Cabinet Resolution
Regarding the Disengagement Plan
(June 6, 2004)
Addendum
A - Revised Disengagement
Plan -
Main Principles
1. Background -
Political and Security Implications
The State of
Israel is committed to the peace
process and aspires to reach an agreed
resolution of the conflict based upon the vision of US President George
Bush.
The
State of Israel believes that it must act
to improve the current situation. The State
of Israel has come to the conclusion that
there is currently no reliable Palestinian
partner with which it can make progress in
a two-sided peace process. Accordingly, it
has developed a plan of revised disengagement (hereinafter - the plan), based on the following
considerations:
One. The
stalemate dictated by the current situation
is harmful. In order to break out of this
stalemate, the State of Israel is required
to initiate moves not dependent on Palestinian
cooperation.
Two. The
purpose of the plan is to lead to a better
security, political, economic and demographic
situation.
Three. In
any future permanent status arrangement,
there will be no Israeli towns and villages
in the Gaza Strip. On the other hand, it
is clear that in the West Bank, there are
areas which will be part of the State of
Israel, including major Israeli population
centers, cities, towns and villages, security
areas and other places of special interest
to Israel.
Four. The
State of Israel supports the efforts of
the United States, operating alongside
the international community, to promote
the reform process, the construction of
institutions and the improvement of the
economy and welfare of the Palestinian
residents, in order that a new Palestinian
leadership will emerge and prove itself
capable of fulfilling its commitments under
the Roadmap.
Five. Relocation
from the Gaza Strip and from an area in
Northern Samaria should reduce friction
with the Palestinian population.
Six. The
completion of the plan will serve to dispel
the claims regarding Israel's responsibility
for the Palestinians in the Gaza Strip.
Seven. The
process set forth in the plan is without
prejudice to the relevant agreements between
the State of Israel and the Palestinians. Relevant
arrangements shall continue to apply.
Eight. International
support for this plan is widespread and
important. This support is essential in
order to bring the Palestinians to implement
in practice their obligations to combat
terrorism and effect reforms as required
by the Roadmap, thus enabling the parties
to return to the path of negotiation.
2. Main
Elements
A. The
process:
The
required preparatory work for the implementation
of the plan will be carried out (including
staff work to determine criteria, definitions,
evaluations, and preparations for required
legislation).
Immediately
upon completion of the preparatory work,
a discussion will be held by the Government
in order to make a decision concerning
the relocation of settlements, taking into
consideration the circumstances prevailing
at that time – whether or not to
relocate, and which settlements.
The
towns and villages will be classified into
four groups, as follows:
1) Group
A - Morag, Netzarim, Kfar Darom
2) Group B - the villages of Northern
Samaria (Ganim, Kadim, Sa-Nur and Homesh).
3) Group C - the towns and villages of
Gush Katif
4) Group D - the villages of the Northern
Gaza Strip (Elei Sinai, Dugit and Nissanit)
It
is clarified that, following the completion
of the aforementioned preparations, the
Government will convene periodically in
order to decide separately on the question
of whether or not to relocate, with respect
to each of the aforementioned groups.
3. The
continuation of the aforementioned process
is subject to the resolutions that the
Government will pass, as mentioned above
in Article 2, and will be implemented in
accordance with the content of those resolutions.
3.1 The
Gaza Strip
1) The
State of Israel will evacuate the Gaza
Strip, including all existing Israeli towns
and villages, and will redeploy outside
the Strip. This will not include military
deployment in the area of the border between
the Gaza Strip and Egypt ("the Philadelphi
Route") as detailed below.
2) Upon
completion of this process, there shall
no longer be any permanent presence of
Israeli security forces in the areas of
Gaza Strip territory which have been evacuated.
3.2 The
West Bank
3) The
State of Israel will evacuate an area in
Northern Samaria (Ganim, Kadim, Sa-Nur
and Homesh), and all military installations
in this area, and will redeploy outside
the vacated area.
4) Upon
completion of this process, there shall
no longer be any permanent presence of
Israeli security forces in this area.
5) The
move will enable territorial contiguity
for Palestinians in the Northern Samaria
area.
6) The
State of Israel will assist, together with
the international community, in improving
the transportation infrastructure in the
West Bank in order to facilitate the contiguity
of Palestinian transportation.
7) The
process will facilitate normal life and
Palestinian economic and commercial activity
in the West Bank.
