[The plan, basically a detailed elaboration of the 14 January outline,
was approved by the PLO leadership in Tunis.]
From: The Palestinian side in the Jordanian-Palestinian
delegation.
To: The Israeli delegation.
The Palestinian delegation presented, on 14 January 1992, an outline
of the model for Palestinian Interim Self Governing Authority (PISGA),
as part of interim arrangements for self-government. That outline
is based on free elections under international supervision, and entails
the orderly transfer of the powers and responsibilities at present exercised
by the Israeli military and/or other Israeli authorities in the Occupied
Palestinian Territories (OPT), including Jerusalem, to the PISGA.
The establishment of PISGA would create a new authority based on the
will of the people, and would provide a framework under which the Palestinians
in the OPT, along with the Palestinians in exile, will be able to participate,
on an equal footing, in all negotiations leading to the permanent solution
of the Palestinian question in all its aspects.
The objective of the negotiations at this stage is to establish a Palestinian
Self-Governing Authority as part of the interim arrangements for a transitional
period. These proceedings must enable the Palestinian people to gain
control over political, economic and other decisions that affect their
lives and fate.
The acceptance, by the Palestinian people, of interim self-government
arrangements does not in any way prejudice the exercise of their legitimate
right to self-determination as embodied in the United Nations Charter and
in the UN resolutions affirming the inalienable rights of the Palestinian
people. The General Assembly of the UN, by Resolution 181
of 1947, has consecrated the right of the Palestinian people to self-determination
and statehood, and has affirmed the legal foundation of the independent
Arab State of Palestine.
The Palestinian people is resolved to establish its own independent
state. However, and after the conclusion of final status negotiations,
the Independent State of Palestine, established alongside the State of
Israel, would opt for a confederal relationship with Jordan.
The Letter of Invitation to the present negotiations states that these
should take place on the basis of resolutions 242 and 338,
which affirm the inadmissibility of acquisition of territory by war and
are the basis of the principle of the exchange of "Territory for Peace,"
and which demand a total Israeli withdrawal from the territories occupied
in 1967.
Security Council Resolution 242 also calls, inter alia, for achieving
a just solution of the refugee problem, on the basis of general Assembly
Resolution 194, which recognizes the right of the Palestinian refugees
to return to their homeland.
We also call your attention to the fact that the government of Israel
and its armed forces are bound by the Fourth Geneva Convention of 1949,
as well as by the Hague Regulations of 1907, which are applicable
to the OPT. UNSC Resolution 726, reaffirm that the Fourth
Geneva Convention is applicable to the totality of the Occupied Palestinian
Territory, including Jerusalem. Practices proscribed under the Geneva
Conventions, particularly, settlement activities, shall be halted ii-immediately,
and the consequences of earlier violations should be reversed.
In accordance with the above, the Palestinian delegation is willing
to put forward concrete and workable proposals. At this stage, however,
and while Israeli illegal practices impede our engagement in substantive
negotiations, we would like to recall the basic assumptions underlying
our participation in the process.
I. Throughout the centuries, Palestine has been the cradle where our
people's identity was shaped, the homeland of its collective soul.
The attachment of the people of Palestine to the land of Palestine is a
permanent feature of their ancient as well as contemporary history.
All the successive wars and occupations that have befallen our people
in the course of this century have not been able to erode this attachment.
The Palestinian people have struggled, and will continue to struggle for
freedom on the soil of their homeland until they achieve their inalienable
national rights, in accordance with international legality.
In this context, it is necessary to reaffirm that Jerusalem is an integral
part of the OPT, and that all transitional arrangements are applicable
to it. Its annexation, as well as the artificial extension of its
municipal boundaries, are illegal unilateral acts. As such they are
null and void, and therefore should be reversed. Jerusalem is also
a universal symbol and a repository of cultural creativity, spiritual enrichment
and religious tolerance, in tune with the long-standing traditions of openness
and generosity which have characterized our Palestinian people throughout
its long history. Jerusalem lies at the heart of our people's aspirations,
and we are committed to make it the capital of our future independent state.
The fact that the six million Palestinians, albeit physically tom between
occupation and exile, constitute one single people is another basic element
of our approach to peace. Their rights as a people must be respected.
Our people, inside and outside the OPT, including Jerusalem, have one
sole leadership. Thus our very presence here, in conformity with
the Palestinian Peace initiative of November 1988 and other relevant PNC
resolutions, derives from the unity of our national decision, and the unity
of our representation, which must be recognized in the course of the negotiating
process.
