Wye Deadline Passes
The Wye River Memorandum, signed in Washington on October 23, 1998, sets out
a series of specific obligations of the Israeli and Palestinian sides to be
implemented in a phased approach in accordance with a detailed Time Line.
The implementation of the obligations set out in this Time
Line was due to
have been completed on 29 January 1999, but, as described below, most of the
Palestinian obligations set out in the Memorandum are still awaiting
implementation.
Despite recent internal political developments in Israel, the Government of
Israel has reiterated its commitment to the Wye Memorandum in all its
aspects, together with all the other Israel-Palestinian agreements. Israel
will continue to negotiate all outstanding issues and implement its
obligations on the basis of reciprocity.
Security obligations
Significant Palestinian security obligations are still outstanding. In
particular, the Palestinian side has not taken the necessary measures to
"outlaw all organizations (or wings of organizations, as appropriate) of a
military, terrorist or violent character and their support structure". The
Palestinian side has also failed to engage in "full bilateral security
cooperation" as required by the Memorandum, and to provide a detailed
security work plan for the fight against terrorism.
Also of grave concern is the continuation of the "revolving door" policy
whereby security offenders are subjected to token arrests and almost
immediately released. In addition, not only has the Palestinian side not
imprisoned the wanted terrorists that it undertook to arrest in the Wye
talks, but to the contrary, it continues to release terrorists from within
its custody.
Illegal weapons
Under the Wye Memorandum, the Palestinian side undertook to establish a
legal framework for the collection of illegal weapons, and also to take
significant steps to collect and dispose of illegal weapons. Following these
commitments, the Palestinian side issued a decree against illegal weapons,
but the Palestinian law on which this decree is based violates the
Israeli-Palestinian agreements in a number of respects, including permitting
the introduction and use of arms and ammunition absolutely prohibited by the
Interim Agreement.
In practice, there are literally thousands of illegal weapons freely held in
the areas under Palestinian jurisdiction, not only in the hands of civilians
but also in the hands of the Palestinian Police. These weapons considerably
exceed the numbers permitted by the Interim Agreement and many of them,
including mortars, mines and grenade launchers, are totally prohibited by
the Agreement. During the current period, when the international community
is witness to the importance of supervision of weaponry and ammunition,
these breaches must be treated with particular gravity.
At the Wye talks it was agreed that the modalities for granting weapons
licenses, and the categories of persons to be granted such licenses, would
be agreed between the two sides in the Joint Security Committee, as required
by the Security Annex of the Interim Agreement. This commitment was restated
in a letter from Saeb Erakat to the Israeli Cabinet Secretary, dated
November 18, 1998. However, despite Israeli requests to raise this issue in
the Joint Security Committee, the Palestinian side has refused to discuss
it. In the meantime, the Palestinian side continues to issue weapons
licenses, in disregard of its obligation under the Interim Agreement. Thus,
not only is the Palestinian side not fulfilling its obligation to confiscate
illegal weapons, but, by continuing to grant weapons licences in violation
of the Agreement, it is actually exacerbating the situation.
Under the Wye Memorandum it was also agreed that a trilateral committee
would be established to deal with the unauthorized introduction of weapons
and explosive materials into the Palestinian areas. According to the Time
Line, this committee should not only have met, but also have submitted its
first report. However, although Israel has appointed its representatives to
this committee and requested that it convene, it has still not met.
Palestinian Police
Under the Wye Time Line, the Palestinian side is obliged to fulfil its
outstanding commitment under the Interim Agreement and transfer a list of
Palestinian policemen to the Israeli side for its approval. In doing so, it
should ensure that the number of policemen does not exceed 30,000, as
prescribed by the Interim Agreement. The size of the Palestinian police is
currently considerably in excess of this number. Notwithstanding repeated
statements by the Palestinian side that the list will "shortly be
transferred to Israel", it has still not been received by the Israeli side.
It should be recalled that the Memorandum requires not only that the list be
transferred but also that the Monitoring and Steering Committee review the
list and issue a report.
Preventing Incitement
In the Wye Memorandum, the Palestinian side undertook to issue a decree
prohibiting "all forms of incitement to violence and terror" and to
establish a mechanism which would "act systematically against all
expressions or threats of violence or terror". A decree was published by the
Palestinian side on 19 November 1998, and although it makes no reference to
terrorism as required by the Memorandum, and contains a number of legal
inconsistencies, it was welcomed as a positive step by the Israeli side.
However, despite the decree, and the meetings of the trilateral
Anti-incitement Committee, incitement to violence and terrorism continues,
both by Palestinian Authority leaders and in the official Palestinian
media.
PLO Charter
Israel was pleased to note that at a meeting in Gaza on 14 December 1998,
the PNC adopted a resolution amending the PLO charter, as required by its
outstanding obligations from: the exchange of letters between Chairman
Arafat and Prime Minister Rabin dated September 1993, the exchange of letters attached to the Gaza-Jericho Agreement of May 1994, the Interim
Agreement of September 1995 and the Note for the Record attached to the Hebron Protocol of January 1997.
Unilateral Actions
The Wye Memorandum restates the prohibition established in the previous
Israeli-Palestinian agreements against initiating or taking any step which
will change the status of Judea and Samaria (the West Bank) and the Gaza
Strip. However, notwithstanding the obligation to resolve this issue through
negotiations, the Palestinian side has repeatedly stated its intention to
unilaterally declare an independent state with Jerusalem as its capital in
May 1999. Such statements are inconsistent with the provisions of the Wye
Memorandum, with the Interim Agreement, and with the undertaking in Chairman
Arafat's letter of September 9, 1993, that "all outstanding issues relating
to permanent status will be resolved through negotiations".
