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The Middle East 10e: Documents
DOCUMENTS
Following are texts of selected documents, resolutions, and speeches that have played a prominent role in Middle East affairs since 1967. With a few exceptions, the texts are arranged in chronological order.
UN Security Council Resolution 242
Following the Six-Day War, the UN Security Council on November 22, 1967, unanimously approved Resolution 242 aimed at bringing peace to the Middle East.
November 22, 1967
The Security Council,
Expressing its continued concern with the grave situation in the Middle East,
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter
1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for the acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.
2. Affirms further the necessity
(a) For guaranteeing freedom of navigation through international waterways in the area;
(b) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones.
3. Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution.
4. Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.
UN Security Council Resolution 338
Between 1967 and 1973 the UN Security Council reaffirmed Resolution 242. Attempting to end the October war of 1973, the Security Council passed Resolution 338.
October 22, 1973
The Security Council,
1. Calls upon all parties to the present fighting to cease all firing and terminate all military activity immediately, not later than 12 hours after the moment of the adoption of the decision, in the positions they now occupy;
2. Calls upon the parties concerned to start immediately after the ceasefire the implementation of Security Council Resolution 242 (1967) in all of its parts;
3. Decides that, immediately and concurrently with the ceasefire negotiations start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.
Resolution of Arab Heads of State
In Rabat, Morocco, on October 28, 1974, Arab heads of state declared the Palestine Liberation Organization the sole representative of the Palestinian people, removing this title from King Hussein of Jordan.
Rabat, October 28, 1974
The Conference of the Arab Heads of State:
1 Affirms the right of the Palestinian people to return to their homeland and to self-determination.
2. Affirms the right of the Palestinian people to establish an independent national authority, under the leadership of the PLO in its capacity as the sole legitimate representative of the Palestine people, over all liberated territory. The Arab States are pledged to uphold this authority, when it is established, in all spheres and at all levels.
3. Supports the PLO in the exercise of its national and international responsibilities, within the context of the principle of Arab solidarity.
4. Invites the kingdoms of Jordan, Syria and Egypt to formalize their relations in the light of these decisions and in order that they be implemented.
5. Affirms the obligation of all Arab States to preserve Palestinian unity and not to interfere in Palestinian internal affairs.
A Framework for Peace in the Middle East
Following is the text of the Camp David accord, ìA Framework for Peace in the Middle East Agreed to at Camp David,î as signed by President Jimmy Carter, President Anwar al-Sadat of Egypt, and Prime Minister Menachem Begin of Israel at the White House on September 17, 1978.
Muhammad Anwar al-Sadat, President of the Arab Republic of Egypt, and Menachem Begin, Prime Minister of Israel, met with Jimmy Carter, President of the United States of America, at Camp David from September 5 to September 17, 1978, and have agreed on the following framework for peace in the Middle East. They invite other parties to the Arab-Israeli conflict to adhere to it.
Preamble
The search for peace in the Middle East must be guided by the following:
The agreed basis for a peaceful settlement of the conflict between Israel and its neighbors is United Nations Security Council Resolution 242, in all its parts.
After four wars during 30 years, despite intensive human efforts, the Middle East, which is the cradle of civilization and the birthplace of three great religions, does not yet enjoy the blessings of peace. The people of the Middle East yearn for peace so that the vast human and natural resources of the region can be turned to the pursuits of peace and so that this area can become a model for coexistence and cooperation among nations.
The historic initiative of President Sadat in visiting Jerusalem and the reception accorded to him by the Parliament, government and people of Israel, and the reciprocal visit of Prime Minister Begin to Ismailia, the peace proposals made by both leaders, as well as the warm reception of these missions by the peoples of both countries, have created an unprecedented opportunity for peace which must not be lost if this generation and future generations are to be spared the tragedies of war.
The provisions of the Charter of the United Nations and the other accepted norms of international law and legitimacy now provide accepted standards for the conduct of relations among all states.
To achieve a relationship of peace, in the spirit of Article 2 of the United Nations Charter, future negotiations between Israel and any neighbor prepared to negotiate peace and security with it, are necessary for the purpose of carrying out all the provisions and principles of Resolutions 242 and 338.
Peace requires respect for the sovereignty, territorial integrity and political independence of every state in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force. Progress toward that goal can accelerate movement toward a new era of reconciliation in the Middle East marked by cooperation in promoting economic development, in maintaining stability, and in assuring security.
Security is enhanced by a relationship of peace and by cooperation between nations which enjoy normal relations. In addition, under the terms of peace treaties, the parties can, on the basis of reciprocity, agree to special security arrangements such as demilitarized zones, limited armaments areas, early warning stations, the presence of international forces, liaison, agreed measures for monitoring, and other arrangements that they agreed are useful.
Framework
Taking these factors into account, the parties are determined to reach a just, comprehensive, and durable settlement of the Middle East conflict through the conclusion of peace treaties based on Security Council Resolutions 242 and 338 in all their parts. Their purpose is to achieve peace and good neighborly relations. They recognize that, for peace to endure, it must involve all those who have been most deeply affected by the conflict. They therefore agree that this framework as appropriate is intended by them to constitute a basis for peace not only between Egypt and Israel, but also between Israel and each of its other neighbors which is prepared to negotiate peace with Israel on this basis. With that objective in mind, they have agreed to proceed as follows:
A. West Bank and Gaza
1. Egypt, Israel, Jordan and the representatives of the Palestinian people should participate in negotiations on the resolution of the Palestinian problem in all its aspects. To achieve that objective, negotiations relating to the West Bank and Gaza should proceed in three stages:
a. Egypt and Israel agree that, in order to ensure a peaceful and orderly transfer of authority, and taking into account the security concerns of all the parties, there should be transitional arrangements for the West Bank and Gaza for a period not exceeding five years. In order to provide full autonomy to the inhabitants, under these arrangements the Israeli military government and its civilian administration will be withdrawn as soon as a self-governing authority has been freely elected by the inhabitants of these areas to replace the existing military government. To negotiate the details of a transitional arrangement, the Government of Jordan will be invited to join the negotiations on the basis of the framework. These new arrangements should give due consideration both to the principle of self-government by the inhabitants of these territories and to the legitimate security concerns of the parties involved.
b. Egypt, Israel, and Jordan will agree on the modalities for establishing the elected self-governing authority in the West Bank and Gaza. The delegations of Egypt and Jordan may include Palestinians from the West Bank and Gaza or other Palestinians as mutually agreed. The parties will negotiate an agreement which will define the powers and responsibilities of the self-governing authority to be exercised in the West Bank and Gaza. A withdrawal of Israeli armed forces will take place and there will be a redeployment of the remaining Israeli forces into specified security locations. The agreement will also include arrangements for assuring internal and external security and public order. A strong local police force will be established, which may include Jordanian citizens. In addition, Israeli and Jordanian forces will participate in joint patrols and in the manning of control posts to assure the security of the borders.
c. When the self-governing authority (administrative council) in the West Bank and Gaza is established and inaugurated, the transitional period of five years will begin. As soon as possible, but not later than the third year after the beginning of the transitional period, negotiations will take place to determine the final status of the West Bank and Gaza and its relationship with its neighbors, and to conclude a peace treaty between Israel and Jordan by the end of the transitional period. These negotiations will be conducted among Egypt, Israel, Jordan, and the elected representatives of the inhabitants of the West Bank and Gaza. Two separate but related committees will be convened, one committee, consisting of representatives of the four parties which will negotiate and agree on the final status of the West Bank and Gaza, and its relationship with its neighbors, and the second committee, consisting of representatives of Israel and representatives of Jordan to be joined by the elected representatives of the inhabitants of the West Bank and Gaza, to negotiate the peace treaty between Israel and Jordan, taking into account the agreement reached on the final status of the West Bank and Gaza. The negotiations shall be based on all the provisions and principles of UN Security Council Resolution 242. The negotiations will resolve, among other matters, the location of the boundaries and the nature of the security arrangements. The solution from the negotiations must also recognize the legitimate rights of the Palestinian people and their just requirements. In this way, the Palestinians will participate in the determination of their own future through:
1. The negotiations among Egypt, Israel, Jordan and the representatives of the inhabitants of the West Bank and Gaza to agree on the final status of the West Bank and Gaza and other outstanding issues by the end of the transitional period.
2. Submitting their agreement to a vote by the elected representatives of the inhabitants of the West Bank and Gaza.
3. Providing for the elected representatives of the inhabitants of the West Bank and Gaza to decide how they shall govern themselves consistent with the provisions of their agreement.
4. Participating as stated above in the work of the committee negotiating the peace treaty between Israel and Jordan.
2. All necessary measures will be taken and provisions made to assure the security of Israel and its neighbors during the transitional period and beyond. To assist in providing such security, a strong local police force will be constituted by the self-governing authority. It will be composed of inhabitants of the West Bank and Gaza. The police will maintain continuing liaison on internal security matters with the designated Israeli, Jordanian, and Egyptian officers.
3. During the transitional period, representatives of Egypt, Israel, Jordan, and the self-governing authority will constitute a continuing committee to decide by agreement on the modalities of admission of persons displaced from the West Bank and Gaza in 1967, together with necessary measures to prevent disruption and disorder. Other matters of common concern may also be dealt with by this committee.
4. Egypt and Israel will work with each other and with other interested parties to establish agreed procedures for a prompt, just and permanent implementation of the resolution of the refugee problem.
B. Egypt-Israel
1. Egypt and Israel undertake not to resort to the threat or the use of force to settle disputes. Any disputes shall be settled by peaceful means in accordance with the provisions of Article 33 of the Charter of the United Nations.
2. In order to achieve peace between them, the parties agree to negotiate in good faith with a goal of concluding within three months from the signing of this Framework a peace treaty between them, while inviting the other parties to the conflict to proceed simultaneously to negotiate and conclude similar peace treaties with a view to achieving a comprehensive peace in the area. The Framework for the Conclusion of a Peace Treaty between Egypt and Israel will govern the peace negotiations between them. The parties will agree on the modalities and the timetable for the implementation of their obligations under the treaty.
C. Associated Principles
1. Egypt and Israel state that the principles and provisions described below should apply to peace treaties between Israel and each of its neighbors—Egypt, Jordan, Syria and Lebanon.
2. Signatories shall establish among themselves relations normal to states at peace with one another. To this end, they should undertake to abide by all the provisions of the Charter of the United Nations. Steps to be taken in this respect include:
a. full recognition;
b. abolishing economic boycotts;
c. guaranteeing that under their jurisdiction the citizens of the other parties shall enjoy the protection of the due process of law.
3. Signatories should explore possibilities for economic development in the context of final peace treaties, with the objective of contributing to the atmosphere of peace, cooperation and friendship which is their common goal.
4. Claims Commissions may be established for the mutual settlement of all financial claims.
5. The United States shall be invited to participate in the talks on matters related to the modalities of the implementation of the agreements and working out the timetable for the carrying out of the obligations of the parties.
6. The United Nations Security Council shall be requested to endorse the peace treaties and ensure that their provisions shall not be violated. The permanent members of the Security Council shall be requested to underwrite the peace treaties and ensure respect for their provisions. They shall also be requested to conform their policies and actions with the undertakings contained in this Framework.
For the Government of the Arab Republic of Egypt: Al-Sadat
For the Government of Israel: M. Begin
Witnessed by: Jimmy Carter, President of the United States of America
Framework for an Egyptian-Israeli Treaty
Following is the text of the Camp David accord, ìA Framework for the Conclusion of a Peace Treaty Between Egypt and Israel,î as signed by President Jimmy Carter, President Anwar al-Sadat of Egypt, and Prime Minister Menachem Begin of Israel at the White House on September 17, 1978.
In order to achieve peace between them, Israel and Egypt agree to negotiate in good faith with a goal of concluding within three months of the signing of this framework a peace treaty between them.
It is agreed that:
The site of the negotiations will be under a United Nations flag at a location or locations to be mutually agreed.
All of the principles of U.N. Resolution 242 will apply in this resolution of the dispute between Israel and Egypt.
Unless otherwise mutually agreed, terms of the peace treaty will be implemented between two and three years after the peace treaty is signed.
The following matters are agreed between the parties:
(a) the full exercise of Egyptian sovereignty up to the internationally recognized border between Egypt and mandated Palestine;
(b) the withdrawal of Israeli armed forces from the Sinai;
(c) the use of airfields left by the Israelis near El Arish, Rafah, Ras en Naqb, and Sharm el Sheikh for civilian purposes only, including possible commercial use by all nations:
(d) the right of free passage of ships of Israel through the Gulf of Suez and the Suez Canal on the basis of the Constantinople Convention of 1888 applying to all nations; the Strait of Tiran and the Gulf of Aqaba are international waterways to be open to all nations for unimpeded and nonsuspendable freedom of navigation and overflight;
(e) the construction of a highway between the Sinai and Jordan near Elat with guaranteed free and peaceful passage by Egypt and Jordan; and
(f) the stationing of military forces listed below.
Stationing of Forces
A. No more than one division (mechanized or infantry) of Egyptian armed forces will be stationed within an area lying approximately 50 kilometers (km) east of the Gulf of Suez and the Suez Canal.
B. Only United Nations forces and civil police equipped with light weapons to perform normal police functions will be stationed within an area lying west of the international border and the Gulf of Aqaba, varying in width from 20 km to 40 km.
C. In the area within 3 km east of the international border there will be Israeli limited military forces not to exceed four infantry battalions and United Nations observers.
D. Border patrol units, not to exceed three battalions, will supplement the civil police in maintaining order in the area not included above.
The exact demarcation of the above areas will be decided during the peace negotiations.
Early warning stations may exist to insure compliance with the terms of the agreement.
United Nations forces will be stationed: (a) in part of the area in the Sinai lying within about 20 km of the Mediterranean Sea and adjacent to the international border, and (b) in the Sharm el Sheikh area to ensure freedom of passage through the Strait of Tiran; and these forces will not be removed unless such removal is approved by the Security Council of the United Nations with a unanimous vote of the five permanent members.
After a peace treaty is signed, and after the interim withdrawal is complete, normal relations will be established between Egypt and Israel, including: full recognition, including diplomatic, economic and cultural relations; termination of economic boycotts and barriers to the free movement of goods and people; and mutual protection of citizens by the due process of law.
Interim Withdrawal
Between three months and nine months after the signing of the peace treaty, all Israeli forces will withdraw east of a line extending from a point east of El Arish to Ras Muhammad, the exact location of this line to be determined by mutual agreement.
For the Government of the Arab Republic of Egypt: A. Sadat
For the Government of Israel: M. Begin
Witnessed by: Jimmy Carter, President of the United States of America
Egyptian-Israeli Treaty of Peace
Following is the text of the Treaty of Peace between the Arab Republic of Egypt and Israel, signed in Washington March 26, 1979, by President Anwar al-Sadat of Egypt and Prime Minister Menachem Begin of Israel and witnessed by U.S. president Jimmy Carter.
The Government of the Arab Republic of Egypt and the Government of the State of Israel;
Preamble
Convinced of the urgent necessity of the establishment of a just, comprehensive and lasting peace in the Middle East in accordance with Security Council Resolutions 242 and 338;
Reaffirming their adherence to the ìFramework for Peace in the Middle East Agreed at Camp David,î dated September 17, 1978;
Noting that the aforementioned Framework as appropriate is intended to constitute a basis for peace not only between Egypt and Israel but also between Israel and each of the other Arab neighbors which is prepared to negotiate peace with it on this basis;
Desiring to bring to an end the state of war between them and to establish a peace in which every state in the area can live in security;
Convinced that the conclusion of a Treaty of Peace between Egypt and Israel is an important step in the search for comprehensive peace in the area and for the attainment of the settlement of the Arab-Israeli conflict in all its aspects;
Inviting the other Arab parties to this dispute to join the peace process with Israel guided by and based on the principles of the aforementioned Framework;
Desiring as well to develop friendly relations and cooperation between themselves in accordance with the United Nations Charter and the principles of international law governing international relations in times of peace;
Agree to the following provisions in the free exercise of their sovereignty, in order to implement the ìFramework for the Conclusion of a Peace Treaty between Egypt and Israelî:
Article I
1. The state of war between the Parties will be terminated and peace will be established between them upon the exchange of instruments of ratification of this Treaty.
2. Israel will withdraw all its armed forces and civilians from the Sinai behind the international boundary between Egypt and mandated Palestine, as provided in the annexed protocol (Annex I), and Egypt will resume the exercise of its full sovereignty over the Sinai.
3. Upon completion of the interim withdrawal provided for in Annex I, the Parties will establish normal and friendly relations, in accordance with Article III (3).
Article II
The permanent boundary between Egypt and Israel is the recognized international boundary between Egypt and the former mandated territory of Palestine as shown on the map at Annex II, without prejudice to the issue of the status of the Gaza Strip. The Parties recognize this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace.
Article III
1. The Parties will apply between them the provisions of the Charter of the United Nations and the principles of international law governing relations among states in times of peace. In particular:
a. They recognize and will respect each other’s sovereignty, territorial integrity and political independence;
b. They recognize and will respect each other’s right to live in peace within their secure and recognized boundaries;
c. They will refrain from the threat or use of force, directly or indirectly, against each other and will settle all disputes between them by peaceful means;
2. Each Party undertakes to ensure that acts or threats of belligerency, hostility or violence do not originate from and are not committed from within its territory, or by any forces subject to its control or by any other forces stationed on its territory, against the population, citizens or property of the other Party. Each Party also undertakes to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to insure that perpetrators of such acts are brought to justice.
3. The Parties agree that the normal relationship established between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts and discriminatory barriers to the free movement of people and goods, and will guarantee the mutual enjoyment by citizens of the due process of law. The process by which they undertake to achieve such a relationship parallel to the implementation of other provisions of this Treaty is set out in the annexed protocol (Annex III).
Article IV
1. In order to provide maximum security for both Parties on the basis of reciprocity, agreed security arrangements will be established including limited force zones in Egyptian and Israeli territory, and United Nations forces and observers, described in detail as to nature and timing in Annex I, and other security arrangements the Parties may agree upon.
2. The Parties agree to the stationing of United Nations personnel in areas described in Annex I. The Parties agree not to request withdrawal of the United Nations personnel and that these personnel will not be removed unless such removal is approved by the Security Council of the United Nations, with the affirmative vote of the five Permanent Members, unless the Parties otherwise agree.
3. A Joint Commission will be established to facilitate the implementation of the Treaty, as provided for in Annex I.
4. The security arrangements provided for in paragraphs 1 and 2 of this Article may at the request of either party be reviewed and amended by mutual agreement of the Parties.
Article V
1. Ships of Israel, and cargoes destined for or coming from Israel, shall enjoy the right of free passage through the Suez Canal and its approaches through the Gulf of Suez and the Mediterranean Sea on the basis of the Constantinople Convention of 1888, applying to all nations. Israeli nationals, vessels and cargoes, as well as persons, vessels and cargoes destined for or coming from Israel, shall be accorded non-discriminatory treatment in all matters connected with usage of the canal.
2. The Parties consider the Strait of Tiran and the Gulf of Aqaba to be international waterways open to all nations for unimpeded and non-suspendable freedom of navigation and overflight. The Parties will respect each other’s right to navigation and overflight for access to either country through the Strait of Tiran and the Gulf of Aqaba.
Article VI
1. This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations.
2. The Parties undertake to fulfill in good faith their obligations under this Treaty, without regard to action or inaction of any other party and independently of any instrument external to this Treaty.
3. They further undertake to take all the necessary measures for the application in their relations of the provisions of the multilateral conventions to which they are parties, including the submission of appropriate notification to the Secretary General of the United Nations and other depositories of such conventions.
4. The parties undertake not to enter into any obligation in conflict with this Treaty.
5. Subject to Article 103 of the United Nations Charter, in the event of a conflict between the obligations of the Parties under the present Treaty and any of their other obligations, the obligations under this Treaty will be binding and implemented.
Article VII
1. Disputes arising out of the application or interpretation of this Treaty shall be resolved by negotiations.
2. Any such disputes which cannot be settled by negotiations shall be resolved by conciliation or submitted to arbitration.
Article VIII
The Parties agree to establish a claims commission for the mutual settlement of all financial claims.
Article IX
1. This Treaty shall enter into force upon exchange of instruments of ratification.
2. This Treaty supersedes the agreement between Egypt and Israel of September, 1975.
3. All protocols, annexes and maps attached to this Treaty shall be regarded as an integral part hereof.
4. The Treaty shall be communicated to the Secretary General of the United Nations for registration in accordance with the provisions of Article 102 of the Charter of the United Nations.
Done at Washington, D.C. this 26th day of March, 1979, in triplicate in the English, Arabic, and Hebrew languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Government of the
Arab Republic of Egypt: A. Sadat
For the Government of Israel: M. Begin
Witnessed by: Jimmy Carter, President of the United States of America
UN Security Council Resolution 598
The UN Security Council on July 20, 1987, unanimously approved Resolution 598, which called for an end to the war between Iran and Iraq.
The Security Council,
Reaffirming its resolution 582 (1986),
Deeply concerned that, despite its calls for a cease-fire, the conflict between Iran and Iraq continues unabated, with further heavy loss of human life and material destruction,
Deploring the initiation and continuation of the conflict,
Deploring also the bombing of purely civilian population centers, attacks on neutral shipping or civilian aircraft, the violation of international humanitarian law and other laws of armed conflict, and, in particular, the use of chemical weapons contrary to obligations under the 1925 Geneva Protocol,
Deeply concerned that further escalation and widening of the conflict may take place,
Determined to bring to an end all military actions between Iran and Iraq,
Convinced that a comprehensive, just, honorable and durable settlement should be achieved between Iran and Iraq,
Recalling the provisions of the Charter of the United Nations, and in particular the obligation of all Member States to settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered,
Determining that there exists a breach of the peace as regards the conflict between Iran and Iraq,
Acting under Articles 39 and 40 of the Charter of the United Nations,
1. Demands that, as a first step towards a negotiated settlement, Iran and Iraq observe an immediate cease-fire, discontinue all military actions on land, at sea and in the air, and withdraw all forces to the internationally recognized boundaries without delay;
2. Requests the Secretary-General to dispatch a team of United Nations Observers to verify, confirm and supervise the cease-fire and withdrawal and further requests the Secretary-General to make the necessary arrangements in consultation with the Parties and to submit a report thereon to the Security Council;
3. Urges that prisoners-of-war be released and repatriated without delay after the cessation of active hostilities in accordance with the Third Geneva Convention of 12 August 1949;
4. Calls upon Iran and Iraq to co-operate with the Secretary-General in implementing this resolution and in mediation efforts to achieve a comprehensive, just and honorable settlement, acceptable to both sides, of all outstanding issues, in accordance with the principles contained in the Charter of the United Nations;
5. Calls upon all other States to exercise the utmost restraint and to refrain from any act which may lead to further escalation and widening of the conflict, and thus to facilitate the implementation of the pres-ent resolution;
6. Requests the Secretary-General to explore, in consultation with Iran and Iraq, the question of entrusting an impartial body with inquiring into responsibility for the conflict and to report to the Security Council as soon as possible;
7. Recognizes the magnitude of the damage inflicted during the conflict and the need for reconstruction efforts, with appropriate international assistance, once the conflict is ended and, in this regard, requests the Secretary-General to assign a team of experts to study the question of reconstruction and to report to the Security Council;
8. Further requests the Secretary-General to examine, in consultation with Iran and Iraq and with other States of the region, measures to enhance the security and stability of the region;
9. Requests the Secretary-General to keep the Security Council informed on the implementation of this resolution;
10. Decides to meet again as necessary to consider further steps to ensure compliance with this resolution.
In Amman, Jordan, on November 11, 1987, the Arab League issued a communiqué condemning Iran for not accepting UN Security Council Resolution 598 and declaring that members could reestablish diplomatic relations with Egypt at their own discretion.
Pursuant to the will of the Arab countries’ leaders expressed in the resolution the Arab League Council adopted in its extraordinary session which resumed in Tunis on 26 Muharram 1408 Hegira, corresponding to September 20, 1987, and in response to an invitation from His Majesty King Hussein Bin Talal, King of the Hashemite Kingdom of Jordan, the Jordanian capital of Amman hosted an extraordinary session of the Arab summit which convened from 17-20 Rabi’ Al-Awwal 1408, corresponding to November 8-11, 1987.
From the premise of our historical responsibility and pan-Arab principles; based on the relations of brotherhood and the interconnection of security, political, and economic interests and the interconnection of history and civilization; out of an awareness of the sensitive and difficult stage the Arab homeland is experiencing and of the challenges against the Arab homeland’s present and future which pose a threat to its existence; and realizing that the state of division and fragmentation causes a weakness that dissipates the Arab nation’s resources and exhausts its potentialities, the issue of Arab solidarity has been the focus of the Arab leaders’ attention. They discussed its various aspects, and pinpointed its weak and strong points. They stressed the need to support and enhance it, and allotted it priority. Their viewpoints were in agreement on this issue, and they agreed that Arab solidarity is the only means to achieve the Arab nation’s dignity and pride and to ward off danger and harm from it. The leaders unanimously agreed to overcome differences and to eliminate the causes of weakness and the factors of dismemberment and division. From the premise of their loyalty to their homeland and their genuine affiliation to their nationalism, they decided to adopt Arab solidarity as a basis for a joint Arab action whose objective is to embody the unity of their stand, build the capabilities of the Arab nation, and provide it with factors of strength and impregnability.
After listening to His Majesty King Hussein’s speech at the first closed session of the summit, the leaders decided to consider the speech in which His Majesty launched the slogan of reconciliation and accord as the title of the summit and an official document of the summit. They reiterated their abidance by the need to support Arab-African cooperation. They condemned the terrorism and racial discrimination which the racist regime in South Africa is carrying out. They also reiterated their support for the struggle of the people in South Africa and Namibia.
In adherence to the Arab League Charter, the Collective Arab Defense Pact, and the Arab Solidarity Charter; to emphasize the determination to protect pan-Arab security and to safeguard the Arab territory; and in an atmosphere filled with the spirit of fraternity and love which prevailed at the Amman summit, the Iraq-Iran war and the situation in the gulf region topped the summit agenda. The leaders expressed their concern over the continuation of the war and expressed their dissatisfaction with the Iranian regime’s insistence on continuing it and on going too far in provoking and threatening the Arabian Gulf states. The conference condemned Iran for occupying part of the Iraqi territory and its procrastination in accepting UN Security Council Resolution Number 598. The conferees called on Iran to accept and fully implement this resolution in accordance with the sequence of its clauses. They appealed to the international community to assume its responsibilities, exert effective efforts, and adopt the necessary measures to make the Iranian regime respond to the peace calls. The conference also announced its solidarity with Iraq and its appreciation for its acceptance of Security Council Resolution Number 598 and its response to all peace initiatives. It also stressed its solidarity with and support for Iraq in protecting its territory and waters, and in defending its legitimate rights.
The leaders reviewed the developments in the gulf area and the serious consequences resulting from Iranian threats, provocations and aggressions. The conference announced its solidarity with Kuwait in confronting the Iranian regime’s aggression. It also denounced the bloody criminal incidents perpetrated by Iranians in the Holy Mosque of Mecca. The conference affirmed its support for Kuwait in all of the measures it has taken to protect its territory and waters, and to guarantee its security and stability. The conference announced its support for Kuwait in confronting the Iranian regime’s threats and aggressions.
The conference also affirmed its complete support for Saudi Arabia and its full support for the measures taken by Saudi Arabia to provide a suitable atmosphere so that the pilgrims can perform pilgrimage rites in peace and humility, and to prevent any encroachment on the sanctity of the Holy Mosque and Muslims’ feelings. The leaders affirmed their rejection of any riotous acts in the holy places that would violate pilgrims’ security and safety and encroach on the sovereignty of Saudi Arabia. The conference calls on the Islamic countries and governments to adopt this stand and to stand against the incorrect practices which contradict Islamic teachings.
The conference also discussed the Arab-Israeli conflict and reviewed its developments in the Arab and international areas. The conference reiterated that the Palestinian question is the essence and basis of the conflict, and that peace in the Middle East can only be achieved through regaining all occupied Arab territory, particularly Jerusalem; through restoring the Palestinian peoples’ national, inalienable rights; and through resolving the Palestinian issue in all its aspects.
The summit announces that reinforcing the Arabs’ capability, building their intrinsic strength, entrenching their solidarity, and embodying the unity of their stands are essential factors to confront the Israeli danger threatening the entire Arab nation and exposing its existence and future to harm and danger. Within the framework of supporting peaceful efforts and attempts to achieve a just, permanent peace in the Middle East within international legitimacy and UN resolutions on the basis of regaining all the occupied Arab and Palestinian territories and the Palestinian people’s national inalienable rights, the leaders support the convocation of an international peace conference under UN auspices and the participation of all the concerned parties, including the PLO, the Palestinian people’s sole, legitimate representative, on an equal footing, as well as the permanent Security Council members. This is because the international conference is the only appropriate means to resolve the Arab-Israeli conflict in a peaceful, just and comprehensive settlement.
The leaders express deep admiration and appreciation to the Palestinian people in the occupied Arab territories and praise their steadfastness, struggle, and their adherence to their land, and renew their commitment to support them.
The leaders discussed the Lebanese crisis and its tragic complications for the fraternal Arab Lebanese people. The leaders emphasize their concern for Lebanon’s national unity, its Arabism, and unity of territory. They also affirm endeavors to help Lebanon overcome its crisis and restore its sovereignty and welfare.
The leaders discussed the issue of international terrorism. They voice condemnation of all forms of international terrorism regardless of its origin. They affirm their conviction of the justice of the peoples’ struggle to achieve independence and sovereignty, and restore their freedom and legitimate rights. The leaders believe that the prerequisites, demands and conditions of pan-Arab security cannot be realized except through full solidarity that covers the entire Arab homeland and enables the mobilization of the Arab nation’s capabilities and resources to achieve pan-Arab objectives. The leaders also believe in the unity of hope, aspirations and common views regarding the dangers threatening Arab existence and future in terms of evil and hostile intentions. Thus, the leaders decided that diplomatic relations between any Arab League member state and the Arab Republic of Egypt is a sovereign act decided by each state in accordance with its constitution and laws.
The summit reviewed the historical relations between the two divine religions, Islam and Christianity, embodied in Jerusalem, the symbol of peace. The summit also reviewed Israel’s practices and its exposed attempts at blackmail. The summit calls on the member states to intensify dialogue with the Vatican in order to gain its support. The summit also calls on His Majesty King Hussein, the summit’s chairman, to undertake contacts with the Vatican on behalf of the Arab leaders.
The leaders express their gratitude to the generous Jordanian people and their great king for their warm hospitality, reception, and perfect preparations. They also express appreciation for His Majesty’s King Hussein’s wise leadership, which created a clear, brotherly climate for the summit and facilitated its success.
Thank you.
Iran’s Acceptance of Resolution 598
President Ali Khamenei accepted UN Resolution 598 on behalf of Iran in a July 18, 1988, letter to UN Secretary General Javier Pérez de Cuéllar. The letter was the first step in establishing a truce in the Iran-Iraq war.
In the name of God, the Compassionate, the Merciful.
Excellency,
Please accept my warm greetings with best wishes for Your Excellency’s success in efforts to establish peace and justice.
As you are well aware, the fire of the war which was started by the Iraqi regime on 22 September 1980 through an aggression against the territorial integrity of the Islamic Republic of Iran has now gained unprecedented dimensions, bringing other countries into the war and even engulfing innocent civilians.
The killing of 290 innocent human beings, caused by the shooting down of an Airbus aircraft of the Islamic Republic of Iran by one of America’s warships in the Persian Gulf is a clear manifestation of this contention.
Under these circumstances, Your Excellency’s effort for the implementation of Resolution 598 is of particular importance. The Islamic Republic of Iran has always provided you with its assistance and support to achieve this objective. In this context, we have decided to officially declare that the Islamic Republic of Iran—because of the importance it attaches to saving the lives of human beings and the establishment of justice and regional and international peace and security—accepts Security Council Resolution 598.
We hope that the official declaration of this position by the Islamic Republic of Iran would assist you in continuing your efforts, which have always received our support and appreciation.
King Hussein’s Renunciation of Claim to West Bank
In a July 31, 1988, speech King Hussein of Jordan renounced his nation’s claims to the West Bank and severed all legal and administrative links with it.
In the name of God, the compassionate, the merciful and peace be upon his faithful Arab messenger
Brother citizens. ... [W]e have initiated, after seeking God’s assistance, and in light of a thorough and extensive study, a series of measures with the aim of enhancing the Palestinian national orientation, and highlighting the Palestinian identity. Our objective is the benefit of the Palestinian cause and the Arab Palestinian people.
Our decision, as you know, comes after thirty-eight years of the unity of the two banks, and fourteen years after the Rabat Summit Resolution, designating the Palestine Liberation Organization (PLO) as the sole legitimate representative of the Palestinian people. It also comes six years after the Fez [Morocco] Summit Resolution of an independent Palestinian state in the occupied West Bank and the Gaza Strip. ...
The considerations leading to the search to identify the relationship between the West Bank and the Hashemite Kingdom of Jordan, against the background of the PLO’s call for the establishment of an independent Palestinian state, are twofold:
I. The principle of Arab unity, this being a national objective to which all the Arab peoples aspire, and which they all seek to realize.
II. The political reality of the scope of benefit to the Palestinian struggle that accrues from maintaining the legal relationship between the two banks of the kingdom. ...
... We respect the wish of the PLO, the sole legitimate representative of the Palestinian people, to secede from us in an independent Palestinian state. We say this in all understanding. Nevertheless, Jordan will remain the proud bearer of the message of the great Arab revolt; faithful to its principles; believing in the common Arab destiny; and committed to joint Arab action.
Regarding the political factor, it has been our belief, since the Israeli aggression of June 1967, that our first priority should be to liberate the land and holy places from Israeli occupation.
Accordingly, as is well known, we have concentrated all our efforts during the twenty-one years since the occupation towards this goal. We had never imagined that the preservation of the legal and administrative links between the two banks could constitute an obstacle to the liberation of the occupied Palestinian land. ...
Lately, it has transpired that there is a general Palestinian and Arab orientation towards highlighting the Palestinian identity in a complete manner. ... It is also viewed that these [Jordanian-West Bank] links hamper the Palestinian struggle to gain international support for the Palestinian cause, as the national cause of a people struggling against foreign occupation. ...
... [T]here is a general conviction that the struggle to liberate the occupied Palestinian land could be enhanced by dismantling the legal and administrative links between the two banks, we have to fulfill our duty, and do what is required of us. At the Rabat Summit of 1974 we responded to the Arab leaders’ appeal to us to continue our interaction with the occupied West Bank through the Jordanian institutions, to support the steadfastness of our brothers there. Today we respond to the wish of the Palestine Liberation Organization, the sole legitimate representative of the Palestinian people, and to the Arab orientation to affirm the Palestinian identity in all its aspects. ...
Brother citizens. ... We cannot continue in this state of suspension, which can neither serve Jordan nor the Palestinian cause. We had to leave the labyrinth of fears and doubts, towards clearer horizons where mutual trust, understanding, and cooperation can prevail, to the benefit of the Palestinian cause and Arab unity. This unity will remain a goal which all the Arab peoples cherish and seek to realize.
At the same time, it has to be understood in all clarity, and without any ambiguity or equivocation, that our measures regarding the West Bank, concern only the occupied Palestinian land and its people. They naturally do not relate in any way to the Jordanian citizens of Palestinian origin in the Hashemite Kingdom of Jordan. They all have the full rights of citizenship and all its obligations, the same as any other citizen irrespective of his origin. They are an integral part of the Jordanian state. They belong to it, they live on its land, and they participate in its life and all its activities. Jordan is not Palestine; and the independent Palestinian state will be established on the occupied Palestinian land after its liberation, God willing. There the Palestinian identity will be embodied, and there the Palestinian struggle shall come to fruition, as confirmed by the glorious uprising of the Palestinian people under occupation.
National unity is precious in any country; but in Jordan it is more than that. It is the basis of our stability, and the springboard of our development and prosperity. It is the foundation of our national security and the source of our faith in the future. It is the living embodiment of the principles of the great Arab revolt, which we inherited, and whose banner we proudly bear. It is a living example of constructive plurality, and a sound nucleus for wider Arab unity.
Based on that, safeguarding national unity is a sacred duty that will not be compromised. Any attempt to undermine it, under any pretext, would only help the enemy carry out his policy of expansion at the expense of Palestine and Jordan alike. Consequently, true nationalism lies in bolstering and fortifying national unity. Moreover, the responsibility to safeguard it falls on every one of you, leaving no place in our midst for sedition or treachery. With God’s help, we shall be as always, a united cohesive family, whose members are joined by bonds of brotherhood, affection, awareness, and common national objectives. ...
The constructive plurality which Jordan has lived since its foundation, and through which it has witnessed progress and prosperity in all aspects of life, emanates not only from our faith in the sanctity of national unity, but also in the importance of Jordan’s Pan-Arab role. Jordan presents itself as the living example of the merger of various Arab groups on its soil, within the framework of good citizenship, and one Jordanian people. This paradigm that we live on our soil gives us faith in the inevitability of attaining Arab unity, God willing. ...
Citizens, Palestinian brothers in the occupied Palestinian lands, to dispel any doubts that may arise out of our measures, we assure you that these measures do not mean the abandonment of our national duty, either towards the Arab-Israeli conflict, or towards the Palestinian cause. ... Jordan will continue its support for the steadfastness of the Palestinian people, and their courageous uprising in the occupied Palestinian land, within its capabilities. I have to mention, that when we decided to cancel the Jordanian Development Plan in the occupied territories, we contacted, at the same time, various friendly governments and international institutions, which had expressed their wish to contribute to the plan, urging them to continue financing development projects in the occupied Palestinian lands, through the relevant Palestinian quarters.
... No one outside Palestine has had, nor can have, an attachment to Palestine, or its cause, firmer than that of Jordan or of my family. Moreover, Jordan is a confrontation state, whose borders with Israel are longer than those of any other Arab state, longer even than the combined borders of the West Bank and Gaza with Israel.
In addition, Jordan will not give up its commitment to take part in the peace process. We have contributed to the peace process until it reached the stage of a consensus to convene an international peace conference on the Middle East. The purpose of the conference would be to achieve a just and comprehensive peace settlement to the Arab-Israeli conflict, and the settlement of the Palestinian problem in all its aspects. ...
Jordan, dear brothers, is a principal party to the Arab-Israeli conflict, and to the peace process. It shoulders its national responsibilities on that basis.
I thank you and salute you, and reiterate my heartfelt wishes to you, praying God the almighty to grant us assistance and guidance, and to grant our Palestinian brothers victory and success.
May God’s peace, mercy, and blessings be upon you.
Arafat Statement on Israel, Terrorism
At a December 14, 1988, press conference in Geneva, Palestine Liberation Organization leader Yasir Arafat explicitly recognized Israel’s right to exist, renounced terrorism, and accepted UN Security Council Resolutions 242 and 338. Arafat’s statement prompted the United States to open a dialogue with the PLO. Following is the text of Arafat’s statement.
Let me highlight my views before you. Our desire for peace is a strategy and not an interim tactic. We are bent on peace come what may, come what may.
Our statehood provides salvation to the Palestinians and peace to both Palestinians and Israelis.
Self-determination means survival for the Palestinians and our survival does not destroy the survival of the Israelis as their rulers claim.
Yesterday in my speech I made reference to United Nations Resolution 181 as the basis for Palestinian independence. I also made reference to our acceptance of Resolution 242 and 338 as the basis for negotiations with Israel within the framework of the international conference. These three resolutions were endorsed by our Palestine National Council session in Algiers.
In my speech also yesterday, it was clear that we mean our people’s rights to freedom and national independence, according to Resolution 181, and the right of all parties concerned in the Middle East conflict to exist in peace and security, and, as I have mentioned, including the state of Palestine, Israel and other neighbors, according to Resolution 242 and 338.
As for terrorism, I renounced it yesterday in no uncertain terms, and yet, I repeat for the record. I repeat for the record that we totally and absolutely renounce all forms of terrorism, including individual, group and state terrorism.
Between Geneva and Algiers, we have made our position crystal clear. Any more talk such as ìThe Palestinians should give moreî—you remember this slogan?—or ìIt is not enoughî or ìThe Palestinians are engaging in propaganda games, and public-relations exercisesî will be damaging and counterproductive.
Enough is enough. Enough is enough. Enough is enough. All remaining matters should be discussed around the table and within the international conference.
Let it be absolutely clear that neither Arafat, nor any for that matter, can stop the intifada, the uprising. The intifada will come to an end only when practical and tangible steps have been taken towards the achievement of our national aims and establishment of our independent Palestinian state.
In this context, I expect the E.E.C. to play a more effective role in promoting peace in our region. They have a political responsibility, they have a moral responsibility, and they can deal with it.
Finally, I declare before you and I ask you to kindly quote me on that: We want peace. We want peace. We are committed to peace. We are committed to peace. We want to live in our Palestinian state, and let live. Thank you.
The Taif Accords, brokered by Saudi Arabia and signed on October 22, 1989, brought an end to fourteen years of civil war in Lebanon. The agreement redistributed power within the Lebanese political system and provided a framework for the redeployment and withdrawal of Syrian troops.
First, General Principles and Reforms:
I. General Principles:
A. Lebanon is a sovereign, free, and independent country and a final homeland for all its citizens.
B. Lebanon is Arab in belonging and identity. It is an active and founding member of the Arab League and is committed to the league's charter. It is an active and founding member of the United Nations Organization and is committed to its charters. Lebanon is a member of the nonaligned movement. The state of Lebanon shall embody these principles in all areas and spheres, without exception.
C. Lebanon is a democratic parliamentary republic founded on respect for public liberties, especially the freedom of expression and belief, on social justice, and on equality in rights and duties among all citizens, without discrimination or preference.
D. The people are the source of authority. They are sovereign and they shall exercise their sovereignty through the constitutional institutions.
E. The economic system is a free system that guarantees individual initiative and private ownership.
F. Culturally, socially, and economically balanced development is a mainstay of the state's unity and of the system's stability.
G. Efforts (will be made) to achieve comprehensive social justice through fiscal, economic, and social reform.
H. Lebanon's soil is united and it belongs to all the Lebanese. Every Lebanese is entitled to live in and enjoy any part of the country under the supremacy of the law. The people may not be categorized on the basis of any affiliation whatsoever and there shall be no fragmentation, no partition, and no repatriation [of Palestinians in Lebanon].
I. No authority violating the common co-existence charter shall be legitimate
II. Political Reforms
A. Chamber of Deputies: The Chamber of Deputies is the legislative authority which exercises full control over government policy and activities.
1. The Chamber spokesman and his deputy shall be elected for the duration of the chamber's term.
2. In the first session, two years after it elects its speaker and deputy speaker, the chamber my vote only once to withdraw confidence from its speaker or deputy speaker with a 2/3 majority of its members and in accordance with a petition submitted by at least 10 deputies. In case confidence is withdrawn, the chamber shall convene immediately to fill the vacant post.
3. No urgent bill presented to the Chamber of Deputies may be issued unless it is included in the agenda of a public session and read in such a session, and unless the grace period stipulated by the constitution passes without a resolution on such a bill with the approval of the cabinet.
4. The electoral district shall be the governorate.
5. Until the Chamber of Deputies passes an election law free of sectarian restriction, the parliamentary seats shall be divided according to the following bases:
a. Equally between Christians and Muslims.
b. Proportionately between the denominations of each sect.
c. Proportionately between the districts.
6. The number of members of the Chamber of Deputies shall be increased to 108, shared equally between Christians and Muslims. As for the districts created on the basis of this document and the districts whose seats became vacant prior to the proclamation of this document, their seats shall be filled only once on an emergency basis through appointment by the national accord government that is planned to be formed.
7. With the election of the first Chamber of Deputies on a national, not sectarian, basis, a senate shall be formed and all the spiritual families shall be represented in it. The senate powers shall be confined to crucial issues.
B. President of Republic: The president of republic is the head of the state and a symbol of the country's unity. He shall contribute to enhancing the constitution and to preserving Lebanon's independence, unity, and territorial integrity in accordance with the provisions of the constitution. He is the supreme commander of the armed forces which are subject to the power of the cabinet. The president shall exercise the following powers:
1. Head the cabinet [meeting] whenever he wishes, but without voting.
2. Head the Supreme Defense Council.
3. Issues decrees and demand their publication. He shall also be entitled to ask the cabinet to reconsider any resolution it makes within 15 days of the date of deposition of the resolution with the presidential office. Should the cabinet insist on the adopted resolution, or should the grace period pass without issuing and returning the decree, the decree of the resolution shall be valid and must be published.
4. Promulgate laws in accordance with the grace period stipulated by the constitution and demand their publication upon ratification by the Chamber of Deputies. After notifying the cabinet, the president may also request reexamination of the laws within the grace periods provided by the constitution, and in accordance with the articles of the constitution. In case the laws are not issued or returned before the end of the grace periods, they shall be valid by law and they must be published.
5. Refer the bills presented to him by the Chamber of Deputies.
6. Name the prime minister-designate in consultation with the Chamber of Deputies speaker on the basis of binding parliamentary consultation, the outcome of which the president shall officially familiarize the speaker on.
7. Issue the decree appointing the prime minister independently.
8. On agreement with the prime minister, issue the decree forming the cabinet.
9. Issue decrees accepting the resignation of the cabinet or of cabinet ministers and decrees relieving them from their duties.
10. Appoint ambassadors, accept the accreditation of ambassadors, and award state medals by decree.
11. On agreement with the prime minister, negotiate on the conclusion and signing of international treaties which shall become valid only upon approval by the cabinet. The cabinet shall familiarize the Chamber of Deputies with such treaties when the country's interest and state safety make such familiarization possible. As for treaties involving conditions concerning state finances, trade treaties, and other treaties which may not be abrogated annually, they may not be concluded without Chamber of Deputies' approval.
12. When the need arises, address messages to the Chamber of Deputies.
13. On agreement with the prime minister, summon the Chamber of Deputies to hold special sessions by decree.
14. The president of the republic is entitled to present to the cabinet any urgent issue beyond the agenda.
15. On agreement with the prime minister, call the cabinet to hold a special session whenever he deems it necessary.
16. Grant special pardon by decree.
17. In the performance of his duty, the president shall not be liable unless he violates the constitution or commits high treason.
C. Prime Minister: The prime minister is the head of the government. He represents it and speaks in its name. He is responsible for implementing the general policy drafted by the cabinet. The prime minister shall exercise the following powers:
1. Head the cabinet.
2. Hold parliamentary consultations to form the cabinet and co-sign with the president the decree forming it. The cabinet shall submit its cabinet statement to the Chamber of Deputies for a vote of confidence within 30 days [of its formation]. The cabinet may not exercise its powers before gaining the confidence, after its resignation, or when it is considered retired, except within the narrow sense of disposing of affairs.
3. Present the government's general policy to the Chamber of Deputies.
4. Sign all decrees, except for decrees naming the prime minister and decrees accepting cabinet resignation or considering it retired.
5. Sign the decree calling for a special session and decrees issuing laws and requesting the reexamination of laws.
6. Summon the cabinet to meet, draft its agenda, familiarize the president of the republic in advance with the issues included in the agenda and with the urgent issues to be discussed, and sign the usual session minutes.
7. Observe the activities of the public departments and institutions, coordinate between the ministers, and issue general instructions to ensure the smooth progress of work.
8. Hold working sessions with the state agencies concerned in the presence of the minister concerned.
9. By law, act as the Supreme Defense Council's deputy chairman.
D. Cabinet:
[No item 1. as published]
2. Watch over the implementation of laws and regulations and supervise the activities of all the state agencies without exception, including the civilian, military, and security departments and institutions.
3. The cabinet is the authority which controls the armed forces.
4. Appoint, dismiss, and accept the resignation of state employees in accordance with the law.
5. It has the right to dissolve the Chamber of Deputies at the request of the president of the republic if the chamber refuses to meet throughout an ordinary or a special session lasting no less than one month, even though it is summoned twice consecutively, or if the chamber sends back the budget in its entirety with the purpose of paralyzing the government. This right may not be exercised again for the same reasons which called for dissolving the chamber in the first instance.
6. When the president of the republic is present, he heads cabinet sessions. The cabinet shall meet periodically at special headquarters. The legal quorum for a cabinet meeting is 2/3 the cabinet members. The cabinet shall adopt its resolutions by consent. If impossible, then by vote. The resolutions shall be adopted by a majority of the members present. As for major issues, they require the approval of 2/3 the cabinet members. The following shall be considered major issues: The state of emergency and it abolition, war and peace, general mobilization, international agreements and treaties, the state's general budget, comprehensive and long-term development plans, the appointment of top-level civil servants or their equivalent, reexamination of the administrative division, dissolving the Chamber of Deputies, the election law, the citizenship law, the personal status laws, and the dismissal of cabinet ministers.
E. Minister: The minister's powers shall be reinforced in a manner compatible with the government's general policy and with the principle of collective responsibility. A minister shall not be relieved from his position unless by cabinet decree or unless the Chamber of Deputies withdraws its confidence from him individually.
F. Cabinet Resignation, Considering Cabinet Retired, and Dismissal of Ministers:
1. The cabinet shall be considered retired in the following cases:
a. If its chairman resigns.
b. If it looses more than 1/3 of its members as determined by the decree forming it.
c. If its chairman dies.
d. At the beginning of a president's term.
e. At the beginning of the Chamber of Deputies' term.
f. When the Chamber of Deputies withdraws its confidence from it on an initiative by the chamber itself and on the basis of a vote of confidence.
2. A minister shall be relieved by a decree signed by the president of the republic and the prime minister, with cabinet approval.
3. When the cabinet resigns or is considered retired, the Chamber of Deputies shall, by law, be considered to be convened in a special session until a new cabinet is formed. A vote-of-confidence session shall follow.
G. Abolition of Political Sectarianism: Abolishing political sectarianism is a fundamental national objective. To achieve it, it is required that efforts be made in accordance with a phased plan. The Chamber of Deputies elected on the basis of equal sharing by Christians and Muslims shall adopt the proper measures to achieve this objective and to form a national council which is headed by the president of the republic and which includes, in addition to the prime minister and the Chamber of Deputies speaker, political, intellectual, and social notables. The council's task will be to examine and propose the means capable of abolishing sectarianism, to present them to the Chamber of Deputies and the cabinet, and to observe implementation of the phased plan. The following shall be done in the interim period:
a. Abolish the sectarian representation base and rely on capability and specialization in public jobs, the judiciary, the military, security, public, and joint institutions, and in the independent agencies in accordance with the dictates of national accord, excluding the top-level jobs and equivalent jobs which shall be shared equally by Christians and Muslims without allocating any particular job to any sect.
b. Abolish the mention of sect and denomination on the identity card.
III. Other Reforms:
A. Administrative Decentralism:
1. The State of Lebanon shall be a single and united state with a strong central authority.
2. The powers of the governors and district administrative officers shall be expanded and all state administrations shall be represented in the administrative provinces at the highest level possible so as to facilitate serving the citizens and meeting their needs locally.
3. The administrative division shall be recognized in a manner that emphasizes national fusion within the framework of preserving common co-existence and unity of the soil, people, and institutions.
4. Expanded administrative decentralization shall be adopted at the level of the smaller administrative units [district and smaller units] through the election of a council, headed by the district officer, in every district, to ensure local participation.
5. A comprehensive and unified development plan capable of developing the provinces economically and socially shall be adopted and the resources of the municipalities, unified municipalities, and municipal unions shall be reinforced with the necessary financial resources.
B. Courts:
[1] To guarantee that all officials and citizens are subject to the supremacy of the law and to insure harmony between the action of the legislative and executive authorities on the one hand, and the givens of common co-existence and the basic rights of the Lebanese as stipulated in the constitution on the other hand:
1. The higher council which is stipulated by the constitution and whose task it is to try presidents and ministers shall be formed. A special law on the rules of trial before this council shall be promulgated.
2. A constitutional council shall be created to interpret the constitution, to observe the constitutionality of the laws, and to settle disputes and contests emanating from presidential and parliamentary elections.
3. The following authorities shall be entitled to revise the constitutional council in matters pertaining to interpreting the constitution and observing the constitutionality of the laws:
a. The president of the republic.
b. The Chamber of Deputies speaker.
c. The prime minister.
d. A certain percentage of members of the Chamber of Deputies.