II. The Palestinian delegation is now presenting an expanded outline
of the Palestinian Interim Self-Government Arrangements: concepts, outline,
preliminary measures and elections modalities, which is based on the following:
1. Interim Self-Government Arrangements are by definition transitional.
The transitional period must lead, through a phased negotiated process,
to the full exercise of the legitimate rights of the Palestinian people.
The success of such a process and the attainment of peace can only materialize
if the Palestinian Interim Self-Governing Authority (PISGA), fully assumes
powers and responsibilities throughout the OPT, including Jerusalem.
2.The Palestinians in the OPT, including Jerusalem, have the right and
the wish to govern themselves according to democratic principles, through
free elections. The PISGA should be an embodiment of the principle
of democratic government - "By the People, of the People, for the People."
We have entered and remained in this process of bilateral negotiations
with open hearts, open minds and sincere intentions in order to achieve
a just and comprehensive settlement.
The Palestinian delegation, expressing the will of the Palestinian people
inside and outside the OPT, emphasizes once again that the only way to
pursue negotiations and engage them on the path of progress is a commitment,
on the part of Israel - the occupying power - to abide by the provisions
of international law and to implement, de jure, the Fourth Geneva Convention,
thus bringing an immediate halt to all forms of settlement activities.
The continuation of these activities does not only impede our engagement
into the following phases of negotiation on interim agreements. It
also threatens to destroy the peace-process as a whole.
The Palestinian delegation hereby presents its full vision of the interim
arrangements on the way to peace, including the holding of free elections
based on universal suffrage and conducted by secret ballot, under international
supervision, to provide the Palestinians in the OPT, including Jerusalem,
with the democratic modalities, structures and institutions needed for
the free exercise of their political will. It however considers peace
as a global process, starting with the cessation of all illegal settlement
activities all the way to the implementation of PISGA.
Israel's position vis-à-vis this key issue determines the continuation
or the collapse of the very process making peace possible in our area.
The choice rests with Israel: either to move on the road to peace" or to
continue on the road to settlement.
This proposal constitutes a new and important contribution, by the Palestinian
side, to the progress of the negotiations, and we hope that the Israeli
side will respond to it in a similarly positive and constructive spirit.
Part One: Concepts and Outline of PISGA
I. Introduction
The immediate objective of the Palestinian-Israeli bilateral talks,
as laid out in the cosponsor's letter of invitation of 18 October 1991,
is to negotiate interim self-government arrangements. These talks
are conducted within the context of international legitimacy, which recognizes
the right of the Palestinian people to self-determination.
The interim self-government arrangements are also intended to provide
the basis for the second stage of negotiations on the permanent status
of the West Bank including Jerusalem, the Gaza Strip and al Himmah.
According to United Nations Security Council Resolutions 242 and
338,
the Fourth Geneva Convention and the Hague Regulations, these
areas are occupied territories, and Israel is a belligerent occupant. (These
territories are hereafter referred to as the Occupied Palestinian Territory
- OPT).
The Palestinian people have accepted to negotiate interim self-government
arrangements, in a phased approach that would allow them, in the second
and final phase, the free exercise of their legitimate right to self-determination.
Moreover, the Palestinians in the OPT and in exile are one people, and
the interim self-government arrangements should facilitate the exercise
of the legitimate rights of those in exile, who will participate in the
second phase of the negotiations to determine the final status of the OPT
and achieve a comprehensive settlement of the Palestine question in all
its aspects.
II. The Transitional Nature of the Interim Phase
According to the cosponsors' letter of invitation, the entire negotiating
process we have embarked upon, including the "negotiations along two tracks",
are "based on United Nations Security Council Resolutions 242 and
338."
These resolutions stipulate that Israel's acquisition of the territories
it occupied in the 1967 war is inadmissible, and are the basis of the principle
of the exchange of territory for peace. It should be clear that resolutions
242 and 338 must guide all phases of the negotiations.
They must be fully implemented by the final stage.
The interim phase, therefore, does not constitute a regime, which would
be stabilized short of self-determination. It represents, on the
contrary, a framework where by resolutions 242, 338, and
international legality shall be implemented.
III. Authority in the Interim Phase
The term "interim self-government arrangements" can only mean arrangements
for an interim self-government: a central, political entity that allows
the Palestinian people in the OPT to govern themselves by themselves.
The Palestinians in the OPT have the right and have expressed the wish
to govern themselves according to democratic principles, i.e., through
free elections without external interference.
The success of the transitional process is only possible if the PISGA
is vested with all the powers of a true self-governing authority.
All the powers presently exercised by the military government and civil
administration of the occupier should be transferred to the PISGA upon
its election and inauguration.
