Fatah-Hamas Agreement
- Country/entityPalestine
- RegionMiddle East and North Africa
- Agreement nameFatah-Hamas Agreement
- Date25 Sep 2014
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureInter-group
- Peace processPalestine, Intra-Palestian agreements
- PartiesHamas; Fatah
- Third parties-
- DescriptionAgreement covering several issues and their means of implementation, including and end to the blockade, re-starting the Palestinian Legislative Council, treating civil servants whether employed before or after June 6, 2007 [Gaza elections] fairly, re-affirming common political goals, and resuming the work of the Public Freedoms Committee and the Community Reconciliation Committee, as well as holding new elections.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→RhetoricalPage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 2, 2. Ending the Blockade and Reconstruction:
We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.
Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - 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 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - State configuration
No specific mention.
- Self determinationPage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - 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 referencesPage 1, Committing to overcoming the obstacles facing its work, as well as the integration of all ministry workers, and enabling all institutions, bodies and provinces to carry out their duties as stipulated in the Basic Law.
Page 1, Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.
Page 2, 3. Palestinian Legislative Council:
The two sides call on the parties to implement what was stated in the National Accord Document concerning the Palestinian Legislative Council in accordance with the agreements that formed the basis on which the National Consensus Government was formed. In this context, we call on the parliamentary blocs to hold the necessary consultations, which pave the way for a meeting of the Palestinian Legislative Council. In light of the results of the consultations, we call on the President of the Palestinian National Authority to issue a special decree inviting the council to convene and begin practicing its duties in accordance with the Basic Law.
Page 3, 5. Political Moves:
The two sides stress that these efforts and political moves will be followed up by the PLO and its institutions, particularly the committee for activating and developing the PLO (provisional leadership framework). - ElectionsPage 3-4, 8. Elections:
The two sides stress the need to quickly provide conditions for holding elections in accordance with what is stated in the agreements and understandings, the most recent being the Shati Agreement of April 23, 2014. - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administrationPage 2, 4. Employees:
Enabling the Legal and Administrative Commission that was formed by the National Consensus Government to accomplish the task assigned to it, in accordance to what was stated in the National Accord in 2011, so that it would be able to overcome all obstacles facing its work, with an emphasis on displaying fairness towards all employees recruited before and after June 6, 2007 - in accordance with the laws and regulations that govern their work and in accordance with the recommendations of the committee.
Page 2-3, 4. Employees:
The two sides also call on the government to secure all the financial needs required to solve the problem of employees' salaries according to the recommendations of the committee. Also, the two sides call on the government to guarantee financial awards to employees in the Gaza Strip until the committee ends its work.
Page 3, 6. Committee of Public Freedoms [Joint Committee]:
The Public Freedoms Committee will be called to resume its work in the West Bank and Gaza. The Government will be asked to facilitate the work of the committee so that it would be able to carry out its duties as soon as possible.
Page 3, 7. Committee of Community Reconciliation:
The Committee for Community Reconciliation will be called to resume its work. The Government will be asked to support the work of the committee and provide it with all that is needed to make it successful. - Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- 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 rightsHuman rights and equality→Civil and political rights→OtherPage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - 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/accessPage 1, The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.
Page 2, 2. Ending the Blockade and Reconstruction:
... We stress that the reconstruction also requires the opening of all border crossings with the Gaza Strip and facilitating the entry of construction materials. - 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 1, The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.
Page 1-2, 2. Ending the Blockade and Reconstruction:
We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12.
Page 2, 2. Ending the Blockade and Reconstruction:
We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.
Page 2, 2. Ending the Blockade and Reconstruction:
We affirm our full readiness to cooperate with the UN and its institutions while emphasizing the role of the Palestinian Government as the party responsible for the supervision and follow-up on reconstruction. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International fundsPage 1-2, 2. Ending the Blockade and Reconstruction:
We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12. - Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rightsLand, property and environment→Land reform/rights→Other land rightsPage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - Pastoralist/nomadism rights
No specific mention.
- Cultural heritageLand, property and environment→Cultural heritage→TangiblePage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security GuaranteesPage 1, Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.
The two sides stress the need for the Government to accelerate the exercising of its security duties, in accordance with the laws and regulations mentioned in the National Accord of 2011. - CeasefireSecurity sector→Ceasefire→Ceasefire provisionPage 1, 2. Ending the Blockade and Reconstruction:
The lifting of the siege and the reconstruction of the Gaza Strip is a top priority for our people and political forces. To this end, we reaffirm our commitment to consolidate the cease-fire in accordance with what was agreed upon in the indirect negotiations between the two sides under the auspices of the Egyptians. - 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 releasePage 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees. - Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 1, Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.
... Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.
Page 3, 5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
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 mechanismPage 4, 9. The Follow-Up Committee:
The two parties agreed to form a joint committee to follow up on the implementation of these understandings and previous agreements and work together to overcome the obstacles faced by the Government in its work. - Related cases
No specific mention.
