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The Fatah-Hamas Reconciliation Agreement 

Tuesday, 03 May 2011 20:37 Shlomo Brom 

 
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INSS Insight No. 253

The Egyptian announcement of April 27 that Fatah and Hamas reached an
agreement on reconciliation took many people by surprise, including many
Palestinians. Israel and the United States, who have factored the rift
between Fatah and Hamas as a central element in their policies, were
likewise surprised. Against this background, several major questions about
the reconciliation agreement emerge. What moved the parties to change their
positions and reach an accord? Have they really succeeded in bridging the
main gaps in their positions, or have they only postponed discussion of the
gaps and disagreements? What will the ramifications of this step be for the
policy of other actors, especially Israel and the United States? This
article attempts to answer these questions, even though the details of the
agreement have not yet been published.

It appears that the combination of events in the Arab world and the deadlock
in the negotiations with Israel prompted the change in positions. At this
stage it is clear that the party that bore the main brunt of concession,
which made the agreement possible, was Hamas: the Egyptian proposal accepted
by both parties was presented already in October 2010, on the basis of
Abbas' ideas, and on October 14, Fatah agreed to it. At the time Hamas
rejected it out of hand; it has now changed its position, apparently because
it is not at all sure that the developments in the Arab world are to its
benefit. While they have brought about the fall of the Mubarak regime, which
was hostile to Hamas, and they are liable to strengthen the parent Muslim
Brotherhood movement in Egypt, the revolution that toppled the regime and
the protests in other countries have been led by liberal secular elements
that do not embrace the ideology of political Islam. Rather, they have
highlighted the problem of the Arab regimes' lack of public legitimacy and
its ramifications.

>From this point of view, Hamas finds itself in a position of weakness.
Although it won the Palestinian Legislative Council elections in 2006, the
term expired and no new elections have been held. The Hamas government in
the Gaza Strip, like other authoritarian Arab regimes, rules through force
while relying on Hamas' security apparatus. At the same time, periodic
surveys indicate a decline in support for Hamas, especially in the Gaza
Strip. Hamas fears that the uprisings in the Arab world, evidence that the
public has overcome the fear of the regime security apparatus, will bring
about a similar uprising against it. This fear is reflected in the brutal
suppression of demonstrations that were held in the Gaza Strip in favor of
national reconciliation between Fatah and Hamas (in contrast to the
Palestinian Authority's government, which handled similar - albeit smaller
demonstrations - in the West Bank in a more sophisticated manner). In
addition, the events in Syria indicated to Hamas that it might lose its base
of support there, and therefore prompted a drive to strengthen ties with the
new regime in Egypt by responding positively to its mediation proposals.

>From Hamas' point of view, the deadlock in the peace process has removed an
obstacle to a reconciliation agreement, since Abbas insisted that even after
the reconciliation agreement, he would continue negotiations with Israel on
a permanent agreement. If the negotiations are in any case not viable, Hamas
does not need to fear a concession on this issue.

For his part, Abbas did not have much choice but to accept an agreement that
was based on his proposals of several months ago. Even if he had counted on
Hamas' not accepting these proposals, he cannot retract them without paying
a heavy political price in the internal Palestinian arena. Indeed, here the
storm in the Arab world has taken an interesting turn. The limited protests
and the demonstrations did not call to overthrow the regime, rather for
national reconciliation. Despite of the success of the Palestinian Authority
in handling the protests - in part by supporting national reconciliation and
related initiatives, such as Abbas' initiative to visit Gaza - the fear was
that the protests would spread if Fatah rejected the accord.

Here too the deadlock in the peace process had a significant impact.
Notwithstanding the self-confidence demonstrated by the Palestinians in the
success of their move in the international arena to achieve recognition of a
Palestinian state, they are not at all sure of themselves. The Palestinian
leadership is fearful of great expectations that are not met. Although the
General Assembly will support a Palestinian state in the 1967 borders by a
large majority, on the ground nothing will happen. The disappointment of the
Palestinian public is liable to cause serious harm to the Palestinian
Authority government and to support for Fatah. The reconciliation agreement
will preempt this, as in any case, from Abbas' point of view, there were no
prospects for progress with the Netanyahu government.

