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"As is" reference - not a United Nations document

Source: Israel
4 June 2005



Prime Minister's Office
Communications Department

Addendum C – Format of the Preparatory Work for the Revised Disengagement Plan


1. A process of relocation involves many significant personal repercussions for the relocated residents. In implementing the plan, the Government of Israel is obliged to consider the implications for the relocated residents, assist them, and ease the process for them as much as possible. The difficulties and sensitivities involved in the process must be born in mind by the Government and by those who implement the process.

2. The Government of Israel attributes great importance to conducting a dialogue with the population designated for relocation, regarding various issues relating to the implementation of the plan – including with respect to relocation and compensation – and will act to conduct such a dialogue.

Establishing an Organizational Framework

3. An organizational framework will be established with the purpose of addressing and assisting in all matters related to the implementation of the plan. 4. The Ministerial Committee for National Security (The Security Cabinet) will accompany and direct the Revised Disengagement Plan, including acceleration of the construction of the Security Fence, with the exception of the decisions concerning relocation (Article 2.A (2) and (3) in Addendum A).

The Security Cabinet will be responsible for the implementation of this Government Resolution.

5. A Steering Committee is hereby established that will be responsible for coordinating the issues pertaining to the Revised Disengagement Plan. The Steering Committee will report to the Security Cabinet on its activities, and bring before it issues which require a decision by the political echelon. The Steering Committee will include the following members:

One. Head of the National Security Council – Chairman
Two. Representatives of the Ministry of Defense, the IDF and the Israel Police
Three. Director-General of the Prime Minister’s Office
Four. Director General of the Ministry of Finance
Five. Director General of the Ministry of Justice
Six. Director General of the Ministry of Foreign Affairs
Seven. Director General of the Ministry of Industry, Trade and Labor
Eight. Director General of the Ministry of Agriculture and Rural Development
Nine. Director General of the Ministry of National Infrastructures
Ten. Director General of the Ministry of the Interior
Eleven. Director General of the Ministry of Construction and Housing

6. A Committee on Relocation, Compensation, and Alternative Settlement is hereby established which will be charged with the task of preparing legislation regarding relocation and compensation, as well as details of the principles and indexes for compensation, including incentives, advance payments, and compensatory aspects of relocation alternatives in priority areas, in accordance with Government policy. The Committee’s recommendations will be presented to the Security Cabinet and serve as a basis for the draft bill on this issue. This committee will constitute the exclusive authorized body for the coordination and conducting of dialogue with the population designated for relocation and compensation, and with all other bodies related to the issue of compensation – until the completion of the legislation. The Committee will be able to establish professional sub-committees, as it deems necessary, for the sake of fulfilling its tasks. The committee will include the following members:

One. Director General of the Ministry of Justice – Chairman
Two. Representative of the Ministry of Finance
Three. Representative of the Ministry of Industry, Trade and Labor
Four. Representative of the Ministry of Agriculture and Rural Development
Five. Representative of the Prime Minister’s Office

7. The Jewish Agency for Israel, as a body involved in settlement, will act in accordance with instructions from the Steering Committee and in coordination with the Committee on Relocation, Compensation and Alternative Settlement. The role of the Jewish Agency will be to carry out the activities required for alternative settlement, either agricultural or communal, for those among the relocated civilian population who so desire.

8. a. An Executive Administration is hereby established in the Prime Minister’s Office which will be subordinate to the Steering Committee. Its task will be to implement this Government Resolution with regard to the relocation of civilians and compensation.

Two. The Executive Administration will be authorized to grant advance payments to those eligible for compensation – which will be counted against the compensation to be owed to them – according to terms that will be determined by the Committee on Relocation, Compensation, and Alternative Settlement, and in accordance with the instructions and procedures established by the said Committee.

Three. The Head of the Executive Administration will hold the rank of Ministry Director General.

9. All Government ministries and other governmental bodies will forward, without delay, all information required for the aforementioned organizational frameworks to fulfill their tasks.

Legislation

10. a. The Ministry of Justice will formulate and the Prime Minister will submit, as soon as possible, a draft bill to the Ministerial Committee for Legislation, which will include provisions regarding relocation and compensation for those eligible, as well as the authority necessary for this purpose.

Two. Soon thereafter, the Government will submit the bill to the Knesset.

Three. The IDF Military Commanders in the Areas will issue the Security Legislation necessary for the implementation of the Government’s Resolutions.


Budget

11. a. Within one month of the adoption of this Resolution, the Director of the Budget Division of the Ministry of Finance, in coordination with the Director General of the Prime Minister’s Office and the Director General of the Ministry of Justice, will allocate the required budget and other resources necessary for the Steering Committee, the Committee on Relocation, Compensation and Alternative Settlement, the Executive Administration and the Jewish Agency to carry out their activities.

Two. The 2005 Budget and subsequent budgets will be adjusted periodically to conform with the process and Government Resolutions on this issue.

Three. For the sake of commencing its activities, the Executive Administration will be allocated, in the first stage, 10 staff positions.


Transition Instructions

12. During the interim period from the date this Resolution is passed, the following instructions will apply to the towns, villages and areas included in the plan (hereafter – the towns and villages), for the purpose of making preparations on the one hand, while maintaining normal and continuous daily life on the other:

One. Municipal and communal activities related to the course of normal life and services to which residents are entitled will continue unaffected, including services provided by the regional council, as well as security, education, welfare, telecommunications, mail, public transportation, electricity, water, gas, petrol, health services, banks and all other services customarily provided to towns and villages prior to this Resolution.
Two. Government plans for construction and development that have yet to commence will not be advanced for implementation.
Three.
Four. Nothing stated in this Resolution is intended to undermine Government Resolution no. 150, dated August 2, 1996, regarding other areas. The aforementioned Government Resolution no. 150 will also apply to towns and villages for the purpose of approval prior to planning and land allocation.

Exceptional Cases Committee

13. An Exceptional Cases Committee will be established which will be authorized to permit the implementation of any plan which was frozen, in accordance with the provisions above, and authorized to decide not to advance plans even if their implementation has already commenced, following an examination of each individual case, and in keeping with criteria that it shall establish.

The Exceptional Cases Committee will be headed by the Director General of the Prime Minister’s Office, and will include the Directors General of the Ministries of Finance and Justice.

Decisions of the Exceptional Cases Committee may be appealed to the Security Cabinet, in any instance where they are brought before it by a member of the Government.

Principles for Compensation

14. a. The date which determines the right for compensation is the date of the adoption of this Government Resolution.

b. Those entitled to compensation will receive fair and suitable compensation, as will be set out in the law legislated for this purpose.


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