Fatah-Hamas Agreement

  • Country/entity
    Palestine
  • Region
    Middle East and North Africa
  • Agreement name
    Fatah-Hamas Agreement
  • Date
    25 Sep 2014
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Hamas-Fatah Conflict (2006 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Inter-group
  • Peace process
    Palestine, Intra-Palestian agreements
  • Parties
    Hamas; Fatah
  • Third parties
    -
  • Description
    Agreement 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.


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
    Groups→Racial/ethnic/national group→Rhetorical
    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.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    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 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 determination
    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.
  • 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 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).
  • Elections
    Page 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 administration
    Page 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 rights
    Human rights and equality→Civil and political rights→Other
    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.
  • 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
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 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 funds
    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.
  • 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 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 heritage
    Land, property and environment→Cultural heritage→Tangible
    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.
  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 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.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 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 release
    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.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    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.

    ... 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 mechanism
    Page 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.

  • Source
    Abu 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.