3.3
The intention is to complete the planned
relocation process by the end of 2005.
B. The
Security Fence:
The
State of Israel will continue building
the Security Fence, in accordance with
the relevant decisions of the Government. The
route will take into account humanitarian
considerations.
3. Security
Situation Following the Relocation
One. The
Gaza Strip:
1) The
State of Israel will guard and monitor
the external land perimeter of the Gaza
Strip, will continue to maintain exclusive
authority in Gaza air space, and will continue
to exercise security activity in the sea
off the coast of the Gaza Strip.
2) The
Gaza Strip shall be demilitarized and shall
be devoid of weaponry, the presence of
which does not accord with the Israeli-Palestinian
agreements.
3) The
State of Israel reserves its fundamental
right of self-defense, both preventive
and reactive, including where necessary
the use of force, in respect of threats
emanating from the Gaza Strip.
Two. The
West Bank:
1) Upon
completion of the evacuation of the Northern
Samaria area, no permanent Israeli military
presence will remain in this area.
2) The
State of Israel reserves its fundamental
right of self-defense, both preventive
and reactive, including where necessary
the use of force, in respect of threats
emanating from the Northern Samaria area.
3) In
other areas of the West Bank, current security
activity will continue. However, as circumstances
require, the State of Israel will consider
reducing such activity in Palestinian cities.
4) The
State of Israel will work to reduce the
number of internal checkpoints throughout
the West Bank.
4. Military
Installations and Infrastructure in the
Gaza Strip and Northern Samaria
In
general, these will be dismantled and evacuated,
with the exception of those which the State
of Israel decides to transfer to another
party.
5. Security
Assistance to the Palestinians
The
State of Israel agrees that by coordination
with it, advice, assistance and training
will be provided to the Palestinian security
forces for the implementation of their
obligations to combat terrorism and maintain
public order, by American, British, Egyptian,
Jordanian or other experts, as agreed therewith.
No foreign security presence may enter the Gaza Strip
and/or the West Bank without being coordinated with
and approved by the State of Israel.
6. The
Border Area Between the Gaza Strip and
Egypt (Philadelphi Route)
The
State of Israel will continue to maintain
a military presence along the border between
the Gaza Strip and Egypt (Philadelphi Route). This
presence is an essential security requirement.
At certain locations, security considerations
may require some widening of the area in
which the military activity is conducted.
Subsequently,
the evacuation of this area will be considered.
Evacuation of the area will be dependent,
inter alia, on the security situation and
the extent of cooperation with Egypt in
establishing a reliable alternative arrangement.
If
and when conditions permit the evacuation
of this area, the State of Israel will
be willing to consider the possibility
of the establishment of a seaport and airport
in the Gaza Strip, in accordance with arrangements
to be agreed with Israel.
7. Real
Estate Assets
In
general, residential dwellings and sensitive
structures, including synagogues, will
not remain. The State of Israel will
aspire to transfer other facilities, including
industrial, commercial and agricultural
ones, to a third, international party which
will put them to use for the benefit of
the Palestinian population that is not
involved in terror.
The
area of the Erez industrial zone will be
transferred to the responsibility of an
agreed upon Palestinian or international
party.
The
State of Israel will explore, together
with Egypt, the possibility of establishing
a joint industrial zone on the border of
the Gaza Strip, Egypt and Israel.
8. Civil
Infrastructure and Arrangements
Infrastructure
relating to water, electricity, sewage
and telecommunications will remain in place.
In
general, Israel will continue, for full
price, to supply electricity, water, gas
and petrol to the Palestinians, in accordance
with current arrangements.
Other
existing arrangements, such as those relating
to water and the electro-magnetic sphere
shall remain in force.
9. Activity
of Civilian International Organizations
The
State of Israel recognizes the great importance
of the continued activity of international
humanitarian organizations and others engaged
in civil development, assisting the Palestinian
population.
The
State of Israel will coordinate with these
organizations arrangements to facilitate
their activities.
The
State of Israel proposes that an international
apparatus be established (along the lines
of the AHLC), with the agreement of Israel
and international elements which will work
to develop the Palestinian economy.
10. Economic
Arrangements
In
general, the economic arrangements currently
in operation between the State of Israel
and the Palestinians shall remain in force. These
arrangements include, inter alia:
One. The
entry and exit of goods between the Gaza
Strip, the West Bank, the State of Israel
and abroad.
