In the wake of the recent violent clashes between Hamas and Fatah, a conference for reconciliation and intra-Palestinian dialogue was convened on May 25, 2006, with Palestinian leaders from Hamas, the PLO, and other factions taking part.

In his opening speech at the conference, Mahmoud 'Abbas (Abu Mazen) called to establish a Palestinian state within the 1967 borders. 'Abbas further announced that if Hamas does not adopt the "National Accord Document" that was drawn up in May 2006 by Palestinian prisoners from several movements, he would put the document to a popular referendum. [1]

Following the deadlock in negotiations between the parties and Hamas' refusal to accept the National Accord Document, senior Fatah officials announced, on June 5, 2006, that Abu Mazen would, in the next few days, issue a presidential order for a referendum on the National Accord Document. On June 6, however, the PLO Executive Council announced that the decision on a referendum would be postponed for a few days.

The following are translated excerpts of Abu Mazen's speech at the reconciliation and dialogue conference, translated highlights from the National Accord Document, the Hamas response to Abu Mazen's speech and to the document, and, in the Appendix, a translation of the full text of the National Accord Document.

Abu Mazen Calls for a Just and Agreed-upon Solution to the Refugee Problem Based on UNGA Resolution 194

In his speech, Abbas said: "There is a general national consensus, from Hamas to the Communist Party, that we want a Palestinian state in the 1967 borders... This is what we can do right now, this is what we are offered right now, and we are not talking about dreams in hazy terms... We want an independent state with [territorial] contiguity in which it is possible to live, within the 1967 borders. We want to end the occupation, as stated in Bush's Road Map initiative." [2]

Abu Mazen also called for a "just and agreed-upon resolution of the refugee problem, in accordance with Resolution 194." He added: "We were right to place the refugee problem at the top of the agenda. For the first time in the history of the Arab-Israeli conflict, we emphasized Resolution 194, which many people have never [even] read, but [nevertheless] reject or accept without having read it... In my opinion, this resolution is even more valuable than Resolution 242, and it sheds light on the problem of the Palestinian refugees. The resolution states that those who do not wish to come back should be compensated. In other words, the [right of] return is a [primary] principle, and the legal principle [of compensation] comes later. When we say [a Palestinian state within] the 1967 borders [we mean] without any settlements. I am opposed to every brick that has been laid on our land since 1967. [3]

"We have only 10 [more] days for dialogue. The [Palestinian] problem cannot withstand [a longer delay]... The situation is unbearable... This is not a threat... [but] if you don't reach an agreement, I will put this document to a national referendum within 40 days... [and] we will ask the people... The people must have their say, otherwise we will continue to say... 'We must have everything - or nothing.' The homeland is in mortal danger. What do you choose?" [4]

It should be noted that upon the publication of the National Accord Document on May 11, Abu Mazen immediately announced that he "adopts the prisoners' ideas and positions, which reflect a profound and realistic political view." [5]

The National Accord Document

The National Accord Document, drawn up in May 2006 by Palestinian prisoners, was officially presented at the National Dialogue Conference by Ahmad Jbara Abu Al-Sukkar (known as the "most veteran prisoner"), who described it as a historic document that can provide a way out of the current crisis. [6]

The document was drawn up in the "Hadarim" Israeli prison by Palestinian prisoners from several movements: Marwan Al-Barghouti (Fatah), 'Abd Al-Khaleq Al-Natshe (Hamas), Mustafa Badarna (PLF), 'Abd Al-Rahim Malluh (DFLP), and Bassam Al-Sa'di (Islamic Jihad). [7]

The following are highlights from the document (a full translation of the document's 18 articles is provided in the appendix). [8]

The Political Program

"The Palestinian people in the homeland and in the diaspora seeks to liberate its land, to realize its right to liberty, return, independence and self-determination, including its right to establish an independent state with Jerusalem as its capital on all [territories occupied] in 1967, to secure the right of return for all the refugees and to liberate all the prisoners - based on the historical rights of our people to the Land of the Fathers, on the U.N. charter, on international law and on U.N. resolutions...

"Conducting negotiations is the prerogative of the PLO and the Palestinian president, based on commitment to the Palestinian national goals and their attainment. Any agreement of a crucial nature shall be subject to ratification by the new Palestinian National Council or by popular referendum, if possible....

"A Palestinian program for comprehensive political action must be formulated, with a unified Palestinian political message based on a national Palestinian consensus, on Arab legitimacy, and on U.N. resolutions that do justice to our people... in order to mobilize and reinforce the Arab, Islamic and international support... support for our people's right to self-determination, liberty, return, independence, and our right to resist the Israeli program that imposes an Israeli solution on our people as well as the unjust siege that oppresses us...

