The National Conciliation Document of the Prisoners (The Prisoner's Document) (1st Version)

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Country/entity: Palestine
Region: Middle East and North Africa
Agreement name: The National Conciliation Document of the Prisoners (The Prisoner's Document) (1st Version)
Date: 11 May 2006
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: Fatah – PLC member Marwan Barghouthi, Fatah Secretary.
Hamas – Sheikh Abdul Khaleq al-Natsheh – Higher Leading Commission
Islamic Jihad Movement – Sheikh Bassam al-Sa'di
Popular Front for the Liberation of Palestine [PFLP] – Abdul Rahim Mallouh – member of PLO Executive Committee and Deputy General Secretary of the PFLP
Democratic Front for the Liberation of Palestine [DFLP] – Mustafa Badarneh
Third parties: -
Description: The prisoners document was written 6 weeks into the rule of the first Hamas-led government in the Palestinian Authority. Tensions between Fatah and Hamas were strong at the time. In 18 points, the document calls for the unification of Palestinian factions and a revival of the PLO as the representative organisation of Palestine. It also calls for the retraction of Israeli forces back to the boundaries of 1967, the right of return, and the release of prisoners; calls for reform of the PLO and the election of a Palestinian National Council by 2006, among other key points. President Mahmoud Abbas called for holding a referendum on the document as a foundation for final status negotiations with Israel. In responds Hamas and Islamic Jihad withdrew their support and the document was renegotiated to produce a second version. Despite renegotiating the document, Islamic Jihad remained skeptical on entering negotiations with Israel.

Agreement document: PS_060511_The Prisoner's Document (National Conciliation Document) I.pdf (opens in new tab) | Download PDF

Main category: Page 4, 11- to cling to the democratic trend and to hold regular general free and honest and democratic elections according to the law for the president and the PLC and the local and municipal councils and to respect the principle of peaceful and smooth transfer of authority and to promise to protect the Palestinian democratic experience and respect the democratic choice and its results and respect the rule of the law and the public and basic freedoms and freedom of the press and equality among the citizens in rights and duties without any discrimination and to protect the achievements of women and develop and reinforce them.

Women, girls and gender

Participation: Participation→Other
Page 4, 11- ... and equality among the citizens in rights and duties without any discrimination and to protect the achievements of women and develop and reinforce them.
Equality: Equality→Equality (general)
Page 4, 11- ... and equality among the citizens in rights and duties without any discrimination and to protect the achievements of women and develop and reinforce them.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: New institutions→Other
Page 4, 11- ... and equality among the citizens in rights and duties without any discrimination and to protect the achievements of women and develop and reinforce them.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

The National Conciliation Document of the Prisoners May 11, 2006

In the name of God, the Compassionate and the Merciful, "Abide by the decree of God and never disperse"

(a verse from the Holy Quran)

Based on the high sense of national and historical responsibility and due to the dangers facing our people and for the sake of reinforcing and consolidating the Palestinian internal front and protection of national unity and the unity of our people in the homeland and in the Diaspora, and in order to confront the Israeli scheme that aims to impose the Israeli

solution which blows up the dream of our people and the right of our people in establishing their independent Palestinian state with full sovereignty;

this scheme that the Israeli government intends to impalement in the next phase as establishment of the erection and completion of the apartheid wall and the Judaization of the Jerusalem and the expansion of the Israeli settlements and the seizure of the Jordan Valley and the annexation of vast areas of the West Bank and blocking the path in front of our people to exercise their right in return.

In order to maintain the accomplishments of our people achieved in long struggle path and in loyalty to the martyrs of our great people and the pains of their prisoners and the agony of their injured, and based on the fact that we are still passing through a liberation phase with nationalism and democracy as the basic features, and this imposes a political struggle strategy that meets with these features and in order to make the Palestinian comprehensive national dialogue succeed, and based on the Cairo Declaration and the urgent need for unity and solidarity, we present this document (the national conciliation document) to our great steadfast people and to President Mahmoud Abbas Abu Mazen and to the PLO Leadership and to the PM Ismail Hanieh and to the Council of Ministers and to the Speaker of the PNC and to the members of the PNC and to the Speaker and members of the PLC and to all Palestinian forces and factions and to all nongovernmental and popular organizations and institutions and to leadership of Palestinian public opinion in the homeland and in the Diaspora.

