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The Geneva Initiative The Geneva Accord and Annexes

Ramallah and Tel Aviv, 2009


The Geneva Initiative The Geneva Accord and Annexes

This publication was made possible thanks to the assistance of numerous individuals and organizations, including the Swiss Federal Department of Foreign Affairs, Friends of the Earth – Middle East, The Annapolis Friends for Peace and Justice Center, and CIPMO (Italian Center for Peace in the Middle East). Special thanks to Richard C. Goodwin, founder of the Middle East Peace Dialogue Network, for his vision, inspiration and generous contribution.

Gadi Baltiansky Director-General Geneva Initiative - Tel Aviv

Nidal Foqaha Director-General Geneva Initiative - Ramallah

Academic editor: Dr. Yuval Benziman Graphic design: Pazit Benjamin, Harel Schreiber


Contents

The Geneva Accord

005

Introduction to the Annexes

054

01 _ The Implementation and Verification Group (IVG)

057

02 _ West Bank-Gaza Corridor

081

03_ Security

089

04 _ The Inter-Religious Council for Jerusalem

105

05 _ Jerusalem

109

06 _ The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound 197 07_ Refugees

213

08 _Öż Designated Roads

215

09 _ Border Crossing Points

227

10 _ Water

231

11 _ Environment

251

12 _Öż Economy

379

13 _ The Link to the Arab Peace Initiative

419


The Geneva Accord

ǩ Purpose of the Permanent Status Agreement

ǩ Israeli-Palestinian Cooperation Committee

ǩ Relations between the Parties

ǩ Designated Road Use Arrangements

ǩ Implementation and Verification Group

ǩ Sites of Religious Significance

ǩ Territory

ǩ Border Regime

ǩ Security

ǩ Palestinian Prisoners and Detainees

ǩ Jerusalem

ǩ Dispute Settlement Mechanism

ǩ Refugees

ǩ Final Clauses


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The Geneva Initiative

Preamble Draft Permanent Status Agreement

The State of Israel (hereinafter “Israel”) and the Palestine Liberation Organization (hereinafter “PLO”), the representative of the Palestinian people (hereinafter the “Parties”):

ǩ Reaffirming their determination to put an end to decades of confrontation and conflict, and to live in peaceful coexistence, mutual dignity and security based on a just, lasting, and comprehensive peace and achieving historic reconciliation; ǩ Recognizing that peace requires the transition from the logic of war and confrontation to the logic of peace and cooperation, and that acts and words characteristic of the state of war are neither appropriate nor acceptable in the era of peace; ǩ Affirming their deep belief that the logic of peace requires compromise, and that the only viable solution is a two-state solution based on UNSC Resolution 242 and 338; ǩ Affirming that this agreement marks the recognition of the right of the Jewish people to statehood and the recognition of the right of the Palestinian people to statehood, without prejudice to the equal rights of the Parties’ respective citizens; ǩ Recognizing that after years of living in mutual fear and insecurity, both peoples need to enter an era of peace, security and stability, entailing all necessary actions by the parties to guarantee the realization of this era; ǩ Recognizing each other’s right to peaceful and secure existence within secure and recognized boundaries free from threats or acts of force;


The Geneva Accord

ǩ Determined to establish relations based on cooperation and the commitment to live side by side as good neighbors aiming both separately and jointly to contribute to the well-being of their peoples; ǩ Reaffirming their obligation to conduct themselves in conformity with the norms of international law and the Charter of the United Nations; ǩ Confirming that this Agreement is concluded within the framework of the Middle East peace process initiated in Madrid in October 1991, the Declaration of Principles of September 13, 1993, the subsequent agreements including the Interim Agreement of September 1995, the Wye River Memorandum of October 1998 and the Sharm El-Sheikh Memorandum of September 4, 1999, and the permanent status negotiations including the Camp David Summit of July 2000, the Clinton Ideas of December 2000, and the Taba Negotiations of January 2001; ǩ Reiterating their commitment to United Nations Security Council Resolutions 242, 338 and 1397 and confirming their understanding that this Agreement is based on, will lead to, and –by its fulfillment- will constitute the full implementation of these resolutions and to the settlement of the Israeli-Palestinian conflict in all its aspects; ǩ Declaring that this Agreement constitutes the realization of the permanent status peace component envisaged in President Bush’s speech of June 24, 2002 and in the Quartet Roadmap process.

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The Geneva Initiative

ÇŠ Declaring that this Agreement marks the historic reconciliation between the Palestinians and Israelis, and paves the way to reconciliation between the Arab World and Israel and the establishment of normal, peaceful relations between the Arab states and Israel in accordance with the relevant clauses of the Beirut Arab League Resolution of March 28, 2002; and ÇŠ Resolved to pursue the goal of attaining a comprehensive regional peace, thus contributing to stability, security, development and prosperity throughout the region;

Have agreed on the following:


The Geneva Accord

1. Purpose of the Permanent Status Agreement 1.

2.

The Permanent Status Agreement (hereinafter “this Agreement�) ends the era of conflict and ushers in a new era based on peace, cooperation, and good neighborly relations between the Parties. The implementation of this Agreement will settle all the claims of the Parties arising from events occurring prior to its signature. No further claims related to events prior to this Agreement may be raised by either Party.

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2. Relations between the Parties 1.

2. 3.

4.

5. 6.

7.

8.

9.

The state of Israel shall recognize the state of Palestine (hereinafter “Palestine”) upon its establishment. The state of Palestine shall immediately recognize the state of Israel. The state of Palestine shall be the successor to the PLO with all its rights and obligations. Israel and Palestine shall immediately establish full diplomatic and consular relations with each other and will exchange resident Ambassadors, within one month of their mutual recognition. The Parties recognize Palestine and Israel as the homelands of their respective peoples. The Parties are committed not to interfere in each other’s internal affairs. This Agreement supercedes all prior agreements between the Parties. Without prejudice to the commitments undertaken by them in this Agreement, relations between Israel and Palestine shall be based upon the provisions of the Charter of the United Nations. With a view to the advancement of the relations between the two States and peoples, Palestine and Israel shall cooperate in areas of common interest. These shall include, but are not limited to, dialogue between their legislatures and state institutions, cooperation between their appropriate local authorities, promotion of non-governmental civil society cooperation, and joint programs and exchange in the areas of culture, media, youth, science, education, environment, health, agriculture, tourism, and crime prevention. The Israeli-Palestinian Cooperation Committee will oversee this cooperation in accordance with Article 8. The Parties shall cooperate in areas of joint economic interest, to best realize the human potential of their respective peoples. In this regard, they will work bilaterally, regionally, and with the international community to maximize the benefit of peace to the broadest cross-section of their respective populations. Relevant standing bodies shall be established by the Parties to this effect. The Parties shall establish robust modalities for security cooperation, and engage in a comprehensive and uninterrupted effort to end terrorism and violence directed against each others persons, property, institutions or territory. This effort shall continue at all times, and shall be insulated from any possible crises and other aspects of the Parties’ relations.


The Geneva Accord

10.

11.

Israel and Palestine shall work together and separately with other parties in the region to enhance and promote regional cooperation and coordination in spheres of common interest. The Parties shall establish a ministerial-level Palestinian-Israeli High Steering Committee to guide, monitor, and facilitate the process of implementation of this Agreement, both bilaterally and in accordance with the mechanisms in Article 3 hereunder.

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3. Implementation and Verification Group 1. Establishment and Composition i.

ii.

iii.

iv.

An Implementation and Verification Group (IVG) shall hereby be established to facilitate, assist in, guarantee, monitor, and resolve disputes relating to the implementation of this Agreement. The IVG shall include the US, the Russian Federation, the EU, the UN, and other parties, both regional and international, to be agreed on by the Parties. The IVG shall work in coordination with the Palestinian-Israeli High Steering Committee established in Article 2/11 above and subsequent to that with the Israeli-Palestinian Cooperation Committee (IPCC) established in Article 8 hereunder. The structure, procedures, and modalities of the IVG are set forth below and detailed in Annex X.

2. Structure i. ii.

iii. iv.

A senior political-level contact group (Contact Group), composed of all the IVG members, shall be the highest authority in the IVG. The Contact Group shall appoint, in consultation with the Parties, a Special Representative who will be the principal executive of the IVG on the ground. The Special Representative shall manage the work of the IVG and maintain constant contact with the Parties, the Palestinian-Israeli High Steering Committee, and the Contact Group. The IVG permanent headquarters and secretariat shall be based in an agreed upon location in Jerusalem. The IVG shall establish its bodies referred to in this Agreement and additional bodies as it deems necessary. These bodies shall be an integral part of and under the authority of the IVG.


The Geneva Accord

v.

vi.

The Multinational Force (MF) established under Article 5 shall be an integral part of the IVG. The Special Representative shall, subject to the approval of the Parties, appoint the Commander of the MF who shall be responsible for the daily command of the MF. Details relating to the Special Representative and MF Force Commander are set forth in Annex X. The IVG shall establish a dispute settlement mechanism, in accordance with Article 16.

3. Coordination with the Parties A Trilateral Committee, composed of the Special Representative and the Palestinian-Israeli High Steering Committee, shall be established and shall meet on at least a monthly basis to review the implementation of this Agreement. The Trilateral Committee will convene within 48 hours upon the request of any of the three parties represented.

4. Functions In addition to the functions specified elsewhere in this Agreement, the IVG shall: i. Take appropriate measures based on the reports it receives from the MF, ii. Assist the Parties in implementing the Agreement and preempt and promptly mediate disputes on the ground.

5. Termination In accordance with the progress in the implementation of this Agreement, and with the fulfillment of the specific mandated functions, the IVG shall terminate its activities in the said spheres. The IVG shall continue to exist unless otherwise agreed by the Parties.

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4. Territory 1. The International Borders between the States of Palestine and Israel i.

ii.

In accordance with UNSC Resolution 242 and 338, the border between the states of Palestine and Israel shall be based on the June 4th 1967 lines with reciprocal modifications on a 1:1 basis as set forth in attached Map 1. The Parties recognize the border, as set out in attached Map 1, as the permanent, secure and recognized international boundary between them.

2. Sovereignty and Inviolability i.

ii.

The Parties recognize and respect each other’s sovereignty, territorial integrity, and political independence, as well as the inviolability of each others territory, including territorial waters and airspace. They shall respect this inviolability in accordance with this Agreement, the UN Charter, and other rules of international law. The Parties recognize each other’s rights in their exclusive economic zones, in accordance with international law.

3. Israeli Withdrawal i. ii. iii. iv.

Israel shall withdraw in accordance with Article 5. Palestine shall assume responsibility for the areas from which Israel withdraws. The transfer of authority from Israel to Palestine shall be in accordance with Annex X. The IVG shall monitor, verify, and facilitate the implementation of this Article.


The Geneva Accord

4. Demarcation i.

ii. iii.

A Joint Technical Border Commission (Commission) composed of the two Parties shall be established to conduct the technical demarcation of the border in accordance with this Article. The procedures governing the work of this Commission are set forth in Annex X. Any disagreement in the Commission shall be referred to the IVG in accordance with Annex X. The physical demarcation of the international borders shall be completed by the Commission not later than nine months from the date of the entry into force of this Agreement.

5. Settlements i. ii. iii.

iv.

v.

vi.

The state of Israel shall be responsible for resettling the Israelis residing in Palestinian sovereign territory outside this territory. The resettlement shall be completed according to the schedule stipulated in Article 5. Existing arrangements in the West Bank and Gaza Strip regarding Israeli settlers and settlements, including security, shall remain in force in each of the settlements until the date prescribed in the timetable for the completion of the evacuation of the relevant settlement. Modalities for the assumption of authority over settlements by Palestine are set forth in Annex X. The IVG shall resolve any disputes that may arise during its implementation. Israel shall keep intact the immovable property, infrastructure and facilities in Israeli settlements to be transferred to Palestinian sovereignty. An agreed inventory shall be drawn up by the Parties with the IVG in advance of the completion of the evacuation and in accordance with Annex X. The state of Palestine shall have exclusive title to all land and any buildings, facilities, infrastructure or other property remaining in any of the settlements on the date prescribed in the timetable for the completion of the evacuation of this settlement.

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6. Corridor i.

ii.

iii. iv. v. vi.

The states of Palestine and Israel shall establish a corridor linking the West Bank and Gaza Strip. This corridor shall: a. Be under Israeli sovereignty. b. Be permanently open. c. Be under Palestinian administration in accordance with Annex X of this Agreement. Palestinian law shall apply to persons using and procedures appertaining to the corridor. d. Not disrupt Israeli transportation and other infrastructural networks, or endanger the environment, public safety or public health. Where necessary, engineering solutions will be sought to avoid such disruptions. e. Allow for the establishment of the necessary infrastructural facilities linking the West Bank and the Gaza Strip. Infrastructural facilities shall be understood to include, inter alia, pipelines, electrical and communications cables, and associated equipment as detailed in Annex X. f. Not be used in contravention of this Agreement. Defensive barriers shall be established along the corridor and Palestinians shall not enter Israel from this corridor, nor shall Israelis enter Palestine from the corridor. The Parties shall seek the assistance of the international community in securing the financing for the corridor. The IVG shall guarantee the implementation of this Article in accordance with Annex X. Any disputes arising between the Parties from the operation of the corridor shall be resolved in accordance with Article 16. The arrangements set forth in this clause may only be terminated or revised by agreement of both Parties.


The Geneva Accord

5. Security 1. General Security Provisions i.

ii.

iii.

The Parties acknowledge that mutual understanding and co-operation in security-related matters will form a significant part of their bilateral relations and will further enhance regional security. Palestine and Israel shall base their security relations on cooperation, mutual trust, good neighborly relations, and the protection of their joint interests. Palestine and Israel each shall: a. Recognize and respect the other’s right to live in peace within secure and recognized boundaries free from the threat or acts of war, terrorism and violence; b. Refrain from the threat or use of force against the territorial integrity or political independence of the other and shall settle all disputes between them by peaceful means; c. Refrain from joining, assisting, promoting or co-operating with any coalition, organization or alliance of a military or security character, the objectives or activities of which include launching aggression or other acts of hostility against the other; d. Refrain from organizing, encouraging, or allowing the formation of irregular forces or armed bands, including mercenaries and militias within their respective territory and prevent their establishment. In this respect, any existing irregular forces or armed bands shall be disbanded and prevented from reforming at any future date; e. Refrain from organizing, assisting, allowing, or participating in acts of violence in or against the other or acquiescing in activities directed toward the commission of such acts. To further security cooperation, the Parties shall establish a high level Joint Security Committee that shall meet on at least a monthly basis. The Joint Security Committee shall have a permanent joint office, and may establish such sub-committees as it deems necessary, including sub-committees to immediately resolve localized tensions.

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2. Regional Security i.

ii.

Israel and Palestine shall work together with their neighbors and the international community to build a secure and stable Middle East, free from weapons of mass destruction, both conventional and non-conventional, in the context of a comprehensive, lasting, and stable peace, characterized by reconciliation, goodwill, and the renunciation of the use of force. To this end, the Parties shall work together to establish a regional security regime.

3. Defense Characteristics of the Palestinian State i. ii.

iii.

iv.

No armed forces, other than as specified in this Agreement, will be deployed or stationed in Palestine. Palestine shall be a non-militarized state, with a strong security force. Accordingly, the limitations on the weapons that may be purchased, owned, or used by the Palestinian Security Force (PSF) or manufactured in Palestine shall be specified in Annex X. Any proposed changes to Annex X shall be considered by a trilateral committee composed of the two Parties and the MF. If no agreement is reached in the trilateral committee, the IVG may make its own recommendations. a. No individuals or organizations in Palestine other than the PSF and the organs of the IVG, including the MF, may purchase, possess, carry or use weapons except as provided by law. The PSF shall: a. Maintain border control; b. Maintain law-and-order and perform police functions; c. Perform intelligence and security functions; d. Prevent terrorism; e. Conduct rescue and emergency missions; and f. Supplement essential community services when necessary. The MF shall monitor and verify compliance with this clause.


The Geneva Accord

4. Terrorism i.

ii.

iii. iv.

The Parties reject and condemn terrorism and violence in all its forms and shall pursue public policies accordingly. In addition, the parties shall refrain from actions and policies that are liable to nurture extremism and create conditions conducive to terrorism on either side. The Parties shall take joint and, in their respective territories, unilateral comprehensive and continuous efforts against all aspects of violence and terrorism. These efforts shall include the prevention and preemption of such acts, and the prosecution of their perpetrators. To that end, the Parties shall maintain ongoing consultation, cooperation, and exchange of information between their respective security forces. A Trilateral Security Committee composed of the two Parties and the United States shall be formed to ensure the implementation of this Article. The Trilateral Security Committee shall develop comprehensive policies and guidelines to fight terrorism and violence.

5. Incitement i.

ii.

Without prejudice to freedom of expression and other internationally recognized human rights, Israel and Palestine shall promulgate laws to prevent incitement to irredentism, racism, terrorism and violence and vigorously enforce them. The IVG shall assist the Parties in establishing guidelines for the implementation of this clause, and shall monitor the Parties’ adherence thereto.

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6. Multinational Force i.

ii. iii.

iv.

v. vi.

A Multinational Force (MF) shall be established to provide security guarantees to the Parties, act as a deterrent, and oversee the implementation of the relevant provisions of this Agreement. The composition, structure and size of the MF are set forth in Annex X. To perform the functions specified in this Agreement, the MF shall be deployed in the state of Palestine. The MF shall enter into the appropriate Status of Forces Agreement (SOFA) with the state of Palestine. In accordance with this Agreement, and as detailed in Annex X, the MF shall: a. In light of the non-militarized nature of the Palestinian state, protect the territorial integrity of the state of Palestine. b. Serve as a deterrent against external attacks that could threaten either of the Parties. c. Deploy observers to areas adjacent to the lines of the Israeli withdrawal during the phases of this withdrawal, in accordance with Annex X. d. Deploy observers to monitor the territorial and maritime borders of the state of Palestine, as specified in clause 5/13 (Border Control). e. Perform the functions on the Palestinian international border crossings specified in clause 5/12 (International Border Crossings). f. Perform the functions relating to the early warning stations as specified in clause 5/8 (Early Warning Stations). g. Perform the functions specified in clause 5/3 (Defense Chaeacteristics of the Palestinian State). h. Perform the functions specified in clause 5/7 (Evacuation). i. Perform the functions specified in Article 10. j. Help in the enforcement of anti-terrorism measures. k. Help in the training of the PSF. In relation to the above, the MF shall report to and update the IVG in accordance with Annex X. The MF shall only be withdrawn or have its mandate changed by agreement of the Parties.


The Geneva Accord

7. Evacuation i.

ii.

iii.

iv.

v.

vi.

vii.

Israel shall withdraw all its military and security personnel and equipment, including landmines, and all persons employed to support them, and all military installations from the territory of the state of Palestine, except as otherwise agreed in Annex X, in stages. The staged withdrawals shall commence immediately upon entry into force of this Agreement and shall be made in accordance with the timetable and modalities set forth in Annex X. The stages shall be designed subject to the following principles: a. The need to create immediate clear contiguity and facilitate the early implementation of Palestinian development plans. b. Israel’s capacity to relocate, house and absorb settlers. While costs and inconveniences are inherent in such a process, these shall not be unduly disruptive. c. The need to construct and operationalize the border between the two states. d. The introduction and effective functioning of the MF, in particular on the eastern border of the state of Palestine. Accordingly, the withdrawal shall be implemented in the following stages: a. The first stage shall include the areas of the state of Palestine, as defined in Map X, and shall be completed within 9 months. b. The second and third stages shall include the remainder of the territory of the state of Palestine and shall be completed within 21 months of the end of the first stage. Israel shall complete its withdrawal from the territory of the state of Palestine within 30 months of the entry into force of this Agreement, and in accordance with this Agreement. Israel will maintain a small military presence in the Jordan Valley under the authority of the MF and subject to the MF SOFA as detailed in Annex X for an additional 36 months. The stipulated period may be reviewed by the Parties in the event of relevant regional developments, and may be altered by the Parties’ consent. In accordance with Annex X, the MF shall monitor and verify compliance with this clause.

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8. Early Warning Stations i. ii.

iii. iv. v.

vi.

vii.

Israel may maintain two EWS in the northern, and central West Bank at the locations set forth in Annex X. The EWS shall be staffed by the minimal required number of Israeli personnel and shall occupy the minimal amount of land necessary for their operation as set forth in Annex X. Access to the EWS will be guaranteed and escorted by the MF. Internal security of the EWS shall be the responsibility of Israel. The perimeter security of the EWS shall be the responsibility of the MF. The MF and the PSF shall maintain a liaison presence in the EWS. The MF shall monitor and verify that the EWS is being used for purposes recognized by this Agreement as detailed in Annex X. The arrangements set forth in this Article shall be subject to review in ten years, with any changes to be mutually agreed. Thereafter, there will be five-yearly reviews whereby the arrangements set forth in this Article may be extended by mutual consent. If at any point during the period specified above a regional security regime is established, then the IVG may request that the Parties review whether to continue or revise operational uses for the EWS in light of these developments. Any such change will require the mutual consent of the Parties.


The Geneva Accord

9. Airspace i.

ii.

Civil Aviation a. The Parties recognize as applicable to each other the rights, privileges and obligations provided for by the multilateral aviation agreements to which they are both party, particularly by the 1944 Convention on International Civil Aviation (The Chicago Convention) and the 1944 International Air Services Transit Agreement. b. In addition, the Parties shall, upon entry into force of this Agreement, establish a trilateral committee composed of the two Parties and the IVG to design the most efficient management system for civil aviation, including those relevant aspects of the air traffic control system. In the absence of consensus the IVG may make its own recommendations. Training a. The Israeli Air Force shall be entitled to use the Palestinian sovereign airspace for training purposes in accordance with Annex X, which shall be based on rules pertaining to IAF use of Israeli airspace. b. The IVG shall monitor and verify compliance with this clause. Either Party may submit a complaint to the IVG whose decision shall be conclusive. c. The arrangements set forth in this clause shall be subject to review every ten years, and may be altered or terminated by the agreement of both Parties.

10. Electromagnetic Sphere i. ii. iii. iv.

Neither Party’s use of the electromagnetic sphere may interfere with the other Party’s use. Annex X shall detail arrangements relating to the use of the electromagnetic sphere. The IVG shall monitor and verify the implementation of this clause and Annex X. Any Party may submit a complaint to the IVG whose decision shall be conclusive.

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The Geneva Initiative

11. Law Enforcement The Israeli and Palestinian law enforcement agencies shall cooperate in combating illicit drug trafficking, illegal trafficking in archaeological artifacts and objects of arts, cross-border crime, including theft and fraud, organized crime, trafficking in women and minors, counterfeiting, pirate TV and radio stations, and other illegal activity.

12. International Border Crossings i.

ii.

iii.

iv.

v.

vi.

The following arrangements shall apply to borders crossing between the state of Palestine and Jordan, the state of Palestine and Egypt, as well as airport and seaport entry points to the state of Palestine. All border crossings shall be monitored by joint teams composed of members of the PSF and the MF. These teams shall prevent the entry into Palestine of any weapons, materials or equipment that are in contravention of the provisions of this Agreement. The MF representatives and the PSF will have, jointly and separately, the authority to block the entry into Palestine of any such items. If at any time a disagreement regarding the entrance of goods or materials arises between the PSF and the MF representatives, the PSF may bring the matter to the IVG, whose binding conclusions shall be rendered within 24 hours. This arrangement shall be reviewed by the IVG after 5 years to determine its continuation, modification or termination. Thereafter, the Palestinian party may request such a review on an annual basis. In passenger terminals, for thirty months, Israel may maintain an unseen presence in a designated on-site facility, to be staffed by members of the MF and Israelis, utilizing appropriate technology. The Israeli side may request that the MF-PSF conduct further inspections and take appropriate action. For the following two years, these arrangements will continue in a specially designated facility in Israel, utilizing appropriate technology. This shall not cause delays beyond the procedures outlined in this clause.


The Geneva Accord

vii.

In cargo terminals, for thirty months, Israel may maintain an unseen presence in a designated on-site facility, to be staffed by members of the MF and Israelis, utilizing appropriate technology. The Israeli side may request that the MF-PSF conduct further inspections and take appropriate action. If the Israeli side is not satisfied by the MF-PSF action, it may demand that the cargo be detained pending a decision by an MF inspector. The MF inspector’s decision shall be binding and final, and shall be rendered within 12 hours of the Israeli complaint. viii. For the following three years, these arrangements will continue from a specially designated facility in Israel, utilizing appropriate technology. This shall not cause delays beyond the timelines outlined in this clause. ix. A high level trilateral committee composed of representatives of Palestine, Israel, and the IVG shall meet regularly to monitor the application of these procedures and correct any irregularities, and may be convened on request. x. The details of the above are set forth in Annex X.

13. Border Control i. ii.

The PSF shall maintain border control as detailed in Annex X. The MF shall monitor and verify the maintenance of border control by the PSF.

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6. Jerusalem 1. Religious and Cultural Significance: i.

ii.

The Parties recognize the universal historic, religious, spiritual, and cultural significance of Jerusalem and its holiness enshrined in Judaism, Christianity, and Islam. In recognition of this status, the Parties reaffirm their commitment to safeguard the character, holiness, and freedom of worship in the city and to respect the existing division of administrative functions and traditional practices between different denominations. The Parties shall establish an inter-faith body consisting of representatives of the three monotheistic faiths, to act as a consultative body to the Parties on matters related to the city’s religious significance and to promote interreligious understanding and dialogue. The composition, procedures, and modalities for this body are set forth in Annex X.

2. Capital of Two States The Parties shall have their mutually recognized capitals in the areas of Jerusalem under their respective sovereignty.

3. Sovereignty Sovereignty in Jerusalem shall be in accordance with attached Map 2. This shall not prejudice nor be prejudiced by the arrangements set forth below.


The Geneva Accord

4. Border Regime The border regime shall be designed according to the provisions of Article 11, and taking into account the specific needs of Jerusalem (e.g., movement of tourists and intensity of border crossing use including provisions for Jerusalemites) and the provisions of this Article.

5. Al-Haram al-Sharif/ Temple Mount (Compound) i.

International Group a. An International Group, composed of the IVG and other parties to be agreed upon by the Parties, including members of the Organization of the Islamic Conference (OIC), shall hereby be established to monitor, verify, and assist in the implementation of this clause. b. For this purpose, the International Group shall establish a Multinational Presence on the Compound, the composition, structure, mandate and functions of which are set forth in Annex X. c. The Multinational Presence shall have specialized detachments dealing with security and conservation. The Multinational Presence shall make periodic conservation and security reports to the International Group. These reports shall be made public. d. The Multinational Presence shall strive to immediately resolve any problems arising and may refer any unresolved disputes to the International Group that will function in accordance with Article 16. e. The Parties may at any time request clarifications or submit complaints to the International Group which shall be promptly investigated and acted upon. f. The International Group shall draw up rules and regulations to maintain security on and conservation of the Compound. These shall include lists of the weapons and equipment permitted on the site.

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ii.

iii.

The Geneva Initiative

Regulations Regarding the Compound a. In view of the sanctity of the Compound, and in light of the unique religious and cultural significance of the site to the Jewish people, there shall be no digging, excavation, or construction on the Compound, unless approved by the two Parties. Procedures for regular maintenance and emergency repairs on the Compound shall be established by the IG after consultation with the Parties. b. The state of Palestine shall be responsible for maintaining the security of the Compound and for ensuring that it will not be used for any hostile acts against Israelis or Israeli areas. The only arms permitted on the Compound shall be those carried by the Palestinian security personnel and the security detachment of the Multinational Presence. c. In light of the universal significance of the Compound, and subject to security considerations and to the need not to disrupt religious worship or decorum on the site as determined by the Waqf, visitors shall be allowed access to the site. This shall be without any discrimination and generally be in accordance with past practice. Transfer of Authority a. At the end of the withdrawal period stipulated in Article 5/7, the state of Palestine shall assert sovereignty over the Compound. b. The International Group and its subsidiary organs shall continue to exist and fulfill all the functions stipulated in this Article unless otherwise agreed by the two Parties.

6. The Wailing Wall The Wailing Wall shall be under Israeli sovereignty.


The Geneva Accord

7. The Old City i.

ii.

iii.

Significance of the Old City a. The Parties view the Old City as one whole enjoying a unique character. The Parties agree that the preservation of this unique character together with safeguarding and promoting the welfare of the inhabitants should guide the administration of the Old City. b. The Parties shall act in accordance with the UNESCO World Cultural Heritage List regulations, in which the Old City is a registered site. IVG Role in the Old City a. Cultural Heritage 1. The IVG shall monitor and verify the preservation of cultural heritage in the Old City in accordance with the UNESCO World Cultural Heritage List rules. For this purpose, the IVG shall have free and unimpeded access to sites, documents, and information related to the performance of this function. 2. The IVG shall work in close coordination with the Old City Committee of the Jerusalem Coordination and Development Committee (JCDC), including in devising a restoration and preservation plan for the Old City. b. Policing 1. The IVG shall establish an Old City Policing Unit (PU) to liaise with, coordinate between, and assist the Palestinian and Israeli police forces in the Old City, to defuse localized tensions and help resolve disputes, and to perform policing duties in locations specified in and according to operational procedures detailed in Annex X. 2. The PU shall periodically report to the IVG. c. Either Party may submit complaints in relation to this clause to the IVG, which shall promptly act upon them in accordance with Article 16. Free Movement within the Old City Movement within the Old City shall be free and unimpeded subject to the provisions of this article and rules and regulations pertaining to the various holy sites.

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iv.

v.

vi.

The Geneva Initiative

Entry into and Exit from the Old City a. Entry and exit points into and from the Old City will be staffed by the authorities of the state under whose sovereignty the point falls, with the presence of PU members, unless otherwise specified. b. With a view to facilitating movement into the Old City, each Party shall take such measures at the entry points in its territory as to ensure the preservation of security in the Old City. The PU shall monitor the operation of the entry points. c. Citizens of either Party may not exit the Old City into the territory of the other Party unless they are in possession of the relevant documentation that entitles them to. Tourists may only exit the Old City into the territory of the Party which they posses valid authorization to enter. Suspension, Termination, and Expansion a. Either Party may suspend the arrangements set forth in Article 6.7.iii in cases of emergency for one week. The extension of such suspension for longer than a week shall be pursuant to consultation with the other Party and the IVG at the Trilateral Committee established in Article 3/3. b. This clause shall not apply to the arrangements set forth in Article 6/7/vi. c. Three years after the transfer of authority over the Old City, the Parties shall review these arrangements. These arrangements may only be terminated by agreement of the Parties. d. The Parties shall examine the possibility of expanding these arrangements beyond the Old City and may agree to such an expansion. Special Arrangements a. Along the way outlined in Map X (from the Jaffa Gate to the Zion Gate) there will be permanent and guaranteed arrangements for Israelis regarding access, freedom of movement, and security, as set forth in Annex X. 1. The IVG shall be responsible for the implementation of these arrangements.


The Geneva Accord

b.

Without prejudice to Palestinian sovereignty, Israeli administration of the Citadel will be as outlined in Annex X. vii. Color-Coding of the Old City A visible color-coding scheme shall be used in the Old City to denote the sovereign areas of the respective Parties. viii. Policing a. An agreed number of Israeli police shall constitute the Israeli Old City police detachment and shall exercise responsibility for maintaining order and day-to-day policing functions in the area under Israeli sovereignty. b. An agreed number of Palestinian police shall constitute the Palestinian Old City police detachment and shall exercise responsibility for maintaining order and day-to-day policing functions in the area under Palestinian sovereignty. c. All members of the respective Israeli and Palestinian Old City police detachments shall undergo special training, including joint training exercises, to be administered by the PU. d. A special Joint Situation Room, under the direction of the PU and incorporating members of the Israeli and Palestinian Old City police detachments, shall facilitate liaison on all relevant matters of policing and security in the Old City. ix. Arms No person shall be allowed to carry or possess arms in the Old City, with the exception of the Police Forces provided for in this agreement. In addition, each Party may grant special written permission to carry or possess arms in areas under its sovereignty. x. Intelligence and Security a. The Parties shall establish intensive intelligence cooperation regarding the Old City, including the immediate sharing of threat information. b. A trilateral committee composed of the two Parties and representatives of the United States shall be established to facilitate this cooperation.

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The Geneva Initiative

8. Mount of Olives Cemetery i.

The area outlined in Map X (the Jewish Cemetery on the Mount of Olives) shall be under Israeli administration; Israeli law shall apply to persons using and procedures appertaining to this area in accordance with Annex X. a. There shall be a designated road to provide free, unlimited, and unimpeded access to the Cemetery. b. The IVG shall monitor the implementation of this clause. c. This arrangement may only be terminated by the agreement of both Parties.

9. Special Cemetery Arrangements Arrangements shall be established in the two cemeteries designated in Map X (Mount Zion Cemetery and the German Colony Cemetery), to facilitate and ensure the continuation of the current burial and visitation practices, including the facilitation of access.

10. The Western Wall Tunnel i.

ii.

The Western Wall Tunnel designated in Map X shall be under Israeli administration, including: a. Unrestricted Israeli access and right to worship and conduct religious practices. b. Responsibility for the preservation and maintenance of the site in accordance with this Agreement and without damaging structures above, under IVG supervision. c. Israeli policing. d. IVG monitoring e. The Northern Exit of the Tunnel shall only be used for exit and may only be closed in case of emergency as stipulated in Article 6/7 (The Old City). This arrangement may only be terminated by the agreement of both Parties.


The Geneva Accord

11. Municipal Coordination i.

ii.

iii.

The two Jerusalem municipalities shall form a Jerusalem Co-ordination and Development Committee (“JCDC�) to oversee the cooperation and coordination between the Palestinian Jerusalem municipality and the Israeli Jerusalem municipality. The JCDC and its sub-committees shall be composed of an equal number of representatives from Palestine and Israel. Each side will appoint members of the JCDC and its subcommittees in accordance with its own modalities. The JCDC shall ensure that the coordination of infrastructure and services best serves the residents of Jerusalem, and shall promote the economic development of the city to the benefit of all. The JCDC will act to encourage cross-community dialogue and reconciliation. The JCDC shall have the following subcommittees: a. A Planning and Zoning Committee: to ensure agreed planning and zoning regulations in areas designated in Annex X. b. A Hydro Infrastructure Committee: to handle matters relating to drinking water delivery, drainage, and wastewater collection and treatment. c. A Transport Committee: to coordinate relevant connectedness and compatibility of the two road systems and other issues pertaining to transport. d. An Environmental Committee: to deal with environmental issues affecting the quality of life in the city, including solid waste management. e. An Economic and Development Committee: to formulate plans for economic development in areas of joint interest, including in the areas of transportation, seam line commercial cooperation, and tourism. f. A Police and Emergency Services Committee: to coordinate measures for the maintenance of public order and crime prevention and the provision of emergency services. g. An Old City Committee: to plan and closely coordinate the joint provision of the relevant municipal services, and other functions stipulated in Article 6/7. h. Other Committees as agreed in the JCDC.

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The Geneva Initiative

12. Israeli Residency of Palestinian Jerusalemites Palestinian Jerusalemites who currently are permanent residents of Israel shall lose this status upon the transfer of authority to Palestine of those areas in which they reside.

13. Transfer of authority The Parties will apply in certain socio-economic spheres interim measures to ensure the agreed, expeditious, and orderly transfer of powers and obligations from Israel to Palestine. This shall be done in a manner that preserves the accumulated socio-economic rights of the residents of East Jerusalem.


The Geneva Accord

7. Refugees 1. Significance of the Refugee Problem i.

ii.

The Parties recognize that, in the context of two independent states, Palestine and Israel, living side by side in peace, an agreed resolution of the refugee problem is necessary for achieving a just, comprehensive and lasting peace between them. Such a resolution will also be central to stability building and development in the region.

2. UNGAR 194, UNSC Resolution 242, and the Arab Peace Initiative i.

The Parties recognize that UNGAR 194, UNSC Resolution 242, and the Arab Peace Initiative (Article 2.ii.) concerning the rights of the Palestinian refugees represent the basis for resolving the refugee issue, and agree that these rights are fulfilled according to Article 7 of this Agreement.

3. Compensation i.

ii.

Refugees shall be entitled to compensation for their refugeehood and for loss of property. This shall not prejudice or be prejudiced by the refugee’s permanent place of residence. The Parties recognize the right of states that have hosted Palestinian refugees to remuneration.

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The Geneva Initiative

4. Choice of Permanent Place of Residence (PPR) The solution to the PPR aspect of the refugee problem shall entail an act of informed choice on the part of the refugee to be exercised in accordance with the options and modalities set forth in this agreement. PPR options from which the refugees may choose shall be as follows; i. The state of Palestine, in accordance with clause a below. ii. Areas in Israel being transferred to Palestine in the land swap, following assumption of Palestinian sovereignty, in accordance with clause a below. iii. Third Countries, in accordance with clause b below. iv. The state of Israel, in accordance with clause c below. v. Present Host countries, in accordance with clause d below. a. PPR options i and ii shall be the right of all Palestinian refugees and shall be in accordance with the laws of the State of Palestine. b. Option iii shall be at the sovereign discretion of third countries and shall be in accordance with numbers that each third country will submit to the International Commission. These numbers shall represent the total number of Palestinian refugees that each third country shall accept. c. Option iv shall be at the sovereign discretion of Israel and will be in accordance with a number that Israel will submit to the International Commission. This number shall represent the total number of Palestinian refugees that Israel shall accept. As a basis, Israel will consider the average of the total numbers submitted by the different third countries to the International Commission. d. Option v shall be in accordance with the sovereign discretion of present host countries. Where exercised this shall be in the context of prompt and extensive development and rehabilitation programs for the refugee communities Priority in all the above shall be accorded to the Palestinian refugee population in Lebanon.


The Geneva Accord

5. Free and Informed Choice The process by which Palestinian refugees shall express their PPR choice shall be on the basis of a free and informed decision. The Parties themselves are committed and will encourage third parties to facilitate the refugees’ free choice in expressing their preferences, and to countering any attempts at interference or organized pressure on the process of choice. This will not prejudice the recognition of Palestine as the realization of Palestinian self-determination and statehood.

6. End of Refugee Status Palestinian refugee status shall be terminated upon the realization of an individual refugee’s permanent place of residence (PPR) as determined by the International Commission.

7. End of Claims This agreement provides for the permanent and complete resolution of the Palestinian refugee problem. No claims may be raised except for those related to the implementation of this agreement.

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38

The Geneva Initiative

8. International Role The Parties call upon the international community to participate fully in the comprehensive resolution of the refugee problem in accordance with this Agreement, including, inter alia, the establishment of an International Commission and an International Fund.

9. Property Compensation i. ii.

iii.

iv.

Refugees shall be compensated for the loss of property resulting from their displacement. The aggregate sum of property compensation shall be calculated as follows: a. The Parties shall request the International Commission to appoint a Panel of Experts to estimate the value of Palestinians’ property at the time of displacement. b. The Panel of Experts shall base its assessment on the UNCCP records, the records of the Custodian for Absentee Property, and any other records it deems relevant. The Parties shall make these records available to the Panel. c. The Parties shall appoint experts to advise and assist the Panel in its work. d. Within 6 months, the Panel shall submit its estimates to the Parties. e. The Parties shall agree on an economic multiplier, to be applied to the estimates, to reach a fair aggregate value of the property. The aggregate value agreed to by the Parties shall constitute the Israeli “lump sum” contribution to the International Fund. No other financial claims arising from the Palestinian refugee problem may be raised against Israel. Israel’s contribution shall be made in installments in accordance with Schedule X.


The Geneva Accord

v.

The value of the Israeli fixed assets that shall remain intact in former settlements and transferred to the state of Palestine will be deducted from Israel’s contribution to the International Fund. An estimation of this value shall be made by the International Fund, taking into account assessment of damage caused by the settlements.

10. Compensation for Refugeehood i.

ii.

A “Refugeehood Fund” shall be established in recognition of each individual’s refugeehood. The Fund, to which Israel shall be a contributing party, shall be overseen by the International Commission. The structure and financing of the Fund is set forth in Annex X. Funds will be disbursed to refugee communities in the former areas of UNRWA operation, and will be at their disposal for communal development and commemoration of the refugee experience. Appropriate mechanisms will be devised by the International Commission whereby the beneficiary refugee communities are empowered to determine and administer the use of this Fund.

11. The International Commission (Commission) i.

Mandate and Composition a. An International Commission shall be established and shall have full and exclusive responsibility for implementing all aspects of this Agreement pertaining to refugees. b. In addition to themselves, the Parties call upon the United Nations, the United States, UNRWA, the Arab host countries, the EU, Switzerland, Canada, Norway, Japan, the World Bank, the Russian Federation, and others to be the members of the Commission.

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The Geneva Initiative

40

c.

ii.

iii.

The Commission shall: 1. Oversee and manage the process whereby the status and PPR of Palestinian refugees is determined and realized. 2. Oversee and manage, in close cooperation with the host states, the rehabilitation and development programs. 3. Raise and disburse funds as appropriate. d. The Parties shall make available to the Commission all relevant documentary records and archival materials in their possession that it deems necessary for the functioning of the Commission and its organs. The Commission may request such materials from all other relevant parties and bodies, including, inter alia, UNCCP and UNRWA. Structure a. The Commission shall be governed by an Executive Board (Board) composed of representatives of its members. b. The Board shall be the highest authority in the Commission and shall make the relevant policy decisions in accordance with this Agreement. c. The Board shall draw up the procedures governing the work of the Commission in accordance with this Agreement. d. The Board shall oversee the conduct of the various Committees of the Commission. The said Committees shall periodically report to the Board in accordance with procedures set forth thereby. e. The Board shall create a Secretariat and appoint a Chair thereof. The Chair and the Secretariat shall conduct the day-to-day operation of the Commission. Specific Committees a. The Commission shall establish the Technical Committees specified below. b. Unless otherwise specified in this Agreement, the Board shall determine the structure and procedures of the Committees. c. The Parties may make submissions to the Committees as deemed necessary.


The Geneva Accord

d.

iv.

v.

vi. vii.

The Committees shall establish mechanisms for resolution of disputes arising from the interpretation or implementation of the provisions of this Agreement relating to refugees. e. The Committees shall function in accordance with this Agreement, and shall render binding decisions accordingly. f. Refugees shall have the right to appeal decisions affecting them according to mechanisms established by this Agreement and detailed in Annex X. Status-determination Committee a. The Status-determination Committee shall be responsible for verifying refugee status. b. UNRWA registration shall be considered as rebuttable presumption (prima facie proof) of refugee status. Compensation Committee a. The Compensation Committee shall be responsible for administering the implementation of the compensation provisions. b. The Committee shall disburse compensation for individual property pursuant to the following modalities: 1. Either a fixed per capita award for property claims below a specified value. This will require the claimant to only prove title, and shall be processed according to a fast-track procedure, or 2. A claims-based award for property claims exceeding a specified value for immovables and other assets. This will require the claimant to prove both title and the value of the losses. c. Annex X shall elaborate the details of the above including, but not limited to, evidentiary issues and the use of UNCCP, “Custodian for Absentees’ Property�, and UNRWA records, along with any other relevant records. Host State Remuneration Committee: There shall be remuneration for host states. Permanent Place of Residence Committee (PPR Committee) The PPR Committee shall: a. Develop with all the relevant parties detailed programs regarding the implementation of the PPR options pursuant to Article 7/4 above.

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The Geneva Initiative

42

b.

Assist the applicants in making an informed choice regarding PPR options. c. Receive applications from refugees regarding PPR. The applicants must indicate a number of preferences in accordance with article 7/4 above. The applications shall be received no later than two years after the start of the International Commission’s operations. Refugees who do not submit such applications within the two-year period shall lose their refugee status. d. Determine, in accordance with sub-Article (a) above, the PPR of the applicants, taking into account individual preferences and maintenance of family unity. Applicants who do not avail themselves of the Committee’s PPR determination shall lose their refugee status. e. Provide the applicants with the appropriate technical and legal assistance. f. The PPR of Palestinian refugees shall be realized within 5 years of the start of the International Commission’s operations. viii. Refugeehood Fund Committee The Refugeehood Fund Committee shall implement Article 7/10 as detailed in Annex X. ix. Rehabilitation and Development Committee In accordance with the aims of this Agreement and noting the above PPR programs, the Rehabilitation and Development Committee shall work closely with Palestine, Host Countries and other relevant third countries and parties in pursuing the goal of refugee rehabilitation and community development. This shall include devising programs and plans to provide the former refugees with opportunities for personal and communal development, housing, education, healthcare, re-training and other needs. This shall be integrated in the general development plans for the region.


The Geneva Accord

12. The International Fund i.

ii.

An International Fund (the Fund) shall be established to receive contributions outlined in this Article and additional contributions from the international community. The Fund shall disburse monies to the Commission to enable it to carry out its functions. The Fund shall audit the Commission’s work. The structure, composition and operation of the Fund are set forth in Annex X.

13. UNRWA i. ii.

UNRWA should be phased out in each country in which it operates, based on the end of refugee status in that country. UNRWA should cease to exist five years after the start of the Commission’s operations. The Commission shall draw up a plan for the phasing out of UNRWA and shall facilitate the transfer of UNRWA functions to host states.

14. Reconciliation Programs i.

ii.

iii. iv.

The Parties will encourage and promote the development of cooperation between their relevant institutions and civil societies in creating forums for exchanging historical narratives and enhancing mutual understanding regarding the past. The Parties shall encourage and facilitate exchanges in order to disseminate a richer appreciation of these respective narratives, in the fields of formal and informal education, by providing conditions for direct contacts between schools, educational institutions and civil society. The Parties may consider cross-community cultural programs in order to promote the goals of conciliation in relation to their respective histories. These programs may include developing appropriate ways of commemorating those villages and communities that existed prior to 1949.

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The Geneva Initiative

8. Israeli-Palestinian Cooperation Committee (IPCC) 1.

2.

3.

The Parties shall establish an Israeli-Palestinian Cooperation Committee immediately upon the entry into force of this agreement. The IPCC shall be a ministerial-level body with ministerial-level Co-Chairs. The IPCC shall develop and assist in the implementation of policies for cooperation in areas of common interest including, but not limited to, infrastructure needs, sustainable development and environmental issues, cross-border municipal cooperation, border area industrial parks, exchange programs, human resource development, sports and youth, science, agriculture and culture. The IPCC shall strive to broaden the spheres and scope of cooperation between the Parties.


The Geneva Accord

9. Designated Road Use Arrangements 1.

2. 3. 4.

5.

6.

7. 8.

The following arrangements for Israeli civilian use will apply to the designated roads in Palestine as detailed in Map X (Road 443, Jerusalem to Tiberias via Jordan Valley, and Jerusalem –Ein Gedi). These arrangements shall not prejudice Palestinian jurisdiction over these roads, including PSF patrols. The procedures for designated road use arrangements will be further detailed in Annex X. Israelis may be granted permits for use of designated roads. Proof of authorization may be presented at entry points to the designated roads. The sides will review options for establishing a road use system based on smart card technology. The designated roads will be patrolled by the MF at all times. The MF will establish with the states of Israel and Palestine agreed arrangements for cooperation in emergency medical evacuation of Israelis. In the event of any incidents involving Israeli citizens and requiring criminal or legal proceedings, there will be full cooperation between the Israeli and Palestinian authorities according to arrangements to be agreed upon as part of the legal cooperation between the two states. The Parties may call on the IVG to assist in this respect. Israelis shall not use the designated roads as a means of entering Palestine without the relevant documentation and authorization. In the event of regional peace, arrangements for Palestinian civilian use of designated roads in Israel shall be agreed and come into effect.

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46

The Geneva Initiative

10. Sites of Religious Significance 1.

2. 3. 4. 5. 6. 7. 8. 9. 10.

11. 12.

The Parties shall establish special arrangements to guarantee access to agreed sites of religious significance, as will be detailed in Annex X. These arrangements will apply, inter alia, to the Tomb of the Patriarchs in Hebron and Rachel’s Tomb in Bethlehem, and Nabi Samuel. Access to and from the sites will be by way of designated shuttle facilities from the relevant border crossing to the sites. The Parties shall agree on requirements and procedures for granting licenses to authorized private shuttle operators. The shuttles and passengers will be subject to MF inspection. The shuttles will be escorted on their route between the border crossing and the sites by the MF. The shuttles shall be under the traffic regulations and jurisdiction of the Party in whose territory they are traveling. Arrangements for access to the sites on special days and holidays are detailed in Annex X. The Palestinian Tourist Police and the MF will be present at these sites. The Parties shall establish a joint body for the religious administration of these sites. In the event of any incidents involving Israeli citizens and requiring criminal or legal proceedings, there will be full cooperation between the Israeli and Palestinian authorities according to arrangements to be agreed upon. The Parties may call on the IVG to assist in this respect. Israelis shall not use the shuttles as a means of entering Palestine without the relevant documentation and authorization. The Parties shall protect and preserve the sites of religious significance listed in Annex X and shall facilitate visitation to the cemeteries listed in Annex X.


The Geneva Accord

11. Border Regime 1.

2. 3. 4.

5.

There shall be a border regime between the two states, with movement between them subject to the domestic legal requirements of each and to the provisions of this Agreement as detailed in Annex X. Movement across the border shall only be through designated border crossings. Procedures in border crossings shall be designed to facilitate strong trade and economic ties, including labor movement between the Parties. Each Party shall, each in its respective territory, take the measures it deems necessary to ensure that no persons, vehicles, or goods enter the territory of the other illegally. Special border arrangements in Jerusalem shall be in accordance with Article 6 above.

