THE ISRAELI-PALESTINIAN
INTERIM AGREEMENT ON THE WEST BANK AND THE GAZA STRIP
ANNEX II
Protocol Concerning Elections
INDEX
·
ARTICLE I - Basis of Elections
·
ARTICLE II - Right to Vote and the
Electoral Register
·
ARTICLE III - Qualification and
Nomination of Candidates
·
ARTICLE IV - The Election Campaign
·
ARTICLE V - International Observation
of Elections
·
ARTICLE VI - Election Arrangements
Concerning Jerusalem
·
APPENDIX 1 - Agreed Format for Canvass
Information
·
APPENDIX 2 - Common Terms of Reference
for International Observers
·
APPENDIX 3 -
Privileges and Immunities of International Observer Delegations
Basis of Elections
General Provisions
1.
Pursuant to Article III of
the Declaration of Principles, and in accordance with the provisions of this
Annex, direct, free and general political elections will be held for the
Council and, simultaneously, for the Ra'ees of the Executive Authority.
2.
The holding of elections for
the position of Ra'ees and for the Palestinian Council shall be governed by
this Annex, and the Law on the Election of the Ra'ees and the Palestinian
Council (hereinafter "the Election Law") and the regulations made
under this law (hereinafter "the Election Regulations"). The Election
Law shall be adopted by the Palestinian Authority. The Election Law and the
Election Regulations shall be consistent with the provisions of this Agreement.
Unless otherwise specifically provided in this Annex, all persons voting or
standing as candidates in the elections shall be uniformly subject to the
provisions of the Election Law and the Election Regulations.
The Central Election Commission
3.
The Palestinian Central
Election Commission (hereinafter "the CEC"), which will be appointed
by the Palestinian Authority, will be responsible for the administration of the
elections. The CEC will be responsible for the preparation and conduct of the
elections and shall have the powers and competences necessary to fulfill these
functions, as defined in the Election Law. All matters related to the elections
which are not subject to specific provision in this Agreement shall be subject
to determination by the Palestinian Authority or the CEC in accordance with the
Election Law, the Election Regulations and any relevant procedures set out in
this Agreement. The CEC and its subordinate bodies shall be independent.
i.
All of the offices of the CEC
and of its subordinate bodies, including the offices of the District Election
Commissions (hereinafter "the DECs") and the District Election
Offices (hereinafter "the DEOs"), shall be situated in constituencies
set out in the Palestinian Election Law in areas under the jurisdiction of the
Council.
ii.
All aspects of the electoral
administration (such as publication of lists of electors or candidates, and
other information concerning the conduct of the elections, appeals, counting
votes, and publication of results) shall take place only in the offices of the
relevant DEO.
Right to Vote and the Electoral
Register
1.
Right to Vote
i.
The right to vote will be
universal, regardless of sex, race, religion, opinion, social origin,
education, or property status. Every Palestinian who meets the qualification to
vote shall have the right to be registered to vote.
ii.
Only a person whose name
appears on the Electoral Register, as defined in paragraph 2 below, and who is
18 years old or older on the day of the elections, will have the right to vote.
iii.
No person may be registered as
an elector in more than one polling district, as defined in paragraph 2 below.
iv.
The qualification to vote will
be the same for the election for the Ra'ees of the Executive Authority of the
Council and the election for the Council.
v.
Israeli citizens shall not be
entered on the Electoral Register.
vi.
To be qualified to be entered
on the Electoral Register, a person must:
1. be
Palestinian;
2. be
17 years old or older;
3. have
his or her abode in the polling district where he or she is registered to vote;
4. not
be disqualified under subparagraph k. below; and
5. be
entered in the population register maintained by the Palestinian Authority or
the Israeli authorities (hereinafter together "the Population
Register"), and thus be the holder of an identity card issued by the
Palestinian Authority or the Israeli authorities.
vii.
