The Fatah-Hamas Unity Agreement, Cairo

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Country/entity: Palestine
Region: Middle East and North Africa
Agreement name: The Fatah-Hamas Unity Agreement, Cairo
Date: 3 May 2011
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Hamas-Fatah Conflict (2006 - )
In 2006, Palestine held its first round of local legislative elections wherein the long-standing incumbent, Fatah, was defeated by the Muslim Brotherhood affiliated Hamas. As the largest faction of the Palestinian Liberation Organisation (PLO), Fatah’s leadership was put under pressure by the international community, who perceived Hamas as a possible threat to the Arab-Israeli peace process. As such, Fatah refused to join in the grand coalition with Hamas, and President Mahmoud Abbas began to increase his power through presidential decrees. Inside the Hamas strong-hold of Gaza, politicians on both sides were assassinated and within both Gaza and the West Bank, both sides were increasing the size and capabilities of their respective armed wings. The Presidential Guard of Mahmoud Abbas received funding, arms and training from the U.S and Israel during this time. Tensions rose further, as President Abbas called for new elections to be held in late-2006. These did not occur, and the date was shifted to mid-2007. Skirmishes broke out occasionally. On July 10, 2007, sustained clashes continued and escalated and by the end of July 15, Hamas had consolidated its military control over the Gaza Strip.

Since then several agreements have been signed between the two sides pledging two form a unity government including the 2007 Mecca Agreements; 2008 Yemeni Initiative; 2010 Cairo Agreement; April 2011 Cairo Agreement; 2012 Doha Agreement; May 2012 Cairo Accord and the 2014 Gaza Agreement.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Palestine, Intra-Palestian agreements
Parties: Hamas and Fatah
Third parties: Egypt
Description: "Under the auspices of Egypt, delegations from the Fatah and Hamas movements met in Cairo on April 27, 2011 to discuss the issues concerning ending the political division and the achievement of national unity. On top of the issues were some reservations related to the Palestinian National Unity Accord made in 2009."

Agreement document: PS_110427_Cairo Accords.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 2, B. Functions of the Government
... 6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 2, 3. Security
It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.

Page 2, 4.Government
A. Formation of the Government:
Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.
B. Functions of the Government:
1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.
2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.
3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.
4. Continuation of the implementation of the provisions of the Palestinian National Accord.
5. To resolve the civil and administrative problems that resulted from the division.
6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.
7. To fix the status of the associations, Non-Governmental Organizations and charities.
Elections: Page 1, 1. Elections
A. Election Committee:
Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions. This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.
B. Electoral Court:
Both Fatah and Hamas agree on the nomination of no more than twelve judges to be members of the Electoral Court. This list will then be submitted to the Palestinian President in order to take the necessary legal actions to form the Electoral Court in agreement with the Palestinian factions.
C. Timing of Elections:
The Legislative, Presidential, and the Palestinian National Council elections will be conducted at the same time exactly one year after the signing of the Palestinian National Reconciliation Agreement.

Page 2, B. Functions of the Government:
1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.
Electoral commission: Page 1, 1. Elections
A. Election Committee:
Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions. This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.
Political parties reform: No specific mention.
Civil society: Page 2, B. Functions of the Government
... 7. To fix the status of the associations, Non-Governmental Organizations and charities.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 2, 4.Government
A. Formation of the Government:
Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 3, 5. Legislative Council:
Both Fatah and Hamas agree to reactivate the Palestinian Legislative Council in accordance to the Basic Law.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, B. Functions of the Government
... 3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, 3. Security
It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, B. Functions of the Government:
... 2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.
... 5. To resolve the civil and administrative problems that resulted from the division.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Al Akhbar English Archive
http://english.al-akhbar.com/sites/default/files/Cairo%20Accords%20%28May%202011%29.pdf

Cairo Accords (May 2011)

Under the auspices of Egypt, delegations from the Fatah and Hamas movements met in Cairo on April 27, 2011 to discuss the issues concerning ending the political division and the achievement of national unity.

On top of the issues were some reservations related to the Palestinian National Unity Accord made in 2009.

Both political parties mutually agreed that the basis of understanding made during the

meeting are committing to both parties in the implementation of the Palestinian National Reconciliation Agreement.

The basis of understanding agreed upon by Fatah and Hamas are as follows:

1. Elections

A. Election Committee:

Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions.

This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.

B. Electoral Court:

Both Fatah and Hamas agree on the nomination of no more than twelve judges to be members of the Electoral Court.

This list will then be submitted to the Palestinian President in order to take the necessary legal actions to form the Electoral Court in agreement with the Palestinian factions.

C. Timing of Elections:

The Legislative, Presidential, and the Palestinian National Council elections will be conducted at the same time exactly one year after the signing of the Palestinian National Reconciliation Agreement.

2. Palestine Liberation Organization

The political parties of both Fatah and Hamas agree that the tasks and decisions of the provisional interim leadership cannot be hindered or obstructed, but in a manner that is not conflicting with the authorities of the Executive Committee of the Palestine Liberation Organization.

3. Security

It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.

4.Government

A. Formation of the Government:

Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.

B. Functions of the Government:

1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.

2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.

3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.

4. Continuation of the implementation of the provisions of the Palestinian National Accord.

5. To resolve the civil and administrative problems that resulted from the division.

6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.

7. To fix the status of the associations, Non-Governmental Organizations and charities.

5. Legislative Council:

Both Fatah and Hamas agree to reactivate the Palestinian Legislative Council in accordance to the Basic Law.