[2] To ensure the principle of harmony between religion and state, the heads of the Lebanese sects may revise the constitutional council in matters pertaining to:
1. Personal status affairs.
2. Freedom of religion and the practice of religious rites.
3. Freedom of religious education.
C. To ensure the judiciary's independence, a certain number of the Higher Judiciary Council shall be elected by the judiciary body.
D. Parliamentary Election Law: Parliamentary elections shall be held in accordance with a new law on the basis of provinces and in the light of rules that guarantee common co-existence between the Lebanese, and that ensure the sound and efficient political representation of all the people's factions and generations. This shall be done after reviewing the administrative division within the context of unity of the people, the land, and the institutions.
E. Creation of a socioeconomic council for development: A socioeconomic council shall be created to insure that representatives of the various sectors participate in drafting the state's socioeconomic policy and providing advice and proposals.
F. Education:
1. Education shall be provided to all and shall be made obligatory for the elementary stage at least.
2. The freedom of education shall be emphasized in accordance with general laws and regulations.
3. Private education shall be protected and state control over private schools and textbooks shall be strengthened.
4. Official, vocational, and technological education shall be reformed, strengthened, and developed in a manner that meets the country's development and reconstruction needs. The conditions of the Lebanese University shall be reformed and aid shall be provided to the university, especially to its technical colleges.
5. The curricula shall be reviewed and developed in a manner that strengthens national belonging, fusion, spiritual and cultural openness, and that unifies textbooks on the subjects of history and national education.
G. Information: All the information media shall be reorganized under the canopy of the law and within the framework of responsible liberties that serve the cautious tendencies and the objective of ending the state of war.
Second, spreading the sovereignty of the State of Lebanon over all Lebanese territories: Considering that all Lebanese factions have agreed to the establishment of a strong state founded on the basis of national accord, the national accord government shall draft a detailed one-year plan whose objective is to spread the sovereignty of the State of Lebanon over all Lebanese territories gradually with the state's own forces. The broad lines of the plan shall be as follows:
A. Disbanding of all Lebanese and non-Lebanese militias shall be announced. The militias' weapons shall be delivered to the State of Lebanon within a period of 6 months, beginning with the approval of the national accord charter. The president of the republic shall be elected. A national accord cabinet shall be formed, and the political reforms shall be approved constitutionally.
B. The internal security forces shall be strengthened through:
1. Opening the door of voluntarism to all the Lebanese without exception, beginning the training of volunteers centrally, distributing the volunteers to the units in the governorates, and subjecting them to organized periodic training courses.
2. Strengthening the security agency to insure control over the entry and departure of individuals into and out of the country by land, air, and sea.
C. Strengthening the armed forces:
1. The fundamental task of the armed forces is to defend the homeland, and if necessary, protect public order when the danger exceeds the capability of the internal security forces to deal with such a danger on their own.
2. The armed forces shall be used to support the internal security forces in preserving security under conditions determined by the cabinet.
3. The armed forces shall be unified, prepared, and trained in order that they may be able to shoulder their national responsibilities in confronting Israeli aggression.
4. When the internal security forces become ready to assume their security tasks, the armed forces shall return to their barracks.
5. The armed forces intelligence shall be reorganized to serve military objectives exclusively.
D. The problem of the Lebanese evacuees shall be solved fundamentally, and the right of every Lebanese evicted since 1975 to return to the place from which he was evicted shall be established. Legislation to guarantee this right and to insure the means of reconstruction shall be issued. Considering that the objective of the State of Lebanon is to spread its authority over all the Lebanese territories through its own forces, represented primarily by the internal security forces, and in view of the fraternal relations binding Syria to Lebanon, the Syrian forces shall thankfully assist the forces of the legitimate Lebanese government to spread the authority of the State of Lebanon within a set period of no more than 2 years, beginning with ratification of the national accord charter, election of the president of the republic, formation of the national accord cabinet, and approval of the political reforms constitutionally. At the end of this period, the two governments—the Syrian Government and the Lebanese National Accord Government—shall decide to redeploy the Syrian forces in Al-Biq'a area from Dahr al-Baydar to the Hammana-al-Mudayrij-'Ayn Darah line, and if necessary, at other points to be determined by a joint Lebanese-Syrian military committee. An agreement shall also be concluded by the two governments to determine the strength and duration of the presence of Syrian forces in the above-mentioned area and to define these forces' relationship with the Lebanese state authorities where the forces exist. The Arab Tripartite Committee is prepared to assist the two states, if they so wish, to develop this agreement.
Third, liberating Lebanon from the Israeli occupation: Regaining state authority over the territories extending to the internationally recognized Lebanese borders requires the following:
A. Efforts to implement resolution 425 and the other UN Security Council resolutions calling for fully eliminating the Israeli occupation.
B. Adherence to the truce agreement concluded on 23 March 1949.
C. Taking all the steps necessary to liberate all Lebanese territories from the Israeli occupation, to spread state sovereignty over all the territories, and to deploy the Lebanese army in the border area adjacent to Israel; and making efforts to reinforce the presence of the UN forces in South Lebanon to insure the Israeli withdrawal and to provide the opportunity for the return of security and stability to the border area.
Fourth, Lebanese-Syrian Relations: Lebanon, with its Arab identity, is tied to all the Arab countries by true fraternal relations. Between Lebanon and Syria there is a special relationship that derives its strength from the roots of blood relationships, history, and joint fraternal interests. This is the concept on which the two countries' coordination and cooperation is founded, and which will be embodied by the agreements between the two countries in all areas, in a manner that accomplishes the two fraternal countries' interests within the framework of the sovereignty and independence of each of them. Therefore, and because strengthening the bases of security creates the climate needed to develop these bonds, Lebanon should not be allowed to constitute a source of threat to Syria's security, and Syria should not be allowed to constitute a source of threat to Lebanon's security under any circumstances. Consequently, Lebanon should not allow itself to become a pathway or a base for any force, state, or organization seeking to undermine its security or Syria's security. Syria, which is eager for Lebanon's security, independence, and unity and for harmony among its citizens, should not permit any act that poses a threat to Lebanon's security, independence, and sovereignty.
Source: Center for Democracy and the Rule of Law, Campaign for Good Governance in Lebanon, http://www.cggl.org/scripts/document.asp?id=46228.
Bush Announcement of Troop Deployments
On August 8, 1990, President Bush delivered a televised address from the Oval Office on his decision to send U.S. military forces to Saudi Arabia to help it defend itself against possible aggressive actions by Iraq.
In the life of a nation, we’re called upon to define who we are and what we believe. Sometimes, these choices are not easy. But today, as president, I ask for your support in a decision I’ve made to stand up for what’s right and condemn what’s wrong, all in the cause of peace.
At my direction, elements of the 82nd Airborne Division, as well as key units of the United States Air Force, are arriving today to take up defensive positions in Saudi Arabia. I took this action to assist the Saudi Arabian government in the defense of its homeland. No one commits American armed forces to a dangerous mission lightly, but after perhaps unparalleled international consultation and exhausting every alternative, it became necessary to take this action.
Let me tell you why. Less than a week ago in the early morning hours of August 2, Iraqi armed forces, without provocation or warning, invaded a peaceful Kuwait. Facing negligible resistance from its much smaller neighbor, Iraq’s tanks stormed in blitzkrieg fashion through Kuwait in a few short hours. With more than 100,000 troops, along with tanks, artillery, and surface-to-surface missiles, Iraq now occupies Kuwait.
This aggression came just hours after [Iraqi president] Saddam Hussein specifically assured numerous countries in the area that there would be no invasion. There is no justification whatsoever for this outrageous and brutal act of aggression.
A puppet regime, imposed from the outside, is unacceptable. The acquisition of territory by force is unacceptable.
No one, friend or foe, should doubt our desire for peace, and no one should underestimate our determination to confront aggression.
Four simple principles guide our policy.
First, we seek the immediate, unconditional, and complete withdrawal of all Iraqi forces from Kuwait.
Second, Kuwait’s legitimate government must be restored to replace the puppet regime.
And third, my administration, as has been the case with every president from President [Franklin D.] Roosevelt to President [Ronald] Reagan, is committed to the security and stability of the Persian Gulf.
And fourth, I am determined to protect the lives of American citizens abroad.
Immediately after the Iraqi invasion, I ordered an embargo of all trade with Iraq, and, together with many other nations, announced sanctions that both froze all Iraqi assets in this country and protected Kuwait’s assets.
The stakes are high. Iraq is already a rich and powerful country that possesses the world’s second-largest reserves of oil and over a million men under arms. It’s the fourth largest military in the world.
Our country now imports nearly half the oil it consumes and could face a major threat to its economic independence. Much of the world is even more dependent on imported oil and is even more vulnerable to Iraqi threats.
We succeeded in the struggle for freedom in Europe because we and our allies remain stalwart. Keeping the peace in the Middle East will require no less.
We’re beginning a new era. This new era can be full of promise, an age of freedom, a time of peace for all peoples. But if history teaches us anything, it is that we must resist aggression, or it will destroy our freedoms.
Appeasement does not work. As was the case in the 1930s, we see in Saddam Hussein an aggressive dictator threatening his neighbors. Only fourteen days ago, Saddam Hussein promised his friends he would not invade Kuwait. And four days ago, he promised the world he would withdraw. And twice we have seen what his promises mean. His promises mean nothing.
In the last few days I’ve spoken with political leaders from the Middle East, Europe, Asia, the Americas, and I’ve met with [British] Prime Minister [Margaret] Thatcher, [Canadian] Prime Minister [Brian] Mulroney, and NATO Secretary General [Manfred] Wöerner. And all agree that Iraq cannot be allowed to benefit from its invasion of Kuwait.
We agree that this is not an American problem or a European problem or a Middle East problem. It is the world’s problem, and that’s why soon after the Iraqi invasion, the United Nations Security Council, without dissent, condemned Iraq, calling for the immediate and unconditional withdrawal of its troops from Kuwait.
The Arab world, through both the Arab League and the Gulf Cooperation Council, courageously announced its opposition to Iraqi aggression. Japan, the United Kingdom, and France, and other governments around the world have imposed severe sanctions.
The Soviet Union and China ended all arms sales to Iraq, and this past Monday, the United Nations Security Council approved for the first time in twenty-three years mandatory sanctions under Chapter VII of the United Nations Charter.
These sanctions, now enshrined in international law, have the potential to deny Iraq the fruits of aggression, while sharply limiting its ability to either import or export anything of value, especially oil.
I pledge here today that the United States will do its part to see that these sanctions are effective and to induce Iraq to withdraw without delay from Kuwait. But we must recognize that Iraq may not stop using force to advance its ambitions.
Iraq has massed an enormous war machine on the Saudi border, capable of initiating hostilities with little or no additional preparation. Given the Iraqi government’s history of aggression against its own citizens as well as its neighbors, to assume Iraq will not attack again would be unwise and unrealistic. And therefore, after consulting with [Saudi] King Fahd, I sent Secretary of Defense Dick Cheney to discuss cooperative measures we could take.
Following those meetings, the Saudi government requested our help and I responded to that request by ordering U.S. air and ground forces to deploy to the kingdom of Saudi Arabia.
Let me be clear: The sovereign independence of Saudi Arabia is of vital interest to the United States. This decision, which I shared with the congressional leadership, grows out of the longstanding friendship and security relationship between the United States and Saudi Arabia. U.S. forces will work together with those of Saudi Arabia and other nations to preserve the integrity of Saudi Arabia and to deter further Iraqi aggression.
Through the presence, as well as through their training and exercises, these multinational forces will enhance the overall capability of Saudi armed forces to defend the kingdom.
I want to be clear about what we are doing and why. America does not seek conflict, nor do we seek to chart the destiny of other nations. But America will stand by her friends. The mission of our troops is wholly defensive. Hopefully, they will not be needed long.
They will not initiate hostilities, but they will defend themselves, the kingdom of Saudi Arabia, and other friends in the Persian Gulf.
We are working around the clock to deter Iraqi aggression and to enforce UN sanctions. I’m continuing my conversations with world leaders. Secretary of Defense Cheney has just returned from valuable consultations with President [Hosni] Mubarak of Egypt and King Hassan of Morocco. Secretary of State [James A.] Baker [III] has consulted with his counterparts in many nations, including the Soviet Union. And today he heads for Europe to consult with President [Turgut] Ozal of Turkey, a staunch friend of the United States. And he’ll then consult with the NATO foreign ministers.
I will ask oil-producing nations to do what they can to increase production in order to minimize any impact that oil-flow reductions will have on the world economy. And I will explore whether we and our allies should draw down our strategic petroleum reserves.
Conservation measures can also help. Americans everywhere must do their part.
And one more thing: I’m asking the oil companies to do their fair share. They should show restraint and not abuse today’s uncertainties to raise prices. Standing up for our principles will not come easy. It may take time and possibly cost a great deal, but we are asking no more of anyone than of the brave young men and women of our armed forces and their families, and I ask that—and the churches around the country—prayers be said for those who are committed to protect and defend America’s interests.
Standing up for our principles is an American tradition. As it has so many times before, it may take time and tremendous effort, but most of all, it will take unity of purpose. As I’ve witnessed throughout my life in both war and peace, America has never wavered when her purpose is driven by principle, and on this August day, at home and abroad, I know she will do no less.
Thank you, and God bless the United States of America.
UN Security Council Resolution 678
On November 29, 1990, the UN Security Council passed Resolution 678. It authorized member nations to use ìall necessary meansî after January 15, 1991, to force Iraq to withdraw from Kuwait and comply with all UN Security Council resolutions related to its aggression. The vote was 12-2 with 1 abstention.
The Security Council,
Recalling and reaffirming its resolutions 660 (1990), 661 (1990), 662 (1990), 664 (1990), 665 (1990), 666 (1990), 667 (1990), 669 (1990), 670 (1990) and 674 (1990),
Noting that, despite all efforts by the United Nations, Iraq refuses to comply with its obligation to implement resolution 660 (1990) and the above subsequent relevant resolutions, in flagrant contempt of the Council,
Mindful of its duties and responsibilities under the Charter of the United Nations for the maintenance and preservation of international peace and security,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to do so;
2. Authorizes Member States cooperating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement Security Council resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;
3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of this resolution;
4. Requests the States concerned to keep the Council regularly informed on the progress of actions undertaken pursuant to paragraph 2 and 3 of this resolution;
5. Decides to remain seized of the matter.
Baker and Aziz Geneva Statements
On January 9, 1991, U.S. secretary of state James A. Baker III and Iraqi foreign minister Tariq Aziz met in Geneva for six and a half hours to seek a peaceful resolution to the Gulf crisis. After their meeting, at which neither side made concessions, Baker and Aziz held consecutive press conferences to explain their positions and give their appraisals of the meeting. Baker appeared first. Following are the opening statements of Baker and Aziz to reporters.
Baker Statement
I have just given President Bush a full report of our meeting today. I told him that Minister Aziz and I had completed a serious and extended diplomatic conversation in an effort to find a political solution to the crisis in the gulf. I met with Minister Aziz today not to negotiate, as we had made clear we would not do, that is, negotiate backwards from United Nations Security Council resolutions, but I met with him today to communicate. And ìcommunicateî means listening as well as talking. And we did that, both of us.
The message that I conveyed from President Bush and our coalition partners was that Iraq must either comply with the will of the international community and withdraw peacefully from Kuwait or be expelled by force.
Regrettably, ladies and gentlemen, I heard nothing today that—in over six hours I heard nothing that suggested to me any Iraqi flexibility whatsoever on complying with the United Nations Security Council resolutions.
There have been too many Iraqi miscalculations. The Iraqi Government miscalculated the international response to the invasion of Kuwait, expecting the world community to stand idly by while Iraqi forces systematically pillaged a peaceful neighbor. It miscalculated the response, I think, to the barbaric policy of holding thousands of foreign hostages, thinking that somehow cynically doling them out a few at a time would somehow win political advantage, and it miscalculated that it could divide the international community and gain something thereby from its aggression.
So let us hope that Iraq does not miscalculate again. The Iraqi leadership must have no doubt that the twenty-eight nations which have deployed forces to the gulf in support of the United Nations have both the power and will to evict Iraq from Kuwait.
If it should choose—and the choice is Iraq’s—if it should chose to continue its brutal occupation of Kuwait, Iraq will be choosing a military confrontation which it cannot win, and which will have devastating consequences for Iraq.
I made these points with Minister Aziz not to threaten but to inform, and I did so with no sense of satisfaction. For we genuinely desire a peaceful outcome, and as both President Bush and I have said on many occasions, the people of the United States have no quarrel with the people of Iraq.
I simply wanted to leave as little room as possible for yet another tragic miscalculation by the Iraqi leadership. And I would suggest to you, ladies and gentlemen, that this is still a confrontation that Iraq can avoid.
The path of peace remains open, and that path is laid out very clearly in twelve United Nations Security Council resolutions adopted over a period of over five months. But now the choice lies with the Iraqi leadership. The choice really is theirs to make. And let us all hope that that leadership will have the wisdom to choose the path of peace.
Aziz Statement
If we had an earlier opportunity, several months ago, I told the Secretary that we might have been able to remove a lot of misunderstandings between us—there was a chance, or there is a chance, for that. Because he spoke at length about his government’s assumptions of miscalculations by Iraq—and when I came to that point, I made it clear to him that we have not made miscalculations. We are very well aware of the situation. We have been very well aware of the situation from the very beginning.
And I told him that we have heard a lot of talk on his side and on the side of President Bush that the Iraqis have not got the message, they don’t know what’s going around them. ... I told him if we had met several months ago, I would have told you that we do know everything. We know what the deployment of your forces in the region mean [sic]; we know what the resolutions you imposed on the Security Council mean; and we know all the facts about the situation—the political facts, the military facts, and the other facts. So talking about miscalculation is incorrect.
I hear Secretary Baker describing our meeting in form and I say also that from the professional point of view, it was a serious meeting. We both listened to each other very carefully. We both gave each other enough time to explaining [sic] the views we wanted to explain—to convey the information we wanted to convey. From this aspect, about this aspect of the talks, I am satisfied.
But we had grave, or big differences about the issues we addressed. Mr. Baker reiterated the very well-known American position. He is interested in one question only; that’s the situation in the Gulf, and the Security Council resolutions about that situation. I told him very clearly, and I repeated my idea and explained it at length, that what is at stake in our region is peace, security, and stability. What’s at stake is the fate of the whole region ... which has been suffering from wars, instabilities, hardships, for several decades.
If you are ready to bring about peace to the region—comprehensive, lasting, just peace to the whole region of the Middle East—we are ready to cooperate. I told him I have no problem with the international legality. I have no problem with the principles of justice and fairness.
Concerning the new world order, or the international world order, I said I have no problem with that order. And we would love to be partners in that order. But that order has to be implemented justly, and in all cases, not using that order in a single manner, in a selective manner, impose it on a certain case ... and neglect the other issues and not show sincerity and seriousness about implementing it on other issues.
He said that he does not believe that what happened on the 2d of August and later was for the cause of the Palestinian question, or to help the Palestinians. I explained to him the history of Iraq’s interest in the Palestinian question. I explained to him that the Palestinian question is a matter of national security to Iraq. If the Palestinian question is not resolved, we do not feel secure in our country.
And I told him that the United States actually implemented embargo on Iraq before the 2d of August. We had dealings with the United States in the field of foodstuffs; we used to buy more than a billion dollars of American products. And we were faithful and accurate in our dealing with the American relative institutions. Early in 1990, the American administration suspended that deal, which was profitable to both sides. And we were denied food from the United States.
Then the United States government decided to deny Iraq the purchase of a very large list of items. That was done also by the British government and other Western governments. So the boycott was there before the 2d of August. The threat to the security of Iraq was there before the 2d of August. The threat to the Palestinians was there before that date. The threat to the security of Jordan was there before that date.
If the matter is the implementation or the respect of ... Security Council resolutions, we have a number of resolutions about the Palestinian question. They have been neglected for decades. The last two important resolutions, 242 and 338. The first was adopted in 1967, the other in 1973, and they are not yet implemented. And the United States and members of the coalition ... have not sent troops to impose the implementation of those resolutions. They have not taken measures against Israel.
On the contrary, the United States Government has covered the Israeli position, protected it politically at the Security Council and that’s very well known to everybody. And the United States Government still supplies Israel with military and financial means to stick to its intransigence. So if the matter is respect of international law, Security Council resolutions, we would like you to show the same attention to all Security Council resolutions. And if you do that, a lot of differences between us will be removed.
Concerning the threats—or no threats, which the Secretary referred to and has addressed to you—the tone of his language was diplomatic and polite. I reciprocated. But the substance was full of threats. And I told him, also in substance, that we will not yield to threats. We would like to have genuine constructive dialogue ... in order to make peace in the region and between our two nations.
You hear that I declined to receive the letter from President Bush to my president. At the beginning of the meeting, Secretary Baker told me that he carries a letter from his president to my president, and he handed over a copy to me. I told him I want to read this letter first. And I read it ... carefully and slowly, and I knew what it was about. I told him I am sorry, I cannot receive this letter.
And the reason is that the language in this letter is not compatible with the language that should be used in correspondence between heads of state. I have no objection that Mr. Bush would state his position very clearly. But when a head of state writes to another head of state a letter, and if he really intends to make peace with that head of state or reach genuine understanding, he should use a polite language. Therefore, because the language of the letter was contrary to the traditions of correspondence between heads of state, I declined to receive it.
Congress Authorizes Use of Force
On January 12, 1991, Congress adopted H J Res 77, which authorized the use of military force against Iraq. The House approved the resolution by a vote of 250-183. The Senate approved the measure (originally introduced as S J Res 2) by a vote of 52-47.
To authorize the use of United States Armed Forces pursuant to United Nations Security Council resolution 678.
Whereas the Government of Iraq without provocation invaded and occupied the territory of Kuwait on August 2, 1990; and
Whereas both the House of Representatives (in HJ Res. 658 of the 101st Congress) and the Senate (in S Con Res. 147 of the 101st Congress) have condemned Iraq’s invasion of Kuwait and declared their support for international action to reverse Iraq’s aggression; and
Whereas, Iraq’s conventional, chemical, biological, and nuclear weapons and ballistic missile programs and its demonstrated willingness to use weapons of mass destruction pose a grave threat to world peace; and
Whereas the international community has demanded that Iraq withdraw unconditionally and immediately from Kuwait and that Kuwait’s independence and legitimate government be restored; and
Whereas the UN Security Council repeatedly affirmed the inherent right of individual or collective self-defense in response to the armed attack by Iraq against Kuwait in accordance with Article 51 of the UN Charter; and
Whereas, in the absence of full compliance by Iraq with its resolutions, the UN Security Council in Resolution 678 has authorized member states of the United Nations to use all necessary means, after January 15, 1991, to uphold and implement all relevant Security Council resolutions and to restore international peace and security in the area; and
Whereas Iraq has persisted in its illegal occupation of, and brutal aggression against, Kuwait: Now, therefore be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short Title. This joint resolution may be cited as the ìAuthorization for Use of Military Force Against Iraq Resolution.î
Section 2. Authorization for Use of United States Armed Forces
(a) AUTHORIZATION. The President is authorized, subject to subsection (b), to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.
(b) REQUIREMENT FOR DETERMINATION THAT USE OF MILITARY FORCE IS NECESSARY. Before exercising the authority granted in subsection (a), the President shall make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that (1) the United States has used all appropriate diplomatic and other peaceful means to obtain compliance by Iraq with the United Nations Security Council resolutions cited in subsection (a); and (2) that those efforts have not been successful in obtaining such compliance.
(c) WAR POWERS RESOLUTION REQUIREMENTS.
(1) SPECIFIC STATUTORY AUTHORIZATION. Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS. Nothing in this resolution supersedes any requirement of the War Powers Resolution.
Section 3. REPORTS TO CONGRESS.
At least once every 60 days, the President shall submit to the Congress a summary on the status of efforts to obtain compliance by Iraq with the resolutions adopted by the United Nations Security Council in response to Iraq’s aggression.
On January 16, 1991, President Bush addressed the nation from the Oval Office at 9:00 p.m. EST, a few hours after the beginning of a multinational bombing campaign against Iraq and Iraqi forces in Kuwait. The bombing was the first phase of the military plan developed by the United States and its coalition allies to expel Iraq from Kuwait.
Just two hours ago, allied air forces began an attack on military targets in Iraq and Kuwait. These attacks continue as I speak. Ground forces are not engaged.
This conflict started August 2 when the dictator of Iraq invaded a small and helpless neighbor. Kuwait, a member of the Arab League and a member of the United Nations, was crushed, its people brutalized.
Five months ago, Saddam Hussein started this cruel war against Kuwait. Tonight the battle has been joined.
This military action, taken in accord with United Nations resolutions and with the consent of the United States Congress, follows months of constant and virtually endless diplomatic activity on the part of the United Nations, the United States, and many, many other countries.
Arab leaders sought what became known as an Arab solution, only to conclude that Saddam Hussein was unwilling to leave Kuwait. Others traveled to Baghdad in a variety of efforts to restore peace and justice.
Our Secretary of State James [A.] Baker [III] held an historic meeting in Geneva, only to be totally rebuffed.
This past weekend, in a last ditch effort, the secretary-general of the United Nations went to the Middle East with peace in his heart—his second such mission. And he came back from Baghdad with no progress at all in getting Saddam Hussein to withdraw from Kuwait.
Now, the twenty-eight countries with forces in the Gulf area have exhausted all reasonable efforts to reach a peaceful resolution [and] have no choice but to drive Saddam from Kuwait by force. We will not fail.
As I report to you, air attacks are under way against military targets in Iraq. We are determined to knock out Saddam Hussein’s nuclear bomb potential. We will also destroy his chemical weapons facilities. Much of Saddam’s artillery and tanks will be destroyed. Our operations are designed to best protect the lives of all the coalition forces by targeting Saddam’s vast military arsenal.
Initial reports from General [H. Norman] Schwarzkopf are that our operations are proceeding according to plan. Our objectives are clear: Saddam Hussein’s forces will leave Kuwait, the legitimate government of Kuwait will be restored to its rightful place, and Kuwait will once again be free.
Iraq will eventually comply with all relevant United Nations resolutions, and then, when peace is restored, it is our hope that Iraq will live as a peaceful and cooperative member of the family of nations, thus enhancing the security and stability of the Gulf.
Some may ask, why act now? Why not wait? The answer is clear. The world could wait no longer. Sanctions, though having some effect, showed no signs of accomplishing their objective. Sanctions were tried for well over five months, and we and our allies concluded that sanctions alone would not force Saddam from Kuwait.
While the world waited, Saddam Hussein systematically raped, pillaged, and plundered a tiny nation, no threat to his own. He subjected the people of Kuwait to unspeakable atrocities, and among those maimed and murdered, innocent children.
While the world waited, Saddam sought to add to the chemical weapons arsenal he now possesses an infinitely more dangerous weapon of mass destruction, a nuclear weapon. And while the world waited, while the world talked peace and withdrawal, Saddam Hussein dug in and moved massive forces into Kuwait. While the world waited, while Saddam stalled, more damage was being done to the fragile economies of the Third World, the emerging democracies of Eastern Europe, to the entire world, including to our own economy. The United States, together with the United Nations, exhausted every means at our disposal to bring this crisis to a peaceful end. However, Saddam clearly felt that by stalling and threatening and defying the United Nations, he could weaken the forces arrayed against him. While the world waited, Saddam Hussein met every overture of peace with open contempt. While the world prayed for peace, Saddam prepared for war.
I had hoped that when the United States Congress, in historic debate, took its resolute action, Saddam would realize he could not prevail and would move out of Kuwait in accord with the United Nations resolutions. He did not do that. Instead, he remained intransigent, certain that time was on his side. Saddam was warned over and over again to comply with the will of the United Nations, leave Kuwait or be driven out. Saddam has arrogantly rejected all warnings. Instead he tried to make this a dispute between Iraq and the United States of America. Well, he failed.
Tonight twenty-eight nations, countries from five continents—Europe and Asia, Africa, and the Arab League —have forces in the Gulf area, standing shoulder to shoulder against Saddam Hussein. These countries had hoped the use of force could be avoided. Regrettably, we now believe that only force will make him leave.
Prior to ordering our forces into battle, I instructed our military commanders to take every necessary step to prevail as quickly as possible and with the greatest degree of protection possible for American and allied servicemen and women.
I’ve told the American people before that this will not be another Vietnam, and I repeat this here tonight. Our troops will have the best possible support in the entire world, and they will not be asked to fight with one hand tied behind their back.
I’m hopeful that this fighting will not go on for long and that casualties will be held to an absolute minimum. This is an historic moment. We have in this past year made great progress in ending the long era of conflict and cold war. We have before us the opportunity to forge for ourselves and for future generations a new world order, a world where the rule of law, not the law of the jungle, governs the conduct of nations.
When we are successful—and we will be—we have a real chance at this new world order, an order in which a credible United Nations can use its peacekeeping role to fulfill the promise envisioned of the UN’s founders. We have no argument with the people of Iraq; indeed, for the innocents caught in this conflict, I pray for their safety. Our goal is not the conquest of Iraq; it is the liberation of Kuwait. It is my hope that somehow the Iraqi people can even now convince their dictator that he must lay down his arms, leave Kuwait and let Iraq itself rejoin the family of peace-loving nations.
Thomas Paine wrote many years ago, ìThese are the times that try men’s souls.î Those well-known words are so very true today, but even as planes of the multinational forces attack Iraq, I prefer to think of peace, not war. I am convinced not only that we will prevail, but that out of the horror of combat will come the recognition that no nation can stand against a world united, no nation will be permitted to brutally assault its neighbor.
No president can easily commit our sons and daughters to war. They are the nation’s finest. Ours is an all-volunteer force, magnificently trained, highly motivated. The troops know why they’re there, and listen to what they say, for they’ve said it better than any president or prime minister ever could. Listen to Hollywood Huddleston, Marine lance corporal. He says: ìLet’s free these people so we can go home and be free again.î
He’s right. The terrible crimes and tortures committed by Saddam’s henchmen against the innocent people of Kuwait are an affront to mankind and a challenge to the freedom of all.
Listen to one of our great officers out there, Marine Lt. Gen. Walter Boomer. He said: ìThere are things worth fighting for. A world in which brutality and lawlessness are allowed to go unchecked isn’t the kind of world we’re going to want to live in.î
Listen to Master Sgt. J. P. Kendall of the 82nd Airborne: ìWe’re here for more than just the price of a gallon of gas. What we’re doing is going to chart the future of the world for the next 100 years. It’s better to deal with this guy now than five years from now.î
And finally we should all sit up and listen to Jackie Jones, an Army lieutenant, when she says: ìIf we let him get away with this, who knows what’s going to be next.î
I have called upon Hollywood and Walter and J. P. and Jackie and all their courageous comrades in arms to do what must be done. Tonight, America and the world are deeply grateful to them and to their families. And let me say to everyone listening or watching tonight, when the troops we’ve sent in finish their work, I am determined to bring them home as soon as possible.
Tonight, as our forces fight, they and their families are in our prayers. May God bless each and every one of them, and the coalition forces at our side in the Gulf, and may he continue to bless our nation, the United States of America.
Saddam Hussein Announces Withdrawal
On February 26, 1991, Iraqi president Saddam Hussein delivered a defiant speech over Baghdad radio announcing the withdrawal of Iraqi troops from Kuwait. Most Iraqi forces already were in full retreat when the announcement was broadcast. Following is the text of the speech as translated by the Foreign Broadcast Information Service.
In the name of God, the merciful, the compassionate.
O great people; O stalwart men in the forces of holy war and faith, glorious men of the mother of battles; O zealous, faithful and sincere people in our glorious nations, and among all Muslims and all virtuous people in the world; O glorious Iraqi women:
In such circumstances and times, it is difficult to talk about all that which should be talked about, and it is difficult to recall all that which has to be recalled. Despite this, we have to remind of what has to be reminded of, and say part—a principal part—of what should be said.
We start by saying that on this day, our valiant armed forces will complete their withdrawal from Kuwait. And on this day our fight against aggression and the ranks of infidelity, joined in an ugly coalition comprising 30 countries, which officially entered war against us under the leadership of the United States of America—our fight against them would have lasted from the first month of this year, starting with the night of 16-17 [January], until this moment in the current month, February of this year.
It was an epic duel which lasted for two months, which came to clearly confirm a lesson that God has wanted as a prelude of faith, impregnability and capability for the faithful, and a prelude of an [abyss], weakness and humiliation which God Almighty has wanted for the infidels, the criminals, the traitors, the corrupt and the deviators.
To be added to this time is the time of the military and nonmilitary duel, including the military and the economic blockade, which was imposed on Iraq and which lasted throughout 1990 until today, and until the time God Almighty wishes it to last.
Before that, the duel lasted, in other forms, for years before this period of time. It was an epic struggle between right and wrong; we have talked about this in detail on previous occasions.
It gave depth to the age of the showdown for the year 1990, and the already elapsed part of the year 1991.
Hence, we do not forget, because we will not forget this great struggling spirit, by which men of great faith stormed the fortifications and the weapons of deception and the Croesus [Kuwaiti rulers] treachery on the honorable day of the call. They did what they did within the context of legitimate deterrence and great principled action.
All that we have gone through or decided within its circumstances, obeying God’s will and choosing a position of faith and chivalry, is a record of honor, the significance of which will not be missed by the people and nation and the values of Islam and humanity.
Their days will continue to be glorious and their past and future will continue to relate the story of a faithful, jealous and patient people, who believed in the will of God and in the values and stands accepted by the Almighty for the Arab nation in its leading role and for the Islamic nation in the essentials of its true faith and how they should be.
These values—which had their effect in all those situations, offered the sacrifices they had offered in the struggle, and symbolized the depth of the faithful character in Iraq—will continue to leave their effects on the souls.
They will continue to reap their harvest, not only in terms of direct targets represented in the slogans of their age—whether in the conflict between the oppressed poor and the unjust and opportunist rich, or between faith and blasphemy, or between injustice, deception and treachery on the one hand and fairness, justice, honesty and loyalty on the other—but also the indirect targets as well.
This will shake the opposite ranks and cause them to collapse after everything has become clear. This will also add faith to the faithful now that the minds and eyes have been opened and the hearts are longing for what the principles, values and stances should long for and belong to.
The stage that preceded the great day of the call on 2 August 1990, had its own standards, including dealing with what is familiar and inherited during the bad times, whether on the level of relations between the ruler and the ruled, or between the leader and the people he leads.
The relations between the foreigners among the ranks of infidelity and oppression and among the region’s states and the world had their own standards, effects and privileges that were created by the Arab homeland’s circumstances, and which were facilitated by propaganda, which no one could expose more than it has now been exposed.
The conflict was exacerbated by the vacuum that was created by the weakness of one of the two poles that used to represent the two opposite lines in the world. However, after the second of August 1990, new concepts and standards were created.
This was preceded by a new outlook in all walks of life, in relations among peoples, relations among states, and the relations between the ruler and the ruled, and by standards of faith and positions; patriotism, pan-Arabism, and humanitarianism; holy war, faith, Islam, fear and non-fear; restlessness and tranquillity; manhood and its opposite; struggle, holy war and sacrifice, and readiness to do good things and their opposite.
When new measures spring forth and the familiar, failed, traitorous, subservient and corrupt [people], and tyrants are rejected, then the opportunity for the cultivation of the pure soil will increase in its scope, and the seeds of this plant will take root deep in the good land of the revelation and the messages, and the land of prophets.
God says: ìLike a goodly tree, whose root is firmly fixed, and its branches reach to the heavens. It brings forth its fruit at all times, by the leave of its Lord.î [Qur’anic verses]
Then everything will become possible on the road of goodness and happiness that is not defiled by the feet of the invaders nor by their evil will or the corruption of the corrupt among those who have been corrupted, and who spread corruption in the land of the Arabs.
Moreover, the forces of plotting and treachery will be defeated for good. Good people and those who are distinguished by their faith and by their faithful, honorable stands of holy war will become the real leaders of the gathering of the faithful everywhere on earth, and the gathering of corruption, falsehood, hypocrisy and infidelity will be defeated and meet the vilest fate.
The earth will be inherited, at God’s order, by His righteous slaves. ìFor the earth is God’s, to give as a heritage to such of his servants as he pleaseth; and the end is best for the righteous.î [Qur’anic verses]
When this happens, the near objectives will not only be within reach, available and possible, but also the doors will be open without any hindrance which might prevent the achievement of all the greater, remoter and more comprehensive objectives, to the Arabs, Muslims and humanity at large.
Then, also it will be clear that the harvest does not precede the seeding, and that the threshing floor and the yield are the outcome of successful seeding and a successful harvest.
The harvest in the mother of battles has succeeded. After we have harvested what we have harvested, the greater harvest and its yield will be in the time to come, and it will be much greater than what we have at present, in spite of what we have at present in terms of the victory, dignity and glory that was based on the sacrifices of a deep faith which is generous without any hesitation or fear.
It is by virtue of this faith that God has bestowed dignity upon the Iraqi mujahedeen, and upon all the depth of this course of holy war at the level of the Arab homeland and at the level of all those men whom God has chosen to be given the honor of allegiance, guidance and honorable position, until He declares that the conflict has stopped, or amends its directions and course and the positions in a manner which would please the faithful and increase their dignity.
O valiant Iraqi men, O glorious Iraqi women. Kuwait is part of your country and was carved from it in the past.
Circumstances today have willed that it remain the state in which it will remain after the withdrawal of our struggling forces from it. It hurts you that this should happen.
We rejoiced on the day of the call when it was decided that Kuwait should be one of the main gates for deterring the plot and for defending all Iraq from the plotters. We say that we will remember Kuwait on the great day of the call, on the days that followed it, and in documents and events, some of which date back 70 years.
The Iraqis will remember and will not forget that on 8 August 1990, Kuwait became part of Iraq legally, constitutionally and actually. They remember and will not forget that it remained throughout this period from 8 August 1990, and until last night, when withdrawal began, and today we will complete withdrawal of our forces, God willing.
Today certain circumstances made the Iraqi Army withdraw as a result of the ramifications which we mentioned, including the combined aggression by 30 countries. Their repugnant siege has been led in evil and aggression by the machine and the criminal entity of America and its major allies.
These malicious ranks took the depth and effectiveness of their aggressiveness not only from their aggressive premeditated intentions against Iraq, the Arab nation and Islam, but also from the position of those who were deceived by the claim of international legitimacy.
Everyone will remember that the gates of Constantinople were not opened before the Muslims in the first struggling attempt, and that the international community [placed] dear Palestine’s freedom and independence in oblivion.
Whatever the suspect parties try, by virtue of the sacrifices and struggle of the Palestinians and Iraqis, Palestine has returned anew to knock at the doors closed on evil.
Palestine returned to knock on those doors to force the tyrants and the traitors to a solution that would place it at the forefront of the issues that have to be resolved; a solution that would bring dignity to its people and provide better chances for better progress.
The issue of poverty and richness, fairness and unfairness, faith and infidelity, treachery and honesty and sincerity, have become titles corresponding to rare events and well-known people and trends that give priority to what is positive over what is negative, to what is sincere over what is treacherous and filthy, and to what is pure and honorable over what is corrupt, base and lowly. The confidence of the nationalists and the faithful mujahedeen and the Muslims has grown bigger than before, and great hope more and more.
Slogans have come out of their stores to strongly occupy the facades of the pan-Arab and human holy war and struggle. Therefore, victory is [great] now and in the future, God willing.
Shout for victory, O brothers; shout for your victory and the victory of all honorable people, O Iraqis. You have fought 30 countries, and all the evil and the largest machine of war and destruction in the world that surrounds them. If only one of these countries threatens anyone, this threat will have a swift and direct effect on the dignity, freedom, life, or freedom of this country, people and nation.
The soldiers of faith have triumphed over the soldiers of wrong, O stalwart men. Your God is the one who granted your victory. You triumphed when you rejected, in the name of faith, the will of evil which the evildoers wanted to impose on you to kill the fire of faith in your hearts.
You have chosen the path which you have chosen, including the acceptance of the Soviet initiative, but those evildoers persisted in their path and methods, thinking that they can impose their will on their Iraq, as they imagined and hoped.
This hope of theirs may remain in their heads, even after we withdraw from Kuwait. Therefore, we must be cautious, and preparedness to fight must remain at the highest level.
O you valiant men; you have fought the armies of 30 states and the capabilities of an even greater number of states which supplied them with the means of aggression and support. Faith, belief, hope and determination continue to fill your chests, souls and hearts.
They have even become deeper, stronger, brighter and more deeply rooted. God is great; God is great; may the lowly be defeated.
Victory is sweet with the help of God.
Bush Announcement of Cease-Fire
On February 27, 1991, President George Bush delivered a televised speech from the White House in which he announced the liberation of Kuwait and a cease-fire in the Persian Gulf War.
Kuwait is liberated. Iraq’s army is defeated. Our military objectives are met. Kuwait is once more in the hands of Kuwaitis, in control of their own destiny. We share in their joy, a joy tempered only by our compassion for their ordeal.
Tonight, the Kuwaiti flag once again flies above the capital of a free and sovereign nation, and the American flag flies above our embassy.
Seven months ago, America and the world drew a line in the sand. We declared that the aggression against Kuwait would not stand, and tonight America and the world have kept their word.
This is not a time of euphoria, certainly not a time to gloat. But it is a time of pride: pride in our troops, pride in the friends who stood with us in the crisis, pride in our nation and the people whose strength and resolve made victory quick, decisive, and just. And soon, we will open wide our arms to welcome back home to America our magnificent fighting forces.
No one country can claim this victory as its own. It was not only a victory for Kuwait, but a victory for all the coalition partners.
This is a victory for the United Nations, for all mankind, for the rule of law, and for what is right.
After consulting with Secretary of Defense [Dick] Cheney, the chairman of the Joint Chiefs of Staff [Gen. Colin L.] Powell [Jr.], and our coalition partners, I am pleased to announce that at midnight tonight, Eastern Standard Time, exactly one hundred hours since ground operations commenced, and six weeks since the start of Operation Desert Storm, all United States and coalition forces will suspend offensive combat operations.
It is up to Iraq whether this suspension on the part of the coalition becomes a permanent cease-fire. Coalition political and military terms for a formal cease-fire include the following requirements:
Iraq must release immediately all coalition prisoners of war, third-country nationals, and the remains of all who have fallen.
Iraq must release all Kuwaiti detainees. Iraq also must inform Kuwaiti authorities of the location and nature of all land and sea mines.
Iraq must comply fully with all relevant United Nations Security Council resolutions. This includes a rescinding of Iraq’s August decision to annex Kuwait and acceptance in principle of Iraq’s responsibility to pay compensation for the loss, damage, and injury its aggression has caused.
The coalition calls upon the Iraqi government to designate military commanders to meet within forty-eight hours with their coalition counterparts, at a place in the theater of operations to be specified, to arrange for military aspects of the cease-fire.
Further, I have asked Secretary of State [James A.] Baker [III] to request that the United Nations Security Council meet to formulate the necessary arrangements for this war to be ended.
This suspension of offensive combat operations is contingent upon Iraq’s not firing upon any coalition forces, and not launching Scud missiles against any other country. If Iraq violates these terms, coalition forces will be free to resume military operations.
At every opportunity, I have said to the people of Iraq that our quarrel was not with them, but instead with their leadership, and above all with Saddam Hussein. This remains the case. You, the people of Iraq, are not our enemy. We do not seek your destruction. We have treated your POWs with kindness. Coalition forces fought this war only as a last resort, and looked forward to the day when Iraq is led by people prepared to live in peace with their neighbors.
We must now begin to look beyond victory and war. We must meet the challenge of securing the peace. In the future, as before, we will consult with our coalition partners. We’ve already done a good deal of thinking and planning for the postwar period.
And Secretary Baker has already begun to consult with our coalition partners on the region’s challenges. There can be and will be no solely American answer to all these challenges, but we can assist and support the countries of the region and be a catalyst for peace.
In this spirit, Secretary Baker will go to the region next week to begin a new round of consultations.
This war is now behind us. Ahead of us is the difficult task of securing a potentially historic peace. Tonight, though, let us be proud of what we have accomplished. Let us give thanks to those who risked their lives.
Let us never forget those who gave their lives.
May God bless our valiant military forces and their families, and let us all remember them in our prayers. Good night, and may God bless the United States of America.
Israel-PLO Recognition—Letters
Following are the three letters dated September 9, 1993, exchanged between Palestine Liberation Organization leader Yasir Arafat, Israeli prime minister Yitzhak Rabin, and the foreign minister of Norway, recognizing Israel’s right to exist and the PLO as the legitimate representative of the Palestinians.
Letter from Yasir Arafat to Yitzhak Rabin
September 9, 1993
Yitzhak Rabin
Prime Minister of Israel
Mr. Prime Minister,
The signing of the Declaration of Principles marks a new era in the history of the Middle East. In firm conviction thereof, I would like to confirm the following PLO commitments:
The PLO recognizes the right of the State of Israel to exist in peace and security.
The PLO accepts United Nations Security Council Resolutions 242 and 338.
The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations.
The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations and discipline violators.
In view of the promise of a new era and the signing of the Declaration of Principles and based on Palestinian acceptance of Security Council Resolutions 242 and 338, the PLO affirms that those articles of the Palestinian Covenant which deny Israel’s right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid. Consequently, the PLO undertakes to submit to the Palestinian National Council for formal approval the necessary changes in regard to the Palestinian Covenant.
Sincerely,
Yasir Arafat
Chairman
The Palestine Liberation Organization
Letter from Yasir Arafat to Norwegian foreign minister
September 9, 1993
His Excellency
Johan Jorgen Holst
Foreign Minister of Norway
Dear Minister Holst,
I would like to confirm to you that, upon the signing of the Declaration of Principles, the PLO encourages and calls upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, contributing to peace and stability and participating actively in shaping reconstruction, economic development and cooperation.
Sincerely,
Yasir Arafat
Chairman
The Palestine Liberation Organization
Letter from Yitzhak Rabin to Yasir Arafat
September 9, 1993
Yasir Arafat
Chairman
The Palestinian Liberation Organization
Mr. Chairman,
In response to your letter of September 9, 1993, I wish to confirm to you that, in light of the PLO commitments included in your letter, the Government of Israel has decided to recognize the PLO as the representative of the Palestinian people and commence negotiations with the PLO within the Middle East peace process.
Yitzhak Rabin
Prime Minister of Israel
Israeli-Palestinian Declaration of Principles
Following is the text of ìDeclaration of Principles on Interim Self-Government and Arrangements,î signed by Israeli foreign minister Shimon Peres and PLO foreign affairs spokesperson Mahmoud Abbas in Washington, D.C., on September 13, 1993.
The Government of the State of Israel and the P.L.O. team (in the Jordanian-Palestinian delegation to the Middle East Peace Conference) (the ìPalestinian Delegationî), representing the Palestinian people, agree that it is time to put an end to decades of confrontation and conflict, recognize their mutual legitimate and political rights, and strive to live in peaceful coexistence and mutual dignity and security and achieve a just, lasting and comprehensive peace settlement and historic reconciliation through the agreed political process. Accordingly, the two sides agree to the following principles:
Article I
Aim of the Negotiations
The aim of the Israeli-Palestinian negotiations within the current Middle East peace process is, among other things, to establish a Palestinian Interim Self-Government Authority, the elected Council (the ìCouncilî), for the Palestinian people in the West Bank and the Gaza Strip, for a transitional period not exceeding five years, leading to a permanent settlement based on Security Council Resolutions 242 and 338.
It is understood that the interim arrangements are an integral part of the whole peace process and that the negotiations on the permanent status will lead to the implementation of Security Council Resolutions 242 and 338.
Article II
Framework for the Interim Period
The agreed framework for the interim period is set forth in this Declaration of Principles.
Article III
Elections
1. In order that the Palestinian people in the West Bank and Gaza Strip may govern themselves according to democratic principles, direct, free and general political elections will be held for the Council under agreed supervision and international observation, while the Palestinian police will ensure public order.
2. An agreement will be concluded on the exact mode and conditions of the elections in accordance with the protocol attached as Annex I, with the goal of holding the elections not later than nine months after the entry into force of this Declaration of Principles.
3. These elections will constitute a significant interim preparatory step toward the realization of the legitimate rights of the Palestinian people and their just requirements.
Article IV
Jurisdiction
Jurisdiction of the Council will cover West Bank and Gaza Strip territory, except for issues that will be negotiated in the permanent status negotiations. The two sides view the West Bank and the Gaza Strip as a single territorial unit, whose integrity will be preserved during the interim period.
Article V
Transitional Period and Permanent Status Negotiations
1. The five-year transitional period will begin upon the withdrawal from the Gaza Strip and Jericho area.
2. Permanent status negotiations will commence as soon as possible, but not later than the beginning of the third year of the interim period, between the Government of Israel and the Palestinian people representatives.
3. It is understood that these negotiations shall cover remaining issues, including: Jerusalem, refugees, settlements, security arrangements, borders, relations and cooperation with other neighbors, and other issues of common interest.
4. The two parties agree that the outcome of the permanent status negotiations should not be prejudiced or preempted by agreements reached for the interim period.
Article VI
Preparatory Transfer of Powers and Responsibilities
1. Upon the entry into force of this Declaration of Principles and the withdrawal from the Gaza Strip and the Jericho area, a transfer of authority from the Israeli military government and its Civil Administration to the authorized Palestinians for this task, as detailed herein, will commence. This transfer of authority will be of a preparatory nature until the inauguration of the Council.
2. Immediately after the entry into force of this Declaration of Principles and the withdrawal from the Gaza Strip and Jericho area, with the view to promoting economic development in the West Bank and Gaza Strip, authority will be transferred to the Palestinians on the following spheres: education and culture, health, social welfare, direct taxation, and tourism. The Palestinian side will commence in building the Palestinian police force, as agreed upon. Pending the inauguration of the Council, the two parties may negotiate the transfer of additional powers and responsibilities, as agreed upon.
Article VII
Interim Agreement
1. The Israeli and Palestinian delegations will negotiate an agreement on the interim period (the ìInterim Agreementî).
2. The Interim Agreement shall specify, among other things, the structure of the Council, the number of its members, and the transfer of powers and responsibilities from the Israeli military government and its Civil Administration to the Council. The Interim Agreement shall also specify the Council’s executive authority, legislative authority in accordance with Article IX below, and the independent Palestinian judicial organs.
3. The Interim Agreement shall include arrangements, to be implemented upon the inauguration of the Council, for the assumption by the Council of all of the powers and responsibilities transferred previously in accordance with Article VI above.
4. In order to enable the Council to promote economic growth, upon its inauguration, the Council will establish, among other things, a Palestinian Electricity Authority, a Gaza Sea Port Authority, a Palestinian Development Bank, a Palestinian Export Promotion Board, a Palestinian Environmental Authority, a Palestinian Land Authority and a Palestinian Water Administration Authority, and any other Authorities agreed upon, in accordance with the Interim Agreement that will specify their powers and responsibilities.
5. After the inauguration of the Council, the Civil Administration will be dissolved, and the Israeli military government will be withdrawn.
Article VIII
Public Order and Security
In order to guarantee public order and internal security for the Palestinians of the West Bank and the Gaza Strip, the Council will establish a strong police force, while Israel will continue to carry the responsibility for defending against external threats, as well as the responsibility for overall security of Israelis for the purpose of safeguarding their internal security and public order.
Article IX
Laws and Military Orders
1. The Council will be empowered to legislate, in accordance with the Interim Agreement, within all authorities transferred to it.
2. Both parties will review jointly laws and military orders presently in force in remaining spheres.
Article X
Joint Israeli-Palestinian Liaison Committee
In order to provide for a smooth implementation of this Declaration of Principles and any subsequent agreements pertaining to the interim period, upon the entry into force of this Declaration of Principles, a Joint Israeli-Palestinian Liaison Committee will be established in order to deal with issues requiring coordination, other issues of common interest, and disputes.
Article XI
Israeli-Palestinian Cooperation in Economic Fields
Recognizing the mutual benefit of cooperation in promoting the development of the West Bank, the Gaza Strip and Israel, upon the entry into force of this Declaration of Principles, an Israeli-Palestinian Economic Cooperation Committee will be established in order to develop and implement in a cooperative manner the programs identified in the protocols attached as Annex III and Annex IV.
Article XII
Liaison and Cooperation with Jordan and Egypt
The two parties will invite the Governments of Jordan and Egypt to participate in establishing further liaison and cooperation arrangements between the Government of Israel and the Palestinian representatives, on the one hand, and the Governments of Jordan and Egypt, on the other hand, to promote cooperation between them. These arrangements will include the constitution of a Continuing Committee that will decide by agreement on the modalities of admission of persons displaced from the West Bank and Gaza Strip in 1967, together with necessary measures to prevent disruption and disorder. Other matters of common concern will be dealt with by this Committee.
