Negotiations Primer 2011
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Transcript of Negotiations Primer 2011
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Table of ConTenTs I. Introduction. History
III. Gaza: Occupation by Siege
IV. Our Vision o Peace
V. Permanent Status Issues
a. Jerusalem b. Settlements
c. Borders and Related Issues
d. Water
e. Reugees
f. Political Prisoners, Missing Persons and the Remains o Fallen Person
g. Issues Between the State o Palestine and the State o Israel
h. Economic and Trade Relations, Monetary Aairs
i. Resolving All ClaimsVI. Conclusion
VII. Annex: Frequently Asked Questions on Camp David
5
6
10
14
16
16
20
24
26
30
34
36
37
41
44
45
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negoTiaTions Prim
. inTroduCTion
For over 60 years, we have suered through war and occupation. Seventy percent
o our people are reugees, many still living in camps waiting or the day when they
will return to their homes. In the West Bank, we live in constant humiliation, as we
cross through checkpoints and endure the continued colonization o our land. And,
in Gaza, our people suer rom a suocating siege that restricts all movement o
goods and people.
Yet, we continue to work towards the day when our amilies will reunite, when
our cities will prosper and our children will be ree to ulll their ull potential. We
cling to our long-standing aspiration or the reedom to live in peace, prosperityand security in a sovereign and independent Palestinian state. We have chosen
negotiations as our path towards a just, comprehensive and durable peace between
Palestinians and Israelis. The Palestinian Liberation Organization (PLO), ounded in
1964, is the ocial and sole representative o our people and has participated in
numerous negotiations processes on our behal, a journey which has at times been
complicated and painul.
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6 negoTiaTions affairs deParTmenT negoTiaTions Prim
Two decades later, in
June 1967, Israeli orces
militarily occupied the
remainder o Palestine
and displaced over
200,000 o our residents
o the West Bank and Gaza
Strip. Soon thereater,
Israel began colonizing
the occupied Palestinian
territory (oPt), in gross
violation o international
law. Systematic Israeli
violations o our human
rights and international
law governing military
occupation were, and
continue to be, dening characteristics o Israels
occupation, employed to maintain control over ourpopulation, territory and resources. For more than our
decades, Israel has continuously conscated our land
to build illegal settlements and extensive supporting
inrastructure, in an eort to permanently control large
parts o the West Bank. In addition, Israel has illegally
exploited our natural resources, especially water, and
has deliberately hindered our economic development.
Despite these brazen Israeli policies and practices,
we have maintained an unshakable national
identity and connection to our homeland. Against
our daily hardships, we work to realize our right to
sel-determination with an indeatigable passion,
while simultaneously exerting every conceivable eort
to achieve a sustainable peace with Israel.
In 1988, we made a historic compromise by relinqui-
shing our claim to 78 percent o the territory
encompassed by historic Palestine. We accepted
to establish an independent Palestinian state, with
East Jerusalem as its capital, on the remaining 22
percent o our territory occupied by Israel in 1967.
We simultaneously recognized UN Security Council
resolutions 242 and 338, which rearmed t he illegality
o Israels acquisition o our territory by orce. In
1993, we took one urther step to engage in peace
negotiations with Israel to realize our national rights
to sel-determination and statehood. Through such
negotiations, we accepted to make urther historic
compromises in various temporary agreements, known
as the Oslo Accords
(named ater the cit
where PLO and Israe
negotiators conducte
their negotiations). Th
temporary agreemen
were supposed to en
ve years rom signin
in 1999, and lead to
permanent agreemen
The permanent agr
ment promised t
end Israels militar
occupation; to provid
us with the opportunit
to rebuild our countr
including our econom
without Israeli intererence; and to achieve a jus
resolution to our reugee issue based on UN GeneraAssembly Resolution 194. This has not happened.
Since the 1993 Oslo Accords and during the multipl
rounds o negotiations that have ollowed (1993 t
2001 and 2007 to 2008), signicant progress was mad
toward reaching a consensus on the parameters o
permanent agreement. In parallel, we engaged
state-building, including establishing ministries an
public institutions; providing social services; buildin
our inrastructure; and assuming responsibilities ove
a wide range o civil and security responsibilities in ou
cities and towns in the oPt.
However, no permanent status agreement has yet bee
reached, despite nearly two decades o our persisten
eorts to achieve it. Under the leadership o Preside
Mahmoud Abbas, we have solidied our call or th
two-state solution, yet Israel has reused to engag
in a credible negotiations process. Instead, Israel,
the occupying power, has taken unilateral actions t
maintain and solidiy its permanent presence in the oP
A case in point o Israeli continued control over the oP
is the 2005 disengagement plan rom the Gaza Strip
Contrary to Israels claims that its disengagemen
ended its occupation o the Gaza Strip, Israel has i
act perpetuated its occupation and stranglehold b
its continued control over the Gaza Strips border
including land, air and sea space. Further, Israel h
imposed a long-standing siege on the movement o
people and goods in or out o the Gaza Strip. Suc
Systematic Israeli violations oour human rights and international
law governing military occupation
were, and continue to be, dening
characteristics o Israels occupation,
employed to maintain control
over our population, territory and
resources.
We have struggled or independence since the rst
hal o the twentieth century, when Great Britain,
then the mandatory power in Palestine, allowed or
increased Jewish immigration to Palestine. T he Jewish
immigrants advocated or turning Palestine into a
Jewish state, despite the act that the majority o
Palestines inhabitants were non-Jews. By the time t he
British Mandate ended with the departure o Britains
troops in 1948, the Jewish population had grown
rom one percent at the beginning o that century, to
approximately 30 percent, thus dramatically altering
Palestines demographic balance. With increased
calls by Jewish immigrants to colonize Palestine atthe expense o our rights and aspirations, relations
between our native Palestinians and the burgeoning
Jewish immigrant population soured.
Recognizing that the potential or violence and wider
strie had grown very high in Palestine, Great Britain
reerred the situation to the United Nations (UN) on
April 1947 or their recommendations concerning
the uture government o Palestine. As a result, the
UN adopted, in November 1947, the United Nations
Partition Plan or Palestine (United Nations General
Assembly (UNGA) Resolution 181) which called or the
division o Palestine into two states, with the majority
o Palestines land allocated to the Jewish minority, at
the expense o the Palestinian majority.
As confict ensued, Palestine disappeared rom the
map as Jewish militias destroyed over 400 Palestinian
villages and expelled more than 726,000 Palestinians
rom their homeland. The new, unilaterally declared,
state o Israel denied us the right to return to our native
land and instead seized our property. Thus, Israel
condemned two-thirds o our people to lie in exile and
occupied 78 percent o Palestine, a percentage that ar
exceeded the 55 percent that had been recommended
or allocation to a Jewish state under the 1947 UN
Partition Plan.
been complicated and painul.
. HisTory
Jenin
TubasTulkarm
Qalqilya
Nablus
Salfit
Ramallah
Jerusalem
Bethlehem
Hebron
Jericho
Gaza
KhanYunis
Rafah
Jaffa
Tel-Aviv
Lid
Ramlah
Akka
Nazareth
Haifa
Safad
Bisan
N a q a b - N e g e v
G a l i l e e
W e s t B a n k
G a z aS t r i p
DEAD
SEA
Lake
TiberiasM E D I T E R R A N E A N
SE A
JORDAN
S I N A I
EGYPT
LEBANON
Jordan
River
SYRIA
Tiberias
BirSaba
State of Israel
Palestinian city, town or villagedepopulated and / or destroyedby Israel, 1947-1949
1967 Boundary (Green Line)
NAD-NSU
10Km
Palestinian Localities Depopulated or
Destroyed, 1947-1949
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negoTiaTions affairs deParTmenT negoTiaTions Prim
Signed Agreements and Other Key Dates
September 13, 1993 Declaration o Principles (DOP)
April 29, 1994 Protocol on Economic Relations, Annex IV o the Gaza-Jericho Agreement (Paris Protocol
May 4, 1994 Agreement on the Gaza Strip and the Jericho Area and Exchange o Letters between the
PLO and the Government o the State o Israel (Gaza-Jericho)
September 28, 1995 Palestinian-Israeli Interim Agreement on the West Bank and the Gaza Strip (Interim
Agreement)
January 17, 1997 Protocol Concerning the Redeployment in Hebron
October 23, 1998 The Wye River Memorandum
September 4, 1999 Sharm El-Sheikh Memorandum
July 2000 Camp David Negotiations
September 28, 2000 Ariel Sharon visits the Haram al Shari, provoking widespread Palestinian proteststhat mark the beginning o the second intiada against the continuing Israeli military
occupation
December 2000 Clinton Parameters released
January 2001 Taba Negotiations
April 30, 2001 Report o the Sharm El-Sheikh Fact-Finding Committee (The Mitchell Committee Report
June 13, 2001 The Tenet Plan: Israeli-Palestinian Ceasere and Security Plan, Proposed by CIA Director
George Tenet
March 28, 2002 The Arab League endorses the Arab Peace Initiative in its Beirut Declaration
April 30, 2003 A Perormance-Based Road Map to a Permanent Two-State Solution to the Israeli-
Palestinian Confict, developed by the Quartet (US, UN, EU and Russia) is publicly released
(Road Map)
November 15, 2005 Agreement on Movement and Access (AMA), Agreed Principles or Raah Crossing,
concluded ollowing Israels unilateral disengagementrom the Gaza Strip
November 23, 2005 Agreed Arrangement on the European Union Border Assistance Mission (EU-BAM) at the
Raah Crossing Point on the Gaza-Egypt border
March 29, 2007 Arab League reiterates support or the Arab Peace Initiative in its Riyadh Declaration
November 27, 2007 PLO Chairman Mahmoud Abbas attends the Annapolis Conerence and agrees to a Joint
Understandingwith Israeli Prime Minister Olmert
December 27, 2008 Israeli orces begin a 22-day assault on the Gaza Strip, which leaves 1,434 Palestinians
dead, the vast majority civilian
May 9, 2010 US-mediated proximity talks begin between the PLO and Israel
September 2, 2010 Direct talks between the PLO and Israel begin under the auspices o the US
unilateral actions do not produce peace agreements.
