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
12/10/2017
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Hamas-Fatah Conflict (2006 - )
In 2006, Palestine held its first round of local legislative elections wherein the long-standing incumbent, Fatah, was defeated by the Muslim Brotherhood affiliated Hamas. As the largest faction of the Palestinian Liberation Organisation (PLO), Fatah’s leadership was put under pressure by the international community, who perceived Hamas as a possible threat to the Arab-Israeli peace process. As such, Fatah refused to join in the grand coalition with Hamas, and President Mahmoud Abbas began to increase his power through presidential decrees. Inside the Hamas strong-hold of Gaza, politicians on both sides were assassinated and within both Gaza and the West Bank, both sides were increasing the size and capabilities of their respective armed wings. The Presidential Guard of Mahmoud Abbas received funding, arms and training from the U.S and Israel during this time. Tensions rose further, as President Abbas called for new elections to be held in late-2006. These did not occur, and the date was shifted to mid-2007. Skirmishes broke out occasionally. On July 10, 2007, sustained clashes continued and escalated and by the end of July 15, Hamas had consolidated its military control over the Gaza Strip.

Since then several agreements have been signed between the two sides pledging two form a unity government including the 2007 Mecca Agreements; 2008 Yemeni Initiative; 2010 Cairo Agreement; April 2011 Cairo Agreement; 2012 Doha Agreement; May 2012 Cairo Accord and the 2014 Gaza Agreement.

Hamas-Fatah Conflict (2006 - ) )
Stage
Implementation/renegotiation (Addresses new or outstanding issues)
Conflict nature
Inter-group
Peace process
33: 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.

Agreement document
PS_171012_Hamas-Fatah Agreement_E.pdf []

Agreement document (original language)
PS_171012_Hamas-Fatah Agreement_AR.pdf []

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

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.

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.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
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.

Power sharing

Political power sharing
No specific mention.
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
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.
Equality
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.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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
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
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.

The University of Edinburgh