· 04-May-94: Gaza-Jericho Autonomy Agreement - (Cairo Agreement)
04 May
1994
Although certain important points in the Gaza-Jericho Agreement still need
working out, such as the size of Jericho and matters of judicial jurisdiction,
the PLO and Israel signed this documents. The preamble affirms that whatever is
agreed upon will be considered to be the implementation of UN resolution 242 and
338. Israel agrees to a quick redeployment in Gaza Jericho, to be completed
within three weeks. Palestinian police will take over Israeli posts. The
Palestinian authority agrees to limit its offices to Gaza and Jericho until
elections are held in the entire Occupied Territory. The Palestinian authority
has the right to issue laws as long as they do not contradict any of the
PLO-Israeli agreements, but Israeli military orders will remain in effect until
they are nullified. Joint Palestinian-Israeli committees will be set up for
civil affairs in Gaza and Jericho. Both Israel and the Palestinian Authority
pledge to respect human rights as defined by international covenants.
The Government of the State of Israel and the Palestinian Liberation
Organization (hereinafter "the PLO"), the representative of the Palestinian
people.
PREAMBLE
Within framework of the Middle East peace process initiated in Madrid in October
1991;
Reaffirming their determination to live in peaceful coexistence, mutual dignity
and security, while recognizing their mutual legitimate and political rights;
Reaffirming their desire to achieve a just, lasting and comprehensive peace
settlement through the agreed political process;
Reaffirming their adherence to the mutual recognition and commitments expressed
in the letters dated September 9, 1993, signed by and exchanged between the
Prime Minister of Israel and the Chairman of the PLO;
Reaffirming their understanding that the interim self-government arrangements,
including the arrangements to apply in the Gaza Strip and the Jericho Area
contained in this Agreement, are an integral part of the whole peace process and
that the negotiations on the permanent status will lead the implementation of
Security Council Resolutions 242 and 338;
Desirous of putting into effect the Declaration of Principles on Interim
Self-Government Arrangements signed Washington, D.C. on September 13, 1993, and
the Agreed Minutes thereto (hereinafter "the Declaration of Principles"), and in
particular the Protocol on withdrawal of Israeli forces from the Gaza Strip and
the Jericho Area;
Hereby agree to the following arrangements regarding the Gaza Strip and the
Jericho Area.
Article 1: Definitions
For the purpose of this Agreement:
a. the Gaza Strip and the Jericho Area are delineated on map Nos. 1 and 2
attached to this Agreement;
b. "the Settlements" means the Gush Katif and Erez settlement areas, as well as
the other settlements in the Gaza Strip, as shown on the attached map No 1.
c. "The Military Installation Area" means the Israeli military installation area
along the Egyptian border in the Gaza Strip, as shown on the attached map No 1;
and
d. the term "Israelis" shall also include Israeli statutory agencies and
corporations registered in Israel.
Article II: Scheduled Withdrawal of Israeli Military Forces
1. Israel shall implement an accelerated and scheduled withdrawal of Israeli
military forces from the Gaza Strip and from the Jericho Area to begin
immediately with the signing of this Agreement. Israel shall complete such
withdrawal within three weeks from this date'.
2. Subject to the arrangements included in the Protocol in the concerning
Withdrawal of Israeli Military Forces and Security Arrangements attached as
Annex 1, the Israeli withdrawal shall include evacuating all military bases and
other fixed installations to be handed over to the Palestinian police, to be
established pursuant to Article IX below (hereinafter "the Palestinian Police").
3. In order to carry out Israel's responsibility for external security and for
internal security and public order of settlements and Israelis, Israel shall
concurrently with the withdrawal, redeploys its remaining military forces to the
Israeli settlements and Military Installation Area, in accordance with the
provisions of this agreement. Subject to the provisions of these Agreements,
this redeployment shall constitute full implementation of Article XIII of the
Declaration of Principles with regard to the Gaza Strip and Jericho Area only.
4. For the purpose of this Agreement, "Israeli military forces" may include
Israeli police and other Israeli security forces.
