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MFA     Foreign Relations     Historical documents     1998-1999     6 Government statement on Palestinian Obligations

6 Government statement on Palestinian Obligations As Per the Note for the Record of the Hebron Protocol of 15 January 1997- 13 January 1998

13 Jan 1998
 VOLUME 17: 1998-1999
 
  6. Government statement on "Palestinian Obligations As Per the Note for the Record of the Hebron Protocol of 15 January 1997", 13 January 1998.

The Cabinet adopted a series of measures required of the Palestinian Authority in order to enable Israel to carry out further redeployment. The requirements were based on the Hebron Protocol of January 1997 and included such commitments as amending the PLO Covenant, halting hostile propaganda, extradition of terror suspects and environmental issues. Text:

This document details the Palestinian obligations arising from the Note for the Record attached to the 15 January 1997 Hebron Protocol. In accordance with the principle of reciprocity incorporated in the Note for the Record, the implementation of the Palestinians' obligations is a condition for the implementation of the further deployments.

The Palestinian commitments include the following four primary items:

1. Complete the process of revising the Palestinian National Charter

2. Fighting terror and preventing violence

3. Size of Palestinian Police will be pursuant to the Interim Agreement

4. Exercise of Palestinian governmental activity, and location of Palestinian governmental offices will be as specified in the Interim Agreement

1. Complete the Process of Revising the Palestinian National Charter

Commitments Arising from the Obligation:

Following are the requisite steps for implementation (in stages):

Stage One

Issuance of a statement by the legal committee specifying the articles of the Covenant which were amended or annulled in accordance with the April 1996 Palestinian National Council (PNC) decision, i.e., the articles in the Covenant which are inconsistent with the Palestinian obligations in the framework of the peace process.

Stage Two

Reconvening of the PNC to pass a new resolution, which affirms the statement issued by the legal committee concerning which specific articles in the Covenant, were amended or annulled.

At the same time, the Palestinian Authority must refrain from replacing the articles with other articles which contradict the agreements and/or the peace process, for such a step would be considered a failure to fulfill their obligation to amend the requisite articles in the Covenant.


2. Fighting Terror and Preventing Violence

The Palestinian Authority must immediately and without delay begin to implement the security demands listed below, though it is clear that most of them will require continuous and ongoing measures.

An oversight mechanism that is effective, ongoing and pervasive must be established in order to monitor the Palestinian Authority's fulfillment of the security commitments detailed below. The mechanism must include on-site checks in the field regarding implementation of the articles in the accords, and periodic and regular monitoring meetings and reports. It will be necessary for the parties concerned to agree on how the mechanism is to be structured and what the nature of its activities will be.

Preventing Incitement and Hostile Propaganda, As Specified in Article XXII of the Interim Agreement:

  • Palestinian Authority officials must refrain from engaging in and encouraging incitement against Israel. The PA must take immediate steps to promote tolerance and mutual understanding by means of the public statements and actions of its leaders. Incitement against Israel, be it at international forums or in areas under Palestinian control, must cease.

  • The PA must prevent the holding of rallies and gatherings at educational and other institutions and on college campuses at which incendiary anti-Israel incitement takes place such as the burning of mock Israeli buses and flags, the reenactment of terror attacks and marches by masked men.

  • The PA must prevent incitement against Israeli goods and products.

    Following are a number of key issues regarding Palestinian incitement against Israel which the PA must take immediate steps to cease:

  • PA employees, mosque preachers and others who incite against Israel must be dismissed from their posts, prosecuted and punished. A list of preachers will be given to the PA, and their employment by the PA must be terminated.

  • The PA must end the repeated use of terminology in the Palestinian media under its direct and indirect control, which runs counter to the agreements. For example, a new lexicon was recently adopted by the Palestinian media according to which the Israel Defense Forces are referred to as "the occupation forces," the Israeli Defense Minister is referred to as "the Minister of War," settlements are labeled as "colonies", and references are made to Israeli "imperialism."

