Order Code IB92052
Issue Brief for Congress
Received through the CRS Web
Palestinians and Middle East Peace:
Issues for the United States
Updated November 14, 2002
Clyde Mark
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
The United States and the Palestinians
U.S. Policy Toward the Palestinians
Refugees and Terrorists
Recognition
Current Relations
U.S. Aid for the Palestinians
Wye Agreement Funding
Other Assistance
Congress and the PLO
Palestinian Statehood
Current Negotiations Between Israel
and the Palestinians
Unresolved Issues in the Palestine Problem
Jerusalem
Boundaries
Israeli Settlements in the Occupied Territories
Compensation/Repatriation for Palestinian Refugees
Demilitarized Zones and Peacekeeping Forces
Palestinians and the Peace Process
The Palestine Liberation Organization and Palestinian Representation
Opposition
The Palestinian Entity
Government
Police
Economy
Other Aspects of the Palestinians
Terrorism
Intifadah, 1987
Palestine Refugees and UNRWA


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Palestinians and Middle East Peace: Issues for the United States
SUMMARY
The United States began contacts with
rized zones, water and natural resource shar-
the Palestine Liberation Organization (PLO)
ing, population exchanges, economic coopera-
in December 1988, after the PLO accepted
tion, diplomatic relations, and the status of
Israel’s right to exist, accepted U.N. Resolu-
Jerusalem. Then on August 19, 1993, Israeli
tions 242 and 338 that call for an exchange of
and PLO representatives initialed a secretly
land for peace, and renounced terrorism. The
arranged Declaration of Principles to guide
United States continues its contacts with the
future negotiations. On September 10, the
PLO and the Palestinian Authority elected in
PLO and Israel exchanged letters of mutual
January 1996, and is an active broker in the
recognition, and on September 13, the two
continuing Middle East peace process.
signed the Declaration of Principles, that
called for Israeli withdrawal from Gaza and
Congress gave the President the authority
Jericho, the election of a Palestinian Council,
to waive previously passed legislation
and negotiations for future withdrawals and a
prohibiting U.S. contributions to the United
permanent settlement in 5 years.
Nations from funding any PLO activities,
threatening to withdraw U.S. membership
On May 4, 1994, Israel and the PLO
from international organizations that recog-
signed an agreement providing for the Israeli
nize the PLO, prohibiting U.S. government
withdrawal from Gaza and Jericho (with-
employees from negotiating with the PLO,
drawal completed May 11, 1994). The Interim
and labeling the PLO a terrorist organization.
Agreement signed on September 28, 1995
The waiver authority was extended in P.L.
(also called Oslo II or the Taba Agreement),
104-107 (February 12, 1996), but expired
provided for elections for the 88-seat Palestin-
August 12, 1997. Congress also ordered
ian Assembly, the release of Israeli-held
closed PLO offices in Washington and New
prisoners, Israeli withdrawal from six West
York, although the New York office serving
Bank cities, and other issues. The Israelis
the U.N. remains open under a U.S. court
withdrew from the West Bank cities by the
decision.
end of 1995, and the Palestinian Assembly
was elected on January 20, 1996, and sworn in
In opening remarks to the Madrid confer-
on March 7, 1996.
ence on October 30, 1991, the Palestinian
delegation accepted transitional phases for the
Israel and the Palestinians agreed to an
peace process and accepted confederation of a
Israeli withdrawal from Hebron in January
Palestinian state with Jordan. Despite accept-
1997, and on October 23, 1998 signed the
ing confederation, most Palestinians want an
Wye agreement to meet previous commit-
independent Palestinian state.
ments. The peace talks stalled at Camp David
in July 2000, and remain suspended since the
The Israeli and Palestinian delegations
Palestinian uprising began in September.
did not appear to be making any progress in
Some 1,493 Palestinians and 585 Israelis have
resolving any of the issues: elections for an
died in the continuing confrontation. Also see
interim Palestinian administration, the future
CRS Issue Brief IB91137, The Middle East
national status of the West Bank and Gaza
Peace Talks.
Strip, borders, peacekeeping forces, demilita-
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On November 10, 2002, Binyamin Netanyahu, Israel’s new foreign minister and prime
minister candidate, told a Likud party audience that his first task after becoming prime
minister would be to expel Yasir Arafat from the occupied territories. Israeli elections for
the 120-seat Knesset are scheduled for January 28, 2003.

Palestinian gunmen killed five Israelis in a West Bank settlement on November 12. The
next day, Israeli tanks invaded Nablus in search of terrorists.
As of November 6, 2002, 1,646 Palestinians and 625 Israelis have died in the fighting
since September 2000.
BACKGROUND AND ANALYSIS
The United States and the Palestinians
U.S. Policy Toward the Palestinians
Between World War II and the 1991 collapse of the Soviet Union, U.S. policy toward
the Middle East was based on several broad goals, the most noteworthy of which were (1)
stop Soviet expansion into the region; (2) keep open the Middle Eastern lines of
communication and trade; (3) maintain Western access to Middle Eastern oil; (4) foster
democracy and free market economies; and (5) protect Israel’s security.
There appear to be many reasons why U.S. citizens have favored Israel: Israel and the
United States espouse shared Judeo-Christian principles; both countries were “pioneering”
in their early years; both countries are democracies; the United States has empathy for
Israel’s position as an embattled “underdog”; Israel and the United States opposed Soviet
expansion during the cold war years; the United States has sympathy for the experience of
European Jews in World War II; Jewish-Americans have a very effective pro-Israel political
support organization; and the United States is more aware of Israel’s point of view. In short,
Israelis “are like us.” Conversely, there is less empathy among Americans for Arab
viewpoints because Arabs are “not like us.” Eastern Arab culture (dress, food, music, art,
written and spoken language, religion) appears to have little in common with Western
American culture, and Arab-Americans in the past have tended to assimilate more than some
other ethnic groups and to avoid the public stage of advocacy for Arab causes.
