General Principles
The interim arrangements, for five years, will be based on the following
principles:
1. Establishment of Interim Self-Government Arrangements for the Palestinians
of the territories; thus, they will administer their affairs in the agreed
spheres of operations that affect their own lives. The ISGA will
have those powers and responsibilities, which will be allocated to it in
the agreement.
2. Maintaining the links and ensuring the freedom of movement between
Judea, Samaria, Gaza district and Israel; thus, during the interim arrangements'
period, there are spheres of operation that affect:
- Israel, the territories, and the interaction between them;
and
- between Israeli citizens and Palestinians in the territories, that
should be handled by the ISGA Administrative Council in coordination and
cooperation with the designated organs of t he Government of Israel, taking
into consideration the concerns of both populations and providing for the
benefit of all.
3. Certain areas that affect Israel's basic rights and interests, and residual
powers, including in particular, security and Israelis in the territories,
will remain Israel's responsibility and will be operated by Israel.
4. Maintaining the traditional ties between the Palestinian inhabitants
and Jordan; thus, Jordan's participation in the interim arrangements can
be of benefit for all.
Structural Configuration of the Interim Self-Government Arrangements
The organs of the interim self-government arrangements must reflect
the administrative-functional characteristic of the power and responsibilities,
which will be delegated to them, according to the agreement.
1. Principles for Structural Configuration
The powers and responsibilities of the ISGA, will be operated
by one, freely elected, administrative functional body-an Administrative
Council.
The number of its members will be determined in accordance with the
functional-administrative domains that will be operated by it, and will
not exceed 15 members.
The Administrative Council will select its own chairman from among
its members, and allocate the spheres of operation among its members.
2. Election
The Administrative Council will be elected by the Palestinians of the
territories from among the Palestinians of the territories, in accordance
with the agreed modalities. The elections will be free, based on
the preservation of the rights of peaceful assembly, free expression and
secret ballot, and appropriate measures to prevent disruption and disorder.
Israelis will not participate in the elections for the Administrative Council.
3. Jurisdiction
In operating their designated spheres of operations, the freely elected
Administrative Council will have jurisdiction in the framework of the agreed
administrative-functional arrangements.
The powers and responsibilities of the Administrative Council will not
apply to the Israeli security forces and authorities, nor to Israeli civilians
in the territories.
4. Liaison and Dispute Resolution
The cooperation and coordination regime requires a multi-level system
of liaison between the organs of the Administrative Council and various
Israeli government authorities and the Jordanian government. The
multi-level liaison system will comprise of:
A high liaison and coordination committee;
Liaison committees in the various spheres of operation;
Special liaison committees to deal with special matters.
In a number of areas a monitoring process may accompany the implementation
of the agreements and understandings. A "trial and error" period
may hence be required for necessary adjustments in accordance with the
experience that will be gained. The liaison mechanisms could serve
this purpose too.
General Powers of the Administrative Council
The Administrative Council, as one functional body, will have the following
general powers and responsibilities:
Power to promulgate regulations in its spheres of operations,
subject to the agreement, including arrangements for coordination and cooperation
with Israel and Jordan.
Power to enter into contracts, sue and be sued, and decide on administrative
matters relating to the operation of their spheres of operations, such
as:
- budget and financing;
- allocation of functions;
- supervise and audit its sections' operations.
Spheres of Operation of the Administrative Council
1. Administration of Justice
This sphere of operations contains the administration and supervision
of the various judicial systems and services in the territories, relating
to the Palestinian population:
Operating the various systems of local courts (including
general and municipal courts systems);
Establishment of new tribunals, dealing with specific matters, within
the framework of the existing legislation and the agreement;
Appointment of judges and court officials;
Issue regulations on procedural matters;
Operating the central and district prosecution system; Operating
the central and district execution offices; Publication of courts' decisions
and other official documents;
Fixing the level of court fees;
Dealing with the process of mitigation and pardon of convicted criminal
prisoners;
Rendering registration services of companies, partnerships, voluntary
associations, etc.;
Rendering registration services of patents and trademark;
Rendering notary services like: verification of signature, authentication
of documents;
Rendering services of relevant professional councils: lawyers, accountants
and assessors;
Licensing of lawyers, accountants and assessors;
Rendering legal aid for the needy.