It is doubtful that the agreement reached by the parties in Cairo bridges
the main gaps in their positions. The two sides have agreed to the
establishment of a national unity government that will be a government of
technocrats, without political figures. They have agreed to hold
presidential and Legislative Council elections and elections for the PLO's
Palestine National Council (PNC) within a year. The elections will be held
by a central election committee of judges who are agreed upon by the two
sides. Hamas will join the PLO. In the meantime, security in the West Bank
will continue to be controlled by the Palestinian Authority and in the Gaza
Strip by Hamas. A joint security committee will be established that will
coordinate between the two sides. The political prisoners held by both sides
will be released.

However, as the saying goes, the devil is in the details. Even now the
question arises, who will be the prime minister? Abbas will want Salam
Fayyad to continue as prime minister in order to satisfy the international
community. Hamas, which sees Fayyad as a bitter enemy, is liable to oppose
this. The two sides will aspire to achieve advantages in advance of the
elections and will fight over the makeup of the central elections committee.
What will be the system of elections to the Legislative Council? Fatah has
asked to change the system, which it sees as lending advantages to Hamas. A
main bone of contention concerns conditions for joining the PLO: Hamas
sought to receive a certain (high) percentage of representation in PLO
institutions even before the elections. How will the PNC elections be held?
This is a complicated question because of the need to hold them in the
Palestinian diaspora as well as in the territories. In spite of the
agreement on separate security control in the two areas, each side will
attempt to take advantage of the accord to establish a presence in territory
controlled by the other side. Will the prisoners be released? Abbas, for
whom the release of prisoners involved in terrorism is liable to cause
trouble with Israel and with the international community, has already
declared that the Palestinian Authority has no political prisoners. All
these elements could bring about the collapse of the agreement between the
two sides.

Israel and the United States now face a difficult dilemma. Their existing
policies aspired to bring about a state of affairs in which the situation in
the West Bank would be much better than in the Gaza Strip, which would in
turn reduce support for Hamas and increase support for Fatah. The
USadministration was also of the belief that effective negotiations that
would bring about the signing of a permanent agreement with the support of
the Palestinian public were an essential element of this approach. They
would theoretically level tremendous pressures on Hamas and then allow a
reunification of the two areas under the Palestinian Authority, willingly or
through force. This policy was problematic even before the reconciliation
agreement. Israel was not able to explain how the decline in support for
Hamas, mainly in Gaza, would bring about the fall of the Hamas regime, and
the United States failed to propel effective negotiations between the two
sides. In addition, Israel could not continue the blockade of Gaza following
the flotilla affair, and thus the economic situation in Gaza has gotten
better and the quality of life has improved.

The problematic nature of this situation has now been heightened by the
Fatah-Hamas agreement. It appears that initially at least the parties are
exhibiting conditioned reflex responses. The Israeli government has leveled
empty threats against Abbas that it will not hold negotiations with him when
there are no negotiations, but it has also directed a real threat that it
will stop the flow of tax monies to the PA. In the United States, threats
have been made, mainly in Congress, about possible harm to financial aid to
the Palestinian Authority. Other voices have been heard in the international
arena, including from the European Union and the UN representative to the
region, in support of the Fatah-Hamas agreement.

Israel and the United States will have to decide whether there are only
risks latent in this agreement - mainly the risk of Hamas taking over the
Palestinian Authority, including the West Bank - or if there are
opportunities. If the agreement is a result of Hamas weakness and not a sign
of its strength, it is worth examining whether it is possible to create a
situation whereby the president of the Palestinian Authority and the
government of technocrats continue to maintain their present relationship
with Israel, and Hamas is forced to swallow this and cooperate with a
process that is ultimately liable to threaten it. Abbas himself hinted at
this possibility when he said that the negotiations with Israel are not the
responsibility of the Palestinian Authority government, but of the PLO, and
that he, as head of the PLO, intends to continue them even after the
establishment of the unity government. Participation in the Palestinian
government and the holding of elections will also create more serious
pressure on Hamas to work for quiet in the Gaza Strip, which in turn can
help advance the diplomatic process. It appears that the Obama
administration has elements that could support this approach; it is doubtful
that there are counterparts in the current Israeli government.

The Institute for National Security Studies <http://www.inss.org.il/heb/>
(INSS) is an independent academic institute that studies key issues relating
to Israel's national security and Middle East affairs. Through its mixture
of researchers with backgrounds in academia, the military, government, and
public policy, INSS is able to contribute to the public debate and
governmental deliberation of leading strategic issues and offer policy
analysis and recommendations to decision makers and public leaders, policy
analysts, and theoreticians, both in Israel and abroad. As part of its
mission, it is committed to encourage new ways of thinking and expand the
traditional contours of establishment analysis.

 



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