Background
The Wye River Memorandum is a comprehensive and detailed document, signed
between Israel and the Palestinians, designed to break the deadlock in the
current peace process, to resolve the outstanding interim period issues
and to enable the two sides to go on to tackle the issues of the permanent
status negotiations.
The Memorandum does not replace the former agreements. Instead it provides
that the provisions of the Memorandum are "subject to the relevant terms
and conditions of the prior agreements and do not supersede their other
requirements". Accordingly, although the Memorandum places the focus of
Palestinian obligations firmly on Palestinian security commitments, it
does not absolve the Palestinian side from any of its obligations,
including those set out in the Interim Agreement and the Note for the
Record.
Further Redeployment
Under the Interim Agreement, Israel undertook to effect a process of
further redeployment within the West Bank in three phases. The Interim
Agreement specifically provides that these phases were to be implemented
commensurate with the assumption by the Palestinian side of its security
responsibilities. The failure of the Palestinian side to implement those
responsibilities, and in particular the fact that nothing was done to
prevent areas transferred to Palestinian authority from becoming places of
refuge for terrorists, prevented Israel, in turn, from implementing the
further redeployment provisions.
With renewed and strengthened Palestinian undertakings to fight terrorists
and their infrastructure, the Memorandum provides that the further
redeployment phases may now take place.
In the first and second phases 12% of West Bank territory will be
transferred from the status of Area C* to Area B* and 1% to Area A*(1). Of
the 12% to be transferred to Area B, 3% will be designated a nature
reserve. In this area no construction will be permitted, and Israel will
retain the overriding security responsibility in order to protect Israelis
and prevent terrorism. Any activity of the Palestinian police in this area
shall require prior approval by Israel.
In addition to the areas transferred from Area C to B, 14.2 % shall be
transferred from Area B to Area A.
As regards the third phase of the further redeployment process, the
Memorandum refers to Secretary Christopher's letter of January 17, 1997,
which letter provided that the designation of the military areas to which
Israel would withdraw at the end of the third phase was exclusively in
Israel's hands, and referred the matter to an Israeli-Palestinian
committee.
Security Commitments
The security commitments set out in the Memorandum reflect the
understanding of the two sides, specifically stated in the Interim
Agreement, that it is "their vital interest" to combat terrorism and that
"the struggle against terror and violence must be comprehensive ...
continuous and constant".
Among the most important provisions the Memorandum contains in this
regards are the following Palestinian undertakings:
- to make known its policy of zero tolerance for terror and violence
against both sides
- to implement a detailed work plan, to be implemented in coordination
with the United States, to combat terrorist organizations and their
infrastructure
- to apprehend individuals suspected of perpetrating acts of violence and
terror
- to prevent the import and manufacture of illegal weapons and to
confiscate all such illegal weapons
- to prevent incitement to violence or terror, enacting the necessary
legislation to criminalize such acts.
In addition to these specific Palestinian undertakings, the Memorandum
also provides for extensive cooperation between the sides including
forensic cooperation and the establishment of the trilateral
US-Israel-Palestinian committee to assess threats and deal with any
impediment to effective security cooperation.
The PLO Charter
It will be recalled that, notwithstanding the undertaking given by
Chairman Arafat to the late Prime Minster Rabin in September 1993 to
cancel the provisions of the PLO Charter that call for the destruction of
Israel, advocate the use of violence, or otherwise contradict the
fundamental principles of the peace process, and restated in numerous
agreements since then, the PLO has still not complied with this
commitment. In the Memorandum the Palestinian side undertakes to fulfill
this commitment categorically. In the first stage the Executive Committee
of the PLO and the Palestinian Central Council will reaffirm the letter
sent by Chairman Arafat to President Clinton, which listed the articles of
the Charter to be changed or amended. The second and final phase will be
the holding of a meeting of the members of the PNC together with other
Palestinian leaders to confirm the final amendment of the PLO Charter.
Transfer of Terrorist Suspects
The Interim Agreement provides that the Palestinian side will arrest and
transfer terrorist suspects to Israel upon receipt of a formal request.
The relevant clauses read as follows:
Annex IV, Article 7.f.
1) Both sides, upon receipt of a request in accordance with
this Article, shall effect the arrest and transfer requested.
2) If the individual requested is detained in custody or is
serving a prison sentence, the side receiving the request may delay the
transfer to the requesting side for the duration of the detention or
imprisonment.
However, despite the 36 requests that have been submitted by Israel to
date, no terrorist suspects have been transferred, and many have not only
not been arrested, but serve in the Palestinian Police force.
In the Wye Memorandum the Palestinian side commits itself to respond to
Israel's request within the 12 week implementation period (or, with
respect to requests received after the eighth week, within four week of
the submission of the request).
Other Security Issues
The Memorandum directly addresses a number of outstanding Palestinian
obligations. In particular, it provides that the Palestinian side will
provide a list of its policemen to the Israeli side in conformity with the
prior agreements. It also requires the Palestinian police to respect human
rights and the rule of law, and to avoid harassment.
Civilian and Economic Issues
The Memorandum records that the two sides have concluded arrangements to
permit the opening of the Gaza Industrial Estate and the operation of the
International Airport in the Gaza Strip. The two sides commit themselves
to renewing negotiations on safe passage immediately, with the aim of
implementing safe passage between the West Bank and the Gaza Strip, at
least on a partial basis, within one week of the entry into force of the
Memorandum. As regards the Gaza Port, the two sides undertake to work
towards reaching agreement on this issue within 60 days.
Recognizing the importance of promoting economic development, the parties
agree to reactivate all standing committees established by the Interim
Agreement. They will also launch a strategic economic dialogue,
establishing a special committee to enhance their economic relationship.
At the same time the two sides agree to jointly approach the donor
community to seek enhanced levels of assistance.
On the legal level they undertake to accelerate efforts to address
outstanding legal issues, and the Palestinian side undertakes to provide
Israel with copies of all its laws.
Permanent Status Negotiations
Under the prior agreements, the two sides were to have commenced permanent
status negotiations at the beginning of the third year of the interim
period. However to date the Palestinian side has not been prepared to
discuss these issues. Under the Wye Memorandum the two sides agree to
immediately resume the negotiations on an accelerated and continuous
basis, making a determined effort to achieve the goal of reaching
agreement by May 4, 1999, the end of the interim period.
Pending the outcome of these negotiations, the Memorandum repeats the
undertaking made in the Interim Agreement that neither side shall take or
initiate any step that will change the status of the West Bank and the
Gaza Strip. It follows that the Memorandum prohibits the unilateral
declaration of a Palestinian state, requiring that the final status of the
territories must be agreed by negotiations between the two sides.
Interrelationship of Obligations - the Time Line
The obligations set out in the Wye Memorandum are not discrete; they are
integrally related to each other. This is reflected in the time line
attached to the document and an integral part of it, which provides for a
phased implementation of obligations. The significance of this time line
is that Israel is not required to make further concessions to the
Palestinians until they have proved their commitment to implement their
obligations. Thus, for example, Israel is only obliged to implement the
first phase of further redeployment after the Palestinian side has
commenced implementation of its security work-plan, engaged in intensive
security cooperation with Israel, and entered into permanent status
negotiations.
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(1) The allocation of responsibility in Areas A, B and C is as
follows:
* Area A: Palestinian responsibility for security, public order and
civilian matters
* Area B: Palestinian responsibility for public order and civilian
matters; Israeli responsibility for security
* Area C: Palestinian responsibility for civilian matters not related to
territory; Israeli responsibility for civilian matters related to
territory, for security and for public order