An agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)
- Country/entityPalestine
- RegionMiddle East and North Africa
- Agreement nameAn agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)
- Date12 Oct 2017
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureInter-group
- Peace processPalestine, Intra-Palestian agreements
- PartiesLeader of Fatah delegation, Azzam al-Ahmad;
Hamas deputy politburo chief, Salah al-Arouri; - Third partiesGovernment of Egypt (President Abd al-Fatah al-Sisi)
- DescriptionShort two-page agreement building on the May 4, 2011, Palestinian National Accord, that includes 6 points. (1) to consolidate the National Reconciliation Government; (2) to come to a solution on the status and salaries of Gazan state employees; (3) for the NRG to take over the border crossings into Gaza; (4) for leaders of PA security services to negotiate the construction of a joint-security service; (5) for another meeting to be held in December 2017, and for a meeting to be held in November 2017 with the explicit agenda to discuss reconciliation procedures.
- Agreement document
- Agreement document (original language)
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 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
- 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)→New political institutions (indefinite)Page 1, (1) Completing procedures to enable the National Reconciliation Government (the Palestinian Authority) to fully exercise its functions and carry out its responsibilities in Gaza as it does in the West Bank by December 1, 2017.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administrationPage 1, ... (2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip. While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.
- Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→OtherPage 1, ... (3) Completing the process of allowing the National Consensus Government to take over all crossings of the Gaza Strip, including enabling Palestinian Authority staff to manage these crossings in full by January 11, 2018.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL generalPage 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
- 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.
- DemocracyPage 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
- 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 1, Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- TaxationSocio-economic reconstruction→Taxation→OtherPage 1, ... (2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip. While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.
- 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
No specific mention.
- Ceasefire
No specific mention.
- PolicePage 1, ... (4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence servicesPage 1, ... (4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.
- 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.
- ReconciliationPage 2, (6) A meeting will be held on November 14, 2017, for all Palestinian factions that signed the agreement on “Palestinian National Accord” on May 4, 2011, to discuss all the reconciliation items mentioned in the agreement.
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.
- SourceDov Lieber, 'Translation of leaked Hamas-Fatah agreement', Times of Israel, 15 October 2017, https://www.timesofisrael.com/translation-of-leaked-hamas-fatah-agreement/
Hamas-Fatah Agreement
12 October 2017
In the name of God the Merciful,
An agreement by the Fatah and Hamas movements to end Palestinian division:
Based on the importance of cementing the principle of national partnership and giving priority to the public interest to achieve the hopes and aspirations of the Palestinian people to end the division, to strengthen the national front and national unity, in order to fulfill the national project and end the occupation and establish a sovereign Palestinian state on all the Palestinian territories occupied in 1967, with Jerusalem as its capital and the return of the refugees, with a full commitment to the Basic Law, to maintain a single democratic and pluralistic political system, with a peaceful transfer of power through elections, and the protection of independent national Palestinian decision-making and respect for the sovereignty of states, and to welcome all assistance to the Palestinian people for reconstruction and development through the Palestinian government.
Fatah and Hamas held a series of meetings on October 10-11, 2017, under Egyptian auspices in Cairo, to discuss the issues of national reconciliation.
The two movements agreed on the following:
(1) Completing procedures to enable the National Reconciliation Government (the Palestinian Authority) to fully exercise its functions and carry out its responsibilities in Gaza as it does in the West Bank by December 1, 2017.
(2) For the legal/administrative committee formed by the National Reconciliation Government to quickly find a solution to the issue of Gaza’s [government] employees, before the 1st of February, 2018, with the participation of experts and specialists knowledgeable of the Gaza Strip.
While the committee works, the government will pay employees their salaries as paid to them currently effective November 2017, once the government is able to carry out its administrative and financial powers, including tax collection.
(3) Completing the process of allowing the National Consensus Government to take over all crossings of the Gaza Strip, including enabling Palestinian Authority staff to manage these crossings in full by January 11, 2018.
(4) Leaders of the official security services operating in the State of Palestine will go to the Gaza Strip to discuss ways and mechanisms for rebuilding the security services with relevant parties.
(5) A meeting will be held in Cairo during the first week of December 2017 to assess what progress has been achieved regarding the agreed upon issues.
(6) A meeting will be held on November 14, 2017, for all Palestinian factions that signed the agreement on “Palestinian National Accord” on May 4, 2011, to discuss all the reconciliation items mentioned in the agreement.
Signed by:
Leader of Fatah delegation, Azzam al-Ahmad
Hamas deputy politburo chief, Salah al-Arouri