Article XIII
Redeployment of Israeli Forces
1. After the entry into force of this Declaration of Principles, and not later than the eve of elections for the Council, a redeployment of Israeli military forces in the West Bank and the Gaza Strip will take place, in addition to withdrawal of Israeli forces carried out in accordance with Article XIV.
2. In redeploying its military forces, Israel will be guided by the principle that its military forces should be redeployed outside populated areas.
3. Further redeployments to specified locations will be gradually implemented commensurate with the assumption of responsibility for public order and internal security by the Palestinian police force pursuant to Article VIII above.
Article XIV
Israeli Withdrawal from the Gaza Strip and Jericho Area
Israel will withdraw from the Gaza Strip and Jericho area, as detailed in the protocol attached as Annex II.
Article XV
Resolution of Disputes
1. Disputes arising out of the application or interpretation of this Declaration of Principles, or any subsequent agreements pertaining to the interim period, shall be resolved by negotiations through the Joint Liaison Committee to be established pursuant to Article X above.
2. Disputes which cannot be settled by negotiations may be resolved by a mechanism of conciliation to be agreed upon by the parties.
3. The parties may agree to submit to arbitration disputes relating to the interim period, which cannot be settled through conciliation. To this end, upon the agreement of both parties, the parties will establish an Arbitration Committee.
Article XVI
Israeli-Palestinian Cooperation Concerning Regional Programs
Both parties view the multilateral working groups as an appropriate instrument for promoting a ìMarshall Plan,î the regional programs and other programs, including special programs for the West Bank and Gaza Strip, as indicated in the protocol attached as Annex IV.
Article XVII
Miscellaneous Provisions
1. This Declaration of Principles will enter into force one month after its signing.
2. All protocols annexed to this Declaration of Principles and Agreed Minutes pertaining thereto shall be regarded as an integral part hereof.
DONE at Washington, D.C., this thirteenth day of September, 1993.
Annex I
Protocol on the Mode and Conditions of Elections
1. Palestinians of Jerusalem who live there will have the right to participate in the election process, according to an agreement between the two sides.
2. In addition, the election agreement should cover, among other things, the following issues:
a. the system of elections;
b. the mode of the agreed supervision and international observation and their personal composition; and
c. rules and regulations regarding election campaign, including agreed arrangements for the organizing of mass media, and the possibility of licensing a broadcasting and TV station.
3. The future status of displaced Palestinians who were registered on 4th June 1967 will not be prejudiced because they are unable to participate in the election process due to practical reasons.
Annex II
Protocol on Withdrawal of Israeli Forces from the Gaza Strip and Jericho Area
1. The two sides will conclude and sign within two months from the date of entry into force of this Declaration of Principles, an agreement on the withdrawal of Israeli military forces from the Gaza Strip and Jericho area. This agreement will include comprehensive arrangements to apply in the Gaza Strip and the Jericho area subsequent to the Israeli withdrawal.
2. Israel will implement an accelerated and scheduled withdrawal of Israeli military forces from the Gaza Strip and Jericho area, beginning immediately with the signing of the agreement on the Gaza Strip and Jericho area and to be completed within a period not exceeding four months after the signing of this agreement.
3. The above agreement will include, among other things:
a. Arrangements for a smooth and peaceful transfer of authority from the Israeli military government and its Civil Administration to the Palestinian representatives.
b. Structure, powers and responsibilities of the Palestinian authority in these areas, except: external security, settlements, Israelis, foreign relations, and other mutually agreed matters.
c. Arrangements for the assumption of internal security and public order by the Palestinian police force consisting of police officers recruited locally and from abroad (holding Jordanian passports and Palestinian documents issued by Egypt). Those who will participate in the Palestinian police force coming from abroad should be trained as police and police officers.
d. A temporary international or foreign presence, as agreed upon.
e. Establishment of a joint Palestinian-Israeli Coordination and Cooperation Committee for mutual security purposes.
f. An economic development and stabilization program, including the establishment of an Emergency Fund, to encourage foreign investment, and financial and economic support. Both sides will coordinate and cooperate jointly and unilaterally with regional and international parties to support these aims.
g. Arrangements for a safe passage for persons and transportation between the Gaza Strip and Jericho area.
4. The above agreement will include arrangements for coordination between both parties regarding passages:
a. Gaza-Egypt; and
b. Jericho-Jordan.
5. The offices responsible for carrying out the powers and responsibilities of the Palestinian authority under this Annex II and Article VI of the Declaration of Principles will be located in the Gaza Strip and in the Jericho area pending the inauguration of the Council.
6. Other than these agreed arrangements, the status of the Gaza Strip and Jericho area will continue to be an integral part of the West Bank and Gaza Strip, and will not be changed in the interim period.
Annex III
Protocol on Israeli-Palestinian Cooperation in Economic and Development Programs
The two sides agree to establish an Israeli-Palestinian Continuing Committee for Economic Cooperation, focusing, among other things, on the following:
1. Cooperation in the field of water, including a Water Development Program prepared by experts from both sides, which will also specify the mode of cooperation in the management of water resources in the West Bank and Gaza Strip, and will include proposals for studies and plans on water rights of each party, as well as on the equitable utilization of joint water resources for implementation in and beyond the interim period.
2. Cooperation in the field of electricity, including an Electricity Development Program, which will specify the mode of cooperation for the production, maintenance, purchase and sale of electricity resources.
3. Cooperation in the field of energy, including an Energy Development Program, which will provide for the exploitation of oil and gas for industrial purposes, particularly in the Gaza Strip and in the Negev, and will encourage further joint exploitation of other energy resources. This Program may also provide for the construction of a Petrochemical industrial complex in the Gaza Strip and the construction of oil and gas pipelines.
4. Cooperation in the field of finance, including a Financial Development and Action Program for the encouragement of international investment in the West Bank and the Gaza Strip, and in Israel, as well as the establishment of a Palestinian Development Bank.
5. Cooperation in the field of transport and communications, including a Program, which will define guidelines for the establishment of a Gaza Sea Port Area, and will provide for the establishing of transport and communications lines to and from the West Bank and the Gaza Strip to Israel and to other countries. In addition, this Program will provide for carrying out the necessary construction of roads, railways, communications lines, etc.
6. Cooperation in the field of trade, including studies, and Trade Promotion Programs, which will encourage local, regional and inter-regional trade, as well as a feasibility study of creating free trade zones in the Gaza Strip and in Israel, mutual access to these zones, and cooperation in other areas related to trade and commerce.
7. Cooperation in the field of industry, including Industrial Development Programs, which will provide for the establishment of joint Israeli-Palestinian Industrial Research and Development Centers, will promote Palestinian-Israeli joint ventures, and provide guidelines for cooperation in the textile, food, pharmaceutical, electronics, diamonds, computer and science-based industries.
8. A program for cooperation in, and regulation of, labor relations and cooperation in social welfare issues.
9. A Human Resources Development and Cooperation Plan, providing for joint Israeli-Palestinian workshops and seminars, and for the establishment of joint vocational training centers, research institutes and data banks.
10. An Environmental Protection Plan, providing for joint and/or coordinated measures in this sphere.
11. A program for developing coordination and cooperation in the field of communication and media.
12. Any other programs of mutual interest.
Annex IV
Protocol on Israeli-Palestinian Cooperation Concerning Regional Development Programs
1. The two sides will cooperate in the context of the multilateral peace efforts in promoting a Development Program for the region, including the West Bank and the Gaza Strip, to be initiated by the G-7. The parties will request the G-7 to seek the participation in this program of other interested states, such as members of the Organization for Economic Cooperation and Development, regional Arab states and institutions, as well as members of the private sector.
2. The Development Program will consist of two elements:
a) an Economic Development Program for the West Bank and the Gaza Strip.
b) a Regional Economic Development Program.
A. The Economic Development Program for the West Bank and the Gaza Strip will consist of the following elements:
(1) A Social Rehabilitation Program, including a Housing and Construction Program.
(2) A Small and Medium Business Development Plan.
(3) An Infrastructure Development Program (water, electricity, transportation and communications, etc.).
(4) A Human Resources Plan.
(5) Other programs.
B. The Regional Economic Development Program may consist of the following elements:
(1) The establishment of a Middle East Development Fund, as a first step, and a Middle East Development Bank, as a second step.
(2) The development of a joint Israeli-Palestinian-Jordanian Plan for coordinated exploitation of the Dead Sea area.
(3) The Mediterranean Sea (Gaza)-Dead Sea Canal.
(4) Regional Desalinization and other water development projects.
(5) A regional plan for agricultural development, including a coordinated regional effort for the prevention of desertification.
(6) Interconnection of electricity grids.
(7) Regional cooperation for the transfer, distribution and industrial exploitation of gas, oil and other energy resources.
(8) A Regional Tourism, Transportation and Telecommunications Development Plan.
(9) Regional cooperation in other spheres.
3. The two sides will encourage the multilateral working groups, and will coordinate towards their success. The two parties will encourage intersessional activities, as well as pre-feasibility and feasibility studies, within the various multilateral working groups.
Agreed Minutes to the Declaration of Principles on Interim Self-Government Arrangements
A. General Understandings and Agreements
Any powers and responsibilities transferred to the Palestinians pursuant to the Declaration of Principles prior to the inauguration of the Council will be subject to the same principles pertaining to Article IV, as set out in these Agreed Minutes below.
B. Specific Understandings and Agreements
Article IV
It is understood that:
1. Jurisdiction of the Council will cover West Bank and Gaza Strip territory, except for issues that will be negotiated in the permanent status negotiations: Jerusalem, settlements, military locations, and Israelis.
2. The Council’s jurisdiction will apply with regard to the agreed powers, responsibilities, spheres and authorities transferred to it.
Article VI(2)
It is agreed that the transfer of authority will be as follows:
(1) The Palestinian side will inform the Israeli side of the names of the authorized Palestinians who will assume the powers, authorities and responsibilities that will be transferred to the Palestinians according to the Declaration of Principles in the following fields: education and culture, health, social welfare, direct taxation, tourism, and any other authorities agreed upon.
(2) It is understood that the rights and obligations of these offices will not be affected.
(3) Each of the spheres described above will continue to enjoy existing budgetary allocations in accordance with arrangements to be mutually agreed upon. These arrangements also will provide for the necessary adjustments required in order to take into account the taxes collected by the direct taxation office.
(4) Upon the execution of the Declaration of Principles, the Israeli and Palestinian delegations will immediately commence negotiations on a detailed plan for the transfer of authority on the above offices in accordance with the above understandings.
Article VII(2)
The Interim Agreement will also include arrangements for coordination and cooperation.
Article VII(5)
The withdrawal of the military government will not prevent Israel from exercising the powers and responsibilities not transferred to the Council.
Article VIII
It is understood that the Interim Agreement will include arrangements for cooperation and coordination between the two parties in this regard. It is also agreed that the transfer of powers and responsibilities to the Palestinian police will be accomplished in a phased manner, as agreed in the Interim Agreement.
Article X
It is agreed that, upon the entry into force of the Declaration of Principles, the Israeli and Palestinian delegations will exchange the names of the individuals designated by them as members of the Joint Israeli-Palestinian Liaison Committee. It is further agreed that each side will have an equal number of members in the Joint Committee. The Joint Committee will reach decisions by agreement. The Joint Committee may add other technicians and experts, as necessary. The Joint Committee will decide on the frequency and place or places of its meetings.
Annex II
It is understood that, subsequent to the Israeli withdrawal, Israel will continue to be responsible for external security, and for internal security and public order of settlements and Israelis. Israeli military forces and civilians may continue to use roads freely within the Gaza Strip and the Jericho area.
DONE at Washington, D.C., this thirteenth day of September, 1993.
Agreement on Gaza Strip and Jericho Area
This document, signed May 4, 1994, sets forth the accelerated and scheduled withdrawal of Israeli forces from the Gaza Strip and the Jericho area of the West Bank and delimits the structure, authority, and responsibilities of the Palestinian Authority in those regions.
May 4th, 1994
The Government of the State of Israel and the Palestine Liberation Organization (hereinafter ìthe PLOî), the representative of the Palestinian people;
PREAMBLE
Within the framework of the Middle East peace process initiated at Madrid in October 1991;
Reaffirming their determination to live in peaceful coexistence, mutual dignity and security, while recognizing their mutual legitimate and political rights;
Reaffirming their desire to achieve a just, lasting and comprehensive peace settlement through the agreed political process;
Reaffirming their adherence to the mutual recognition and commitments expressed in the letters dated September 9, 1993, signed by and exchanged between the Prime Minister of Israel and the Chairman of the PLO;
Reaffirming their understanding that the interim self-government arrangements, including the arrangements to apply in the Gaza Strip and the Jericho Area contained in this Agreement, are an integral part of the whole peace process and that the negotiations on the permanent status will lead to the implementation of Security Council Resolutions 242 and 338;
Desirous of putting into effect the Declaration of Principles on Interim Self-Government Arrangements signed at Washington, D.C. on September 13, 1993, and the Agreed Minutes thereto (hereinafter ìthe Declaration of Principlesî), and in particular the Protocol on withdrawal of Israeli forces from the Gaza Strip and the Jericho Area;
Hereby agree to the following arrangements regarding the Gaza Strip and the Jericho Area:
Article I
Definitions
For the purpose of this Agreement:
a. the Gaza Strip and the Jericho Area are delineated on map No. 1 and map No. 2 attached to this Agreement;
b. ìthe Settlementsî means the Gush Katif and Erez settlement areas, as well as the other settlements in the Gaza Strip, as shown on attached map No. 1;
c. ìthe Military Installation Areaî means the Israeli military installation area along the Egyptian border in the Gaza Strip, as shown on map No. 1; and
d. the term ìIsraelisî shall also include Israeli statutory agencies and corporations registered in Israel.
Article II
Scheduled Withdrawal of Israeli Military Forces
1. Israel shall implement an accelerated and scheduled withdrawal of Israeli military forces from the Gaza Strip and from the Jericho Area to begin immediately with the signing of this Agreement. Israel shall complete such withdrawal within three weeks from this date.
2. Subject to the arrangements included in the Protocol Concerning Withdrawal of Israeli Military Forces and Security Arrangements attached as Annex I, the Israeli withdrawal shall include evacuating all military bases and other fixed installations to be handed over to the Palestinian Police, to be established pursuant to Article IX below (hereinafter ìthe Palestinian Policeî).
3. In order to carry out Israel’s responsibility for external security and for internal security and public order of Settlements and Israelis, Israel shall, concurrently with the withdrawal, redeploy its remaining military forces to the Settlements and the Military Installation Area, in accordance with the provisions of this Agreement. Subject to the provisions of this Agreement, this redeployment shall constitute full implementation of Article XIII of the Declaration of Principles with regard to the Gaza Strip and the Jericho Area only.
4. For the purposes of this Agreement, ìIsraeli military forcesî may include Israel police and other Israeli security forces.
5. Israelis, including Israeli military forces, may continue to use roads freely within the Gaza Strip and the Jericho Area. Palestinians may use public roads crossing the Settlements freely, as provided for in Annex I.
6. The Palestinian Police shall be deployed and shall assume responsibility for public order and internal security of Palestinians in accordance with this Agreement and Annex I.
Article III
Transfer of Authority
1. Israel shall transfer authority as specified in this Agreement from the Israeli military government and its Civil Administration to the Palestinian Authority, hereby established, in accordance with Article V of this Agreement, except for the authority that Israel shall continue to exercise as specified in this Agreement.
2. As regards the transfer and assumption of authority in civil spheres, powers and responsibilities shall be transferred and assumed as set out in the Protocol Concerning Civil Affairs attached as Annex II.
3. Arrangements for a smooth and peaceful transfer of the agreed powers and responsibilities are set out in Annex II.
4. Upon the completion of the Israeli withdrawal and the transfer of powers and responsibilities as detailed in paragraphs 1 and 2 above and in Annex II, the Civil Administration in the Gaza Strip and the Jericho Area will be dissolved and the Israeli military government will be withdrawn. The withdrawal of the military government shall not prevent it from continuing to exercise the powers and responsibilities specified in this Agreement.
5. A Joint Civil Affairs Coordination and Cooperation Committee (hereinafter ìthe CACî) and two Joint Regional Civil Affairs Subcommittees for the Gaza Strip and the Jericho Area respectively shall be established in order to provide for coordination and cooperation in civil affairs between the Palestinian Authority and Israel, as detailed in Annex II.
6. The offices of the Palestinian Authority shall be located in the Gaza Strip and the Jericho Area pending the inauguration of the Council to be elected pursuant to the Declaration of Principles.
Article IV
Structure and Composition of the Palestinian Authority
1. The Palestinian Authority will consist of one body of 24 members which shall carry out and be responsible for all the legislative and executive powers and responsibilities transferred to it under this Agreement, in accordance with this Article, and shall be responsible for the exercise of judicial functions in accordance with Article VI, subparagraph 1.b. of this Agreement.
2. The Palestinian Authority shall administer the departments transferred to it and may establish, within its jurisdiction, other departments and subordinate administrative units as necessary for the fulfillment of its responsibilities. It shall determine its own internal procedures.
3. The PLO shall inform the Government of Israel of the names of the members of the Palestinian Authority and any change of members. Changes in the membership of the Palestinian Authority will take effect upon an exchange of letters between the PLO and the Government of Israel.
4. Each member of the Palestinian Authority shall enter into office upon undertaking to act in accordance with this Agreement.
Article V
Jurisdiction
1. The authority of the Palestinian Authority encompasses all matters that fall within its territorial, functional and personal jurisdiction, as follows:
a. The territorial jurisdiction covers the Gaza Strip and the Jericho Area territory, as defined in Article I, except for Settlements and the Military Installation Area.
Territorial jurisdiction shall include land, subsoil and territorial waters, in accordance with the provisions of this Agreement.
b. The functional jurisdiction encompasses all powers and responsibilities as specified in this Agreement. This jurisdiction does not include foreign relations, internal security and public order of Settlements and the Military Installation Area and Israelis, and external security.
c. The personal jurisdiction extends to all persons within the territorial jurisdiction referred to above, except for Israelis, unless otherwise provided in this Agreement.
2. The Palestinian Authority has, within its authority, legislative, executive and judicial powers and responsibilities, as provided for in this Agreement.
3.
a. Israel has authority over the Settlements, the Military Installation Area, Israelis, external security, internal security and public order of Settlements, the Military Installation Area and Israelis, and those agreed powers and responsibilities specified in this Agreement.
b. Israel shall exercise its authority through its military government, which, for that end, shall continue to have the necessary legislative, judicial and executive powers and responsibilities, in accordance with international law. This provision shall not derogate from Israel’s applicable legislation over Israelis in persona.
4. The exercise of authority with regard to the electromagnetic sphere and airspace shall be in accordance with the provisions of this Agreement.
5. The provisions of this Article are subject to the specific legal arrangements detailed in the Protocol Concerning Legal Matters attached as Annex III. Israel and the Palestinian Authority may negotiate further legal arrangements.
6. Israel and the Palestinian Authority shall cooperate on matters of legal assistance in criminal and civil matters through the legal subcommittee of the CAC.
Article VI
Powers and Responsibilities of the Palestinian Authority
1. Subject to the provisions of this Agreement, the Palestinian Authority, within its jurisdiction:
a. has legislative powers as set out in Article VII of this Agreement, as well as executive powers;
b. will administer justice through an independent judiciary;
c. will have, inter alia, power to formulate policies, supervise their implementation, employ staff, establish departments, authorities and institutions, sue and be sued and conclude contracts; and
d. will have, inter alia, the power to keep and administer registers and records of the population, and issue certificates, licenses and documents.
2.
a. In accordance with the Declaration of Principles, the Palestinian Authority will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the Gaza Strip or the Jericho Area, the appointment of or admission of diplomatic and consular staff, and the exercise of diplomatic functions.
b. Notwithstanding the provisions of this paragraph, the PLO may conduct negotiations and sign agreements with states or international organizations for the benefit of the Palestinian Authority in the following cases only:
1. economic agreements, as specifically provided in Annex IV of this Agreement;
2. agreements with donor countries for the purpose of implementing arrangements for the provision of assistance to the Palestinian Authority;
3. agreements for the purpose of implementing the regional development plans detailed in Annex IV of the Declaration of Principles or in agreements entered into in the framework of the multilateral negotiations; and
4. cultural, scientific and educational agreements.
c. Dealings between the Palestinian Authority and representatives of foreign states and international organizations, as well as the establishment in the Gaza Strip and the Jericho Area of representative offices other than those described in subparagraph 2.a. above, for the purpose of implementing the agreements referred to in subparagraph 2.b. above, shall not be considered foreign relations.
Article VII
Legislative Powers of the Palestinian Authority
1. The Palestinian Authority will have the power, within its jurisdiction, to promulgate legislation, including basic laws, laws, regulations and other legislative acts.
2. Legislation promulgated by the Palestinian Authority shall be consistent with the provisions of this Agreement.
3. Legislation promulgated by the Palestinian Authority shall be communicated to a legislation subcommittee to be established by the CAC (hereinafter ìthe Legislation Subcommitteeî). During a period of 30 days from the communication of the legislation, Israel may request that the Legislation Subcommittee decide whether such legislation exceeds the jurisdiction of the Palestinian Authority or is otherwise inconsistent with the provisions of this Agreement.
4. Upon receipt of the Israeli request, the Legislation Subcommittee shall decide, as an initial matter, on the entry into force of the legislation pending its decision on the merits of the matter.
5. If the Legislation Subcommittee is unable to reach a decision with regard to the entry into force of the legislation within 15 days, this issue will be referred to a board of review. This board of review shall be comprised of two judges, retired judges or senior jurists (hereinafter ìJudgesî), one from each side, to be appointed from a compiled list of three Judges proposed by each. In order to expedite the proceedings before this board of review, the two most senior Judges, one from each side, shall develop written informal rules of procedure.
6. Legislation referred to the board of review shall enter into force only if the board of review decides that it does not deal with a security issue which falls under Israel’s responsibility, that it does not seriously threaten other significant Israeli interests protected by this Agreement and that the entry into force of the legislation could not cause irreparable damage or harm.
7. The Legislation Subcommittee shall attempt to reach a decision on the merits of the matter within 30 days from the date of the Israeli request. If this Subcommittee is unable to reach such a decision within this period of 30 days, the matter shall be referred to the Joint Israeli-Palestinian Liaison Committee referred to in Article XV below (hereinafter ìthe Liaison Committeeî). This Liaison Committee will deal with the matter immediately and will attempt to settle it within 30 days.
8. Where the legislation has not entered into force pursuant to paragraphs 5 or 7 above, this situation shall be maintained pending the decision of the Liaison Committee on the merits of the matter, unless it has decided otherwise.
9. Laws and military orders in effect in the Gaza Strip or the Jericho Area prior to the signing of this Agreement shall remain in force, unless amended or abrogated in accordance with this Agreement.
Article VIII
Arrangements for Security and Public Order
1. In order to guarantee public order and internal security for the Palestinians of the Gaza Strip and the Jericho Area, the Palestinian Authority shall establish a strong police force, as set out in Article IX below. Israel shall continue to carry the responsibility for defense against external threats, including the responsibility for protecting the Egyptian border and the Jordanian line, and for defense against external threats from the sea and from the air, as well as the responsibility for overall security of Israelis and Settlements, for the purpose of safeguarding their internal security and public order, and will have all the powers to take the steps necessary to meet this responsibility.
2. Agreed security arrangements and coordination mechanisms are specified in Annex I.
3. A joint Coordination and Cooperation Committee for mutual security purposes (hereinafter ìthe JSCî), as well as three joint District Coordination and Cooperation Offices for the Gaza district, the Khan Yunis district and the Jericho district respectively (hereinafter ìthe DCOsî) are hereby established as provided for in Annex I.
4. The security arrangements provided for in this Agreement and in Annex I may be reviewed at the request of either Party and may be amended by mutual agreement of the Parties. Specific review arrangements are included in Annex I.
Article IX
The Palestinian Directorate of Police Force
1. The Palestinian Authority shall establish a strong police force, the Palestinian Directorate of Police Force (hereinafter ìthe Palestinian Policeî). The duties, functions, structure, deployment and composition of the Palestinian Police, together with provisions regarding its equipment and operation, are set out in Annex I, Article III. Rules of conduct governing the activities of the Palestinian Police are set out in Annex I, Article VIII.
2. Except for the Palestinian Police referred to in this Article and the Israeli military forces, no other armed forces shall be established or operate in the Gaza Strip or the Jericho Area.
3. Except for the arms, ammunition and equipment of the Palestinian Police described in Annex I, Article III, and those of the Israeli military forces, no organization or individual in the Gaza Strip and the Jericho Area shall manufacture, sell, acquire, possess, import or otherwise introduce into the Gaza Strip or the Jericho Area any firearms, ammunition, weapons, explosives, gunpowder or any related equipment, unless otherwise provided for in Annex I.
Article X
Passages
Arrangements for coordination between Israel and the Palestinian Authority regarding the Gaza-Egypt and Jericho-Jordan passages, as well as any other agreed international crossings, are set out in Annex I, Article X.
Article XI
Safe Passage Between the Gaza Strip and the Jericho Area
Arrangements for safe passage of persons and transportation between the Gaza Strip and the Jericho Area are set out in Annex I, Article IX.
Article XII
Relations Between Israel and the Palestinian Authority
1. Israel and the Palestinian Authority shall seek to foster mutual understanding and tolerance and shall accordingly abstain from incitement, including hostile propaganda, against each other and, without derogating from the principle of freedom of expression, shall take legal measures to prevent such incitement by any organizations, groups or individuals within their jurisdiction.
2. Without derogating from the other provisions of this Agreement, Israel and the Palestinian Authority shall cooperate in combating criminal activity which may affect both sides, including offenses related to trafficking in illegal drugs and psychotropic substances, smuggling, and offenses against property, including offenses related to vehicles.
Article XIII
Economic Relations
The economic relations between the two sides are set out in the Protocol on Economic Relations signed in Paris on April 29, 1994 and the Appendices thereto, certified copies of which are attached as Annex IV, and will be governed by the relevant provisions of this Agreement and its Annexes.
Article XIV
Human Rights and the Rule of Law
Israel and the Palestinian Authority shall exercise their powers and responsibilities pursuant to this Agreement with due regard to internationally-accepted norms and principles of human rights and the rule of law.
Article XV
The Joint Israeli-Palestinian Liaison Committee
1. The Liaison Committee established pursuant to Article X of the Declaration of Principles shall ensure the smooth implementation of this Agreement. It shall deal with issues requiring coordination, other issues of common interest and disputes.
2. The Liaison Committee shall be composed of an equal number of members from each Party. It may add other technicians and experts as necessary.
3. The Liaison Committee shall adopt its rules of procedure, including the frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by Agreement.
Article XVI
Liaison and Cooperation with Jordan and Egypt
1. Pursuant to Article XII of the Declaration of Principles, the two Parties shall invite the Governments of Jordan and Egypt to participate in establishing further liaison and cooperation arrangements between the Government of Israel and the Palestinian representatives on the one hand, and the Governments of Jordan and Egypt on the other hand, to promote cooperation between them. These arrangements shall include the constitution of a Continuing Committee.
2. The Continuing Committee shall decide by agreement on the modalities of admission of persons displaced from the West Bank and the Gaza Strip in 1967, together with necessary measures to prevent disruption and disorder.
3. The Continuing Committee shall deal with other matters of common concern.
Article XVII
Settlement of Differences and Disputes
Any difference relating to the application of this Agreement shall be referred to the appropriate coordination and cooperation mechanism established under this Agreement. The provisions of Article XV of the Declaration of Principles shall apply to any such difference which is not settled through the appropriate coordination and cooperation mechanism, namely:
1. Disputes arising out of the application or interpretation of this Agreement or any subsequent agreements pertaining to the interim period shall be settled by negotiations through the Liaison Committee.
2. Disputes which cannot be settled by negotiations may be settled by a mechanism of conciliation to be agreed between the Parties.
3. The Parties may agree to submit to arbitration disputes relating to the interim period, which cannot be settled through conciliation. To this end, upon the agreement of both Parties, the Parties will establish an Arbitration Committee.
Article XVIII
Prevention of Hostile Acts
Both sides shall take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against each other, against individuals falling under the other’s authority and against their property, and shall take legal measures against offenders. In addition, the Palestinian side shall take all measures necessary to prevent such hostile acts directed against the Settlements, the infrastructure serving them and the Military Installation Area, and the Israeli side shall take all measures necessary to prevent such hostile acts emanating from the Settlements and directed against Palestinians.
Article XIX
Missing Persons
The Palestinian Authority shall cooperate with Israel by providing all necessary assistance in the conduct of searches by Israel within the Gaza Strip and the Jericho Area for missing Israelis, as well as by providing information about missing Israelis. Israel shall cooperate with the Palestinian Authority in searching for, and providing necessary information about, missing Palestinians.
Article XX
Confidence Building Measures
With a view to creating a positive and supportive public atmosphere to accompany the implementation of this Agreement, and to establish a solid basis of mutual trust and good faith, both Parties agree to carry out confidence building measures as detailed herewith:
1. Upon the signing of this Agreement, Israel will release, or turn over, to the Palestinian Authority within a period of 5 weeks, about 5,000 Palestinian detainees and prisoners, residents of the West Bank and the Gaza Strip. Those released will be free to return to their homes anywhere in the West Bank or the Gaza Strip. Prisoners turned over to the Palestinian Authority shall be obliged to remain in the Gaza Strip or the Jericho Area for the remainder of their sentence.
2. After the signing of this Agreement, the two Parties shall continue to negotiate the release of additional Palestinian prisoners and detainees, building on agreed principles.
3. The implementation of the above measures will be subject to the fulfillment of the procedures determined by Israeli law for the release and transfer of detainees and prisoners.
4. With the assumption of Palestinian authority, the Palestinian side commits itself to solving the problem of those Palestinians who were in contact with the Israeli authorities. Until an agreed solution is found, the Palestinian side undertakes not to prosecute these Palestinians or to harm them in any way.
5. Palestinians from abroad whose entry into the Gaza Strip and the Jericho Area is approved pursuant to this Agreement, and to whom the provisions of this Article are applicable, will not be prosecuted for offenses committed prior to September 13, 1993.
Article XXI
Temporary International Presence
1. The Parties agree to a temporary international or foreign presence in the Gaza Strip and the Jericho Area (hereinafter ìthe TIPî), in accordance with the provisions of this Article.
2. The TIP shall consist of 400 qualified personnel, including observers, instructors and other experts, from 5 or 6 of the donor countries.
3. The two Parties shall request the donor countries to establish a special fund to provide finance for the TIP.
4. The TIP will function for a period of 6 months. The TIP may extend this period, or change the scope of its operation, with the agreement of the two Parties.
5. The TIP shall be stationed and operate within the following cities and villages: Gaza, Khan Yunis, Rafah, Deir El Ballah, Jabaliya, Absan, Beit Hanun and Jericho.
6. Israel and the Palestinian Authority shall agree on a special Protocol to implement this Article, with the goal of concluding negotiations with the donor countries contributing personnel within two months.
Article XXII
Rights, Liabilities and Obligations
1.
a. The transfer of all powers and responsibilities to the Palestinian Authority, as detailed in Annex II, includes all related rights, liabilities and obligations arising with regard to acts or omissions which occurred prior to the transfer. Israel will cease to bear any financial responsibility regarding such acts or omissions and the Palestinian Authority will bear all financial responsibility for these and for its own functioning.
b. Any financial claim made in this regard against Israel will be referred to the Palestinian Authority.
c. Israel shall provide the Palestinian Authority with the information it has regarding pending and anticipated claims brought before any court or tribunal against Israel in this regard.
d. Where legal proceedings are brought in respect of such a claim, Israel will notify the Palestinian Authority and enable it to participate in defending the claim and raise any arguments on its behalf.
e. In the event that an award is made against Israel by any court or tribunal in respect of such a claim, the Palestinian Authority shall reimburse Israel the full amount of the award.
f. Without prejudice to the above, where a court or tribunal hearing such a claim finds that liability rests solely with an employee or agent who acted beyond the scope of the powers assigned to him or her, unlawfully or with willful malfeasance, the Palestinian Authority shall not bear financial responsibility.
2. The transfer of authority in itself shall not affect rights, liabilities and obligations of any person or legal entity, in existence at the date of signing of this Agreement.
Article XXIII
Final Clauses
1. This Agreement shall enter into force on the date of its signing.
2. The arrangements established by this Agreement shall remain in force until and to the extent superseded by the Interim Agreement referred to in the Declaration of Principles or any other agreement between the Parties.
3. The five-year interim period referred to in the Declaration of Principles commences on the date of the signing of this Agreement.
4. The Parties agree that, as long as this Agreement is in force, the security fence erected by Israel around the Gaza Strip shall remain in place and that the line demarcated by the fence, as shown on attached map No. 1, shall be authoritative only for the purpose of this Agreement.
5. Nothing in this Agreement shall prejudice or preempt the outcome of the negotiations on the interim agreement or on the permanent status to be conducted pursuant to the Declaration of Principles. Neither Party shall be deemed, by virtue of having entered into this Agreement, to have renounced or waived any of its existing rights, claims or positions.
6. The two Parties view the West Bank and the Gaza Strip as a single territorial unit, the integrity of which will be preserved during the interim period.
7. The Gaza Strip and the Jericho Area shall continue to be an integral part of the West Bank and the Gaza Strip, and their status shall not be changed for the period of this Agreement. Nothing in this Agreement shall be considered to change this status.
8. The Preamble to this Agreement, and all Annexes, Appendices and maps attached hereto, shall constitute an integral part hereof.
Done in Cairo this fourth day of May, 1994.
Israeli-Jordanian Washington Declaration
Following is the ìWashington Declaration,î signed by Israel’s prime minister Yitzhak Rabin and Jordan’s King Hussein in Washington, D.C., on July 25, 1994.
A. After generations of hostility, blood and tears and in the wake of years of pain and wars, His Majesty King Hussein and Prime Minister Yitzhak Rabin are determined to bring an end to bloodshed and sorrow. It is in this spirit that His Majesty King Hussein of the Hashemite Kingdom of Jordan and Prime Minister and Minister of Defense, Mr. Yitzhak Rabin of Israel, met in Washington today at the invitation of President William J. Clinton of the United States of America. This initiative of President William J. Clinton constitutes an historic landmark in the United States’ untiring efforts in promoting peace and stability in the Middle East. The personal involvement of the president has made it possible to realize agreement on the content of this historic declaration. The signing of this declaration bears testimony to the president’s vision and devotion to the cause of peace.
B. In their meeting, His Majesty King Hussein and Prime Minister Yitzhak Rabin have jointly reaffirmed the five underlying principles of their understanding on an agreed common agenda designed to reach the goal of a just, lasting and comprehensive peace between the Arab States and the Palestinians, with Israel.
1. Israel and Jordan aim at the achievement of just, lasting and comprehensive peace between Israel and its neighbors and at the conclusion of a treaty of peace between both countries.
2. The two countries will vigorously continue their negotiations to arrive at a state of peace, based on Security Council Resolutions 242 and 338 in all their aspects, and founded on freedom, equality and justice.
3. Israel respects the present special role of the Hashemite Kingdom of Jordan in Muslim holy shrines in Jerusalem. When negotiations on the permanent status will take place, Israel will give high priority to the Jordanian historic role in these shrines. In addition, the two sides have agreed to act together to promote interfaith relations among the three monotheistic religions.
4. The two countries recognize their right and obligation to live in peace with each other as well as with all states within secure and recognized boundaries. The two states affirmed their respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every state in the area.
5. The two countries desire to develop good neighborly relations of cooperation between them to ensure lasting security and to avoid threats and the use of force between them.
C. The long conflict between the two states is now coming to an end. In this spirit the state of belligerency between Israel and Jordan has been terminated.
D. Following this declaration and in keeping with the agreed common agenda, both countries will refrain from actions or activities by either side that may adversely affect the security of the other or may prejudice the final outcome of negotiations. Neither side will threaten the other by use of force, weapons, or any other means, against each other and both sides will thwart threats to security resulting from all kinds of terrorism.
E. His Majesty King Hussein and Prime Minister Yitzhak Rabin took note of the progress made in the bilateral negotiations within the Israel-Jordan track last week on the steps decided to implement the sub-agendas on borders, territorial matters, security, water, energy, environment and the Jordan Rift Valley.
In this framework, mindful of items of the agreed common agenda—borders and territorial matters—they noted that the boundary sub-commission has reached agreement in July 1994 in fulfillment of part of the role entrusted to it in the sub-agenda. They also noted that the sub-commission for water, environment and energy agreed to mutually recognize, as the role of their negotiations, the rightful allocations of the two sides in Jordan River and Yarmouk River waters and to fully respect and comply with the negotiated rightful allocations, in accordance with agreed acceptable principles with mutually acceptable quality.
Similarly, His Majesty King Hussein and Prime Minister Yitzhak Rabin expressed their deep satisfaction and pride in the work of the trilateral commission in its meeting held in Jordan on Wednesday, July 20th, 1994, hosted by the Jordanian prime minister, Dr. Abdessalam al-Majalim and attended by Secretary of State Warren Christopher and Foreign Minister Shimon Peres. They voiced their pleasure at the association and commitment of the United States in this endeavor.
F. His Majesty King Hussein and Prime Minister Yitzhak Rabin believe that steps must be taken both to overcome psychological barriers and to break with the legacy of war. By working with optimism toward the dividends of peace for all the people in the region, Israel and Jordan are determined to shoulder their responsibilities towards the human dimension of peacemaking. They recognize imbalances and disparities are a root cause of extremism which thrives on poverty and unemployment and the degradation of human dignity. In this spirit, His Majesty King Hussein and Prime Minister Yitzhak Rabin have today approved a series of steps to symbolize the new era which is now at hand.
1. Direct telephone links will be opened between Israel and Jordan.
2. The electricity grids of Israel and Jordan will be linked as part of a regional concept.
3. Two new border crossings will be opened between Israel and Jordan — one at the southern tip of Aqaba-Eilat and the other at a mutually agreed point in the north.
4. In principle, free access will be given to third-country tourists traveling between Israel and Jordan.
5. Negotiations will be accelerated on opening an international air corridor between both countries.
The police forces of Israel and Jordan will co-operate in combating crime with emphasis on smuggling and particularly drug smuggling. The United States will be invited to participate in this joint endeavor.
6. Negotiations on economic matters will continue in order to prepare for future bilateral co-operation including the abolition of all economic boycotts.
All these steps are being implemented within the framework of regional infrastructural development plans and in conjunction with the Israel-Jordan bilaterals on boundaries, security, water and related issues and without prejudice to the final outcome of the negotiations on the items included in the Agreed Common Agenda between Israel and Jordan.
G. His Majesty King Hussein and Prime Minister Yitzhak Rabin have agreed to meet periodically or whenever they feel necessary to review the progress of the negotiations and express their firm intention to shepherd and direct the process in its entirety.
H. In conclusion, His Majesty King Hussein and Prime Minister Yitzhak Rabin wish to express once again their profound thanks and appreciation to President William J. Clinton and his administration for their untiring efforts in furthering the cause of peace, justice and prosperity for all the peoples of the region. They wish to thank the president personally for his warm welcome and hospitality. In recognition of their appreciation to the president, His Majesty King Hussein and Prime Minister Yitzhak Rabin have asked President William J. Clinton to sign this document as a witness and as a host to their meeting.
His Majesty King Hussein
Prime Minister Yitzhak Rabin
President William J. Clinton
Jordanian-Israeli Treaty of Peace
Following is the text of the Treaty of Peace normalizing relations between the State of Israel and the Hashimite Kingdom of Jordan, signed October 26, 1994, at the Arava/Araba border crossing between the two countries. The signatories were Prime Minister Yitzhak Rabin of Israel, Prime Minister Abdul Salam Majali of Jordan, and U.S. president Bill Clinton as witness.
Preamble
The Government of the State of Israel and the Government of the Hashemite Kingdom of Jordan:
Bearing in mind the Washington Declaration, signed by them on 25th July, 1994, and which they are both committed to honor;
Aiming at the achievement of a just, lasting and comprehensive peace in the Middle East based an Security Council resolutions 242 and 338 in all their aspects;
Bearing in mind the importance of maintaining and strengthening peace based on freedom, equality, justice and respect for fundamental human rights, thereby overcoming psychological barriers and promoting human dignity;
Reaffirming their faith in the purposes and principles of the Charter of the United Nations and recognizing their right and obligation to live in peace with each other as well as with all states, within secure and recognized boundaries;
Desiring to develop friendly relations and co-operation between them in accordance with the principles of international law governing international relations in time of peace;
Desiring as well to ensure lasting security for both their States and in particular to avoid threats and the use of force between them;
Bearing in mind that in their Washington Declaration of 25th July, 1994, they declared the termination of the state of belligerency between them;
Deciding to establish peace between them in accordance with this Treaty of Peace;
Have agreed as follows:
Article 1
Establishment of Peace
Peace is hereby established between the State of Israel and the Hashemite Kingdom of Jordan (the ìPartiesî) effective from the exchange of the instruments of ratification of this Treaty.
Article 2
General Principles
The Parties will apply between them the provisions of the Charter of the United Nations and the principles of international law governing relations among states in times of peace. In particular:
1. They recognize and will respect each other’s sovereignty, territorial integrity and political independence;
2. They recognize and will respect each other’s right to live in peace within secure and recognized boundaries;
3. They will develop good neighborly relations of co-operation between them to ensure lasting security, will refrain from the threat or use of force against each other and will settle all disputes between them by peaceful means;
4. They respect and recognize the sovereignty, territorial integrity and political independence of every state in the region;
5. They respect and recognize the pivotal role of human development and dignity in regional and bilateral relationships;
6. They further believe that within their control, involuntary movements of persons in such a way as to adversely prejudice the security of either Party should not be permitted.
Article 3
International Boundary
1. The international boundary between Israel and Jordan is delimited with reference to the boundary definition under the Mandate as is shown in Annex I (a), on the mapping materials attached thereto and co-ordinates specified therein.
2. The boundary, as set out in Annex I (a), is the permanent, secure and recognized international boundary between Israel and Jordan, without prejudice to the status of any territories that came under Israeli military government control in 1967.
3. The parties recognize the international boundary, as well as each other’s territory, territorial waters and airspace, as inviolable, and will respect and comply with them.
4. The demarcation of the boundary will take place as set forth in Appendix (I) to Annex I and will be concluded not later than nine months after the signing of the Treaty.
5. It is agreed that where the boundary follows a river, in the event of natural changes in the course of the flow of the river as described in Annex I (a), the boundary shall follow the new course of the flow. In the event of any other changes the boundary shall not be affected unless otherwise agreed.
6. Immediately upon the exchange of the instruments of ratification of this Treaty, each Party will deploy on its side of the international boundary as defined in Annex I (a).
7. The Parties shall, upon the signature of the Treaty, enter into negotiations to conclude, within 9 months, an agreement on the delimitation of their maritime boundary in the Gulf of Aqaba.
8. Taking into account the special circumstances of the Naharayim/Baqura area, which is under Jordanian sovereignty, with Israeli private ownership rights, the Parties agreed to apply the provisions set out in Annex I (b).
9. With respect to the Zofar/Al-Ghamr area, the provisions set out in Annex I (c) will apply.
Article 4
Security
1. a. Both Parties, acknowledging that mutual understanding and co-operation in security-related matters will form a significant part of their relations and will further enhance the security of the region, take upon themselves to base their security relations on mutual trust, advancement of joint interests and co-operation, and to aim towards a regional framework of partnership in peace.
b. Towards that goal the Parties recognize the achievements of the European Community and European Union in the development of the Conference on Security and Co-operation in Europe (CSCE) and commit themselves to the creation, in the Middle East, of a CSCME (Conference on Security and Co-operation in the Middle East).
This commitment entails the adoption of regional models of security successfully implemented in the post World War era (along the lines of the Helsinki process) culminating in a regional zone of security and stability.
2. The obligations referred to in this Article are without prejudice to the inherent right of self-defense in accordance with the United Nations Charter.
3. The Parties undertake, in accordance with the provisions of this Article, the following:
a. to refrain from the threat or use of force or weapons, conventional, non-conventional or of any other kind, against each other, or of other actions or activities that adversely affect the security of the other Party;
b. to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party;
c. to take necessary and effective measures to ensure that acts or threats of belligerency, hostility, subversion or violence against the other Party do not originate from, and are not committed within, through or over their territory (hereinafter the term ìterritoryî includes the airspace and territorial waters).
4. Consistent with the era of peace and with the efforts to build regional security and to avoid and prevent aggression and violence, the Parties further agree to refrain from the following:
a. joining or in any way assisting, promoting or co-operating with any coalition, organization or alliance with a military or security character with a third party, the objectives or activities of which include launching aggression or other acts of military hostility against the other Party, in contravention of the provisions of the present Treaty.
b. allowing the entry, stationing and operating on their territory, or through it, of military forces, personnel or materiel of a third party, in circumstances which may adversely prejudice the security of the other Party.
5. Both Parties will take necessary and effective measures, and will co-operate in combating terrorism of all kinds. The Parties undertake:
a. to take necessary and effective measures to prevent acts of terrorism, subversion or violence from being carried out from their territory or through it and to take necessary and effective measures to combat such activities and all their perpetrators.
b. without prejudice to the basic rights of freedom of expression and association, to take necessary and effective measures to prevent the entry, presence and co-operation in their territory of any group or organization, and their infrastructure, which threatens the security of the other Party by the use of or incitement to the use of, violent means.
c. to co-operate in preventing and combating cross-boundary infiltrations.
6. Any question as to the implementation of this Article will be dealt with through a mechanism of consultations which will include a liaison system, verification, supervision, and where necessary, other mechanisms, and higher level consultation. The details of the mechanism of consultations will be contained in an agreement to be concluded by the Parties within 3 months of the exchange of the instruments of ratification of this Treaty.
7. The Parties undertake to work as a matter of priority, and as soon as possible in the context of the Multilateral Working Group on Arms Control and Regional Security, and jointly, towards the following:
a. the creation in the Middle East of a region free from hostile alliances and coalitions;
b. the creation of a Middle East free from weapons of mass destruction, both conventional and non-conventional, in the context of a comprehensive, lasting and stable peace, characterized by the renunciation of the use of force, reconciliation and goodwill.
Article 5
Diplomatic and Other Bilateral Relations
1. The Parties agree to establish full diplomatic and consular relations and to exchange resident ambassadors within one month of the exchange of the instruments of ratification of this Treaty.
2. The Parties agree that the normal relationship between them will further include economic and cultural relations.
Article 6
Water
With the view to achieving a comprehensive and lasting settlement of all the water problems between them:
1. The Parties agree mutually to recognize the rightful allocations of both of them in Jordan River and Yarmouk River waters and Araba/Arava ground water in accordance with the agreed acceptable principles, quantities and quality as set out in Annex II, which shall be fully respected and complied with.
2. The Parties, recognizing the necessity to find a practical, just and agreed solution to their water problems and with the view that the subject of water can form the basis for the advancement of co-operation between them, jointly undertake to ensure that the management and development of their water resources do not, in any way, harm the water resources of the other Party.
3. The Parties recognize that their water resources are not sufficient to meet their needs. More water should be supplied for their use through various methods, including projects of regional and international co-operation.
4. In light of paragraph 3 of this Article, with the understanding that co-operation in water-related subjects would be to the benefit of both Parties, and will help alleviate their water shortages, and that water issues along their entire boundary must be dealt with in their totality, including the possibility of trans-boundary water transfers, the Parties agree to search for ways to alleviate water shortage and to co-operate in the following fields:
a. development of existing and new water resources, increasing the water availability including co-operation on a regional basis as appropriate, and minimizing wastage of water resources through the chain of their uses;
b. prevention of contamination of water resources;
c. mutual assistance in the alleviation of water shortages;
d. transfer of information and joint research and development in water-related subjects, and review of the potentials for enhancement of water resources development and use.
5. The implementation of both Parties’ undertakings under this Article is detailed in Annex II.
Article 7
Economic Relations
1. Viewing economic development and prosperity as pillars of peace, security and harmonious relations between states, peoples and individual human beings, the Parties, taking note of understandings reached between them, affirm their mutual desire to promote economic co-operation between them, as well as within the framework of wider regional economic co-operation.
2. In order to accomplish this goal, the Parties agree to the following:
a. to remove all discriminatory barriers to normal economic relations, to terminate economic boycotts directed at each other, and to co-operate in terminating boycotts against either Party by third parties;
b. recognizing that the principle of free and unimpeded flow of goods and services should guide their relations, the Parties will enter into negotiations with a view to concluding agreements on economic co-operation, including trade and the establishment of a free trade area, investment, banking, industrial co-operation and labor, for the purpose of promoting beneficial economic relations, based on principles to be agreed upon, as well as on human development considerations on a regional basis. These negotiations will be concluded no later than 6 months from the exchange of the instruments of ratification of this Treaty.
c. to co-operate bilaterally, as well as in multilateral forums, towards the promotion of their respective economies and of their neighborly economic relations with other regional parties.
Article 8
Refugees and Displaced Persons
1. Recognizing the massive human problems caused to both Parties by the conflict in the Middle East, as well as the contribution made by them towards the alleviation of human suffering, the Parties will seek to further alleviate those problems arising on a bilateral level.
2. Recognizing that the above human problems caused by the conflict in the Middle East cannot be fully resolved on the bilateral level, the Parties will seek to resolve them in appropriate forums, in accordance with international law, including the following:
(a) in the case of displaced persons, in a quadripartite committee together with Egypt and the Palestinians:
(b) in the case of refugees,
(i) the framework of the Multilateral Working Group on Refugees;
(ii) in negotiations, in a framework to be agreed, bilateral or otherwise, in conjunction with and at the same time as the permanent status negotiations pertaining to the territories referred to in Article 3 of this Treaty;
through the implementation of agreed United Nations programs and other agreed international economic programs concerning refugees and displaced persons, including assistance to their settlement.
Article 9
Places of Historical and Religious Significance
1. Each party will provide freedom of access to places of religious and historical significance.
2. In this regard, in accordance with the Washington Declaration, Israel respects the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem. When negotiations on the permanent status will take place, Israel will give high priority to the Jordanian historic role in these shrines.
3. The Parties will act together to promote interfaith relations among the three monotheistic religions, with the aim of working towards religious understanding, moral commitment, freedom of religious worship, and tolerance and peace.
Article 10
Cultural and Scientific Exchanges
The Parties, wishing to remove biases developed through periods of conflict, recognize the desirability of cultural and scientific exchanges in all fields, and agree to establish normal cultural relations between them. Thus, they shall, as soon as possible and not later than 9 months from the exchange of the instruments of ratification of this Treaty, conclude the negotiations on cultural and scientific agreements.
Article 11
Mutual Understanding and Good Neighborly Relations
1. The Parties will seek to foster mutual understanding and tolerance based on shared historic values, and accordingly undertake:
a. to abstain from hostile or discriminatory propaganda against each other, and to take all possible legal and administrative measures to prevent the dissemination of such propaganda by any organization or individual present in the territory of either Party;
b. as soon as possible, and not later than 3 months from the exchange of the instruments of ratification of this Treaty, to repeal all adverse or discriminatory references and expressions of hostility in their respective legislation;
c. to refrain in all government publications from any such references or expressions;
d. to ensure mutual enjoyment by each other’s citizens of due process of law within their respective legal systems and before their courts.
2. Paragraph 1 (a) of this Article is without prejudice to the right to freedom of expression as contained in the International Covenant on Civil and Political Rights.
3. A joint committee shall be formed to examine incidents where one Party claims there has been a violation of this Article.
Article 12
Combating Crime and Drugs
The Parties will co-operate in combating crime, with an emphasis on smuggling, and will take all necessary measures to combat and prevent such activities as the production of, as well as the trafficking in illicit drugs, and will bring to trial perpetrators of such acts. In this regard, they take note of the understandings reached between them in the above spheres, in accordance with Annex III and undertake to conclude all relevant agreements not later than 9 months from the date of the exchange of the instruments of ratification of this Treaty.
