Wednesday, March 10, 2010

IMRA: PA Boycott Of Settlements Violate The Gaza-Jericho Agreement

The Palestinian Authority has been busy:
Just one problem: they signed an agreement that they wouldn't do that.

If the PA has questions about Israel's fulfillment of its own obligations, the Palestinian Arabs have every right to complain. It works both ways--the failure of either party to uphold its obligations needs to be brought up and not be swept under the rug.

That being said, will Biden bring this point up during his current visit?


Here is a post by Dr. Aaron Lerner of IMRA about the agreement.
Hat tip: Arlene Kushner

Background - PA boycott of settlements violate the Gaza-Jericho Agreement
Dr. Aaron Lerner - IMRA 8 March 2010

A review of ANNEX IV Protocol on Economic Relations between the Government
of the State of Israel and the P.L.O., representing the Palestinian people
Paris, April 29, 1994 of the Gaza Jericho Agreement finds that the boycott
of goods produced in the "settlements" and a ban on the supply of
Palestinian workers to the settlements constitutes a gross violation of the
agreement by the PA.
#1. " The agricultural produce of both sides will have free and unrestricted
access to each others' markets"

#2. "There will be free movement of industrial goods free of any
restrictions"

#3. As for labor, the agreement enables the PA to independently limit the
flow of Israeli workers into the area under the control of the PA but not
the flow of Palestinian workers out while calling for the sides to "attempt
to maintain the normality of movement of labor". The PA could, however,
require that all Palestinians working in the settlements be employed through
a Palestinian employment service. Palestinian employment legislation that
would formally prevent employment in the settlements would be clearly at
odds with the commitment "to maintain the normality of movement of labor"
and thus could be blocked.
It should be noted from the wording of the agreement that is clearly applies
also to Israeli controlled areas beyond the Green Line. For example,
another part of the agreement deals with the obligation to maintain tourist
sites. Interpreting the Israeli "side" to be limited to within the Green
Line would mean that no one has responsibility for the tourism sites under
Israeli controlled territory beyond the Green Line

Excerpts of relevant parts of the Agreement follow:

GAZA-JERICHO AGREEMENT
ANNEX IV
Protocol on Economic Relations between the Government of the State of Israel
and the P.L.O., representing the Palestinian people
Paris, April 29, 1994
www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Gaza-Jericho+Agreement+Annex+IV+-+Economic+Protoco.htm

Article VII
LABOR

1. Both sides will attempt to maintain the normality of movement of labor
between them, subject to each side's right to determine from time to time
the extent and conditions of the labor movement into its area. If the normal
movement is suspended temporarily by either side, it will give the other
side immediate notification, and the other side may request that the matter
be discussed in the Joint Economic Committee.
The placement and employment of workers from one side in the area of the
other side will be through the employment service of the other side and in
accordance with the other sides' legislation. The Palestinian side has the
right to regulate the employment of Palestinian labor in Israel through the
Palestinian employment service, and the Israeli Employment Service will
cooperate and coordinate in this regard.

Article VIII
AGRICULTURE

10. The agricultural produce of both sides will have free and unrestricted
access to each others' markets, with the temporary exception of sales from
one side to the other side of the following items only: poultry, eggs,
potatoes, cucumbers, tomatoes and melons. The temporary restrictions on
these items will be gradually removed on an increasing scale until they are
finally eliminated by 1998...

Article IX
INDUSTRY

1. There will be free movement of industrial goods free of any restrictions
including customs and import taxes between the two sides, subject to each
side's legislation.
...
3. Each side will do its best to avoid damage to the industry of the other
side and will take into consideration the concerns of the other side in its
industrial policy.
...
Done in Paris, this twenty ninth day of April, 1994
For the Government of Israel
Finance Minister Avraham Shohat
For the PLO
Abu Ala (Ahmed Korei)
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