The implementation of some of these powers and responsibilities, by this
designated organ of the Administrative Council, should be coordinated with
the parallel sections of the Government of Israel and Government of Jordan,
as appropriate, and in accordance with the agreement, taking into account
the Israeli courts jurisdiction that would apply in certain spheres -
security related and Israelis' related.
Topics for Discussion (E.G.)
Relationship between the legal systems applying in the territories.
Procedures concerning legal reciprocity and the execution of judgments
between the ISGA and Israeli
Authorities (including the delivery of documents, summoning of witnesses,
etc.).
Registration of companies - exchange of information between Israeli
authorities and the ISGA
Administrative Council.
Registration of patents and trademarks - agreed mutual arrangements
between the Israeli authorities and the ISGA Administrative Council.
Activities of Israeli and foreign corporations.
Status of the Cessation court.
2. Administration of Personnel Matters
This sphere of operation contains all administrative matters related
to the organs of the Administrative Council:
Establishing the Council's organs and determining their organizational
configurations;
Defining the powers and responsibilities of all employees, together
with their duties and obligations, on one hand, and their rights, on the
other;
Determining the terms of employment of personnel and their salaries;
Ongoing management of all employee affairs;
Organizing general and professional training.
The main body of employees of the organs of the Administrative Council
will naturally consist of the present 20000 employees of the Civil Administration.
Topics for discussions (E.G.)
Status and guarantee of the accumulated rights of the existing employees.
Recruiting new employees.
Employment of residents of Israel in the ISGA organs.
3. Agriculture
This sphere of operations will contain the administration and supervision
of all branches of agriculture, livestock and fisheries:
Developing, planning and regulating production of agricultural
products;
Supervising marketing and distribution of agricultural products,
including imports and exports;
Veterinary super-vision and containing of agricultural diseases;
Agricultural instruction and inspection.
The links between Israel and the territories, especially in the agricultural
sphere, are beneficial to all. They are also necessary. Therefore,
they require arrangements for cooperation and coordination in some of the
agricultural spheres of operations, to be fulfilled by experts from Israel,
Jordan as appropriate, and the designated organ of the Administrative Council.
Topics for discussions (E.G.)
Marketing arrangements for agricultural products from the territories
in Israel and of Israeli products in the territories.
Exports to Jordan through the Jordan bridges and to Egypt through
the Rafah Crossing.
Exports through Israeli ports.
Standards and report procedures concerning plant and animal diseases.
Protection of flora and fauna.
4. Ecology
This new sphere of operations contains three major areas of powers
and responsibilities:
Developing, setting up and operating environmental projects,
such as:
- sites and facilities for the disposal of refuse of all kinds;
- effluent treatment systems including sewage;
- solid waste treatment;
- toxic-waste treatment.
Developing, setting up and operating environmental monitoring systems
in areas such as:
- air an water quality;
- noise prevention.
Supervision of beaches and public bathing places.
Environmental education.
Due to the impacts of some of these areas of operation on both the populations
of Israel and the territories, environmental operations in the territories
should be set up in cooperation with the designated professional Israeli
agencies.
Topics for discussions (E.G.)
Sewage.
Solid waste.
Hazardous waste.
Mosquitoes and other pests control.
5. Education and Culture
This sphere of operations relates to the whole network of educational
and research institutions in the territories, from kindergarten to higher
education:
Operation of the governmental network of learning institutions,
in accordance with the existing educational system;
Supervision of nongovernmental educational institutions, including
colleges and universities;
Supervision of scientific-research institutions and activities;
Development and administration of cultural, artistic and sporting
activities.
Topics for discussions (E.G.)
Archaeological research and sites preservation.
Arrangements for preventing incitement and subversion inside the
educational and cultural systems.
6. Finance, Budget and Taxation
This sphere of operation, which is the central economic organ of the
Administrative Council, contains the following powers and responsibilities:
Preparation of the budget of the Administrative Council and
its allocation among its various divisions;
Management and ad-ministration of the revenues of the Administrative
Council, namely: taxation - e.g., income and property taxes; grants and
loans.
Accounting the disbursing of the Administrative Council's budget
and other financial transactions.