Article 13
Transportation and Roads
Taking note of the progress already made in the area of transportation, the Parties recognize the mutuality of interest in good neighborly relations in the area of transportation and agree to the following means to promote relations between them in this sphere:
1. Each party will permit the free movement of nationals and vehicles of the other into and within its territory according to the general rules applicable to nationals and vehicles of other states. Neither party will impose discriminatory taxes or restrictions on the free movement of persons and vehicles from its territory to the territory of the other.
2. The Parties will open and maintain roads and border-crossings between their countries and will consider further road and rail links between them.
3. The Parties will continue their negotiations concerning mutual transportation agreements in the above and other areas, such as joint projects, traffic safety, transport standards and norms, licensing of vehicles, land passages, shipment of goods and cargo, and meteorology, to be concluded not later than 6 months from the exchange of the instruments of ratification of this Treaty.
4. The Parties agree to continue their negotiations for a highway to be constructed and maintained between Egypt, Israel and Jordan near Eilat.
Article 14
Freedom of Navigation and Access to Ports
1. Without prejudice to the provisions of paragraph 3, each Party recognizes the right of the vessels of the other Party to innocent passage through its territorial waters in accordance with the rules of international law.
2. Each Party will grant normal access to its ports for vessels and cargoes of the other, as well as vessels and cargoes destined for or coming from the other Party. Such access will be granted on the same conditions as generally applicable to vessels and cargoes of other nations.
3. The Parties consider the Strait of Tiran and the Gulf of Aqaba to be international waterways open to all nations for unimpeded and non-suspendable freedom of navigation and overflight. The Parties will respect each other’s right to navigation and overflight for access to either Party through the Strait of Tiran and the Gulf of Aqaba.
Article 15
Civil Aviation
1. The Parties recognize as applicable to each other the rights, privileges and obligations provided for by the multilateral aviation agreements to which they are both party, particularly by the 1944 Convention on International Civil Aviation (The Chicago Convention) and the 1944 International Air Services Transit Agreement.
2. Any declaration of national emergency by a Party under Article 89 of the Chicago Convention will not be applied to the other Party on a discriminatory basis.
3. The Parties take note of the negotiations on the international air corridor to be opened between them in accordance with the Washington Declaration. In addition, the Parties shall, upon ratification of this Treaty, enter into negotiations for the purpose of concluding a Civil Aviation Agreement. All the above negotiations are to be concluded not later than 6 months from the exchange of the instruments of ratification of this Treaty.
Article 16
Posts and Telecommunications
The Parties take note of the opening between them, in accordance with the Washington Declaration, of direct telephone and facsimile lines. Postal links, the negotiations on which having been concluded, will be activated upon the signature of this Treaty. The Parties further agree that normal wireless and cable communications and television relay services by cable, radio and satellite, will be established between them, in accordance with all relevant international conventions and regulations. The negotiations on these subjects will be concluded not later than 9 months from the exchange of the instruments of ratification of this Treaty.
Article 17
Tourism
The Parties affirm their mutual desire to promote co-operation between them in the field of tourism. In order to accomplish this goal, the Parties—taking note of the understandings reached between them concerning tourism—agree to negotiate, as soon as possible, and to conclude not later than three months from the exchange of the instruments of ratification of this Treaty, an agreement to facilitate and encourage mutual tourism and tourism from third countries.
Article 18
Environment
The Parties will co-operate in matters relating to the environment, a sphere to which they attach great importance, including conservation of nature and prevention of pollution, as set forth in Annex IV. They will negotiate an agreement on the above, to be concluded not later than 6 months from the exchange of the instruments of ratification of this Treaty.
Article 19
Energy
1. The Parties will co-operate in the development of energy resources, including the development of energy-related projects such as the utilization of solar energy.
2. The Parties, having concluded their negotiations on the interconnecting of their electric grids in the Eilat-Aqaba area, will implement the interconnecting upon the signature of this Treaty. The Parties view this step as a part of a wider binational and regional concept. They agree to continue their negotiations as soon as possible to widen the scope of their interconnected grids.
3. The Parties will conclude the relevant agreements in the field of energy within 6 months from the date of exchange of the instruments of ratification of this Treaty.
Article 20
Rift Valley Development
The Parties attach great importance to the integrated development of the Jordan Rift Valley area, including joint projects in the economic, environmental, energy-related and tourism fields. Taking note of the Terms of Reference developed in the framework of the Trilateral Israel-Jordan-US Economic Committee towards the Jordan Rift Valley Development Master Plan, they will vigorously continue their efforts towards the completion of planning and towards implementation.
Article 21
Health
The Parties will co-operate in the area of health and shall negotiate with a view to the conclusion of an agreement within 9 months of the exchange of instruments of ratification of this Treaty.
Article 22
Agriculture
The Parties will co-operate in the areas of agriculture, including veterinary services, plant protection, biotechnology and marketing, and shall negotiate with a view to the conclusion of an agreement within 6 months from the date of the exchange of instruments of ratification of this Treaty.
Article 23
Aqaba and Eilat
The Parties agree to enter into negotiations, as soon as possible, and not later than one month from the exchange of the instruments of ratification of this Treaty, on arrangements that would enable the joint development of the towns of Aqaba and Eilat with regard to such matters, inter alia, as joint tourism development, joint customs, free trade zone, co-operation in aviation, prevention of pollution, maritime matters, police, customs and health co-operation. The Parties will conclude all relevant agreements within 9 months from the exchange of instruments of ratification of the Treaty.
Article 24
Claims
The Parties agree to establish a claims commission for the mutual settlement of all financial claims.
Article 25
Rights and Obligations
1. This Treaty does not affect and shall not be interpreted as affecting, in any way, the rights and obligations of the Parties under the Charter of the United Nations.
2. The Parties undertake to fulfil in good faith their obligations under this Treaty, without regard to action or inaction of any other party and independently of any instrument inconsistent with this Treaty. For the purposes of this paragraph each Party represents to the other that in its opinion and interpretation there is no inconsistency between their existing treaty obligations and this Treaty.
3. They further undertake to take all the necessary measures for the application in their relations of the provisions of the multilateral conventions to which they are parties, including the submission of appropriate notification to the Secretary General of the United Nations and other depositories of such conventions.
4. Both Parties will also take all the necessary steps to abolish all pejorative references to the other Party, in multilateral conventions to which they are parties, to the extent that such references exist.
5. The Parties undertake not to enter into any obligation in conflict with this Treaty.
6. Subject to Article 103 of the United Nations Charter, in the event of a conflict between the obligations of the Parties under the present Treaty and any of their other obligations, the obligations under this Treaty will be binding and implemented.
Article 26
Legislation
Within 3 months of the exchange of ratifications of this Treaty the Parties undertake to enact any legislation necessary in order to implement the Treaty, and to terminate any international commitments and to repeal any legislation that is inconsistent with the Treaty.
Article 27
Ratification
1. This Treaty shall be ratified by both Parties in conformity with their respective national procedures. It shall enter into force on the exchange of instruments of ratification.
2. The Annexes, Appendices, and other attachments to this Treaty shall be considered integral parts thereof.
Article 28
Interim Measures
The Parties will apply, in certain spheres, to be agreed upon, interim measures pending the conclusion of the relevant agreements in accordance with this Treaty, as stipulated in Annex V.
Article 29
Settlement of Disputes
1. Disputes arising out of the application or interpretation of this Treaty shall be resolved by negotiations.
2. Any such disputes which cannot be settled by negotiations shall be resolved by conciliation or submitted to arbitration.
Article 30
Registration
This Treaty shall be transmitted to the Secretary General of the United Nations for registration in accordance with the provisions of Article 102 of the Charter of the United Nations.
Done at the Arava/Araba Crossing Point this day Heshvan 21st, 5775, Jumada Al-Ula 21st, 1415 which corresponds to 26th October, 1994 in the Hebrew, English and Arabic languages, all texts being equally authentic. In case of divergence of interpretation the English text shall prevail.
For the State of Israel: Yitzhak Rabin, Prime Minister
For the Hashemite Kingdom of Jordan: Abdul Salam Majali, Prime Minister
Witnessed by: William J. Clinton, President of the United States of America
UN Oil for Food and Medicine Program
Following is the text of three resolutions issued by the UN Security Council related to the implementation of an oil-for-food exchange program that the United Nations initiated for Iraq to provide a source of revenue to alleviate food and medicine shortages the Iraqi population encountered as a result of international sanctions imposed after the Persian Gulf War in 1991.
Resolution 986 (April 14, 1995)
The Security Council,
Recalling its previous relevant resolutions,
Concerned by the serious nutritional and health situation of the Iraqi population, and by the risk of a further deterioration in this situation,
Convinced of the need as a temporary measure to provide for the humanitarian needs of the Iraqi people until the fulfillment by Iraq of the relevant Security Council resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990, in accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian relief to all segments of the Iraqi population throughout the country,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Authorizes States, notwithstanding the provisions of paragraphs 3 (a), 3 (b) and 4 of resolution 661 (1990) and subsequent relevant resolutions, to permit the import of petroleum and petroleum products originating in Iraq, including financial and other essential transactions directly relating thereto, sufficient to produce a sum not exceeding a total of one billion United States dollars every 90 days for the purposes set out in this resolution and subject to the following conditions:
(a) Approval by the Committee established by resolution 661 (1990), in order to ensure the transparency of each transaction and its conformity with the other provisions of this resolution, after submission of an application by the State concerned, endorsed by the Government of Iraq, for each proposed purchase of Iraqi petroleum and petroleum products, including details of the purchase price at fair market value, the export route, the opening of a letter of credit payable to the escrow account to be established by the Secretary-General for the purposes of this resolution, and of any other directly related financial or other essential transaction;
(b) Payment of the full amount of each purchase of Iraqi petroleum and petroleum products directly by the purchaser in the State concerned into the escrow account to be established by the Secretary-General for the purposes of this resolution;
2. Authorizes Turkey, notwithstanding the provisions of paragraphs 3 (a), 3 (b) and 4 of resolution 661 (1990) and the provisions of paragraph 1 above, to permit the import of petroleum and petroleum products originating in Iraq sufficient, after the deduction of the percentage referred to in paragraph 8 (c) below for the Compensation Fund, to meet the pipeline tariff charges, verified as reasonable by the independent inspection agents referred to in paragraph 6 below, for the transport of Iraqi petroleum and petroleum products through the Kirkuk-Yumurtalik pipeline in Turkey authorized by paragraph 1 above;
3. Decides that paragraphs 1 and 2 of this resolution shall come into force at 00.01 Eastern Standard Time on the day after the President of the Council has informed the members of the Council that he has received the report from the Secretary-General requested in paragraph 13 below, and shall remain in force for an initial period of 180 days unless the Council takes other relevant action with regard to the provisions of resolution 661 (1990);
4. Further decides to conduct a thorough review of all aspects of the implementation of this resolution 90 days after the entry into force of paragraph 1 above and again prior to the end of the initial 180 day period, on receipt of the reports referred to in paragraphs 11 and 12 below, and expresses its intention, prior to the end of the 180 day period, to consider favorably renewal of the provisions of this resolution, provided that the reports referred to in paragraphs 11 and 12 below indicate that those provisions are being satisfactorily implemented;
5. Further decides that the remaining paragraphs of this resolution shall come into force forthwith;
6. Directs the Committee established by resolution 661 (1990) to monitor the sale of petroleum and petroleum products to be exported by Iraq via the Kirkuk-Yumurtalik pipeline from Iraq to Turkey and from the Mina al-Bakr oil terminal, with the assistance of independent inspection agents appointed by the Secretary-General, who will keep the Committee informed of the amount of petroleum and petroleum products exported from Iraq after the date of entry into force of paragraph 1 of this resolution, and will verify that the purchase price of the petroleum and petroleum products is reasonable in the light of prevailing market conditions, and that, for the purposes of the arrangements set out in this resolution, the larger share of the petroleum and petroleum products is shipped via the Kirkuk-Yumurtalik pipeline and the remainder is exported from the Mina al-Bakr oil terminal;
7. Requests the Secretary-General to establish an escrow account for the purposes of this resolution, to appoint independent and certified public accountants to audit it, and to keep the Government of Iraq fully informed;
8. Decides that the funds in the escrow account shall be used to meet the humanitarian needs of the Iraqi population and for the following other purposes, and requests the Secretary-General to use the funds deposited in the escrow account:
(a) To finance the export to Iraq, in accordance with the procedures of the Committee established by resolution 661 (1990), of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, as referred to in paragraph 20 of resolution 687 (1991) provided that:
(i) Each export of goods is at the request of the Government of Iraq;
(ii) Iraq effectively guarantees their equitable distribution, on the basis of a plan submitted to and approved by the Secretary-General, including a description of the goods to be purchased;
(iii) The Secretary-General receives authenticated confirmation that the exported goods concerned have arrived in Iraq;
(b) To complement, in view of the exceptional circumstances prevailing in the three Governorates mentioned below, the distribution by the Government of Iraq of goods imported under this resolution, in order to ensure an equitable distribution of humanitarian relief to all segments of the Iraqi population throughout the country, by providing between 130 million and 150 million United States dollars every 90 days to the United Nations Inter-Agency Humanitarian Program operating within the sovereign territory of Iraq in the three northern Governorates of Dihouk, Arbil and Suleimaniyeh, except that if less than one billion United States dollars worth of petroleum or petroleum products is sold during any 90 day period, the Secretary-General may provide a proportionately smaller amount for this purpose;
(c) To transfer to the Compensation Fund the same percentage of the funds deposited in the escrow account as that decided by the Council in paragraph 2 of resolution 705 (1991) of 15 August 1991;
(d) To meet the costs to the United Nations of the independent inspection agents and the certified public accountants and the activities associated with implementation of this resolution;
(e) To meet the current operating costs of the Special Commission, pending subsequent payment in full of the costs of carrying out the tasks authorized by section C of resolution 687 (1991);
(f) To meet any reasonable expenses, other than expenses payable in Iraq, which are determined by the Committee established by resolution 661 (1990) to be directly related to the export by Iraq of petroleum and petroleum products permitted under paragraph 1 above or to the export to Iraq, and activities directly necessary therefor, of the parts and equipment permitted under paragraph 9 below;
(g) To make available up to 10 million United States dollars every 90 days from the funds deposited in the escrow account for the payments envisaged under paragraph 6 of resolution 778 (1992) of 2 October 1992;
9. Authorizes States to permit, notwithstanding the provisions of paragraph 3 (c) of resolution 661 (1990):
(a) The export to Iraq of the parts and equipment which are essential for the safe operation of the Kirkuk-Yumurtalik pipeline system in Iraq, subject to the prior approval by the Committee established by resolution 661 (1990) of each export contract;
(b) Activities directly necessary for the exports authorized under subparagraph (a) above, including financial transactions related thereto;
10. Decides that, since the costs of the exports and activities authorized under paragraph 9 above are precluded by paragraph 4 of resolution 661 (1990) and by paragraph 11 of resolution 778 (1991) from being met from funds frozen in accordance with those provisions, the cost of such exports and activities may, until funds begin to be paid into the escrow account established for the purposes of this resolution, and following approval in each case by the Committee established by resolution 661 (1990), exceptionally be financed by letters of credit, drawn against future oil sales the proceeds of which are to be deposited in the escrow account;
11. Requests the Secretary-General to report to the Council 90 days after the date of entry into force of paragraph 1 above, and again prior to the end of the initial 180 day period, on the basis of observation by United Nations personnel in Iraq, and on the basis of consultations with the Government of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, financed in accordance with paragraph 8 (a) above, including in his reports any observations he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs, and on Iraq’s capacity to export sufficient quantities of petroleum and petroleum products to produce the sum referred to in paragraph 1 above;
12. Requests the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to develop expedited procedures as necessary to implement the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of this resolution and to report to the Council 90 days after the date of entry into force of paragraph 1 above and again prior to the end of the initial 180 day period on the implementation of those arrangements;
13. Requests the Secretary-General to take the actions necessary to ensure the effective implementation of this resolution, authorizes him to enter into any necessary arrangements or agreements, and requests him to report to the Council when he has done so;
14. Decides that petroleum and petroleum products subject to this resolution shall while under Iraqi title be immune from legal proceedings and not be subject to any form of attachment, garnishment or execution, and that all States shall take any steps that may be necessary under their respective domestic legal systems to assure this protection, and to ensure that the proceeds of the sale are not diverted from the purposes laid down in this resolution;
15. Affirms that the escrow account established for the purposes of this resolution enjoys the privileges and immunities of the United Nations;
16. Affirms that all persons appointed by the Secretary-General for the purpose of implementing this resolution enjoy privileges and immunities as experts on mission for the United Nations in accordance with the Convention on the Privileges and Immunities of the United Nations, and requires the Government of Iraq to allow them full freedom of movement and all necessary facilities for the discharge of their duties in the implementation of this resolution;
17. Affirms that nothing in this resolution affects Iraq’s duty scrupulously to adhere to all of its obligations concerning servicing and repayment of its foreign debt, in accordance with the appropriate international mechanisms;
18. Also affirms that nothing in this resolution should be construed as infringing the sovereignty or territorial integrity of Iraq;
19. Decides to remain seized of the matter.
Resolution 1153 (February 20, 1998)
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12 September 1997 and 1143 (1997) of 4 December 1997,
Convinced of the need as a temporary measure to continue to provide for the humanitarian needs of the Iraqi people until the fulfillment by Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990, in accordance with the provisions of those resolutions, and emphasizing the temporary nature of the distribution plan envisaged by this resolution,
Convinced also of the need for equitable distribution of humanitarian supplies to all segments of the Iraqi population throughout the country,
Welcoming the report submitted on 1 February 1998 by the Secretary-General in accordance with paragraph 7 of resolution 1143 (1997) (S/1998/90) and his recommendations, as well as the report submitted on 30 January 1998 in accordance with paragraph 9 of resolution 1143 (1997) by the Committee established by resolution 661 (1990) of 6 August 1990 (S/1998/92),
Noting that the Government of Iraq did not cooperate fully in the preparation of the report of the Secretary-General,
Noting with concern that, despite the ongoing implementation of resolutions 986 (1995), 1111 (1997) and 1143 (1997), the population of Iraq continues to face a very serious nutritional and health situation,
Determined to avoid any further deterioration of the current humanitarian situation,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, shall remain in force for a new period of 180 days beginning at 00.01 hours, Eastern Standard Time, on the day after the President of the Council has informed the members of the Council that he has received the report of the Secretary-General requested in paragraph 5 below, on which date the provisions of resolution 1143 (1997), if still in force, shall terminate, except as regards sums already produced pursuant to that resolution prior to that date;
2. Decides further that the authorization given to States by paragraph 1 of resolution 986 (1995) shall permit the import of petroleum and petroleum products originating in Iraq, including financial and other essential transactions directly relating thereto, sufficient to produce a sum, in the 180-day period referred to in paragraph 1 above, not exceeding a total of 5.256 billion United States dollars, of which the amounts recommended by the Secretary-General for the food/nutrition and health sectors should be allocated on a priority basis, and of which between 682 million United States dollars and 788 million United States dollars shall be used for the purpose referred to in paragraph 8 (b) of resolution 986 (1995), except that if less than 5.256 billion United States dollars worth of petroleum or petroleum products is sold during the 180-day period, particular attention will be paid to meeting the urgent humanitarian needs in the food/nutrition and health sectors and the Secretary-General may provide a proportionately smaller amount for the purpose referred to in paragraph 8 (b) of resolution 986 (1995);
3. Directs the Committee established by resolution 661 (1990) to authorize, on the basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to be met by funds in the escrow account;
4. Requests the Secretary-General to take the actions necessary to ensure the effective and efficient implementation of this resolution, and in particular to enhance the United Nations observation process in Iraq in such a way as to provide the required assurance to the Council of the equitable distribution of the goods produced in accordance with this resolution and that all supplies authorized for procurement, including dual-usage items and spare parts, are utilized for the purpose for which they have been authorized;
5. Requests the Secretary-General to report to the Council when he has entered into any necessary arrangements or agreements, and approved a distribution plan, submitted by the Government of Iraq, which includes a description of the goods to be purchased and effectively guarantees their equitable distribution, in accordance with his recommendations that the plan should be ongoing and should reflect the relative priorities of humanitarian supplies as well as their interrelationships within the context of projects or activities, required delivery dates, preferred points of entry, and targeted objectives to be achieved;
6. Urges all States, and in particular the Government of Iraq, to provide their full cooperation in the effective implementation of this resolution;
7. Appeals to all States to cooperate in the timely submission of applications and the expeditious issue of export licenses, facilitating the transit of humanitarian supplies authorized by the Committee established by resolution 661 (1990), and taking all other appropriate measures within their competence in order to ensure that urgently required humanitarian supplies reach the Iraqi people as rapidly as possible;
8. Stresses the need to ensure respect for the security and safety of all persons directly involved in the implementation of this resolution in Iraq;
9. Decides to conduct an interim review of the implementation of this resolution 90 days after the entry into force of paragraph 1 above and a thorough review of all aspects of its implementation prior to the end of the 180-day period, on receipt of the reports referred to in paragraphs 10 and 14 below, and expresses its intention, prior to the end of the 180-day period, to consider favorably the renewal of the provisions of this resolution as appropriate, provided that the reports referred to in paragraphs 10 and 14 below indicate that those provisions are being satisfactorily implemented;
10. Requests the Secretary-General to make an interim report to the Council 90 days after the entry into force of paragraph 1 above, and to make a full report prior to the end of the 180-day period, on the basis of observation by United Nations personnel in Iraq, and on the basis of consultations with the Government of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health supplies, foodstuffs and materials and supplies for essential civilian needs, financed in accordance with paragraph 8 (a) of resolution 986 (1995), including in his reports any observations he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs, and on Iraq’s capacity to export sufficient quantities of petroleum and petroleum products to produce the sum referred to in paragraph 2 above;
11. Takes note of the Secretary-General’s observation that the situation in the electricity sector is extremely grave, and of his intention to return to the Council with proposals for appropriate funding, requests him to submit urgently a report for this purpose prepared in consultation with the Government of Iraq to the Council, and further requests him to submit to the Council other studies, drawing upon United Nations agencies as appropriate and in consultation with the Government of Iraq, on essential humanitarian needs in Iraq including necessary improvements to infrastructure;
12. Requests the Secretary-General to establish a group of experts to determine in consultation with the Government of Iraq whether Iraq is able to export petroleum or petroleum products sufficient to produce the total sum referred to in paragraph 2 above and to prepare an independent report on Iraqi production and transportation capacity and necessary monitoring, also requests him in the light of that report to make early and appropriate recommendations and expresses its readiness to take a decision, on the basis of these recommendations and the humanitarian objectives of this resolution, notwithstanding paragraph 3 of resolution 661 (1990), regarding authorization of the export of the necessary equipment to enable Iraq to increase the export of petroleum or petroleum products and to give the appropriate directions to the Committee established by resolution 661 (1990);
13. Requests the Secretary-General to report to the Council, if Iraq is unable to export petroleum or petroleum products sufficient to produce the total sum referred to in paragraph 2 above, and following consultations with relevant United Nations agencies and the Iraqi authorities, making recommendations for the expenditure of the sum expected to be available, consistent with the distribution plan referred to in paragraph 5 above;
14. Requests the Committee established by resolution 661 (1990), in coordination with the Secretary-General, to report to the Council 90 days after the entry into force of paragraph 1 above and again prior to the end of the 180-day period on the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of resolution 986 (1995);
15. Requests further the Committee established by resolution 661 (1990) to implement the measures and take action on the steps referred to in its report of 30 January 1998, with regard to the refining and clarifying of its working procedures, to consider the relevant observations and recommendations referred to in the report of the Secretary-General of 1 February 1998 in particular with a view to reducing to the extent possible the delay between the export of petroleum and petroleum products from Iraq and the supply of goods to Iraq in accordance with this resolution, to report to the Council by 31 March 1998 and thereafter to continue to review its procedures whenever necessary;
16. Decides to remain seized of the matter.
Resolution 1210 (November 24, 1998)
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February 1998 and 1175 (1998) of 19 June 1998,
Convinced of the need as a temporary measure to continue to provide for the humanitarian needs of the Iraqi people until the fulfillment by the Government of Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990, in accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian supplies to all segments of the Iraqi population throughout the country,
Welcoming the positive impact of the relevant resolutions on the humanitarian situation in Iraq as described in the report of the Secretary-General dated 19 November 1998 (S/1998/1100),
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, shall remain in force for a new period of 180 days beginning at 00.01 hours, Eastern Standard Time, on 26 November 1998;
2. Further decides that paragraph 2 of resolution 1153 (1998) shall remain in force and shall apply to the 180-day period referred to in paragraph 1 above;
3. Directs the Committee established by resolution 661 (1990) to authorize, on the basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to be met by funds in the escrow account;
4. Requests the Secretary-General to continue to take the actions necessary to ensure the effective and efficient implementation of this resolution, and to review, by 31 December 1998, the various options to resolve the difficulties encountered in the financial process, referred to in the Secretary-General’s report of 19 November 1998 (S/1998/1100), and to continue to enhance as necessary the United Nations observation process in Iraq in such a way as to provide the required assurance to the Council that the goods produced in accordance with this resolution are distributed equitably and that all supplies authorized for procurement, including dual usage items and spare parts, are utilized for the purpose for which they have been authorized;
5. Further decides to conduct a thorough review of all aspects of the implementation of this resolution 90 days after the entry into force of paragraph 1 above and again prior to the end of the 180-day period, on receipt of the reports referred to in paragraphs 6 and 10 below, and expresses its intention, prior to the end of the 180-day period, to consider favorably renewal of the provisions of this resolution as appropriate, provided that the said reports indicate that those provisions are being satisfactorily implemented;
6. Requests the Secretary-General to report to the Council 90 days after the date of entry into force of paragraph 1 above, and again prior to the end of the 180-day period, on the basis of observations of United Nations personnel in Iraq, and of consultations with the Government of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, financed in accordance with paragraph 8 (a) of resolution 986 (1995), including in his reports any observations which he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs, and on Iraq’s capacity to export sufficient quantities of petroleum and petroleum products to produce the sum referred to in paragraph 2 of resolution 1153 (1998);
7. Requests the Secretary-General to report to the Council if Iraq is unable to export petroleum and petroleum products sufficient to produce the total sum provided for in paragraph 2 above and, following consultations with relevant United Nations agencies and the Iraqi authorities, make recommendations for the expenditure of the sum expected to be available, consistent with the priorities established in paragraph 2 of resolution 1153 (1998) and with the distribution plan referred to in paragraph 5 of resolution 1175 (1998);
8. Decides that paragraphs 1, 2, 3 and 4 of resolution 1175 (1998) shall remain in force and shall apply to the new 180-day period referred to in paragraph 1 above;
9. Requests the Secretary-General, in consultation with the Government of Iraq, to submit to the Council, by 31 December 1998, a detailed list of parts and equipment necessary for the purpose described in paragraph 1 of resolution 1175 (1998);
10. Requests the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to report to the Council 90 days after the entry into force of paragraph 1 above and again prior to the end of the 180-day period on the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of resolution 986 (1995);
11. Urges all States, and in particular the Government of Iraq, to provide their full cooperation in the effective implementation of this resolution;
12. Appeals to all States to continue to cooperate in the timely submission of applications and the expeditious issue of export licenses, facilitating the transit of humanitarian supplies authorized by the Committee established by resolution 661 (1990), and to take all other appropriate measures within their competence in order to ensure that urgently required humanitarian supplies reach the Iraqi people as rapidly as possible;
13. Stresses the need to continue to ensure respect for the security and safety of all persons directly involved in the implementation of this resolution in Iraq;
14. Decides to remain seized of the matter.
UN Weapons Inspections in Iraq
The following four UN Security Council resolutions present the position of the United Nations with regard to Saddam Hussein’s refusal to allow weapons inspectors full and immediate access to possible biological and nuclear weapons facilities.
Resolution 1051 (March 27, 1996)
The Security Council,
Reaffirming its resolution 687 (1991) of 3 April 1991, and in particular section C thereof, its resolution 707 (1991) of 15 August 1991 and its resolution 715 (1991) of 11 October 1991 and the plans for ongoing monitoring and verification approved thereunder,
Recalling the request in paragraph 7 of its resolution 715 (1991) to the Committee established under resolution 661 (1990), the Special Commission and the Director General of the International Atomic Energy Agency (IAEA) to develop in cooperation a mechanism for monitoring any future sales or supplies by other countries to Iraq of items relevant to the implementation of section C of resolution 687 (1991) and other relevant resolutions, including resolution 715 (1991) and the plans approved thereunder,
Having considered the letter of 7 December 1995 (S/1995/1017) to the President of the Council from the Chairman of the Committee established under resolution 661 (1990), annex I of which contains the provisions for the mechanism for export/import monitoring called for in paragraph 7 of resolution 715 (1991),
Recognizing that the export/import monitoring mechanism is an integral part of ongoing monitoring and verification by the Special Commission and the IAEA,
Recognizing that the export/import mechanism is not a regime for international licensing, but rather for the timely provision of information by States in which companies are located which are contemplating sales or supplies to Iraq of items covered by the plans for ongoing monitoring and verification and will not impede Iraq’s legitimate right to import or export for non-proscribed purposes, items and technology necessary for the promotion of its economic and social development,
Acting under Chapter VII of the Charter of the United Nations,
Approves, pursuant to the relevant provisions of its resolutions 687 (1991) and 715 (1991), the provisions for the monitoring mechanism contained in annex I of the aforementioned letter of 7 December 1995 (S/1995/1017), subject to the terms of this resolution;
Approves also the general principles to be followed in implementing the monitoring mechanism contained in the letter of 17 July 1995 from the Chairman of the Special Commission to the Chairman of the Committee established under resolution 661 (1990) which is contained in annex II of the aforementioned letter of 7 December 1995 (S/1995/1017);
Affirms that the mechanism approved by this resolution is without prejudice to and shall not impair the operation of existing or future non-proliferation agreements or regimes on the international or regional level including arrangements referred to in resolution 687 (1991), nor shall such agreements or regimes impair the operation of the mechanism;
Confirms, until the Council decides otherwise under its relevant resolutions, that requests by other States for sales to Iraq or requests by Iraq for import of any item or technology to which the mechanism applies shall continue to be addressed to the Committee established under resolution 661 (1990) for decision by that Committee in accordance with paragraph 4 of the mechanism;
Decides, subject to paragraphs 4 and 7 of this resolution, that all States shall:
Transmit to the joint unit constituted by the Special Commission and the Director General of the IAEA under paragraph 16 of the mechanism the notifications, with the data from potential exporters, and all other relevant information when available to the States, as requested in the mechanism on the intended sale or supply from their territories of any items or technologies which are subject to such notification in accordance with paragraphs 9, 11, 13, 24, 25, 27 and 28 of the mechanism;
Report to the joint unit, in accordance with paragraphs 13, 24, 25, 27 and 28 of the mechanism, any information they may have at their disposal or may receive from suppliers in their territories of attempts to circumvent the mechanism or to supply Iraq with items prohibited to Iraq under the plans for ongoing monitoring and verification approved by resolution 715 (1991), or where the procedures for special exceptions laid down in paragraphs 24 and 25 of the mechanism have not been followed by Iraq;
Decides that the notifications required under paragraph 5 above shall be provided to the joint unit by Iraq, in respect of all items and technologies referred to in paragraph 12 of the mechanism, as from the date agreed upon between the Special Commission and the Director General of the IAEA and Iraq, and in any event not later than sixty days after the adoption of this resolution;
Decides that the notifications required under paragraph 5 above shall be provided to the joint unit by all other States as from the date the Secretary-General and the Director General of the IAEA, after their consultations with the members of the Council and other interested States, report to the Council indicating that they are satisfied with the preparedness of States for the effective implementation of the mechanism;
Decides that the information provided through the mechanism shall be treated as confidential and restricted to the Special Commission and the IAEA, to the extent that this is consistent with their respective responsibilities under resolution 715 (1991), other relevant resolutions and the plans for ongoing monitoring and verification approved under resolution 715 (1991);
Affirms, if experience over time demonstrates the need or new technologies so require, that the Council would be prepared to review the mechanism in order to determine whether any changes are required and that the annexes to the plans for ongoing monitoring and verification approved under resolution 715 (1991), which identify the items and technologies to be notified under the mechanism, may be amended in accordance with the plans, after appropriate consultations with interested States and, as laid down in the plans, after notification to the Council;
Decides also that the Committee established under resolution 661 (1990) and the Special Commission shall carry out the functions assigned to them under the mechanism, until the Council decides otherwise;
Requests the Director General of the IAEA to carry out, with the assistance and cooperation of the Special Commission, the functions assigned to him under the mechanism;
Calls upon all States and international organizations to cooperate fully with the Committee established under resolution 661 (1990), the Special Commission and the Director General of the IAEA in the fulfillment of their tasks in connection with the mechanism, including supplying such information as may be sought by them in implementation of the mechanism;
Calls upon all States to adopt as soon as possible such measures as may be necessary under their national procedures to implement the mechanism;
Decides that all States shall, not later than 45 days after the adoption of this resolution, be provided by the Special Commission and the Director General of the IAEA with information necessary to make preparatory arrangements at the national level prior to the implementation of the provisions of the mechanism;
Demands that Iraq meet unconditionally all its obligations under the mechanism approved by this resolution and cooperate fully with the Special Commission and the Director General of the IAEA in the carrying out of their tasks under this resolution and the mechanism by such means as they may determine in accordance with their mandates from the Council;
Decides to consolidate the periodic requirements for progress reports under its resolutions 699 (1991), 715 (1991) and this resolution and to request the Secretary-General and the Director General of the IAEA to submit such consolidated progress reports every six months to the Council, commencing on 11 April 1996;
Decides to remain seized of the matter.
Resolution 1137 (November 12, 1997)
The Security Council,
Recalling all its previous relevant resolutions, and in particular its resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 1060 (1996) of 12 June 1996, 1115 (1997) of 21 June 1997, and 1134 (1997) of 23 October 1997,
Taking note with grave concern of the letter of 29 October 1997 from the Deputy Prime Minister of Iraq to the President of the Security Council (S/1997/829) conveying the unacceptable decision of the Government of Iraq to seek to impose conditions on its cooperation with the Special Commission, of the letter of 2 November 1997 from the Permanent Representative of Iraq to the United Nations to the Executive Chairman of the Special Commission (S/1997/837, annex) which reiterated the unacceptable demand that the reconnaissance aircraft operating on behalf of the Special Commission be withdrawn from use and which implicitly threatened the safety of such aircraft, and of the letter of 6 November 1997 from the Minister of Foreign Affairs of Iraq to the President of the Security Council (S/1997/855) admitting that Iraq has moved dual-capable equipment which is subject to monitoring by the Special Commission,
Also taking note with grave concern of the letters of 30 October 1997 (S/1997/830) and 2 November 1997 (S/1997/836) from the Executive Chairman of the Special Commission to the President of the Security Council advising that the Government of Iraq had denied entry to Iraq to two Special Commission officials on 30 October 1997 and 2 November 1997 on the grounds of their nationality, and of the letters of 3 November 1997 (S/1997/837), 4 November 1997 (S/1997/843), 5 November 1997 (S/1997/851) and 7 November 1997 (S/1997/864) from the Executive Chairman of the Special Commission to the President of the Security Council advising that the Government of Iraq had denied entry to sites designated for inspection by the Special Commission on 3, 4, 5, 6 and 7 November 1997 to Special Commission inspectors on the grounds of their nationality, and of the additional information in the Executive Chairman’s letter of 5 November 1997 to the President of the Security Council (S/1997/851) that the Government of Iraq has moved significant pieces of dual-capable equipment subject to monitoring by the Special Commission, and that monitoring cameras appear to have been tampered with or covered,
Welcoming the diplomatic initiatives, including that of the high-level mission of the Secretary-General, which have taken place in an effort to ensure that Iraq complies unconditionally with its obligations under the relevant resolutions,
Deeply concerned at the report of the high-level mission of the Secretary-General on the results of its meetings with the highest levels of the Government of Iraq,
Recalling that its resolution 1115 (1997) expressed its firm intention, unless the Special Commission advised the Council that Iraq is in substantial compliance with paragraphs 2 and 3 of that resolution, to impose additional measures on those categories of Iraqi officials responsible for the non-compliance,
Recalling also that its resolution 1134 (1997) reaffirmed its firm intention, if inter alia the Special Commission reports that Iraq is not in compliance with paragraphs 2 and 3 of resolution 1115 (1997), to adopt measures which would oblige States to refuse the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces who are responsible for or participate in instances of non-compliance with paragraphs 2 and 3 of resolution 1115 (1997),
Recalling further the Statement of its President of 29 October 1997 (S/PRST/1997/49) in which the Council condemned the decision of the Government of Iraq to try to dictate the terms of its compliance with its obligation to cooperate with the Special Commission, and warned of the serious consequences of Iraq’s failure to comply immediately and fully and without conditions or restrictions with its obligations under the relevant resolutions,
Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,
Determined to ensure immediate and full compliance without conditions or restrictions by Iraq with its obligations under the relevant resolutions,
Determining that this situation continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter,
1. Condemns the continued violations by Iraq of its obligations under the relevant resolutions to cooperate fully and unconditionally with the Special Commission in the fulfillment of its mandate, including its unacceptable decision of 29 October 1997 to seek to impose conditions on cooperation with the Special Commission, its refusal on 30 October 1997 and 2 November 1997 to allow entry to Iraq to two Special Commission officials on the grounds of their nationality, its denial of entry on 3, 4, 5, 6 and 7 November 1997 to sites designated by the Special Commission for inspection to Special Commission inspectors on the grounds of their nationality, its implicit threat to the safety of the reconnaissance aircraft operating on behalf of the Special Commission, its removal of significant pieces of dual-use equipment from their previous sites, and its tampering with monitoring cameras of the Special Commission;
2. Demands that the Government of Iraq rescind immediately its decision of 29 October 1997;
3. Demands also that Iraq cooperate fully and immediately and without conditions or restrictions with the Special Commission in accordance with the relevant resolutions, which constitute the governing standard of Iraqi compliance;
4. Decides, in accordance with paragraph 6 of resolution 1134 (1997), that States shall without delay prevent the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces who were responsible for or participated in the instances of non-compliance detailed in paragraph 1 above, provided that the entry of a person into a particular State on a specified date may be authorized by the Committee established by resolution 661 (1990) of 6 August 1990, and provided that nothing in this paragraph shall oblige a State to refuse entry into its own territory to its own nationals, or to persons carrying out bona fide diplomatic assignments, or missions approved by the Committee established by resolution 661 (1990);
5. Decides also, in accordance with paragraph 7 of resolution 1134 (1997), to designate in consultation with the Special Commission a list of individuals whose entry or transit will be prevented under the provisions of paragraph 4 above, and requests the Committee established by resolution 661 (1990) to develop guidelines and procedures as appropriate for the implementation of the measures set out in paragraph 4 above, and to transmit copies of these guidelines and procedures, as well as a list of the individuals designated, to all Member States;
6. Decides that the provisions of paragraphs 4 and 5 above shall terminate one day after the Executive Chairman of the Special Commission reports to the Council that Iraq is allowing the Special Commission inspection teams immediate, unconditional and unrestricted access to any and all areas, facilities, equipment, records and means of transportation which they wish to inspect in accordance with the mandate of the Special Commission, as well as to officials and other persons under the authority of the Iraqi Government whom the Special Commission wishes to interview so that the Special Commission may fully discharge its mandate;
7. Decides that the reviews provided for in paragraphs 21 and 28 of resolution 687 (1991) shall resume in April 1998 in accordance with paragraph 8 of resolution 1134 (1997), provided that the Government of Iraq shall have complied with paragraph 2 above;
8. Expresses the firm intention to take further measures as may be required for the implementation of this resolution;
9. Reaffirms the responsibility of the Government of Iraq under the relevant resolutions to ensure the safety and security of the personnel and equipment of the Special Commission and its inspection teams;
10. Reaffirms also its full support for the authority of the Special Commission under its Executive Chairman to ensure the implementation of its mandate under the relevant resolutions of the Council;
11. Decides to remain seized of the matter.
Resolution 1194 (September 9, 1998)
The Security Council,
Recalling all its previous relevant resolutions, and in particular its resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 1060 (1996) of 12 June 1996, 1115 (1997) of 21 June 1997 and 1154 (1998) of 2 March 1998,
Noting the announcement by Iraq on 5 August 1998 that it had decided to suspend cooperation with the United Nations Special Commission and the International Atomic Energy Agency (IAEA) on all disarmament activities and restrict ongoing monitoring and verification activities at declared sites, and/or actions implementing the above decision,
Stressing that the necessary conditions do not exist for the modification of the measures referred to in section F of resolution 687 (1991),
Recalling the letter from the Executive Chairman of the Special Commission to the President of the Security Council of 12 August 1998 (S/1998/767), which reported to the Council that Iraq had halted all disarmament activities of the Special Commission and placed limitations on the rights of the Commission to conduct its monitoring operations,
Recalling also the letter from the Director General of the IAEA to the President of the Security Council of 11 August 1998 (S/1998/766) which reported the refusal by Iraq to cooperate in any activity involving investigation of its clandestine nuclear program and other restrictions of access placed by Iraq on the ongoing monitoring and verification program of the IAEA,
Noting the letters of 18 August 1998 from the President of the Security Council to the Executive Chairman of the Special Commission and the Director General of the IAEA (S/1998/769, S/1998/768), which expressed the full support of the Security Council for those organizations in the implementation of the full range of their mandated activities, including inspections,
Recalling the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), in which Iraq reiterated its undertaking to cooperate fully with the Special Commission and the IAEA,
Noting that the announcement by Iraq of 5 August 1998 followed a period of increased cooperation and some tangible progress achieved since the signing of the Memorandum of Understanding,
Reiterating its intention to respond favorably to future progress made in the disarmament process and reaffirming its commitment to comprehensive implementation of its resolutions, in particular resolution 687 (1991),
Determined to ensure full compliance by Iraq with its obligations under all previous resolutions, in particular resolutions 687 (1991), 707 (1991), 715 (1991), 1060 (1996), 1115 (1997) and 1154 (1998), to permit immediate, unconditional and unrestricted access to the Special Commission and the IAEA to all sites which they wish to inspect, and to provide the Special Commission and the IAEA with all the cooperation necessary for them to fulfil their mandates under those resolutions,
Stressing the unacceptability of any attempts by Iraq to deny access to any sites or to refuse to provide the necessary cooperation,
Expressing its readiness to consider, in a comprehensive review, Iraq’s compliance with its obligations under all relevant resolutions once Iraq has rescinded its above-mentioned decision and demonstrated that it is prepared to fulfil all its obligations, including, in particular on disarmament issues, by resuming full cooperation with the Special Commission and the IAEA consistent with the Memorandum of Understanding, as endorsed by the Council in resolution 1154 (1998), and to that end welcoming the proposal of the Secretary-General for such a comprehensive review and inviting the Secretary-General to provide his views in that regard,
Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the decision by Iraq of 5 August 1998 to suspend cooperation with the Special Commission and the IAEA, which constitutes a totally unacceptable contravention of its obligations under resolutions 687 (1991), 707 (1991), 715 (1991), 1060 (1996), 1115 (1997) and 1154 (1998), and the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998;
2. Demands that Iraq rescind its above-mentioned decision and cooperate fully with the Special Commission and the IAEA in accordance with its obligations under the relevant resolutions and the Memorandum of Understanding as well as resume dialogue with the Special Commission and the IAEA immediately;
3. Decides not to conduct the review scheduled for October 1998 provided for in paragraphs 21 and 28 of resolution 687 (1991), and not to conduct any further such reviews until Iraq rescinds its above-mentioned decision of 5 August 1998 and the Special Commission and the IAEA report to the Council that they are satisfied that they have been able to exercise the full range of activities provided for in their mandates, including inspections;
4. Reaffirms its full support for the Special Commission and the IAEA in their efforts to ensure the implementation of their mandates under the relevant resolutions of the Council;
5. Reaffirms its full support for the Secretary-General in his efforts to urge Iraq to rescind its above-mentioned decision;
6. Reaffirms its intention to act in accordance with the relevant provisions of resolution 687 (1991) on the duration of the prohibitions referred to in that resolution and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so;
7. Decides to remain seized of the matter.
UN Security Council Resolution 1205
The UN Security Council votes on November 5, 1998, to condemn Iraq's decision to end cooperation with UN weapons inspectors.
The Security Council,
Recalling all its previous relevant resolutions on the situation in Iraq, in particular its resolution 1154 (1998) of 2 March 1998 and 1194 (1998) of 9 September 1998,
Noting with alarm the decision of Iraq on 31 October 1998 to cease cooperation with the United Nations Special Commission, and its continued restrictions on the work of the International Atomic Energy Agency (IAEA),
Noting the letters from the Deputy Executive Chairman of the Special Commission of 31 October 1998 (S/1998/1023) and from the Executive Chairman of the Special Commission of 2 November 1998 (S/1998/1032) to the President of the Security Council, which reported to the Council the decision by Iraq and described the implications of that decision for the work of the Special Commission, and noting also the letter from the Director General of the IAEA of 3 November 1998 (S/1998/1033, annex) which described the implications of the decision for the work of the IAEA,
Determined to ensure immediate and full compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) of 3 April 1991 and the other relevant resolutions,
Recalling that the effective operation of the Special Commission and the IAEA is essential for the implementation of resolution 687 (1991),
Reaffirming its readiness to consider, in a comprehensive review, Iraq’s compliance with its obligations under all relevant resolutions once Iraq has rescinded its above-mentioned decision and its decision of 5 August 1998 and demonstrated that it is prepared to fulfil all its obligations, including in particular on disarmament issues, by resuming full cooperation with the Special Commission and the IAEA consistent with the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), endorsed by the Council in resolution 1154 (1998),
Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the decision by Iraq of 31 October 1998 to cease cooperation with the Special Commission as a flagrant violation of resolution 687 (1991) and other relevant resolutions;
2. Demands that Iraq rescind immediately and unconditionally the decision of 31 October 1998, as well as the decision of 5 August 1998, to suspend cooperation with the Special Commission and to maintain restrictions on the work of the IAEA, and that Iraq provide immediate, complete and unconditional cooperation with the Special Commission and the IAEA;
3. Reaffirms its full support for the Special Commission and the IAEA in their efforts to ensure the implementation of their mandates under the relevant resolutions of the Council;
4. Expresses its full support for the Secretary-General in his efforts to seek full implementation of the Memorandum of Understanding of 23 February 1998;
5. Reaffirms its intention to act in accordance with the relevant provisions of resolution 687 (1991) on the duration of the prohibitions referred to in that resolution, and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so;
6. Decides, in accordance with its primary responsibility under the Charter for the maintenance of international peace and security, to remain actively seized of the matter.
UN Security Council Resolution 1205
The UN Security Council votes on November 5, 1998, to condemn Iraq's decision to end cooperation with UN weapons inspectors.
The Security Council,
Recalling all its previous relevant resolutions on the situation in Iraq, in particular its resolution 1154 (1998) of 2 March 1998 and 1194 (1998) of 9 September 1998,
Noting with alarm the decision of Iraq on 31 October 1998 to cease cooperation with the United Nations Special Commission, and its continued restrictions on the work of the International Atomic Energy Agency (IAEA),
Noting the letters from the Deputy Executive Chairman of the Special Commission of 31 October 1998 (S/1998/1023) and from the Executive Chairman of the Special Commission of 2 November 1998 (S/1998/1032) to the President of the Security Council, which reported to the Council the decision by Iraq and described the implications of that decision for the work of the Special Commission, and noting also the letter from the Director General of the IAEA of 3 November 1998 (S/1998/1033, annex) which described the implications of the decision for the work of the IAEA,
Determined to ensure immediate and full compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) of 3 April 1991 and the other relevant resolutions,
Recalling that the effective operation of the Special Commission and the IAEA is essential for the implementation of resolution 687 (1991),
Reaffirming its readiness to consider, in a comprehensive review, Iraq’s compliance with its obligations under all relevant resolutions once Iraq has rescinded its above-mentioned decision and its decision of 5 August 1998 and demonstrated that it is prepared to fulfil all its obligations, including in particular on disarmament issues, by resuming full cooperation with the Special Commission and the IAEA consistent with the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), endorsed by the Council in resolution 1154 (1998),
Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the decision by Iraq of 31 October 1998 to cease cooperation with the Special Commission as a flagrant violation of resolution 687 (1991) and other relevant resolutions;
2. Demands that Iraq rescind immediately and unconditionally the decision of 31 October 1998, as well as the decision of 5 August 1998, to suspend cooperation with the Special Commission and to maintain restrictions on the work of the IAEA, and that Iraq provide immediate, complete and unconditional cooperation with the Special Commission and the IAEA;
3. Reaffirms its full support for the Special Commission and the IAEA in their efforts to ensure the implementation of their mandates under the relevant resolutions of the Council;
4. Expresses its full support for the Secretary-General in his efforts to seek full implementation of the Memorandum of Understanding of 23 February 1998;
5. Reaffirms its intention to act in accordance with the relevant provisions of resolution 687 (1991) on the duration of the prohibitions referred to in that resolution, and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so;
6. Decides, in accordance with its primary responsibility under the Charter for the maintenance of international peace and security, to remain actively seized of the matter.
Protocol Concerning Redeployment in Hebron
On January 17, 1997, Israel and the Palestinians signed this protocol, which specifically designated areas of control, including religious sites, in the religiously and culturally mixed town of Hebron.
In accordance with the provisions of the Interim Agreement and in particular of Article VII of Annex I to the Interim Agreement, both Parties have agreed on this Protocol for the implementation of the redeployment in Hebron.
Security Arrangements Regarding Redeployment in Hebron
1. Redeployment in Hebron
The redeployment of Israeli Military Forces in Hebron will be carried out in accordance with the Interim Agreement and this Protocol. This redeployment will be completed not later than ten days from the signing of this Protocol. During these ten days both sides will exert every possible effort to prevent friction and any action that would prevent the redeployment. This redeployment shall constitute full implementation of the provisions of the Interim Agreement with regard to the City of Hebron unless otherwise provided for in Article VII of Annex I to the Interim Agreement.
2. Security Powers and Responsibilities
a.1. The Palestinian Police will assume responsibilities in Area H-1 similar to those in other cities in the West Bank; and
2. Israel will retain all powers and responsibilities for internal security and public order in Area H-2. In addition, Israel will continue to carry the responsibility for overall security of Israelis.
b. In this context—both sides reaffirm their commitment to honor the relevant security provisions of the Interim Agreement, including the provisions regarding Arrangements for Security and Public Order (Article XII of the Interim Agreement); Prevention of Hostile Acts (Article XV of the Interim Agreement); Security Policy for the Prevention of Terrorism and Violence (Article II of Annex I to the Interim Agreement); Guidelines for Hebron (Article VII of Annex I to the Interim Agreement); and Rules of Conduct in Mutual Security Matters (Article XI of Annex I to the Interim Agreement).
3. Agreed Security Arrangements
a. With a view to ensuring mutual security and stability in the City of Hebron, special security arrangements will apply adjacent to the areas under the security responsibility of Israel, in Area H-1, in the area between the Palestinian Police checkpoints delineated on the map attached to this Protocol as Appendix 1 (hereinafter referred to as ìthe attached mapî) and the areas under the security responsibility of Israel.
b. The purpose of the abovementioned checkpoints will be to enable the Palestinian Police, exercising their responsibilities under the Interim Agreement, to prevent entry of armed persons and demonstrators or other people threatening security and public order, into the abovementioned area.
4. Joint Security Measures
a. The DCO will establish a sub-office in the City of Hebron as indicated on the attached map.
b. JMU will operate in Area H-2 to handle incidents that involve Palestinians only. The JMU movement will be detailed on the attached map. The DCO will coordinate the JMU movement and activity.
c. As part of the security arrangements in the area adjacent to the areas under the security responsibility of Israel, as defined above, Joint Mobile Units will be operating in this area, with special focus on the following places:
1. Abu Sneinah
2. Harat A-Sheikh
3. Sha’aba
4. The high ground overlooking new Route No. 35.
d. Two Joint Patrols will function in Area H-1:
1. a Joint Patrol which will operate on the road from Ras e-Jura to the north of the Dura junction via E-Salaam Road, as indicated on the attached map; and
2. a Joint Patrol which will operate on existing Route No. 35, including the eastern part of existing Route No. 35, as indicated on the attached map.
e. The Palestinian and Israeli side of the Joint Mobile Units in the City of Hebron will be armed with equivalent types of weapons (Mini-Ingraham submachine guns for the Palestinian side and short M16s for the Israeli side).
f. With a view to dealing with the special security situation in the City of Hebron, a Joint Coordination Center (hereinafter the ìJCCî) headed by senior officers of both sides, will be established in the DCO at Har Manoah/Jabel Manoah. The purpose of the JCC will be to coordinate the joint security measures in the City of Hebron. The JCC will be guided by all the relevant provisions of the Interim Agreement, including Annex I and this Protocol. In this context, each side will notify the JCC of demonstrations and actions taken in respect of such demonstrations, and of any security activity, close to the areas under the responsibility of the other side, including in the area defined in Article 3(a) above. The JCC shall be informed of activities in accordance with Article 5(d)(3) of this Protocol.