"The siege that oppresses our people, [a siege] that is led by Israel and America, must be resisted and condemned. The leaders and people of the Arab countries must be called upon to support and assist the Palestinian people, the PLO, and the PA. The Arab governments must be called upon to implement the political, financial, economic, and media decisions of the Arab summits which support our Palestinian people...

"Action should be taken to expand the activities and presence of the international committees for solidarity and the peace movements in order to support our people in its resolute stand and its just struggle against the occupation, the settlements, and the racist separation fence, at the political and local levels, and in order to implement the ruling of the Hague International Court of Justice concerning the removal of the fence and the settlements and [concerning] their illegitimacy..."

The Right of Return

"Efforts must be redoubled to support the refugees, assist them, protect them, and defend their rights. It is also necessary to convene a popular conference of refugee representatives which will emphasize the right of return and the commitment to it, and which will call upon the international community to implement [U.N.] Resolution 194, which stipulates the Palestinians' right of return and right to compensation..."

The Resistance

"The Palestinian people has the right to resist and to remain committed to the option of resistance by any means. The resistance should focus on the territories that were occupied in 1967, along with political and diplomatic activity and negotiations, and along with popular-public resistance against the occupation...

"It is necessary to establish a united resistance front, called the 'Palestinian Resistance Front,' which will lead the resistance, unite and coordinate the resistance activity, and form a unified political source of authority for it...

"The national interest obliges us to find the most appropriate methods and means to involve the public and the political forces in the newly [liberated] Gaza Strip in the campaign for liberty, return, independence and liberation of the West Bank and Jerusalem... The national interest obliges us to reassess the methods and means of fighting the occupation [in order to] find the most effective means [of doing so]...

"Liberating the prisoners by any means is a sacred national obligation..."

Domestic Issues

"A national unity government should be established to ensure the participation of all of the parties in the Legislative Council, and in particular the Fatah and Hamas movements and [other] interested political forces. [It should be established] on the basis of this document and a common program for bearing responsibility for the Palestinian situation on the local, Arab, regional and international [levels]...

"It is necessary to expedite the implementation of the Cairo agreement of March 2005 concerning the promotion and activation of the PLO, and the incorporation of Hamas and Islamic Jihad into the PLO... The national interest requires that a new [Palestinian] National Council be established before the end of 2006, in a manner that ensures the representation of all forces... The PLO should be retained as a broad front, as an inclusive national coalition, as a united national framework for the Palestinians in the homeland and overseas, and as the supreme political authority...

"It is necessary to maintain the democratic system, and to hold general elections for the Legislative Council and the Regional Councils, [elections] that are free, clean, and democratic according to law; to uphold the principle of peaceful transition of power; to remain committed to defending the Palestinian democratic experience; to respect the democratic elections and their results as well as the rule of law, the liberties, the freedom of the press, and the equal rights and obligations of all citizens, without discrimination. The achievements of women should be protected, promoted, and strengthened...

"The Palestinian people should be called upon to unite and join forces, and to support the PLO, the PA, the presidency, and the government. The resolute stand and the resistance to aggression and to the siege should be strengthened. Interference in domestic Palestinian affairs should be opposed...

"The Palestinian security establishment, and all its branches, must be reformed and modernized in order to improve their ability to perform their duties of defending the homeland and its people, confronting the [Israeli] aggression and occupation, maintaining security and public order, enforcing the law, and eliminating [the phenomena of] military chaos, [unofficial] armed men and armed parades...

"All divisiveness and anything leading to civil war should be eliminated. Any use of weapons to resolve internal conflicts should be condemned, whatever the justification. Weapons must not be used [in resolving conflicts] among Palestinians...

"The PA should be defended and strengthened as the nucleus of the future [Palestinian] state... The supreme national interest dictates that the PA's temporary constitution and its laws be respected. The responsibility and the authority of the president... must be respected, as well as the responsibility and authority of the government... A comprehensive reform in PA institutions should be carried out, particularly in the judicial system...

"The legislative council is called upon to continue passing laws that regulate the activities of the defense establishment and the [security] forces..."

Official Hamas Announcement: The Proposal is an Attempt to Bypass the Democratic Choice of the Palestinian People

Following Abu Mazen's speech, Hamas spokesman Sami Abu Zuhri issued an official Hamas announcement which stated: "...Regarding the referendum proposed by President Mahmoud Abbas in the opening session of the National Dialogue Conference, we in the Hamas movement clarify our position regarding [it] as follows:

"Raising this idea before the beginning of the dialogue constitutes an attempt to bring pressure on Hamas, with the aim of imposing a certain view and certain pre-conditions [upon the other side]. Moreover, presenting this idea means placing the responsibility for the failure of the dialogue, should it fail, upon the other sides. Focusing on the prisoners' document, rather than on other documents, is selective and unacceptable, since 'dialogue' means that all documents and ideas are [equally valid] for discussion...

