Palestinian Obligation

(Phase I)  

Actions Taken

Status

“Palestinian leadership issues an unequivocal statement reiterating Israel’s right to exist in peace and security and calling for an immediate and unconditional ceasefire to end armed activity and all acts of violence against Israelis anywhere.”

“Palestinians declare an unequivocal end to violence and terrorism.”

PM Abbas issued the following statement at the Aqaba Summit ( 4 June 2003 ):

“Our goal is two states, Israel and Palestine, living side by side in peace and security.”

“Together, we can achieve the goal of an independent Palestinian state….in the framework of a good neighbor with all states in the region, including Israel.”

“Let me be very clear: There will be no military solution to this conflict, so we repeat our denunciation and renunciation of terrorism against Israelis, wherever they might be. …We will exert all of our efforts using all of our resources to end the militarization of the intifada, and we will succeed. The armed intifada must end, and we must use and resort to peaceful means in our quest to end the occupation and the suffering of Palestinians and Israelis and to establish the Palestinian state.”

“Our goal is clear, and we will implement it firmly and without compromise: a complete end to violence and terrorism.” 

Past Actions Taken:

President Arafat called for a ceasefire stating:

“I reaffirm today the full and immediate cessation of all armed operations, particularly suicide attacks that we have always denounced, and we shall hold accountable all those who facilitate and plan them.”  (16 December 2001)

The Palestinian leadership issued the following statement:

“The Palestinian leadership affirms its condemnation of all forms of violence targeting Palestinian and Israeli civilians.  Attacks against Israeli civilians have seriously damaged the Palestinian cause on the international and public opinion levels and to Israeli public pro-peace groups….At this time we call upon all our people to practice restraint against Israeli provocative actions and escalations.”

(10 January 2003)

he Palestinian leadership issued the following statement:

“The Palestinian leadership welcomes President Bush and Colin Powell’s commitment to peace and security for the Palestinian people and our neighbors, the Israelis, on the basis of the founding of an independent democratic Palestinian state next to a secure Israel.”

(11 February 2003)

PA Prime Minister, Mahmoud Abbas, issued the following statement on 29 April 2003 to the Israeli government and the Israeli public:

“We want a lasting peace with you achieved through negotiations.”

“We denounce terrorism by any party and in all its shapes and forms both because of our religious and moral traditions and because we are convinced that such methods do not lend support to a just cause like ours, but rather destroy it.”

“I repeat, there is no military solution to this conflict.”

Palestine National Council accepted UN Security Council Resolution 242, expressly calling for “respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area…”  ( 15 November 1988)

Letter signed by President Arafat to Israel’s Prime Minister Yitzhak Rabin stated that “the PLO recognizes the right of the State of Israel to exist in peace and security.”  (9 September 1993)

Palestinian Charter formally amended by Palestine National Council to reflect September 1993 letter.  ( 24 April 1996)

Charter amendment reaffirmed by Palestine Central Council in Gaza meeting addressed by then-US President Clinton.  (14 December 1998)

COMPLETED

“Appointment of interim prime minister or cabinet with executive authority/decision-making body.”

Mahmoud Abbas is confirmed by the PLC as the PA Prime Minister. (29 April 2003)

COMPLETED

“Continued appointment of Palestinian ministers empowered to undertake fundamental reform.”

PM Abbas created a new PA Cabinet and outlined a reform program for the new government. The Cabinet and the reform program were confirmed by the PLC.  (29 April 2003)

Each Ministry was directed to prepare a work plan to carry out the reform program.

COMPLETED

“Completion of further steps to achieve genuine separation of powers, including any necessary Palestinian legal reforms for this purpose.”

PLC approved amendments to the Palestinian Basic Law that provide for a separation of powers between the executive, judicial and legislative branches of government. 

(29 May 2002)

COMPLETED

“Immediate action on credible process to produce draft constitution for Palestinian statehood.”

PLO Central Committee established the Constitution Committee to draft a constitution.  The Constitutional Committee is continuing its consultations with a view to finalize a Palestinian constitution.  (September 1999 established and reinvigorated in May 2002)

COMPLETED

“As rapidly as possible, constitutional committee circulates draft Palestinian constitution, based on strong parliamentary democracy and cabinet with empowered prime minister, for public debate.”

Constitution Committee published a third draft of the constitution based on consultations with the Palestinian public.  ( 7 March 2003)

Numerous workshops have taken place with members of civil society, Palestinian NGOs, academics and religious leaders.

