Policy

Guide to Oslo’s “Final Status Issues”
For Advocates of Israeli-Palestinian Peace

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  Jerusalemrefugees, settlementssecurity 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
 
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. 

  1. The nature of Israeli acknowledgment of suffering and responsibility. 
  2. The nature and number of return/family reunification to Israel proper. 
  3. The nature and size of compensation and linkage to Jewish refugees. 
  4. 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.” 

 

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. 

  • 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.orgwww.cmep.org
 

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