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    Furious Palestinians leak one-sided US envoy draft Brian Whitaker Thursday April 4, 2002 The Guardian Israel would be allowed to
    Message 1 of 1 , Apr 6, 2002
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      Furious Palestinians leak 'one-sided' US envoy draft

      Brian Whitaker
      Thursday April 4, 2002
      The Guardian <http://www.guardian.co.uk>

      Israel would be allowed to continue attacks on Palestinian presidential
      buildings, security headquarters and prisons as part of a Middle East
      "ceasefire" plan proposed by US envoy General Anthony Zinni, it emerged
      yesterday.
      Furious Palestinian negotiators have released a copy of the document,
      presented by Gen Zinni on March 26, the day before Palestinian leader
      Yasser Arafat had been due to attend the Arab summit in Beirut.
      Israel treated the document as an ultimatum, demanding Mr Arafat sign it
      as
      a condition of being allowed to attend the summit, but he refused.
      Gen Zinni submitted a first draft of his plan on March 25 for both sides
      to
      comment, and came back 24 hours later with a new draft - called a
      "bridging
      proposal" at the time - which was much more favourable towards the
      Israelis.
      One main Palestinian objection is that the plan tries to satisfy
      Israel's
      immediate security demands without pledging any political follow-up
      leading
      to peace talks.
      Both drafts ignore what the Mitchell report - commissioned by President
      Bill Clinton and published last May - recognised as a key problem: "That

      security cooperation cannot long be sustained if meaningful negotiations

      are unreasonably deferred."
      Mitchell's proposed solution was to follow a ceasefire with
      confidence-building measures - including a freeze on Jewish settlement
      activity in the occupied territories - and a resumption of peace talks.
      Since the report, one of the main goals of the Israeli prime minister,
      Ariel Sharon, has been to avoid being manoeuvred into the
      confidence-building stage because of the political difficulties a freeze
      on
      settlements would cause him.
      Gen Zinni's stated aim in talks last week was to find a mechanism to
      implement an earlier ceasefire plan put forward by CIA director George
      Tenet and accepted by both sides last June. But Palestinian negotiators
      accuse him of backtracking on the Tenet plan and rewriting parts of it.
      Gen Zinni dropped the Tenet requirement that Israel should not attack
      "innocent civilian targets". In Gen Zinni's first draft, Israel would
      "commit" to cease "proactive" operations in areas under Palestinian
      Authority control, "including attacks on PA security forces or
      institutions".
      His revised version would permit Israeli attacks on PA buildings,
      including
      prisons, "in self-defence to an imminent terrorist attack".
      In a commentary sent to the Guardian, the Palestinian negotiators say:
      "It
      is impossible to imagine a scenario in which bombing a prison or the
      president's compound would be 'self-defence' ... this, in effect,
      justifies
      all the so-called 'retaliatory' attacks the Israelis have conducted so
      far."
      The negotiators, who included two Palestinian security chiefs, Mohammed
      Dahlan and Jibril Rajoub, also said that: "The proposal uses
      unconditional
      language requiring the PA 'to cease' [violent] activities, whereas the
      Israelis ... are only asked to 'commit to cease'."

      ********************************
      ********************************
      ZINNI PAPER
      Second U.S. "Joint Goals" Proposal
      Presented 26 March 2002
      1. Phase 1 - Immediate - 48 hours
      GOI (Government Of Israel) and PA (Palestinian Authority) leaders make
      public declarations of cease-fire to their respective populations.
      GOI commits to cease "proactive" operations in areas under the control
      of
      the PA, including attacks on PA Ra'is Facilities; and headquarters of
      Palestinian Security, Intelligence, and Police Organizations; or prisons
      in
      the West Bank and Gaza Strip unless responding in self-defense to an
      imminent terrorist attack.
      PA issues clear orders to field commanders to take action to prevent
      terrorism or violent attacks, arrest persons involved in ongoing
      terrorist
      activities, ceases PA security forces involvement in inciting aiding,
      abetting attacks against all Israeli targets. PA and GOI issue clear
      orders
      to their field commanders and take other measures necessary to prevent
      individuals and groups from using areas under their respective control
      to
      carry out acts of violence.
      GOI, acting on information made known to the Trilateral Security
      Committee,
      takes action against Israeli citizens inciting, carrying out, or
      planning
      to carry out violence against Palestinians, with progress reports to the