Refugees and Terrorists. The United States, until recently, treated the Palestinians
as one of the problems to be solved in ending the Arab-Israeli dispute rather than as
participants in the peace process. From 1948 until the 1967 war, the United States, like many
other countries, considered the Palestinian people in the context of the refugee problem and
not as an independent national movement. Beginning with a series of terrorist incidents
starting in 1968, most added “terrorist” to the “refugee” image of Palestinians. President
Carter shifted the terrorist-refugee perception on March 16, 1977, when he said the
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Palestinians deserved a homeland, and on January 4, 1978, when he said that the Palestinians
had legitimate rights and should participate in any deliberations about their future. The
Camp David agreements of September 1978 mentioned “the legitimate rights of the
Palestinian people.” Early in the Reagan Administration, officials returned to referring to
Palestinians as “refugees” and “terrorists” and did not mention Palestinian rights or
self-determination. But in his September 1, 1982, Middle East address, President Reagan
said that the Palestinian problem was more than refugees.
Recognition. The United States changed its policy toward the PLO in 1988. In 1975,
one year after the Arab League stated that the Palestine Liberation Organization (PLO) was
the sole representative of the Palestinian people, Secretary of State Henry Kissinger informed
Israel that the United States would not recognize or negotiate with the PLO unless and until
the PLO recognized Israel and accepted U.N. Resolutions 242 and 338. Congress codified
the pledge into law (Section 535, P.L. 98-473, October 12, 1984), and added that the PLO
also must renounce terrorism. PLO chairman Yasir Arafat told the U.N. General Assembly
meeting in Geneva (because the United States would not grant Arafat a visa to attend the
U.N. session in New York) that the PLO recognized Israel, accepted U.N. Resolutions 242
and 338, and renounced terrorism. Secretary of State George Shultz stated on December 14,
1988, that the PLO had met the conditions stipulated by the United States, and that the
United States would open a dialogue with the PLO in Tunis, Tunisia, on December 16, 1988.
It was not made public why the Reagan Administration, considered by most to be pro-Israeli,
chose to open the dialogue with the PLO at that time. Some speculate that President-elect
George Bush asked President Reagan for the gesture as part of a Bush plan to address the
Arab-Israeli issue.
The United States maintained the dialogue with the PLO in Tunis until June 20, 1990,
when President Bush ended the talks because the PLO did not denounce an attempted
terrorist attack near Tel Aviv on May 30, 1990. President Bush announced on March 6, 1991
(in the wake of the Gulf war), that he would pursue Arab-Israeli peace negotiations; he
dispatched Secretary of State Baker to the Middle East where he met with Palestinian leaders
from the occupied territories. Baker’s 8 trips to the region and his contacts with the
Palestinians, Jordanians, Israelis, Syrians, Egyptians, and others led to peace talks in Madrid
on October 30, 1991. But at Madrid and the subsequent meetings, the United States (and
Israel) treated the Palestinians as part of the Jordanian delegation, not as a separate entity.
On September 10, 1993, following the Israeli-PLO mutual recognition, President
Clinton announced that the United States would resume the dialogue with the PLO. PLO
leader Arafat, representing the national aspirations of the Palestinian people, shared the
spotlight with Israeli Prime Minister Rabin and President Clinton at the signing of the
Declaration of Principles on the White House lawn on September 13, 1993. U.S. official
attitudes toward the Palestinians had evolved from seeing them only as refugees to according
them a form of recognition that approached, but did not reach, nationhood. Following a
pledge made at the Wye River conference, President Clinton visited Gaza to attend the
December 14, 1998 meeting of the PLO National Council, at which the Council voted by
show of hands to reaffirm that the PLO Covenant had been amended to remove anti-Israeli
references.
Current Relations. The White House refuses to meet with Palestinian President Yasir
Arafat because, in the Administration’s view, Arafat is not doing enough to stop terrorism.
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Assistant Secretary of State William Burns met with Palestinian officials during his late
October 2002 tour of the region when he presented the “quartet” (Europe, Russia, U.N., U.S.)
three-phase peace plan (see below, Current Negotiations).
U.S. Aid for the Palestinians
(See Table 4, U.S. Assistance to the West Bank and Gaza, at the end of this report)
At an October 1, 1993, Washington meeting, 46 donor nations pledged $2.4 billion for
the Palestinian entity. The U.S. Administration offered $500 million ($125 million in loans
or loan guarantees and $375 million in grants) over 5 years for economic development of the
Palestinian entity. Of the $125 million available in loan guarantees, only $3 million had been
drawn through April 2001. The United States provided only $36 million funding for the
Palestinian Authority through the Holst Fund of the World Bank. The remaining $339
million was delivered through private voluntary organizations (PVOs), and through USAID
contracts. No U.S. aid went directly to the PLO.
Wye Agreement Funding. On November 30, 1998, President Clinton told the
donors conference in Washington that the United States would provide $400 million in
grants for the Palestinians, $200 million of which would be provided in FY1999, $100
million in FY2000, and $100 million in FY2001. (The President also requested $1.2 billion
for Israel and $300 million for Jordan to implement the Wye Agreement.) Congress did not
include funding for the Wye Agreement in the Foreign Operations Appropriations bills for
FY2000 (H.R. 2606, S. 1234). The President vetoed H.R. 2606 in part because it did not
contain funding for the Wye Agreement. After negotiations with the White House, the
House of Representatives passed H.R. 3196 on November 5, 1999, that included the Wye
Agreement funding; $1.2 billion for Israel, $200 million for Jordan, $25 million for Egypt,
and $400 million for the Palestinians. H.R. 3196 was set aside and replaced with H.R. 3422,
which was included by reference in H.R. 3194, the consolidated appropriations bill passed
by the House on November 18, by the Senate on November 19, and presented to the
President on November 22, 1999. The $400 million Wye supplemental was in addition to
annual aid levels of about $75 million.
