Draft
Permanent Status Agreement
Preamble
The State of Israel (hereinafter "Israel") and the Palestine
Liberation Organization (hereinafter "PLO"), the representative of
the Palestinian people (hereinafter the "Parties"):
Reaffirming their determination to put an end to decades of confrontation and
conflict, and to live in peaceful coexistence, mutual dignity and security
based on a just, lasting, and comprehensive peace and achieving historic
reconciliation;
Recognizing that peace requires the transition from the logic of war and
confrontation to the logic of peace and cooperation, and that acts and words
characteristic of the state of war are neither appropriate nor acceptable in
the era of peace;
Affirming their deep belief that the logic of peace requires compromise, and
that the only viable solution is a two-state solution based on UNSC Resolution
242 and 338;
Affirming that this agreement marks the recognition of the right of the Jewish
people to statehood and the recognition of the right of the Palestinian people
to statehood, without prejudice to the equal rights of the Parties' respective
citizens;
Recognizing that after years of living in mutual fear and insecurity, both
peoples need to enter an era of peace, security and stability, entailing all
necessary actions by the parties to guarantee the realization of this era;
Recognizing each other's right to peaceful and secure existence within secure
and recognized boundaries free from threats or acts of force;
Determined to establish relations based on cooperation and the commitment to
live side by side as good neighbors aiming both separately and jointly to
contribute to the well-being of their peoples;
Reaffirming their obligation to conduct themselves in conformity with the norms
of international law and the Charter of the United Nations;
Confirming that this Agreement is concluded within the framework of the Middle
East peace process initiated in Madrid in October 1991, the Declaration of
Principles of September 13, 1993, the subsequent agreements including the
Interim Agreement of September 1995, the Wye River Memorandum of October 1998
and the Sharm El-Sheikh Memorandum of September 4, 1999, and the permanent
status negotiations including the Camp David Summit of July 2000, the Clinton
Ideas of December 2000, and the Taba Negotiations of January 2001;
Reiterating their commitment to United Nations Security Council Resolutions
242, 338 and 1397 and confirming their understanding that this Agreement is
based on, will lead to, and - by its fulfillment - will constitute the full
implementation of these resolutions and to the settlement of the
Israeli-Palestinian conflict in all its aspects;
Declaring that this Agreement constitutes the realization of the permanent
status peace component envisaged in President Bush's speech of June 24, 2002
and in the Quartet Roadmap process;
Declaring that this Agreement marks the historic reconciliation between the
Palestinians and Israelis, and paves the way to reconciliation between the Arab
World and Israel and the establishment of normal, peaceful relations between
the Arab states and Israel in accordance with the relevant clauses of the
Beirut Arab League Resolution of March 28, 2002; and
Resolved to pursue the goal of attaining a comprehensive regional peace, thus
contributing to stability, security, development and prosperity throughout the
region;
Have agreed on the following:
Articles 1-4
Article 1 - Purpose of the Permanent Status Agreement
1. The Permanent Status Agreement (hereinafter "this Agreement") ends
the era of conflict and ushers in a new era based on peace, cooperation, and
good neighborly relations between the Parties.
2. The implementation of this Agreement will settle all the claims of the
Parties arising from events occurring prior to its signature. No further claims
related to events prior to this Agreement may be raised by either Party.
Article 2 - Relations between the Parties
1. The state of
2. The state of
3.
4. The Parties recognize
5. This Agreement supercedes all prior agreements between the Parties.
6. Without prejudice to the commitments undertaken by them in this Agreement,
relations between
7. With a view to the advancement of the relations between the two States and
peoples,
8. The Parties shall cooperate in areas of joint economic interest, to best
realize the human potential of their respective peoples. In this regard, they
will work bilaterally, regionally, and with the international community to
maximize the benefit of peace to the broadest cross-section of their respective
populations. Relevant standing bodies shall be established by the Parties to
this effect.
9. The Parties shall establish robust modalities for security cooperation, and
engage in a comprehensive and uninterrupted effort to end terrorism and
violence directed against each others persons, property, institutions or
territory. This effort shall continue at all times, and shall be insulated from
any possible crises and other aspects of the Parties' relations.
10.
11. The Parties shall establish a ministerial-level Palestinian-Israeli High
Steering Committee to guide, monitor, and facilitate the process of
implementation of this Agreement, both bilaterally and in accordance with the
mechanisms in Article 3 hereunder.
Article 3: Implementation and Verification Group
1. Establishment and Composition
(a) An Implementation and Verification Group (IVG) shall hereby be established
to facilitate, assist in, guarantee, monitor, and resolve disputes relating to
the implementation of this Agreement.
(b) The IVG shall include the
(c) The IVG shall work in coordination with the Palestinian-Israeli High
Steering Committee established in Article 2/11 above and subsequent to that
with the Israeli-Palestinian Cooperation Committee (IPCC) established in
Article 8 hereunder.
(d) The structure, procedures, and modalities of the IVG are set forth below
and detailed in Annex X.
2. Structure
(a) A senior political-level contact group (Contact
Group), composed of all the IVG members, shall be the highest authority in the
IVG.
(b) The Contact Group shall appoint, in consultation with the Parties, a
Special Representative who will be the principal executive of the IVG on the
ground. The Special Representative shall manage the work of the IVG and
maintain constant contact with the Parties, the Palestinian-Israeli High
Steering Committee, and the Contact Group.