Rather, unilateral Israeli actions in the orm o human
rights abuses have only distanced the possibility o
achieving a durable and just peace.
In late 2007, the negotiations process resumed when
President Mahmoud Abbas and then Israeli Prime
Minister Ehud Olmert attended the US-sponsored
Annapolis Conerence in Maryland. The conerence
concluded with a Joint Understanding in which
both parties agreed to launch direct negotiations
and conclude a peace treaty by the end o 2008. The
Annapolis Conerence marked the rst time in seven
years that the PLO and Israel engaged in negotiations.
However, the Annapolis talks did not lead to an
agreement by the end o 2008 owing to Israels
unrelenting, illegal colonization o the oPt. Further, on
December 2008, Israel launched a large-scale military
assault in the Gaza Strip, during which Israel killed morethan 1,400 Palestinians. This attack abruptly stopped,
and eventually eliminated, the possibility o continued
negotiations.
Despite past ailures to reach a negotiated nal
status agreement with Israel, we remain committed
to negotiations to achieve a permanent and durable
resolution o the Palestinian-Israeli confict. We also
advocate or all regional states to maintain the call or a
wider Middle East peace that ends the confict between
all the Arabs neighbors o Israel. For this reason, we
support the Arab Peace Initiative (API), proposed by
Saudi Arabia and endorsed in 2002 and 2007 by the
Arab League. The API oers Israel normalized relations
with the entire Arab world once Israel completely ends
its military occupation o the West Bank (including
East Jerusalem) and the Gaza Strip, and provides a just
resolution to the issue o our reugees.
We continue to believe that a two-state solution is
achievable but we must stress that the window or
realizing this outcome may be quickly closing. For
this reason, we participated in American-brokered
proximity talks, during which we presented our
positions on all the nal status issues in an eort to
restart direct negotiations and nally bring an end to
our protracted confict. With this belie, we agreed to
once again engage in direct negotiations on August
2010, stressing that Israeli colonization policies in theoPt must stop.
Palestinians and Israelis are at a critical juncture.
The choices made now will impact the region or
generations to come. Israels continued military
occupation is a recipe or continued violence, insecurity
and loss o lie, whereas the realization o our rights is
a recipe or peace. The choice remains Israelswill it
choose peace or occupation? A two- state solution can
be realized, and the time to act is now.
Watchingthe destructiono his olive groves
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and health services or security, setting immigration
policy, developing our economy or allocating resources.
For this reason international law continues to regard
Israel as an occupying power in the Gaza Strip, bound
by its obligations under international humanitarian
law, including the Hague Regulations and the Fourth
Geneva Convention.
Israels hermetic blockade o the Gaza Strip violates
the 1994 San Remo Manual on International Law
Applicable to Armed Conficts at Sea, which prohibits
naval blockades intended to starve the civilian
population, denying the entry o objects essential
or survival or i the expected damage to the civilian
population is larger than the concrete military
advantage. The blockade is illegal because it prevents
the delivery o essential and basic needs to our civilian
population. The humanitarian situation in the GazaStrip has deteriorated rapidly as a result o Israels
siege. Israel drastically cut imports and barred all
exports, eectively destroying Gazas economy and
with it the livelihoods o hundreds
o thousands o our people. From
June 2007 to September 2008, 98
percent o the Gaza Strips industrial
operations became inactive as a
result o the closures, with just 23
industries let operating out o 3,900
industries. Nearly 40,000 armers
in the agricultural sector and more
than 70,000 workers in other sectors
lost their jobs. In terms o imports,
an average o 9,400 trucks per
month entered into Gaza beore
June 2007. Between June 2007 and
June 2008, that number had allen
to an average o just 1,930 trucks per
month.
As the occupying power, Israel
is also violating its duty to
provide or our civilian population in the Gaza Strip.
Approximately 70 percent o our population in the
Gaza Strip currently lives below the poverty line. The
same percentage relies on oreign ood aid to survive.
According to the World Health Organization, chronic
malnutrition has risen to aect over 10 percent o the
population.
Israels siege has had an equally devastating impac
on civilian inrastructure, which remains on the verg
o total collapse or lack o uel and spare parts t
carry out necessary repairs. For example, in June 200
the amount o uel Israel allowed into the Gaza Stri
accounted or only 54 percent o Gazas needs, severe
aecting Gazas electricity and water supplies. Toda
approximately 90 to 95 percent o drinking water in th
Gaza Strip is contaminated and unt or consumptio
while the vast majority o Gazans experience electrici
cuts o 8-12 hours a day.
Israels blockade o the Gaza Strip amounts t
collective punishment against the Palestinian civilia
population, which is prohibited under internationa
law.
ISRAELS ASSAULTOn December 2008, Israel launched a 22-day militar
assault against the Gaza Strip and its inhabitants. Ou
civilians bore the ull brunt o Israel
brutality, with Israel indiscriminate
targeting residential neighborhood
and public acilities such a
schools, hospitals, mosques an
even buildings belonging to th
UN. According to gures cited b
the United Nations Oce or th
Coordination o Humanitarian Aai
(OCHA), 1,440 Palestinians wer
killed over the three week period
including 431 children and 11
women. A urther 5,380 Palestinian
including 1,872 children and 80
women, were injured.
Israels assault also damaged th
Gaza Strips water and electricit
networks. The result was a rap
deterioration in the humanitaria
situation beyond that already experienced as a resu
o Israels siege.
An initial survey by the United Nations Developmen
Programme (UNDP) ound that more than 14,000 home
in Gaza were either totally or par tially damaged durin
the assault. Estimates by the Palestinian Central Burea
Israels blockade othe Gaza Strip clearly
amounts to collective
punishment against
the Palestinian civilian
population, which
is prohibited under
international law.
Five years ater Israels Disengagement Plan, Israel
continues to occupy the Gaza Strip. Under its unilateral
disengagement plan, Israel evacuated all 8,500 settlers
living in Gaza and redeployed its ground troops to
Gazas borders. Rather than end Israels occupation,
however, the disengagement merely transormed
Israels 1967 military occupation o the physical
territory into an occupation by siege through which
Israel has continued to exercise control over the Gaza
Strip and its inhabitants.
Beginning in 2000, Israel intensied its control over
Gazas air and sea space, and all points o access in and
out o the Gaza Strip, severely restricting the movement
o goods, people and much needed supplies like ood,
uel and medicines into the Gaza Strip. Israel virtually
eliminated all exports rom the Gaza Strip. By June
2007, such complete closure had become the norm
rather than the exception.
Access into and out o the Gaza Strip is restricted to just
three crossing points that are under ull Israeli military
control. Our people living in the Gaza Strip today require
permits, which are usually denied, rom Israel to leave or
enter Gaza. Any goods leaving or entering Gaza must
be approved by the Israeli authorities, and most goods
are banned due to security concerns. Israels permit
system also covers the entry o ood and medicine
into the Gaza Strip, as well as uel needed to generate
electricity and ensure water supplies. In addition to
this, Israel maintains a naval blockade along Gazas
entire coastline. Even beore the election o Hamas
in 2006, the PA could not, without Israels permission,
perorm such basic unctions such as providing social
. gaza:
oCCuPaTion by siege
Home destroyedduring Israels 2009attack,Gaza Strip
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Fact Box One: Israels military assault on Gaza
The Israeli military assault on Gaza lasted 22 days, rom 27 December 2008 until 18 January 2009
According to gures cited by the United Nations Oce or Coordination o Humanitarian Aairs (OCHA),
1,440 Palestinians were killed during the assault, including 431 children and 114 women. A urther 5,380
Palestinians, including 1,872 children and 800 women, were injured
An estimated 4,247 homes were demolished in the Gaza Strip during the assault
An estimated 41,730 homes were damaged in some way during the Operation
85 percent o damage done by shells rom tanks and airstrikes; 12 percent o houses destroyed by Israeli
bulldozers
Commercial Property Damage:
211 industrial premises were damaged (102 completely destroyed, 109 partially destroyed)
Led to massive job loss, layos over 75 percent o employees on account o destruction
1,549,776 acres o agricultural land destroyed
Fact Box Two: Lie under the siege
More than 70 percent o our residents o the Gaza Strip rely on aid rom international organizations to obtain
ood.
