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Guide to Oslo’s “Final Status
Issues”
For Advocates of Israeli-Palestinian
Peace
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Introduction
Thousands of church
officials and members have endorsed the Churches for Middle East Peace’s
call for a shared Jerusalem. Its focus on Jerusalem expresses not only
the religious attachment of Christians to the Holy City, but also Jerusalem’s
fundamental importance in establishing peace and goodwill among Israelis,
Palestinians and their Arab neighbors. As Jerusalem’s status awaits determination
in the “final status negotiations,” de-facto changes are taking place that
make life there even more difficult for Palestinians and diminishes their
presence in the city. So it is with each of the final status issues. Waiting
for negotiations has resulted in lost hope and lost opportunity for Palestinians
and Israelis. Looking beyond the current stalemate, President Clinton,
in his April 26, 1999, letter to Yasser Arafat, proposed an extension of
the Oslo process with final status talks to begin soon after Israel’s elections. |
What Are “Final Status
Issues”?
When Israeli Prime
Minister Yitzhak Rabin and Palestinian Liberation Organization (PLO) Chairman
Yasser Arafat shook hands on the White House lawn on September 13, 1993,
they agreed to postpone negotiations on the most difficult issues. The
hope was that through the experiences of peacemaking during the interim
period there would emerge among Israelis and among Palestinians the trust
and confidence needed to make the compromises necessary to resolve the
most weighty matters. The initial “Declaration of Principles on Interim
Self-Government Arrangements” (DOP) they signed, along with subsequent
agreements, are popularly known as the Oslo Accords.
The DOP outlined
a transitional period not exceeding five years with “permanent status negotiations”
beginning not later than the beginning of the third year of the interim
period: “It is understood that these negotiations shall cover remaining
issues, including Jerusalem, refugees,
settlements,
security arrangements, borders, relations
and cooperation with other neighbors, and other issues of common interest.”
The final status talks (though formally opened on May 6, 1996, and due
to conclude in May of 1999) have been halted since the 1996 Israeli elections
that brought Prime Minister Netanyahu’s Likud coalition to power. |
Why So Much Talk about
“242/338”?
The stated aim of
the DOP is that “the negotiations on the permanent status will lead to
the implementation of Security Council Resolutions 242 and 338.” The Israeli-Palestinian
talks are one of the bilateral negotiating tracks established in 1991 at
the Madrid Conference. The letter of invitation to that conference laid
out the goal of achieving a peace settlement based on United Nations Security
Council (UNSC) Resolutions 242 and 338. Res. 242 was adopted in the aftermath
of the June 1967 Six-Day War. It calls for Israel’s withdrawal from territories
it conquered (from Egypt, Jordan and Syria) in that war in return for Arab
acceptance of Israel’s “right to live within secure and recognized borders
free from threats or acts of force.” Res. 338 included the cease fire ending
the war in October 1973. The resolution reiterated 242 and added the requirement
for negotiations between “the parties concerned,” thus providing a negotiating
role for Palestinians.
Jerusalem
| Churches for Middle
East Peace has focused its advocacy on one of the final status issues –
Jerusalem. It has done so not only because of Jerusalem’s significance
to Christians, but also because the U.S. Congress has tried for years to
force the administration to move the U.S. embassy from Tel Aviv to Jerusalem
prior to the determination of the city’s status by negotiation.
Even though the United Nation’s 1947 plan
for partition of Palestine placed Jerusalem under international control,
the city was physically and politically divided between Israel and Jordan
following the 1948 war. After Israel captured East Jerusalem, including
the Old City with its holy sites, from Jordan in the June 1967 war, Israel
attached 25 square miles of West Bank land to the city. The Israeli government
then annexed the enlarged area and began building housing there for Israeli
Jews. Such actions by an occupying power are prohibited by the Fourth Geneva
Convention.
Even though Jerusalem functions as Israel’s
capital, it is not recognized as such by the international community. All
countries (except Costa Rica and El Salvador) maintain embassies in Tel
Aviv. Israel’s tactic has been to create “facts on the ground” that enhance
Israeli interests throughout Jerusalem while diminishing the Palestinian
presence by confiscating Jerusalem identity cards and curtailing housing.
Israel has built massive housing complexes – settlements – in East Jerusalem
and the West Bank, creating barriers between the Palestinian cities and
villages and the people, churches and institutions of East Jerusalem. Additionally,
bureaucratic barriers – border closures and required entry permits – cut
off West Bank/Gaza residents from Jerusalem, causing the withering of Palestinian
economic, institutional and religious life.
