Palestinian National Covenant
Encyclopedia
The Palestinian National Covenant or Palestinian National Charter ' onMouseout='HidePop("60083")' href="/topics/Arabic_transliteration">transliterated
Arabic transliteration
Different approaches and methods for the romanization of Arabic exist. They vary in the way that they address the inherent problems of rendering written and spoken Arabic in the Latin alphabet; they also use different symbols for Arabic phonemes that do not exist in English or other European...

: al-Mithaq al-Watani al-Filastini) is the charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

 or constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 of the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...

 (PLO).

Following a 1963 Draft Constitution the first version of the Charter was written by Ahmad Shukeiri
Ahmad Shukeiri
Ahmad al-Shukeiri also transcribed al-Shuqayri, Shuqeiri, Shukeiry, etc.), was the first Chairman of the Palestine Liberation Organization, serving in 1964–67....

, the first chairman of the PLO, using the slightly different name al-Mithaq al-Qawmi al-Filastini, meant to reflect its origins in Nasser
Gamal Abdel Nasser
Gamal Abdel Nasser Hussein was the second President of Egypt from 1956 until his death. A colonel in the Egyptian army, Nasser led the Egyptian Revolution of 1952 along with Muhammad Naguib, the first president, which overthrew the monarchy of Egypt and Sudan, and heralded a new period of...

's Pan-Arabism
Pan-Arabism
Pan-Arabism is an ideology espousing the unification--or, sometimes, close cooperation and solidarity against perceived enemies of the Arabs--of the countries of the Arab world, from the Atlantic Ocean to the Arabian Sea. It is closely connected to Arab nationalism, which asserts that the Arabs...

. The first official English translation rendered al-Mithaq as "covenant", while later versions have tended to use "charter." (The word changed in 1968 in the Arabic name is translated as "national" in either English translation.)

The Palestinian National Charter was adopted on May 28, 1964, establishing the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...

, in (east) Jerusalem along with another document, variously known as the Basic Constitution, Basic Law
Basic Law
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...

 or Fundamental Law of the PLO, based on an earlier Draft Constitution. The Charter is concerned mainly with the aims of the Palestine Liberation Organization, while the Fundamental Law is more concerned with the structure and procedures of the organization.

The Charter was extensively amended, with seven new articles, in 1968 in the wake of the Six Day War and given its current name. Compared to its predecessor, it focused more on the independent national identity and vanguard role of the Palestinian people, led by the PLO, in their "liberation of their homeland" by armed struggle. Article 7 of the earlier document was changed from "Jews of Palestinian origin are considered Palestinians ..." to being restricted only to those "who had resided in Palestine until the beginning of the Zionist invasion." The final article providing that it can only be amended by a vote of a two-thirds majority of the Palestinian National Council
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

 (PNC) at a special session convened for that purpose was left unchanged.

The Fundamental Law was also amended, making it more democratic, electing the entire Executive Committee by the PNC, instead of just the Chairman, separating the post of the Speaker of the PNC from the Chairman of the Executive Committee and affirmed the authority of the Executive Committee over the army. Later, (Hirst, 2003, p. 427) a promised Charter amendment based on Fatah
Fatah
Fataḥ is a major Palestinian political party and the largest faction of the Palestine Liberation Organization , a multi-party confederation. In Palestinian politics it is on the left-wing of the spectrum; it is mainly nationalist, although not predominantly socialist. Its official goals are found...

 doctrine "that all Jews [without date restriction]...were to be entitled to Palestinian citizenship" failed due to doctrinal quarrels over the meaning of the precise nature of the proposed Democratic State.

The Charter and the question of Israel's right to exist

Israel has always strongly objected to the Charter, which describes the establishment of the state of Israel as "entirely illegal" (Art. 19), considers Palestine, with its original Mandate borders, as the indivisible homeland of the Arab Palestinian people (1-2), urges the elimination of Zionism in Palestine and worldwide (Art. 15), and strongly urges the "liberation" of Palestine throughout.

On 14 December 1988, following an outcry from his 13 December General Assembly speech, Yasser Arafat
Yasser Arafat
Mohammed Yasser Abdel Rahman Abdel Raouf Arafat al-Qudwa al-Husseini , popularly known as Yasser Arafat or by his kunya Abu Ammar , was a Palestinian leader and a Laureate of the Nobel Prize. He was Chairman of the Palestine Liberation Organization , President of the Palestinian National Authority...

 called a press conference in Geneva to clarify his earlier statement by specifically mentioning "the right of all parties concerned in the Middle East conflict to exist in peace and security, including the State of Palestine, Israel, and their neighbours. He also renounced terrorism.

