Background
As part of the current peace process, Israel and the PLO signed, on
September 28, 1995, the Interim Agreement on the West Bank and the
Gaza Strip. This Agreement sets out the arrangements to apply in the
West Bank and the Gaza Strip throughout the interim period, pending
implementation of the permanent status arrangements. With regard to
Hebron, Article VII of the Security Annex to the Agreement sets out
guidelines for a redeployment of Israeli forces in the city of Hebron
and a transfer of civil powers and responsibilities in the city to
the Palestinian Council.
For the purpose of the redeployment, Hebron is divided into two
areas: Area H-1, in which the majority of the Palestinian population
resides, and in which the Palestinian police will be responsible for
internal security and public order, and Area H-2, a smaller area
comprising all the Israeli residents of Hebron together with some
20,000 Palestinians, in which all responsibilities for security and
public order will remain with Israel. Civil powers and
responsibilites in both areas will be transferred to the Palestinian
side.
The Interim Agreement provided that the redeployment should be
completed within six months of the signing of the agreement. However,
a series of terrorist attacks delayed the implementation of the
redeployment while a tense security situation highlighted the
difficulties that could arise in this unique case where Palestinians
and Israelis live in close proximity. Following the May 1996 elections
in Israel and the establishment of the new government, the two sides
entered into negotiations for the implementaton of the Hebron
provisions of the Interim Agreement, while providing security and
reducing friction.
On January 15, 1997 a Protocol concerning the Redeployment in Hebron was
initialed, setting out agreed arrangements for the implementation of the
redeployment provisions of the Interim Agreement. The Protocol was signed on January 17, 1997.
The main provisions of the Protocol are as follows:
Security Aspects
Redeployment: The redeployment of Israeli military forces is to be
carried out within 10 days from the signing of the Protocol.
Security powers and responsibilities: The responsibility for internal
security and public order in Area H-1 will be Palestinian; in Area
H-2 it will be Israeli. In addition, Israel will continue to be
responsible for the overall security of Israelis throughout Hebron.
The Protocol confirms the applicability to Hebron of the security
provisions of the Interim Agreement, which provide that Israel has
all the powers to take the steps necessary to meet its security
responsibility and enable Israeli security forces to conduct
security activity in areas of Palestinian responsibility (engagement
steps) in defined cases.
Joint security measures: The Protocol provides for Joint Mobile Units
and Joint Patrols to operate in areas of particular sensitivity. In
addition, a Joint Coordination Center, headed by senior officers of
both sides, will coordinate all joint security measures.
Special areas: In areas of particular sensitivity located in Area H-1
but close to Area H-2 the Palestinian police will set up checkpoints
and prevent the entry of demonstrators or other people threatening
security and public order. Any security activity in this area must be
notified to the Joint Coordination Center.
Palestinian police: Palestinian police stations and posts shall be
located in Area H-1 at the agreed locations shown on the map attached
to the Protocol. All policemen will be required to pass a security
check in order to verify their suitability for service taking into
account the sensitivity of the area. As provided in the Interim
Agreement, the Palestinian police will comprise up to 400 policemen
with 20 vehicles. The Police will be armed with 200 pistols and 100 rifles. The
rifles are for the protection of the police stations only, and may
only be used by designated rapid response teams, to handle special
security cases. Such teams armed with rifles may only enter the
specified areas close to H-2 with the prior approval of the Israeli
side in the Joint Coordination Center.
Holy sites: With regard to the four Jewish holy sites in Area H-1,
these sites will be protected and freedom of access ensured. The ways
of worship at the sites will be respected and no changes made to
them. Visits to these sites will be accompanied by a Joint Mobile
Unit.
Civil Arrangements
Transfer of civil powers and responsibilities: Civil spheres that
have not yet been transferred to Palestinian side in Hebron shall be
transferred concurrently with the beginning of the redeployment. In
Area H-2, powers and responsibilities relating to Israelis and their
property will not be transferred but will continue to be exercised by
the Israeli military government.
Planning, building and zoning: In order to avoid friction that may
result from building activity, the Protocol lists a series of
situations in which the Palestinian side will ensure that proposed
construction must be coordinated between the two sides in the
District Civil Liaison Office.
Infrastructure and transportation: The Protocol contains provisions
to ensure that Israelis in Hebron will continue to be effectively
served by the city's infrastructure and transportation network. In
particular, Israel will be notified 48 hours in advance of any
activity which may affect traffic in or infrastructure serving
Area H-2. Traffic arrangements in Area H-1 will remain unchanged
unless agreed otherwise between the two sides.
Municipal Inspectors: As provided in the Interim Agreement, the
enforcement of laws and regulations vis-a-vis Palestinians in Area
H-2 will be effected by plainclothes unarmed municipal inspectors.