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The Geneva Initiative

12. Water See annex 10 (pp. 231-250)

13. Economic Relations See annex 12 (pp. 379-418)

14. Legal Cooperation


The Geneva Accord

15. Palestinian Prisoners and Detainees 1.

In the context of this Permanent Status Agreement between Israel and Palestine, the end of conflict, cessation of all violence, and the robust security arrangements set forth in this Agreement, all the Palestinian and Arab prisoners detained in the framework of the Israeli-Palestinian conflict prior to the date of signature of this Agreement, DD/MM/YY, shall be released in accordance with the categories set forth below and detailed in Annex X. a. Category A: all persons imprisoned prior to the start of the implementation of the Declaration of Principles on May 4, 1994, administrative detainees, and minors, as well as women, and prisoners in ill health shall be released immediately upon the entry into force of this Agreement. b. Category B: all persons imprisoned after May 4, 1994 and prior to the signature of this Agreement shall be released no later than eighteen months from the entry into force of this Agreement, except those specified in Category C. c. Category C: Exceptional cases – persons whose names are set forth in Annex X – shall be released in thirty months at the end of the full implementation of the territorial aspects of this Agreement set forth in Article 5/7/v.

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50

The Geneva Initiative

16. Dispute Settlement Mechanism 1.

2.

3.

4.

Disputes related to the interpretation or application of this Agreement shall be resolved by negotiations within a bilateral framework to be convened by the High Steering Committee. If a dispute is not settled promptly by the above, either Party may submit it to mediation and conciliation by the IVG mechanism in accordance with Article 3. Disputes which cannot be settled by bilateral negotiation and/or the IVG mechanism shall be settled by a mechanism of conciliation to be agreed upon by the Parties. Disputes which have not been resolved by the above may be submitted by either Party to an arbitration panel. Each Party shall nominate one member of the three-member arbitration panel. The Parties shall select a third arbiter from the agreed list of arbiters set forth in Annex X either by consensus or, in the case of disagreement, by rotation.


The Geneva Accord

17. Final Clauses Including a final clause providing for a UNSCR/UNGAR resolution endorsing the agreement and superceding the previous UN resolutions. The English version of this text will be considered authoritative.

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52

The Geneva Initiative

Map 1. Israel and Palestine Permanent Borders

Rafah

Beer Sheva Dead Sea

Geneva Borders

1967 Lines (Green Line)


53 The Geneva Accord

Mediterranean Sea

Palestine Gaza

Tel Aviv

Israel

Haifa

Jenin

Tul Karem

Qalqilia

Tubas

Palestine

Jericho

Bethlehem

Ramallah

Jerusalem

Halhul

Hebron

Sea of Galilee

Palestinian annexation polygon

Israeli annexation polygon


54

The Geneva Initiative

Introduction to the Geneva Accord Annexes

In December 2003, we launched the Geneva Accord, which was the fruit of negotiations conducted between Palestinians and Israelis for a period of two and a half years. The Accord offered the most detailed solution ever reached to the Israeli-Palestinian conflict. No such detailed document has been presented before or since by Israelis and Palestinians. Even those who criticized our initiative on both sides could never – to this day – present an alternative to our document. We now present the annexes to this Accord. The result of highly concentrated and detailed work of experts on both sides, these annexes complement the original text. Consequently, decision makers can now look to both components and thus save much time on exhausting negotiations – time that will always work to the advantage of those who do not want an agreement. The Geneva Initiative was never presented as the one and only formula for a solution. From the moment it was presented, we said that the accord was an effort to prove to both peoples and to the entire world that such an agreement was possible. Yet over time, the accord has become much more than merely an example. The detailed solution we reached and the dozens of maps we drew up have since become important reference points to official negotiators. Indeed, it would come as no surprise if the solution reached by the parties bore a distinct resemblance to the agreement we reached. The same goes for the annexes, which serve not only as proof that every technical aspect of the agreement can be resolved. For they, too, are ready to be used and implemented once the principles of an Israeli-Palestinian agreement are reached. The preparation of the annexes demanded high levels of expertise, and we wish to thank all those involved in the process, Palestinians and Israelis, who invested time and effort to complete the task. We also wish to thank the Government of Switzerland, and especially Minister for Foreign Affairs Micheline Calmy-Rey, who continues to view this endeavor as an important achievement that warrants encouragement and assistance. We also wish to extend our gratitude to Richard Goodwin, whose generous contribution allowed us to prepare these annexes.


55

Those who support Israeli-Palestinian peace based on a two-state solution will support the Geneva Initiative as well as its annexes. Those who oppose such a peace and prefer to perpetuate the conflict, or “manage� it, will find good reasons to object to any such proposal. For our part, we can only present these annexes to the leaders on both sides and urge them to waste no time. We have faced such moments of truth and missed them too often in the past, because we thought we had all the time in the world ahead of us. That is a mistake we must not repeat.

Yossi Beilin and Yasser Abed-Rabbo Tel Aviv and Ramallah, July 2009


01

The Implementation and Verification Group (IVG)

ǩ Special Representative ǩ Secretariat ǩ Donors Group ǩ Multinational Force ǩ Old City Policing Unit ǩ Dispute Settlement Mechanism ǩ Identification ǩ Training and Orientation


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1. General 1.

Purpose and Goal: a. The Implementation and Verification Group (IVG) is established in order to provide the support of the international community for the peace process between the Parties, and to assist the Parties in the fulfillment of their mutual obligations under the Agreement. b. For these purposes, the IVG will supervise, guarantee, facilitate and assist in preventing and resolving disputes relating to the implementation of the Agreement.

2.

Composition and Structure: a. The Parties shall invite the following member countries and organizations (â&#x20AC;&#x153;Membersâ&#x20AC;?) to participate in the IVG: i. The US. ii. The Russian federation. iii. The EU. iv. The UN Secretariat. b. The Parties may agree to add to the IVG additional member countries and/or organizations, both regional and international. c. The organs and bodies of the IVG shall be as follows: i. The Contact Group. ii. The Special Representative. iii. The Secretariat. iv. The Donors Group. v. The Multinational Force. vi. The Old City Policing Unit. d. The IVG shall establish a Dispute Settlement Mechanism. e. The IVG may decide, with the agreement of the Parties, to establish additional organs and bodies, as it deems necessary for the fulfillment of its tasks. f. The IVG permanent headquarters shall be at an agreed upon location in Jerusalem. g. All references in this Annex to the IVG shall include reference to any of its organs or bodies, as appropriate.


The Implementation and Verification Group

3.

Responsibilities and Functions: a. The IVG shall have the responsibilities and functions set out in the Agreement, including, inter alia, the following: i. Supervise, guarantee, facilitate and assist in preventing and resolving disputes relating to the implementation of the Agreement. ii. Assist the Parties in implementing the Agreement and prevent and promptly mediate disputes on the ground. iii. Assist in preventing and combating all forms of violence, including terrorism. iv. Monitor, verify, and facilitate the implementation of the Israeli withdrawal. v. Resolve any disagreement in the Joint Technical Border Commission on the demarcation of the border. vi. Resolve any disputes that may arise during the evacuation of settlements and assumption of authority over settlements by Palestine. vii. Recommend a solution when it is not reached in the trilateral committee for civil aviation. viii. Recommend an agreement if one is not reached in the trilateral committee that deals with changes in the annex regarding the limitation of weapons used by the Palestinian Security Force (PSF). ix. Monitor and verify compliance of Israeli Air Force use of the Palestinian sovereign airspace for training, and take a conclusive decision when either side submits a complaint. x. Monitor and verify the implementation of the Electromagnetic Sphere clause and annex, and take a conclusive decision when either side submits a complaint. xi. Decide in complaints issued regarding the use of the Electromagnetic Sphere. xii. Decide in matters raised by the PSF concerning disagreement between the PSF and the MF regarding the entrance of goods or materials.

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b.

c.

d. 4.

xiii. Assist the Multinational Presence in al-Haram al-Sharif/Temple Mount (Compound) in its secretariat work, support or any logistic assistance needed. xiv. Assist in cooperating between the two Parties â&#x20AC;&#x201C; if called by them â&#x20AC;&#x201C; in the event of any incidents involving Israeli citizens in the designated roads, that requires criminal or legal proceedings. xv. Monitor and verify the preservation of cultural heritage in the Old City in accordance with the UNESCO World Cultural Heritage List rules. xvi. Assist the Parties in establishing guidelines for the implementation of laws that prevent incitement to irredentism, racism, terrorism and violence, and assist them in vigorously enforcing them. xvii. The IVG will maintain international forces in the West Bank and Gaza crossing points. In the case of a security event involving Israeli or foreign citizens, the international forces will arrive at the site and assist the Israeli and Palestinian security forces. Additional responsibilities and functions may be added to the IVG by the Parties, in a written agreement to be submitted by them to the Special Representative. The Contact Group and the Special Representative may recommend to the Parties additional responsibilities and functions to be conferred to the IVG, or changes and amendments to existing responsibilities and functions. In all such cases, the final decision shall rest with the Parties. The working language of the IVG shall be English.

Expenses and Financing: a. The expenses of the IVG shall be covered by income derived from the UN, the Members and the Parties. b. The Special Representative, with the assistance of the Parties, the Members and the Contact Group, shall establish an IVG Donors Group (Donors Group), comprised of non-Member countries and/or organizations willing to contribute to the success of the IVG and the Agreement. Any expenses not covered by the UN, the Members and the parties will derive from the donors group.


The Implementation and Verification Group

c. d.

e.

f.

g.

5.

The IVG shall strive to maximize local and regional purchasing and procuring for its activities. The Special Representative shall prepare a budget for each financial year, to be approved by the Contact Group and the Parties. Once approved, the budget shall serve to fund the operations of the IVG, as determined by the Special Representative. The financial year for the purpose of the IVG budget shall be from 01/01 to 31/12. For the period prior to the 1 st of January of the year following the signing of the agreement, the budget of the IVG shall consist of such amounts as the Special Representative shall receive during this period. The Special Representative will prepare financial regulations consistent with this Agreement, and shall submit them for the approval of the Contact Group and the Parties no later than _____. These regulations shall include a budgetary process which takes into account the budgetary cycles of the contributing countries and organizations. Once every financial year, the Special representative shall convene a special annual plenary (the Plenary) comprised of representatives of the Parties, the Members, the Contact Group and the Donor Group, to present and discuss the IVGâ&#x20AC;&#x2122;s compliance with its work-plan and budget for the current financial year and its proposed work-plan and budget for the next financial year.

Relations with the Parties: a. A Trilateral Committee, composed of the Special Representative and the Palestinian-Israeli High Steering Committee, shall serve as the most senior forum for coordination between the Parties and the IVG in relation to the implementation of the Agreement and for mutual review of such implementation. b. The Trilateral Committee shall convene for its regular meetings at least once a month. In addition, the Trilateral Committee shall convene for a special session within 48 hours of the request of either of the Parties or of the IVG to the Secretariat.

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62

c.

In addition to the Trilateral Committee, the IVG shall be represented in the various committees and groups established under the Agreement, as detailed thereunder, and in other committees, groups or bodies as shall be agreed upon by the Parties.

6.

Privileges and Immunities: a. Representatives of the IVG, the Special Representative and the various employees of and participants in the IVGâ&#x20AC;&#x2122;s organs and bodies shall be entitled to privileges and immunities as detailed in the Participation Agreement. b. Representatives of the IVG, the Special Representative and the various employees of and participants in the IVGâ&#x20AC;&#x2122;s organs and bodies shall enjoy freedom of movement within the territory of the Parties, as required for the performance of their responsibilities under the Agreement, in accordance with modalities to be developed by the Special Representative with the Parties.

7.

Duration: a. The IVG shall terminate its activities in specific milestone-linked spheres upon the fulfillment of the agreed milestones for those spheres. The IVG shall continue to exist, unless otherwise agreed by the Parties.

8.

The Contact Group a. A senior political-level contact group (Contact Group), composed of all the IVG Members, shall be the highest authority of the IVG. b. The Contact Group shall appoint, in consultation with the Parties, a Special Representative who will be the principal executive of the IVG on the ground. c. Each Member shall be represented in the Contact Group by one senior representative. d. Each Member shall notify the Secretariat of the identity of its officially designated representative.


The Implementation and Verification Group

e.

f. g. h. i.

j.

k.

In the event a designated representative is unable to participate in a meeting of the Contact Group, the appointing Member country/ organization shall appoint a suitable replacement and shall notify the Secretariat accordingly. The Members listed in paragraph 2(a) above shall be deemed as the â&#x20AC;&#x153;Permanent Membersâ&#x20AC;? of the Contact Group. Each Member of the Contact Group is entitled to one vote. In principle, the Contact Group should strive that all its decisions be reached by consensus of all its Members. In cases in which a full consensus decision is not feasible, the decisions of the Contact Group shall be reached through a regular majority vote of its members, further provided that all Permanent Members agree to the decision in question. The Contact Group shall convene at the IVG headquarters. or at another location recommended by the Special Representative and approved by the Contact Group. The Secretariat shall provide all required logistic and administrative support for the operation of the Contact Group.

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2. The Special Representative 1.

2.

3.

4.

5.

6.

7.

8.

The Special Representative shall be appointed by the Contact Group, in consultation with the Parties, and shall serve a term of four years. The Contact Group may, in consultation with the Parties, decide on the renewal of the term of a Special Representative, or on the replacement of the Special Representative, prior to the expiration of his term. As the principal executive of the IVG on the ground, the Special Representative shall be based at the IVG headquarters and shall be responsible for the direction and management of the IVG. For this purpose, the Special Representative is authorized to act on the behalf of the IVG, including through the employment of personnel, the contracting, acquisition and disposal of property and services, the institution of legal proceedings and any other reasonable action necessary and proper for the fulfillment of his responsibilities. As part of his functions, the Special Representative shall serve as the chairman of the Trilateral Committee, which shall also include both Partiesâ&#x20AC;&#x2122; respective members of the Israeli-Palestinian High Steering Committee. The Special Representative shall be responsible for convening the Trilateral Committee on a monthly basis, or more often, upon request of any of the members of the Trilateral Committee. The Special Representative shall be responsible, inter alia, for appointing and removing, in consultation with the Contact Group and the Parties, the Commander and Deputy Commander of the Multinational Force (MF), and the Commander and Deputy Commander of the Old City Policing Unit (PU). The Special Representative shall periodically update and report to the Parties and the Contact Group regarding the activities of the IVG and its fulfillment of its responsibilities under the Agreement. The Special Representative shall request those nations and organizations agreeable to the Parties to supply contingents of personnel and/or equipment to the MF and PU, in accordance with the Participation Agreement. The Special Representative shall impress upon contributing nations and organizations the importance of continuity of service, and shall obtain their agreement not to withdraw their contingents without adequate prior notification to the Special Representative, as specified in the Participation Agreement. The Special Representative will develop a media policy under the guidance of the contact group.


The Implementation and Verification Group

3. The Secretariat 1.

2.

3. 4.

The Secretariat shall serve as the executive, logistic and administrative arm of the Special Representative at IVG headquarters, and shall be responsible for assisting the Special Representative in the performance of his responsibilities. Members of the Secretariat shall be appointed by the Special Representative, from nations agreeable to the Parties. In the event that the Special Representative sees fit to employ nationals of the Parties in the Secretariat, he shall do so, inasmuch as possible, on an equal basis. The Secretariat shall be based at the IVG headquarters. In addition to its other responsibilities, the Secretariat shall serve as the administrative, logistic and organizational service-provider for all international or multi-party committees, groups and bodies established under the Agreement involving the IVG.

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4. The Donors Group 1.

2.

3.

4. 5.

6. 7.

The Donors Group shall be comprised of all countries and organizations who have undertaken an obligation for financial, personnel, logistic or other support for the IVG for the next financial year. Members of the Donors Group shall receive periodic updates and reports from the Special Representative and the Secretariat regarding the activities of the IVG and its fulfillment of its responsibilities under the Agreement, as well as the use made of their contributions. Once a year, the members of the Donors Group shall be invited to participate in the Plenary, in which the Special Representative will present and discuss the IVGâ&#x20AC;&#x2122;s compliance with its work-plan and budget for the current financial year and its proposed work-plan and budget for the next financial year. All financial contributions to the IVG shall conform to the financial year adopted by the IVG for its operations. All obligations for personnel and logistic support shall be for periods which shall be of sufficient length so as to enable the IVG to integrate them into its operation with a minimum of turnaround. The Special Representative shall develop criteria, conditions and requirements for financial, personnel and logistic support for the IVG. The IVG and the Special Representative shall serve as the primary mechanism for discussion and dialogue between a donor country or organization and one or both of the Parties, in relation to the IVG.


The Implementation and Verification Group

5. The Multinational Force General 1.

2.

3.

4.

5.

6. 7.

8.

9.

The IVG will establish a Multinational Force (MF), to provide security guarantees to the Parties, act as a deterrent, and oversee the implementation of the relevant provisions of the Agreement. The MF shall be deployed within the State of Palestine. The MF Headquarters shall be established at an agreed upon location in the State of Palestine agreed upon between the IVG and the Palestinian authorities. The Commander and Deputy Commander of the MF shall be appointed by and shall report to the Special Representative. The Commander and Deputy Commander of the MF shall be from different countries/nationalities. The Commander of the MF shall be a former or current military officer holding the rank of Major General or above. The Deputy Commander of the MF shall be a former or current military officer holding the rank of Brigadier General or above. Both the Commander and Deputy Commander of the MF shall serve for a minimum term of two years. In order to ensure maximum continuity, the Special Representative shall make best efforts not to replace both the Commander and Deputy Commander during the same year. The MF shall consist of a Headquarters, a Military Component (MC), an Observer Unit (OU) and a Support Unit (SU). All members of the MF, including the MC, OU and SU, shall be under the full command authority of the Commander of the MF, who reports to the Special Representative. The Commander shall promulgate the MFâ&#x20AC;&#x2122;s Standing Operating Procedures. The Commander of the MF shall establish a chain of command incorporating the commanders of contingents made available to the MF through national or organizational contributions, under the approval of the Special Representative. The Commander of the MF shall have a general responsibility for the good order of the MF and all its members. The Commander of the MF shall, in coordination with the Special representative, develop procedures for the coordination of disciplinary measures between the MF and the contributing countries and/or organizations. Other than the MC, the other elements of the MF shall be unarmed.

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10.

11. 12. 13.

I]Z<ZcZkV>c^i^Vi^kZ

The Commander of the MF shall be responsible for effective coordination with the Parties and establish a Coordination Committee (CC). The CC shall be comprised of the Commander or Deputy Commander of the MF, and appropriate representatives of the Parties. The CC shall serve as the primary forum for coordination and liaison between the Parties and the MF. The CC shall also include a Subcommittee for Intelligence Cooperation (SIC). The MF shall establish a Joint MF-Palestine Operations Center (JOC), at MF Headquarters or at another agreed location within Palestine.

MF Headquarters 14.

The MF Headquarters will be organized to fulfill its duties in accordance with the Agreement and this Annex. It shall be manned by staff-trained officers of appropriate rank, provided by troop-contributing countries and organizations. Its organization will be determined by the Commander of the MF, who will assign staff positions on an equitable national/organizational/ gender basis.

The Military Component 15.

The MC shall be responsible for the following: a. Provide security guarantees to the Parties, act as a deterrent against any threat or violence, and oversee the implementation of the relevant provisions of this Agreement. b. Protect the territorial integrity of the state of Palestine. c. Serve as a deterrent against external attacks that could threaten either of the Parties. d. Guarantee the implementation of the corridor article. e. Inspect shuttles and passengers in Sites of Religious Significance. f. Escort shuttles on their route between the border crossing and Sites of Religious Significance.


The Implementation and Verification Group

g. h. i. j. k.

16. 17.

18.

19.

20.

21.

Be present at Sites of Religious Significance. Monitor the implementation of the Mount of Olives Cemetery clause. Help in the training of the PSF. Help the PSF in the development of anti-terrorism measures. Guarantee the secure access to the Israeli Early Warning Stations in the West Bank and provide escort to them. l. Implement clause 5.12.ii and 5.12.iii of the agreement. m. Patrol the designated roads at all times and assure the cooperation in emergency medical evacuation of Israelis from these roads. n. Report to and update the IVG. The MC shall consist of four mechanized infantry battalions totaling up to 3000 troops; an Aviation Unit; and a Gaza Coastal Patrol Unit. The MC shall be equipped with standard armament and equipment appropriate for peacekeeping and peace-enforcing operations. The Rules of Engagement of the MC shall be developed by the Commander of the MF, together with the Special Representative and the Parties. Three of the four MC battalions will be stationed and positioned in the Jordan Valley, along the border with Jordan. The fourth MC battalion will be stationed and positioned along the Egypt-Gaza Strip border. The battalions will operate both fixed positions and mobile patrols along these borders. Sub-units of the battalions will be deployed to the designated roads, to the designated places of religious significance and to other locations and sites agreed to by the Parties, for the purpose of escort missions. Exact location of the battalions will be agreed upon between the Palestinian authorities and the MF. The MC battalions will be equipped with cutting-edge modern observation capabilities that will enable them to assist the Palestinian forces in identifying and preventing infiltrations. The Aviation Unit will provide aerial reconnaissance and observation support to the MC and OU, through the use of helicopters and fixed-wing light aircraft equipped with modern observation capabilities. The Gaza Coastal Patrol Unit will operate rapid light-boats along the Gaza coast, and will assist the Palestinian forces in identifying and preventing naval infiltrations.

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70

22.

I]Z<ZcZkV>c^i^Vi^kZ

Members of the MC shall be chosen by the Commander of the MF, from nationalities agreed to by the Parties and the Special Representative. All members of the MC must meet the following conditions: a. At least 10 years professional experience in military duties. b. Full fluency in English. c. Graduation from the IVG Pre-Deployment Course, to be developed by the Special Representative.

The Observer Unit 23.

The OU shall be responsible for the following: a. Monitor and verify compliance of the PSF with the clause regarding the Defense Characteristics of the Palestinian State. b. Deploy observers to areas adjacent to the lines of the Israeli withdrawal during the phases of the withdrawal. c. Deploy observers to monitor the territorial and maritime borders of the state of Palestine, as specified in clause 5/13 of the Agreement. d. Perform the functions on the Palestinian international border crossings specified in clause 5/12 of the Agreement. e. Perform the functions relating to the early warning stations as specified in clause 5/8 of the Agreement. f. Perform the functions specified in clause 5/3 of the Agreement. g. Perform the functions specified in clause 5/7 of the Agreement. h. Perform the functions specified in Article 10 of the Agreement. i. Help in the enforcement of anti-terrorism measures. j. Supervise the small Israeli military presence in the Jordan Valley authorized by the Agreement. k. Monitor and verify that the EWS is being used for purposes recognized by this Agreement. l. Monitor all border crossings to Palestine. m. Monitor and verify the maintenance of border control by the PSF. n. Report to and update the IVG.


The Implementation and Verification Group

24.

25. 26.

27.

The OU will consist of up to 300 civilian observers and shall have the transportation means and capabilities required in order to meet its obligations and tasks. The OU may operate fixed observation posts along the Israel-Palestine borders and in specific locations inside Palestine. The OU will have the authority to conduct challenge inspections, within one hour of notification, anywhere within Palestine, on the basis of information developed by it independently or received through third parties. The Palestinian authorities and forces will ensure that all necessary steps are taken to enable the OU to fulfill this obligation. OU challenge inspections will be escorted by Palestinian security forces and/or MF security personnel, as agreed between the MF and Palestine. Members of the OU shall be chosen by the Commander of the MF, from nationalities agreed to by the Parties and the Special Representative. All members of the OU must meet the following conditions: a. At least 10 years professional experience in policing, diplomatic, military, customs, intelligence or border control duties. b. Full fluency in English. At least 20% should be also fluent in Arabic. c. Graduation from the IVG Pre-Deployment Course, to be developed by the Special Representative.

The Support Unit 28. 29.

The SU shall provide logistic, communication, transportation and other required support to both the MU and OU. Members of the SU shall be chosen by the Commander of the MF, from nationalities agreed to by the Parties and the Special Representative. Members of the SU may be either military or civilian. All members of the SU must meet the following conditions: a. Sufficient professional expertise in their area of specialty. b. Full fluency in English. c. Graduation from the IVG Pre-Deployment Course, to be developed by the Special Representative.

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6. The Old City Policing Unit 1. 2.

3.

4.

The IVG will establish an Old City Policing Unit (PU), which shall operate in the Old City of Jerusalem in full coordination with the Parties. The PU shall be responsible for the following: a. To serve as a liaison and coordination mechanism between the police forces of the two Parties in the Old City. b. To assist the police forces of the two Parties in the Old City in the performance of their duties, in agreed-upon activities. c. To serve as a mechanism for defusing localized tensions and resolving local disputes in the Old City. d. To administer and perform joint training activities with the Partiesâ&#x20AC;&#x2122; respective police forces in the Old City. e. Supervise the preservation and maintenance of The Western Wall Tunnel in accordance with the Agreement and without damaging structures above. f. To perform observation, supervision and monitoring duties in the following sites and locations: i. The entry and exit points into and from the Old City. ii. The Western Wall Tunnel. iii. Throughout the Old City in the form of mobile patrols, as developed and agreed with the Parties. iv. Other locations and sites agreed to by the Parties. g. To perform policing duties in the following sites and locations: i. Along the way leading from the Jaffa Gate to the Zion Gate. ii. The designated access road to the Mount of Olives Cemetery. iii. Other locations and sites agreed to by the Parties. While fulfilling its mandate, as detailed above, the PU is bound to preserve, and refrain from disrupting, the daily life and historic character of the Old City. Accordingly, the PU shall be guided by a policy of restraint in all of its activities. The PU shall be based at the PU headquarters, to be established at an agreed upon location in the Old City. The PU shall also have a representative office at IVG headquarters.


The Implementation and Verification Group

5.

6.

7.

8.

9.

10.

11.

The Commander and Deputy Commander of the PU shall be appointed by and shall report to the Special Representative. The Commander and Deputy Commander of the PU shall be from different countries/nationalities. Both the Commander and Deputy Commander of the PU shall serve for a minimum term of two years. In order to ensure maximum continuity, the Special Representative shall make best efforts not to replace both the Commander and Deputy Commander during the same year. The PU shall consist of a headquarters, a Joint Situation Room, a policing unit, and supporting staff and administrative personnel as required for the performance of its responsibilities. Members of the PU policing unit shall be chosen by the Commander of the PU, from nationalities agreed to by the Parties and the Special Representative. All members of the policing unit must meet the following conditions: a. At least 10 years professional experience in police duties. b. Full fluency in English. At least 20% should be also fluent in Arabic and/or Hebrew. c. Graduation from the IVG Pre-Deployment Course, to be developed by the Special Representative. d. Graduation from the IVG Jerusalem Policing-Support Course, to be developed by the Special Representative, in cooperation with the Parties. Appointment of PU supporting and administrative employees shall be the responsibility of the Commander of the PU, with the approval of the Special Representative. The PU shall maintain and operate a Joint Situation Room (JSR) in the Old City, which shall include members of the police forces of both Parties. The JSR shall serve as a joint command center for emergency, crisis and cooperative situations and operations in the Old City. The PU shall have the right to hold for a very short period individuals suspected of having committed a violation of the relevant prevailing laws (hereinafter referred to as â&#x20AC;&#x153;Temporary Detaineesâ&#x20AC;?), in the following cases: a. In the areas, locations and sites in which the PU exercises policing duties. b. In other situations, areas, locations or sites agreed to by the Parties.

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74

12.

13.

14.

15. 16.

17.

18. 19.

I]Z<ZcZkV>c^i^Vi^kZ

The PU will maintain and operate a Temporary Holding Facility (THF) in an agreed location, for the purpose of holding Temporary Detainees. The conditions of detention in the THF and the regulations applicable thereto shall conform to high international standards of detention, and shall be agreed with the Parties. All Temporary Detainees shall be transferred to the relevant Party, in accordance with the provisions of Article 14 of the Agreement, as soon as possible and not later than 12 hours of their detention. Under no circumstances will the PU engage in any investigative or interrogative activities in relation to Temporary Detainees. In the areas, locations and sites in which the PU exercises policing duties, and in other sites and locations agreed with the Parties, the PU shall have the authority to conduct personal searches, to enter and search premises and vehicles, and to seize and temporarily hold objects, in accordance with modalities to be developed with the Parties. All object seized and held by the PU shall be transferred to the relevant Party, in accordance with the provisions of Article 14 of the Agreement, within 24 hours of their seizure. PU personnel shall wear a distinctive uniform, to be coordinated with the Parties. The PU will be entitled to maintain and operate land transportation vehicles and capabilities commensurate with the requirements of its mandate, whilst giving due regard to the special character of the Old City. The exact number and type of vehicles of the PU shall be determined by the PU Commander, with the agreement of the Parties. Throughout its operations, the PU and its personnel may use and deploy less-than-lethal weapons and capabilities. In addition, in areas, locations and sites in which it performs policing duties, the PU may provide its personnel with handguns, to be used solely for self defense purposes. Apart from the above, the PU may not deploy, use or maintain firearms. The PU shall employ modern camera and video surveillance equipment and capabilities, linked to the JSR. The areas, locations and sites of agreed PU operation and activity will be detailed in a map agreed by the Parties. The map shall be amended and updated, as required, through agreement between the IVG and the Parties.


The Implementation and Verification Group

7. The Dispute Settlement Mechanism 1. 2. 3.

4.

5.

6.

7.

The Parties shall strive to resolve all disputes relating to the interpretation or application of the Agreement through negotiations. The High Steering Committee shall serve as the highest forum for the resolution of disputes between the Parties. If a dispute is not settled promptly through negotiations, including by the High Steering Committee, either Party may submit the dispute to mediation and conciliation by sending a formal request to the Special Representative (the â&#x20AC;&#x153;IVG Dispute Resolution Requestâ&#x20AC;?). Upon receipt of the Dispute Resolution Request, the Special Representative shall immediately enter into discussions with the Parties in order to ascertain the facts of the dispute and to prepare a recommendation to the Parties concerning the mediation and conciliation mechanism appropriate for the specific dispute and on the identity of the recommended mediator/conciliator. The Parties will decide on the mechanism of mediation and conciliation to be adopted, as well as on the identity of the mediator or conciliator, whilst giving high consideration to the recommendations of the Special Representative in this regard. In the event that the Parties agree that they are unable to resolve the dispute within 14 days through the IVG mediation and conciliation mechanism adopted under this Article, either Party may refer the dispute to additional dispute resolution mechanisms, under Articles 16(4) of the Agreement. Upon the conclusion of an IVG dispute resolution process, the Special Representative shall prepare for the Parties a report, detailing the background of the dispute and the results of the IVG dispute resolution process. The Secretariat shall maintain an archive of all such dispute resolution reports.

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76

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8. Identification 1.

2.

3.

The IVG will have an emblem and a flag, as coordinated with the Parties. Specific organs and bodies of the IVG may have an additional identifying emblem and/or uniforms, if required. IVG personnel will carry an IVG identification card, in English, Arabic and Hebrew, to be issued by the IVG, in accordance with modalities to be developed by the Special Representative with the Parties. IVG vehicles will bear an IVG license plate, to be issued by the IVG, in accordance with modalities to be developed by the Special Representative with the Parties.


The Implementation and Verification Group

9. Training and Orientation 1.

The IVG shall develop detailed training and orientation courses and materials for the various elements of the IVG, including those courses detailed above, to ensure that all IVG personnel commence their activities in the region with a good understanding of the realities and sensitivities of the situation and their role and position therein.

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78

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Organization Chart Implementation and Verification Group (IVG) send delegates IL-Pal High Steering Committee

convenes

(Acc. 2.11)

consultation

parties submit disputes if not resolved by parties or High Steering Committee

Multinational Presence (MP) (Acc. 6.5)

send delegates

Trilateral Committee IVG Special Representative/ Israeli-Palestinian High Steering Committee (Acc. 3.3)

Dispute Settlement Mechanism (Acc. Art. 16)

Trilateral IVG Dispute Settlement Mechanism IVG Special Representative in discussion with Parties (Acc. 3.3)

consultation refers disputes if not resolved by IVG Settlement Mechanism

assists (secretariat, support, logistics)

IL-Pal Cooperation Committee (IPCC) (Acc. 8) Ministerial-level body

send delegates

High Level Joint Security Committee (Acc. Art.5.1.iii) Permanent Office ev. Sub Committees

send delegates


The Implementation and Verification Group

79

Joint Technical Border Commission (Acc. IVG.4.4.i)

Plenary (Ann. IVG 4.g) discusses IVG work, plan and budget

PARTIES

invite to establish Implementation and Verification Group (IVG) (Acc. 3)

IVG resolves disagreements if necessary

Trilateral Committee for Civil Avlation

recommends solution if necessary

Trilateral Committee on Limitation or Weapons of PSF

recommends agreement if necessary

Trilateral International Border Crossing Committee

may convene Contact Group

Donors Group

(Acc. 3.2.i) US, Russia, EU, UN, additional countries

(Ann. IVG 4)

Appointed by Contact Group in consultation with parties (Acc. 3.2.ii, Ann. IVG 2)

Coordination Committee

(Acc. 3.2.iii, Ann. IVG 3)

Old City Policing Unit (PU) (Acc. 6.7.ii.b, Ann.IVG 6)

Headquarters

(Acc. 5.12.ix)

(Ann. IVG 5.13)

Headquarters and Secretariat

(Ann. IVG 6.10)

(Acc. 5.3.ii)

Joint MF-Pal. Operations Center (JOC)

Special Representative

Joint Situation Room

(Acc. IVG.5.9.i.b)

Multinational Force (MF) Commander and Deputy appointed by Special Representative in consultation with parties (Acc. 3.2.v, Acc. 5.6, Ann. IVG 5)

Headquarters

(Ann. IVG 5.10) Commander MF plus representative of parties

Subcommittee for Intelligence Cooperation (SIC) (Ann. IVG 5.12)

(Ann. IVG 5.14)

Policing Unit

Temporary Holding Facility

Military Component (MC)

(Ann. IVG 6.8)

(Ann. IVG 6.12)

(Ann. IVG 5.15)

(Ann. IVG 5.23) Up to 300 civilian observers

4 Infantry Battalions

Aviation Unit

(Ann.IVG 5.16) 3 at borders to Jordan 1 at borders to Egypt

(Ann. IVG 5.20)

Observer Unit (OU)

Support Unit (SU) (Ann. IVG 5.28)

Gaza Coastal Patrol Unit (Ann. IVG 5.21)


02

West Bank-Gaza Corridor

ǩ Background and Objectives ǩ Sovereignty and Administration ǩ Governing Law and Jurisdiction ǩ Route and Physical Structure ǩ Infrastructure ǩ Security ǩ Financing


82

The Geneva Initiative

1. Background and Objectives The objective of this annex is to specify the principles and procedures for the establishment and operation of a corridor which will link the West Bank and the Gaza Strip (hereinafter: â&#x20AC;&#x153;the corridorâ&#x20AC;?), in accordance with Section 4(6) of the Geneva Accord.

2. Sovereignty and Administration 1. 2.

The corridor will be under Israeli sovereignty. The corridor will be under Palestinian administration.


West Bank-Gaza Corridor

3. Governing Law and Jurisdiction 1. 2.

Palestinian law will determine the administration and use of the corridor, and will apply to all persons, vehicles and utilities using it. Palestinian courts will have preferential jurisdiction over breaches of law taking place within the corridor.

83


84

The Geneva Initiative

4. Route and Physical Structure 1. 2.

3. 4.

5.

6.

7.

The corridor will run between the West Bank and the Gaza Strip. The exact route of the corridor will be determined by Israel in consultation with the Palestinian authorities, according to, inter alia, topographic, environmental, climatic, security and planning considerations, while trying to find the shortest route possible. The corridorâ&#x20AC;&#x2122;s roadway will be lower than ground level. In certain places the corridorâ&#x20AC;&#x2122;s roadway will be covered, or will turn into a tunnel, in order to allow passage of vehicles, persons and animals across the corridor. Alternatively, an upper bridge will be built for these purposes. Several emergency interchanges will be built along the corridorâ&#x20AC;&#x2122;s route. These interchanges will be normally closed to traffic, and will only be opened for security, safety or emergency reasons, and in coordination with both sides. The corridor will be wide enough to allow for a two-lane highway to each direction, as well as for railway and other infrastructure lines, and high enough for any vehicle to pass through in accordance with international standards. In determining the route of the corridor, its curves, inclines, etc., the infrastructure facilities planned to be built in the corridor must be taken into account.


West Bank-Gaza Corridor

5. Infrastructure 1.

2.

The Palestinian Government may establish along the corridor underground infrastructure facilities linking the West Bank and the Gaza Strip, including, inter alia: a. High voltage lines b. Fuel pipe c. Water Pipe d. Communication cables (including data communication) The Palestinian Government may construct a railway line along the corridor.

85


86

The Geneva Initiative

6. Security 1.

2.

3. 4.

5.

6. 7.

No individual will enter or exit the corridor except through the designated entry/exit points at the Gaza Strip and the West Bank; in case of emergency, exit may also be permitted through the emergency interchanges. A security system will be established along the corridor. This system will include: a. A barrier along the corridor. b. Closed-circuit television cameras and other electronic surveillance equipment. c. An Israeli security force which will be located outside the corridor and will be responsible for securing its route. d. A Palestinian security force which will be responsible for law enforcement inside the corridor. Entrances and exists into/from the corridor will be under the exclusive responsibility of the Palestinian State. Each Party will establish an operations room, which will receive data from the surveillance systems established along the corridor. The monitoring rooms of both sides will communicate with each other on a regular basis. No weapons transportation will be allowed through the corridor, unless explicitly agreed upon by both sides. Weapons approved for transportation will be transported in electronically locked containers, whose location and status (open/closed) will be monitored by the Israeli operations room. The Palestinian police forces will be allowed to carry handguns in the corridor. The corridor will be permanently open, and may be closed only when the Palestinian Government desires to and when the IVG approves its closure upon the request of Israel.


West Bank-Gaza Corridor

7. Financing 1. 2.

The international community will raise funds for the construction of the corridor. The Palestinian government will bear the costs of the maintenance and operation of the corridor.

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03

Security

ǩ Withdrawal of Israeli Military Forces and Transfer of Responsibility

ǩ International Border Crossings

ǩ Early Warning Stations

ǩ Coordination and Cooperation on Security Matters

ǩ Defense Characteristics of the Palestinian State ǩ Airspace

ǩ Border Control

ǩ Regional Security ǩ Implementation Timetable


90

The Geneva Initiative

1. Withdrawal of Israeli Military Forces and Transfer of Responsibility 1.

2.

3.

4.

5. 6.

7.

Israel shall complete withdrawal of all its military and security personnel and equipment, and all persons employed to support them, and all military installations including minefields laid by Israel, from the territory of the State of Palestine, except as otherwise specified in this annex, not later then 30 months of the entry into force of this agreement. The withdrawal will be implemented in three stages: a. The first stage will include the northern part of the West Bank as delineated by line A set on Map 1. This stage will be implemented not later then 9 months of the entry into force of this agreement. b. The second stage will include all the areas set by line B on Map 1. This stage will be implemented not later then 20 months of the entry into force of this agreement. c. The third stage will include the remaining territory of the State of Palestine and will be implemented not later then 30 months of the entry into force of this agreement. Israel will maintain for an additional 36 months a deployment of one mechanized infantry battalion in the Jordan Valley under the authority of the MF. The battalion will be stationed at a camp agreed upon by the Parties and the MF. The main elements of the battalion will consist of: a. 800 troops with their personal weapons. b. 60 armored personnel carriers. c. 6 mortars. d. 50 anti-tank missile launchers and 100 anti-tank rocket launchers. The battalion will not operate outside its camp. Movements of personnel and equipment from/to Israel and the battalion deployment camp will be coordinated with the Palestinian police through the MF command post. Any such movement will be escorted by the MF. The movement will be through route 90 only. The Israeli battalion will be subject to the MF SOFA as stipulated in the IVG Annex.


Security

8. 9.

10.

11.

The IVG shall facilitate, monitor and verify the execution of the withdrawal stages. Israel will notify the IVG and the Palestinian police at least two weeks before of its intention to withdraw from every sub-area. The IVG will convene a joint coordination meeting with the IDF and the Palestinian police, and will deploy observers to monitor Israeli withdrawal and transfer of responsibility to Palestinian security forces. In each phase of withdrawal the Palestinian security forces will prevent any attempt of armed elements operating from Palestinian territory to interfere from the areas under its responsibility with the Israeli withdrawal. The Palestinian security forces will enable the withdrawing forces to use roads in the areas that were already transferred to its responsibility in order to facilitate the Israeli withdrawal. These movements will be coordinated with the Palestinian security forces and will be monitored by IVG observers.

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92

The Geneva Initiative

2. Early Warning Stations 1.

2. 3.

4.

5.

6. 7.

8.

9.

Israel may maintain two Early Warning stations in Baal Hatsor / Jabal el-’Asur and Eval Mountain / Jabal ‘Íbal for the purpose of operating passive and active electronic and optical monitoring equipment. The land of the two EWS as delineated by existing fence will be operated by Israel and will be under the Palestinian sovereignty, as detailed in map 2. Baal Hatsor / Jabal el-’Asur site will be staffed by up to 150 operators and protected by 50 guards, including all shifts. Eval mountain / Jabal ‘Íbal site will be staffed by up to 50 operators and protected by 50 guards. The guards and the other personnel will be allowed to carry personal weapons, including all shifts. The MF will deploy to each site an infantry company that will be responsible for perimeter security of each EWS. The internal security in each site will be the responsibility of Israel. Access of personnel, supplies and equipment to each site will be guaranteed and escorted by the MF. The MF will coordinate with the two Parties a fixed day each week in which most of the movement of personnel and equipment from/to the sites will take place. Other special movements will be coordinated with the MF at least three days before their scheduled timing. The MF will notify the Palestinian Police of these movements. While moving to/from the EWS the Israeli personnel will be subject to the MF SOFA. The MF shall monitor and verify that each EWS is being used only for operating the above specified equipment. In each EWS there will be a liaison office of the MF and a Liaison office of the Palestinian Police. These offices will be manned 24 hours a day by up to 3 persons in each office. The arrangements set forth in this Article shall be subject to review in ten years, with any changes to be mutually agreed. Thereafter, there will be five-yearly reviews whereby the arrangements set forth in this Article may be extended by mutual consent. If at any point during the period specified above a regional security regime is established, then the IVG may request that the Parties review whether to continue or revise operational uses for the EWS in light of these developments. Any such change will require the mutual consent of the Parties.


Security

3. Defense Characteristics of the Palestinian State 1.

2. 3.

4. 5.

Palestine shall be a non-militarized state, with no armed forces other than a strong security force, including police forces, marine police, gendarmerie type forces, internal security organs, intelligence organizations and border security forces. The Multinational Force (MF) shall protect the territorial integrity of the State of Palestine and serve as a deterrent against external attacks. The following categories of weapons will not be allowed to be purchased, owned, used or manufactured by anyone in Palestine: a. Tanks b. Armored vehicles other than up to 400 wheeled armored vehicles that will be used by the Palestinian Security Force (PSF) and equipped only with the weapons allowed to be carried by the Palestinian security force. c. Rockets d. Guided missiles e. Anti-aircraft weapons f. Anti-ship weapons g. Artillery systems h. Mortars i. Mines j. Machine guns above 7.62 mm caliber. k. Laser weapons or other radiating weapons. l. Combat aircraft, combat helicopters and UAVs m. Armed naval vessels other then light boats (up to 25 tons) armed with light weapons up to 7.62 mm machine-guns. n. Weapons of mass destruction (WMD). Anti-armor weapons, explosives and grenades of the PSF will be kept under MFâ&#x20AC;&#x2122;s storage control and will only be used with the MFâ&#x20AC;&#x2122;s permission. Arrangements will be established by the IVG for the peaceful use of explosives in quarries. These arrangements will prevent other uses of the explosives. The implementation of these arrangements will be monitored by the IVG.

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94

6.

7.

8.

9.

10.

The Geneva Initiative

Any proposed changes to this Annex shall be considered by a Coordination Committee (CC) composed of the two Parties and the MF. If no agreement is reached in the CC, the IVG may make its own recommendations. No individuals or organizations in Palestine other than the PSF, the organs of the IVG, including the MF and the EWS, may purchase, possess, carry or use weapons except as provided by Palestinian law. The MF shall monitor and verify compliance with this article. The MF will keep a registry of all weapons imported to Palestine or manufactured in Palestine. The PSF will notify the MF about any purchase, manufacture or import of weapons in Palestine. The MF will perform scheduled and challenge inspections in Palestinian security installations to verify that the limitations on weaponry are maintained. No armed militias will be allowed in Palestine. Political movements and organizations will not be allowed to purchase, posses, carry or use weapons. The PSF mission includes preventing destabilization and upholding the integrity of and respect for the State of Palestine and shall: a. Maintain border control; b. Maintain law-and-order and perform police functions; c. Perform information gathering and security functions; d. Prevent any act of violence; e. Conduct rescue and emergency missions; and f. Supplement essential community services when necessary.


Security

4. Airspace 1.

2.

3.

4.

Civil Aviation a. The Parties recognize as applicable to each other the rights, privileges and obligations provided for by the multilateral aviation agreements to which they are both party, particularly by the 1944 Convention on International Civil Aviation (The Chicago Convention) and the 1944 International Air Services Transit Agreement. b. In addition, the Parties shall, upon entry into force of this Agreement, establish a trilateral committee composed of the two Parties and the IVG to design the most efficient management system for civil aviation, including those relevant aspects of the air traffic control system and air corridors used by civil aviation. In the absence of consensus the IVG may make its own recommendations. Training a. The Israeli Air Force shall be entitled to use the Palestinian sovereign airspace for training purposes according to the following rules: i. There will be no training flights on Moslem and Christian holidays and on Fridays. ii. Training flights will be carried out at an altitude higher then 8,000 feet above ground. iii. Training flights will not cross air corridors used by civil aviation. b. The IVG shall monitor and verify compliance with this clause. Either Party may submit a complaint to the IVG whose decision shall be conclusive. Palestine will get for its airline the same rights of flight in corridors over Israel that the Jordanian airlines gets. And the Israeli airlines will get reciprocal rights of flight in corridors over Palestine. The arrangements set forth in this clause shall be subject to review every ten years, and may be altered or terminated by the agreement of both Parties.

95


96

The Geneva Initiative

5. International Border Crossings 1.

2.

3.

4.

5.

The following arrangements shall apply to border crossings between the state of Palestine and Jordan, the state of Palestine and Egypt, as well as airport and seaport entry points to the State of Palestine. All border crossings shall be monitored by joint teams composed of members of the PSF and the MF equipped with modern imagery and detection equipment. These teams shall prevent the entry into Palestine of any weapons, materials or equipment that is in contravention of the provisions of this Agreement. The MF representatives and the PSF will have, jointly and separately, the authority to block the entry into Palestine of any such items. If at any time a disagreement regarding the entrance of goods or materials arises between the PSF and the MF representatives, the PSF may bring the matter to the IVG, whose binding conclusions shall be rendered within 24 hours. This arrangement shall be reviewed by the IVG after 5 years to determine its continuation, modification or termination. Thereafter, the Palestinian party may request such a review on an annual basis. In all passenger terminals, for thirty months starting at the date of transfer of the crossing to Palestinian control, Israel may maintain an unseen presence in a designated on-site facility, to be staffed by members of the MF and up to 12 Israelis in each terminal, utilizing remote control TV cameras that will cover the area of the security and customs inspections and the border control area. The Israeli-MF group will have a direct communication link to the PSF and MF joint teams to be used to request that the MF-PSF conduct further inspections and take appropriate action when the Israeli team suspects that there may be a breach in the inspections and/or entrance of goods or materials in contravention of the provisions of this agreement is allowed. These goods or materials will not be allowed to pass until these further inspections and appropriate actions take place. The MF will be responsible for assuring and securing access of the Israeli teams through the Palestinian territory to the designated on-site facility.


Security

6.

7.

8.

9.

For the following two years, these arrangements will continue in a specially designated facility located in the offices of the Israeli Airports Authority in Ben Gurion Airport, utilizing remote control video cameras and an appropriate direct communication link. This shall not cause delays beyond the procedures outlined in this clause. In cargo terminals, for thirty months, Israel may maintain an unseen presence in a designated on-site facility, to be staffed by members of the MF and Israelis, utilizing remote control video cameras that will cover the area of inspection of the goods and a direct communication link to the MF-PSF team. The Israeli side may request that the MF-PSF conduct further inspections and take appropriate action. If the Israeli side is not satisfied by the MF-PSF action, it may demand that the cargo be detained pending a decision by an MF inspector. The MF inspectorâ&#x20AC;&#x2122;s decision shall be binding and final, and shall be rendered within 12 hours of the Israeli complaint. For the following three years, these arrangements will continue from a specially designated facility in Ashdod port, utilizing remote control video cameras and a direct communication link. This shall not cause delays beyond the timelines outlined in this clause. A high level trilateral committee composed of representatives of Palestine, Israel, and the IVG shall meet regularly to monitor the application of these procedures and correct any irregularities, and may be convened on request.

97


98

The Geneva Initiative

6. Border Control 1.

2.

3.

4.

5.

6.