In 2009, an estimated 40 percent o Gazans were unemployed
In 2009, an estimated 70 percent o the Gaza Strips population was living below the poverty line
UNRWA poverty survey indicates that the number o reugees living in abject poverty (unable to secure
access to ood and lack the means to purchase even the most basic o items such as sae drinking water) has
tripled to 300,000 since the onset o the blockade in 2007
2010 WHO report stated that chronic malnutrition has risen and has now reached 10.2 percent
The Raah Crossing has been closed since June 2007 except or occasional and limited openings. In 2010, an
average o 3,192 people passed through the crossing monthly. Beore closure, an average o 40,000 people
traveled through the crossing each month.
Since January 2010, there has been a serious deterioration in t he supply o electricity in the St rip because the
Gaza Power Plant (GPP) is able to produce only hal the electricity that it did prior to January 2010. This is due
to lack o unds needed to purchase the industrial uel required to operate the plant. Thus, many o the 1.5
million o our people in the Gaza Strip must cope with daily electricity cuts o 8 to12 hours (beore January
2010, typical blackouts lasted or 6-8 hours).
Amnesty International reports that 90-95 percent o the drinking water in t he Gaza Strip is contaminated and
unt or human consumption.
Israel prevents raw materials or industry rom entering, which is part o an economic warare policy
designed to prevent economic activity. Thus, 90 percent o the Strips actories are closed or are working
at minimum capacity. An example: Israel prevents rubber, glue, and nylon rom entering to prevent the
production o diapers, but allows the transer o diapers produced in Israel into the Gaza St rip.
Israel restricts shing access to three nautical miles rom the shore.
o Statistics (PCBS) put the number o Palestinians
let homeless at 50,000, with an additional 100,000
Palestinians displaced. Approximately 48 percent
o the Gaza Strips health acilities were damaged or
completely destroyed, including 15 hospitals and 41
primary health centers.
Today poverty, unemployment and destitution
remain at endemic levels, with 88 percent o Gazas
population reliant on oreign ood aid rom the World
Food Programme (WFP) and the United Nations Relie
and Works Agency (UNRWA). Our peopl e continue to
experience chronic shortages o ood, clean water,
cooking gas, uel and essential medical supplies as
a result o Israels reusal to allow sucient passage
o much needed humanitarian aid and essential
supplies.
The UN Fact Finding Mission on the Gaza Confict(Goldstone Report) concluded that Israels blockade
over the Gaza Strip, executed or political reasons,
constitutes collective punishment o the civilian
population o the Gaza Strip. In addition to breaching
several norms o international humanitarian law,
Israels hermetic blockade o the Gaza Strip severely
violates the human rights o the 1.5 million strong
civilian population. The Goldstone Report made
reerence to the blockade and Israels obligation to
respect, protect, acilitate or provide, to the extent
possible, or the enjoyment o the whole range o
economic, social and cultural rights in the Gaza Strip
and concluded that Israels actions have led to a severe
deterioration and regression in the level o realization
o those rights. Consequently, the Mission nds that
Israel has ailed to comply with those obligations.
The Mission also concluded that Israel violated the
economic, social and cultural rights o our people in
Gaza, as well as the Convention on the Rights o the
Child, the Convention on the Elimination o All Forms
o Discrimination against Women, and the human
rights to ood, housing and water. Furthermore, the
Goldstone Mission ound Israels actions to constitute
a series o acts that deprive Palestinians in the Gaza
Strip rom their means o subsistence, employment,
housing and water. Palestinians are urther denied
reedom o movement and their right to leave and
enter their own country rights to access a court o
law and an eective remedy are limited or denied by
Israeli laws. Standingon the remains oher home,Gaza Strip
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International Law:Our Framework or Negotiations
Achieving sustainable peace is best reached through
mutual agreement with Israel. It will be a peace that
restores Palestinian human rights and ensures our
national aspirations. Only by securing the undamental
rights and reedoms guaranteed but long denied to us
under international law, will an agreement be viewed
by us as just and be ully embraced by our society.
Our positions on the various permanent status issuesare rooted in relevant international law. While we are
open to creative solutions, any agreed upon solution
must conorm to international law and must meet our
needs and interests.
Some o the key sources o international law that
shape our positions include:
Right to Self-Determination: International Covenant
on Economic, Social and Cultural Rights: Article 1 (1):
All peoples have the right o sel-determination.
End to Israels Occupation: UN Security
Council Resolution 242 (1967) emphasizes the
inadmissibility o the acquisition o territory by war
and calls or the [w]ithdrawal o Israeli armed orces
rom territories occupied in the recent confict.
Illegality of Israels Changes to Jerusalems Status:
UN Security Council Resolution 476 (1980):
Reconrms that allactions taken by Israel,
the occupying Power, which purport to alter the
character and status oJerusalem have no legal
validity
Refugee Rights: UN General Assembly Resolution
194: the [Palestinian] reugees wishing to
return to their homes and live at peace with their
neighbors should be permitted to do so at the
earliest practicable date, and that compensation
should be paid or the property o those choosin
not to return and or loss o or damage to propert
which, under principles o international law or i
equity, should be made good by the Government
or authorities responsible. UNGA Resolution 19
which endorsed the right o Palestinian reugees t
choose whether to repatriate to what is now Israe
has been rearmed by the General Assembly ever
year since its adoption.
Prohibition on Settlement Activity: Article 49(6) o
the Fourth Geneva Convention, ratied by Israel i
1951, states: The Occupying Power shall not depoor transer parts o its own civilian population int
the territory it occupies.
Right to Water: The UN Committee on Economi
Social and Cultural Rights has noted: The huma
right to water is indispensable or leading a lie i
human dignity. It is a prerequisite or the realizatio
o other human rights.International water law cal
or the equitable and reasonable allocation o
water among the two or more parties who posses
a claim to shared watercourses, which is the cas
here.
Reparations and the Right to Remedy: A Stat
responsible or an internationally wrongul act
under an obligation to make amends or the wron
by providing reparations, including restitution
compensation, satisaction and guarantees o
non-repetition to the injured party. In addition
international human rights law obliges states t
provide eective remedies to victims o huma
rights violations.
Illegality of Wall Construction: In its Advisor
Opinion o 9 July 2004, the International Court o
Justice (ICJ) held that the Wall and Israeli settlemen
violate international law. It called upon Israel t
halt their construction, dismantle portions alread
built, and provide reparations to Palestinians or th
damages they have caused.
Our primary goals in engaging in direct negotiations
with Israel are to ensure our reedom and the ulfllment
o the right to sel-determination and a just resolution
to the plight o our reugees. Achieving these goals
requires an end to Israeli occupation and colonization,
the establishment o an independent and sovereign
Palestinian state in the West Bank and Gaza Strip with East
Jerusalem as its capital, and a just and agreed resolution
o the reugee issue in accordance with UN General Assembly Resolution 194. There are three essential
components to a comprehensive peace agreement: (1) an
independent state or Palestinians, (2) maximum choice
or our reugees, and (3) compensation and end o claims.
Below is a summary o these three components.
Land
Independence and Sovereignty: As a people living
under Israeli military occupation, we continue to be
denied our most undamental rights, including the
right to sel-determination. Israel denies us the right to
pursue our economic, social and cultural development.
The establishment o a ully sovereign and independent
Palestinian state will guarantee our control over a
space in which we can pursue our development in how
we see t and without intererence rom other states.
The nal boundaries o the ully independent state o
Palestine will ollow the 1967 pre-occupation line, the
Green Line, and we will exercise complete control over
its territory. We will determine who and what enters
and exits the country and who may reside therein. We
will also exercise complete control over our natural
resources, including water resources, air and maritime
space and the electromagnetic sphere.
As the political, economic and spiritual heart o the
Palestinian nation, there can be no Palestinian state
without East Jerusalem as its capital. East Jerusalem will
be ully integrated with the rest o the West Bank and
Gaza Strip territorially, politically and economically
in order to ensure the integrity, sustainability and ull
growth potential o the city and country, as well as our
social, political, cultural and religious lie.
