The Gaza Agreement (The Sha'ti Agreement)

  • Country/entity
    Palestine
  • Region
    Middle East and North Africa
  • Agreement name
    The Gaza Agreement (The Sha'ti Agreement)
  • Date
    23 Apr 2014
  • 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
    Palestinian Liberation Organization Delegation:
    Azzam al-Ahmad [Signature]
    Bassam al-Salahi [Signature]
    Mustafa al-Barghouti [Signature]
    Munieb al-Masri [Signature]
    Jamil Shehada [Signature]
    Nizar Aoudallah [Signature]

    Hamas Movement Delegation:
    Ismail Haniyeh [Signature]
    Mousa Abu Marzouk [Signature]
    Imad al-Almy [Signature]
    Mahmoud al-Zahar [Signature]
    Khalil al-Hayya [Signature]
  • Third parties
    Egyptian Government
  • Description
    A short agreement reaffirming implementation procedures laid out in the Cairo and Doha agreements.


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
    Groups→Religious groups→Rhetorical
    Page 1, Untitled Preamble,
    At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
  • 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
    Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1, untitled preamble, At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip]; and at a time when our people’s suffering continues, whether in the homeland or diaspora; national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

    Page 1, untitled preamble, After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.
  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols
    Page 1, untitled preamble, After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.
  • 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, Fourth: The [Palestinian] Liberation Organization: It was agreed that the Palestinian Liberation Organization Activation and Development Committee will meet, to exercise its functions stipulated in the agreements, within five weeks as of this date, and it was confirmed that its meetings will continue periodically thereafter.

    Page 2, Sixth: Freedoms Committee: An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.

    Page 2, Seventh: The Legislative Council: An emphasis on the application of what has been agreed upon, to activate the Palestinian Legislative Council and for it to carry out its duties.
  • Elections
    Page 1-2, Third: Elections: To emphasize that legislative, presidential and National Council elections will be held simultaneously, and the president is authorized to set a date for elections, in consultation with the national forces and actors, and the elections shall be held at least six months after the formation of the government.

    This shall be discussed in the [Palestinian] Liberation Organization Activation Committee, during its next meeting, and the requirements for holding the said elections shall be completed.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • 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→General
    State level
    Page 1, Second:The government: President Mahmoud Abbas will begin consultations to form a government of national consensus, in line with his history, and it shall be declared within the legally specified period of five weeks, based on the Cairo Agreement and the Doha Declaration, and it will carry out all of its obligations.
  • 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
    Page 2, Sixth: Freedoms Committee: An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.
  • 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

    No specific mention.

  • 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
    Land, property and environment→Land reform/rights→Other land rights
    Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage
    Land, property and environment→Cultural heritage→Tangible
    Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
    Land, property and environment→Cultural heritage→Intangible
    Page 1, untitled preamble, [Summary] mentions the issue of "Judaizing Jerusalem".
  • 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

    No specific mention.

  • Armed forces
    Page 1, untitled preamble, At a time when the attack on the Palestinian cause is growing, at all levels; and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him; and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify; and as our Islamic and Christian holy sites are desecrated; and as settlements penetrate the steadfast territory of the West Bank; and as the occupation neglects all international agreements, treaties, pacts and norms; as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division; and as [the occupation’s] settlers run wild over people, trees and stones; and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.
  • 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 1, untitled preamble, At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip]; and at a time when our people’s suffering continues, whether in the homeland or diaspora; national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

    Page 1, untitled preamble, Based on these exalted nationalist and religious premises, the Palestinian Liberation Organization’s delegation and Hamas met on the steadfast land of Gaza, to agree on timetables for ending the division and applying a national reconciliation agreement.

    Page 2, Fifth: The Social Reconciliation Committee: the immediate resumption of work on social reconciliation, including [the work of] subcommittees, based on what was agreed upon in Cairo.