Hoping to consider this document as one whole package and with the hope to see this

document get the support and approval of everybody and that it can contribute to reach a Palestinian national conciliation document.

1- the Palestinian people in the homeland and in the Diaspora seek to liberate their land and to achieve their right in freedom, return and independence and to exercise their right in self determination, including the right to establish their independent state with al-Quds al- Shareef as its capital on all territories occupied in 1967 and to secure the right of return for

the refugees and to liberate all prisoners and detainees based on the historical right of our people on the land of the fathers and grandfathers and based on the UN Charter and the international law and international legitimacy.

2- to work quickly on achieving what has been agreed upon in Cairo in March 2005 pertaining to the development and activation of the PLO and the joining of Hamas and Islamic Jihad Movements to the PLO which is the legitimate and sole representative of the Palestinian people wherever they are located and in a manner that meets with changes on the Palestinian arena according to democratic principles and to consolidate the fact that the PLO is the legitimate and sole representative of the Palestinian people in a manner that reinforces the capacity of the PLO to assume its responsibilities in leading our people in the homeland and in the Diaspora and in mobilizing the people and in defending their national,

political and humanitarian rights in the various fora and circles and in the international and regional arenas and based on the fact that the national interest stipulates the formation of a new Palestinian National Council before the end of 2006 in a manner that secures the representation of all Palestinian national and Islamic forces, factions and parties and all concentrations of our people everywhere and the various sectors and the figures on proportional basis in representation and presence and struggle and political, social and popular effectiveness and to maintain the PLO as a broad front and framework and a comprehensive national coalition and a gathering framework for all the Palestinians in the homeland and in the Diaspora and to be the higher political reference.

3- the right of the Palestinian people in resistance and clinging to the option of resistance with the various means and focusing the resistance in the occupied territories of 1967 alongside with the political action and negotiations and diplomatic action and continuation of popular and mass resistance against the occupation in its various forms and policies and making sure there is broad participation by all sectors and masses in the popular resistance.

4- To set up a Palestinian plan towards comprehensive political action and to unify the Palestinian political rhetoric on the basis of the Palestinian national consensus program and Arab legitimacy and the international legitimacy resolutions that grant justice to the Palestinian people who are represented by the PLO and the PNA as president and government, and the national and Islamic factions and the civil society organizations and the public figures in order to mobilize Arab, Islamic and international political and financial and economic and humanitarian support and solidarity to our people and to our PNA and to

support the right of our people in self determination and freedom and return and independence and to confront the plan of Israel in imposing the Israeli solution on our people and to confront the oppressive siege on the Palestinian people.

5- To protect and reinforce the PNA since it is the nucleus of the future state;

this PNA which was established by the struggle and sacrifices, blood and pain of the Palestinian people and to stress on the fact the higher national interests stipulates respecting the

temporary constitution of the PNA and the effective laws and respecting the responsibilities and authorities of the president elected according to the will of the Palestinian people through free, honest and democratic elections and to respect the responsibilities and authorities of the government that was granted the confidence vote by the PLC.

And the importance and the need for creative cooperation between the presidency and the government and joint work and hold regular meetings between them to settle any disputes that might arise through brotherly dialogue based on the temporary constitution and for the sake of the higher interests and the need to hold a comprehensive reform in the PNA institutions, especially the judicial apparatus and the respect of the judiciary authority at all levels and to implement its decisions and to reinforce the rule of the law.

6- to form a national unity government on a basis that secures the participation of all parliament blocs, especially Fatah and Hamas and the political forces that desire to participate on the basis of this document and the joint program to upgrade the Palestinian situation at the local, Arab, regional and international levels and to confront the challenges through having a strong national government that enjoys Palestinian popular and political support from all forces and to present the best possible care for the sectors that carried the burden of steadfastness and resistance and the Intifada and who were the victims of the Israeli criminal aggression, especially the families of the martyrs, prisoners and injured and the owners of the demolished homes and properties which were destroyed by the occupation, in addition to the care to the unemployed and the graduates.

7- Administration of the negotiations is the jurisdiction of the PLO and the President of the PNA on the basis of clinging to the Palestinian national goals and to achieve these goals on condition that any final agreement must be presented to the new PNC for ratification or to hold a general referendum wherever it is possible.