      Security Committee.
      GOI and PA resume security cooperation through reinvigoration of DCOs
      based
      on the standards existing before September 28, 20000. GOI and PA share
      information on terrorists' threats directly and through the Trilateral
      Security Committee followed by immediate actions and reporting of
      results
      to the Security Committee.
      IDF adopts measures to reduce lethality of rules of engagement.
      GOI and PA allow secure movement of security personnel within Gaza and
      WB,
      in accordance with existing agreements.
      PA makes public commitment to prevent smuggling, production, acquisition
      of
      illegal weapons, prepares plan for collecting weapons, preventing
      smuggling, and closing factories and arresting those involved.
      IDF carries out demonstrable redeployment (locations to be notified to
      the
      Trilateral Security Committee).
      GOI takes demonstrable action to lift closures (locations to be notified
      to
      the Trilateral Security Committee).
      PA assumes security responsibility where it has jurisdiction at
      locations
      where GOI eases security restrictions. GOI takes measures to facilitate

      the transfer of these responsibilities.
      2. 48 Hours - End of Phase 1 - Trilateral Security Committee
      Meeting to
      Assess Progress (Phase 2: 48 Hours - 1 Week).
      PA acts decisively to prevent attacks, enforce cease-fire, including
      arrest
      of activists in breach of cease-fire, action against those who incite,
      aid
      and abet such activities.
      GOI and PA act to prevent incitement to violence among their respective
      populations.
      GOI and PA allow secure movement of security personnel within and
      between
      Gaza and WB, in accordance with existing agreements.
      GOI completes withdrawal from Area A, continues removal of internal
      closures and redeployment according to agreed schedule, including
      removal
      of permanent roadblocks in Gaza, supervised entry of vehicles at Mawasi
      area, removal of IDF positions from Palestinian houses, continues
      removal
      of other checkpoints and earth barriers, further redeployment of armored

      vehicles.
      PA continues to assume security responsibility at locations where GOI
      eases
      security restrictions. GOI continues to take measures to facilitate the

      transfer of these responsibilities.
      Trilateral committee identifies "flashpoints," each side designates
      senior
      security personnel responsible for them, develops JSOP for each.
      PA presents comprehensive plan for collection of illegal weapons as
      defined
      in existing agreements including the Israel-Palestinian Interim
      Agreement,
      Annex I, articles IV and XI. PA begins actions in concert with GOI to
      prevent smuggling of illegal weapons. PA takes demonstrable action
      against
      weapons and mortar factories, based on PA information and information
      developed in conjunction with the GOI. Each side informs the security
      committee of the status and success of these efforts.
      GOI takes specified actions to ease economic restrictions and movement
      of
      Palestinian civilians, as detailed in Israeli proposal, p. 6.
      GOI identifies Palestinian prisoners, including PA security personnel,
      arrested in security sweeps and not involved in terrorist activities.
      Begins releasing prisoners in this category.
      Trilateral Security Committee using information provided by the parties,

      identifies activists involved in planning or carrying out terrorist
      activities. PA takes demonstrable actions to arrest individuals on this

      list.
      GOI re-institutes military police investigations into Palestinian deaths

      resulting from IDF actions in the West Bank and the Gaza Strip in
      incidents
      not involving terrorism.
      3. 1 Week - End of Phase 2 - Trilateral Security Meeting to Assess
      Progress
      - Phase 3 - 1 week - 4 weeks (plus or minus) (Further Trilateral
      Security
      Meetings will be held to assess interim progress during the course of
      phase
      3)
      Pursuant to agreed schedule, GOI completes redeployment and lifting of
      all
      internal closures to 28 September 2000 positions including reopening of
      internal roads, the Allenby bridge, Gaza Airport, Port of Gaza, and
      border
      crossings.
      GOI further eases specified civilian restrictions, as detailed in
      Israeli
      proposal, p.7.
      PA arrests terrorist activists from names made known to the trilateral
      security committee and provides the committee the names of those
      arrested,
      as soon as they are apprehended, as well as summary of actions taken.
      PA takes credible and sustained judicial action ("due process") against
      arrested individuals for the purpose of further investigation and
      prosecution and punishment of all persons involved in acts of violence
      and
      terror.
      PA continues to undertake preemptive operations against terrorism,
      continues implementation of illegal weapons collection plan, and
      transfer
      of collected weapons to a third party, continues actions to prevent
      smuggling. Measures include taking demonstrable action against weapons
      factories, laboratories, safe-houses, and arms depots at locations
      identified by the trilateral security committee, arrests and prosecutes
      individuals connected with these locations and other actions against the

      support structure of terrorism, including the financing of terrorist
      activities and mechanisms for inciting terror.
      4. 4 Weeks (plus or minus) - End of Phase 3 - Trilateral Security
      Committee
      Meets to Assess Progress and decide on Transition to Next Steps.
      ENDS
      *************************************
      *************************************

