Israel's Response to Clinton Parameters, January 2001
Letter from Gilead Sher to Sandy Berger, January 5, 2001
Confidential
Re: Response of the Government
of Israel to the ideas raised by President Clinton regarding the outline of a
Framework Agreement on Permanent Status
Dear Mr. Berger,
Further to the recent conversations between the President
and the Prime Minister, and on behalf of the Prime Minister, I wish to convey
to you our comments with regard to the President's ideas.
The decision of the Ministerial Committee on National
Security of the Government of Israel of December 28, 2000 is as follows:
"President Clinton's ideas
contribute to the renewal of intensive negotiations towards a permanent
settlement between Israel and the Palestinians.
We consider these ideas to be
a basis for discussion, provided that they remain, as they are, a basis for
discussion acceptable to the Palestinians. Israel will request a number of
clarifications concerning matters of vital interest to Israel.
Israel expresses its gratitude to
President Clinton for his crucial contribution, now and throughout his entire
tenure, to advancing the peace process in the Middle East toward a better
future for the peoples of the region."
I wish to note that some of the elements outlined by the
President differ from the Israeli positions as presented in the final stages of
the negotiations, and, on other issues, the President's ideas run contrary to
ours. I refer, among others, to the following:
• Israel's
objective, recognized by the President, is to incorporate 80% of the settlers
within Settlement Blocks under Israeli sovereignty. However, the numerical
territorial values indicated by the President to become under Israeli
sovereignty are insufficient in themselves to achieve this goal, as well as to
address the additional "criteria for the development of the map" as
mention d by the President.
• The
President's ideas regarding both the Old City and Har Habayit are different
from Israel's, which stress the concept of an overriding Special Regime for the
entire Holy Basin. In addition, the suggested sovereign and functional
arrangements in and around Har Habayit require further elaboration to take
adequate account of the 3000-year ties of Judaism to the site. Finally, the
creation of sustainable arrangements in all relevant spheres, e.g. civil
affairs, security, religion and municipal services, for all the inhabitants of
Yerushalaim and El-Quds would require balancing of the various principles
outlined by the President.
• The
President's ideas on security-related issues differ from the Israeli ones with
regard to the Palestinian police and security force, the mandate of the
international I multinational presence I force and the monitoring of the
non-militarization of Palestine, the aerial arrangements, the suggested
timeline and related conditions, and arrangements in other areas of security
and military significance.
• On the
issue of refugees, the formulas concerning the Right of Return of the refugees
embody certain ambiguity, which Israel wishes to avoid.
Some of the ideas mentioned by the President require further
clarification in the course of future negotiations (see attached annex).
Addressing these points, and others, should not call into question the internal
logic of the President's ideas.
In addition, other topics of great significance for the
Permanent relations between the Parties have thus far not been addressed. These
topics should be discussed in the course of future negotiations, as well.
The President's ideas are a courageous attempt to offer the
parties principles and guidelines for a Framework Agreement on Permanent
Status. Conclusion of an agreement on this basis would entail historic
concessions by Israel, as well as by the Palestinians. Under any such
agreement, Israel would be forced to confront a tremendously difficult rupture,
or ruptures, among its citizens, with the hope to genuinely having ended the
conflict with the Palestinian people.
Further to the recent discussions in Washington, a
substantial reduction in violence and terror could allow the resumption of the
dialogue on the framework of the permanent relations between Israel and the
Palestinians.
On behalf of the Prime Minister and myself, I wish you a
happy, and peaceful, New Year.
Sincerely yours,
Gilead Sher
Chief of Bureau of the
Prime Minister
Annex
Points of
Clarification
1. General
Issues
- Israel understands that the Finality of Claims
would be established upon agreement on the terms of the FAPS.
Israel
understands Finality of Claims to mean the following:
(a) The FAPS identifies all the claims of the Parties emanating
from the conflict and arising from events occurring prior to its signature.
(b) No further such claims may be raised by either Party in the
future. Any claims arising from the past relations between the Palestinian
People and Israel will be raised only in as much as they are recognized within
the FAPS.
