The Wye River Memorandum
1998
Introduction
By 1998 the peace process between Israel and the Palestinians, begun
with so much hope and promise 4 years earlier with the signing of
the Oslo Declaration of Principles, had all but died. The
assassination of Prime Minister Rabin in 1995 by an Israeli right
wing fanatic, and continued terrorist attacks by Islamic and other
groups opposed to any recognition of Jewish rights in Palestine, had
helped bring about the election of hard line PM Benjamin Nethanyahu
in Israel. Nethanyahu promised the left and center to bring peace
with security. He promised the right and extremist groups not to
return any territories occupied by Israel. It was evident that he
could not keep both promises. By fits and starts the Hebron
agreement resulting in a minor Israeli withdrawal was concluded
after a long delay, and subsequently there was no visible progress
in Israeli redeployment, Palestinian compliance in policing terror,
final status negotiations, economic issues or any other aspect of
the peace process. The date for the scheduled first (of three)
Israeli redeployments came and went, and nothing happened except
more Israeli settlement activity on the one hand, and more bellicose
statements by Palestinians, sometimes backed by acts as well as
words, on the other.
In the summer of 1998 increasing U.S. pressure on the sides,
especially on Israel, catalyzed some signs of movement in the
direction of compliance. Nethanyahu promised his right wing
supporters that any agreement concluded would ensure Palestinian
compliance on issues of policing terror and reduction of the
Palestinian "police force" to the number of personnel and
types of arms specified in the interim agreements. The sides met at
Wye River Plantation in Maryland in October. The result was the Wye
River Memorandum, in which Israel agreed to carry out a staged
withdrawal from some 13% of the territory it occupied, and the
Palestinian National Authority undertook to suppress terror and
eliminate both the private arsenals and weapons stockpiled by the
PNA in violation of the accords. The PNA also agreed to take steps
against incitement and the most virulent anti-Israel propaganda. A
part of the agreement was implemented, including an Israeli
withdrawal from some of the territories, a Palestinian crackdown on
militants and opening of the Palestinian National Airport. However,
the Palestinians did not implement the arms reduction clause and
other parts of the agreement, and the Israelis did not continue with
subsequent stages of withdrawal. The Nethanyahu government lost the
support of both the Israeli right wing and elements within the
coalition who were dissatisfied either because they government had
conceded too much, or too little, or for personal political reasons.
The text of the agreement follows below. Click here for a map of the
actual and proposed redeployments (Nov. 1999).
THE WYE RIVER MEMORANDUM
October 23, 1998
The following are steps to facilitate implementation of the Interim
Agreement on the West Bank and Gaza Strip of September 28, 1995 (the
"Interim Agreement") and other related agreements
including the Note for the Record of January 17, 1997 (hereinafter
referred to as "the prior agreements") so that the Israeli
and Palestinian sides can more effectively carry out their
reciprocal responsibilities, including those relating to further
redeployments and security respectively. These steps are to be
carried out in a parallel phased approach in accordance with this
Memorandum and the attached time line. They are subject to the
relevant terms and conditions of the prior agreements and do not
supersede their other agreements.
I. FURTHER REDEPLOYMENTS
A. Phase One and Two Further Redeployments
1. Pursuant to the Interim Agreement and subsequent agreements, the
Israeli side's implementation of the first and second F.R.D. will
consist of the transfer to the Palestinian side of 13% from Area C
as follows:
1% to Area (A)
12% to Area (B)
The Palestinian side has informed that it will allocate an
area/areas amounting to 3% from the above Area (B) to be designated
as Green Areas and/or Nature Reserves. The Palestinian side has
further informed that they will act according to the established
scientific standards, and that therefore there will be no changes in
the status of these areas, without prejudice to the rights of the
existing inhabitants in these areas including Bedouins; while these
standards do not allow new construction in these areas, existing
roads and buildings may be maintained.
The Israeli side will retain in these Green Areas/Nature Reserves
the overriding security responsibility for the purpose of protecting
Israelis and confronting the threat of terrorism. Activities and
movements of the Palestinian Police forces may be carried out after
coordination and confirmation; the Israeli side will respond to such
requests expeditiously.
2. As part of the foregoing implementation of the first and second
F.R.D., 14.2% from Area (B) will become Area (A).
B. Third Phase of Further Redeployments
With regard to the terms of the Interim Agreement and of Secretary
Christopher's letters to the two sides of January 17, 1997 relating
to the further redeployment process, there will be a committee to
address this question. The United States will be briefed regularly.