5. The Palestinian Police
a. Palestinian police stations or posts will be established in Area H-1, manned by a total of up to 400 policemen, equipped with 20 vehicles and armed with 200 pistols, and 100 rifles for the protection of the police stations.
b. Four designated Rapid Response Teams (RRTs) will be established and stationed in Area H-1, one in each of the police stations, as delineated on the attached map. The main task of the RRTs will be to handle special security cases. Each RRT shall be comprised of up to 16 members.
c. The above mentioned rifles will be designated for the exclusive use of the RRTs, to handle special cases.
d. 1. The Palestinian Police shall operate freely in Area H-1.
2. Activities of the RRTs armed with rifles in the Agreed Adjacent Area, as defined in Appendix 2, shall require the agreement of the JCC.
3. The RRTs will use the rifles in the rest of Area H-1 to fulfil their above mentioned tasks.
e. The Palestinian Police will ensure that all Palestinian policemen, prior to their deployment in the City of Hebron, will pass a security check in order to verify their suitability for service, taking into account the sensitivity of the area.
6. Holy Sites
a. Paragraphs 2 and 3(a) of Article 32 of Appendix 1 to Annex III of the Interim Agreement will be applicable to the following Holy Sites in Area H-1:
1. The Cave of Othniel Ben Knaz/El-Khalil;
2. Elonei Mamre/Haram Er-Rameh;
3. Eshel Avraham/Balotat Ibrahim; and
4. Maayan Sarah/Ein Sarah.
b. The Palestinian Police will be responsible for the protection of the above Jewish Holy Sites. Without derogating from the above responsibility of the Palestinian Police, visits to the above Holy Sites by worshippers or other visitors shall be accompanied by a Joint Mobile Unit, which will ensure free, unimpeded and secure access to the Holy Sites, as well as their peaceful use.
7. Normalization of Life in the Old City
a. Both sides reiterate their commitment to maintain normal life throughout the City of Hebron and to prevent any provocation or friction that may affect the normal life in the city.
In this context, both sides are committed to take all steps and measures necessary for the normalization of life in Hebron, including:
1. The wholesale market—Hasbahe—will be opened as a retail market in which goods will be sold directly to consumers from within the existing shops.
2. The movement of vehicles on the Shuhada Road will be gradually returned, within 4 months, to the same situation which existed prior to February 1994.
8. The Imara
The Imara will be turned over to the Palestinian side upon the completion of the redeployment and will become the headquarters of the Palestinian Police in the City of Hebron.
9. City of Hebron
Both sides reiterate their commitment to the unity of the City of Hebron, and their understanding that the division of security responsibility will not divide the city. In this context, and without derogating from the security powers and responsibilities of either side, both sides share the mutual goal that movement of people, goods and vehicles within and in and out of the city will be smooth and normal, without obstacles or barriers.
Civil Arrangements Regarding the Redeployment in Hebron
10. Transfer of Civil Powers and Responsibilities
a. The transfer of civil powers and responsibilities that have yet to be transferred to the Palestinian side in the city of Hebron (12 spheres) in accordance with Article VII of Annex I to the Interim Agreement shall be conducted concurrently with the beginning of the redeployment of Israeli military forces in Hebron.
b. In Area H-2, the civil powers and responsibilities will be transferred to the Palestinian side, except for those relating to Israelis and their property, which shall continue to be exercised by the Israeli Military Government.
11. Planning, Zoning and Building
a. The two parties are equally committed to preserve and protect the historic character of the city in a way which does not harm or change that character in any part of the city.
b. The Palestinian side has informed the Israeli side that in exercising its powers and responsibilities, taking into account the existing municipal regulations, it has undertaken to implement the following provisions:
1. Proposed construction of buildings above two floors (6 meters) within 50 meters of the external boundaries of the locations specified in the list attached to this Protocol as Appendix 3 (hereinafter referred to as ìthe attached listî) will be coordinated through the DCL.
2. Proposed construction of buildings above three floors (9 meters) between 50 and 100 meters of the external boundaries of the locations specified in the attached list will be coordinated through the DCL.
3. Proposed construction of non-residential, non-commercial buildings within 100 meters of the external boundaries of the locations specified in the attached list that are designed for uses that may adversely affect the environment (such as industrial factories) or buildings and institutions in which more that 50 persons are expected to gather together will be coordinated through the DCL.
4. Proposed construction of buildings above two floors (6 meters) within 50 meters from each side of the road specified in the attached list will be coordinated through the DCL.
5. The necessary enforcement measures will be taken to ensure compliance on the ground with the preceding provisions.
6. This Article does not apply to existing buildings or to new construction or renovation for which fully approved permits were issued by the Municipality prior to January 15th, 1997.
12. Infrastructure
a. The Palestinian side shall inform the Israeli side, through the DCL, 48 hours in advance of any anticipated activity regarding infrastructure which may disturb the regular flow of traffic on roads in Area H-2 or which may affect infrastructure (such as water, sewage, electricity and communications) serving Area H-2.
b. The Israeli side may request, through the DCL, that the Municipality carry out works regarding the roads or other infrastructure required for the well being of the Israelis in Area H-2. If the Israeli side offers to cover the costs of these works, the Palestinian side will ensure that these works are carried out as a top priority.
c. The above does not prejudice the provisions of the Interim Agreement regarding the access to infrastructure, facilities and installations located in the city of Hebron, such as the electricity grid.
13. Transportation
The Palestinian side shall have the power to determine bus stops, traffic arrangements and traffic signalization in the city of Hebron. Traffic signalization, traffic arrangements and the location of bus stops in Area H-2 will remain as they are on the date of the redeployment in Hebron. Any subsequent change in these arrangements in Area H-2 will be done in cooperation between the two sides in the transportation sub-committee.
14. Municipal Inspectors
a. In accordance with paragraph 4.c of Article VII of Annex I of the Interim Agreement, plainclothes unarmed municipal inspectors will operate in Area H-2. The number of these inspectors shall not exceed 50.
b. The inspectors shall carry official identification cards with a photograph issued by the Municipality.
c. The Palestinian side may request the assistance of the Israel Police, through the DCL of Hebron, in order to carry out its enforcement activities in Area H-2.
15. Location of Offices of the Palestinian Council
The Palestinian side, when operating new offices in Area H-2, will take into consideration the need to avoid provocation and friction. Where establishing such offices might affect public order or security the two sides will cooperate to find a suitable solution.
16. Municipal Services
In accordance with paragraph 5 of Article VII of Annex I of the Interim Agreement, municipal services shall be provided regularly and continuously to all parts of the city of Hebron, at the same quality and cost. The cost shall be determined by the Palestinian side with respect to work done and materials consumed, without discrimination.
Miscellaneous
17. Temporary International Presence
There will be a Temporary International Presence in Hebron (TIPH). Both sides will agree on the modalities of the TIPH, including the number of its members and its area of operation.
18. Annex I
Nothing in this Protocol will derogate from the security powers and responsibilities of either side in accordance with Annex I to the Interim Agreement.
19. Attached Appendices
The appendices attached to this Protocol shall constitute an integral part hereof.
Done at Jerusalem, this 17th day of January 1997.
D. Shomrom S. Erakat
For the Government of For the PLO
the State of Israel
Following is the ìWye Memorandumî that was signed between Israeli prime minister Benjamin Netanyahu and Palestinian Authority chairman Yasir Arafat on October 23, 1998, through the mediation of U.S. president Bill Clinton and Jordan’s King Hussein. This document allows for the implementation of the Interim Agreement signed in September 1995 by guaranteeing the further Israeli withdrawal from 13 percent of the West Bank, in exchange for increased Palestinian security measures.
The following are steps to facilitate implementation of the Interim Agreement on the West Bank and Gaza Strip of September 28, 1995 (the ìInterim Agreementî) and other related agreements including the Note for the Record of January 17, 1997 (hereinafter referred to as ìthe prior agreementsî) so that the Israeli and Palestinian sides can more effectively carry out their reciprocal responsibilities, including those relating to further redeployments and security respectively. These steps are to be carried out in a parallel phased approach in accordance with this Memorandum and the attached time line. They are subject to the relevant terms and conditions of the prior agreements and do not supersede their other agreements.
I. Further Redeployments
A. Phase One and Two Further Redeployments
1. Pursuant to the Interim Agreement and subsequent agreements, the Israeli side’s implementation of the first and second F.R.D. will consist of the transfer to the Palestinian side of 13% from Area C as follows:
1% to Area (A)
12% to Area (B)
The Palestinian side has informed that it will allocate an area/areas amounting to 3% from the above Area (B) to be designated as Green Areas and/or Nature Reserves. The Palestinian side has further informed that they will act according to the established scientific standards, and that therefore there will be no changes in the status of these areas, without prejudice to the rights of the existing inhabitants in these areas including Bedouins; while these standards do not allow new construction in these areas, existing roads and buildings may be maintained.
The Israeli side will retain in these Green Areas/Nature Reserves the overriding security responsibility for the purpose of protecting Israelis and confronting the threat of terrorism. Activities and movements of the Palestinian Police forces may be carried out after coordination and confirmation; the Israeli side will respond to such requests expeditiously.
2. As part of the foregoing implementation of the first and second F.R.D., 14.2% from Area (B) will become Area (A).
B. Third Phase of Further Redeployments
With regard to the terms of the Interim Agreement and of Secretary [of State Warren] Christopher’s letters to the two sides of January 17, 1997 relating to the further redeployment process, there will be a committee to address this question. The United States will be briefed regularly.
II. Security
In the provisions on security arrangements of the Interim Agreement, the Palestinian side agreed to take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against the Israeli side, against individuals falling under the Israeli side’s authority and against their property, just as the Israeli side agreed to take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against the Palestinian side, against individuals falling under the Palestinian side’s authority and against their property. The two sides also agreed to take legal measures against offenders within their jurisdiction and to prevent incitement against each other by any organizations, groups or individuals within their jurisdiction.
Both sides recognize that it is in their vital interests to combat terrorism and fight violence in accordance with Annex I of the Interim Agreement and the Note for the Record. They also recognize that the struggle against terror and violence must be comprehensive in that it deals with terrorists, the terror support structure, and the environment conducive to the support of terror. It must be continuous and constant over a long-term, in that there can be no pauses in the work against terrorists and their structure. It must be cooperative in that no effort can be fully effective without Israeli-Palestinian cooperation and the continuous exchange of information, concepts, and actions.
Pursuant to the prior agreements, the Palestinian side’s implementation of its responsibilities for security, security cooperation, and other issues will be as detailed below during the time periods specified in the attached time line:
A. Security Actions
1. Outlawing and Combating Terrorist Organizations
å The Palestinian side will make known its policy of zero tolerance for terror and violence against both sides.
å A work plan developed by the Palestinian side will be shared with the U.S. and thereafter implementation will begin immediately to ensure the systematic and effective combat of terrorist organizations and their infrastructure.
å In addition to the bilateral Israeli-Palestinian security cooperation, a U.S.-Palestinian committee will meet biweekly to review the steps being taken to eliminate terrorist cells and the support structure that plans, finances, supplies and abets terror. In these meetings, the Palestinian side will inform the U.S. fully of the actions it has taken to outlaw all organizations (or wings of organizations, as appropriate) of a military, terrorist or violent character and their support structure and to prevent them from operating in areas under its jurisdiction.
å The Palestinian side will apprehend the specific individuals suspected of perpetrating acts of violence and terror for the purpose of further investigation, and prosecution and punishment of all persons involved in acts of violence and terror.
å A U.S.-Palestinian committee will meet to review and evaluate information pertinent to the decisions on prosecution, punishment or other legal measures which affect the status of individuals suspected of abetting or perpetrating acts of violence and terror.
2. Prohibiting Illegal Weapons
å The Palestinian side will ensure an effective legal framework is in place to criminalize, in conformity with the prior agreements, any importation, manufacturing or unlicensed sale, acquisition or possession of firearms, ammunition or weapons in areas under Palestinian jurisdiction.
å In addition, the Palestinian side will establish and vigorously and continuously implement a systematic program for the collection and appropriate handling of all such illegal items in accordance with the prior agreements. The U.S. has agreed to assist in carrying out this program.
å A U.S.-Palestinian-Israeli committee will be established to assist and enhance cooperation in preventing the smuggling or other unauthorized introduction of weapons or explosive materials into areas under Palestinian jurisdiction.
3. Preventing Incitement
å Drawing on relevant international practice and pursuant to Article XXII (1) of the Interim Agreement and the Note for the Record, the Palestinian side will issue a decree prohibiting all forms of incitement to violence or terror, and establishing mechanisms for acting systematically against all expressions or threats of violence or terror. This decree will be comparable to the existing Israeli legislation which deals with the same subject.
å A U.S.-Palestinian-Israeli committee will meet on a regular basis to monitor cases of possible incitement to violence or terror and to make recommendations and reports on how to prevent such incitement. The Israeli, Palestinian and U.S. sides will each appoint a media specialist, a law enforcement representative, an educational specialist and a current or former elected official to the committee.
B. Security Cooperation
The two sides agree that their security cooperation will be based on a spirit of partnership and will include, among other things, the following steps:
1. Bilateral Cooperation
There will be full bilateral security cooperation between the two sides which will be continuous, intensive and comprehensive.
2. Forensic Cooperation
There will be an exchange of forensic expertise, training, and other assistance.
3. Trilateral Committee
In addition to the bilateral Israeli-Palestinian security cooperation, a high-ranking U.S.-Palestinian-Israeli committee will meet as required and not less than biweekly to assess current threats, deal with any impediments to effective security cooperation and coordination and address the steps being taken to combat terror and terrorist organizations. The committee will also serve as a forum to address the issue of external support for terror.
In these meetings, the Palestinian side will fully inform the members of the committee of the results of its investigations concerning terrorist suspects already in custody and the participants will exchange additional relevant information The committee will report regularly to the leaders of the two sides on the status of cooperation, the results of the meetings and its recommendations.
C. Other Issues
1. Palestinian Police Force
å The Palestinian side will provide a list of its policemen to the Israeli side in conformity with the prior agreements.
å Should the Palestinian side request technical assistance, the U.S. has indicated its willingness to help meet their needs in cooperation with other donors.
å The Monitoring and Steering Committee will, as part of its functions, monitor the implementation of this provision and brief the U.S.
2. PLO Charter
The Executive Committee of the Palestine Liberation Organization and the Palestinian Central Council will reaffirm the letter of 22 January 1998 from PLO Chairman Yasir Arafat to President Clinton concerning the nullification of the Palestinian National Charter provisions that are inconsistent with the letters exchanged between the PLO and the Government of Israel on 9/10 September 1993. PLO Chairman Arafat, the Speaker of the Palestine National Council, and the Speaker of the Palestinian Council will invite the members of the PNC, as well as the members of the Central Council, the Council, and the Palestinian Heads of Ministries to a meeting to be addressed by President Clinton to reaffirm their support for the peace process and the aforementioned decisions of the Executive Committee and the Central Council.
3. Legal Assistance in Criminal Matters
Among other forms of legal assistance in criminal matters, the requests for arrest and transfer of suspects and defendants pursuant to Article II (7) of Annex IV of the Interim Agreement will be submitted (or resubmitted) through the mechanism of the Joint Israeli-Palestinian Legal Committee and will be responded to in conformity with Article II (7) (f) of Annex IV of the Interim Agreement within the twelve week period. Requests submitted after the eighth week will be responded to in conformity with Article II (7) (f) within four weeks of their submission. The U.S. has been requested by the sides to report on a regular basis on the steps being taken to respond to the above requests.
4. Human Rights and the Rule of Law
Pursuant to Article XI (1) of Annex I of the Interim Agreement, and without derogating from the above, the Palestinian Police will exercise powers and responsibilities to implement this Memorandum with due regard to internationally accepted norms of human rights and the rule of law, and will be guided by the need to protect the public, respect human dignity, and avoid harassment.
III. Interim Committees and Economic Issues
1. The Israeli and Palestinian sides reaffirm their commitment to enhancing their relationship and agree on the need to actively promote economic development in the West Bank and Gaza. In this regard, the parties agree to continue or to reactivate all standing committees established by the Interim Agreement, including the Monitoring and Steering Committee, the Joint Economic Committee (JEC), the Civil Affairs Committee (CAC), the Legal Committee, and the Standing Cooperation Committee.
2. The Israeli and Palestinian sides have agreed on arrangements which will permit the timely opening of the Gaza Industrial Estate. They also have concluded a ìProtocol Regarding the Establishment and Operation of the International Airport in the Gaza Strip During the Interim Period.î
3. Both sides will renew negotiations on Safe Passage immediately. As regards the southern route, the sides will make best efforts to conclude the agreement within a week of the entry into force of this Memorandum. Operation of the southern route will start as soon as possible thereafter. As regards the northern route, negotiations will continue with the goal of reaching agreement as soon as possible. Implementation will take place expeditiously thereafter.
4. The Israeli and Palestinian sides acknowledge the great importance of the Port of Gaza for the development of the Palestinian economy, and the expansion of Palestinian trade. They commit themselves to proceeding without delay to conclude an agreement to allow the construction and operation of the port in accordance with the prior agreements. The Israeli-Palestinian Committee will reactivate its work immediately with a goal of concluding the protocol within sixty days, which will allow commencement of the construction of the port.
5. The two sides recognize that unresolved legal issues adversely affect the relationship between the two peoples. They therefore will accelerate efforts through the Legal Committee to address outstanding legal issues and to implement solutions to these issues in the shortest possible period. The Palestinian side will provide to the Israeli side copies of all of its laws in effect.
6. The Israeli and Palestinian sides also will launch a strategic economic dialogue to enhance their economic relationship. They will establish within the framework of the JEC an Ad Hoc Committee for this purpose. The committee will review the following four issues:
1. Israeli purchase taxes;
2. cooperation in combating vehicle theft;
3. dealing with unpaid Palestinian debts; and
4. the impact of Israeli standards as barriers to trade and the expansion of the A1 and A2 lists.
The committee will submit an interim report within three weeks of the entry into force of this Memorandum, and within six weeks will submit its conclusions and recommendations to be implemented.
7. The two sides agree on the importance of continued international donor assistance to facilitate implementation by both sides of agreements reached. They also recognize the need for enhanced donor support for economic development in the West Bank and Gaza. They agree to jointly approach the donor community to organize a Ministerial Conference before the end of 1998 to seek pledges for enhanced levels of assistance.
IV. Permanent Status Negotiations
The two sides will immediately resume permanent status negotiations on an accelerated basis and will make a determined effort to achieve the mutual goal of reaching an agreement by May 4, 1999. The negotiations will be continuous and without interruption. The U.S. has expressed its willingness to facilitate these negotiations.
V. Unilateral Actions
Recognizing the necessity to create a positive environment for the negotiations, neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip in accordance with the Interim Agreement.
Attachment: Time Line
This Memorandum will enter into force ten days from the date of signature.
Done at Washington, D.C. this 23d day of October 1998.
For the Government of the State of Israel:
Benjamin Netanyahu
For the PLO:
Yassir Arafat
Witnessed by:
William J. Clinton, The United States of America
Time Line
Note: Parenthetical references below are to paragraphs in ìThe Wye River Memorandumî to which this time line is an integral attachment. Topics not included in the time line follow the schedule provided for in the text of the Memorandum.
1. Upon Entry into Force of the Memorandum:
å Third further redeployment committee starts (I (B))
å Palestinian security work plan shared with the U.S. (II (A) (1) (b))
å Full bilateral security cooperation (II (B) (1))
å Trilateral security cooperation committee starts (II (B) (3))
å Interim committees resume and continue; Ad Hoc Economic Committee starts (III)
å Accelerated permanent status negotiations start (IV)
2. Entry into Force—Week 2:
å Security work plan implementation begins (II (A) (1) (b)); (II (A) (1) (c)) committee starts
å Illegal weapons framework in place (II (A) (2) (a));
Palestinian implementation report (II (A) (2) (b))
å Anti-incitement committee starts (II (A) (3) (b)); decree issued (II (A) (3) (a))
å PLO Executive Committee reaffirms Charter letter (II (C) (2))
å Stage 1 of F.R.D. implementation: 2% C to B, 7.1% B to A.
Israeli officials acquaint their Palestinian counterparts as required with areas;
F.R.D. carried out;
report on F.R.D. implementation (I(A))
3. Week 2–6:
å Palestinian Central Council reaffirms Charter letter (weeks two to four) (II (C) (2))
å PNC and other PLO organizations reaffirm Charter letter (weeks four to six) (II (C) (2))
å Establishment of weapons collection program (II (A) (2) (b))
and collection stage (II (A) (2) (c));
committee starts and reports on activities.
å Anti-incitement committee report (II (A) (3) (b))
å Ad Hoc Economic Committee:
interim report at week three;
final report at week six (III)
å Policemen list (II (C) (1) (a));
Monitoring and Steering Committee review starts (II (C) (1) (c)
å Stage 2 of F.R.D. implementation: 5% C to B.
Israeli officials acquaint their Palestinian counterparts as required with areas;
F.R.D. carried out; report on F.R.D. implementation (I (A))
4. Week 6–12:
å Weapons collection stage II (A) (2) (b); II (A) (2) (c) committee report on its activities.
å Anti-incitement committee report (II (A) (3) (b))
å Monitoring and Steering Committee briefs U.S. on policemen list (II (C) (1) (c))
å Stage 3 of F.R.D. implementation: 5% C to B, 1% C to A, 7.1% B to A.
Israeli officials acquaint Palestinian counterparts as required with areas;
F.R.D. carried out;
report on F.R.D. implementation (I (A))
5. After Week 12:
Activities described in the Memorandum continue as appropriate and if necessary, including:
å Trilateral security cooperation committee (II (B)(3))
å (II (A) (1) (c)) committee
å (II (A) (1) (e)) committee
å Anti-incitement committee (II (A) (3) (b))
å Third Phase F.R.D. Committee (I (B))
å Interim Committees (III)
å Accelerated permanent status negotiations (IV)
The Sharm el-Sheikh Memorandum
In late August 1999, Israeli and Palestinian negotiators met in Egypt to negotiate an agreement to implement the Wye River Memorandum. The major points of contention were a timetable for Israeli troop withdrawals from the West Bank, and the release of Palestinians held in Israeli jails for ìsecurityî offenses other than murder of Israeli citizens. The agreement was signed at Sharm el-Sheikh, Egypt, on September 4, 1999. Text of the agreement follows.
The Sharm el-Sheikh Memorandum on Implementation Timeline of Outstanding Commitments of Agreements Signed and the Resumption of Permanent Status Negotiations
The Government of the State of Israel (ìGOIî) and the Palestine Liberation Organization (ìPLOî) commit themselves to full and mutual implementation of the Interim Agreement and all other agreements concluded between them since September 1993 (hereinafter ìthe prior agreementsî), and all outstanding commitments emanating from the prior agreements. Without derogating from the other requirements of the prior agreements, the two Sides have agreed as follows:
1. Permanent Status negotiations:
a. In the context of the implementation of the prior agreements, the two Sides will resume the Permanent Status negotiations in an accelerated manner and will make a determined effort to achieve their mutual goal of reaching a Permanent Status Agreement based on the agreed agenda i.e. the specific issues reserved for Permanent Status negotiators and other issues of common interest;
b. The two Sides reaffirm their understanding that the negotiations on the Permanent Status will lead to the implementation of Security Council Resolutions 242 and 338;
c. The two Sides will make a determined effort to conclude a Framework Agreement on all Permanent Status issues in five months from the resumption of the Permanent Status negotiations;
d. The two Sides will conclude a comprehensive agreement on all Permanent Status issues within one year from the resumption of the Permanent Status negotiations;
e. Permanent Status negotiations will resume after the implementation of the first stage of release of prisoners and the second stage of the First and Second Further Redeployments and not later than September 13, 1999. In the Wye River Memorandum, the United States has expressed its willingness to facilitate these negotiations.
2. Phase One and Phase Two of the Further Redeployments
The Israeli Side undertakes the following with regard to Phase One and Phase Two of the Further Redeployments:
a. On September 5, 1999, to transfer 7% from Area C to Area B;
b. On November 15, 1999, to transfer 2% from Area B to Area A and 3% from Area C to Area B;
c. On January 20, 2000, to transfer 1% from Area C to Area A, and 5.1% from Area B to Area A.
3. Release of Prisoners
a. The two Sides shall establish a joint committee that shall follow-up on matters related to release of Palestinian prisoners;
b. The Government of Israel shall release Palestinian and other prisoners who committed their offences prior to September 13, 1993, and were arrested prior to May 4, 1994. The Joint Committee shall agree on the names of those who will be released in the first two stages. Those lists shall be recommended to the relevant Authorities through the Monitoring and Steering Committee;
c. The first stage of release of prisoners shall be carried out on September 5, 1999 and shall consist of 200 prisoners. The second stage of release of prisoners shall be carried out on October 8, 1999 and shall consist of 150 prisoners;
d. The joint committee shall recommend further lists of names to be released to the relevant Authorities through the Monitoring and Steering Committee;
e. The Israeli side will aim to release Palestinian prisoners before next Ramadan.
4. Committees
a. The Third Further Redeployment Committee shall commence its activities not later than September 13, 1999;
b. The Monitoring and Steering Committee, all Interim Committees (i.e. CAC, JEC, JSC, legal committee, people to people), as well as Wye River Memorandum committees shall resume and/or continue their activity, as the case may be, not later than September 13, 1999. The Monitoring and Steering Committee will have on its agenda, inter alia, the Year 2000, Donor/PA projects in Area C, and the issue of industrial estates;
c. The Continuing Committee on displaced persons shall resume its activity on October 1, 1999 (Article XXVII, Interim Agreement);
d. Not later than October 30, 1999, the two Sides will implement the recommendations of the Ad-hoc Economic Committee (Article III-6, WRM).
5. Safe Passage
a. The operation of the Southern Route of the Safe Passage for the movement of persons, vehicles, and goods will start on October 1, 1999 (Annex I, Article X, Interim Agreement) in accordance with the details of operation, which will be provided for in the Safe Passage Protocol that will be concluded by the two Sides not later than September 30, 1999;
b. The two Sides will agree on the specific location of the crossing point of the Northern Route of the Safe Passage as specified in Annex I, Article X, provision c-4, in the Interim Agreement not later than October 5, 1999;
c. The Safe Passage Protocol applied to the Southern Route of the Safe Passage shall apply to the Northern Route of the Safe Passage with relevant agreed modifications;
d. Upon the agreement on the location of the crossing point of the Northern Route of the Safe Passage, construction of the needed facilities and related procedures shall commence and shall be ongoing. At the same time, temporary facilities will be established for the operation of the Northern Route not later than four months from the agreement on the specific location of the crossing-point;
e. In between the operation of the Southern crossing point of the Safe Passage and the Northern crossing point of the Safe Passage, Israel will facilitate arrangements for the movement between the West Bank and the Gaza Strip, using non-Safe Passage routes other than the Southern Route of the Safe Passage;
f. The location of the crossing points shall be without prejudice to the Permanent Status negotiations (Annex I, Article X, provision e, Interim Agreement).
6. Gaza Sea Port
The two Sides have agreed on the following principles to facilitate and enable the construction works of the Gaza Sea Port. The principles shall not prejudice or preempt the outcome of negotiations on the Permanent Status:
a. The Israeli Side agrees that the Palestinian Side shall commence construction works in and related to the Gaza Sea Port on October 1, 1999;
b. The two Sides agree that the Gaza Sea Port will not be operated in any way before reaching a joint Sea Port protocol on all aspects of operating the Port, including security;
c. The Gaza Sea Port is a special case, like the Gaza Airport, being situated in an area under the responsibility of the Palestinian Side and serving as an international passage. Therefore, until the conclusion of a joint Sea Port Protocol, all activities and arrangements relating to the construction of the Port shall be in accordance with the provisions of the Interim Agreement, especially those relating to international passages, as adapted in the Gaza Airport Protocol;
d. The construction shall ensure adequate provision for effective security and customs inspection of people and goods, as well as the establishment of a designated checking area in the Port;
e. In this context, the Israeli side will facilitate on an on-going basis the works related to the construction of the Gaza Sea Port, including the movement in and out of the Port of vessels, equipment, resources, and material required for the construction of the Port;
f. The two Sides will coordinate such works, including the designs and movement, through a joint mechanism.
7. Hebron Issues
a. The Shuhada Road in Hebron shall be opened for the movement of Palestinian vehicles in two phases. The first phase has been carried out, and the second phase shall be carried out not later than October 30, 1999;
b. The wholesale market-Hasbahe will be opened not later than November 1, 1999, in accordance with arrangements which will be agreed upon by the two Sides;
c. A high level Joint Liaison Committee will convene not later than September 13, 1999 to review the situation in the Tomb of the Patriarchs / Al Haram Al Ibrahimi (Annex I, Article VII, Interim Agreement and as per the January 15, 1998 US Minute of Discussion).
8. Security
a. The two Sides will, in accordance with the prior agreements, act to ensure the immediate, efficient and effective handling of any incident involving a threat or act of terrorism, violence or incitement, whether committed by Palestinians or Israelis. To this end, they will cooperate in the exchange of information and coordinate policies and activities. Each side shall immediately and effectively respond to the occurrence or anticipated occurrence of an act of terrorism, violence or incitement and shall take all necessary measures to prevent such an occurrence;
b. Pursuant to the prior agreements, the Palestinian side undertakes to implement its responsibilities for security, security cooperation, on-going obligations and other issues emanating from the prior agreements, including, in particular, the following obligations emanating from the Wye River Memorandum:
1. continuation of the program for the collection of the illegal weapons, including reports;
2. apprehension of suspects, including reports;
3. forwarding of the list of Palestinian policemen to the Israeli Side not later than September 13, 1999;
4. beginning of the review of the list by the Monitoring and Steering Committee not later than October 15, 1999.
9. The two Sides call upon the international donor community to enhance its commitment and financial support to the Palestinian economic development and the Israeli-Palestinian peace process.
10. Recognizing the necessity to create a positive environment for the negotiations, neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip in accordance with the Interim Agreement.
11. Obligations pertaining to dates, which occur on holidays or Saturdays, shall be carried out on the first subsequent working day.
This memorandum will enter into force one week from the date of its signature.[1]
Made and signed in Sharm el-Sheikh, this fourth day of September 1999.
[1] It is understood that, for technical reasons, implementation of Article 2-a and the first stage mentioned in Article 3-c will be carried out within a week from the signing of this Memorandum.
The Arab League Peace Initiative
The heads of Arab states assembled in Beirut for an Arab League summit endorsed the following plan on March 28, 2002, to address the Arab-Israeli conflict. Israel refused to consider the plan and the next day launched a military operation to reoccupy Palestinian towns and cities in the occupied territories.
The Council of Arab States at the Summit Level at its 14th Ordinary Session,
Reaffirming the resolution taken in June 1996 at the Cairo Extra-Ordinary Arab Summit that a just and comprehensive peace in the Middle East is the strategic option of the Arab countries, to be achieved in accordance with international legality, and which would require a comparable commitment on the part of the Israeli government,
Having listened to the statement made by his royal highness Prince Abdullah bin Abdul Aziz, crown prince of the Kingdom of Saudi Arabia, in which his highness presented his initiative calling for full Israeli withdrawal from all the Arab territories occupied since June 1967, in implementation of Security Council Resolutions 242 and 338, reaffirmed by the Madrid Conference of 1991 and the land-for-peace principle, and Israel's acceptance of an independent Palestinian state with East Jerusalem as its capital, in return for the establishment of normal relations in the context of a comprehensive peace with Israel,
Emanating from the conviction of the Arab countries that a military solution to the conflict will not achieve peace or provide security for the parties, the council:
1. Requests Israel to reconsider its policies and declare that a just peace is its strategic option as well.
2. Further calls upon Israel to affirm:
I- Full Israeli withdrawal from all the territories occupied since 1967, including the Syrian Golan Heights, to the June 4, 1967 lines as well as the remaining occupied Lebanese territories in the south of Lebanon.
II- Achievement of a just solution to the Palestinian refugee problem to be agreed upon in accordance with U.N. General Assembly Resolution 194.
III- The acceptance of the establishment of a sovereign independent Palestinian state on the Palestinian territories occupied since June 4, 1967 in the West Bank and Gaza Strip, with East Jerusalem as its capital.
3. Consequently, the Arab countries affirm the following:
I- Consider the Arab-Israeli conflict ended, and enter into a peace agreement with Israel, and provide security for all the states of the region.
II- Establish normal relations with Israel in the context of this comprehensive peace.
4. Assures the rejection of all forms of Palestinian patriation which conflict with the special circumstances of the Arab host countries.
5. Calls upon the government of Israel and all Israelis to accept this initiative in order to safeguard the prospects for peace and stop the further shedding of blood, enabling the Arab countries and Israel to live in peace and good neighbourliness and provide future generations with security, stability and prosperity.
6. Invites the international community and all countries and organisations to support this initiative.
7. Requests the chairman of the summit to form a special committee composed of some of its concerned member states and the secretary general of the League of Arab States to pursue the necessary contacts to gain support for this initiative at all levels, particularly from the United Nations, the Security Council, the United States of America, the Russian Federation, the Muslim states and the European Union.
The Basic Law was passed by the Palestinian Legislative Council on October 2, 1997, and ratified by Palestinian Authority president Yasir Arafat on May 29, 2002. It was conceived and adopted as an interim constitution.
CHAPTER ONE
Article (1)
Palestine is part of the large Arab World, and the Palestinian people are part of the Arab nation. Arab unity is an objective which the Palestinian people shall work to achieve.
Article (2)
The Palestinian people are the source of all power, which shall be exercised through the legislative, executive, and judicial authorities, based on the principle of separation of powers, and in the manner set forth in this Basic Law.
Article (3)
Jerusalem is the Capital of Palestine.
Article (4)
1. Islam is the official religion in Palestine. Respect and sanctity of all other heavenly religions shall be maintained.
2. The principles of Islamic Sharia shall be the main source of legislation.
3. Arabic shall be the official language.
Article (5)
The governing system in Palestine shall be a democratic parliamentary system based on political and party pluralism. The President of the National Authority shall be directly elected by people. The Government shall be responsible to the President and to the Palestinian Legislative Council.
Article (6)
The principle of the rule of law shall be the basis of government in Palestine. All authorities, powers, agencies, institutions and individuals shall be subject to law.
Article (7)
Palestinian citizenship shall be regulated by law.
Article (8)
The flag of Palestine shall be in four colors, and in accordance with the dimensions and measurement approved by the Palestinian Liberation Organization. It shall be the official flag of the country.
CHAPTER TWO
PUBLIC RIGHTS AND FREEDOMS
Article (9)
All Palestinians are equal under the law and judiciary, without discrimination because of race, sex, color, religion, political views, or disability.
Article (10)
1. Basic human rights and freedoms shall be binding and respected.
2. The Palestinian National Authority shall work without delay to join regional and international declarations and covenants which protect human rights.
Article (11)
1. Personal freedom is a natural right, and shall be guaranteed and protected.
2. It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of, any person, except by judicial order in accordance with the provisions of law. The law shall specify the period pre-arrest detention. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons.
Article (12)
Every arrested person shall be informed of the reasons for his arrest or detention. He shall be promptly informed, in a language he understands, of the nature of the charges brought against him. He shall have the right to contact a lawyer and to be tried without delay.
Article (13)
1. No person shall be subject to any duress or torture. All persons deprived of their freedom shall receive proper treatment.
2. All statements or confessions obtained through violation of paragraph one of this article shall be considered null and void.
Article (14)
The accused is innocent until proven guilty in a court of law that guarantees the right to defend himself. Any person accused in a criminal case shall be represented by a lawyer.
Article (15)
Punishment shall only be imposed upon individuals. Collective punishment is prohibited. Crime and punishment shall only be determined by law. Punishment shall be imposed only by judicial order, and shall apply only to actions committed after the promulgation of law.
Article (16)
It is unlawful to conduct any medical or scientific experiment on any person without his prior legal consent. No person shall be subject to medical examination, treatment, or surgery, except in accordance with law.
Transplantation of human organs, and new scientific developments shall be regulated to serve legitimate humanitarian purposes.
Article (17)
Homes shall be inviolable; thus, they shall not be subject to surveillance, entrance or search, except in accordance with a valid judicial order, and in accordance with the provisions of law.
Any consequences resulting from violations of this article shall be considered invalid. Individuals who suffer from such violation shall be entitled to fair compensation guaranteed by the Palestinian National Authority.
Article (18)
Freedom of belief and the performance of religious rituals are guaranteed, provided that they do not violate public order or public morals.
Article (19)
Every person shall have the right to freedom of thought, conscience and expression, and shall have the right to publish his opinion orally, in writing, or in any form of art, or through any other form of expression, provided that it does not contradict with the provisions of law.
Article (20)
Freedom of residence and movement shall be guaranteed within the limits of law.
Article (21)
1. The economic system in Palestine shall be based on the principle of free market economy. The Executive Authority may establish public companies which shall be organized in accordance with law.
2. The freedom of economic activity is guaranteed. The law shall organize its supervising rules and limitations.
3. Private property shall be protected and, shall not be expropriated except in the public interest, and for a fair compensation in accordance with the law, or pursuant to a judicial order.
4. Confiscation shall be in accordance with a judicial order.
Article (22)
1. Social, health, disability, and retirement insurance shall be regulated by law.
2. The welfare of families of martyrs', prisoners of war, the injured, and the disabled, shall be regulated by law. The National Authority shall guarantee them education services, health and social insurance.
Article (23)
Proper housing is a right for every citizen. The Palestinian National Authority shall secure housing for those without shelter.
Article (24)
1. Every citizen has the right to education. It shall be compulsory until at least the end of basic grades, and it shall be free in public schools and institutes.
2. The Palestinian National Authority shall supervise all levels of education and its institutions, and shall strive to upgrade the educational system.
3. The Law shall guarantee the independence of universities, higher institutes, and scientific research centers, in a manner that guarantees the freedom of scientific research, as well as literary, artistic, and cultural creativity. The Palestinian National Authority shall encourage and support such creativity.
4. Private schools and educational institutions shall comply with the curriculum approved by the Palestinian National Authority, and shall be subject to its supervision.
Article (25)
1. Work is a right, duty and honor. The Palestinian National Authority shall strive to provide it to any individual capable of performing it.
2. Work relations shall be organized in a manner which guarantees justice and provides security, health, and social insurance to all workers.
3. Organization of unions and guilds is a right which shall be regulated by law.
4. The right to conduct a strike shall be exercised within the limits of law.
Article (26)
Palestinians shall have the right to participate in the political life individually and in groups. They have the following rights in particular:
1. To establish and join political parties in accordance with the law.
2. To establish unions, guilds, associations, societies, clubs, and public institutions in accordance with the law.
3. To Vote and nominate for election, representatives among them by ballot in accordance with the law.
4. To hold public office and positions in accordance with the principle of equal opportunities.
5. To conduct special meetings without the presence of police members, and to conduct public meetings, processions, and assemblies, within the limits of law.
Article (27)
Establishment of newspapers and all media means is a right for all, guaranteed by this Basic Law. However, their financing resources shall be subject to law. Freedom of audio, visual, and written media, as well as freedom to print, publish, distribute, transmit, together with the freedom of individuals working in this field, is guaranteed by this Basic Law, other related laws. Censorship on media shall be prohibited. No warning, suspension, confiscation, cancellation, or restrictions shall be imposed on media except by law, and in accordance with a judicial order.
Article (28)
No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it, deprived of his (citizenship), or surrendered to any foreign entity.
Article (29)
Maternity and childhood welfare is a national duty. Children shall have the right to:
1. Comprehensive protection and welfare
2. Not to be exploited in any purpose, and shall not be allowed to perform works which might damage their safety, health, or education.
3. Protection from harm and cruel treatment
4. Law prohibits beating children and treating them cruelly by their relatives.
5. Shall be segregated in case they are sentenced form adults, and treated in a manner which is appropriate to their age and rehabilitation.
Article (30)
1. Litigation is a protected and guaranteed right to all people. Each Palestinian shall have the right to find sanctuary in the legal system. Litigation procedures shall be organized by law to guarantee prompt settlement of cases.
2. Laws shall not make any decision or administrative work immune against judicial control.
3. Judicial mistakes shall result in compensation by the National Authority. Conditions and methods of such compensation shall be regulated by law.
Article (31)
An independent commission for human rights shall be established by law, which will specify its formation, duties, jurisdiction. The Commission shall submit its reports to the President of the National Authority, and to the Palestinian Legislative Council.
Article (32)
Each aggression committed against any personal freedom, against private life of human being, or against any of rights or freedom, which have been guaranteed by the law or by this basic law, shall be considered as a crime. Criminal and civil case resultant from such infringement shall not be subject to any status of limitation. The National Authority shall guarantee fair indemnity for those who suffered from such damages.
Article (33)
A balanced and clean environment is one of the human rights. The preservation and protection of the Palestinian environment from pollution, for the sake of present and future generation, is a national duty.
CHAPTER THREE
THE LEGISLATIVE AUTHORITY
Article (34)
1. The Palestinian Legislative Council is the elected legislative authority.
2. Without prejudice to the provision of this law, the Legislative Council shall assume its legislative and oversight duties, as prescribed in its Standing Orders.
3. The term of this Council shall be the interim period.
Article (35)
1. The Legislative Council shall be composed of 88 Members elected in accordance with law.
2. If the position of one Member or more became vacant due to death, resignation, or loss of legibility, elections shall be conducted in the concerned constituency to elect a successor in accordance with law.
Article (36)
Before taking on any responsibility, every Member shall swear the following oat before the Council:
"I swear by Allah Almighty to BE faithful to the Homeland, and to preserve the rights and interests of the people and nation, and to respect law and perform my duties in the best manner, as Allah is my witness".
Article (37)
In its first meeting, the Council shall elect a Speaker, two deputies, and a Secretary General; in all they makeup the Presidency Office of the Council. It is not allowed to combine between Membership in the Presidency office of the Legislative Council, the Presidency of the Executive Authority, and membership in the Cabinet, or any other governmental position.
Article (38)
The Council shall accept the resignation of its Members, and establish its own Standing Orders, as well as rules of questioning its Members, in a way which does not contradict with the provisions of this Basic Law, or with the general constitutional principles. The Council shall be solely responsible for maintaining order and security during sessions and meetings of its committees. Security men shall not be present in the Council, unless requested by the Speaker, or by the Head of the Committee according to the situation.
Article (39)
The President of the Palestinian National Authority shall open the ordinary session of the Council and deliver his opening statement.
Article (40)
1. Members of the Council shall not be questioned, through either a civil or criminal procedure, because of their actions, or opinions, or votes in the Council's sessions and Committees' meetings, or because of any action they undertake outside the Council in the course of their functions as Members, to enable them perform their parliamentary mission.
2. No Members shall be disturbed in any manner, nor shall any search be made of his luggage, house, place of residence, car, or office, and in general any real estate or transferable property, throughout the period of immunity.
3. No Member of the Legislative Council shall be asked during the period of membership or subsequently to testify on any subject related to his actions or statements or information he obtained as a result of his membership on the Council, unless he agrees to do so, and as per the prior consent of the Council.
4. No penalty measures shall be taken against any Member of Legislative Council, unless the Member is found red-handed "Flagratne delicto." However, the Council shall be notified immediately about the measures taken against the Member, so that the Council shall take the proper action in this regard. The Office of the Council shall assume this responsibility if the Council is not convened.
5. The Member of the Legislative Council shall not relinquish his immunity without a prior permission of the Council. Immunity shall not be dropped after ceasing to be a Member of the Council, within the limits which have been included during the membership period.
Article (41)
1. The Member of the Legislative Council shall not exploit his membership on Council, in any other type of private business, or in any manner whatsoever.
2. Every Member of the Legislative Council shall present a financial statement for himself, his wife, his dependent "minor" children, detailing what they own in real estate, transferable property inside Palestine and abroad, and their debts, to the Speaker of the Council. This declaration "Statement" shall be kept in a sealed and classified envelope at the Supreme Court of Justice, and shall not be disclosed unless approved by the Court, and within the limits it allows.
Article (42)
The Member of the Legislative Council shall receive a monthly salary determined by law.
Article (43)
Each Member of the Council shall have the right to:
1. Submit to the Executive Authority all necessary and legitimate requests, which will enable him exercise his parliamentary duties. Propose laws. Rejected proposals shall not be resubmitted within the same term of the period of the year.
2. Address inquiries and interrogatories to the Government or to any Minister, or alike. Interrogatories shall be discussed only seven days after submission, unless the addressee agrees to reply promptly or within a shorter notice. However, this period can be curtailed to three days in case of urgency as per the approval of the President of the National Authority.
Article (44)
1. Ten Members of the Council may submit a request after the interrogation, to withdraw confidence from the Government or from any Minister. However, voting on such request shall be at least three days after submission. A decision shall be issued by a majority vote of the Council's Members.
2. The withdraw of confidence shall result in terminating the term of the party in whom confidence was lost.
Article (45)
The Council may form special committee, or entrust one of its committees to conduct information-gathering and fact-finding in any public matter, or in any public institution.
Article (46)
The Legislative Council shall approve the General Development Plan. The law shall determine the way to prepare and present the Plan to the Council.
Article (47)
The law shall regulate the specific procedures regarding the preparation and approval of the general budget, as well as the attached budgets, developmental budgets, the budgets of public institutions and assemblies, and the budget of every project in which the government's investment comprises 50% or more of its capital. The law shall also regulate the spending of funds appropriated in these budgets.
Article (48)
Taking into consideration the provisions of Article (81) of this Basic Law:
1. The Government shall present the budget proposal to the Legislative Council at least two months before the beginning of the fiscal year.
2. The Legislative Council shall convene a special session to discuss the annual budget proposal. It either ratifies it prior the start of the new fiscal year, or send it back to the government in a period not exceeding one month from the date of receipt. The returned budget shall include the Council's comments, in order to complete the necessary requirements and return it to the Council for approval.
3. Voting on the general budget, in the Council, shall be chapter by chapter.
4. Transfer of funds among the budget's chapters is not permitted, unless there is an agreement between the Legislative Council and the Executive Authority in this concern.
Article (49)
The final accounts of the National Authority's budget shall be presented to the Legislative Council no later than one year from the end of the fiscal year. The Council shall vote on the final accounts chapter by chapter.
CHAPTER FOUR
THE EXECUTIVE AUTHORITY
Article (50)
The Executive Authority is the highest executive and administrative tool, which shoulders the responsibility of developing a program that will be approved by the Legislative Authority for implementation. The President of the National Authority, and the Council of Ministers shall assume the responsibility of the Executive Authority in the manner prescribed in this Basic Law.
First: The President
Article (51)
The President of the Executive Authority shall be elected in a general and direct election by the Palestinian people in accordance with the Palestinian Election Law.
Article (52)
Before assuming office, the President shall take the following oath before the Legislative Council, and in the presence of the Chief of the Palestinian National Council, the Chief of Supreme Court "I swear to Allah Almighty to be faithful to the Homeland and to its sacred places, and to the people and its national heritage, and to respect the Constitutional system and the law, and to safeguard the interests of the Palestinian people completely, as Allah is my witness".
Article (53)
The term of the Presidency shall be the Transitional Phase, after which the President shall be elected in accordance with law.
Article (54)
1. The office of the President shall be considered vacant in any of the following cases:
1st. Death
2nd. Resignation submitted to the Palestinian Legislative Council if accepted by two thirds of its Members.
3rd. Considered legally incompetent, as per a ruling issued by the Supreme Constitutional Court, and subsequently approved by two thirds of the Palestinian Legislative Council.
2. If the office of the President of the National Authority becomes vacant due to any of the above cases, the Speaker of the Palestinian Legislative Council shall assume the powers and duties of the Presidency of the National Authority, temporarily for a period not exceeding (60) sixty days, during which free and direct elections to choose a new president shall take place in accordance with the Palestinian Elections Law.
Article (55)
The President is the Commander-in-Chief of the Palestinian Forces.
Article (56)
The President of the National Authority shall appoint and terminate the services of the National Authority's representatives at foreign countries, international organizations and foreign agencies. Further, the President shall accept the credentials of foreign representatives at the Palestinian National Authority.
Article (57)
1. The President of the National Authority shall promulgate laws after being ratified by the Palestinian Legislative Council within (30) thirty days from referring them to him. Otherwise, the President shall return the laws to the Council within the same specified period, together with his comments and objections, or else, the laws shall be considered approved and promulgated immediately in the official gazette.
2. If the President of the National Authority returns the proposed law within the deadline and conditions mentioned in the previous paragraph, and the Council debates it and passes it again with a two third majority, the proposed law shall be considered ratified and shall be published in the official gazette.
Article (58)
The President of the National Authority and the Council of Ministers shall have the right to propose laws, issue regulations, and take the necessary actions to execute laws.
Article (59)
The President of the National Authority has the right to pardon or commute sentences. General amnesty, however, shall not be granted except through a law.
Article (60)
The President of the National Authority shall have the right in exceptional cases, which cannot be postponed, and while the Legislative Council is not in session, to issue decisions and decrees that have the power of law. However, the decisions issued shall be presented to the Legislative Council in the first session convened after their issuance, otherwise they will cease to have the power of law. If these decisions were presented as mentioned above, but were not approved, then they shall cease to have the power of law.
Article (61)
The President's salary, allowances and compensations shall be determined by a law.
[Second?]: The Council of Ministers
Article (62)
The President of the National Authority shall appoint Ministers, remove them, and accept their resignations and presides over the meeting of the Council of Ministers.
Article (63)
The President shall be assisted by the Council of Ministers in the performance of his duties and the exercise of his powers in the manner explained in this Basic Law.
Article (64)
1. After the selection of the member of the Council of Ministers by the President of the National Authority, he shall present them to the Legislative Council in the first session for a vote of confidence, after listening to the ministerial statement, that defines the Government's policy and program.
2. If an absolute majority of the Council does not grant the vote of confidence to all of the Cabinet members, or to any one or more of them, the President of the National Authority shall present a replacement in the next session provided that this is completed within two form the date of the first session.
3. In the case of Cabinet changes, or addition of one Minister, or filling a vacant portfolio for any reason, the new Ministers shall be presented to the Legislative Council in the first session it convenes for a vote of confidence.
4. No Minister shall assume the duties of his position before obtaining the confidence of the Legislative Council.
Article (65)
The Cabinet shall comprise of a number of Ministers not to exceed Nineteen Ministers. The decision of appointment shall determine the Ministry that each Minister shall be responsible for.
Article (66)
Before assuming their offices, the Ministers shall take the oath stipulated in Article (52) of this Basic law before the President of the National Authority.
Article (67)
1. Every Minister in the Cabinet must submit a financial report for himself, his wife, and dependent "minor" children, detailing what they own in real estate, transferable property, stocks, bonds, cash money, and debts, whether inside Palestine or abroad, to the President of the National Authority, who shall make the necessary arrangements to keep its secrecy. Such information shall be kept in a confidential manner, and will be disclosed only by a permit issued by the Supreme Court when necessary.
2. No Minister may purchase or lease any government property, or from any legal or juridical personality, or to have a financial interest in any contract concluded and with governmental or administrative entities, nor may they, during their terms in office, be Board Members in any company, or practice commerce or any other profession, or receive a salary or any other financial rewards or remuneration from any person in any capacity, other than the one salary determined for the Minister and its allowances.
Article (68)
1. Ministers are responsible to the President of the National Authority, each within his jurisdiction, and for the actions of his Ministry.
2. The Council of Ministry is jointly responsible before the Legislative Council.
Article (69)
The President of the National Authority has the right to refer any Minister to investigation as a result of crimes committed by him during, or due to, the performance of his duties.
Article (70)
1. Any accused Minister shall be suspended from performing his duties immediately upon the issuance of indictment. The suspension of a Minister's duties shall not prevent the continuation of the investigation and follow-up procedures against him.