Further Redeployment (FRD)
The Wye Memorandum provides for three stages of further redeployment in the
course of the Time Line. Each of these is listed at the end of the relevant
phase and is contingent upon the implementation of the prior Palestinian
commitments within that phase. Upon completion of these commitments Israel
is obliged to implement the FRD obligation. Thus, at the conclusion of the
second phase, ending week 2 of the Time Line, Israel implemented the first
stage of the FRD, transferring 2% of Area C to the status of Area B and 7.1%
of Area B to Area A.
At the conclusion of the subsequent phases, Israel was to have implemented
further stages of the FRD. However, as noted above, significant Palestinian
obligations required to be implemented prior to these stages are still
outstanding. Israel awaits implementation of these commitments so that it
can implement its FRD undertakings on the basis of reciprocity.
Release of Prisoners
The release of prisoners by Israel was not specifically included in the Wye
Memorandum, but it was agreed that 750 prisoners would be released in three
phases. Israel has released prisoners in full compliance with both the Wye
understanding and the Interim Agreement, and with Israel's clear statement
at the Wye talks that it would not release prisoners that were members of
the Hamas or Islamic Jihad organizations or who have blood on the hands.
Although the provisions of the Interim Agreement and the Wye understanding
on this issue are perfectly clear, the Palestinian side has raised new
demands, insisting on the release of terrorists with blood on their hands,
which have no basis in any of the agreements between the two sides.
Moreover, rather than condemn or seek to calm the violent demonstrations
that have been fomented over this issue, Palestinian leaders have condoned
and even encouraged such violence.
Interim committees and economic issues
The Wye Memorandum provided that the parties would reactivate all standing
committees established by the Interim Agreement, and specified in particular
the Monitoring and Steering Committee, the Joint Economic Committee, the
Civil Affairs Committee, the Legal Committee and the Standing Cooperation
Committee. All of these have met on a regular basis since the entry of the
Memorandum into force, except for the Legal committee and the Standing
Cooperation Committee both of which, despite repeated Israeli calls, the
Palestinian side has refused to convene.
The current status of the various interim committees is as follows:
Gaza Airport Committee
The Committee has completed its work. The protocol on Gaza Airport was
signed on 20 November 1998, and the airport was officially opened on 24
November 1998. Technical issues relating to the airport continue to be dealt
with on a professional basis between the two sides. Israel has expressed
particular concern over a recent incident in which Palestinian officials
refused to undergo security inspections as agreed in the Airport Protocol,
and has stated that should such an incident recur, it will not be able to
continue to permit the airport to function.
Gaza Industrial Estate
Following the conclusion of the negotiations between the two sides, the
Karni commercial crossing point was opened on 14 December 1998. Israel now
awaits Palestinian confirmation that the industrial estate is ready to
commence operation.
Gaza Port
The negotiations on this issue continue with eight rounds of negotiations
having taken place since the signing of the Wye Memorandum. The key issues
requiring resolution relate to security responsibilities concerning incoming
vessels and in the port area. Israel has made a number of new proposals to
resolve these issues.
Safe Passage
The two sides have continued to negotiate this issue and have had five
rounds of negotiations since Wye. The Wye Memorandum provided that the two
sides would make best efforts to conclude the safe passage agreement in
relation to the southern route within a week of the entry into force of the
Memorandum and start operation of this route as soon as possible thereafter.
But although the protocol on safe passage is virtually complete, the
Palestinian side has gone back on a number of practical arrangements that
were agreed in the Wye talks and, in direct contravention of the Wye
Memorandum, insists on dealing with issues relating to the northern route
prior to the opening of the southern route. Recent attempts by Israel to
convene this committee to close outstanding issues have not met with a
positive response.
Standing Cooperation Committee ("People to People")
Many practical projects designed to break down barriers between the two
sides are actually happening in the field but, despite repeated Israeli
requests, the Palestinian side has not agreed to convene this committee.
Joint Economic Committee
As provided by the Wye Memorandum, the JEC has established an ad hoc
committee. It has held five rounds of talks to date, dealing with four key
issues as follows:
Car thefts from Israel to the areas under Palestinian jurisdiction - a joint
task force of the Israeli and Palestinian police has been established to
deal with this problem though its impact has not yet been felt on the
ground.
Repayment of Palestinian debts - Palestinian undertakings have been received
to repay a number of outstanding debts, but significant debts remain
unpaid.
Expansion of the A1 and A2 lists set out in the Paris Economic protocol -
Israel has agreed to expand the list relating to trade with Jordan and
Egypt.
Purchase tax - Israel has agreed to the Palestinian request for a refund of
purchase tax on Israeli products.
Israel's recent attempts to convene this committee to convene discussions
have not received a positive response.
Legal Committee
Israel has received no response to its repeated requests to convene the
Legal Committee in accordance with Article III of the Memorandum.
Trilateral anti-incitement committee
This committee, established by the Wye Memorandum to monitor and prevent
incitement, has met five times to date. Very little of substance has been
achieved, primarily because of the insistence of the Palestinian side on
including discussions of settlements, prisoner releases and other issues
dealt with in other fora of negotiations. The Palestinian side has yet to
investigate or respond to any of the many examples of incitement to violence
provided by the Israeli side, and despite Israeli concerns about frequent
calls to Jihad and the use of violence in Palestinian textbooks, refuses to
discuss the issue of incitement within the educational system.
Civil Affairs Committee and Civilian sub-committees
These committees continue to operate to resolve issues arising from the
transfer of Israeli civilian responsibilities to the Palestinian side, and
have held tens of meetings since the conclusion of the Wye Memorandum.
Regular meetings are held at the professional level to deal with such issues
as water, electricity and the environment, as well as the population
registry in the territories.
Sources: Israeli
Government Press Office |