The Wye River Memorandum, signed in Washington on October 23, 1998, sets
out a series of specific obligations of the Israeli and Palestinian sides
to be implemented in a phased approach in accordance with a detailed Time
Line. The third phase of this Time Line (weeks 2 - 6 after entry into
force) was due to have been completed on 18 December 1998, but, as
outlined below, most of the obligations of this phase are still awaiting
implementation.
Despite recent internal political developments in Israel, the Government
of Israel has reiterated its commitment to the Wye Memorandum in all its
aspects, together with all the other Israel-Palestinian agreements. Israel
will continue to negotiate all outstanding issues and implement its
obligations on the basis of reciprocity.
Security Obligations
Significant Palestinian security obligations are still outstanding from
the earlier phases of the Wye Time Line. In particular, the Palestinian
side has not taken the necessary measures to "outlaw all organizations (or
wings of organizations, as appropriate) of a military, terrorist or
violent character and their support structure". Other areas of serious
concern in the field of security are the failure of the Palestinian side
to comply with its security work plan and to engage in "full bilateral
security cooperation" as required by the Memorandum, and the continuation
of the "revolving door" policy whereby security offenders are subjected to
token arrests and almost immediately released.
Illegal Weapons
Under the Wye Memorandum, the Palestinian side undertook to establish a
legal framework for the collection of illegal weapons, and also to take
significant steps to collect and dispose of illegal weapons during the
current phase. The collection of these weapons is to be completed by 12th
week of the Time Line. Notwithstanding these commitments, and despite the
decree issued by the Palestinian side, there are literally thousands of
illegal weapons freely held in the areas under Palestinian jurisdiction,
not only in the hands of civilians but also in the hands of the
Palestinian Police. These weapons considerably exceed the numbers
permitted by the Interim Agreement and many of them, including mortars,
mines and grenade launchers, are totally prohibited by the Agreement.
During the current period, when the international community is witness to
the importance of supervision of weaponry and ammunition, these breaches
must be treated with particularly gravity.
At the Wye talks it was also agreed that the modalities for granting
weapons licenses, and the categories of persons to be granted such
licenses, would be agreed between the two sides in the Joint Security
Committee, as required by the Security Annex of the Interim Agreement.
This commitment was restated in a letter from Saeb Erakat to the Israeli
Cabinet Secretary, dated November 18, 1998. However, despite Israeli
requests to raise this issue in the Joint Security Committee, the
Palestinian side has refused to discuss it.
Under the Wye Memorandum it was agreed that a trilateral committee would
be established to deal with the unauthorized introduction of weapons and
explosive materials into the Palestinian areas. According to the Time
Line, this committee should not only have met, but also have submitted its
first report. However, although Israel has appointed its representatives
to this committee and requested that it convene, it has still not met.
Palestinian Police
Under the Wye Time Line, the Palestinian side is obliged to fulfil its
outstanding commitment under the Interim Agreement and transfer a list of
Palestinian policemen to the Israeli side for its approval. In doing so,
it should ensure that the number of policemen does not exceed 30,000, as
prescribed by the Interim Agreement. The size of the Palestinian police is
currently considerably in excess of this number. Notwithstanding repeated
statements by the Palestinian side that the list will "shortly be
transferred to Israel", it has still not been received by the Israeli
side. It should be recalled that the Wye Time Line requires not only that
the list be transferred but also that the Monitoring and Steering
Committee commence its review of this list before the conclusion of the
current phase.
Preventing Incitement
In the Wye Memorandum, the Palestinian side undertook to issue a decree
prohibiting "all forms of incitement to violence and terror" and to
establish a mechanism which would "act systematically against all
expressions or threats of violence or terror". A decree was published by
the Palestinian side on 19 November 1998, and although it makes no
reference to terrorism as required by the Memorandum, and contains a
number of legal inconsistencies, it was welcomed as a positive step by the
Israeli side. However, despite the continuing incitement to violence and
official statements that encourage or condone such acts, Israel has yet to
see any implementation whatsoever of the anti-incitement decree published
by the Palestinian side.
PLO Charter
Israel was pleased to note that at a meeting in Gaza on 14 December 1998,
the PNC adopted a resolution amending the PLO charter, as required by its
outstanding obligations from: the exchange of letters between Chairman
Arafat and Prime Minister Rabin dated September 1993, the exchange of
letters attached to the Gaza-Jericho Agreement of May 1994, the Interim
Agreement of September 1995 and the Note for the Record attached to the
Hebron Protocol of January 1997.
Unilateral Actions
The Wye Memorandum restates the prohibition established in the previous
Israeli-Palestinian agreements against initiating or taking any step which
will change the status of Judea and Samaria (the West Bank) and the Gaza
Strip. However, notwithstanding the obligation to resolve this issue
through negotiations, the Palestinian side has repeatedly stated its
intention to unilaterally declare an independent state with Jerusalem as
its capital in May 1999. Such statements are inconsistent with the
provisions of the Wye Memorandum, with the Interim Agreement, and with the
undertaking in Chairman Arafat's letter of September 9, 1993, that "all
outstanding issues relating to permanent status will be resolved through
negotiations".
