An agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)

  • Country/entity
    Palestine
  • Region
    Middle East and North Africa
  • Agreement name
    An agreement by the Fatah and Hamas movements to end Palestinian division (Fatah-Hamas Agreement)
  • Date
    12 Oct 2017
  • 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
    Leader of Fatah delegation, Azzam al-Ahmad;
    Hamas deputy politburo chief, Salah al-Arouri;
  • Third parties
    Government of Egypt (President Abd al-Fatah al-Sisi)
  • Description
    Short 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.


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 administration
    Page 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 sharing
    Power sharing→Territorial power sharing→Other
    Page 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 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.
  • 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
    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.
  • 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 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.

  • Taxation
    Socio-economic reconstruction→Taxation→Other
    Page 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.

  • Police
    Page 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 services
    Page 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.

  • Reconciliation
    Page 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.

  • Source
    Dov 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