According to a State Department report presented to Congress in late October 1999, the
Wye funding for the Palestinians would be spent as follows:
Palestinians: $400 million
$100 million — Community Development (health, education, water, infrastructure, services)
$30 million — Rule of Law (law enforcement, human rights, train judges, prosecutors,
lawyers, etc.)
$10 million — Industrial Estate - West Bank
$100 million — Gaza Port, Gaza-West Bank passageway
$30 million — Scholarship Fund
$100 million — Janin-Nablus Road
$30 million — Contingency Fund
Other Assistance. On November 14, 2000, President Clinton requested an
emergency appropriation that included an unspecified amount for FY2002 for the
Palestinians to be drawn from $150 million to be shared among Egypt, Jordan, and the
Palestinians. The request submitted to Congress also included $450 million for Israel, $225
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million for Egypt, and $75 million for Jordan for FY2001, and an additional $350 million
for Israel for FY2002. The 106th Congress adjourned without acting on the request.
The supplemental appropriation for FY2002 (H.R. 4775, P.L. 107-206, signed on
August 2, 2002) includes $50 million in disaster relief assistance for the Palestinians,
primarily in response to damages inflicted during the April-May 2002 Israeli military
operations in Palestinian areas, particularly the city of Jenin. The section specifically
allocates the funds for the West Bank and Gaza and prohibits funding for the Palestinian
Authority.
(See CRS Report RS20895, Palestinians: U.S. Assistance, April 17, 2001, 6 p.)
Congress and the PLO
Congress stated its opposition to the U.N. special committee on Palestinian rights
(Section 614, P.L. 95-426, October 7, 1978), opposed U.S. participation in the International
Monetary Fund if the IMF granted membership to the PLO (Section 7, P.L. 96-389, October
7, 1980), and stated that U.S. funds contributed to the U.N. could not be used to support the
PLO (Section 154, P.L. 97-377, December 21, 1982). In 1984, Congress prohibited U.S.
government employees from negotiating with or recognizing the PLO unless and until the
PLO recognized Israel’s right to exist, accepted U.N. Resolutions 242 and 338, and
renounced terrorism (Section 535, P.L. 98- 473, October 12, 1984).
In 1987, Congress declared the PLO to be a terrorist organization and a threat to U.S.
interests, and ordered the PLO information office in Washington and the office of the PLO
U.N. mission in New York to be closed (Title X of P.L. 100-204, December 22, 1987). The
Department of State closed the Washington office, but the New York office remained open
after a judge ruled that the office was legal under the U.N. treaty signed by the United States.
The Washington office reopened in September 1993, after the PLO and Israel signed the
Declaration of Principles under waiver provisions in the Middle East Peace Facilitation Act.
The PLO office closed on August 12, 1997, when the Middle East Peace Facilitation Act
expired because the presidential waiver expired with the act. The PLO office reopened on
December 6, 1997, when the President exercised the waiver in Section 539(d) of P.L. 105-
118, the foreign operations appropriations law. The office remained open under subsequent
presidential waivers provided in the foreign operations appropriations bills. The Foreign
Operations Appropriations bill (H.R. 5410/S. 2779) currently in conference provides for a
6-month waiver in Section 534(d).) According to April 2002 press reports, the PLO was
evicted from its Washington office because it could not pay the rent.
In 1989, Congress added Title VIII, the PLO Commitments Compliance Act
(PLOCCA), to P.L. 101-246, signed into law on February 16, 1990, which repeated the
prohibition against negotiating with the PLO, stated the sense of Congress that the United
States should seek to prevent PLO involvement in terrorism, said the United States should
obtain an accounting from the PLO of several listed incursions into Israel, required the
Secretary of State to report to the Congress on the PLO explanation of the incursions, and
required the President to file quarterly reports on several listed PLO activities and positions.
The Secretary of State sent the first PLO Compliance Act report to Congress on January 11,
1994, stating that the PLO remained opposed to terrorism and that the United States would
continue the dialogue resumed on September 10, 1993.
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Following the signing of the Declaration of Principles on September 13, 1993, Congress
passed the Middle East Peace Facilitation Act (MEPFA) granting the President the authority
to waive sections of existing law that forbid contacts with the PLO, that prohibit the PLO
from opening an office in the United States, or that constrict providing aid to the PLO
through the United Nations. (The Middle East Peace Facilitation Act of 1993, P.L. 103-125,
October 28, 1993; amended and renewed several times, most recently in P.L. 104-107,
February 12, 1996). The current MEPFA and the President’s waiver authority expired on
August 12, 1997. The most recent combined MEPFA-PLOCCA report to Congress appeared
on January 12, 1997, covered both the PLO Commitment Compliance Act and the Middle
East Peace Facilitation Act, and found that the PLO was complying with its commitments.
The May 7, 2002 PLOCCA report does not include a determination that the PLO is
complying with its commitments.