No persons or goods will be allowed to cross the borders of Palestine other then through regulated border crossings that are inspected by the joint PSF-MF teams unless specified otherwise in the agreement and its annexes. The PSF will deploy appropriate forces to maintain control of the border between Palestine and Jordan and the border between Palestine and Egypt, and it will act against any attempt to smuggle persons and goods, whether through the international border crossings or through the border by use of tunnels or other means. The existing security fence in the Jordan Valley will be maintained for this purpose for at least 5 years from the end of the withdrawal of Israeli forces from the territory of the State of Palestine. A similar fence will be built on the border between Palestine and Egypt and maintained for the same period. Israel will deliver to the Palestinian side all the information needed for the operation of the existing security fence. The Quartet members will be called upon to supply the PSF with modern equipment for detection of infiltration including equipment for detection of tunnels. The MF shall monitor and verify the maintenance of border control by the PSF. It will deploy observation posts and perform patrols along the borders for these purposes. The observation posts will use modern detection means that will enable them prompt detection of infiltrations by day and night. When an infiltration will be detected by the MF it will be notified immediately to the PSF. The PSF will send an appropriate force to intercept the infiltrators and prevent the smuggling.


Security

7. Coordination and Cooperation on Security Matters 1.

2.

3.

4.

The Parties acknowledge that mutual understanding and co-operation in security-related matters will form a significant part of their bilateral relations and will further enhance regional security. Palestine and Israel shall base their security relations on cooperation, mutual trust, good neighborly relations, and the protection of their joint interests. Palestine and Israel each shall: a. Recognize and respect the otherâ&#x20AC;&#x2122;s right to live in peace within secure and recognized boundaries free from the threat or acts of war, terrorism and violence; b. Refrain from the threat or use of force against the territorial integrity or political independence of the other and shall settle all disputes between them by peaceful means; c. Refrain from joining, assisting, promoting or co-operating with any coalition, organization or alliance of a military or security character, the objectives or activities of which include launching aggression or other acts of hostility against the other; d. Refrain from organizing, encouraging, or allowing the formation of irregular forces or armed bands, including mercenaries and militias within their respective territory and prevent their establishment. In this respect, any existing irregular forces or armed bands shall be disbanded and prevented from reforming at any future date; e. Refrain from organizing, assisting, allowing, or participating in acts of violence in or against the other or acquiescing in activities directed toward the commission of such acts. The two Parties shall establish a high level Joint Security Committee (JSC) that shall meet on at least a monthly basis. The JSC shall have a permanent joint office, and may establish such sub-committees as it deems necessary, including sub-committees to immediately resolve localized tensions. The JSC shall establish two Joint District Security Committees (JDSC). One for the West Bank and one for the Gaza strip. Each committee will deal with the daily coordination on security matters in the respective district.

99


100

5.

6. 7.

8. 9.

10.

The Geneva Initiative

A Trilateral Security Committee (TSC) composed of the commander of the MF and senior representatives of the PSF and the IDF will serve as the most senior forum for coordination between the Parties and the MF in relation to the implementation of the security aspects of the agreement. The committee will meet at least twice a year. When one of the Parties calls for a special meeting of the committee, it will be convened within 48 hours. The MF commander will be the chairman of this committee. Direct communication links will be established between the operations centers of the three Parties to deal with emergency situations. The Parties shall take joint and, in their respective territories, unilateral comprehensive and continuous efforts against all aspects of violence and terrorism. These efforts shall include the prevention and preemption of such acts, and the prosecution of their perpetrators. To that end, the Parties shall maintain ongoing consultation, cooperation, and exchange of information between their respective security forces. A Trilateral Security Committee composed of the two Parties and the United States shall be formed to ensure the implementation of the commitments to take continuous and comprehensive efforts against violence and terrorism. The Trilateral Security Committee shall develop comprehensive policies and guidelines to fight terrorism and violence. The Israeli and Palestinian law enforcement agencies shall cooperate in combating illicit drug trafficking, illegal trafficking in archaeological artifacts and objects of arts, cross-border crime, including theft and fraud, organized crime, trafficking in women and minors, counterfeiting, pirate TV and radio stations, and other illegal activity.


Security

8. Regional Security 1.

2.

Israel and Palestine shall work together with their neighbors and the international community to build a secure and stable Middle East, free from weapons of mass destruction, both conventional and non-conventional, in the context of a comprehensive, lasting, and stable peace, characterized by reconciliation, goodwill, and the renunciation of the use of force. To this end, the Parties shall work together to establish a regional security regime.

101


102

The Geneva Initiative

Appendix 1. Implementation Timetable 1.

2. 3.

4.

5.

Up to 3 months from the coming into force of this agreement: a. Establishment of a Joint Security Committee and its permanent joint office. b. Establishment of a Trilateral Security Committee. c. Establishment of a committee to design management system for civil aviation. d. Establishment of a Trilateral Committee with the US on the fight against terrorism and violence. e. Establishment of the Joint Technical Border Commission. Up to 6 months: a. Deployment of the MF HQ. Up to 9 months: a. Demarcation of the border between Israel and Palestine. b. Deployment of first elements of the MF including the OU. c. Completion of the arrangements in the EWSs. d. Israeli stage 1 withdrawal. e. Establishment and deployment of the PU and the joint Situation Room in the Old City. f. Establishment of controlled entry and exit points in the Old City. g. Establishment of Designated Road use arrangements. h. Establishment of access arrangements at the agreed sites of Religious Significance. Up to 20 months: a. Israeli stage 2 withdrawal. b. Full deployment of the MF, including the Small Israeli Military Presence in the Jordan valley. Up to 30 months: a. Establishment of the Gaza-West Bank corridor. b. Full Israeli withdrawal. c. Establishment of border crossings on the Israel-Palestine border.


Security

103

Jenin

Map 1. Israeli Withdrawal Stages and the Permanent Borders

Tul Karem

Tubas

Qalqilia

Tel Aviv

Israel

Palestine Ramallah Jericho

Jerusalem Bethlehem

Halhul Hebron Gaza

Dead Sea

Palestine

Rafah

1967 Lines (Green Line)

Withdrawal Phase A (Northern WB)

Withdrawal Phase B

Israeli Annexation polygon

Withdrawal Phase C (Geneva Borders)

Palestinian Annexation polygon


104

The Geneva Initiative

Jenin

Map 2. Early Warning Stations

Tul Karem

Tubas

Qalqilia

Tel Aviv

Israel

Palestine Ramallah Jericho

Jerusalem Bethlehem

Eval mountain /Jabal ‘Íbal

Baal Hatsor /Jabal el-’Asur

Border

Israel

Withdrawal Phase B

Palestine

Early Warning Station


04

The Inter-Religious Council for Jerusalem


106

1. 2.

3.

4.

5. 6.

7.

I]Z<ZcZkV>c^i^Vi^kZ

The Inter-Religious Council for Jerusalem [hereafter the IRCJ] shall operate within the framework and the spirit of the Geneva Accord. The IRCJ shall advise in issues relating to the protection, preservation and maintenance of the Holy Sites, including heritage preservations, archeological activity, free access for worshipers, and security for visitors. This includes ensuring that any excavation, maintenance, conservation or repairs undertaken in or adjacent to Holy Sites is carried out after consultation with the IRCJ. The IRCJ shall advise the relevant side/s in cases where any form of worship by one community may be perceived by another community as impinging on the sanctity of the site or the rights of other worshippers. In addition, the IRCJ shall take part in finding mechanisms for accommodating rituals and pilgrimages and processions to and from the sites on particular holidays. The IRCJ shall inform the Parties on religious activities, holidays and festivals in the Old City that may affect the adjacent area and what acts need to be undertaken in order to ensure the protection of all religious rights and the preservation of the public order. The IRCJ shall provide advice on training the police and security forces operating in the Old City in general and in the Holy Sites in particular. The IRCJ shall work to build tolerance and trust between religious believers, to pre-empt radicalization, and to respect the three monotheistic faiths in order to develop the Old City as inspirational symbol of faith, spiritual center and religious coexistence. To achieve these goals the IRCJ shall manage close relationships and dialogues with the relevant religious communities and seek to resolve disputes of religious nature. The IRCJ shall give special attention to building peaceful religious coexistence and to resolving religious disputes between residences of the Old City belonging to different denominations. The head of State of each Party shall nominate 10 IRCJ members. An additional member (21st) shall be appointed by UNESCO. IRCJ Membership shall be for a period of five years. Every two and a half years the sides shall rotate in chairing the IRCJ and in the position of its general director.


The Inter-Religious Council for Jerusalem

8.

9.

10.

IRCJ recommendations must be approved by a majority of at least 80 percent of its members and with the consent of UNESCO representative in the IRCJ. The Parties shall begin forming the IRCJ upon signing the agreement. The preparatory stage shall not last more then 12 months of the approval of the agreement by each Partyâ&#x20AC;&#x2122;s relevant institutions. Each side shall cover 25% of the IRCJ annual budget. Upon signing the agreement, both Parties shall approach UNESCO to assist them by covering 50% of the remaining IRCJ budget.

107


108


05

Jerusalem Urban Challenges and Planning Proposals

ǩ French Hill ǩ Road 60 ǩ Old City ǩ Ben Hinom Valley ǩ Abu Tor


Jerusalem

Introduction

Introduction

From "Jerusalem" to "Yerushalayim" and "Al-Quds" This annex addresses the planning and design challenges that will arise from the delineation of a border through Jerusalem. It proposes planning, design, and urban strategy measures to ensure the political resolutions are implemented for the benefit of both sides of the city.

Conflict Resolution, Planning and Architecture Conflict resolution is often dealt with on a macro level, using aerial views and maps whilst the attention to smaller details is postponed until after negotiation. Nevertheless, any border line agreed upon will need to be implemented in a living city. Its success therefore depends on the way the border will meet Jerusalem as the urban fabric is divided, and on whether this division is planned in tune with the city, rather than against it. This annex forms a foundation for approaching the division of Jerusalem from the urban and architectural point of view. The chapters focus on selected urban sites where core challenges would arise following the delineation of the border. Each site is a case study for a specific theme which bears relevance to other parts of the city as well. As a whole, the annex therefore provides a planning guide as well as a solutionbank for the cityâ&#x20AC;&#x2122;s division. Using it as such will increase the chances of successfully implementing any final status agreement for the benefit of all stakeholders.

111


112

The Geneva Initiative

Planning Challenges in Jerusalem Delineating the two halves of Jerusalem according to the current Israeli and Palestinian demographic spread will form two large metropolitan areas: "Yerushalayim" (West) and "Al-Quds" (East).

Yerushalayim

Giv'at Ze'ev Pisgat Ze'ev Ramot French Hill

1 to Tel-Aviv

Old City

4

Ma'ale Adummim

Giv'at Hananya (Abu Tor)

60

The Israeli metropolitan area will stretch

country by Road 1, connecting "Yerushalayim"

from the Old City towards the West, with a

to the Tel Aviv metropolitan area. The main

few "satellite" neighborhoods (Giv'at Ze'ev,

challenge upon delineation of "Yerushalayim"

Pisgat Ze'ev and Ma'ale Adummim) spreading

is to maintain connection with the satellite

to the East, North and South. As the capital

neighborhoods as well as to maintain a well

of the Israeli state, this metropolitan area is

developed infrastructure whilst enabling future

quite efficiently connected to the rest of the

development.

2003 Geneva Accord Line

Israeli road

Israeli Demographic Spread

Underpass

Palestinian road

Palestinian Demographic Spread


Jerusalem

113

Introduction

Al-Quds 60 (old) to Ramallah

443 437

Shu’afat

to Jericho Shu’afat - refugee camp

Old City

Sheih Jarrah Abu Tur

417

389 to Bethlehem

On the Eastern side of the border, the Palestinian

a direct route into the Old City; and an enhanced

metropolitan "Al-Quds" has developed as an

inter-city road system improving connectivity

assortment of villages and neighborhoods

between different parts of Al-Quds. The ring

spreading from North to South along the border,

road will also function as part of the statewide

and to the East. The different fragments have

connection (Nablus – Ramallah - Bethlehem -

the potential to morph into a single contiguous

Hebron), whilst R.60 will be an important trans-

whole, and to act as a lively metropolitan area.

port link to the heart of Al-Quds.

This evolution would depend on three main connectors: The Eastern ring-road as a main artery from North to South; the old Road 60 as


The Geneva Initiative

114

60 (old) to Ramallah

Giv'at Ze'ev

443

Bet Hanina Pisgat Ze'ev

Ramot

437 to Jericho

Shuâ&#x20AC;&#x2122;afat Shuâ&#x20AC;&#x2122;afat - refugee camp French Hill

1

1

to Tel-Aviv

60 Sheih

Isawiyya

Jarrah Ma'ale Adummim

Old City

4

Abu Tur

Abu Tor

417

60 East Talpiyyot Bet Zafafa Gilo

389

to Bethlehem

2003 Geneva Accord Line

Israeli road

Israeli Demographic Spread

Underpass

Palestinian road

Palestinian Demographic Spread


Jerusalem

115

Introduction

Separation and Connectivity Delineation of the Geneva Accord border in Jerusalem will not only create two independently functioning and sustainable capitals, but will also allow for dynamic connection between them.

The implementation of the Geneva Accord

To this end, a larger study of the border

border (or any other permanent status border)

in Jerusalem was held: the border has

in Jerusalem has to uphold two parallel aims:

been conceived as a seam line along which

Jerusalemâ&#x20AC;&#x2122;s evolution into two cities and their

infrastructure and facilities can be planned

connection to each other. The first aim is to

and developed for mutual use. Each chapter

ensure that the separation of the city forms

of the annex depicts solutions for areas along

two functioning urban units, underscoring and

the border, dealing with different elements of

proposing solutions to the crucial planning

the urban fabric (infrastructure, open spaces,

challenges raised by the Geneva Accord border.

border facilities, etc.).

The second aim is to ensure viable connectivity between the two future cities.


116

The Geneva Initiative

Border Crossing Facilities in Jerusalem

Northern Border Crossing Pedestrians and vehicles

Central Border Crossing Pedestrians

Southern Border Crossing Pedestrians and vehicles

A city that has functioned as one entity for

cooperation and normality along the border.

so many years could suffer greatly if divided

At least three border crossing facilities are

harshly without preserving the link between

proposed along the border in Jerusalem:

the two sides. The unique urban character

Northern Jerusalem

of Jerusalem depends largely on the ability

A large facility to serve mainly pedestrians

to travel from one side of the city to the other.

and authorized vehicles (see also French Hill

Daily workers (mostly Palestinians who work

chapter).

in "Yerushalayim"), tourists, traders, business

Central Jerusalem

people, government officials and diplomats â&#x20AC;&#x201C;

A facility for pedestrian use only (see also Road

will all become totally reliant upon the crossing

60 chapter).

facilities linking East and West. Therefore, a

Southern Jerusalem

number of crossing facilities must be carefully

A large facility serving pedestrians, vehicles

planned along the seam line which will serve the

and perhaps merchandise trucks; possibly in the

different populations efficiently and encourage

location of â&#x20AC;&#x153;Rachel crossingâ&#x20AC;? (Bethlehem area).

2003 Geneva Accord Line

Road

Pedestrians

Vehicles

Demographic Spread


Jerusalem

Introduction

Planning Assumptions and Principles

The annex was based on a few methodological principals: ÇŠ

Preliminary study: Any issue pertaining to a future border in an urban context is linked to the multi-layered reality of the city. Whilst conflict resolution tends to focus on the scale of large aerial views, each solution presented here begins with a thorough examination of the area at hand at its ground level. The examination includes the demographic spread, physical attributes (such as topography), existing and planned infrastructures, land use and land availability for future development, etc.

ÇŠ

Comparative alternatives analysis: For each proposal presented, several alternatives are surveyed and compared using a criteria method developed uniquely for each case. Following the analysis, a recommended solution is chosen and then further detailed. Laying out alternative strategies and solutions provides policy makers as well as the general public a multitude of options together with their relative advantages and drawbacks.

ÇŠ

Flexible proposals: The proposals are planned to provide an in-built flexibility of the border and its facilities, taking into account long and short term adjustments that a final status agreement may require along time.

In addition, there exists a great fluctuation of movement across the border in the dynamic local political climate. Due to lack in statistics and accurate forecasts of volume of traffic across the border (local, commercial, government and tourist traffic crossing according to varying levels of trust) several assumptions were made: a.

The volume of traffic in the border crossing facilities will vary not only in number

b.

In a scenario of minimal trust and cooperation, there will be little traffic across

but also in nature, and will depend on the political climate at the time. the border, and with the increase in trust and cooperation, the traffic across the border will increase substantially. c.

The majority of tourists will arrive and cross on buses. Daily workers would probably arrive by various means (private cars, public transport or by foot), but would likely cross on foot with special crossing permits. Locals wanting to visit the other side for business or leisure would probably cross in private vehicles. Diplomats would also most likely cross in official vehicles with a special crossing permits.

117


118

The Geneva Initiative

60 (old) to Ramallah

Giv'at Ze'ev

443 Bet Hanina Pisgat Ze'ev

447 to Jericho

Ramot

Shuâ&#x20AC;&#x2122;afat Shuâ&#x20AC;&#x2122;afat - refugee camp French Hill

1 to Tel-Aviv Road 60

Sheih Jarrah

Isawiyya

1

Old City

4

Ben Hinom Vally/ Wadi Rababa Abu Tor

Ma'ale Adummim

417

Abu Tur

East Talpiyyot Bet Zafafa Gilo

Peace Forest

389

Rachel Passage to Bethlehem

2003 Geneva Accord Line

Border Crossing

Underpass

Demographic Spread

* Gray icons indicate additional segments for future study

Binational Road

Green Space

Neighborhood


Jerusalem

Introduction

Chapters Each chapter of this annex highlights a different challenge that must be met upon implementation of the border in Jerusalem. Each solution proposed, however, offers a concept that is applicable not only to the specific area in the chapter of study, but also to other areas along the border with similar characteristics.

French Hill A major junction between the two cities Explores a future transportation scheme for the two sides and proposes the location and outline for a large crossing facility in the area. Focuses on critical Israeli and Palestinian mobility and continuity issues in Northern Jerusalem.

Road 60 A binational road and backbone for infrastructure Deals with the transformation of a central urban route into a binational road as a border is placed at its center. The chapter offers strategies for integrating security and urban transportation infrastructures to accommodate this shift, and also demonstrates a pedestrian border crossing facility linking the two urban environments.

Old City Special arrangements for entering the Old City Deals with the Old City as an area with special arrangements within the context of a final status agreement. The chapter focuses on a pedestrian and vehicle crossings via the gates, accommodating security apparatuses in this sensitive area and balancing the required adaptation with the architectural preservation of the Historic Basin.

Ben Hinom Valley A green space and historical landscape Addresses division in an open urban space, and proposes a path for barrier in such areas based on the local topography and existing elements on site.

Abu Tor A mixed, densely built neighborhood Addresses the challenge of separation within a populated mixed neighborhood. It proposes for a path and a form for a border within the open and built parts of the neighborhood in light of the current local demographic spread, and suggests strategies for implementing separation and connection on the local built typology.

119


Bet Hanina

Ramallah

Pisgat Ze’ev

60

60 (old)

Shu’afat

Tel-Aviv

Shu’afat - refugee camp

1

1

Giv'at Ha-Mivtar

French Hill

60

Eastern ring road

Lafatwa

Isawiyya

417 Old City

Legend:

2003 Geneva Accord Line

Sheih Jarrah

1967 line

Ma’ale Adummim


Jerusalem

French Hill

French Hill A Major Junction Between the Two Cities

This chapter touches upon key issues in a future Israeli-Palestinian border regime as it focuses on preserving continuity and solving movement challenges which would arise from the delineation of a border in the northern part of Jerusalem. The chapter explores a major vehicle and pedestrian border crossing facility in the French Hill junction area. This facility is viewed and planned as an urban joint connecting the two cities, and especially the two city centers. It also aims to ensure that adequate movement and transportation routes are provided in post-agreement reality, as these are crucial for attaining a viable future coexistence. Additionally, it proposes locations for major entrance and exit points to and from Yerushalayim and Al-Quds, ensuring Israeli as well as Palestinian territorial continuity despite the urban division. In order to set the foundation for approaching this issue, a methodology for comparatively evaluating alternative locations for border crossing facilities is developed and demonstrated in this chapter.

121


122

I]Z<ZcZkV>c^i^Vi^kZ

Urban Analysis Due to intertwined demographic spread in the area, the post agreement reality according to the proposed Geneva Accord line will pose great urban and infrastructural challenges. This section proposes strategies for mediating these challenges in line with the different needs of the two sides.

From West Jerusalem to Yerushalayim:

From East Jerusalem to Al-Quds:

French Hill and Giv'at Ha-Mivtar are two neighborhoods on the Northern outskirts of West Jerusalem. Beyond them and to the North are the enclaves of Pisgat Ze’ev and Ne’ve Ya'aqov. As part of the Geneva Accord, it was agreed that a main road (based on the existing one – new R.60), will maintain the connection between the enclaves and the core of West Jerusalem.

Sheih Jarrah is the urban center of what is now East Jerusalem, and upon a final status agreement will become the central business district (C.B.D) of Al-Quds. Just North of Sheih Jarrah and the busy Eshkol Junction, there is a small residential neighborhood (known to the Palestinians as Harat al-Lafatwa/ Lafatwa), separated from Sheih Jarrah by the Israeli road to Ma’ale Adummim. Bet Hanina and Shu'afat, further to the North-West, and Shu'afat Refugee Camp and Isawiyya to the North-East, are all densely populated neighborhoods, disconnected from their C.B.D by French Hill and Giv'at Ha-Mivtar, and from each other by the Israeli Road 60 connecting to Pisgat Ze’ev to Neve Ya'aqov.

Ne've Ya'aqov Pisgat Ze’ev

Bet Hanina

60 (old) Shu'afat

1

Shu'afat Refugee Camp

Giv'at Ha-Mivtar Ramat Eshkol

60

French Hill

1 Lafatwa

60

2003 Geneva Accord Line

Sheih Jarrah

Israeli road

>hgVZa^9Zbd\gVe]^XHegZVY

Palestinian road

EVaZhi^c^Vc9Zbd\gVe]^XHegZVY


Jerusalem

French Hill

Key Planning Challenges The planning challenges in this area stem from the need to preserve the daily urban routine of the city's residents upon the delineation of the border. These challenges should be examined through both perspectives – the Israeli and the Palestinian:

Israeli ǩ

ǩ

Maintaining a secure and dependable passage between West Jerusalem and Pisgat Ze’ev (the Geneva Accord allows a corridor based on the existing highway, taking into consideration the need to expand the road once it becomes the only route to Pisgat Ze’ev). Maintaining a secure and dependable passage between West Jerusalem and Ma’ale Adummim. Upon a permanent status agreement, the Eshkol Junction will become the only access to the highway to Ma’ale Adummim. This junction also needs to serve the Palestinian need for connection between the neighborhood of Sheih Jarrah and the small neighborhood Lafatwa located north of it.

Palestinian ǩ ǩ

ǩ

ǩ

Connecting Shu’afat neighborhood and the Shu’afat refugee camp (currently separated by the Israeli road to Pisgat Ze’ev) to the Palestinian territories. Connecting Road 1 (the road leading to the Eastern Ring Road highway) to the inner road 60 which leads to Shu’afat and Bet Hanina in the north and the Old City in the south. Securing a connection and a dependable Palestinian passage from the area of Shu’afat to the Palestinian urban center in Sheih Jarrah and the Old City area. The Geneva Accord recognizes the need for a secure path between the disconnected neighborhoods – yet its form remains a great challenge. Maintaining the connection and access between the neighborhood of Sheih Jarrah and Lafatwa neighbourhood located north to the Eshkol junction.

123


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Layers of Study The proposals and solutions were based on an extensive analysis of the urban environment. The layers of analysis included:

Topography

Demographic Spread

The illustration depicts the topographical structure of the area in question. As shown, most of the residential areas are situated in the higher areas. This has a significant pertinence to urban and transport system planning (in terms of the latter, this particular topographical feature might lend itself to certain solutions, such as traffic tunnels).

The illustration depicts the complex demographic spread in the area as the two populations here are intertwined and interfere with each other’s territorial continuity. A border line based on the demographic spread here would not allow a “clean cut” North-South division.

Bet Hanina

Pisgat Ze’ev

Shu'afat

Giv'at Ha-Mivtar

Shu'afat Refugee Camp

Shu'afat

French Hill

Ramat Eshkol

Shu'afat Refugee Camp

French Hill Ramat Eshkol

Sheih Jarrah

Sheih Jarrah

2003 Geneva Accord Line

Israeli

Topography (High > Low)

Palestinian


Jerusalem

French Hill

125

Land Use

Land Availability

The illustration shows the urban fabric along the future borderline, and the main transport routes. North of Eshkol Junction, the area becomes increasingly residential and is surrounded by large areas yet to be built upon. In Shu'afat, the inner city road ("Old Road 60") acts as the main commercial street.

The illustration shows the possibilities for future expansion of the urban fabric on both sides of the border.

60 (old)

60 (old) Shu'afat

Shu'afat Refugee Camp

1

Shu'afat

1 French Hill Ramat Eshkol

1

French Hill Ramat Eshkol

Sheih Jarrah

Sheih Jarrah

60

60

Shu'afat Refugee Camp

60

Road

Public/Commercial

Israeli future expansion

Bridge

Diplomatic/Governmental

Palestinian future expansion

1


126

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Continuity, Transportation And Movement This part highlights the challenges arising from splitting the transport infrastructure as part of a permanent status agreement, and suggests adjustments for creating viable mobility solutions for both sides in the French Hill area

Road Infrastructure and the Border

Bet Hanina Pisgat Zeâ&#x20AC;&#x2122;ev

60 (old)

60 Shu'afat

Shu'afat (Refugee Camp)

1 To Tel Aviv

French Hill

Giv'at Ha-Mivtar

Lafatwa

Ramot Eshkol 60

Sheih Jarrah

Implementing a border in an urban and densely developed area will disrupt the territorial continuity as well as the transport infrastructure. This part outlines the main discontinuities in the French Hill area. It proposes strategies to overcome them and highlights the necessary adjustments they require for enhancing a sense of continuity, mobility and safety on both sides of the border. 2003 Geneva Accord Line

1

To the eastern ring road

Upon a permanent status agreement these recommendations will require detailed planning by professional traffic engineers and infrastructure experts. Note: The issue of the light rail is discussed in specifically in pages 122-123, and was extracted from the rest of the maps.

Demographic spread


Jerusalem

French Hill

127

Proposed Modifications to Road Infrastructure Segment A: North of the French Hill Junction

Bet Hanina Pisgat Zeâ&#x20AC;&#x2122;ev

60 (old)

60 Shu'afat

Shu'afat (Refugee Camp) Segment B: The French Hill Junction

1 To Tel Aviv

To the eastern ring road

Giv'at Ha-Mivtar

1

French Hill

Segment C: Eshkol Junction

Ramot Eshkol 60

Sheih 60 Jarrah

The French Hill area is a complex and intertwined net of roads and highways serving both east and west Jerusalemites. Re-planning it upon the delineation of a permanent status border will be a challenging task. In order to simplify the issue, each of the following pages focuses on a different segment of the area. In each section, the key planning challenges are highlighted and solutions for the traffic infrastructures Road

Bridge

Tunnel

are offered. Finally, the combined solution is portrayed and the Light rail infrastructure is examined it its context. It should be noted, that all of the solutions presented here are the outcome of a thorough examination of several alternatives considered for each segment. The chosen solutions are the ones which ensure optimal continuity and mobility on both sides. Israeli

Palestinian


128

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Segment A: North of the French Hill Junction Planning challenges:

Recommended Solution:

Bet Hanina

Pisgat Ze’ev

Bet Hanina

Shu'afat

Shu'afat 60

60

1

1

French Hill ǩ

ǩ

Pisgat Ze’ev

French Hill

Maintaining Israeli continuity between Pisgat Ze'ev and West Jerusalem via Road 60 (the Geneva Accord allows a corridor based on the existing high-way, taking into consideration the need to expand the road once it becomes the only route to Pisgat Ze’ev). Maintaining Palestinian continuity between the Palestinian Road 1 to the East and Bet Hanina to the North-West (the Israeli Road 60 to Pisgat Ze’ev disrupts Palestinian territorial continuity).

2003 Geneva Accord Line

Israeli

Palestinian

A Palestinian road based on the existing Eastern road, then, passing under the existing Israeli bridge (new R.60) in a tunnel and then climbing as a bridge adjacent to the West of the Israeli road. This solution holds a few advantages: First, it creates two separate and independent traffic systems on both sides of the border in correlation with the Geneva Accord border route. In addition, redirecting the majority of the Palestinian traffic to the north (currently passing through Shu'afat Main Street via old R.60), will reduce the congestion in the lively commercial street. Nevertheless, this solution will require major changes in the existing road infrastructure, especially on the Palestinian side, where parts of the road will need to be tunneled. This would entail both high costs and a longer implementation time.


Jerusalem

French Hill

129

Segment B: The French Hill Junction Planning challenges:

Recommended Solution:

Shu'afat

Shu'afat

1

60 (old)

1

60 (old) To R.443

60

ÇŠ

ÇŠ

ÇŠ

60

French Hill

Currently this complex junction serves the needs of all the surrounding neighborhoods. Once a border is implemented, the junction will serve the Israeli side only, while the Palestinian side will require an alternative route. It is proposed to re-connect Road 1 heading to the Eastern ring road with the Palestinian Road 60 heading North to Bet Hanina and South towards Sheih Jarrah and the Old city. Linking the Palestinian Road 60 (South to the French Hill Junction) to Shu'afat, without overloading traffic on the neighborhood. This segment of the traffic system can also be used for linking the Palestinian Road 1 and Road 60 to Road 443 to the North-West. This road becomes Palestinian upon separation, and connecting it to the main Palestinian Roads 1 and 60 and the Eastern ring road, would improve the connectivity and traffic flow on the Palestinian side.

Road

Bridge

Tunnel

French Hill

The Geneva Accord has recognized the need for a secure path linking the disconnected neighborhoods of Shu'afat and Sheih Jarrah. To this end, it is proposed to create a Palestinian tunnel road under the route of the Israeli Road 60 South of the junction. The proposed Palestinian tunnel (under R.60) will have two exit points at its northern end: one to the Palestinian Road 1 (heading to the East), and the other in the empty space on the North-East corner of the junction (heading North-East), enabling a future connection to road 443 (as suggested above). This solution (combined with the solution for segment A) will redirect the majority of the Palestinian traffic to the north (currently passing through Shu'afat Main Street via old R.60) and reduce the congestion in the lively commercial street. Also, the future connection to road 443 will enhance the Palestinian continuity and mobility in the area. Despite these advantages, it should be noted that the Palestinian traffic in the junction will become completely tunneled and will require careful planning, especially the security and safety issues. This solution would also entail both high cost and a longer implementation time.


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Segment C: Eshkol Junction Planning challenges:

Recommended Solution:

Ramot Eshkol

Ramot Eshkol Lafatwa

60

Lafatwa

Sheih Jarrah

60

60

60 417 To Ma'ale Adummim

417 To Ma'ale Adummim

Upon a permanent status agreement, the Eshkol Junction will become the only Israeli access to the highway to Maâ&#x20AC;&#x2122;ale Adummim. This junction will also have to serve the Palestinian need for a local connection between Sheih Jarrah and Lafatwa neighborhood north of the junction, as well as the Palestinian Road 60 connection to Shu'afat (suggested tunnel â&#x20AC;&#x201C; segment B).

2003 Geneva Accord Line

Sheih Jarrah

Israeli

Palestinian

The Proposed Palestinian tunnel road under the Israeli Road 60 (see segment B), will start at its south end at Shieh Jarrah south of the Ramot Eshkol Junction. The junction itself will serve Israeli traffic only. In order to link Lafatwa with Shieh Jarrah a bridge will be erected for local use by the neighborhood's residents. This solution secures a safe and efficient Israeli access to Ma'ale Adummim. As it will serve Israeli traffic, the only route to Ma'ale Adummim will remain as a clear artery leading to the enclave. Despite this advantage, the Palestinian tunnel is quite a long one, and will require careful planning in order to suit the Palestinian traffic system.


Jerusalem

French Hill

131

Two Independent Road Infrastructures (Recommended Solutions Combined)

Bet Hanina

Pisgat Zeâ&#x20AC;&#x2122;ev

60

To R.443

60 (old)

Shu'afat

Shu'afat (Refugee Camp)

1 To Tel Aviv

Giv'at Ha-Mivtar Ramot Eshkol

To the eastern ring road

60

French Hill Lafatwa

Sheih Jarrah 60

To Ma'ale Adummim 417

Road

Bridge

Tunnel

1


132

I]Z<ZcZkV>c^i^Vi^kZ

Light Rail Infrastructure and the Border Pisgat Zeâ&#x20AC;&#x2122;ev

Bet Hanina

60 (old)

60

Shu'afat (Refugee Camp)

Shu'afat D

1 To Tel Aviv

Giv'at Ha-Mivtar French Hill Ramot Eshkol

60

Sheih Jarrah

The route of the light rail (as illustrated above) does not take into account the future delineation of a border in Jerusalem, (especially in the area of Shu'afat), and will present planning challenges upon implementation of the border. Modifications to both the route of the border and to that of the light rail may therefore be required. The illustration on the next page depicts the required changes to the light rail infrastructure: The route to / from Pisgat Ze'ev, 2003 Geneva Accord Line

Israeli

1

To the eastern ring road

currently planned to pass threw Shu'afat (old R.60), will be relocated to the new R.60. The stations in Shua'fat will no longer be needed, and the station in the French Hill junction will be relocated further south before the bridge. The Depot area has already been constructed, and relocating it will require great efforts. Upon delineation of a permanent status border, this area would have to be considered for a land swap.

Palestinian


Jerusalem

French Hill

133

Proposed Modifications to the Light Rail Infrastructure

Bet Hanina

Pisgat Zeâ&#x20AC;&#x2122;ev

60

To R.443

60 (old)

Shu'afat

Shu'afat (Refugee Camp)

D

1 To Tel Aviv

Giv'at Ha-Mivtar Ramot Eshkol

To the eastern ring road

60

French Hill

1

Lafatwa

Sheih Jarrah 60

To Ma'ale Adummim 417

Road

Bridge

Tunnel

Light rail route

Light rail station

D

Light rail depot


134

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A Major Crossing Facility in Northern Jerusalem This map displays a collection of optional locations for a major crossing facility in the Northern part of Jerusalem. Their comparative analysis is presented in order to highlight the most suitable location for the crossing

When trying to establish a sustainable division in the Greater Jerusalem area, one must consider the necessity of preserving the connectivity between both sides of the border. A city that has functioned as one entity for many years could suffer a great loss if divided harshly without proper connectivity between the two sides. The unique urban character of Jerusalem depends largely on the ability to travel from one side of the city to the other - daily workers (mostly Palestinians who work in Yerushalayim), tourists, traders, business people, government officials and diplomats â&#x20AC;&#x201C; will all become completely reliant upon the crossing facilities linking East and West. It is thus required to carefully plan a number of crossing facilities along the seam line which will serve the different populations efficiently and encourage cooperation, understanding and normality along the border.

This map summarizes the study of six alternative locations considered for a major crossing facility in North Jerusalem. This area of the city serves as a joint in the Greater Jerusalem metropolitan area, both on the Israeli and the Palestinian side. It links the two future city centers with the peripheral neighborhoods and villages and will form a crucial joint under a permanent status agreement. The proposed alternatives for the border crossing location are comparatively analyzed in following table. The evaluation criteria used here, [based on Nitza Appelman's study at the Technion: "Cross border passages as generator for development and implementation in Israel"] assists highlighting the most suitable location for the facility. This methodology can be further applied to other areas along the IsraeliPalestinian border.


Jerusalem

French Hill

135

Alternatives Locations for the Border Crossing Facility

Neve Ya'aqov

A

60

Bet Hanina

443

60 (old)

Pisgat Ze'ev

B

Shuâ&#x20AC;&#x2122;afat

To Tel Aviv

Shuâ&#x20AC;&#x2122;afat (refugee camp)

C

1

D

French Hill

Giv'at Ha-Mivtar Ramat Eshkol

E

Lafatwa

1 To the eastern ring road

60 Sheih

Jarrah

2003 Geneva Accord Line

Recommended location

F Alternative locations

Demographic spread

Road


136

I]Z<ZcZkV>c^i^Vi^kZ

443

Bet Hanina

60 (old)

Neve Ya'aqov

443

60

A Bet Hanina & Neve Ya'aqov

Road 443 (Between Ramot and Ramat Shelomo) B

Shu’afat

Shu’afat

60 (old)

1

Shu'afat (Refugee camp) French Hill

60 1

60

1

C Shu’afat (Refugee camp) crossing

Shu’afat & French Hill Junction D

60 Ramot Eshkol

Lafatwa

417 E Road 60 Junction (Eshkol Eve.)

Road 1 (A-Za’ayim) F


Jerusalem

French Hill

137

Recommended Location for the Border Crossing Facility (Shu'afat & French Hill Junction)

The East-West connection here is situated between two inter-city roads: Begin Road (North-South Israeli route) leading to R.443 (that will become a Palestinian road according to the Geneva Accord, and will also enable Israeli passage) and to Tel-Aviv, with Road 1 (Palestinian) leading to Jericho and Amman (through R.437), as well as to the Eastern ring road. The recommended option provides the best solution in terms of facilitating an interstate cross-border terminal. Firstly, its location- at the intersection of main Israeli and Palestinian inter-city roads allows easy access from both sides of the border and both from within and 2003 Geneva Accord Line

outside Jerusalem. It therefore has potential to serve not only as a pedestrian crossing, but also as a crossing for vehicles, tourists and buses. Secondly, as the site is located in adjacency to the route of the binational Road 60, this crossing facility will adequately serve the needs of Al-Quds residents commuting daily to work in Yerushalayim. Thirdly, the proximity of the site to the light rail station (on the Israeli side of the border, see pages 132-133 ) will link it to local transportation systems and commuting routes. Lastly, this option holds great potential at the urban scale. The facility can function not only as a crossing terminal, but also as a major urban joint between Yerushalayim and Al-Quds.

Recommended location

Israeli crossing facility

Alternative locations

Palestinian crossing facility

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

F Road 1 (A-Za’ayim)

Transportation

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

Transportation

E Road 60 Junction (Eshkol Eve.)

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

D Shu’afat & French Hill Junction

Transportation

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

C Shu’afat (Refugee camp) crossing

Transportation

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

B Road 443 (Between Ramot and Ramat Shelomo)

Transportation

Visual & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

Transportation

A Bet Hanina & Neve Ya'aqov


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A Proposal for a Border Crossing Facility The chosen location, an open space North-West of the Shu'afat - French Hill junction offers a great opportunity to create a facility that functions not only as an inter-state terminal, but also plays an important role in the urban environment on both sides of the border.

Model View

Shu'afat

French Hill

N

The proposed border crossing facility can also accommodate other public uses on both sides such as: commercial spaces, green and open spaces, and a meeting and conference hall for 2003 Geneva Accord Line

Israeli

cross border cooperation. The facility can thus hold an important role in the urban life along and across the border and become an urban joint between Yerushalayim and Al-Quds.

Palestinian


Jerusalem

French Hill

139

Section Through the Crossing Facility

Palestine Terminal Meeting lounge

Preliminary Security Line

Secondary Security Line

Israel Terminal Israeli Bridge

Permanent Status Border Line

Meeting lounge

Secondary Preliminary Security Security Line Line

Level 01 Level 00 Level -01 Level -02

The basic principle behind the section is the creation of two separate mirrored terminals, one on either side of the border. Each terminal is easily accessible via public transport and any other means of transport, and provides a large public space functioning both as the entrance to the terminal and as a market/commercial space. As a crossing facility between two independent sovereignties, the terminal will have to accommodate two separate border control inspection sections - one for each side. Every passenger will thus be inspected twice: upon

leaving the country he came from, and upon entering the other. The double procedure is the main principal of the plan: two separate facilities attached into one at the passage between one border control to the other to form an international terminal. In order to assist and encourage cross border cooperation, an intermediate space was planned as well. The "Meeting lounge" â&#x20AC;&#x201C; a meeting and conference complex within the crossing facility - does not require the meeting parties to undergo the complete inspection, as they do not cross the border.


140

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Security Diagram (Model View)

Preliminary Security Line

Secondary Security Line

The following schemes illustrate the different passage and border control options that the facility will provide. The facility will serve as an interstate cross-border terminal, and will enable the passage of pedestrians, private vehicles, and touristsâ&#x20AC;&#x2122; buses. The basic principle of the passage through it is the separation between the movement of pedestrians and the different types of vehicles. Pedestrians

Permanent Status Border Line

Secondary Security Line

are dropped off at the terminal, and undergo the border control procedure by foot. Vehicles undergo the border control inspections outside, parallel to the main pedestrian terminal. At the end of the border control process, pedestrians and vehicles movements unite again at the pick-up point situated near the terminal exit at the other side of the border.

Preliminary Security Line


Jerusalem

French Hill

141

Programmatic Scheme (Exploded Model View) Level 01 Public

Level 00 Tourist/ Local

Level -01 Daily Workers

Vehicle

Level -02 Parking

Meeting lounge and administration Public hall Security check Security selector

15000 m2 10000 m2 4 12

Security and border control Security check Border control Biometric check

12600 m2 40 20 40

Security and border control Waiting and lockers area Security check Border control Biometric check

6500 m2 5000 m2 20 20 160

Security check and movement Administration of vehicle level Security vehicle check Border control vehicle check

18000 m2 6500 m2 12 16

2-4 underground parking levels

All levels Total built area Site area Security check Border control Biometric check Security selectors

2003 Geneva Accord Line

75000 m2 40000 m2 76 56 200 24

Israeli

Palestinian


Ramallah 60 Giv'at Ha-Mivtar

French Hill

Ramat Eshkol Lafatwa

Sheih Jarrah

Eastern Ring Road 1 Kiryat Aryeh

Wadi Al-Goz

Bet Israel

60

American Colony

Bab Ez-Zahara

Meâ&#x20AC;&#x2122;a She'arim

Musrara

60 Old City

Ben Hinom Valley

Legend:

1967 line

2003 Geneva Accord Line

Old City

Road


Jerusalem

Road 60

Road 60

A binational road and backbone for infrastructure

Road 60 (also commonly referred to as Municipal Road No. 1) is one of the most interesting entities in Jerusalem. Its path was the route of the "Green Line" between 1949 and 1967, and the road is still known as "the Glass Wall", marking an invisible border between the Western and the Eastern parts of the city. The road functions as a main route and serves both sides of the city, and is perhaps in this respect the only road in Jerusalem of its type. In light of this, its function upon division is of crucial importance. The Geneva Accord envisages this road as a natural route for the border. This chapter proposes further development of this concept by transforming the road into a binational one. The challenges this shift raises are explored here to include: the nature of the altered road, the border crossings along it, and the physical attributes of the barrier at its center.

143


144

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A Ammunition Hill Junction Al-Quds

Yerushalayim

B American Colony junction Yerushalayim

Al-Quds

C Mandelbaum "Gate" Yerushalayim Legend:

Al-Quds 2003 Geneva Accord Line


Jerusalem

Road 60

Urban Setting Road 60 is situated at the center of the seam zone along the 1967 Green Line, and acts as a natural divider between East and West Jerusalem. Upon delineation of the border, the road will become the edge of Yerushalayim (West Jerusalem), and is expected to continue to function in the same way for Israeli users. Currently, it serves both as an inner and inter city road. It connects the Northern neighborhoods to the city center and to Southern Jerusalem as well as serving those vehicles entering Jerusalem from the North-West (Modi’in and Tel-Aviv) and the East (Jordan Valley and Ma’ale Adummim). The road is additionally used as a North-South connection between the Gush-Ezyon settlements in the South, as well as the Northern settlements near Ramallah. For the Palestinian side, Road 60’s role will be very important upon implementation of the border. The road is currently the only continuous connection between Ramallah and Al -Quds (East Jerusalem) as well as one of the main roads leading to the Old City area. Although Al-Quds can be accessed from the East, this road creates a continuous path from Ramallah to the larger metropolitan area of East Jerusalem. Road 60 could thus play a key role in the Palestinian capital.

Key Planning Challenges Road 60 will play a different role for each side, after a final status agreement, as it does today. The challenges addressed in this chapter center on preserving and enhancing its role for each side, yet also include: ǩ

Creating a binational road which will enable adequate use and access for both sides according to their different needs.

ǩ

Connecting the transport, infrastructure and border facilities along the road to the surrounding urban areas and enhancing their role within it.

ǩ

Establishing foundations for the road to function as a backbone for infrastructure on both sides.

145


146

I]Z<ZcZkV>c^i^Vi^kZ

Areas of Focus

Addressing aspects concerning the transformation of Road 60 into a binational road, both from the urban perspective and in terms of the physical attributes of the border along its center.

Road 60: From One System to Two

The proposal centers on the transformation of Road 60 into a bi-national road along an agreed borderline after a final status agreement. In effect, this means transforming a road

currently used by both sides of the city into two independent ones running parallel to each other, each supporting the required transport infrastructure along it.


Jerusalem

Road 60

The Binational Road

147

Location of the Border Crossing

Giv'at Ha-Mivtar

Giv'at Ha-Mivtar

Physical Attributes of the Border

Giv'at Ha-Mivtar A

Ramat Eshkol

Ramat Eshkol Sheih Jarrah

Ramat Eshkol Sheih Jarrah

Sheih Jarrah

B American Colony

American Colony

Me’a ֿShe'arim

Musrara

Me’a ֿShe'arim

2003 Geneva Accord Line

Israeli

Me’a ֿShe'arim

C

Musrara

Old City

Palestinian

American Colony

Old City

Road

Musrara

Optional location

Old City


I]Z<ZcZkV>c^i^Vi^kZ

148

Nature of the Binational Road As an important route for both future capitals, Road 60 will contain central transport routes and infrastructure. Since some exist already (such as the light rail infrastructure in West Jerusalem), and since space is limited, the future facilities need to be carefully considerd. The table below contains various alternatives for the overall (Western and Eastern) bi-national road transportation infrastructure.

Option 1 Existing Infrastructure

Option 2 Shared Infrastructure

Option 3

ǩ Israeli: car, light rail ǩ Palestinian: car

ǩ Israeli: car ǩ Palestinian: car ǩ Joint use: light rail system; border check upon exit

ǩ Israeli: car, light rail ǩ Palestinian: car, light rail

ǩ Joint light rail train infrastructure ǩ Allows both sides access to a rapid transportation system

ǩ Partly relies on existing infrastructure ǩ Allows both sides access to a rapid transportation system

ǩ The shared infrastructure might pose a challenge in terms of security

ǩ Requires an enormous Palestinian investment in a light rail system

Two Symmetrical Infrastructures

Advantage ǩ Relies on current infrastructure

Disadvantage ǩ Does not allow any rapid transportation system for the Palestinian side

2003 Geneva Accord Line

Israeli

Palestinian

Road

Light rail system


Jerusalem

Road 60

149

Recommended: Option 4 Viable Infrastructure According to Specific Needs and Capability

1.

Cost effective : The rapid bus system chosen for the Palestinian side can reach the same mobility-rate as the light rail train, and yet costs 10 times less, and can therefor be an easy and immediate solution upon the delineation of the

ǩ Israeli: car, light rail ǩ Palestinian: Rapid bus system, car; separate station system*

border. 2.

Flexibility to future scenarios : In case the city is "open" and "shared", dual infrastructure (of two parallel light rail systems) is avoided. The light rail and the rapid bus systems could operate

ǩ Does not require sharing infrastructure ǩ Affordable solution ǩ Allows both sides access to a rapid transportation system

as complementary systems. Nevertheless, the Palestinian transport infrastructure should be flexible enough to allow for future upgrading if required (including the ability to facilitate a light rail infrastructure). *

ǩ human movement through the stations might pose a security challenge

This solution could also be implemented with shared transport stations. However, separating them would both ease security challenges, and would allow better compatibility of the location of the stations to either sides needs.

Station

Light rail

Bus

Car


150

I]Z<ZcZkV>c^i^Vi^kZ

Local Border Crossing Proposed location

Alternatives for Locating a Pedestrian Border Crossing Facility in Central Jerusalem Shu'afat

Shu'afat Refugee Camp

1 Giv'at Ha-Mivtar 60 Ramat Eshkol Ammunition Hill

French Hill

Lafatwa

A Sheih Jarrah

B

American Colony

60 Meâ&#x20AC;&#x2122;a S Öż he'arim C Mandelbaum Gate

Old City

Musrara

* See also pictures on page 135

60 2003 Geneva Accord Line

Road

Recommended locations

Optional location

Demographic spread


Jerusalem

Road 60

151

Recommended Border Crossing Location

Visuale & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

C. Mandelbaum Gate

Transportation

Visuale & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

B. American Colony junction

Transportation

Visuale & Symbolic Assets

Security

Economy & Tourism

Urban Fabric

Transportation

A. Ammunition Hill Junction

It is proposed that a pedestrian crossing facility

Secondly, it is centrally situated in the context

be located along the road that will serve as

of the Palestinian city center and can greatly

a link between the two city centers. Three

contribute to benefit local commerce and tour-

optional locations are proposed:

ism. Thirdly, it creates a hitherto non-existent link between the two sides of the city which can

A: Ammunition Hill Junction

serve Jerusalemites and tourists alike.

This location offers a relatively large vacant space to accommodate a crossing facility, yet

C: Mandelbaum Gate:

in a relatively far walking distance from the old

This location has the benefit of its historical role,

city and the Palestinian urban center.

as the former check point between Israeli and Jordanian Jerusalem. Nevertheless, its location

B: The American Colony Junction

is not central enough for either side, and it does

Recommended option: This location has a few

not contain much space for a crossing facility.

advantages: firstly, it has sufficient available land for accommodating the crossing facilities.


