Fundamental Agreement between The Holy See and Israel
(December 30, 1993)
Preamble
The Holy See and the State of Israel,
Mindful of the singular character and universal
significance of the Holy Land;
Aware of the unique nature of the relationship between the
Catholic Church and the Jewish people, and of the historic process of
reconciliation and growth in mutual understanding and friendship between
Catholics and Jews;
Having decided on 29 July 1992 to establish a 'Bilateral
Permanent Working Commission', in order to study and define together issues
of common interest, and in view of normalizing their relations;
Recognizing that the work of the aforementioned Commission
has produced sufficient material for a first and Fundamental Agreement;
Realizing that such Agreement will provide a sound and
lasting basis for the continued development of their present and future
relations and for the furtherance of the Commission's task,
Agree upon the following Articles:
Article 1
- The State of Israel, recalling its Declaration of Independence,
affirms its continuing commitment to uphold and observe the human right to
freedom of religion and conscience, as set forth In the Universal
Declaration of Human Rights and in other international instruments to which
it is a party.
- The Holy See, recalling the Declaration on Religious Freedom of the
Second Vatican Ecumenical Council, 'Dignitatis humanea', affirms the
Catholic Church's commitment to uphold the human right to freedom of
religion and conscience, as set forth in the Universal Declaration of Human
Rights and in other international instruments to which it is a party. The
Holy See wishes to affirm as well the Catholic Church's respect for other
religions and their followers as solemnly stated by the Second Vatican
Ecumenical Council in its Declaration on the Relation of the Church to
Non-Christian Religions, 'Nostra aetate'.
Article 2
- The Holy See and the State of Israel are committed to appropriate
cooperation in combatting all forms of antisemitism and all kinds of racism
and of religious intolerance, and in promoting mutual understanding among
nations, tolerance among communities and respect for human life and
dignity.
- The Holy See takes this occasion to reiterate its condemnation of
hatred, persecution and all other manifestations of antisemitism directed
against the Jewish people and individual Jews anywhere, at any time and by
anyone. In particular, the Holy See deplores attacks on Jews and desecration
of Jewish synagogues and cemeteries, acts which offend the memory of the
victims of the Holocaust, especially when they occur in the same places
which witnessed it.
Article 3
- The Holy See and the State of Israel recognize that both are free in
the exercise of their respective rights and powers, and commit themselves to
respect this principle in their mutual relations and in their cooperation
for the good of the people.
2. The State of Israel recognizes the right of the Catholic Church to carry
out its religious, moral, educational and charitable functions, and to have
its own institutions, and to train, appoint and deploy its own personnel in
the said institutions or for the said functions to these ends. The Church
recognizes the right of the State to carry out its functions, such as
promoting and protecting the welfare and the safety of the people. Both the
State and the Church recognize the need for dialogue and cooperation in such
matters as by their nature call for it.
3. Concerning Catholic legal personality at canon law the Holy See and the
State of Israel will negotiate on giving it full effect in Israeli law,
following a report from a joint subcommission of experts.
Article 4
- The State of Israel affirms its continuing commitment to maintain
and respect the 'Status quo' in the Christian Holy Places to which it
applies and the respective rights of the Christian communities thereunder.
The Holy See affirms the Catholic Church's continuing commitment to respect
the aforementioned 'Status quo' and the said rights.
- The above shall apply notwithstanding an interpretation to the contrary
of any Article in this Fundamental Agreement.
- The State of Israel agrees with the Holy See on the obligation of
continuing respect for and protection of the character proper to Catholic
sacred places, such as churches, monasteries, convents, cemeteries and their
like.
- The State of Israel agrees with the Holy See on the continuing guarantee
of the freedom of Catholic worship.
Article 5
- The Holy See and the State of Israel recognize that both have an
interest in favouring Christian pilgrimages to the Holy Land. Whenever the
need for coordination arises, the proper agencies of the Church and of the
State will consult and cooperate as required.
- The State of Israel and the Holy See express the hope that such
pilgrimages will provide an occasion for better understanding between the
pilgrims and the people and religions in Israel.
Article 6The Holy See and the State of Israel jointly reaffirm the right of the
Catholic Church to establish, maintain and direct schools and institutes of
study at all levels; this right being exercised in harmony with the rights
of the State in the field of education.
Article 7 The Holy See and the State of Israel recognize a common interest in
promoting and encouraging cultural exchanges between Catholic institutions
worldwide, and educational, cultural and research institutions In Israel,
and in facilitating access to manuscripts, historical documents and similar
source materials, in conformity with applicable laws and regulations.
Article 8 The State of Israel recognizes that the right of the Catholic Church to
freedom of expression in the carrying out of its functions is exercised also
through the Church's own communications media; this right being exercised in
harmony with the rights of the State in the field of communications
media.
Article 9
The Holy See and the State of Israel jointly reaffirm the right of the
Catholic Church to carry out its charitable functions through its health
care and social welfare institutions, this right being exercised in harmony
with the rights of the State in this field.
