The Fatah-Hamas Unity Agreement, Cairo

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Country/entity
Palestine
Region
Middle East and North Africa
Agreement name
The Fatah-Hamas Unity Agreement, Cairo
Date
3 May 2011
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Hamas-Fatah Conflict (2006 - ) )
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Palestine, Intra-Palestian agreements
Parties
Hamas and Fatah
Third parties
Egypt
Description
"Under the auspices of Egypt, delegations from the Fatah and Hamas movements met in Cairo on April 27, 2011 to discuss the issues concerning ending the political division and the achievement of national unity. On top of the issues were some reservations related to the Palestinian National Unity Accord made in 2009."

Agreement document
PS_110427_Cairo Accords.pdf | 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 2, B. Functions of the Government
... 6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.
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)→General references
Page 2, 3. Security
It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.

Page 2, 4.Government
A. Formation of the Government:
Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.
B. Functions of the Government:
1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.
2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.
3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.
4. Continuation of the implementation of the provisions of the Palestinian National Accord.
5. To resolve the civil and administrative problems that resulted from the division.
6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.
7. To fix the status of the associations, Non-Governmental Organizations and charities.
Elections
Page 1, 1. Elections
A. Election Committee:
Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions. This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.
B. Electoral Court:
Both Fatah and Hamas agree on the nomination of no more than twelve judges to be members of the Electoral Court. This list will then be submitted to the Palestinian President in order to take the necessary legal actions to form the Electoral Court in agreement with the Palestinian factions.
C. Timing of Elections:
The Legislative, Presidential, and the Palestinian National Council elections will be conducted at the same time exactly one year after the signing of the Palestinian National Reconciliation Agreement.

Page 2, B. Functions of the Government:
1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.
Electoral commission
Page 1, 1. Elections
A. Election Committee:
Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions. This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.
Political parties reform
No specific mention.
Civil society
Page 2, B. Functions of the Government
... 7. To fix the status of the associations, Non-Governmental Organizations and charities.
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→Executive coalition
State level
Page 2, 4.Government
A. Formation of the Government:
Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 3, 5. Legislative Council:
Both Fatah and Hamas agree to reactivate the Palestinian Legislative Council in accordance to the Basic Law.
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
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, B. Functions of the Government
... 3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.
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
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
Page 2, 3. Security
It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.
Ceasefire
No specific mention.
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
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 2, B. Functions of the Government:
... 2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.
... 5. To resolve the civil and administrative problems that resulted from the division.

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
Al Akhbar English Archive
http://english.al-akhbar.com/sites/default/files/Cairo%20Accords%20%28May%202011%29.pdf

Cairo Accords (May 2011)

Under the auspices of Egypt, delegations from the Fatah and Hamas movements met in Cairo on April 27, 2011 to discuss the issues concerning ending the political division and the achievement of national unity.

On top of the issues were some reservations related to the Palestinian National Unity Accord made in 2009.

Both political parties mutually agreed that the basis of understanding made during the

meeting are committing to both parties in the implementation of the Palestinian National Reconciliation Agreement.

The basis of understanding agreed upon by Fatah and Hamas are as follows:

1. Elections

A. Election Committee:

Both Fatah and Hamas agree to identify the names of the members of the Central Election Commission in agreement with the Palestinian factions.

This list will then be submitted to the Palestinian President who will issue a decree of the reformation of the committee.

B. Electoral Court:

Both Fatah and Hamas agree on the nomination of no more than twelve judges to be members of the Electoral Court.

This list will then be submitted to the Palestinian President in order to take the necessary legal actions to form the Electoral Court in agreement with the Palestinian factions.

C. Timing of Elections:

The Legislative, Presidential, and the Palestinian National Council elections will be conducted at the same time exactly one year after the signing of the Palestinian National Reconciliation Agreement.

2. Palestine Liberation Organization

The political parties of both Fatah and Hamas agree that the tasks and decisions of the provisional interim leadership cannot be hindered or obstructed, but in a manner that is not conflicting with the authorities of the Executive Committee of the Palestine Liberation Organization.

3. Security

It was emphasized that the formation of the Higher Security Committee which will be formed by a decree of the Palestinian President and will consist of professional officers in consensus.

4.Government

A. Formation of the Government:

Both Fatah and Hamas agree to form a Palestinian government and to appoint the Prime Minister and Ministers in consensus between them.

B. Functions of the Government:

1. Preparation of necessary condition for the conduction of Presidential, Legislative and the Palestinian National Council elections.

2. Supervising and addressing the prevalent issues regarding the internal Palestinian reconciliation resulting from the state of division.

3. Follow-up of the reconstruction operations in the Gaza Strip and the efforts to end the siege and blockade that is imposed on it.

4. Continuation of the implementation of the provisions of the Palestinian National Accord.

5. To resolve the civil and administrative problems that resulted from the division.

6. Unification of the Palestinian National Authority institutions in the West Bank, Gaza Strip and Jerusalem.

7. To fix the status of the associations, Non-Governmental Organizations and charities.

5. Legislative Council:

Both Fatah and Hamas agree to reactivate the Palestinian Legislative Council in accordance to the Basic Law.