As citizens o a sovereign state, we will nally be able to
realize our economic potential, including in the crucialtourism and agriculture sectors. Additionally, we will
be able to participate ully, and without restriction, in
the commercial, social, political and cultural activities
o the international community.
Reugees
Options or Reugees: Ater decades o dispossession
and statelessness, more than seven million o our
reugees require a air and just resolution. Such a
resolution will respect reugee rights and provide them
with several options, including the right to return to
their homes in accordance with UNGA Resolution
194 and international law. A resolution will also
provide or the right to restitution o property and ull
compensation or all material and non-material losses.
Compensation and End o Claims
End o Claims: To end all claims and to achieve a
genuine and long lasting peace, we seek ull and just
reparations or material and non-material damages
owing to Israels illegal actions, including colonial
settlement activity; water and natural resource
expropriation; environmental damage; loss o, and
damage to, cultural property and heritage; misuse o
nancial resources; and other gross and systematic
violations o human rights.
. our Vision of PeaCe
Tendingtheirland, Gaza Strip
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Israel's Wall and Settlements Around Occupied East JerusalemV. PermanenT
sTaTus issues
a. Jerusalem
1. Summary
For centuries, Jerusalem has been the political,
administrative and spiritual heart o Palestine.
Metropolitan East Jerusalem an area extending rom
Ramallah to Bethlehem has or long been the driving
orce o our economy. In act, nearly one-third o our
economic activity is centered around East Jerusalem.Given East Jerusalems economic, cultural, social and
religious importance, without East Jerusalem, there
can be no viable Palestinian state.
Though central to three aiths, Israel has since 1967
systematically pursued policies aimed at ensuring
exclusive control over the city with disregard to
the rights o the indigenous Christian and Muslim
Palestinian populations. In so doing, Israel unilaterally
is taking control o East Jerusalem, the uture capital
o our state, thereby putting at risk the possibility o a
two-state solution.
Modern History of the Holy City: A Brief Overview
When the UN General Assembly recommended
in 1947 to partition Palestine, Jerusalem and its
environs (including the city o Bethlehem to the
south) were to be administered internationally as
a separate entity, or corpus separatum. However,
during the 1948 war, Israel invaded the corpus
separatum and occupied 85 percent o its territory.
In June 1967, Israel occupied the
remainder o Jerusalem, or East
Jerusalem, including the Old City.
Only weeks later, Israel unilaterally
expanded the municipal borders o
Jerusalem, enlarging East Jerusalem
ten-old. The new borders were
Given East Jerusalems economic, cultural, socialand religious importance, without East Jerusalem,
there can be no viable Palestinian state.
E 1
Plan
BETHORON
GIV'ATZE'EV
GIV'ONHDSHA.
HARADAR
RAMOT
PSAGOT
KOCHAVYA'ACOV
MA'ALEMIKHMAS
MIGRON
R.SHLOMO
P.ZE'EV
N.YA'ACOV
ALMON
GEVABINYAMIN
KFARADUMIM
MA'ALEADUMIM
QEDAR
FR.HILL
ALON
R.ESHKOL
EASTTALPIOT
HARHOMA
GILOG.HAMATOS
BETAR
NEVEDANIYEL
BATAYIN
ELAZAR
EFRATA
MIGDAL
OZ
KFARETZION
ALLONSHVUT
ROSHTZURIM
HARGILO
NOKDIM
TEKOA
GEVA'OT
KFARELDAD
MISHORADUMIM
SHA'ARBINYAMIN
ANATOT
ATAROT
RAMA
OFER
NOFZION
Ubaydiya
Walaja
Qalandia
Sh.Sa'adSur
Baher
Beit
SafafaSharafat
Za'atara
AlKhasHusan
Battir
UmRukba
Tuqu'
Harmala
WadiFukin
BeitSahur
BeitFajjar
Kht.Sakarya
Shawawra
WadiHummus
Kh.Juhzum
Irtas
W. an Nis
Juratash Shama
Khadr
UmLeisun
BeitTa'amir
W.Rahhal
Al Hindaza
UmSalamuna
DheishaRC
BadFaluh
AbuNujeim
Rafidia
UmQassis
Rasal Wad
BeitUmmar
Safa
Anata
Hizma
Al Ram
Jaba
Mikhmas
Shuafat
BeitHanina
BeitIksa
BeitSurik
Biddu
Qubeiba
Qatanna
AbuLahm
BeitInan
BeitDuqqu
BeitIjza
NabiSamwil
AlJib Bir
Nabala
Burqa
DeirDibwan
BeituniyaBeit UrFoqa
TiraRafat
Qalandiya RC
KafrAqab
AinArik
Deir'Ibzi
Shuafat RC
Judeira
BHBalad
Al Amari RC
JibWest
Sawahra
SilwanRas alAmud
Tur
'Isawiya
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West East
J.Mukabir
Sh.Jarrah
Wadi Joz
Nahhalin
Azarya
AbuDis
Ar.Jahalin
Za'im
Al Bireh
BeitJala
AnNuman
B e t h l e h e m
R a m a l l a h
OLDCITY
A l Q u d s
J e r u s a l e m
W e s t E a s t
OLDCITY
A l Q u d s
J e r u s a l e m
W e s t E a s t
NAD-NSU
GIVATYAEL
Israeli settlement built-up area
Planned settlement expansion
Israeli military base
The Wall- completed or under construction- planned
1967 Boundary (Green Line)
Proposed new settlementPalestinian territory west / eastof the Wall
Palestinian city, town, villageor neighborhood
Etzion
Bloc
AdumimBloc
Givon
Bloc
72 km
58 km
72 km2
27 km
EastJerusalemGiv'on
Etzion
Adumim
Areas west of the Wall in Jerusalem
(4% of the West Bank)
Ramallah
Bethlehem
Jerusalem
2 2
2
0 5 Km
drawn to incorporate undeveloped Palestinian
lands and excluded our population centers. During
the 1970s, those undeveloped lands were illegally
conscated by Israel to build Israeli settlements, in
violation o international law.
With the expansion o Jerusalems borders, Israel
applied its laws, administration and jurisdictionover the expanded area o municipal Jerusalem
(an area then covering 72 km2 or 1.3 percent
o the West Bank) in a clear attempt to de acto
annex East Jerusalem and parts o the West Bank.
This annexation violated the prohibition against
acquiring territory by orce and was declared o no
legal validityby the UN Security Council.
Changing Demographics
Since 1967, the Israeli government has attempted to
consolidate its control over Jerusalem by systematically
pursuing a number of policies:
Establishing Settlements: Israel has unilaterally
annexed occupied East Jerusalem and has been
constructing illegal settlements within and along its
illegally expanded borders. These settlements now
orm a ring around the entire occupied part o the city,
sealing it o rom the rest o the West Bank. Today, over
190,000 o the over 500,000 settlers in the oPt live in
occupied East Jerusalem.
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Constructing the Wall: The route o the Wall in and
around occupied East Jerusalem splits the West
Bank into two distinct areas and completely isolates
occupied East Jerusalem rom the rest o the West Bank.
It also limits the last available space or much needed
Palestinian growth, while acilitating the construction
and expansion o settlements. Furthermore, the Wall
severs the national transportation axis that connects
the West Bank with Jerusalem and has resulted in an
infux o Palestinian Jerusalemites to the center o the
city.
2. Key Facts
Approximately 35 percent o our economy is
dependent upon Metropolitan East Jerusalem,
which extends rom Ramallah to Bethlehem.
The international community, including the UN,
the US and the EU do not recognize Israels claim o
sovereignty over East Jerusalem.
Revoking Residency Rights and Denying Family
Reunifcation: Israels goal with respect to its policies
in occupied East Jerusalem has been clearly and
repeatedly stated to be the preservation o a Jewish
demographic majority in Jerusalem. This goal was
ocially stated in a 1973 report by the inter-ministe-
rial Committee to Examine the Rate o Development
or Jerusalem. In this report the recommendation
was made that the demographic balance o Jews
and Arabs must be maintained as it was at the end o
1972. In an attempt to maintain this demographic
balance, Israel has prohibited thousands o Palestin-
ians rom residing in the city o our birth by revoking
our residency rights.
As Permanent Residents o Israel, Palestinian East
Jerusalemites have disproportionate rights compared
with Israeli citizens o the city. For example, Israel has
the power to strip them o their residency solely at itsdiscretion. Thereore, our residents o occupied East
Jerusalem must maintain their center o lie in East
Jerusalem; otherwise they run the risk o losing their
residency status. In addition to residency revocation,
Israel habitually reuses to grant Palestinian spouses o
non-Jerusalemites residency status, thereby prevent-
ing them rom residing in Jerusalem and denying
amily unication.
More than 13,000 Palestinian permanent resident
identication cards were revoked between 1967 and
2008, directly impacting more than 20 percent o our
amilies in occupied East Jerusalem. Between 2006
and 2008, Israel revoked 4,577 Palestinian permanent
residentidentication cards.