The religious and historical significance
of Jerusalem to Jews, Muslims and Christians worldwide brings international
and interreligious dimensions to the negotiations that will determine the
city’s status. Churches for Middle East Peace advocates a negotiated sharing
of Jerusalem by Israelis and Palestinians, as well as the three religious
communities. |
“It is our conviction,
Mr. President, that a resolution of Jerusalem has the potential for advancing
cooperation between the three Abrahamic faiths or sowing the seeds of new
religious conflicts between Muslims, Jews and Christians. The future of
Jerusalem must not be pre-empted by the actions of any one party. Only
a negotiated agreement that respects the human and political rights of
Palestinians and Israelis as well as the three religious communities can
lead to a lasting peace.”
—
from Jerusalem: City of Peace , a 1995 letter to President
Clinton by the Heads of Orthodox, Catholic, Protestant and Historic Peace
Communions.
“A Jerusalem that is called holy
by Christians, a place where every Christian can feel at home, cannot reflect
values that are at odds with fundamental tenets of our faith. This, too,
is our stake in Jerusalem: not a territorial claim, not a political design,
but rather a steady insistence that the city we call ‘holy’ and ‘home’
reflects common values of love, sharing and justice_ We join our brothers
and sisters in the Abrahamic tradition in striving together, in hope and
love, for a Jerusalem that remains holy for all.”
—
from City of Holiness and Hope, a Message on Jerusalem in
1996 by the National Council of the Churches of Christ in the USA.
“For some years, the Holy See has sought
a ‘special statute’ for Jerusalem_ necessary to preserve the unique religious
character of the Holy City, and to secure the rights of the living religious
communities_ [this statute] should be confused neither with the so-called
‘corpus separatum’ proposed by the United Nations in 1947, nor with what
is popularly called ‘the internationalization’ of the city.”
—
from The Future of Jerusalem, Some Clarifications in
1998 by Archbishop Theodore E. McCarrick, Chairman, U.S. Catholic Conference
of Bishops Committee on International Policy. |
“We call upon all parties concerned to
comprehend and accept the nature and deep significance of Jerusalem, City
of God. None can appropriate it in exclusivist ways. We invite each party
to go beyond exclusivist visions or actions, and without discrimination,
to consider the religious and national aspirations of others, in order
to give back to Jerusalem its true universal character and to make of the
city a holy place of reconciliation for humankind.”
—
from On the Significance of Jerusalem for Christians,
a 1994 statement by the Patriarchs and Heads of the Christian Communities
in Jerusalem.
Settlements
|
The communities built for Jews in the territories occupied by Israel in
1967 vary in size, location and the ideology of the residents. Whether
in Gaza, the West Bank, the Golan Heights or East Jerusalem, all such settlements
are illegal under terms of the Fourth Geneva Convention. Even though the
Oslo peace process cites the language of UNSC Res. 242, “withdrawal of
Israeli armed forces from territory occupied in the recent conflict,” international
law (such as the Fourth Geneva Convention) remains in force. While the
DOP sets “settlements” as a topic for permanent status negotiations, it
does not explicitly prohibit new building. Seizing on this, Israel has
continued to build settlements and bypass roads throughout the occupied
areas without interruption. In the process, land of Palestinians has been
confiscated and their homes demolished.
Protests have
stalled the building of a settlement to be named Har Homa on a wooded hill
between Bethlehem and East Jerusalem. Har Homa would nearly complete the
“ring” of settlements that are strategically placed to separate East Jerusalem
from West Bank cities and villages.
Report on Israeli Settlement by the
Foundation for Middle East Peace
www.fmep.org |
Israeli
and Palestinian negotiators will consider combinations of options, including:
dismantling settlements with the residents
returning to Israel,
turning the vacated settlements over to
Palestinians as compensation,
annexing to Israel settlements located
near the 1967 border line,
arranging for settlers to remain in Palestine
while retaining their Israeli citizenship, and
providing Palestinian citizenship to Israelis
who wish to live in Palestine.
Settlement infrastructure
issues will also be negotiated:
-
the roads designed for settlers to bypass
Arab communities,
-
Israel’s disproportionate use of water resources
and
-
“security” matters, including the role of
the Israeli army, the arming of individual settlers and land confiscated
for security zones around settlements.