5. Israelis, including Israeli military forces, may continue to use roads freely
within the Gaza Strip and the Jericho Area. Palestinians may use public roads
crossing the settlements freely, as provided for in Annex I.
6. The Palestinian police shall be deployed and shall assume responsibility for
public order and internal security of Palestinians in accordance with this
Agreement and Annex I.
Article III: Transfer of Authority
1. Israel shall transfer authority as specified in this Agreement from the
Israeli military government and its Civil Administration to the Palestinian
Authority, hereby established, in accordance with Article V this Agreement,
except for the authority that Israel shall continue to exercise as specified in
this Agreement.
2. As regards the transfer and assumption of authority in civil spheres, powers
and responsibilities shall be transferred and assumed as set out in the Protocol
Concerning Civil Affairs attached as Annex II.
3. Arrangements for a smooth and peaceful transfer of the agreed powers and
responsibilities are set out in Annex II.
4. Upon the completion of the Israeli withdrawal and the transfer of powers and
responsibilities as detailed in Annex II, the Civil Administration in the Gaza
Strip and the Jericho Area will be dissolved and the Israeli, military
government will be withdrawn. The withdrawal of the military government shall
not prevent it from continuing to exercise the powers and responsibilities
specified in this Agreement.
5. A Joint Civil Affairs Coordination and Cooperation Committee (hereinafter
"the CAC") and two joint Regional Civil Affairs Sub-Committees for the Gaza
Strip and the Jericho Area respectively shall be established in order to provide
for coordination and cooperation in civil affairs between the Palestinian
Authority and Israel, as detailed in Annex II.
6. The offices of the Palestinian Authority shall be located in the Gaza Strip
and the Jericho Area pending the inauguration of the Council to be elected
pursuant to the Declaration of Principles.
Article IV: Structure and Composition of the Palestinian Authority
1. The Palestinian Authority will consist of one body of 24 members which shall
carry out and be responsible for all the legislative and executive powers and
responsibilities transferred to it under this Agreement, in accordance with this
Article, and shall be responsible for the exercise of judicial functions in
accordance with Article VI, sub-paragraph 1 b. of this agreement.
2. The Palestinian Authority shall administer the departments transferred to it
and may establish, within its jurisdiction, other departments and subordinate
administrative units as necessary for the fulfillment of its responsibilities.
It shall determine its own internal procedures.
3. The PLO shall inform the Government of Israel of the names of the members of
the Palestinian Authority and any change of members. Changes in the membership
of the Palestinian Authority will take effect upon an exchange of letters
between the PLO and the Government of Israel.
4. Each member of the Palestinian Authority shall enter into office upon
undertaking to act in accordance with this Agreement.
Article V: Jurisdiction
1. The Authority of the Palestinian Authority encompasses all matters that l
fall within its territorial, functional and personal jurisdiction, as follows:
a. The territorial jurisdiction covers the Gaza Strip and Jericho Area
territory, as defined in Article I, except for settlements and the military
installation area.
Territorial jurisdiction shall include land, subsoil and territorial waters, in
accordance with the provisions of this Agreement.
b. The functional jurisdiction encompasses all powers and responsibilities as
specified in this Agreement. This jurisdiction does not include foreign
relations, internal security and public order of settlements and the Military
Installation Area and Israelis, and external security.
c. The personal jurisdiction extends to all persons within the territorial
jurisdiction referred to above, except for Israelis, unless otherwise provided
in this agreement.
2. The Palestinian Authority has, with its authority, legislative, executive and
judicial powers and responsibilities, as provided for in this Agreement.
3. A. Israel has authority over the settlements, the military installation area,
Israelis, external security and public order of settlements, the military
installation area and Israelis, and those agreed powers and responsibilities
specified in this Agreements.
b. Israel shall exercise its authority through its military government, which,
for that end, shall continue to have the necessary legislative, judicial and
executive powers and responsibilities, in accordance with international law.
This provision shall not derogate from Israel's applicable legislation over
Israelis in persona.
4. The exercise of authority with regard to the electromagnetic sphere and
airspace shall be in accordance with the provisions of this Agreement.