Land Confscation, Building Restrictions and Home
Demolitions: In addition to preventing our urban
growth by conscating our lands and constructing
settlements, Israel has adopted a series o discrimina-
tory zoning policies intended to make it dicult or us
to build on our land or to expand existing structures.
As a result, we are only allowed to build and live on 13
percent o East Jerusalem. Further, permits to build
within those areas are expensive and nearly impossi-
ble to obtain due to Israels restrictive and discrimina-
tory measures and policies, thereby giving the Israeli
government the ability to demolish homes where
building, including expansion, was carried out without
an Israeli permit.
These discriminatory policies have also resulted in
severe over-crowding in East Jerusalem, a situation
which will only worsen as the population naturally
expands. From 1967 until today, the Palestinian popula-
tion o Israeli-dened municipal Jerusalem has grown
rom 68,600 to 300,000an increase o 228 percent. By
2020, the number o Palestinians who hold Jerusalem
residency cards is projected to be over 400,000 (based
on a 3.4 percent average population growth rate).
Estimates also indicate that since 1967, Israel has
demolished more than 3,200 homes and other
structures in East Jerusalem, including several historic
and religious sites, such as the historic Moroccan
Quarter in the Old City o Jerusalem. According to the
Palestinian Central Bureau o Statistics, Israeli authori-
ties demolished 94 Palestinian homes in 2005, 83 in
2006, 78 in 2007, 87 in 2008 and 103 in 2009. In 2010,
gures released by the UNs displacement WorkingGroup, 78 privately owned structures were demolished
in East Jerusalem, including homes.
Discriminatory Land Use in Occupied
East Jerusalem
Imposing Closure: Since March 1993, Israel has prohib-
ited non-Jerusalemite Palestinians rom entering the
city unless they obtain an Israeli-issued permit, which
is rarely granted. As such, over 4 million Palestinians
are denied access to our holy places in Jerusalem,
are prohibited rom studying in East Jerusalem and
are denied certain medical treatments that are only
available in East Jerusalem hospitals.
For Israeli Settlements
(built up areas and
planned expansions)
35%
Unplanned
Areas
(No construction
allowed)
30%
For Palestinian Use
13%
"Green Areas"
(No construction
allowed)
22%
Due to discriminatory Israeli restrictions on lan
use, Palestinians in East Jerusalem live and buil
on only 13 percent o our land. Those who, lackin
any other alternatives, build either without permi
or while the application is pending are subject t
orced evictions and home demolitions. The Israe
army has destroyed over 3,000 o our homes i
occupied East Jerusalem since 1967.
Palestinian Jerusalemites, who constitute over 3
percent o the population o Jerusalem, receive les
than 10 percent o Jerusalems municipal budget.
3. International Law
UN Security Council Resolution 242 (1967
emphasizes the inadmissibility o the acquisitio
o territory by warand calls or the (w)ithdrawal o
Israeli armed orces rom territories occupied in threcent confict.
UN Security Council Resolution 252 (1968) state
that the Security Council (c)onsiders that all
actions taken by Israelwhich tend to change th
legal status o Jerusalem are invalid and canno
change that status.
UN Security Council Resolution 476 (1980) state
that the Security Council (r)econrms that all
actions taken by Israel, the occupying Power, whic
purport to alter the character and status oJerusa
lem have no legal validityand also constitute
serious obstruction to achieving a comprehensiv
just and lasting peace in the Middle East.
4. Our Position
In conormity with international law and as stated i
the Declaration o Principles, all o Jerusalem (and no
only East Jerusalem) is subject to permanent statu
negotiations. With respect to East Jerusalem, becaus
it remains part o the territory occupied since 1967
Israel has no right to any part o it.
As the political, economic and spiritual heart o ou
nation, there can be no Palestinian state without Eas
Jerusalem, in particular the Old City and the surround
ing area, as its capital. We are committed to respec
ing reedom o worship at, and access to, religiou
Standingon the remains ohis demolishedhome,Old City,Jerusalem
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20 negoTiaTions affairs deParTmenT negoTiaTions Prim
sites within East Jerusalem or everyone. All possible
measures will be taken to protect such sites and
preserve their dignity.
Beyond ensuring our sovereignty over East Jerusalem,
we will consider a number o solutions, as long as they
are in our interest and in line with international law.
For example, Jerusalem may be an open city or both
Palestinians and Israelis-the capital o two nations.
Whatever the specic solution, East Jerusalem is
essential to the economic, political and cultural
viability o our uture state. There can be no integrated
Palestinian national economy and, thus no sustainable
resolution o the confict, without a negotiated solution
on Jerusalem that guarantees our rights.
b. Settlements
1. Summary
Since 1967, Israel has colonized the oPt by systematically
transerring parts o its Jewish civilian population
into the West Bank and Gaza Strip, in violation o
international law. Today, more than hal a million
Israeli settlers, including over 190,000 in and aroundEast Jerusalem, live in settlements established on land
illegally seized rom us in the oPt. These settlements
range in size rom nascent settlements or outposts,
consisting o a ew trailers, to entire towns o tens o
thousands o settlers.
The aim and eect o Israels settlement enterprise
has been to alter the oPts status, both physically and
demographically, so as to prevent its return to us.
The construction o Israeli settlements is designed
to illegally conscate our land and natural resources
while conning our population to unsustainable,
ever-shrinking enclaves and severing East Jerusalem
rom the rest o the oPt. By limiting the territorial
contiguity and economic viability o the oPt, Israeli
settlements pose the single greatest threat to the
establishment o an independent Palestinian state, and
hence, to a just and lasting peace between Israelis and
Palestinians.
Colonizing the oPt
The Israeli government has adopted a number o
discriminatory measures aimed at bolstering its
settlement enterprise. Israelis are lured to settlements
through a variety o Israeli-government incentives,
including housing subsidies, income tax reductions,
disproportionate budget allocations and business
grants. Contrary to Israels claim o natural growth,
these incentives have led to the rapid growth rate in
the settler population in some cases, reaching three
to our times that o the rate o growth in Israel.
Israels settlements also benet rom massive Israeli
investment in roads and other inrastructure. Settler
roads, including so-called bypass roads, connect
settlements to each other and to Israel. For ourpopulation, who is generally restricted and in some
cases prohibited rom using them, these roads create a
grid o physical barriers that crisscross the entire West
Bank.
Israel enorces movement restrictions on us or a
closure regime through the erection o hundreds
o military checkpoints and roadblocks. Parallel to
securing virtually unchecked reedom o movement
and access or Israeli settlers, this physical restriction
scheme severely restricts our movement and access,
isolates our communities, preventing their expansion,
restricts our access to armlands and natural resources
and destroys our territorial contiguity.
The presence o Israeli settlements and settlers is a
primary source o instability, resentment and a historically
proven trigger to clashes between our indigenous
population and the armed settlers. In addition to the
socioeconomic and humanitarian damage caused by
the settlements, Israeli settlers, and the soldiers charged
with protecting them, routinely subject our population
to attacks, humiliation and harassment.
The Wall: Another Land Grab
In the summer o 2002, Israel began constructing
its Wall in the oPt. Though Israel claims that the Wall
was erected or security purposes, it orms an integral
component o Israels settlement inrastructure. The
Jenin
TubasTulkarm
Nablus
Salfit
Latrun
Valley
Hebron
10 Km
DEADSEA
JORDAN
Wall completed (~ 61%)
Wall under construction (~ 9%)
1967 Boundary (Green Line)(~ 320 km)
Settlement areas east of Wall
Jordan Valley areas under Israelisettlement control
Qalqilya
Ramallah
Jericho
Jerusalem
Bethlehem
54.5 %
9.0 %
8.0 %
28.5%
West Bank area
west of the Wall*
Settlement-controlledareas east of the Wall
Jordan Valley
settlement control
Areas remaining
for Palestinians
Palestinian Land Restricted
by Israeli Settlements and the Wall
Kedumim
Eli
ElOfra
Illit
Betar
KiryatArba
Dotan
Rehan
Elon
Itamar
AvneHefez
Ma'aleEfrayim
Nili
Adora
Otniel
Massua
Yizhar
Asfar
Mevo
Mehola
A.MenasheHamra
Moreh
Ariel
Bet Arieh
Modi'in
BetTalmon
G.Ze'evG.Binyamin
Ma'aleAdumim
TekoaEfrat
K.Zur
Tene
Shilo
Etzion
Elkana
H.Gilo
* Figure includes the Israeli-occupied areas of East Jerusalem
and the Latrun Valley
Wall route approved by
Israels cabinet as of30 April 2006 (~ 711 km)
Israeli settlement built-up areas(~ 1.2% - 500,000 settlers)
NAD-NSU
West Bank Population
Directly Affected by the Wall
Palestinians isolated west
of the Wall
Palestinians separated
from arable land
10.6%
12.4%
Israel's Wall and Settlements (Colonies)
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4. Our Position
In addition to being illegal, Israeli settlements in the oP
pose the single greatest threat to a two-state solutio
and hence, to a just and lasting peace. Settlement
their inrastructure and associated areas o Israeli contr
grossly reduce the amount and quality o land remainin
or our uture state and severely undermine its territori
integrity. Under the land or peace ormula containe
in UN Security Council Resolutions 242 and 338 and upo
which the peace process is based, Israel is to withdraw
rom the territories it occupied in 1967 in exchange o
ull peace and recognition rom its neighbors.