Supervising and regulating the activities of the insurance companies
operating in the territories;
The basic reality of economic ties between Israel and the territories,
which is vital and beneficial for both their populations, requires economic
coordination and cooperation as well as mutual adjustments of economic,
fiscal and monetary policies.
The application of this sphere to both economies, including in the sphere
of industry and commerce, agriculture, as well as other issues, and Jordanian-related
aspects, will be further elaborated.
7. Health
This vital sphere of operation contains the following major areas of
professional activities:
Operation of governmental medical institutions: hospitals,
clinics and laboratories;;
Supervision of nongovernmental health services and institutions;
Operating the medical insurance program;
Operating the preventative medicine and immunization programs;
Supervision of the production, importation and marketing of pharmaceuticals;
Environmental health supervision;
Licensing of medical and paramedical professions.
Note: During the previous rounds of negotiations
we presented a detailed and comprehensive description of this sphere of
operations. We also suggested that, notwithstanding the continuation
of the negotiations, a delegation of powers and responsibilities will take
place, from the Civil Administration to a professional designated organ,
which will operate this sphere in an agreed framework, may immediately
be negotiated and implemented.
Topics for discussions (E.G.)
Immunization and anti-epidemic arrangements.
Hospitalization, ambulatory and laboratory services in Israel as
requested.
Training of medical personnel in Israel as requested.
Medical insurance for employees from the territories in Israel.
Supervision of food quality.
8. Industry and Commerce
This sphere of operations contains several economic powers and responsibilities:
Developing and encouraging industrial and commercial projects
by:
- direct investments.
- investment incentives.
- loans and grants;
Promoting industrial research and development in order to facilitate
advanced industry;
Supervision of prices;
Supervision of fair trading practices;
Licensing of factories and industrial enterprises;
It is self-understood, based on the freedom of movement concept, that discharging
these powers and responsibilities by this organ of the Administrative Council,
must be based on an overall cooperation and coordination arrangements with
Israeli designated authorities.
Topics for discussions (E.G.)
Mutual movement of goods and commodities.
Standards, product labeling, etc.
Import and export through Israeli ports.
Import and export through the Jordan bridges.
Supply of oil and gas.
Regulating and supervising the distribution of vital products.
The relationship and application of Israel's free trade are agreements
to the interim arrangements. The above will be further elaborated.
9. Labor and Employment
This sphere of operations will render labor and employment services
to the population in the territories, including:
Providing the essential connection between entrepreneurs,
those who seek workers, and those who seek employment, by:
- operating labor exchange and employment offices;
- Providing opportunities to learn or change occupation, by operating
occupational training services.
- Licensing of cooperatives;
Ensuring that workers will enjoy proper working conditions, rights and
payment, by:
- supervising the adherence of the employers of the labor laws
and regulations, and implement safety and hygiene standards;
- supervising and assisting trade unions.
Administer the procedures for the employment of workers from the territories
inside Israel, by:
- connecting employers through the employment offices;
- dealing with permits for work in Israel;
- advising workers on employment conditions, rights and wages;
- processing claims for social benefits and compensation of these workers.
The employment of workers in the territories in Israel is beneficial to
the economies of both Israel and the territories and it is in the interest
of both population that this connection continue. Cooperation and
coordination in this sphere is essential from legal, economic and social
points of view, and due to security considerations.
Direct connection between the employment offices of Israel and the Administrative
Council, will facilitate procedures of employment in Israel.
Topics for discussions (E.G.)
Mutual employment procedure.
10. Local Police
This sphere of operation will include the establishment of a local
police force, for the implementation of police tasks to be agreed upon.
It should be noted that the overall responsibility for maintaining security
in the territories during the ISGA period will remain with Israel.
In this framework the local police tasks may include enforcement of
law in areas related to the Palestinians in the territories, such as:
A. Criminal offenses including offenses dealt now by military
courts, such as drug traffic offenses, trespass and tax fraud.
B. Police tasks such as security of Administrative Council installations
and personalities, minor offenses, implementation of court arrest orders,
carrying out of our judgments.
C. Mutual assistance between the local police and the Israeli police
through service of summons, implementation of arrest orders and carrying
out of court judgments.
D. Dealing and assisting with public judgment orders in areas to
be agreed upon in the negotiations.
E. Operating prisoners for criminal offenders.
F. Jordanian involvement in the establishment, training and operation
of the police is positively viewed and should be negotiated.