(c) The IVG permanent headquarters and secretariat shall be based in an agreed
upon location in
(d) The IVG shall establish its bodies referred to in this Agreement and
additional bodies as it deems necessary. These bodies shall be an integral part
of and under the authority of the IVG.
(e) The Multinational Force (MF) established under Article 5 shall be an
integral part of the IVG. The Special Representative shall, subject to the
approval of the Parties, appoint the Commander of the MF who shall be
responsible for the daily command of the MF. Details relating to the Special
Representative and MF Force Commander are set forth in Annex X.
(f) The IVG shall establish a dispute settlement mechanism, in accordance with
Article 16.
3. Coordination with the Parties
A Trilateral Committee composed of the Special
Representative and the Palestinian-Israeli High Steering Committee shall be
established and shall meet on at least a monthly basis to review the
implementation of this Agreement. The Trilateral Committee will convene within
48 hours upon the request of any of the three parties represented.
4. Functions
In addition to the functions specified elsewhere in this Agreement, the IVG
shall:
(a) Take appropriate measures based on the reports it receives from the MF,
(b) Assist the Parties in implementing the Agreement and preempt and promptly
mediate disputes on the ground.
5. Termination
In accordance with the progress in the implementation of this Agreement, and
with the fulfillment of the specific mandated functions, the IVG shall
terminate its activities in the said spheres. The IVG shall continue to exist
unless otherwise agreed by the Parties.
Article 4 - Territory
1. The International Borders between the States of Palestine and
(a) In accordance with UNSC Resolution 242 and 338, the border between the
states of
(b) The Parties recognize the border, as set out in attached Map 1, as the
permanent, secure and recognized international boundary between them.
2. Sovereignty and Inviolability
(a) The Parties recognize and respect each other's sovereignty, territorial
integrity, and political independence, as well as the inviolability of each
others territory, including territorial waters, and airspace. They shall
respect this inviolability in accordance with this Agreement, the UN Charter,
and other rules of international law.
(b) The Parties recognize each other's rights in their exclusive economic zones
in accordance with international law.
3. Israeli Withdrawal
(a)
(b)
(c) The transfer of authority from
(d) The IVG shall monitor, verify, and facilitate the implementation of this
Article.
4. Demarcation
(a) A Joint Technical Border Commission (Commission) composed of the two
Parties shall be established to conduct the technical demarcation of the border
in accordance with this Article. The procedures governing the work of this
Commission are set forth in Annex X.
(b) Any disagreement in the Commission shall be referred to the IVG in
accordance with Annex X.
(c) The physical demarcation of the international borders shall be completed by
the Commission not later than nine months from the date of the entry into force
of this Agreement.
5. Settlements
(a) The state of
(b) The resettlement shall be completed according to the schedule stipulated in
Article 5.
(c) Existing arrangements in the
(d) Modalities for the assumption of authority over settlements by
(e)
(f) The state of Palestine shall have exclusive title to all land and any
buildings, facilities, infrastructure or other property remaining in any of the
settlements on the date prescribed in the timetable for the completion of the
evacuation of this settlement.
6. Corridor
(a) The states of
i. Be under Israeli sovereignty.
ii. Be permanently open.
iii. Be under Palestinian administration in accordance with Annex X of this
Agreement. Palestinian law shall apply to persons using and procedures
appertaining to the corridor.
iv. Not disrupt Israeli transportation and other infrastructural networks, or
endanger the environment, public safety or public health. Where
necessary, engineering solutions will be sought to avoid such disruptions.
v. Allow for the establishment of the necessary infrastructural facilities
linking the
vi. Not be used in contravention of this Agreement.
(b) Defensive barriers shall be established along the corridor and Palestinians
shall not enter
(c) The Parties shall seek the assistance of the international community in
securing the financing for the corridor.
(d) The IVG shall guarantee the implementation of this Article in accordance
with Annex X.
(e) Any disputes arising between the Parties from the
operation of the corridor shall be resolved in accordance with Article 16.
(f) The arrangements set forth in this clause may only be terminated or revised
by agreement of both Parties.
Article 5 - Security
Article 5 - Security
1. General Security Provisions
(a) The Parties acknowledge that mutual understanding and co-operation in
security-related matters will form a significant part of their bilateral
relations and will further enhance regional security.
(b)
i. Recognize and respect the other's right to live in peace within secure and
recognized boundaries free from the threat or acts of war, terrorism and
violence;
ii. refrain from the threat or use of force against
the territorial integrity or political independence of the other and shall
settle all disputes between them by peaceful means;
iii. refrain from joining, assisting, promoting or co-operating with any
coalition, organization or alliance of a military or security character, the
objectives or activities of which include launching aggression or other acts of
hostility against the other;
iv. refrain from organizing, encouraging, or allowing
the formation of irregular forces or armed bands, including mercenaries and
militias within their respective territory and prevent their establishment. In
this respect, any existing irregular forces or armed bands shall be disbanded
and prevented from reforming at any future date;
v. refrain from organizing, assisting, allowing, or participating in acts of
violence in or against the other or acquiescing in activities directed toward
the commission of such acts.