Thus, Israel must undo its settlement enterprise an
repair any damage caused by its illegal colonizatio
o our territory. Israels unilateral 2005 Gaz
disengagementdemonstrated that Israeli acts on th
groundare not permanent and, with sucient politicawill, can be removed ar more rapidly than they wer
established. One method to evacuate settlemen
peaceully would be or Israel to eliminate all econom
and other incentives, both or the settlements and th
settlers, and to start providing comparable or bette
incentives that would act to encourage existing settle
to move back to Israel.
Until a nal agreement is reached, however, a genuin
and comprehensive settlement reeze is the only wa
to minimize urther prejudice to uture negotiation
The international community has repeatedly calle
on Israel to reeze all settlement activity. The bas
elements o such a reeze are: 1) ending all settlemen
related construction; 2) eliminating all subsidies an
economic incentives or settlements and settlers; 3
ending all planning or settlements; 4) ceasing all lan
conscations, home demolitions and other propert
destruction; and 5) ending the migration o settlers t
the oPt.
The Wall separates us rom ourlands, the source o our livelihood;
prevents access to education and social
services; and deprives us rom our
natural resources, especially water.
Akka
Jenin
Nablus
RamallahJericho
Bethlehem
HebronGaza
KhanYunis
Jerusalem
TelAviv
Haifa
W e s t B a n k
G a l i l e e
N a q a b - N e g e v
Jaffa
10Km
NAD-NSU
SINAI
DeadSea
LakeTiberias
AqabaGulf
Nazareth
Ramlah
JORDAN
EGYPT
SYRIALEBANON
MEDITERRANEAN
SEA
GOLAN
BirSaba
Autonomous Arab territory
State of Israel
Territory annexed by Israel
1967 Boundary(Green Line)
Israeli settlements in the oPt pos
the single greatest threat to a two
state solution, and hence, to a just an
lasting peace.
Allon Plan, 1967
Wall encircles and snakes through the West Bank
incorporating a majority o Israeli settlements and
settlers on the Israeli side o the Wall while seizing
large tracts o our territory or the expansion o uture
settlements. In so doing, the Wall separates us rom
our lands, the source o our livelihood; prevents access
to education and social services; and deprives us rom
our natural resources, especially water. The Wall is
nearly complete but or small stretches halted due to
legal action in the courts. The areas taken or the Wall,
combined with settlement-controlled areas east o the
Wall and in the Jordan Valley, will leave us with only 54
percent o the West Bank.
Given that the Wall has been routed around existing
illegal settlements and their planned expansion
areas, the Wall is clearly a land grab and not a security
measure. Indeed, the Wall does not separate the
state o Israel rom our territory but rather separatesPalestinians rom Palestinians.
Israels Territorial Ambitions: Then and Now
In 1967, Yigal Allon, Israels then Deputy Prime Minister
and later its Foreign Minister, proposed maintaining
Israeli control over the Jordan Valley o the West Bank
and an expanded east-west corridor running through
Jerusalem to the Jordan River. The remaining areas
o the West Bank were to be returnedto Jordan. The
Allon Plan as it became known had a signicant
impact on Israeli settlement policy. A comparison
between the Allon Plan map and the current situation
on the ground demonstrates clearly the continuity o
Israels territorial ambitions in the West Bank since 1967.
2. Key Facts
While the total built-up area o all the settlements is
1.2 percent o the West Bank, over 40 percent o the
West Bank is under the control o Israeli settlements
and related inrastructure such as settler bypass
roads, the Wall, checkpoints, and military bases.
In the same year that Israel evacuated its 8,200
settlers rom the Gaza Strip in 2005, its settler
population in the West Bank increased by some
12,000 settlers.
Incentives oered by the Israeli government have
succeeded in luring thousands o Israeli settlers to
the oPt. According to a poll conducted by the Israeli
organization Peace Now, 77 percent o surveyed
settlers live in the oPt or quality o lie reasons
and not or religious or national security reasons.
Accordingly, we can assume that with similar
incentives, these settlers could be persuaded to
evacuate the oPt.
Israeli settlers use 7 times the amount o water that
we use, per capita.
Though Israel claims that the Wall is being built or
security reasons, it actually serves to make deense o
its territory more difcult: the total length o the Wall
(as approved on 30 April 2006) is 711 km. Th is is more
than twice the 320 km length o the 1967 border.
3. International Law
Article 49(6) o the Fourth Geneva Convention,
ratied by Israel in 1951, states: The Occupying
Power shall not deport or transer parts o its own
civilian population into the territory it occupies.
In its July 9, 2004, Advisory Opinion on the Wall, the
International Court o Justice held that the Wall, along
with settlements, violates international law. It called
upon Israel to halt its construction, to dismantle
portions already built, and to provide reparations to
Palestinians or damages it has caused.
The Rome Statute o the International Criminal Court
o 1998 (Article 8(b)(viii)) denes the transer directly
or indirectly by the Occupying Power o parts o its
own civilian population into the territory it occupies
as a War Crime indictable by the International
Criminal Court.
United Nations (UN) Security Council Resolution
465 (1980): Israels policy and practices o settling
parts o its population and new immigrants in [the
Palestinian and other Arab territories occupied since
1967, including Jerusalem] constitute a fagrant
violation o the Fourth Geneva Convention and a
serious obstruction to achieving a comprehensive,
just and lasting peace in the Middle East. The
resolution calls on Israel to dismantle the existing
settlements.
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During the June 1967
war, Israel militarily
occupied the remaining
22 percent o historic
Palestine, comprising the
West Bank, including East
Jerusalem, and the Gaza
Strip. Only two weeks
ater the wars end, Israel
unilaterally expanded the
municipal border o East Jerusalem by legislative
act, declaring the application o Israeli law in
that expanded area, in eect annexing it to
Israel. The international community immediately
rejected Israels illegal annexation through the
United Nations Security Council Resolution 242.
Furthermore, within one month, Israel began
building illegal settlements in the oPt, in direct
violation o international law.
Unilaterally Redrawing Borders, Again
In 2002, Israel began constructing its Wall in the oPt
with the objective to unilaterally redraw the political
border o our prospective state. Israel has de-facto
annexed land that alls on the western side o the
Wall by severely restricting our access to these areas
while at the same time acilitating Israeli access to
them.
As an alarming signal, in October 2003, Israel declared
as a closed zone all o the land that alls between the
1967 border and the Wall in the northern West Bank.
Further, Israel began requiring that we obtain Israeli-
issued permits to continue to live on, or otherwise
access, this land.
2. Key Facts
The 1967 border is the internationally-recognized
border between Israel and the oPt. It draws
universal international community recognition and
support under international law, including through
the strict prohibition against the acquisition o
territory by orce.
The international community does not recognize
Israeli sovereignty over any part o the oPt, including
Jerusalem.
c. Borders and Related Issues
1. Summary
The delineation and demarcation o agreed upon
borders are central to reaching a two-state solution.
Our position on borders has undergone a signicant
transormation since 1948. Our national movement
once laid claim to its rights over all o historic Palestine.
Since 1988, however, in the interest o achieving peace
and ending the confict, we have accepted to establish
our state over 22 percent o historic Palestine, with East
Jerusalem as our capital (that is, encompassing all o the
territory occupied by Israel in 1967), while recognizing
Israel on the remaining 78 percent. Despite this historic
Palestinian compromise, Israel continues to attempt to
unilaterally re-draw the border between Israel and the
oPt, through construction o acts on the ground such
as the Wall and its settlement enterprise, both o whichdirectly violate international law.
The Borders of Palestine: A Brief Background
Historic Palestine (pre-1948) encompassed all o
Israel, the Gaza Strip, the West Bank and Jerusalem.
In 1922, historic Palestine came under British
Mandate, as authorized by the League o Nations.
In 1947, the United Nations General Assembly
recommended the partitioning o Palestine, against
the wishes o the majority o our inhabitants. The
Partition Plan allocated 55 percent o Palestine to a
Jewish state. At the time, Jews, most o whom were
recent immigrants, represented only 1 third o the
population and owned less than seven percent o
the land.