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I]Z<ZcZkV>c^i^Vi^kZ

Proposed Border Crossing Facility (plan) 60

American Colony

Bet Israel

Palestinian Crossing Facility Israeli Crossing Facility

60

Proposed Border Crossing Facility (prespective view) Bet Israel

Israeli Crossing Facility

N

60

60

Palestinian Crossing Facility

American Colony


Jerusalem

Road 60

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Separation and Connectivity Via the Border Crossing Facility

Bet Israel

Connectivity between the two sides of the existing road (today)

American Colony

Connectivity between the two sides of the border (after a permanent status agreement)

The border crossing facility has been planned

In a scenario where both capitals function

at the American Colony Junction in a manner

completely separately, the crossing facility

which would allow an East-West connection

provides two separate systems of movement as

through it. The creation of the new connecting

well as border crossing services on the bridge

path via the bridge (see diagrams above)

level. In the event that Jerusalem becomes an

makes both city centers accessible to tourists

open city, the terminals can be transformed

or residents of either side. The basic layout is

into public spaces, and the bridge between

planned to suit various political and security

them will allow an open connection between

scenarios.

the two sides.

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Israeli road

Palestinian Road

Proposed bridge


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I]Z<ZcZkV>c^i^Vi^kZ

Movement Flow Through the Border Crossing Facility The facility is divided in two; one on either side of the border. The inspection procedure is upon entering either side only (no inspection upon exit, to shorten and ease the passage).

Israeli Crossing Facility to Yerushalayim

N

N

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Pedestrians entering Yerushalayim

Passport check


Jerusalem

Road 60

155

Palestinian Crossing Facility to Al-Quds

N

N

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Pedestrians Entering Al Quds

Passport check


156

I]Z<ZcZkV>c^i^Vi^kZ

Physical Attributes of the Border

Integrating the Border in the Urban Landscape

Car

Rapid bus system

Barrier

Light rail

Car

The physical form of the border at the center of

and barbed wire fences currently employed in

the bi-national road is of great importance, and

some parts of the separation barrier, should be

one of the crucial aspects in the implementation

replaced with electronic detection technology.

of a permanent status agreement. It is important

These will provide a warning and tracking

to balance the security requirements with the

system free from a negative and intimidating

appearance of the obstacle, and to minimize

appearance. Also, the obstacle itself will be

its intimidation factor as much as possible.

formed by a combination of a ditch, Iron fence

It is proposed here to use a separating fence

and greenery elements. This will assist the

at the center of the road, as is currently in use

development of the seam area as a lively and

in various parts along the seam line between

mutual urban backbone, rather than further

Israel and the West Bank. The concrete walls

thickening the existing â&#x20AC;&#x153;glass wallâ&#x20AC;?.


Jerusalem

Road 60

157

Cameras

Incorporating Security Measures into the Barrier Iron fence (300 cm)

Earth barrier or water ditch

Border trench Infrustructure

Sensory detector cable

Sidewalk

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Israeli

Palestinian


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The Geneva Initiative 60

Herodâ&#x20AC;&#x2122;s Gate

St. Stephenâ&#x20AC;&#x2122;s Gate

Damascus Gate

New Gate Golden Gate

Jaffa Gate

Dung Gate

Zion Gate

Ben Hinom Valley / Wadi Rababa

Giv'at Hananya (Abu Tor)

Legend:

1967 line

Old City

Abu Tur

2003 Geneva Accord line

Proposed permanent status border line


Jerusalem

Old City

Old City Special arrangements for entering the Old City

The Old City is one of the most sensitive areas within the Israeli-Palestinian debate and is a crucial core issue for the Israeli-Palestinian negotiations. This chapter addresses one of the controversial aspects of this debate: The transformation of the Old City into an area with special arrangements within the context of a final status agreement and the special arrangements for border management and crossing facilities it will require. This is exemplified in two case studies: Jaffa Gate Crossing, and Dung Gate crossing. Specific recommendations as to how to integrate security facilities at these sensitive locations are proposed, whilst aiming to balance the requirements of the special arrangements with the architectural preservation of the Historic Basin and the secure access to the religious sites for all three religions. Although this chapter focuses on Israeli gates only, gates which fall under the Palestinian sovereignty will raise similar issues and should be approached with the same working assumptions.

General border regime arrangements The Geneva Accord specifies that the gates of the Old City will not be used as crossing points for Israelis and Palestinians wishing to enter the territory of the neighboring country. Thus, Israelis and Palestinians will not be permitted to exit the other side via the Old City, and will need to do so using alternative crossings (i.e. American Colony, French Hill etc.). The role of the two facilities proposed here is therefore to ensure security within the Old City as well as to control the exit from it towards West and East Jerusalem. The development of two parallel Palestinian gates should complete this requirement to ensure the same arrangements are implemented in all Old City gates. The two Israeli gates will act as complementary crossing facilities, serving together those entering or exiting West Jerusalem according to the following: Jaffa Gate - As an international gate in its nature, situated near the intersection of all Old City quarters, and directly linked to the Western City - the gate is planned to provide access for pedestrians and vehicles. Dung Gate - As it provides direct access to the Jewish Quarter, the Western Wall, the Temple Mount and their surrounding functions - the gate is planned to provide an additional access for pedestrians who wish to visit these sites whilst arriving from the Western City.

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Old City gates - upon the delineation of a permanent status agreement New Gate

Damascus Gate

pedestrians and vehicles

pedestrians

Herodâ&#x20AC;&#x2122;s Gate pedestrians

60

St.. Stephan's Gate

pedestrians and vehicles

Jaffa Gate

pedestrians and vehicles

Christian Quarter Armenian Quarter

Zion Gate

pedestrians and vehicles

Muslim Quarter Jewish Quarter

Dung Gate

pedestrians

Temple Mount / Al-Haram al-Sharif

Golden Gate

Cemetery


Jerusalem

Old City

161

Urban setting The Old City is located at the center of Jerusalem. It thus holds the potential to become a significant joint in any future permanent status agreement. The model proposed here recommends that the Old City not be physically divided between West and East Jerusalem. Instead, the Old City would become a special entity situated between the two sovereign states, with unique border crossing arrangements and facilities.

Key planning challenges The challenge in the Old City case is to induce a successful and mutually beneficial urban atmosphere, whilst sensitively situating and integrating the security aspects of the special arrangements in the Historic Basin. More specifically, this includes: 1. Preserving the role of the Old City as a connection between the two sides, and developing it as a major cultural intersection between the two future capitals. 2. Ensuring accessibility to the holy sites for members of all three religions. 3. Locating and integrating the proposed border apparatus into the landscape of this historical and religious space with minimal interference to its appearance and character.

2003 Geneva Accord line

Israeli

1000 - 2000 passengers p/h

1967 line

Palestinian

750 - 1000 passengers p/h

Road

Green space

500 - 750 passengers p/h 100 - 500 passengers p/h


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The A Regional GenevaPeace Initiative Plan

Jaffa Gate

Jaffa Gate

David Citadel

Entrance to Mamila - Alrov Quarter


Jerusalem

Old City

163

Jaffa Gate Pedestrian and vehicle crossing facility

Christian Quarter

Mamila Alrov Quarter Bridge

Jaffa Gate

Old City

Crossing Facility David Citadel Museum

Armenian Quarter

Yemin Moshe

Jaffa Gate is the main gate serving the Israeli population due to its location on the Western side of the Old City. The gateâ&#x20AC;&#x2122;s area functions as a bridge between cultures, religions and nations. It is situated very near to the point where all Old City quarters meet, and represents a significant urban site for all visitors to the Old City. The question of movement in and out of the Old City demands an efficient, secure and spatially respectful scheme of operation and design of facilities. Such a plan should blend naturally with the local surrounding, with minimal disruption to the flow of goods and people, whether they are Old City residents, Israelis or Palestinians, pilgrims or tourists. This chapter proposes the location of a crossing facility in the immediate vicinity of the Jaffa Gate - The Karta complex â&#x20AC;&#x201C; also known as the MamilaAlrov Quarter. 2003 Geneva Accord line

Yerushalayim

Old City wall

Old City

Green space Road

Crossing Facility


The Geneva Initiative

164

Proposed border crossing facility (based on the Mamila-Alrov Quarter structures) Old City Green Belt

N

Vehicle Entrance

Jaffa Gate

Entrance Plaza

Bridge

Entrance Exit

Mamila-Alrov Quarter (Karta Complex)

2003 Geneva Accord line

Entering and exiting people (before security check)

Checking procedure (Entry / Exit)

Entering and exiting people (after security check)

Israeli


Jerusalem

Old City

Overview of site and crossing facilities The upper section of the Karta parking lot is a long arcade with shops on both sides (known as the Mamila â&#x20AC;&#x201C; Alrov Quarter). It is proposed to use the Southern part of the Mamila arcade for locating the crossing facility. The location of the facility will allow people shopping in the arcade to cross directly into the Old City and will maintain the established links between West Jerusalem and the Old City. The entrance and exit facilities will be separate, and each will occupy a different level of the existing complex.

Movement arrangements The movement through the facility will be on two separate levels. The entrance to the Old City will be possible only via the upper level (the arcadeâ&#x20AC;&#x2122;s roof) accessed by a bridge, stairs or an elevator, which will need to be added. The lower level of the arcade will be used to monitor those exiting the Old City. Special permit holders (residents of the Old City, daily workers etc.) will be streamlined, and will not need to undergo the full security check. Vehicles will enter as they do today and will be checked upon entrance to the Old City via the ramp.

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The Geneva Initiative

166

Jaffa Gate entry facility

N

The proposed location for the entry facility is the upper floor above the Mamila â&#x20AC;&#x201C; Alrov arcade. Old City visitors will enter the designated area and undergo a security check and passport control if they wish to exit the Old City to the Palestinian side (if it is decided to allow crossing via the Old City, this facility could provide that

procedure as well). A fast-track lane will be provided for those holding special permits, allowing them to cross without the security and passport inspections. Access to the parking levels will be ensured by adding the elevator and staircase to this level.

Entering people (before security check)

Israeli document control

Security check

Entering people (after security check)

Authorized people

Foreign document control


Jerusalem

Old City

167

Jaffa Gate exit facility

N

The proposed location for the exit facility is the lower floor of the complex, currently housing the Mamila - Alrov arcade and shops. As all other exits from the Old City and as any international border crossing, it is assumed that this facility will require thorough screening and security checks. To this end, it is proposed to modify the Southern part of the existing arcade

for accommodating a multi-lane security check which every visitor exiting the Old City into Yerushalayim will have to pass through. The plan also includes an optional operation area for groups and for allowing free passage should that be required on certain holidays or in lowthreat periods.


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The A Regional GenevaPeace Initiative Plan

Archeological garden along the outer side of the wall Photographer: Chris Yunker

Dung Gate

The ancient market plaza


Jerusalem

Old City

169

Dung Gate Pedestrian border crossing facility

Western wall

Jewish Quarter

Temple Mount

Old City

Dung gate

Additional opening in the walls

Crossing Facility

Archeological remains

Silwan

Dung Gate is situated to the South-East of the Old City and is also known as â&#x20AC;&#x153;Bab el-Silwanâ&#x20AC;?, since it overlooks the Arab village of that name. Dung Gate is planned to provide an additional pedestrian access to the Old City. As it leads to the Jewish Quarter, the Western Wall, the Temple Mount and their surrounding functions, the gate can serve many who wish to visit these sites whilst arriving from the Western city. The site has limited space around it; therefore situating a crossing facility in it is a challenging task which will need to be carefully approached. To the West, approximately thirty meters from the gate, there is a narrow opening in the wall which formerly served craftsman and animals. In light of the limited space available, this opening assists the development of a facility as it reduces the need to rely on the Gate opening alone. In addition, the area around the gate holds great potential for future development into which the crossing facility could be incorporated. The slopes leading from Zion Gate area to Dung Gate contain interesting archeological remains outside the walls, as well as a trail with remarkable scenery on the inside. These limit the ability to develop the crossing outside the gate area, yet hold the potential for the gate to become a tourist departure point to the historic assets of the area in addition to fulfilling the security requirements as a crossing facility. 2003 Geneva Accord line

Yerushalayim

Old City wall

Old City

Green space Road

Crossing Facility


The Geneva Initiative

170

Proposed border crossing facility at Dung Gate Proposed exit facility

N

Dung Gate

Additional opening in the walls

Proposed entry facility

2003 Geneva Accord line

Entering people (before security check)

Document control

Exiting people (after security check)

Security check


Jerusalem

Old City

171

Dung Gate crossing facility N

Exit Info

Info

Entrance

In light of the severe lack of open space around Dung Gate, a crossing facility could be situated either in the open space just outside the gate, or in the ancient market plaza located just inside the Old City walls. The facility proposed here for monitoring entry and exit of pedestrian passengers uses both the outer and inner spaces to this end. The entrance facility will be situated in the outer part of the walls, and the exit facility will be situated in their inner part (the market plaza). To the West, approximately thirty meters from the gate, the narrow opening in the wall, is suggested to form part of the

border crossing facility to monitor pedestrians exiting the Old City. Pedestrians entering through Dung Gate will do so after going through a security check and passport control procedure in the entrance facility. They will then be permitted to enter the gate and access the Jewish Quarter and the Western Wall. Exiting passengers will approach the exit facility from within the Old City. Designated lanes will be provided for special permit holders, as well as lanes allowing for tourists to cross into Palestine.


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Old City

The Geneva Initiative

Ben Hinom Valley / Wadi Rababa

Giv'at Hananya (Abu Tor) Abu Tur

Legend:

1967 line

Old City

2003 Geneva Accord line

Proposed permanent status border line


Jerusalem

Ben Hinom Valley

Ben Hinom Valley A green space and historical landscape

The following pages address the separation within the historical landscape of BenHinom valley (also named Wadi Rababa by the Palestinians). The chapter suggests a route in line with the local topography and the existing elements on site. This deviation assists preserving the qualities of the valley and the visual continuity between its different parts. It also lays the foundation for approaching other sensitive segments of the border by adjusting them carefully to the urban landscape.

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The Geneva Initiative

A chain of green spaces along the border

Old City

Brichat Hasultan / Birkat al-Sultan

Ben Hinom Vally / Wadi Rababa

60

Giv'at Hananya (Abu Tor)

* zoom in page 167

Abu Tur

Ha Shalom Forest

2003 Geneva Accord line Proposed permanent status border line

Road Old City wall

Green space Crossing facility


Jerusalem

Ben Hinom Valley

Urban setting Ben-Hinom Valley is located between the Old City in the north and Abu Tor and Silwan neighborhoods in the south. The valley is comprised of several parts of disparate nature, and is generally not used as one continuous space. Placing the border at its center can accentuate this tendency yet also holds the opportunity of approaching the valley as one unit and managing it as mutually.

Key planning challenges Several challenges arise from locating separation within the valley: ǩ Preserving the valley as a green space - Both within its boundaries and as part of a chain of open and green spaces along the border. There should be a mutual interest to maintain and develop these green areas for the benefit of both sides of the city. ǩ Blending the division barrier in the valley - The valley can be divided relatively unnoticeablly if the natural slope and existing landscape elements are used for doing so. The border and security devices can be merged into the landscape to minimize their presence in the valley. ǩ Maintaining the perceptual and visual wholeness of the valley – The border can be situated sensitively in order to preserve this unique space. An optional maintenance station can be located at its center and be merged into the descending topography.

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GenevaOfInitiative The Name The Book

Annex Name

Old City

Cemetery

1

Cemetery

2

Abu Tor

3 Legend:

2003 Geneva Accord Line


Jerusalem

Ben Hinom Valley

177

Proposed Route of the Border It is proposed to create a path that crosses the valley naturally and uses existing elements on site. The different segments of the suggested path are detailed below.

Proposed border location Old city

Old City (see the Old City chapter for more information about the special arrangements there) Cemetery

60 Brichat Hasultan / Birkat al-Sultan

Locating the border path along the existing cemetery wall (picture 1)

Cemetery

Ben Hinom Vally / Wadi Rababa

locating the border along the existing trail locating the border along the existing

Cemetery

cemetery wall and existing stair case (picture 2) Abu tor neighborhood (see chapter

Giv'at Hananya (Abu Tor)

for specific division guidelines)

Abu Tur

(picture 3)

2003 Geneva Accord line

Israeli road

Proposed permanent status border line

Old City wall

Green space


Ben Himon Valley / Wadi Rababa 178

The Geneva Initiative

Hamefaked st.

60

Ein Rogel / Bir Ayyub st.

Giv'at Hananya (Abu Tor)

Abu Tur

Ashaâ&#x20AC;&#x2122;el st.

Abu Tor st.

Neomi st.

Ha Shalom Forset

Legend:

Proposed permanent status border line

2003 Geneva Accord line

1967 line


Jerusalem

Abu Tor

Abu Tor A mixed, densely built neighborhood

The neighborhood of Abu Tor is one of the very few mixed neighborhoods (Arab and Jewish) remaining in Jerusalem. It is a vast built up area which will have to be carefully dissected for any final status agreement proposing the division of the city along it. It is believed that aligning the border line with the local conditions can help obtain a sensitive path and form for separation in this unique area. The chapter therefore delineates an alternative border path for the neighborhood of Abu Tor, and examines planning and design strategies for implementing separation and connection within it.

Urban setting Abu Tor is situated on a slope descending from the West to the East and is located between Silwan neighborhood (East), the Ben-Hinom Valley / Wadi Rababa (North) and Ha Shalom Forest (south). The former demarcation line (1967 "Green line") has crossed the neighborhood forming a “no man’s land” across it. Its removal in 1967 has in turn brought about a Jewish-Arab population mix. Currently, the majority of its western part is Israeli (Giv'at Hananya / Abu Tor) and relatively wealthy, and the majority of its eastern and relatively poor part is Palestinian (Abu Tur).

Key planning challenges Implementing a border with its various security installations within a populated area poses a unique challenge since it involves private houses and narrow streets rather than public properties or open spaces. A sensitive solution is therefore required in order to minimize the damage to the built environment and the neighborhood ties and routines. Planning objectives therefore include: ǩ Creating a sensible border path - Taking into consideration the current demographic spread and specific components of the built environment. ǩ Creating a sensitive form for the barrier - Minimal in its appearance and well blended in the local environment. ǩ Establishing planning guidelines for implementing separation and creating connections within the neighborhood - In order to maintain the local ties between the citizens and allow the adaptation for future political arrangements in the area with minimal change to the built environment.

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Proposed Route of the Border Alternative locations for delineating the border The population of Abu Tor is mixed and its current spread does not correlate with the â&#x20AC;&#x2DC;67 (Green) Line. The current demographic spread (according to occupation rather than ownership) was investigated in a field-survey during January, 2008. The survey reveals a complex spatial reality which will pose a great challenge when the delineation of the border within the neighborhood is considered.

Current demographic spread (January 2008) and proposed border route

Hamefaked st.

Ashaâ&#x20AC;&#x2122;el st.

Abu Tor

Ein Rogel / Bir Ayyub st.

2003 Geneva Accord line Proposed permanent status border line

1967 Green Line

Israeli residents Palestinian residents


Jerusalem

Abu Tor

181

Various options for a border route including their advantages and disadvantages appear below. The recommended option divides the neighborhood in line with the Clinton layout - suggesting the consideration of alternatives based on current demographic spreads rather than the 1967 line. It is therefore proposed to separate the neighborhood based on the local reality.

Border according to the Green Line (1967)

Border according to “Geneva Accord” lines (2003)

Proposed border line: based on the current demographic spread

ǩ International and historical consensus regarding the route.

ǩ According to an already achieved agreement between central Israeli and Palestinians figures. ǩ Natural and feasible conditions for border implementation along the topographic slopes of Abu Tor street.

ǩ Nearly full correlation between the suggested line and the current demographic spread. Only about 10 Arab families and 5 Jewish families will need to be relocated.

ǩ The Green Line is actually a wide area including many houses within it. ǩ No correlation between the Green Line location and the current demographic spread. ǩ Non-Conductive topographic and urban conditions for implementing a border.

ǩ No correlation between the suggested line and the current demographic spread.

ǩ Create traffic and movement difficulties for both sides.

Alternatives

Advantage

Disadvantage


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The Geneva Initiative

Approaches for Separation Integrating the border into a built-up neighborhood

Local typologies

Hamefaked st.

Ashaâ&#x20AC;&#x2122;el st.

Abu Tor Ein Rogel / Bir Ayyub st.

2003 Geneva Accord line

Proposed permanent status border line

Abu Tor houses


Jerusalem

Abu Tor

House set back from street

183

House adjacent to street

Sensitively implementing any of the above division routes in the neighborhood requires close attention when the micro level is considered. The houses and spaces along the street should thus be treated individually as the border path is set around them. Several

Open space in built area

typologies are identified here to provide guidelines for the local built environment including its built and open spaces. In effect, this will allow various forms for the border to be implemented based on the unique situation of every house.


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The Geneva Initiative

Demonstrating separation Detailed below are strategies for approaching the various built typologies identified in the neighborhood.

Built typologies House set back from street

Border in front of house (House entrance relocated to the back)

Border behind house (House entrance remains on Ein Rogel st.)

House adjacent to street

Border in front of house, entrance diverted

The final border route can be adjusted in light of the specific condition of each house to allow its connection to either of the sides. The house

entrances can be diverted accordingly to allow this modification.


Jerusalem

Abu Tor

185

An open space in the built area

Abu Tur

Barrier

The topography of the neighborhood allows incorporating the border and its various facilities using the slope. The illustration demonstrates the fashion in which a fence along an upper street can host the border devices. 2003 Geneva Accord line

Giv'at Hananya (Abu Tor)

This detail provides an answer for the security demands, yet maintains the neighborhood atmosphere and the visual continuity between its two parts.

Proposed permanent status border line

Israeli

Palestinian


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The Geneva Initiative

Approaches for connectivity Inserting connection points, shared areas and flexible ownership schemes in the neighborhoodsâ&#x20AC;&#x2122; open spaces

Hamefaked st.

01

Ashaâ&#x20AC;&#x2122;el st.

Abu Tor st. Ein Rogel / Bir Ayyubst.

02

03

There exist various areas in the neighborhood with spatial characteristics allowing them to serve as joints between the two separated neighborhoods after the delineation of the border. These may serve as connection points, shared or alternatively used facilities. The

illustration above delineates such areas along the route of the border. Each one may receive a set of planning guidelines for its particular use and condition to allow maximum flexibility in its benefit for the two sides (as proposed in the following pages).


Jerusalem

Abu Tor

187

01 Border Garden: Planning guidelines for an open space along the border

Ein Rogel / Bir Ayyubst. Border garden

Outlined here is a planning scheme for an open space in the neighborhood. It demonstrates how the application of design guidelines may allow flexibility for the area in the short and long run as well as in various political arrangements. 2003 Geneva Accord line

Israeli

Abu Tor st.

The garden can be attached to either of the sides (temporarily or permanently), be used as a shared area, or be divided in various locations of it through a simple alteration of the secured border path within it. Palestinian

view direction

01 connection point


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The Geneva Initiative

02 Shared public building: Options for shared use Ashaâ&#x20AC;&#x2122;el st. Ein Rogel / Bir Ayyubst.

Outlined here is a planning scheme for a shared public facility situated between the two future states as it stretches between an Israeli street on one side and a Palestinian street on the other. This specific building, which has recently been built, holds the potential to serve both Israelis and Palestinians, as it can support

and maintain the existing neighborhood ties and enhance communication between the two neighboring communities. According to special arrangements, it may be shared by the two sides for it to be used either at the same time or separately (as illustrated in the four schemes above).


Jerusalem

Abu Tor

189

03 Local border crossing: For emergency or special use

Ashaâ&#x20AC;&#x2122;el st. Naomi st.

Although Abu Tor is not a recommended location for a major urban crossing facility, a crossing point for local residents may be required in case of emergency or even in response to everyday rush-hour crossing needs. It is therefore 2003 Geneva Accord line

Israeli

proposed that a small border crossing be located at the meeting point of Abu Tor St. and Naomi St. to serve this purpose.

Palestinian


Shu’afat

to Tel-Aviv

Shu’afat - Refugee Camp

1

French Hill

60

Mount Scopus Sheih Jarrah

Yerushalayim

Al - Quds

Old City

Jaffa Gate

Dung Gate

Ben Hinom Valley

Giv'at Hananya (Abu Tor) Abu Tur

East Talpiyyot

Legend:

2003 Geneva Accord Line

Old City


Jerusalem

Summary

Summary

Dividing a living city demands immense effort in order for it to remain vital and functionally intact. The set of proposals presented in this annex carries a variety of objectives. First and foremost, they are intended to offer comprehensive planning guidelines to the main segments constructing the Geneva Accord future border line in Jerusalem. Secondly, despite the specific location of each segment, the chapters pertain to other locations and border challenges as well. The recommendations and outlines presented in these chapters therefore not only represent actual proposals for the seam area developments, but also form a solution-bank for implementing a border in Jerusalem. Applying this novel approach will aid approaching security issues, population flows challenges and urban development in the future city.

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French Hill A major junction between the two cities The first chapter has covered a large variety of issues that concern anyone who attempts to examine territorial concessions in Jerusalem. The continuity between different Palestinian territories on the one hand and Israeli territories on the other was one of the major aspects of this chapter, and specific solutions have been proposed to overcome this substantial challenge. In addition, the chapter has built a thorough understanding of Northern Jerusalemâ&#x20AC;&#x2122;s transport scheme in light of future mobility needs in the metropolitan area. The examination of a large Israeli-Palestinian crossing facility, which will enable massive movements of tourists, workers, vehicles and diplomats between the two future capitals to come was another important issue tackled here. In this context, a methodology for evaluating location alternatives for such a facility has been developed. It allows assessing different sites according to various parameters whilst highlighting the best option for situating the facility - the French Hill junction (a large vacant space well connected to main transport arteries on both sides of the future border, in close proximity to the city center). This methodology is also a tool for approaching a broad array of urban planning issues pertaining to the implementation of the border in the city.

Road 60 A bi-national road and backbone for infrastructure The second chapter, dealing with the transformation of Road 60 into a bi-national road with a border at its center, has also examined the relationship between security systems and the existing urban, civil and transport infrastructures. The chapter delineated the objectives and needs that both entities share and highlighted the ones in which they differ. It has offered a transportation outline for the bi national road proposed along the border and set out strategies for integrating the different transport systems that were proposed for each side.


Jerusalem

Summary

Also the chapter included a plan for a pedestrian border crossing in the American Colony junction which is integrated with local urban infrastructures (transport, open spaces and leisure facilities) in a manner that benefits all aspects of this collaboration. As this chapter has emphasized, urban vitality and border facilities do not necessarily contradict each other, on the contrary, planning them in conjunction can greatly benefit both the city sides and their dividing border. To this end, it has been demonstrated how a border within a city can be designed and situated as a natural urban object and enhance the local facilities and infrastructure they require. This understanding, the barrier details for separation along the road, and the tools developed in this case can therefore serve as a reference for other segments of the border situated along major traffic routes.

The Old City Special arrangements for entering the Old City The third chapter dealt with the "volcanic core" of the Israeli-Palestinian conflict - The Old City, as it focused on two of its gates - Jaffa and Dung gates. In contrast to the common focus on the layers of distrust and presumption in the area, this chapter aimed to provide analytic tools assisting the practical shift toward a territorial resolution in the site through the proposal of two crossing terminals in these gates. Although working with the assumption that the Old City will remain an undivided entity, the project has produced solutions suitable for other political scenarios as well. The chapter has devoted particular attention to the re-arrangement of pedestrian and vehicle flows through the two gates and their crossing facilities. The design and integration of these facilities in the two sites offer a balance between the insertion of security measures and the aesthetic preservation of the historic basin. These issues will all be crucial aspects of any from of resolution and whether the Old city is divided, remains Israeli or becomes an international entity.

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The Geneva Initiative

Ben Hinom Valley A green space and historical landscape The forth chapter has dealt with the separation of a vast natural green space. Such form of division poses unique aesthetic and practical challenges as a barrier is placed in a well noticeable context. The chapter has thus devoted particular attention to the border path crossing the valley in order to preserve the landscape qualities of the Ben-Hinom valley as much as possible. To this end, the border was aligned with existing paths and built elements on site, in order to balance the indication of its location with a subtle appearance on the surface. This approach is a valuable reference for all the border segments in Jerusalem carrying similar geographical attributes - whether they are open, un-built or natural urban areas.

Abu Tor A mixed, densely built neighborhood The fifth chapter referred to another major perceptual obstacle as it explored the division of a dense urban neighborhood in Jerusalem. Even true advocates of the two-state solution hesitate upon approaching this issue as they remember the well known images of the 1948-1967 no man's land or even the infamous Berlin wall. The aim of the Abu Tor project was therefore to propose a border route and form for this specific context and introduce alternative manners for approaching and locating a border within densely built environments. Strategies for implementing separation, as well as connection areas were demonstrated with direct reference to the local built typologies. This case study is a valuable reference for other urban areas in which the barrier divides inner city neighborhoods or two adjacent ones (such as in the case of Bet-Zafafa), when particular and almost microscopic planning attention is required.


Jerusalem

Summary

End Note The collection of projects presented here has addressed many issues concerning policy makers as well as the general public. It has dealt with the question of introducing border and security facilities into a living city and with the various aspects this complex task involves. It offers specific practical tools, planning solutions, and border details, but more importantly- demonstrates that implementing separation in the city is a possible and attainable task. The proposals demonstrated the feasibility of creating two capitals in the city of Jerusalem whilst maintaining the necessary interests of each side, and the necessary links between them. The implementation of a final status agreement will require the establishment of professional working groups that will further develop the various aspects of the border, its urban implications and specific operation regime. If approached thoroughly, in advance and seen in light of other planning needs, the implementation of an inner city border may greatly benefit the city. It is hoped that this annex will serve as a cornerstone in translating the political challenges the conflictâ&#x20AC;&#x2122;s resolution calls for into the professional attention the resolution demands. Thereby beyond peaceful solutions, viable and long-lasting ones.

Architects: Saya - Yehuda Greenfield-Gilat, Karen Lee Bar-Sinai, Kobi Ruthenberg and Chen Farkas; in cooperation with Amer Kaysi, Hanna Ghawi and Michel Salameh

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06

The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

ǩ Special Representative ǩ Donors Group ǩ Security and Conservation Unit ǩ Dispute Settlement Mechanism ǩ Identification ǩ Training and Orientation


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The Geneva Initiative

1. General 1.

Purpose and Goal: The Multinational Presence is established in order to monitor, verify, and assist in the implementation of the Partiesâ&#x20AC;&#x2122; mutual obligations under the Agreement concerning al-Haram al-Sharif/ Temple Mount (Compound).

2.

Composition and Structure: a. The Multinational Presence shall include: i. Representatives of the member countries and organizations of the IVG. ii. Representatives of the member countries of the Organization of the Islamic Conference (OIC). b. The Parties may agree to add to the Multinational Presence additional member countries and/or organizations, both regional and international. c. The organs and bodies of the Multinational Presence shall be as follows: i. The Special Representative. ii. The Donors Group. iii. The Security and Conservation Unit. d. The Multinational Presence shall establish a Dispute Settlement Mechanism. e. The Multinational Presence may decide, with the agreement of the Parties, to establish additional organs and bodies, as it deems necessary for the fulfillment of its tasks. f. The Multinational Presence permanent headquarters shall be at al-Haram al-Sharif/ Temple Mount, or close to it.

3.

Responsibilities and Functions: a. The Multinational Presence shall have the responsibilities and functions set out in the Agreement, including, inter alia, the following: i. Monitor, verify, and assist in the implementation of the agreement. ii. Confirm security and conservation in al-Haram al-Sharif/ Temple Mount. iii. Resolve any problems arising in al-Haram al-Sharif/ Temple Mount.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

iv. v.

vi.

b.

c.

4.

Assure that no digging, excavation, or construction is done on or beneath the Compound, unless approved by the two Parties. Assure that regular maintenance and emergency repairs on the Compound shall not contradict the agreement between the Parties. Enable religious worship or decorum on the site and assure that visitors shall be allowed access to the site as long as it does not interfere with religious practices as defined by the Waqf.

Additional responsibilities and functions may be added to the Multinational Presence by the Parties, in a written agreement to be submitted by them to the Special Representative. The working language of the Multinational Presence shall be English.

Expenses and Financing: a. The expenses of the Multinational Presence shall be borne by the UN, the OIC, the members of the IVG and the Parties. b. The Special Representative, with the assistance of the Parties, the OIC and the members of the IVG, shall establish a Multinational Presence Donors Group (Donors Group), comprised of non-member countries and/or organizations willing to contribute to the success of the Multinational Presence and the Agreement. The expenses of the Multinational Presence not covered by the UN, the OIC, the members of the IVG and the Parties, shall be borne by the donors group. c. The Multinational Presence shall strive to maximize local and regional purchasing and procuring for its activities. d. The Special Representative shall prepare a budget for each financial year, to be approved by the International Group and the Parties. Once approved, the budget shall serve to fund the operations of the Multinational Presence, as determined by the Special Representative. The financial year for the purpose of the Multinational Presence budget shall be from 01/01 to 31/12.

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The Geneva Initiative

200

e.

f.

g.

5.

For the period prior to the 1 st of January of the year following the signing of the agreement the budget of the Multinational Presence shall consist of such sums as the Special Representative shall receive during this period. The Special Representative will prepare financial regulations consistent with this Agreement, and shall submit them for the approval of the International Group and the Parties no later than ____. These regulations shall include a budgetary process which takes into account the budgetary cycles of the contributing countries and organizations. Once every financial year, the Special Representative shall convene a special annual plenary (the Plenary) comprised of representatives of the Parties, the Members, the International Group and the Donor Group, to present and discuss the Multinational Presence compliance with its work-plan and budget for the current financial year and its proposed work-plan and budget for the next financial year.

Relations with the Parties: a. A Trilateral Committee, composed of the Special Representative and a Palestinian-Israeli High Steering Committee, shall serve as the most senior forum for coordination between the Parties and the Multinational Presence in relation to the implementation of the Agreement and for mutual review of such implementation. b. The Trilateral Committee shall convene for its regular meetings at least once a month. In addition, the Trilateral Committee shall convene for a special session within 48 hours of the request of either of the Parties or of the Multinational Presence to the Secretariat. c. In addition to the Trilateral Committee, the Multinational Presence shall be represented in the various committees and groups established under the Agreement, as detailed there under, and in other committees, groups or bodies as shall be agreed upon by the Parties.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

6.

7.

Privileges and Immunities: a. Representatives of the Multinational Presence, the Special Representative and the various employees of and participants in the Multinational Presenceâ&#x20AC;&#x2122;s organs and bodies shall be entitled to privileges and immunities as detailed in the Participation Agreement. b. Representatives of the Multinational Presence, the Special Representative and the various employees of and participants in the Multinational Presenceâ&#x20AC;&#x2122;s organs and bodies shall enjoy freedom of movement within the territory of the Parties, as required for the performance of their responsibilities under the Agreement, in accordance with modalities to be developed by the Special Representative with the Parties. Duration: a. The Multinational Presence shall exist until otherwise agreed by the Parties.

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The Geneva Initiative

2. The Special Representative 1.

2.

3.

4.

5.

6.

7.

The Special Representative shall be appointed by the International Group, in consultation with the Parties, and shall serve a term of four years. The International Group, in consultation with the Parties, may decide on the renewal of the term of a Special Representative, or on the replacement of the Special Representative, prior to the expiration of his term. As the principal executive of the Multinational Presence, the Special Representative shall be based at the Multinational Presence headquarters in al-Haram al-Sharif/ Temple Mount (Compound) or nearby and shall be responsible for the direction and management of the Multinational Presence. For this purpose, the Special Representative is authorized to act on the behalf of the Multinational Presence, including through the employment of personnel, the contracting, acquisition and disposal of property and services, the institution of legal proceedings and any other reasonable action necessary and proper for the fulfillment of his/her responsibilities. As part of his functions, the Special Representative shall serve as the chairman of the Trilateral Committee, which shall also include both Partiesâ&#x20AC;&#x2122; respective members of the Israeli-Palestinian High Steering Committee. The Special Representative shall be responsible for convening the Trilateral Committee on a monthly basis, or more often, upon request of any of the members of the Trilateral Committee. The Special Representative shall be responsible, inter alia, for appointing, in consultation with the International Group and the Parties, the Commander and Deputy Commander of the Security and Conservation Unit (SCU). The Special Representative shall periodically update and report to the Parties and the International Group regarding the activities of the Multinational Presence and its fulfillment of its responsibilities under the Agreement. The Special Representative shall request those nations and organizations agreeable to the Parties to supply contingents of personnel and/or equipment to the SCU in accordance with the Participation Agreement. The Special Representative shall impress upon contributing nations and organizations the importance of continuity of service, and shall obtain their agreement not to withdraw their contingents without adequate prior notification to the Special Representative, as specified in the Participation Agreement.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

3. The Donors Group 1.

2.

3.

4. 5.

6.

7.

The Donors Group shall be comprised of all countries and organizations who have undertaken an obligation for financial, personnel, logistic or other support for the Multinational Presence for the next financial year. Members of the Donors Group shall receive periodic updates and reports from the Special Representative and the Secretariat regarding the activities of the Multinational Presence and its fulfillment of its responsibilities under the Agreement, as well as the use made of their contributions. Once a year, the members of the Donors Group shall be invited to participate in the Plenary, in which the Special Representative will present and discuss the Multinational Presences compliance with its work-plan and budget for the current financial year and its proposed work-plan and budget for the next financial year. All financial contributions to the Multinational Presence shall conform to the financial year adopted by the Multinational Presence for its operations. All obligations for personnel and logistic support shall be for periods which shall be of sufficient length so as to enable the Multinational Presence to integrate them into its operation with a minimum of turnaround. The Special Representative shall develop criteria, conditions and requirements for financial, personnel and logistic support for the Multinational Presence. The Multinational Presence and the Special Representative shall serve as the primary mechanism for discussion and dialogue between a donor country or organization and one or both of the Parties, in relation to the Multinational Presence.

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The Geneva Initiative

204

4. The Security and Conservation Unit (SCU) General 1.

2.

3. 4.

5.

6.

7. 8.

The Multinational Presence will establish a Security and Conservation Unit (SCU), to guarantee security in al-Haram al-Sharif/ Temple Mount (Compound) and its conservation, act as a deterrent, and oversee the implementation of the relevant provisions of the Agreement. The SCU shall be deployed adjacent to al-Haram al-Sharif/ Temple Mount (Compound) and its Headquarters shall be established at an agreed upon location there. The SCU will use the IVG Secretariat and Support Unit, and will get logistic assistance necessary from the IVG and the PU in order to fulfill its duties. The Commander and Deputy Commander of the SCU shall be appointed by and shall report to the Special Representative. The Commander and Deputy Commander of the SCU shall be from different countries/nationalities. The Commander of the SCU shall be a former or current police officer holding the rank equivalent of Major General or above. The Deputy Commander of the SCU shall be a former or current police officer holding the rank equivalent of Brigadier General or above. Both the Commander and Deputy Commander of the SCU shall serve for a minimum term of two years. In order to ensure maximum continuity, the Special Representative shall make best efforts not to replace both the Commander and Deputy Commander during the same year. The SCU shall consist of a Headquarters, a Security Component (SC), and a Compound Observer Unit (COU). All members of the SCU, including the SC and the COU, shall be under the full command authority of the Commander of the SCU, who shall promulgate the SCUâ&#x20AC;&#x2122;s Standing Operating Procedures. The Commander of the SCU shall establish a chain of command incorporating the commanders of contingents made available to the SCU through national or organizational contributions.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

9.

10. 11.

12. 13. 14. 15.

16.

The Commander of the SCU shall have a general responsibility for the good order of the SCU and all its members. The Commander of the SCU shall, in coordination with the Special Representative, develop procedures for the coordination of disciplinary measures between the SCU and the contributing countries and/or organizations. Other than the SC, the other elements of the SCU shall be unarmed. The Commander of the SCU shall establish a Compound Coordination Committee (CCC). The CCC shall be comprised of the Commander or Deputy Commander of the SCU, and appropriate representatives of the Parties. The CCC shall serve as the primary forum for coordination and liaison between the Parties and the SCU. The CCC shall also include a Subcommittee for Intelligence Cooperation (SIC) that will work closely with the PU. The SCU shall establish a Joint SCU-Palestine Operations Center (JOC), at SCU Headquarters. While fulfilling its mandate, as detailed above, the SCU is bound to preserve, and refrain from disrupting, the daily life and historic character of the Old City and al-Haram al-Sharif/ Temple Mount (Compound). Accordingly, the SCU shall be guided by a policy of restraint in all of its activities. The SCU shall maintain and operate a Joint Situation Room (JSR) in the Old City, which shall include members of both Parties. The JSR shall serve as a joint command center for emergency, crisis and cooperative situations and operations in al-Haram al-Sharif/ Temple Mount (Compound).

SCU Headquarters 17.

The SCU Headquarters will be organized to fulfill its duties in accordance with the Agreement and this Annex. It shall be manned by staff-trained officers of appropriate rank, provided by troop-contributing countries and organizations. Its organization will be determined by the Commander of the SCU, who will assign staff positions on an equitable national/organizational basis.

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The Geneva Initiative

The Security Component 18.

19. 20. 21.

22.

The SC shall be responsible for the following: a. Security of citizens and tourists. b. Keeping the conservation of al-Haram al-Sharif/ Temple Mount (Compound). c. Assisting the Palestinian police forces in al-Haram al-Sharif/ Temple Mount (Compound) to perform its duties, in agreed-upon activities. d. Serving as a mechanism for defusing localized tensions and resolving local disputes in al-Haram al-Sharif/ Temple Mount (Compound). The SC shall consist of up to 150 police officers. The SC headquarters will be located at an agreed upon location in the Compound or at an adjacent area. The SC may be equipped with concealed weapons for self defense purposes. Apart from the above, the SC may not deploy, use or maintain firearms. The Rules of Engagement of the SC shall be developed by the Commander of the SCU, together with the Special Representative and the Parties. Members of the SC shall be chosen by the Commander of the SCU, from nationalities agreed to by the Parties and the Special Representative. All members of the SC must meet the following conditions: a. At least 10 years professional experience in police duties. b. Full fluency in English. At least 40% should be also fluent in Arabic and 10% should be fluent in Hebrew. c. Graduation from the Multinational Presence Pre-Deployment Course, to be developed by the Special Representative.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

The Compound Observer Unit (COU) 23.

24. 25. 26.

The COU shall be responsible for the following: a. Monitoring and verifying the implementation of the agreement. b. Monitoring the Palestinian Security forces and their conduct within the al-Haram al-Sharif/ Temple Mount (Compound). c. Assuring that no digging, excavation, or construction is done on or beneath the Compound, unless approved by the two Parties. d. Assuring that regular maintenance and emergency repairs on the Compound shall not contradict the agreement between the Parties. e. Enabling religious worship or decorum on the site and assuring that visitors shall be allowed access to the site as long as it does not interfere with religious practices as defined by the Waqf. The COU will consist 12 civilian observers, including members of UNESCO. The COU may operate fixed observation posts inside al-Haram al-Sharif/ Temple Mount (Compound). Members of the COU shall be chosen by the Commander of the SCU, from nationalities agreed to by the Parties and the Special Representative. All members of the COU must meet the following conditions: a. At least 10 years professional experience with diplomatic, cultural heritage or equivalent experience. b. Full fluency in English. At least 40% should be also fluent in Arabic. c. Graduation from the Multinational Presence Pre-Deployment Course, to be developed by the Special Representative.

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The Geneva Initiative

5. The Dispute Settlement Mechanism 1.

2. 3.

4.

5.

6.

7.

The Parties shall strive to resolve all disputes relating to the interpretation or application of the Agreement through negotiations and with help – if needed – of professional international organizations, bodies and experts. The High Steering Committee shall serve as the highest forum for the resolution of disputes between the Parties. If a dispute is not settled promptly through negotiations, including by the High Steering Committee, either Party may submit the dispute to mediation and conciliation by sending a formal request to the Special Representative (the “Multinational Presence Dispute Resolution Request”). Upon receipt of the Dispute Resolution Request, the Special Representative shall immediately enter into discussions with the Parties in order to ascertain the facts of the dispute and to prepare a recommendation to the Parties concerning the mediation and conciliation mechanism appropriate for the specific dispute and on the identity of the recommended mediator/ conciliator. The Parties will decide on the mechanism of mediation and conciliation to be adopted, as well as on the identity of the mediator or conciliator, whilst giving high consideration to the recommendations of the Special Representative in this regard. In the event that the Parties agree that they are unable to resolve the dispute within 14 days through the Multinational Presence mediation and conciliation mechanism adopted under this Article, either Party may refer the dispute to additional dispute resolution mechanisms, under Articles 16(4) of the Agreement. Upon the conclusion of a Multinational Presence dispute resolution process, the Special Representative shall prepare for the Parties a report, detailing the background of the dispute and the results of the Multinational Presence dispute resolution process. The Secretariat shall maintain an archive of all such dispute resolution reports.


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

6. Identification 1. 2.

The Multinational Presence will have an emblem as coordinated with the Parties. Multinational Presence personnel will carry a Multinational Presence identification card, in English, Arabic and Hebrew, to be issued by the Multinational Presence, in accordance with modalities to be developed by the Special Representative with the Parties.

7. Training and Orientation 1.

The Multinational Presence shall develop detailed training and orientation courses and materials for the various elements of the Multinational Presence, including those courses detailed above, to ensure that all Multinational Presence personnel commence their activities in the region with a good understanding of the realities and sensitivities of the situation and their role and position therein.

209


The Geneva Initiative

210

Organization Chart Multinational Presence (Compound) Implementation and Verification Group (IVG) (Acc 3)

establish

PARTIES

assists (secretariat, support, logistics)

Plenary (Ann. IVG 4.g) discusses IVG work, plan and budget

Joint SCU-Palstine Operations Center (JOC) (Ann. MP 4.14)

Joint Situation Room (JSR) (Ann. MP 4.16)

Compound Coordination Committee (CCC) (Ann. MP 4.11)

Multinational Presence (MP) (Acc. 6.5)

Donors Group (Ann. MP 3)

Sub-Committee for Intelligence Coopreration (SIC) (Ann. MP 4.13)

Special Representative (Ann. MP 2)

Security and Conservation Unit Commander appointed by Special Representative in consultation with parties (Ann. MP 4)

Security Component (SC)

Compound Observer Unit (COU)

(Ann. MP 4.18)

(Ann. MP.4.23) 12 civil observers


The Multinational Presence in Al-Haram al-Sharif / Temple Mount Compound

211

send delegates

send delegates

Dispute Settlement Mechanism (Ann. MP. 6)

refers disputes if not resolved by MP Settlement Mechanism

appoints in consultation with parties International Group

IVG, members of OIC and additional countries (Acc. 6.5.i.a)

IL-Pal High Steering Committee

convenes

(Ann. MP 5.a)

Trilateral Committee MP Special Representative/ Israeli-Palestinian High Steering Committee (Ann. MP 1.5.a)

Trilateral MP Dispute Settlement Mechanism MP Special Representative in discussion with Parties (Ann. MP 6 )

consultation parties submit disputes if not resolved by parties or High Steering Committee


07

Refugees Refugeehood Fund

ǩ Permanent Residence and Citizenship ǩ Rehabilitation and Development ǩ Compensation for Refugeehood ǩ Compensation for Loss of Property ǩ Sources of Financing ǩ Finality of Claims


214

The Geneva Initiative

The solution to the refugee problem, presented in chapter 7 of the Geneva Accord, is agreed upon by both sides. Work on elaborating some of the technical aspects relating to this solution has begun but remains to be concluded. One preliminary draft detailing the structure and compensation mechanism of the Refugeehood Fund prepared by independent experts has come to our attention, and is available online. The Swiss Foreign Ministry has posted this document on its website: www.eda.admin.ch The URL is: http://www.eda.admin.ch/etc/medialib/ downloads/edazen/dfa/orgcha.Par.0085.File.tmp/refugees_annex-16_2_09b.pdf A joint team of experts from both sides will continue their work and it is our hope that a full and agreed upon annex will be published in the near future.


08

Designated Roads

ǩ Background and Objectives

ǩ Control Rooms

ǩ Sovereignty

ǩ Security

ǩ Joint Investment

ǩ Jurisdiction

ǩ Palestinian Vehicle Traffic

ǩ Medical Treatment

ǩ Israeli Vehicle Traffic

ǩ Insurance

ǩ The Multinational Force


216

The Geneva Initiative

1. Background and Objectives 1.

2.

Pursuant to Section 9 of the Geneva Accord, within the framework of the permanent agreement, Israeli civilians shall be able to cross between one part of Israeli territory and another part of Israeli territory through territories in the State of Palestine: Road 443; Road 90 the section between Ein Gedi and Beit She’an; and Road 1 the section between Jerusalem and Beit Arava junction (hereinafter: “the designated roads”) – without the need for regular procedures required for crossing the border between the countries. The objective of this annex is to determine principles and procedures for the use of these roads.

2. Sovereignty The State of Palestine shall have full sovereignty over the designated roads, and the Palestinian law shall apply to them.


