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July 27, 2000
At a news
conference on July 25, U.S. President Bill Clinton announced that after 15
days of negotiations the Camp David Summit would end without an agreement.
The Summit was convened on July 11 by the United States with the intention
of reaching an Israeli-Palestinian agreement on final status issues.
Immediately, details of the negotiations began appearing in the media,
providing insight into how the difficult issues were approached and the
proposals put on the table. While the parties agreed that without a
comprehensive agreement they would not be bound by any proposal presented
during the Summit, these positions will no doubt reappear at future
negotiations.
President Clinton acknowledged
in his press conference and in subsequent comments that while Israeli
Prime Minister Ehud Barak "showed particular courage and vision and
an understanding of the historical importance of the moment,"
Palestinian Authority (PA) Chairman Yasir Arafat failed to demonstrate a
flexibility or willingness to compromise his maximalist positions,
particularly on Jerusalem. On his return to Israel, Prime Minister Barak
declared: "Today I return from Camp David, and can look into the
millions of eyes and say with regret: We have not yet succeeded. We did
not succeed because we did not find a partner prepared to make decisions
on all issues. We did not succeed because our Palestinian neighbors have
not yet internalized the fact that in order to achieve peace, each side
has to give up some of their dreams; to give, not only to demand."
Instead of a comprehensive
agreement, the White House released a "Trilateral Statement"
outlining five principles of agreement by Prime Minister Barak, Chairman
Yasir Arafat and President Clinton, including a commitment to
"continue their efforts to conclude an agreement on all permanent
status issues as soon as possible," to "undertake to create an
environment for negotiations free from pressure, intimidation and threats
of violence," and an acknowledgment of "the importance of
avoiding unilateral actions that prejudge the outcome of negotiations and
that their differences will be resolved only by good faith
negotiations." Israeli and Palestinian negotiators are expected to
meet again in the coming days to continue talks and U.S. peace process
envoy Dennis Ross is planning to visit the region in the next month to
assess the status of the negotiations.
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The Push
for a Final Status Agreement:
As set out in the first Israeli-Palestinian agreement, the Declaration of
Principles (DOP) of September 1993, the so-called Oslo peace process
negotiations would be conducted in two phases. The first phase was to be a
"transitional" or "interim" period during which time
Israel would incrementally withdraw from Palestinian centers in the West
Bank and Gaza Strip in return for Palestinian guarantees, particularly on
preventing terrorist activity, the size of its police forces, and other
security issues. The second phase, would be the conclusion of a
"final status" or "permanent status" agreement, which
would be a comprehensive peace agreement resolving all outstanding issues
between the parties.
The logic behind the two-phased
process was that Israel and the Palestinians would first agree on the
relatively "easy" issues – such as redeployment from the Gaza
Strip and Palestinian population centers in the West Bank – and save the
"difficult" issues – such as Jerusalem, refugees, final
borders – for last. The hope was that after building confidence and
cooperation through the interim period, Israel and the Palestinians would
be better able to tackle the most complex and divisive issues in the
conflict.
Seven years into the interim
period, a series of interim agreements have been concluded and implemented
by the two sides. Israel has undertaken a series of redeployments from the
West Bank and Gaza Strip. To date, 99% of the Gaza Strip and 39.7% of the
West Bank are under the control of the Palestinian Authority. 99% of the
Palestinian population resides under the jurisdiction of the Palestinian
Authority. Throughout the interim period there has been much criticism
that while Israel has undertaken territorial sacrifices for peace, the
Palestinians have not fully complied with their signed commitments in the
interim agreements, particularly those in the realm of security and
anti-Israel propaganda.
With the interim period now
drawing to a close, Israel and the Palestinian Authority have both
repeatedly declared that achieving a comprehensive final status agreement
is a priority. The target date for such an agreement has been set for
September 13, 2000, the 7th anniversary of the signing of the
DOP. Chairman Arafat has threatened to unilaterally declare a Palestinian
state whether or not a final status agreement is reached at that time.
Although many Israeli, Palestinian and U.S. officials believed that
political and social conditions were favorable for successful final status
negotiations at this time, other factors made the timing of the Summit
questionable. In the weeks leading up to the Summit, Chairman Arafat
repeatedly stated that he saw Camp David as only the first in a series of
summits to determine final status issues. Prime Minister Barak left Israel
for the U.S. suffering from an extremely weak minority coalition
government and a constant threat of non-confidence motions in the Knesset.
President Clinton, nearing the end of his presidency, suffers from time
pressures. Past the November elections, any further progress will have to
await a new foreign policy team in a new Administration, thus slowing down
the process for many months
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The Issues Discussed: Since
the end of the Summit, negotiators on all sides have been briefing
reporters on the discussions, the sources of agreement and disagreement.
Though none of these reports can be considered definitive or official,
they provide interesting insight into the nitty-gritty of the
negotiations.