2. The Attorney General, or whoever represents him from the prosecutor's offices shall assume the investigation and indictment procedures. A Minister's trial shall be conducted before the concerned court, and shall follow the provisions and rules prescribed in the penalty law and in the criminal procedures law.
3. The above provisions shall apply to Deputy Ministers, Assistant Ministers, and the like as well.
Article (71)
The President of the National Authority may request a vote of confidence for the Cabinet, for a Minister, or for some Ministers, before the Legislative Council. A vote of no-confidence requires and absolute majority of the Council's Members, and shall result in terminating the duties of those who lost confidence.
Article (72)
The Council of Ministers shall have the following functions:
1. Devise the general policies within the limits of its jurisdiction "functions," and in light of the ministerial program approved by the Legislative Council.
2. Execute the general policies set forth by the concerned Palestinian authorities "entities".
3. Prepare the general budget to be presented to the Legislative Council.
4. Prepare the administrative apparatus, develop its structures, and provide it with the necessary means, as well as supervising and following it up.
5. Follow up the implementation of laws, and ensuring compliance with their provisions, and taking necessary actions in this regard.
6. Follow up the performance of different Ministries and all other components of the administrative apparatus, their duties and functions, and coordinating between them.
7. Discussing the proposals and policies of different Ministries concerning the implementation of their functions.
8. Any other functions entrusted to it by this Basic Law, or by any other law or resolution.
Article (73)
Every Minister shall exercise the following powers and functions within his Ministry:
1. Proposing the general policy of his Ministry and supervising its implementation after approval.
2. Supervise the conduct of business and affairs within his Ministry, and issue the necessary instruction thereof.
3. Implement the general budget within the funds appropriated for his Ministry.
4. Propose bills and legislation related to his Ministry and present them to the Council of Ministers.
5. Delegate some of his powers to the Deputy Minister, or other senior officers in his Ministry within law.
Article (74)
Every Minister shall submit detailed reports to the Council of Ministers on the activities, policies, plans and achievements of his Ministry in comparison with the objectives specified for his Ministry within the framework of the General Plan, and on his Ministry's proposals and recommendations concerning its future policies.
These reports shall be submitted regularly every three months, to give the Council of Ministers sufficient information about the activities and policies of each Ministry.
Third: Security Forces and Police
Article (75)
1. Security Forces and the Police are a regular force. It is the armed force in the country, its function is to defend the country, serve people, protect the community and maintain public order, security and morals. This force performs its duties within the limits prescribed by law with complete respect to rights and freedom.
2. Security Forces and the Police shall be regulated by law.
Fourth: Local Administration
Article (76)
The country shall be organized, by law, into local administrative units enjoying juridical personality. Each unit shall have a council elected directly as prescribed by law. The law shall determine the jurisdiction "functions" of the administrative units, their financial resources, their relations with central authority, and their role in the preparation and implementation of development plans. Further, the law shall determine the aspect of oversight over these units and their various activities. Demographic, geographical, economical, and political parameters shall be taken into consideration at the time of dividing the country administratively, to provide for the integrity and unity of soil and interests of the country.
Fifth: Public Administration
Article (77)
Appointment of all public officials and government staff, and conditions of employment shall be in accordance with law.
Article (78)
All affairs related to civil service shall be regulated by law. The Civil Service Bureau shall coordinate with the concerned governmental entities to upgrade and improve public administration. Further, its point of view shall be taken into consideration upon drafting legislation, laws, and regulations which deal with public administration and its staff.
Sixth: General Finance
Article (79)
Public taxes and duties shall not be imposed, amended, and repealed except through law. No one shall be totally or partially exempted from paying these taxes, except in circumstances prescribed by law.
Article (80)
The law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom.
Article (81)
The beginning and the end of the fiscal year, and the general budget shall be regulated by law. If the general budget was not approved by the beginning of the new fiscal year, expenditure shall continue on the basis of monthly allocation of 1/12 of the fiscal year's budget.
Article (82)
1. All revenues received, including taxes, duties, loans, grants, and profits accrued to the Palestinian National Authority from managing its property or activities, shall be paid to the Public Treasury. No part of the Public Treasury funds shall be allocated or spent for any purpose whatsoever except in accordance with the law.
2. The Palestinian National Authority may form a strategic financial reserve to encounter fluctuations and emergency situations in accordance with law.
Article (83)
Public loans shall be enacted by law. It is not allowed to engage in a project that requires spending funds from the Public Treasury during the next period unless approved by the Legislative Council.
Article (84)
1. The law shall regulate the special rules related to the monetary authority, banks, financial papers market, foreign exchange and insurance companies, and all financial and credit institutions.
2. The Governor of the Monetary Authority shall be appointed per a resolution issued by the President of the National Authority, and endorsed by the Palestinian Legislative Council.
Article (85)
The law shall determine the rules and special procedures for granting contracts related to the utilization of natural resources and public facilities. The law shall also explain the ways of dealing with state-owned real estate and other public and legal characters, or the rules and procedures organizing them.
Article (86)
The law shall determine the rules for granting wages, salaries, compensations, subsidies, and rewards incurring on the state's treasury. The law shall also regulate the entities responsible for their implementation. Further, no exceptional funds shall be spent unless within the limits specified legally.
Article (87)
A Financial and Administrative Auditing Bureau shall be established to provide financial and administrative oversight on all entities of the Executive Authority, including collection of public revenues, and spending therefrom within the limits of the general budget.
The Bureau shall submit to the President of the National Authority, and to the Legislative Council an annual report - or upon request - about its works and observations.
The Chief of the Financial and Administrative Bureau shall be appointed through a decision issued by the President of the National Authority, and endorsed by the Legislative Council.
CHAPTER FIVE
THE JUDICIAL AUTHORITY
Article (88)
The Judicial Authority shall be independent, and shall be assumed by the different types and level of courts. The structure, jurisdiction, and rulings of the courts shall be in accordance with law. The rulings shall be announced and executed in the name of the Palestinian Arab people.
Article (89)
Judges shall be independent, and shall not be subject to any authority other than the authority of law while exercising their duties. No other authority may interfere in the judiciary or in the justice affairs.
Article (90)
1. Appointment, transfer, secondment, delegation, promotion, and questioning of judges shall be as prescribed in the Independence of Judiciary Law.
2. Judges cannot be dismissed and their services cannot be terminated unless as stipulated in the Independence of Judiciary Law.
Article (91)
A Supreme Judicial Council shall be created. The law shall specify its structure, jurisdiction, and operating rules. The Council shall be consulted about draft laws which regulate any affairs of the Judicial Authority to include Public Prosecution.
Article (92)
1. Sharia affairs and personal status shall be assumed by Sharia and religious courts in accordance with law.
2. Military Courts shall be established by special law. Such courts shall not have any jurisdiction beyond military affairs.
Article (93)
Administrative Courts may be established by a law to look through administrative disputes and disciplinary claims. The other jurisdictions of such court, and procedures followed before it shall be determined by law.
Article (94)
1. A High Constitutional Court shall be established by law to ensure:
One) The constitutionality of laws, regulations, rules, and others.
Two) Interpretation of Basic Laws and legislative texts
Three) Settle jurisdiction disputes which arise between judicial entities and administrative entities that have judicial jurisdiction.
2. The law shall determine the way the High Constitutional Court is structured and composed, operating procedures to be followed, and the impact resultant from its rulings.
Article (95)
The Supreme Court shall assume temporarily all duties assigned to the administrative court and to the High Constitutional Court, unless they are within the jurisdiction of other judicial entities in accordance with applicable laws
Article (96)
Courts hearings shall be public unless a court decides to make them secret due to considerations related to public order or public morals. In all cases, judgment "sentence" shall be pronounced in a public hearing.
Article (97)
Judicial sentences shall be implemented. Abstention or suspension of implementation in any manner shall be considered a crime that qualifies for imprisonment, or dismissal from position, if the accused individual is a public official or servant. The Plaintiff may file his case directly at the concerned court, and the National Authority shall guarantee a full compensation for him.
Public Prosecution
Article (98)
1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council.
2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab people. The jurisdiction, functions and duties of the Attorney General shall be determined by law.
Article (99)
1. The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law.
2. The appointment, transfer, removal, and questioning of members of Public Prosecution shall be determined by law.
Article (100)
Execution sentence issued by any court shall not be implemented unless endorsed by the President of the Palestinian Executive Authority.
CHAPTER SIX
RULES OF THE STATE OF EMERGENCY
Article (101)
1. The President of the National Authority may declare a state of emergency by a decree when there is a threat to national security caused by war, invasion, armed insurrection, or at a time of natural disaster for a period not to exceed thirty (30) days.
2. The emergency state may be extended for another period of thirty (30) days by securing the approval of two thirds of the Legislative Council.
3. The decree declaring a state of emergency shall state its purpose, the territory to which it applies, and its duration.
4. The Legislative Council shall have the right to review all or some of the procedures which have been implemented during the emergency state at the first session to be convened after the announcement of the state of emergency, or in the extension session whichever comes earlier, and to conduct the necessary questioning in this regard.
Article (102)
It is not allowed, when declaring a state of emergency, to impose restrictions on the basic rights and freedoms, except to the level that is necessary to achieve the objective stated in the decree of the state of emergency
Article (103)
Any arrest resultant from the declaration of emergency situation shall be subject to the following minimum requirements:
1. Any detention done in accordance with the decree of the emergency situation shall be reviewed by the Attorney General or by the concerned court during a period not exceeding fifteen (15) days from the date of detention.
2. The detained "arrested" individual shall have the right to appoint a lawyer of his choice.
Article (104)
The Palestinian Legislative Council shall not be dissolved or suspended during the emergency situation, nor shall the provisions of this chapter be suspended.
Article (105)
All provisions which regulate the emergency states implemented in Palestine prior the implementation of this Basic Law shall be canceled, to include the mandate civil defense regulations issued in 1945.
CHAPTER SEVEN
GENERAL & TRANSITIONAL PROVISIONS
Article (106)
The provisions of this Basic Law shall apply during the interim period, and can be extended until the implementation of the new constitution of the Palestinian state.
Article (107)
Laws shall be promulgated in the name of the Palestinian Arab people, and shall be published immediately in the official gazette. These laws shall come into force 30 days from the date of their publication unless the laws state otherwise.
Article (108)
The provisions of laws shall apply only to matters occurring as from the date on which they came into force. However, it can be stated otherwise in articles that are not punitive.
Article (109)
Law, regulations and decisions in force in Palestine before the implementation of this law, shall remain in force to the extent that they do not conflict with the provisions of this Basic Law, until they are amended or repealed in accordance with law.
Article (110)
Everything in contradiction with the provisions of this Basic Law shall be repealed.
Article (111)
The provisions of this Basic Law shall not be amended except with two-thirds majority of the Members of the Legislative Council.
Article (112)
This Basic Law shall be effective as of publishing it in the official gazette.
Ratified in Ramallah on May 29, 2002.
Source: http://www.miftah.org/Display.cfm?DocId=790&CategoryId=10
The bill below passed the House of Representatives on October 10, 2002, by a vote of 296 to
133. The next day it passed the Senate by a vote of 77 to 23, and was signed into law by the president on October 16.
Joint Resolution to authorize the use of United States Armed Forces against Iraq
Whereas in 1990 in response to Iraq’s war of aggression against and illegal occupation of Kuwait, the United States forged a coalition of nations to liberate Kuwait and its people in order to defend the national security of the United States and enforce United Nations Security Council resolutions relating to Iraq;
Whereas after the liberation of Kuwait in 1991, Iraq entered into a United Nations sponsored cease-fire agreement pursuant to which Iraq unequivocally agreed, among other things, to eliminate its nuclear, biological, and chemical weapons programs and the means to deliver and develop them, and to end its support for international terrorism;
Whereas the efforts of international weapons inspectors, United States intelligence agencies, and Iraqi defectors led to the discovery that Iraq had large stockpiles of chemical weapons and a large scale biological weapons program, and that Iraq had an advanced nuclear weapons development program that was much closer to producing a nuclear weapon than intelligence reporting had previously indicated;
Whereas Iraq, in direct and flagrant violation of the cease-fire, attempted to thwart the efforts of weapons inspectors to identify and destroy Iraq’s weapons of mass destruction stockpiles and development capabilities, which finally resulted in the withdrawal of inspectors from Iraq on October 31, 1998;
Whereas in Public Law 105-235 (August 14, 1998), Congress concluded that Iraq’s continuing weapons of mass destruction programs threatened vital United States interests and international peace and security, declared Iraq to be in “material and unacceptable breach of its international obligations” and urged the President “to take appropriate action, in accordance with the Constitution and relevant laws of the United States, to bring Iraq into compliance with its international obligations”;
Whereas Iraq both poses a continuing threat to the national security of the United States and international peace and security in the Persian Gulf region and remains in material and unacceptable breach of its international obligations by, among other things, continuing to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations;
Whereas Iraq persists in violating resolution of the United Nations Security Council by continuing to engage in brutal repression of its civilian population thereby threatening international peace and security in the region, by refusing to release, repatriate, or account for non-Iraqi citizens wrongfully detained by Iraq, including an American serviceman, and by failing to return property wrongfully seized by Iraq from Kuwait;
Whereas the current Iraqi regime has demonstrated its capability and willingness to use weapons of mass destruction against other nations and its own people;
Whereas the current Iraqi regime has demonstrated its continuing hostility toward, and willingness to attack, the United States, including by attempting in 1993 to assassinate former President Bush and by firing on many thousands of occasions on United States and Coalition Armed Forces engaged in enforcing the resolutions of the United Nations Security Council;
Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;
Whereas Iraq continues to aid and harbor other international terrorist organizations, including organizations that threaten the lives and safety of United States citizens;
Whereas the attacks on the United States of September 11, 2001, underscored the gravity of the threat posed by the acquisition of weapons of mass destruction by international terrorist organizations;
Whereas Iraq’s demonstrated capability and willingness to use weapons of mass destruction, the risk that the current Iraqi regime will either employ those weapons to launch a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so, and the extreme magnitude of harm that would result to the United States and its citizens from such an attack, combine to justify action by the United States to defend itself;
Whereas United Nations Security Council Resolution 678 (1990) authorizes the use of all necessary means to enforce United Nations Security Council Resolution 660 (1990) and subsequent relevant resolutions and to compel Iraq to cease certain activities that threaten international peace and security, including the development of weapons of mass destruction and refusal or obstruction of United Nations weapons inspections in violation of United Nations Security Council Resolution 687 (1991), repression of its civilian population in violation of United Nations Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United Nations Security Council Resolution 949 (1994);
Whereas in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1), Congress has authorized the President “to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677”;
Whereas in December 1991, Congress expressed its sense that it “supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102-1),” that Iraq’s repression of its civilian population violates United Nations Security Council Resolution 688 and “constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region,” and that Congress, “supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688”;
Whereas the Iraq Liberation Act of 1998 (Public Law 105-338) expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime;
Whereas on September 12, 2002, President Bush committed the United States to “work with the United Nations Security Council to meet our common challenge” posed by Iraq and to “work for the necessary resolutions,” while also making clear that “the Security Council resolutions will be enforced, and the just demands of peace and security will be met, or action will be unavoidable”;
Whereas the United States is determined to prosecute the war on terrorism and Iraq’s ongoing support for international terrorist groups combined with its development of weapons of mass destruction in direct violation of its obligations under the 1991 cease-fire and other United Nations Security Council resolutions make clear that it is in the national security interests of the United States and in furtherance of the war on terrorism that all relevant United Nations Security Council resolutions be enforced, including through the use of force if necessary;
Whereas Congress has taken steps to pursue vigorously the war on terrorism through the provision of authorities and funding requested by the President to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;
Whereas the President and Congress are determined to continue to take all appropriate actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;
Whereas the President has authority under the Constitution to take action in order to deter and prevent acts of international terrorism against the United States, as Congress recognized in the joint resolution on Authorization for Use of Military Force (Public Law 107-40); and
Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the “Authorization for Use of Military Force Against Iraq Resolution of 2002.”
SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
The Congress of the United States supports the efforts by the President to—
(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and
(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION—The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to—
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq
(b) PRESIDENTIAL DETERMINATION—In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that—
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.
(c) War Powers Resolution Requirements—
(1) SPECIFIC STATUTORY AUTHORIZATION—Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS—Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.
SEC. 4. REPORTS TO CONGRESS.
(a) REPORTS—The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105-338).
(b) SINGLE CONSOLIDATED REPORT—To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93-148), all such reports may be submitted as a single consolidated report to the Congress.
(c) RULE OF CONSTRUCTION—To the extent that the information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of such resolution.
UN Security Council Resolution 1441 Authorizing Weapons Inspections in Iraq (November 8, 2002)
The Security Council,
Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant statements of its President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its intention to implement it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programmes to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometres, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programmes, including any which it claims are for purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons
02-68226 (E) inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring, inspection, and verification, as required by relevant resolutions, of weapons of mass destruction and ballistic missiles, in spite of the Council’s repeated demands that Iraq provide immediate, unconditional, and unrestricted access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC), established in resolution 1284 (1999) as the successor organization to UNSCOM, and the IAEA, and regretting the consequent prolonging of the crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,
Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization to the Special Commission, and the IAEA is essential for the implementation of resolution 687 (1991) and other relevant resolutions,
Noting that the letter dated 16 September 2002 from the Minister for Foreign Affairs of Iraq addressed to the Secretary-General is a necessary first step toward rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq laying out the practical arrangements, as a follow-up to their meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at the continued failure by the Government of Iraq to provide confirmation of the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab States and its Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
S/RES/1441 (2002)
1 Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq’s failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);
2 Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;
3 Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;
4 Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below;
5 Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC’s or the IAEA’s choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the Council 60 days thereafter;
6 Endorses the 8 October 2002 letter from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq, which is annexed hereto, and decides that the contents of the letter shall be binding upon Iraq;
7 Decides further that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks
set forth in this resolution and all previous relevant resolutions and notwithstanding prior understandings, the Council hereby establishes the following revised or additional authorities, which shall be binding upon Iraq, to facilitate their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities, corresponding to those of experts on mission, provided in the Convention on Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the IAEA;
– UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of Iraq, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings, including immediate, unimpeded, unconditional, and unrestricted access to Presidential Sites equal to that at other sites, notwithstanding the provisions of resolution 1154 (1998) of 2 March 1998;
– UNMOVIC and the IAEAshall have the right to be provided by Iraq the names of all personnel currently and formerly associated with Iraq’s chemical, biological, nuclear, and ballistic missile programmes and the associated research, development, and production facilities;
– Security of UNMOVIC and IAEA facilitiesshall be ensured by sufficient United Nations security guards;
– UNMOVIC and the IAEA shall have the right to declare, for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which Iraq will suspend ground and aerial movement so that nothing is changed in or taken out of a site being inspected;
– UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed-and rotary-winged aircraft, including manned and unmanned reconnaissance vehicles;
– UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and
– UNMOVICand the IAEA shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment, materials, or documents taken during inspections, without search of UNMOVIC or IAEA personnel or official or personal baggage;
1 Decides further that Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution;
2 Requests the Secretary-General immediately to notify Iraq of this resolution, which is binding on Iraq; demands that Iraq confirm within seven days of that notification its intention to comply fully with this resolution; and demands
S/RES/1441 (2002)
further that Iraq cooperate immediately, unconditionally, and actively with UNMOVIC and the IAEA;
1 Requests all Member States to give full support to UNMOVIC and the IAEA in the discharge of their mandates, including by providing any information related to prohibited programmes or other aspects of their mandates, including on Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites to be inspected, persons to be interviewed, conditions of such interviews, and data to be collected, the results of which shall be reported to the Council by UNMOVIC and the IAEA;
2 Directs the Executive Chairman of UNMOVIC and the Director-General of the IAEA to report immediately to the Council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution;
3 Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security;
4 Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;
14. Decides to remain seized of the matter.
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Annex |
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Text of Blix/El-Baradei letter |
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United Nations Monitoring, Verification |
International Atomic Energy Agency |
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and Inspection Commission |
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The Executive Chairman |
The Director General |
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in Vienna we agreed on a statement which listed some of the principal results achieved, particularly Iraq’s acceptance of all the rights of inspection provided for in all of the relevant Security Council resolutions. This acceptance was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council, members of the Council suggested that we prepare a written document on all of the conclusions we reached in Vienna. This letter lists those conclusions and seeks your confirmation thereof. We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC and the IAEA will be granted immediate, unconditional and unrestricted access to sites, including what was termed “sensitive sites” in the past. As we noted, however, eight presidential sites have been the subject of special procedures under a Memorandum of Understanding of 1998. Should these sites be subject, as all other sites, to immediate, unconditional and unrestricted access, UNMOVIC and the IAEA would conduct inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi Advisor Presidential Office Baghdad Iraq
S/RES/1441 (2002)
We confirm our understanding that UNMOVIC and the IAEA have the right to determine the number of inspectors required for access to any particular site. This determination will be made on the basis of the size and complexity of the site being inspected. We also confirm that Iraq will be informed of the designation of additional sites, i.e. sites not declared by Iraq or previously inspected by either UNSCOM or the IAEA, through a Notification of Inspection (NIS) provided upon arrival of the inspectors at such sites.
Iraq will ensure that no proscribed material, equipment, records or other relevant items will be destroyed except in the presence of UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom they believe may have information relevant to their mandate. Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the past, serve as the Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and Verification Centre (BOMVIC) will be maintained on the same premises and under the same conditions as was the former Baghdad Monitoring and Verification Centre. The NMD will make available services as before, cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate access to sites to be inspected and communication with personnel to be interviewed; (b) a hotline for BOMVIC which will be staffed by an English speaking person on a 24 hour a day/seven days a week basis; (c) support in terms of personnel and ground transportation within the country, as requested; and (d) assistance in the movement of materials and equipment at inspectors’ request (construction, excavation equipment, etc.). NMD will also ensure that escorts are available in the event of inspections outside normal working hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for example, in Basra and Mosul, for the use of their inspectors. For this purpose, Iraq will provide, without cost, adequate office buildings, staff accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission, including satellite and/or inland networks, with or without encryption capability. UNMOVIC and the IAEA may also install equipment in the field with the capability for transmission of data directly to the BOMVIC, New York and Vienna (e.g. sensors, surveillance cameras). This will be facilitated by Iraq and there will be no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all surveillance equipment, and construct antennae for remote transmission of data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the NMD, Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and suitable accommodations will be designated at normal rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will require that their staff not stay at any accommodation other than those identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment and for inspection purposes, it was clarified that aircraft used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam International Airport. The points of departure of incoming aircraft will be decided by UNMOVIC. The Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter operations. UNMOVIC and Iraq will establish air liaison offices at the airbase. At both Saddam International Airport and Rasheed airbase, Iraq will provide the necessary support premises and facilities. Aircraft fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing and rotary, Iraq will guarantee the safety of air operations in its air space outside the no-fly zones. With regard to air operations in the no-fly zones, Iraq will take all steps within its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections and for technical activities, such as gamma detection, without limitation in all parts of Iraq and without any area excluded. Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume the use of U-2 or Mirage overflights. The relevant practical arrangements would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the point of entry on the basis of the UN Laissez-Passer or UN Certificate; no other entry or exit formalities will be required. The aircraft passenger manifest will be provided one hour in advance of the arrival of the aircraft in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of official or personal baggage. UNMOVIC and the IAEA will ensure that their personnel respect the laws of Iraq restricting the export of certain items, for example, those related to Iraq’s national cultural heritage. UNMOVIC and the IAEA may bring into, and remove from, Iraq all of the items and materials they require, including satellite phones and other equipment. With respect to samples, UNMOVIC and IAEA will, where feasible, split samples so that Iraq may receive a portion while another portion is kept for reference purposes. Where appropriate, the organizations will send the samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding with inspections. We would expect in
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such matters, as with the above, Iraq’s co-operation in all respect. |
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Yours sincerely, |
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(Signed) |
(Signed) |
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Hans Blix |
Mohamed ElBaradei |
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Executive Chairman |
Director General |
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United Nations Monitoring, |
International Atomic Energy Agency |
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Verification and Inspection Commission |
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France, Germany, and Russia issued the following declaration on March 5, 2003, calling for the continuation of weapons inspections in Iraq.
Russia and France, as permanent members of the Security Council, will assume all their responsibilities on this point.
A Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict
The administration of U.S. president George W. Bush publicly released the so-called road map to peace on April 30, 2003, after the appointment of Mahmoud Abbas as the first prime minister of the Palestinian Authority. The plan evolved from consultations among the Quartet—the European Union, Russia, the United Nations, and the United States.
The following is a performance-based and goal-driven roadmap, with clear phases, timelines, target dates, and benchmarks aiming at progress through reciprocal steps by the two parties in the political, security, economic, humanitarian, and institution-building fields, under the auspices of the Quartet [the United States, European Union, United Nations, and Russia]. The destination is a final and comprehensive settlement of the Israel-Palestinian conflict by 2005, as presented in President Bush’s speech of 24 June, and welcomed by the EU, Russia and the UN in the 16 July and 17 September Quartet Ministerial statements.
A two-state solution to the Israeli-Palestinian conflict will only be achieved through an end to violence and terrorism, when the Palestinian people have a leadership acting decisively against terror and willing and able to build a practicing democracy based on tolerance and liberty, and through Israel’s readiness to do what is necessary for a democratic Palestinian state to be established, and a clear, unambiguous acceptance by both parties of the goal of a negotiated settlement as described below. The Quartet will assist and facilitate implementation of the plan, starting in Phase I, including direct discussions between the parties as required. The plan establishes a realistic timeline for implementation. However, as a performance-based plan, progress will require and depend upon the good faith efforts of the parties, and their compliance with each of the obligations outlined below. Should the parties perform their obligations rapidly, progress within and through the phases may come sooner than indicated in the plan. Non-compliance with obligations will impede progress.
A settlement, negotiated between the parties, will result in the emergence of an independent, democratic, and viable Palestinian state living side by side in peace and security with Israel and its other neighbors. The settlement will resolve the Israel-Palestinian conflict, and end the occupation that began in 1967, based on the foundations of the Madrid Conference, the principle of land for peace, UNSCRs 242, 338 and 1397, agreements previously reached by the parties, and the initiative of Saudi Crown Prince Abdullah – endorsed by the Beirut Arab League Summit – calling for acceptance of Israel as a neighbor living in peace and security, in the context of a comprehensive settlement. This initiative is a vital element of international efforts to promote a comprehensive peace on all tracks, including the Syrian-Israeli and Lebanese-Israeli tracks.
The Quartet will meet regularly at senior levels to evaluate the parties' performance on implementation of the plan. In each phase, the parties are expected to perform their obligations in parallel, unless otherwise indicated.
Phase I: Ending Terror
And Violence, Normalizing Palestinian Life, and Building Palestinian
Institutions — Present to May 2003
In Phase I, the Palestinians
immediately undertake an unconditional cessation of violence according to the
steps outlined below; such action should be accompanied by supportive measures
undertaken by Israel. Palestinians and Israelis resume security cooperation
based on the Tenet work plan to end violence, terrorism, and incitement through
restructured and effective Palestinian security services. Palestinians undertake
comprehensive political reform in preparation for statehood, including drafting
a Palestinian constitution, and free, fair and open elections upon the basis of
those measures. Israel takes all necessary steps to help normalize Palestinian
life. Israel withdraws from Palestinian areas occupied from September 28, 2000
and the two sides restore the status quo that existed at that time, as security
performance and cooperation progress. Israel also freezes all settlement
activity, consistent with the Mitchell report.
At the outset of Phase I:
Security
Palestinian Institution-Building
Humanitarian Response
Civil Society
Settlements
Phase II: Transition
— June 2003-December 2003
In the second phase, efforts are focused on the option of creating an
independent Palestinian state with provisional borders and attributes of
sovereignty, based on the new constitution, as a way station to a permanent
status settlement. As has been noted, this goal can be achieved when the
Palestinian people have a leadership acting decisively against terror, willing
and able to build a practicing democracy based on tolerance and liberty. With
such a leadership, reformed civil institutions and security structures, the
Palestinians will have the active support of the Quartet and the broader
international community in establishing an independent, viable, state.
Progress into Phase II will be based upon the consensus judgment of the Quartet of whether conditions are appropriate to proceed, taking into account performance of both parties. Furthering and sustaining efforts to normalize Palestinian lives and build Palestinian institutions, Phase II starts after Palestinian elections and ends with possible creation of an independent Palestinian state with provisional borders in 2003. Its primary goals are continued comprehensive security performance and effective security cooperation, continued normalization of Palestinian life and institution-building, further building on and sustaining of the goals outlined in Phase I, ratification of a democratic Palestinian constitution, formal establishment of office of prime minister, consolidation of political reform, and the creation of a Palestinian state with provisional borders.
Phase III: Permanent
Status Agreement and End of the Israeli-Palestinian Conflict — 2004 – 2005
Progress into Phase III, based on consensus judgment of Quartet, and taking into
account actions of both parties and Quartet monitoring. Phase III objectives are
consolidation of reform and stabilization of Palestinian institutions,
sustained, effective Palestinian security performance, and Israeli-Palestinian
negotiations aimed at a permanent status agreement in 2005.
Released on April 30, 2003
Constitution of Palestine, Third Draft, May 14, 2003
The following is the translation of the draft for the Palestinian constitution published by the Palestinian Authority’s Ministry of Foreign Affairs. A final version would become law after the declaration of a Palestinian state.
CONTENTS
Chapter I: General Foundations of the State: Articles 1-18
Chapter II: Rights, Public Liberties and Duties: Articles 19-62
Chapter III: Public Authorities: Articles 63-184
Section I
Legislative Authority / House of Representatives: Articles 65-108.
Competence of the House of Representatives regarding Financial Matters: Articles 91-100.
Rights, Immunities and Duties of Members of the House of Representatives
Articles 101-108.
The Advisory Council: 109-111.
Section II
The Executive Authority: Articles 112-158.
First: The President of the State: Articles 112-127.
State of Emergency: Articles 128-130.
Second: The Prime Minister: Articles 131-140.
Third: The Council of Ministers (The Government): Articles 141-146.
The Ministers: Articles 147-152.
Security Forces: Articles 153-154.
Public Administration: Articles 155-156.
The Public Audit Bureau: Article 157.
Local Government: Article 158.
Section III
The Judicial Authority: Articles 159-184.
The Bureau of the Public Prosecutor: Articles 173-177.
The Constitutional Court: 178-184.
Chapter IV: Concluding Articles 185-190
CHAPTER ONE
GENERAL FOUNDATIONS OF THE STATE
(Articles 1-18)
Article (1)
Palestine is an independent state with full sovereignty, of a republican form of government. Its territory is an indivisible unit based upon its borders on the 4th of June 1967 and its territorial water, without prejudice to the international resolutions relative to Palestine.
Residents of the State of Palestine shall be subject to Palestinian jurisdiction exclusively.
Article (2)
Palestine is part of the Arab Homeland. State of Palestine shall abide by the charter of the League of Arab States. The Palestinian people [are] part of the Arab and Islamic nations. Arab unity is a goal of the Palestinian people.
Article (3)
Palestine is a peaceful state, condemns terror, occupation and aggression. It shall promote the resolution of international and regional problems by peaceful means, and shall abide by the Charter of the United Nations.
Article (4)
Jerusalem shall be the capital of the State of Palestine and the seat of its public authorities.
Article (5)
Arabic shall be the official language and Islam shall be the official religion in Palestine. Christianity, and all other monotheistic religions, shall be equally revered and respected. The Constitution guarantees equality in rights and duties to all citizens irrespective of their religious belief.
Article (6)
Law shall determine the flag, motto, seals, emblems and national anthem of Palestine.
Article (7)
The principles of Islamic Shari’a shall be a major source of legislation. The civil and religious matters of the followers of monotheistic religions shall be organized in accordance with their religious teaching and their denominations, within the framework of law and in a manner that preserves the unity and independence of the Palestinian people.
Article (8)
The Palestinian political system shall be a parliamentarian representative democracy, based on political pluralism. It shall guarantee the rights and liberties to all citizens, including the right to form political parties and to engage in political activities, in accordance with law. Palestinian parties shall abide by the principles of national sovereignty, democracy and peaceful transfer of authority, in accordance with this Constitution.
Article (9)
The principle of the rule of law and justice is the foundation of government. All authorities, agencies, departments, institutions and individuals shall abide by the law.
Article (10)
All actions of governmental authorities shall be subject to administrative, political, legal and judicial review in normal and exceptional circumstances. No law shall exempt any action or administrative decision from judicial supervision. The State shall be responsible for compensating damages resulting from errors and risks caused by measures and actions of government employees while carrying out their duties.
Article (11)
The independence of the judiciary and its immunity are basic guarantees for the protection of rights and liberties. No public or private person shall be immune from the law, or from executing judicial rulings. Any act of contempt of the judiciary shall be punishable by law.
Article (12)
Palestinian nationality shall be regulated by law, without prejudice to the rights of those who legally acquired it prior to May 15, 1948, or the rights of the Palestinians residing in Palestine prior to that date, and were forced into exile or departed there from or denied return thereto. This right passes on from fathers or mothers to their progenitor. It neither disappears nor elapses unless voluntarily relinquished as provided by law.
No Palestinian shall be deprived of his nationality. The acquisition and renouncement of Palestinian nationality shall be regulated by law. The rights and duties of citizens with multiple nationalities shall be governed by law.
Article (13)
Palestinians who were forced out of Palestine, or departed there from as a result of the 1948 War, and were denied return thereto, shall have the right to return to the State of Palestine and bear its nationality. It is a permanent, inalienable, irrevocable right and shall not lapse by prescription.
State of Palestine shall strive to apply the legitimate right of return of the Palestinian refugees to their homes, and to obtain compensation in accordance with the United Nations Resolution 194 of 1948, and the principles of International Law, through negotiations, and political and legal channels.
Article (14)
Natural resources, antiquities and historical sites are the property of the People of Palestine. The State shall preserve its optimal exploitation is governed by law.
Article (15)
The State shall strive to achieve a clean, balanced environment. The protection of the environment shall be an official and community responsibility. Tampering with the environment is punishable by law.
Article (16)
The economic system shall be based on free market economy principles, and shall protect economic activity within the context of fair competition. The State may establish public companies regulated by law, without prejudice the principles of the free economy and for the benefit of the Palestinian people.
Article (17)
The State shall strive to promote social, economic and cultural development and scientific advancement of the Palestinian people, with due consideration to social justice, and to the provision of assistance to the more deserving, especially those who suffered during the national struggle.
Article (18)
State of Palestine shall abide by the Universal Declaration of Human Rights and shall seek to join other international instruments that safeguard human rights.
CHAPTER TWO
RIGHTS, PUBLIC LIBERTIES AND DUTIES
(Articles 19-62)
Article (19)
All Palestinians are equal before the law, and are entitled to enjoy civil and political rights and bear public duties without distinction of any kind, such as race, color, religion, gender, political opinion, or handicap.
In all instances, the term ”Palestinian” or “citizen” in this Constitution refers to both male and female.
Article (20)
Basic Human rights and liberties are binding and must be respected. The State shall guarantee religious, civil, political, economic, social and cultural rights and liberties to all citizens on the basis of equality and equal opportunity.
No one shall be deprived of his legal competence, basic rights and liberties for political reasons.
Article (21)
Every Palestinian, eighteen years or older shall have the right to vote in accordance with the law. Each Palestinian national shall have the right to enter presidential elections or parliamentarian elections, and/or assume a ministerial or a judicial post. The law shall regulate the required age and other preconditions for assuming these posts.
Article (22)
Women shall have their right to recognition as a person before the law, and shall have their independent financial entity. They shall have the same rights, liberties and duties as men.
Article (23)
Women shall have the right to participate actively in the social, political, cultural and economic aspects of life. The law shall strive to abolish restraints that prevent women from contributing to the building of family and society. The constitutional and legal rights of women shall be safeguarded. Any violation of such rights shall be punishable by law. The law shall also protect their legal inheritance.
Article (24)
Children shall have all the rights guaranteed by the United Nations Convention on the Rights of the Child.
Article (25)
The right to life is guaranteed by the law.
Article (26)
Everyone has the right to security of person.
No one shall be subjected to torture, physical or psychological, or to cruel, inhuman or degrading treatment or punishment. Planning, performing or taking part of any of these actions shall constitute a crime and shall be punishable by law. Such crimes shall not lapse by prescription. Confessions proven to be extorted under torture or serious threat of torture, shall not be considered proof of guilt. Those who carry out or give instructions or take part in torture shall be subjected to law.
Article (27)
No one shall be subjected without his free legal consent to medical or scientific experimentation. No surgery, medical examination or treatment shall be performed on a person, except being proponent with law.
The law shall govern the transplant of organs, cells and other new scientific developments, consistent with legitimate humanitarian purposes.
Article (28)
Every person has the right to freedom and to personal safety. Such right may not be violated, except in cases, and through procedures provided by law.
No one shall be arrested, searched, detained or imprisoned in any way except by order of a competent judge or public prosecutor in accordance with the law, and where such measures were necessary for safeguarding the security of society.
Any person arrested shall be promptly informed, in a language that he understand, of the charges preferred against him, and is henceforth entitled to a lawyer. He shall be brought before the competent judicial authority immediately. The law shall define the conditions of provisional detention and its duration.
Any person illegally arrested, imprisoned or restrained shall be entitled to compensation.
Article (29)
Everyone accused with a penal offense, has the right to be presumed innocent until proved guilty according to law in a public trial, at which he has had all the guarantees necessary for his defense, pro se or through the assistance of an advocate of his own choice, in a public hearing. Failing a choice by the accused due to lack of his financial capability, the court shall provide him with an advocate.
Article (30)
Detainees and those deprived of liberty shall be treated humanely and with dignity.
The United Nations Basic Principles for the Treatment of Prisoners of 1990 shall be considered in the implementation of sentences of prisoners.
The reform, education and rehabilitation of minors shall be considered in determining and applying criminal sentences.
Article (31)
Every citizen has the right to freedom of movement and residence within the borders of the State of Palestine. No one shall be deprived from his right to leave Palestine except by a legally issued court order. Likewise the Palestinian shall not be deported or prevented from returning to his country, and may not be extradited.
Article (32)
The political refugee who legally enjoys the right of asylum shall not be extradited. Law, in accordance with bilateral agreements or international conventions, shall govern the extradition of ordinary foreign defendants.
Article (33)
Litigation is a right guaranteed to all by the State. Every person shall have the right to legal recourse to defend his rights and liberties, and to receive compensation for a violation thereof. The law shall regulate litigation procedures in a manner that ensures the quick disposition of cases, without prejudice to the rights of litigants.
In the event of a judicial error, the state shall be obligated to compensate the damaged party. The law shall govern the conditions and procedures thereof.
Article (34)
There shall be no crime or punishment except as provided by law. No sentence shall be executed except by judicial order. Punishment shall be personal No one shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the law and penal procedure. Collective punishment is prohibited. Parity shall be considered between the crime and punishment. There can be no punishment except for acts committed after a law has come into effect. The law shall regulate, in non-criminal cases, the retroactivity of laws.
Article (35)
The private aspect of life of every person, including family matters, residence, correspondence and other means of private communication, shall be protected by law. It shall not be infringed upon except by court decision and within the limits of the law. Any consequence of the violation of this Article is null and void, and those who are harmed as a result thereof shall be entitled to compensation.
Article (36)
Freedom of religion and religious practice is guaranteed by this Constitution and the law.
The State shall guarantee free access to holy shrines that are subject to its sovereignty in accordance with the law.
The State shall guarantee to followers of all monotheistic religions the sanctity of their shrines in accordance with the historic commitment of the Palestinian people and the international commitments of the State of Palestine.
Article (37)
The right to freedom of opinion and expression in writing, speech or other means shall be guaranteed within the limit of the law, so as to safeguard the rights and liberties of others.
Article (38)
The right to publish newspapers or other media is universal and guaranteed to every citizen by this Constitution. Financial sources for such purposes shall be subject to legal audit.
Article (39)
Freedom of the Media, including press, print, audio and visual media is guaranteed. This freedom extends to those working in the media. The media shall be protected by this Constitution and the relevant laws and legislation.
The Media shall freely exercise its mission and express different opinions within the framework of society’s basic values, while preserving rights, liberties and public duties in a way not contradicts the principle of rule of law. The Media shall not be subject to administrative censorship, interference, or confiscation, except by court decision in accordance with the law.
Article (40)
Journalists and other citizens shall have the right of access to news and information with transparency, and responsibility, in accordance with the law.
Article (41)
Citizens shall have the right to protect their intellectual property rights, which may be the product of scientific, artistic or cultural effort.
These rights shall be exercised in a manner consistent with society’s basic values and the rule of law.
Article (42)
Every citizen has the right to education. Education shall be compulsory in the fundamental stage. The State shall guarantee education in public schools, institutions and other entities until the end of the secondary stage. The law shall regulate the State’s supervision of its educational performance and curricula.
Article (43)
Private education shall be free and independent. The law shall regulate the state’s supervision of its curricula, and performance.
Article (44)
The State shall uphold the independence of the universities, scientific institutions and research centers of scientific objectives. The law shall regulate the supervision thereof in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. The State shall strive, within its capabilities, to encourage, support, and protect these institutions.
Article (45)
The law shall regulate social security, pensions for the disabled and the aged, and support to families of martyrs, detainees, orphans, those injured in the national struggle and those of special needs. The State shall guarantee them, within its capabilities, educational, health and social insurance services, and shall give them priority in employment opportunities, in accordance with the law.
Article (46)
The State shall organize health insurance as an individual right and a public interest. It shall guarantee, within its capabilities, basic health care for the indigent.
Article (47)
The State shall seek to provide adequate housing to every citizen, through a housing policy founded on collaboration of the government, private sector and banking system. In times of war and natural disasters, the State shall also seek, within its capabilities, to provide shelter to those who lose their homes.
Article (48)
The State shall guarantee family, maternal and child care. It shall care for adolescents and the youth. The law shall regulate child, mother and family rights in accordance with the provisions of international agreements and the Charter on the Rights of the Arab Child of the League of Arab States. In particular, the State shall seek to protect children from harm, harsh treatment or exploitation, and from any work that would endanger their safety, health or education.
Article (49)
Public property shall have sanctity, and shall be safeguarded by all the citizens, so as to guarantee its protection and for it to serve the people’s public interest in accordance with the law. The law shall regulate the Waqf [religious endowments] organization, and management of its properties and assets.
Article (50)
Private property shall be protected by law. It shall not be confiscated or sequestrated except for serving public interest and as provided by law. In all circumstances, this shall be pursuant to fair compensation. General confiscation of private property is prohibited.
The law shall regulate the ownership of real estate by foreigners.
Article (51)
All citizens shall have the right to work. Through its development plan, and the private sector support, the State shall seek to provide work opportunities. The law shall regulate work relations in a manner that guarantees justice for all parties, and that provides for the protection and security of workers. The law shall regulate compulsory labor in emergency exceptional circumstances and in times of natural disasters. Workers shall have the right to establish trade unions and professional associations. This right shall be subject to the rules of the organization concerned.
The right to protest and strike shall be exercised within the limits of the law.
Article (52)
All citizens shall have the right to have access to public service, to serve society, on the basis of competence, merit and equal opportunity in accordance with the requirements of the law.
Article (53)
Consistent with this Constitution and the law, every citizen shall have the right to practice his right to vote in referenda and elections, and run for elections or nominate a person who meets electoral requirements.
Article (54)
All citizens shall have the right to participate, individually and collectively, in political activities, this include in particular the following rights and liberties:
1.The right to form political parties and/or subscribe thereto, and/or withdraw there from in accordance with the law; and
2.The right to form trade unions, societies, associations, forums, assemblies, clubs and institutions, and/or to participate therewith and/or to withdraw there from, in accordance with the law.
The law shall determine the procedure of granting the organizational legal personality.
Article (55)
Every individual shall have the right to organize private meetings in accordance with the law and without the presence of the police. Every individual shall have the right to assemble and organize public meetings, and to demonstrate peacefully with others without bearing arms. No restrictions may be placed on the exercise of these rights other than those prescribed by law and which are necessary, in a democratic society, for the protection of the rights and liberties in this constitution.
Practice of violence as well as damaging public or private properties while demonstrating is prohibited. Any one who practice violence or incite it will be punishable by law.
Article (56)
Every citizen shall have the right to address the public authorities, and to present petitions and grievances in writing and signature.
Article (57)
Basic rights and liberties shall not be suspended. The law shall define those rights and liberties that may be temporarily restricted in exceptional circumstances in matters related to public safety and national security protection. The arbitrary use of power or authority shall be penalized according to the law.
Article (58)
Any violation of the fundamental rights and liberties granted by this Constitution or the law shall be considered a crime. All civil and criminal lawsuits arising as a result thereof shall not lapse by prescription. The State shall guarantee a just compensation for those harmed.
Article (59)
An Independent Public Commission for Citizen’s Rights, shall be established by law. The Commission shall be concerned with monitoring the state of the rights and liberties of the citizens. The law will determine its duties, competence and organization. It shall present its reports to the House of Representatives, The President of the State, and the Prime Minister.
Article (60)
The State shall assume responsibility for the security of persons and property. It shall protect the rights of every citizen within its territory and abroad.
Article (61)
Defending the nation is a sacred duty, and serving it is an honor for every citizen. It shall be regulated by law.
Individuals and groups shall not transport, carry, trade or illegally possess arms in violation of the regulating law.
Article (62)
The payment of taxes and general dues is a duty regulated by law.
CHAPTER THREE
PUBLIC AUTHORITIES
(Articles 63-184)
Article (63)
National sovereignty belongs to the People, who [are] the source of all authorities. The People exercise their powers directly by referenda and general elections or through elected representatives, within its three public authorities: legislative, executive, and judicial, and via its constitutional institutions. No individual or group shall claim for itself the right to exercise such powers.
Article (64)
The relationship among the three public authorities on exercising their powers shall be of independence, on the basis of relative separation, mutual cooperation and balance. No authority shall have the right to perform duties that have been attributed to another authority in accordance with this Constitution.
Chapter III: Section One
Legislative Authority / House of Representatives
(Articles 65-108)
Article (65)
The sole and exclusive power of making laws for the State is hereby vested in the House of Representatives. It shall approve the State’s overall policies as well as the budget, which shall be prepared by the Council of Ministers “or the Government”. It shall monitor “or observe” the actions of the Executive Authority as specified in this Constitution.
Article (66)
The House of Representatives shall consist of one hundred and fifty (150) members “or persons”, representing the Palestinian people. They shall be elected according to this Constitution and election law. When running for candidacy to the House of Representatives, the provisions stated in this Constitution and the election law shall be observed.
A candidate for the House of Representatives must be a Palestinian National. If elected, the member of the House shall not possess any nationality other than the Palestinian Nationality.
Article (67)
Members of the House of Representatives are elected for five-years term. The member may be re-elected. The term of the House of Representatives may not be extended except when necessary and pursuant to a law passed by two-thirds of the total of its membership.
Article (68)
The seat of the House of Representatives shall be in Jerusalem, the capital of the State of Palestine. It may hold sittings in other places as per the request of its Speaker or the majority of its membership.
Article (69)
In its first sitting, and before the commencement of its constitutional powers, the members of the House of Representatives, before the Speaker of the House of Representatives and the President of the High Council of the Judiciary jointly, shall take the following oath:
I swear by Almighty God to be faithful to the Homeland, to safeguard the rights of the People, the Nation and their interests, to respect the Constitution and the Law, and to fulfill my duties rightfully. May God be my witness.
Article (70)
In the first meeting of every annual session, the House of Representatives shall elect its Speaker, his two Deputies, and a Secretary-General. These positions shall constitute the Office of the Presidency of the House of Representatives.
Members of the Office of the Presidency of the House of Representatives shall not assume a ministerial or any other governmental post.
Members of the House of Representatives may assume the post as ministers, provided that their total number in the Council of Ministers shall not exceed half of the total number of ministers.
Article (71)
The President of the State shall inaugurate the first meeting of each normal annual session of the House of Representatives. The inauguration of the normal session of the House shall not be legally valid except with the presence of its Speaker or his legal deputy and not less than two-thirds of total membership thereof. The sittings will remain valid for the rest of the normal session with the presence of the speaker of the House of Representatives or his legal deputy and an absolute majority of its membership.
Article (72)
At the invitation of its Speaker, the House of Representatives shall summon for a normal annual session of two periods. Each period shall be of four months. The first period starts in the first week of the month of March, and the second starts in the first week of the month of September.
In case of necessity, when there is no normal session in process, and in agreement with the Prime Minister, or at the request of not less than one-third of the total membership of the House of Representatives, the President of the State shall have the right to call the House for an extraordinary meeting.
Article (73)
The House of Representatives shall refer any contestation against the validity of the representation of any of its members, to the Constitutional Court for decision according to its governing law.
Membership in the House may be revoked if a member does not meet the legal requirements of electoral eligibility or loses any of such requirements. This shall be enforced by decision of the House, with assent of two-thirds of its total membership.
Article (74)
When the seat of one member of the House of Representatives or more become vacant not less than six months before the end of his term in the House due to death, resignation or loss of capacity, a successor shall be elected in the concerned constituency/ constituencies not more than a month of the seat/s becoming vacant. The law shall define the circumstances of loss of capacity or capability.
Article (75)
Sittings of the House of Representatives shall be public. The Speaker of the House, with the assent of the majority of members present, may decide to hold an “in camera” setting.
Article (76)
The House of Representatives shall establish, by law, its own rules and standing orders, to organize the execution of its legislative and monitoring “or observatory” powers, and to set procedures for questioning its members within its jurisdiction, in consistency with this Constitution.
Article (77)
The President of the State, the Prime Minister, the Speaker of the House of Representatives or five members of the house, shall have the right to propose draft laws “or to submit draft law proposals”. Each proposal which is not approved by the required majority, shall not be submitted again for debate in the same session, unless it is supported by not less than two-thirds of the membership thereof.
Article (78)
Resolutions of the House of Representatives, including approval of draft laws and the budget, shall be adopted by a majority of the members present, except where a special majority is required.
Article (79)
The Council of Ministers shall approve agreements and other international treaties, its members conclude within their competence. These agreements and treaties shall be of full force and effect after accreditation by the President of the State and promulgation in the official gazette.
Agreements or treaties which impose on the treasury additional non-budgetary expenses, or which impose on the citizens and the State obligations in violation to current laws, shall be approved by a majority of the total membership of the House of Representatives.
The House shall discuss agreements that its consequences may endanger the national independence of the State or its territorial integrity, prior to its presentation, by the Government, to a public referendum.
Article (80)
Laws approved by the House of Representatives and accredited by the President of the State, shall be of full force and effect thirty days from the date of its promulgation in the official gazette, unless otherwise provided by law.
Article (81)
Laws shall be promulgated in the official gazette within thirty days from:
- The date the law is referred to the President of the State by the House of Representatives for accrediting;
- From the date the law is referred by the House of Representatives after a second approval by two-thirds of the total of its membership, in cases where the President objects to accredit the referred law.
In case the law is not transmitted back or promulgated after the lapse of respite, it shall become of full force and effect by the force of this constitution and should be promulgated. The Constitutional Court, upon a request of the House of Representative may issue a decision of promulgation.
Article (82)
The House of Representatives may form special ad-hoc committees or request one of its standing committees to investigate any matter relative to any governmental institution falling under its observatory mandate. The said committee may question anyone it feels necessary to, and examine documents and seek information from all concerned parties. The committee shall submit its findings to the House of Representatives for appropriate decisions.
Article (83)
The House of Representatives shall have the exclusive right to maintain order and security within its facilities during its sessions or committee meetings. The House of Representatives shall have their own guards responsible before the Speaker of the House. No security personnel or any other armed forces personnel shall have the right to enter or be present in the facilities of the House unless so requested by the its Speaker.
Article (84)
Every member of the House of Representatives shall have the right to raise question or request clarification from the Prime Minister, any of his deputies, any Minister or of equivalent positions about any subject falls within their responsibility. The member shall be entitled to receive an answer thereto as specified by its own rules and standing orders.
Article (85)
Every member of the House of Representatives shall have the right to raise inquiries from the Prime Minister, one of his deputies, any minister, or any one of equivalent position on any subject within their responsibility. The inquiry may not be debated in less than one week of its submission unless the person being asked the inquiry agrees to put under debate or respond within a shorter period. In urgent circumstances the period may be shortened by decision of the House of Representatives.