Any person who:
1. will
be at least 40 years old on January 1, 1996 and can provide satisfactory
evidence that he or she has actually lived in the West Bank or the Gaza Strip
continuously, except for short absences, for at least 3 years immediately prior
to the date of the signing of this Agreement; or
2. will
be less than 40 years old on January 1, 1996 and can provide satisfactory
evidence that he or she has actually lived in the West Bank or the Gaza Strip
continuously, except for short absences, for at least 4 years immediately prior
to the date of the signing of this Agreement, shall be entitled, notwithstanding
the fact that he or she was not previously entered in the Population Register,
to be entered in the Population Register and to receive the appropriate
identity card. The Palestinian Authority and Israel, through the CAC, shall
together invite applications to be so entered in the Population Register. Such
applications shall be submitted prior to the date of the elections to the Civil
Administration or the relevant joint Israeli-Palestinian liaison body as
appropriate and shall be dealt with by the Civil Administration or by both
sides of such joint liaison body on an expedited basis to assist the process of
registration.
viii.
The inclusion of any person
on the Electoral Register at any address shall be without prejudice to the
question of that person's legal abode at that address.
ix.
In this Agreement, the word
"abode" denotes the main permanent fixed address within any polling
district at which, at the time of the initial registration canvass, a person
actually lives.
x.
In this Agreement, the word
"address" denotes the community, house, street, neighborhood or other
description identifying the specific abode in which a person actually lives,
where such information exists.
xi.
The following persons will be
disqualified from being entered on the Electoral Register:
1. any
person deprived of the right to vote by judicial sentence, while that sentence
is in force;
2. any
person declared incapable by judicial decision; and
3. any
person detained in a psychiatric institution by judicial decision, during the
period of that detention.
"Judicial sentence"
means a judicial verdict or sentence made by a Palestinian court.
2.
The Electoral Register
i.
In accordance with the
provisions of this Article, the Election Law and the Election Regulations, the
CEC shall compile and maintain the list of all persons registered as qualified
to vote (hereinafter "the Electoral Register"). A separate section of
the Electoral Register (hereinafter "an electoral register") shall be
kept for each defined geographical area possessing its own polling station
(hereinafter "polling district").
ii.
In accordance with the
arrangements agreed between the two sides, the CEC will compile the initial
draft register. The compilation of the register in each polling district will
be the responsibility of the Polling Station Commission (hereinafter
"PSC") for that district.
iii.
The PSC must enter on the
initial draft register the name of any person who is 18 or over, is qualified
to be registered in the particular polling district, is the holder of an
identity card issued by the Israeli authorities or the Palestinian Authority,
and provides all the required information as long as the PSC believes the
information to be correct.
iv.
The PSC will also enter on
the initial draft register the name of any person who is 17 and otherwise meets
all the criteria to be entered thereon. Such a person may vote if he or she has
reached his or her 18th birthday on or before polling day.
v.
The initial draft register
will be displayed within each polling district at the site of the PSC. It
shallbear upon each sheet the following text:
"This is the initial
draft of the register of the persons entitled, if they are 18 years old or more
on the day of the election, to vote in this polling district in the election
for the Palestinian Council and the Ra'ees of its Executive Authority. The
entry on this draft register of any individual is subject to confirmation that
he or she is entered in the population register maintained by the Palestinian
Authority or the Israeli authorities and thus the holder of an identity card
issued by the Palestinian Authority or the Israeli authorities. Any person who
believes that he or she has been wrongly omitted, and any person who believes
that the information published about him or her is wrong, may submit a claim to
the Polling Station Commission. Any person who believes that any other person
entered on the draft register is not qualified to appear on this register may
submit an objection to the Polling Station Commission. The deadline for receipt
of claims and objections is YYMMDD".
vi.
A subcommittee established by
the Joint Civil Affairs Coordination and Cooperation Committee shall consider
questions of registration defined in this Agreement and coordinate the
implementation of the registration arrangements (hereinafter in this Article
"the CAC subcommittee").
vii.
Within 6 weeks of the
compilation of the initial draft register, and following adjudication of all
claims and objections, the Palestinian side of the CAC subcommittee will
provide the Israeli side with a copy of this register as amended in the
computer format agreed between the two sides and set out in Appendix 1 to this
Annex. Upon receipt of this information, the Israeli side in the CAC
subcommittee will confirm the information contained in the initial draft
register with that contained in the Population Register. Subject to compliance
with the provisions of Appendix 1, and with any agreed amendments following the
experimental input or otherwise, this confirmation will take place within 7
days. Persons whose details do not appear, or whose details are significantly
different from those in the Population Register, shall be removed from the
initial draft register, unless the Palestinian side can provide satsifactory
evidence within 7 days that the person is entered in the Population Register.
viii.