(c) To further security cooperation, the Parties shall establish a high level
Joint Security Committee that shall meet on at least a monthly basis. The Joint
Security Committee shall have a permanent joint office, and may establish such
sub-committees as it deems necessary, including sub-committees to immediately
resolve localized tensions.
2. Regional Security
i.
ii. To this end, the Parties shall work together to establish a regional
security regime.
3. Defense Characteristics of the
(a) No armed forces, other than as specified in this Agreement, will be
deployed or stationed in
(b)
i. No individuals or organizations in Palestine other than the PSF and the
organs of the IVG, including the MF, may purchase, possess, carry or use
weapons except as provided by law.
(c) The PSF shall:
i. Maintain border control;
ii. Maintain law-and-order and perform police functions;
iii. Perform intelligence and security functions;
iv. Prevent terrorism;
v. Conduct rescue and emergency missions; and
vi. Supplement essential community services when
necessary.
(d) The MF shall monitor and verify compliance with this clause.
4. Terrorism
(a) The Parties reject and condemn terrorism and violence in all its forms and
shall pursue public policies accordingly. In addition, the parties shall
refrain from actions and policies that are liable to nurture extremism and
create conditions conducive to terrorism on either side.
(b) The Parties shall take joint and, in their respective territories,
unilateral comprehensive and continuous efforts against all aspects of violence
and terrorism. These efforts shall include the prevention and preemption of
such acts, and the prosecution of their perpetrators.
(c) To that end, the Parties shall maintain ongoing consultation, cooperation,
and exchange of information between their respective security forces.
(d) A Trilateral Security Committee composed of the two Parties and the
5. Incitement
(a) Without prejudice to freedom of expression and
other internationally recognized human rights,
(b) The IVG shall assist the Parties in establishing guidelines for the implementation
of this clause, and shall monitor the Parties' adherence thereto.
6. Multinational Force
(a) A Multinational Force (MF) shall be established to provide security
guarantees to the Parties, act as a deterrent, and oversee the implementation
of the relevant provisions of this Agreement.
(b) The composition, structure and size of the MF are set forth in Annex X.
(c) To perform the functions specified in this
Agreement, the MF shall be deployed in the state of
(d) In accordance with this Agreement, and as detailed in Annex X, the MF
shall:
i. In light of the non-militarized nature of the Palestinian state, protect the
territorial integrity of the state of
ii. Serve as a deterrent against external attacks that could threaten either of
the Parties.
iii. Deploy observers to areas adjacent to the lines of the Israeli withdrawal
during the phases of this withdrawal, in accordance with Annex X.
iv. Deploy observers to monitor the territorial and
maritime borders of the state of
v. Perform the functions on the Palestinian international border crossings
specified in clause 5/12.
vi. Perform the functions relating to the early warning stations as specified
in clause 5/8.
vii. Perform the functions specified in clause 5/3.
viii. Perform the functions specified in clause 5/7.
ix. Perform the functions specified in Article 10.
x. Help in the enforcement of anti-terrorism measures.
xi. Help in the training of the PSF.
(e) In relation to the above, the MF shall report to and update the IVG in
accordance with Annex X.
(f) The MF shall only be withdrawn or have its mandate changed by agreement of
the Parties.
7. Evacuation
(a)
(b) The staged withdrawals shall commence immediately upon entry into force of
this Agreement and shall be made in accordance with the timetable and
modalities set forth in Annex X.
(c) The stages shall be designed subject to the
following principles:
i. The need to create immediate clear contiguity and facilitate the early
implementation of Palestinian development plans.
ii.
iii. The need to construct and operationalize the border between the two
states.
iv. The introduction and effective functioning of the MF, in particular on the
eastern border of the state of
(d) Accordingly, the withdrawal shall be implemented in the following stages:
i. The first stage shall include the areas of the
state of
ii. The second and third stages shall include the remainder of the territory of
the state of
(e)
(f)
(g) In accordance with Annex X, the MF shall monitor and verify compliance with
this clause.
8. Early Warning Stations
(a) Israel may maintain two EWS in the northern, and central West Bank at the
locations set forth in Annex X.
(b) The EWS shall be staffed by the minimal required number of Israeli
personnel and shall occupy the minimal amount of land necessary for their
operation as set forth in Annex X.
(c) Access to the EWS will be guaranteed and escorted by the MF.
(d) Internal security of the EWS shall be the responsibility of
(e) The MF and the PSF shall maintain a liaison presence in the EWS. The MF
shall monitor and verify that the EWS is being used for purposes recognized by
this Agreement as detailed in Annex X.
(f) The arrangements set forth in this Article shall be subject to review in
ten years, with any changes to be mutually agreed. Thereafter, there will be
five-yearly reviews whereby the arrangements set forth in this Article may be
extended by mutual consent.
(g) If at any point during the period specified above a regional security
regime is established, then the IVG may request that the Parties review whether
to continue or revise operational uses for the EWS in light of these
developments. Any such change will require the mutual consent of the Parties.
9. Airspace
(a) Civil Aviation
i. The Parties recognize as applicable to each other the rights, privileges and
obligations provided for by the multilateral aviation agreements to which they
are both party, particularly by the 1944 Convention on International Civil
Aviation (The Chicago Convention) and the 1944 International Air Services
Transit Agreement.
ii. In addition, the Parties shall, upon entry into force of this Agreement,
establish a trilateral committee composed of the two Parties and the IVG to
design the most efficient management system for civil aviation, including those
relevant aspects of the air traffic control system. In the absence of consensus
the IVG may make its own recommendations.