Israel dismissed these statements of moderation from Arafat and the PNC
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

 resolution in Algiers, 1988
Palestinian Declaration of Independence
The Palestinian Declaration of Independence is a statement written by Palestinian poet Mahmoud Darwish and proclaimed by Yasser Arafat on 15 November 1988. It had previously been adopted by the Palestinian National Council, the legislative body of the Palestine Liberation Organization , by a vote...

 (which had been sufficient to open a dialogue with the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

) as "deceptive propaganda exercises" because (among other objections), "the PLO Covenant has not changed." (Shlaim, p. 466)
In May 1989, Arafat, in a statement later criticized by Edward Said
Edward Said
Edward Wadie Saïd was a Palestinian-American literary theorist and advocate for Palestinian rights. He was University Professor of English and Comparative Literature at Columbia University and a founding figure in postcolonialism...

 as being beyond his authority, and properly a matter for the PNC
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

, told a French TV interviewer "C'est caduc", meaning that it, the Charter, was null and void. (transcript in Journal of Palestine Studies, Vol. 19, No. 2 (Winter, 1990) , pp. 133–188)

In August 1993, Israeli Prime Minister Yitzhak Rabin
Yitzhak Rabin
' was an Israeli politician, statesman and general. He was the fifth Prime Minister of Israel, serving two terms in office, 1974–77 and 1992 until his assassination in 1995....

 insisted on changes to the Charter as part of the Oslo Accords
Oslo Accords
The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles , was an attempt to resolve the ongoing Palestinian-Israeli conflict...

. Following Yasser Arafat
Yasser Arafat
Mohammed Yasser Abdel Rahman Abdel Raouf Arafat al-Qudwa al-Husseini , popularly known as Yasser Arafat or by his kunya Abu Ammar , was a Palestinian leader and a Laureate of the Nobel Prize. He was Chairman of the Palestine Liberation Organization , President of the Palestinian National Authority...

's commitment to "submit to the Palestinian National Council for formal approval" the changes to the Charter confirming that "those articles of the Palestinian Covenant which deny Israel's right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid" in the September 9, 1993 letters of mutual recognition, the PNC
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

 met in Gaza and voted on 24 April 1996. The decision was adopted by a vote of: 504 in favor, 54 against, and 14 abstentions. The official English translation used by Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

, the PLO
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 reads:
At one time the text of the Charter at the official website of the Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...

 appended these amendments to the text of the 1968 charter; the redrafting process referred to in the second amendment still remains uncompleted.

An earlier version of the above translation is still available on the website of Palestinian American Council. The relevant text reads:
This earlier version had appeared on the Palestine Minister of Information's website. Many commentators noted that the text only indicated a decision to amend the charter, not an actual amendment. Official Palestinian websites have since replaced the vague translation with the concrete version quoted above.

Yitzhak Rabin
Yitzhak Rabin
' was an Israeli politician, statesman and general. He was the fifth Prime Minister of Israel, serving two terms in office, 1974–77 and 1992 until his assassination in 1995....

 said in a speech to the Knesset on 5 October 1995, at the time of the ratification of the Oslo II Interim Agreement: "The Palestinian Authority has not up until now honoured its commitment to change the Palestinian Covenant ... I view these changes as a supreme test of the Palestinian Authority's willingness and ability, and the changes required will be an important and serious touchstone vis-à-vis the continued implementation of the agreement as a whole".

When this government was replaced by Benjamin Netanyahu
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu is the current Prime Minister of Israel. He serves also as the Chairman of the Likud Party, as a Knesset member, as the Health Minister of Israel, as the Pensioner Affairs Minister of Israel and as the Economic Strategy Minister of Israel.Netanyahu is the first and, to...

's Likud
Likud
Likud is the major center-right political party in Israel. It was founded in 1973 by Menachem Begin in an alliance with several right-wing and liberal parties. Likud's victory in the 1977 elections was a major turning point in the country's political history, marking the first time the left had...

 government, the issue again became even more controversial, with Israel's demand for greater clarity and precision eventually expressed in the Wye River Memorandum
Wye River Memorandum
The Wye River Memorandum was an agreement negotiated between Israel and the Palestine Authority to implement the earlier Interim Agreement of 28 September, 1995...