The publication of the
Electoral Register and the display of the relevant electoral register in each
polling district shall follow the confirmation provided for in subparagraph g.
above. Each electoral register shall bear the following text:
"This is the register of
the persons entitled, if they are 18 years old or more on the day of the
election, to vote in this polling district in the election of the Palestinian
Council and the Ra'ees of its Executive Authority."
ix.
At least three days prior to
its publication, the final Electoral Register shall be forwarded by the CEC to
the Israeli side in the CAC subcommittee in the form, and containing the
information, described in Appendix 1.
Qualification and Nomination of
Candidates
1.
Qualification to be a
candidate
i.
Every candidate for the
Council and every candidate for the position of Ra'ees of the Executive Authority
of the Council shall be a registered elector.
ii.
Every candidate for the
Council from the various constituencies set out in the Palestinian Election Law
must have a valid address in an area under the jurisdiction of the Council in
the constituency for which he or she is a candidate. Every candidate for the
position of the Ra'ees must have a valid address in an area under the
jurisdiction of the Council. A valid address shall be that of a residential
property which is owned or rented or otherwise legitimately occupied by the
candidate. This valid address shall be entered in the candidate's nomination
paper. Where a candidate has more than one valid address, he may enter all such
addresses on his nomination paper.
iii.
Israeli citizens may not be
candidates for election to be a member of the Council or to be the Ra'ees.
2.
Nominations
The nomination of any
candidates, parties or coalitions will be refused, and such nomination or
registration once made will be canceled, if such candidates, parties or
coalitions:
1.
commit or advocate racism; or
2.
pursue the implementation of
their aims by unlawful or non- democratic means.
3.
Nomination procedures - The
Council
i.
Nominations shall be
submitted to the DEC on the official nomination papers, as specified in the
Palestinian Election Law.
ii.
Following the close of
nominations, the DEC for each constituency will immediately publish the
provisional Statement of Persons Nominated for its constituency in accordance
with the Palestinian Election Law.
iii.
Upon publication of the
provisional Statement of Persons Nominated, any person may, within 7 days,
submit an objection to the CEC that a provisionally nominated candidate does not
satisfy the criteria set out in paragraphs 1.b, 1.c and 2 above.
iv.
Following the resolution of
all appeals, and not later than 22 days before polling day, the DEC will
publish the final Statement of Persons Nominated.
4.
Nomination procedures - The
position of the Ra'ees
i.
The nomination of any
candidate shall be submitted to the CEC on the official nomination paper, as
specified in the Palestinian Election Law.
ii.
The CEC will publish the
provisional Statement of Persons Nominated 3 days after the close of
nominations.
iii.
Upon publication of the
provisional Statement of Persons Nominated, any person may, within 2 days,
submit an objection to the CEC that a provisionally nominated candidate does
not satisfy the criteria set out in paragraphs 1.b, 1.c and 2 above.
iv.
Following the resolution of
all appeals (and therefore not later than 22 days before polling day) the CEC
will publish the final Statement of Persons Nominated.
The Election Campaign
1.
General campaign provisions
i.
All activities carried out by nominated candidates,
or by political parties, coalitions, or groupings of electors who have
nominated candidates, or for their benefit, that are directly addressed to
obtain the electorate's vote, shall constitute campaign activities. Candidates
and their supporters may promote their campaign by any legal means.
ii.
The official campaign period of the election, during
which the provisions relating to the election campaign will apply, will start
22 days before polling day and close 24 hours before the polls open.
Campaigning on the day before polling day, or on polling day itself, will not
be permitted.
2.
Rallies and meetings
i.
The CEC will publish a list of venues and facilities
available for election rallies and meetings, which shall include all recognized
public open air meeting places and all public buildings with a recognized
public meeting hall. The CEC will also publish a list of routes available for
marches. These lists will be posted in each constituency in the respective DEO.
Such campaign activities shall be conducted at venues and facilities included
in the lists published by the CEC.
ii.
Without derogating from the principle that the
Palestinian Police will ensure public order during the Palestinian elections,
and in order to enable the elections to proceed smoothly, without any
interference, obstacle or friction, the two sides agree to deal with, and
coordinate with regard to, security issues that may arise in relation to the
electoral process in the relevant DCO in each constituency.
iii.