(b) Training
i. The Israeli Air Force shall be entitled to use the Palestinian sovereign
airspace for training purposes in accordance with Annex X, which shall be based
on rules pertaining to IAF use of Israeli airspace.
ii. The IVG shall monitor and verify compliance with this clause. Either Party
may submit a complaint to the IVG whose decision shall be conclusive.
iii. The arrangements set forth in this clause shall be subject to review every
ten years, and may be altered or terminated by the agreement of both Parties.
10. Electromagnetic Sphere
(a) Neither Party's use of the electromagnetic sphere may interfere with the
other Party's use.
(b) Annex X shall detail arrangements relating to the use of the
electromagnetic sphere.
(c) The IVG shall monitor and verify the implementation of this clause and
Annex X.
(d) Any Party may submit a complaint to the IVG whose decision shall be
conclusive.
11. Law Enforcement
The Israeli and Palestinian law enforcement agencies shall cooperate in
combating illicit drug trafficking, illegal trafficking in archaeological
artifacts and objects of arts, cross-border crime, including theft and fraud,
organized crime, trafficking in women and minors, counterfeiting, pirate TV and
radio stations, and other illegal activity.
12. International Border Crossings
(a) The following arrangements shall apply to borders crossing between the
state of Palestine and Jordan, the state of Palestine and Egypt, as well as
airport and seaport entry points to the state of Palestine.
(b) All border crossings shall be monitored by joint teams composed of members
of the PSF and the MF. These teams shall prevent the entry into
(c) The MF representatives and the PSF will have, jointly and separately, the
authority to block the entry into
(d) This arrangement shall be reviewed by the IVG after 5 years to determine
its continuation, modification or termination. Thereafter, the Palestinian
party may request such a review on an annual basis.
(e) In passenger terminals, for thirty months,
(f) For the following two years, these arrangements will continue in a
specially designated facility in
(g) In cargo terminals, for thirty months,
(h) For the following three years, these arrangements will continue from a
specially designated facility in
(i) A high level trilateral committee composed of representatives of
(j) The details of the above are set forth in Annex X.
13. Border Control
(a) The PSF shall maintain border control as detailed in Annex X.
(b) The MF shall monitor and verify the maintenance of border control by the
PSF.
Article 6 –
Article 6 -
1. Religious and Cultural Significance:
(a) The Parties recognize the universal historic, religious, spiritual, and
cultural significance of Jerusalem and its holiness enshrined in Judaism,
Christianity, and Islam. In recognition of this status, the Parties reaffirm
their commitment to safeguard the character, holiness, and freedom of worship
in the city and to respect the existing division of administrative functions
and traditional practices between different denominations.
(b) The Parties shall establish an inter-faith body consisting of
representatives of the three monotheistic faiths, to act as a consultative body
to the Parties on matters related to the city's religious significance and to
promote inter-religious understanding and dialogue. The composition,
procedures, and modalities for this body are set forth in Annex X.
2. Capital of Two States
The Parties shall have their mutually recognized capitals
in the areas of
3. Sovereignty
Sovereignty in
4. Border Regime
The border regime shall be designed according to the provisions of Article 11,
and taking into account the specific needs of
5. al-Haram al-Sharif/Temple Mount (Compound)
(a) International Group
i. An International Group, composed of the IVG and
other parties to be agreed upon by the Parties, including members of the
Organization of the Islamic Conference (OIC), shall hereby be established to
monitor, verify, and assist in the implementation of this clause.
ii. For this purpose, the International Group shall establish a Multinational
Presence on the Compound, the composition, structure, mandate and functions of
which are set forth in Annex X.
iii. The Multinational Presence shall have specialized detachments dealing with
security and conservation. The Multinational Presence shall make periodic
conservation and security reports to the International Group. These reports
shall be made public.
iv. The Multinational Presence shall strive to immediately resolve any problems
arising and may refer any unresolved disputes to the International Group that
will function in accordance with Article 16.
v. The Parties may at any time request clarifications or submit complaints to
the International Group which shall be promptly investigated and acted upon.
vi. The International Group shall draw up rules and regulations to maintain
security on and conservation of the Compound. These shall include lists of the
weapons and equipment permitted on the site.
(b) Regulations Regarding the Compound
i. In view of the sanctity of the Compound, and in light of the unique
religious and cultural significance of the site to the Jewish people, there
shall be no digging, excavation, or construction on the Compound, unless
approved by the two Parties. Procedures for regular maintenance and emergency
repairs on the Compound shall be established by the IG after consultation with
the Parties.
ii. The state of
iii. In light of the universal significance of the
Compound, and subject to security considerations and to the need not to disrupt
religious worship or decorum on the site as determined by the Waqf, visitors
shall be allowed access to the site. This shall be without any discrimination
and generally be in accordance with past practice.
(c) Transfer of Authority
i. At the end of the withdrawal period stipulated in Article 5/7, the state of
ii. The International Group and its subsidiary organs shall continue to exist
and fulfill all the functions stipulated in this Article unless otherwise agreed
by the two Parties.
