December 14, 1992
ISRAEL'S REVISED SELF GOVERNMENT PROPOSALS
UPDATED IDEAS ADDRESSING PALESTINIAN CONCERNS
Today, Israel presented the Palestinians with a written, comprehensive
compilation of its ideas concerning the Interim Self Government
Arrangements (ISGA) currently under negotiation.
Since the start of bilateral negotiations one year ago, Israel has been
reviewing, developing and modifying its ideas, in accordance with the
positions and reactions expressed in the negotiating room. Most of the
changes in the proposals are the result of concentrated Israeli efforts
to take Palestinian considerations and sensitivities into account, in
order to advance the negotiations.
These changes can be seen in the following overview of Israel's ISGA
ideas as they stand today.
A. The Goal of the Negotiations:
Israel's position regarding the goal of the negotiations with the
Palestinians is based upon the Madrid invitation which establishes a
two-phased negotiating process, dealing first with interim arrangements
and then with the permanent status. Israel stresses that it is
obligated to the Madrid invitation which states that beginning the
third year of interim arrangements, the permanent status negotiations
will take place, on the basis of Resolutions 242 and 338. Meanwhile,
the concept of the permanent status should remain undefined, and the
ISGA should leave all options open for the future permanent status
negotiations. Israel views the interim arrangements and the permanent
status as being part of the same process, interlreated through a
timeframe interlock.
B. Concept of the ISGA:
Overall, the Israeli concept will enable the Palestinians to administer
their own affairs, through their own elected body, while Israel will
administer the affairs of the Israelis and will have responsibility for
residual powers such as security and foreign relations. Certain
specific domains, which affect both populations or prejudge permanent
status, will be subject to cooperation and coordination between Israel
and the Palestinians.
The main features of the ISGA are as follows:
1. Jurisdiction - Israel suggests a "mixed-model" for Palestinian
jurisdiction, which combines jurisdiction through
executive-functional powers and responsibilities, together with
jurisdiction in infrastructure aspects (such as land and water)
within the territories under Israeli military administration.
2. Structure - The executive powers and responsibilities of the
Palestinians will be discharged by a freely elected, administrative
- functional body, whose size will be determined in accordance with
its functions. The name of this body will be finalized once
agreement is reached on the ISGA concept.
3. Legal System (The Judicial Branch of the ISGA) - The ISGA envisions
an expansion of the authority of Palestinian courts, transferring
to them all non-security related manners concerning the Palestinian
population. In those areas not covered by Palestinians courts,
there will be Israeli courts with jurisdiction over the Israelis,
and Israeli military courts with jurisdiction over both Israelis
and Palestinians solely in security matters.
4. Authorities, Powers and Responsibilities - The Palestinian ISGA
body will have both general powers and specific functional domains,
as follows:
General Powers:
a. Regulations and Bylaws - The power to promulgate regulations and
bylaws, and an agreed consultation mechanism for special
legislative needs.
b. Policy Planning and Decision Making - Policy planning within the
functional domains and the infrastructure aspects, and decisions
relating to the operation of these domains (such as budgets,
services, allocations, supervision, etc.)
Functional Domains:
a. Legal Domain - Independent courts of law (see above) and the
creation of an office for the Administration of Justice.
b. Administrative Domain - The establishment of an office for the
Administration of Personnel Matters, to manage the functions of
the various organs of the elected body and their administrative
matters.
c. Economic Related Domains - Organs dealing with Finance, Budget
and Taxation, Industry and Commerce, Agriculture, and Tourism,
established in an agreed framework which would enable each
side's economy to operate without harming the other.
d. Infrastructure Related Domains - The management of the
infrastructural aspects of the ISGA, through Palestinian organs
dealing with Environment, Local Transportation and Communication
(road maintenance, licensing, etc.), and Municipal Affairs
(zoning, water supply, bylaws, etc.).
e. Services Related Domains - Services provided to the Palestinian
population, in the fields of Education and Culture, Health,
Labor and Employment, Local Police, Religious Affairs, and
Social Welfare.
C. Land:
While permanent arrangements regarding the land will only be decided in
the permanent status negotiations, the following principles will apply
to the management of the land during the ISGA period:
- Land situated in, or allocated to localities populated by
Palestinians will be administered by the Palestinian organs.
- Land situated in, or allocated to localities populated by
Israelis, or under Israeli security uses will be administered by
Israeli organs.
- Other lands will be administrated jointly by Israel and the
Palestinians in accordance with agreed arrangements.
D. Modalities for Establishing the Palestinian Organ:
As soon as agreement is reached on the basic concept of the ISGA, the
modalities regarding the election of the Palestinian body may be
negotiated. Israel envisions a body elected by the Palestinians of the
territories from among the Palestinians of the territories, in free
elections based upon the preservation of rights of free assembly, free
expression, secret ballot, and appropriate measures to prevent
disruption and disorder. Following the elections, the relevant
authorities, powers and responsibilities will be transferred to the
Palestinian body in accordance with the ISGA agreement.
Israel will provide relevant information and public records, as
appropriate, in the context of the negotiations and the functions of
the ISGA body.
E. Peaceful Coexistence - Coordination and Cooperation:
One of the main purposes of the ISGA is to provide a period of peaceful
coexistence and lowered friction between the sides, in order to
establish a strong basis for fruitful negotiations on the permanent
status. To this end, areas of friction and conflict during the ISGA
period should be minimized through an agreed mechanism for cooperation
and coordination between Israel and the Palestinian body. This
cooperation and coordination is not meant to derogate in any way from
the authorities, powers and responsibilities transferred to the
Palestinians. The participation and support of Jordan in the ISGA is an
essential feature, due to the traditional and existing connections
between Jordan and the Palestinians.
In addition, mutually agreed-upon joint monitoring processes, liaison
and dispute resolution mechanisms are also necessary elements in the
implementation of the ISGA agreement. Israel proposes the establishment
of a high liaison coordination committee, in order to fulfill this
essential function. This liaison is by no means intended to hamper the
operation of the Palestinian body or to act as a substitute for it.