      Palestinian Comments on the Second US "Joint Goals"
      March 26, 2002


      I. Summary of Second US Proposal

      The second US Proposal has not addressed any of the substantive issues
      raised by the Palestinian side, except for military investigations as
      required by Tenet. The second US proposal has been changed to
      positively
      reflect Israeli interests.

      The six primary Palestinian concerns were ignored in the Second US
      Proposal:

      1. The link to Mitchell.

      The only addition to the US' first proposal which could be relevant to
      linking Tenet with Mitchell is the very last sentence of the plan which
      calls on the "Trilateral Security Committee [to] meet and assess
      progress
      and decide on transition to next steps." This language gives the
      Trilateral Security Committee the authority to decide when and if the
      Mitchell Report will be implemented.

      2. The need for a schedule for redeployment and lifting of the
      closure.

      The Second Proposal references an "agreed schedule" in Phases 2 and 3,
      but,
      in contradiction with Tenet, never explains when the schedules are to be

      developed. This is in contrast to specific calls for Palestinian plans
      to
      be submitted in Phase 1, also in contradiction with Tenet.

      3. The need to remove conditionality in moving from one phase to
      another.

      The Second Proposal has not changed any language in this regard, despite

      statements by Americans at the Tuesday meeting.

      4. The total time for implementation is still not specified.

      The Second Proposal still calls for a 4-weeks (plus or minus) timetable.

      5. The necessity for a monitoring and verification mission.

      Despite statements made by General Zinni at Tuesday's meeting that the
      United States has a monitoring plan and expects monitors and verifiers
      to
      be deployed "immediately" in order to watch over implementation of this
      plan, there is still no mention of monitors and verifiers in the Second
      Proposal.

      6. Mutual obligations, such as weapons collection, are still
      unilateral
      Palestinian obligations.

      In contradiction to the Tenet Plan, the Second Proposal still requires
      the
      PA to submit "comprehensive" plans to the Trilateral Security Committee
      on
      the collection of illegal weapons. Furthermore, it continues to ignore
      that fact that according to Tenet, the location and confiscation of
      illegal
      weapons is a mutual obligation.

      7. Terrorist lists.

      The PA is still being asked to arrest terrorists based on lists to be
      "made
      known" or "provided" to the Trilateral Security Committee. The change
      in
      language from the first proposal actually brings the plan closer to the
      Israeli requests.





      [In the following, "Prop 1" refers to the original US proposal presented
      on
      March 25, 2002. "Prop 2" refers to the second US proposal presented on
      March 26, 2002. The boxed comments reflect Palestinian analysis.]

      II. Specific Comments

      1. Phase 1 - Immediate - 48 hours

      Prop 1: GOI and PA issue public declarations of cease-fire.

      Prop 2: GOI and PA leaders make public declarations of cease-fire to
      their
      respective populations.

      No Comment

      Prop 1: GOI commits to cease "proactive" operations in areas under the
      control of the PA, including attacks on PA security forces or
      institutions.

      Prop 2: GOI commits to cease "proactive" operations in areas under the
      control of the PA, including attacks on PA Ra'is Facilities; and
      headquarters of Palestinian Security, Intelligence, and Police
      Organizations; or prisons in the West Bank and Gaza Strip unless
      responding
      in self-defense to an imminent terrorist attack.

      The Tenet Workplan specifically calls on Israel to "not conduct
      'proactive'
      security operations in areas under the control of the PA or attacks
      against
      innocent civilian targets. The Proposal drops the restriction on
      attacks
      against civilians.

      According to the current language, Israel can attack these facilities in

      pro-active self-defense, although it is impossible to imagine a scenario
      in
      which bombing a prison or the President's compound would be
      "self-defense."
      This is an absolute violation of the Tenet Workplan. Moreover,
      according
      to the Tenet Workplan, attacks of any kind are prohibited. This, in
      effect, justifies all the so-called "retaliatory" attacks the Israelis
      have
      conducted so far.