6. The Wailing Wall
The Wailing Wall shall be under Israeli sovereignty.
7. The Old City
(a) Significance of the
i. The Parties view the
ii. The Parties shall act in accordance with the UNESCO World Cultural Heritage
List regulations, in which the
(b)IVG Role in the
i. Cultural Heritage
1. The IVG shall monitor and verify the preservation of cultural
heritage in the
2. The IVG shall work in close coordination with the Old City Committee of the
Jerusalem Coordination and Development Committee (JCDC), including in devising
a restoration and preservation plan for the
ii. Policing
1. The IVG shall establish an Old City Policing Unit (PU) to liaise with,
coordinate between, and assist the Palestinian and Israeli police forces in the
2. The PU shall periodically report to the IVG.
iii. Either Party may submit complaints in relation to this clause to the IVG,
which shall promptly act upon them in accordance with Article 16.
(c) Free Movement within the Old City
Movement within the
(d) Entry into and Exit from the Old City
i. Entry and exit points into and from the Old City will be staffed by the
authorities of the state under whose sovereignty the point falls, with the
presence of PU members, unless otherwise specified.
ii. With a view to facilitating movement into the
iii. Citizens of either Party may not exit the
(e) Suspension, Termination, and Expansion
i. Either Party may suspend the arrangements set forth in Article 6.7.iii in
cases of emergency for one week. The extension of such suspension for longer
than a week shall be pursuant to consultation with the other Party and the IVG
at the Trilateral Committee established in Article 3/3.
ii. This clause shall not apply to the arrangements set forth in Article
6/7/vi.
iii. Three years after the transfer of authority over
the
iv. The Parties shall examine the possibility of expanding these arrangements
beyond the
(f) Special Arrangements
i. Along the way outlined in Map X (from the Jaffa Gate to the Zion Gate) there
will be permanent and guaranteed arrangements for Israelis regarding access,
freedom of movement, and security, as set forth in Annex X.
1. The IVG shall be responsible for the implementation of these arrangements.
ii. Without prejudice to Palestinian sovereignty, Israeli administration of the
Citadel will be as outlined in Annex X.
(g) Color-Coding of the
A visible color-coding scheme shall be used in the
(h) Policing
i. An agreed number of Israeli police shall constitute the
ii. An agreed number of Palestinian police shall constitute the
iii. All members of the respective Israeli and
iv. A special Joint Situation Room, under the direction of the PU and
incorporating members of the Israeli and
(i) Arms
No person shall be allowed to carry or possess arms in the
(j) Intelligence and Security
i. The Parties shall establish intensive intelligence cooperation regarding the
ii. A trilateral committee composed of the two Parties and representatives of
the
8.
(a) The area outlined in Map X (the Jewish Cemetery on
the
i. There shall be a designated road to provide free, unlimited, and unimpeded
access to the Cemetery.
ii. The IVG shall monitor the implementation of this clause.
iii. This arrangement may only be terminated by the agreement of both Parties.
9.
Arrangements shall be established in the two cemeteries designated in Map X (
10. The Western Wall Tunnel
(a) The Western Wall Tunnel designated in Map X shall be under Israeli
administration, including:
i. Unrestricted Israeli access and right to worship and conduct religious
practices.
ii. Responsibility for the preservation and maintenance of the site in
accordance with this Agreement and without damaging structures above, under IVG
supervision.
iii. Israeli policing.
iv. IVG monitoring
v. The Northern Exit of the Tunnel shall only be used for exit and may only be
closed in case of emergency as stipulated in Article 6/7.
(b) This arrangement may only be terminated by the agreement of both Parties.
11. Municipal Coordination
(a) The two Jerusalem municipalities shall form a Jerusalem Co-ordination and
Development Committee ("JCDC") to oversee the cooperation and
coordination between the Palestinian Jerusalem municipality and the Israeli
Jerusalem municipality. The JCDC and its sub-committees shall be composed of an
equal number of representatives from
(b) The JCDC shall ensure that the coordination of infrastructure and services
best serves the residents of
(c) The JCDC shall have the following subcommittees:
i. A Planning and Zoning Committee: to ensure agreed planning and zoning
regulations in areas designated in Annex X.
ii. A Hydro Infrastructure Committee: to handle matters relating to drinking
water delivery, drainage, and wastewater collection and treatment.
iii. A Transport Committee: to coordinate relevant connectedness and
compatibility of the two road systems and other issues pertaining to transport.
iv. An Environmental Committee: to deal with
environmental issues affecting the quality of life in the city, including solid
waste management.
v. An Economic and Development Committee: to formulate plans for economic
development in areas of joint interest, including in the areas of
transportation, seam line commercial cooperation, and tourism.
vi. A Police and Emergency Services Committee: to coordinate measures for the
maintenance of public order and crime prevention and the provision of emergency
services;
vii. An
viii. Other Committees as agreed in the JCDC.
12. Israeli Residency of Palestinian Jerusalemites
Palestinian Jerusalemites who currently are permanent
residents of
13. Transfer of authority
The Parties will apply in certain socio-economic spheres interim measures to
ensure the agreed, expeditious, and orderly transfer of powers and obligations
from
Article 7 – Refugees
Article 7 - Refugees
1. Significance of the Refugee Problem
(a) The Parties recognize that, in the context of two independent states,
(b) Such a resolution will also be central to stability building and
development in the region.