There will not be more than 50 of these and they will carry official
ID cards. The Israel police may be requested to assist in the
enforcement activities.
Municipal Services: The Palestinian side shall continue to provide
municipal services to all residents of Hebron, without
discrimination.
Normalization and Prevention of Friction
Finally, the Protocol contains a number of provisions designed to
reduce friction between the two sides and lead to the normalization
of life in Hebron. Among these are commitments by both sides to
take all steps necessary for the opening of the Hasbahe market as a
retail market, to cooperate with regard to the location of Palestinian
Council offices in Area H-2 where the establishment of these offices
might create friction and affect public order or security, and to reopen the Shuhada road to vehicles within 4
months. With
regard to the reopening of the Shuhada road, an Agreed Minute attached to the Protocol provides that this process will begin immediately, and will be completed within 4 months, if preparations for the reopening in accordance with an American plan for renovating and upgrading the area of the road have been completed by that date.
NOTE FOR THE RECORD
Agreement between the sides on Non-Hebron Issues
Main Points
At their meeting on January 15, 1997, at which the Hebron Protocol was
initialed, Prime Minister Netanyahu and Chairman Arafat requested Dennis
Ross, the US Special Middle East Coordinator, to prepare a Note for the
Record dealing with non-Hebron issues. The Note confirms the following
agreements between the parties:
Mutual Undertakings:
The two sides agreed on the need for the peace process to move forward and
reaffirmed their commitment to implement the Interim Agreement on the
basis of reciprocity.
Israeli Undertakings:
The Note sets out the following Israeli undertakings:
The first phase of further redeployment will be carried out in the first
week of March - This represents an agreement by the two sides to amend the
timetable contained in Article XI of the Interim Agreement, whereby the
first of the three stages of further redeployments was to take place six
months after the inauguration of the council, i.e. by September 7,
1996. The Governemnt of Israel decided upon the first
phase of the further redeployment on March 7, 1997, agreeing to
transfer 7% of the territory in Area B to Area A and 2% of the
territory in Area C to Area B.
Prisoner release issues to be dealt with in accordance with the Interim
Agreement - The Agreement provides, in Annex VII, that, in addition to the
two stages of prisoner release already implemented, there will be a third
stage in which prisoners from among specified categories will be released
during the permanent status negotiations.
Negotiations will be conducted on outstanding Interim Agreement issues -
The Note specifies six areas in which negotiations are to be conducted in
parallel: Safe passage arrangements between the West Bank and the Gaza
Strip; Gaza Airport; Gaza Port; Passages; Economic, financial, civilian
and security issues; and the People-to-People program designed to enhance
dialogue and relations between the two sides.
Permanent Status negotiations will be resumed within two months after the
implementation of the Hebron Protocol - These negotiations are to deal
with final status issues, and the results of the negotiations are to be
implemented at the end of the five-year interim period.
Palestinian Undertakings:
The Note sets out the following Palestinian undertakings:
The process of revising the Palestinian National Charter will be completed
- A resolution passed by the Palestinian National Council in April 1996
represented the first stage in complying with the Palestinian undertaking
to cancel provisions of the covenant which deny Israel's right to exist or
are otherwise inconsistent with the peace process. The Palestinian side is
committed to completing the process of amending the Charter.
Fighting terror and preventing violence - The Note sets out specific
undertakings in six areas: strengthening security cooperation; preventing
incitement and hostile propaganda; combating systematically and
effectively terrorist organizations and infrastructure; apprehension,
prosecution and punishment of terrorists; compliance with requests for the
transfer of suspects and defendants to Israel where Israel has
jurisdiction; and confiscation of illegal firearms.
The size of the Palestinian police will be in accordance with the Interim
Agreement - Article IV of the Interim Agreement provides that the total
number of Palestinian police at this stage shall not exceed 6,000 in the
West Bank and 18,000 in the Gaza Strip. In the course of the further
redeployments the number of police in the West Bank may increase to
12,000. The names of all policemen must be notified to Israel which shall
have the right to object to the recruitment of any particular
policeman.
Palestinian governmental activity and offices will be as specified in the
Interim Agreement - Article I of the Interim Agreement provides that the
offices of the Palestinian council, its Ra'ees and its various committees
shall be located in areas under Palestinian territorial jurisdiction.
Article XVII provides that the jurisdiction of the Council in the West
Bank covers Areas A and B. It follows that Palestinian Council offices and
governmental activity may only be located in these areas and not in
Area C, Jerusalem or elsewhere.
* Prepared by the Legal Division of the Israel Ministry of Foreign Affairs.