5. The provisions of this Article are subject to the specific legal arrangements
detailed in the Protocol Concerning Legal Matters attached as Annex III. Israel
and the Palestinian Authority may negotiate further legal arrangements.
6. Israel and the Palestinian Authority shall cooperate on matters of legal
assistance in criminal and civil matters through the legal Sy-committee of the
CAC.
Article VI: Powers and Responsibilities of the Palestinian Authority
1. Subject to the provisions of this Agreements, the Palestinian Authority,
within its jurisdiction:
a. has legislative powers as set out in Article VII of this Agreement, as well
as executive powers;
b. will administer justice through an independent judiciary;
c. will have, inter alia, power to formulate policies, supervise their
implementation, employ staff, establish department, authorities and
institutions, sue and be sued and conclude contracts; and
d. will have, inter alia, power to keep and administer registers and records of
the population, and issue certificates, licenses and documents.
2. a. In accordance with the Declaration of Principles, the Palestinian
Authority will not have powers and responsibilities in the sphere of foreign
relations, which sphere includes the establishment abroad of embassies
consulates or other types of foreign missions and posts or permitting their
establishment in the Gaza Strip or the Jericho Area, the appointment of or
admission of diplomatic and consular staff, and the exercise of diplomatic
functions.
b. Notwithstanding the provisions of this paragraph, the PLO may conduct
negotiations and sign agreements with states of international organizations for
the benefit of the Palestinian Authority in the following cases only:
(1) economic agreements, as specifically provided in Annex IV of this Agreement;
(2) agreements with donor countries for the purpose of implementing arrangements
for the provision of assistance to the Palestinian Authority;
(3) agreements for the purpose on implementing the regional development plans
detailed in Annex IV of the Declaration of Principles or in agreements entered
into in the framework of the multilateral negotiations; and
(4) cultural, scientific and educational agreements.
c. Dealings between the Palestinian Authority and representatives of foreign
states and international organizations, as well as the establishment in the Gaza
Strip and the Jericho Area representative offices other than those described in
subparagraph 2.a. above, for the purpose of implementing the agreements referred
to in subparagraph 2.b. above, shall not be considered foreign relations.
Article VII: Legislative Powers of the Palestinian Authority
1. The Palestinian Authority will have the power, within its jurisdiction, to
promulgate legislation, including basic laws, laws, regulations and other
legislative acts.
2. Legislation promulgated by the Palestinian Authority shall be consistent with
the provisions of this Agreement.
3. Legislation promulgated by the Palestinian Authority shall be communicated to
a legislation sub-committee to be established by the CAC (hereinafter the
legislation Sub-Committee). During a period of 30 days from the communication of
the legislation, Israel may request that the Legislation Sub-Committee decide
whether such legislation exceeds the jurisdiction of the Palestinian Authority
or is otherwise inconsistent with the provisions of this Agreement.
4. Upon receipt of the Israeli request, the Legislation Sub-committee shall
decide, as an initial matter on the entry into force of the legislation pending
its decision on the merits of the matter.
5. If the Legislation Sub-committee is unable to reach a decision with regard to
the entry into force the legislation within 15 days, this issue will be referred
to a board of review. This board of review shall be comprised of two judges,
retired judges or senior jurists (hereinafter "Judges"), one from each side, to
be appointed from a complied list of three Judges, proposed by each.
In order to expedite the proceedings before this board of review, the two most
senior Judges, one from each side, shall develop written informal rules of
procedure.
6. Legislation referred to the board of review shall enter into force only if
the board of review decides that it does not deal with a security issue which
falls under Israel's responsibility, that it does not seriously threaten other
significant Israeli interests protected by this Agreement, and that the entry
into force of the legislation could not cause irreparable damage or harm.
7. The Legislation Sub-committee shall attempt to reach a decision on the merits
of the matter within 30 days from the date of the Israeli request. If this
Sub-committee is unable to reach such a decision within this period of 30 days,
the matter shall be referred to the joint Israeli-Palestinian Liaison Committee
referred to in Article XV below (hereinafter "the Liaison Committee").