2. UNGAR 194, UNSC Resolution 242, and the Arab Peace Initiative
(a) The Parties recognize that UNGAR 194, UNSC Resolution 242, and the Arab
Peace Initiative (Article 2.ii.) concerning the rights of the Palestinian
refugees represent the basis for resolving the refugee issue, and agree that
these rights are fulfilled according to Article 7 of this Agreement.
3. Compensation
(a) Refugees shall be entitled to compensation for their refugeehood and for
loss of property. This shall not prejudice or be prejudiced by the refugee's
permanent place of residence.
(b) The Parties recognize the right of states that have hosted Palestinian
refugees to remuneration.
4. Choice of
The solution to the PPR aspect of the refugee problem shall entail an act of
informed choice on the part of the refugee to be exercised in accordance with
the options and modalities set forth in this agreement. PPR options from which
the refugees may choose shall be as follows;
(a) The state of
(b) Areas in
(c) Third Countries, in accordance with clause b below.
(d) The state of
(e) Present Host countries, in accordance with clause d below.
i. PPR options i and ii shall be the right of all Palestinian refugees and
shall be in accordance with the laws of the State of Palestine.
ii. Option iii shall be at the sovereign discretion of third countries and
shall be in accordance with numbers that each third country will submit to the
International Commission. These numbers shall represent the total number of
Palestinian refugees that each third country shall accept.
iii. Option iv shall be at the sovereign discretion of
iv. Option v shall be in accordance with the sovereign discretion of present
host countries. Where exercised this shall be in the context of prompt and
extensive development and rehabilitation programs for the refugee communities.
Priority in all the above shall be accorded to the Palestinian refugee
population in
5. Free and Informed Choice
The process by which Palestinian refugees shall express their PPR choice shall
be on the basis of a free and informed decision. The Parties themselves are
committed and will encourage third parties to facilitate the refugees' free
choice in expressing their preferences, and to countering any attempts at
interference or organized pressure on the process of choice. This will not
prejudice the recognition of
6. End of Refugee Status
Palestinian refugee status shall be terminated upon the realization of an
individual refugee’s permanent place of residence (PPR) as determined by the
International Commission.
7. End of Claims
This agreement provides for the permanent and complete
resolution of the Palestinian refugee problem. No claims may be raised except
for those related to the implementation of this agreement.
8. International Role
The Parties call upon the international community to
participate fully in the comprehensive resolution of the refugee problem in
accordance with this Agreement, including, inter alia, the establishment of an
International Commission and an International Fund.
9. Property Compensation
(a) Refugees shall be compensated for the loss of property resulting from their
displacement.
(b) The aggregate sum of property compensation shall be calculated as follows:
i. The Parties shall request the International Commission to appoint a Panel of
Experts to estimate the value of Palestinians' property at the time of
displacement.
ii. The Panel of Experts shall base its assessment on the UNCCP records, the
records of the Custodian for Absentee Property, and any other records it deems
relevant. The Parties shall make these records available to the Panel.
iii. The Parties shall appoint experts to advise and assist the Panel in its
work.
iv. Within 6 months, the Panel shall submit its estimates to the Parties.
v. The Parties shall agree on an economic multiplier, to be applied to the
estimates, to reach a fair aggregate value of the property.
(c) The aggregate value agreed to by the Parties shall constitute the Israeli
“lump sum” contribution to the International Fund. No other financial claims
arising from the Palestinian refugee problem may be raised against
(d) Israel's contribution shall be made in installments in accordance with
Schedule X.
(e) The value of the Israeli fixed assets that shall remain intact in former
settlements and transferred to the state of Palestine will be deducted from
Israel's contribution to the International Fund. An estimation of this value
shall be made by the International Fund, taking into account assessment of
damage caused by the settlements.
10. Compensation for Refugeehood
(a) A "Refugeehood Fund" shall be established in recognition of each
individual's refugeehood. The Fund, to which
(b) Funds will be disbursed to refugee communities in the former areas of UNRWA
operation, and will be at their disposal for communal development and
commemoration of the refugee experience. Appropriate mechanisms will be devised
by the International Commission whereby the beneficiary refugee communities are
empowered to determine and administer the use of this Fund.
11. The International Commission (Commission)
(a) Mandate and Composition
i. An International Commission shall be established and shall have full and
exclusive responsibility for implementing all aspects of this Agreement
pertaining to refugees.
ii. In addition to themselves, the Parties call upon the United Nations, the
United States, UNRWA, the Arab host countries, the EU, Switzerland, Canada,
Norway, Japan, the World Bank, the Russian Federation, and others to be the
members of the Commission.
iii. The Commission shall:
1. Oversee and manage the process whereby the status and PPR of Palestinian
refugees is determined and realized.
2. Oversee and manage, in close cooperation with the host states, the
rehabilitation and development programs.
3. Raise and disburse funds as appropriate.
iv. The Parties shall make available to the Commission all relevant documentary
records and archival materials in their possession that it deems necessary for
the functioning of the Commission and its organs. The Commission may request
such materials from all other relevant parties and bodies, including, inter
alia, UNCCP and UNRWA.
