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The Palestinian National Covenant or Palestinian National Charter ( ar, الميثاق الوطني الفلسطيني;
transliterated Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus ''trans-'' + '' liter-'') in predictable ways, such as Greek → , Cyrillic → , Greek → the digraph , Armenian → or L ...
: ''al-Mithaq al-Watani al-Filastini'') is the
covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...
or charter of the Palestine Liberation Organization (PLO). The Covenant is an ideological paper, written in the early days of the PLO. The first version was adopted on 28 May 1964. In 1968 it was replaced by a comprehensively revised version.''The Palestinian National Charter: Resolutions of the Palestine National Council July 1-17, 1968''
on Avalon
In April 1996, many articles, which were inconsistent with the Oslo Accords, were wholly or partially nullified.


History

Following a 1963 Draft Constitution the first version of the Charter was written by
Ahmad Shukeiri Ahmad al-Shukeiri ( ar, أحمد الشقيري, also transliterated al-Shuqayri, Shuqairi, Shuqeiri, Shukeiry; 1 January 1908 – 26 February 1980) was the first Chairman of the Palestinian Liberation Organization, serving from 1964–1967. ...
, the first chairman of the PLO, using the slightly different name ''al-Mithaq al-Qawmi al-Filastini'', meant to reflect its origins in Nasser's Pan-Arabism. 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 28 May 1964, establishing the Palestine Liberation Organization, in (east) Jerusalem along with another document, variously known as the Basic Constitution, Basic Law 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 The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
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 (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 doctrine "that all Jews ithout date restriction/nowiki> ... 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 1968 Charter also removed the 1964 Clause 24 which began, "This Organization does not exercise any territorial sovereignty over the West Bank in the Hashemite Kingdom of Jordan, on the Gaza Strip or in the Himmah Area." That is to say, the Charter in its original 1964 form made no territorial claims over the West Bank or Gaza.


Events before 1998

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 (Art. 15), and strongly urges the "liberation" of Palestine. On 14 December 1988, following an outcry from his 13 December General Assembly speech,
Yasser Arafat Mohammed Abdel Rahman Abdel Raouf al-Qudwa al-Husseini (4 / 24 August 1929 – 11 November 2004), popularly known as Yasser Arafat ( , ; ar, محمد ياسر عبد الرحمن عبد الرؤوف عرفات القدوة الحسيني, Mu ...
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 resolution in Algiers, 1988 (which had been sufficient to open a dialogue with the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
) as "deceptive propaganda exercises" because (among other objections), "the PLO Covenant has not changed." In May 1989, Arafat, in a statement later criticized by
Edward Said Edward Wadie Said (; , ; 1 November 1935 – 24 September 2003) was a Palestinian-American professor of literature at Columbia University, a public intellectual, and a founder of the academic field of postcolonial studies.Robert Young, ''Whit ...
as being beyond his authority, and properly a matter for the PNC, told a French TV interviewer "''C'est caduc''", meaning that it, the Charter, was null and void. In August 1993, Israeli Prime Minister
Yitzhak Rabin Yitzhak Rabin (; he, יִצְחָק רַבִּין, ; 1 March 1922 – 4 November 1995) was an Israeli politician, statesman and general. He was the fifth Prime Minister of Israel, serving two terms in office, 1974–77, and from 1992 until h ...
insisted on changes to the Charter as part of the Oslo Accords. Following
Yasser Arafat Mohammed Abdel Rahman Abdel Raouf al-Qudwa al-Husseini (4 / 24 August 1929 – 11 November 2004), popularly known as Yasser Arafat ( , ; ar, محمد ياسر عبد الرحمن عبد الرؤوف عرفات القدوة الحسيني, Mu ...
'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 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 (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, the PLO and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
reads: At one time the text of the Charter at the official website of the
Palestinian National Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
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 (; he, יִצְחָק רַבִּין, ; 1 March 1922 – 4 November 1995) was an Israeli politician, statesman and general. He was the fifth Prime Minister of Israel, serving two terms in office, 1974–77, and from 1992 until h ...
said in a speech to the Knesset on 5 October 1995, at the time of the ratification of the
Oslo II The Interim Agreement on the West Bank and the Gaza Strip commonly known as Oslo II or Oslo 2, was a key and complex agreement in the Israeli–Palestinian peace process. Because Oslo II was signed in Taba, it is sometimes called the Taba Agreem ...
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 "Bibi" Netanyahu (; ; born 21 October 1949) is an Israeli politician who served as the ninth prime minister of Israel from 1996 to 1999 and again from 2009 to 2021. He is currently serving as Leader of the Opposition and Chairman of ...
's
Likud Likud ( he, הַלִּיכּוּד, HaLikud, The Consolidation), officially known as Likud – National Liberal Movement, is a major centre-right to right-wing political party in Israel. It was founded in 1973 by Menachem Begin and Ariel Sha ...
government, the issue again became even more controversial, with Israel's demand for greater clarity and precision eventually expressed in the Wye River Memorandum. (See below, Events of 1998)