"The suggestion of a referendum is [an attempt] to bypass the [democratic] choice of the people and the political program on the basis of which Hamas won the recent PLC elections. Why are we now bypassing the Legislative Council and proceeding directly to a referendum, when this was never done in the past?" [9]

Muhammad Nazal, one of the heads of Hamas in Syria, stated that "even though the document was drafted by prominent and respected prisoners, it cannot be used to blackmail Hamas. The initiative includes some positive points, and others that Hamas regards as negative." He also questioned President Abass' legal authority to declare a referendum. [10]

Hamas prisoners in several Israeli jails published an announcement clarifying that they had taken no part in discussing or drafting the National Accord Document, and said that "only the [Hamas] political leadership, represented by the Political Bureau, is authorized to determine the [movement's] official political positions." [11]

It should be noted that Hamas expressed reservations regarding the National Accord Document on May 26, 2006, two weeks after its publication. Hamas PLC Member Mushir Al-Masri said at the time: "Hamas is not party to this accord, and [the Hamas prisoners] who signed it are expressing their personal views. However, the movement will consider the document and study it, and will inform the public once it formulates its response." [12]

Ziyad Abu Daya, Hamas' representative on the preparatory committee for the dialogue sessions, said: "[Even] if we adopt this document in full, we must realize that it does not mean the end of the occupation and the establishment of a [Palestinian] state. It would be a mistake to limit ourselves to one form of resistance. We must combine negotiations and resistance... The article [in the National Accord Document] which states that it is important to concentrate the resistance [efforts] in the territories occupied in 1967 does not stand in contradiction to our right to carry out resistance in the territories occupied in 1948 [as well]." [13]

Appendix

The following is a full translation of the 18 articles of the National Accord Document. [14]

The National Accord Document

"1. The Palestinian people in the homeland and in the diaspora seeks to liberate its land, to realize its right to liberty, return, independence and self-determination, including its right to establish an independent state with Jerusalem as its capital on all [territories occupied] in 1967, to secure the right of return for all the refugees and to liberate all the prisoners - based on the historical rights of our people to the Land of the Fathers, on the U.N. charter, on international law and on U.N. resolutions.

"2. It is necessary to expedite the implementation of the Cairo agreement of March 2005 concerning the promotion and activation of the PLO, and the incorporation of Hamas and Islamic Jihad into the PLO, which is the only legitimate representative of the Palestinian people wherever they be, in accordance with the changes in the Palestinian arena and based on democratic principles. We must consolidate the status of the PLO as the sole legitimate representative of our people, in order to reinforce its capacity to lead the people in the homeland and the diaspora, to mobilize [the people] and defend their national and political rights in various circles, domains, and arenas - international and regional. The national interest requires that a new [Palestinian] National Council be established before the end of 2006, in a manner that ensures the representation of all forces and factions, the national and Islamic parties and all Palestinian groups, sectors, institutions and figures everywhere - based on [the principle of] proportional representation and on their involvement in the struggle and in the political, social and public [arenas]. The PLO should be retained as a broad front, as an inclusive national coalition, as a united national framework for the Palestinians in the homeland and overseas, and as the supreme political authority.

"3. The Palestinian people has the right to resist and to remain committed to the option of resistance by any means. The resistance should focus on the territories that were occupied in 1967, along with political and diplomatic activity and negotiations, and along with popular-public resistance against the occupation, in all its forms and policies. Attention should be given to widening the [circle of] groups, forces, sectors, and individuals involved in this popular resistance.

"4. A Palestinian program for comprehensive political action must be formulated, with a unified Palestinian political message based on a national Palestinian consensus, on Arab legitimacy and on U.N. resolutions that do justice to our people, whose representatives are the PLO, the president and government of the PA, the national and Islamic groups, civil institutions and public figures. This, in order to mobilize and reinforce the Arab, Islamic and international support for our people and for the PA on the political, financial, economic, and humanitarian [levels] - support for our people's right to self-determination, liberty, return, independence, and our right to resist the Israeli program that imposes an Israeli solution on our people as well as the unjust siege that oppresses us.

"5. The PA should be defended and strengthened as the nucleus of the future [Palestinian] state. This is the PA built by our people through struggle and sacrifice, through the blood and suffering of its sons. The supreme national interest dictates that the PA's temporary constitution and its laws be respected. The responsibility and the authority of the president, chosen by the Palestinian people in free and fair democratic elections, must be respected, as well as the responsibility and authority of the government, which has the confidence of the Legislative Council. It is of paramount importance that the government and the president cooperate, working together and holding regular consultations, in order to settle any disputes that may arise by means of amicable dialogue, in accordance with the temporary constitution and the supreme national interest. A comprehensive reform in PA institutions should be carried out, particularly in the judicial system. [It is necessary to] respect all levels in this system, to implement its decisions and to reinforce the rule of law.