      Prop 1: PA issues clear orders to field commanders to take action to
      prevent terrorism or violent attacks, ceases PA security forces
      involvement
      in inciting aiding, abetting attacks against all Israeli targets.

      Prop 2: PA issues clear orders to field commanders to take action to
      prevent terrorism or violent attacks, arrest persons involved in ongoing

      terrorist activities, ceases PA security forces involvement in inciting
      aiding, abetting attacks against all Israeli targets. PA and GOI issue
      clear orders to their field commanders and take other measures necessary
      to
      prevent individuals and groups from using areas under their respective
      control to carry out acts of violence.


      The Proposal merges two Tenet elements into one. The first Tenet
      element
      requires the PA to "stop any Palestinian security officials from
      inciting,
      aiding, abetting, or conducting attacks against Israeli targets?"whereas

      the second requires both the PA and Israel to "move aggressively to
      prevent
      individuals and groups from using areas under their respective control
      to
      carry out acts of violence."
      The Proposal uses unconditional language requiring the PA "to cease"
      activities, whereas the Israelis in the previous requirement are only
      asked
      to "commit to cease." In other words, the PA is placed under a higher
      and
      more immediate burden than is Israel.
      The Proposal never specifically defines "terrorism," although the term
      is
      defined in the Mitchell Report from which most of the Tenet elements are

      drawn. In light of Israel's very expansive use of the term to include
      even
      children with slingshots, it is prudent that it be stated that
      "terrorism"
      and other terms from the Mitchell Report will be defined through
      Mitchell.


      Prop. 1: GOI takes action against Israeli citizens inciting, carrying
      out,
      or planning to carry out violence against Palestinians.

      Prop. 2: GOI, acting on information made known to the Trilateral
      Security
      Committee, takes action against Israeli citizens inciting, carrying out,
      or
      planning to carry out violence against Palestinians, with progress
      reports
      to the Security Committee.

      This requires Israel to only act when the Palestinian provide
      information
      to the Committee. If Palestinians do not provide such information,
      Israel
      is under no obligation to stop violence against Palestinians.


      Prop. 1: GOI and PA resume security cooperation through reinvigoration
      of
      DCOs, sharing of threat information directly and through trilateral
      security committee.

      Prop. 2: GOI and PA resume security cooperation through reinvigoration
      of
      DCOs based on the standards existing before September 28, 20000. GOI and
      PA
      share information on terrorists' threats directly and through the
      Trilateral Security Committee followed by immediate actions and
      reporting
      of results to the Security Committee.

      This is a merging of two Tenet elements. The first relates to the
      reinvigoration of DCOs and the second relates to the sharing of threat
      information.
      The Tenet Workplan further requires the removal "of barriers to
      effective
      cooperation?" which is not mentioned in the Proposal.
      The second sentence was added based on Palestinian recommendation.
      However
      the third recommended Palestinian sentence was excluded which required
      "legitimate threat information to be acted upon immediately by the party
      in
      whose security jurisdiction the terrorists are located."


      Prop 1: IDF adopts measures to reduce lethality of rules of engagement.

      Prop 2: No change.

      No comment.


      Prop 1: GOI and PA allow free movement of security personnel within
      Gaza
      and WB.

      Prop 2: GOI and PA allow secure movement of security personnel within
      Gaza
      and WB, in accordance with existing agreements.


      Prop 1: PA makes public commitment to prevent smuggling, production,
      acquisition of illegal weapons, prepares plan for collecting weapons,
      preventing smuggling, and closing factories and arresting those
      involved.

      Prop 2: No change

      The Proposal requires the PA to make a "public commitment" and to
      prepare a
      "plan" for collecting weapons, preventing smuggling, etc. These two
      requirements are not found anywhere in the Tenet Workplan. However, the
      PA
      is willing to publicly reaffirm its commitments in previously assigned
      agreements regarding the collection of illegal weapons.
      The Tenet Workplan makes it clear that the above measures are a mutual
      requirement rather than a unilateral Palestinian requirement. The
      Proposal
      turns it into a unilateral Palestinian requirement. There is a separate
      Tenet clause which requires the PA to "undertake preemptive operations
      against terrorists, terrorist safe houses, arms depots, and mortar
      factories."