Security issues relating to the international
observers will also be dealt with in the relevant DCO, within the framework of
the trilateral Palestinian- Israeli-European Union forum, as set out in Article
V, paragraph 7 below.
iv. Each side shall take all
necessary measures with regard to persons under its authority to prevent public
disorder during campaign activities, to ensure that such activities do not
interfere with the free flow of traffic, and to protect the electoral process
from any violence, incitement, hostile propaganda or other undemocratic
interference.
1. The
representative of a candidate or candidates wanting to hold a rally, meeting or
march must submit an application to the relevant DEO giving details of the
proposed time and venue.
2. With
regard to applications to such a campaign activity in areas in which the
Palestinian Police exercises responsibility for public order, but there is no
Palestinian police station or post, the DEO shall give prior notification of
the activity to the relevant DCO.
3. With
regard to applications to hold such a campaign activity outside the areas in
which the Palestinian Police exercises responsibility for public order, the
activity shall only take place after coordination and confirmation through the
relevant DCO.
International Observation of
Elections
1.
International Standards
The election process will be
open to international observation. Observation will be conducted according to
accepted international standards.
2.
Scope of observation
i.
All stages of the electoral process will be open to
observation. This includes registration of electors, the campaign, the
operation of polling stations during polling, the operation of the count in
each polling station, and the totaling and scrutiny (including the
determination of claims made by candidates or their representatives) at
district and central level.
ii.
The observers will be asked to assess whether all
stages of the electoral process are free and fair. The activity of the
observers will be limited to observation, reporting and dialogue with the
relevant authorities.
iii.
Observer delegations may wish at any point to make
comments or representations about the conduct of the elections to the CEC,
which shall consider them and reply appropriately.
iv. In order to facilitate the
independence of the observation, the mandate and operating instructions of each
international observer delegation shall be determined by that delegation in
consultation with the international observer coordinating body under the common
terms of reference attached as Appendix 2 to this Annex.
3.
Source of observers
It is envisaged that observers
will be present from all parts of the world.
i.
Observer delegations will, in particular, be present
from the European Union, the United Nations, the United States of America, the
Russian Federation, Canada, Egypt, Japan, Jordan, Norway, South Africa, the
Movement of Non-Aligned Nations, the Organization of African Unity and the
Islamic Conference Organization. Observer delegations from other governments or
intergovernmental organizations may be added to this list upon consultation.
ii.
Other observers, including those representing
non-governmental organizations, will also be present.
4.
Coordinating body
The European Union will act as
the coordinator for the activity of observer delegations.
5.
Accreditation of observers
i.
All observers, both international and domestic,
shall be accredited through machinery established by the CEC. Accreditation
will be issued by the CEC on request and will be conditional on acceptance of
the common terms of reference. The accreditation card will contain a trilingual
text (Arabic, English and Hebrew).
ii.
The accreditation card of members of observer
delegations and members of the Coordinating Body shall contain the following
details:
1. full
name;
2. country
of origin;
3. the
following text: "The bearer of this card is an International Observer and
is entitled to Privileges and Immunities in accordance with the Interim
Agreement"; and
4. a
photograph.
iii.
The accreditation card of other observers shall not
be the same color as the card for members of observer delegations in
subparagraph b. above, and shall contain the following details:
1.
name;
2.
organization;
3.
the words "Election Observer";
4.
the following text: "The bearer of this card is
an Election Observer entitled to all possible assistance in the conduct of his
or her tasks in accordance with the Interim Agreement."; and
5.
a photograph.
iv.
Privileges and immunities
i.
Observer delegations and members of the coordinating
body (hereinafter "delegation members") shall be granted, according
to international standards, the privileges and immunities necessary for the
fulfillment of their activities in accordance with Appendix 3 to this Annex.
ii.
The names of delegation members will be supplied in
advance by the CEC to Israel, following which privileges and immunities will be
granted in accordance with Appendix 3.
v.
Trilateral coordination forum for logistics and
security
The CEC, Israel and the European Union shall
establish a trilateral forum for the purpose of dealing with issues (for
example: security of observers, communications, visas, identification, and
other questions of logistics) which are raised by observer delegations as
requiring assistance, or which otherwise require coordination between the
members of the trilateral forum. Other matters relating to the conduct of the
elections may be dealt with between the CEC and the European Union bilaterally.