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
    Gaza Today
    https://todayingaza.wordpress.com/2014/05/01/text-of-the-palestinian-reconciliation-agreement/

The Sha’ti Agreement (The Gaza Agreement) April 2014

In the name of God the Merciful

“Hold on to God and be not divided among yourselves” (Qu’ranic quote)

At a time when the attack on the Palestinian cause is growing, at all levels;

and at a time of increasing attacks on Al-Aqsa Mosque, the first Qibla and the site of the Misra of the Prophet, peace be upon Him;

and as operations to Judaize the occupied city of Jerusalem and eliminate its Arab identity intensify;

and as our Islamic and Christian holy sites are desecrated;

and as settlements penetrate the steadfast territory of the West Bank;

and as the occupation neglects all international agreements, treaties, pacts and norms;

as its army intensifies its aggressions and surpasses all borders, and its leaders scheme against our people and leaders by means of this loathsome division;

and as [the occupation’s] settlers run wild over people, trees and stones;

and as our male and female prisoners are subjected to the worst forms of abuse in the occupation’s jails.

At a time when the suffocating siege is tightening on our great Strip, and humanitarian problems intensify for our steadfast brothers [in the Strip];

and at a time when our people’s suffering continues, whether in the homeland or diaspora;

national reconciliation, ending the Palestinian division, restoring and strengthening national unity, and putting in place controls that ensure stability, continuity and growth becomes a national duty.

After the brothers reviewed the political situation affecting our national cause, and the political stalemate resulting from Israeli politics and intransigence, everyone has [realized] the national responsibility of joint action, and the need to strengthen partnership in policy and decision-making, so that our people can continue their march toward freedom, return [to their homeland] and establish an independent Palestinian State, with its capital in Jerusalem.

Based on these exalted nationalist and religious premises, the Palestinian Liberation Organization’s delegation and Hamas met on the steadfast land of Gaza, to agree on timetables for ending the division and applying a national reconciliation agreement.

Two meetings were held over a period of two days, between the two delegations, and the meetings were characterized by a spirit of understanding, diligence, agreement, and giving priority to the interests of the homeland;

whereby the following was agreed upon:

First:

To emphasize a commitment to all that was agreed upon in the Cairo Agreement — including the understandings thereto — and the Doha Declaration, and [these agreements] shall be considered a reference for implementation [of reconciliation].

Second:

The government:

President Mahmoud Abbas will begin consultations to form a government of national consensus, in line with his history, and it shall be declared within the legally specified period of five weeks, based on the Cairo Agreement and the Doha Declaration, and it will carry out all of its obligations.

Third:

Elections:

To emphasize that legislative, presidential and National Council elections will be held

1

simultaneously, and the president is authorized to set a date for elections, in consultation with the national forces and actors, and the elections shall be held at least six months after the formation of the government.

This shall be discussed in the [Palestinian] Liberation Organization Activation Committee, during its next meeting, and the requirements for holding the said elections shall be completed.

Fourth:

The [Palestinian] Liberation Organization:

It was agreed that the Palestinian Liberation Organization Activation and Development Committee will meet, to exercise its functions stipulated in the agreements, within five weeks as of this date, and it was confirmed that its meetings will continue periodically thereafter.

Fifth:

The Social Reconciliation Committee:

the immediate resumption of work on social reconciliation, including [the work of] subcommittees, based on what was agreed upon in Cairo.

Sixth:

Freedoms Committee:

An emphasis on the application of what was agreed upon in Cairo, concerning the issue of public freedoms, and the Public Freedoms Committee in the West Bank and Gaza has been called upon to resume work immediately and implement its decisions.

Seventh:

The Legislative Council:

An emphasis on the application of what has been agreed upon, to activate the Palestinian Legislative Council and for it to carry out its duties.

In conclusion, the two delegations affirm the value of and their appreciation for the Egyptian role in overseeing the reconciliation agreement, and they confirm that this role will continue, and note the value of comprehensive Arab support for the application of the reconciliation agreement.

Palestinian Liberation Organization Delegation/Hamas Movement Delegation Azzam al-Ahmad [Signature] /Ismail Haniyeh [Signature]

Bassam al-Salahi [Signature] /Mousa Abu Marzouk [Signature]

Mustafa al-Barghouti [Signature] /Imad al-Almy [Signature]

Munieb al-Masri [Signature] /Mahmoud al-Zahar [Signature] Jamil Shehada [Signature] /Khalil al-Hayya [Signature]

Nizar Aoudallah [Signature]

2