"6. A national unity government should be established, to ensure the participation of all of the parties in the Legislative Council, and in particular the Fatah and Hamas movements and [other] interested political forces. [It should be established] on the basis of this document and a common program for bearing responsibility for the Palestinian situation on the local, Arab, regional and international [levels]. The challenges must be met by a strong national [unity] government which enjoys the popular and political support of all Palestinian forces, as well as Arab and international support. [This government must be] able to implement the reform program, fight poverty and unemployment, and address in the best possible manner [the needs of] those who bore the burden of the steadfast resistance and the Intifada, and were the victims of the criminal Israeli aggression - in particular the martyrs' families, the prisoners, the wounded, and owners of homes and property destroyed by the occupation. [It must also meet the needs of] the unemployed and the university graduates.

"7. Conducting negotiations is the prerogative of the PLO and the Palestinian president, based on commitment to the Palestinian national goals and their attainment. Any agreement of a crucial nature shall be subject to ratification by the new Palestinian National Council or by popular referendum, if possible.

"8. Liberating the prisoners by any means is a sacred national obligation incumbent upon all the national and Islamic forces and factions - the PLO, the president, the government, the Legislative Council and the resistance organizations.

"9. Efforts must be redoubled to support the refugees, assist them, protect them and defend their rights. It is also necessary to convene a popular conference of refugee representatives which will emphasize the right of return and the commitment to it, and which will call upon the international community to implement [U.N.] Resolution 194, which stipulates the Palestinians' right of return and right to compensation.

"10. It is necessary to establish a united resistance front, called the 'Palestinian Resistance Front,' which will lead the resistance, unite and coordinate the resistance activity, and form a unified political source of authority for it.

"11. It is necessary to maintain the democratic system, and hold general elections for the Legislative Council and the Regional Councils, [elections] that are free, clean, and democratic according to law; to uphold the principle of peaceful transition of power; to remain committed to defending the Palestinian democratic experience; to respect the democratic elections and their results, as well as the rule of law, the liberties, the freedom of the press and the equal rights and obligations of all citizens, without discrimination. The achievements of women should be protected, promoted, and strengthened.

"12. The siege that oppresses our people, [a siege] that is led by Israel and America, must be resisted and condemned. The leaders and people of the Arab countries must be called upon to support and assist the Palestinian people, the PLO, and the PA. The Arab governments must be called upon to implement the political, financial, economic, and media decisions of the Arab summits which support our Palestinian people in its resolute stand and its national plight. It must be emphasized that the PA is committed to the Arab consensus and to joint Arab action.

"13. The Palestinian people should be called upon to unite and join forces, and to support the PLO, the PA, the presidency, and the government. The resolute stand and the resistance to aggression and to the siege should be strengthened. Interference in domestic Palestinian affairs should be opposed.

"14. All divisiveness and anything leading to civil war should be eliminated. Any use of weapons to resolve internal conflicts should be condemned, whatever the justification. Weapons must not be used [in resolving conflicts] among Palestinians. The sanctity of Palestinian blood must be emphasized, and the principle of settling disputes through dialogue alone must be upheld. [There is a right] to express all opinions, including opposition to the government and its decisions, in all manners within the constraints of the law, to hold peaceful protests, marches, demonstrations and rallies, as long as no weapons are used, and no harm is caused to the population or to property.

"15. The national interest obliges us to find the most appropriate methods and means to involve the public and the political forces in the newly [liberated] Gaza Strip in the campaign for liberty, return, independence and liberation of the West Bank and Jerusalem, so that the steadfast Gaza Strip serves as a lever and as a formidable force [supporting] the steadfast resistance of our people in the West Bank and Jerusalem. The national interest obliges us to reassess the methods and means of fighting the occupation [in order to] find the most effective means [of doing so].

"16. The Palestinian security establishment, and all its branches, must be reformed and modernized in order to improve their ability to perform their duties of defending the homeland and its people, confronting the [Israeli] aggression and occupation, maintaining security and public order, enforcing the law and eliminating [the phenomena of] military chaos, [unofficial] armed men and armed parades. The weapons of chaos which harm the resistance and distort its image, and threaten the unity of the Palestinian people, must be confiscated. It is necessary to coordinate and regulate the relations between the forces and the resistance groups, and also to organize and protect the weapons of the resistance.

"17. The Legislative Council is called upon to continue passing laws that regulate the activities of the defense establishment and the [security] forces, all branches included. A law must be passed prohibiting members of the security forces from taking part in party politics, and compelling them to submit to the elected political authority specified by law.

"18. Action should be taken to expand the activities and presence of the international committees for solidarity and the peace movements in order to support our people in its resolute stand and its just struggle against the occupation, the settlements, and the racist separation fence, at the political and local levels, and in order to implement the ruling of the Hague International Court of Justice concerning the removal of the fence and the settlements and [concerning] their illegitimacy."