Sunday, October 4, 2009

Prime Minister Salam Fayyad's Two-Year Path to Palestinian Statehood: Implications for the Palestinian Authority and Israel


Dan Diker and Pinchas Inbari
JCPA
02 October 09

  • In August 2009, Palestinian Prime Minister Salam Fayyad announced a unilateral plan to establish a de facto Palestinian state in the West Bank and eastern Jerusalem following a two-year state-building process. Fayyad's plan is the first serious Palestinian outline of a state-building effort since the PLO was founded in 1964 and replaces the traditional PLO position of armed struggle to "liberate Palestine."
  • The Fayyad plan represents a bold anti-Fatah posture and is seen to pose a direct challenge to Fatah and its leader, Mahmoud Abbas. Fayyad enjoys only limited political backing and his political rivals, such as Tawfiq Tirawi, Abu Maher Gneim, and Mahmud al-Alul, who were recently elected to the new Fatah Central Committee, have already blasted Fayyad's plans.
  • Israel supports "bottom up" Palestinian state-building. However, Israeli leaders have voiced legal and security-based concerns over Fayyad's intention that the PLO would unilaterally declare Palestinian statehood in 2011 based on the June 4, 1967, lines. The one-sided establishment of a Palestinian state would contravene a key provision of the Oslo Interim Agreement, according to which: "Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status agreement."
  • Another direct challenge to Israel is that Fayyad's "blueprint" calls for massive Palestinian development in Area "C" of the disputed West Bank, which is under Israeli civil and security control, and which directly challenges the delicate, agreed-upon framework of the 1993 Oslo accords.
  • Israel's requirement of "defensible borders" involves its continuing control in Area "C," including the strategically vital Jordan Valley and the high ground surrounding Jerusalem and overlooking Israel's vulnerable cities along the Mediterranean coast. Hizbullah's 4,000 rocket attacks from the north in 2006 and Hamas' 10,000 rocket and mortar attacks from Gaza, culminating in the 2009 Gaza war, both underscore the potential rocket threat against Israel's cities that could emerge from a Palestinian state in the West Bank if Israel were to withdraw to the pre-1967 lines.

Introduction

In August 2009, Palestinian Prime Minister Salam Fayyad announced a unilateral plan to establish a de facto Palestinian state in the West Bank and eastern Jerusalem following a twenty-four-month state-building process. Fayyad's 54-page plan to build Palestinian infrastructure and establish Western-style public institutions is the first of its kind since the signing of the 1993 Oslo accords.

Fayyad's state-building vision has already elicited Western enthusiasm and financial and political support from the Obama administration and European countries. However, Western optimism may have underestimated the ominous political tensions which the plan has exacerbated among the fractured Palestinian leadership. Fayyad, as an unelected prime minister of the Palestinian Authority, has provoked some in the Palestinian leadership by announcing his far-reaching program without first seeking approval from the PA Legislative Council or the PLO governing bodies, without whose support such an initiative cannot be implemented.1

Israel supports "bottom up" Palestinian state-building. However, Israeli leaders have voiced legal and security-based concerns over Fayyad's intention that the PLO governing bodies will unilaterally declare Palestinian statehood in 2011 based on the June 4, 1967, lines. Such a move would be unacceptable to Israel, as it would contravene the internationally recognized principles of a negotiated settlement and secure and recognized boundaries - defensible borders - that were firmly established in UN Security Council Resolution 242 following the 1967 Six-Day War. This resolution, passed in November 1967, has governed all Arab-Israeli peace negotiations since then, including the Oslo process, the Roadmap, and Annapolis.

Israel would welcome the opportunity to share its vast experience in state-building to help Fayyad achieve his "bottom up," state-building vision within a strong Israeli-Palestinian partnership. However, any unilateral Palestinian declaration of statehood would preclude Israel's vital security requirements, its internationally-sanctioned legal rights, and could end up derailing the peace process and lead to armed conflict between PA forces and Israel.

The Fayyad Plan

Fayyad's plan is the first serious Palestinian outline of a state-building effort since the PLO was founded in 1964 and replaces the traditional PLO position of advocating a "struggle of every means" including armed struggle to "liberate Palestine," that was reaffirmed at the Sixth Fatah Congress in Bethlehem in August 2009.2 Fayyad's stated intention is to dedicate the next 24 months until 2011 to building physical infrastructure, public institutions, public services, and tax incentives for foreign investors.3 These state-building assets would anchor a viable de facto state throughout the West Bank including areas that, in line with signed agreements between Israel and the PLO at Oslo, fall under Israeli control, such as the hills that overlook Jerusalem and Israel's coastal cities to the west, as well as the strategically important Jordan Valley to the east.

Fayyad's intention is to create facts on the ground that will garner major international support and lead to pressure to transform recognition of a de facto Palestinian state in 2011 into a de jure state in the event that the Palestinian Authority and Israel fail to reach a negotiated solution.4 Fayyad said: "If occupation has not ended by then (2011) and the nations of the world from China to Chile to Africa and to Australia are looking at us, they will say that the Palestinian people have a ready state on the ground. The only problem is the Israeli occupation [the Israeli communities and security presence] that should end."5

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