Designated Roads

3. Joint Investment Israel and Palestine shall jointly invest in order to maintain and develop the roads.

4. Palestinian Vehicle Traffic on the Designated Roads 1. 2.

The law for Palestinian vehicle traffic on the designated roads shall be as the law on any other road in the State of Palestine. A driver of a Palestinian vehicle driving on a designated road shall not enter the State of Israel unless through regular border crossing points and according to procedures of each border crossing point.

217


218

The Geneva Initiative

5. Israeli Vehicle Traffic on the Designated Roads 1.

2.

3.

4.

5.

Close to each of the junctions designated for entrance and exit of Israeli vehicles to and from the designated roads an Israeli control station shall be erected (hereinafter: â&#x20AC;&#x153;the control stationâ&#x20AC;?) on the Israeli territory. A driver of an Israeli vehicle shall not begin his journey on the designated road before stopping at the control station, where identification and registration of the passengers shall take place, and a tracking device shall be installed on the vehicle; the driver of a vehicle with a permanent tracking device shall stop at the control station for identification and registration of the passengers only. At the conclusion of the journey on the designated road the driver shall stop at a similar control station in order to enable the authorized bodies to ensure that all the passengers who were registered at the time of entrance to the road are present in the vehicle, and in order to return the tracking device, if he received one. A driver of an Israeli vehicle traveling on a designated road shall not enter the State of Palestine outside of the areas of the designated road, unless it is via an organized transfer designated for this purpose, and according to the regulations determined at this crossing point. A driver of an Israel vehicle traveling on a designated road may stop the vehicle only in the case of emergency or at a rest area along Road 90.


Designated Roads

6. The Multinational Force 1.

2.

The multinational force which shall be established pursuant to the instructions of Section 5(f) to the Geneva Accord shall carry out regular patrols on the designated roads, so that at all times there shall be at least two patrol cars of the multinational force on each of the designated roads. Representatives of the multinational force patrolling the designated roads shall assist the Parties to fulfill their roles according to this annex, inasmuch as it is required by the Parties or according to the instructions hereinafter, and on the condition that this assistance shall not exceed the mandate awarded to them.

219


220

The Geneva Initiative

7. Control Rooms 1. 2. 3.

4.

5.

Israeli Control Rooms shall be on Israeli territory. Palestinian Control Rooms shall be on Palestinian territory. The Israeli control room shall track the Israeli vehicles during their journey on the designated roads, using the tracking devices installed in them. In case an Israeli driver deviates from the route and it appears that the vehicle is going to enter territory of the State of Palestine which is outside of the borders of the designated road, an immediate warning shall be sent to him from the Israeli control room. If after receipt of the warning the vehicle shall not return to the permitted route, the Israeli control room shall notify the Palestinian control room of the incident, and the latter shall activate Palestinian security forces which shall halt the vehicle and turn the driver to Israeli authorites to continue proceedings. The control rooms of the three sides shall upkeep a continual communication between them, and report to each other immediately on any exceptional incidents that come to their knowledge or that they handled, including: a. Suspicious Israeli vehicle located on a designated road. b. Deviation of vehicle from the route while traveling on the road. c. Road accident. d. Halting of an Israeli vehicle by the Palestinian security forces. Israeli, Palestinian and multinational representatives of the control rooms shall meet with each other when necessary in order to discuss past and future events and to exchange information.


Designated Roads

8. Security 1.

2.

3.

4.

5.

The Palestinian government and the security forces operating on its behalf shall bear the full security responsibility for what occurs on the designated roads. In the case of the occurrence of a security incident on the designated road, the Palestinian security forces shall immediately go to the location and take the necessary action. If an Israeli citizen is involved, the multinational force shall also go to the location of the incident whereby it shall be its role to supervise and coordinate between the Israeli and Palestinian sides. An Israeli citizen who is not a member of the security forces shall not be permitted on the designated road with weapons or ammunition in his possession. The Parties to the agreement shall formulate emergency procedures together according to which they shall operate in the case of a security incident whenever an Israeli citizen is involved on the designated road. Both the Israeli security forces and the Palestinian security forces, shall take steps to prevent smuggling of goods from and to their territories via the designated roads, including collection and exchange of information and random checking of contents of vehicles or in the case of suspicion.

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222

The Geneva Initiative

9. Jurisdiction 1.

2.

The Israeli courts shall be the exclusive judicial authority for criminal proceedings taken against an Israeli civilian for crimes committed during the use of a designated road. Penalties collected for minor traffic violations in Israeli court will be transferred to the Palestinian Authority. The State of Israel shall report to the Palestinian authorities regarding the progress of the proceedings and the results of any criminal proceeding being conducted against an Israeli citizen for a crime committed during use of the designated road.


Designated Roads

10. Medical Treatment 1.

2.

3.

4.

5.

The Palestinian authorities shall be responsible for providing appropriate medical treatment for any individual needing such treatment while located on the designated road (hereinafter: “individual needing medical treatment”). In the case of need, and pursuant to the request of the authorized Palestinian entities or with their approval, an Israel rescue vehicle shall be sent to treat the individual needing medical treatment. In the event that there is need for evacuation of the injured individual via Israeli helicopter – the Parties shall determine between them where the helicopter shall land and how it shall be secured. An individual needing medical treatment shall be transferred by the rescue security forces that were called to the location to a Palestinian or Israeli hospital, according to their medical judgment; for a Palestinian rescue vehicle evacuating the injured to an Israeli hospital – entrance to Israeli territory shall be permitted after a quick inspection only. In case an individual needing medical treatment is an Israeli citizen, efforts shall be made to evacuate him using Israeli rescue forces to an Israeli hospital, and on the condition that this shall not cause any medical harm; an Israeli who is evacuated to a Palestinian hospital shall be transferred as soon as possible to an Israeli hospital. The multinational force shall be involved in any event of medical evacuation or medical treatment given to Israeli citizens on the designated road. The involvement of the multinational force shall not delay immediate medical treatment.

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224

The Geneva Initiative

11. Insurance An insurance certificate issued to an Israeli vehicle according to the Motorized Vehicle Insurance Order (New Version) 1970, shall also be valid on the designated roads, if the journey on the road was made only for the purpose of journey from one Israeli territory to another, as aforementioned in Section 1(a) to this annex. In case of an accident each driver or passenger will have to deal only with his own insurance company. Israel and Palestine will establish a joint committee that will establish rules and procedures for settling mutual damages claim among Israeli and Palestinian insurance companies.


Designated Roads

225

Map 1. Designated Roads

Israel

Dead Sea

Palestine

Border Designated Roads

Palestine

Israel Palestine


09

Border Crossing Points

''$ ?dikhWdY[ An insurance certificate issued to an Israeli vehicle according to the Motorized Vehicle Insurance Order (New Version) 1970, shall also be valid on the designated roads, if the journey on the road was made only for the purpose of journey from one Israeli territory to another, as aforementioned in Section 1(a) to this annex. In case of an accident each driver or passenger will have to deal only with his own insurance company. Israel and Palestine will establish a joint committee that will establish rules and procedures for settling mutual damages claim among Israeli and Palestinian insurance companies establish rules and procedures for settling mutual damage claims among Israeli and Palestinian insurance companies.

Border Crossing Points

227


228

1. 2. 3.

4.

5. 6.

7. 8. 9.

10.

11. 12.

The Geneva Initiative

The Crossing Points between Israel and Palestine shall be opened in both directions for Palestinians, Israelis, and nationals of other countries. Procedures for crossing shall be in accordance with the regulations in both countries. Both Parties shall recognize each otherâ&#x20AC;&#x2122;s passports, as well as the stamps and visas affixed on the passports of the other Party. The stamps on the passports shall include English and Hebrew/Arabic, as well as the date of the crossing, the name of the country which stamps the document, and the name of the Crossing Point. Two Crossing Points shall be opened 7 days a week, 24 hours a day, except for Yom Kippur and the first day of Al Hijrah calendar (the dates of these two holy days shall be communicated to the other side beforehand). One Crossing Point shall be in Jerusalem and one in Erez. Other Crossing Points shall be opened 5 days a week, Sunday to Thursday, from 06:00 to 20:00 hours. Each Party shall retain the right to refuse entry to a person, in accordance with its regulations. In this case, each Party undertakes to accept this person back into the country, without delay, according to international practices. Each Party shall apply its customs regulations. Each Party shall provide the passengers with the A.17 international immigration form of the other Party, before crossing. Direct links (telephonic, internet, e-mail and other) shall be established between the authorities of both sides of the Crossing Points, in order to provide solutions to any problem. The passport of any person crossing between Israel and Palestine (in both directions) should be valid for at least six months after the date of the crossing, in accordance with international practices. Each Party shall provide the other with a list of the countries whose citizens are exempted from visa requirements. These arrangements shall go into effect as from the next day of the exchange of the instruments of ratification of the agreement.


Border Crossing Points

13.

14. 15.

Within a period of up to 3 months from the date stated in paragraph 12 above, interim arrangements regulating passage of persons and vehicles through the Crossing Points and visa procedures shall be applied. Both Parties may shorten this period by mutual agreement. During the interim period mentioned in paragraph 13 above, visas to Israeli and Palestinian citizens shall be granted as agreed between the Parties. Teams of the two Parties shall monitor the implementation of this Annex.

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Water

In memory of Dr. Fadia Debes

ǩ Scope ǩ Definitions ǩ Just and Rightful Re-Division of Water ǩ Avoid the Causing of Significant Harm ǩ Flexibility in Water Allocations ǩ Joint Water Commission ǩ Establishment and Maintenance of a Database

ǩ Establishment of Central Water Pollution Control and Quality Assurance Agencies ǩ Regular Exchange of Data and Information ǩ Dispute Settlement ǩ The Jordan River and Dead Sea ǩ Future Plans and Programs


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Preamble

ǩ It is agreed that the mutual rights of Palestine and Israel in the shared water resources are recognized and respected. ǩ It is agreed that the Parties are entitled to just and fair entitlements of the shared water resources. ǩ With the aim of achieving a just and fair entitlement from the shared resources, the Parties agree to a rightful re-division of these resources. ǩ It is agreed that the rightful re-division of the shared water resources shall be assessed in the spirit of equitable sharing as outlined in international law and state legislation and practices to meet their needs. ǩ The Parties to this agreement are both aware of the harsh reality of the limitations in the total amount of good quality water in Israel and Palestine. These amounts will not be sufficient to meet the long-term needs of Israel and Palestine together. Both countries will have to devote considerable and urgent efforts to protecting, preserving and conserving existing water sources, reducing excess water use and waste and assuring investments to increase the total amount of water resources, particularly by sea and brackish water desalination, purified wastewater recycling and reuse, and hopefully in an era of regional peace, by other projects for the import of water from other neighboring countries. ǩ It is agreed and recognized that all water supply and development projects must be founded on a rational economic basis with adequate pricing.


Water

ÇŠ The Parties recognize the critical importance of their limited trans-boundary water resources and the need to enhance the rational use and conservation of the said resources on a long-term basis. They further recognize that increasing populations, as well as industrial and agricultural development, are placing much greater demands on water supplies, and that these demands call for adequate water management responses by both Parties. ÇŠ This agreement shall require certain changes and modification in Palestinian and Israeli laws and regulations as appropriate, and the Parties to the agreement shall assure that those changes and modification shall be carried out by the appropriate legal procedures required in each country in a reasonable period of time after the signing of the agreement.

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1. Scope This agreement shall apply to: 1. The water resources defined as shared in this agreement are: the Western sub- aquifer of the Mountain Aquifer, the North Eastern/Harod/Beit-Shean sub-aquifer of the Mountain Aquifer, agreed upon portions of the Eastern sub-aquifer of the Mountain Aquifer, portions of the Coastal Aquifer opposite Gaza and the lower Jordan River including the Dead Sea, as defined in clause 3.6. 2. Other activities that have or are likely to have an impact upon such water or their systems; and 3. Measures for the protection, preservation and management of such water or their systems.


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2. Definitions 1.

Depletion The withdrawal of water from an aquifer at a rate faster than it is recharged, otherwise known as â&#x20AC;&#x153;miningâ&#x20AC;? the aquifer.

2.

Harm Damage or any detrimental consequence of a human activity such as, inter alia, (a) loss of life or personal injury; (b) loss or injury to property; (c) the costs of reasonable measures to prevent or minimize such loss or injury; (d) environmental harm, including the costs of reasonable measures to prevent or minimize such harm, and the costs of reasonable measures of reinstatement or restoration of the environment actually undertaken or to be undertaken. Under customary law, each of the Parties to this agreement has a duty to take all reasonable measures to prevent causing significant harm to the other Party, including pollution or contamination of their water resources.

3.

Safe Yield The amount of naturally occurring renewable groundwater that can be economically and legally withdrawn from an aquifer on a sustained basis without impairing the native groundwater quality or creating an undesirable effect such as environmental damage. It cannot exceed the increase in recharge or leakage from adjacent strata plus the reduction in discharge, which is due to decline in head caused by pumping.

4.

Vital Human Needs According to international laws and norms.


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3. Just and Rightful Re-Division of Water 1. 2.

3.

4.

5.

It is agreed that the water rights of both Parties are mutually recognized and accepted. In this spirit Israel and Palestine agree on a just and rightful re-division of the shared water resources which would in effect reduce the share that Israel had used in the past and increase the Palestinian share. The goal of this just and rightful re-division of the shared water resources is to help meet the needs of the Palestinians and to help improve their quality of life. This rightful re-division shall take into consideration the spirit and principles of international law and of relevant factors and criteria, such as, among others: a. Geographic, hydrographic/hydrological, climate and ecological factors; b. The reasonable vital human needs of the Parties; c. The reasonable social and economic needs of the Parties and their socio-economic level, including the assurance that there shall be adequate pricing of water to promote rational use; d. The population dependent on the trans-boundary waters in each Party; e. Existing and potential uses of trans-boundary waters; f. Conservation, nature protection, and avoidance of unnecessary waste; g. The contribution to the formation and recharge of the aquifer or aquifer system; h. Technical and financial capabilities of each Party; i. Availability of alternative resources available to the Parties of comparative value; j. The practicability of compensation. It is noted that in the spirit of recent developments in international water law, in weighing all of the above factors, priority should be given to meeting vital human needs. In the application of the above the Parties shall enter into consultation in the spirit of cooperation. The just and rightful water re-division of good quality potable water to the Palestinians shall include: a. The wells, springs and infrastructure from the areas in Israel being transferred to Palestine in the land swap in the framework of the permanent status peace agreement.


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b.

6.

7.

8.

9.

10.

Additional amounts of water, from shared water resources including agreed upon portions of the Western sub-sections of the Mountain Aquifer, agreed upon portions of the Eastern sub section of the Mountain aquifer, agreed upon portions of the North Eastern/Harod/ Beit Shean sub-section of the Mountain Aquifer, agreed upon portions of the Coastal Aquifer opposite Gaza and agreed upon portions from the lower Jordan River. However, Palestinian water rights from the above and on the Jordan River shall be limited as defined below. The total amount of quality water resulting from the re-division under this agreement which shall become available to the Palestinians shall reach a total of ______*______MCM/Yr, of which: a. ____ MCM/yr from sub-sections of the Mountain Aquifer; b. ____ MCM/yr from portions of the Coastal Aquifer opposite Gaza; c. ____ MCM/yr from the lower Jordan River. The total amount of quality water shall be based on the hydrological and climatic conditions existing in the year of the signing of the agreement which shall serve as the base year. It is understood that this re-division of the waters from the shared resources shall result in an equivalent reduction by Israel in the utilization of water from the shared resources. In order to allow Israel sufficient time to reorganize its internal water allocations as a result of the diminished supply resulting from the re-division of water, Israel shall reallocate the water to the Palestinians in three stages: 50% of the agreed upon amounts with the signing of this agreement, and the additional amounts in two additional stages within a period of no longer than five years after signing the agreement. The additional amounts of water shall be made available to the Palestinians as follows: The Palestinians shall be able to increase the pumping of existing wells and springs as agreed upon in this agreement or dig new wells as agreed upon and approved in the agreed upon areas in Palestine, which will pump the agreed amounts of additional water. The areas and the wells and springs and the amount of extraction agreed upon from each water source shall be clearly defined by the Parties.


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12.

The Geneva Initiative

Israel shall likewise reduce its pumping of the same aquifers and water sources on its side of the border by the agreed upon amounts. Pumping rates from all wells, springs and rivers on both sides shall be recorded and shared by both Parties to verify conformity with the agreements. There shall be agreed upon joint inspections of the pumping rates of the wells. If there are any purchases of water or wastewater between the Parties, they shall be done at the legitimate cost price. All water shall be supplied at real costs including opportunity costs.


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4. Avoid the Causing of Significant Harm 1.

2.

Both Parties shall take all appropriate measures to avoid the cause of significant harm to the other Party as a result of water utilization or development. Where significant harm is caused to one of the Parties, the Party responsible for causing the harm shall take all appropriate measures to eliminate or mitigate such harm, and where appropriate to discuss the question of compensation.


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5. Flexibility in Water Allocations It is realized that, for hydrological and climate reasons, there is great variability from year to year in the availability of water resources in the area. It is agreed that the quantitative amounts of annual reallocated water specified in this agreement shall be based on the average safe yield of the specified base year of this agreement and the rainfall and recharge rates of that year. In case of reduced or increased rainfall and water yields, the possibility of a reallocation or re-division of water shall be considered and adjusted accordingly by the Joint Water Commission.


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6. Joint Water Commission 1.

2.

3.

A Joint Water Commission (JWC) shall be established under this agreement and developed in stages. The first stage shall be an agreed upon limited management body which assures the management of a high level of cooperation between Israel and Palestine, particularly on matters dealing with assuring the efficient and equitable management of the shared water resources to prevent over-utilization, to prevent and control pollution, to assure water quality, and to protect and conserve nature and environmental sustainability. After a period of five years the two Parties shall reevaluate the functions of the Joint Water Commission and issues pertaining to the joint water management, and shall consider proposals for improving, modifying and possibly developing its authority to a second, and more advanced stage. The JWC shall have seven members. Each Party shall appoint three members (for a total of six). These six members shall appoint by consensus a seventh member, who shall be a qualified water professional and shall act as a neutral chairman and be of another nationality. The chairman shall be appointed for a period of three years. The main functions of the Joint Water Committee in the first stage shall include: a. Re-adjusting the rightful re-division of water based on significant changes in hydrological and climatologic conditions in deviation from those of the base year. b. Monitoring and Inspection of Water Withdrawals from Shared Water Resources. It is agreed that in order to assure and guarantee the fair division and agreed upon utilization of the shared water resources and to prevent unregulated over-utilization of the water resources, both Parties agree to a detailed, strict and enforceable regime of determining, approving and recording the allowable pumping rates from every well, spring and other water source with regular detailed monitoring shared by both Parties. There shall be an agreed upon mode of joint inspections to validate the correctness and reliability of such monitoring and to detect unauthorized water extractions including making aerial photos.


The Geneva Initiative

242

c.

4.

Monitoring and Inspection of Water Pollution Impinging on Shared Water Sources. In order to assure protection and conservation of the shared water resources of the Parties, there shall be agreed upon mode of joint inspections of all possible pollution sources which may impact on shared water sources. d. Monitoring and Inspection of the Quality of Water from Shared Water Sources. In order to assure and verify the quality of the water supplies of the shared water resources of the Parties and to assure early warning of impending water quality degradation and health threats, there shall be an agreed upon mode of joint inspections. e. Harmonizing Standards and Guidelines for the Treatment Disposal and Control of Liquid and Solid wastes from Domestic/Industrial and Agricultural Sources, including wastewater recycling and reuse. f. Writing Regular Reports. The Joint Water Committee shall, on a quarterly basis, conduct a review of the water quality and quantity control measures taken within each Partyâ&#x20AC;&#x2122;s territory affecting the trans-boundary water and issue regular reports. g. Preparing Emergency Plans. The JWC shall develop appropriate plans and procedures for emergencies requiring joint action such as Drought Alerts, Drought Emergencies, Depletion Plans and Public Health Emergencies and promulgate the corresponding plans in accordance with the provisions of this Agreement. h. Establishing Technical Committees. The Joint Water Commission can consider, as deemed needed, the creation of Technical Committee/s either on a long term or an ad hoc basis. i. Establishing and Maintaining a Database as defined in clause 7. Functions which shall not be allocated to the Joint Water Commission are: a. The reallocation of water resources other than in cases resulting from changes in hydrological or climatologically conditions. If an agreed upon need arises to modify such allocations for other reasons, a special bi-lateral inter-governmental mechanism shall make such decisions with the mutual agreement of the governments of both Parties.


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243

b. c.

d.

The setting of water prices within the jurisdictions of the Parties to the agreement. The Joint Water Commission should not have any authority which conflicts with the existing laws and sovereignty of either country and existing peace agreements. The Joint Water Commission shall not deal with relations between the central governmental water authorities in each of the countries and the local or village water authorities.


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7. Establishment and Maintenance of the Database 1.

2.

3.

4.

5.

The Joint Water Commission shall be charged with the creation and maintenance of a comprehensive and unified database pertaining to transboundary ground-waters, in the languages of the Parties. The database shall include an inventory of all trans-boundary groundwater resources taking into account quantity, quality, aquifer geometry, recharge rates, interaction with surface waters, and other pertinent data. The database shall identify all trans-boundary aquifers. In order to assure the work of the database, at the request of the Joint Water Commission, the Parties shall: a. Install in their territory the required measuring equipment, and protect such equipment from interference. b. Permit and facilitate inspections by the Commission of such equipment. The Parties shall undertake to facilitate the acquisition of information and data by the Joint Water Commission on a timely basis in accordance with the Joint Committeeâ&#x20AC;&#x2122;s requirements. The Joint Water Commission shall compile, analyze, and disseminate the data, information and studies, and provide the results to their respective governments. Access to the database shall be assured to the two Parties and to all legitimate research personnel and agencies, local and international.


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8. Establishment of Central Water Pollution Control and Quality Assurance Agencies 1.

2.

Each Party to this agreement shall establish a Central Water Pollution Control and Water Quality Assurance Agency and shall legislate agreed upon guidelines and standards so that they be legally binding and enforceable in the territory of each Party (similar to the requirements of the European Union on environmental standards). Each Party to this agreement agrees to vigorously enforce these guidelines and standards within their territory, with an appropriate water pollution control organization, with adequate budget and with due diligence. The Parties to this agreement are aware of the need to urgently initiate investments in wastewater treatment and wastewater recycling and reuse to control and minimize serious pollution of the shared ground-waters that are utilized by both nations. Both are committed to work in cooperation on all pollution control and prevention matters on the shared aquifers ,particularly in cases of environmental emergencies and pollution threats, to protect the health and welfare of both nations.


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9. Regular Exchange of Data and Information 1.

2.

3.

4.

Both Parties shall, on a regular basis, exchange readily available data and information on the condition of their transboundary waters or water systems, in particular of a geological, hydrogeological, hydrological, meteorological and ecological nature and related to the hydrochemistry of the aquifers or aquifer systems, as well as related forecasts. Where knowledge about the nature and extent of a transboundary water or their systems is inadequate, the Party concerned shall employ its best efforts to collect and generate more complete data and information relating to such water or water system, taking into account current practices and standards. They shall take such action individually or jointly and, where appropriate, together with or through international organizations. If one Party is requested by the other Party to provide data and information relating to an aquifer or aquifer system that is not readily available, it shall employ its best efforts to comply with the request. The requested Party may condition its compliance upon payment by the requesting Party of the reasonable costs of collecting and, where appropriate, processing such data or information. The Parties shall, where appropriate, employ their best efforts to collect and process data and information in a manner that facilitates their utilization by the otheraquifer states to which such data and information are communicated.


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10. Dispute Settlement 1.

2.

3.

In the event of a dispute between the Parties concerning the interpretation or application of the present Article, the Parties shall, in the absence of an applicable agreement between them, seek a settlement of the dispute by peaceful means. If the Parties cannot reach agreement by negotiation requested by one of them, they shall jointly seek the good offices of, or request mediation or conciliation by, a third Party, or make use, as appropriate, of any joint watercourse institutions that may have been established by them or agree to submit the dispute to arbitration. If no resolution of the dispute is reached by the above voluntary procedures it is agreed that the Parties must then submit their dispute for final adjudication and resolution to compulsory arbitration whose ruling shall be binding and obligate the Parties.


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The Geneva Initiative

11. The Geneva Accord Map of Borders and the Jordan River and Dead Sea This water article assumes that the agreed upon final borders are those outlined in the Geneva Accord Maps. Thus, the Palestinians have legitimate riparian rights on those areas of the Lower Jordan River and the Dead Sea contiguous with their territories. However, the quantity of water to be decided on for the re-division will include defined and specific annual quantities of water from the Mountain aquifer, surface sources and from the lower Jordan River.


Water

12. Future Plans and Programs In the future, the two Parties shall consider the possibility of developing plans to declare Trans-boundary Groundwater Conservation Areas , allowing the two Parties to work together on both sides of specially defined border areas to promote conservation and pollution prevention. This may require changing appropriate laws of the Parties.

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11

Environment

ǩ The Joint Environment Commission ǩ Air Pollution Control ǩ Waste Reduction, Reuse, Recycling and Coordinated Waste Management ǩ Management and Transport of Hazardous Substances and Wastes ǩ Coordination of Pesticide and Pest Control Policies ǩ Biodiversity and Nature Protection

ǩ Establishment and Management of Transboundary Protected Areas ǩ Aquatic Ecosystems ǩ Combating Desertification ǩ Scientific Research for Cooperation ǩ Financial Resources ǩ List of Protected Species ǩ Sensitive Ecological Corridors ǩ Transboundary Preservation Areas


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Fh[WcXb[

The governments of the State of Israel and the Palestinian National Authority (hereinafter referred to as “the Parties”)

ǩ Reaffirming the Parties’ commitments to cooperation in environmental protection and coordinated environmental management; ǩ Acknowledging that the area between the Jordan River and the Mediterranean Sea constitutes a single ecological unit whose protection requires coordinated policies and enforcement efforts; ǩ Cognizant of the pernicious impact on human health and local ecosystems which are caused by present polluting practices in each Party and the absence of a shared effective, cooperative environmental strategy to reduce these risks; ǩ Convinced that transboundary pollution can cause significant harm to natural resources of vital environmental, cultural and economic importance, and to human health in both countries; ǩ Desiring the intensification of efforts to address common environmental problems, prevent land degradation, preserve biodiversity, open spaces and the rich historic landscape and local heritage sites as well as plan for a sustainable future in the area; ǩ Confirming the Parties determination to restore and enhance environmental quality in the region through domestic and regional programs that pursue pollution prevention and sustainable development;


Environment

ǩ Reaffirming the Parties intent to prevent further pollution of their respective countries owing to unsustainable population growth, production, consumption, resource development and increasing use of water; ǩ Having developed and implemented incipient cooperative programs and measures to achieve such purpose and objectives which need to be upgraded and expanded; ǩ Taking Note of the important role that Non-Government Organizations (NGOs) have played in promoting environmental cooperation between the two Parties in the past and the important potential contribution of civil society to future harmonization and enforcement of environmental efforts; ǩ Aware that further research and program development is now required to enable effective actions to be taken to abate the continuing contamination of the area’s water, air and land; ǩ Determined to improve management processes for achieving Agreement objectives and to demonstrate firm leadership in the implementation of control measures; ǩ Recognizing that their planning strategies must be based on the “precautionary principle” and tenets of sustainable development; ǩ Mindful that their coordinated enforcement strategy must be based on the “polluter pays principle”;

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The Geneva Initiative

ǩ Committed to attaining environmental standards commensurate with those existing in the European Union or those of the World Health Organization and the U.S. EPA, as relevant to the region; ǩ Recognizing the common but differentiated responsibilities that each Party has due to the prevailing, asymmetrical, economic conditions and the need for the Palestinian economy to be given time to gradually phase-in a variety of environmental standards and regulations;

ǩ Mindful that progress in transboundary environmental quality will not be satisfactory without the creation of common frameworks for encouraging compliance and the establishment of joint enforcement mechanisms; ǩ Confident that participation by international representatives in the implementation phase of this agreement will be valuable in order to avert disagreement, politicization and paralysis in the transboundary management of natural resources and execution of environmental policies; and

ǩ Concluding that the best means to preserve the environment in the two countries is by adopting common objectives and standards along with the development and implementation of a coordinated regulatory program as well as assigning special responsibilities and functions in transboundary environmental management to a Joint Israeli-Palestinian Environmental Quality Commission.

Have agreed as follows:


Environment

7hj_Yb[i '$ :[Ód_j_edi As used in this Agreement: A. B.

C.

D.

E. F.

G.

H.

“ Agreement” means the present Agreement as distinguished from any previous accords between the Parties; “Air pollution” means the introduction by man, directly or indirectly, of substances into the air resulting in deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment, and “air pollutants” shall be construed accordingly; “Ambient Air Quality Standards” mean levels of air quality believed adequate, with an appropriate margin of safety, to protect the public health; “Ambient Water Quality Standards” mean the level of water quality believed adequate, with an appropriate margin of safety, to preserve the integrity of indigenous, aquatic, ecological systems and protect human health; “Appendix” means any of the Appendixes to this Agreement, each of which is attached to and forms an integral part of this Agreement; “Banned pesticide” means a pesticide for which all uses have been prohibited by final regulatory action, in order to protect human health or the environment. The term includes a pesticide that has been refused approval for first-time use, or has been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment; “Best available technology not entailing excessive cost” (BATNEEC) means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole. “Biodiversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;

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I.

J.

K. L. M.

N.

O. P.

The Geneva Initiative

“Biospheres” means areas of terrestrial and coastal ecosystem in which solutions are promoted to reconcile the conservation of biodiversity and its sustainable use. Biosphere reserves are organized into three zones: the core area, the buffer zone and the transition area. Only the core area requires its legal protection; “The Commission” or “Joint Environmental Quality Commission” means the Joint Israeli-Palestinian Environmental Quality Commission as described in Article 3 of this Agreement; “Country of export” means the Party from which the transboundary movement of hazardous waste or hazardous substances is to be initiated; “Country of Import” means the Party to which transboundary movement of hazardous waste or hazardous substances is to be sent; “Cultural heritage” means monuments (architectural works, works of monumental culpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding regional or universal value or national significance from the point of view of history, art or science), groups of buildings (groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science) and sites (works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view); “Desertification” means land degradation in arid, semi-arid and dry subhumid areas resulting from various factors, including climatic variations and human activities; “Discharge” as used in Articles 12, 14, and 16 means the direct or indirect addition of any pollutant or pollutants into a water body; “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any liquid, solid waste or hazardous waste into or on any land or water so that such liquid, solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.


Environment

Q.

R. S. T.

U.

V.

W.

X.

Y.

Z.

“Effluent Limitations” means standards or specifications placed by regulatory agencies on the quantity and quality of the effluent leaving each major point source; “Emission” means the discharge of substances due to combustion from a plant or a vehicle into the air; “Environment” means natural things which form the physical and biological conditions surrounding man and man-made things; “Environmental Quality” means the balance between preserving nature (including flora, fauna, natural resources, ecosystems, etc.) and allowing sustainable development that meets the needs of humans to develop, while living in a healthy world; “Facility” means any building, structure, installation, equipment, pipe, or pipeline, well, pit, pond, lagoon, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft; “General Objectives” are broad descriptions of air and water quality conditions consistent with the protection of the beneficial uses and the level of environmental quality which the Parties desire to secure and which will provide overall environmental management guidance; “Hazardous air pollutant” means a pollutant to which no ambient air quality standard is applicable and that may cause or contribute to an increase in mortality or in serious illness; “Hazardous substance” means substances or group of substances that are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern or materials that are banned or severely restricted under Israeli or Palestinian laws and regulations; “Hazardous wastes” means wastes that meet the categories defined under Appendix III and contain the constituents listed in Appendix II of the “Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal”. Radioactive waste, however, will not be considered hazardous wastes under this Agreement; “Integrated pest management (IPM)” means the careful consideration of all the available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep

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pesticides and other interventions to levels that are economically justified and reduce or minimize risks to human health and the environment. IPM emphasizes the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms; AA. “Landfill” means a waste disposal site for the deposit of the waste onto or into land including internal waste disposal sites and a permanent site which is used for temporary storage of waste, but excluding facilities where waste is unloaded to permit its preparation for further transport for recovery, treatment or disposal elsewhere, storage of waste prior to recovery or treatment for a period of less than three years, or storage of waste prior to disposal for a period less than one year. AB. “Major stationary sources” means a stationary facility or source of air pollutants that emits, or has the potential to emit, 10 tons/year or greater of volatile organic compounds (VOC), 25 tons/year or greater of NOx, 100 tons/ year or greater of CO SO2 or PM10, or 10 tons/year of any individual Hazardous Air Pollutant; AC. “Maximum achievable control technology” (MACT) means the maximum degree of reduction in hazardous air pollution emissions that is achievable taking into consideration the cost of achieving the emissions reductions, any non-airquality health and environmental impacts, and energy requirements. MACT require affected sources to meet specific emissions limits that are based on the emissions levels already achieved by the best-performing similar facilities; AD. “Mobile Source” includes both any self-propelled vehicle designed for transporting persons or property on a street or highway. The term also includes non-road vehicles such as ships, airplanes, off-road vehicles, agricultural and construction equipment; AE. “Natural heritage” means natural features (consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view), geological and physiographical formations (and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation) and natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty;


Environment

AF.

“Nature reserves” means areas of publicly owned land, in which human intervention and construction is prohibited, managed primarily for nature conservation and providing multiple benefits and uses, such as recreation and water catchments; AG. “Natural resources” means materials that occur in nature and are essential or useful to humans, such as water, air, land, forests, fish and wildlife, topsoil, and minerals; AH. “Nature Conservation” means the conservation of nature, protection of species, ecosystems and habitats, and also the maintenance of natural ecological processes; AI. “NGOs” means Non Governmental Organizations; AJ. “Nonpoint Source” means diffuse discharges caused by precipitation moving over the ground carrying pollutants into water bodies, including agricultural and urban runoff; AK. “Open spaces” means non-developed lands or lands under limited development, separating or surrounding areas of residential, commercial, or industrial use and devoted to nature conservation, recreation or park uses; AL. “Parties” or “the Parties” means the Israeli and Palestinian governments; AM. “Pesticide” means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human or animal disease, unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs, or substances which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies; AN. “Point Source” means any discernible, confined and discrete conveyance from which pollutants are, or may be, discharged including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture; AO. “Pollution” means contamination by pollutants of air, soil, or water; AP. “Recycling” means the recovery of waste into products, materials or substances whether for the original or other purposes or for energy recovery;

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AQ.

The Geneva Initiative

“Research” means development, interpretation and demonstration of advanced scientific knowledge for the resolution of issues but does not include monitoring of water or air quality; AR. “Reuse” means using the same product more than once for the same or different purposes; AS. “Severely restricted pesticide” means a pesticide for which virtually all use has been prohibited by final regulatory action in order to protect human health or the environment, but for which certain specific uses remain allowed; AT. “Stationary Sources” means a fixed-site source of pollution, mainly power plants and other facilities using industrial combustion processes; AU. “Sustainable Development” means development that meets the needs of the present without compromising the ability of future generations to meet their own needs; AV. “Trade secret” means a confidential process, method, plan, formula or other information unique to a manufacturer or other business, which gives it an advantage over competitors. Ambiguities between the confidentiality versus the public disclosure of information shall be resolved in favor of public disclosure; AW. “Transboundary air and water pollution” means air and water pollution whose physical origin is situated wholly or in part with the area under the jurisdiction of one Party and which has adverse effects, other than effects of a global mature, in the area under the jurisdiction of the other Party; AX. “Transboundary protected area” means an area of land and/or sea that straddles one or more borders between states, sub-national units such as provinces and regions, autonomous areas and/or areas beyond the limit of national sovereignty or jurisdiction, whose constituent parts are especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed cooperatively through legal or other effective means; AY. “Wastes” means substances or objects which are disposed of, are intended to be disposed of, or are required to be disposed of; AZ. “Water Pollution” means the introduction by man, directly or indirectly, of substances into surface or the ground water. “Water pollutants” shall be construed accordingly.


Environment

($ Fkhfei[WdZFh_dY_fb[ie\j^[7]h[[c[dj 1.

2.

3.

4.

5. 6.

7. 8. 9.

The purpose of the Parties in ratifying this Agreement is to establish, by this Agreement, a practical and effective instrument to address shared concerns regarding transboundary pollution and preservation of biodiversity, open spaces, natural resources and heritage sites in the two countries. The Agreement seeks to delineate the commitments of the Parties as well as to establish the necessary programs, standards, and procedures for ensuring harmonized and effective cooperative efforts to protect their common environment and ecological integrity. The Parties seek to attain the environmental standards and performance levels that are stated within the EU directives within three-years, unless otherwise stipulated in this Agreement. Previous agreements between the Parties have established an initial platform for future environmental cooperation. Yet, given their inextrictable ecological and environmental links, preserving a healthy and scenic environment will require far greater coordination, cooperation and mutual assistance between the Parties than in the past. Both parties acknowledge the centrality of the ecosystem services that traverse their borders for future human survival, and seek to preserve the ecological integrity of their shared environment. Both parties shall take all appropriate measures to prevent activities under their jurisdictions from causing trans-boundary impacts. The enmity and violence that for so long have characterized the Partiesâ&#x20AC;&#x2122; relations caused egregious ecological damage and exacerbated negative environmental trends. Both Parties acknowledge past responsibility for injuring the environment and see a peace agreement as an historic opportunity to not only change their relationship to each other, but to change their relationship to their shared land, water and natural resources. Both Parties, shall individually, or when appropriate, jointly take immediate actions to rehabilitate those resources that have sustained significant harm. In pursuing coordinated environmental policies, both Parties will be guided by the precautionary approach. Both Parties shall seek to harmonize their environmental objectives, standards and programs with those of the other Party in order to facilitate an integrated and effective coordinated effort to protect the environment.

261


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The Geneva Initiative

To minimize environmental damage and transboundary pollution, both Parties shall adopt, apply and ensure compliance with internationally recognized environmental standards and norms, in particular those that have been adopted by the European Union (EU).


Environment

)$ J^[@e_dj;dl_hedc[dj9ecc_ii_ed 1.

2.

3.

4.

5. 6.

7. 8. 9.

The Parties will establish and maintain a bilateral “Joint IsraeliPalestinian Environmental Quality Commission” (Commission) to facilitate implementation of this Agreement. The Commission shall in all respects have the status of an international body, and shall consist of an Israeli Section and a Palestinian Section. The head of each Section shall be a Commissioner with appropriate experience in environmental affairs and will serve as co-Chair of the Commission. The Commission shall be composed of thirteen members: five representing the Section of each Party and one representative each for the European Union, the United States, and the United Nations Environment Program. The members of each Section shall consist of a Commissioner, an environmental scientist, an environmental engineer, an ecologist or an expert in any of the fields covered by this agreement, as well as a legal adviser. Each section shall retain a secretary. The Commission shall adopt its own rules of procedure as well as rules for conducting activities such as inspections and hearings. The Commission may appoint expert subcommittees, as appropriate, that are to be staffed by individuals who are not members of the Commission and may be comprised of international experts. Each subcommittee will retain an equal number of Palestinian and Israeli members. Commission decisions shall be made by a majority of over sixty-five percent (e.g., by vote of at least nine of its thirteen members). The Commission or either of its two Sections may employ or consult with such assistants and expert advisers as it may deem necessary. The Commission’s responsibilities shall include: a. Reviewing progress made in the implementation of this Agreement, including its general and specific objectives; b. Ensuring the harmonization of standards between the Parties; c. Coordinating the activities between the Parties necessary for promotion of compliance, conducting of joint inspections and the taking of joint enforcement actions; d. Preparing and submitting to the Parties a progress report within a year after the entry into force of this Agreement and at least every two years thereafter;

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e.

10.

11.

12. 13.

14.

15.

Releasing each progress report to the public, including publication on the internet, after its submission to the Parties; f. Inviting comments and conducting public hearings as appropriate on joint environmental policies and their implementation; g. Ruling in cases of disagreement with regard to measures necessary to attain general and specific environmental objectives; and h. Making recommendations to the Parties regarding future elaboration or additional annexes that it sees as important to the improved implementation of this Agreement. Each Party shall accord diplomatic status to members of the Commission. Commission members shall be entitled to the privileges and immunities appertaining to diplomatic officers in the territory of the other country. The Commission and its personnel may freely carry out their observations, studies and field work in the territory of either Party pursuant to the acceptable rights and constraints accorded to diplomats. The Commission shall meet at least every month and additionally at the request of either Party. The Parties shall ensure adequate financing for implementation of this Agreement, and in particular for the successful operation of the Commission. Within 90 days of its establishment the Commission shall develop a workplan and identify prioity issues that require urgent attention and financing from donor sources. The workplan and priorty actions will be revised every 12 months thereafter following public consultation. The Commission shall, within four years after the date of entry into force of this Agreement, review its operation and effectiveness in the light of experience.


Environment

*$ 7_hFebbkj_ed9edjheb <ZcZgVa 1.

2.

3.

The Parties recognize the enormous health impact of air pollution on Palestinian and Israeli populations, and that many sources of air pollution are transboundary by nature. Accordingly, the common objective of the Parties is to control transboundary air pollution between the two countries. The Parties also recognize that vehicle emissions and electric power generation are major contributors of greenhouse gases whose emissions need to be reduced. To this end, the Parties shall: a. Adopt ambient air quality standards or regulations that are compatible with recognized international standards, such as the 2005 World Health Organization Air Quality Guidelines or ambient criteria promulgated pursuant to EU Framework Directive 96/62/EC. Ambient air quality standards shall be approved and promulgated within two years after the date of entry into force of this Agreement; b. Periodically review and revise, as necessary, ambient air quality standards and emission limits; c. Adopt the necessary programs and other measures to implement the objectives identified in this Article and to ensure control of transboundary air pollution; d. Monitor air quality and emissions taking place and compile emission inventories based upon criteria that are mutually acceptable to both Parties; and e. Work to harmonize their air quality standards and air pollution emission limits in accordance with their respective legal procedures.

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The Geneva Initiative

HiVi^dcVgnHdjgXZh 4.

5.

6.

The Parties shall establish emission standards for NOx, SO2, CO, ozone, and particulate matter for major stationary sources that reflect the degree of emission limitation achievable through the application of the best available technology not entailing excessive cost (BATNEEC). The Parties shall establish emission standards for hazardous air pollutants that reflect the degree of emission limitation achievable through the application of the maximum achievable control technology (MACT). The Parties shall consider the list of hazardous air pollutants in Section 112(b) of the U.S. Clean Air Act and similar legislation from other jurisdictions in determining which pollutants are hazardous air pollutants. Each Party shall list the emissions of each major stationary source located within its territory that has the potential to cause transboundary pollution, according to mutually agreed-upon units of measure. The inventories will include each sourceâ&#x20AC;&#x2122;s address and industrial classification. For each separate emission point in these major stationary sources, each Party shall list the emissions, latitude and longitude, emission point type, stack diameter, stack height, stack gas exit velocity, stack gas exit temperature, width, length, and height, where applicable. Following promulgation of emission limits identified in paragraph 4, each Party shall identify those major stationary sources within its territory that have the potential to cause transboundary pollution and that do not meet applicable air pollution emission limits. For all such sources, based upon site visits, inspections and estimates made by the sources themselves, the Parties shall: a. Identify the type and extent of pollution control equipment which would be required to bring each such source into conformity with applicable air pollution emission limits for each selected pollutant; b. Identify relatively simple and quickly initiated controls and/or changes in management practice to reduce air pollution from each such source; and c. Identify the approximate percentage of emissions reduction of each selected pollutant that would result from such controls and/or changes in management practice and adoption of BATNEEC.


Environment

7. 8.

9.

Each Party shall report to the Commission a timetable for completing, no later than 2013, the objectives in paragraph 4 of this Article. Recognizing that quarries pose a severe dust hazard and cause environmental damage, the Parties shall develop and implement a sustainable management strategy for quarries that includes immediate adoption of BATNEEC within one year after the date of entry into force of this Agreement. The management strategy shall be implemented within two years after the date of entry into force of this Agreement. The burning of garbage outside an approved incinerator will be prohibited by both Parties within one year after the date this Agreement enters into force.

BdW^aZHdjgXZh 10.

11. 12.

13.

Each Party shall continue to implement EU standards for fuel (EN 228 for petrol/gasoline and EN 590 for diesel) pursuant to EU Directive 98/70. In the event the European Commission strengthens its fuel standards, the Parties shall adopt the revised fuel standards within 1 year of their effective date in the European Union. Each Party shall prohibit the importation of fuel that does not meet the EU fuel standards referred to in paragraph 10. Each Party shall require that all new motor vehicles sold inside their country comply with the EuroV emission standards according to the timetable established by European Union directives. The Parties shall adopt regulations requiring that air emissions from new vehicles comply with these standards within one year after the date that this Agreement enters into force. Within two years of the entry into force of this Agreement, the Parties shall establish an inspection and maintenance program to assure that motor vehicle emission control systems are functioning properly. Emission tests shall be conducted on motor vehicles over three model years old. The testing program shall use procedures that effectively measure vehicle emissions by simulating actual driving conditions, and measure non-methane hydrocarbon, carbon monoxide (CO), nitric oxides (NOx), and particulate matter.

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268

The Geneva Initiative

6^gFjVa^inBdc^idg^c\ 14.

15.

16.

17.

18.

A joint air quality monitoring program shall be developed by the Commission to follow progress towards attaining ambient air quality standards. The program shall integrate existing monitoring programs and include meteorological stations in each country that shall monitor on a continuous basis: wind speed, wind direction, and temperature. The joint air quality monitoring program shall also include permanent, continuous air pollution monitoring stations, baseline data collection, and sample and quality assurance programs (including standard sampling and analytical methodology, inter-laboratory comparisons, and compatible data management) to allow assessment of the following pollutants: ozone or other photochemical oxidants, fine particulates (pm10 and/or pm 2.5), suspended particulates,sulfur dioxide, and any other pollutant designated by the Commission. The Parties shall require all major stationary sources of air pollution to monitor their emissions for each parameter or pollutant for which an emission standard applies and report monitoring results on a quarterly basis to their respective Environment Authority. The Parties will supplement emission reporting by major stationary sources with a program of inspection and oversight that will include spot-checks of stack emissions by government authorities. Information or data collected from air pollution monitoring stations or stack emission inspections, and any monitoring reports submitted to the respective Environment Authority by third parties, shall be made available to the public.

<gZZc]djhZ<VhGZYjXi^dc 19.

The Parties will seek to reduce their emissions of greenhouse gases and will cooperate to pursue joint initiatives involving energy conservation policies, shifts to decarbonized electricity, decarbonized fuels, carbon sequestration and methane controls through livestock and landfill management.


Environment

20.

21.

22.

23.

24. 25.

26. 27.

In the event that Israel becomes an Annex I country under the Kyoto Protocol and chooses to meet future greenhouse gas reduction targets under the Protocol through the clean development mechanism (CDM), it will give a preference to financing CDM projects in Palestine. The Parties will discourage the transport of goods using heavy vehicles through appropriate means, including taxes and traffic management. In particular, within two years after the date of entry into force of this Agreement, the Commission will prepare a report, in coordination with the Ministries of Transportation of the Parties considering the feasibility of a rail transport system (for passengers and goods) that would link the main urban centers of the two countries. The Commission shall prepare recommendations for the imposition of carbon taxes for stationary sources and for vehicles entering urban centers, or other economic instruments, to encourage greenhouse gas reductions. The Commission shall prepare recommendations for cooperative measures to adopt energy efficiency plans and to develop alternative energy sources. These measures will include Israel assisting Palestine in developing renewable energy technologies. The Commission will conduct a study of possible new cross-border power stations to provide electricity for the future. The Parties will attempt to coordinate their efforts to promote energy efficiency and development of renewable energy sources, including: retrofitting and reducing pollution from existing sources; cooperating in energy-technology research; researching and developing new crossborder power plants; creating a binational energy data base; instituting bilateral energy efficiency programs; and increasing program financing for cross-border energy efficiency efforts. The Parties will conduct studies and public education campaigns in order to promote energy conservation. The Commission shall prepare a progress report within one year of the date of entry into force of this Agreement, and at least every two years thereafter, reviewing the progress made in the implementation of this Article, including its general and specific objectives.

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The Geneva Initiative

270

+$ MWij[H[ZkYj_ed"H[ki["H[YoYb_d] WdZ9eehZ_dWj[ZMWij[CWdW][c[dj <ZcZgVa 1.

2.

3. 4.

The common objective of the Parties is to minimize the production of solid waste through policies that encourage the reduction, reuse and recycling of waste (including establishment of waste-to-energy facilities) and encourage cooperation and mutual assistance to that end. The Commission will help coordinate national policies and facilitate cooperation in promoting recycling and integrated waste management initiatives between the two Parties. The Parties shall take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste. The Parties shall develop a plan to identify and remediate existing landfills that are causing or may cause harm to the environment or human health, including facilities that are causing or may cause groundwater contamination. Israel will bear the costs of rehabilitating such landfills in the West Bank and Gaza which have received solid waste from Israeli citizens and communities

>ciZ\gViZYHda^YLVhiZEgd\gVbh 5.

6.

7. 8.

The Parties shall enact legislation that requires hazardous and nonhazardous wastes to be separated, with the former required to meet the conditions stated in Article 6 of this Agreement. The Parties shall prepare solid waste reduction plans with measurable targets for the next ten years and submit them to the Commission. The Plans shall include measures to reduce the amount of recyclable and biodegradable waste disposed in landfills or other waste facilities. The Parties will submit to the Commission an annual report detailing progress made towards achieving these goals. The Commission will prepare a program to encourage cooperation and mutual assistance in the area of recycling, composting, and reuse between the Parties and seek funding to implement it.