  • In violation of the accords, PA officials promote anti-Semitism as an integral part of their rhetoric and encourage its use in the Palestinian media. Six recurrent themes are discernable:

    1) classic anti-Semitic stereotypes;
    2) comparisons of Israel with Nazis and fascists;
    3) denial of the Holocaust;
    4) libelous accusations;
    5) Israel and the Jewish people;
    6) equating Zionism with racism.

    Repeated reference is made to the Protocols of the Elders of Zion, and Palestinian Authority newspapers publish stories about Jewish "plots" and Jewish "fangs". Jews are often depicted as power-hungry and lusting after money with occasional references to Shakespeare's Shylock and the Merchant of Venice as examples of Jewish greed. The PA must stop its use of anti-Semitic incitement.

  • The PA must take immediate measures to end incitement to violence against Israel in the Palestinian media, including on Palestinian radio and television.

  • The PA must ensure that the weekly Friday prayer sermons broadcast on the official Palestinian media are free of the incendiary and belligerent statements they regularly contain. Israel will submit to the PA a list of preachers who engage in such incitement.

  • The PA must prosecute and punish perpetrators of incitement.

  • The PA must formulate and effect a comprehensive public education campaign regarding normalization with Israel and the rejection of violence and terror. This would include reassessing educational programs, curriculums and textbooks to rid them of bigotry and hatred.

  • A monitoring mechanism should be established consisting of a trilateral committee composed of American, Israeli and Palestinian representatives to monitor the PA's compliance in this area on an ongoing basis and to ensure that the PA takes punitive measures against all those who engage in incitement.

    Requests for Transfer of Suspects and Defendants Will Be Acted upon in Accordance with Article 11 (7f) of Annex IV to the Interim Agreement:

  • In accordance with Article II (7f) of Annex IV to the Interim Agreement, the Palestinian Authority must transfer to Israel terror suspects located in Palestinian-controlled areas. Thus far, Israel has submitted 34 requests to the PA for the transfer of terror suspects. The Palestinian Authority must comply with all 34 formal requests which were submitted to it by the Israeli Justice Ministry.

  • According to Article I (2) of Annex IV to the Interim Agreement, Israel has sole jurisdiction over cases involving terror attacks against Israelis, and Israel is the sole authority that may try and convict suspects in such cases. If the PA tries such a suspect, then the trial and sentence are null and void.

    Confiscation of Illegal Firearms:

  • The Palestinian Authority must enact legislation, which shall be given to Israel for review as required under the Interim Agreement, that will define any weapons forbidden under the accords as being illegal.

  • The PA must systematically confiscate all illegal weapons. The PA must punish those possessing illegal weapons. The PA must act to prevent the smuggling of weapons into Palestinian-controlled areas by all elements, including by senior Palestinian officials and VIPs. PA officials involved in such activities must be removed from their posts.

  • Weapons and/or explosives in PA possession or in Palestinian-controlled areas which violate the terms of the Interim Agreement regarding types and quantities of weapons must be transferred to Israel.


    3. Size of Palestinian Police Will Be Pursuant to the Interim Agreement

    Commitments Arising from the Obligation:

  • The Palestinian Authority must reduce the size of its police force. Under the Interim Agreement, the PA is currently permitted to deploy 24,000 policemen in the areas under Palestinian jurisdiction. Nevertheless, the PA has deployed approximately 36,000 policemen, exceeding the agreed limit by 12,000, or 50%. This was done without Israeli consent and in violation of the accords.

  • Under the Interim Agreement, the PA is obligated to submit to Israel a complete list of all police recruits for review and approval. Thus far, the PA has submitted only 18,500 names. Thus, nearly half of the Palestinian policemen currently serving in the field have not received the required Israeli approval.

  • The Palestinian Authority must prohibit those serving in its security forces from taking part in demonstrations, marches or other violent activities directed against Israel. The PA must enforce this prohibition and dismiss from the ranks of its security forces those who violate it.


    4. Exercise of Palestinian Governmental Activity, and Location of Palestinian Governmental Offices, Will Be as Specified in the Interim Agreement

    Commitments Arising from the Obligation:

    A. Jerusalem

    The Palestinian Authority must cease all its activities and those of its officials in Jerusalem, as detailed below:

    Temple Mount

    1. Minister of Religious Affairs Hassan Tahboub's office is located at the Shalshelet Gate entrance to the Temple Mount in Jerusalem. Tahboub operates openly and publicly as a representative of the Palestinian Authority. Occasionally, he attempts to conceal the nature of his activity by operating under the guise of his position as head of the Higher Islamic Council.

