Article74 Magazine

The recent agreement signed between the PLO and the Israeli government in Washington on 28 September 1995, contains no surprises. The Taba (Oslo II) Agreement elaborates the procedures for the Israeli redeployment in the West Bank based on the principles and procedures already defined in the DOP (1993) and the Cairo Agreement (1994). The Taba Agreement - similar to the preceding agreements - conveys Israel’s ongoing control over all major security and civil affairs, including population registry, family reunification and entry and exit from the areas administered by the Palestinian Authority. 

Thus we will witness in 1996 the establishment of an administrative system in the West Bank (based on the Gaza-Jericho model) already infamous for its restrictions on movement, its bureaucratic awkwardness and its proness to all forms of favoritism and bribery. Following the example of their compatriots in Gaza, West Bank residents will also, from now on, have to submit their applications for family reunification and visit permits to the regional Liaison Committees, which then transfer them to the Israeli Liaison officers for approval. Rejected applications will be discussed in the Joint Liaison Committee by the Israeli officers (mainly the officers of the former Israeli civil administration in new disguise) and the Palestinian officers who usually lack prior relevant experience. The victims are the Palestinian people whose right to family unity and to freedom of movement becomes the subject of a lengthy bargaining procedure without means for legal redress. 
Human rights organizations and lawyers may face a new situation in which the Israeli authorities and courts refuse to accept appeals on behalf of their clients, based on the argument that according to the political agreements with the PLO, all petitions by Palestinian residents must be channeled through the Liaison Committees. Most of the approximately 1,200 Israeli military orders issued in the occupied West Bank and Gaza Strip have not been canceled and presently coexist parallel to the provisions of the political agreements. The problem of overlapping legislation remains unresolved and represents an additional obstacle to efficient human rights work. 

Family Reunification and Visitors Permits  

The Taba Agreement does not signal any changes in the old and obscure system of family reunification. As long as the insufficient Israeli quota for family reunification (2,000 cases of 6,000 persons annually) remains, Palestinian residents of the 1967 occupied territories will continue to suffer the consequences of forced separation from their spouses and close relatives. 
Israel maintains control over the issuing of visitors permits to the West Bank and the Gaza Strip, although Article 28/13 promises a less restrictive situation: Israel agreed to issue visitors permits throughout the whole year (and not only in the summer season), every relative or friend (not only first degree relatives) are now eligible to submit an application and visit permits allow the holder to enter East Jerusalem and Israel. 

Achievements of the Taba Agreement 

The new agreement does not introduce any changes in the framework of the negotiations on refugee questions; the situation of the Palestinian people living in the diaspora remains desolate. On the other hand, this agreement establishes, for the first time, a procedure for a Palestinian population registry and may thus contribute somewhat to securing the residency rights of those already living inside the 1967 occupied territories: 

- Article II (“The Right to Vote and the Electoral Register”) outlines the framework for the Palestinian election registration in the West Bank (including East Jerusalem) and the Gaza Strip to be conducted by the Palestinian Authority. The results of the registration must be handed to the Israeli side, which has the right to cancel the names of persons who, according to Israeli records, are not eligible for resident status. The final decision lies with a Joint Appeal Commission. 

- The Taba Agreement provides for the legalization of the status of all persons able to prove their presence in the West Bank/Gaza Strip for a consecutive period of 3-4 years (Article II/1/g/1,2). These persons have the right to register in the population registry and to vote and will be issued ID cards in the future. 

- It grants the Palestinian Authority the right to register newborn children who have at least one resident Palestinian parent without Israeli interference (Article 28/12). 

- It provides for the establishment of a Joint Committee to clarify the residency status of Palestinians whose ID cards were revoked by the Israeli authorities in the past (Article 28/3). 

- Article 28/4 states that the Palestinian Authority will issue new identity cards with new serial numbers one year after the signing of the agreement (September 1996). The new identification numbers and the numbering system will be transferred to the Israeli side.