Article 10
- The Holy See and the State of Israel jointly reaffirm the right of
the Catholic Church to property.
- Without prejudice to rights relied upon by the Parties:
- The Holy See and the State of Israel will negotiate in good
faith a comprehensive agreement, containing solutions acceptable to both
Parties, on unclear, unsettled and disputed issues, concerning property,
economic and fiscal matters relating to the Catholic Church generally, or to
specific Catholic Communities or institutions.
- For the purpose of the said negotiations, the Permanent Bilateral
Working Commission will appoint one or more bilateral subcommissions of
experts to study the issues and make proposals.
- The Parties intend to commence the aforementioned negotiations within
three months of entry into force of the present Agreement, and aim to reach
agreement within two years from the beginning of the negotiations.
- During the period of these negotiations, actions incompatible with these
commitments shall be avoided.
Article 11
- The Holy See and the State of Israel declare their respective
commitment to the promotion of the peaceful resolution of conflicts among
States and nations, excluding violence and terror from international
life.
- The Holy See, while maintaining in every case the right to exercise its
moral and spiritual teaching-office, deems it opportune to recall that,
owing to its own character, it is solemnly committed to remaining a stranger
to all merely temporal conflicts, which principle applies specifically to
disputed territories and unsettled borders.
Article 12 The Holy See and the State of Israel will continue to negotiate in good
faith in pursuance of the Agenda agreed upon in Jerusalem, on 15 July 1992,
and confirmed at the Vatican, on 29 July 1992; likewise on issues arising
from Articles of the present Agreement, as well as on other issues
bilaterally agreed upon as objects of negotiation.
Article 13
- In this Agreement the Parties use these terms in the following
sense:
- The Catholic Church and the Church - including, inter alia,
its Communities and institutions,
- Communities of the Catholic Church - meaning the Catholic religious
entities considered by the Holy See as Churches sui juris and by the State
of Israel as Recognized Religious Communities;
- The State of Israel and the State - including, inter alia, its
authorities established by law.
- Notwithstanding the validity of this Agreement as between the Parties,
and without detracting from the generality of any applicable rule of law
with reference to treaties, the Parties agree that this Agreement does not
prejudice rights and obligations arising from existing treaties between
either Party and a State or States, which are known and in fact available to
both Parties at the time of the signature of this Agreement.
Article 14
- Upon signature of the present Fundamental Agreement and in
preparation for the establishment of full diplomatic relations, the Holy See
and the State of Israel exchange Special Representatives, whose rank and
privileges are specified in an Additional Protocol.
- Following the entry into force and immediately upon the beginning of the
implementation of the present Fundamental Agreement, the Holy See and the
State of Israel will establish full diplomatic relations at the level of
Apostolic Nunciature, on the part of the Holy See, and Embassy, on the part
of the State of Israel.
Article 15 This Agreement shall enter into force on the date of the latter notification
of ratification by a Party.
Done in two original copies in the English and Hebrew languages, both texts
being equally authentic. In case of divergency, the English text shall
prevail.
Signed in Jerusalem, this thirtieth day of the month of
December, in the year 1993, which corresponds to the sixteenth day of the
month of Tevet, in the year 5754.
FOR THE GOVERNMENT OF THE STATE OF ISRAEL
FOR THE HOLY SEE
Additional Protocol
- In relation to Art. 14 (1) of the Fundamental Agreement, signed by
the Holy See and the State of Israel, the 'Special Representatives' shall
have, respectively, the personal rank of Apostolic Nuncio and Ambassador.
- These Special Representatives shall enjoy all the rights, privileges and
immunities granted to Heads of Diplomatic Missions under international law
and common usage, on the basis of reciprocity.
- The Special Representative of the State of Israel to the Holy See, while
residing In Italy, shall enjoy all the rights, privileges and immunities
defined by Art. 12 of the Treaty of 1929 between the Holy See and Italy,
regarding Envoys of Foreign Governments to the Holy See residing in Italy.
The rights, privileges and immunities extended to the personnel of a
Diplomatic Mission shall likewise be granted to the personnel of the Israeli
Special Representative's Mission. According to an established custom,
neither the Special Representative, nor the official members of his Mission,
can at the same time be members of Israel's Diplomatic Mission to Italy.
- The Special Representative of the Holy See to the State of Israel may at
the same time exercise other representative functions of the Holy See and be
accredited to other States. He and the personnel of his Mission shall enjoy
all the rights, privileges and immunities granted by Israel to Diplomatic
Agents and Missions.
- The names, rank and functions of the Special Representatives will
appear, in an appropriate way, in the official lists of Foreign Missions
accredited to each Party.
Signed in Jerusalem, this thirtieth day of the month of
December, in the year 1993, which corresponds to the sixteenth day of the
month of Tevet, in the year 5754.
Source: Embassy of Israel to the Holy See
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