Article (86)
After the inquiry, ten members of the House of Representatives may request:
- Passing a motion of censure to the Prime Minister, the Minister or to those of equivalent position (minister) or to the government; or
- Withdraw confidence from the Prime Minister, the Minister or to those of equivalent position or the government as the case may be.
Voting on these measures shall be withheld for at least three days from the date of the request. A decision of withdrawal of confidence shall be approved by a majority of the total membership of the House of Representatives.
Article (87)
If a majority of the total membership of the House of Representatives approve withdrawal of confidence from the Prime Minister or from more than one-third of the total members of the Council of Ministers, the Government shall be deemed to have resigned from office. In this case, the Prime Minister and the other members of the Government shall continue to carry on their duties until the new Government shall have been appointed.
If a majority of the House of Representatives agrees on withdrawal of confidence from a minister, he shall be deemed to have resigned from office.
Article (88)
In case of necessity, the President of the State or the Prime Minister may propose dissolution of the House of Representatives, before the Council of Ministers. If such proposal is being accepted by a two-third majority of the total membership of the Council of Ministers, the President of the State shall declare the House of Representatives dissolved.
The Government shall promptly call for general elections for a new House in not later than sixty days after the dissolution and in accordance with the Elections’ Law. If elections are not held, the House of Representatives shall remain in office until the new House is elected. In such case, this House shall not be empowered to withdraw confidence from the government. The House of Representatives shall not be dissolved during the first year of its formation or in times where “state of emergency” is declared as provided by this Constitution.
Article (89)
The Government, in accordance with the law, shall call for the elections of the House of Representatives not later than sixty days before the expiration of the term of office of the previous House. In case the Government fails to do so in due time, the Speaker of the House of Representatives may request the Constitutional Court to issue a decision to hold the elections.
If the elections cannot be held by the required time due to war or imminent danger of war or siege that prevents Constitutional Institutions to function properly, the House of Representatives shall remain in office until elections can be carried out not later than sixty days of the abolition of the hindrance.
Article (90)
Impeachment of the President of the State with treason, breach of the Constitution or for committing a felony, should be proposed by one-third of members of the House of Representatives. The decision to impeachment shall not be declared unless it is supported by not less than two-thirds of the total membership of the House.
Upon declaring the decision to impeachment, the President shall promptly cease performing any of his duties and shall be tried before the Constitutional Court.
Competence of the House of Representatives Regarding Financial Matters
(Articles 91-100)
Article (91)
The law shall regulate preparation of the Budget, by the Government, and the procedure of its approval. The law shall also regulate the disbursement of budgetary funds, supplementary and developmental budgeting, as well as budgeting for public entities and enterprises in which the public share constitutes a minimum of fifty per cent of their capital.
Article (92)
The Government shall refer the budget to the House of Representatives, as a draft law, not less than four months before the beginning of the fiscal year. The House shall hold one special sitting or more to debate the budget draft law. The House shall discuss and vote on the items of the budget and its chapters, as well as on the budget in its entirety. The House will then refer the approved budget to the President of the State for promulgation.
The House of Representatives shall approve the budget not more than five months from the date of its referral in accordance with the previous clause. If the House fail to approve the budget, the President of the State, by decision of the Council of Ministers, shall put the budget into force by ordinance. Then the budget shall be in the form that was referred to the House of Representatives.
Article (93)
Should it be found in the course of the legislative process, the House of Representatives shall not have the right to increase the set credits of the budget by alteration or borrowing.
Article (94)
In case of necessity or for long term planning purposes, the law may stipulate the allocation of funds for a period longer than a year, provided that the allocations for such projects shall be made in all subsequent budgets, or an exceptional budget is set for more than one fiscal year.
Article (95)
Budget Appropriations shall not be moved between chapters except by consent of the House of Representatives.
Article (96)
Should the budget not be approved, and the time of delay is not less than a month beyond the time limit, and the President of the State has not used his right to issue the budget in accordance with article (92) of this Constitution, the Government, by consent of the House of Representatives, shall be permitted to allocate specified amounts of funds, on monthly basis, at the ratio of one to twelve (1:12) of the amount of the previous budget, until the new budget is approved.
Article (97)
The government shall submit the financial statement of its balance sheet to the House of Representatives not later than six months from the end of the fiscal year.
Article (98)
The allocation of public funds and its expenditure shall be done by law. The law shall determine the rules for payment, by the treasury, of salaries, compensation, stipends and benefits and the departments responsible for their application. Disbursement of exceptional funds shall be done only in accordance with the law.
Article (99)
Imposition, adjustment or annulment of taxes shall be done by law. Taxes and fees shall be accredited to the treasury and shall be disposed of according to the law. It can only be waived as specified by law. Taxes shall be imposed and disposed of with due consideration to equality and social justice.
Article (100)
Rules of loans contracting, granting concessions, and promoting foreign investment or commitments concerning exploitation of natural resources and public utilities shall be determined by law.
Rights, Immunities and Duties of Members of the House of Representatives
(Articles 101-108)
Article (101)
Financial remuneration, rewards, or benefits provided to members of the House of Representatives shall be determined by law. Amendments made thereto by the House shall apply only to the members of the House elected in succession to the one that voted it.
Article (102)
Immunity of members of the House of Representatives shall not be infringed upon for the duration of their term of office. They shall not be prosecuted criminally or civilly in respect of opinions expressed, facts mentioned, votes cast at the meetings of the House of Representatives or its committees or what they disclose outside of the House in the exercise of their duties as members of the House.
Article (103)
A member of the House of Representatives may not be requested to give testimony in connection to any of his actions, statements or information he obtained in his capacity as a member of the House during his term of office or thereafter, except by his own consent and the approval of the House.
Article (104)
No member of the House of Representatives may be subjected to any legal proceedings or be brought to justice except after decision of the majority of the total membership of the House lifting his immunity or after he clearly relinquishes his immunity before the House.
In case of a serious crime or other major offense committed flagrante delecto, the legal proceedings may be promptly carried out including putting the member in custody. In the latter instance, the Speaker of the House of Representatives shall be notified immediately and in turn, the House shall ensure the integrity of the proceedings that have been taken against the member. If the House is not in session, authorization from the Speaker of the House shall be required, and the House of Representatives shall be notified in the first following sitting of whatever criminal proceedings have been taken against that member.
Article (105)
A member of the House of Representatives is accountable to the House that, upon request of one-third of the total of its membership, may debate revoking his membership if he commits an act that infringes on the honor of his duties as a member of the House. The House, upon a decision of the majority of its total membership, may refer the matter to the Constitutional Court to decide on the removal of that member from office.
The House own rules and standing orders shall determine the circumstances and the conditions that govern the removal of a member of the House from office, and the necessary procedure for referring the case to the Constitutional Court. This shall not prejudice the individual and personal legal liability of the member for his violations to the law.
Article (106)
As his term of office ends, immunity of a member shall not cease with respect to statements made or actions taken by him in exercise of his duties as a member of the House.
Article (107)
A member of the House of Representatives shall not hold other public or private employment during his term of office, buy or lease any State’s assets, sell his own assets to, or exchange it with the State, or conclude a contract with the State as an entrepreneur, supplier or contractor.
The State shall secure the positions of those employed by it and who are elected to the House of Representatives.
The House of Representatives shall decide, upon request, of resignation of any of its members in accordance with its own rules and standing orders.
Article (108)
Each member of the House of Representatives, in the first month of his term of office, shall present a declaration of personal finances for him, his spouse, and his minor children. The statement must provide details if his movable and non-movable property, cash assets, debts, or dues in Palestine and abroad. The declarations shall be kept at the custody of the Constitutional Court.
The Advisory Council
(Articles 109-111)
Article (109)
An Advisory Council composed of one hundred and fifty members shall be established according to this Constitution. In its formation due consideration shall be given to the ratio of distribution of Palestinian population in Palestine and abroad. The law shall regulate election or appointment of its members according to their countries of residence. The President of the State may appoint up to ten non-Palestinian members who have been distinguished with noble services for the Palestinian cause.
Article (110)
The Advisory Council mandate shall include:
- Debating of general strategic issues and submission of adequate advice;
- Suggestions related to Palestinian national rights, the security of Palestinian territory, and the rights of Palestinians abroad;
- Discussion of constitutional amendments and presentation of opinions regarding these amendments.
- Whatever subject matters the President of the State refers to the Council concerning general policy in Arab and international affairs for the State of Palestine;
- Draft laws referred by the President of the State concerning Palestinian expatriates; and
- That which members of the Council set for discussion.
Article (111)
The Advisory Council shall send its recommendations to the President of the State, to the Prime Minister and to the Speaker of the House of Representatives. The President of the State shall order the promulgation of these recommendations in the official gazette.
Section Two
The Executive Authority
(Articles 112-158)
First: The President of the State
(Articles 112-127)
Article (112)
The President of the State is the President of the Republic. He shall see that the Constitution is observed and uphold the unity of the People. He shall ensure the proper functioning of the public authorities, the continuity of the State and its national independence. He shall exercise his functions and responsibilities as specified in this Constitution. Save what is provided by this Constitution that shall be conferred to the President of the State, the executive and administrative powers of the Government shall be the responsibility of the Council of Ministers.
Article (113)
Conditions of eligibility for election to the office of President shall be bearing the Palestinian nationality exclusively, being at age not less than forty years on the day of nomination and shall be enjoying his civil and political rights.
Article (114)
The President shall be elected by direct vote of the people. The President shall hold office for five years. A person who holds office as President, shall be eligible for re-election to that office once, but only once.
Article (115)
The President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter.
In the event of his predecessor's removal from office, death, resignation, or permanent incapacity established as provided by articles 90 and 118 hereof, The President shall enter upon his office as soon as may be after the election. Prior to entering upon his office, the President shall take and subscribe publicly, before the House of Representatives and in the presence of the Head of the High Council the of Judiciary, the following oath:
I swear by Almighty God to be faithful to the nation and its shrines, to the people and their national heritage, to respect the Constitution and the law, and to fully preserve the interests of the Palestinian people. May God be my witness.
Article (116)
The President of the State, in the first month of his term of office, shall present a declaration of personal finances relative to him, his/her spouse and his minor children. The declaration shall provide details of his movable or non-movable property, cash assets, debts, or dues in Palestine and abroad. The declarations shall be kept at the custody of the Constitutional Court.
Article (117)
Law shall determine the remuneration of the President of the State.
Article (118)
The Presidency of the State shall fall vacant by:
- Upon death of the incumbent, or
- Upon resignation, or
- Should the Constitutional Court on a reference from the House of Representatives by two-thirds majority of the total of its membership, rule that the President of the State is incapacitated and unable.
Article (119)
Should the Presidency of the State fall vacant for any reason whatsoever, or should the House of Representatives proceed with impeachment as provided in article 90 of this Constitution, the Speaker of the House shall temporarily exercise the powers and duties of the President of the State.
In accordance with the election’s law, the ballot for the election of the new President shall be held not more than sixty days after the beginning of the vacancy. Should the Speaker of the House decided to go for candidacy for the office of presidency, or a legal hindrance prevents him from assuming the presidency, the President of the Constitutional Court shall temporarily assume the presidency until elections for the president is being held. In this manner, the President of the Court shall not be an eligible candidate for presidency.
Article (120)
The President of the State may direct the Council of Ministers in setting its general policy.
Article (121)
The President of the State shall appoint the Prime Minister on the proposal of the party that obtained the greatest number of seats in the House of Representatives, after consultations with leaders of other parties represented in the House. Should the appointed Prime Minister fails to compose his government not more than forty five days of time, the President of the State shall appoint a new Prime Minister and so on until a government is composed.
Article (122)
The President of the State shall accredit laws after their approval by the House of Representatives not more than thirty days of being transmitted to him. The President shall order promulgation.
The President of the State may, before the expiry of that time limit, raise objections against a draft law approved by the House of Representatives. Supported by his own reasoning, The President of the State may ask the House to reconsider such approval. Should the time limit being expired with no accreditation or objection, the said law shall be of full force and effect and shall be promulgated in the official gazette.
Should the President of the State transmit back the said draft law prior to the time limit expiry, and should such draft law receive a second approval by a two-third majority of the total membership of the House, it shall be of full force and effect and shall be promulgated.
In all manners relevant, The Constitutional Court, upon a request of the House of Representative may issue a decision of promulgation.
Article (123)
The Prime Minister, or any minister delegated by him, shall negotiate international treaties. The President of the State shall be informed of the course of negotiations. Conclusion of international treaties shall require approval of the Council of Ministers and accreditation of the President of the State.
Article (124)
Save as provided by this Constitution, the President of the State shall enjoy the following powers:
- The President shall preside on the Council of Ministers sittings in time of a state of emergency and in similar exceptional circumstances.
- The President shall issue decrees and request its promulgation. He may ask the Council of Ministers to reconsider any of its decrees not later than seven days after the transmission of the said decision to the Office of Presidency. Should the said decree receives a second approval by the Council of Ministers, or should the time limit expires without issuing the decree, the said decree shall be of full force and effect and shall be promulgated.
- The President of the State shall exclusively issue the decree for the appointment of the Prime Minister and the decree accepting the resignation of the government, declare it to be considered to have resigned or declare it resigned. Other decisions and decrees shall be signed jointly by him, the Prime Minister or the relevant Minister or Ministers. The Prime Minister, in person, jointly with the President of the State shall countersign decrees of issuance of laws, reconsideration of laws, and decrees calling for the House of Representatives to convene in an exceptional extra-ordinary session.
- The President of the State shall communicate, when necessary, with the House of Representatives by means of speeches which shall not be the occasion for any debate.
- He shall transmit draft laws approved by the Council of Ministers to the House of Representatives.
- The President of the State shall have the right to grant pardon and the right to commute criminal sentences. Amnesty shall be exclusively granted by law.
- The President of the State shall grant State decorations by decree.
Article (125)
The President of the State, on the proposal of the Minister of Foreign Affairs, shall accredit ambassadors and envoys extraordinary to foreign powers, international and regional organizations, and he shall terminate their term of office. Foreign ambassadors and envoys extraordinary shall be accredited to him.
Article (126)
The President of the State shall be the higher commander-in-chief of the Palestinian National Security forces, which shall be headed inclusively by a delegated minister
Article (127)
The President of the State may establish specialized advisory councils of qualified, specialized, and experienced persons to participate by expressing their opinions and thus benefiting from national capabilities.
State of Emergency
(Articles 128-130)
Article (128)
In agreement with the Prime Minister and in consultation with the Speaker of the House of Representatives, whenever the security of the Nation is under serious threat due to war, natural disasters or siege, or the integrity of the society and the proper functioning of its constitutional public authorities is interrupted, the President of the State may declare a “state of emergency”.
The state of emergency shall not be declared unless its measures is necessary to restore public order or proper functioning of public authorities, or to confront disaster or siege. The exercise of state of emergency shall not exceed thirty days of time and may only be extended once, by approval of two-third majority of the total membership of the House of Representatives, with the exception of the state of war. In all cases, any declaration of a state of emergency shall specify the purpose thereof, the region and time period covered thereby.
Article (129)
After the declaration of the state of emergency, the Council of Ministers may, if events necessitate the taking of speedy measures to confront situations that cannot be delayed, issue orders that shall gain approval of the President not more than three days. These decrees shall then have the force and effect of law. They shall be presented to the House of Representatives in its first sitting after the declaration of the state of emergency, or in the sitting of its extension, whichever occurs first, to decide upon it, otherwise they lose their legal force and effect retroactively. Should the House of Representatives not approve them, they shall cease to have any legal effect, and the House shall decide how to remedy its effects without prejudice to any material rights of third parties.
Article (130)
In time of state of emergency it is forbidden to impose restrictions on basic rights and liberties, except to the extent strictly required by the exigencies of the situation in order to preserve the integrity of the Nation. All decisions and actions taken by the Council of Ministers in time of state of emergency shall be subject to judicial review. The competent courts shall examine grievances of this nature in not more than three days.
Second: The Prime Minister
(Articles 131-140)
Article (131)
The conditions of eligibility of the Prime Minister and the ministers shall be bearing the Palestinian nationality exclusively, being at age not less than thirty-five years.
Article (132)
The Prime Minister shall compose the government. When presenting his government to the President of the State, the Prime Minister shall assign members of his government to various ministries. The Prime Minister shall present the members of his government and its program to the House of Representatives to obtain its confidence.
Article (133)
If the Prime Minister fails to obtain confidence of the House of Representatives within three weeks, the President of the State shall resume consultations for a new appointment in accordance with Article (122) of this Constitution.
Until the new government succeeds to gain confidence of the House, the incumbent Prime Minister continues to perform minimum duties.
Article (134)
The Prime Minister shall preside over the activities of the government. Every minister shall be accountable to the Council of Ministers in accordance with internal regulations consistent with the Constitution. The Prime Minister and the ministers are individually and jointly responsible for the actions of the government before the House of Representatives.
Article (135)
When recomposing the government, adding new ministers, or filling a vacancy for any reason whatsoever, the new ministers shall be present before the House of Representatives at its first sitting for a vote of confidence. Should the change affected more than one third of members of the Council of Ministers, a vote of confidence on the whole government must be held. The Prime Minister or any other minister shall not perform any power and duty of his office until confidence is obtained from the House of Representatives.
Article (136)
After obtaining confidence, the Prime Minister and the Ministers shall take and subscribe publicly, before the President of the State and the House of Representatives in a joint meeting, the following oath:
I swear by Almighty God to be faithful to the country, to uphold the rights of the people, and its interests, and to respect the Constitution and the Law, and to fully carry out my duties. May God be my witness.
Article (137)
The Prime Minister shall exercise the following powers:
- He represents the government and speaks on its behalf. He shall be responsible for the implementation of the general policies set by the Council of Ministers;
- He shall address the House of Representatives on the general policy of his government;
- He shall call the meetings of the Council of Ministers and set the agenda of the meetings. He shall inform the President of the State of the agenda. He shall preside over the meetings of the Council of Ministers.
- He shall oversee the functioning of the governmental authorities and public institutions, coordinate relations among ministers, and give general directives to ensure proper execution of operation.
- He shall sign executive and organizational decrees;
- He shall ensure implementation of legislation and regulations, coordination of policies and governmental programs;
- He shall approve, on a proposal of the competent minister, appointment to high ranking posts in accordance with the laws and regulations relative to appointment in ministries and other public administration entities.
- He shall propose draft laws;
- He shall promulgate laws that have been approved by the House of Representatives after being accredited by the president or after being of full force and effect according to this Constitution; and
- Any other competence legally attributed to him.
Article (138)
The Prime Minister and the Ministers shall not hold any other office or position of emolument. They shall not pursue another profession, buy or rent public property, lease or sell any of their property to the State, or barter with the it. The Prime Minister or any Minister shall not make use of any information obtained by virtue of competence, directly or indirectly, in realizing material reward for his person or otherwise in violation of the law
Article (139)
The Prime Minister and the Ministers shall receive such emolument and allowances on monthly basis as determined by the law.
Article (140)
The Prime Minister, the Ministers and those of equivalent positions shall individually present a declaration of personal finances for him, his spouse, and his minor children, not more than one month after obtaining confidence. The declarations shall provide details of movable and non-movable property, cash assets, debts, or dues in Palestine and abroad. These declarations shall be kept at the custody of the Constitutional Court.
Third: The Council of Ministers
(The Government)
(Articles 141-146)
Article (141)
The Council of Ministers shall be composed of a Prime Minister and a number of ministers, of which half of them at most shall be members of the House of Representatives.
Article (142)
The executive power shall be exercised by the Council of Ministers.
Article (143)
Upon the call of its President and under his presidency, the Council of Ministers shall convene in regular meetings. The number of ministers necessary to constitute a meeting of the Council of Ministers shall be two-third majority of the total of its membership. Decisions are reached by consent or by voting with a majority of its members present, unless otherwise provided by this Constitution or by the Council’s own Rules and Standing Orders.
The Council of Ministers shall exercise its powers and responsibilities in accordance with the provisions of this Constitution and laws and regulations governing the operation of the Government.
Article (144)
The Council of Ministers shall have the following competencies:
- Determine public policy, in the light of the its program approved by the House of Representatives;
- Conduct public policy, laws and regulations, and ensure respect and compliance therewith;
- Proposing new draft laws;
- Preparing the budget draft law to be presented to the House of Representatives for approval;
- Organizing, governing and supervising the offices, agencies and institutions of the State at their various levels;
- Overseeing the performance of the ministries, departments, institutions and agencies and supervising their operation;
- Debate the proposals and plans of each ministry, and its policies under its mandate;
- Approve the system of administrative structure;
- Issuance of organizational rules and necessary law-enforcement rules of procedure, as well as rules of supervision and organization of public utilities;
- Appointment of civil servants and military personnel on the proposal of the competent minister and in accordance with the law; and
- Any other competencies granted the Council by this Constitution or the law.
Article (145)
The law of the Executive Authority shall establish a number of standing commissions of the Council of Ministers. From among the chairpersons of those commissions, one or more shall be appointed as deputy/ deputies to the Prime Minister.
Article (146)
The Council of Ministers may issue the rules, orders and regulations necessary to exercise of its powers.
The Ministers
(Articles 147-152)
Article (147)
The minister is the highest administrative chief of his ministry. Every minister shall, within his own mandate and under the supervision of the Prime Minister, enjoy the following powers and authorities:
- Proposing the general policy for his ministry and overseeing its implementation after adoption;
- Overseeing the course of operation at the ministry and issue the necessary directives for its performance;
- Proposing draft laws related to his ministry before the Council of Ministers;
- Implementing the budget within the scope of, and according to the allocations approved for his ministry;
- Recruiting candidate employees for high-ranking posts and propose them before the Council of Ministers, for appointment. Appointment of other employees shall be within the power of the competent minister in accordance with the law and within the scope of the budget;
- Delegating some of his administrative powers and authority to the deputy minister or to other senior officials in his ministry in accordance with the law;
- Supervising the implementation of laws and regulations related to his ministry; and
- Any other power to be assigned to him by law.
Article (148)
Each minister shall act, within the boundaries of his competence, to apply laws and regulations, and to execute governmental plans and programs as provided by this Constitution and the laws governing the work of the Executive Authority.
Article (149)
Impeachment of the Prime Minister or any of the Ministers with high treason, breach of the Constitution, committing a felony or for violation of his office responsibilities, should be proposed by one-third of members of the House of Representatives. The decision to impeachment shall not be declared unless it is supported by not less than two-thirds of the total membership of the House.
As being impeached, the person shall promptly be transferred for interrogation.
Article (150)
As being transferred to interrogation, the person shall cease exercise any of his powers and responsibilities until a conclusive judgement is decided by the Constitutional Court. The Chief Public Prosecutor or his representative shall execute the procedures of investigation and indictment. Neither The removal from office nor the resignation may prevent establishment of, or proceeding with the lawsuit.
Article (151)
The government shall be considered to have resigned and shall be re-composed:
- At the beginning of a new term of office of the House of Representatives after every legislative election;
- After withdrawal of confidence from the Prime Minister, the Government or more than one-third of the ministers, in accordance with Article 87 of this Constitution;
- In the case of death of the Prime Minister;
- Upon resignation of the Prime Minister, voluntarily or through a presidential decree, or upon resignation of not less than one-third of the ministers; or
- If the Prime Minister become incapacitated or unable to perform the duties of his office in accordance with a request from the majority of the total membership of the House of Representatives followed by a decision from the Constitutional Court.
Article (152)
The previous government shall continue directing governmental affairs until the new government is being composed in accordance with this Constitution.
Security Forces
(Articles 153-154)
Article (153)
The National Security Forces shall be the property of the Palestinian people. It shall assume the task of protection and security of the Palestinians and defending the State. They shall be headed by a competent minister. The President of the State shall be commander-in-chief of the Palestinian National Security Forces. No military or armed force, other than the National Security Forces network, shall be raised or maintained for any purpose whatsoever. The law shall regulate the conditions to declare the general mobilization.
Article (154)
The Police shall be a civilian department, part of the Ministry of the Interior. The law shall regulate its role to serve the people, defend society, and exercise vigilance to maintain security, public order and common morals. It shall perform its duty within the limitations defined by law and in full respect of all the rights and liberties set forth in this Constitution.
Public Administration
(Articles 155-156)
Article (155)
Appointment of civil servants and all persons working for the State and the conditions of their employment shall be in accordance with the law.
Article (156)
All civil service related matters, including appointment, transfer, delegation, promotion, and retirement, shall be regulated by law. The General Personnel Department, in coordination with the concerned governmental departments, shall strive to improve and develop the public administration. Its advice on draft laws and regulations particular to the public administration and its employees shall be seek.
The Public Audit Bureau
Article (157)
An independent body called the Public Audit Bureau shall be established by law. Its jurisdiction and competence shall be governed by law. The Chief Public Audit shall be proposed by the Council of Ministers, appointed by the President of the State, and approved by the House of Representatives.
Local Government
(Article 158)
Article (158)
Law, on the basis of administrative decentralization shall regulate the relationship between the Government and the units of local government. Units of local government shall be a legal person. Their councils shall be elected. The law shall stipulate the methods by which they are established and structured, and by which their councils shall be elected, as well as their competence and power.
Section Three
The Judicial Authority
(Articles 159-177)
Article (159)
The judicial Authority shall be independent. It shall have inherent competence to perform judicial function. It shall be entrusted with deciding all legal disputes and crimes. The law shall determine the institutions of the Judicial Authority and its organization. The law shall also determine the classification of the court system and its jurisdiction, as well as, its rules of operation.
Exceptional courts shall not be established.
Article (160)
The affairs of the judicial institutions shall be entrusted with the High Council of the Judiciary. The law shall determine the organization and the competence of the Council in a manner that ensure its independence, equality and cooperation with other Public Authorities. The Council shall have the right to set its own rules and regulations. The Council shall give its opinion on draft laws concerning the regulation of judicial affairs.
Article (161)
In accordance with the law, the President of the High Council of the Judiciary shall be appointed by the President of the State and shall be approved by the House of Representatives. The law shall regulate the appointment of other Council members and their conditions of eligibility.
Article (162)
In accordance with the law, the High Council of the Judiciary shall set its own rules and standing orders governing appointments, assignments, transfers, promotions and disciplinary measures related to judges.
Article (163)
A judge shall declare and subscribe the legal oath before the High Council of the Judiciary as provided by the law of the Judicial Authority.
Article (164)
Upon his appointment, the judge shall a declaration of personal finances relative to him, his spouse, and his minor children. The declaration shall provide details of his movable or non-movable property, cash assets, debts or dues, in Palestine and abroad. The declarations shall be kept at the Constitutional Court.
Article (165)
Court shall hold its sessions in public, unless the court decides they shall be closed for reasons related to public order or morals, or pursuant to a request made by the adversaries. In all circumstances, sentences shall be pronounced in a public session.
Article (166)
Judicial sentences shall be issued, pronounced, and executed in the name of the People and according to the law.
Article (167)
Litigation procedure shall be regulated by law to guarantee justice speedily adjudication.
Article (168)
Judges shall be independent in the exercise of their judicial functions and subject only to the law and their conscience. They shall be irremovable. The law shall regulate the conditions of expiration of the term of office of judges and their disciplinary matters before the High Council of Judiciary as provided by the law without infringement on their independence in performing their functions.
No person shall be permitted to interfere in the judicial procedure or obstruct the execution of court decisions. Interference in any judicial procedure or the obstruction of the execution of court decisions shall constitute a crime and shall be punishable by law. Any lawsuits arising as a result thereof shall not lapse by prescription.
Article (169)
The law shall determine the conditions of eligibility, transfer, succession, promotion and organization of the affairs of the judges. Judges shall not hold any other office or position of emolument. They shall not pursue any profession or membership in the House of Representatives or political parties. While assuming a judicial profession, judge shall not possess any nationality other than the Palestinian nationality.
Article (170)
A Court of Cassation shall be established with jurisdiction over appeals in criminal and civil matters. Law shall determine its formation, jurisdiction, and operational procedures.
Article (171)
A Supreme Court of Justice shall be established with jurisdiction to decide administrative disputes and disciplinary cases as provided by the law that establishes the court. Such law shall regulate its rules of operation, the conditions of eligibility of its judges and other staff members, and its rules of procedure. Law may establish lower administrative courts.
Article (172)
A Military Court shall be established by law. The court shall be entrusted with deciding military disputes. It shall not decide any case of civilian nature or any case outside the military sphere.
The Bureau of the Public Prosecutor
(Articles 173-177)
Article (173)
The Bureau of the Public Prosecutor is an institution of the Judicial Authority. It is part of the organizational structure of Ministry of Justice and governed by of the laws governing the Judicial Authority.
Article (174)
A Chief Public Prosecutor shall be appointed to preside over the Office of the Public Prosecutor. The Minister of Justice shall nominate the Chief Public Prosecutor, who shall be appointed by the Council of Ministers. His competence, his deputies and their duties shall be as provided by law.
Article (175)
The Office of the Public Prosecutor shall undertake public cases in the name of the People and in accordance with the law.
Article (176)
The judicial police shall be subject to the direct supervision of the Judicial Authority.
Article (177)
The Ministry of Justice shall be entrusted with organizing the bodies responsible for the administration of the Judiciary. This shall be without infringing on the professional supervision of the High Council of the Judiciary over the judicial system, including the Office of the Public Prosecutor.
The Constitutional Court
(Articles 178-184)
Article (178)
Pursuant to this Constitution, a Constitutional Court shall be established to exercise its jurisdiction independently, and to preserve the legality of the work of the institutions of the State. The Court shall consist of nine judges, whose term of office shall be nine years and shall not be renewable or extendable.
The Council of Ministers shall nominate judicial candidates, to be appointed by the President of the State and then approved by the House of Representatives the members of the Constitutional Court shall be appointed by the President of the State on the proposal of the Council of Ministers and the approval of the House of Representatives. The Court shall establish its own rules of organization and operation.
Article (179)
The Constitutional Court judges shall elect, amongst them as president of the court for a three-year term of office.
Before commencement of their constitutional powers, the President of the Court and the judges at the Constitutional Court shall take the legal oath before the President of the State, the Speaker of the House of Representatives and the President of the High Council of the Judiciary jointly:
Article (180)
A judge of the Constitutional Court shall not assume any other employment or conduct any commercial, political, or partisan activity. Shall the judge be a member of a political party, he shall terminate that membership prior to taking the legal oath.
Article (181)
Membership of the Constitutional Court shall terminate:
- At the end of a judge’s term of office as provided by this Constitution;
- By voluntary resignation;
- By loss of any of conditions of eligibility to membership; or
- By judicial conviction for a criminal offense.
A successor shall be appointed not more than one month of the position becoming vacant.
Article (182)
Pursuant to a request from the President of the State, the Prime Minister, Speaker of the House of Representatives, ten members of the House of Representatives, Court of Appeal, Court of Cassation, Supreme Court of Justice and the Chief Public Prosecutor, the Constitutional Court shall examine the conformity of the following matters with this Constitution:
- Laws, (prior to being promulgated before their promulgation, may be referred to the Constitutional Court, which shall rule on their conformity with the Constitution. This referral shall be made in less than thirty days from transmitting these laws to the President of the State for accreditation and promulgation;
- Deciding disputes related to the conformity with the Constitution of laws, ordinances, regulations, measures and decisions issued or taken by the President of the State or the Council of Ministers, which have the force of law;
- Interpretation of constitutional texts when a dispute arises over the rights, duties, or competencies of the three public authorities, and when a dispute on competence arises between the President of the State and the Prime Minister;
- Deciding disputes related to the programs and activities of political parties and associations, their dissolution and suspension procedures, and their conformity with the Constitution;
- The conformity with the Constitution of signing treaties and the procedures for their implementation, and deciding nullity of the law or parts thereof, when violates the Constitution or an international treaty; and
- Any other competence assigned to it by this Constitution.
Article (183)
The Constitutional Court shall render void or end the effectiveness of the law, regulation, ordinance or measure not conform with the Constitution, in accordance with the law governing its operation.
Article (184)
Decisions of the Constitutional Court shall be final. It shall not be contested under any kind of review (in any manner). The decisions shall be binding to all public authorities and persons.
CHAPTER FOUR
CONCLUDING PROVISIONS
(Articles 185-190)
Article (185)
This Constitution shall be called the “Constitution of Palestine”; it shall be based on the will of the Palestinian people.
Prior to the establishment of the Independent State, the Palestine National Council of the Palestine Liberation Organization shall approve this Constitution. In case of the inability of the Council to convene, the Palestine Central Council of the Palestine Liberation Organization shall approve this Constitution.
Upon establishing the Independent State of Palestine, and promptly after the first general elections, the first House of Representatives, by consent of two-third majority of the total of its membership, shall have the authority to give the final approval to this Constitution. The House, by majority of the total of its membership, may decide on submitting this Constitution by Referendum to the decision of the people. If a majority of the votes cast at such Referendum shall have been cast in favor of its enactment, this Constitution shall be of full force and effect as the official vote results declared.
Article (186)
The President of the State, the Prime Minister or one-third of the members of the House of Representatives may propose to initiate amendment of any provision of this Constitution by way of variation, addition, or repeal.
In all cases, every proposal shall not be formally valid without consent of a two-thirds majority of the total membership of the House of Representatives. If such majority is not obtained, no more proposals for amendment shall be initiated before the expiry of one-year duration. The House of Representatives shall discuss the subject of the proposal of amendment in no more than sixty-days after the formal validity of such proposal. The amendment shall be approved by two-third majority of the total membership of the House.
The House, by majority of the total of its membership, may decide on submitting the amendment by Referendum to the decision of the people. If a majority of the votes cast at such Referendum shall have been cast in favor of its enactment, this amendment shall be of full force and effect as the official vote results declared.
Article (187)
Subject to this Constitution, and to the extent to which they are not inconsistent therewith, all laws, regulations, resolutions, agreements and treaties in force immediately prior to the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended in accordance with the law.
Article (188)
The legislative authority shall prepare and approve the draft laws necessary to set up legal and administrative structures for implementing the provisions of this Constitution and its requirements, and to establish those institutions created herein not more than six months after the Constitution is becoming of full force and effect.
Article (189)
Public institutions shall continue to exercise their powers according to the constitutional and legal rules governing its functions until the necessary legislation is set up, as demanded in this Constitution.
Article (190)
The Basic Law promulgated on May 29, 2002, and anything contrary to the provisions of this Constitution shall be and are hereby repealed.
Issued in the city of _____________ on ___ / ___ / 2003 AD
Corresponding to ___ / ___ / 1424 A.H. [Hejira year]
Source: Palestinian Authority, Ministry of Foreign Affairs, http://www.mopic.gov.ps/constitution/english%20constitution.asp.
UN Security Council Resolution 1506
The UN Security Council adopted Resolution 1506 by a vote of 13 in favor, none opposed, and 2 abstentions (France, United States), on September 12, 2003, to lift sanctions imposed on Libya after the 1988 bombing of Pan Am 103 and 1989 bombing of UTA 772.
The Security Council,
Recalling its resolutions 731 (1992) of 21 January 1992, 748 (1992) of 31 March 1992, 883 (1993) of 11 November 1993 and 1192 (1998) of 27 August 1998, relating to the destruction of Pan Am flight 103 over Lockerbie, Scotland, and the destruction of Union de transports aeriens flight 772 over Niger,
Recalling the statement by its President on 8 April 1999 (S/PRST/1999/10),
Welcoming the letter to the President of the Council dated 15 August 2003 from the Chargé d’affaires a.i. of the Permanent Mission of the Libyan Arab Jamahiriya, recounting steps the Libyan Government has taken to comply with the above-mentioned resolutions, particularly concerning acceptance of responsibility for the actions of Libyan officials, payment of appropriate compensation, renunciation of terrorism, and a commitment to cooperating with any further requests for information in connection with the investigation (S/2003/818),
Also welcoming the letter to the President of the Council dated 15 August 2003 from the Permanent Representatives of the United Kingdom and the United States of America (S/2003/819),
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to lift, with immediate effect, the measures set forth in paragraphs 4, 5 and 6 of its resolution 748 (1992) and paragraphs 3, 4, 5, 6 and 7 of its resolution 883 (1993);
2. Decides further to dissolve the Committee established by paragraph 9 of resolution 748 (1992);
3. Decides also that it has concluded its consideration of the item entitled “Letters dated 20 and 23 December 1991 from France, the United Kingdom of Great Britain and Northern Ireland and the United States of America” and hereby removes this item from the list of matters of which the Council is seized.
Law of Administration for the State of Iraq for the Transitional Period
The Transitional Administrative Law was signed by the Iraqi Governing Council on March 8, 2004, for the administration of Iraq until the ratification of a permanent constitution and creation of a constitutionally elected government. It took effect June 28, 2004, with the transfer of power from the Coalition Provisional Authority to an interim Iraqi government.
PREAMBLE
The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.
These people, affirming today their respect for international law, especially having been amongst the founders of the United Nations, working to reclaim their legitimate place among nations, have endeavored at the same time to preserve the unity of their homeland in a spirit of fraternity and solidarity in order to draw the features of the future new Iraq, and to establish the mechanisms aiming, amongst other aims, to erase the effects of racist and sectarian policies and practices.
This Law is now established to govern the affairs of Iraq during the transitional period until a duly elected government, operating under a permanent and legitimate constitution achieving full democracy, shall come into being.
CHAPTER ONE : FUNDAMENTAL PRINCIPLES
Article 1.
(A) This Law shall be called the “Law of Administration for the State of Iraq for the Transitional Period,” and the phrase “this Law” wherever it appears in this legislation shall mean the “Law of Administration for the State of Iraq for the Transitional Period.”
(B) Gender-specific language shall apply equally to male and female.
(C) The Preamble to this Law is an integral part of this Law.
Article 2.
(A) The term “transitional period” shall refer to the period beginning on 30 June 2004 and lasting until the formation of an elected Iraqi government pursuant to a permanent constitution as set forth in this Law, which in any case shall be no later than 31 December 2005, unless the provisions of Article 61 are applied.
(B) The transitional period shall consist of two phases.
(1) The first phase shall begin with the formation of a fully sovereign Iraqi Interim Government that takes power on 30 June 2004. This government shall be constituted in accordance with a process of extensive deliberations and consultations with cross-sections of the Iraqi people conducted by the Governing Council and the Coalition Provisional Authority and possibly in consultation with the United Nations. This government shall exercise authority in accordance with this Law, including the fundamental principles and rights specified herein, and with an annex that shall be agreed upon and issued before the beginning of the transitional period and that shall be an integral part of this Law.
(2) The second phase shall begin after the formation of the Iraqi Transitional Government, which will take place after elections for the National Assembly have been held as stipulated in this Law, provided that, if possible, these elections are not delayed beyond 31 December 2004, and, in any event, beyond 31 January 2005. This second phase shall end upon the formation of an Iraqi government pursuant to a permanent constitution.
Article 3.
(A) This Law is the Supreme Law of the land and shall be binding in all parts of Iraq without exception. No amendment to this Law may be made except by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council. Likewise, no amendment may be made that could abridge in any way the rights of the Iraqi people cited in Chapter Two; extend the transitional period beyond the timeframe cited in this Law; delay the holding of elections to a new assembly; reduce the powers of the regions or governorates; or affect Islam, or any other religions or sects and their rites.
(B) Any legal provision that conflicts with this Law is null and void.
(C) This Law shall cease to have effect upon the formation of an elected government pursuant to a permanent constitution.
Article 4.
The system of government in Iraq shall be republican, federal, democratic, and pluralistic, and powers shall be shared between the federal government and the regional governments, governorates, municipalities, and local administrations. The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession.
Article 5.
The Iraqi Armed Forces shall be subject to the civilian control of the Iraqi Transitional Government, in accordance with the contents of Chapters Three and Five of this Law.
Article 6.
The Iraqi Transitional Government shall take effective steps to end the vestiges of the oppressive acts of the previous regime arising from forced displacement, deprivation of citizenship, expropriation of financial assets and property, and dismissal from government employment for political, racial, or sectarian reasons.
Article 7.
(A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.
(B) Iraq is a country of many nationalities, and the Arab people in Iraq are an inseparable part of the Arab nation.
Article 8.
The flag, anthem, and emblem of the State shall be fixed by law.
Article 9.
The Arabic language and the Kurdish language are the two official languages of Iraq. The right of Iraqis to educate their children in their mother tongue, such as Turcoman, Syriac, or Armenian, in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, shall be guaranteed. The scope of the term “official language” and the means of applying the provisions of this Article shall be defined by law and shall include:
(1) Publication of the official gazette, in the two languages;
(2) Speech and expression in official settings, such as the National Assembly, the Council of Ministers, courts, and official conferences, in either of the two languages;
(3) Recognition and publication of official documents and correspondence in the two languages;
(4) Opening schools that teach in the two languages, in accordance with educational guidelines;
(5) Use of both languages in any other settings enjoined by the principle of equality (such as bank notes, passports, and stamps);
(6) Use of both languages in the federal institutions and agencies in the Kurdistan region.
CHAPTER TWO : FUNDAMENTAL RIGHTS
Article 10.
As an expression of the free will and sovereignty of the Iraqi people, their representatives shall form the governmental structures of the State of Iraq. The Iraqi Transitional Government and the governments of the regions, governorates, municipalities, and local administrations shall respect the rights of the Iraqi people, including those rights cited in this Chapter.
Article 11.
(A) Anyone who carries Iraqi nationality shall be deemed an Iraqi citizen. His citizenship shall grant him all the rights and duties stipulated in this Law and shall be the basis of his relation to the homeland and the State.
(B) No Iraqi may have his Iraqi citizenship withdrawn or be exiled unless he is a naturalized citizen who, in his application for citizenship, as established in a court of law, made material falsifications on the basis of which citizenship was granted.
(C) Each Iraqi shall have the right to carry more than one citizenship. Any Iraqi whose citizenship was withdrawn because he acquired another citizenship shall be deemed an Iraqi.
(D) Any Iraqi whose Iraqi citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Iraqi citizenship.
(E) Decision Number 666 (1980) of the dissolved Revolutionary Command Council is annuled, and anyone whose citizenship was withdrawn on the basis of this decree shall be deemed an Iraqi.
(F) The National Assembly must issue laws pertaining to citizenship and naturalization consistent with the provisions of this Law
(G) The Courts shall examine all disputes airising from the application of the provisions relating to citizenship.
Article 12.All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts.
Article 13.
(A) Public and private freedoms shall be protected.
(B) The right of free expression shall be protected.
(C) The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed.
(D) Each Iraqi has the right of free movement in all parts of Iraq and the right to travel abroad and return freely.
(E) Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law.
(F) Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.
(G) Slavery, the slave trade, forced labor, and involuntary servitude with or without pay, shall be forbidden.
(H) Each Iraqi has the right to privacy.
Article 14.
The individual has the right to security, education, health care, and social security. The Iraqi State and its governmental units, including the federal government, the regions, governorates, municipalities, and local administrations, within the limits of their resources and with due regard to other vital needs, shall strive to provide prosperity and employment opportunities to the people.
Article 15.
(A) No civil law shall have retroactive effect unless the law so stipulates. There shall be neither a crime, nor punishment, except by law in effect at the time the crime is committed.
(B) Police, investigators, or other governmental authorities may not violate the sanctity of private residences, whether these authorities belong to the federal or regional governments, governorates, municipalities, or local administrations, unless a judge or investigating magistrate has issued a search warrant in accordance with applicable law on the basis of information provided by a sworn individual who knew that bearing false witness would render him liable to punishment. Extreme exigent circumstances, as determined by a court of competent jurisdiction, may justify a warrantless search, but such exigencies shall be narrowly construed. In the event that a warrantless search is carried out in the absence of an extreme exigent circumstance, the evidence so seized, and any other evidence found derivatively from such search, shall be inadmissible in connection with a criminal charge, unless the court determines that the person who carried out the warrantless search believed reasonably and in good faith that the search was in accordance with the law.
(C) No one may be unlawfully arrested or detained, and no one may be detained by reason of political or religious beliefs.
(D) All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal. Notice of the proceeding and its legal basis must be provided to the accused without delay.
(E) The accused is innocent until proven guilty pursuant to law, and he likewise has the right to engage independent and competent counsel, to remain silent in response to questions addressed to him with no compulsion to testify for any reason, to participate in preparing his defense, and to summon and examine witnesses or to ask the judge to do so. At the time a person is arrested, he must be notified of these rights.
(F) The right to a fair, speedy, and open trial shall be guaranteed.
(G) Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner.
(H) After being found innocent of a charge, an accused may not be tried once again on the same charge.
(I) Civilians may not be tried before a military tribunal. Special or exceptional courts may not be established.
(J) Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment. No confession made under compulsion, torture, or threat thereof shall be relied upon or admitted into evidence for any reason in any proceeding, whether criminal or otherwise.
Article 16.
(A) Public property is sacrosanct, and its protection is the duty of every citizen.
(B) The right to private property shall be protected, and no one may be prevented from disposing of his property except within the limits of law. No one shall be deprived of his property except by eminent domain, in circumstances and in the manner set forth in law, and on condition that he is paid just and timely compensation.
(C) Each Iraqi citizen shall have the full and unfettered right to own real property in all parts of Iraq without restriction.
Article 17.
It shall not be permitted to possess, bear, buy, or sell arms except on licensure issued in accordance with the law.
Article 18.
There shall be no taxation or fee except by law.
Article 19.
No political refugee who has been granted asylum pursuant to applicable law may be surrendered or returned forcibly to the country from which he fled.
Article 20.
(A) Every Iraqi who fulfills the conditions stipulated in the electoral law has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections.
(B) No Iraqi may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy.
Article 21.
Neither the Iraqi Transitional Government nor the governments and administrations of the regions, governorates, and municipalities, nor local administrations may interfere with the right of the Iraqi people to develop the institutions of civil society, whether in cooperation with international civil society organizations or otherwise.
Article 22.
If, in the course of his work, an official of any government office, whether in the federal government, the regional governments, the governorate and municipal administrations, or the local administrations, deprives an individual or a group of the rights guaranteed by this Law or any other Iraqi laws in force, this individual or group shall have the right to maintain a cause of action against that employee to seek compensation for the damages caused by such deprivation, to vindicate his rights, and to seek any other legal measure. If the court decides that the official had acted with a sufficient degree of good faith and in the belief that his actions were consistent with the law, then he is not required to pay compensation.
Article 23.
The enumeration of the foregoing rights must not be interpreted to mean that they are the only rights enjoyed by the Iraqi people. They enjoy all the rights that befit a free people possessed of their human dignity, including the rights stipulated in international treaties and agreements, other instruments of international law that Iraq has signed and to which it has acceded, and others that are deemed binding upon it, and in the law of nations. Non-Iraqis within Iraq shall enjoy all human rights not inconsistent with their status as non-citizens.
CHAPTER THREE : THE IRAQI TRANSITIONAL GOVERNMENT
Article 24.
(A) The Iraqi Transitional Government, which is also referred to in this Law as the federal government, shall consist of the National Assembly; the Presidency Council; the Council of Ministers, including the Prime Minister; and the judicial authority.
(B) The three authorities, legislative, executive, and judicial, shall be separate and independent of one another.
(C) official or employee of the Iraqi Transitional Government shall enjoy immunity for criminal acts committed while in office.
Article 25.
The Iraqi Transitional Government shall have exclusive competence in the following matters:
(A) Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; formulating foreign economic and trade policy and sovereign debt policies;
(B) Formulating and executing national security policy, including creating and maintaining armed forces to secure, protect, and guarantee the security of the country’s borders and to defend Iraq;
(C) Formulating fiscal policy, issuing currency, regulating customs, regulating commercial policy across regional and governorate boundaries in Iraq, drawing up the national budget of the State, formulating monetary policy, and establishing and administering a central bank;
(D) Regulating weights and measures and formulating a general policy on wages;
(F) Regulating Iraqi citizenship, immigration, and asylum; and
(G) Regulating telecommunications policy.
Article 26.
(A) Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law.
(B) Legislation issued by the federal legislative authority shall supersede any other legislation issued by any other legislative authority in the event that they contradict each other, except as provided in Article 54(B).
(C) The laws, regulations, orders, and directives issued by the Coalition Provisional Authority pursuant to its authority under international law shall remain in force until rescinded or amended by legislation duly enacted and having the force of law.
Article 27.
(A) The Iraqi Armed Forces shall consist of the active and reserve units, and elements thereof. The purpose of these forces is the defense of Iraq.
(B) Armed forces and militias not under the command structure of the Iraqi Transitional Government are prohibited, except as provided by federal law.
(C) The Iraqi Armed Forces and its personnel, including military personnel working in the Ministry of Defense or any offices or organizations subordinate to it, may not stand for election to political office, campaign for candidates, or participate in other activities forbidden by Ministry of Defense regulations. This ban encompasses the activities of the personnel mentioned above acting in their personal or official capacities. Nothing in this Article shall infringe upon the right of these personnel to vote in elections.
(D) The Iraqi Intelligence Service shall collect information, assess threats to national security, and advise the Iraqi government. This Service shall be under civilian control, shall be subject to legislative oversight, and shall operate pursuant to law and in accordance with recognized principles of human rights.
(E) The Iraqi Transitional Government shall respect and implement Iraq’s international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons.
Article 28.
(A) Members of the National Assembly; the Presidency Council; the Council of Ministers, including the Prime Minister; and judges and justices of the courts may not be appointed to any other position in or out of government. Any member of the National Assembly who becomes a member of the Presidency Council or Council of Ministers shall be deemed to have resigned his membership in the National Assembly.
(B) In no event may a member of the armed forces be a member of the National Assembly, minister, Prime Minister, or member of the Presidency Council unless the individual has resigned his commission or rank, or retired from duty at least eighteen months prior to serving.
Article 29.
Upon the assumption of full authority by the Iraqi Interim Government in accordance with Article 2(B)(1), above, the Coalition Provisional Authority shall be dissolved and the work of the Governing Council shall come to an end.
CHAPTER FOUR : THE TRANSITIONAL LEGISLATIVE AUTHORITY
Article 30.
(A) During the transitional period, the State of Iraq shall have a legislative authority known as the National Assembly. Its principal mission shall be to legislate and exercise oversight over the work of the executive authority.
(B) Laws shall be issued in the name of the people of Iraq. Laws, regulations, and directives related to them shall be published in the official gazette and shall take effect as of the date of their publication, unless they stipulate otherwise.
(C) The National Assembly shall be elected in accordance with an electoral law and a political parties law. The electoral law shall aim to achieve the goal of having women constitute no less than one-quarter of the members of the National Assembly and of having fair representation for all communities in Iraq, including the Turcomans, ChaldoAssyrians, and others.
(D) Elections for the National Assembly shall take place by 31 December 2004 if possible, and in any case no later than by 31 January 2005.
Article 31.
(A) The National Assembly shall consist of 275 members. It shall enact a law dealing with the replacement of its members in the event of resignation, removal, or death.
(B) A nominee to the National Assembly must fulfill the following conditions:
(1) He shall be an Iraqi no less than 30 years of age.
(2) He shall not have been a member of the dissolved Ba`ath Party with the rank of Division Member or higher, unless exempted pursuant to the applicable legal rules.
(3) If he was once a member of the dissolved Ba`ath Party with the rank of Full Member, he shall be required to sign a document renouncing the Ba`ath Party and disavowing all of his past links with it before becoming eligible to be a candidate, as well as to swear that he no longer has any dealings or connection with Ba`ath Party organizations. If it is established in court that he lied or fabricated on this score, he shall lose his seat in the National Assembly.
(4) He shall not have been a member of the former agencies of repression and shall not have contributed to or participated in the persecution of citizens.
(5) He shall not have enriched himself in an illegitimate manner at the expense of the homeland and public finance.
(6) He shall not have been convicted of a crime involving moral turpitude and shall have a good reputation.
(7) He shall have at least a secondary school diploma, or equivalent
(8) He shall not be a member of the armed forces at the time of his nomination.
Article 32.
(A) The National Assembly shall draw up its own internal procedures, and it shall sit in public session unless circumstances require otherwise, consistent with its internal procedures. The first session of the Assembly shall be chaired by its oldest member.
(B) The National Assembly shall elect, from its own members, a president and two deputy presidents of the National Assembly. The president of the National Assembly shall be the individual who receives the greatest number of votes for that office; the first deputy president the next highest; and the second deputy president the next. The president of the National Assembly may vote on an issue, but may not participate in the debates, unless he temporarily steps out of the chair immediately prior to addressing the issue.
(C) A bill shall not be voted upon by the National Assembly unless it has been read twice at a regular session of the Assembly, on condition that at least two days intervene between the two readings, and after the bill has been placed on the agenda of the session at least four days prior to the vote.