      Prop 1: IDF redeploys from agreed locations (phase 1 schedule to be
      agreed
      determined by the Trilateral Security Committee).

      Prop 2: IDF carries out demonstrable redeployment (locations to be
      notified to the Trilateral Security Committee).

      The Tenet Workplan requires two steps from the Israelis in regards to
      redeployment. The first is that a schedule be agreed upon for a
      "complete
      redeployment of IDF forces to positions held before 28 September 2000
      within the first week. The second is that "[d]emonstrable on-the-ground

      redeployment" be initiated within the first 48 hours of the one-week
      period
      and should continue while the schedule is being written.
      The Proposal requires a separate schedule for the first 48 hours. If
      Israel acts in bad faith, it can spend the first week arguing about the
      first 48 hour withdrawal schedule instead of concentrating on a complete

      withdrawal schedule.
      The Proposal also fails to mention anywhere in Phase One that this
      schedule
      for complete withdrawal is to be started immediately and to be completed

      within the first week as required by the Tenet Workplan.
      The Palestinians have already prepared and submitted a schedule for
      redeployment as required by the Tenet Workplan.


      Prop 1: GOI lifts closures at agreed points (phase 1).

      Prop 2: GOI takes demonstrable action to lift closures (locations to be

      notified to the Trilateral Security Committee).


      The Tenet Workplan requires two steps from the Israelis in regards to
      the
      ending of the siege. The first is that a schedule be agreed upon for
      "the
      lifting of internal closures as well as for the reopening of internal
      roads, the Allenby Bridge, Gaza Airport, Port of Gaza, and border
      crossings" within the first week. The second is that "[d]emonstrable
      on-the-ground actions on the lifting of the closures will be initiated
      within the first 48 hours of this one-week period and will continue
      while
      the timeline is being developed."
      The Proposal requires a separate schedule for the first 48 hours. If
      Israel acts in bad faith, it can spend the first week arguing about the
      first 48 hour schedule instead of concentrating on a complete schedule
      for
      the lifting of closure.
      The Proposal also fails to mention anywhere in Phase One that this
      schedule
      for complete lifting of closure is to be started immediately and to be
      completed within the first week as required b the Tenet Workplan.
      The Palestinians have already prepared and submitted a schedule for
      complete lifting of the closure as required by the Tenet Workplan.


      Prop 1: PA assumes security responsibility at locations where GOI eases

      security restrictions.

      Prop 2: PA assumes security responsibility where it has jurisdiction at

      locations where GOI eases security restrictions. GOI takes measures to
      facilitate the transfer of these responsibilities.

      This measure is not included in the Tenet Workplan.
      As part of existing agreements, the PA will assume security
      responsibility
      where it has jurisdiction, but the PA needs guarantees that Palestinian
      security personnel will not be targeted, harmed, humiliated, or
      otherwise
      threatened by Israeli forces including Israeli settlers.
      The Proposal also states that the Palestinians will assume
      responsibility
      in areas where Israel "eases" security restrictions - not "ends" them.
      This suggests that Palestinian security personnel would have to operate
      in
      areas in which Israeli forces remain.
      The addition of the last sentence is assumed to be an attempt to address

      Palestinian concerns that Israel not attack Palestinians redeployed into

      these sites. However, the language is so vague as not provide any real
      protection.

      Palestinian requests to include revenue transfer have been ignored.

      Prop 1: 48 Hours - End of Phase 1 - Trilateral Security Committee
      Meeting
      to Assess Progress (Phase 2: 48 Hours - 1 Week)

      Prop 2: No change

      It is unclear how the assessment progress would work. The PA has
      requested
      that monitors and verifiers be involved in the implementation of the
      Tenet
      Workplan.

      Prop 1: PA acts decisively to prevent attacks, enforce cease-fire,
      including arrest of activists in breach of cease-fire, action against
      those
      who incite, aid and abet such activities.

      Prop 2: No change.

      These Tenet obligations, combined from a variety of elements, are all
      mutual obligations. Yet, in the Proposal, they are listed as unilateral

      Palestinian obligations. Accordingly, the Proposal should state that
      the
      "GOI and PA respectively act" decisively?

      Prop 1: GOI and PA act to prevent incitement to violence among their
      respective populations.

      Prop 2: No change.