Almost immediately ater the Partition Plan
vote, organized Jewish militias began military
campaigns to seize control over even more o
historic Palestines territory than the UN partition
plan had proposed. On May 14, 1948, ater monthso military expansion, Zionist orces declared the
establishment o the State o Israel. The next day, six
Arab armies invaded, in an attempt to block Israels
expansion into those parts o Palestine allocated to
the Arab state. By the end o the war in 1949, Israel
controlled 78 percent o historic Palestine.
The 1967 border is theinternationally-recognized
border between Israel and the
oPt.
3. International Law
Article 2 o the Charte
o the United Nation
(1945), requires that [a]
Members shall rerain in the
international relations rom
the threat or use o orc
against the territorial integrit
or political independence o
any state, or in any other manner inconsistent wit
the Purposes o t he United Nations.
UN Security Council Resolution 242 (1967
emphasizes the inadmissibility o the acquisitio
o territory by warand calls or the [w]ithdrawal o
Israel armed orces rom territories occupied in th
recent confict.
The International Court o Justice, in its July 9, 200
Advisory, Opinion recognized the 1949 armistice lin
as the legitimate border o the West Bank and Gaz
Strip, holding that all Israeli expansion includin
settlement activities and Wall construction
contrary to its obligations as an occupying powe
and is illegal.
4. Our Position
An agreed resolution o border-related issues
required or a durable two-state solution. A numbe
o border-related issues will require negotiation durin
nal status talks, including:
Borders:
Our position is that the border o our state will be th
same as the borders o the West Bank and Gaza Stri
as they stood on the eve o Israels 1967 occupation
Our position is consistent with international law, whic
orbids Israel rom acquiring territory by orce. Thoug
Israel has no legal claim to any o the territory it occupie
in 1967, we are willing to discuss minor, reciprocal, an
mutually-agreed changes to the 1967 boundary, shoul
we decide that it is in our interest to do so.
Territorial Link:
A territorial link connecting the West Bank and thThe Wall separatingPalestinians rom theirlands, Bethlehem
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26 negoTiaTions affairs deParTmenT negoTiaTions Prim
Gaza Strip is crucial to the integrity o our state.
The link must provide or permanent unrestricted
movement o people, goods and vehicles between
the two geographic areas. It should also be able
to accommodate the transer o various resources
throughout Palestine (e.g., gas, water, electricity, etc.).
A sae passage or transit arrangement allowing such
movement under an agreed regime will be necessary
until a permanent territorial link is ully operational.
Such sae passage arrangements also should remain
in eect ater the territorial link becomes operational
as an alternative means o connection between the
West Bank and Gaza Strip should the operation o the
territorial link be disrupted.
Maritime Boundary Issues:
Maritime issues pertain both to the coastal areas o the
Gaza Strip and to the Dead Sea. Our maritime borders
must be equitably delineated, not only with Israel, but
also with our other maritime neighbors (Egypt, Cyprus
and Jordan). Our rights within these borders also must
be addressed, including rights to natural resources
ound in such areas. We must be awarded our ull
array o maritime rights u nder international law, which
entitle a coastal state to several maritime zones, each
with diering rights and responsibilities. Finally, we
also will need to agree how to manage any resources
shared with neighboring countries.
d. Water
1. Summary
The Middle East is one o the worlds most water-stressed
regions. It is thereore essential that water is shared
equitably. Since its 1967 occupation o the oPt, Israel
has completely controlled our water resources and
deprived us o access to a sucient share o water, in
violation o international law. Instead, Israel has used
our water resources or its illegal settlements and its
own population, orcing our communities to purchase
water rom Israeli companies at high commercial prices.
Water Consumption
The main sources o water shared by Israelis and
Palestinians are (i) surace water, including the Jordan
River and Wadi Gaza, and (ii) groundwater sources, or
aquiers, lying under the occupied West Bank and Gaza
Strip.
Israel utilizes approximately 86 percent o availableshared resh water resources (including groundwater
resources and surace water resources), leaving our
population with less than 14 percent. This comes
despite the act that the great majority o the
areas where the various aquier basins are ed, or
recharged, lie within the oPt. I water resources were
shared on the basis o equal per capita shares today,
given the population breakdown, we would receive
approximately 38 percent o the total resource, instead
o the above mentioned 14 percent.
As a result, each Palestinian living in the oPt receives
an average o less than 60 liters per capita per day or
domestic purposes, versus 280 liters per capita per day
or an average Israeli. On average, we survive on much
less than the 100 liters per day recommended by the
World Health Organization as the minimum per capita
water availability.
Israel utilizes approximately 86 percent o available shared resh water
resources (including groundwater resources and surace water resources), leavingour population with less than 14 percent.
ISRAELI OCCUPIED
WEST BANK
DEAD
SE A
M E D I T E R R A N E A NS E A
ISRAEL
Latrun
Valley
Betar
Ariel
Modi'in
Illit
Ma'ale
Adumim
Jenin
TubasTulkarm
Qalqilya
Nablus
Salfit
Ramallah
Jerusalem
Bethlehem
Hebron
Jericho
Gaza
Jaffa
Tel-Aviv
Lid
Ramlah
Bir Saba
Bisan
JORDAN
1967 Boundary(Green Line)
Very low
Low to medium
Medium to high
Very high
Dry / Eroded
Israeli settlement built-upareas
Aquifers boundaries
Wall route approved byIsraels cabinet as of30 April 2006
Water Productivity Levels
10 Km
NAD-NSU
Water Productivity of the Mountain Aquifers
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28 negoTiaTions affairs deParTmenT negoTiaTions Prim
water. Around 60 percent o diseases in the Gaza
Strip result rom poor water quality. According to
the World Bank and United Nations Environment
Programme (UNEP) reports, only ve to ten percent
o drinking-water wells in Gaza are suitable or the
provision o sae drinking water.
Total Water Consumption in 2010million cubic meters (MCM)
Water Allocations for Domestic Use on
a Per Capita Basis(cubic meters/person/year)
3. International Law
International water law determines the wate
rights o the parties. Applicable standards includ
those identied in the Helsinki Rules on the Use
o the Waters o International Rivers o 1966 an
the 1997 United Nations (UN) Convention on th
Law o the Non-Navigational Uses o Internation
Watercourses.
International water law calls or the equitab
and reasonable allocation o water among th
two or more parties that possess a claim to share
watercourses.
The right to water is a human right. The U
Committee on Economic, Social and Cultura
Rights has noted: The human right to water
indispensable or leading a lie in human dignity. is a prerequisite or the realization o other huma
rights.
4. Our Position
The attainment o water rights and the air allocation o
water are required or a successul two-state solutio
and uture political stability in the region. Water issue
are linked to, and impact numerous other issues to b
negotiated, including borders, settlements, econom
relations and reugees, among others.
We must have control over and access to our wate
resources. We accept the principle o internation
water law stipulating that both Israel and Palestin
are entitled to an equitable and reasonable allocatio
o shared reshwater resources, including those in th
our main aquiers (Eastern, North-Eastern, Wester
and Coastal), the Jordan R iver, and Wadi Gaza.
2500
2000
1500
1000
500
0
Israel(7.2 million)
2,100
Palestine(4.0 million)
300
120
100
80
60
40
20
0
oPtIsrael
Mid-1980s
2003
Israeli Control of Water
Since 1967, Israel has assumed near complete control
over all our water resources, thus depriving us o our
right to access and control one o our essential natural
resources. Discriminatory measures adopted by Israeli
authorities include:
Restricting our drilling o new water wells (especially
in the Western Basin)
Restricting our pumping or deepening o existing
wells
Denying us access to the Jordan River since 1967
Restricting our access to areas with resh water
springs
Limiting our ability to utilize surace water (i.e.
harvesting fash food water rom major valleys)
Limiting our ability to develop water and sewage
inrastructure
At the same time, wells or Israeli settlements, many o
which are strategically located over areas characterized
by high groundwater potential, are approved without
delay and routinely drilled deep into the aquier.
Due to high pumping rates, these wells oten dry up
more shallow Palestinian wells located nearby. The
consequence o much o this Israeli action has been
to orce our communities to purchase water, at a high
cost, rom Israeli companies.
Israels unair use o our water resources continued
uninterrupted during the Oslo negotiations. Under
the 1995 Palestinian-Israeli Interim Agreement, we
were, according to the agreement, to develop 70-80
million cubic meters (MCM)/year o water as additional
quantities rom the Eastern Aquier and other agreed
sources in the West Bank, as a temporary measure
during the interim period only. This amount is itsel
ar below a reasonable and equitable allocation o
shared water resources. However, in practice, less than
hal that amount (24 MCM/year), on average, has been
made available to us by Israel to date. Meanwhile, our
population has doubled since the signing o the Oslo
agreement, meaning that the water available to us, per
capita, has allen dramatically.
During the pre-Oslo period in which Israel was solely
responsible or water-related issues in the oPt, Israel
ailed to invest adequately in water inrastructure to
serve our communities. Since the signing o the Interim
Agreement, Israel has consistently used the veto power
to prevent us rom undertaking projects designed to
develop groundwater resources in the West Bank.