Environment

9.

10.

The Parties commit to removing obstacles to export of recyclable raw materials that can be integrated into a production process used by the other Party and will work to facilitate import of appropriate recycled raw materials to local plants. The Commission will establish a common recyclable resource center that compiles information about the availability of materials for reuse or recycled materials for production in conjunction with local industrial associations.

A^iiZgVcYHda^YLVhiZ9^hedhVa 11. 12.

13.

14.

15.

The Parties shall prohibit littering in public areas and establish enforcement procedures and penalties to ensure the cleanliness of public spaces. The Parties shall enact and implement laws and regulations or regulations that prohibit the abandonment, dumping or uncontrolled disposal of solid waste, and establish enforcement procedures and penalties to ensure their implementation. The Parties shall ensure that waste is transported to disposal sites in an environmentally sound manner with all waste covered or compartmentalized to prevent losses of refuse during transport. New solid waste disposal facilities shall be designed for at least twenty years of operation and include plans for operation, closure and after-care: a. Without risk of harm to water, air, soil, plants, or animals; b. Without using processes or methods which could harm the environment; c. Without causing a nuisance through noise or odors; and d. Without adversely affecting the countryside, including ecologically sensitive areas and scenic open spaces as well as places of special ecological, historical, cultural, religious or tourism value. Existing solid waste disposal facilities in operation at the time that this Agreement enters into force may not continue to operate unless, within two years after this Agreement enters into force, the operator presents to the responsible authority a management plan, including any necessary corrective measures, which would bring the facility into compliance with this Agreement.

271


272

16.

17.

18.

19.

20.

21.

The Geneva Initiative

The responsible authority shall decide whether existing operations may continue on the basis of said management plan, this Article, and any applicable laws and regulations. For facilities that are not granted permission to continue operations, the responsible authority shall take necessary measures to require the operator to close the facility and to rehabilitate or secure the site to prevent environmental damage or health hazards. The operation of waste disposal facilities shall comply with standards set forward in Annex 2 of the EU Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste as well as the EU Directive 2006/12/EC of the European Parliament of 5 April, 2006 on Waste. The Parties will ensure that any holder of waste, public waste collector, or a disposal undertaking disposes of the waste operate in compliance with local laws and regulations. The Parties will ensure that individuals or institutions treating, storing or tipping waste on behalf of third parties operate according to the conditions of a permit that is issued by the responsible authority. The Parties commit that the responsible authority will periodically check that the conditions of the permit are being complied with. They will also monitor undertakings which transport, collect, store, tip or treat their own waste or third partyâ&#x20AC;&#x2122;s waste. In accordance with the â&#x20AC;&#x153;polluter paysâ&#x20AC;? principle, the cost of waste disposal must be borne by the holder who has waste handled by a waste collector or an undertaking and/or by previous holders or the producer of the product giving rise to the waste.


Environment

,$ CWdW][c[djWdZJhWdifehje\ >WpWhZekiIkXijWdY[iWdZMWij[i <ZcZgVa 1.

2.

3.

Given that severe health and environmental damage may result from hazardous substances and hazardous wastes, the common objective of the Parties is to ensure proper storage, treatment, and disposal of such materialin their countries. The Parties also shall undertake efforts to minimize use of hazardous materials and to reduce generation of hazardous waste. The Parties agree that the definition and classification system for hazardous wastes to be employed by both countries will be that contained in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Within six months of the date this Agreement enters into force, the Commmission will prepare a work plan to encourage cooperation and mutual assistance in managing hazardous wastes and hazardous substances and to expeditiously develop a hazardous waste disposal facility in Palestine.

6eegdeg^ViZ9^hedhVa 4. 5.

6.

7.

The Parties agree that the handling and disposal of hazardous wastes will be subject to more stringent controls than for non-hazardous wastes. The Parties shall enact such legislation as may be necessary to prohibit the disposal of hazardous waste at sites and facilities that are not licensed for their acceptance and to prohibit illegal transboundary shipments of hazardous waste. The Parties recognize that disposal sites for hazardous waste of various types shall be licensed in each country with stipulations that ensure that disposal will not cause damage to the surrounding environment or to human health. The Parties shall en sure the availability of licensed disposal facilities for environmentally-sound management of hazardous wastes and medical wastes. Special efforts shall be made to avoid groundwater contamination or runoff from storage ponds during rain events and to prevent adverse impacts from emissions and odors from disposal sites.

273


274

8.

9.

10.

11.

The Geneva Initiative

The Parties shall ensure that persons involved in the management, treatment, or disposal of hazardous wastes have received proper professional training and are required to take such steps as are necessary to prevent pollution or adverse health impacts. If a release of hazardous waste or substances occurs, the responsible Party will be required to minimize the consequences thereof to protect human health and the environment. Where hazardous materials are to be transported and disposed of within either Israel or Palestine (without trans-border movement), the Parties agree that national inspection systems may be relied upon within each State. The Parties shall implement documentation systems concerning the transportation, handling and disposal of hazardous wastes, and associated inspections, with the objective of making â&#x20AC;&#x153;cradle-to-graveâ&#x20AC;? documentation available to the Commission for inspection. The Parties will enact regulations to limit the use of asbestos in construction and to ensure that any asbestos removal from buildings complies with Directive 1999/77/EC of the European Union regarding asbestos.

Cdi^Ă&#x2019;XVi^dcVcY6eegdkVad[:medgi 12.

13.

Pursuant to Article 11(1) the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, the Parties shall adopt a binding framework setting forth detailed procedures and conditions for the transboundary shipments of hazardous wastes and hazardous substances. These procedures shall ensure that such transport of hazardous materials do not harm or endanger human health or the environment and are conducted in accordance with the principles of the Basel Convention. The Parties shall seek to reduce the transboundary movement of hazardous wastes and other wastes to the minimum consistent with the environmentally sound and efficient management of such wastes, and will ensure that transport is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement.


Environment

14.

15.

16.

17.

18.

19.

20.

21.

The Parties agree that where the transboundary movement of wastes of any type is involved, each Party shall maintain full records of the transportation, handling and disposal methods employed. The environmental authority of the country of export shall notify in writing the environmental authority of the country of import prior to any transboundary shipments of hazardous waste or hazardous substances. A copy of the notification shall simultaneously be sent to the Commission. The notification referred to in paragraph 15 of this Article shall be given at least 25 days in advance of the planned date of export and may cover an individual shipment or a series of shipments extending over a twelvemonth or lesser period. Notification shall comply with the criteria set forth in Annex V(A) of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The environmental authority of the country of import shall have 15 days from the date of acknowledgement of receipt of the notification provided in paragraph 15 of this Article within which to respond to such notification, indicating its consent, with or without conditions, or its objection to the export. A copy of the response shall simultaneously be sent to the Commission. Each Party enjoys the right to prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner or for other good cause. The country of import shall have the right to amend the terms of the proposed shipment contained in the notification in order to give its consent. The country of export shall readmit any shipment of hazardous waste that may be returned for any reason by the country of import. Each Party shall cooperate in monitoring and spot-checking shipments of hazardous waste and hazardous substances across the common border to ensure, to the extent practicable, that such shipments conform to the requirements of this Article and its national laws and regulations. In order to facilitate compliance with the requirements of the importing country for the import of hazardous substances, each Party shall cooperate by making its import requirements, including expected information and documents, known to the other Party.

275


The Geneva Initiative

276

9VbV\Zh 22.

23.

24.

25.

The Parties may require, as a condition of entry, that any transboundary movement of hazardous waste be covered by insurance or other financial guarantee in respect to damage to third parties caused during the entire movement of hazardous waste, including loading and unloading. Whenever a transboundary shipment of hazardous waste or hazardous substances is carried out in violation of this Article, the national laws and regulations of the Parties, or the conditions to which the authorization for import was subject, or whenever the hazardous waste or hazardous substances produce damages to public health, property or the environment in the country of import, the competent authorities of the country of export shall respond immediately. The authorities in such cases shall take all practicable measures and initiate and carry out all pertinent legal actions that they are legally competent to undertake so that when applicable in accordance with its national laws and regulations the physical or juridical persons involved: a. Return the hazardous waste or hazardous substances to the country of export; b. Return in as much as practicable the status quo ante of the affected ecosystem; and c. Repair, through compensation, the damages caused to persons, property or the environment. The country of import shall also take, for the same purposes, all practicable measures and initiate and carry out all pertinent legal actions that its authorities are legally competent to undertake. The country of export shall report to the country of import all measures and legal actions undertaken in the framework of this section, and shall cooperate with the country of import, on the basis of this Article or of other bilateral treaties and agreements in force between the Parties, and to the extent permitted by its national laws and regulations, to seek in its courts the satisfaction of those matters covered in subparagraphs a to c of paragraph 23.


Environment

-$ 9eehZ_dWj_ede\F[ij_Y_Z[WdZ F[ij9edjhebFeb_Y_[i <ZcZgVa 1.

2.

3.

4. 5.

The Parties seek to control agricultural pests, rodents and insects that pose a health risk to humans through cooperative actions that do not harm the environment or public health. Integrated pest management will be facilitated through the coordination of national pesticide application policies between the two Partiesâ&#x20AC;&#x2122; Ministries of Agriculture and the adoption of national plans for regulating pesticides which will be coordinated through the Commission. A general, common objective of the Parties is to ensure the safety and health of pesticide applicators and to reduce, to the extent feasible, the utilization of chemical pesticides, utilizing biological controls and other mechanisms of integrated pest management to ensure agricultural productivity. Another common objective of the Parties is to prevent the smuggling of pesticides which have been banned from one Party to another. The Parties shall rely on their Ministries of Agriculture to take a lead role in overseeing application of pesticides and implementing pest control policies.

GZ\jaVi^dc 6.

The Parties shall enact legislation for the regulation of pesticides and make provisions for its effective enforcement, including the establishment of appropriate educational, advisory, extension and health-care services. The legislation shall include provisions requiring that all pesticides, before they are imported, formulated, packed, labeled, sold or given as a sample, offered for sale, or used, must be permitted or registered.

277


278

The Geneva Initiative

8ddeZgVi^dc^c8dcigdad[EZhihVcY>chZXih 7.

8. 9. 10.

11.

12.

13.

The Parties shall take measures to reduce mosquito habitat by drying or covering standing water in which mosquitoes lay eggs and, if necessary, by use of biological control agents. The Commission will coordinate public education campaigns in both countries to disseminate information on eliminating mosquito habitat around homes. Alternatives to chemical pest controls will be encouraged among farmers by agricultural extension services. Alternatives to chemical pest controls will be encouraged among homeowners by educational and promotional programs initiated by the Parties. When these measures are not satisfactory, chemical pesticides may be utilized which comply with EU standards. Pesticides withdrawn from use under and listed in Annex I to Council Directive 91/414/EEC and Annex I in the Commission Regulation EC 2076/2002 shall be phased out for use in both countries by January 1, 2011 The Parties shall prepare Action Plans, to be submitted to the Commission for review or approval, with the aim of reducing of human and health and ecological risks associated with pesticide application and human dependence on pesticide use. The Action Plans should encourage and promote research on, and the development of, alternatives posing fewer risks, including biological control agents and techniques, non-chemical pesticides, and pesticides that are, as far as possible or desirable, target specific, that degrade into innocuous constituent parts or metabolize after use and are of low risk to humans and the environment. The Parties shall require appropriate and relevant training for pesticide distributors and professional pesticide applicators in order to ensure full awareness about the risks and hazards, to provide information on risk reduction, and to encourage utilization of alternatives to chemical pesticides. The Commission shall coordinate minimum standards for pesticide application and personal protective equipment. The Parties shall permit such equipment to be marketed only if they comply with established


Environment

14.

15.

standards. The Parties shall ensure that pesticide application equipment and accessories in professional use shall be subject to inspections at regular intervals. The inspections shall verify that the pesticide application equipment and accessories satisfy the essential health, safety and environmental standards. The Parties shall ensure that all pesticide application equipment and accessories for professional use have been inspected at least once by 2012, and that only pesticide application equipment and accessories having successfully passed inspection are in professional use. The Parties will inventory obsolete or unusable stocks of pesticides and used containers, establish and implement an action plan for their disposal, or remediation in the case of contaminated sites, and record these activities.

Cdi^Ă&#x2019;XVi^dcVcY8ddgY^cVi^dc 16.

17.

18.

When a Party has banned or severely restricted a pesticide or chemical, it shall notify the Ministry of Agriculture in the other Party. Notification shall be transmitted as soon as practicable after the regulatory action has been taken, and in any event not later than 45 days following the taking of such action. When a Party has banned or severely restricted a pesticide or chemical prior to the entry into force of this Agreement, it shall provide an inventory of such prior regulatory actions to the other Party. The notice or inventory shall contain the following information, if available: a. The name of the pesticide or chemical that is the object of the regulatory action; b. A concise summary of the regulatory action taken, including the timetable for any further actions that are planned. If the regulatory action bans or restricts certain uses but allows other uses, such information should be included; c. A concise summary of the reason for the regulatory action, including an indication of the potential risks to human health or the environment that are the grounds for the action;

279


The Geneva Initiative

280

d.

e.

Information concerning registered pesticides or substitute chemicals that could be used in lieu of the banned or severely restricted pesticide or chemical; and The name and address of the contact point to which a request for further information should be addressed.

6Zg^VaHegVn^c\ 19.

Aerial spraying shall be generally banned over all areas that are within two kilometers of the border of the two Parties with derogation possible where it represents clear advantages and also offers environmental benefits compared to other spraying methods, or where there are no viable alternatives. Authority to grant a derogation is held by the Commission; approval will require approval by at least nine members (over sixty-five percent) of the Commission.

BVm^bjbGZh^YjZA^b^ih 20.

The Commission shall coordinate maximum residue limits (MRLs) for pesticide residues in and on fruit, vegetables, cereals, foodstuffs of animal origin, and products of plant origin. MRLs should be set at the lowest achievable level consistent with good agricultural practice for each pesticide with a view to protecting vulnerable groups such as children and the unborn. MRLs shall be continually monitored by the Ministries of Agricultures in the Parties and shall be changed to take account of new information and data.

AVWZa^c\ 21.

The Commission will coordinate pesticide labelling between the two Parties, in conformance with Article 11 of the 2002 United Nations, Food and Agriculture Organization’s “International Code of Conduct on the Distribution and Use of Pesticides.”


Environment

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2.

3.

4.

5.

6.

The Parties recognize the importance of assessing the impacts of projects and activities that may have significant, adverse transboundary environmental impacts before implementing them. Each Party shall assess those proposed actions, activities and projects within the area under its jurisdiction that, if carried out, would be likely to cause significant, adverse transboundary environmental damage. This includes pollution of air, water, and soil, increased noise and odors, as well as harm to shared open spaces, vistas and biodiversity. Delineation of appropriate mitigation measures will accompany the assessment. Each Party shall notify the other Party concerning a proposed action, activity or project as early as practicable in advance of a decision concerning such action, activity or project and shall consult with the other Party at its request. In addition, each Party shall, at the request of the other Party, consult concerning any continuing actions, activities or projects that may cause or will cause significant, adverse transboundary environmental damage. This includes changes to its laws, regulation or policies that, if carried out, would be likely to affect environmental quality for the other Party. If either Party becomes aware of an environmental problem that is of joint concern and requires an immediate response, it shall notify and consult the other Party forthwith. The Parties shall take all appropriate and costeffective measures to prevent, reduce and control significant, adverse transboundary environmental impact from proposed activities. Environmental Impact Statements offer an opportunity for evaluating projects and for mitigating environmental consequences.

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GZfj^gZbZciidEgZeVgZVc:ck^gdcbZciVa>beVXiHiViZbZci 7.

8.

9.

10.

11.

The Parties shall prepare an environmental impact statement (EIS) for projects that are likely to have significant, adverse transboundary environmental impacts. Projects located away from the border may still have a significant adverse transboundary impact. The Commission is authorized to recommend to one of the Parties that an EIS, be prepared for any project that conforms to the categories found in EU Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC. Appendix 2 includes additional factors to consider in determining whether other projects may have a significant adverse impact and for which an EIS will be prepared. Once informed by the Commission, the Party of origin shall consider the preparation of a comprehensive EIS in compliance with this Article before making a decision approving or authorizing a proposed project that is likely to have significant, adverse transboundary environmental impacts. If it chooses not to prepare an EIS, the Party will inform the Commission in writing of the reasons for not complying with the recommendation. Israel’s Ministry of the Environment and the Palestinian Environmental Quality Authority will be responsible for preparing guidelines for preparation of the respective Party’s EISs conducted under this Agreement and coordinating comments to statements prepared by the other Party. These authorities are referred to as the “environmental authority” generically in this article. The Commission will play an advisory role, act as a forum for information exchange, and help organize public consultations and hearings as needed regarding EISs.


Environment

EgdXZYjgZh6hhdX^ViZYl^i]EgZeVgVi^dcd[ :ck^gdcbZciVa>beVXiHiViZbZcih 12.

13.

14.

15.

16.

The environmental authority of the originating Party is required to notify the environmental authority of the affected Party of a proposed activity that is likely to have a significant, adverse transboundary environmental impact. The notice will include basic information about the proposed project, its likely adverse transboundary impacts, an outline of the decision-making process, and the timeline for carrying out an EIS. The environmental authority of the originating Party will send to the Commission and the environmental authority of the affected Party a scoping report outlining the intended scope of the EIS including the alternatives to the project and impacts to be analyzed. The environmental authority of the Party of origin must use all reasonable means to notify people that are likely to be affected by the project (in both countries) about the availability of the scoping report. Reasonable means include at least publishing in two popular newspapers and posting notices in the area. The public will be encouraged to submit its comments regarding the possible environmental impacts to the environmental authority of the originating Party within 60 days. Notice must also be given to the environmental authority of the affected Party and the Commission. The environmental authority of the affected Party must be given a reasonable time, at least 30 days, to comment. The environmental authority of the affected Party is required to seek public comment and input from other government entities on the scoping report. The environmental authority of the originating Party must oversee the preparation of a draft EIS according to the relevant domestic laws and regulations. The minimum contents of an EIS shall include: a. A description of the purpose of the proposed project; b. A description of the proposed project; c. A description of the potentially affected environment in both countries, including specific information necessary for identifying and assessing the environmental and human health effects of the proposed project;

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d. e.

f.

g. h.

A description of reasonable alternatives to the project; An assessment of the likely or potential environmental impacts of the proposed project and of the reasonable alternatives to that project, including the direct, indirect, cumulative, short-term and long-term effects; An identification and description of measures available to mitigate adverse environmental impacts of the proposed project as well as to the reasonable alternatives, and an analysis of those measures; An indication of gaps in knowledge and uncertainties which may be encountered in compiling the required information; and A brief, non-technical summary of the information provided under the above headings.

EjWa^X6XXZhhidi]Z:ck^gdcbZciVa>beVXiHiViZbZci 17.

18.

19.

The originating Party will make copies of the draft EIS, or a comprehensive summary of it, available to the public in both countries in English. The draft EIS will be made available in both paper form and electronically. A summary of the EIS will be made available in both Hebrew and Arabic and will be submitted with the draft EIS. The environmental authority of the Party of origin will seek comments on the proposed project from interested people including people likely to be affected and interested NGOs (in both countries). The environmental authority will also seek comments from relevant government agencies. The environmental authority of the affected Party and the Commission will assist the authority to circulate the draft EIS and seek comments. The draft EIS will be available for comments for a reasonable amount of time (at least 60 days). The Party of origin will ensure that opportunities given to people in the affected Party to participate (including, but not limited to, notice, copies of documents, opportunity to comment, and public hearings) will be at least equivalent to opportunities given to the public of the Party of origin.


Environment

20.

If there is demand by the public or by NGOs that is endorsed by a formal request by at least one member of the Commission, the Commission shall request from both environmental authorities that public meetings be convened. During the public meeting, the Party of origin will provide information about the project and will offer affected individuals and organizations an opportunity to comment.

;^cVa:ck^gdcbZciVa>beVXiHiViZbZci 21.

22.

23.

After the public comment period, and after any public meetings, the Party of origin will publish a final EIS. The final statement must respond to comments received by noting changes made in the final document or explaining why changes were not made. The decision on the proposed activities must take into consideration and shall respond in writing to the comments from interested persons from both countries and the affected Party. The Parties shall monitor the projects and provide the Commission with information about adverse transboundary impacts.

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/$ 9eehZ_dWj[ZBWdZKi[FbWdd_d] <ZcZgVa 1.

2.

3.

The Parties acknowledge that given their contiguous geographical locations, land use in large areas of each Party is likely to have influence on the environment conditions in the other Party. The Parties recognize that in order to avoid the friction associated withtransboundary impacts of new development projects, it is their mutual objective to cooperate and coordinate land use planning in areas where transboundary impacts are anticipated. The Parties understand the potential environmental and economic benefits associated with the utilization of joint infrastructures and will explore the feasibility of merging infrastructures and developing joint infrastructure in the future.

I]ZAVcYJhZEaVcc^c\HjWXdbb^iiZZAJEH 4.

5.

6.

7.

In order to plan, oversee and coordinate the land use of the Parties in areas where transboundary impacts are anticipated, a Land Use Planning Subcommittee (LUPS) of the Commission will be established. The LUPS shall be comprised of an equal number of representatives from each Party and will include representatives of each Partyâ&#x20AC;&#x2122;s environmental ministry and public representatives. Each Party shall designate a senior government official from its Ministry of Interior to serve as co-chair of the LUPS. The co-chair shall report to the relevant land use authorities of both Israel and Palestine. The LUPS primary objective will be to coordinate land use planning in the border region on the basis of specific environmental sensitivities as well as to minimize any transboundary impact of new development and ensure sustainability of the region. Parties shall present major new development initiatives to the LUPS in order to allow for an evaluation of potential impacts.


Environment

8.

9.

If there has not been an environmental impact statement prepared for new development that is likely to produce significant transboundary environmental impacts, the LUPS is empowered to recommend that an environmental impact statement be prepared that evaluates the transboundary impact of the development, pursuant to Article 8. LUPS must inform the developer of the EIA requirement within 45 days of receiving notice of the planned development. The LUPS is empowered to pursue planning studies that address regional concerns to both Parties.

I]Z7^"cVi^dcVaHigViZ\^XBVhiZgeaVc[dg9ZkZadebZci 10.

11.

12.

13.

The LUPS will commission a â&#x20AC;&#x153;Bi-national Strategic Masterplan for Developmentâ&#x20AC;? (BSMD) for strategic planning of land use at the conceptual level in areas near the shared border in both Israel and Palestine. The proposed plan shall focus its activities on future development intended within five kilometers of the borders between the Parties, and shall include the consideration of shared physical and environmental infrastructure in Israel and Palestine. The BSMD will constitute a single, synthesized, comprehensive, conceptual planning framework for the Parties, reflecting the scenarios envisioned by the Partiesâ&#x20AC;&#x2122; for future residential, commercial, industrial, and tourism development, population growth, water conservation, usage, and needs, agricultural lands and ecological corridors. On the basis of these scenarios, a coordinated and sustainable infrastucture plan can be developed including inter alia, roads, railways, energy, natural resources, waste disposal. The BSMD will be based on principles of sustainable development and seek to reduce the potential of future development which would cause future nuisances and hazards that can affect human populations or cause damage to sensitive open spaces and important areas of biodiversity or cultural resources.

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The Geneva Initiative

The LUPS will oversee review of the BSMD. When the LUPS has approved it, the document will be considered for approval by the Commission. Once approved by the Commission, it will be forwarded to the Parties for ratification. Upon approval by the Commission and ratified by the Parties, the BSMD will become an Annex to this Agreement. Once approved, the Parties shall take into account its zoning designations in the detailed land use planning they conduct within their respective territories. Any subsequent exceptions from the BSMD will require authorization from the LUPS.

EjWa^X8dchjaiVi^dc 16.

17.

The Parties shall take the measures necessary to ensure that the drafting of the BSMD and related decision-making considers public and stakeholder opinions and provides the public and stakeholders with meaningful opportunities to consult, advise and participate directly in activities that support this plan. The detailed arrangements for such information and consultation shall be determined by the LUPS, which, depending on the particular characteristics of the projects or sites concerned may: a. Determine the public that should be notified, including the public affected or likely to be affected by, or having an interest in the BSMD plan, along with relevant non-governmental and other organizations concerned; b. Specify the places where the information can be consulted; c. Specify the way in which the public may be informed (e.g.: by billposting within a certain radius, publication in local newspapers, organization of exhibitions with plans, drawings, tables, graphs, models); d. Determine the manner in which the public is to be consulted (e.g.: by written submissions, by public enquiry);


Environment

e.

18.

Set appropriate time frames for the consulting process, thus giving an early and effective opportunity for consultations, including the expression of opinion, before the BSMD is completed and approved; and fix appropriate time limits for the various stages of the procedure in order to ensure that the decisions within the BSMD planning are taken within a reasonable period. The LUPS shall inform the public of the content of the decision and, if the Partiesâ&#x20AC;&#x2122; legislation so requires, the reasons for the decision.

8dVhiVaOdcZBVcV\ZbZci 19.

20.

The Parties agree that the management of the coastal zones of the Mediterranean Sea and the Dead Sea are of particular significance. A specific unit within the LUPS shall address land use planning in these coastal areas. The Parties shall follow the principles of Integrated Coastal Zone Management with respect to the coastal zones referred to in Article 12. Accordingly, they shall give particular attention to: a. The protection of water resources and water quality including the coordination of waterbasins and flows from the hill regions; b. The balanced development of the coastal zone, through the optimization of land use including the restrictions on new marinas; c. The development and protection of nature reserves and the preservation of biological and cultural diversity and underwater archaeology; d. The management of land-based pollution sources; e. The management of coastal and offshore pollution sources; f. Emergency response, including response to spills; G. Climate change and the effects on erosion.

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290

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2.

3.

The Parties recognize the rich biodiversity which is created by their location at the meeting place of three continents and the importance of coordinating proactive conservation efforts to preserve nature. The Parties acknowledge the importance of the ecosystem services created by natural biodiversity as well as the many threats to local ecosystems and the need to work together to protect the uniquely rich diversity of local flora and fauna. The Parties shall cooperate in implementing policies that conform to internationally-accepted principles and standards concerning the protection of endangered species and of wild fauna and flora. Such protection shall include: a. Restrictions on trade in protected and endangered species; b. The conservation of protected, endangered and migratory species of wildlife; c. The preservation of existing forests, nature reserves and protected natural assets; d. Harmonization of hunting laws and regulations, including hunting seasons, for migratory species; and e. The enforcement of regulations pertaining to hunting, and in particular regulations prohibiting hunting of protected and endangered species.


Environment

EgdiZXiZYHeZX^Zh 4.

5.

6.

The Parties will promulgate regulations and enact laws which protect the flora and fauna on the common protected species list that appears in appendix 3 to this Agreement (“Protected Species”). The laws and regulations will include provisions to affect the management and expansion of nature reserves, pursuant to Article 10 of this Agreement, and penalties for individuals who trade or harm species listed in Appendix 3. “Harming” species includes killing, injuring, hunting, poisoning, or otherwise harming protected animals, and picking, cutting, burning, or otherwise harming protected plants. Israel agrees to offer to transfer to Palestine live specimens of native plant and wildlife species that have abundant populations in Israel (such as Dorcas gazelles and Nubian ibex) for the purpose of restoring populations across the region.

CVi^dcVaEaVch 7.

8.

Each Party will prepare a National Action Plan to protect the open spaces, cultural landscapes, natural resources and biodiversity in its territory as well to preserve existing ecological corridors. .The Action Plan of the Parties will comply with the requirements set forth in Articles 6-17 of the Convention on Biological Diversity (1992). The Israeli Nature Reserves and National Parks Authority and the Palestinian Environmental Quality Authority or the Natural Resources Authority will report to the Commission on the state of biodiversity and progress in implementation of their respective Action Plans every two years.

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?d^ci6Xi^dcEaVch 9.

10.

11.

12.

13.

14.

The Israeli Nature Reserves and National Parks Authority and the Palestinian Environmental Quality Authority or the Natural Resources Authority will prepare a Joint Action Plan for Preservation of Biodiversity that will be submitted to the Commission within a year after entry into force of this Agreement. The Joint Action Plan will be designed to strengthen joint Palestinian-Israeli decisionmaking, in particular improving coordination and addressing the interrelationship between national and transboundary issues, taking account of biodiversity and environmental impacts in decision-making. The Joint Action Plan will specify the measures and management strategy that will be taken to prevent the extinction of the leopard (Panthera pardus nimr), the Palestinian ibex, or any other species whose survival is deemed by the Commission as requiring transboundary cooperation. The Joint Action Plan will set forward a list of invasive species that threaten biodiversity and the measures that will be taken to eliminate or reduce the presence and adverse impacts of invasive species. The Joint Action Plan will include strategies designed to build partnerships between the government sector and the finance, education and private sectors (including landowners, conservation practitioners, and NGOs), as well as establish public education, awareness and experiential programs for Palestinian and Israeli youth and communities. The Joint Action Plan will contain a strategy for containing the spread of rabies. The Parties will take preemptive, cooperative measures for rabies control, notwithstanding existing commitments to nature preservation. Progress reports about the implementation of the Joint Action Plan will be submitted as part of the biennial report about the state of biodiversity and implementation of National Action Plans pursuant to paragraph 7 of this Article.


Environment

''$ ;ijWXb_i^c[djWdZCWdW][c[dje\ JhWdiXekdZWhoFhej[Yj[Z7h[Wi <ZcZgVa 1.

2.

3. 4. 5.

The Parties acknowledge the importance of protecting areas of significant natural and cultural heritage and shall work together for the purpose of conserving shared ecosystems and areas of natural and cultural heritage. The Parties shall establish transboundary protected areas, including Parks for Peace (as defined by the World Conservation Union (IUCN)), for the enjoyment by people, the protection of flora, fauna, and cultural resources, as well as the promotion of peace and cooperation. The Parties will also work together to promote appropriate transboundary areas such as Biosphere Reserves and World Heritage Sites as defined by UNESCO. The Commissions for UNESCO will help to coordinate the activities within the aegis of the Organization. The Parties will prepare a harmonized Tentative List of sites for World Heritage Listing and for the identification of trans-national serial sites. Parks and forests which have been designated as protected areas during the Israeli military occupation in the West Bank should continue to be protected by the Palestinian government.

:m^hi^c\CVijgZGZhZgkZhVcYCVi^dcVaEVg`h^ci]ZLZhi7Vc` 6.

The Israeli government will pass to the Palestinian government the infrastructure and facilities of existing nature reserves in the West Bank. The Palestinian government will continue to operate these sites and allow public access to them, pursuant to its domestic rules, laws and regulations.

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I]ZEVg`hVcYAVcYhXVeZhHjWXdbb^iiZZ 7.

8.

9.

10.

The Commission shall establish a Parks and Landscapes Subcommittee that shall be comprised of an equal number of representatives from each Party. The subcomittee shall include, at a minimum, representatives of the Israel Nature and National Parks Protection Authority and Antiquities Authority and representatives from the parallel Palestinian authorities. The Parks and Landscapes Subcommittee shall develop a five-year work plan that includes a timeline for identifying high priority areas for conservation and protection, establishing transboundary protected areas, methods for encouraging cooperative activities between the Parties towards the goal of conserving shared ecosystems and areas of cultural heritage and a strategy for funding these activities. This work plan shall be submitted to the Commission along with annual progress reports describing progress towards the goals identified in the work plan. The Parks and Landscapes Subcommittee will oversee, implement and monitor the progress of co-operative activities developed to accomplish the conservation of shared ecosystems and cultural heritage. The Parks and Landscapes Subcommittee, working with members of the Commission, shall cooperate on identifying, planning, designing, and developing transboundary protected areas and Parks for Peace.

:hiVWa^h]bZcid[IgVchWdjcYVgnEgdiZXiZY6gZVh 11.

The Parties agree that the areas listed in Appendix 4 are high priority areas for conservation and protection. Priority will be given to establishing transboundary parks along the Jordan River and around the Dead Sea and Gilboa region. The Parks and Landscapes Subcommittee will meet at least once a year to review and update the list of substantive and geographical areas.


Environment

12.

13.

14.

15.

16.

Within six months of its creation, the Parks and Landscapes Subcommittee shall adopt and publish the criteria and information it will consider in determining whether an area warrants inclusion in Appendix 4. The criteria shall include provisions to ensure that areas of cultural importance to one Party that may be located in the other Partyâ&#x20AC;&#x2122;s territory are considered for inclusion on the list. The Parks and Landscapes Subcommittee shall accept and consider petitions from either Party, any person, or nongovernmental organization requesting that an area be included in Appendix 4. A petition shall address the criteria and information identified by the Subcommittee pursuant to paragraph 10. Should a natural or cultural area listed in Appendix 4 no longer meet the criteria for listing, the Parks and Landscapes Subcommittee may consider removing the area from the list. Prior to removing an area from appendix 4, the Subcommittee shall issue a written decision explaining why the area no longer meets the criteria for listing. The Parks and Landscapes Subcommittee shall make recommendations to the Parties as to the appropriate designation under each Partyâ&#x20AC;&#x2122;s laws and regulations necessary and appropriate to protect the areas identified in Appendix 4. The Parties shall expeditiously pursue the recommended designations. To the extent the proposed designation requires preparation of an application or supporting material, or if a Party requires technical assistance seeking the designation, the Parks and Landscapes Subcommittee shall provide assistance as needed. The Parks and Landscapes Subcommittee will develop management plans for each transboundary protected area established under this Agreement. In addition to information that may be required to be included in the management plan by relevant laws and regulations or international conventions, the management plans shall include measures to ensure conservation of the areas, identify actions necessary to restore the ecological or cultural values, if necessary, and provide for equal access to the sites by people from both countries. The Parties shall fully implement the management plans.

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8jaijgVaVcYcVijgVa]Zg^iV\Zh^iZh 17.

18.

19.

20.

21.

22.

23.

Each Party will favorably consider consulting and cooperating with the other Party as well as seeking assistance from the other Party and the international community to establish and preserve and harmonize cultural and natural heritage sites. Access to World Heritage Tentative or Inscribed sites will not be restricted by the Parties unless such restrictions are necessary for the sustainable management of the site. Each Party will favorably consider consulting and cooperating with the other Party as well as seeking assistance from the other Party and the international community to establish and preserve and harmonize cultural and natural heritage sites. Whilst fully respecting the sovereignty of the States on whose territory a cultural and natural heritage site is situated, the Parties recognize that there are many unique sites in the region that constitute a world heritage and whose protection requires the international community as a whole to co-operate. Each Party will prepare a tentaitive list of sites listing those of regional significance and that have a potential for outstanding universal value. The Parties recognize the duty of ensuring the identification, documentation, research, protection, conservation, presentation and transmission to future generations of cultural and natural heritage and will endeavor to implement UNESCO mechanisms including the World Heritage Convention (1972), the MAB program, the Ramsar Convention and the Convention on Biologcial Diversity. Each Party will favorably consider consulting and cooperating with the other Party, as well as seeking assistance from the other Party and the international community, to establish and preserve and harmonize cultural and natural heritage sites. Access to World Heritage tentative or inscribed sites will not be restricted by the Parties unless such restrictions are necessary for the sustainable management of the site. Each Party undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage situated on the territory of the other Party.


Environment

24.

The Parties will examine the development of joint scientific and technical studies and research and the establishment of a joint regional center for training in the protection, conservation and presentation of the cultural and natural heritage. The UNESCO Forum â&#x20AC;&#x201C; Universities and Heritage should be a platform for the exchange of ideas.

AVl:c[dgXZbZci 25.

The Parties shall ensure that illicit traficking of cultural objects or artifacts and of endangered species will be controlled by establishing a joint committee to take the necessary measures according to international procedures.

EgdiZXi^c\B^\gVi^c\7^gYhVcYi]Z^gB^\gVi^dcGdjiZh 26.

27.

28.

29.

The Parties declare their mutual interest in preserving and researching migrating birds and their habitats for the benefit of biodiversity, nature preservation, agriculture, education, tourism and aviation safety. The Parties will cooperate with each other to study bird migration in the Middle East. Ornithological findings and data generated through this research will be applied to protecting birds and conserving avian habitat and important migration areas. The Commission will explore the possibility of expanding this research network to include representatives from Jordan and Egypt. The Parties agree to continue and expand multipdisciplinary joint-education programs on migrating birds and to explore opportunities to promote ecotourism. The Parties will work with the relevant international bodies, including BirdLife International, AEWA and UNEP-WCMC to support the conservation and innscription of the flyways and stop-over sites on the World Heritage List as part of the Great Rift Valley initiative.

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'($ Febbkj_edFh[l[dj_ede\7gkWj_Y;Yeioij[ci <ZcZgVa 1.

2.

The general, common objective of the Parties is to prevent and controltransboundary pollution of marine or fresh water ecosystems between the two countries. To this end, the Parties shall: a. Adopt ambient water quality standards for shared water bodies; b. Monitor water quality at locations necessary to determine compliance with shared water quality standards; c. Establish and enforce limits for wastewater discharges from point sources that are designed to attain the shared water quality standards; d. Monitor discharges from point sources in a manner necessary to maximize compliance with shared water quality standards; e. Establish and enforce best management practices (BMPs) for use of agricultural chemicals to limit the release of contamination from non-point sources that are designed to attain the shared water quality standards; f. Develop and direct a bi-lateral program of preventing accidental and operational marine pollution, including the monitoring of waste dumping by ships in the ports of Gaza and Ashdod as well as the deployment of clean-up vessels for all major port areas; g. Establish a bi-lateral emergency response program to handle chemical or oil spills in the ports of Gaza and Ashdod; and h. Adopt necessary programs and other measures to implement such specific objectives and ensure control of transboundary water pollution.


Environment

HiVcYVgYhVcYBdc^idg^c\ 3.

4.

5.

6.

7.

8. 9. 10.

The Commission in conjunction with the Joint Water Committee shall appoint a Water Quality Subcommittee to oversee activities involving pollution prevention in fresh and marine waters. The Subcommittee shall be composed of equal numbers of representatives from each Party. Members of the Subcommittee should have professional training and experience in the area of water quality, environmental health and ecology. The Water Quality Subcommittee shall develop ambient water quality standards for shared water bodies. The standards need not be uniform, but will ensure the intended uses and carrying capacity of each shared stream and watershed. Standards shall be guided by the 17 July 2006 European Commission’s Proposed Directive on Environmental Quality Standards in the Field of Water Policy; the U.S. Environmental Protection Agency’s National Recommended Water Quality Criteria and Maximum Contaminant Levels (MCLs); the 2006 World Health Organization’s Guidelines for Drinking-Water Quality; and the 2003 World Health Organization’s Guidelines for Safe Recreational Waters. The Water Quality Subcommittee will establish a water quality monitoring program to ensure the attainment of shared water quality standards in transboundary water bodies and assess trends in compliance. The program will specify the locations at which water quality shall be monitored, the parameters to be monitored at each location, and the frequency of sample collection at each location. Water quality monitoring data shall be made freely available to the other Party and to the public in a timely manner. Each Party shall identify and describe each major point source of water pollution that may impact a shared water resource. For each such major point source of water pollution, including sewage treatment facilities, each Party shall identify the location of the point source discharge, the flow rate of the discharge, and pollutant levels in the discharge.

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12. 13.

14.

The Geneva Initiative

The Water Quality Subcommittee shall recommend effluent limitations that apply to each such major point source of water pollution. The purpose of the effluent limitations shall be to reduce the discharge of pollution according to the use of the best available technology that is economically feasible. The limitations shall be guided by European Union Integrated Pollution Prevention and Control Bureau BAT reference documents (BREFs); U.S. EPA Effluent Limitation Guidelines, and World Bank Group Environmental, Health, and Safety Guidelines. The major point sources identified under this Agreement must comply with effluent limitations within one-year after the limitations are adopted. Each Party shall identify and describe major agricultural activities in which the use of agricultural chemicals, nutrients and sediment may generate runoff or seepage that may impact a shared water resource. The Water Quality Subcommittee will develop best management practices (BMPs) for such agricultural activities. The purpose of the BMPs is to prevent or minimize impacts to shared water resources from the use of agricultural practices. The BMPs shall be technically feasible and economically achievable.


Environment

')$ 9ecXWj_d]:[i[hj_ÓYWj_ed <ZcZgVa 1.

2.

3.

4.

The Parties recognize that their desert regions, in which the climate is arid or hyper-arid, constitute unique landscapes and are the home to rich ecosystems which must be respected. The common objective of the countries is to live “with the desert” through development of sustainable, alternative livelihoods and not to “conquer the desert” and to exceed its carrying capacity. The Parties also recognize that in their semi-arid regions, desertification and degradation of soil and land resources poses a regional problem which threatens the future sustainability of a variety of land uses in the area. Desertification poses a transboundary problem both in the dust produced by eroded soils and loss of land cover and the ecological impacts associated with land degradation. Policies and management practices for combating desertification are well known and cost-effective. Chief among these is sustainable dryland agriculture, afforestation, sustainable grazing policies and prudent water management. Cooperation to combat desertification between the Parties promises to improve the sustainabilty of the local agricultural and pastoral economy as well as preserve land and landscape.

CVi^dcVa6Xi^dcEgd\gVbhid8dbWVi9ZhZgi^ÒXVi^dc 5.

6.

The Parties shall draft and implement domestic National Action Programs, pursuant to the Article 9 of the United Nations Convention to Combat Desertification. The purpose of National Action Programs to Combat Desertification is to identify the factors contributing to desertification and specify the practical measures, legislation and initiatives that will be undertaken to combat desertification. These will include, inter alia, development of sustainable irrigation programmes for both crops and livestock, afforestation programs, erosion control regulations, and seasonal grazing schedules on public lands for herders.

301


302

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8.

9.

10.

11.

12.

The Geneva Initiative

The Parties shall establish a formal program of cooperation and research with the goal of reducing soil degradation and the creation of prosperous alternative livelihoods for residents of arid regions in Palestine and Israel. The program will be overseen by their respective Ministries of Agriculture. Among the projects that will be considered: a. Intensive agriculture in green houses as well as the development of closed irrigation systems; b. Afforestation that traverses the borders in semi-arid and dry subhumid lands; c. Integration of flood-dependent agricultural system in semi-arid regions; d. Development and cultivation of salt and drought resistant cultivars and crops; e. Development of aquaculture and algae production; f. Solar energy initiatives; g. Defining desert reserves as part of the natural or cultural landscape sites of the region; and h. Development of desert ecotourism opportunities. Each Partiesâ&#x20AC;&#x2122; National Action Programs to Combat Desertification will contain provisions that coordinate these projects and activities with those of the other Party. The Parties agree that by 2012 grazing will be limited to one animal for every four hectares of rangelands that are not irrigated and one for every hectare when lands are irrigated. In order to assess the effectiveness of the National Action Programs, the Parties will establish a series of shared indicators and benchmarks for assessing land degradation, through the use of remote sensing. The Commission will explore the potential for attaining financial support for Palestinian activities to combat desertification via the Global Environmental Facility and the Global Mechanism.


Environment

'*$ Ced_jeh_d]9ecfb_WdY["9ehh[Yj_l[7Yj_edi WdZ;d\ehY[c[dj <ZcZgVa 1.

2.

3.

It is the common objective of the Parties to coordinate their environmental enforcement programs related to activities with a transboundary impact in order to maximize the effectiveness of their efforts to achieve compliance with this Agreement and the measures adopted by each country to implement this Agreement. Facilitation of transboundary environmental objectives and policies requires the establishment of a common enforcement presence between Israeli and Palestinian regulators that will be overseen by the Commission. The Parties will support the work of the “Joint Environmental Inspection Teams” (JEITs) in pursuing implementation of this Agreement.

:c[dgXZbZciEg^cX^eaZ 4.

5.

6. 7.

Nothing in this Agreement shall be construed to empower a Party’s authorities to undertake law enforcement activities in the territory of the other Party. Each Party shall ensure that judicial, quasi-judicial or administrative enforcement proceedings are available under its law to sanction or remedy violations of its environmental laws and regulations. Each Party shall ensure that citizens and/or NGOs have access to the courts to challenge violations of environmental laws and regulations. Sanctions and remedies provided for a violation of this Agreement shall, as appropriate: a. Take into consideration the nature and gravity of the violation, any economic benefit derived from the violation by the violator, the economic condition of the violator, and other relevant factors; and b. Include compliance agreements, fines, imprisonment, injunctions, the closure of facilities, remedial action, and the cost of containing or cleaning up pollution as appropriate.

303


304

The Geneva Initiative

I]Z?d^ci:ck^gdcbZciVa:c[dgXZbZciHjWXdbb^iiZZ 8.

9.

10.

The Commission shall appoint a Joint Environmental Enforcement Subcommittee (“JEES”) to oversee enforcement of, and compliance with, this Agreement. The JEES shall be comprised of an equal number of representatives from each Party Members of the JEES may be comprised of members of the Commission and/or other appointed experts, but all should have professional training and experience in the area of enforcement and/or the environment. The JEES’s responsibilities include: a. Setting priorities for the JEIT’s activities; b. Ensuring that there are sufficient financial resources for the JEIT’s ongoing activities; c. Organizing joint training activities for the JEIT; d. Receiving complaints with regards to JEIT activities; e. Serving as a liaison with the governments of the Party and with the Commission with regards to policy coordination and implementation; f. Evaluating the effectiveness of the JEIT enforcement work; and g. Providing consultation to the Parties and to the Commission with regards to the implementation and enforcement of their responsibilities to promote compliance under this Agreement.

?d^ci:ck^gdcbZciVa>cheZXi^dcIZVbh 11.

The Commission shall establish, upon the signing of this Agreement, six JEITs under the control and supervision of the JEES, which shall commence operation immediately. One JEIT will be established for each of the following areas of implementation and be staffed with representatives with expertise in the subject matter to be monitored by the particular team: air quality, water quality, solid and hazardous waste, parks, nature reserves and regulation of hunting, pesticides, and biodiversity (including rabies control).


Environment

12.

13.

14.

15. 16.

Each team that works as part of the network of the JEIT will have specific responsibilities and expertise regarding a given environmental media and violations that may arise in that context. Yet the teams will also work in concert and provide back up and support when enforcement activities require additional manpower or enforcement presence. Coordination will be overseen by the JEES. The JEITsâ&#x20AC;&#x2122; mandate shall be: a. Searching and investigating breaches; b. Monitoring compliance; c. Desiging and implementing emergency corrective actions; d. Laising with national enforcement authorities; and e. Providing investigation material to national authorities. Each JEIT shall be comprised of an equal number of no less than two representatives from each Party. Each Party will provide a vehicle for the member of a JEIT, unless otherwise agreed. The JEES may agree on changes in the number of JEITs and their structure. Each Party will pay its own costs, as required to carry out all tasks detailed in this Article. Common costs will be shared equally. The JEIT shall operate, in the field, to monitor, supervise and enforce the implementation of this Agreement and to rectify the situation whenever an infringement has been detected, and take actions to: a. Prevent air pollution emissions that exceed performance standards, the illegal burning of garbage and other violations of the air quality standards; b. Prevent unauthorized dumping of solid wastes; c. Prevent the utilization of unapproved pesticides and agricultural practices; d. Prevent illegal discharges into the marine environment; e. Prevent the transport of hazardous materials without a permit or the disposal of hazardous wastes in facilities that are not approved hazardous waste disposal sites; f. Stop inappropriate activities in transboundary parks and nature reserves as well as illegal hunting; g. Stop activity that requires an EIS that has begun without an approved EIS;

305


The Geneva Initiative

306

h.

17.

Monitor and enjoin construction that is unauthorized or that may cause transboundary environmental damage; i. Prevent other violations of environmental norms stipulated in this Agreement or conduct compliance campaigns that have been defined by the JEES; and j. Ensure the execution of the instructions of the Commission on the operation of monitoring and measurement systems. Activities of the JEIT shall be in accordance with the following: a. The JEIT shall be entitled, upon coordination with the relevant authorities and with the assistance of the local police forces to free, unrestricted and secure access to all industrial and potential polluters that are not designated as security zones, including those privately owned or operated, as required for the fulfillment of their function; b. All members of the JEIT shall be issued identification cards, in Arabic, Hebrew and English containing their full names and a photograph; c. Each JEIT will operate in accordance with a regular schedule of site visits to prioritized sites approved by the Commission, based on their potential to become sources of transboundary pollution; d. A member of the JEES or Commission may require that a JEIT visit a particular industrial plant, waste disposal site, agricultural operation, nature reserve, etc. in order to ensure that no infringements of this Agreement have occurred. When such a requirement has been issued, a JEIT shall visit the site in question as soon as possible, and no later than within 24 hours. Members of the JEES or Commission shall be able to join a JEIT for visits in their own country or for visits in the territory of the other Party and shall enjoy the status of observers; e. If the JEIT cannot agree on the actions to be taken, the matter will be referred immediately to the JEES for a decision; f. Upon arrival at a site, the JEIT shall collect and record all relevant data, including taking photographs as required, and ascertain whether an infringement has occurred. In such cases, the JEIT shall take all necessary measures to rectify it, and reinstate the status quo ante, in accordance with the provisions of this Agreement;


Environment

g.

h.