IV. Powers and Responsibilities of the PISGA
1. Being the representative of the Palestinian people in the OPT, the
PISGA's authority is vested in it by them. Its powers and responsibilities
cannot be delegated by a foreign authority. Israel was never entitled
to sovereignty over the OPT, but rather has exercised certain powers as
a belligerent occupant since the entry of its armed forces into the areas
occupied in 1967. With the start of the interim phase, and the abolition
of the Israeli military government and civil administration, Israel shall
cease to enjoy all these powers, which shall be assumed by the PISGA.
2. There should be no limitations on the powers and responsibilities
of the PISGA, except those which derive from its character as an interim
arrangement and from the mutually agreed outcome of the peace process.
3. In order for the PISGA to exercise freely its powers and responsibilities,
and be assured a peaceful and orderly transfer of all powers to it, the
Israeli armed forces shall complete their withdrawal in phases to mutually-agreed
specific redeployment points along the borders of the OPT by the time the
PISGA is inaugurated.
4. The jurisdiction of the PISGA should extend to all of the OPT, including
its land, natural resources, water, sub-soil, territorial sea, exclusive
economic zone and air space. The PISGA shall exercise its jurisdiction
throughout the Occupied Palestinian Territory.
5. The PISGA should have legislative powers. The transition from
the state of occupation to the final status necessitates the assumption
of such powers. No self-governing authority can function without
having the power to enact, amend and abrogate laws.
6. The PISGA should wield executive power. It should formulate
and implement its policy without any foreign control.
7. The PISGA shall determine the spheres, objectives and means of cooperation
with any states, groups of states or international bodies, and shall be
empowered to conclude binding cooperation agreements free of any foreign
control.
8. The PISGA should administer justice through an independent judiciary,
exercising sole and exclusive jurisdiction throughout the OPT.
9. The PISGA should establish a strong police force responsible for
security and public order in the OPT.
10. The PISGA can request the assistance of a UN peace-keeping force.
I. 1. A standing committee should be established from representatives
of the five permanent members of the UN Security Council, the Secretary
General of the United Nations, the PISGA, Jordan, Egypt, Syria and Israel,
to supervise the implementation of the self-government arrangements during
the interim phase and settle disputes arising there from.
Part Two: Preliminaries for the Interim Phase
1. The conclusion of the negotiations on the interim phase and the establishment
of the PISGA require implementation of a number of necessary preliminary
measures and the provision of appropriate conditions for the conduct of
elections.
2. The period between the commencement of the peace process on 29 October
1991 and the elections for PISGA and its subsequent inauguration on a date
no later than 29 October 1992, during which these preliminary measures
are to be implemented, constitutes a preliminary phase.
3. The Fourth Geneva Convention and Hague Regulations,
and United Nations Security Council Resolutions 242, 338,
and 726, provide the basis and principle for the implementation
of the above.
4. During its prolonged occupation of the Palestinian Territory, the
Israeli military government and the Israeli government have diverged increasingly
since 1967 from the principles laid down in the Hague Regulations
of 1907, the Fourth Geneva Convention of 1949, United Nations Security
Council 242 and 338, and other international conventions
and standards.
5. The Israeli authorities have introduced illegally a large number
of substantial changes into the body of law applicable in the OPT, which
have made possible the establishment and expansion of illegal Israeli settlements.
These changes have resulted in the creation of a system approaching apartheid.
The consolidation of the system undermines the short and long-term objectives
of the ongoing peace process.
6. Discriminatory and extra-territorial legislation must therefore be
rescinded and the issue of new military orders, whether in the guise of
primary or secondary legislation, must cease.
7. Dismantling the legal basis of this discriminatory system in the
OPT is necessary for the successful transition into the interim phase and
for the ultimate success of the peace process as a whole.
8. In order to establish the proper conditions for the conclusion of
the interim negotiations, the exercise of the powers and responsibilities
of the PISGA, and the conclusion of the second stage of negotiations on
the final status of the OPT, the Israeli authorities should immediately
implement the following measures with regard to land and natural resources:
a. Cease all settlement activity, including construction of
new settlements or expansion of existing ones, road construction and other
infrastructural activity.
b. Cease acquisition, by any means, of land, water and other natural
resources.
c. Refrain from any and all unilateral actions affecting the legal,
demographic or geographicstatus quo in the OPT.
d. Revoke military order 291 which suspended the land registration
process, thus allowing land registration to continue according to law.
e. Return all land and immovable properties seized under military order
58 on the basis of being absentee property.