U.S. government policy
opposes all unilateral acts that prejudice and predetermine issues that
were to be reserved for final status negotiation. President Clinton described
Israel’s land confiscations and Jewish settlements as “destructive to the
pursuit of peace” in his April 26, 1999, letter to Yasser Arafat. Since
the Wye River agreement, Israel has continued to create such “facts on
the ground,” evidently with the objective of preventing a viable Palestinian
state. |
Security
Arrangements, Borders,
Cooperation
with Other Neighbors
and
Other Issues
|
Although the words “Palestinian State” do not appear, the big issue for
final status negotiations is the shape and substance of the anticipated
Palestinian national entity and its relationship to Israel and Jordan.
Israel will reject a return to the “green line” of 1967 that divided Israelis
and Palestinians, even though that is the border implied by the DOP’s reference
to UNSC Res. 242. A compromise on borders has been suggested that adds
to Israel those settlements located near the “green line” and adds to Palestine
a land bridge between the West Bank and Gaza.
For Jerusalem
– which both parties claim as their capital city – the determination of
sovereignty and borders will demand creativity and compromise by both parties.
The degree of openness of the border for trade and people, whether for
their work or worship, as well as security procedures at the border, are
also important. |
In addition, final status negotiations – in consideration of Israel’s security
– will determine limits on the size and weaponry of Palestine’s military,
its foreign alliances as well as the extent to which Israel will maintain
a forward military presence in the Jordan Valley. The security concerns
of Israel against terrorist acts require its cooperation with the Palestinian
authorities and people in their development of a democratic state and the
rule of law.
The issue of water
rights is a high priority matter for Palestinians and Israelis. The water
situation is complicated because the primary aquifers supplying Israel
lie under West Bank land, the Jordan River headwaters lie in Syria and
Jordan, and Gaza is dependent upon Israel for water. The water shortage
problem will require cooperation and long-term changes by Israelis and
Palestinians, including desalination, conservation, pipelines and basic
changes in agriculture.
Applied Research Institute Jerusalem:
environment, water and settlements www.arij.org
American Committee on Jerusalem (Arab American
coalition) www.acj.org |
Refugees
While there are
scores of scenarios for resolving the Jerusalem issue, there have been
essentially only two for refugees: “All must return” and “None. Never.”
In addition to being on the agenda for final status talks between Israel
and the Palestinian Authority, the Madrid Conference set up the Refugee
Multilateral Working Group. The refugee issue involves two groupings of
Palestinians – those from land that became Israel in 1948 and those who
were uprooted from the
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West Bank and Gaza
by the 1967 war. These Palestinians and their descendants are scattered,
with many living in huge camps without citizenship or economic rights.
With the establishment of the Palestinian Authority, Arafat brought 50,000
to 60,000 Palestinians from Lebanon, Syria, Iraq, Sudan, Libya, Algeria,
Tunisia and Jordan to join those in the West Bank and Gaza in laying the
foundations for self-rule and nationhood. |
|
Decisions
will be made in negotiations about:
-
the return of some Palestinians to pre-1967
Israel with compensation for the losses of others,
-
the repatriation of a considerable number
of refugees to Palestine, and
-
the absorption of many into the countries
where they now live or into other countries willing to receive them either
as citizens or as resident aliens with Palestinian national passports.
|
UNSC Res. 242 speaks of the “necessity for achieving a just settlement
of the refugee problem.” Indeed, without a just settlement, Israeli-Arab
peace cannot be durable. The right to return to one’s own country, guaranteed
in article 13 of the Universal Declaration of Human Rights, is associated
with U.N. General Assembly Resolution 194 of 1948. Even though Res. 194,
unlike Res. 242 and Res. 338, is not within the frame of reference for
Madrid or Oslo, international law cannot be annulled. The international
community will certainly be expected to help finance refugee resettlement
and compensation. |
The Following
Proposals Offer a Preview of the Issues to Be Considered in Negotiations.
“The Palestinian
Refugee Problem and the Right of Return”
This proposal, from
a working group of Israelis and Palestinians, examines the traditional
and the possible compromise solutions of both sides. In order to reach
a compromise, four clusters of issues are further identified as requiring
resolution for their differences to be bridged.
- The nature of Israeli acknowledgment of
suffering and responsibility.
- The nature and number of return/family
reunification to Israel proper.
