The Environmental Provisions Of Oslo II Accords
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Oslo II Accord The Interim Agreement on the West Bank and the Gaza Strip, commonly known as Oslo II or Oslo 2, was a key and complex agreement in the Israeli–Palestinian peace process. Because it was signed in Taba, Egypt, it is sometimes called the Taba Agre ...
, also known as the Interim Agreement on the West Bank and Gaza Strip or more simply Oslo II, established provisions and policies on the environment in six distinct articles within the first appendix of Annex III, "Protocol Concerning Civil Affairs." The key areas addressed are agriculture,
environmental protection Environmental protection, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. ...
, forests,
nature reserves A nature reserve (also known as a wildlife refuge, wildlife sanctuary, biosphere reserve or bioreserve, natural or nature preserve, or nature conservation area) is a protected area of importance for flora, fauna, funga, or features of geolog ...
, parks, and
water Water is an inorganic compound with the chemical formula . It is a transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance. It is the main constituent of Earth's hydrosphere and the fluids of all known liv ...
and
sewage Sewage (or domestic sewage, domestic wastewater, municipal wastewater) is a type of wastewater that is produced by a community of people. It is typically transported through a sewerage, sewer system. Sewage consists of wastewater discharged fro ...
.


Context within Agreement

The accords contain seven Annexes which specify the agreements on a certain topic. Annex III lays out the arrangements for the management of various spheres of civil affairs. Under this Annex, the powers and responsibilities for management of these areas are transferred from the Israeli military government and the Civil Administration to the Palestinian side. Part of the civil affairs are the provisions on the environment.


Contents


Article 1: Agriculture

Article 1 first names all the aspects of agriculture, including but not limited to veterinary services and livestock management, water for irrigation, grazing and farming, and policies relating to raising and marketing crops. Irrigation water is mentioned and linked to Article 40 on water and sewage, and forestry is dealt with in greater detail in Article 14 on forests. Both sides should cooperate to conduct studies and research collecting scientific data for the development of the agriculture sector. Agriculture Relations such as trade between both sides are mentioned unde
Annex V
(Economic Relations).


Article 12: Environmental Protection

Article 12 is divided into Section A on the “Transfer of Authority” and Section B on “Cooperation and Understandings”. Section A expresses mutual Israeli and Palestinian recognition of the importance of environmental protection and the need for a sustainable approach to using natural resources, and determines the transfer of power to the Palestinian side. Section B reviews various joint measures in protecting the environment relating to policy on natural resources, industrial development, avoiding damages to the environment, addressing
pollution Pollution is the introduction of contaminants into the natural environment that cause harm. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the component ...
, waste and discharge regulations and
biodiversity Biodiversity is the variability of life, life on Earth. It can be measured on various levels. There is for example genetic variability, species diversity, ecosystem diversity and Phylogenetics, phylogenetic diversity. Diversity is not distribut ...
. In particular, mentioned measures are promoting
public awareness In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichke ...
on environmental issues, adopting international standards on global (ozone layer) and regional concerns (protection of
endangered species An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching, inv ...
, restriction of trade, preservation of forests and nature reserves) and implement
Environmental Impact Assessments Environment most often refers to: __NOTOC__ * Natural environment, referring respectively to all living and non-living things occurring naturally and the physical and biological factors along with their chemical interactions that affect an organism ...
(EIA). Schedule 2 lists 12 areas for which Environmental Impact Assessments should be prepared (e.g. power plants,
quarries A quarry is a type of open-pit mine in which dimension stone, rock, construction aggregate, riprap, sand, gravel, or slate is excavated from the ground. The operation of quarries is regulated in some jurisdictions to manage their safet ...
,
treatment plant Water treatment is any process that improves the quality of water to make it appropriate for a specific end-use. The end use may be drinking, industrial water supply, irrigation, river flow maintenance, water recreation or many other uses, inc ...
s, disposal sides, air- and seaports and major roads). Additionally Israel recognizes the unsatisfactory situation of the environment in the West Bank and obligates itself to assist in improving it. Both parties agree on improving scientific, technical and political cooperation concerning the environment. An Environmental Experts Committee for environmental cooperation and understandings shall be established on both sides.


Article 13: Fishery

This article identifies the licensing and permits for all aspects of the fishing industry along the Gaza Strip, and refers to security restrictions in a separate article (Article XIV).


Article 14, 25, 26: Forests; Nature Reserves; Parks

Management of forests, parks, and nature reserves will be transferred to the Council whose responsibilities will include preservation, administration, prevention of damage, and establishment of new resources (i.e. parks, reserves, and forests). Article 14 specifically affirms the Palestinian administration's right to plant new forests, whether in the interest of environmental protection or for landscaping purposes. Article 25 (Nature Reserves) addresses the enforcement and regulation of hunting and ban on hunting species that are protected and/or endangered. All three articles identify areas for cooperation between both sides. Areas for cooperation include protection, data gathering and scientific research, and ecological services such as managing fires and pest control. The management of forests, parks, and nature reserves is linked to concerns, such as desertification and erosion, which are addressed in Article 12 (Environmental Protection). With respect to Area C, each article affirms the eventual transfer of responsibility for the application of the many provisions to Palestinian administration, except in the case of certain issues which are to be deferred until the permanent status negotiations. Israeli and Palestinian actors are to coordinate all activities with the potential to alter the condition of each sphere and which will occur within Area C, excluding settlements and military zones.