In addition to utilizing a disproportionate amount
o water, Israeli settlements have caused signicant
environmental damage. Settlers discharge domestic,
agricultural and industrial wastewater and solid wastes
into nearby valleys without treatment. Polluting
industries, such as aluminum and plastics, as well
as waste disposal sites, have been transerred into
the West Bank, particularly over the past 20 years as
environmental controls in Israel have tightened. Thesepractices threaten the quality o the groundwater and
the surace water resources shared by the two parties.
2. Key Facts
Israel draws water rom Lake Tiberias (Sea o Galilee)
and transports it out o the Jordan River Basin
to coastal cities and the Naqab (Negev) Desert
through the National Water Carrier. The amount o
water diverted (about 440 to 600 MCM/yr) is such
that no natural water fows naturally out o Lake
Tiberias, to the lower part o the Jordan River. This
is one o the main reasons or the decrease in the
water level o the Dead Sea.
The availability o resh water to us has decreased
markedly on a per capita basis since the 1995
Interim Agreement.
The per capita consumption o water in Israel is over
our times greater than that in the oPt.
The groundwater in Gaza is in a state o crisis,
due to massive Israeli pumping rom large wells
surrounding Gaza, by over-pumping inside Gaza
in reaction to Israeli imposed water scarcity, and
due to contamination resulting rom the orgoing
two actors and the Gaza Strips dearth o waste
processing capacity. As a result, the great majority
o our population in Gaza has no sae drinking
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e. Reugees
1. Summary
No issue is more emblematic o the
20th century Palestinian experience
than the plight o the approximately
seven million Palestinian reugees. An
estimated 70 percent o all Palestinians
worldwide are reugees, while one
out o three reugees worldwide is
Palestinian. Approximately hal o
all Palestinian reugees are stateless.
For decades, Israel has denied our
reugees the right to return, violating
UNGA Resolution 194, while providing
or unettered Jewish immigration to
Israel.
Our reugees lack the most basic
human rights, suer rom inadequate
international protection and
assistance, and bear the brunt o the
ongoing confict with Israel. A just
resolution o the reugee issue one
that recognizes the right o return
and provides a range o meaningul
choices to our reugees is essential
to a successul negotiated solution to
the Israeli-Palestinian confict.
A Brief History of the Refugee Issue
From 1947 to 1949, more than
726,000 Palestinians were expelled
rom or orced to leave their homes
and became reugees prior to,
and immediately ollowing, Israels
statehood declaration. Many fed rom
direct military assaults, while others
fed rom ear o imminent assaults
by Jewish militias. Some 150,000
Palestinians remained in the areas oPalestine that became the State o
Israel, including 46,000 Palestinians
who were internally displaced during
the war. Israel has reused to allow
these internally displaced Palestinians
to return to their homes and villages.
Palestinian Refugees in the Region, as registered by UNRWA
Ashshati Reugee Camp,Gaza Strip
Jabalia
Maghazi
AshShati
Fawwar
Arrub
Duheisha
BeitJibrinAyda
EinSultan
Shu'fat
Qalandia
Amari
DeirAmmar
Jenin
Balata
Far'aTulkarem
CampNo.1
Jalazun
NurShams
Askar
AqbatJaber
Bureij
Nuseirat
Rafah
KhanYunis
DeirAlBalah
Dbayeh
NahrAl-Bared
Beddawi
Shatila
Wavel
ElBussBurjShemali
Rashidieh
Talbieh
Irbid
Husn
Souf
Jerash
Zarqa
Baqa'a
Marka
AmmanNewCamp(Wihdat)
Jabalel-Hussein
Jaramana
Sbeineh QabrEssit
KhanDanoun
KhanEshieh
EinElHilweh
MiehMieh
Dera'a
Dera'aEmergency
MarElias
BurjBarajneh
Yarmouk
Hama
Homs
Latakia
Neirab
EinAlTal
G a l i l e e LakeTiberias
DEAD
SEA
M E D I T E R R A N E A N
SE A
JORDAN
LEBANON
Jordan
R
iver
SYRI A
G a z a
S t r i p
ISRAEL
WEST BANK
JaffaTel-Aviv
Akka
Nazareth
Haifa
Safad
Bir Saba
Beirut
Baalbek
Sour
Tripoli
Saida
Damascus
Amman
Golan
100000
50000
Palestinian population
in refugee camps
accourding to UNRWA10000
6%6.5% 9%
28%24%
26.5%
Rest of
the WorldJordan
Occupied Palestinian
Territory
Lebanon
SyriaOther Arab
Countries
Palestinian Refugee Population7.1 million
Source: PCBS, 2008
NAD-NSU
25Km0
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2 negoTiaTions affairs deParTmenT negoTiaTions Prim
that is scattered all over the world, including in
most Arab states, Europe, and in North and South
America. Yet, while the Israeli Law o Return allows
any Jew residing anywhere in the world to live in
Israel and the oPt, irrespective o direct lineage
in the territory, those o us that are native born
and possess the keys to our homes and titles to
property in historic Palestine are denied the right
even to visit our amilies, property and ancestral
homeland.
3. International Law
In 1948, in response to the mass displacement o
our reugees, the United Nations General Assembly
passed Resolution 194, including paragraph 11, which
provides, in part, that:
the [Palestinian] reugees wishing to return to theirhomes and live at peace with their neighbors should be
permitted to do so at the earliest practicable date, and
that compensation should be paid or the property o
those choosing not to return and or loss o or d amage to
property which, under principles o international law or
in equity, should be made good by the Governments or
authorities responsible.
Resolution 194 endorsed the right o our reugees to
choose whether to repatriate to what is now Israel or
to be resettled elsewhere, and codied the accepted
principles o customary international law. It has been
rearmed by the General Assembly every year since its
adoption.
The right o return is also well-established under other
international law, including:
The Universal Declaration o Human Rights
(adopted in 1948): Everyone has the right to leave
any country, including his own, and to return to his
country(Art. 13(2)).
The International Covenant on Civil and Political
Rights: No one shall be arbitrarily deprived o the
right to enter his own country(Art. 12(4)).
The UN Sub-Commission on Human Rights
Principles on Housing and Property Restitution
or Reugees and Displaced Persons: All Reugees
and displaced persons have the right to voluntari
return to their ormer homes, lands or places o
habitual residence, in saety and dignity (Ar
10.1) Reugees and displaced persons shoul
be able to eectively pursue durable solutions t
displacement other than return, i they so wish
without prejudicing their right to the restitution o
their housing, land and property(Art. 10.3).
The UN Committee on the Elimination o Raci
Discrimination: The Committee is concerne
about the denial o the right o many Palestinian
to return and repossess their land in Israel (Artic
5 (d) (ii) and (v)). The Committee reiterates its vie
expressed in its previous concluding observation
on this issue and urges the State party to assur
equality in the right to return to ones country an
in the possession o property(Art. 18).
4. Our Position
Our vision to end the confict is comprised o three part
the establishment o a Palestinian state in the West Ban
and the Gaza Strip, with East Jerusalem as its capital;
just and agreed upon solution to our reugee issue i
accordance with UN General Assembly Resolution 19
and compensation in order to end claims. Our positio
on reugees is also included and supported in the Ara
Peace Initiative (API), which calls or a just solution t
the Palestinian reugee problem to be agreed upon i
accordance with UN General Assembly Resolution 194
A just solution to the reugee issue must address tw
aspects: the right o return and reparations.
Right of Return
Key to the resolution o the reugee issue is Israel
recognition o the applicable principles and rights o
the reugees, including our reugeesright to return t
their homes and lands. Israels recognition o the rig
o return will pave the way to negotiating how tha
right will be implemented. Choice is a critical part o
the process. Our reugees must be allowed to choos
how to implement their rights and normalize the
status. The options or our reugees should be: retur
to Israel, return/resettlement to a uture Palestinia
state, integration in their current host states, o
resettlement to third-party states. Rehabilitatio
including proessional training, education, medic
During Israels 1967 military occupation o the oPt,
roughly 300,000 Palestinians were orced to leave their
homes in the West Bank and the Gaza Strip to ot her parts
o the oPt as well as across regional borders. Among
this new wave o feeing Palestinians, approximately
120,000 had previously been displaced in 1948. Since
1967, we have continued to ace displacement rom
and within the oPt as a result o Israeli policies that
include home demolition, eviction, land conscation,
residency revocation, construction o settlements and
the Wall, and the massive supporting Israeli military
presence. Neither the 1948 reugees nor the 1967
reugees and displaced persons have been allowed
by Israel to return to their homes within what are now
Israel and the oPt.
Our people that were expelled or fed the violence
in and around 1948 were eectively denationalized
by Israels parliament in 1952. Their properties weresei