307

The JEIT shall be assisted by those institutions in both Parties established to coordinate security arrangements as well as the Multinational Force and other security mechanisms established under the final Peace Agreement, to enable the JEIT to implement its functions. In addition, local law enforcement agencies in both parties will support the JEIT when their authorities are required for successful enforcement work. The JEIT shall report their findings and operations to the JEES, using forms which will be developed by the JEES and provide it with an annual report about its activities. The JEES shall review the JEITs’ reports and submit a report summarizing the JEITs’ activities on an annual basis to the Commission.

8^i^oZcVcYCdc"<dkZgcbZciVaDg\Vc^oVi^dcHjWb^hh^dch 18.

The JEES shall consider a submission from any NGO or person asserting that a Party is in violation of this Agreement, if the JEES finds that the submission: a. Is in writing (in Arabic, Hebrew, or English); b. Clearly identifies the person or organization making the submission; c. Provides sufficient information to allow the JEES to review the submission, including any documentary evidence on which the submission may be based; d. Appears to be aimed at promoting enforcement rather than at harassing the identified person or facility; e. Indicates that the matter has been communicated in writing to the relevant authorities of the Party and indicates the Party’s response, if any; f. Is filed by a person or organization residing or established in the territory of a Party; and g. Indicates that available remedies under the Party’s law have been pursued.


308

19.

20.

21.

The Geneva Initiative

Where the JEES determines that a submission meets the criteria set out in paragraph 17, after conferring with local enforcement authorities in the Parties to see if enforcement actions are not already taking place, the JEES may immediately decide to recommend enforcement action by the JEIT. Alternatively, it may request a response from the Party. Where the JEES makes such a request, it shall forward to the Party a copy of the submission and any supporting information provided with the submission. The Party shall advise the JEES within 30 days or, in exceptional circumstances and on notification to the JEES, within 60 days of delivery of the request: a. Whether the matter is the subject of a pending judicial or administrative proceeding, in which case the JEES shall proceed no further and of any other information that the Party wishes to submit; b. Whether the matter was previously the subject of a judicial oradministrative proceeding; and c. Whether private remedies in connection with the matter are available to the person or organization making the submission and whether they have been pursued. Within 30 days of receiving a response from a Party concerning a submission that has been forwarded to that Party pursuant to paragraph 17 the Subcommittee shall report accordingly to the Commission and if it deems appropriate, recommend enforcement action be taken by the JEIT. A letter to the individual or organization alleging violation, describing the JEESâ&#x20AC;&#x2122;s response or decision to decline to respond, shall be sent at that time.


Environment

EVginHjWb^hh^dch 22.

23.

24.

25.

26.

If a Party has concerns regarding the other Partyâ&#x20AC;&#x2122;s implementation of its obligations under this Agreement, those concerns may be addressed in writing to the JEES. Such a submission shall be supported by corroborating information. Upon receiving the submission, the JEES may immediately decide to direct enforcement action by the JEIT. Alternatively, it may transmit a copy of that submission to the Party whose implementation of a particular provision of the Agreement is at issue and to the Commission. The Party shall provide a reply to the JEES within 30 days or, in exceptional circumstances, and on notification to the JEES, within 60 days of delivery of the submission. Where a Party concludes that, despite having made its best, bona fide efforts, it is unable to comply fully with its obligations under the Agreement, it may address to the JEES a submission in writing, explaining, in particular, the specific circumstances that it considers to be the cause of its noncompliance. The JEES shall consider the information submitted under paragraphs 21-23 as soon as practicable. The JEES shall consider the submissions, monitoring data and other information gathered by the JEIT(s) with a view to securing an amicable solution of the matter on the basis of respect for the provisions of the Agreement. Not later than 30 days following receipt of the submissions submitted under paragraphs 21-23, the JEES shall report to the Commission, including any recommendations it considers appropriate to bring about full compliance with the Agreement. The report, which shall not contain any information received in confidence, shall be made available to any person upon request. The Commission may approve a recommended enforcement action by the JEIT or the JEES, reject the recommendation, or forward the matter for resolution under Article 19 of this Agreement.

309


The Geneva Initiative

310

'+$ ;WhboMWhd_d]FhejeYebiWdZ ;c[h][dYoH[ifedi[ <ZcZgVa 1.

2.

3.

4.

5.

6.

7.

8.

The Parties shall establish early warning systems covering environmental accidents or related events in either Israel or Palestine. Such events may include spills of hazardous materials, oil discharges, or any event with the potential for transboundary effects on human health and/or significant impacts on the environment. The Parties shall inform the Commission of the individual or agency which is to serve as the appropriate point of contact for overseeing early warning protocols and emergency responses. In cases where transboundary environmental impacts are anticipated, the Party in whose jurisdiction an accident or other event occurs shall immediately inform the other Party through the agreed point of contact. Each Party is responsible for managing environmental accidents or related events in its territory and for deciding whether it needs external help to respond. The Parties will establish a framework for a cooperative emergency response to handle accidents or other events that may produce transboundary impacts. The framework shall be coordinated by the points of contact. The Commission will establish a Subcommittee to develop protocols for early warning of and responses to environmental accidents or events with a transboundary impact that create emergencies. The Subcommittee shall be comprised of an equal number of representatives from each Party. The warning system will enable a swift and effective response to emergencies that may have transboundary impacts on human health and/ or the environment. Detailed information on the implementation of the early warning system by each Party shall be provided to the other Party, within three months after the entry into force of this Agreement. This information on the early warning systems shall include individual points of contact for each Party, who will be continuously available for an expeditious response. The Parties will make arrangements to share information, ensure coordination and enable collective decision-making during a response to an emergency.


Environment

9.

10.

The Parties recognize that an effective strategy for managing transboundary risks from environmental accidents or events should focus both on preparedness as well as managing the consequences of such events. The parties shall give priority to prevention and mitigation and thus shall take precautionary measures to prevent, monitor and mitigate accidents and event with environmental impacts. The Parties, in addressing transboundary environmental risks, shall involve, as appropriate, all the relevant authorities at national, regional and international level: all stakeholders including local communities, non-governmental organizations and private enterprises, utilizing, among others, community-based disaster preparedness and early response approaches.

G^h`>YZci^Ă&#x2019;XVi^dc6hhZhhbZciVcYBdc^idg^c\ 11.

12. 13.

14.

Each Party shall take appropriate measures to identify risks in its respective territories covering, among others, the following aspects: a. Natural and human-induced hazards; b. Risk assessment; c. Monitoring of vulnerabilities; and d. Emergency management capacities. The Parties shall assign risk levels to each identified hazard according to agreed criteria. The Ministry of Environment in each Party shall communicate the above information to the Commission. Information that is deemed as having a direct bearing on national security or industrial trade secrets will not be communicated. The Commission shall receive and consolidate data including recommendations on risk levels from the Parties. On the basis of such information, the Subcommittee shall define a regional risk-analysis system which will disseminate the information to the Parties and will conduct analysis on possible regional-level implications.

311


312

The Geneva Initiative

EgZkZci^dcVcYB^i^\Vi^dc 15.

16.

17.

18.

The Parties shall, jointly or individually, develop strategies to identify, prevent and reduce risks and potential emergencies arising from hazardous materials, dangerous facilities, industrial processes , or other potential environmental hazards. Each Party shall undertake measures to reduce damages from environmental accidents or related events which include: a. Developing and implementing legislative and other regulatory measures, as well as policies, plans, programs and strategies; b. Strengthening local and national emergency management capability and co-ordination; and c. Promoting public awareness and education and strengthening community participation. The Parties shall co-operate in developing and implementing regional environmental accident prevention and mitigation programs to complement national-level efforts. This shall include exercises and simulations to prepare for emergency situations coordinated by the Commission and the points of contact. The Commission shall facilitate training and ensure that exercises will deal with realistic and up-to-date scenarios. It will exchange know-how and experience, scenario building and training exercises and will establish crisis management and rapid alert and civil protection mechanisms.

:VganLVgc^c\HnhiZb 19.

The parties shall, as appropriate, establish, maintain and periodically review national emergency warning arrangements including: a. Regular risk assessment; b. Early warning information systems; c. Communication network for timely delivery of information; and d. Public awareness and preparedness to act upon the early warning information.


Environment

20.

The Parties shall co-operate, as appropriate, to monitor hazards which have transboundary effects, to exchange information and to provide early warning information through appropriate arrangements.

EgZeVgZYcZhh 21.

22.

23.

The Parties shall, jointly or individually, develop strategies and contingency response plans to reduce damage from environmental accidents or related events. The Subcommittee established under section 5 above shall, as appropriate, prepare Standard Operating Procedures for regional cooperation and national action required, as well as enhance their national capacities, including the following: a. Regional standby arrangements for emergency relief and response; b. Utilization of military and civilian personnel, transportation and communication equipment, facilities, goods and services and to facilitate their trans-boundary movement; and c. Co-ordination of joint disaster relief and emergency response operations. The Commission shall, in this context: a. Be informed regularly by the Parties of their available resources for the regional standby arrangements for emergency relief and response; b. Facilitate the establishment, maintenance and periodical review of regional standby arrangements for emergency relief and response; and c. Facilitate periodic review of regional standard operating procedures.

313


314

The Geneva Initiative

IZX]c^XVa8d"deZgVi^dc 24.

In order to increase preparedness and to mitigate environmental accidents, the Parties shall undertake technical co-operation, which will be facilitated by the Commission, including the following: a. Facilitate mobilization of appropriate resources; b. Promote the standardization of the reporting format of data and information; c. Promote the exchange of relevant information, expertise, technology, techniques and know-how; d. Provide or make arrangements for relevant training, public awareness and education, in particular, relating to disaster prevention and mitigation; e. Develop and undertake training programs for policy makers, emergency managers and emergency responders at local, national and regional levels; and f. Strengthen and enhance the technical capacity of the Parties to implement this Article.

GZ]VW^a^iVi^dc 25.

26.

The Parties, jointly or individually, will conduct a post-accident analysis. The data will be transformed and/or conducted through the Commission which will perform and formalize a final regional analysis of the data. For the purpose of the implementation of this Article, the Parties shall, jointly or individually, develop strategies and implement programs for rehabilitation as a result of an environmental accident or related event. The Parties shall promote, as appropriate, bilateral, regional and international co-operation for rehabilitation.


Environment

',$ IY_[dj_Ă&#x201C;YH[i[WhY^\eh ;dl_hdec[djWb9eef[hWj_ed <ZcZgVa 1.

The objective of this Article is to establish a framework for enhancing bilateral cooperation between the Parties to engage in scientific research for protecting, improving and preserving the environment, including the conservation and sustainable use of their natural and cultural resources.

BdYVa^i^Zhd[8ddeZgVi^dc 2.

Cooperation between the Parties shall be accomplished by the: a. Exchange of scientists, research workers, specialists, and scholars; b. Exchange of scientific and technological information and documentation; c. Organization of bilateral scientific and technological seminars and courses in areas of mutual interest; and d. Joint identification of environmental problems, the formulation, funding and implementation of joint research programs, the application of the results of such research in the environmental field, and the exchange of experience and know-how resulting therefrom.

:hiVWa^h]bZcid[Vc:ck^gdcbZciVaGZhZVgX]HjWXdbb^iiZZ 3.

The Commission shall establish an Environmental Research Subcommittee (ERS) that will be overseen by the Commission. The ERS shall be comprised of an equal number of representatives from each Party, and it shall be comprised of no fewer than five representatives from the academic community from each country with expertise in environmental and ecological sciences, environmental engineering, economics and policy. Each Party shall also designate a senior government official from its relevant national authority to serve as its representative on the ERS.The ERS shall be responsible for: a. Establishing priorities for cooperative activities; b. Developing a work program as described in paragraph 7 of this Article, in accordance with those priorities; and c. Examining and evaluating cooperative activities.

315


316

4.

5.

6.

The Geneva Initiative

The ERS shall meet within one year after its establishment and as appropriate thereafter. Each Party shall designate a member to serve as co-chair of the ERS. All decisions of the ERS shall be made by consensus, unless the ERS decides otherwise. These decisions shall be made public by the ERS, unless it decides otherwise, or as otherwise provided in this Agreement. The joint chairmen of the ERS shall submit a report to the Commission regarding the activities each year on February 1, which will be posted on the Commissionâ&#x20AC;&#x2122;s web site.

Ldg`Egd\gVb 7.

The work program developed by the ERS shall reflect shared priorities for cooperative activities and the common environmental problems for which additional information is needed, and shall be agreed upon by the Parties. The work program may include long-, medium-, and short-term activities related to: a. Economic analysis of environmental problems, including contingent value and cost-benefit studies; b. Monitoring of ambient environmental conditions and of emissions and discharges; c. Strengthening each Partyâ&#x20AC;&#x2122;s environmental management systems, including reinforcing institutional and legal frameworks and the capacity to develop, implement, administer and enforce environmental laws, regulations, standards and policies; d. Fostering partnerships to address current or emerging conservation and management issues, including personnel training and capacity building; e. Conserving and managing shared, migratory, and endangered species in international commercial trade and management of marine and terrestrial parks and other protected areas; f. Promoting best practices leading to sustainable management of the environment and reduction of green house gas emissions;


Environment

g.

8.

Facilitating technology development and transfer and training to promote the use, proper operation and maintenance of clean production technologies; h. Developing and promoting environmentally beneficial goods and services; i. Studying particular health effects of transboundary pollution on local communities; j. Developing joint environmental curirricula for the school systems; and k. Any other areas for environmental cooperation on which the Parties may agree. In developing cooperative programs, projects and activities, the Parties shall develop benchmarks or other types of performance measures to assist the ERS in its ability to examine and evaluate the progress of specific cooperative programs, projects and activities in meeting their intended goals. The ERS should consider the extent to which the activities taken collectively contribute to the fulfillment of the Partiesâ&#x20AC;&#x2122; long-term national and/or regional environmental goals. As appropriate, the ERS may draw upon relevant benchmarks that have been established through other mechanisms.

;VX^a^iVi^dcd[IZX]c^XVa6hh^hiVcXZ 9.

10.

Each Party shall facilitate, in accordance with its laws and regulations, dutyfree entry for materials and equipment provided pursuant to cooperative activities provided for under this Agreement. Each Party shall facilitate the entry of equipment and personnel related to this Agreement into its territory, subject to its laws and regulations.

:mX]Vc\Zd[>c[dgbVi^dc 11.

The Parties shall promote cooperation among scientific libraries, centres of scientific and technological information, and scientific institutions for the exchange of books, periodicals and bibliographies, including the exchange of information and documents by means of electronic information and communications networks.

317


318

The Geneva Initiative

A^iZgVgnLdg`h 12.

13.

14.

In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software, arising from joint research pursuant to this Agreement, the other Party shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works. The Parties shall ensure that literary works of a scientific character arising from joint research pursuant to this Agreement and published by independent publishers shall be disseminated as widely as possible. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author or authors of the work unless an author or authors expressly declines or decline to be named. Copies shall also bear a clearly visible acknowledgement of the co-operative support of the Parties.


Environment

'-$ JhWdifWh[dYoe\;dl_hedc[djWb?d\ehcWj_edWdZ FWhj_Y_fWj_edXoj^[FkXb_Y"Ded]el[hdc[djWb Eh]Wd_pWj_ediWdZEj^[h?dij_jkj_edi <ZcZgVa 1.

2.

3.

4.

The Parties recognize the importance of access to environmental data as a precondition to effective environmental policies. Information about the environmental conditions and activities affecting the environment that have transboundary significance need to be shared between the Governments of the Parties. The Parties shall adopt international procedures to guarantee the availability of data on environmental issues, and in particular the approach of the Aarhus Convention concerning environmental information and public participation. The Parties agree that data relating to matters covered by the current Agreement shall be made available to the other Party and to the public, with the exception of data or information that is deemed a trade secret or that is vital to its national defence or security. Involvement of the Palestinian and the Israeli publics in the shared environmental challenges is critical if the environmental objectives of this Agreement are to be attained. The Parties seek to engage the public by facilitating participation in policy making, encouraging campaigns to improve the environment and providing maximum information and data about environmental conditions.

9ViVIgVcheVgZcXnVcY:mX]Vc\Z 5.

6. 7.

Data related to matters covered by this Agreement shall be made available with the exception of data or information vital to national security, or that is deemed a “trade secret” or other exceptions delineated in Article 4 of the Aarhus Convention. Information that characterizes the emissions of a facility will not be considered a “trade secret” under this Agreement. Each Party will ensure that data sets, and other information about the environment which they have collected that may be considered relevant to environmental conditions in the other Party, will be translated into English.

319


320

8.

9.

10.

11.

12.

The Geneva Initiative

The Parties shall provide sufficient information to the public about the type and scope of environmental information held by the relevant public authorities, the basic terms and conditions under which such information is made available and accessible, and the process by which it can be obtained. Each Party shall ensure that environmental information progressively becomes available in English electronic databases which are easily accessible to the public through public telecommunications networks. Information accessible in this form should include: a. Reports on the state of the environment; b. GIS based information on operators with significant transboundary impact on the environment, including licenses and monitoring results; c. Texts of legislation on or relating to the environment; d. As appropriate, policies, plans, standards and programs on or relating to the environment, or environmental agreements with potentially significant transboundary environmental impacts; and e. Other information that might reflect on the possibility of transboundary influences on the environment of the other Party. Each Party shall, at regular intervals not exceeding three or four years, publish and disseminate a national report on the state of the environment, including information on the quality of the environment and information on pressures on the environment. Each Party shall encourage operators whose activities have a significant impact on the environment to inform the public regularly of the environmental impact of their activities and products, where appropriate within the framework of voluntary eco-labeling or eco-auditing schemes or by other means. Each Party shall: a. Publish the facts and analyses of facts which it considers relevant and important in framing major environmental policy proposals that may have a transboundary impact; b. Publish, or otherwise make accessible, available explanatory material on its dealings with the public in matters falling within the scope of this Agreement; and


Environment

c.

13.

14.

Provide in an appropriate form, information on the performance of public functions or the provision of public services relating to the environment by government at all levels. The Commission will maintain a website in which data and information relevant to this Agreement will be accessible in Hebrew, Arabic and English. The Parties agree that the primary contact points for the exchange of environmental data between them shall be the Ministry of Environment in Israel and the Environmental Authority in Palestine. Each Party agrees to establish an Environmental Data Unit and nominate representatives within its respective Ministry to act as a central repository and contact point for environmental data of all types.

EjWa^XEVgi^X^eVi^dc 15. 16.

17. 18.

Each Party shall endeavor to provide opportunities for public participation in the preparation of policies relating to the environment. Each Party shall make appropriate practical provisions for the public to participate during the preparation of plans, programs and regulations that may affect the environment, within a transparent and fair framework, having provided the necessary information to the public. Unless otherwise agreed, the Commission shall include public sessions in the course of its regular meetings. The Commission shall encourage and facilitate, as appropriate, direct contacts and cooperation among government agencies, multilateral organizations, foundations, universities, research centers, institutions, nongovernmental organizations, firms and other entities of the Parties, and the conclusion of implementing arrangements among them for the conduct of cooperative activities under this Agreement.

321


The Geneva Initiative

322

'.$ <_dWdY_WbH[iekhY[i <ZcZgVa 1.

2.

3.

Given the central importance of financing to the achievement a healthy common environment and to preservation of the ecological integrity of the region, the Parties, taking into account their capabilities, shall make every effort to ensure that adequate financial resources are available to implement the Agreement. The Parties recognize that their present economic capabilities are not symmetrical and that special efforts will need to be made to attain additional international assistance for Palestinian environmental infrastructure as well as funding for the human resources and operational expenses associated with Palestinian environmental protection activities. As funding will be essential to enable full Palestinian participation in the institutions of this agreeements and to provide them with the necessary capacity to meet the commitments of this agreement, the Parties call on the international community to priotize aid that will allow for effective Palestinian implementation of this agreement.

;^cVcX^c\BZX]Vc^hbh 4.

The Parties, independently and through coordinated efforts of the Commission, undertake to: a. Mobilize substantial financial resources, including grants and concessional loans, in order to support the implementation of environmental protection and nature preservation programs; b. Promote the mobilization of adequate, timely and predictable financial resources, including new and additional funding from the Global Environment Facility for Palestinian initiatives that relate to its focal areas; c. Facilitate through international cooperation the transfer of technology, knowledge and know-how; and


Environment

d.

5.

6.

Explore, in cooperation with other Middle Eastern countries, innovative methods and incentives for mobilizing and channeling financial resources to support Palestinian infrastructure projects and environmental protection activities as well as public activities that encourage cooperation between Israelis and Palestinians in the environmental realm. Financial resources shall be sought among foundations, governments, nongovernmental organizations and other private sector entities, particularly debt swaps and other innovative means which increase financing by reducing the external Palestinian debt burden. In order to mobilize the financial resources necessary for the infrastructure, human resources and operational costs associated with Palestinian environmental protection efforts, the Parties shall: a. Rationalize and strengthen the management of resources already allocated for environmental protection by using them more effectively and efficiently, assessing their successes and shortcomings, removing hindrances to their effective use and, where necessary, reorienting programs in light of the integrated long-term approach required by this Agreement; b. Encourage due priority and attention within the governing bodies of multilateral financial institutions, facilities and funds, including regional development banks and funds, to support Palestinian initiatives required for the implementation of this Agreement; c. Examine ways in which regional and subregional cooperation can be strengthened to support efforts undertaken at the national level. The Commission shall promote the availability of financial mechanisms and shall utilize such mechanisms to seek to maximize the availability of funding for Palestinian environmental activities as well as activities that promote environmental cooperation between the Parties. In particular, the Commission will: a. Maintain a list of environmental projects and grant proposals associated with implementation of this agreement that are ready for immediate implementation for presentation to potential donors;

323


The Geneva Initiative

324

b.

c.

d.

Provide to the Parties and relevant intergovernmental and nongovernmental organizations information on available sources of funds and on funding patterns on a regular basis in order to facilitate coordination among them; Facilitate the establishment, as appropriate, of mechanisms, such as national environmental protection funds, including those involving the participation of non-governmental organizations, to channel financial resources rapidly and efficiently to the local level for coordinated environmental protection activities; and Prepare a report on its activities to generate funding for environmental activities on an annual basis to the Parties which inter alia assesses the adequacy of available funding and prioritizes the specific areas in need of additional support to ensure implementation of this Agreement.


Environment

'/$ 9edikbjWj_edWdZH[iebkj_ede\:_ifkj[i 1.

2. 3.

4. 5.

6.

7.

8.

Either Party may request in writing consultations with the other Party regarding whether there has been a meaningful violation of this Agreement or a persistent pattern of failure by the other Party to effectively comply with the terms of this Agreement or enforce its environmental laws and regulations and thereby prevent transboundary environmental damage. In such consultations, the Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. If the Parties fail to resolve the matter within 60 days of delivery of a request for consultations, or such other period as the Parties may agree, either Party may request in writing a special session of the Commission. The requesting Party shall state in the request the matter complained of and shall deliver the request to the Foreign Minister of the other Party. Unless agreed otherwise, the Commission shall convene within 20 days of the delivery of the request and shall endeavour to resolve the dispute promptly. The Commission may: a. Call on such technical advisers or create such working groups or expert groups as it deems necessary; or b. Have recourse to good offices, conciliation, mediation or such other dispute resolution procedures; or c. Make recommendations, as may assist the Parties to reach a mutually satisfactory resolution of the dispute. Any such recommendations shall be made public if the Commission so decides. Where the Commission decides that a matter is more properly covered by another agreement or arrangement to which the Parties are party, it shall refer the matter for appropriate action in accordance with such other agreement or arrangement. If the matter has not been resolved within 60 days after the Commission has convened, the Commission shall, on the written request of either Party, convene an arbitral panel to consider the violation or the alleged persistent pattern of failure by the Party complained against to effectively enforce its environmental laws and regulations and prevent transboundary environmental damage.

325


326

9.

10.

11.

12.

13.

The Geneva Initiative

The Commission shall establish and maintain a roster of up to 30 individuals with expertise in environmental matters, six of whom must not be citizens of either of the Parties, who are willing and able to serve as panelists. Roster members shall: a. Have expertise or experience in environmental law or its enforcement, or in the resolution of disputes arising under international agreements, or other relevant scientific, technical or professional expertise or experience; b. Be chosen strictly on the basis of objectivity, reliability and soundjudgment; and c. Be independent of, and not be formally affiliated with or take instructions de facto from either Party or an enterprise which contributes to the activity in question or other enterprises which maintain significant industrial activities in either party. An arbitral panel (hereinafter: the Panel) shall be comprised of one Israeli panelist, one Palestinian panelist and one international panelist who will serve as chair. The roster members shall be appointed by mutual agreement of the Commission. The members expenses shall be paid by the Commission or by the Parties. The Panel shall convene within 20 days of its establishment and establish its own rules of procedure and summarize them in writing. In the event of disagreement, the chair of the Panel is empowered to determine the procedures. These procedures shall provide: a. A right to at least one hearing before the Panel; b. The opportunity to make initial and rebuttal written submissions; and c. That no Panel may disclose which panelists are associated with majority or minority opinions. On request of either Party, or on its own initiative, the Panel may seek information and technical advice from any person or body that it deems appropriate. The Panel may visit the site of the controversy and request that measurements be made in its vecinity. Unless the Parties otherwise agree, the Panel shall base its report on the submissions and arguments of the Parties and on any information it has gathered or received.


Environment

14.

15.

16. 17. 18.

19.

20.

Unless the Parties otherwise agree, the Panel shall, within 60 days afterconvening, present to the Parties an initial report containing: a. Findings of fact; b. Its determination as to whether there has been a meaningful violation of the Agreement or a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, or any other determination requested in the terms of reference; and c. In the event the Panel makes an affirmative determination, its recommendations, if any, for the resolution of the dispute, including a plan of action for reaching a state of compliance. Unless their exist unusual mitigating circumstances, resolution of the dispute will normally require that the Party complained against adopt and implement an action plan sufficient to remedy the pattern of noncompliance or nonenforcement. The Panel shall consider the economic consequences of any ruling in any time table that it sets for implementation of the action plan. Panelists may furnish separate opinions on matters not unanimously agreed. Either Party may submit written comments to the Panel on its initial report within 30 days of presentation of the report. In such an event, and after considering such written comments, the Panel, on its own initiative or on the request of either Party, may: a. Request the views of the Parties; b. Reconsider its report; and c. Make any further examination that it considers appropriate. The Panel shall present to the Parties and to the Commission a final report, including any separate opinions on matters not unanimously agreed, within 60 days of presentation of the initial report, unless the Parties otherwise agree. If, in its final report, the Panel determines that there has been a violation of the Agreement or a persistent pattern of failure to effectively enforce its environmental laws and regulations to prevent transboundary pollution, the Parties may agree on a mutually satisfactory action plan, which normally shall conform with the determinations and recommendations of the panel.

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A complaining Party may, at any time beginning 180 days after a Panel determination request in writing that a Panel be reconvened to determine whether the Party complained against is fully implementing the action plan. On delivery of the request to the other Party, the Commission shall reconvene the Panel. The Panel shall make the determination within 60 days after it has been reconvened or such other period as the Parties may agree.


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329

7ff[dZ_n[i 7ff[dZ_n'$ >ciZgcVi^dcVa6\gZZbZcihGZaZkVciIdI]Z:ck^gdcbZciL]^X]6gZId 7ZGVi^ÒZY6cY>beaZbZciZY7nI]ZEVgi^ZhJcYZg6gi^XaZ'&% ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ ǩ

ǩ ǩ ǩ ǩ

ǩ

The Agreement for the Establishment of a General Fisheries Council for the Mediterranean (1949). The Convention for the Establishment of the European and Mediterranean Plant Protection Organisation (as amended in 1951). The International Plant Protection Convention (1951) and its revised text, which entered into force in 1991. The International Convention for Prevention of Pollution of the Sea by Oil (1954), as amended in both 1962 and 1969. The Convention on the High Seas (1958). The Convention on the Continental Shelf (1958). The Convention on the Territorial Sea and the Contiguous Zone (1958). The Convention on the International Maritime Organization (1958). The Convention on Fishing and Conservation of the Living Resources of the High Seas (1958). The Convention on Wetlands of International Importance Especially as Wildlife Habitat (1971; widely known as the Ramsar Convention). The International Convention for the Prevention of Pollution from Ships (1973), as modified by the Protocol of 1978. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The Convention for the Protection of the Mediterranean Sea Against Pollution (1976), and four related Protocols concerning cooperation in cases of emergency oil spills; the prevention of pollution from ships and aircraft; protection against pollution from land-based sources; and protection against pollution from exploration and exploitation of the continental shelf. The Convention on the Conservation of Migratory Species of Wild Animals (1979). The Protocol Concerning Mediterranean Specially Protected Areas (1982). The Vienna Convention for the Protection of the Ozone Layer (1985). The Montreal Protocol on Substances that Deplete the Ozone Layer (1987), plus the London Amendment of 1990, and the Copenhagen Amendment of 1992. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989).


330

ǩ ǩ ǩ ǩ ǩ ǩ

ǩ

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The Convention on Biological Diversity, which arose from the United Nations Conference in Rio de Janeiro (1992). The United Nations Framework Convention on Climate Change (1992). The Bahrain Environmental Code of Conduct for the Middle East (1994). The United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (1994). The Treaty of Peace Between the State of Israel and the Hashemite Kingdom of Jordan (1994). The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). The Declaration on Cooperation on Water-Related Matters of 13 February 1996, between Israel, Jordan and the Palestine Liberation Organization (which arose from the Multilateral Working Group on Water Resources).


Environment

Appendixes

7ff[dZ_n($ 9ZÒc^i^dcd[H^\c^ÒXVcXZ[dgGZfj^g^c\:ck^gdcbZciVa >beVXiHiViZbZcihjcYZg6gi^XaZ-- To determine whether a proposed project will have a “Significant” transboundary effect, both the context and the intensity of development should be considered. The context of the proposed project means that the significance of an proposed project must be analyzed in several contexts such as society as a whole (human, national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short- and long-term effects are relevant. The intensity of the proposed project refers to the severity of impact. The environmental authorities must bear in mind that more than one government body may make decisions about partial aspects of a major project. The following should be considered in evaluating intensity: 1. Impacts that may be both beneficial and adverse. A significant adverse effect may exist even if the Party believes that on balance the effect will be beneficial. 2. The degree to which the proposed project affects public health or safety. 3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, water bodies, or ecologically critical areas. 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. 6. The degree to which the project may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. 7. Whether the project is related to other projects with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts.

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8. 9. 10.

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The degree to which the project may adversely affect significant natural, scientific, cultural, or historical resources. The degree to which the project may adversely affect an endangered or threatened species or its habitat. Whether the action threatens a violation of international, national, local law or requirements imposed for the protection of the environment.


Environment

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333

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Common Name (English)

Scientific Name

ǩ Greater Horseshoe bat

ǩ Rhinolophus ferrumequinum

ǩ Euroasian Badger

ǩ Meles meles

ǩ Striped Hyaena

ǩ Hyaena hyaena

ǩ Mountain Gazelle

ǩ Gazella gazella gazella

ǩ Crested Newt

ǩ Triturus vittatus

ǩ Gunter`s Cylindrical Skink

ǩ Chalcides guentheri

ǩ Bonelli`s Eagle

ǩ Hieraaetus fasciatus

ǩ Lesser Kestrel

ǩ Falco naumanni

ǩ Bee-eater

ǩ Merops apiaster

ǩ Spectacled Warbler

ǩ Sylvia conspicillata

ǩ White broom

ǩ Retama raetam

ǩ Crown Anemone

ǩ Anemone coronaria

ǩ Sun`s-Eye Tulip

ǩ Tulipa agenensis

ǩ Terebinth tree

ǩ Pistacia palaestina

ǩ Kermes Oak

ǩ Quercus calliprinos

ǩ Lortet`s Iris

ǩ Iris lortetii

ǩ Three lobed Sage

ǩ Salvia fruticosa

ǩ Persian Cyclamen

ǩ Cyclamen persicum

ǩ Wild Marjoram

ǩ Origanum syriacum

ǩ Eastern strawberry tree

ǩ Arbutus andrachne


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Forest

Coridor

Nature reserves


Environment

Appendixes

335

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Joint Israeli-Palestinian Environmental Quality Commission

Joint Water Committee

Water Quality Subcommittee

Environmental Research Subcommittee

Joint Environmental Enforcement Subcommittee

JEITS

Emergency Response Subcommittee

Arbitral Panel

Land Use Planning Subcommittee

Parks and Landscapes


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ǩ Develop ambient water quality ǩ standards for shared water bodies. ǩ Establish water quality monitoring program. ǩ Develop best management practices for agricultural chemicals.

ǩ Establish priorities for cooperative activities. ǩ Develop work program. ǩ Examine and evaluate ǩ cooperative activities. ǩ Annual report to Commission.

ǩ Set priorities for JEITs. ǩ Ensure sufficient financial resources for JEITs. ǩ Organize training for JEITs. ǩ Liaise with Parties and Commission. ǩ Evaluate JEITs. ǩ Consult on implementation. ǩ Review submissions concerning violations of Agreement and render decisions.

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ǩ Develop protocols for early warning and emergency response. ǩ Define a regional risk analysis system. ǩ Prepare standard operating procedures for regional cooperation and national action. ǩ Enhance national capacities.

ǩ Recommend EIS be prepared for new development. ǩ Pursue planning studies addressing regional concerns. ǩ Commission and oversee review of binational masterplan for development. ǩ Work with Parties to involve public in development of plan. ǩ Create unit to address planning of coastal areas.

ǩ Develop five-year work plan. ǩ Oversee, direct, implement, monitor development of shared ecosystems. ǩ Adopt/publish criteria for high priority areas. ǩ Update list of high priority areas. ǩ Recommend to Parties appropriate designation for areas. ǩ Provide technical assistance. ǩ Prepare management plans


Environment

Appendixes

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ǩ ǩ

Adopt and publish rules of procedure. Conduct hearings on disputes and issue written decisions / reports.

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ǩ ǩ ǩ ǩ ǩ ǩ ǩ

Search and investigate breaches. Monitor compliance. Design and implement emergency corrective actions. Liaise with national enforcement authorities. Provide investigation material to national authorities. Ensure execution of the instructions of Commission. Prevent violations of the Agreement.

Inspection Teams

?d^ci8dbb^hh^dc

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General 1. Adopt rules of procedure, rules for inspections and hearings. 2. Prepare biennial progress reports. 3. Receive reports from Parties and Subcommittees. 4. Review efficacy of Agreement after 4 years. 5. Oversee activities of subcommittees. Air 1. 2. 3. 4. 5. 6.

Adopt and implement joint air quality monitoring program. Prepare a report considering feasibility of rail transport system. Prepare recommendations for imposition of carbon taxes. Prepare recommendations for adopting energy efficiency plans and develop alternative energy sources. Study possible cross-border power plants. Prepare progress report.

Solid Waste 1. Encourage cooperation in recycling/reuse/composting. 2. Establish common recyclable resource center.


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Haz Waste Prepare work plan to encourage cooperation in managing hazardous waste/ substances and develop a disposal facility in Palestine. Pesticides 1. Coordinate public education campaigns regarding elimination of mosquito habitat. 2. Coordinate minimum standards for pesticide application and minimum stds for application equipment. 3. Review applications to grant derogation to ban on aerial spraying. 4. Coordinate maximum pesticide residue limits. 5. Coordinate pesticide labeling between Parties. EISs 1. Recommend that Parties prepare EIS for certain projects. 2. Conduct oversight and facilitate transboundary EIS exchange and public participation. Land Use Planning 1. Establish and oversee Land Use Planning Subcommittee (LUPS). 2. Consider approving land use master plan. Transboundary Parks 1. Establish and oversee Parks Subcommittee. 2. Explore expanding migratory bird studies to include Jordan and Egypt. Aquatic Pollution Appoint Water Qality Subcommittee (with Joint Water Committee). Desertification Explore financial support for Palestinian activities to combat desertification.


Environment

Appendixes

Enforcement 1. Establish Joint Environmental Inspection Teams. 2. Establish Joint Environmental Enforcement Subcommittee. 3. Consider recommendations on enforcement from JEES. Emergency Response 1. Establish Subcommittee. 2. Consolidate information on potential risks from the Parties. 3. Coordinate training exercises and simulations. 4. Facilitate training. 5. Establish crisis management and rapid alert and civil protection mechanisms. 6. Facilitate establishment/maintenance and review regional standby arrangements. 7. Facilitate review of regional standard operating procedures. 8. Facilitate technical cooperation. 9. Prepare regional analysis of data collected from post-accident analysis submitted by Parties. Scientific Research Oversee ER Subcommittee. Transparency 1. Develop and maintain website to disseminate information relevant to Agreement (three languages). 2. Encourage/facilitate contacts/cooperation among specified agencies and organizations.

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Financial Resources 1. Coordinate efforts to seek funding to support commitments under the Agreement. 2. Coordinate efforts to coordinate transfer of technology, knowledge, and know-how. 3. Coordinate efforts to seek funds to support Palestinian infrastructure projects. 4. Promote the availability of financial mechanisms and use the mechanisms to maximize funds available. 5. Maintain list of environmental projects and grant proposals. 6. Provide information on available sources of funds. 7. Facilitate establishment of funding mechanisms. 8. Report on activities to generate funding. Dispute Resolution 1. Resolve disputes between Parties regarding implementation of Agreement 2. Establish and maintain roster of panelists for arbitral panel.


Environment

Appendixes

EVgi^Zh

341

Commission 1. Establish and maintain Commission. 2. Grant diplomatic status to members of Commission. Air 1. Adopt and enforce ambient air quality standards or regulations, periodically review and revise. 2. Establish pollutant emission limits for NOx, SO2, CO, ozone, PM and hazardous air pollutants. 3. Require major stationary sources to monitor emissions and report 4. Make emissions reports and monitoring data available to public. 5. Inventory major stationary source emissions. 6. Create inspection and oversight 7. Identify and rectify major stationary source violators. 8. Prepare timetable for adoption of BATNEEC for major stationary sources. 9. Prepare timetable for adoption of MACT for hazardous air pollutants. 10. Establish BATNEEC for quarries within one year. 11. Ban burning of garbage outside approved incinerators within one year. 12. Implement EU standards for fuel. 13. Adopt automobile emissions standards for new vehicles 14. Establish vehicle emission control system inspection and maintenance program within two years. 15. Seek to reduce greenhouse gas emissions. 16. Coordinate efforts to promote energy efficiency and development of renewable energy sources. 17. Promote energy conservation.


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Solid Waste 1. Enact legislation re: mandatory segregation of hazardous waste from other wastes. 2. Prepare solid waste reduction plans. 3. Prepare annual reports re: solid waste reduction progress. 4. Remove obstacles to export of recyclable raw materials. 5. Prohibit littering in public places, and establish enforcement procedures and penalties. 6. Enact legislation to prohibit uncontrolled waste disposal 7. Control transport of waste. 8. Establish and enforce rules for solid waste disposal facilities. 9. Review management plans of existing facilities. Haz Waste 1. Enact legislation to ensure hazardous waste properly disposed at licensed facilities and prohibit illegal transboundary shipment of hazardous waste. 2. Ensure availability of licensed disposal facilities for hazardous waste and medical waste. 3. Ensure proper training of persons involved in disposal of hazardous waste. 4. Prepare to minimize consequences of release of hazardous waste or substances. 5. Enact regulations to limit use of asbestos in construction and regulate asbestos removal. 6. Establish records system for hazardous waste transport/handling/disposal. 7. Participate in notification program re: transboundary shipments of hazardous waste. 8. Enforce laws regarding transboundary shipments of hazardous waste.


Environment

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343

Pesticides 1. Enact/enforce legislation regulating pesticides including permitting/ registration program and educational/advisory/extension health care services. 2. Reduce mosquito habitat. 3. Encourage homeowner pest control with alternatives to chemicals. 4. Encourage alternatives to chemical pest controls among farmers. 5. Ensure pesticides withdrawn from use in EU are withdrawn from use locally. 6. Prepare action plans with aim of reducing risks from pesticide use. 7. Require training for pesticide distributors and professional applicators. 8. Develop and implement pesticide application equipment inspection program. 9. Inventory and create action plan for disposal of obsolete/unusable pesticide stocks. 10. Notify when banning/severely restricting pesticide and prepare inventory of those previously banned/severely restricted. 11. Ban aerial spraying. EISs 1. Assess projects proposed to determine if there is likely to be significant, adverse transboundary environmental damage. 2. Notify other Party of proposed action, activity, or project that would likely create significant, adverse transboundary environmental damage. 3. Consult concerning continuous actions with significant, adverse transboundary environmental damage. 4. Take appropriate and cost-effective measures to prevent, reduce and control significant, adverse transboundary environmental damage. 5. Prepare EISs for projects with potentially significant, adverse transboundary impacts. 6. Participate in transboundary EIS process. 7. Prepare guidelines governing preparation of EISs. 8. Monitor/report on projects that required EIS.


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Land Use Planning 1. Designate representatives to LUPS. 2. Present major new development initiatives to LUPS for evaluation of potential impacts. 3. Ensure public and stakeholders involved in development of master plan. 4. Ratify land use master plan after approval by Commission. 5. Follow principles of integrated coastal zone management. Biodiversity 1. Cooperate in implementing policies conforming to internationally-accepted principles. 2. Enact laws to protect flora and fauna on protected species list; expand nature reserves. 3. Transfer of species to restore Palestinian populations. 4. Prepare action plan to protect open spaces/natural resources/biodiversity. 5. Prepare biennial report on state of biodiversity and progress in implementing action plans. 6. Prepare joint action plan for preservation of biodiversity and progress reports. Transboundary Parks 1. Establish transboundary protected areas including peace parks. 2. Transfer infrastructure and facilities of existing reserves in West Bank to Palestine (continue to operate as reserves). 3. Consider working with other Party to establish and preserve cultural and natural heritage sites. 4. Examine development of joint scientific and technical studies/research and center. 5. Cooperate to study bird migration, apply findings to protect birds/habitat/ migration areas. 6. Continue/expand joint-education programs on migrating birds. 7. Explore opportunities to promote ecotourism.


Environment

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345

Aquatic Pollution 1. Adopt ambient water quality standards with monitoring program. 2. Establish limits for wastewater discharge, monitor, and enforce. 3. Establish and enforce best management practices for agricultural chemicals. 4. Develop and direct bi-lateral program for preventing pollution. 5. Monitor waste dumping from ships and deploy clean-up vessels. 6. Establish bi-lateral emergency response program. 7. Adopt programs/measures to meet objectives. 8. Inventory major point sources that may affect shared water resources. 9. Identify major agricultural activities with potential to create runoff to shared water resources. Desertification 1. Draft and implement national action programs to combat desertification. 2. Jointly establish formal research and cooperation program to reduce soil degradation and provide alternate livelihoods for residents of arid regions. 3. Limit grazing. 4. Jointly establish benchmarks for assessing land degradation. Enforcement 1. Ensure judicial, quasi-judicial or administrative enforcement proceedings are available to remedy violations of environmental law. 2. Ensure citizen access to court. 3. Grant JEIT members access to sites, issue ID cards.


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Emergency Response 1. Establish early warning systems. 2. Appoint contact person, inform Commission. 3. Inform other Party of possible transboundary environmental impacts. 4. Manage environmental accidents. 5. Inform other Party about implementation of early warning system. 6. Share information, ensure coordination, enable collective decision-making during emergency response. 7. Prioritize prevention and mitigation. 8. Involve relevant authorities and stakeholders. 9. Identify risks and report to Commission. 10. Develop strategies to identify, prevent, reduce emergencies. 11. Undertake measures to reduce damages from accidents. 12. Develop/implement accident prevention and mitigation programs. 13. Establish, maintain and review national emergency warning arrangements. 14. Cooperate to monitor hazards. 15. Inform Commission of available resources for regional standby arrangements. 16. Undertake technical cooperation. 17. Conduct post-accident analysis, transmit data to Commission. 18. Develop rehabilitation strategies for environmental disasters. Scientific Research 1. Establish environmental research subcommittee. 2. Develop benchmarks to measure progress/success in cooperative research programs. 3. Facilitate duty-free entry of materials and equipment; and facilitate entry of equipment and personnel. 4. Promote cooperation among scientific libraries, centers, and institutions. 5. Allow other Party to reproduce publications arising from joint research, ensure wide publication of literary works arising from joint research, and copies of works to include author names and acknowledge cooperative support of Parties.


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347

Transparency 1. Adopt international procedures to facilitate access to information and public participation. 2. Make information generated under the Agreement available to other Party and the public. 3. Profice information to the public about the information held by authorities and how it can be obtained. 4. Facilitate public participation. 5. Translate collected information that is relevant to the other Party to English. 6. Develop English-language, web-accessible databases to disseminate environmental information. 7. Periodically publish and distribute report on state of the environment. 8. Encourage operators to inform public about environmental impact. 9. Publish facts/explanatory material supporting environmental policy proposals, actions under Agreement, and provide information about performance of public functions. 10. Establish Environmental Data Unit to serve as repository for environmental data. 11. Provide opportunities for public participation in preparation of policies, plans, programs and regulations. Financial Resources 1. Mobilize substantial financial resources. 2. Promote adequate, timely, and predictable financial resources. 3. Facilitate transfer of technology, knowledge, and know-how. 4. Explore obtaining financial resources to support Palestinian infrastructure projects. 5. Rationalize and strengthen the management of resources already allocated for environmental protection. 6. Encourage priority and attention from financial institutions. 7. Examine regional cooperation. Dispute Resolution Attempt to arrive at mutually satisfactory resolution to disputes.


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;nfbWdWjehoDej[i

>cigdYjXi^dc This document seeks to describe the rationale and the sources that inform the proposed agreement to facilitate environmental cooperation between the governments of the State of Israel and the Palestinian National Authority (hereinafter referred to as “the Parties”). It provides an extensive bibliography of both legal instruments and scholarly references that have been utilized in the drafting of the Agreement.

EgZVbWaZ The Agreement seeks to set forward a series of general principles through the Preamble which both serve as an expression of common values shared by the Parties and as a basis for interpreting the Agreement during the implementation phase. The language and style of Article 1 draws from a number of bi-lateral environmental agreements, most notably, the Great Lakes Water Quality Agreement of 1978 as amended by the Protocol signed on November 18, 1987. Among the substantive principles adopted at the outset of the Agreement are: 1. The continuity between the present Agreement and previous commitments to environmental cooperation; 2. Recognition of Palestine and Israel as a single ecological unit that requires common management; 3. Embracing several key principles of international law as a basis for interpreting the commitments such as “pollution prevention”, “the precautionary principle” and sustainable development; and 4. Transparency and public involvement are strategic objectives for ensuring improved cooperation and environmental results. The preamble addresses directly some of the past obstacles to progress in environmentalactivities through the call for enforcement as part of the present Agreement and theintegration of international representatives in the implementation implementation phase through an empowered Joint Environmental Quality Commission.


Environment

Explanatory Notes

6gi^XaZ&"9ZÒc^i^dch Most of the definitions that appear in Article 2 of the Agreement are generic and technical in nature, having been adapted for the present circumstances from relevant bilateral or multilateral instruments. The Agreement seeks to put forward definitions that are clear, not excessively technical and rooted in existing, objective examples. For the most part the Agreement seeks to base its definitions on EU directives (e.g., The descriptive definition for hazardous substance is partially taken from article 29 of the EU Directive 2000/60/Ec of the European Parliament) Biodiversity definitions also rely heavily on EU as well as UN instruments. There are, however, several cases where American legislative definitions proved appropriate. The definition of a major stationary air pollution source was taken from the Texas Clean Air Act. It selected both for its simplicity and the relatively similarity of Texas’ climate to that of the Middle East. The definition of “mobile source” air pollution is generally taken from the U.S. Clean Air Act (section 216(2)). The “Point Source” definition is based on the definition under the U.S. Clean Water Act. While this Act does not contain a definition for nonpoint sources, the 1997 U.S. Environmental Protection Agency, Nonpoint Source Program and Grants Guidance http://www.epa.gov/owow/nps/guide.html offers a definition that is used in this draft Agreement. In other areas, multi- and bi-lateral treaties have emerged as definitive for purposes of international governance, and their definitions were readily utilized. For example, the definition for “desertification” is based precisely on the 1994 United Nations Convention to Combat Desertification the definition of “wastes” is based to a great on the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal ; and the definitions of air pollution and transboundary air and water pollution that are taken directly from the 2002 Agreement between the Government of Canada and the Government of the United States of America on Air Quality.

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In other cases, the most appropriate definitions were found in the literature and even in materials circulated by NGOs. Hence, definitions of pesticides are taken from the International Code of Conduct on the Distribution and Use of Pesticides. The definition of “transboundary protected areas”, an important generic term in Article 11, is based on the definition set forward by the International Union for Conservation of Nature (IUCN), the leading international public interest institution working in this field.

6gi^XaZ'"EjgedhZVcYEg^cX^eaZhd[i]Z6\gZZbZci This section offers a transition between the largely declarative opening article and the operational provisions of the agreements. While the objectives seemingly constitute a theoretical and intangible list, they provide the objective series of common beliefs that enable the Parties to reach a common strategy in the subsequent provisions and for interpreting these provisions when the time comes for implementation. For example, by specifically embracing the precautionary principle, the sides agree to err on the side of protection and caution when uncertainty or even political difference create a division of opinion. Or similarly, once the two Parties have agreed to make European “EU” environmental standards a common objective for the future, not withstanding the present disparities in economic capabilities, adopting common environmental regulations can be done with relative ease. A key issue which could potentially become divisive involves assessing responsibility for past activities by the Parties that might create environmental problems in the future. Clearly, from the perspective of environmental progress, “the past – is the enemy of the future”. In other words, if the environmental policy discourse becomes dominated by “finger pointing” about who polluted the water in years gone by, and what environmental crimes accompanied the political conflict, little progress will be made. The agreement attempts to be “future oriented”, maintaining symmetry on this issue. While acknowledging past responsibility for injuring the environment on both sides, the peace agreement is perceived “as an historic opportunity, not only to change their relationship to each other, but to change their relationship to their shared land, water and natural resources.” In practice, the one area where it is agreed that past environmental conduct will require future rehabilitation and invest-


Environment

Explanatory Notes

ment is the area of abandoned garbage dumps and brownfields that were created by Israeli economic activity in the occupied territories.

