Implementation/Non-Implementation Of Palestinian Obligations under the Wye Memorandum
February 1, 1999
1. Obligations implemented by the Palestinian side
a. The PLO Charter
On 14 December 1998, the PNC adopted a resolution amending the PLO Charter.
b. Illegal weapons
The Palestinian side issued a decree against illegal weapons. There appears to have been some degree of confiscation of illegal weapons.
c. Incitement
The Palestinian side has published a decree against incitement.
2. Obligations which have not been satisfactorily implemented
a. Security obligations:
- The Palestinian side has not yet taken the necessary steps to outlaw terrorist organizations.
- Palestinian security cooperation with Israel is at best partial.
- The Palestinian side has not provided the detailed programs for implementing the work plan for fighting terrorism which it undertook to submit every two weeks.
- The 'revolving door' policy of symbolic short term arrests of security offenders continues. The release of terrorist suspects is effected without the required coordination with the United States.
- No verification has been received that the 30 wanted terrorists that the Palestinian side undertook to detain are actually in genuine custody. Israel's understanding is that less than half are in fact in detention.
b. Illegal weapons
- Israel has received no confirmation that illegal weapons have in fact been confiscated and destroyed. The information received by Israel indicates that only a small number of token confiscations have been effected.
- Thousands of illegal weapons continue to be held in the areas under Palestinian jurisdiction, in the hands of civilians, terrorist organizations and even in the hands of the Palestinian armed forces.
- The Palestinian side refuses to implement the provision of the Interim Agreement requiring it to agree the criteria for granting weapons licenses within the Joint Security Committee. In the meantime, the Palestinian side continues to issue weapons licenses, in disregard of its obligation under the Interim Agreement and the Wye Memorandum.
- The law passed by the Palestinian side dealing with illegal weapons violates the Interim Agreement in a number of respects. In particular, it permits the import, export and manufacture, and allows the possession, of weapons absolutely prohibited by the Interim Agreement.
c. Palestinian police
- The Palestinian side has still not transferred to Israel the list of Palestinian policemen.
- The number of Palestinian policemen continues to be considerably larger than the maximum number permitted by the Interim Agreement (30,000).
d. Incitement
Despite continued incitement there has not yet been one case in which the Anti-incitement decree has been enforced.
e. Unilateral actions
Notwithstanding clear undertakings in Chairman Arafat's letter to Prime Minister Rabin, dated September 9, 1993, the Interim Agreement, the note for the Record and the Wye Memorandum, to resolve all issues related to the final status through negotiations, the Palestinian side has repeatedly stated its intention to unilaterally declare an independent state with Jerusalem as its capital. The United States has stated that it is not only opposed to such a declaration, but that even were it to be made after the end of the interim period it would be "courting disaster".
f. Interim committees
Despite repeated Israeli calls, the Palestinian side continues to refuse to convene the Legal committee, which is intended to deal with such issues as legal assistance, transfer of suspects, debt collection and so on, as well as the Standing Cooperation Committee ("People to People").
g. Economic issues:
Despite Palestinian undertakings to repay outstanding debts and to deal with the problem of mass car thefts from Israel, no practical steps have been taken by the Palestinian side. Recent attempts by Israel to reconvene the Ad hoc Economic Committee established in the Wye Memorandum have met with no response.
h. Palestinian legislation.
Palestinian legislation is inconsistent with the provisions of the Interim Agreement in many fields. As noted above, the Palestinian side refuses to convene the Joint Legal Committee, one of the functions of which is to deal with such discrepancies.
i. Release of Prisoners
The Palestinian side has raised new demands, insisting on the release of terrorists with blood on their hands, which have no basis in any of the agreements between the two sides. Rather than condemn or seek to calm the violent demonstrations that have been fomented over this issue, Palestinian leaders have condoned and even encouraged such violence.