8. Where the legislation has not entered into force pursuant to paragraphs 5 or
7 above, this situation shall be maintained pending the decision of the liaison
Committee on the merits of the matter, unless it has decided otherwise.
9. Laws and military orders in effect in the Gaza Strip or the Jericho Area
prior to the signing of this Agreement shall remain in force, unless amended or
abrogated in accordance with this Agreement.
Article VIII: Arrangements for Security and Public Order
1. In order to guarantee public order and internal security for the Palestinians
of the Gaza Strip and the Jericho Area, the Palestinian Authority shall
establish strong police forces as set out in Article IX below. Israel shall
continue to carry the responsibility for defense against external threats,
including the responsibility for protecting the Egyptian border and the
Jordanian line, and for defen-se against external threats from the sea and from
the air, as well as the responsibility for overall security of Israelis and
settlements, for the purpose of safeguarding their internal security and public
order, and will have all the powers to take the steps necessary to meet this
responsibility.
2. Agreed security arrangements and coordination mechanisms are specified in
Annex I.
3. A joint Coordination and Cooperation Committee for Mutual Security Purposes
(hereinafter "the JSC"), as well as three joint District Coordination and
Cooperation Offices for the district, the Khan Yunis district, and the Jericho
district respectively (hereinafter "the DCOs") are hereby established as
provided for in Annex I.
4. The security arrangements provided for in this Agreement and in Annex I may
be reviewed the request of either Party and may be amended by mutual agreement
of the Parties. Specific review arrangements are included in Annex I.
Article IX: The Palestinian Directorate of Police Force
1. The Palestinian Authority shall establish a strong police force, the
Palestinian Directorate of Police Force (hereinafter "the Palestinian Police").
The duties, functions, structure, deployment and composition of the Palestinian
Police, together with provisions regarding its equipment and operation, are set
out in Annex I, Article III. Rules of conduct governing the activities of the
Palestinian Police are set out in Annex I, Article VIII.
2. Except for the Palestinian police referred to in this Article and the Israeli
military forces, no other armed forces shall be established operate in the Gaza
Strip or the Jericho Area.
3. Except for the arms, ammunition and equipment of the Palestinian police
described in Annex I, Article III, and those of the Israeli military forces, no
organization or individual in the Gaza Strip and the Jericho Area shall
manufacture, sell, acquire, possess, import or otherwise introduce into the Gaza
Strip or the Jericho Area any firearms, ammunition, weapons, explosives,
gunpowder or any related equipment, unless otherwise provided for in this
Agreement.
Article X: Passages
Arrangements for coordination between Israel and the Palestinian Authority
regarding the Gaza-Egypt and Jericho-Jordan passages, as well as any other
agreed international crossings, are set out in Annex I, Article X.
Article XI: Safe Passage between the Gaza Strip and the Jericho Area
Arrangements for safe passage of persons and transportation between the Gaza
Strip and the Jericho Area set out in Annex I, Article IX.
Article XII: Relation Between Israel and the Palestinian Authority
1. Israel and the Palestinian Authority shall seek to foster mutual
understanding and tolerance and shall accordingly abstain from incitement,
including hostile propaganda against each other and, without derogating from the
principle of freedom of expression, shall take legal measures to prevent such
incitement by any organizations, groups or individuals within their
jurisdiction.
2. Without derogating from other provisions of this Agreement, Israel and the
Palestinian Authority shall cooperate in combating criminal activity which may
affect both sides, including offenses related to trafficking in illegal drugs
and psychotropic substances, smuggling and offenses against property, including
offenses related to vehicles.
Article XIII: Economic Relations
The economic relations between he two sides are set out in the Protocol on
Economic Relations signed in Paris on April 29, 1994 and the Appendices hereto,
certified copies of which are attached as Annex IV, and will be governed by the
relevant provisions of this Agreement and its Annexes.
Article XIV: Human Rights and the Rule of Law
Israel and the Palestinian Authority shall exercise their powers and
responsibilities, pursuant to this Agreement, with due regard to internationally
accepted norms and principles of human rights and the rule of law.