- The nature and size of compensation and
linkage to Jewish refugees.
- The size of return to the Palestinian state.
Published in September 1998
by Joseph Alpher, director of the American Jewish Committee’s office in
Israel, and Khalil Shikaki, director of the Center for Palestine Research
and Studies (Weatherhead Center for International Affairs, Harvard University,
1737 Cambridge St., Cambridge, Mass. 02138). |
“Refugees
into Citizens: Palestinians and the End of the Arab-Israeli Conflict”
The author provides
historical and international law frameworks as well as an appendix of the
relevant documents. She offers a plan for permanent regional absorption
of Palestinian refugees. It is offered as a “proposal” to prompt discussion
and to generate other possible solutions.
Repatriation and
Resettlement of Palestinian Refugees
| Location |
1996 population |
2005 population |
| West Bank - Gaza |
2,080,000 |
2,850,000 |
| Jordan |
1,832,000 |
2,000,000 |
| Lebanon |
372,700 |
75,000 |
| Syria |
352,100 |
400,000 |
| Israel |
840,000 |
1,000,000 |
|
|
+75,000 family reunification |
| other Mideast |
446,600 |
965,000 |
| non-Mideast |
452,000 |
900,000 |
| Total |
6,375,400 |
8,265,000 |
Published in 1996 by Donna Artz,
Council on Foreign Relations Press (58 East 68th St., New York, NY 10021).
McGill University’s Palestinian refugee web
site:
www.arts.mcgill.ca/MEPP/PRRN/prfront.html |
Advocacy
Tips
|
In his April 26, 1999, letter to Yasser Arafat, President Clinton gave
his endorsement of the “aspirations of the Palestinian people to determine
their own future on their own land.” With Oslo’s five-year timeframe near
conclusion, the United States has called for an extension, with final status
negotiations to begin soon after Israel’s elections. Since the Wye talks
last October, the United States has made a significant transition toward
a more even-handed U.S. role. It has focused criticism on Israel’s failure
to implement the withdrawals from additional land as promised at Wye.
Since the December
1998 visit of President and Mrs. Clinton to Gaza and Bethlehem, many advocates
for Israel-Palestinian peace can see what has been referred to in the Palestinian
media as “a light at the end of the tunnel.” It was inconceivable five
years ago, even to the most optimistic of peacemakers, that a U.S. president
would go to Gaza to address the Palestinian National Council. Moreover,
there are encouraging signs that some members of the U.S. Congress are
moving toward readiness for a new, positive relationship with the Palestinians.
Who could have envisioned that 40 members of Congress would attend a luncheon
meeting with Yasser Arafat, as they did during his February 1999 visit
to Washington, D.C.?
The U.S. Congress,
as well as President Clinton and future U.S. presidents, will retain close
bonds with Israel; that is a given. But as Clinton said to the Palestinian
National Council: “The fulfillment of one side’s aspirations must not come
at the expense of the other. We must believe that everyone can win in the
new Middle East.”
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What You Can Do
In your congregation and community. . .
Organize
a Sunday School study session on the peace process and final status negotiations
using this document as a resource.
Write
letters to the editor of your newspaper.
Participate
in talk-radio programs.
Write
to the administration and send copies of the letter to your representative
and senators.
Stress
the key points below.
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Encourage U.S. leadership for negotiations
that result in an open, undivided, shared Jerusalem that respects the national
rights of both peoples, as well as the religious rights of the Jews, Christians
and Muslims.
-
Express your support for a resolution that
realizes Palestinian self-determination in a state that has the land, freedoms
and security necessary to be viable.
-
Express your concern for the Palestinian refugees
and the necessity of transforming their status with safeguards, wherever
they may reside, to that of citizens – of Palestine, of Israel or of other
states.