      The Tenet Workplan does not call on the PA to prevent incitement, except
      in
      the case of security officers which is already covered in a previous
      Proposal element. The PA however is willing to cary out such a
      commitment.
      The Tenet Workplan, on the other hand, does call on Israel to take
      action
      to halt incitement by Israeli citizens.


      Prop 1: GOI and PA allow free movement of security personnel within and

      between Gaza and WB.

      Prop 2: GOI and PA allow secure movement of security personnel within
      and
      between Gaza and WB, in accordance with existing agreements.

      Prop 1: GOI completes withdrawal from Area A, continues removal of
      internal closures and redeployment according to agreed schedule,
      including
      removal of permanent roadblocks in Gaza, entry of vehicles at Mawasi
      area,
      removal of IDF positions from Palestinian houses, continue removal of
      other
      checkpoints and earth barriers, redeployment of armored vehicles.

      Prop 2: GOI completes withdrawal from Area A, continues removal of
      internal closures and redeployment according to agreed schedule,
      including
      removal of permanent roadblocks in Gaza, supervised entry of vehicles at

      Mawasi area, removal of IDF positions from Palestinian houses, continues

      removal of other checkpoints and earth barriers, further redeployment of

      armored vehicles.

      The Palestinian side understood from earlier conversations with the
      American side that Israeli withdrawal from Area A would precede
      implementation of a cease-fire and of the Tenet Workplan. It should be
      made
      clear that the withdrawal includes those areas equivalent to Areas A in
      the
      Gaza Strip to the pre-September 28, 2000 positions.
      It should be made clear that the measures noted here are simply a
      continuation of the "demonstrable on-the-ground" withdrawal and lifting
      of
      closure specifically mentioned in Tenet. They should not be
      misinterpreted
      as a substitute for an agreed schedule for complete withdrawal and a
      complete lifting of the closure to the situation on the ground existing
      before 28 September 2000.
      It should be explicitly stated that the schedule for complete withdrawal

      and complete lifting of the closure to the situation on the ground
      existing
      before 28 September 2000 should be completed by the end of Phase 2.
      The new additions are designed to further Israeli concerns. Instead of
      lifting all barriers to entry of vehicles to Mawasi, this language
      confirms
      that entry will be "supervised", i.e. through a checkpoint.
      Also, the addition of the word "further" is designed to imply that the
      redeployment of armored vehicles will not be completed in this phase.


      Prop 1: Nothing

      Prop 2: PA continues to assume security responsibility at locations
      where
      GOI eases security restrictions. GOI continues to take measures to
      facilitate the transfer of these responsibilities.

      The addition of this sentence is assumed to be an attempt to address
      Palestinian concerns that Israel not attack Palestinians redeployed into

      these sites. However, the language is so vague as not provide any real
      protection.


      Prop 1: Trilateral committee identifies "flashpoints," designates
      senior
      security personnel responsible for flashpoints, develops JSOP for each.

      Prop 2: Trilateral committee identifies "flashpoints," each side design

      ates senior security personnel responsible for them, develops JSOP for
      each.

      Prop 1: PA presents comprehensive plan for collection of illegal
      weapons.
      Begins actions in concert with GOI to prevent smuggling of illegal
      weapons. Takes demonstrable action against weapons and mortar
      factories,
      based on PA information and information developed in conjunction with
      the
      GOI.

      Prop 2: PA presents comprehensive plan for collection of illegal
      weapons
      as defined in existing agreements including the Israel-Palestinian
      Interim
      Agreement, Annex I, articles IV and XI. PA begins actions in concert
      with
      GOI to prevent smuggling of illegal weapons. PA takes demonstrable
      action
      against weapons and mortar factories, based on PA information and
      information developed in conjunction with the GOI. Each side informs the

      security committee of the status and success of these efforts.

      The Tenet Workplan does not require the PA to present a plan for the
      collection of illegal weapons nor for the actions taken against weapons
      and
      mortar factories to be based on information developed in conjunction
      with
      Israel as required in the Proposal.
      Moreover, the Tenet Workplan makes the collection of illegal weapons and

      the prevention of smuggling a mutual obligation for Palestinians and
      Israelis. The Proposal uses language suggesting that this is a
      Palestinian
      obligation while the only Israeli obligation is to assist in the
      prevention
      of smuggling of weapons.
      The Tenet Workplan does not call on the PA to take "demonstrable action
      against weapons and mortar factories" which is required in the Proposal.