In May 1997, Members of Congress threatened to cut U.S. aid to the Palestinians
because Palestinian leaders advocated applying a 1973 Jordanian law that called for the death
penalty for Palestinians who sold land to Israelis or Jews. On June 10, 1997, the House
passed by voice vote an amendment to H.R. 1757, the Foreign Relations Authorization bill,
that called upon Palestinian leaders to renounce the death penalty, and stated that the
President and Congress will consider Palestinian actions when considering renewal of the
Middle East Peace Facilitation Act that expired on August 12, 1997. Other Members of
Congress suggested cutting aid to the Palestinians because they believed that the PLO or the
Palestinian Authority incited recent terror attacks against Israel. News reports that an
internal PA audit released on May 25, 1997, disclosed corruption and waste prompted other
Members of Congress to question U.S. aid to the Palestinians. After allowing the Middle
East Peace Facilitation Act to expire on August 12, 1997, Congress added sections to the
Foreign Operations Appropriations bill, H.R. 2159, that gave the President waiver authority
similar to the MEPFA waivers. (See, for example, Sections 539(d), 552, and 566 of P.L. 105-
118, November 26, 1997, and Sections 553, 556, and 566 of P.L. 105-277 of October 21,
1998, or Section 538(d) of H.R. 3194 of November 19, 1999.)
Section 584 of P.L. 105-277 of November 21, 1998, and Section 578 of H.R. 3194 of
November 19, 1999, and Section 574 of P.L. 106-429 of November 6, 2000, prohibit any aid
funds for the Palestine Broadcasting Corporation (PBC). The United States provided about
$250,000 for training and equipment for the PBC in 1995 but withdrew the aid when it was
feared that Arafat would use the public station for political purposes. The United States
continues to help Palestinian journalists, but does not provide direct support to the PBC. The
ban on aid to the PBC is continued in Section 561 of H.R. 5410, the Foreign Operations
Appropriations bill for FY 2003 in conference.
The House of Representatives passed H.Con.Res. 426 by a vote of 365 to 30 on October
25, 2000; the resolution expressed solidarity with Israel and condemned Palestinian Arab
leaders for encouraging violence in the continuing confrontations that began following Likud
Party leader Sharon’s visit to the Haram al-Sharif/Temple Mount area of Jerusalem on
September 28.
Eighty-seven U.S. Senators and 209 Representatives signed similar letters to President
Bush on April 5, 2001, advising that Palestine President Arafat not be invited to the White
House until the Intifadah ended, that the Palestinian leadership was responsible for
orchestrating the Intifadah, and that the United States should stop aid to the Palestinians.
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P.L. 107-115 (H.R. 2506), the foreign operations appropriations bill for FY2002 signed
into law on January 10, 2002, requires the President to report to Congress on PLO
compliance with past commitments. If not in compliance, the President may close the PLO
office in Washington, designate the PLO constituents as terrorist groups, and/or limit
humanitarian assistance to the Palestinians.
The House passed H.Res. 392 by a vote of 352-21 with 29 “present” on May 2, 2002.
The bill states that the Palestinian leadership incites and supports terrorism against Israel.
The Administration opposed the bill because it could hamper U.S. efforts to mediate an
Israeli-Palestinian cease-fire. The bill vows U.S. solidarity with Israel and justifies Israel’s
use of force against the Palestinians. The Senate passed S.Amdt. 3389 to H.R. 3009, the
Andean Trade bill, the same day, also justifying Israel’s actions against the Palestinians.
H.R. 4693, introduced on May 9, 2002, finds that Arafat and the PLO are responsible
for terrorism against Israelis, states that it is the sense of Congress that Arafat and the PLO
should end support for terrorism, and imposes sanctions on the PLO and the PA.
Title VI of the Foreign Relations Authorization Act of 2002 (P.L. 107-228, H.R. 1646),
entitled the Middle East Peace Commitments Act of 2002, repeats many aspects of
PLOCCA, MEPFA, and the reporting requirements in the appropriations bills mentioned
above. Section 604(c) provides for a presidential waiver of the Act’s sanctions applicable to
the Palestinians.
Palestinian Statehood. On November 15, 1988, the Palestine Liberation
Organization National Council declared a Palestinian state with its capital in Jerusalem.
Some 100 nations recognized the new state even though it did not have a government or any
territory under its sovereignty. Despite the 1988 declaration, in February 1998, Palestinian
leader Arafat said he would declare a state unilaterally on May 4, 1999, the date set in the
1994 Gaza-Jericho Agreement for completing the permanent status talks. Later Arafat
delayed the declaration while Israel held its elections and during the negotiations that led up
to the Wye and Sharm al-Shaykh agreements, but he later renewed his intention to declare
the state, selecting September 13, 2000, the new date the two sides set for completing the
permanent status negotiations. The PLO Central Council announced on September 10, 2000,
that the declaration of statehood would be delayed pending the outcome of the current peace
negotiations, but the declaration is further delayed by the Intifadah. Israeli leaders oppose the
Palestinian declaration of statehood because they feel that the future status of the Palestinian
entity should be a subject in the talks.
Several U.S. Administrations have decried unilateral actions that could interrupt the
peace talks, and the Clinton Administration had cautioned Arafat not to declare a state
unilaterally. H.Con.Res. 24, passed by the House on March 16, 1999, and the Senate on
April 12, 1999, states that a unilateral declaration of Palestinian statehood would draw strong
congressional opposition and that the President should assert that a statehood declaration
would violate the Oslo accords. (Palestinian statehood is not mentioned in the Oslo
agreements.) The House voted 385 to 27 (with four present) on September 27, 2000, to pass
H.R. 5272, which would have cut off U.S. foreign assistance to the Palestinians if the
Palestinians declared a state without Israeli agreement.
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On September 24, 2001, President Bush said that a state of Palestine was part of the
vision for a future resolution of the Arab-Israel problem. The statement was reinforced by
other Administration spokesmen in the following months. U.N. Security Council Resolution
1397, passed by a vote of 14-0-1 (Syria) on March 12, 2002, included the phrase “two states,
Israel; and Palestine,” the first UNSC resolution to mention a Palestinian state. Observers
noted that the United States sponsored the resolution and voted in favor.