II. SECURITY
In the provisions on security arrangements of the Interim Agreement,
the Palestinian side agreed to take all measures necessary in order
to prevent acts of terrorism, crime and hostilities directed against
the Israeli side, against individuals failing under the Israeli
side's authority and against their property, just as the Israeli
side agreed to take all measures necessary in order to prevent acts
of terrorism, crime and hostilities directed against the Palestinian
side, against individuals falling under the Palestinian side's
authority and against their property. The two sides also agreed to
take legal measures against offenders within their jurisdiction and
to prevent incitement against each other by any organizations,
groups or individuals within their jurisdiction.
Both sides recognize that it is in their vital interests to combat
terrorism and fight violence in accordance with Annex I of the
Interim Agreement and the Note for the Record. They also recognize
that the struggle against terror and violence must be comprehensive
in that it deals with terrorists, the terror support structure, and
the environment conducive to the support of terror. It must be
continuous and constant over a long-term, in that there can be no
pauses in the work against terrorists and their structure. It must
be cooperative in that no effort can be fully effective without
Israeli-Palestinian cooperation and the continuous exchange of
information, concepts, and actions.
Pursuant to the prior agreements, the Palestinian side's
implementation of its responsibilities for security, security
cooperation, and other issues will be as detailed below during the
time periods specified in the attached time line:
A. Security Actions
1. Outlawing and Combating Terrorist Organizations
a. The Palestinian side will make known its policy of zero tolerance
for terror and violence against both sides. b. A work plan developed
by the Palestinian side will be shared with the U.S. and thereafter
implementation will begin immediately to ensure the systematic and
effective combat of terrorist organizations and their
infrastructure. c. In addition to the bilateral Israeli-Palestinian
security cooperation, a U.S.-Palestinian committee will meet
biweekly to review the steps being taken to eliminate terrorist
cells and the support structure that plans, finances, supplies and
abets terror. In these meetings, the Palestinian side will inform
the U.S. fully of the actions it has taken to outlaw all
organizations (or wings of organizations, as appropriate) of a
military, terrorist or violent character and their support structure
and to prevent them from operating in areas under its jurisdiction.
d. The Palestinian side will apprehend the specific individuals
suspected of perpetrating acts of violence and terror for the
purpose of further investigation, and prosecution and punishment of
all persons involved in acts of violence and terror. e. A
U.S.-Palestinian committee will meet to review and evaluate
information pertinent to the decisions on prosecution, punishment or
other legal measures which affect the status of individuals
suspected of abetting or perpetrating acts of violence and terror.
2. Prohibiting Illegal Weapons
a. The Palestinian side will ensure an effective legal framework is
in place to criminalize, in conformity with the prior agreements,
any importation, manufacturing or unlicensed sale, acquisition or
possession of firearms, ammunition or weapons in areas under
Palestinian jurisdiction. b. In addition, the Palestinian side will
establish and vigorously and continuously implement a systematic
program for the collection and appropriate handling of all such
illegal items in accordance with the prior agreements. The U.S. has
agreed to assist in carrying out this program. c. A
U.S.-Palestinian-Israeli committee will be established to assist and
enhance cooperation in preventing the smuggling or other
unauthorized introduction of weapons or explosive materials into
areas under Palestinian jurisdiction.
3. Preventing Incitement
a. Drawing on relevant international practice and pursuant to
Article XXII (1) of the Interim Agreement and the Note for the
Record, the Palestinian side will issue a decree prohibiting all
forms of incitement to violence or terror, and establishing
mechanisms for acting systematically against all expressions or
threats of violence or terror. This decree will be comparable to the
existing Israeli legislation which deals with the same subject. b. A
U.S.- Palestinian-Israeli committee will meet on a regular basis to
monitor cases of possible incitement to violence or terror and to
make recommendations and reports on how to prevent such incitement.
The Israeli, Palestinian and U.S. sides will each appoint a media
specialist, a law enforcement representative, an educational
specialist and a current or former elected official to the
committee.
B. Security Cooperation
The two sides agree that their security cooperation will be based on
a spirit of partnership and will include, among other things, the
following steps:
1. Bilateral Cooperation
There will be full bilateral security cooperation between the two
sides which will be continuous, intensive and comprehensive.
2. Forensic Cooperation
There will be an exchange of forensic expertise, training, and other
assistance.