(b) Structure
i. The Commission shall be governed by an Executive Board (Board) composed of
representatives of its members.
ii. The Board shall be the highest authority in the Commission and shall make
the relevant policy decisions in accordance with this Agreement.
iii. The Board shall draw up the procedures governing the work of the
Commission in accordance with this Agreement.
iv. The Board shall oversee the conduct of the various Committees of the
Commission. The said Committees shall periodically report to the Board in
accordance with procedures set forth thereby.
v. The Board shall create a Secretariat and appoint a Chair thereof. The Chair
and the Secretariat shall conduct the day-to-day operation of the Commission.
(c) Specific Committees
i. The Commission shall establish the Technical Committees specified below.
ii. Unless otherwise specified in this Agreement, the Board shall determine the
structure and procedures of the Committees.
iii. The Parties may make submissions to the Committees as deemed necessary.
iv. The Committees shall establish mechanisms for resolution of disputes
arising from the interpretation or implementation of the provisions of this
Agreement relating to refugees.
v. The Committees shall function in accordance with this Agreement, and shall
render binding decisions accordingly.
vi. Refugees shall have the right to appeal decisions affecting them according
to mechanisms established by this Agreement and detailed in Annex X.
(d) Status-determination Committee:
i. The Status-determination Committee shall be responsible for verifying
refugee status.
ii. UNRWA registration shall be considered as rebuttable presumption (prima
facie proof) of refugee status.
(e) Compensation Committee:
i. The Compensation Committee shall be responsible for administering the
implementation of the compensation provisions.
ii. The Committee shall disburse compensation for individual property pursuant
to the following modalities:
1. Either a fixed per capita award for property claims
below a specified value. This will require the claimant to only prove title,
and shall be processed according to a fast-track procedure, or
2. A claims-based award for property claims exceeding a specified value for
immovables and other assets. This will require the claimant to prove both title
and the value of the losses.
iii. Annex X shall elaborate the details of the above
including, but not limited to, evidentiary issues and the use of UNCCP,
“Custodian for Absentees' Property”, and UNRWA records, along with any other
relevant records.
(f)
There shall be remuneration for host states.
(g) Permanent Place of Residence Committee (PPR Committee):
The PPR Committee shall,
i. Develop with all the relevant parties detailed
programs regarding the implementation of the PPR options pursuant to Article
7/4 above.
ii. Assist the applicants in making an informed choice regarding PPR options.
iii. Receive applications from refugees regarding PPR. The applicants must
indicate a number of preferences in accordance with article 7/4 above. The
applications shall be received no later than two years after the start of the
International Commission's operations. Refugees who do not submit such
applications within the two-year period shall lose their refugee status.
iv. Determine, in accordance with sub-Article (a) above, the PPR of the
applicants, taking into account individual preferences and maintenance of
family unity. Applicants who do not avail themselves of the Committee's PPR
determination shall lose their refugee status.
v. Provide the applicants with the appropriate technical and legal assistance.
vi. The PPR of Palestinian refugees shall be realized within 5 years of the
start of the International Commission's operations.
(h) Refugeehood Fund Committee
The Refugeehood Fund Committee shall implement Article 7/10 as detailed in
Annex X.
(i) Rehabilitation and Development Committee
In accordance with the aims of this Agreement and noting the above PPR
programs, the Rehabilitation and Development Committee shall work closely with
Palestine, Host Countries and other relevant third countries and parties in
pursuing the goal of refugee rehabilitation and community development. This
shall include devising programs and plans to provide the former refugees with
opportunities for personal and communal development, housing, education,
healthcare, re-training and other needs. This shall be integrated in the
general development plans for the region.
12. The International Fund
(a) An International Fund (the Fund) shall be established to receive
contributions outlined in this Article and additional contributions from the
international community. The Fund shall disburse monies to the Commission to
enable it to carry out its functions. The Fund shall audit the Commission’s
work.
(b) The structure, composition and operation of the Fund are set forth in Annex
X.
13. UNRWA
(a) UNRWA should be phased out in each country in which it operates, based on
the end of refugee status in that country.
(b) UNRWA should cease to exist five years after the start of the Commission's
operations. The Commission shall draw up a plan for the phasing out of UNRWA
and shall facilitate the transfer of UNRWA functions to host states.
14. Reconciliation Programs
(a) The Parties will encourage and promote the development of cooperation
between their relevant institutions and civil societies in creating forums for
exchanging historical narratives and enhancing mutual understanding regarding
the past.
(b) The Parties shall encourage and facilitate exchanges in order to
disseminate a richer appreciation of these respective narratives, in the fields
of formal and informal education, by providing conditions for direct contacts
between schools, educational institutions and civil society.
(c) The Parties may consider cross-community cultural programs in order to
promote the goals of conciliation in relation to their respective histories.
(d) These programs may include developing appropriate ways of commemorating
those villages and communities that existed prior to 1949.
Articles 8-17
Article 8 - Israeli-Palestinian Cooperation Committee (IPCC)
1. The Parties shall establish an Israeli-Palestinian Cooperation
Committee immediately upon the entry into force of this agreement. The IPCC
shall be a ministerial-level body with ministerial-level Co-Chairs.