The operational modalities of the trilateral forum will be agreed by the
parties at its first meeting.
vi.
Freedom of movement
i.
For the purposes of election observation, all
measures necessary will be taken to ensure freedom of movement in all areas of
operation.
ii.
Observers will not be accompanied by official
representatives of the CEC or of Israel unless they so request.
vii.
Equipment of observers
i.
Members of observer
delegations will be identifiable by a distinctive outfit (cap, shirt, jacket
etc.) and an overjacket carrying the words "INTERNATIONAL OBSERVER"
in Arabic and English. Other observers will be otherwise identified.
ii. Observers
will not carry arms.
viii.
Reporting by observer
delegations
During and following the
election, the coordinating body, each individual observer delegation, and other
observers may issue statements and hold press conferences as to their findings.
ix. Domestic observers and
parallel vote tabulations
Domestic observer organizations will be required to
be independent of parties, coalitions and groupings of electors with nominated
candidate(s) and will be accredited by the CEC on request. Domestic observer
organizations will operate under the common terms of reference for domestic
observers attached in Appendix 2. Any parallel vote tabulation organization
will also be accredited as a domestic observer organization.
x.
Provisions for journalists
Domestic and international journalists will be accredited by the CEC upon
production of valid press documentation. Journalists shall enjoy freedom of the
press and of movement in all areas in order to cover the electoral process.
Journalists shall have access to all electoral facilities during all stages of
the electoral process. The electoral authorities may request the presentation
of the issued accreditation in order to facilitate this access.
Election Arrangements
Concerning Jerusalem
1.
Election Campaigning
A subcommittee of the CAC
shall be established comprising representatives of the CEC and Israel, to
coordinate issues relating to election campaigning in Jerusalem. Candidates
conducting campaign activities in Jerusalem shall apply for the necessary
permits through the CEC. The CEC shall obtain the necessary permits from the
Israeli side in the CAC subcommittee. In addition, the CEC may disqualify
candidates whose election campaigning in Jerusalem fails to comply with the
provisions of the Palestinian Election Law and this Agreement.
2.
Polling Arrangements
i.
Location A number of Palestinians of Jerusalem will
vote in the elections through services rendered in post offices in Jerusalem,
in accordance with the capacity of such post offices.
The relevant post offices for the purposes of these
arrangements shall be:
1.
Salah-a-din post office;
2.
Jaffa Gate post office;
3.
Shuafat post office;
4.
Beit Hanina post office; and
5.
Mount of Olives post office.
ii.
International Observation
International observers will
be present in the above post offices on the day of the elections.
1. Those
Palestinians of Jerusalem who will vote in the elections through post offices
in Jerusalem shall be notified of the relevant post office by Electoral
Registration card provided by the CEC (hereinafter "the electors").
2. On
arrival at the post office, electors shall identify themselves to the relevant
postal personnel (hereinafter "the personnel") and present their
Electoral Registration card.
3. The
personnel shall provide the electors with the following:
i.
two ballot papers, one for the election of the
R'ees, and one for the election to the Council; and
ii.
two envelopes addressed to the DEO.
4. The
electors shall mark the ballot papers at the post office counter, then place
them in the envelopes to be inserted in receptacles, the size and shape of
which shall be agreed between the two sides.
5. At
the end of the day, the receptacles shall be promptly delivered to the office
of the relevant DEO. Such delivery shall be open to international observers.
These receptacles shall be sealed prior to delivery.
6. The
DEO shall be responsible for the counting and totaling of votes cast through
the arrangements set out above as part of the total election count.
Agreed Format for Canvass
Information
1.
Computer specifications
i.
The data will be provided on a DAT (2GB) tape. If
possible, the data will be transferred by means of the TAR program.
ii.
The data will be provided in a file which accords
with Microsoft Windows Arabic Standard.
iii.
The data will be provided in a flat file and not an
export file.
2.
General points
i.
A table indicating the
relationship between the PSC codes and the names of their respective localities
will be provided.
ii.
An experimental input of 100
entries will be tried, not later than two weeks after the start of the canvass.
3.
Format of the data
i.
The file to be transferred
shall be in the following format:
Content |
Type |
Length |
ID Number |
NUMBER |
9 |
ID Type |
NUMBER |
1 |
Date of birth |
DATE |
6-YYMMDD |
Sex |
NUMBER |
1 |
PSC code |
NUMBER |
5 |
ii.