Jerusalem:
Jerusalem is the most politically complex, religiously sensitive and
emotionally loaded issue of the final status negotiations – and
apparently was the issue which caused the breakdown of talks.
For the State of Israel,
Jerusalem is its eternal and undivided capital and Israeli governments –
Labor and Likud – have always declared that it will remain the undivided
capital under Israeli sovereignty. Israeli leaders have suggested that
there might be "creative" ways to maintain Israeli sovereignty
while providing for Palestinian control over neighborhoods outside
municipal Jerusalem and possible greater municipal autonomy for Arab
residents of the city. The Israeli position on Jerusalem is based on
Jewish religious, historical and political claims to the holy city. Since
King David established the city as the capital of the Jewish state circa
1000 BCE, it has served as the symbol and most profound expression of the
Jewish people’s identity as a nation. With the brief exception of the
Crusader period, no other people or state has made Jerusalem its capital.
Since King David’s time, Jews have maintained a continuous presence in
Jerusalem, except for a few periods when they were forcibly barred from
living in the city by foreign rulers. Jews have constituted a majority of
the city’s inhabitants for the past 150 years, and today, Jews represent
72% of the city’s population. Pointing to violations against Jewish and
Christian religious sites when the eastern part of the city was under
Jordanian rule from 1948-1967, Israel claims that only the continued unity
of the city under its sovereignty will guarantee freedom of religion in
the holy city. The long-time Israeli position on Jerusalem is that the
city will remain the undivided capital under Israeli sovereignty.
For the Palestinians,
Jerusalem, or al-Quds, will be the capital of a Palestinian state,
basing their claim on religion, history and their demographic presence in
the city. The Palestinian leadership has repeatedly declared that it will
only accept full sovereignty over the eastern part of Jerusalem, including
the Old City. Palestinians point to their long-time presence in the city
and their large population – constituting 30% of the city’s
population. Religiously, Palestinians lay claim to Muslim holy sites as
well as those holy to Palestinian Christians.
At Camp David, the Palestinians
clung to their maximalist position on sovereignty over East Jerusalem and
the Old City, and refused to consider Israeli suggestions of limited
sovereignty or jurisdiction over different areas of the city. According to
various news reports in Israel, Prime Minister Barak proposed (or agreed
to American proposals) expanding municipal Jerusalem under Israeli
sovereignty to include settlements just over the Green Line (the pre-1967
border) including Maaleh Adumim, Pisgat Zeev, and possibly other
settlement blocs on the outskirts of the city. In return, the Palestinian
Authority would get various levels of control over different regions of
Jerusalem and its outskirts (possibly demarcated in three different
zones). The PA would assume full sovereignty over Palestinians villages on
the outskirts of the current municipal boundaries of Jerusalem and
administrative control over other areas of the city with Arab populations.
This area could be considered the capital of a Palestinian entity and
called "Al Quds." As for the Old City of Jerusalem, Palestinians
would have safe passage to the Temple Mount and have "religious
sovereignty" over the area, including the right to fly a Palestinian
flag. The PA would also have "quasi-territorial" status over the
Muslim and Christian quarters of the Old City. According to these sources,
Chairman Arafat refused to agree to any proposal that did not guarantee
the Palestinians full sovereignty over the Old City excluding the Jewish
Quarter. Chairman Arafat also reportedly rejected an American proposal
that the issue of Jerusalem be put off for the future and that Israelis
and Palestinians sign an agreement on all other final status issues.
In his press conference,
President Clinton said of the negotiations on Jerusalem:
"It was the most
difficult problem. And I must tell you that we tried a lot of
different approaches to it and we have not yet found a solution. But
the good news is that there is not a great deal of disagreement. And I
want to emphasize this. It seemed to me, anyway, there was not a great
deal of disagreement in many of these areas about what the facts on
the ground would be after an agreement (is) made; that is, how people
will live. You know, for example, everyone conceded that Jerusalem is
a place that required everyone to have access to holy sites...In terms
of how operationally the Israelis and Palestinians would work
together, there was actually more agreement than I had thought there
would be. Prime Minster Barak took some very bold decisions, but we
were, in the end, unable to bridge the gaps. I think they will be
bridged because I think the alternative is unthinkable."