2. The IPCC shall develop and assist in the implementation of policies for
cooperation in areas of common interest including, but not limited to,
infrastructure needs, sustainable development and environmental issues,
cross-border municipal cooperation, border area industrial parks, exchange
programs, human resource development, sports and youth, science, agriculture
and culture.
3. The IPCC shall strive to broaden the spheres and scope of cooperation
between the Parties.
Article 9 - Designated Road Use Arrangements
1. The following arrangements for Israeli civilian use will apply to the
designated roads in
2. These arrangements shall not prejudice Palestinian jurisdiction over these
roads, including PSF patrols.
3. The procedures for designated road use arrangements will be further detailed
in Annex X.
4. Israelis may be granted permits for use of designated roads. Proof of
authorization may be presented at entry points to the designated roads. The
sides will review options for establishing a road use system based on smart
card technology.
5. The designated roads will be patrolled by the MF at all times. The MF will
establish with the states of
6. In the event of any incidents involving Israeli citizens and requiring
criminal or legal proceedings, there will be full cooperation between the
Israeli and Palestinian authorities according to arrangements to be agreed upon
as part of the legal cooperation between the two states. The Parties may call
on the IVG to assist in this respect.
7. Israelis shall not use the designated roads as a means of entering
8. In the event of regional peace, arrangements for Palestinian civilian use of
designated roads in
Article 10 - Sites of Religious Significance
1. The Parties shall establish special arrangements to guarantee access
to agreed sites of religious significance, as will be detailed in Annex X.
These arrangements will apply, inter alia, to the Tomb of the Patriarchs in
2. Access to and from the sites will be by way of designated shuttle facilities
from the relevant border crossing to the sites.
3. The Parties shall agree on requirements and procedures for granting licenses
to authorized private shuttle operators.
4. The shuttles and passengers will be subject to MF inspection.
5. The shuttles will be escorted on their route between the border crossing and
the sites by the MF.
6. The shuttles shall be under the traffic regulations and jurisdiction of the
Party in whose territory they are traveling.
7. Arrangements for access to the sites on special days and holidays are
detailed in Annex X.
8. The Palestinian Tourist Police and the MF will be present at these sites.
9. The Parties shall establish a joint body for the religious administration of
these sites.
10. In the event of any incidents involving Israeli citizens and requiring
criminal or legal proceedings, there will be full cooperation between the
Israeli and Palestinian authorities according to arrangements to be agreed
upon. The Parties may call on the IVG to assist in this respect.
11. Israelis shall not use the shuttles as a means of entering
12. The Parties shall protect and preserve the sites of religious significance
listed in Annex X and shall facilitate visitation to the cemeteries listed in
Annex X.
Article 11 - Border Regime
1. There shall be a border regime between the two states, with movement between
them subject to the domestic legal requirements of each and to the provisions
of this Agreement as detailed in Annex X.
2. Movement across the border shall only be through designated border
crossings.
3. Procedures in border crossings shall be designed to facilitate strong trade
and economic ties, including labor movement between the Parties.
4. Each Party shall each, in its respective territory, take the measures it
deems necessary to ensure that no persons, vehicles, or goods enter the
territory of the other illegally.
5. Special border arrangements in
Article 12 - Water: still to be completed
Article 13 - Economic Relations: still to be completed
Article 14 - Legal Cooperation: still to be completed
Article 15 - Palestinian Prisoners and Detainees
1. In the context of this Permanent Status Agreement between Israel and
Palestine, the end of conflict, cessation of all violence, and the robust
security arrangements set forth in this Agreement, all the Palestinian and Arab
prisoners detained in the framework of the Israeli-Palestinian conflict prior
to the date of signature of this Agreement, DD/MM/2003, shall be released in
accordance with the categories set forth below and detailed in Annex X.
(a) Category A: all persons imprisoned prior to the start of the implementation
of the Declaration of Principles on May 4, 1994, administrative detainees, and
minors, as well as women, and prisoners in ill health shall be released
immediately upon the entry into force of this Agreement.
(b) Category B: all persons imprisoned after May 4, 1994 and prior to the
signature of this Agreement shall be released no later than eighteen months
from the entry into force of this Agreement, except those specified in Category
C.
(c) Category C: Exceptional cases - persons whose names are set forth in Annex
X - shall be released in thirty months at the end of the full implementation of
the territorial aspects of this Agreement set forth in Article 5/7/v.
Article 16 - Dispute Settlement Mechanism
1. Disputes related to the interpretation or application of this Agreement
shall be resolved by negotiations within a bilateral framework to be convened
by the High Steering Committee.
2. If a dispute is not settled promptly by the above, either Party may submit
it to mediation and conciliation by the IVG mechanism in accordance with
Article 3.
3. Disputes which cannot be settled by bilateral negotiation and/or the IVG
mechanism shall be settled by a mechanism of conciliation to be agreed upon by
the Parties.
4. Disputes which have not been resolved by the above may be submitted by
either Party to an arbitration panel. Each Party shall nominate one member of
the three-member arbitration panel. The Parties shall select a third arbiter
from the agreed list of arbiters set forth in Annex X either by consensus or,
in the case of disagreement, by rotation.
Article 17 - Final Clauses
Including a final clause providing for a UNSCR/UNGAR resolution endorsing the
agreement and superceding the previous UN resolutions.
The English version of this text will be considered authoritative.