President Bill Clinton
The White House
Washington, D.C. 20500
Comment line 202-456-1111
Secretary of State Madeleine Albright
U.S. Department of State
Washington, D.C. 20520
The Honorable Senator _____
U.S. Senate
Washington, D.C. 20510
The Honorable Representative _____
U.S. House of Representatives
Washington, D.C. 20515 |
| Endorsement of this new relationship
between the United States and the Palestinian governments by U.S. citizens
will be the most effective mode of advocacy for evenhanded leadership in
the final status talks. Our government officials need to know that there
is public support for their policy of opposition to unilateral actions,
such as Israel’s building of settlements, that change the character and
demographics of Jerusalem, the West Bank and Gaza, thereby undermining
negotiations. |
A one-page guide to
the final status negotiations and additional copies of this booklet are
available from the Washington, D.C. offices of many denominations and by
contacting Churches for Middle East Peace by mail at 110 Maryland Avenue
NE, Suite 108, Washington, D.C. 20002 or by e-mail at CMEPDC@aol.com |
Additional
Useful Web Sites
Churches for Middle East Peace, with links
to CMEP member churches www.cmep.org
State Department’s Near East Affairs Bureau
www.state.gov/www/regions/nea/index.html
Embassy of Israel www.israelemb.org
Israel/Palestine Center for Research and
Information www.ipcri.org
American Friends of Peace Now www.peacenow.org
Palestinian Society for the Protection
of Human Rights and the Environment www.lawsociety.org
Time
Line
| 1947
Nov. |
The United Nations
adopted Res. 181, a plan to partition Palestine into Arab and Jewish states
and to establish Jerusalem as a “corpus separatum under a special international
regime.” |
| 1948
May |
Israel declared
statehood. War erupted resulting in a divided Jerusalem and 650,000 Palestinian
refugees. UNGA Res. 194 declared refugees’ right of return. |
| 1967
June |
Six Day War
– Israel occupied the West Bank, Gaza Strip, Golan Heights and the Sinai
and annexed East Jerusalem. 600,000 Palestinians became refugees. |
| 1967
Nov. |
U.N. Security
Council Res. 242 was adopted, calling for Israeli withdrawal from occupied
territories and, in return, Arab states’ recognition of Israel and an end
to war. |
| 1978
Sept. |
Camp David Peace
Treaty was signed by Israel and Egypt, witnessed by the United States. |
| 1987
Dec. |
The Intifadeh
began, resulting in a prolonged general uprising of West Bank and Gaza
Palestinians. |
| 1988
Nov. |
Palestinian
National Council recognized UNSC Res. 242, implicitly recognizing Israel,
and declared a Palestinian state. The United States opened dialogue with
the PLO. |
| 1991
Jan. |
Iraq was defeated
by U.S.-led coalition in Persian Gulf War. |
| 1991
Oct. |
A Madrid Conference
brought together Israel and Arab neighbors with the United States and Soviet
Union as cosponsors. |
| 1992
Dec. |
$10 billion
in U.S. loan-guarantees to Israel (fiscal years 1993 to 1997) were held
up in an attempt to limit Israeli settlement building. |
| 1993
Sept. |
Declaration
of Principles (Oslo) was signed by Israel and the PLO, witnessed by the
United States and Russia. |
| 1994
May |
Palestinian
Authority was established in Gaza and Jericho by the “Cairo” agreement. |
| 1994
Oct. |
Jordan-Israel
peace agreement was signed, witnessed by the United States and others. |
| 1995
Sept. |
Oslo II (Interim
Agreement) was signed by Israel and the PLO, witnessed by the United States
and others. |
| 1995
Oct. |
Jerusalem Embassy
Act was passed by the U.S. Congress, calling for the U.S. embassy to be
moved to Jerusalem by May 1999. (A presidential waiver is expected.) |
| 1996
May |
Negotiations
began on final status issues, and stopped. |
| 1997
Jan. |
Hebron Protocol
was signed by Israel and the PLO. |
| 1998
Nov. |
Wye River Memorandum
was signed by Israel and PLO, witnessed by the United States. |
| 1998
Dec. |
U.S. President
Clinton went to Gaza for Palestine National Council meeting. |
| 1999
May |
Oslo’s five-year
interim phase is set to conclude. |
Churches for Middle
East Peace is a joint program of The American
Friends Service Committee • Christian Church (Disciples of Christ) • Church
of the Brethren • Episcopal Church • Evangelical Lutheran Church in America
• Friends Committee on National Legislation • Maryknoll Missioners • Mennonite
Central Committee • National Council of the Churches of Christ in the USA
• Presbyterian Church (USA) • Reformed Church in America • Roman Catholic
Conference of Major Superiors of Men’s Institutes • Unitarian Universalist
Association • United Church of Christ • The United Methodist Church.
Churches for Middle
East Peace
110 Maryland Avenue
NE, Suite 311
Washington, D.C.
20002-5622
Telephone 202-543-1222
• Fax 202-543-5025 •
E-mail: cmep@cmep.org • www.cmep.org
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