Two. The
monetary regime.
Three. Tax
and customs envelope arrangements.
Four. Postal
and telecommunications arrangements.
Five. The
entry of workers into Israel, in accordance
with the existing criteria.
In
the longer term, and in line with Israel’s
interest in encouraging greater Palestinian
economic independence, the State of Israel
expects to reduce the number of Palestinian
workers entering Israel, to the point that
it ceases completely. The State of
Israel supports the development of sources
of employment in the Gaza Strip and in
Palestinian areas of the West Bank, by
international elements.
11. International
Passages
a.
The International Passage Between the Gaza
Strip and Egypt
1) The
existing arrangements shall continue.
2) The
State of Israel is interested in moving
the passage to the "three borders" area,
south of its current location. This would
need to be effected in coordination with
the Government of Egypt. This move would
enable the hours of operation of the passage
to be extended.
b.
The International Passages Between the
West Bank and Jordan:
The
existing arrangements shall continue.
12. Erez
Crossing Point
The
Erez crossing point will be moved to a
location within Israel in a time frame
to be determined separately by the Government.
13. Conclusion
The
goal is that implementation of the plan
will lead to improving the situation and
breaking the current deadlock. If
and when there is evidence from the Palestinian
side of its willingness, capability and
implementation in practice of the fight
against terrorism, full cessation of terrorism
and violence and the institution of reform
as required by the Road Map, it will be
possible to return to the track of negotiation
and dialogue.
*
* * *
Addendum
C - Format of the Preparatory
Work for the Revised Disengagement
Plan
1. A
process of relocation involves many significant
personal repercussions for the relocated
residents. In implementing the plan,
the Government of Israel is obliged to
consider the implications for the relocated
residents, assist them, and ease the process
for them as much as possible. The
difficulties and sensitivities involved
in the process must be born in mind by
the Government and by those who implement
the process.
2. The
Government of Israel attributes great importance
to conducting a dialogue with the population
designated for relocation, regarding various
issues relating to the implementation of
the plan - including with respect
to relocation and compensation - and
will act to conduct such a dialogue.
Establishing
an Organizational Framework
3. An
organizational framework will be established
with the purpose of addressing and assisting
in all matters related to the implementation
of the plan.
4. The
Ministerial Committee for National Security
(The Security Cabinet) will accompany and
direct the Revised Disengagement Plan,
including acceleration of the construction
of the Security Fence, with the exception
of the decisions concerning relocation
(Article 2.A (2) and (3) in Addendum A).
The
Security Cabinet will be responsible for
the implementation of this Government Resolution.
5. A
Steering Committee is hereby established
that will be responsible for coordinating
the issues pertaining to the Revised Disengagement
Plan. The Steering Committee will
report to the Security Cabinet on its activities,
and bring before it issues which require
a decision by the political echelon. The
Steering Committee will include the following
members:
One. Head
of the National Security Council -
Chairman
Two. Representatives of the Ministry
of Defense, the IDF and the Israel Police
Three. Director-General of the Prime Minister’s
Office
Four. Director General of the Ministry of
Finance
Five. Director General of the Ministry of
Justice
Six. Director General of the Ministry of Foreign
Affairs
Seven. Director General of the Ministry of
Industry, Trade and Labor
Eight. Director General of the Ministry of
Agriculture and Rural Development
Nine. Director General of the Ministry of
National Infrastructures
Ten. Director General of the Ministry of the
Interior
Eleven. Director General of the Ministry of
Construction and Housing
6. A
Committee on Relocation, Compensation,
and Alternative Settlement is hereby established
which will be charged with the task of
preparing legislation regarding relocation
and compensation, as well as details of
the principles and indexes for compensation,
including incentives, advance payments,
and compensatory aspects of relocation
alternatives in priority areas, in accordance
with Government policy. The Committee’s
recommendations will be presented to the
Security Cabinet and serve as a basis for
the draft bill on this issue.