Current Negotiations Between Israel
and the Palestinians
Saeb Erikat and Israeli ministers Shimon Peres and Benyamin Ben Eliezar met with
U.S. Assistant Secretary of State William Burns on October 24, 2002, to discuss the
“quartet” peace plan (Europe, Russia, U.N., U.S.A.). During stage one of phase one, the
Israelis will end attacks on Palestinian cities, end house demolitions, end deportations, and
dismantle settlements established since February 2001, and the Palestinians will name a new
cabinet (done on October 29, 2002), name a Prime Minister, end violence against Israelis,
and consolidate the Palestinian police forces. During stage two of phase one, beginning in
2003, the IDF will withdraw to the September 28, 2000 lines and freeze all settlement
activity. The Palestinians and the Israelis will sign a new security agreement. The
Palestinians will hold elections for the Palestinian Legislative Council. (Elections for the
PLC and president are scheduled tentatively for January 20, 2003.)
Phase two will begin about May 2003. The quartet will establish a monitoring system
to monitor compliance with the agreement and will hold an international conference on
Palestinian economic recovery. The quartet also will sponsor negotiations for a Palestinian
state within provisional borders. During phase three, scheduled to begin in 2004, Israel and
the Palestinians will agree on a provisional Palestinian state and, by the beginning of 2005,
will resume negotiations for permanent borders, Jerusalem, refugees, settlements, and other
unresolved issues.
Unresolved Issues in the Palestine Problem
Jerusalem
Palestinians claim that Israel must withdraw from east Jerusalem, seized by Israel in the
1967 war along with the rest of the West Bank. Palestinians maintain that east Jerusalem
will become the capital of the Palestinian state. Israel, which has claimed Jerusalem as its
capitol since 1948, annexed east Jerusalem in 1967, and claims that Jerusalem’s status is not
negotiable. No other country recognizes Israel’s annexation of east Jerusalem.
The July 25, 1994 Jordan-Israel non-belligerency agreement states that Israel “respects
... the special role” played by Jordan in Muslim religious shrines in Jerusalem. Arafat had
stated in the past that the Palestinian entity would be responsible for non-Jewish religious
shrines in the holy city. The Jordan-Israel agreement appears to set the stage for a future
contest or cooperation between Jordan and Palestine over the religious sites.
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The United States has maintained a policy since 1967 that the future of the city must be
negotiated and cannot be decided unilaterally, and that the city should not be divided as it
was between 1948 and 1967. In 1990, Congress opposed the Administration position and
passed resolutions acknowledging that Jerusalem was the capital of Israel and should not be
a divided city (H.Con.Res. 290, passed on April 24, 1990, and S.Con.Res. 106, passed on
March 22, 1990). In 1995, Congress passed S. 1322 (P.L. 104-45, November 8, 1995) that
stated that the U.S. embassy should be moved from Tel Aviv to Jerusalem. The law provides
a presidential waiver if maintaining the embassy in Tel Aviv is in the U.S. national interest.
(See CRS Report 94-755, Jerusalem, dated February 25, 1995.) On July 27, 2000, President
Clinton told an Israeli interviewer that he favored moving the embassy to Jerusalem, but
signed waivers to keep the embassy in Tel Aviv. During the 2000 campaign, George Bush
said he favored moving the embassy to Jerusalem, but since becoming President has signed
waivers delaying the move.
Section 214 of P.L. 107-228, the Foreign Relations Authorization Act for FY 2003,
states that Congress maintains its commitment to moving the U.S. embassy from Tel Aviv
to Jerusalem, bans funds appropriated in the Act from being used to support the Jerusalem
consulate unless the U.S. ambassador to Israel has authority over the consulate, declares that
publications financed under the Act must list Jerusalem as the capital of Israel, and states
that any U.S. citizen born in Jerusalem may request that their birthplace be listed as Israel.
President Bush issued a statement on September 30, 2002, that he considered the section to
be advisory, not binding , and that the section interfered with his constitutional authority to
conduct the nations’ foreign relations. The statement also said that U.S. policy toward
Jerusalem remained unchanged, which implied that the United States holds that the future
of Jerusalem must be negotiated and not be decided unilaterally, as the Israelis have done.
Boundaries
The Palestinians would prefer a return to the boundaries recommended by the United
Nations in Resolution 181 of 1947, but since 1974, have accepted the 1948-1967 boundaries
between the West Bank/Gaza and Israel. The Shamir government (1988- 1992) claimed all
of the West Bank as part of Israel, and would have made the boundary the Jordan River. It
is not clear what compromise the Rabin-Peres government (1992- 1996) would have offered
or accepted.
The Palestinian-Israeli Interim Agreement, September 1995, partitioned the 2,200
square mile West Bank into a patchwork quilt composed of three different jurisdictions: Area
A, under full Palestinian control, about 1% of the total, was comprised of the seven largest
cities (excluding Jerusalem), primarily populated by Palestinian Arabs; Area B, under shared
Palestinian and Israeli control, about 27% of the West Bank, was comprised of Arab villages
around the cities; and Area C, under full Israeli control, about 72% of the total, was
comprised of Israeli settlements, so-called “state land,” highways, public areas, and Israeli
military bases.
Israel withdrew from the Area A cities in December 1995-January 1996 (and Hebron
February 1997) and a few of the Area B villages, leaving the Palestinian Authority in control
of about 3% of the West Bank. Israel also withdrew from 70% of the Gaza Strip, but
retained four areas where there are Jewish settlements. The Netanyahu government ceded
another 7% of the West Bank in November 1998, in keeping with the Wye agreement, but
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postponed further withdrawals until after the May 1999 election. The government of Ehud
Barak, sworn in July 1999, agreed in September 1999 to further withdrawals in September
and November 1999, and March 2000, that left about 18% of the West Bank in Palestinian
hands, 22% under shared Israeli-Palestinian control, and 60% under full Israeli control.