8- To liberate the prisoners and detainees is a sacred national duty that must be assumed by all Palestinian national and Islamic forces and factions and the PLO and the PNA as President and government and the PLC and all resistance forces.

9- The need to double efforts to support and care for the refugees and defend their rights and work on holding a popular conference representing the refugees which should come up with commissions to follow up its duties and to stress on the right of return and to cling to

this right and to call on the international community to implement Resolution 194 which stipulates the right of the refugees to return and to be compensated.

10- to work on forming a unified resistance front under the name "Palestinian resistance front" to lead and engage in resistance against the occupation and to unify and coordinate action and resistance and to form a unified political reference for the front.

11- to cling to the democratic trend and to hold regular general free and honest and democratic elections according to the law for the president and the PLC and the local and municipal councils and to respect the principle of peaceful and smooth transfer of authority and to promise to protect the Palestinian democratic experience and respect the democratic choice and its results and respect the rule of the law and the public and basic freedoms and freedom of the press and equality among the citizens in rights and duties without any discrimination and to protect the achievements of women and develop and reinforce them.

12- to reject and denounce the oppressive siege against the Palestinian people which is being led by the US and Israel and call on the Arabs at the popular and official levels to support the Palestinian people and the PLO and the PNA and to call on the Arab

governments to implement the political, financial, economic, and media decisions of the Arab summits that support the Palestinian people and their steadfastness and their national cause and to stress that the PNA is committed to the Arab consensus and to joint Arab action.

13- to call on the Palestinian people for unity and solidarity and unifying the ranks and support the PLO and the PNA as president and government and to reinforce steadfastness and resistance in face of the aggression and siege and to reject intervention in the Palestinian internal affairs.

14- to denounce all forms of split that can lead to internal conflicts and to condemn the use of weapons regardless of the reasons in settling internal disputes and to ban the use of weapons among the members of the Palestinian people and to stress on the sanctity of the Palestinian blood and to abide by dialogue as the sole means to solve disagreements and freedom of expression through all media, including the opposition to the authority and its decisions on the basis of the law and the right of peaceful protest and to organize marches and demonstrations and sit ins on condition that they be peaceful and without any arms and not to attack the properties of citizens and public property.

15- The national interest stipulates the need to look for the best means towards the continuation of participation of the Palestinian people and their political forces in Gaza Strip in their new situation in the battle for freedom, return and independence and to liberate the West Bank and Jerusalem in a manner that makes the steadfast Gaza Strip a real support

force to steadfastness and resistance of our people in the West Bank and Jerusalem as the national interest stipulates reassessing the struggle methods to seek the best methods to resist occupation.

16- the need to reform the develop the Palestinian security institution with all its branches on a modern basis and in a manner that makes them capable of assuming their tasks in defending the homeland and the citizens and in confronting the aggression and the

occupation and to maintain security and public order and implement the laws and end the state of chaos and security chaos and end the forms of public armed presence and parades and confiscation of the chaotic weapons that harm the resistance and distort its image and that threaten the unity of the Palestinian society and the need to coordinate and organize the relation with the forces of resistance and organize and protect their weapons.

17- to call on the PLC to continue to issue laws that organize the work of the security institution and apparatuses with their various branches and work on issuing a law that bans exercise of political and partisan action by the members of the security services and to abide by the elected political reference as defined by the law.

18- to work on expanding the role and presence of the international solidarity committees

and the peace loving groups that support our people in their just struggle against the occupation, settlements, the apartheid wall politically and locally and to work towards the implementation of the International Court of Justice decision at The Hague pertaining to the removal of the wall and settlements and their illegitimate presence.

Signed by:

Fatah – PLC member Marwan Barghouthi, Fatah Secretary.

Hamas – Sheikh Abdul Khaleq al-Natsheh – Higher Leading Commission

Islamic Jihad Movement – Sheikh Bassam al-Sa'di

PFLP – Abdul Rahim Mallouh – member of PLO Executive Committee and Deputy General Secretary of the PFLP

DFLP – Mustafa Badarneh

Note:

Islamic Jihad expressed reservations on the item pertaining to the negotiations