3. Trilateral Committee
In addition to the bilateral Israeli-Palestinian security
cooperation, a high-ranking U.S.-Palestinian-Israeli committee will
meet as required and not less than biweekly to assess current
threats, deal with any impediments to effective security cooperation
and coordination and address the steps being taken to combat terror
and terrorist organizations. The committee will also serve as a
forum to address the issue of external support for terror. In these
meetings, the Palestinian side will fully inform the members of the
committee of the results of its investigations concerning terrorist
suspects already in custody and the participants will exchange
additional relevant information The committee will report regularly
to the leaders of the two sides on the status of cooperation, the
results of the meetings and its recommendations.
C. Other Issues
1. Palestinian Police Force
a. The Palestinian side will provide a list of its policemen to the
Israeli side in conformity with the prior agreements. b. Should the
Palestinian side request technical assistance, the U.S. has
indicated its willingness to help meet their needs in cooperation
with other donors. c. The Monitoring and Steering Committee will, as
part of its functions, monitor the implementation of this provision
and brief the U.S.
2. PLO Charter
The Executive Committee of the Palestine Liberation Organization and
the Palestinian Central Council will reaffirm the letter of 22
January 1998 from PLO Chairman Yasir Arafat to President Clinton
concerning the nullification of the Palestinian National Charter
provisions that are inconsistent with the letters exchanged between
the PLO and the Government of Israel on 9/10 September 1993. PLO
Chairman Arafat, the Speaker of the Palestine National Council, and
the Speaker of the Palestinian Council will invite the members of
the PNC, as well as the members of the Central Council, the Council,
and the Palestinian Heads of Ministries to a meeting to be addressed
by President Clinton to reaffirm their support for the peace process
and the aforementioned decisions of the Executive Committee and the
Central Council.
3. Legal Assistance in Criminal Matters
Among other forms of legal assistance in criminal matters, the
requests for arrest and transfer of suspects and defendants pursuant
to Article II (7) of Annex IV of the Interim Agreement will be
submitted (or resubmitted) through the mechanism of the Joint
Israeli-Palestinian Legal Committee and will be responded to in
conformity with Article II (7) (f) of Annex IV of the Interim
Agreement within the twelve week period. Requests submitted after
the eighth week will be responded to in conformity with Article II
(7) (f) within four weeks of their submission. The U.S. has been
requested by the sides to report on a regular basis on the steps
being taken to respond to the above requests.
4. Human Rights and the Rule of Law
Pursuant to Article XI (1) of Annex I of the Interim Agreement, and
without derogating from the above, the Palestinian Police will
exercise powers and responsibilities to implement this Memorandum
with due regard to internationally accepted norms of human rights
and the rule of law, and will be guided by the need to protect the
public, respect human dignity, and avoid harassment.
III. INTERIM COMMITTEES AND ECONOMIC ISSUES
1. The Israeli and Palestinian sides reaffirm their commitment to
enhancing their relationship and agree on the need to actively
promote economic development in the West Bank and Gaza. In this
regard, the parties agree to continue or to reactivate all standing
committees established by the Interim Agreement, including the
Monitoring and Steering Committee, the Joint Economic Committee
(JEC), the Civil Affairs Committee (CAC), the Legal Committee, and
the Standing Cooperation Committee.
2. The Israeli and Palestinian sides have agreed on arrangements
which will permit the timely opening of the Gaza Industrial Estate.
They also have concluded a "Protocol Regarding the
Establishment and Operation of the International Airport in the Gaza
Strip During the Interim Period."
3. Both sides will renew negotiations on Safe Passage immediately.
As regards the southern route, the sides will make best efforts to
conclude the agreement within a week of the entry into force of this
Memorandum. Operation of the southern route will start as soon as
possible thereafter. As regards the northern route, negotiations
will continue with the goal of reaching agreement as soon as
possible. Implementation will take place expeditiously thereafter.
4. The Israeli and Palestinian sides acknowledge the great
importance of the Port of Gaza for the development of the
Palestinian economy, and the expansion of Palestinian trade. They
commit themselves to proceeding without delay to conclude an
agreement to allow the construction and operation of the port in
accordance with the prior agreements. The Israeli-Palestinian
Committee will reactivate its work immediately with a goal of
concluding the protocol within sixty days, which will allow
commencement of the construction of the port.
5. The two sides recognize that unresolved legal issues adversely
affect the relationship between the two peoples. They therefore will
accelerate efforts through the Legal Committee to address
outstanding legal issues and to implement solutions to these issues
in the shortest possible period. The Palestinian side will provide
to the Israeli side copies of all of its laws in effect.