6gi^XaZ("I]Z?d^ci:ck^gdcbZciVaFjVa^in8dbb^hh^dc Over ten years ago, Article 12 (22) in the Interim Agreement established an Environmental Experts Subcommittee that met periodically from 1996 until 2000. The Subcommittee had no formal authorities and indeed was empowered with far fewer powers than the Joint Water Subcommittee (JWC) established at the same time under Article 40 of the agreement. The JWC, largely considered the most successful institutional innovation of the Interim agreement, proved to be a relatively robust framework during the past tumultuous ten years. Its stamina and dogged functioning under the shadow of political friction illustrated the potential of institutional coordination when dealing with natural resource management (Tal, 2007). Establishment of an independent, professional body to coordinate environmental management and protection activities has proven to be among the most significant predictors of an effective and successful environmental agreement. Among the most highly-touted (and long-lasting) institution to emerge from a bi-lateral natural resource agreement is the International Boundary and Water Commission established under the Treaty Between the United States Of America and Mexico regarding Utilization Of Waters of the Colorado and Tijuana Rivers and of the Rio Grande signed in Washington February 3, 1944. The Commissionâ&#x20AC;&#x2122;s success is attributed to the professional expertise of its members and its independence (Mumme, 2005, Hall, 2004). The proposed Commission in this Agreement relies on the same formula and adopts many of the same provisions that have proven to be so effective for management of the Rio Grande. In particular, it seeks to ensure the professional orientation of members from both Parties, and grants diplomatic status to Commission members. It also draws from the experience of the International Joint Subcommittee that was established under the Treaty between the United States and Great Britain Relating to Boundary Waters, and Questions Arising between the United States and Canada.

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The mechanics of the Commission and its procedures were based on a variety of agreements, and even more so, on a commitment to pragmatism and desire that cooperative coordination would not become synonymous with paralysis. Hence, international membership is an integral part of the Commission and decisions are not made by consensus. A series of subcommittees are established throughout the Agreement. Appendix 5 offers a schematic outline of the different committees with a list of each subcommitteeâ&#x20AC;&#x2122;s specific authority and mandate.

6gi^XaZ)"6^gEdaaji^dc8dcigda This Article addresses one of the central transboundary environmental challenges facing Israeli and Palestinian regulators. The magnitude of pollution transport, particularly as a result of westerly winds that reach the Palestinian Authority and Israel has been well documented with 60% of Jerusalem and Palestinian ozone formation associated with Tel Aviv traffic emissions (Danmar, 2002). Atmospheric lead has been traced to Jerusalem from Egypt, Turkey, and East (Erel, 2002). The magnitude of the human health effects associated with urban air pollution has been well documented (Israel Ministry of Environment, 2003) in the area, making cooperation critical for progress in reducing this acute environmental health insult. The proposed framework for air pollution control relies heavily on the Agreement between the Government of Canada and the Government of the United States of America on Air Quality as well as the Agreement of Cooperation Between the Government of the United States of America and the Government of the United Mexican States Regarding International Transport of Urban Air Pollution (Annex V) . Ambient air quality standards for the Parties are linked to the most recent World Health Organization recommendations (2005). A ban by both parties on the burning of garbage, due to anticipated emissions of dioxin, furans and other toxic substances is imposed at the recommendation of a recent report about the region by the United Nations Environmental Program (2003).


Environment

Explanatory Notes

As a strategy, linking local standards for mobile emissions to those of Europe promises to provide future benefits to both the Israeli and Palestinian economy beyond the immediate environmental and public health boon. Relative to other provisions, adoption of these standards will not impose an excessive burden on the Palestinian economy which already purchases the vast majority of its fuel from the Israel oil refineries which complies with EN-228 and EN-590. Similarly, car imports from Europe are designed to integrate the cleaner demands of EURO-V. The Article also contains several provisions that address global warming and electricity generation. Although energy conservation does not need to be a “transboundary” issue, its central role in environmental responsible energy and environmental policies for both sides justified its conclusion. At present both Israel and the Palestinian Authority are non- Annex 1 countries under the UN Framework Climate Change Convention. But as this status is likely to change, particularly for Israel, the Agreement began to address the issue accordingly.

6gi^XaZ*Ä8ddgY^cVi^dcd[Hda^YLVhiZBVcV\ZbZci The United Nations Environmental Program estimates that there are between 200 and 450 garbage dumps located throughout the West Bank which pose potential contamination threats to ground water (UNEP, 2003) (An earlier estimate by the World Bank set the figure at 413) (Kliot, 2003). Restriction of movement since the Intifidah spawned a number of ad-hoc, inappropriate garbage dumps. This, along with the physical damage sustained during the violence to Palestinian waste disposal infrastructure, have created a solid waste crisis. In Israel, recent years have seen the closing of scores of illegal garbage dumps and improvement in the quality of solid waste disposal facilities. Yet, there is a chronic shortage in approved sites for waste disposal, with population centers sending their garbage greater and greater distances for disposal, with extremely minimal increases in recycling and reuse (Israel Ministry of Environment, 2007). Only 20% of Israel’s solid waste is recycled compared to over 80% in leading European nations.

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The Agreement puts forward a clear “environmental” solid waste strategy where burial of trash is to be minimized and the Parties are to support the hierarchy of “Rs” for management options: “reduction, reuse, recycle”. Burial is recognized as a “last resort”. The constituent of the garbage in Israel hints at the potential of recycling, with 36% of the garbage weight organic materials (none is recycled), additional 12% trimmed foliage (out of which 28% is recycled) and 25% paper and carton (out of which 20% is recycled) (Sverdlov et al 2004). Facilitating import and export of recyclable materials will increase the critical mass necessary to reach economies of scale for integration of recyclable materials in production processes. The Commission is given a mandate to promote cooperative recycling initiatives where economies of scale or the benefits of cooperation might attract investment. Operational standards, set forward in this Article reflect the specific recommendations of the United Nations Environmental Program’s Report from 2003. Solid waste disposal facilities are to be run after taking all measures to reduce environmental impacts. A two-year time table for licensing existing facilities is put in place. Litter discharged in both parties blows across the border and contaminates ground water, which is a paramount transboundary problem. With population growth in both countries continuing, the solid waste situation will grow more acute with time. Litter laws are to be enacted and enforced. The Agreement draws heavily in this regard from the recent EU Waste directive and recommendations by the United Nations Environmental Program (EU, 2005; UNEP, 2003). The Parties are expected to adopt internal legislation which will set policies for integrated management of solid waste, including the setting of objectives for national recycling and reuse and regular reporting to the Commission. The Article also contains a commitment on the part of Israel to rehabilitate abandoned sites that were created by the activities and dumping of Israeli citizens and communities. The provisions clarify that associated clean up activities will respect state sovereignty would only be conducted in coordination with the relevant Palestinian authority.


Environment

Explanatory Notes

6gi^XaZ+Ă&#x201E;BVcV\ZbZciVcYIgVchedgid[ =VoVgYdjhHjWhiVcXZhVcYLVhiZh The proliferation of hazardous substances and disposal of hazardous wastes poses one of the key environmental health insults to modern, industrial society and may lie behind the steady increase in cancer incidence world-wide and locally. Due to the disparities in their industrial infrastructure and economies, Palestinian production of hazardous wastes and its general use of hazardous substances, is far below that of Israelâ&#x20AC;&#x2122;s. In the absence of formal normative division between conventional and hazardous wastes, estimates of hazardous waste quantities in the Palestinian Authority remain unreliable (UNEP, 2003). Moreover, no recent estimates of hazardous waste generation levels are available, after the economic recession following Intifadah activities. In 2002 the Palestinian Authority estimated that the quantities of hazardous wastes generated locally were relatively modest (as 2,5000 tons/year) (PQA, 2002) while figures for Israel estimate levels are two orders of magnitude higher (290,000 tons/year). In the Palestinian sector, the primary generator of wastes appears to be the seventy-one facilities that produce textiles (ARIJ, 1996) while in Israel the chemical industry is by far the predominant producer of hazardous wastes. The dynamics of developed countries dumping hazardous wastes and substances into developing countries, with resulting egregious ecological and environmental damage is well documented (Murphy, 1994). The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal was designed to combat the trafficking in hazardous wastes on the multi-lateral level. There has been anecdotal evidence in the past of such patterns emerging between Israelis and Palestinians given the prevailing asymmetry, requiring a strong bi-lateral regime locally (Palestinian Ministry of Environmental Affairs, 1999). While Israel has a regulation which prohibits the disposal of hazardous wastes in domestic landfills, the relatively modest percentage of hazardous wastes that arrive at the National Hazardous Waste facility in Ramat Hovav suggests that this law is not well enforced (Tal, 2006). In the Palestinian Authority, the United Nations reports that there is essentially no separation between solid and hazardous wastes, nor any system in place for identifying hazardous wastes (UNEP, 2003).

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Some basic principles characterize this Article in the Agreement. The need to distinguish between hazardous and municipal wastes and the importance of the Basel convention as a normative framework for monitoring and regulating transport of hazardous substances and wastes is set forth at the outset. Because of its bi-lateral orientation, Annex III to the Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area has been instructive. With regards to specific management strategies, as a result of the modest quantities involved, the United Nations Environmental Program concluded that establishing a separate hazardous waste disposal site in Palestine for the present was economically unjustified. Rather it recommended that efforts should focus on separating hazardous wastes from the municipal and construction wastes and transferring the hazardous waste to the Israeli site in Ramat Hovav (UNEP, 2002). This only makes sense in the short run, and in the long run, an independent hazardous waste site in the West Bank will need to be part of the Palestinian environmental infrastructure. This two phase strategy is reflected in Article 6 of the Agreement. The role of Annex III of the â&#x20AC;?La Pazâ&#x20AC;? Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area, Regarding the Transboundary Shipments of Hazardous Wastes and Hazardous Substances in shaping the orientation of this part of the Agreement was considerable.

6gi^XaZ,"8ddgY^cVi^dcd[EZhi^X^YZEda^X^Zh Exposure to pesticides are among the most significant occupational exposures affecting public health in the region. Little recent information is available. However, pre-intifadah levels suggest the use of some 123 types of pesticides in the Palestinian Authority reaching a total of 1500 tons in the West Bank and Gaza. In Israel, the figures are also high. Israel and the Palestinian Authority have enacted legislation to address this issue (Plant Protection Law, Palestinian Environmental Law, 1999), but enforcement has never been exemplary for either Party.


Environment

Explanatory Notes

While recent years have seen some improvement in intensity, pesticide usage remains relatively heavy among Israeli and Palestinian farmers, with exposures reflected in morbidity and ecological damages along the food chain. There are several transboundary aspects of pesticide usage which the Agreement addresses: 1. The illegal import and sales of pesticides which have been banned; 2. The need to coordinate “integrated pest management initiatives” so that pesticideuse reduction can be synchronized to minimize the development of immunity among target pests; and 3. Human exposures from applications, generally as a result of drift after aerial spraying. 4. Reduction of pesticide residues. The Agreement relies heavily on the EU proposed Directive for Sustainable Use of Pesticides (2006) which offers a model which on the one hand, leaves states considerable independence in their pest-control strategies; but on the other, is prescriptive with regards to areas where environmental impacts can be transboundary. Each Party is given three years to phase out pesticides which have been banned in Europe since 2003 under Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market, and the more recent European Commission Regulation (EC) No 2076/2002. In addition, the La Paz agreement between the U.S. and Mexico contains a practical, bi-lateral framework for ensuring adequate notification and coordination between the Parties. The proposed EU Directive cites experience in Europe as proving that National Action Programs to control pesticide usage has been the most effective tool for progress and coordination in the area. The Directive also creates a presumptive ban on aerial spraying unless economic benefits can clearly be shown to outweigh the harms. This policy has been integrated into the Agreement along with the right of parties to appeal such decisions to the Commission. As for requirements for pesticide applicators, the FAO “International Code of Conduct on the Distribution and Use of Pesticides” (2002) is a widely-accepted international normative framework.

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As the Parties both see Europe as a major export destination for produce, residue limits are based on EC No. 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin. Language regarding mosquito control in the Agreement benefited from the public information brochure on reducing mosquito habitat found at: http://www.fosc.org/PDF/MosquitoHabitatControl.pdf.

6gi^XaZ-Ä:ck^gdcbZciVa>beVXiHiViZbZcih Although previous peace accords between Israel and the Palestinians (as well as between Israel and Jordan) mention environmental impact statements as an important mechanism for clarifying the environmental ramifications of development projects (and ways to mitigate them); in practice, the instrument has not been used. There are obvious political reasons for the lack of implementation. But specificity in language constitutes an additional reason for the disconnect between international law’s bold declarations and actual environmental practices by parties, throughout the world (Kohl, 1997, Talitman, 2003). In this final Agreement, a far more detailed framework for preparing statements is prepared. In a domestic context, Environmental Impact Statements (EISs) are typically not prescriptive documents, but rather “stop and think” tools, requiring the decision makers to consider the full impacts of proposed activities. In a bi-lateral context, statements that suggest considerable transboundary environmental damage may trigger intervention pursuant to Article 14. The general approach of this Agreement to Environmental Impact Assessments relies on the United Nations Environmental Program (UNEP) Goals and Principles of Environmental Impact Assessment (1987) as well as the Convention on Environmental Impact Assessment in a Transboundary Context (1991) (Espoo Convention). The Agreement between the Government of the Republic of Estonia and the Republic of Finland on Environmental Impact Assessment in a Transboundary Context offers a valuable concrete bi-lateral accord in this area, which has been instructive. The accord establishes a substantive basis for distinguishing the necessary components in a transboundary EIS.


Environment

Explanatory Notes

The U.S. National Environmental Policy Act (NEPA), 42 U.S.C. § 4321- 4331, which was the first major national legislation to implement environmental impact statements, still contains important provisions which are manifested in several of the provisions. One of its particular strength involves provisions designed to ensure public participation in the process, in particular public engagement during the scoping process and their review in reviewing the findings. Given the robust culture of both Palestinian and Israeli civil societies, the participation provisions in Article 8, are liberal and encourage involvement. Appendix 2 of the Agreement includes a definition of ‘significant’ which is borrowed from the regulations implementing the U.S. NEPA to help determine whether a project requires an EIS.

6gi^XaZ.Ä8ddgY^cViZYAVcYJhZEaVcc^c\ This Agreement can largely be characterized as a responsive instrument which allows the Parties to address environmental hazards and insults as they arise in a coordinated fashion. It is important, that the Agreement also contain provisions that will enable the Parties to proactively take steps to coordinate development in the planning stage in order to eliminate friction and environmental harm to the extent possible. Article 9 is designed to that end. It creates a framework for coordination for proposed actions, activities or projects that can affect the Parties’ environmental quality. The Land Use Planning Subcommittee (LUPS) includes representatives of the government planning bureaucracies as well as environmental ministries and public representatives. For the long run, the LUPS has the task of commissioning and overseeing a conceptual plan for the border region that will reduce the potential for friction and transboundary environmental insults between the Parties. A number of agreements were reviewed in drafting this section including agreements with a more local focus (e.g., Memorandum of Understanding for Establishing a Coordinated Tribal/County Regional Planning Program between

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The Swinomish Indian Tribal Community and Skagit County ) and agreements drafted to promote coordinated physical planning in the European context. Public participation guidelines included in the Agreement, again generally open by international standards, are based on guidelines promulgated by the European Union as well as those included in the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem.

6gi^XaZ&%"7^dY^kZgh^inVcYCVijgZEgdiZXi^dc Palestinian and Israeli lands are blessed with a uniquely rich diversity given the regionâ&#x20AC;&#x2122;s location as a bridge between three continents. Palestinian and Israeli scientists and naturalists identify some 530 local bird, 116 mammal and 96 reptile species. Yet, many of the most important and sensitive natural values are under severe threat due to the spread of the growing population of both Parties, industrialization, hunting and the expected development following the peace agreement. Increased urbanization and the spread of human infrastructures, over-exploitation of natural resources, pollution in all its forms, the introduction of exotic species into local ecosystems are all factors that have caused extensive damage to biodiversity in the region. The recent construction of the separation fence serves to further fragment local habitat. Recent years have seen a precipitous drop in mammal species such as gazelles. In order to safeguard biodiversity and combat the extinction of animal and plant species, the Agreement seeks to establish common regulations to protect flora and fauna species and establish transboundary reserves and maintain ecological corridors (Article 11). The Agreement relies heavily on the existing framework of the UN Convention on Biological Diversity (1992) and its requirement for preparation of Action Plans to facilitate preservation activities. The Parties are required to supplement these with specific transboundary assessments and commitments. On the Israeli side, the responsible body for implementing nature preservation policies is the Nature Reserves and National Parks Authority. On the Palestinian side, the responsible body is the Environmental Quality Authority or the Natural Resources Authority.


Environment

Explanatory Notes

A list of endangered plants, animals and inanimate objects is listed as Appendix 3. The list is based on the list of natural assets that are already protected in Israel. The Parties are required to enact laws which will protect them. Particular attention is to be given to the emerging problem of invasive species which can only be controlled through transboundary cooperation; as well as to action plans to protect animals that are in particular danger of local extinction, such as the leopard, ibex, etc.

6gi^XaZ&&":hiVWa^h]bZciVcYBVcV\ZbZcid[ IgVchWdjcYVgnEgdiZXiZY6gZVh The first transboundary park was established on the border between the U.S. and Canada in 1932. By the end of the twentieth century, some 158 parks had been established that linked open spaces and habitats across national borders. Of the 309 continental borders between nation-states, over one third (39 percent) have been the site of transboundary reserves and parks (Zbicks, D 1998). Accordingly, there is nothing innovative per se about the establishment of transboundary reserves. (Sandwith, 2001) Indeed, parks that span national borders have been repeatedly cited as serving a potentially conciliatory role in the overall territorial disputes between the Parties in several environmental reports about the Israeli-Palestinian conflict. This culminated in efforts during the negotiations at the Wye plantation to transfer large segments of occupied Israeli territory as nature reserves to the Palestinian National Authority. Yet, in practice, international experience suggests that the actual coordination of transnational parks across borders is minimal. A 1997 document reports: â&#x20AC;&#x153;Despite a considerable literature promoting the concept of binational parks throughout the world, research has revealed no instances where contiguous parks are jointly managedâ&#x20AC;?. The provisions in this Agreement identify a series of parks that should be created by the Parties as transboundary parks, biospheres, or reserves, depending on the desired level of preservation and human activity. These are delineated as a map in Appendix 4. A framework for coordinating the management of transboundary parks is created through a Parks Committee, which contains representative from the respective nature preservation institutions. The Article also contains a Palestinian

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commitment to maintain existing nature reserves in the occupied territories, given their role in the overall ecosystem health of the region. Among the documents which provided direction in the institutional arrangements contained in this Article are: ÇŠ The Memorandum of Understanding between the National Park Service of the Department of the Interior of the United States of America and Parks Canada of the Department of Canadian Heritage of the Government of Canada, on cooperation in management, research, protection, conservation, and presentation of National Parks and National Historic Sites (May 1998). Bilateral agreement between the Government of the Republic of Botswana ÇŠ and the Government of the Republic of South Africa on the recognition of the Kgalagadi Transfrontier Park (April 1999). Benelux Convention on Nature Conservation and Landscape Protection (June ÇŠ 1982). The strategy embraced in Article 11 is driven by ecological reality rather than geopolitical considerations. The Article relies on a map of ecological corridors, many of which transcend political boundaries. These sites are to be prioritized for protection by the Parties although the degree of preservation may vary between full-fledged nature reserves to parks and biospheres. The Article contains provisions that focus on National Heritage Sites. Given the many millennia of continuous human settlement, the area is particularly rich in religious, cultural and historic sites. The Agreement leaves the authority to preserve these sites and integrate them into the UNESCO World Heritage site program with each of the autonomous governments who are Parties to the Agreement. Yet it stipulates cooperation and a commitment to preserve sites with religious and cultural significance for the Party. The Article also addresses preserving migratory birds and their habitats.


Environment

Explanatory Notes

6gi^XaZ&'ÄEdaaji^dcEgZkZci^dcd[6fjVi^X:XdnhiZbh The initial Oslo interim peace agreement maintained separate provisions for Water and Environment. Yet, the two subjects are clearly linked. This Article sets forward basic water quality provisions with an attempt to link the normative environmental protection of water resources with other efforts led by the water group. In preparing this section, we found the World Health Organization’s 2003 Guidelines for Safe Recreation of particular interest. In the area of protection of the marine environment, the Barcelona Convention for Protection of the Mediterranean Sea is the central document.

6gi^XaZ&("8dbWVi^c\9ZhZgi^ÒXVi^dc The problem of desertification, or the degradation of soils in the drylands, is common throughout the Middle East. The loss of soil fertility damages crop yields, limits pastoral economies, and creates a variety of environmental nuisances and hazards. Israel has been recognized as an international leader in efforts to combat desertification, but pockets of soil degradation throughout the country exist. Drylands have lower carrying capacity than more temperate climates and their resilience to recover in the event of ecological damage is far lower (Millennium Assessment, 2005). Unlike most other environmental problems, successful programs to combat desertification require active interventions. Proactive strategies involving afforestation, sustainable desert agriculture, and environmentally sensitive irrigation, as well as the creation of livelihoods, which do not place pressures on the sensitive soils and ecosystems, are essential. Hence, in contrast to other Articles in the Agreement, which are largely proscriptive in nature, and place restrictions on the Parties, provisions involving desertification involve cooperation for sustainable development rather than regulatory coordination. In short, the Parties are encouraged to develop sustainably together.

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The Agreement begins by requiring the preparation of a National Action Program for each country. This is the central mechanism required by the Untied Nations Convention to Combat Desertification (UNCCD, 1994). Yet neither the Israeli nor the Palestinian governments have drafted national strategies to this end, even as many of the components of such a strategy have been in place for many years. An exception to the pro-development orientation in this area involves overgrazing. Accordingly, a simple regulatory component involving stock limits has been stipulated as a long-term requirement for rangeland management. Rangelands account for some 35% of the lands on the West Bank. The Palestinian Environmental Quality Authorityâ&#x20AC;&#x2122;s Biodiversity Strategy and Action Plan (1999) estimated that present carrying capacity in the West Bank is sufficient to support 35,000 animals; while in practice some present herds reach a level of 200,000. The number of animals that Israeli rangelands carry varies but present figures suggest that the grazing herds in Israel are roughly 66,000 cattle, 270,000 sheep, and 37,000 goats (Woerker, 2007) that rely on some 250 thousand hectares of lands. The bifurcated standard for irrigated and rain-fed lands has proven to be effective in preventing overgrazing and led to adoption of systematic, seasonal, nomadic grazing patterns. The Agreement mandates a joint program to promote cooperation in such relevant areas as: intensive agriculture in greenhouses, irrigation systems, integration of flooddependent agricultural systems in semi-arid regions, development and cultivation of salt and drought resistant cultivars and crops, aquaculture and algae production, etc. Many of these proposals were first put forward in a 1996 initiative for Regional Cooperation and Development Options. (Ministry of Environment, 1996)


Environment

Explanatory Notes

6gi^XaZ&)Ä:c[dgXZbZciVcY8dbea^VcXZ The Interim Israeli-Palestinian Peace accord was largely unsuccessful in the environmental realm because Article 12 did not establish a formal structure that could oversee implementation and enforcement. By contrast, Article 40 of the Interim Agreement created a detailed framework for enforcement with Joint Supervision and Enforcement Teams, but the framework was never fully implemented. The establishment of a Joint Environmental Quality Commission in Article 3 of this Agreement creates the fundamental institutional backdrop for effective, coordinated efforts to induce compliance. Article 14 of the present Agreement creates a “Joint Environmental Inspection Team” (JEIT) that is empowered with real enforcement authorities, establishing a mandate to intervene in those areas regulated under this Agreement. At the same time, however, given the sensitive historic conditions regarding externally imposed enforcement, it is important to recognize the Parties’ sovereignty and clarify that the Agreement does not authorize a Party to undertake environmental law enforcement in the territory of the other Party. Given each Party’s stated objective to maximize efforts to achieve compliance with that Party’s environmental laws and regulations, the Parties are to ensure that there are mechanisms in place under each Party’s domestic law to address environmental violations. Some of the language in this Article is drawn from the North American Agreement on Environmental Cooperation (NAAEC) Article 5 that was ratified in 1993. Given the potential intensity of bi-lateral enforcement efforts, a layer of oversight between the JEIT, and the general policy making and oversight framework of the Joint Environmental Quality Commission was in order. Other bilateral and multinational agreements frequently create a dedicated enforcement/compliance subcommittee. Article 14 establishes the “Joint Environmental Enforcement Subcommittee” (JEES), which can be comprised of members of the Commission and/or other appointed experts, who are given the responsibility of overseeing the JEIT, handling matters involving compliance/enforcement, and reporting to the Commission. Like all of the subcommittees created under this Agreement, membership shall be based on an equal number of Palestinian and Israeli members.

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Likewise, the JEIT mechanism itself is based on symmetry. Each Party provides an equal number of personnel, vehicles and funding to create an inspection force that operates under the supervision of the JEES. When acting in concert, the Agreement seeks to either provide them with the authorities that police investigators enjoy in each country or the full cooperation and participation in enforcement work of law enforcement agencies. If the JEIT teams cannot agree on a mode of action, the disagreement will be forwarded to the JEES. With regard to noncompliance procedures, many international agreements are silent or vague on the matter, reflecting the politically sensitive nature of enforcement (Raustiala, 2003). Effective provisions work constructively to bring the violating party back into compliance rather than to simply deter noncompliance. The NonCompliance Procedures pursuant to Article 8 of the Montreal Protocol for controlling Substances that Deplete the Ozone Layer (UNEP 2006) are often cited as a good example of a progressive set of enforcement measures and have been instructive for this Agreement. These allow a Party, citizen, or NGO to submit information concerning alleged violations and allows a pollution source, which has come forward through â&#x20AC;&#x153;self reportingâ&#x20AC;? to seek guidance on measures it can take to bring itself into compliance. Once a submission has been made, the subcommittee will review the information and provide a report with recommendations to the Commission. The presence of mobile, fast-acting inspection teams that can monitor potential violations and pollution incidents, and on occasion intervene, will be critical for translating the Agreement into actions. It is also important to ensure the necessary expertise for evaluating and rectifying problems in the full range of environmental media covered under the Agreement. The Committee will establish a JEIT with an expertise in each substantive environmental area covered by the Agreement. The JEITs will be staffed by people with appropriate training and experience. Teams will be formed for each of the following areas: air quality, solid and hazardous wastes, parks and nature reserves, pesticides, water quality, and biodiversity. The appropriate JEIT team will then be called upon to respond to incidents falling within their expertise. Yet, the entire JEIT is expected to work in concert, providing backup for broader campaigns and would enjoy authority to intervene in the event that environmental violations of a transboundary nature were discovered during the course of their work.


Environment

Explanatory Notes

Many international environmental agreements feature citizen “fire alarm” provisions (Raustalia, 2003). The Agreement also includes provisions that allow citizens or NGOs to file submissions to the Subcommittee alleging that violations to the Agreement are occurring. These complaints will be reviewed, considered, and acted on - if deemed necessary. Although no formal adjudicatory process is established a requirement to respond in writing describing the Subcommittee’s position is stipulated. The Article also includes provisions directing the submissions expected from the Parties, relying as international law so often does, on reporting as a key means for encouraging and ensuring compliance.

6gi^XaZ&*":VganLVgc^c\EgdidXdahVcY:bZg\ZcXnGZhedchZ Principle 21 of the 1972 Stockholm Declaration sets forth one of the fundamental axioms of international environmental law: “States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that the activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction”. Article 15 offers a concrete application of this principle in its expectation that the Parties assess and notify one another in the event of accident with transboundary environmental impacts and work together to abate environmental damage. Accidents which do not have a transboundary impact remain within the discretionary jurisdiction of each Party. Yet, each Party is required to enact legislation, promote public awareness and initiate plans to reduce damages from environmental accidents or related events. In order to respond in a coordinated fashion to accidents where there are transboundary impacts or implications, a point of contact on each side will be

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established who will coordinate activities in such cases. These will include clean-up and subsequent “rehabilitation” efforts. In addition to establishing procedures for early warning, the Commission is required to initiate exercises to prepare for emergency situations that will be coordinated by the points of contact. Several agreements in this area informed the specific early warning and response system. These include the Association of South East Asian Nations (ASEAN) Agreement on Disaster Management and Emergency Response, and the EU emergency and crisis coordination arrangements and other EU guidelines.

6gi^XaZ&+ÄHX^Zci^ÒXGZhZVgX] Scientific cooperation is an area of environmental cooperation for which both sides have considerable experience. A variety of funding programs (in particular, U.S. AID’s Middle East Research and Cooperation Program – MERC) have allowed for innumerable joint research initiatives, quasi-experimental projects, etc. to be conducted in parallel or together by Israeli and Palestinian researchers. This Article creates a formal framework for continuing this work in the form of an Environmental Research Subcommittee. The subcommittee is to serve as a bridge between the practical needs of the environmental professionals working in regulatory agencies and the research aspirations of the academic communities of both Parties. Other aspects of this Article provide for technical assistance between the Parties and promotion of scientific publications when appropriate. Specific provisions in this Article were based on materials from numerous bi-lateral and multi-lateral agreements between Australia and a variety of nations in the southern hemisphere as well as from the U.S. and its neighbors.


Environment

Explanatory Notes

6gi^XaZ&,ÄIgVcheVgZcXnd[:ck^gdcbZciVa>c[dgbVi^dcVcYEVgi^X^eVi^dc Wni]ZEjWa^X!<dkZgcbZciVaDg\Vc^oVi^dchVcYDi]Zg>chi^iji^dch Public, nongovernmental organizations, universities, and Palestinian and Israeli civil society in general have a strong history of participation in environmental matters in the region. Many of the environmental challenges which the Agreement seeks to solve – from litter prevention to reduced automotive emissions require the engagement and the involvement of the public. Encouraging public participation has proven to be a valuable tool for both improving the quality of environmental policies as well as for involving the public as partners in environmental initiatives.

The Environmental Cooperation Agreement of the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) includes provisions which seem appropriate to the present Agreement. The Commission is expected to conduct meetings periodically that are open to the public. In addition, it is to find opportunities to engage the public, and a variety of public interest institutions, to confer with regards to its activities.

6gi^XaZ&-Ä;^cVcX^VaGZhdjgXZh The fundamental asymmetrical economic conditions that presently characterize the two Parties is a major challenge that the Agreement must address. Successful implementation of this Agreement is largely dependent on attaining sufficient funding to support Palestinian environmental infrastructures as well as salaries and operational expenses for the relevant Palestinian environmental agencies. Moreover, in order to ensure a balanced and effective series of “joint environmental institutions” that are established under the agreement, funding will be required for full Palestinian participation. In addition, it is important that both societies internalize the “win-win” dynamic associated with environmental cooperation, and supporting activities that bring together Palestinian and Israeli civil societies is a secondary, but surely not insignificant objective.

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Previous multi-lateral environmental agreements have included sections that specifically outlined the responsibilities of the Parties for ensuring adequate financial resources. Article 18 articulates a general strategy for financing implementation of the Agreement. It borrows from a few of the provisions found in Articles 20 and 21 from the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa. Considerable responsibility is given to the Commission to initiate funding mechanisms. Representation of major potential donors within the Commission may help facilitate better consistency between donor priorities and the actual Palestinian environmental needs.

6gi^XaZ&."8dchjaiVi^dcVcYGZhdaji^dcd[9^hejiZh Although enforcement proceedings between parties to a bilateral environmental agreement are fairly rare, the existence of a clear and effective mechanism for resolving conflict is important as it creates a modicum of deterrence against disregard and noncompliance with international agreements. Agreements that do not contain any dispute resolution procedures can be ignored with impunity and often are. This offers the easiest explanation for the relatively low level of implementation for Article 12 of the earlier Interim Agreement heretofore. There are many different approaches for adjudicating bi-lateral international instruments: from mediation to resolve disagreements, to mandatory adjudication at tribunals such as the International Court of the Hague. The Agreement offers a simplified version of a medium-stringency-level model established in the agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile (1997). Conflict resolution will begin in the Commission. Either Party can raise a complaint about meaningful noncompliance with the Agreement, a pattern of noncompliance, or a lack of enforcement of environmental laws that causes transboundary environmental damage. If a consensual solution is not forthcoming,


Environment

Explanatory Notes

an â&#x20AC;&#x153;arbitral panelâ&#x20AC;? is appointed to conduct an arbitration. The members of the panel are selected from a pre-agreed expert list and they are given authorities to hear witnesses, appoint experts and make rulings. The panel will consist of a Palestinian expert, an Israeli expert and an international one who serves as chair. Findings and recommended actions are submitted as an interim report to the Parties, which can be appealed. Given the possibility of irreversible damage when environmental violations continue unabated, a relatively tight time-table is set for the adjudication process.

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H[\[h[dY[i

ǩ The Agreement Among the Governments Of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, and the United States of America on Environmental Cooperation (http://www.state.gov/g/oes/rls/or/42423.htm) ǩ Agreement of Cooperation Between the Government of the United States of America and the Government of the United Mexican States Regarding International Transport of Urban Air Pollution. ǩ Agreement on Environmental Cooperation between the Government of Canada And The Government Of The Republic Of Chile (1997). http://can-chil.gc.ca/English/Resource/Agreements/aeccc/AECCC_1.cfm ǩ The Agreement on Scientific and Technological Cooperation between the Government of Australia and the Government of the Republic of South Africa (http://www.austlii.edu.au/au/other/dfat/treaties/notinforce/2006/24.html ǩ The Agreement relating to Scientific and Technical Co-operation between Australia and the European Community (http://www.austlii.edu.au/au/other/ dfat/treaties/1994/24.html) ǩ Annex III of the Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area, Regarding the Transboundary Shipments of Hazardous Wastes and Hazardous Substances”, (“La Paz Agreement”) (1993) http://www.jacccc. org/Agreement.htm ǩ Annex V to the Agreement Between the Government of the United States Of America and the Government of the United Mexican States on Cooperationf or the Protection and improvement of the Environment in the Border Area Agreement of Cooperation Between the Government of the United States of America and the Government of the United Mexican States Regarding International Transport of Urban Air Pollution Applied Research Institute of Jerusalem (ARIJ) (1996) Environmental Profile for the West Bank volumes 1-6, Beit Sahur.


Environment

References

ǩ Applied Research Institute of Jerusalem (ARIJ) (1996) The Status of the Palestinian Environment, www.arij.org/pdf/chapter1-15.pdf ǩ ASEAN Agreement on Disaster Management and Emergency Response, (Vientiane, 26 July 2005) Available at: http://www.aseansec.org/17579.htm. ǩ Benelux Convention on Nature Conservation and Landscape Protection (June 1982). ǩ Bilateral agreement between the Government of the Republic of Botswana and the Government of the Republic of South Africa on the recognition of the Kgalagadi Transfrontier Park (April 1999). ǩ Building Crisis Management Capacity In The EU, Eva Hagstrom Frisell and Maria Oredsson, February 2006 Available at: http://www2.foi.se/rapp/foir1920.pdf ǩ Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem, 22.3.02. Available at: http://www.on.ec.gc.ca/greatlakes/default. asp?lang=En&n=EA181825- 1#agreement ǩ The United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (ratified on October 14, 1994) available at www.unccd.int ǩ Council of the European Union, the presidency report to the European Council on Reinforcing the European Union’s emergency and crisis response capacities. (Brussels, 15 June 2006). Available at: http://www.consilium.europa.eu/ uedocs/cmsUpload/st10551en06.pdf ǩ Directive of the European Parliament and of the Council Establishing a Framework for Community Action the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa to Achieve a Sustainable Use of Pesticides (2006), Brussels, 12.7.2006 COM 373 final, 2006/0132 (COD).

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The Geneva Initiative

ǩ Directive of the European Parliament and of the Council On Waste (2005) Brussels, 21.12.2005 COM 667 final. ǩ Erel, Y.,T.Axelrod, A. Veron, Y. Mahrer and U. Dayan (2002) “Trans-boundary Atmospheric Lead Pollution.”, Environmental .Science and Technoogy .36, 32303233. ǩ The European Parliament, The Council, Luxemburg 27.6.2001Available at: http://www.environ.ie/en/Publications/Environment/Miscellaneous/ FileDownLoad,1805,en.pdf ǩ European Parliament Committee on Civil Liberties, Justice and Home Affairs, (2005) Draft Report, 12.4.05, PROVISIONAL 2005/2044(INI). ǩ European Parliament Committee on Civil Liberties, Justice and Home Affairs, Draft Report, Proposal for a European Parliament recommendation to the European Council and to the Council on the protection of critical infrastructures in the framework of the fight against terrorism, 12.4.05. Available at: http://www.europarl.europa.eu/meetdocs/2004_2009/documents/ pr/563/563272/563272e n.pdf ǩ EU, Environmental Assessment, Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 85/337/EEC. Available at: http://ec.europa.eu/environment/eia/full-legaltext/85337.htm ǩ EU ,Emergency and Crisis Co-ordination Arrangements Available at: http://www. consilium.europa.eu/uedocs/cmsUpload/WEB15106.pdf ǩ EU Council Factsheet, Brussels, 15.6.2006. ǩ EU Council Factsheet, Brussels, What Can The EU Do In Cases Of Emergency/ Crisis? 15.6.2006 http://www.consilium.europa.eu/uedocs/ cmsUpload/060615finalEN.pdf


Environment

References

ǩ FoEME (1999) “Let the Dead Sea Live – Concept Document; Moving Towards the Dead Sea Basin Biosphere Reserve and World Heritage Listings”, Amman, Bethlehem, Tel Aviv ǩ FoEME (2004) – “Advancing Conservation and Sustainable Development of the Dead Sea Basin - Broadening the Debate on Economic and Management Issues”, Amman, Bethlehem, Tel Aviv ǩ FoEME (2004) “A Seeping Time Bomb – Pollution of the Mountain Aquifer by Sewage”, Tel Aviv FoEME (2005) “Crossing the Jordan – Concept Document to Rehabilitate, Promote Prosperity and Help Bring Peace to the Lower Jordan Valley”, Amman, Bethlehem, Tel Aviv. ǩ FoEME (2006) “A Seeping Time Bomb – Pollution of the Mountain Aquifer by Solid Waste”, Bethlehem and Tel Aviv ǩ Frisell, Eva Hagström and Oredsson, (2006) Building Crisis Management Capacity in the EU, Available at: http://www2.foi.se/rapp/foir1920.pdf. ǩ Gabai, Shoshana (2002) The Environment in Israel, Ministry of Environment, Jerusalem. ǩ Hall, R (2004) Transboundary groundwater management: Opportunities under international law for groundwater management in the United States-Mexico border region, Arizona Journal of Inernational and Comparative Law. 21: 873. ǩ Israel Ministry of Environment (1996) “Combating Desertification and Desert Rehabilitation” Regional Cooperation and Options, Jerusalem. ǩ Israel Ministry of the Environment, United States Environmental Protection Agency,Israel Union for Environmental Defense, (2003) Comparative Assessment of Public Health Risks in Two Israeli Metropolitan Areas, Jerusalem. ǩ Israel Ministry of Environment (2007) “Planning for Integrated Solid Waste Management in Israel”, Israel Environmental Bulletin, vol . 32, May , 14-17.

375


376

The Geneva Initiative

ǩ Kliot, Nurit (2003) Transboundary Pollution: Israel, Arab Countries and the Palestinian Authority, Report, No. 4, Israel National Council for the Environment, Jerusalem. ǩ The Memorandum of Understanding between the National Park Service of the Department of the Interior of the United States of America and Parks Canada of the Department of Canadian Heritage of the Government of Canada, on co-operation in management, research, protection, conservation, and presentation of National Parks and National Historic Sites (May 1998). ǩ Memorandum of Understanding for Establishing a Coordinated Tribal/County Regional Planning Program between the Swinomish Indian Tribal Community and Skagit County (1987) http://www.cwis.org/fwdp/Americ/swinomsh.txt. ǩ Millennium Ecosystem Assessment, 2005. Ecosystems and Human Well-Being: Desertification Synthesis, World Resources Institute, Washington, D.C. (2005). ǩ Mumme, S., (2005) “Developing treaty compatible watershed management reforms ror the U.S. - México Border: The case for strengthening the International Boundary and Water Commission, North Carolina Journal of International Law and Commercial Regulation, .Summer. ǩ Murphy, Sean (1994) “Prospective Liability Regimes for the Transboundary Movement Of Hazardous Wastes” American Journal of International Law, vol. 88, 24. ǩ North American Agreement on Environmental Cooperation Between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America (NAAEC) (1993) http://www.cec.org/ pubs_info_resources/law_treat_agree/naaec/index.cfm?varlan=english ǩ Palestinian Environmental Law (1999). ǩ Palestinian Environmental Quality Authority (1999) National Biodiversity Strategy and Action Plan for Palestine.


Environment

References

ǩ Palestinian Ministry for Environmental Affairs (1999). Israeli Violations of thePalestinian Environment http://www.pnic.gov.ps/english/Environment Environment_Israeli%20Violations.html20 03\ ǩ Ranmar, D.O., V. Matveev, U. Dayan, M. Peleg, J. Kaplan, A. W. Gertler, M. Luria,G. Kallos, P.Katsafados and Y. Mahrer (2002): “The Impact of Coastal Transportation Emission of NOx and VOC on Inland Air Pollution over Israel- Utilizing Numerical Simulations, Airborne Measurements and Synoptic Analysis”. Journal of Geophysical Research, 107. D17, 4331, doi:2001JD000808. ǩ Raustiala, Kal, (2003) “Reporting and Review Institutions in 10 MultilateralEnvironmental Agreements,” (UNEP Nairobi) 12. ǩ Sandwith, Trevor, Shine, Clare, Hamilton, Lawrence, Shephard, David (2001) Transboundary Protected Areas for Peace and Co-operation Best Practice Protected Areas Guidelines N °7 International Union for Conservation of Nature (IUCN) ǩ Sverdlov, Erez, Marinov, Uri, Vaklein, David, (2004) Policy and Planning of Solid Waste in Israel, A Master Plan for Solid Waste, approved in 2007 by Israel’s National Council for Planning and Building. ǩ Talitman, Dorit, Alon Tal and Shmuel Brenner. “The Devil is in the Details: Increasing International Law’s Influence on Domestic Environmental Performance--the Case of Israel and the Mediterranean Sea”. New York University Environmental Law Journal, Vol. 11 no. 2, p. 414-478, 2003. ǩ Tal, Alon (2006) Israel’s Environment, Natural Resources, Crises, Conflicts and Policy - from the Inception of Zionism to the 21st Century. (In Hebrew) , Tel Aviv, Sifriat HaPoalim. ǩ Tal, Alon, “International Water Law and Implications For Cooperative IsraeliPalestinian Transboundary Water Management”, Security and Transboundary Water Management (C. Lipchin, E. Pallant, Ed.) Springer, 2007.

377


378

The Geneva Initiative

ǩ Texas Air Control Board, (2002) “Major Stationary Sources of Air Pollution”, Rule 101.10 under the Texas Clean Air Act of 1972. http://www.texasep.org/html/air/ air_6maj.html ǩ ǩ United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, (UNCCD, 1994) June 17, 1994, art. 9, U.N. Doc. A/AC.241/15/Rev. 7 (1994), reprinted in 33 I.L.M. 1328 (1994) United Nations Environment Programme (UNEP) (2003) Desk Study on the Environment in the Occupied Palestinian Territories, Nairobi, Kenya. ǩ UNEP (2006) Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer - 7th Edition (2006) http://ozone.unep.org/Publications/MP_ Handbook/Section_3.5_Annexes_Non-Compliance_procedure/Non-compliance_ procedure.shtml. ǩ The U.S. Central America Free Trade Agreement (2006) Draft Environmental Cooperation Agreement (US-DR-CAFTA) ǩ The U.S.-Peru Environmental Cooperation Agreement (http://www.state.gov/g/ oes/rls/or/2006/69627.htm) ǩ Woerker, Elizabeth (2007) Herd No More, A Historic Evaluation of Israeli Grazing Policies, Ben Gurion University (unpublished Masters Thesis). ǩ World Health Organization (2005) Air Quality Guidelines, Global Update, 2005, Bonn, Germany. ǩ Zbicks, D., “A Global List of Adjoining Protected Areas”, in D. Cummings (ed.) Study on the Development of Transboundary Natural Resources Management Areas in Southern Africa, Washington D.C. 124-127 as quoted in Kliot, 2003.


12

Economy 9eef[hWj_edX[jm[[dJme;Yedec_[i0 J^[9Wi[ie\JhWdifehjWj_edWdZ;b[Yjh_Y_jo (Written by: Aix Group: Economic Dimensions of a Two-State Agreement between Israel and Palestine)

ǩ Development Strategy

ǩ Air Transportation

ǩ Forms of Cooperation

ǩ Sea Transportation

ǩ Airports

ǩ Estimating Future Demands

ǩ Seaports

ǩ Strategic Scenarios

ǩ Roads

ǩ Electricity Supply Capacity

ǩ Rails


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13

The Link to the Arab Peace Initiative


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The Geneva Initiative

With the implementation of this agreement as well as agreements between Israel and Syria and Lebanon, the Arab states under the Arab League will fulfill their commitment as stipulated for in the Arab Peace Initiative and establish normal relations with Israel. The establishment of normal relations will inaugurate a new era of peace and cooperation between Israel and every Arab state, and will include mutual recognition, the exchange of diplomatic representations between Israel and all Arab states, the establishment of commercial and trade relations as well as cooperation in areas of tourism, regional infrastructure, telecommunications, and more. For reference, enclosed is the text of the Arab Peace Initiative, as endorsed by the Arab League in Beirut in 2002 and again in Riyadh 2007. While the Arab Peace Initiative provides general parameters for peace between Israel and its neighbors, including Syria and Lebanon, the Geneva Initiative elaborates on those parameters relating to Israeli-Palestinian peace in order to present a detailed final-status draft agreement between Israel and Palestine.


The Arab Peace Initiative

Geneva Accord J^[7hWXF[WY[?d_j_Wj_l[ CWhY^(."(&&( The Council of Arab States at the Summit Level at its 14th Ordinary Session, Reaffirming the resolution taken in June 1996 at the Cairo Extra-Ordinary Arab Summit that a just and comprehensive peace in the Middle East is the strategic option of the Arab countries, to be achieved in accordance with international legality, and which would require a comparable commitment on the part of the Israeli government. Having listened to the statement made by his royal highness Prince Abdullah bin Abdul Aziz, crown prince of the Kingdom of Saudi Arabia, in which his highness presented his initiative calling for full Israeli withdrawal from all the Arab territories occupied since June 1967, in implementation of Security Council Resolutions 242 and 338, reaffirmed by the Madrid Conference of 1991 and the land-for-peace principle, and Israelâ&#x20AC;&#x2122;s acceptance of an independent Palestinian state with East Jerusalem as its capital, in return for the establishment of normal relations in the context of a comprehensive peace with Israel. Emanating from the conviction of the Arab countries that a military solution to the conflict will not achieve peace or provide security for the parties, the council: 1. Requests Israel to reconsider its policies and declare that a just peace is its strategic option as well. 2. Further calls upon Israel to affirm: a. Full Israeli withdrawal from all the territories occupied since 1967, including the Syrian Golan Heights, to the June 4, 1967 lines as well as the remaining occupied Lebanese territories in the south of Lebanon. b. Achievement of a just solution to the Palestinian refugee problem to be agreed upon in accordance with UN General Assembly Resolution 194. c. The acceptance of the establishment of a sovereign independent Palestinian state on the Palestinian territories occupied since June 4, 1967 in the West Bank and Gaza Strip, with East Jerusalem as its capital.

421


422

The Geneva Initiative

3. Consequently, the Arab countries affirm the following: a. Consider the Arab-Israeli conflict ended, and enter into a peace agreement with Israel, and provide security for all the states of the region. b. Establish normal relations with Israel in the context of this comprehensive peace. 4. Assures the rejection of all forms of Palestinian patriation which conflict with the special circumstances of the Arab host countries 5. Calls upon the government of Israel and all Israelis to accept this initiative in order to safeguard the prospects for peace and stop the further shedding of blood, enabling the Arab countries and Israel to live in peace and good neighborliness and provide future generations with security, stability and prosperity 6. Invites the international community and all countries and organizations to support this initiative. 7. Requests the chairman of the summit to form a special committee composed of some of its concerned member states and the secretary general of the League of Arab States to pursue the necessary contacts to gain support for this initiative at all levels, particularly from the United Nations, the Security Council, the United States of America, the Russian Federation, the Muslim states and the European Union.


The Arab Peace Initiative

423

Geneva Accord J^[7hWXB[W]k[

Syria

Tunisia

Lebanon Israel

Morocco

Palestine Algeria

Libya

Iraq Jorden

Kuwait

Eygpt

Qatar Saudi Arabia

Bahrain

UAE Oman

Mauritania Sudan

Yemen Djibouti Somalia

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