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Borders,
Settlements and Security Arrangements: According
to sources, there was general Israeli-Palestinian agreement on the major
principles on borders, security and settlements at Camp David. Israel went
to the Summit with the position that it was prepared to make further
significant territorial concessions in the West Bank, but it would not
agree to a return to the pre-1967 borders or a militarized Palestinian
entity. The Palestinians insisted on an Israeli redeployment to pre-1967
borders and the establishment of a Palestinian state (either unilaterally
or in coordination with Israel) within those borders, including East
Jerusalem, the entire West Bank and Gaza Strip
Any border arrangements must
include major provisions for Israeli settlements. Settlements are the
Jewish communities established after the 1967 Six Day War in the West Bank
and Gaza Strip. There are approximately 144 settlements in the West Bank
and Gaza Strip with as many as 200,000 inhabitants. Some of the settlers
have chosen their homes out of religious motivations, believing that Jews
have a right and obligation to settle the biblical areas of Judea and
Samaria. Others believe that their presence in the areas is important for
Israeli security. Others have more prosaic reasons for living in
settlements – seeking cheaper or more spacious living quarters than is
commonly available within the Green Line (pre-1967 borders). While the
Israeli leadership has publicly maintained that no settlements will be
uprooted in a final status agreement, unofficially, there are strong
indications that Israel will be willing to annex the majority of
settlements into "blocs" thereby ensuring that most of the
settlements and settlers remain under Israeli sovereignty. Palestinians
have long seen settlements as a provocation, viewing the settlers as
interlopers on their territory and insist that in any agreement all
settlements must be dismantled.
At Camp David, Israel
reportedly discussed redeploying from at least 88% of the West Bank and
all of the Gaza Strip (some reports cite as much as a 95% withdrawal from
the West Bank). On settlements, media reports say that Israel proposed
annexing 5% of the West Bank which includes the largest blocs of Israeli
settlements (at least 80% of the settler population). The remaining
settlements would be allowed to exist with special security arrangements
under the Palestinian Authority. Reportedly, Israel agreed to the
evacuation of the remaining Jewish settlements in the Gaza Strip.
According to the Israeli media, the Palestinians agreed to the Israeli
annexation of the large settlement blocs, as well as guarantees for the
settlements that remained in Palestinian areas. The Palestinians also
acceded to Israeli security proposals in the border area, including an
Israeli military presence in the Jordan Valley, early warning stations in
the West Bank, and other emergency military rights.
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Refugees:
There was reportedly progress made on the issue of Palestinian refugees.
The term "refugee" is used to refer to those Palestinian Arabs
who lived in British Mandate Palestine prior to Israel’s 1948 War of
Independence or in the State of Israel or West Bank and Gaza Strip prior
to the Six Day War, but during these wars fled to neighboring Arab
nations, other countries or to the West Bank and Gaza Strip. Palestinian
sources say the total number of refugees and their descendents are 3
million. Israel believes these numbers are exaggerated and distinguishes
between the 1948 "refugees" and 1967 "displaced
persons." Israel went into the Summit stating that it would not
accept legal or moral responsibility for the Palestinian refugee problem
but would consider humanitarian efforts such as family reunification and
financial assistance. The Palestinians have always demanded the
"right of return" of all refugees and compensation for losses.
According to The New York
Times, Israel agreed to accept a one-time
"family-reunification" of as many as 100,000 Palestinian
refugees. Israel also agreed to an international fund to compensate
refugees. An international body would be established to oversee
compensation and resettlement issues. Reportedly, Chairman Arafat refused
to back off from his position that all Palestinian refugees have the
"right of return" including to inside Israeli borders.
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Looking Forward: While
President Clinton and Prime Minister Barak both expressed regret and
frustration at the end of the Summit, negotiations are expected to
continue. Reports in the Israeli media suggest that renewed intensive
negotiations – possibly coordinated by the Americans – can be expected
closer to September 13, the date of the threatened Palestinian unilateral
declaration of statehood. President Clinton and Prime Minister Barak have
warned Chairman Arafat as to the dangers of a unilateral declaration.
Already, U.S. lawmakers have introduced legislation that would cut off all
U.S. non-humanitarian aid to the Palestinians if Chairman Arafat
unilaterally declares an independent state outside the framework of a
peace agreement with Israel. Citing such a declaration as "contrary
to both the spirit and the letter of the Oslo Accord," the
legislation would also prohibit the expenditure of any funds to extend
recognition to such a unilaterally declared Palestinian state and mandate
that the President instruct our Ambassador to the United Nations to oppose
the admission to the U.N. of a unilaterally-declared Palestinian state.
President Clinton and Prime Minister Barak have also publicly warned
Chairman Arafat that he will be held responsible for any anti-Israel
violence. Immediately after Prime Minister Barak’s arrival in Israel,
Israel and Palestinian security personnel began consultations on
maintaining calm in the West Bank and Gaza Strip.
In the immediate future, Prime
Minister Barak will focus on pressing domestic political concerns,
particularly in bolstering his weak minority coalition government either
through adding new parties to the coalition or possibly through a national
unity government with the Likud Party.
While post-mortems of the Camp
David Summit will continue to be written, many of the negotiators insist
that despite the disappointing conclusion, progress was made. In
particular, the negotiators note that this was the first time that
high-level official negotiations were held on final status issues. Thus,
while a final status agreement is by no means assured, they insist that it
was an important start, and that with favorable timing and conditions in
the future, further progress can be made.
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