Further Redeployment (FRD)
The Wye Memorandum provides for three stages of further redeployment in
the course of the Time Line. Each of these is listed at the end of the
relevant phase and is contingent upon the implementation of the prior
Palestinian commitments within that phase. Upon completion of these
commitments Israel is obliged to implement the FRD obligation. Thus, at
the conclusion of the second phase, ending week 2 of the Time Line, Israel
implemented the first stage of the FRD, transferring 2% of Area C to the
status of Area B and 7.1 % of Area B to Area A.
By the conclusion of the phase ending week 6, Israel was to have
implemented the second FRD stage. However, as noted above, significant
Palestinian obligations required to be implemented prior to this stage are
still outstanding. Israel awaits implementation of these commitments so
that it can implement its FRD undertaking on the basis of reciprocity.
While the Wye Memorandum recognizes that the third FRD is to be the
subject of a unilateral Israeli decision, it provides for the
establishment of an Israeli-Palestinian committee to discuss matters
relating to this issue. Israel has notified the Palestinian side of its
representatives to this committee, but the committee has not yet been
convened.
Release of Prisoners
The release of prisoners by Israel was not specifically included in the
Wye Memorandum, but it was agreed that 750 prisoners would be released in
three phases. Israel has released prisoners in full compliance with both
the Wye understanding and the Interim Agreement, and with Israel's clear
statement at the Wye talks that it would not release prisoners that were
members of the Hamas or Islamic Jihad organizations or who have blood on
the hands. Although the provisions of the Interim Agreement and the Wye
understanding on this issue are perfectly clear, 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. Moreover, 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.
Interim Committees and Economic Issues
The Wye Memorandum provided that the parties would reactivate all standing
committees established by the Interim Agreement, and specified in
particular the Monitoring and Steering Committee, the Joint Economic
Committee, the Civil Affairs Committee, the Legal Committee and the
Standing Cooperation Committee. All of these have met on a regular basis
since the entry of the Memorandum into force, except for the Legal
Committee and the Standing Cooperation Committee, both of which, despite
repeated Israeli calls, the Palestinian side has refused to convene.
The current status of the various interim committees is as follows:
Gaza Airport Committee
The Committee has completed its work. The protocol on Gaza Airport was
signed on 20 November 1998, and the airport was officially opened on 24
November 1998. Technical issues relating to the airport continue to be
dealt with on a professional basis between the two sides. Israel has
expressed particular concern over a recent incident in which Palestinian
officials refused to undergo security inspections as agreed in the Airport
Protocol, and has stated that should such an incident recur, it will not
be able to continue to permit the airport to function.
Gaza Industrial Estate
Following the conclusion of the negotiations between the two sides, the
Karni commercial crossing point was opened on 14 December 1998. Israel now
awaits Palestinian confirmation that the industrial estate is ready to
commence operation.
Gaza Port
The negotiations on this issue continue with seven rounds of negotiations
having taken place since the signing of the Wye Memorandum. The key issues
requiring resolution relate to security responsibilities concerning
incoming vessels and in the port area. A number of constructive new
proposals are under discussion.
Safe Passage
The two sides have continued to negotiate this issue and have had five
rounds of negotiations since Wye. The Wye Memorandum provided that the two
sides would make best efforts to conclude the safe passage agreement in
relation to the southern route within a week of the entry into force of
the Memorandum and start operation of this route as soon as possible
thereafter. But although the protocol on safe passage is virtually
complete, the Palestinian side has gone back on a number of practical
arrangements that were agreed in the Wye talks and, in direct
contravention of the Wye Memorandum, insists on dealing with issues
relating to the northern route prior to the opening of the southern
route.
Standing Cooperation Committee ("People to People")
Hundreds of practical projects designed to break down barriers between the
two sides are actually happening in the field but, despite repeated
Israeli requests, the Palestinian side has not agreed to convene this
committee.
Joint Economic Committee
As provided by the Wye Memorandum, the JEC has established an ad hoc
committee. It has held five rounds of talks to date, dealing with four key
issues as follows:
Car thefts from Israel to the areas under Palestinian jurisdiction - a
joint task force of the Israeli and Palestinian police has been
established to deal with this problem.
Repayment of Palestinian debts - Palestinian undertakings have been
received to repay a number of outstanding debts (telephone, water and
hospital bills).
Expansion of the A1 and A2 lists set out in the Paris Economic Protocol -
Israel has agreed to expand the list relating to trade with Jordan and
Egypt; discussion on the extent of this expansion continues.
Purchase tax - Israel has agreed to the Palestinian request for a refund
of purchase tax on Israeli products.
Legal Committee
Israel has received no response to its repeated requests to convene the
Legal Committee in accordance with Article III of the Memorandum.
Trilateral Anti-Incitement Committee
This committee, established by the Wye Memorandum to monitor and prevent
incitement, has met four times to date. Very little of substance has been
achieved, primarily because of the insistence of the Palestinian side on
including discussions of settlements, prisoner releases and other issues
dealt with in other fora of negotiations. The Palestinian side has yet to
investigate or respond to any of the many examples of incitement to
violence provided by the Israeli side, and despite Israeli concerns about
frequent calls to Jihad and the use of violence in Palestinian textbooks,
refuses to discuss the issue of incitement within the educational
system.
Civil Affairs Committee and Civilian Sub-Committees
These committees continue to operate to resolve issues arising from the
transfer of Israeli civilian responsibilities to the Palestinian side, and
have held tens of meetings since the conclusion of the Wye Memorandum.
Regular meetings are held at the professional level to deal with such
issues as water, electricity and the environment, as well as the
population registry in the territories.