Despite the temporary freeze by Israel in the implemention of the
Wye River Memorandum, delaying further progress in the
Israeli-Palestinian peace process, Palestinian self-determination
is inevitable. What requires discussion are the intermediate and
final forms this self-determination would or should take. While
there is a continuum of options, we will concentrate on
three:
1. the establishment of an independent Palestinian state in all, or
nearly all, of the West Bank and Gaza (WBG), with minimal
cooperation and/or coordination with Israel, i.e., separation (the
Beilin - Abu-Mazen Plan);
2, an independent Palestinian state joining Israel in a
confederation, which is a political and economic union of these two
sovereign statesl; and
3. binationalism which, while having several possible forms, is a
close and equitable union between the parties, whether as a single
unitary state, or in the form of a federation, territorially or
ethnically based.
In this discussion, an independent Palestinian state is assumed,
whether as a final-status solution (i.e., separation), or as a
stage towards a closer interdependent relationship with Israel
(i.e., confederation or binationalism).
Separation
The separation option is supported by forces both in the occupied
Palestinian territories and in Israel. Above and beyond the
political separation (the two¬state solution), some of these
forces (mainly Palestinian) express their preference for minimal
economic relations, infra structural coordination and security
cooperation between the two states.
An analysis of this option would point to the undesirability and
impracticality resulting from near-total separation through
final-status talks. Issues which under attempted separation would
become real problems, under confederation or binationalism would be
more easily resolved to the satisfaction of both sides. These
include the following:
• the status of Jerusalem (e.g., possible shared rule);
• the existence of Jewish settlements in the WBG;
• the equitable sharing of water (to minimize
disputes);
• open movement of people and goods (e.g., employment and
trade);
• security-related questions;
• infrastructure cooperation; and, especially,
• territorial disputes.
Canfedera tian
If separation is minimized, for instance, through the establishment
of an economic union, to be developed from an equitable customs
union, and through the establishment of certain common political
institutions, such as common central governmental institutions -
excluding the military forces and foreign affairs - then a
confederation can be formed.
In a confederation, stress is placed on the independence of the
constituent states - as contrasted with a federation, in which the
stress is on the supremacy of the central government. Thus a
federation (or binationalism) is
1. While Jordan may be a likely candidate to join a bilateral
confederation, converting it into a trilateral one, this will not
be further considered in this paper since Israeli¬Palestinian
relations are the core of the problem.
a closer union than a confederation. Also a confederation can, by
design, be open to additional states joining at a later stage, as
has happened in the development of the European Union. In the case
of Israel and Palestine, the confederation can be expanded to
include Jordan as a first step.
In a confederation both (or eventually all) states maintain their
independence while benefiting from common markets and common civil,
political and social institutions. The Palestinians can benefit
from full access to the Israeli market, sources of employment, and
technology, including easier access to the West. Israel, too, will
benefit. With many of the above¬mentioned problems out of the
way, it will have to spend less on defense and will have access to
the Middle East. Both Israel and Palestine will profit from
increased international investment and the termination of
hostility. All this can lead to a brighter future via an important
reduction in tensions and a corresponding improvement in the
economy and the standard of living of both sides.
To conclude this section, here are some historical notes. The
present European Union - basically a confederation of sovereign
European states¬began when France and Germany, after three
wars and nearly a century of enmity, decided, shortly after the
Second World War, to develop economic cooperation through a
coordinated policy, i.e., the "Iron and Steel Community." The
European Economic Community, which was much more than a common
market, was subsequently established in 1957. It continued to
develop both into a closer relationship between the existing
members and in the expansion of its membership.
In its process of development, the first 13 colonies of the United
States declared their independence in 1776. In 1781, the Articles
of Confederation were signed, establishing a confederation of
sovereign states which lasted eight years. This was followed by the
drafting and endorsement of the U.s. Constitution in 1789,
establishing the present federal union - with the individual states
giving up their sovereign status. It should be noted that one of
the achievements of the Confederation was the settling of
territorial disputes and the determination of state
boundaries.