(c) Save as agreed, the settlement of these claims will be
achieved through the implementation of the FAPS.
- Israel understands that the FAPS shall serve
as the only agreed basis for the implementation of UNSCRs 242 and 338, as well
as for the resolution of all other outstanding issues emanating from the
conflict.
- Israel understands that the right of the
Palestinian people to self-determination will have been exercised upon the
establishment of a Palestinian State within its agreed international borders.
- Israel
understands that issues that were agreed upon in the course of the negotiations
remain on the table, even if they were not mentioned in the President's ideas.
- Israel
understands that there will be Palestinians within the Settlement Blocks that
will be annexed to Israel. These Palestinians shall not be subject to special
regimes.
- It is our
understanding that the Safe Passage would be under Israeli sovereignty.
- Israel
understands that special arrangements for the benefit of Palestine within,
through or over Israeli sovereign territory would be taken into account in the
context of the concept of territorial "compensation".
- Israel
takes it as a starting point that the core logic underlying the President's
ideas consists of respect for the beliefs of members of all faiths and
establishment of effective arrangements which guarantee freedom of access and
worship. This core logic will apply to the Tomb of the Patriarchs, Rachel's
Tomb, Joseph's Tomb and other agreed holy sites.
[There is no #2 in the document]
3. Jerusalem
- Israel understands that, in
maintaining contiguity, the principle of "Arab to Palestine and Jewish to
Israel" shall be applied to neighborhoods.
- Israel understands that the
fundamental principle underlying the President's ideas concerning the compound
of Temple Mount is that what is holy to Islam shall be under Palestinian
sovereignty and what is holy to Judaism shall be under Israeli sovereignty.
Accordingly, the " ...
Western Wall and the (a) space sacred to Jews, of which it is a part; or (b)
holiest of holy of which it is a part should be understood to incorporate the
Kotel Tunnel, the Mahkam if building, the Kotel itself and the remaining part of
the Wall towards the South Wall, as well as the Ofel Garden, the City of David,
Mt of Olives, and the Tombs of the Kings and Prophets.
4. Security
- Israel understands that unless
explicitly otherwise expressed by the President, the Camp David Summit understandings
as summarized by the President in Camp David remain a valid basis for the
permanent agreement.
- Israel
understands that the powers and functions of the Palestinian police / security
force shall remain solely as was agreed in the past: maintaining law and order,
fighting against terrorism, and preserving internal security.
- Israel
assumes that the concept of a "non-militarized state" mandates, inter
alia, that
(a) Palestine would not be allowed to maintain any other armed
force except its official security force;
(b) no other armed forces, with the exception of the agreed
upon Israeli and multinational force, could be stationed or deployed in, or
pass through or over Palestinian territories.
- Israel
understands that the Israeli forces in the specified military locations shall
be under exclusive Israeli jurisdiction and shall not be under the command of
the multinational force.
- Israel
understands that the multinational (international) presence / force will be
US-led. Israel further understands that the role of the multinational
(international) force (the force) in monitoring and verifying the
implementation of the agreement shall focus on:
(a) Guaranteeing the non-militarization of Palestine through
deployment along its aerial, land, and maritime perimeter including at all
entry points;
(b) Securing the designated locations for emergency deployment
of Israeli forces.
- Israel understands that the
arrangements providing for its operational needs in the Palestinian airspace
shall be based on Israeli control thereof Israel further understands that
similar arrangements shall apply to the electromagnetic spectrum of Palestine.
5. Refugees
- Israel understands that any
entry of refugees to Israel shall be a matter of sole sovereign Israeli discretion
on the basis of Israeli considerations such as humanitarian needs.
- Israel
assumes that the issue of Jewish refugees would also be addressed.
- Israel
understands that the President's ideas imply the acceptance of the concept of a
Lump-Sum Agreement with an agreed finite Israeli contribution thereto.
SOURCE: Courtesy of Gilead Sher.