. (See below, Events of 1998)

Clauses regarding Israel

Yasser Arafat
Yasser Arafat
Mohammed Yasser Abdel Rahman Abdel Raouf Arafat al-Qudwa al-Husseini , popularly known as Yasser Arafat or by his kunya Abu Ammar , was a Palestinian leader and a Laureate of the Nobel Prize. He was Chairman of the Palestine Liberation Organization , President of the Palestinian National Authority...

 wrote letters to President Clinton and Prime Minister Blair in January 1998 explicitly listing the articles of the Charter referred to in the PNC
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

's 1996 vote.
While this was seen as progress in some quarters, other Palestinian officials contended that the Charter had not yet been amended, and there were also reportedly discrepancies between the two letters.

The operative language of Arafat's letter to Clinton reads:
The articles identified by Arafat as nullified call for Palestinian unity in armed struggle, deny the legitimacy of the establishment of Israel, deny the existence of a Jewish people with a historical or religious connection to Palestine, and label Zionism a racist, imperialist, fanatic, fascist, aggressive, colonialist political movement that must be eliminated from the Middle East for the sake of world peace.

Observers who had previously been skeptical of Palestinian claims that the Charter had been amended continued to voice doubts.
In an attempt to end the confusion, the Wye River Memorandum
Wye River Memorandum
The Wye River Memorandum was an agreement negotiated between Israel and the Palestine Authority to implement the earlier Interim Agreement of 28 September, 1995...

 included the following provision:
The Executive Committee of the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...

 and the Palestinian Central Council
Palestinian Central Council
The Palestinian Central Council , also known as PLO Central Council, is one of the institutions of the Palestine Liberation Organization . The PCC makes policy decisions when the Palestinian National Council is not in session. The PCC is acting as a link between the PNC and the PLO Executive...

 will reaffirm the letter of 22 January 1998 from PLO Chairman Yasir Arafat to President Clinton concerning the nullification of the Palestinian National Charter provisions that are inconsistent with the letters exchanged between the PLO and the Government of Israel on 9–10 September 1993. PLO Chairman Arafat, the Speaker of the Palestine National Council, and the Speaker of the Palestinian Council will invite the members of the PNC, as well as the members of the Central Council, the Council, and the Palestinian Heads of Ministries to a meeting to be addressed by President Clinton to reaffirm their support for the peace process and the aforementioned decisions of the Executive Committee and the Central Council.

These commitments were kept, leading President Clinton to declare to the assembled Palestinian officials on 14 December 1998 at Gaza:
I thank you for your rejection—fully, finally and forever—of the passages in the Palestinian Charter calling for the destruction of Israel. For they were the ideological underpinnings of a struggle renounced at Oslo. By revoking them once and for all, you have sent, I say again, a powerful message not to the government, but to the people of Israel. You will touch people on the street there. You will reach their hearts there.


Like President Clinton, Israel and the Likud party now formally agreed that the objectionable clauses of the charter had been abrogated, in official statements and statements by Prime Minister Netanyahu, Foreign Minister Sharon, Defense Minister Mordechai and Trade and Industry Minister Sharansky. With official Israeli objections to the Charter disappearing henceforward from lists of Palestinian violations of agreements, the international legal controversy ended.

Despite President Clinton's optimism, the events of 1998 did not entirely resolve the controversy of the Charter. A June 1999 report by the Palestinian Authority's Ministry of Information on the status of the Charter made no mention of the 1998 events and leading Palestinians continue to state that the Charter has not yet been amended.

In 2001 the first draft of a constitution authorized by the PLO's Central Committee, calling for a respect for borders, human and civil rights as defined under international law appeared.

Regarding PLO reform

In March 2005 representatives of 13 Palestinian factions adopted a 6 paragraph declaration known as the "Cairo Declaration". The declaration envisions a reform of the PLO where those of the factions that aren't members of the PLO will get included.

In order to implement these reforms it was decided to form a committee made up of the PNC Chairman, the members of the PLO-EC, the secretaries general of all Palestinian factions and independent national personalities. The PLO-EC Chairman is tasked to convene this committee.

The PLO Constitutional Committee first convened in 2005, but hasn't met since 2006 and the provisions for the inclusion of Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...

 and Islamic Jihad
Islamic Jihad Movement in Palestine
The Islamic Jihad Movement in Palestine known in the West as simply Palestinian Islamic Jihad , is a small Palestinian militant organization. The group has been labelled as a terrorist group by the United States, the European Union, the United Kingdom, Japan, Canada, Australia and Israel...

 in the PLO are not yet adopted.

