The Gaza Agreement (The Sha'ti Agreement)

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Country/entity: Palestine
Region: Middle East and North Africa
Agreement name: The Gaza Agreement (The Sha'ti Agreement)
Date: 23 Apr 2014
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: Palestinian Liberation Organization Delegation:
Azzam al-Ahmad [Signature]
Bassam al-Salahi [Signature]
Mustafa al-Barghouti [Signature]
Munieb al-Masri [Signature]
Jamil Shehada [Signature]
Nizar Aoudallah [Signature]

Hamas Movement Delegation:
Ismail Haniyeh [Signature]
Mousa Abu Marzouk [Signature]
Imad al-Almy [Signature]
Mahmoud al-Zahar [Signature]
Khalil al-Hayya [Signature]
Third parties: Egyptian Government
Description: A short agreement reaffirming implementation procedures laid out in the Cairo and Doha agreements.

Agreement document: PS_140400_Sha'ti Agreement (Gaza Agreement) (English).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: Groups→Religious groups→Rhetorical
Page 1, Untitled Preamble,
At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
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: Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, untitled preamble, At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip]; and at a time when our people’s suffering continues, whether in the homeland or diaspora; national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

Page 1, untitled preamble, After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 1, untitled preamble, After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.
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, Fourth: The [Palestinian] Liberation Organization: It was agreed that the Palestinian Liberation Organization Activation and Development Committee will meet, to exercise its functions stipulated in the agreements, within five weeks as of this date, and it was confirmed that its meetings will continue periodically thereafter.

Page 2, Sixth: Freedoms Committee: An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.

Page 2, Seventh: The Legislative Council: An emphasis on the application of what has been agreed upon, to activate the Palestinian Legislative Council and for it to carry out its duties.
Elections: Page 1-2, Third: Elections: To emphasize that legislative, presidential and National Council elections will be held simultaneously, and the president is authorized to set a date for elections, in consultation with the national forces and actors, and the elections shall be held at least six months after the formation of the government.

This shall be discussed in the [Palestinian] Liberation Organization Activation Committee, during its next meeting, and the requirements for holding the said elections shall be completed.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
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→General
State level
Page 1, Second:The government: President Mahmoud Abbas will begin consultations to form a government of national consensus, in line with his history, and it shall be declared within the legally specified period of five weeks, based on the Cairo Agreement and the Doha Declaration, and it will carry out all of its obligations.
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: Page 2, Sixth: Freedoms Committee: An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.
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: No specific mention.
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: Land, property and environment→Land reform/rights→Other land rights
Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
Land, property and environment→Cultural heritage→Intangible
Page 1, untitled preamble, [Summary] mentions the issue of "Judaizing Jerusalem".
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
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 1, untitled preamble, At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip]; and at a time when our people’s suffering continues, whether in the homeland or diaspora; national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

Page 1, untitled preamble, Based on these exalted nationalist and religious premises, the Palestinian Liberation Organization’s delegation and Hamas met on the steadfast land of Gaza, to agree on timetables for ending the division and applying a national reconciliation agreement.

Page 2, Fifth: The Social Reconciliation Committee: the immediate resumption of work on social reconciliation, including [the work of] subcommittees, based on what was agreed upon in Cairo.

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: Gaza Today
https://todayingaza.wordpress.com/2014/05/01/text-of-the-palestinian-reconciliation-agreement/

The Sha’ti Agreement (The Gaza Agreement) April 2014

In the name of God the Merciful

“Hold on to God and be not divided among yourselves” (Qu’ranic quote)

At a time when the attack on the Palestinian cause is growing, at all levels;

and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him;

and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify;

and as our Islamic and Christian holy sites are desecrated;

and as settlements penetrate the steadfast territory of the West Bank;

and as the occupation neglects all international agreements, treaties, pacts and norms;

as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division;

and as [the occupation’s] settlers run wild over people, trees and stones;

and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.

At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip];

and at a time when our people’s suffering continues, whether in the homeland or diaspora;

national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.

Based on these exalted nationalist and religious premises, the Palestinian Liberation Organization’s delegation and Hamas met on the steadfast land of Gaza, to agree on timetables for ending the division and applying a national reconciliation agreement.

Two meetings were held over a period of two days, between the two delegations, and the meetings were characterized by a spirit of understanding, diligence, agreement, and giving priority to the interests of the homeland;

whereby the following was agreed upon:

First:

To emphasize a commitment to all that was agreed upon in the Cairo Agreement — including the understandings thereto — and the Doha Declaration, and [these agreements] shall be considered a reference for implementation [of reconciliation].

Second:

The government:

President Mahmoud Abbas will begin consultations to form a government of national consensus, in line with his history, and it shall be declared within the legally specified period of five weeks, based on the Cairo Agreement and the Doha Declaration, and it will carry out all of its obligations.

Third:

Elections:

To emphasize that legislative, presidential and National Council elections will be held

simultaneously, and the president is authorized to set a date for elections, in consultation with the national forces and actors, and the elections shall be held at least six months after the formation of the government.

This shall be discussed in the [Palestinian] Liberation Organization Activation Committee, during its next meeting, and the requirements for holding the said elections shall be completed.

Fourth:

The [Palestinian] Liberation Organization:

It was agreed that the Palestinian Liberation Organization Activation and Development Committee will meet, to exercise its functions stipulated in the agreements, within five weeks as of this date, and it was confirmed that its meetings will continue periodically thereafter.

Fifth:

The Social Reconciliation Committee:

the immediate resumption of work on social reconciliation, including [the work of] subcommittees, based on what was agreed upon in Cairo.

Sixth:

Freedoms Committee:

An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.

Seventh:

The Legislative Council:

An emphasis on the application of what has been agreed upon, to activate the Palestinian Legislative Council and for it to carry out its duties.

In conclusion, the two delegations affirm the value of and their appreciation for the Egyptian role in overseeing the reconciliation agreement, and they confirm that this role will continue, and note the value of comprehensive Arab support for the application of the reconciliation agreement.

Palestinian Liberation Organization Delegation/Hamas Movement Delegation Azzam al-Ahmad [Signature] /Ismail Haniyeh [Signature]

Bassam al-Salahi [Signature] /Mousa Abu Marzouk [Signature]

Mustafa al-Barghouti [Signature] /Imad al-Almy [Signature]

Munieb al-Masri [Signature] /Mahmoud al-Zahar [Signature] Jamil Shehada [Signature] /Khalil al-Hayya [Signature]

Nizar Aoudallah [Signature]