COMPLETED

“Constitutional committee proposes draft document for submission after elections for approval by appropriate Palestinian institutions.”

Constitution Committee will continue to finalize the constitution and currently plans to submit it for approval in July 2003.

Cannot be completed until after elections.

“Establishment of independent Palestinian election commission.”

President Arafat appointed Dr. Hanna Nasir to head the Central Elections Commission.  The nine-member Commission is comprised of members of civil society. (October 2002)

The Commission has outlined a program to hold elections within 100 days of an Israeli withdrawal.  (October 2002)

COMPLETED

“PLC reviews and revises election law.”

The Election Law was submitted to the PLC for review and promulgation.  (1 September 2002) It was sent to the PLC Legal and Political Committee.  (9 September 2002).

In progress.

“As early as possible, and based upon the above measures and in the context of open debate and transparent candidate selection/electoral campaign based on free, multi-party process, Palestinians hold free, open and fair elections.”

Palestinians call for elections for 20 January 2003.  Elections are blocked by Israel due to curfews and closures.

In progress.

“All Palestinian security organizations are consolidated into three services reporting to an empowered Interior Minister.”

PA creates Ministry of Interior that combines preventive security, civil police and civil defense security services under one central command.  PA civil affairs department (responsible for issuing ID cards, birth certificates, etc.) also reports to the Ministry of Interior.

COMPLETED

“Rebuilt and refocused Palestinian Authority security apparatus begins sustained, targeted and effective operations aimed at confronting all those engaged in terror and dismantlement of terrorist capabilities and infrastructure.  This includes commencing confiscation of illegal weapons and consolidation of security authority, free of association with terror and corruption.”

“Restructured/retained [sic] Palestinian security forces and IDF counterparts progressively resume security cooperation and other undertakings in implementation of the Tenet work plan, including regular senior-level meetings, with the participation of U.S. security officials.”

PA Prime Minister was confirmed as the Minister of the Interior.  ( 29 April 2003)

Training for Palestinian security services and intelligence personnel is ongoing but has been hindered by Israel’s imposition of movement restrictions on Palestinian security personnel including high-level security officials.  Israel has not guaranteed that it will not attack Palestinian training sites.

PA secures an agreement by Hamas, Islamic Jihad and Popular Resistance to stop attacks against all Israelis.  ( 29 June 2003)

High-level meetings held in the presence of American officials to approve the transfer of security authority in the Gaza Strip and the city of Bethlehem.

PA security services take security control over parts of the Gaza Strip and the city of Bethlehem.  (29 June and 2 July 2003)

PM Abbas commits to the confiscation of illegal weapons: 

“The unauthorized possession of weapons, with its direct threat to the security of the population, is a major concern that will be relentlessly addressed.  We aim to ensure that only legitimate weapons are used to preserve public order and implement the law.”   (29 April 2003)

In progress.  The PA is rebuilding its security services.

“Palestinians undertake visible efforts on the ground to arrest, disrupt and restrain individuals and groups conducting and planning violent attacks on Israelis everywhere.”

PA security services in the Gaza Strip arrest individuals responsible for the sole breach of the agreement to stop attacks against all Israelis.

PA security services remain in control of Bethlehem city and in the Gaza Strip. 

In progress.

“Palestinian performance on judicial, administrative and economic benchmarks, as established by the International Task Force on Palestinian reform.”

Economic:

Palestinian Investment Fund was established as a legal entity.

Ministry of Finance fully consolidated and integrated all treasury operations.

Budget approved by PLC. ( 1 February 2003)

Judicial:

State Security Courts effectively abolished. Cases transferred to civil courts. (June 2003)

Basic Law passed by PLC. (29 May 2002)

A dialogue with civil society to draft constitution is ongoing.

Administrative:

A new Central Elections Commission was appointed.  (October 2002)

The Ministry of Interior was created.

Substantial performance on benchmarks accomplished.  Still in progress. 

“All official Palestinian institutions end incitement against Israel.”

PM Mahmoud Abbas issued the following statement:

“We will also act vigorously against incitement and violence and hatred, whatever their form or forum may be. We will take measure s to ensure that there is no incitement emanating from Palestinian institutions. We must also reactivate and invigorate the U.S. - Palestinian-Israeli anti-incitement committee.”  (Aqaba Summit, 4 June 2003 )

PA issues new directives to PA television and radio stations aimed at curbing incitement.