The ID Number may have a length of 8 where there is
no check digit. In this case, the final space should be left blank.
iii.
The ID Type field may contain one of three values:
·
1 Israeli ID (West Bank)
·
2 Palestinian Authority ID
·
3 Israeli ID (Jerusalem).
i.
The Sex field may contain one of two values:
·
1 Male
·
2 Female.
i.
When not fully known, dates of
birth will be entered as follows:
a.
When the day of the month is not known, 00 will be
entered.
b.
When the month is not known, 00 will be entered.
c.
Where the entire date of birth is unknown, it will
be entered as 000000.
Common Terms of Reference for
Observers
I.
International Observers
1.
Observers are invited to
observe the full Palestinian election process, from the announcement through
registration, campaign, polling, counting, compiling of results and complaints
procedures.
2.
All bodies sending observers
will be free in their choice of observers. All observers will be issued on
arrival with accreditation by the CEC.
3.
Any accredited observer is
free to have contact with any person at any time and anywhere and to attend all
election related events.
4.
Israel will allow accredited
observers to travel through and to get accommodation in Israel.
5.
The premises, equipment and
property, including papers, documents (including computerized documents),
communications, correspondence and databases of observer organizations shall be
respected by each side according to its applicable laws. This provision shall
apply also to the property of observers created, maintained or used for the
purposes of their work or duties.
6.
Members of observer
delegations will wear their distinctive outfit (caps, shirts, jackets etc.,
including the words "INTERNATIONAL OBSERVER" in Arabic and English)
whenever and wherever they go on duty. Observers who are not members of
observer delegations in accordance with Article V, paragraph 3.a of this Annex
(hereinafter "other observers") will be otherwise identified.
7.
All observers will be
responsible for the arrangement of their own accommodation, equipment, means of
transport, and medical and other insurance.
8.
The CEC and Israel will bear
no financial liability in respect of expenditure undertaken by observers, or of
injury, damage or loss incurred by observers in the course of their duties or
otherwise. The European Union will only bear such liability in relation to
members of the coordinating body and to the European Union observers and only
to the extent that it explicitly agrees so to do.
9.
No restriction shall be placed
on introducing foreign currency to fund the activities of observers nor on the
repatriation of such funds to any country abroad nor on the free exchange of
foreign currency through an authorized dealer in exchange at the market rate of
exchange
10.
All necessary measures shall
be taken to ensure the security of observers. Enhanced security will be
provided as necessary on request.
11.
All observers have the right
to emergency medical assistance, including emergency evacuation as necessary.
The appropriate Israeli and Palestinian authorities undertake to provide such
emergency assistance and evacuation.
II.
Domestic Observers
1.
Domestic observers are invited to observe the full Palestinian
election process, from the announcement through registration, campaign,
polling, counting, compiling of results and complaints procedures.
2.
All domestic observer bodies will be free in their
choice of observers. Domestic observers will be issued with accreditation by
the CEC.
3.
Any accredited domestic observer is free to move and
to have contact with any person at any time and anywhere and to attend all
election related events.
4.
Freedom of speech for domestic observers in regard
of words spoken or written in their official capacity shall be guaranteed.
5.
The premises, equipment and property, including
papers, documents (including computerized documents), communications,
correspondence and databases of domestic observer organizations shall be respected
by each side, according to its applicable laws. This provision shall apply also
to the property of domestic observers created, maintained or used for the
purposes of their work or duties.
6.
Israel will allow accredited domestic observers from
the list provided by the CEC to travel through Israel in the course of their
duties.
7.
All observers will be responsible for the
arrangement of their own equipment, means of transport, and medical and other
insurance.
8.
The CEC and Israel will bear no financial liability
in respect of expenditure undertaken by observers, or of injury, damage or loss
incurred by observers in the course of their duties or otherwise.
Privileges and Immunities of
International Observer Delegations
For the purpose of this
Appendix, privileges and immunities shall be granted to all accredited members
of international observer delegations, and members of the coordinating body and
personnel appointed by observer delegations to perform activities related to
the election observation (hereinafter "delegation members").
1.
