2.JERUSALEM
2.1. Sovereignty
Both sides accepted in principle the Clinton suggestion of having
Palestinian sovereignty over Arab neighborhoods and Israeli
sovereignty over Jewish neighborhoods. The Palestinian side, within
the context of a land swap, affirmed that it was ready to discuss
Israeli requests regarding settlements in East Jerusalem that were
constructed after 1967, but not Jebel Abu Ghneim and Ras al-Amud.
The Palestinian side rejected Israeli sovereignty over settlements
outside the municipal borders of Jerusalem, such as Ma'ale Adumim
and Givat Ze'ev.
The Palestinian side understood that Israel was ready to accept
Palestinian sovereignty over Arab neighborhoods of East Jerusalem,
including the entire Muslim, Christian and Armenian quarters of the
old city of Jerusalem, The Israeli side understood that the
Palestinians were willing to accept Israeli sovereignty over the
Jewish Quarter of the Old City and part of the Armenian quarter.
2.2Open City
Both sides favored the idea of an Open City…
2.3. Capital for Two States
Both sides accepted that the City of Jerusalem would be the capital
of the two states: Yerushalayim, capital of Israel and Al-Qods,
capital of the State of Palestine.
2.4. Holy/Historical Basin and the Old City
…The Israeli side expressed its interest and raised its concern
regarding the area conceptualized as the Holy Basin (which includes
the Jewish Cemetery on the Mount of Olives, the City of David,
Kidron Valley). The Palestinian side confirmed that it was willing
to take into account Israeli interests and concerns provided that
these places remain under Palestinian sovereignty. Another option
for the Holy Basin, suggested informally by the Israeli side, was to
create a special regime or to suggest some form of
internationalization for the entire area or a joint regime with
special cooperation and coordination. The Palestinian side did not
agree to adopt any of these ideas, although the discussion could
continue.
2.5. Holy Sites/Western Wall and the Wailing Wall
Both parties have accepted the principle of respective control over
each side's respective holy sites by the two parties (religious
control and management). According to this principle, Israeli
control over the Western Wall would be recognized although there
remained a dispute regarding the area covered by the Wall and
especially the link to what is referred to in Clinton's ideas as
"the space sacred to Judaism of which it is a part."
The Palestinian side acknowledged that Israel has requested to
establish an affiliation to the holy parts of the Western Wall, but
given its own reservations regarding the delineation of the
Western/Wailing Wall, this issue has not been fully resolved.
2.6. Haram al-Sharif/Temple Mount
Both sides agreed that the question of Haram al-Sharif/Temple Mount
has not been resolved…An informal suggestion was raised that for an
agreed period such as three years, Haram al-Sharif/Temple Mount
would be under international sovereignty of the P5 [the five
permanent members of the Security Council] plus Morocco (or another
Islamic presence), whereby the Palestinians would be the
"Guardian/Custodians" during this period. At the end of this period,
either the parties would agree on a new solution or agree to extend
the existing arrangement. In the absence of an agreement, the
parties would return to implement the Clinton formulation. Neither
accepted or rejected the suggestion.
Article 6 – Jerusalem
1. Religious and Cultural Significance:
(a) The Parties recognize the universal historic, religious,
spiritual, and cultural significance of Jerusalem and its holiness
enshrined in Judaism, Christianity, and Islam. In recognition of
this status, the Parties reaffirm their commitment to safeguard the
character, holiness, and freedom of worship in the city and to
respect the existing division of administrative functions and
traditional practices between different denominations.
(b) The Parties shall establish an inter-faith body consisting of
representatives of the three monotheistic faiths, to act as a
consultative body to the Parties on matters related to the city's
religious significance and to promote inter-religious understanding
and dialogue. The composition, procedures, and modalities for this
body are set forth in Annex X.
2. Capital of Two States
The Parties shall have their mutually recognized capitals in the
areas of Jerusalem under their respective sovereignty.
3. Sovereignty
Sovereignty in Jerusalem shall be in accordance with attached Map 2.
This shall not prejudice nor be prejudiced by the arrangements set
forth below.
4. Border Regime
The border regime shall be designed according to the provisions of
Article 11, and taking into account the specific needs of Jerusalem
(e.g., movement of tourists and intensity of border crossing use
including provisions for Jerusalemites) and the provisions of this
Article.
5. al-Haram al-Sharif/Temple Mount (Compound)
(a) International Group
i. An International Group, composed of the IVG and other parties to
be agreed upon by the Parties, including members of the Organization
of the Islamic Conference (OIC), shall hereby be established to
monitor, verify, and assist in the implementation of this clause.
ii. For this purpose, the International Group shall establish a
Multinational Presence on the Compound, the composition, structure,
mandate and functions of which are set forth in Annex X.
iii. The Multinational Presence shall have specialized detachments
dealing with security and conservation. The Multinational Presence
shall make periodic conservation and security reports to the
International Group. These reports shall be made public.
iv. The Multinational Presence shall strive to immediately resolve
any problems arising and may refer any unresolved disputes to the
International Group that will function in accordance with Article
16.
v. The Parties may at any time request clarifications or submit
complaints to the International Group which shall be promptly
investigated and acted upon.
vi. The International Group shall draw up rules and regulations to
maintain security on and conservation of the Compound. These shall
include lists of the weapons and equipment permitted on the site.