9. In order to provide the proper atmosphere and conditions for the conduct
of the elections and the establishment of the PISGA, the Israeli authorities
should:
a. Release all Palestinian political prisoners, including administrative
detainees.
b. End the practice of administrative detention.
c. Allow the return of all deportees.
d. Revoke military order no. 224 that revived the 1945 Emergency Regulations.
e. Refrain from closing educational and other public institutions,
blocking economic activity, imposing curfews, or otherwise impending the
normal conduct of the daily lives of the Palestinian people in the OPT.
f. Refrain from all forms of collective punishment.
g. Lift all restrictions on Palestinian social, cultural, political
and economic activity, and formally revoke all military orders that affect
those areas of daily life in the OPT.
h. Provide full protection of, and free access to, religious sites.
i. Approve all pending family reunification applications.
j. Make available all public records regarding all aspects of the resources
and inhabitants of the OPT.
Part Three: Elections Modalities
1. The elections are intended to produce the legislative assembly of
the PISGA, comprising 180 members.
2. Basic principles:
a. The provisions of the Charter of the United Nations and
the Universal Declaration of Human Rights provide the universally accepted
basis for-the conduct of free elections.
b. The elections for the establishment of the PISGA constitute a significant
step towards realizing the national and political rights of the Palestinian
people in the OPT.
c. The PISGA should be the self-Governing authority which represents
the Palestinian people in the OPT. It should be freely elected on
the basis of the universal democratic principle of "by tile people, of
the people, for the people."
d. All guarantees should be provided for free elections. It is
necessary that elections be conducted and supervised by an international
body. All measures must be taken to guarantee that Israel should
not interfere in the elections in any way.
3. Purpose of the elections:
a. To enable the Palestinian people in the OPT to elect democratically
accountable representatives.
b. To provide a democratic basis for the establishment of the institutions
of the PISGA.
c. To give democratic legitimacy to the assumption of its powers and
responsibilities by the PISGA in the OPT during the interim phase.
4. Proper conditions. The preliminary measures mentioned in Part
Two of this document, including in particular an immediate halt to all
settlement activities, should be implemented before the elections.
Further steps must also be undertaken in order to provide the proper conditions
for the conduct of the elections, as follows:
a. Withdrawal of Israeli Army units, Border Police and other
military and paramilitary forces outside all populated areas and main communication
routes.
b. Disarming of Israeli settlers, disbanding of their paramilitary
formations, and guaranteeing their non-interference in the elections process.
c. The provision of international supervision (see below).
5. Full participation. In order to ensure full participation by the
Palestinian people in the OPT in the elections, the Israeli authorities
should guarantee full freedom of:
a. Political expression, including the end 0 f military censorship.
b. Access to, and establishment of, all forms of audio-visual or print
media.
c. Assembly.
d. Public election campaigning.
e. Political activity, including the formation of political parties.
f. Movement throughout the Occupied Palestinian Territory.
6. The various preliminary measures described above should be implemented
at least three months before the elections, and by a date not later than
31 July 1992
7. International supervision. International supervision is to
be provided by the United Nations, or any other appropriate and mutually
agreed international body. This international body shall provide
the following:
a. Designate a high commissioner to supervise the preparations
for, and conduct of, the elections. The commissioner's mandate will
continue at least until the inauguration of the Palestinian interim self-governing
authority.
b. Establish an international supervisory committee that, in addition
to assisting the high commissioner, will arbitrate disputes arising from
implementation and allocate responsibility.
c. Station IN or other international observers to ensure continued
respect of the above-mentioned preliminary measures.
d. Station UN or other appropriate international or multinational forces
to provide for public order during the elections.
e. There shall be free access throughout the OPT for the international
media as well as foreign visitors.
8. The elections:
a. The elections shall be conducted in accordance with an electoral
system endorsed by the international supervisory committee.
b. The elections shall be based on universal suffrage, and be conducted
by secret ballot.
c. The elections shall take place at least one month prior to the inauguration
of the PISGA, which is to take place at a date not later than 29 October
1992.
9. All Palestinians who, on 4 June 1967, were listed in the relevant official
population registers in any part of the West Bank including Jerusalem '
the Gaza Strip, and al-Himmah, and their descendants, have the right to
vote in the elections or stand as candidates.
10. In order that all Palestinians eligible to vote can exercise that
right, the Israeli military authorities should:
a. Facilitate the return of all powers displaced and/or deported
since 5 June 1967 and their descendants.
b. Submit all relevant population records for the preparation of electoral
registers.
c. Complete the above measures by a date not later than 31 July 1992,
under international supervision.