    2. "Mufti of Jerusalem and the Holy Land" Sheikh Ikrama Sabri, appointed by Arafat nearly three years ago, assumed his post by ousting the Jordanian appointee. He is based on the Temple Mount in Jerusalem, and his weekly prayer sermons regularly contain vitriolic incitement against Israel and the United States.

    The Orient House

    The PA must close the "Ministry of Jerusalem Affairs" headed by Faisal Husseini, which operates out of the Orient House under the cover of the "Arab Affairs Society". Husseini participates in Cabinet meetings of the Palestinian Authority with full ministerial status.

    Other Prohibited Activity in Jerusalem which the PA must cease

    1. The Palestinian security forces operate in Jerusalem, engaging in threats, intimidation and interrogation of city residents. Forces stationed outside the city also conduct operations in Jerusalem.

    2. The Palestinian Authority has unilaterally conducted matriculation exams and imposed its curriculum on Arab schools in Jerusalem.

    3. Illegal activities such as the PA's attempt to conduct a population census in eastern Jerusalem.

    4. The takeover of institutions in Jerusalem such as Al-Mokassad Hospital.

    5. The Palestinian Authority must commit in writing to refrain from all activity in the field of tourism in Jerusalem. The Higher Council for the Arab Tourist Industry operates in Jerusalem under the direction of the PLO and serves as an official tourist body for the Palestinian Authority. Palestinian tourist officials from eastern Jerusalem take part in international fairs, where they man Palestinian booths, and market their tourist activities under the heading "Jerusalem, Palestine"-.

    B. Areas B and C

    Land Issues

    The Palestinians have attempted to exercise powers in Area C in Judea and Samaria to which they are not entitled under the accords. The primary violations are as follows:

    1. The PA has declared the expansion of planning zones and building boundaries of Arab villages into Area C via the issuance of orders by the PA Ministry of Local Government. For example, the PA has declared the expansion of the boundaries of al-Birch, Bitunia, Turmous-Aih, and Beit Anan in the Ramallah district.

    2. The PA has undertaken the building of roadwork and agricultural infrastructure without prior Israeli approval as required by the accords.

    3. The PA has issued construction permits in Area C even though they do not have the authority to do so.

    4. The PA has undertaken and encouraged illegal building within zoning areas forbidden for security reasons, such as building in close proximity to roads.

    5. The PA is active at archeological sites in violation of the accords.

    6. The PA has organized and financed a campaign to plant trees in Area C.

    The Palestinian Authority must annul all the permits issued regarding the above-mentioned activities and must refrain from issuing such permits in the future.

    Environment

    1. The PA must cease causing the uncontrolled flow of sewage in Judea, Samaria and Gaza, which has resulted in the pollution of ground water and other environmental damage.

    2. The PA must cease the illicit discarding of waste and garbage by PA-controlled institutions and municipalities and must clean up sites where such waste has been dumped.

    3. The PA must end its indiscriminate use of Israeli waste removal sites in Area C.

    A more detailed accounting of environmental problems and areas where the PA has caused environmental damage is contained in Annex V to this document.

    Communications

    1. The PA must cease conducting television broadcasts from various locations in Judea, Samaria and Gaza in violation of the accords.

    2. The PA must halt the illegal use of broadcast frequencies in violation of the agreement, and must cease causing disturbances to transmissions in Israel.

    Operation of Offices in Violation of the Accords

    The PA must terminate the operation of PA Planning and International Cooperation Minister Dr. Nabil Shaath's office in Dahiyat al-Barid in the Ramallah district in violation of the accords.

    C. Foreign Relations

    The PA must commit itself in writing to refrain from activities in the realm of foreign relations in accordance with Article IX of the Interim Agreement. The PA must cease its activities in international forums which contravenes the agreement and is designed to pressure Israel by circumventing bilateral negotiating channels.

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