      However such actions will be part of Palestinian implementation
      efforts.
      The addition of the last sentence is taken from a Palestinian
      recommendation based on the Tenet Workplan.


      Prop 1: GOI takes specified actions to ease economic restrictions and
      movement of Palestinian civilians.

      Prop 2: GOI takes specified actions to ease economic restrictions and
      movement of Palestinian civilians, as detailed in Israeli proposal, p.
      6.

      The Tenet Workplan requires a specific schedule to be completed within
      one
      week and demonstrable steps within the first 48 hours and on-going
      throughout the first week to completely lift the closure. The Proposal
      requires significantly less here.
      The fragmentation of civil and economic measures creates contradictions
      within the Proposal. The economic and civil measures in Tenet are
      firmly
      tied to the complete withdrawal and complete lifting of closure. Such
      measures should not be used to justify non-implementation of withdrawal
      and
      ending of closure.
      It would be preferable if most of the changes introduced above from the
      Israeli proposal should instead be replaced by a schedule for complete
      lifting of the closure.


      Prop 1: GOI identifies Palestinian prisoners, including PA security
      personnel, arrested in security sweeps and not involved in terrorist
      activities. Begins releasing prisoners in this category. PA brings
      individual cases in dispute to the security committee.

      Prop 2: GOI identifies Palestinian prisoners, including PA security
      personnel, arrested in security sweeps and not involved in terrorist
      activities. Begins releasing prisoners in this category.

      The Proposal fails to specify that the prisoner release should be
      completed
      within Phase 2. As it reads, the Israelis only need to "begin"
      releasing
      prisoners but can finish the process whenever they choose.
      Please note that the Palestinians proposed that Israel submit the names
      of
      and evidence against those accused of being involved in terrorist
      activities to the committee.
      The change introduced serves Israeli interests by removing any checks on

      Israel's decisions regarding who is a "terrorist."


      Prop 1: Trilateral Security Committee using information jointly
      developed
      by the parties, identifies activists involved in planning or carrying
      out
      terrorist activities. PA takes demonstrable actions to arrest
      individuals
      on this list.

      Prop 2: Trilateral Security Committee using information provided by the

      parties, identifies activists involved in planning or carrying out
      terrorist activities. PA takes demonstrable actions to arrest
      individuals
      on this list.

      There is no requirement in the Tenet Workplan to use lists "provided by
      the
      parties" of Palestinians to be arrested.
      The Tenet Workplan requires the PA to "move immediately to apprehend,
      question, and incarcerate terrorists in the West Bank and Gaza and will
      provide the security committee the names of those arrested, as soon as
      they
      are apprehended, as well as readout of actions."
      The change in language means that parties will provide information to
      the
      Committee, but no mention is made of how the Committee will come to
      agreement on changing the information to a list.

      Prop 1: Nothing

      Prop 2: GOI re-institutes military police investigations into
      Palestinian
      deaths resulting from IDF actions in the West Bank and the Gaza Strip in

      incidents not involving terrorism.

      This is the only substantive addition made based on a Palestinian
      recommendation which in turn was drawn directly from Tenet.




      Prop 1: 1 Week - End of Phase 2 - Trilateral Security Meeting to Assess

      Progress - Phase 3 - 1 week - 4 weeks (plus or minus) (Further
      Trilateral
      Security Meetings will be held to assess interim progress during the
      course
      of phase 3)

      Prop 2: No change

      Again, it is unclear what role the assessment meetings will have on
      continuing implementation. The PA has requested monitors and verifiers
      to
      be involved in the implementation of the Tenet Workplan. The inclusion
      of
      the qualifiers "plus or minus" means that the four week total time
      period
      can be extended. This implies conditionality, as does the Trilateral
      Security Meetings assessment of interim progress.

      Prop 1: GOI completes redeployment and lifting of all internal closures
      to
      28 September 2000 positions including reopening of internal roads, the
      Allenby bridge, Gaza Airport, Port of Gaza, and border crossings.

      Prop 2: Pursuant to agreed schedule, GOI completes redeployment and
      lifting of all internal closures to 28 September 2000 positions
      including
      reopening of internal roads, the Allenby bridge, Gaza Airport, Port of
      Gaza, and border crossings.