Article 33.
(A) Meetings of the National Assembly shall be public, and transcripts of its meetings shall be recorded and published. The vote of every member of the National Assembly shall be recorded and made public. Decisions in the National Assembly shall be taken by simple majority unless this Law stipulates otherwise.
(B) The National Assembly must examine bills proposed by the Council of Ministers, including budget bills.
(C) Only the Council of Ministers shall have the right to present a proposed national budget. The National Assembly has the right to reallocate proposed spending and to reduce the total amounts in the general budget. It also has the right to propose an increase in the overall amount of expenditures to the Council of Ministers if necessary.
(D) Members of the National Assembly shall have the right to propose bills, consistent with the internal procedures that drawn up by the Assembly.
(E) The Iraqi Armed Forces may not be dispatched outside Iraq even for the purpose of defending against foreign aggression except with the approval of the National Assembly and upon the request of the Presidency Council.
(F) Only the National Assembly shall have the power to ratify international treaties and agreements.
(G) The oversight function performed by the National Assembly and its committees shall include the right of interpellation of executive officials, including members of the Presidency Council, the Council of Ministers, including the Prime Minister, and any less senior official of the executive authority. This shall encompass the right to investigate, request information, and issue subpoenas for persons to appear before them.
Article 34.
Each member of the National Assembly shall enjoy immunity for statements made while the Assembly is in session, and the member may not be sued before the courts for such. A member may not be placed under arrest during a session of the National Assembly, unless the member is accused of a crime and the National Assembly agrees to lift his immunity or if he is caught in flagrante delicto in the commission of a felony.
CHAPTER FIVE : THE TRANSITIONAL EXECUTIVE AUTHORITY
Article 35.
The executive authority during the transitional period shall consist of the Presidency Council, the Council of Ministers, and its presiding Prime Minister.
Article 36.
(A) The National Assembly shall elect a President of the State and two Deputies. They shall form the Presidency Council, the function of which will be to represent the sovereignty of Iraq and oversee the higher affairs of the country. The election of the Presidency Council shall take place on the basis of a single list and by a two-thirds majority of the members’ votes. The National Assembly has the power to remove any member of the Presidency Council of the State for incompetence or lack of integrity by a three-fourths majority of its members’ votes. In the event of a vacancy in the Presidency Council, the National Assembly shall, by a vote of two-thirds of its members, elect a replacement to fill the vacancy.
(B) It is a prerequisite for a member of the Presidency Council to fulfill the same conditions as the members of the National Assembly, with the following observations:
(1) He must be at least forty years of age.
(2) He must possess a good reputation, integrity, and rectitude.
(3) If he was a member of the dissolved Ba`ath Party, he must have left the dissolved Party at least ten years before its fall.
(4) He must not have participated in repressing the intifada of 1991 or the Anfal campaign and must not have committed a crime against the Iraqi people.
(C) The Presidency Council shall take its decisions unanimously, and its members may not deputize others as proxies.
Article 37.
The Presidency Council may veto any legislation passed by the National Assembly, on condition that this be done within fifteen days after the Presidency Council is notified by the president of the National Assembly of the passage of such legislation. In the event of a veto, the legislation shall be returned to the National Assembly, which has the right to pass the legislation again by a two-thirds majority not subject to veto within a period not to exceed thirty days.
Article 38.
(A) The Presidency Council shall name a Prime Minister unanimously, as well as the members of the Council of Ministers upon the recommendation of the Prime Minister. The Prime Minister and Council of Ministers shall then seek to obtain a vote of confidence by simple majority from the National Assembly prior to commencing their work as a government. The Presidency Council must agree on a candidate for the post of Prime Minister within two weeks. In the event that it fails to do so, the responsibility of naming the Prime Minister reverts to the National Assembly. In that event, the National Assembly must confirm the nomination by a two-thirds majority. If the Prime Minister is unable to nominate his Council of Ministers within one month, the Presidency Council shall name another Prime Minister.
(B) The qualifications for Prime Minister must be the same as for the members of the Presidency Council except that his age must not be less than 35 years upon his taking office.
Article 39.
(A) The Council of Ministers shall, with the approval of the Presidency Council, appoint representatives to negotiate the conclusion of international treaties and agreements. The Presidency Council shall recommend passage of a law by the National Assembly to ratify such treaties and agreements.
(B) The Presidency Council shall carry out the function of commander-in-chief of the Iraqi Armed Forces only for ceremonial and protocol purposes. It shall have no command authority. It shall have the right to be briefed, to inquire, and to advise. Operationally, national command authority on military matters shall flow from the Prime Minister to the Minister of Defense to the military chain of command of the Iraqi Armed Forces.
(C) The Presidency Council shall, as more fully set forth in Chapter Six, below, appoint, upon recommendation of the Higher Juridical Council, the Presiding Judge and members of the Federal Supreme Court.
(D) The Council of Ministers shall appoint the Director-General of the Iraqi National Intelligence Service, as well as officers of the Iraqi Armed Forces at the rank of general or above. Such appointments shall be subject to confirmation by the National Assembly by simple majority of those of its members present.
Article 40.
(A) The Prime Minister and the ministers shall be responsible before the National Assembly, and this Assembly shall have the right to withdraw its confidence either in the Prime Minister or in the ministers collectively or individually. In the event that confidence in the Prime Minister is withdrawn, the entire Council of Ministers shall be dissolved, and Article 40(B), below, shall become operative.
(B) In the event of a vote of no confidence with respect to the entire Council of Ministers, the Prime Minister and Council of Ministers shall remain in office to carry out their functions for a period not to exceed thirty days, until the formation of a new Council of Ministers, consistent with Article 38, above.
Article 41.
The Prime Minister shall have day-to-day responsibility for the management of the government, and he may dismiss ministers with the approval of an simple majority of the National Assembly. The Presidency Council may, upon the recommendation of the Commission on Public Integrity after the exercise of due process, dismiss the Prime Minister or the ministers.
Article 42.
The Council of Ministers shall draw up rules of procedure for its work and issue the regulations and directives necessary to enforce the laws. It also has the right to propose bills to the National Assembly. Each ministry has the right, within its competence, to nominate deputy ministers, ambassadors, and other employees of special grade. After the Council of Ministers approves these nominations, they shall be submitted to the Presidency Council for ratification. All decisions of the Council of Ministers shall be taken by simple majority of those of its members present.
CHAPTER SIX : THE FEDERAL JUDICIAL AUTHORITY
Article 43.
(A) The judiciary is independent, and it shall in no way be administered by the executive authority, including the Ministry of Justice. The judiciary shall enjoy exclusive competence to determine the innocence or guilt of the accused pursuant to law, without interference from the legislative or executive authorities.
(B) All judges sitting in their respective courts as of 1 July 2004 will continue in office thereafter, unless removed from office pursuant to this Law.
(C) The National Assembly shall establish an independent and adequate budget for the judiciary.
(D) Federal courts shall adjudicate matters that arise from the application of federal laws. The establishment of these courts shall be within the exclusive competence of the federal government. The establishment of these courts in the regions shall be in consultation with the presidents of the judicial councils in the regions, and priority in appointing or transferring judges to these courts shall be given to judges resident in the region.
Article 44.
(A) A court called the Federal Supreme Court shall be constituted by law in Iraq.
(B) The jurisdiction of the Federal Supreme Court shall be as follows:
(1) Original and exclusive jurisdiction in legal proceedings between the Iraqi Transitional Government and the regional governments, governorate and municipal administrations, and local administrations.
(2) Original and exclusive jurisdiction, on the basis of a complaint from a claimant or a referral from another court, to review claims that a law, regulation, or directive issued by the federal or regional governments, the governorate or municipal administrations, or local administrations is inconsistent with this Law.
(3) Ordinary appellate jurisdiction of the Federal Supreme Court shall be defined by federal law.
(C) Should the Federal Supreme Court rule that a challenged law, regulation, directive, or measure is inconsistent with this Law, it shall be deemed null and void.
(D) The Federal Supreme Court shall create and publish regulations regarding the procedures required to bring claims and to permit attorneys to practice before it. It shall take its decisions by simple majority, except decisions with regard to the proceedings stipulated in Article 44(B)(1), which must be by a two-thirds majority. Decisions shall be binding. The Court shall have full powers to enforce its decisions, including the power to issue citations for contempt of court and the measures that flow from this.
(E) The Federal Supreme Court shall consist of nine members. The Higher Juridical Council shall, in consultation with the regional judicial councils, initially nominate no less than eighteen and up to twenty-seven individuals to fill the initial vacancies in the aforementioned Court. It will follow the same procedure thereafter, nominating three members for each subsequent vacancy that occurs by reason of death, resignation, or removal. The Presidency Council shall appoint the members of this Court and name one of them as its Presiding Judge. In the event an appointment is rejected, the Higher Juridical Council shall nominate a new group of three candidates.
Article 45.
A Higher Juridical Council shall be established and assume the role of the Council of Judges. The Higher Juridical Council shall supervise the federal judiciary and shall administer its budget. This Council shall be composed of the Presiding Judge of the Federal Supreme Court, the presiding judge and deputy presiding judges of the federal Court of Cassation, the presiding judges of the federal Courts of Appeal, and the presiding judge and two deputy presiding judges of each regional court of cassation. The Presiding Judge of the Federal Supreme Court shall preside over the Higher Juridical Council. In his absence, the presiding judge of the federal Court of Cassation shall preside over the Council.
Article 46.
(A) The federal judicial branch shall include existing courts outside the Kurdistan region, including courts of first instance; the Central Criminal Court of Iraq; Courts of Appeal; and the Court of Cassation, which shall be the court of last resort except as provided in Article 44 of this Law. Additional federal courts may be established by law. The appointment of judges for these courts shall be made by the Higher Juridical Council. This Law preserves the qualifications necessary for the appointment of judges, as defined by law.
(B) The decisions of regional and local courts, including the courts of the Kurdistan region, shall be final, but shall be subject to review by the federal judiciary if they conflict with this Law or any federal law. Procedures for such review shall be defined by law.
Article 47.
No judge or member of the Higher Juridical Council may be removed unless he is convicted of a crime involving moral turpitude or corruption or suffers permanent incapacity. Removal shall be on the recommendation of the Higher Juridical Council, by a decision of the Council of Ministers, and with the approval of the Presidency Council. Removal shall be executed immediately after issuance of this approval. A judge who has been accused of such a crime as cited above shall be suspended from his work in the judiciary until such time as the case arising from what is cited in this Article is adjudicated. No judge may have his salary reduced or suspended for any reason during his period of service.
CHAPTER SEVEN : THE SPECIAL TRIBUNAL AND NATIONAL COMMISSIONS
Article 48.
(A) The statute establishing the Iraqi Special Tribunal issued on 10 December 2003 is confirmed. That statute exclusively defines its jurisdiction and procedures, notwithstanding the provisions of this Law.
(B) No other court shall have jurisdiction to examine cases within the competence of the Iraqi Special Tribunal, except to the extent provided by its founding statute.
(C) The judges of the Iraqi Special Tribunal shall be appointed in accordance with the provisions of its founding statute.
Article 49.
(A) The establishment of national commissions such as the Commission on Public Integrity, the Iraqi Property Claims Commission, and the Higher National De-Ba`athification Commission is confirmed, as is the establishment of commissions formed after this Law has gone into effect. The members of these national commissions shall continue to serve after this Law has gone into effect, taking into account the contents of Article 51, below.
(B) The method of appointment to the national commissions shall be in accordance with law.
Article 50.
The Iraqi Transitional Government shall establish a National Commission for Human Rights for the purpose of executing the commitments relative to the rights set forth in this Law and to examine complaints pertaining to violations of human rights. The Commission shall be established in accordance with the Paris Principles issued by the United Nations on the responsibilities of national institutions. This Commission shall include an Office of the Ombudsman to inquire into complaints. This office shall have the power to investigate, on its own initiative or on the basis of a complaint submitted to it, any allegation that the conduct of the governmental authorities is arbitrary or contrary to law.
Article 51.
No member of the Iraqi Special Tribunal or of any commission established by the federal government may be employed in any other capacity in or out of government. This prohibition is valid without limitation, whether it be within the executive, legislative, or judicial authority of the Iraqi Transitional Government. Members of the Special Tribunal may, however, suspend their employment in other agencies while they serve on the aforementioned Tribunal.
CHAPTER EIGHT : REGIONS, GOVERNORATES, AND MUNICIPALITIES
Article 52.
The design of the federal system in Iraq shall be established in such a way as to prevent the concentration of power in the federal government that allowed the continuation of decades of tyranny and oppression under the previous regime. This system shall encourage the exercise of local authority by local officials in every region and governorate, thereby creating a united Iraq in which every citizen actively participates in governmental affairs, secure in his rights and free of domination.
Article 53.
(A) The Kurdistan Regional Government is recognized as the official government of the territories that were administered by the that government on 19 March 2003 in the governorates of Dohuk, Arbil, Sulaimaniya, Kirkuk, Diyala and Neneveh. The term “Kurdistan Regional Government” shall refer to the Kurdistan National Assembly, the Kurdistan Council of Ministers, and the regional judicial authority in the Kurdistan region.
(B) The boundaries of the eighteen governorates shall remain without change during the transitional period.
(C) Any group of no more than three governorates outside the Kurdistan region, with the exception of Baghdad and Kirkuk, shall have the right to form regions from amongst themselves. The mechanisms for forming such regions may be proposed by the Iraqi Interim Government, and shall be presented and considered by the elected National Assembly for enactment into law. In addition to being approved by the National Assembly, any legislation proposing the formation of a particular region must be approved in a referendum of the people of the relevant governorates.
(D) This Law shall guarantee the administrative, cultural, and political rights of the Turcomans, ChaldoAssyrians, and all other citizens.
Article 54.
(A) The Kurdistan Regional Government shall continue to perform its current functions throughout the transitional period, except with regard to those issues which fall within the exclusive competence of the federal government as specified in this Law. Financing for these functions shall come from the federal government, consistent with current practice and in accordance with Article 25(E) of this Law. The Kurdistan Regional Government shall retain regional control over police forces and internal security, and it will have the right to impose taxes and fees within the Kurdistan region.
(B) With regard to the application of federal laws in the Kurdistan region, the Kurdistan National Assembly shall be permitted to amend the application of any such law within the Kurdistan region, but only to the extent that this relates to matters that are not within the provisions of Articles 25 and 43(D) of this Law and that fall within the exclusive competence of the federal government.
Article 55.
(A) Each governorate shall have the right to form a Governorate Council, name a Governor, and form municipal and local councils. No member of any regional government, governor, or member of any governorate, municipal, or local council may be dismissed by the federal government or any official thereof, except upon conviction of a crime by a court of competent jurisdiction as provided by law. No regional government may dismiss a Governor or member or members of any governorate, municipal, or local council. No Governor or member of any Governorate, municipal, or local council shall be subject to the control of the federal government except to the extent that the matter relates to the competences set forth in Article 25 and 43(D), above.
(B) Each Governor and member of each Governorate Council who holds office as of 1 July 2004, in accordance with the law on local government that shall be issued, shall remain in place until such time as free, direct, and full elections, conducted pursuant to law, are held, or, unless, prior to that time, he voluntarily gives up his position, is removed upon his conviction for a crime involving moral turpitude or related to corruption, or upon being stricken with permanent incapacity, or is dismissed in accordance with the law cited above. When a governor, mayor, or member of a council is dismissed, the relevant council may receive applications from any eligible resident of the governorate to fill the position. Eligibility requirements shall be the same as those set forth in Article 31 for membership in the National Assembly. The new candidate must receive a majority vote of the council to assume the vacant seat.
Article 56.
(A) The Governorate Councils shall assist the federal government in the coordination of federal ministry operations within the governorate, including the review of annual ministry plans and budgets with regard to activities in the governorate. Governorate Councils shall be funded from the general budget of the State, and these Councils shall also have the authority to increase their revenues independently by imposing taxes and fees; to organize the operations of the Governorate administration; to initiate and implement province-level projects alone or in partnership with international, and non-governmental organizations; and to conduct other activities insofar as is consistent with federal laws.
(B) The Qada’ and Nahiya councils and other relevant councils shall assist in the performance of federal responsibilities and the delivery of public services by reviewing local ministry plans in the afore-mentioned places; ensuring that they respond properly to local needs and interests; identifying local budgetary requirements through the national budgeting procedures; and collecting and retaining local revenues, taxes, and fees; organizing the operations of the local administration; initiating and implementing local projects alone or in conjunction with international, and non-governmental organizations; and conducting other activities consistent with applicable law.
(C) Where practicable, the federal government shall take measures to devolve additional functions to local, governorate, and regional administrations, in a methodical way. Regional units and governorate administrations, including the Kurdistan Regional Government, shall be organized on the basis of the principle of de-centralization and the devolution of authorities to municipal and local governments.
Article 57.
(A) All authorities not exclusively reserved to the Iraqi Transitional Government may be exercised by the regional governments and governorates as soon as possible following the establishment of appropriate governmental institutions.
(B) Elections for governorate councils throughout Iraq and for the Kurdistan National Assembly shall be held at the same time as the elections for the National Assembly, no later than 31 January 2005.
Article 58.
(A) The Iraqi Transitional Government, and especially the Iraqi Property Claims Commission and other relevant bodies, shall act expeditiously to take measures to remedy the injustice caused by the previous regime’s practices in altering the demographic character of certain regions, including Kirkuk, by deporting and expelling individuals from their places of residence, forcing migration in and out of the region, settling individuals alien to the region, depriving the inhabitants of work, and correcting nationality. To remedy this injustice, the Iraqi Transitional Government shall take the following steps:
(1) With regard to residents who were deported, expelled, or who emigrated; it shall, in accordance with the statute of the Iraqi Property Claims Commission and other measures within the law, within a reasonable period of time, restore the residents to their homes and property, or, where this is unfeasible, shall provide just compensation.
(2) With regard to the individuals newly introduced to specific regions and territories, it shall act in accordance with Article 10 of the Iraqi Property Claims Commission statute to ensure that such individuals may be resettled, may receive compensation from the state, may receive new land from the state near their residence in the governorate from which they came, or may receive compensation for the cost of moving to such areas.
(3) With regard to persons deprived of employment or other means of support in order to force migration out of their regions and territories, it shall promote new employment opportunities in the regions and territories.
(4) With regard to nationality correction, it shall repeal all relevant decrees and shall permit affected persons the right to determine their own national identity and ethnic affiliation free from coercion and duress.
(B) The previous regime also manipulated and changed administrative boundaries for political ends. The Presidency Council of the Iraqi Transitional Government shall make recommendations to the National Assembly on remedying these unjust changes in the permanent constitution. In the event the Presidency Council is unable to agree unanimously on a set of recommendations, it shall unanimously appoint a neutral arbitrator to examine the issue and make recommendations. In the event the Presidency Council is unable to agree on an arbitrator, it shall request the Secretary General of the United Nations to appoint a distinguished international person to be the arbitrator.
(C) The permanent resolution of disputed territories, including Kirkuk, shall be deferred until after these measures are completed, a fair and transparent census has been conducted and the permanent constitution has been ratified This resolution shall be consistent with the principle of justice, taking into account the will of the people of those territories.
CHAPTER NINE : THE TRANSITIONAL PERIOD
Article 59.
(A) The permanent constitution shall contain guarantees to ensure that the Iraqi Armed Forces are never again used to terrorize or oppress the people of Iraq.
(B) Consistent with Iraq’s status as a sovereign state, and with its desire to join other nations in helping to maintain peace and security and fight terrorism during the transitional period, the Iraqi Armed Forces will be a principal partner in the multi-national force operating in Iraq under unified command pursuant to the provisions of United Nations Security Council Resolution 1511 (2003) and any subsequent relevant resolutions. This arrangement shall last until the ratification of a permanent constitution and the election of a new government pursuant to that new constitution.
(C) Upon its assumption of authority, and consistent with Iraq’s status as a sovereign state, the elected Iraqi Transitional Government shall have the authority to conclude binding international agreements regarding the activities of the multi-national force operating in Iraq under unified command pursuant to the terms of United Nations Security Council Resolution 1511 (2003), and any subsequent relevant United Nations Security Council resolutions. Nothing in this Law shall affect rights and obligations under these agreements, or under United Nations Security Council Resolution 1511 (2003), and any subsequent relevant United Nations Security Council resolutions, which will govern the multi-national force’s activities pending the entry into force of these agreements.
Article 60.
The National Assembly shall write a draft of the permanent constitution of Iraq. This Assembly shall carry out this responsibility in part by encouraging debate on the constitution through regular general public meetings in all parts of Iraq and through the media, and receiving proposals from the citizens of Iraq as it writes the constitution.
Article 61.
(A) The National Assembly shall write the draft of the permanent constitution by no later than 15 August 2005.
(B) The draft permanent constitution shall be presented to the Iraqi people for approval in a general referendum to be held no later than 15 October 2005. In the period leading up to the referendum, the draft constitution shall be published and widely distributed to encourage a public debate about it among the people.
(C) The general referendum will be successful and the draft constitution ratified if a majority of the voters in Iraq approve and if two-thirds of the voters in three or more governorates do not reject it.
(D) If the permanent constitution is approved in the referendum, elections for a permanent government shall be held no later than 15 December 2005 and the new government shall assume office no later than 31 December 2005.
(E) If the referendum rejects the draft permanent constitution, the National Assembly shall be dissolved. Elections for a new National Assembly shall be held no later than 15 December 2005. The new National Assembly and new Iraqi Transitional Government shall then assume office no later than 31 December 2005, and shall continue to operate under this Law, except that the final deadlines for preparing a new draft may be changed to make it possible to draft a permanent constitution within a period not to exceed one year. The new National Assembly shall be entrusted with writing another draft permanent constitution.
(F) If necessary, the president of the National Assembly, with the agreement of a majority of the members’ votes, may certify to the Presidency Council no later than 1 August 2005 that there is a need for additional time to complete the writing of the draft constitution. The Presidency Council shall then extend the deadline for writing the draft constitution for only six months. This deadline may not be extended again.
(G) If the National Assembly does not complete writing the draft permanent constitution by 15 August 2005 and does not request extension of the deadline in Article 61(D) above, the provisions of Article 61(E), above, shall be applied.
Article 62.
This law shall remain in effect until the permanent constitution is issued and the new Iraqi government is formed in accordance with it.
Source: Coalition Provisional Authority in Iraq
In the early 2000s, the government of Israeli prime minister Ariel Sharon proposed a unilateral withdrawal of settlers and soldiers from the Gaza Strip and four settlements in the northern West Bank. The full text is available at www.miftah.org. This addendum was released June 6, 2004.
1. Background—Political and Security Implications
The State of Israel is committed to the peace process and aspires to reach an agreed resolution of the conflict based upon the vision of US President George Bush.
The State of Israel believes that it must act to improve the current situation. The State of Israel has come to the conclusion that there is currently no reliable Palestinian partner with which it can make progress in a two-sided peace process. Accordingly, it has developed a plan of revised disengagement (hereinafter – the plan), based on the following considerations:
. The stalemate dictated by the current situation is harmful. In order to break out of this stalemate, the State of Israel is required to initiate moves not dependent on Palestinian cooperation.
. The purpose of the plan is to lead to a better security, political, economic and demographic situation.
. In any future permanent status arrangement, there will be no Israeli towns and villages in the Gaza Strip. On the other hand, it is clear that in the West Bank, there are areas which will be part of the State of Israel, including major Israeli population centers, cities, towns and villages, security areas and other places of special interest to Israel.
. The State of Israel supports the efforts of the United States, operating alongside the international community, to promote the reform process, the construction of institutions and the improvement of the economy and welfare of the Palestinian residents, in order that a new Palestinian leadership will emerge and prove itself capable of fulfilling its commitments under the Roadmap.
. Relocation from the Gaza Strip and from an area in Northern Samaria should reduce friction with the Palestinian population.
. The completion of the plan will serve to dispel the claims regarding Israel's responsibility for the Palestinians in the Gaza Strip.
. The process set forth in the plan is without prejudice to the relevant agreements between the State of Israel and the Palestinians. Relevant arrangements shall continue to apply.
. International support for this plan is widespread and important. This support is essential in order to bring the Palestinians to implement in practice their obligations to combat terrorism and effect reforms as required by the Roadmap, thus enabling the parties to return to the path of negotiation.
2. Main Elements
A. The process:
The required preparatory work for the implementation of the plan will be carried out (including staff work to determine criteria, definitions, evaluations, and preparations for required legislation).
Immediately upon completion of the preparatory work, a discussion will be held by the Government in order to make a decision concerning the relocation of settlements, taking into consideration the circumstances prevailing at that time – whether or not to relocate, and which settlements.
The towns and villages will be classified into four groups, as follows:
1) Group A – Morag, Netzarim, Kfar Darom
2) Group B – the villages of Northern Samaria (Ganim, Kadim, Sa-Nur and Homesh).
3) Group C – the towns and villages of Gush Katif
4) Group D – the villages of the Northern Gaza Strip (Elei Sinai, Dugit and Nissanit)
It is clarified that, following the completion of the aforementioned preparations, the Government will convene periodically in order to decide separately on the question of whether or not to relocate, with respect to each of the aforementioned groups.
3. The continuation of the aforementioned process is subject to the resolutions that the Government will pass, as mentioned above in Article 2, and will be implemented in accordance with the content of those resolutions.
3.1 The Gaza Strip
1) The State of Israel will evacuate the Gaza Strip, including all existing Israeli towns and villages, and will redeploy outside the Strip. This will not include military deployment in the area of the border between the Gaza Strip and Egypt ("the Philadelphi Route") as detailed below.
2) Upon completion of this process, there shall no longer be any permanent presence of Israeli security forces in the areas of Gaza Strip territory which have been evacuated.
3.2 The West Bank
3) The State of Israel will evacuate an area in Northern Samaria (Ganim, Kadim, Sa-Nur and Homesh), and all military installations in this area, and will redeploy outside the vacated area.
4) Upon completion of this process, there shall no longer be any permanent presence of Israeli security forces in this area.
5) The move will enable territorial contiguity for Palestinians in the Northern Samaria area.
6) The State of Israel will assist, together with the international community, in improving the transportation infrastructure in the West Bank in order to facilitate the contiguity of Palestinian transportation.
7) The process will facilitate normal life and Palestinian economic and commercial activity in the West Bank.
3.3 The intention is to complete the planned relocation process by the end of 2005.
B. The Security Fence:
The State of Israel will continue building the Security Fence, in accordance with the relevant decisions of the Government. The route will take into account humanitarian considerations.
3. Security Situation Following the Relocation
. The Gaza Strip:
1) The State of Israel will guard and monitor the external land perimeter of the Gaza Strip, will continue to maintain exclusive authority in Gaza air space, and will continue to exercise security activity in the sea off the coast of the Gaza Strip.
2) The Gaza Strip shall be demilitarized and shall be devoid of weaponry, the presence of which does not accord with the Israeli-Palestinian agreements.
3) The State of Israel reserves its fundamental right of self-defense, both preventive and reactive, including where necessary the use of force, in respect of threats emanating from the Gaza Strip.
. The West Bank:
1) Upon completion of the evacuation of the Northern Samaria area, no permanent Israeli military presence will remain in this area.
2) The State of Israel reserves its fundamental right of self-defense, both preventive and reactive, including where necessary the use of force, in respect of threats emanating from the Northern Samaria area.
3) In other areas of the West Bank, current security activity will continue. However, as circumstances require, the State of Israel will consider reducing such activity in Palestinian cities.
4) The State of Israel will work to reduce the number of internal checkpoints throughout the West Bank.
4. Military Installations and Infrastructure in the Gaza Strip and Northern Samaria
In general, these will be dismantled and evacuated, with the exception of those which the State of Israel decides to transfer to another party.
5. Security Assistance to the Palestinians
The State of Israel agrees that by coordination with it, advice, assistance and training will be provided to the Palestinian security forces for the implementation of their obligations to combat terrorism and maintain public order, by American, British, Egyptian, Jordanian or other experts, as agreed therewith.
No foreign security presence may enter the Gaza Strip and/or the West Bank without being coordinated with and approved by the State of Israel.
6. The Border Area Between the Gaza Strip and Egypt (Philadelphi Route)
The State of Israel will continue to maintain a military presence along the border between the Gaza Strip and Egypt (Philadelphi Route). This presence is an essential security requirement. At certain locations, security considerations may require some widening of the area in which the military activity is conducted.
Subsequently, the evacuation of this area will be considered. Evacuation of the area will be dependent, inter alia, on the security situation and the extent of cooperation with Egypt in establishing a reliable alternative arrangement.
If and when conditions permit the evacuation of this area, the State of Israel will be willing to consider the possibility of the establishment of a seaport and airport in the Gaza Strip, in accordance with arrangements to be agreed with Israel.
In general, residential dwellings and sensitive structures, including synagogues, will not remain. The State of Israel will aspire to transfer other facilities, including industrial, commercial and agricultural ones, to a third, international party which will put them to use for the benefit of the Palestinian population that is not involved in terror.
The area of the Erez industrial zone will be transferred to the responsibility of an agreed upon Palestinian or international party.
The State of Israel will explore, together with Egypt, the possibility of establishing a joint industrial zone on the border of the Gaza Strip, Egypt and Israel.
8. Civil Infrastructure and Arrangements
Infrastructure relating to water, electricity, sewage and telecommunications will remain in place.
In general, Israel will continue, for full price, to supply electricity, water, gas and petrol to the Palestinians, in accordance with current arrangements.
Other existing arrangements, such as those relating to water and the electro-magnetic sphere shall remain in force.
9. Activity of Civilian International Organizations
The State of Israel recognizes the great importance of the continued activity of international humanitarian organizations and others engaged in civil development, assisting the Palestinian population.
The State of Israel will coordinate with these organizations arrangements to facilitate their activities.
The State of Israel proposes that an international apparatus be established (along the lines of the AHLC), with the agreement of Israel and international elements which will work to develop the Palestinian economy.
10. Economic Arrangements
In general, the economic arrangements currently in operation between the State of Israel and the Palestinians shall remain in force. These arrangements include, inter alia:
. The entry and exit of goods between the Gaza Strip, the West Bank, the State of Israel and abroad.
. The monetary regime.
. Tax and customs envelope arrangements.
. Postal and telecommunications arrangements.
. The entry of workers into Israel, in accordance with the existing criteria.
In the longer term, and in line with Israel’s interest in encouraging greater Palestinian economic independence, the State of Israel expects to reduce the number of Palestinian workers entering Israel, to the point that it ceases completely. The State of Israel supports the development of sources of employment in the Gaza Strip and in Palestinian areas of the West Bank, by international elements.
11. International Passages
a. The International Passage Between the Gaza Strip and Egypt
1) The existing arrangements shall continue.
2) The State of Israel is interested in moving the passage to the "three borders" area, south of its current location. This would need to be effected in coordination with the Government of Egypt. This move would enable the hours of operation of the passage to be extended.
b. The International Passages Between the West Bank and Jordan:
The existing arrangements shall continue.
12. Erez Crossing Point
The Erez crossing point will be moved to a location within Israel in a time frame to be determined separately by the Government.
13. Conclusion
The goal is that implementation of the plan will lead to improving the situation and breaking the current deadlock. If and when there is evidence from the Palestinian side of its willingness, capability and implementation in practice of the fight against terrorism, full cessation of terrorism and violence and the institution of reform as required by the Road Map, it will be possible to return to the track of negotiation and dialogue.
UN Security Council Resolution 1546
The UN Security Council unanimously adopted Resolution 1546 on June 8, 2004, endorsing the formation of a sovereign interim government in Iraq and the end of occupation by June 30, 2004; determining the status of the multinational force and its relationship with the Iraqi government as well as the role of the United Nations in the political transition; and endorsing elections by the end of January 2005 and a timetable for the political transition leading to a constitutionally elected government by December 31, 2005.
The Security Council,
Welcoming the beginning of a new phase in Iraq’s transition to a democratically elected government, and looking forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq by 30 June 2004,
Recalling all of its previous relevant resolutions on Iraq,
Reaffirming the independence, sovereignty, unity, and territorial integrity of Iraq,
Reaffirming also the right of the Iraqi people freely to determine their own political future and control their own natural resources,
Recognizing the importance of international support, particularly that of countries in the region, Iraq’s neighbours, and regional organizations, for the people of Iraq in their efforts to achieve security and prosperity, and noting that the successful implementation of this resolution will contribute to regional stability,
Welcoming the efforts of the Special Adviser to the Secretary-General to assist the people of Iraq in achieving the formation of the Interim Government of Iraq, as set out in the letter of the Secretary-General of 7 June 2004 (S/2004/461),
Taking note of the dissolution of the Governing Council of Iraq, and welcoming the progress made in implementing the arrangements for Iraq’s political transition referred to in resolution 1511 (2003) of 16 October 2003,
Welcoming the commitment of the Interim Government of Iraq to work towards a federal, democratic, pluralist, and unified Iraq, in which there is full respect for political and human rights,
Stressing the need for all parties to respect and protect Iraq’s archaeological, historical, cultural, and religious heritage,
Affirming the importance of the rule of law, national reconciliation, respect for human rights including the rights of women, fundamental freedoms, and democracy including free and fair elections,
Recalling the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, and affirming that the United Nations should play a leading role in assisting the Iraqi people and government in the formation of institutions for representative government,
Recognizing that international support for restoration of stability and security is essential to the well-being of the people of Iraq as well as to the ability of all concerned to carry out their work on behalf of the people of Iraq, and welcoming Member State contributions in this regard under resolution 1483 (2003) of 22 May 2003 and resolution 1511 (2003),
Recalling the report provided by the United States to the Security Council on 16 April 2004 on the efforts and progress made by the multinational force,
Recognizing the request conveyed in the letter of 5 June 2004 from the Prime Minister of the Interim Government of Iraq to the President of the Council, which is annexed to this resolution, to retain the presence of the multinational force,
Recognizing also the importance of the consent of the sovereign Government of Iraq for the presence of the multinational force and of close coordination between the multinational force and that government,
Welcoming the willingness of the multinational force to continue efforts to contribute to the maintenance of security and stability in Iraq in support of the political transition, especially for upcoming elections, and to provide security for the United Nations presence in Iraq, as described in the letter of 5 June 2004 from the United States Secretary of State to the President of the Council, which is annexed to this resolution,
Noting the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to cooperate with relevant international organizations,
Affirming the importance of international assistance in reconstruction and development of the Iraqi economy,
Recognizing the benefits to Iraq of the immunities and privileges enjoyed by Iraqi oil revenues and by the Development Fund for Iraq, and noting the importance of providing for continued disbursements of this fund by the Interim Government of Iraq and its successors upon dissolution of the Coalition Provisional Authority,
Determining that the situation in Iraq continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Endorses the formation of a sovereign Interim Government of Iraq, as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq’s destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office as envisaged in paragraph four below;
2. Welcomes that, also by 30 June 2004, the occupation will end and the Coalition Provisional Authority will cease to exist, and that Iraq will reassert its full sovereignty;
3. Reaffirms the right of the Iraqi people freely to determine their own political future and to exercise full authority and control over their financial and natural resources;
4. Endorses the proposed timetable for Iraq’s political transition to democratic government including:
(a) formation of the sovereign Interim Government of Iraq that will assume governing responsibility and authority by 30 June 2004;
(b) convening of a national conference reflecting the diversity of Iraqi society; and
(c) holding of direct democratic elections by 31 December 2004 if possible, and in no case later than 31 January 2005, to a Transitional National Assembly, which will, inter alia, have responsibility for forming a Transitional Government of Iraq and drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 December 2005;
5. Invites the Government of Iraq to consider how the convening of an international meeting could support the above process, and notes that it would welcome such a meeting to support the Iraqi political transition and Iraqi recovery, to the benefit of the Iraqi people and in the interest of stability in the region;
6. Calls on all Iraqis to implement these arrangements peaceably and in full, and on all States and relevant organizations to support such implementation;
7. Decides that in implementing, as circumstances permit, their mandate to assist the Iraqi people and government, the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNAMI), as requested by the Government of Iraq, shall:
(a) play a leading role to:
(i) assist in the convening, during the month of July 2004, of a national conference to select a Consultative Council;
(ii) advise and support the Independent Electoral Commission of Iraq, as well as the Interim Government of Iraq and the Transitional National Assembly, on the process for holding elections;
(iii) promote national dialogue and consensus-building on the drafting of a national constitution by the people of Iraq;
(b) and also:
(i) advise the Government of Iraq in the development of effective civil and social services;
(ii) contribute to the coordination and delivery of reconstruction, development, and humanitarian assistance;
(iii) promote the protection of human rights, national reconciliation, and judicial and legal reform in order to strengthen the rule of law in Iraq; and
(iv) advise and assist the Government of Iraq on initial planning for the eventual conduct of a comprehensive census;
8. Welcomes ongoing efforts by the incoming Interim Government of Iraq to develop Iraqi security forces including the Iraqi armed forces (hereinafter referred to as “Iraqi security forces”), operating under the authority of the Interim Government of Iraq and its successors, which will progressively play a greater role and ultimately assume full responsibility for the maintenance of security and stability in Iraq;
9. Notes that the presence of the multinational force in Iraq is at the request of the incoming Interim Government of Iraq and therefore reaffirms the authorization for the multinational force under unified command established under resolution 1511 (2003), having regard to the letters annexed to this resolution;
10. Decides that the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq in accordance with the letters annexed to this resolution expressing, inter alia, the Iraqi request for the continued presence of the multinational force and setting out its tasks, including by preventing and deterring terrorism, so that, inter alia, the United Nations can fulfil its role in assisting the Iraqi people as outlined in paragraph seven above and the Iraqi people can implement freely and without intimidation the timetable and program for the political process and benefit from reconstruction and rehabilitation activities;
11. Welcomes, in this regard, the letters annexed to this resolution stating, inter alia, that arrangements are being put in place to establish a security partnership between the sovereign Government of Iraq and the multinational force and to ensure coordination between the two, and notes also in this regard that Iraqi security forces are responsible to appropriate Iraqi ministers, that the Government of Iraq has authority to commit Iraqi security forces to the multinational force to engage in operations with it, and that the security structures described in the letters will serve as the fora for the Government of Iraq and the multinational force to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between Iraqi security forces and the multinational force, through close coordination and consultation;
12. Decides further that the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or twelve months from the date of this resolution, and that this mandate shall expire upon the completion of the political process set out in paragraph four above, and declares that it will terminate this mandate earlier if requested by the Government of Iraq;
13. Notes the intention, set out in the annexed letter from the United States Secretary of State, to create a distinct entity under unified command of the multinational force with a dedicated mission to provide security for the United Nations presence in Iraq, recognizes that the implementation of measures to provide security for staff members of the United Nations system working in Iraq would require significant resources, and calls upon Member States and relevant organizations to provide such resources, including contributions to that entity;
14. Recognizes that the multinational force will also assist in building the capability of the Iraqi security forces and institutions, through a program of recruitment, training, equipping, mentoring, and monitoring;
15. Requests Member States and international and regional organizations to contribute assistance to the multinational force, including military forces, as agreed with the Government of Iraq, to help meet the needs of the Iraqi people for security and stability, humanitarian and reconstruction assistance, and to support the efforts of UNAMI;
16. Emphasizes the importance of developing effective Iraqi police, border enforcement, and the Facilities Protection Service, under the control of the Interior Ministry of Iraq, and, in the case of the Facilities Protection Service, other Iraqi ministries, for the maintenance of law, order, and security, including combating terrorism, and requests Member States and international organizations to assist the Government of Iraq in building the capability of these Iraqi institutions;
17. Condemns all acts of terrorism in Iraq, reaffirms the obligations of Member States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003) of 17 January 2003, and 1526 (2004) of 30 January 2004, and other relevant international obligations with respect, inter alia, to terrorist activities in and from Iraq or against its citizens, and specifically reiterates its call upon Member States to prevent the transit of terrorists to and from Iraq, arms for terrorists, and financing that would support terrorists, and re-emphasizes the importance of strengthening the cooperation of the countries of the region, particularly neighbours of Iraq, in this regard;
18. Recognizes that the Interim Government of Iraq will assume the primary role in coordinating international assistance to Iraq;
19. Welcomes efforts by Member States and international organizations to respond in support of requests by the Interim Government of Iraq to provide technical and expert assistance while Iraq is rebuilding administrative capacity;
20. Reiterates its request that Member States, international financial institutions and other organizations strengthen their efforts to assist the people of Iraq in the reconstruction and development of the Iraqi economy, including by providing international experts and necessary resources through a coordinated programme of donor assistance;
21. Decides that the prohibitions related to the sale or supply to Iraq of arms and related materiel under previous resolutions shall not apply to arms or related materiel required by the Government of Iraq or the multinational force to serve the purposes of this resolution, stresses the importance for all States to abide strictly by them, and notes the significance of Iraq’s neighbours in this regard, and calls upon the Government of Iraq and the multinational force each to ensure that appropriate implementation procedures are in place;
22. Notes that nothing in the preceding paragraph affects the prohibitions on or obligations of States related to items specified in paragraphs 8 and 12 of resolution 687 (1991) of 3 April 1991 or activities described in paragraph 3 (f) of resolution 707 (1991) of 15 August 1991, and reaffirms its intention to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency;
23. Calls on Member States and international organizations to respond to Iraqi requests to assist Iraqi efforts to integrate Iraqi veterans and former militia members into Iraqi society;
24. Notes that, upon dissolution of the Coalition Provisional Authority, the funds in the Development Fund for Iraq shall be disbursed solely at the direction of the Government of Iraq, and decides that the Development Fund for Iraq shall be utilized in a transparent and equitable manner and through the Iraqi budget including to satisfy outstanding obligations against the Development Fund for Iraq, that the arrangements for the depositing of proceeds from export sales of petroleum, petroleum products, and natural gas established in paragraph 20 of resolution 1483 (2003) shall continue to apply, that the International Advisory and Monitoring Board shall continue its activities in monitoring the Development Fund for Iraq and shall include as an additional full voting member a duly qualified individual designated by the Government of Iraq and that appropriate arrangements shall be made for the continuation of deposits of the proceeds referred to in paragraph 21 of resolution 1483 (2003);
25. Decides further that the provisions in the above paragraph for the deposit of proceeds into the Development Fund for Iraq and for the role of the IAMB shall be reviewed at the request of the Transitional Government of Iraq or twelve months from the date of this resolution, and shall expire upon the completion of the political process set out in paragraph four above;
26. Decides that, in connection with the dissolution of the Coalition Provisional Authority, the Interim Government of Iraq and its successors shall assume the rights, responsibilities and obligations relating to the Oil-for-Food Programme that were transferred to the Authority, including all operational responsibility for the Programme and any obligations undertaken by the Authority in connection with such responsibility, and responsibility for ensuring independently authenticated confirmation that goods have been delivered, and further decides that, following a 120-day transition period from the date of adoption of this resolution, the Interim Government of Iraq and its successors shall assume responsibility for certifying delivery of goods under previously prioritized contracts, and that such certification shall be deemed to constitute the independent authentication required for the release of funds associated with such contracts, consulting as appropriate to ensure the smooth implementation of these arrangements;
27. Further decides that the provisions of paragraph 22 of resolution 1483 (2003) shall continue to apply, except that the privileges and immunities provided in that paragraph shall not apply with respect to any final judgement arising out of a contractual obligation entered into by Iraq after 30 June 2004;
28. Welcomes the commitments of many creditors, including those of the Paris Club, to identify ways to reduce substantially Iraq’s sovereign debt, calls on Member States, as well as internationa1 and regional organizations, to support the Iraq reconstruction effort, urges the international financial institutions and bilateral donors to take the immediate steps necessary to provide their full range of loans and other financial assistance and arrangements to Iraq, recognizes that the Interim Government of Iraq will have the authority to conclude and implement such agreements and other arrangements as may be necessary in this regard, and requests creditors, institutions and donors to work as a priority on these matters with the Interim Government of Iraq and its successors;
29. Recalls the continuing obligations of Member States to freeze and transfer certain funds, assets, and economic resources to the Development Fund for Iraq in accordance with paragraphs 19 and 23 of resolution 1483 (2003) and with resolution 1518 (2003) of 24 November 2003;
30. Requests the Secretary-General to report to the Council within three months from the date of this resolution on UNAMI operations in Iraq, and on a quarterly basis thereafter on the progress made towards national elections and fulfilment of all UNAMI’s responsibilities;
31. Requests that the United States, on behalf of the multinational force, report to the Council within three months from the date of this resolution on the efforts and progress of this force, and on a quarterly basis thereafter;
32. Decides to remain actively seized of the matter.
http://www.un.org/News/Press/docs/2004/sc8117.doc.htm
UN Security Council Resolution 1559
The UN Security Council adopted Resolution 1559 by a vote of 9 in favor, none against, with 6 abstentions, on September 2, 2004, reaffirming its call for the respect of Lebanese sovereignty and political independence.
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, resolution 520 (1982) of 17 September 1982, and resolution 1553 (2004) of 29 July 2004 as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),
Reiterating its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally territorially recognized borders,
Noting the determination of Lebanon to ensure the withdrawal of all non-Lebanese forces from Lebanon,
Gravely concerned at the continued presence of armed militias in Lebanon, which prevent the Lebanese government from exercising its full sovereignty over all Lebanese territory,
Reaffirming the importance of the extension of the control of the Government of Lebanon over all Lebanese territory,
Mindful of the upcoming Lebanese presidential elections and underlining the importance of free and fair elections according to Lebanese constitutional rules devised without foreign interference or influence,
1. Reaffirms its call for the strict respect of the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon;
2. Calls upon all remaining foreign forces to withdraw from Lebanon;
3. Calls for the disbanding and disarmament of all Lebanese and non-Lebanese militias;
4. Supports the extension of the control of the Government of Lebanon over all Lebanese territory;
5. Declares its support for a free and fair electoral process in Lebanon’s upcoming presidential election conducted according to Lebanese constitutional rules devised without foreign interference or influence;
6. Calls upon all parties concerned to cooperate fully and urgently with the Security Council for the full implementation of this and all relevant resolutions concerning the restoration of the territorial integrity, full sovereignty, and political independence of Lebanon;
7. Requests that the Secretary-General report to the Security Council within thirty days on the implementation by the parties of this resolution and decides to remain actively seized of this matter.”
Executive Order 12543 Terminating U.S. Sanctions against Libya
Executive Order 12543 signed September 20, 2004 by President George W. Bush lifted U.S. sanctions imposed on Libya over the years for its support of terrorist activities.
By the authority vested in me as President by the Constitution and the laws of
the United States of America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act,
as amended (22 U.S.C. 287c) (UNPA), sections 504 and 505 of the International
Security and Development Cooperation Act (22 U.S.C. 2349aa-8 and 2349aa-9),
section 40106 of title 49, United States Code, and section 301 of title 3,
United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that the
situation that gave rise to the declaration of a national emergency in Executive
Order 12543 of January 7, 1986, with respect to the policies and actions of the
Government of Libya, and that led to the steps taken in that order and in
Executive Order 12544 of January 8, 1986, and Executive Order 12801 of April 15,
1992, has been significantly altered by Libya's commitments and actions to
eliminate its weapons of mass destruction programs and its Missile Technology
Control Regime (MTCR) class missiles, and by other developments. Accordingly, I
hereby terminate the national emergency declared in Executive Order 12543, and
revoke that Executive Order, Executive Order 12544, and Executive Order 12801. I
also hereby revoke Executive Order 12538 of November 15, 1985, and further
order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)),
termination of the national emergency declared in Executive Order 12543 with
respect to the policies and actions of the Government of Libya shall not affect
any action taken or proceeding pending not finally concluded or determined as of
the effective date of this order, any action or proceeding based on any act
committed prior to such date, or any rights or duties that matured or penalties
that were incurred prior to such date.
Sec. 2. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
Sec. 3. (a) This order is effective at 12:01 a.m. eastern daylight time on
September 21, 2004.
(b) This order shall be transmitted to the Congress and published in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE, September 20, 2004.
http://usembassy.state.gov/mumbai/wwwhwashnews2561.html
The Director General has received a letter dated 26 November 2004 from the Permanent Representatives of France, Germany, the Islamic Republic of Iran and the United Kingdom, attaching the text of the agreement signed by the Governments of France, Germany, the United Kingdom of Great Britain and Northern Ireland with the support of the High Representative of the European Union, and the Islamic Republic of Iran, in Paris on 15 November 2004.
The letter and, as requested therein, the text of the agreement, is reproduced herewith for the information of Member States.
INFCIRC/637 Page 2
Permanent Mission of FrancePermanent Mission of Germany Permanent Mission of the Islamic Republic of IranPermanent Mission of the United Kingdom of Great Britain and Northern Ireland
Vienna, 26 November 2004
Excellency,
We have the honour to refer to the agreement that the Governments of France, Germany, the United Kingdom of Great Britain and Northern Ireland, with the support of the High Representative of the European Union, and the Islamic Republic of Iran signed on 15 November 2004.
We should like to request you to circulate the text of this agreement to all Member States as an Information Circular.
Please accept, Excellency, the assurances of our highest consideration.
Patrick Villemur Herbert Honsowitz Ambassador AmbassadorPermanent Representative of France Permanent Representative of Germany
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Pirooz Hosseini |
Peter Jenkins |
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Ambassador |
Ambassador |
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Permanent Representative of the Islamic |
Permanent Representative of the United |
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Republic of Iran |
Kingdom of Great Britain and Northern |
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Ireland |
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Dr. Mohamed ElBaradei |
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Director General |
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International Atomic Energy Agency |
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INFCIRC/637 Page 3
Agreement (Paris - 15th November 2004)
The Government of the Islamic Republic of Iran and the Governments of France, Germany and the United Kingdom, with the support of the High Representative of the European Union (E3/EU), reaffirm the commitments in the Tehran Agreed Statement of 21 October 2003 and have decided to move forward, building on that agreement.
The E3/EU and Iran reaffirm their commitment to the NPT.
The E3/EU recognise Iran's rights under the NPT exercised in conformity with its obligations under the Treaty, without discrimination.
Iran reaffirms that, in accordance with Article II of the NPT, it does not and will not seek to acquire nuclear weapons. It commits itself to full cooperation and transparency with the IAEA. Iran will continue implementing voluntarily the Additional Protocol pending ratification.
To build further confidence, Iran has decided, on a voluntary basis, to continue and extend its suspension to include all enrichment related and reprocessing activities, and specifically: the manufacture and import of gas centrifuges and their components; the assembly, installation, testing or operation of gas centrifuges; work to undertake any plutonium separation, or to construct or operate any plutonium separation installation; and all tests or production at any uranium conversion installation. The IAEA will be notified of this suspension and invited to verify and monitor it. The suspension will be implemented in time for the IAEA to confirm before the November Board that it has been put into effect. The suspension will be sustained while negotiations proceed on a mutually acceptable agreement on long-term arrangements.
The E3/EU recognize that this suspension is a voluntary confidence building measure and not a legal obligation.
INFCIRC/637 Page 4
Sustaining the suspension, while negotiations on a long-term agreement are under way, will be essential for the continuation of the overall process. In the context of this suspension, the E3/EU and Iran have agreed to begin negotiations, with a view to reaching a mutually acceptable agreement on long term arrangements. The agreement will provide objective guarantees that Iran's nuclear programme is exclusively for peaceful purposes. It will equally provide firm guarantees on nuclear, technological and economic cooperation and firm commitments on security issues.
A steering committee will meet to launch these negotiations in the first half of December 2004 and will set up working groups on political and security issues, technology and cooperation, and nuclear issues. The steering committee shall meet again within three months to receive progress reports from the working groups and to move ahead with projects and/or measures that can be implemented in advance of an overall agreement.
In the context of the present agreement and noting the progress that has been made in resolving outstanding issues, the E3/EU will henceforth support the Director General reporting to the IAEA Board as he considers appropriate in the framework of the implementation of Iran's Safeguards Agreement and Additional Protocol.
The E3/EU will support the IAEA Director General inviting Iran to join the Expert Group on Multilateral Approaches to the Nuclear Fuel Cycle.
Once suspension has been verified, the negotiations with the EU on a Trade and Cooperation Agreement will resume. The E3/EU will actively support the opening of Iranian accession negotiations at the WTO.
Irrespective of progress on the nuclear issue, the E3/EU and Iran confirm their determination to combat terrorism, including the activities of Al Qa'ida and other terrorist groups such as the MeK. They also confirm their continued support for the political process in Iraq aimed at establishing a constitutionally elected Government.