Events of 1998 and after


Clauses regarding Israel

Yasser Arafat Mohammed Abdel Rahman Abdel Raouf al-Qudwa al-Husseini (4 / 24 August 1929 – 11 November 2004), popularly known as Yasser Arafat ( , ; ar, محمد ياسر عبد الرحمن عبد الرؤوف عرفات القدوة الحسيني, Mu ...
wrote letters to President Clinton and Prime Minister Blair in January 1998 explicitly listing the articles of the Charter referred to in the PNC'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 included the following provision:
The Executive Committee of the Palestine Liberation Organization and the Palestinian Central Council will reaffirm the letter of 22 January 1998 from PLO Chairman
Yasir Arafat Mohammed Abdel Rahman Abdel Raouf al-Qudwa al-Husseini (4 / 24 August 1929 – 11 November 2004), popularly known as Yasser Arafat ( , ; ar, محمد ياسر عبد الرحمن عبد الرؤوف عرفات القدوة الحسيني, Mu ...
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, including Fatah,
Hamas Hamas (, ; , ; an acronym of , "Islamic Resistance Movement") is a Palestinian Sunni-Islamic fundamentalist, militant, and nationalist organization. It has a social service wing, Dawah, and a military wing, the Izz ad-Din al-Qassam ...
, Islamic Jihad,
PFLP The Popular Front for the Liberation of Palestine ( ar, الجبهة الشعبية لتحرير فلسطين, translit=al-Jabhah al-Sha`biyyah li-Taḥrīr Filasṭīn, PFLP) is a secular Palestinian Marxist–Leninist and revolutionary so ...
and DFLP, adopted a 6 paragraph declaration known as the "Cairo Declaration".2005 ''Cairo Declaration''
Miftah
The declaration envisions a reform of the PLO to include all the Palestinian powers and factions. In order to implement these reforms it was decided to form a committee made up of the PNC Chairman, the members of the
Executive Committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
, the secretaries general of all Palestinian factions and independent national personalities. The PLO-EC Chairman is tasked to convene this committee. In the subsequent years, the agreement was several times reconfirmed, but as of 2015 there have not been taken concrete steps.


Israeli views

Although the PNC 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 ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' and others quoted similarly language (the ambiguous phrase ''decides to amend'' is quoted instead of ''hereby 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''". The AP reported that:
In a surprise development, the PLO's Executive Committee decided to take no action on amending articles in its charter... Palestinian Information Minister Yasser Abd Rabbo gave no reason why the committee failed to act on the charter.
UNISPAL, citing AFP and Reuters reported that:
The PLO Executive Committee, meeting in Ramallah, took no action on amending articles in the Palestinian charter which Israel views as seeking its destruction. The PA Information Minister Yasser Abed Rabbo told reporters the committee had only "reviewed" a letter PA President Arafat had given to President Clinton, listing the charter clauses annulled by the PNC.
PLO spokesman Marwan Kanafani was videotaped telling reporters, "This is not an amendment. This is a license to start a new charter." In 2009, Fatah officials, among them Azzam al-Ahmad and
Nabil Shaath Nabil Ali Muhammad (Abu Rashid) Shaath ( ar, نبيل شعث, , also spelled Sha'ath; born August 1938 in Safad) is a senior Palestinian official. Career In politics He has held the following titles: *Palestinian chief negotiator *Palestin ...
, confirmed that the Charter would remain unchanged.Fatah congress to keep "armed struggle" option. Aug 3, 2009 . Reuters


See also

* Proposals for a Palestinian state * State of Palestine *
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
*
Constitution of Mandatory Palestine The Constitution of Mandatory Palestine, formally known as the 10 August 1922 Palestine Order-in-Council, was the codified constitution of Mandatory Palestine. It was first published on 1 September 1922 in an Extraordinary Issue of the Palestine Ga ...


References


Bibliography

* *


External links


Documents


Statement of Proclamation of the Organization (1964)Palestinian National Charter (1968)
published b
The Avalon Project
at Yale Law School
Palestinian National Charter (1964)
published by the Permanent Observer Mission of Palestine to the United Nations

Adopted at the 12th Session of the Palestine National Council Cairo, 8 June 1974 published by the Permanent Observer Mission of Palestine to the United Nations]
Decisions and Actions related to the Palestine National Charter (1996)
published by the Permanent Observer Mission of Palestine to the United Nations]
Letter From Yassar Arafat to President Clinton January 13, 1998Yearbook of the United Nations 1998 - Regarding Changes


Analysis


Another translation
of the 2003 draft constitution, with commentary by th
Palestinian Center for Policy and Survey Research
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