Article XV: The Joint Israeli-Palestinian Liaison Committee
1. The Liaison Committee established pursuant to Article X of the Declaration of
Principles shall ensure the smooth implementation of this Agreement. It shall
deal with issues requiring coordination, other issues of common interest and
disputes.
2. The Liaison Committee shall be composed of an equal number of members from
each Party. It may add other techniques and experts as necessary.
3. The Liaison Committee shall adopt its rules of procedure, including the
frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by agreement
Article XVI: Liaison and Cooperation with Jordan and Egypt
1. Pursuant to Article XII of the Declaration of Principles, the two Parties
shall invite the governments of Jordan and Egypt to participate in establishing
further liaison and cooperation arrangements between the government of Israel
and the Palestinian representatives the one land, and the governments of Jordan
and Egypt on the other hand, to promote cooperation between them. These
arrangements shall include the constitution of a Continuing Committee
2. The Continuing Committee shall decide by agreement on the modalities of
persons displaced from the West Bank and Gaza Strip in 1967, together with
necessary measures to prevent disruption and disorder.
3. The Continuing Committee shall deal with other matters of common concern.
Article XVII: Settlement of Differences and Disputes
Any difference relating to the application of this Agreement shall be referred
to the appropriate coordination and cooperation mechanism established under this
Agreement. The provisions of Article XV of the Declaration of Principles shall
apply to any such difference which is not settled through the appropriate
coordination and liaison mechanism, namely:
1. Disputes arising out of the application or interpretation of this Agreement
or any subsequent agreements pertaining to the interim period shall be settled
by negotiations through the Liaison Committee.
2. Disputes which cannot be settled by negotiations may be settled by a
mechanism of conciliation to be agreed between the Parties.
3. The Parties may agree to submit to arbitration disputes relating to the
interim period, which cannot be settled through conciliation. To this end, upon
the agreement of both Parties, the Parties will establish an Arbitration
Committee.
Article XVIII: Prevention of Acts
Both sides shall take all measures necessary in order to prevent acts of
terrorism, crime and hostilities directed against each other, against
individuals failing under the other's authority and against their property, and
shall take legal measures against offenders. In addition, the Palestinian side
shall take all measures necessary to prevent such hostile acts directed against
the settlement, the infrastructure serving them and the military installation
area, and the Israeli side shall take all measures necessary to prevent such
hostile acts emanating from the settlements and directed against Palestinians.
Article XIX: Missing Persons
The Palestinian Authority shall cooperate with Israel by providing all necessary
assistance in the conduct of searches by Israel within the Gaza Strip and the
Jericho Area for missing Israelis, as well as by providing information about
missing Israelis. Israel shall cooperate with the Palestinian Authority in
searching for, and providing necessary information about, missing Palestinians.
Article XX: Confidence Building Measures
With a view to creating a positive and supportive public atmosphere to accompany
the implementation of this Agreement, and to establish a solid basis of mutual
trust and good faith, both Parties agree to carry out confidence building
measures as detailed herewith:
1. Upon the signing of this Agreement, Israel will release, or turn over to the
Palestinian Authority within a period of 5 weeks, about 5,000 Palestinian
detainees and prisoners, residents of the West Bank and the Gaza Strip. Those
released will be free to return to their homes anywhere in the West Bank or the
Gaza Strip. Prisoners turned over to the Palestinian Authority shall be obliged
to remain in remainder of their sentence.
2. After the signing of this Agreement, the two Parties shall continue to
negotiate the release of additional Palestinian prisoners and detainees,
building on agreed principles.
3. The implementation of the above measures will be subject to the fulfillment
of the procedures determined by Israeli law for the release and transfer of
detainees and prisoners.
4. With the assumption of Palestinian authority, the Palestinian side commits
itself to solving the problem of those Palestinians who were in contact with the
Israeli authorities. Until an agreed solution is found, the Palestinian side
undertakes not to prosecute these Palestinians or to harm them in any way.
