Jerusalem, 17 November 1998
A Unilateral Declaration of Palestinian Statehood Would Scuttle the Oslo
Accords and the Wye River Memorandum; Arafat threatens to declare a state
in May 1999
(Communicated by the Israel Government Press Office)
==== The Agreement ====
Under the Oslo Accords and the Wye River Memorandum, the Palestinian
Authority (PA) is obligated to negotiate with Israel the permanent status
of Judea, Samaria and Gaza.
The September 28, 1995 Interim Agreement ("Oslo 2") states, "Neither side
shall initiate or take any step that will change the status of the West
Bank and the Gaza Strip pending the outcome of the permanent status
negotiations" (Article XXXI(7)). This article prohibits unilateral
measures which would alter the legal status of the areas (such as
annexation or declaration of statehood).
The accord also states that the issues to be covered in the final status
talks are to include: "Jerusalem, refugees, settlements, security
arrangements, borders, relations and cooperation with other neighbors, and
other issues of common interest" (Article XXXI(6)). Thus, the PA is
obligated to negotiate these issues with Israel.
The October 23, 1998 Wye River Memorandum states, "Recognizing the
necessity to create a positive environment for the negotiations, neither
side shall initiate or take any step that will change the status of the
West Bank and the Gaza Strip in accordance with the Interim Agreement."
(Article V)
In an October 29, 1998 letter to Israel's Cabinet Secretary, U.S.
Ambassador to Israel Edward S. Walker, Jr. cited an October 27 public
statement by the U.S. State Department which said, "those who believe that
they can declare unilateral positions or take unilateral acts, when the
interim period ends, are courting disaster."
==== The Violation ====
PA Chairman Arafat and other senior Palestinian leaders have repeatedly
stated their intention to unilaterally declare the establishment of a
Palestinian state in May 1999. This would render the Oslo Accords and the
Wye River Memorandum null and void.
Addressing a rally in Nablus on November 14, 1998, Arafat said, "We will
declare our independent state on May 4, 1999 with Jerusalem as its
capital, yes Jerusalem, the eternal capital of our state, whether they
like it or not. Now we are on our land and we are regaining this holy land
inch by inch until we set up our state in 1999."
Prime Minister Benjamin Netanyahu has said that if Chairman Arafat
unilaterally declares the establishment of a Palestinian state without
negotiating the matter with Israel, it would scuttle the agreements.
Israel will then feel free to protect its national interests by taking
unilateral measures of its own, including the extension of Israeli law
over areas in Judea, Samaria and Gaza under its control.