Memorandum of Understanding
on Establishment
(January 30, 1997)
Introduction
The Temporary International Presence in Hebron
(hereafter referred to as TIPH) is established
under the Agreement between Israel and the
Palestine Liberation Organization (hereafter
referred to as PLO) on the Temporary International
Presence in the City of Hebron of 21 January
1997 (hereafter referred to as "the Agreement").
The Agreement contains the terms of reference
for the TIPH and set out its mandate. Its
area of operation will be the City of Hebron
as defined in the Israeli – Palestinian
Interim Agreement on the West Bank and the
Gaza Strip.
TIPH shall function for a period of three
months, renewable for an additional period
of three months otherwise agreed between Israel
and the PLO.
A: Organizational
structure
1) TIPH will consist of up to 180 members
from Denmark, Italy, Norway, Sweden, Switzerland
and Turkey.
2) The Head of Mission (hereafter referred
to as HOM) will be appointed by Norway and
will have the authority to direct and instruct
all personnel assigned to him as he may deem
necessary to accomplish the Mission.
3) A Senior National Representative will
be appointed from each country. The Representatives
will be given responsibility for heading various
sections within the TIPH organization. One
Senior National Representative will act as
Deputy Head of Mission.
4) In the relationship between the TIPH contingents
and subject to the Agreement ultimate decision
making authority in TIPH matters remains with
the Governments of the participating countries.
In matters which require joint decisions consultations
will take place as appropriate on the national
or on the local level.
5) Each countries will cover all personnel
costs directly related to its citizens in
the TIPH such as salaries, allowances, insurance,
personal equipment and travel costs. Other
costs in connection with the participation
in the mission will be divided pro rata except
for office, transport, mobile radios and phone/fax
related expenses which will be divided equally
between the participating countries.
6) In the City of Hebron the members of TIPH
will wear a distinctive uniform with an emblem
consisting f the letters TIPH. The observers
will also wear armlets marked OBSERVERS in
English, Arabic and Hebrew.
7) The TIPH will provide its members with
ID card in English, Arabic and Hebrew.
8) The working language of the TIPH is English.
9) TIPH headquarters and accommodations will
be established by TIPH in premises in the
City of Hebron.
B: Operational guidelines
1) As foreseen in the Agreement, the TIPH
will maintain close co-ordination with the
parties through the District Co-ordination
Office (hereafter called the DCO) and the
Joint Hebron Committee (hereafter called the
JHC).
2) The TIPH will elaborate daily situation
report based on internationally recognized
human rights standards pursuant to Article
7 of the Agreement. The TIPH will report to
the Joint Hebron Committee and the Monitoring
and Steering Committee.
Summaries of the reports will be forwarded
to the governments of the participating countries.
The JHC shall meet on a weekly basis or at
the request of any of its members.
3) Members of the TIPH will enjoy freedom
of movement for the performance of their tasks
in the City of Hebron, except when notified
through the DCO of exceptional and temporary
measures. Such measures must be approved by
the respective Israeli or Palestinian commander
of the Hebron area, as appropriate. Members
of the TIPH will not enter privately held
areas, or military camps and security installations
without specific permission from the qualified
individual or authorities as appropriate.
4) As a basis for its reporting activities,
the TIPH may use necessary equipment such
as photo and video equipment (the TIPH-reports
are not for public use).
5) For the purpose of entering and leaving
the area of operation the necessary arrangements
will be made according to the Agreement.
6) Members of the TIPH will not interfere
in disputes or incidents. Disputes or incidents
will be reported immediately to the TIPH HOM.
7) Internal safety measures will be taken,
after appropriate co-ordination, by the TIPH
to protect its personnel in their functions
and off duty.
C: Logistics and
support
1) The TIPH will set up an internal communication
network (mobile-transceivers, in all vehicles
and to members of TIPH). The Israeli authorities
will allocate the necessary frequencies. TIPH
will also establish external communication
systems: Telephones, fax and satellite communication.
2) A logistics and support organization will
be set up, including the necessary staff and
equipment.
3) In meeting the logistical needs, such
as housing, food, fuel, repairs, medical services
etc, the TIPH may make use of local resources.
The employment of local personnel will be
co-ordinated through the Joint Hebron Committee.
4) All TIPH vehicles will be equipped with
special license plates. TIPH vehicles used
for the performance of its function in the
City of Hebron will also be marked with emblems.
TIPH vehicles will carry only members of TIPH.
D: Privileges and
immunities
1) In the area of and in connection with
its activities TIPH shall enjoy such privileges
and immunities as necessary for the fulfillment
of its task including immunity of its premises.
Similarly it shall enjoy privileges and immunities
necessary for the independent exercise of
its function.
2) Members of TIPH shall be accorded such
privileges and immunities as are necessary
for the independent exercise of their function
in their of official capacity, including the
time spent on journeys in connection with
their mission. In particular they shall be
accorded:
A: Immunity from personal arrest of detention
and from seizure of their personal baggage;
B: In respect of words spoken or written
and acts done by them, immunity from legal
process of every kind. Such immunity shall
continue irrespective of the cessation of
their mission.
C: For the purpose f their communications
with the respective Governments, the right
to use codes and to receive papers or correspondence
by courier or in sealed bags. No official
communication directed to the TIPH or to
any of its staff members, nor any outward
official communication of the TIPH, by whatever
means or in whatever form transmitted, shall
be detained in any way or suffer any interference
with its confidentiality;
D: The same immunities and facilities in
respect of their personal baggage as accorded
to diplomatic envoys.
E: 1.A VAT reimbursement arrangements for
locally procured operational supplies and
equipment, and
B privileges concerning taxes on petrol;
Similar to those which apply to diplomatic
missions in Israel.
2) All locally procured equipment, materials
and goods in respect of which VAT reimbursements
have been made, in accordance with sub-paragraph
1, will be exported or donated, at the conclusion
of the mission of the TIPH, according to applicable
customs procedures agreed upon between the
two sides.
3) Privileges and immunities are granted
to members of TIPH in the interest of the
fulfillment of the Agreement and not for the
personal benefit of the individuals themselves.
The immunity of any staff member may be waived
by the respective sending States.
4) Members of the TIPH shall not be liable
for any act or mission performed under the
terms of this Memorandum of Understanding,
except in cases of gross negligence or willful
misconduct.
E: Final provisions
This Memorandum of Understanding enters into
force on the date of its signature, and shall
remain in force for the duration of the Agreement.
Sources: Temporary
International Presence in Hebron |