In March 2011 the PLO-EC Chairman asked the PLO-EC to convene the PLO Constitution Committee, either in Amman
Amman
Amman is the capital of Jordan. It is the country's political, cultural and commercial centre and one of the oldest continuously inhabited cities in the world. The Greater Amman area has a population of 2,842,629 as of 2010. The population of Amman is expected to jump from 2.8 million to almost...

 or in Cairo
Cairo
Cairo , is the capital of Egypt and the largest city in the Arab world and Africa, and the 16th largest metropolitan area in the world. Nicknamed "The City of a Thousand Minarets" for its preponderance of Islamic architecture, Cairo has long been a centre of the region's political and cultural life...

, and advised that the committee should draw up amendments to the PLO charter by September 31, when it's is scheduled that the state-building project
Proposals for a Palestinian state
Proposals for a Palestinian state currently refers to the proposed establishment of an independent state for the Palestinian people in Palestine on land that was occupied by Israel since the Six-Day War of 1967 and before by Egypt and by Jordan since 1949...

 of the PNA Prime Minister
Prime Minister of the Palestinian National Authority
The Prime Minister of the Palestinian National Authority is the head of government of the Palestinian Authority government.The Prime Minister's Office was created in 2003 to manage day-to-day activities of the Palestinian government. The position was created because both Israel and the United...

 is to be completed.

Israeli views

Although the PNC
Palestinian National Council
The Palestinian National Council is the legislative body of the Palestine Liberation Organization and elects its Executive Committee, which assumes leadership of the organization between its sessions. The Council normally meets every two years. Resolutions are passed by a simple majority with a...

 met in Gaza on 24 April 1996, it did not revoke or change the covenant, but only issued a statement saying that it had become aged, and that an undefined part of it would be rewritten at an undetermined date in the future. While the English language press release stated that the PLO Covenant was "hereby amended", the Arabic version of Yassir Arafat's letter on this declaration stated:
The New York Times and others quoted similarly language (the ambiguous phrase decides to amend is quoted instead of herby amended):
"Peace Watch", an Israeli organization declaring itself to be "an apolitical, independent Israeli organization monitoring bilateral compliance with the Israel-PLO accords" issued the following statement:

Palestinian views

Reportedly, an internal PLO document from the Research and Thought Department of Fatah stated that changing the Covenant would have been "suicide for the PLO" and continued:
In January 1998, before the second Gaza meeting, Faisal Hamdi Husseini, head of the legal committee appointed by the PNC, stated "There has been a decision to change the Covenant. The change has not yet been carried out".

PLO spokesman Marwan Kanafani was videotaped telling reporters, "This is not an amendment. This is
a license to start a new charter."

Shift of focus to Hamas

In recent years, the subject of the Palestinian National Covenant has almost disappeared from the Israeli public discourse and debate. To a growing degree, especially after the electoral victory in the Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...

 movement in the Palestinian elections of 2006, Israeli attention shifted to the Hamas Movement's own Covenant and the positions taken by the Hamas-dominated Palestinian Government.

In general, the new debate has tended to follow a similar pattern to the older one. One side of Israeli public opinion regards the perceived 'extreme' positions on the Palestinian side as a sign that Israel "has no partner", while the other appears to feel more lenient, seeking for signs of "pragmatism" on the opposing side.

See also

  • Palestine Liberation Organization
    Palestine Liberation Organization
    The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...

  • Proposals for a Palestinian state
    Proposals for a Palestinian state
    Proposals for a Palestinian state currently refers to the proposed establishment of an independent state for the Palestinian people in Palestine on land that was occupied by Israel since the Six-Day War of 1967 and before by Egypt and by Jordan since 1949...

  • State of Palestine
    State of Palestine
    Palestine , officially declared as the State of Palestine , is a state that was proclaimed in exile in Algiers on 15 November 1988, when the Palestine Liberation Organization's National Council adopted the unilateral Palestinian Declaration of Independence...

  • Palestinian territories
    Palestinian territories
    The Palestinian territories comprise the West Bank and the Gaza Strip. Since the Palestinian Declaration of Independence in 1988, the region is today recognized by three-quarters of the world's countries as the State of Palestine or simply Palestine, although this status is not recognized by the...


Documents


Analysis

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