Delegation members shall:
i.
be immune from personal arrest
or detention, and from seizure of any personal belongings;
ii.
be immune from legal process
in respect of words spoken or written or acts done by them in the course of the
performance of their mission;
iii.
enjoy inviolability for all
papers and documents, including computerized documentation; and
iv.
be permitted, for the purposes
of their official communications, to use codes and to receive papers and
correspondence by courier or sealed bags.
2.
The inviolability and freedom
of communications and correspondence to and from delegation members shall be
assured.
3.
The premises, including all
archives and databases, property, funds and assets of delegation members shall:
i.
be protected and inviolable;
and
ii.
be immune from search,
requisition, confiscation, expropriation and any other form of interference,
whether by executive, administrative, judicial or legislative action.
4.
Without prejudice to their
privileges and immunities, it is the duty of all persons enjoying these
privileges and immunities to respect the laws and regulations in force in the
areas under each side's jurisdiction.
5.
The coordinating body and
each observer delegation will be able to acquire and use freely and
efficiently, from the beginning to the end of its operation, the means of
communication necessary for it to fulfill its duty. Within the framework of the
trilateral forum as defined in Article V, paragraph 7 of this Annex
(hereinafter "the trilateral forum"), the Israeli and Palestinian
authorities will ensure access to all necessary communication lines and
frequencies.
6.
The coordinating body and
each observer delegation will have access to either or both of:
i.
special license plates and
necessary per, agreed in the trilateral forum, for cars bought or hired
locally; and
ii.
special license plates for
cars imported and re-exported.
Comprehensive motor insurance
shall be acquired for each such car.
7.
Any equipment, materials,
articles or goods imported by the coordinating body or any observer delegation
in connection with their activities shall be exempt from all custom and import
taxes and duties. It is understood, however, that such exemption does not
include charges for services provided at Israeli points of entry. In the event
of a request to pay storage charges resulting from an undue delay caused by
Israeli authorities as certified by the trilateral forum, storage charges shall
be reimbursed.
Questions relating to such
imports regarding prohibitions or restrictions, in accordance with the law,
shall be raised in the trilateral forum and dealt with under expedited
procedures.
Each observer delegation will
be allowed to import and re-export all necessary equipment, including cars,
which it considers necessary to fulfill its duties. Within the framework of the
trilateral forum, Israeli and/or Palestinian customs authorities will perform
appropriate customs clearances through a special expedited procedure under the
supervision of senior customs officials. All imported equipment, materials,
articles or goods exempted from import taxes and duties will be re-exported or
donated according to applicable customs procedures agreed upon between the two
sides at the conclusion of the mission of the observer delegations.
i.
Palestinians recruited locally
to perform services for the coordinating body or for an observer delegation
(hereinafter "local personnel") shall, subject to the provisions of
this paragraph, enjoy in the West Bank and the Gaza Strip:
1. freedom
of movement in the exercise of their duties; and
2. immunity
from prosecution in respect of words spoken or written and any act performed by
them in the exercise of their duties.
ii.
Observer delegations and the
coordinating body shall provide lists of local personnel to the CEC, which will
accredit such local personnel following prior coordination with Israel.
Accredited local personnel shall be issued with a certificate in Arabic,
English and Hebrew, possession of which shall be necessary to enjoy the freedom
of movement and immunity in subparagraph a. above.
iii.
The certificate will include
the following text:
"The bearer of this
certificate is officially attached to an international observer delegation. He
or she is entitled to drive or travel in a vehicle bearing special observer
delegation license plates in the course of his or her legitimate duties. He or
she is entitled to limited immunity in the course of such duties, in accordance
with the Interim Agreement."
iv.
Such local personnel shall
not enjoy immunity from any legal process related to traffic offenses, or
damage caused by such offenses.
v.
Matters regarding
arrangements for entry by local personnel into Israel and for movement by local
personel between the West Bank and the Gaza Strip, including the issuance of
entry certificates, will be handled within the trilateral forum by the Israeli
representative to that forum, who shall, to that end, maintain ongoing contacts
with the appropriate Israeli authorities with a view to expediting all related
matters.
vi.
Local personnel shall not
carry arms.
8.
The coordinating body, and
observer delegations, may display their flag and/or emblem on their office
premises and vehicles.
9.
Within the framework of the
trilateral forum, the Palestinian and Israeli authorities will appoint liaison
officers as appropriate to ensure that all arrangements relating to requests
concerning logistics and security are implemented.