US-Palestinian-Israeli anti-incitement committee reactivated.  Awaiting definition of incitement.

Israeli Obligation

(Phase I)

Actions Taken

Status

“Israeli leadership issues unequivocal statement affirming its commitment to the two-state vision of an independent, viable, sovereign Palestinian state living in peace and security, as expressed by President Bush, and calling for an immediate end to violence against Palestinians everywhere.”

PM Sharon issued the following statement at the Aqaba Summit ( 4 June 2003 ):

“Israel, like others, has lent its strong support for

President Bush's vision expressed on June 24, 2002, of two states, Israel and the Palestinian state, living side by side in peace and security.”

“We can also reassure our Palestinian partners that we understand the importance of territorial contiguity in the West Bank for a viable Palestinian state.”

18 of 23 Israeli Cabinet Ministers represent parties whose current official platforms expressly reject the establishment of a Palestinian state. 

Likud:  “Flatly rejects the establishment of a Palestinian Arab state west of the Jordan river.” 

Source: www.knesset.gov.il/elections/knesset15/elikud_m.htm

National Union:  “Absolutely rejects the idea of a Palestinian state between Israel and the Hashemite Kingdom of Jordan.” 

Source:   www.israelvotes.com/demo/platforms_unity.htm

National Religious Party:  “The State of Israel alone shall exist between the Jordan River and the Mediterranean Sea.  No Palestinian state or any other foreign sovereign entity shall be established in this area.” 

Source:  www.israel-mfa.gov.il/mfa/go.asp?MFAH01fx0

FAILED

PM Sharon did not express commitment to a sovereign, independent Palestinian state.  PM Sharon did not call for an immediate end to violence against Palestinians everywhere.  In fact, on 5 June 2003, the day after the Aqaba Summit, Israel assassinated two Palestinians near Tulkarm.

“GOI [Government of Israel] takes no actions undermining trust, including deportations, attacks on civilians, confiscation and/or demolition of Palestinian homes and property, as a punitive measure or to facilitate Israeli construction; destruction of Palestinian institutions and infrastructure and other measures specified in the Tenet Work Plan.”  

Since the issuance of the Road Map on 30 April 2003 until 8 July 2003:

Israel has killed 145 Palestinians, including 16 killed on 1 May 2003, the day after the Road Map was issued and 6 after the Palestinian factions announced a halt on all violence against Israelis, bringing the total number of Palestinians killed since September 2000 to 2,412.

Source :  Palestine Red Crescent Society,

www.palestinercs.org/Database/Date/

I srael has assassinated 2 Palestinians, bringing the total number of assassinations to 154 since September 2000.  On 10 June 2003, Israel attempted to assassinate a Hamas activist in Gaza, killing 2 civilians and wounding 10 others.

According to the Israeli human rights organization, B’Tselem, Israel has demolished at least 76 homes as a form of punishment. The total number of homes destroyed since September 2000 now totals over 1,198.  

Source:  MIFTAH, www.miftah.org/report.cfm

Israel confiscates 2,300 dunums (approximately 600 acres) of land from the Palestinian towns of Beit Iksa and Beit Surik.  (2 July 2003)

Israel confiscates 500 dunums (125 acres) of land from the Palestinian town of Sinjil.  (2 July 2003)

Israel has continued construction of the so-called “security” wall deep within Occupied Palestinian Territory threatening de facto annexation of up to 55% of the Occupied West Bank.  The construction of the wall has resulted in wide-scale destruction of olive trees, fruit orchards, greenhouses and other sources of Palestinian agricultural revenue.

Israel continues to detain or imprison 5,892 Palestinian political prisoners including 351 children and 786 Palestinians held without charge.

FAILED

“GOI immediately dismantles settlement outposts erected since March 2001.  Consistent with the Mitchell Report, GOI freezes all settlement activity (including natural growth of settlements).”

PM Sharon issued the following statement:

“In regard to the unauthorized outposts, I want to reiterate that Israel is a society governed by the rule of law. Thus, we will immediately begin to remove unauthorized outposts.”  (Aqaba Summit, 4 June 2003)

According to Peace Now, Israel has erected at least 62 new settlements and settlement outposts since March 2001.  US officials claim there are as many as 100.

Israel named only 15 outposts that would be dismantled.  According to Peace Now in Israel, 10 outposts have been erected and 8 removed with a net increase of 2 outposts.  Of those removed, only 1 outpost was inhabited.  According to US sources, Israel has constructed almost as many settlement outposts as it has removed.  Source:  U.S. Presses Israel on Outposts and Prisoners , H a’aretz , 9 July 2003 at 1.