Another example of a confederation evolving into a federation is
the Swiss Confederation - today really a federation of cantons. The
nucleus of the confederation was established in 1291. Its present
boundaries were established in 1815 and its federal status
determined in 1847.
Binationalism
What the central ideology of both Israeli-Jews (Zionism) and of
Palestinian¬Arabs (Palestinian nationalism) have in common is
their respective objective or ideal of having the "whole land of
Israel" (Eretz Israel) or the "whole of Palestine" (from the sea to
the Jordan) belonging to them. The only way that both nations can
achieve their aim is through a binational entity, i.e., a federal
union. An equitable (equal power-sharing) binational
Israeli-Jewish/ Palestinian-Arab entity could eventually evolve and
be established by mutual agreement. Binationalism involves a
consociationaF arrangement in which political equity is assumed and
social and economic equity aimed at. Equity regarding immigration
is also required both for Jews and Palestinians from their
respective diasporas - Le., a "law of return" for both Jews and
Palestinians.
A binational political entity can be achieved through the gradual
evolution of a confederate arrangement or directly from two
separate states. The former is a more likely scenario and it might
take several forms:
2. Consociation refers to different groups getting along together
and cooperating in a single framework.
• a unitary state with full civic equality for all residents,
irrespective of their ethnicity, i.e., a state for all its
citizens. While containing mainly two peoples, this form does not
have a binational structure and, thus, does not meet the objectives
of the two nations and is unlikely to be achieved;
• the creation of mini-cantons, involving several for each
group of Jews and Arabs, with separate cantons for Israel's Arab
minority and, possibly, with the inclusion of mixed cantons within
a federal structure, along the Swiss model- this is also
unlikely;
• the setting up of two equal autonomous non-territorial
national frameworks for each of the two ethnic groups, within a
federal framework (Ottoman millet system) - this is possible but
difficult; and finally
• the establishment, along the Belgian model, of two
autonomous separate units (three if a separate joint one is set up
for Jerusalem), within a federal state - this is an eventual
possibility,
Hence, the most likely option, but only ultimately, is the Belgian
model, with each substate having rights for all its residents. In
this case, Jews would have equal rights in the Palestinian state
and Palestinians would have equal rights in the Israeli state, thus
minimizing the crucial importance of borders. This form can evolve
from a confederation and would aim at the protection of the rights
of both peoples - Jews and Arabs - as well as the safeguarding of
social and economic equality.
Summary and Conclusions
Several political options were discussed for final-status
arrangements between Israel and the Palestinians. Full separation
was considered and rejected for being difficult to implement and
for causing the Palestinian:;, and to a lesser extent the Israelis,
demographic, economic and political problems.
Confederation following Palestinian independence was considered to
be both a desirable and feasible option for the two entities. In
such a confederal union, both states would maintain their
independence while benefiting from open borders, common markets and
common civil political and social institutions. They would also
benefit from improved economic and political relations with other
countries in the region, as well as with the rest of the
world.
Binationalism in the form of an equitable federal union which would
evolve gradually from a confederation over a period of many years
was also considered to be a viable long-term ideal or objective.
This would result in the achievement of most of the natipnal
objectives of both peoples.
Note also, we consider that at an early stage of confederation,
Jordan would become a member, converting the arrangement into a
trilateral confederation. This would eventually be open to other
neighboring states.
Finally, further research should be conducted and/ or a
Palestinian-Israeli brains trust should be established to explore
and formulate more detailed future joint Israeli-Palestinian
options.
1. While Jordan may be a likely candidate to join a bilateral
confederation, converting it into a trilateral one, this will not
be further considered in this paper since Israeli-Palestinian
relations are the core of the problem.
2. Consociation refers to different groups getting along together
and cooperating in a single framework.