This
committee will constitute the exclusive
authorized body for the coordination and
conducting of dialogue with the population
designated for relocation and compensation,
and with all other bodies related to the
issue of compensation - until the
completion of the legislation. The
Committee will be able to establish professional
sub-committees, as it deems necessary,
for the sake of fulfilling its tasks. The
committee will include the following members:
One. Director
General of the Ministry of Justice -
Chairman
Two. Representative of the Ministry of Finance
Three. Representative of the Ministry of Industry,
Trade and Labor
Four. Representative of the Ministry of Agriculture
and Rural Development
Five. Representative of the Prime Minister’s
Office
7. The
Jewish Agency for Israel, as a body involved
in settlement, will act in accordance with
instructions from the Steering Committee
and in coordination with the Committee
on Relocation, Compensation and Alternative
Settlement. The role of the Jewish
Agency will be to carry out the activities
required for alternative settlement, either
agricultural or communal, for those among
the relocated civilian population who so
desire.
8. a. An
Executive Administration is hereby established
in the Prime Minister’s Office
which will be subordinate to the Steering
Committee. Its task will be to implement
this Government Resolution with regard
to the relocation of civilians and compensation.
Two. The
Executive Administration will be authorized
to grant advance payments to those eligible
for compensation - which will be counted
against the compensation to be owed to
them - according to terms that will
be determined by the Committee on Relocation,
Compensation, and Alternative Settlement,
and in accordance with the instructions
and procedures established by the said
Committee.
Three. The
Head of the Executive Administration will
hold the rank of Ministry Director General.
9. All
Government ministries and other governmental
bodies will forward, without delay, all
information required for the aforementioned
organizational frameworks to fulfill their
tasks.
Legislation
10. a. The
Ministry of Justice will formulate and
the Prime Minister will submit, as soon
as possible, a draft bill to the Ministerial
Committee for Legislation, which will include
provisions regarding relocation and compensation
for those eligible, as well as the authority
necessary for this purpose.
Two. Soon
thereafter, the Government will submit
the bill to the Knesset.
Three. The
IDF Military Commanders in the Areas will
issue the Security Legislation necessary
for the implementation of the Government’s
Resolutions.
Budget
11. a. Within
one month of the adoption of this Resolution,
the Director of the Budget Division of
the Ministry of Finance, in coordination
with the Director General of the Prime
Minister’s Office and the Director
General of the Ministry of Justice, will
allocate the required budget and other
resources necessary for the Steering Committee,
the Committee on Relocation, Compensation
and Alternative Settlement, the Executive
Administration and the Jewish Agency to
carry out their activities.
Two. The
2005 Budget and subsequent budgets will
be adjusted periodically to conform with
the process and Government Resolutions
on this issue.
Three. For
the sake of commencing its activities,
the Executive Administration will be allocated,
in the first stage, 10 staff positions.
Transition
Instructions
12. During
the interim period from the date this Resolution
is passed, the following instructions will
apply to the towns, villages and areas
included in the plan (hereafter -
the towns and villages), for the purpose
of making preparations on the one hand,
while maintaining normal and continuous
daily life on the other:
One. Municipal
and communal activities related to the
course of normal life and services to which
residents are entitled will continue unaffected,
including services provided by the regional
council, as well as security, education,
welfare, telecommunications, mail, public
transportation, electricity, water, gas,
petrol, health services, banks and all
other services customarily provided to
towns and villages prior to this Resolution.
Two. Government
plans for construction and development
that have yet to commence will not be advanced
for implementation.
Three.
Four. Nothing
stated in this Resolution is intended to
undermine Government Resolution no. 150,
dated August 2, 1996, regarding other areas. The
aforementioned Government Resolution no.
150 will also apply to towns and villages
for the purpose of approval prior to planning
and land allocation.
Exceptional
Cases Committee
13. An
Exceptional Cases Committee will be established
which will be authorized to permit the
implementation of any plan which was frozen,
in accordance with the provisions above,
and authorized to decide not to advance
plans even if their implementation has
already commenced, following an examination
of each individual case, and in keeping
with criteria that it shall establish.
The
Exceptional Cases Committee will be headed
by the Director General of the Prime Minister’s
Office, and will include the Directors
General of the Ministries of Finance and
Justice.
Decisions
of the Exceptional Cases Committee may
be appealed to the Security Cabinet, in
any instance where they are brought before
it by a member of the Government.
Principles
for Compensation
14. a. The
date which determines the right for compensation
is the date of the adoption of this Government
Resolution.
b. Those
entitled to compensation will receive fair
and suitable compensation, as will be set
out in the law legislated for this purpose.
Sources: Israeli Foreign Ministry |