(b) Regulations Regarding the Compound
i. In view of the sanctity of the Compound, and in light of the
unique religious and cultural significance of the site to the Jewish
people, there shall be no digging, excavation, or construction on
the Compound, unless approved by the two Parties. Procedures for
regular maintenance and emergency repairs on the Compound shall be
established by the IG after consultation with the Parties.
ii. The state of Palestine shall be responsible for maintaining the
security of the Compound and for ensuring that it will not be used
for any hostile acts against Israelis or Israeli areas. The only
arms permitted on the Compound shall be those carried by the
Palestinian security personnel and the security detachment of the
Multinational Presence.
iii. In light of the universal significance of the Compound, and
subject to security considerations and to the need not to disrupt
religious worship or decorum on the site as determined by the Waqf,
visitors shall be allowed access to the site. This shall be without
any discrimination and generally be in accordance with past
practice.
(c) Transfer of Authority
i. At the end of the withdrawal period stipulated in Article 5/7,
the state of Palestine shall assert sovereignty over the Compound.
ii. The International Group and its subsidiary organs shall continue
to exist and fulfill all the functions stipulated in this Article
unless otherwise agreed by the two Parties.
6. The Wailing Wall
The Wailing Wall shall be under Israeli sovereignty.
7. The Old City
(a) Significance of the Old City
i. The Parties view the Old City as one whole enjoying a unique
character. The Parties agree that the preservation of this unique
character together with safeguarding and promoting the welfare of
the inhabitants should guide the administration of the Old City.
ii. The Parties shall act in accordance with the UNESCO World
Cultural Heritage List regulations, in which the Old City is a
registered site.
(b)IVG Role in the Old City
i. Cultural Heritage
1. The IVG shall monitor and verify the preservation of cultural
heritage in the Old City in accordance with the UNESCO World
Cultural Heritage List rules. For this purpose, the IVG shall have
free and unimpeded access to sites, documents, and information
related to the performance of this function.
2. The IVG shall work in close coordination with the Old City
Committee of the Jerusalem Coordination and Development Committee (JCDC),
including in devising a restoration and preservation plan for the
Old City.
ii. Policing
1. The IVG shall establish an Old City Policing Unit (PU) to liaise
with, coordinate between, and assist the Palestinian and Israeli
police forces in the Old City, to defuse localized tensions and help
resolve disputes, and to perform policing duties in locations
specified in and according to operational procedures detailed in
Annex X.
2. The PU shall periodically report to the IVG.
iii. Either Party may submit complaints in relation to this clause
to the IVG, which shall promptly act upon them in accordance with
Article 16.
(c) Free Movement within the Old City
Movement within the Old City shall be free and unimpeded subject to
the provisions of this article and rules and regulations pertaining
to the various holy sites.
(d) Entry into and Exit from the Old City
i. Entry and exit points into and from the Old City will be staffed
by the authorities of the state under whose sovereignty the point
falls, with the presence of PU members, unless otherwise specified.
ii. With a view to facilitating movement into the Old City, each
Party shall take such measures at the entry points in its territory
as to ensure the preservation of security in the Old City. The PU
shall monitor the operation of the entry points.
iii. Citizens of either Party may not exit the Old City into the
territory of the other Party unless they are in possession of the
relevant documentation that entitles them to. Tourists may only exit
the Old City into the territory of the Party which they posses valid
authorization to enter.
(e) Suspension, Termination, and Expansion
i. Either Party may suspend the arrangements set forth in Article
6.7.iii in cases of emergency for one week. The extension of such
suspension for longer than a week shall be pursuant to consultation
with the other Party and the IVG at the Trilateral Committee
established in Article 3/3.
ii. This clause shall not apply to the arrangements set forth in
Article 6/7/vi.
iii. Three years after the transfer of authority over the Old City,
the Parties shall review these arrangements. These arrangements may
only be terminated by agreement of the Parties.
iv. The Parties shall examine the possibility of expanding these
arrangements beyond the Old City and may agree to such an expansion.
(f) Special Arrangements
i. Along the way outlined in Map X (from the Jaffa Gate to the Zion
Gate) there will be permanent and guaranteed arrangements for
Israelis regarding access, freedom of movement, and security, as set
forth in Annex X.
1. The IVG shall be responsible for the implementation of these
arrangements.
ii. Without prejudice to Palestinian sovereignty, Israeli
administration of the Citadel will be as outlined in Annex X.