Article 40: Water and Sewage

The agreement rests on good-will and at its core is the principle of Israeli recognition of Palestinians’ rights to water in the West Bank. The main principles address developing additional water, coordinating management of water resources and wastewater systems, treating influent for eventual reuse, and ensuring water quality and the prevention of harm. Powers and responsibilities in the domain of water and sewage in the West Bank and the Gaza Strip will be transferred to the Palestinian Council, while the question of infrastructure ownership is deferred until the permanent status negotiations. The final principle (paragraph 25) relates to the Gaza Strip and maintains the status quo on already existing provisions and agreements relating to the water resources and sewage systems in the area; schedule 11 reviews these arrangements.


Water Supply

The section includes an estimation of future water needs for Palestinians (70-80 mcm/yr). Israel is committed to providing a total of 9.5 mcm of water per year to major Palestinian cities including Hebron, Bethlehem, Ramallah, Salfit, Nablus, Jenin, and the Gaza Strip. The Palestinians are to be responsible for providing these areas with the additional supply of 19.2 mcm per year, which may be drawn from the Eastern Aquifer. Schedule 10 enumerates precise allowances for extractions and use of water from the Eastern, North-Eastern, and Western Aquifers.


Management and Cooperation (Joint Water Committee)

Israel and Palestinian administration are to cooperate in the exchange of data and in identification of sites for construction of new wells. The Joint Water Committee is formed to handle all water and sewage issues in the West Bank, including the following responsibilities: the joint management and protection of water resources and sewage systems; handling information exchange, regulation and monitoring, and the resolution of water and sewage conflict. The JWC will act to review all development projects in all their stages and determine whether to issue approval for their implementation. The role and obligations of the Joint Water Committee (Article 40, paragraph 15) are further expanded in Schedule 8. Schedule 9 expands on supervision and enforcement mechanisms (Article 40, Paragraph 17), and addresses water purchases and cost. Paragraph 20 sets forth additional areas for cooperation between various committees with respect to economics and regional development.


Protection and Prevention of Harm and Contamination

Paragraphs 21 through 23 dictate that both sides should endeavor to prevent any harm, pollution, or
contamination Contamination is the presence of a constituent, impurity, or some other undesirable element that renders something unsuitable, unfit or harmful for the physical body, natural environment, workplace, etc. Types of contamination Within the scien ...
of the quality of
water resources Water resources are natural resources of water that are potentially useful for humans, for example as a source of drinking water supply or irrigation water. These resources can be either Fresh water, freshwater from natural sources, or water produ ...
within their respective areas as well as within that of the other's. Paragraph 24 also mandates that both sides will be responsible for compensating the other for “any unauthorized use of or sabotage to water and sewage systems situated in the areas under its responsibility which serve the other side (Article 40, paragraph 24).”


Current situation

The Oslo II accords is the latest agreement between Israel and Palestine concerning the environment. In negotiations and discussions between Israel and Palestine, the parties mainly refer to this judicial framework. However its actual relevance remains unclear. Some provisions like the Environmental Impact Assessments have never been implemented. As one example of temporary cooperation the bilateral environmental committee can be mentioned. It worked until 2000 and managed in this time several trans boundary problems concerning
hazardous waste Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is Toxicity, toxic, Chemical reaction, reacts violently with other chemicals, or is Corrosion, corrosive, ...
. Although the environmental negotiations that took place within the framework of the Oslo Accords can be seen as a significant milestone for environmental cooperation, many objectives were never achieved. This outcome can be attributed to four main factors: Israeli security concerns, territorial disputes, logistical ambiguities and Palestinian institutional constraints. The Israeli-Palestinian Joint Water Committee is an example of still working cooperation. But it is not fulfilling its original purpose of a joint water governance institution. The Committee is now said to be an Israel dominated body that mainly rejects Palestinian requests. Current disputes between Israel and Palestine are often addressing untreated waste water flow into opponent streams.


Reception

Since the Oslo II accords have been declared to be an interim agreement many aspects remain vague. A following agreement is needed which settles important details. In particular the unsolved dispute about water supply needs to be addressed. Both sides accuse each other for agreement violations. From the Palestinian side Israel does not keep their promise to recognize Palestinian water rights. Israel on the other hand sees Palestinian well drilling without permission as a violation of Oslo II.


See also

*
Palestinian law Palestinian law is the law administered by the Palestinian National Authority within the territory pursuant to the Oslo Accords. It has an unusually unsettled status, as of 2025, due to the complex legal history of the area. Palestinian law inc ...


References


External links


''Friends of the Earth Middle East''

''Israel Ministry of Environmental Protection''

''Palestinian Hydrology Group''

''Emergency Water, Sanitation and Hygiene in oPT''
{{DEFAULTSORT:Environmental Provisions of Oslo II Accords 1995 in the environment 1995 in Palestine Environment of the Gaza Strip Environment of the West Bank Environmental law Israeli–Palestinian peace process Environment of Israel