MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF A TEMPORARY INTERNATIONAL PRESENCE IN HEBRON
The Temporary International Presence in Hebron (hereafter referred to as TIPH) is established under the Agreement between Israel and the Palestine Liberation Organization on security arrangements for Hebron of 31 March, 1994 (hereafter referred to as "the Agreement"). The Agreement contains the terms of reference for TIPH, and sets out its mandate, in particular as set forth in para. A.3 of the agreement. Its area of operation will be in accordance with the attached map.
The participation of Denmark, Italy and Norway is limited to a period of three months. Any prolongation could only be considered in accordance with para. A.10 of the Agreement.
A. Organizational structure.
1. TIPH will consist of 90 members from Norway, 35 from Denmark and 35 from Italy. 60 shall be field observers, and the rest shall be office staff and support personnel.
2. All members of TIPH will operate under an integrated command structure. Office staff, support personnel and field observers shall have an equal status as members of TIPH.
3. The Head of Mission (hereafter referred to as "HOM") will be appointed by Norway. He will work in close cooperation with two Deputy Heads of Mission (hereafter referred to as "DHOM"). Important decisions on matters of principle or internal policy will be made by the three jointly. The HOM will have the authority to direct and instruct all personnel assigned to him as he may deem necessary to accomplish the mission.
4. The DHOM, with equal status, will be appointed one by Denmark and one by Italy. A staff of the TIPH will be established to assist the HOM and DHOM. The DHOM will primarily be responsible for personnel/logistical matters and operation/civil affairs respectively.
5. Each contributing country may appoint, among its personnel, contingent representative responsible for practical and administrative matters concerning his national contingent.
6. In the relationship between the TIPH contingents ultimate decision-making authority in TIPH matters remains with the Governments of the three participating countries. In matters which require decisions by the three jointly, consultations will take place urgently.
7. In the city of Hebron the members of TIPH will wear a white uniform with an emblem consisting of the letters TIPH. The 60 observers will also wear arm-bands marked OBSERVERS in English, Arabic and Hebrew.
8. TIPH will provide its members with an ID card in English, Arabic and Hebrew.
9. The working language of TIPH is English. Qualified interpreters will be TIPH employees from the contributing countries.
10. TIPH headquarters and accommodations will be established in premises in the city of Hebron.
B. Operational guidelines
1. As foreseen in the Agreement, TIPH will maintain close coordination with the Mayor of Hebron and the Head of the Civil Administration in the District of Hebron.
2. TIPH will elaborate daily situation reports based on human rights standards. TIPH will report to the Joint Hebron Committee according to para. 5 in the Agreement. these situation reports could also be forwarded to the Chair of the Ad Hoc Liaison Committee of donors (hereafter referred to as "AHLC"). The Chair of AHLC will promptly transmit these reports to each fo the contributing countries. TIPH will report every second week to the Joint Israeli Palestinian Liaison Committee and to the AHLC).
3. Members of TIPH will enjoy freedom of movement for the performance of their tasks in the city of Hebron. In case of any restrictions in accordance with paragraph A.7 of the Agreement, orders to that effect must be approved by the military commander of the Hebron area. Such restrictions will always be reported from the TIPH to the chair of the AHLC, to the Joint Hebron Committee and to the Joint Palestinian Israeli Liaison Committee. Members of TIPH will not enter privately held areas in the city of Hebron or military camps and security installations without specific permission from the holder or from qualified military security personnel.
4. In order to execute its mandate, TIPH will establish the necessary links and modalities of cooperation with the ICRC regarding prisoners and their records.
5. As a basis for its reporting activities (not for public use), TIPH may use necessary equipment, including photo and video equipment.
6. For the purpose of entering and leaving the area the necessary arrangement swill be made according to the Agreement.
7. Members of TIPH will not interfere in disputes or incidents. Disputes or incidents will be reported immediately to HOM.
8. Internal safety measures will be taken, after appropriate coordination, by TIPH to protects its personnel in their functions on and off duty.
C. Logistics and Support
1. The TIPH will set up an internal communication network (mobil-transceivers, in all vehicles and to members of TIPH). It will also be provided with an external communication set up: Telephones, fax and satellite communication. The Israeli authorities will allocate the necessary frequencies.
2. A logistics and support organization will be set up, including the necessary staff and equipment.
3. In meeting the logistical needs, such as housing, food, fuel, repairs, medical services etc. the TIPH may make use of local resources. The employment of local personnel will be coordinated through the Joint Hebron Committee.
4. All TIPH vehicles will be equipped with special license plates. TIPH vehicles used for the performance of its function in the city of Hebron will also be marked with emblems. TIPH vehicles will carry only members of TIPH.
D. Privileges and immunities.
1. In the area of, and in connection with its activities, TIPH shall enjoy such privileges and immunities as are necessary for the fulfilment of its task including immunity of its premises. Similarly it shall enjoy privileges and immunities necessary for the Independent exercise of its functions.
2. Members of TIPH shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions in their official capacity, including the time spent on journeys in connection with their mission. In particular they shall be accorded:
a) Immunity from personal arrest or detention and from seizure of their personal baggage;
b) In respect of words spoken or written and acts done by them, immunity from legal process of every kind. Such immunity shall continue irrespective of the cessation of their mission.
c) For the purpose of their communications with the respective Governments, the right to use codes and to receive papers or correspondence by courier or in sealed bags. No official communication directed to the TIPH or to any of its staff members, nor any outward official communication of the TIPh, by whatever means or in whatever form transmitted, shall be detained in any way or suffer any interference with its confidentiality;
d) The same immunities and facilities in respect of their personal baggage as accorded to diplomatic envoy;
3. Privileges and immunities are granted to members of TIPH in the interest of the fulfilment of the Hebron Agreement and not for the personal benefit of the individuals themselves. The immunity of any staff member may be waived by the sending State.
4. The States participating in TIPH and members of TIPH shall not be liable for any act or omission performed under the terms of this MOU, except in case of gross negligence or willful misconduct.
E. Final Provision.
This Memorandum of Understanding enters into force on the date of its signature, and shall, subject to the provisions of paragraph D 2 b, remain in force for the 3 months duration, or any agreed upon prolongation, of the Temporary International Presence in Hebron.
Done at Copenhagen, 2 May 1994 in three originals in the English language.
For the Government of Denmark
For the Government of Italy
For the Government of Norway