Note: As to the security aspects involved,
the Israel security forces and police must maintain discretion in matters
pertaining to security as determined by them, which may be brought to military
courts.
Topics for discussions (E.G.)
A. Establishment and structure of the local police force and recruitment
thereto.
B. Cooperation between the Israeli and the local police.
C. Powers and jurisdiction of the local police and its officers.
D. Size and arms.
E. Rules of engagement.
F. Review following initial period of the police functioning.
The above is to be further elaborated in the negotiations.
11. Local Transportation and Communication
The transportation section will deal with the following function:
- traffic regulation and signs;
- regulations, licensing and supervision of public transportation services;
- responsibility for safety and anti-pollution regulations and standards;
- road maintenance
- registry, licensing and inspection of drivers, vehicles and heavy
engineering equipment;
- supervision of adherence to compulsory insurance regulations;
- licensing and supervision of driving schools and driving courses;
licensing and supervision of garages, auto workshops and spare parts regulations;
The communications section will deal with the following functions:
- Operation of local post offices and local Postal bank branches;
- responsibility for, distribution and collection of mail;
- Local telephone services; operation, installation and maintenance
of lines, exchanges and equipment; operation of payments collection.
The nature of these services requires various levels of cooperation, coordination,
strict supervision and trust, between this organ of the Administrative
Council and the concerned Israeli authorities. Subject to be further
elaborated.
Topics for discussions (E.G.)
Transportation:
Road markings and signs.
Vehicle purchase and the transfer of ownership between Israeli citizens
and residents of the territories.
Vehicle safety regulations and standards.
Vehicle traffic between the territories and Jordan.
12. Municipal Affairs
This sphere of operations includes two lavers of activities:
The local and municipal layer which deals with municipal
matters including: zoning, water supply, housing, sewage, electricity,
bylaws, etc.;
The central layers which deals with the following matters:
- Supervision 6f activities and meetings of the local authorities;
- Approval of regular and special local budgets;
- Supervision and approval of the financial expenditure, accounts and
tenders;
- Approval of loans and grants
- Supervision of local tax collection;
- Appointment of municipal officers (Mukhtars; village council members,
etc.);
- Changes of municipal status of localities;
- Coordination of local emergency services;
The vast and diversified areas of responsibilities, activities and operations,
require implementation of arrangements for cooperation and coordination
in some elements of this sphere of operations.
Topics for discussions (E.G.)
Cooperation between emergency services of the Administrative Council
and Israel.
13. Religious Affairs
This sphere of' operation will have responsibilities for rendering
religious services to Moslems, Christians, Samaritans, and other sects
in the territories.
These services shall include, inter alia:
Building and establishing new houses of worship and community
centers for the different denominations;
Preservation and operating of the Holy places and cemeteries of the
different denominations;
Assisting in organizing of major religious ceremonies;
Two major functions are the sole concern of the Moslem population:
Controlling and managing the Waqf money and assets;
Supervising and operating the Shari'a courts.
Note : Joint Holy places in t he territories
will be operated by Israel's authorities.
The Jewish Holy places in the territories will be operated
by Israels authorities.
Topics for discussions (E.G.)
The Jordanian aspects of these functions, including the Waqf administration.
14. Social Welfare
The welfare services which will be provided to the population in this
sphere of operation, are: Providing welfare services to families, youth,
elderly and hardship cases;
Health, economic and social rehabilitation for the needy;
Registration and supervision of charitable organizations and distribution
of voluntary contributions;
Operation of welfare institutions for needy persons, such as the
elderly, the retarded, the blind, juvenile delinquents, etc.
Administration of orphanages and adoption processes.
15. Tourism
This sphere of operations contains two main functions:
Tourist services, such as: Licensing and supervision of hotels,
restaurants, tourist guides, tourist agencies, souvenir shops, etc.
Development, operation and supervision of tourist sites.
Topics for discussions (E.G.)
Cooperation in order to expand and encourage tourism in Israel and
the territories.
Reciprocal relations between tourist authorities and tourist services,
including exchange of information.
Training and licensing of tour guides.
Tourist crossing at the Allenby Bridge and Rafah- coordination and cooperation
of tourist aspects with Israel, Jordan and Egypt.