      It is important to remember that the Tenet preamble states that the
      steps
      in the Tenet Workplan are designed to "re-establish security cooperation

      and the situation on the ground as they existed prior to 28 September."
      This includes the revocation of all demographic, geographic,
      administrative, and other changes resulting from Israeli actions.
      It should be specified that this element is pursuant to the pre-agreed
      schedule to have been completed within the first week so that Israel
      does
      not delay implementation to the last day - which is also not specified
      in
      the Proposal.
      The change seems to imply that there will be an agreed schedule for
      redeployment and lifting of closure although there is no mention of this
      or
      the timeline for its adoption in the proposal.


      Prop 1: GOI further eases specified civilian restrictions.

      Prop 2: GOI further eases specified civilian restrictions, as detailed
      in
      Israeli proposal, p.7.

      The Tenet Workplan requires a specific schedule to be completed within
      one
      week and demonstrable steps within the first 48 hours and on-going
      throughout the first week to completely lift the closure, which is still

      absent from this proposa. The closure is to be completely lifted by the

      end of the implementation period. Therefore, there should be no
      civilian
      restrictions in place.
      The fragmentation of civil and economic measures creates contradictions
      within the Proposal. The economic and civil measures in Tenet are
      firmly
      tied to the complete withdrawal and complete lifting of closure. Such
      measures should not be used to justify non-implementation of withdrawal
      and
      ending of closure.

      Prop 1: PA arrests terrorist activists from names developed by the
      trilateral security committee.

      Prop 2: PA arrests terrorist activists from names made known to the
      trilateral security committee and provides the committee the names of
      those
      arrested, as soon as they are apprehended, as well as summary of actions

      taken.

      There is no requirement in Tenet for the PA to follow "lists" submitted
      by
      the trilateral security committee.
      The only Tenet requirement is to submit the names of those arrested "as
      well as readout of actions taken."
      The changing of the word "developed" to "made known" makes the process
      by
      which the lists are developed more ambiguous. In the original the
      Palestinians, Israelis, and Americans draw up the list. In the second,
      it
      is unclear how the lists are made. Palestinian involvement is no longer

      even assured.

      Prop 1: PA takes credible and sustained judicial action ("due process")

      against arrested individuals.

      Prop 2: PA takes credible and sustained judicial action ("due process")

      against arrested individuals for the purpose of further investigation
      and
      prosecution and punishment of all persons involved in acts of violence
      and
      terror.

      This measure is not in the Tenet Workplan. The only requirement in
      Tenet
      in this regard is to "apprehend, question, and incarcerate?"

      Prop 1: PA continues to undertake preemptive operations against
      terrorism,
      continues implementation of illegal weapons collection plan, continues
      actions to prevent smuggling. Measures include taking demonstrable
      action
      against weapons factories, laboratories, safe-house, and arms depots at
      locations identified by the trilateral security committee, arrests and
      prosecutes individuals connected with these locations.

      Prop 2: PA continues to undertake preemptive operations against
      terrorism,
      continues implementation of illegal weapons collection plan, and
      transfer
      of collected weapons to a third party, continues actions to prevent
      smuggling. Measures include taking demonstrable action against weapons
      factories, laboratories, safe-houses, and arms depots at locations
      identified by the trilateral security committee, arrests and prosecutes
      individuals connected with these locations and other actions against the

      support structure of terrorism, including the financing of terrorist
      activities and mechanisms for inciting terror.

      This measure restates a number of the obligations the Proposal listed
      above
      as on-going actions. See above for comments on the specific
      obligations.
      It is important to note that the Proposal fails to note Israel's
      on-going
      responsibilities, such as continuing cooperation on collection of
      illegal
      weapons and taking action against Israeli citizens who incite or
      otherwise
      contribute to violence against Palestinians.

      2.

      Prop 1: 4 Weeks (plus or minus) - End of Phase 3 - Trilateral Security
      Committee Meets to Assess Progress

      Prop 2: 4 Weeks (plus or minus) - End of Phase 3 - Trilateral Security
      Committee Meets to Assess Progress and decide on Transition to Next
      Steps.

      The inclusion of the qualifiers "plus or minus" means that the four week

      total time period can be extended. This implies conditionality, as does

      the Trilateral Security Meetings assessment of interim progress.
      The last added clause can be understood to give the Trilateral Security
      Committee the authority to decide when and if the Mitchell Report will
      be
      implemented contradictory to the Palestinian need for the implementation
      of
      the Mitchell Report to start at an agreed fixed date.






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