(g) Color-Coding of the Old City
A visible color-coding scheme shall be used in the Old City to
denote the sovereign areas of the respective Parties.
(h) Policing
i. An agreed number of Israeli police shall constitute the Israeli
Old City police detachment and shall exercise responsibility for
maintaining order and day-to-day policing functions in the area
under Israeli sovereignty.
ii. An agreed number of Palestinian police shall constitute the
Palestinian Old City police detachment and shall exercise
responsibility for maintaining order and day-to-day policing
functions in the area under Palestinian sovereignty.
iii. All members of the respective Israeli and Palestinian Old City
police detachments shall undergo special training, including joint
training exercises, to be administered by the PU.
iv. A special Joint Situation Room, under the direction of the PU
and incorporating members of the Israeli and Palestinian Old City
police detachments, shall facilitate liaison on all relevant matters
of policing and security in the Old City.
(i) Arms
No person shall be allowed to carry or possess arms in the Old City,
with the exception of the Police Forces provided for in this
agreement. In addition, each Party may grant special written
permission to carry or possess arms in areas under its sovereignty.
(j) Intelligence and Security
i. The Parties shall establish intensive intelligence cooperation
regarding the Old City, including the immediate sharing of threat
information.
ii. A trilateral committee composed of the two Parties and
representatives of the United States shall be established to
facilitate this cooperation.
8. Mount of Olives Cemetery
(a) The area outlined in Map X (the Jewish Cemetery on the Mount of
Olives) shall be under Israeli administration; Israeli law shall
apply to persons using and procedures appertaining to this area in
accordance with Annex X.
i. There shall be a designated road to provide free, unlimited, and
unimpeded access to the Cemetery.
ii. The IVG shall monitor the implementation of this clause.
iii. This arrangement may only be terminated by the agreement of
both Parties.
9. Special Cemetery Arrangements
Arrangements shall be established in the two cemeteries designated
in Map X (Mount Zion Cemetery and the German Colony Cemetery), to
facilitate and ensure the continuation of the current burial and
visitation practices, including the facilitation of access.
10. The Western Wall Tunnel
(a) The Western Wall Tunnel designated in Map X shall be under
Israeli administration, including:
i. Unrestricted Israeli access and right to worship and conduct
religious practices.
ii. Responsibility for the preservation and maintenance of the site
in accordance with this Agreement and without damaging structures
above, under IVG supervision.
iii. Israeli policing.
iv. IVG monitoring
v. The Northern Exit of the Tunnel shall only be used for exit and
may only be closed in case of emergency as stipulated in Article
6/7.
(b) This arrangement may only be terminated by the agreement of
both Parties.
11. Municipal Coordination
(a) The two Jerusalem municipalities shall form a Jerusalem
Co-ordination and Development Committee ("JCDC") to oversee the
cooperation and coordination between the Palestinian Jerusalem
municipality and the Israeli Jerusalem municipality. The JCDC and
its sub-committees shall be composed of an equal number of
representatives from Palestine and Israel. Each side will appoint
members of the JCDC and its subcommittees in accordance with its own
modalities.
(b) The JCDC shall ensure that the coordination of infrastructure
and services best serves the residents of Jerusalem, and shall
promote the economic development of the city to the benefit of all.
The JCDC will act to encourage cross-community dialogue and
reconciliation.
(c) The JCDC shall have the following subcommittees:
i. A Planning and Zoning Committee: to ensure agreed planning and
zoning regulations in areas designated in Annex X.
ii. A Hydro Infrastructure Committee: to handle matters relating to
drinking water delivery, drainage, and wastewater collection and
treatment.
iii. A Transport Committee: to coordinate relevant connectedness and
compatibility of the two road systems and other issues pertaining to
transport.
iv. An Environmental Committee: to deal with environmental issues
affecting the quality of life in the city, including solid waste
management.
v. An Economic and Development Committee: to formulate plans for
economic development in areas of joint interest, including in the
areas of transportation, seam line commercial cooperation, and
tourism.
vi. A Police and Emergency Services Committee: to coordinate
measures for the maintenance of public order and crime prevention
and the provision of emergency services;
vii. An Old City Committee: to plan and closely coordinate the joint
provision of the relevant municipal services, and other functions
stipulated in Article 6/7.
viii. Other Committees as agreed in the JCDC.
12. Israeli Residency of Palestinian Jerusalemites
Palestinian Jerusalemites who currently are permanent residents of
Israel shall lose this status upon the transfer of authority to
Palestine of those areas in which they reside.
13. Transfer of authority
The Parties will apply in certain socio-economic spheres interim
measures to ensure the agreed, expeditious, and orderly transfer of
powers and obligations from Israel to Palestine. This shall be done
in a manner that preserves the accumulated socio-economic rights of
the residents of East Jerusalem