5. Palestinians from abroad whose entry into the Gaza Strip and the Jericho Area
is approved pursuant to this Agreement, and to whom the provisions of this
Article are applicable, will not be prosecuted for offenses committed prior to
September 13, 1993.
Article XXI: Temporary International Presence
1. The Parties agree to a temporary international or foreign presence in the
Gaza Strip and the Jericho Area (hereinafter "the TIP"), in accordance with the
provisions of this Article.
2. The TIP shall consist of 400 qualified personnel, including observers,
instructors and other experts, from 5 or 6 of the donor countries.
3. The two Parties shall request the donor countries to establish a special fund
to provide finance for the TIP.
4. The TIP will function for a period of 6 months. The TIP may extend this
period, or change the scope of its operation, with the agreement of the two
Parties.
5. The TIP shall be stationed and operate within the following cities and
villages: Gaza, Khan Yunis, Rafah, Deir El-Balah, Jabaliya, Absan, Beit Hanun
and Jericho.
6. Israel and the Palestinian Authority shall agree on a special Protocol to
implement this Article, with the goal of concluding negotiations with the donor
countries contributing personal within two months.
Article XXII: Rights, Liabilities and Obligations
1. a. The transfer of all powers and responsibilities to the Palestinian
Authority, as detailed in Annex II, includes all related rights, liabilities and
obligations arising with regard to acts or omissions which occurred prior to the
transfer. Israel will cease to bear any financial responsibility regarding such
acts or omissions and the Palestinian Authority will bear all financial
responsibility for these and for its own functioning.
b. Any financial claim in this regard against Israel will be referred to the
Palestinian Authority.
c. Israel shall provide the Palestinian Authority with the information it has
regarding pending and anticipated brought before any court tribunal against
Israel in this regard.
d. Where legal proceedings are brought in respect of such a claim, Israel will
notify the Palestinian Authority and enable it to participate in defending the
claim and raise any arguments on its behalf.
e. In the event that an award is made against Israel by any court or tribunal in
respect of such a claim, the Palestinian Authority shall reimburse Israel the
full amount of the award.
f. Without prejudice to the above, where a court or tribunal hearing such a
claim finds that liability rests solely with an employee or agent who acted
beyond the scope of the powers assigned to him or her, unlawfully or with
willful malfeasance, the Palestinian Authority shall not bear financial
responsibility.
2. The transfer of authority in itself shall not affect rights, liabilities and
obligations of any person or legal entity, in existence at the date signing of
this Agreement.
Article XXIII: Final Clauses
1. This Agreement shall enter into force on the date of its signing.
2. The arrangements establishing by this Agreement shall remain in force until
and to the superseded by the Interim. Agreement referred to in the Declaration
Principles or any other agreement between the Parties.
3. The Five-year interim period referred to in the Declaration of principles
commences on the date of the signing of this Agreement.
4. The Parties that, as long as this Agreement is in force, the security fence
erected by Israel around the Gaza Strip shall remain in place and that the line
demarcated by the fence, as shown on attached map No. 1, shall be authoritative
only for the purpose of this Agreement.
5. Nothing in this Agreement shall prejudice or preempt the outcome of the
negotiations on the Interim Agreement or on permanent status to the conducted
pursuant to the Declaration of principles. Neither Party shall be deemed by
virtue of having entered into this Agreement, to have renounced or waived any to
its existing rights, claims or positions.
6. The two sides view the West Bank and the Gaza Strip as a single territorial
unit, the integrity of which be preserved during the interim period.
7. The Gaza Strip and the Jericho Area shall continue to be integral part of the
West Bank and the Gaza Strip, and their status shall not be changed for the
period of this Agreement. Nothing in this Agreement shall be considered to
change this status.
8. The Preamble to the Agreement, and all Annexes, Appendices and maps hereto,
shall constitute and integral part hereof.
Done in Cairo this forth of May 1994
For the PLO
Yasser Arafat
For the Government of the State of Israel
Yitzhak Rabin
witnessed by:
The United States of America
The Russian Federation
The Arab Republic of Egypt