In 2002 alone, Israel constructed 8,125 dwellings in the Occupied Palestinian Territories (OPT).  Construction began on 6,401 dwellings in the OPT with active construction on 15,994 dwelling in the OPT.  Israel approved the construction of 2,309 housing units in the OPT, representing 75% of all housing units approvals given by Israel.

Source :  Israel Central Bureau of Statistics, www.cbs.gov.il/yarhon/o3_e.htm

Since 30 April 2003, Israel has approved the construction of 502 housing units in the OPT, bringing the total number of housing units approved since January 2003 to 635.

Source :  Americans for Peace Now, www.peacenow.org

FAILED.  Israel’s insertion of the word “unauthorized” is inconsistent with its Road Map obligations and is intended to allow Israel to remove only those settlement outposts that it, in its sole discretion, deems “unauthorized.”

Israel has not frozen all settlement activity and, in fact, continues to expand settlements.

“As comprehensive security performance moves forward, IDF [Israeli Army] withdraws progressively from areas occupied since September 28, 2000 and the two sides restore the status quo that existed prior to September 28, 2000.”

Israel remains in exclusive control of more than 83% of the Occupied West Bank. 

Israel remains in control of Mawasi Beach in the Gaza Strip, thereby denying Palestinians access to their agricultural land and their fishing sources. 

1.2 million Palestinians are forced to take a bypass road around the illegal settlement Kfar Darom which houses approximately 250 settlers. 

The freedom of movement of illegal Israeli settlers still supercedes the rights of Palestinians to access their own roads. 

More than 160 checkpoints within the Occupied West Bank still exist and a ban on Palestinian movement within the Occupied West Bank remains militarily enforced despite reports of “eased travel restrictions.”

Conditional upon comprehensive security performance.

“GOI fully facilitates travel of Palestinian officials for PLC and Cabinet sessions, internationally supervised security retraining, electoral and other reform activity and other supportive measures related to the reform efforts.”

The democratically-elected leader, President Arafat, has not been permitted to leave his largely destroyed compound since December 2001.

Israel has failed to facilitate travel of Palestinian security personnel undergoing security training.

FAILED

“GOI facilitates Task Force election assistance, registration of voters, movement of candidates and voting officials.  Support for NGOs involved in the election process.”

Israel blocked Palestinian elections in January 2003 and has continued its policy of strict closures and curfews.

FAILED

“GOI reopens Palestinian Chamber of Commerce and other closed Palestinian institutions in East Jerusalem base on a commitment that these institutions operate strictly in accordance with prior agreements between the parties.” 

On 8 August 2001, Israel closed down the Palestinian Chamber of Commerce, Orient House and eight other Palestinian institutions in Jerusalem.  Israel renewed the closure orders in February 2003. 

FAILED

“Israel takes measure to improve the humanitarian situation.  Israel and Palestinians implement in full all recommendations of the Bertini report to improve humanitarian conditions, lifting curfews and easing restrictions on movement of persons and goods, and allowing unfettered access of international and humanitarian personnel.”

Israel continues to prevent the free transport of goods within the Occupied West Bank, requiring Palestinians to transport goods between Palestinian cities on a back-to-back system in which goods are unloaded from one truck and loaded onto another.

60 percent of Palestinians (2 million Palestinians) continue to live below the poverty level - less than $2 USD daily.

FAILED.  Israel refuses to abide by the Bertini Report and has demanded, as one of its conditions, that no reference be made to the Report in the Road Map. 

“GOI and PA continue revenue clearance process and transfer of funds, including arrears, in accordance with agreed, transparent monitoring mechanism.” 

In June 2002, the UN reported that Israel owed the PA more than $600 million in tax revenues that it collected on behalf of the PA.  The money has been withheld since November 2000.  Israel has resumed transfers of Palestinian tax money to the PA, but approximately $315 million still remains outstanding.

Source :  www.reliefweb.int

In progress.

“All official Israeli institutions end incitement against Palestinians.”

PM Sharon issued the following statement:

“There can be no peace, however, without the abandonment and elimination of terrorism, violence, and incitement. We will work alongside the Palestinians and other states to fight terrorism, violence and incitement of all kinds.”  (Aqaba Summit, 4 June 2003)

Anti-incitement committee re-invigorated but no specific actions taken by Israel.