According to press reports in early May 2000, Israel offered to withdraw from a total
of 80% of the West Bank, withdrawing from 66% now and the remaining 14% after a couple
of years. Israel would annex the remaining 20%. The Palestinians rejected the offer. The
press reported on May 20 that Israel raised the offer to 90% of the West Bank, and an
unconfirmed rumor circulating in August 2000 said that the United States proposed that
Israel retain only 5% of the West Bank. Reports from the July 2000 Camp David talks said
the figures under discussion ranged from 90% to 97%. The Palestinians rejected the Israeli
Camp David offer because Israel retained sovereignty over all of Jerusalem – the Palestinians
sought sovereignty over Arab east Jerusalem – and because the Israeli proposal divided the
West Bank into three non-contiguous zones that would have impaired Palestinian
nationalism and stymied economic growth.
France and Saudi Arabia suggested in February 2002 that Israel exchange withdrawal
from the occupied territories for Arab recognition of Israel. It is not clear if the Saudi and
French proposals are for full withdrawal or if the extent of the Israeli withdrawal is
negotiable.
Palestinians consider the Golan Heights part of Syria, not Palestine, but the
Syrian-Israeli negotiations over the Golan may affect Palestinian-Israeli negotiations over the
West Bank and Gaza. Persistent rumors from Israel and unconfirmed reports from Syria
claim that the Rabin-Peres government agreed to withdraw from most of the Golan Heights.
The Netanyahu government elected in May 1996, appeared less inclined to withdraw from
Golan and not inclined to meet a commitment made by its predecessor government. Periodic
unconfirmed rumors circulating in Israel suggest that Israeli-Syrian talks continue in secret.
The United States has stated that boundaries should be negotiated and mutually
recognized, “should not reflect the weight of conquest,” and that adjustments in the pre-1967
boundaries should be “insubstantial.” The U.S. position acknowledges the Israeli need for
defensible borders (erase some of the anomalies along the 1948-1967 armistice lines) and
also acknowledges the Palestinian desire for a territorial entity separate from Israeli rule.
Israeli Settlements in the Occupied Territories
The Arab nations maintain that Israeli settlements in the occupied territories are illegal
under international law, specifically paragraph 6 of Article 49 of the Fourth Geneva
Convention on the Protection of Civilian Persons in Time of War, which states: “The
occupying power shall not deport or transfer parts of its own civilian population into
territories it occupies.” Israel maintains that Jordan’s 1950 annexation of the West Bank was
not recognized by the international community, and therefore is illegal. Egypt never claimed
the Gaza Strip. Israel maintains that the two regions are not “occupied territories,” and are
not subject to the Geneva Convention and rightfully belong to Israel. Many nations, as
reflected in the votes on several U.N. General Assembly and Security Council resolutions,
believe that Israel is the occupying power, that the Geneva Convention applies, and that the
Israeli settlements are illegal. United States’ spokesmen, such as Ambassador George Bush
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on September 25, 1971, Ambassador William Scranton on May 26, 1976, and Secretary of
State Cyrus Vance on March 21, 1980, have stated that the settlements are illegal. During a
December 16, 1996 news conference, President Bill Clinton agreed with the statement that
the settlements were obstacles to peace. President George Bush said on April 4, 2002, that
Israeli settlement activity in the occupied territories must stop.
Compensation/Repatriation for Palestinian Refugees
Palestinians argue that paragraph 11 of U.N.G.A. Resolution 194 of December 11,
1948, states that the Arab refugees have a choice between returning to the homes now in
Israel that they left during the 1947-1948 war, or receiving compensation for the lost
property. Israel argues that the Arabs abandoned their property voluntarily, and that the
international community should provide funding for resettling the Palestinian refugees in
Arab countries. Arabs claim the Jews drove them from their homes in 1948-1949. Some
Israelis counter with a claim for compensation for property abandoned by Jews who left or
were driven from Arab countries in the aftermath of the 1948-1949 war.
Israel claims that allowing Palestinian refugees to return to homes left in 1948-1949 or
1967 will destroy the Jewish nature of Israel. Palestinians claim the right of return is a matter
of justice encased in international law. The argument may be one of perception rather than
physically moving a number of Palestinians into Israel: by accepting the right of return, Israel
may be accepting blame for forcing the refugees out of their homes in the first place, and the
Palestinians may be more interested in such a confession of guilt than in the actual return to
abandoned properties. (See CRS Report RS20616, Middle East Peace: The Refugee Issue,
June 29, 2000, 6 p.)
Demilitarized Zones and Peacekeeping Forces
In the past, both Arabs and Israelis have accepted demilitarized zones and peacekeeping
forces stationed in the zones or along the borders, although Israel will not accept
peacekeeping forces in its territory. Many believe the Palestinians will accept demilitarizing
the West Bank/Gaza state they hope to form. Israel rejected a Palestinian suggestion that the
Israeli Defense Forces withdraw from the occupied territories to be replaced by an
international peacekeeping force to maintain order during the 5-year interim period, but Israel
did accept Temporary International Presence in Hebron (TIPH) in 1994 (primarily composed
of Danish, Norwegian, Swedish, Swiss, Italian, and Turkish police officers) to monitor the
boundaries between the 120,000 Palestinians and 450 Israeli settlers living in Hebron. Arafat
suggested, in September 1996, that the United States send a peacekeeping force to police
Hebron, but the suggestion was dismissed immediately by Israel and the United States. TIPH
announced it would pull out of Hebron on August 23, 2001, because of continuing
harassment by the Israeli settlers. The United States vetoed a U.N. Security Council
resolution on March 27, 2001, that would have created a U.N. observer force to monitor
Israeli actions against Palestinians in the occupied territories but signed the G8 foreign
ministers declaration on July 19 that endorsed monitors.
