An agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)

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Country/entity: Palestine
Region: Middle East and North Africa
Agreement name: An agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)
Date: 12 Oct 2017
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: Leader of Fatah delegation, Azzam al-Ahmad;
Hamas deputy politburo chief, Salah al-Arouri;
Third parties: Government of Egypt (President Abd al-Fatah al-Sisi)
Description: Short two-page agreement building on the May 4, 2011, Palestinian National Accord, that includes 6 points. (1) to consolidate the National Reconciliation Government; (2) to come to a solution on the status and salaries of Gazan state employees; (3) for the NRG to take over the border crossings into Gaza; (4) for leaders of PA security services to negotiate the construction of a joint-security service; (5) for another meeting to be held in December 2017, and for a meeting to be held in November 2017 with the explicit agenda to discuss reconciliation procedures.

Agreement document: PS_171012_Hamas-Fatah Agreement_E.pdf (opens in new tab) | Download PDF
Agreement document (original language): PS_171012_Hamas-Fatah Agreement_AR.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 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
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)→New political institutions (indefinite)
Page 1, (1) Completing procedures to enable the National Reconciliation Government (the Palestinian Authority) to fully exercise its functions and carry out its responsibilities in Gaza as it does in the West Bank by December 1, 2017.
Elections: No specific mention.
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 1, ... (2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip. While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Other
Page 1, ... (3) Completing the process of allowing the National Consensus Government to take over all crossings of the Gaza Strip, including enabling Palestinian Authority staff to manage these crossings in full by January 11, 2018.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
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: Page 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
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 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Other
Page 1, ... (2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip. While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.
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: No specific mention.
Ceasefire: No specific mention.
Police: Page 1, ... (4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: Page 1, ... (4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.
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, (6) A meeting will be held on November 14, 2017, for all Palestinian factions that signed the agreement on “Palestinian National Accord” on May 4, 2011, to discuss all the reconciliation items mentioned in the agreement.

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: Dov Lieber, 'Translation of leaked Hamas-Fatah agreement', Times of Israel, 15 October 2017, https://www.timesofisrael.com/translation-of-leaked-hamas-fatah-agreement/

Hamas-Fatah Agreement

12 October 2017

In the name of God the Merciful,

An agreement by the Fatah and Hamas movements to end Palestinian division:

Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.

Fatah and Hamas held a series of meetings on October 10-11, 2017, under Egyptian auspices in Cairo, to discuss the issues of national reconciliation.

The two movements agreed on the following:

(1) Completing procedures to enable the National Reconciliation Government (the Palestinian Authority) to fully exercise its functions and carry out its responsibilities in Gaza as it does in the West Bank by December 1, 2017.

(2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip.

While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.

(3) Completing the process of allowing the National Consensus Government to take over all crossings of the Gaza Strip, including enabling Palestinian Authority staff to manage these crossings in full by January 11, 2018.

(4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.

(5) A meeting will be held in Cairo during the first week of December 2017 to assess what progress has been achieved regarding the agreed upon issues.

(6) A meeting will be held on November 14, 2017, for all Palestinian factions that signed the agreement on “Palestinian National Accord” on May 4, 2011, to discuss all the reconciliation items mentioned in the agreement.

Signed by:

Leader of Fatah delegation, Azzam al-Ahmad

Hamas deputy politburo chief, Salah al-Arouri