PCIA OF THE PALESTINIAN ISRAELI WATER CASE

Marwan Haddad Professor of Environmental Engineering, Civil Engineering Department

Director of Water and Environmental Studies Institute (WESI) An-Najah National University, Nablus, Palestine

Tel: 970-9 2345124, Fax: +970 9 2345982, Mobile +970 599 294952 e-mail: haddadm@najah.edu, haddadm50@email.com

Historic

Palestine

The conflict between Israelis and Palestinians over the land of historic Palestine and its natural resources is

over one hundred years old.

They are still Fighting

The Start

Conflict on Water

Overview of Palestinian Israeli Peace Accords on Water (1993-1995)

During round 2 meeting of the Middle East Multilateral Working Group on water held in Vienna, Austria, May 14-15, 1992, Israel, Jordan and the Palestinians agreed to cooperate on hydrological data sharing, which had previously been withheld from the Palestinians.

In Oslo I agreement between Israel and PLO signed September 13, 1993,

the two sides agreed to establish an Israeli-Palestinian continuing Committee for Economic Cooperation, focusing, among other things, on water (Annex III, article 1).

Gaza-Jericho agreement between Israel and PLO signed in Cairo, May 4,

1994 (Gaza Jericho Agreement 1994), tackled the water issue in the context of environmental protection and prevention of environmental hazards.

Oslo II interim agreement (interim agreement 1995). Article 40 of the

agreement’s annex III, was devoted to “water and sewage”.

Author’s Peace Building Experiences and reflections

• Experiences in Academic and People-to –People Efforts

• Palestinian/Israeli Water Negotiation (1993-95)

Experiences in Academic and People-to –People Efforts

a. The Middle East Regional Water Study

The Middle East regional water study was highly technical and results

obtained were of high caliber quality and constituted the based for almost all subsequent national supply-demand studies. All the teams worked together and participated in joint meetings in harmony and in cooperative atmosphere.

From peace building perspective, parties were very cautious on opening

their national accounts, especially Israel and concentrated on developing regional options where there are no political implications.

Technical teams were tied in their subject coverage and detailing from

their political side (the political steering committee of the project consisting of countries representatives plus the German side), and in many cases delays were related to political sides responses.

Experiences in Academic and People-to –People Efforts

b. Joint Management structures for the aquifers shared by Israelis and

Palestinians

• This study was special from peace building perspective. It started before Oslo peace process and was dangerous to Palestinian participants who could be called collaborator with the enemy at the time.

• Both teams started out on this study as adversaries and strangers, but

quickly became colleagues and eventually friends. Discussions, although with different views and perspectives were friendly and open.

• The research team adopted the approach of transparency and rational

in dealing with all project activities including joint study teams meetings and discussions and all international workshops.

Experiences in Academic and People-to –People Efforts

b. Joint Management structures for the aquifers shared by Israelis and Palestinians

• Two good choices helped in the high success of the study and for being

a positive example for peace building efforts: the size of the team and that many local and international experts participated and joined the study team in discussing the conflicting issues and in presenting their experiences and potential resolving options.

• The joint management structure study outcomes (reports and workshops proceedings) were passed to decision making people at both sides and up to my personal knowledge were read carefully and positively impacted their attitude towards joint water management. This study is a good and positive example of efforts that helped in paving the road to peace and stability between the two sides.

Palestinian/Israeli Water Negotiation (1993-95)

• The Middle East Madrid Peace Conference was convened on October 30, 1991

• Shortly after the Madrid conference, author was appointed by PLO in 1991 to head the Palestinian water technical group for peace negotiating team.

• Later in 1993 author was appointed as Palestinian team member to the Palestinian/Israeli bilateral as well as to the Palestinian multilateral peace working group on water.

• In 1995, author was head of Palestinian negotiation team for the transfer of water authority in the West Bank.

Palestinian/Israeli Water Negotiation (1993-95)

• At the start of the process, 1991/1992, PLO was not prepared for detailed negotiation with Israel including that on water.

• Also PLO did not have a negotiating team on water, and policy or strategy on water negotiation with Israel.

• The selected Palestinian team was devoted but mostly technical individuals from various institutions, without previous knowledge of each other, and without proper negotiating skills.

• All what was in hand is some archive files and reports prepared by various experts and sides. Data in those reports and papers was not verified or validated.

Palestinian/Israeli Water Negotiation (1993-95)

• Water negotiations on the transfer of authority on water in the Gaza Strip in 1995 went smooth

• Negotiation between Palestinians and Israelis on interim transfer of authority (of

water) in the West Bank started in Cairo Mid 1995 and continued for four months with difficulties in defining the terms of reference. These negotiations ended in Taba

• This agreement is what appeared in Oslo-B article 40 – Annex 3 (Oslo – B 1995). It was not an agreement addressing Palestinian water needs and problems on the contrary some of the articles in it harm the Palestinian cause such as the one talking about the future Palestinian water needs estimated at 70-80 mcm.

• This agreement was intended, that this accord is only valid for the transient-interim stage that will end in the year 2000 and the water issue at the end of that stage will be settled among the other pending issues such as Jerusalem, border, refugees, etc.

• This was a mistake and Palestinians as well as Israelis should not agree to

postpone important issues such as water to later times instead of facing and settling them at the start.

Palestinian Israeli Negotiating Differences on Water

• Problem Identification

• Peace definition

• Historic Facts

• Water Equity, Rights, and Needs

• Water Prior Use and Illegal Exploitation by Israel

• Water Supply to Jewish Colonies and Army Camps

• Water Infrastructure and Contractual Agreements

• Positive Realizations

• Palestinian Water Rights and National Sovereignty

Peace Building Risks, Effects, and Concerns

The overall Attitude

Multiplicity of Efforts

Going for Bold and Comprehensiveness in Agreement

Gradual in implementation

Peace Building or Aid Hunting

Extreme Events Management

During Negotiations and Pre Agreement Accomplishment

Post Agreement Setting

Peace Governance

Care about Ecology and the Environment not only Allocations

Concluding Remarks

• Continuing the past and present approaches of dealing with the Palestinian Israeli Conflict on land and water of historic Palestine will result in a serious harm to both people with different proportions and scales.

• Peace building process between Palestinians and Israelis including

national and shared water resources need to be well prepared.

• A bi-lateral negotiated long lasting just peace between the two sides including an agreement on national and shared water resources based on unified national rights, human values, and mutual living is the solution.

• Mutual living between Palestinians and Israelis under the same values

and criteria in peace and stability requires reaching a practical – long term solutions

Thank you for your Peaceful Attention