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Palestinians and the Peace Process
The Palestine Liberation Organization and
Palestinian Representation

The PLO was founded by the Arab League in 1964 (although some claim predecessor
groups date back to the 1950s). The PLO is an umbrella organization composed of many
constituent groups, the most prominent of which are the several military groups that have
been involved in unconventional warfare against Israel. Other groups represented within the
PLO are humanitarian agencies, welfare organizations, educational groups, medical
institutions, professional organizations, women’s groups, workers, and others. These groups
are represented in the Palestine National Council (PNC), the 600+ member parliament, in the
90-member Central Council, which acts as a steering committee when the PNC is not in
session, and the 18-member Executive Committee (four of whom resigned in opposition to
the Declaration of Principles), which acts as a cabinet. The PLO is supported by taxes
collected from Palestinian workers in Arab countries, from donations, from contributions
from other Arab governments, and from profits of PLO business enterprises. Several Arab
governments stopped their contributions to the PLO because of PLO support for Iraq’s
invasion of Kuwait in 1990.
In the past, Israeli leaders rejected the PLO as the Palestinian representative, claiming
that the PLO is a terrorist organization committed to destroying Israel. On September 10,
1993, Prime Minister Rabin and Chairman Arafat exchanged letters granting mutual
recognition.
Opposition
Not all Palestinians support the peace talks. A few Palestinians, primarily represented
by groups headquartered in Damascus, prefer to maintain the state of war until Israel is
defeated and the state of Israel is removed from the Middle East. Another group of
Palestinians reject the September 1993 PLO-Israel agreement because it does not provide for
an independent Palestinian state, does not call for an immediate and complete Israeli
withdrawal from occupied territory, ties the Palestinian economy to Israel, and did not
provide for immediate release of all Palestinian prisoners in Israeli jails. Among the groups
opposing the peace process are the Popular Front for the Liberation of Palestine (PFLP), the
Palestine Liberation Front (PLF), the PFLP-General Command (all in Damascus), and Hamas
in the occupied territories. The Democratic Front for the Liberation of Palestine (DFLP)
shifted to supporting the talks.
The Palestinian Entity
Government
On May 12, 1994, PLO Chairman Arafat named 15 members of a 24-person cabinet to
govern the Gaza/Jericho enclaves. On May 24, 1994, Arafat canceled all Israeli laws and
reinstated pre-1967 laws in Gaza and Jericho in an attempt to erase the Israeli occupation
presence. Under terms of the September 13, 1993 Declaration of Principles, the Palestinian
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cabinet assumed responsibility for health, education and culture, social welfare, direct
taxation, and tourism. The 88-seat Palestinian Authority (also called the Palestinian
Legislative Council or the Palestinian National Authority), elected on January 20, 1996, and
sworn in on March 7, 1996, and the 26-person cabinet named by President Yasir Arafat on
May 9, 1996, assumed responsibility over other functions of government except for security
and foreign relations, which Israel controlled through the 5-year interim and into the final
negotiating period. Arafat named a new 34-person cabinet on August 5, 1998, to avoid a vote
of confidence in the Palestinian Legislative Council, and on June 13, 2002, reduced the
cabinet to 21 members as part of his reform program. The cabinet resigned on September 19,
2002. Arafat called for municipal, PLC, and presidential elections in December 2002 or
January 2003. The United States and others have proposed that the Palestinians name a
prime minister as a way to sidestep Arafat’s authority, but Arafat opposes the suggestion.
The PLC passed a Basic Law in 1997, but Arafat did not sign the law until May 30,
2002. The Basic Law serves as a constitution, outlining the function of the PLC, the
President, the cabinet, and the electoral process.
Police. According to negotiations following the May 4, 1994 agreement, the
Palestinian enclaves were to be protected by a Palestinian police force drawn from the
Palestine Liberation Army (PLA) units stationed in Egypt, Jordan, and Iraq, and Palestinians
recruited from the occupied territories, Jordan, Egypt, Yemen, Tunisia, and other Palestinian
concentrations. The Palestinian police began arriving in Gaza on May 11 and in Jericho on
May 12, 1994, replacing the Israeli Defense Forces and Israeli border police. Other nations
have provided training (Egypt, Jordan, Great Britain, Iraq), vehicles (the United States
donated 200 light and heavy trucks, Russia donated armored vehicles, Greece donated 58
trucks), uniforms (Norway), communications equipment (Spain), anti-riot gear (Great
Britain), housing and offices (Japan and Germany), and cash (the United States $5 million,
European Union). The Palestinian police are supposed to cooperate with the Israeli police
in patrolling the borders and the villages, manning crossing points, and maintaining order.
Paragraph 3 of Article IV of Annex I of the Interim Agreement of September 28, 1995, states
that the Palestinian police force shall number 12,000 in the West Bank and 18,000 in the
Gaza Strip. According to Palestinian reports, there are about 30,000 uniformed Palestinian
police and another 3 to 4,000 clerical and support personnel. Israel claims that there are
between 36,000, and 40,000 Palestinian police in uniform; some Israelis claim there are
50,000 police. Israel destroyed most of the Palestinian police infrastructure during the Israeli
invasions of West Bank cities in April-May 2002.
Economy
Israel’s closure of the occupied territories has forced the near collapse of the Palestinian
economy. Israel has closed Palestinian borders with Egypt, Israel, and Jordan, and has
cordoned off Palestinian towns and villages to prevent traffic between Palestinian areas.
