Fatah-Hamas Agreement

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Country/entity: Palestine
Region: Middle East and North Africa
Agreement name: Fatah-Hamas Agreement
Date: 25 Sep 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: Implementation/renegotiation
Conflict nature: Inter-group
Peace process: Palestine, Intra-Palestian agreements
Parties: Hamas; Fatah
Third parties: -
Description: Agreement covering several issues and their means of implementation, including and end to the blockade, re-starting the Palestinian Legislative Council, treating civil servants whether employed before or after June 6, 2007 [Gaza elections] fairly, re-affirming common political goals, and resuming the work of the Public Freedoms Committee and the Community Reconciliation Committee, as well as holding new elections.

Agreement document: PS_140925_Fatah-Hamas_Cairo.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: Groups→Racial/ethnic/national group→Rhetorical
Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, 2. Ending the Blockade and Reconstruction:
We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.

Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
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 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
State configuration: No specific mention.
Self determination: Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
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 1, Committing to overcoming the obstacles facing its work, as well as the integration of all ministry workers, and enabling all institutions, bodies and provinces to carry out their duties as stipulated in the Basic Law.

Page 1, Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.

Page 2, 3. Palestinian Legislative Council:
The two sides call on the parties to implement what was stated in the National Accord Document concerning the Palestinian Legislative Council in accordance with the agreements that formed the basis on which the National Consensus Government was formed. In this context, we call on the parliamentary blocs to hold the necessary consultations, which pave the way for a meeting of the Palestinian Legislative Council. In light of the results of the consultations, we call on the President of the Palestinian National Authority to issue a special decree inviting the council to convene and begin practicing its duties in accordance with the Basic Law.

Page 3, 5. Political Moves:
The two sides stress that these efforts and political moves will be followed up by the PLO and its institutions, particularly the committee for activating and developing the PLO (provisional leadership framework).
Elections: Page 3-4, 8. Elections:
The two sides stress the need to quickly provide conditions for holding elections in accordance with what is stated in the agreements and understandings, the most recent being the Shati Agreement of April 23, 2014.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, 4. Employees:
Enabling the Legal and Administrative Commission that was formed by the National Consensus Government to accomplish the task assigned to it, in accordance to what was stated in the National Accord in 2011, so that it would be able to overcome all obstacles facing its work, with an emphasis on displaying fairness towards all employees recruited before and after June 6, 2007 - in accordance with the laws and regulations that govern their work and in accordance with the recommendations of the committee.

Page 2-3, 4. Employees:
The two sides also call on the government to secure all the financial needs required to solve the problem of employees' salaries according to the recommendations of the committee. Also, the two sides call on the government to guarantee financial awards to employees in the Gaza Strip until the committee ends its work.

Page 3, 6. Committee of Public Freedoms [Joint Committee]:
The Public Freedoms Committee will be called to resume its work in the West Bank and Gaza. The Government will be asked to facilitate the work of the committee so that it would be able to carry out its duties as soon as possible.

Page 3, 7. Committee of Community Reconciliation:
The Committee for Community Reconciliation will be called to resume its work. The Government will be asked to support the work of the committee and provide it with all that is needed to make it successful.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
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: Human rights and equality→Civil and political rights→Other
Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
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: Page 1, The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.

Page 2, 2. Ending the Blockade and Reconstruction:
... We stress that the reconstruction also requires the opening of all border crossings with the Gaza Strip and facilitating the entry of construction materials.
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 1, The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.

Page 1-2, 2. Ending the Blockade and Reconstruction:
We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12.

Page 2, 2. Ending the Blockade and Reconstruction:
We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.

Page 2, 2. Ending the Blockade and Reconstruction:
We affirm our full readiness to cooperate with the UN and its institutions while emphasizing the role of the Palestinian Government as the party responsible for the supervision and follow-up on reconstruction.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1-2, 2. Ending the Blockade and Reconstruction:
We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12.
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 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.

The two sides stress the need for the Government to accelerate the exercising of its security duties, in accordance with the laws and regulations mentioned in the National Accord of 2011.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 2. Ending the Blockade and Reconstruction:
The lifting of the siege and the reconstruction of the Gaza Strip is a top priority for our people and political forces. To this end, we reaffirm our commitment to consolidate the cease-fire in accordance with what was agreed upon in the indirect negotiations between the two sides under the auspices of the Egyptians.
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: Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.

... Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.

Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.

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: Page 4, 9. The Follow-Up Committee:
The two parties agreed to form a joint committee to follow up on the implementation of these understandings and previous agreements and work together to overcome the obstacles faced by the Government in its work.
Related cases: No specific mention.
Source: Abu Toameh, Khaled. ‘Text of Fatah-Hamas Agreement’, Jerusalem Post, 25 September 2014, http://www.jpost.com/Arab-Israeli-Conflict/Text-of-Fatah-Hamas-agreement-376350

Fatah-Hamas Agreement

(Cairo, 25 September 2014)

1. Government:

Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.

Committing to overcoming the obstacles facing its work, as well as the integration of all ministry workers, and enabling all institutions, bodies and provinces to carry out their duties as stipulated in the Basic Law.

Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.

The two sides stress the need for the Government to accelerate the exercising of its security duties, in accordance with the laws and regulations mentioned in the National Accord of 2011.

The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.

2. Ending The Blockade and Reconstruction:

The lifting of the siege and the reconstruction of the Gaza Strip is a top priority for our people and political forces.

To this end, we reaffirm our commitment to consolidate the cease-fire in accordance with what was agreed upon in the indirect negotiations between the two sides under the auspices of the Egyptians.

We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12.

We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.

We affirm our full readiness to cooperate with the UN and its institutions while emphasizing the role of the Palestinian Government as the party responsible for the supervision and follow-up on reconstruction.

We stress that the reconstruction also requires the opening of all border crossings with the Gaza Strip and facilitating the entry of construction materials.

3. Palestinian Legislative Council:

The two sides call on the parties to implement what was stated in the National Accord Document concerning the Palestinian Legislative Council in accordance with the agreements that formed the basis on which the National Consensus Government was formed.

In this context, we call on the parliamentary blocs to hold the necessary consultations, which pave the way for a meeting of the Palestinian Legislative Council.

In light of the results of the consultations, we call on the President of the Palestinian National Authority to issue a special decree inviting the council to convene and begin practicing its duties in accordance with the Basic Law.

4. Employees:

Enabling the Legal and Administrative Commission that was formed by the National Consensus Government to accomplish the task assigned to it, in accordance to what was stated in the National Accord in 2011, so that it would be able to overcome all obstacles facing its work, with an emphasis on displaying fairness towards all employees recruited before and after June 6, 2007 - in accordance with the laws and regulations that govern their work and in accordance with the recommendations of the committee.

The two sides also call on the government to secure all the financial needs required to solve the problem of employees' salaries according to the recommendations of the committee.

Also, the two sides call on the government to guarantee financial awards to employees in the Gaza Strip until the committee ends its work.

5. Political Moves:

While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.

The two sides stress that these efforts and political moves will be followed up by the PLO and its institutions, particularly the committee for activating and developing the PLO (provisional leadership framework).

6. Committee of Public Freedoms:

The Public Freedoms Committee will be called to resume its work in the West Bank and Gaza.

The Government will be asked to facilitate the work of the committee so that it would be able to carry out its duties as soon as possible.

7. Committee of Community Reconciliation:

The Committee for Community Reconciliation will be called to resume its work.

The Government will be asked to support the work of the committee and provide it with all that is needed to make it successful.

8. Elections:

The two sides stress the need to quickly provide conditions for holding elections in accordance with what is stated in the agreements and understandings, the most recent being the Shati Agreement of April 23, 2014.

9. The Follow-Up Committee:

The two parties agreed to form a joint committee to follow up on the implementation of these understandings and previous agreements and work together to overcome the obstacles faced by the Government in its work.

Finally, the two sides express their gratitude and appreciation to Egypt for hosting these meetings in Cairo.

This confirms Egypt's keenness to support the Palestinian cause, strengthen Palestinian national unity and follow up on reconciliation efforts in all aspects, and secure political and financial backing, as well as moral support required for this purpose, in accordance with the resolutions of the Arab League.