6. The Israeli and Palestinian sides also will launch a strategic
economic dialogue to enhance their economic relationship. They will
establish within the framework of the JEC an Ad Hoc Committee for
this purpose. The committee will review the following four issues:
(1) Israeli purchase taxes; (2) cooperation in combating vehicle
theft; (3) dealing with unpaid Palestinian debts; and (4) the impact
of Israeli standards as barriers to trade and the expansion of the
A1 and A2 lists. The committee will submit an interim report within
three weeks of the entry into force of this Memorandum, and within
six weeks will submit its conclusions and recommendations to be
implemented.
7. The two sides agree on the importance of continued international
donor assistance to facilitate implementation by both sides of
agreements reached. They also recognize the need for enhanced donor
support for economic development in the West Bank and Gaza. They
agree to jointly approach the donor community to organize a
Ministerial Conference before the end of 1998 to seek pledges for
enhanced levels of assistance.
IV. PERMANENT STATUS NEGOTIATIONS
The two sides will immediately resume permanent status negotiations
on an accelerated basis and will make a determined effort to achieve
the mutual goal of reaching an agreement by May 4, 1999. The
negotiations will be continuous and without interruption. The U.S.
has expressed its willingness to facilitate these negotiations.
V. UNILATERAL ACTIONS
Recognizing the necessity to create a positive environment for the
negotiations, neither side shall initiate or take any step that will
change the status of the West Bank and the Gaza Strip in accordance
with the Interim Agreement.
This Memorandum will enter into force ten days from the date of
signature.
Done at Washington, D.C. this 23d day of October 1998.
For the Government of the State of Israle : Benjamin Netanyahu
For the PLO: Yassir Arafat
Witnessed by: Israel: William J. Clinton The United States of
America
---------------------------------------------------------------------------
Attachment: TIME LINE
Note: Parenthetical references below are to paragraphs in "The
Wye River Memorandum" to which this time line is an integral
attachment. Topics not included in the time line follow the schedule
provided for in the text of the Memorandum.
1. Upon Entry into Force of the Memorandum:
* Third further redeployment committee starts (I (B)) * Palestinian
security work plan shared with the U.S. (II (A) (1) (b)) * Full
bilateral security cooperation (II (B) (1) ) * Trilateral security
cooperation committee starts (II (B) (3)) * Interim committees
resume and continue; Ad Hoc Economic Committee starts (III) *
Accelerated permanent status negotiations start (IV)
2. Entry into Force - Week 2:
* Security work plan implementation begins (II (A) (1) (b)); (II (A)
(1) (c)) committee starts * Illegal weapons framework in place (II
(A) (2) (a)); Palestinian implementation report (II (A) (2) (b)) *
Anti-incitement committee starts (II (A) (3) (b)); decree issued (II
(A) (3) (a)) * PLO Executive Committee reaffirms Charter letter (II
(C) (2)) * Stage 1 of F.R.D. implementation: 2% C to B, 7.1% B to A.
Israeli officials acquaint their Palestinian counterparts as
required with areas; F.R.D. carried out; report on F.R.D.
implementation (I(A))
3. Week 2-6:
* Palestinian Central Council reaffirms Charter letter (weeks two to
four) (II (C) (2)) * PNC and other PLO organizations reaffirm
Charter letter (weeks four to six) (II (C) (2)) * Establishment of
weapons collection program (II (A) (2) (b)) and collection stage (II
(A) (2) (c)); committee starts and reports on activities. *
Anti-incitement committee report (II (A) (3) (b)) * Ad Hoc Economic
Committee: interim report at week three; final report at week six
(III) * Policemen list (II (C) (1) (a)); Monitoring and Steering
Committee review starts (II (C) (1) (c) * Stage 2 of F.R.D.
implementation: 5% C to B. Israeli officials acquaint their
Palestinian counterparts as required with areas; F.R.D. carried out;
report on F.R.D. implementation (I (A))
4. Week 6-12:
* Weapons collection stage II (A) (2) (b); II (A) (2) (c) committee
report on its activities. * Anti-incitement committee report (II (A)
(3) (b)) * Monitoring and Steering Committee briefs U.S. on
policemen list (II (C) (1) (c)) * Stage 3 of F.R.D. implementation:
5% C to B, 1% C to A, 7.1% B to A. Israeli officials acquaint
Palestinian counterparts as required with areas; F.R.D. carried out;
report on F.R.D. implementation (I (A))
5. After Week 12:
Activities described in the Memorandum continue as appropriate and
if necessary, including:
* Trilateral security cooperation committee (II (B)(3)) * (II (A)
(1) (c)) committee * (II (A) (1) (e)) committee * Anti-incitement
committee (II (A) (3) (b)) * Third Phase F.R.D. Committee (I (B)) *
Interim Committees (III) * Accelerated permanent status negotiations
(IV)
|