- SourceAbu Toameh, Khaled. ‘Text of Fatah-Hamas Agreement’, Jerusalem Post, 25 September 2014, http://www.jpost.com/Arab-Israeli-Conflict/Text-of-Fatah-Hamas-agreement-376350
Fatah-Hamas Agreement
(Cairo, 25 September 2014)
1. Government:
Empowering the Government of National Consensus and its ministers, each in his field and in accordance with the powers and functions entrusted to him in the National Reconciliation Document which was signed on April 5, 2011 in line with the Basic Law of the Palestinian National Authority.
Committing to overcoming the obstacles facing its work, as well as the integration of all ministry workers, and enabling all institutions, bodies and provinces to carry out their duties as stipulated in the Basic Law.
Fatah and Hamas affirm the need for the National Consensus Government to accelerate the exercising of its security duties over the areas of the Palestinian National Authority in line with the laws and regulations, as stated in the reconciliation agreement of April 5, 2011.
The two sides stress the need for the Government to accelerate the exercising of its security duties, in accordance with the laws and regulations mentioned in the National Accord of 2011.
The two sides affirm their full support for the Government in its effort to end the blockade and resume work at all border crossings with the Israeli side in the Gaza Strip and the return of the employees at the crossings to work in order to facilitate people's movement and their trade, as well as bringing in materials required for the reconstruction of Gaza.
2. Ending The Blockade and Reconstruction:
The lifting of the siege and the reconstruction of the Gaza Strip is a top priority for our people and political forces.
To this end, we reaffirm our commitment to consolidate the cease-fire in accordance with what was agreed upon in the indirect negotiations between the two sides under the auspices of the Egyptians.
We call on the international community to convene a conference of donors for the reconstruction of the Gaza Strip on October 12.
We call on all institutions and relevant parties, especially the Palestinian Government, to quickly accomplish the plans for the reconstruction of Gaza, with priority given to rebuilding houses, schools and hospitals - that have a relief and humanitarian dimension - to provide shelter for the displaced.
We affirm our full readiness to cooperate with the UN and its institutions while emphasizing the role of the Palestinian Government as the party responsible for the supervision and follow-up on reconstruction.
We stress that the reconstruction also requires the opening of all border crossings with the Gaza Strip and facilitating the entry of construction materials.
3. Palestinian Legislative Council:
The two sides call on the parties to implement what was stated in the National Accord Document concerning the Palestinian Legislative Council in accordance with the agreements that formed the basis on which the National Consensus Government was formed.
In this context, we call on the parliamentary blocs to hold the necessary consultations, which pave the way for a meeting of the Palestinian Legislative Council.
In light of the results of the consultations, we call on the President of the Palestinian National Authority to issue a special decree inviting the council to convene and begin practicing its duties in accordance with the Basic Law.
4. Employees:
Enabling the Legal and Administrative Commission that was formed by the National Consensus Government to accomplish the task assigned to it, in accordance to what was stated in the National Accord in 2011, so that it would be able to overcome all obstacles facing its work, with an emphasis on displaying fairness towards all employees recruited before and after June 6, 2007 - in accordance with the laws and regulations that govern their work and in accordance with the recommendations of the committee.
The two sides also call on the government to secure all the financial needs required to solve the problem of employees' salaries according to the recommendations of the committee.
Also, the two sides call on the government to guarantee financial awards to employees in the Gaza Strip until the committee ends its work.
5. Political Moves:
While emphasizing commitment to the 2006 document of National Reconciliation and all its items, we support Palestinian political moves and efforts aimed at achieving the national goals of the Palestinian people at this stage, and which are contained in the document of National Reconciliation - namely, the liberation of the land, the removal of settlements and the evacuation of the settlers, the removal of the separation and annexation racist wall, the achievement of freedom, right of return, independence and self-determination, including the establishment of an independent state with full sovereignty on all Palestinian lands occupied in 1967, with its capital in Jerusalem, guaranteeing the right of return of refugees to their homes and the liberation of all prisoners and detainees.
The two sides stress that these efforts and political moves will be followed up by the PLO and its institutions, particularly the committee for activating and developing the PLO (provisional leadership framework).
6. Committee of Public Freedoms:
The Public Freedoms Committee will be called to resume its work in the West Bank and Gaza.
The Government will be asked to facilitate the work of the committee so that it would be able to carry out its duties as soon as possible.
7. Committee of Community Reconciliation:
The Committee for Community Reconciliation will be called to resume its work.
The Government will be asked to support the work of the committee and provide it with all that is needed to make it successful.
8. Elections:
The two sides stress the need to quickly provide conditions for holding elections in accordance with what is stated in the agreements and understandings, the most recent being the Shati Agreement of April 23, 2014.
9. The Follow-Up Committee:
The two parties agreed to form a joint committee to follow up on the implementation of these understandings and previous agreements and work together to overcome the obstacles faced by the Government in its work.
Finally, the two sides express their gratitude and appreciation to Egypt for hosting these meetings in Cairo.
This confirms Egypt's keenness to support the Palestinian cause, strengthen Palestinian national unity and follow up on reconciliation efforts in all aspects, and secure political and financial backing, as well as moral support required for this purpose, in accordance with the resolutions of the Arab League.