About 100,000 Palestinian workers cannot cross into Israel to jobs; the unemployment is at
50%, and gross domestic product has fallen by 50%. In its search for terrorist infrastructure,
the IDF has destroyed much of the water, electrical, telephone, and transportation systems
in Ramallah, Nablus, Jenin, and other West Bank cities. The Palestinian Authority relies
upon grants from the Arab states and the European Union to meet its payroll.
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Other Aspects of the Palestinians
Terrorism
Individual Palestinians and Palestinian military groups, both PLO and non-PLO, have
launched terror attacks against Israeli people and facilities. Palestinian terrorists also have
attacked people or institutions that, in the Palestinians view, support Israel, including U.S.
citizens, property, and installations. One of the conditions set by Congress in 1984 for
beginning a U.S. dialogue with the PLO was that the PLO renounce terrorism, which it did
in November and December 1988. But when the PLO refused to renounce the May 30, 1990,
attempted military landing near Tel Aviv, the United States broke off the dialogue. Israel
maintained that the PLO is a terrorist group. Until January 1993, any contact between an
Israeli or anyone under Israeli occupation and the PLO was a crime in Israel. Many
Palestinians view the attacks against Israel and its supporters as part of the legitimate
Palestinian armed struggle to secure Palestinian rights, and view Israeli attacks against Arab
civilians as terrorism. On October 8, 1999, the Democratic Front for the Liberation of
Palestine was removed from the State Department’s terrorism list after the DFLP had agreed
to rejoin the PLO and accept a peaceful resolution of the dispute with Israel.
Intifadah, 1987
In December 1987, an incident in the Gaza Strip touched off a continuing anti- Israeli
civil uprising throughout the occupied territories that left about 1,900 Palestinians and almost
400 Israelis dead through April 1996. Some claim the Intifadah succeeded because the
uprising compelled Israel to join the Madrid peace talks in October 1991. Others disagree,
claiming Israel joined the Madrid talks at the insistence of the United States.
Palestine Refugees and UNRWA
One-half of the world’s almost 8 million Palestinians live in Israel or under Israeli
occupation. About 1 million Palestinian Arabs live in Israel and are Israeli citizens, who may
vote and are eligible to serve in the Knesset (11 Arabs were elected to the Knesset in May
1996). The 3 million Palestinians in the occupied territories are not Israeli citizens and do
not vote in Israeli elections. Jordan granted citizenship to the Palestinians living in Jordan
but other Arab states have not offered blanket citizenship.
Of the 8 million Palestinians, 3.7 million are registered with the United Nations Relief
and Works Agency (UNRWA) as refugees from the 1947-1948 war. There is disagreement
over why the Palestinians became refugees: Israeli sources claim the Palestinians left their
homes voluntarily or because the Arab governments told them to leave; Arab sources claim
the Israelis forced the Palestinians to leave. UNRWA provides shelter, food, medical and
dental care, and education benefits for the 3.7 million Palestinian refugees from the 1947-
1948 war. Not all the registered refugees receive all the benefits; only 1.2 million live in 59
refugee camps scattered across Lebanon, Syria, Jordan, the West Bank, and the Gaza Strip.
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Table 1. Palestine Arab Refugees Registered with UNRWA
1950 Total
2000 Total
No. of
No. in
Countries
Registered
Registered
Camps
Camps
Lebanon
127,600
376,472
12
210,715
Syria
82,194
383,199
10
111,712
Jordan
506,200
1,570,192
10
280,191
West Bank

583,009
19
157,676
Gaza Strip
198,227
824,622
8
451,186
Israel
45,800



Total
960,021
3,737,494
59
1,211,480
Source: Report of the Commissioner-General for UNRWA, Supplement 13 (A/55/13) 2000.
Note: West Bank included in Jordan in 1950. UNRWA stopped operating in Israel in 1952, when Israel
resettled its Arab refugees.
The United States contributes to UNRWA through the refugee and migration account,
authorized in the State Department authorization bill and appropriated through the foreign
operations appropriations bill. U.S. contributions to UNRWA have not been earmarked in
past appropriations bills.
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Table 2. U.S. Contributions to UNRWA, 1950-2002
(millions of dollars)
Year
Amount
Cumulative 1950-1991
1,618
1992
69
1993
68
1994
78
1995
74
1996
77
1997
79
1998
78
1999
81
2000
89
2001
101
2002
100
Cumulative 1950-2002
2,514
Table 3. World Population of Palestinians, 1998
Jordan
2,328,308
West Bank (Israeli occupation)
1,596,554
Israel
953,497
Gaza Strip (Israeli occupation)
1,004,498
Lebanon
430,183
Kuwait 37,696
The Americas
203,588
Syria
465,662
Saudi Arabia
274,762
Egypt
48,784
Other Persian Gulf States
105,578
Iraq, Libya
74,284
All Other
264,792
Total
7,788,186
Source: Miftah.
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Table 4. USAID Assistance to West Bank & Gaza,
FY1975-FY2000
($ in thousands)
Fiscal Year
Actual/Est. Obligations
1975
$ 1,000
1976
1,572
1977
3,416
1978
2,687
1979
6,801
1980
3,000
1981
2,500
1982
6,000
1983
6,500
1984
8,500
1985
12,141
1986
13,950
1987
8,400
1988
6,911
1989
20,903
1990
12,618
1991
7,663
1992
7,074
1993
29,557
1994
56,769
1995
80,263
1996
64,306
1997
68,679
1998
60,685
1999
79,592
2000 (est.)
118,642
2001 (est.)
84,707
Total
$774,836
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