Our Positions

No issue has the same global impact as the Palestinian/Israeli conflict. During the cold war, the United States and the Soviet Union twice raised their security alerts and aggressively challenged each other over this conflict. The oil embargo of the 1970s was inspired by the Palestinian/Israeli conflict. Numerous militants, terrorist groups and governments around the world which seek legitimacy place the Palestinian/Israeli conflict at the forefront of their agenda. And while the Palestinian/Israeli conflict is not the cause of terrorism, solving this conflict may transform the political landscape of the entire Middle East and expose the various agendas of numerous violent groups who leach on this conflict to win the hearts and minds of emotional and unsuspecting people.

Because of the global impact of this conflict, the entire world must do all it can to bring peace between the Palestinians and Israelis. Towards that end the Free Muslims propose the following:

Today there are three solutions to this conflict. The Israelis and Palestinians can kill each other; they can separate by creating two separate nations; or they can create one nation made up of two people. Presently, the only solution being discussed is a two state solution. This solution is based on separating both people into two separate and sovereign nations. While the Free Muslims support any solution that brings final peace to both Israelis and Palestinians, we believe there are serious problems with the two state solution that may not bring long term peace to both people.

During the Clinton administration, the Palestinians and Israelis spent nearly ten years trying to hammer out a deal based on the two state solution. That peace process ended in total failure. Immediately after the failure of that peace process, Israelis and Palestinians blamed each other for the failure; and the rest of the world took side with either the Palestinians or the Israelis.

However, neither the Palestinians nor the Israelis are to blame for the failure of the Clinton era peace talks which were based on the "Oslo agreement." What caused the failure of the peace talks maybe the solution it self rather than the parties. The consequences of creating two separate nations by dividing Israel and Palestine were and still are difficult pills to swallow for both Israelis and Palestinians. It is a fact that both Israelis and Palestinians have religious, historical and emotional attachments to every square inch of the land that includes Israel and Palestine. The sooner the Palestinians and Israelis understand this reality the sooner they can solve their conflict.

From the point of view of many Israelis, the two state solution is difficult because they would have to give up their religious and historical attachments to the West Bank and Gaza which they call Judea and Samaria. Many Israelis simply cannot fathom giving up the West Bank and Gaza and maybe they should not have to. From the point of view of the Palestinians, the two states solution is difficult because they have historical, religious and emotional attachments not only to the West Bank and Gaza but also to Israel which they call the lands of 1948 after the year they lost it to present day Israel. These are the facts and realities that the Palestinians and Israelis have to deal with to solve their conflict.

In light of these facts some may think that a solution to this conflict is impossible. Not true. The Palestinian/Israeli conflict can be solved like any other conflict as long as the parties think outside the box and as long as no one uses violence or terrorism to effect political change.

In light of the attachments that both parties have for the same territory, the solution is not in separating but in coming closer together. Many Israelis and Palestinians seem to agree that the land they call Israel/Palestine is indivisible. Thus, the solution lies in keeping the land that Israelis and Palestinians call home as one nation while at the same time providing each side with the security and the individuality the parties would have if they had their own separate nations.

What is being proposed here is a Two State-One Nation solution based on equality, freedom and civil rights for both Israelis and Palestinians. The idea behind this solution is that there will be two sovereign states similar to New York and New Jersey that together make one nation similar to the United States of America. However, rather than being a federation it would be a confederation. The main difference between a federation and a confederation is that the states in a confederacy have much more sovereignty than in a federation.

What is being proposed here is not entirely new. What is new about the two state-one nation solution is that it achieves the benefits of being one united nation while reserving for both Israelis and Palestinians the security and independence of being two separate nations.

To illustrate this point further, note that after occupying the West Bank and Gaza in 1967, Israel could have annexed and integrated those territories into Israel by providing the Palestinians with Israeli citizenship. However, Israel did not do this and instead chose to treat the West Bank and Gaza as if they were part of Israel physically without providing the Palestinians in those territories with citizenship, political rights or civilian rule. Among the reasons Israel did not integrate the Palestinians of the West Bank and Gaza into Israel is because Israelis were afraid of a demographic problem. The Israelis feared that if they gave the Palestinians equality, political and civil rights that the Palestinians may one day out number the Israelis and vote Israel out of existence. While we understand this concern by Israelis, those Israelis who fear giving the Palestinians equality and civil rights assume that they cannot give the Palestinians equality and at the same time have a Jewish state. This is a false assumption. The territory that includes Israel and Palestine can be one nation where the Palestinians have equality, political and civil rights and at the same time be a safe heaven for Jews from all over the world.

This can be done by creating a federation of two states united by a federal type government with limited powers. The country can be called the United States of Israel/Palestine.

ROADMAP

TWO PROVINCES = ONE COUNTRY

The Roadmap envisions one country made up of a federation between two provinces, Israel and Palestine, where each province contributes 50% to the federal parliament regardless of population.

This road map envisions two people sharing one united country where each side is guaranteed equality, freedom, civil rights and security. The reference to "provinces" is not to two independent countries but rather to two partially sovereign states similar to New York and New Jersey linked together to form one country similar to the United States of America.

.

The road map envisions several tiers of government: federal, province, municipal, and autonomous districts with municipal powers. The federal government will have limited powers that are given to it by the constitution.

BOUNDARIES

The ideal and preferred solution is not to have boundaries and in many instances the roadmap envisions a future with no boundaries. However, practical administration of a modern federation may require legal or administrative boundaries without physical barriers. Among the purposes of administrative borders is for simplicity in determining the reach of the state government and to give people the psychological satisfaction and security that comes from the perception that they are in a state of similarly situated people. The boundaries will not be apparent and the number of Parliamentarians who represent each state in the federal parliament will not be based on population. Instead, the parliament will be divided 50/50 regardless of population.

To illustrate, Israel and Palestine will each contribute 50% to the federal parliament regardless of which state Jews and Palestinians choose to live. Jewish settlers will be represented in the federal government by the 50% allocated for Jews and Arab Israelis will be represented by the 50% allocated for Palestinians.

The 50/50 split will never change. The purpose of the 50/50 split is to provide each side with security, equality and to make certain that only moderates on both sides are able to pass legislation because any legislation will probably need support from parliamentarians from the other side.

The administrative borders may be based on the location of the people. Cities that are majority Jews may go to Israel and cities that are majority Palestinian may go to Palestine. The same may apply for federal voting districts. If there is no agreement on the administrative boundaries, the administrative boundaries shall be based on the 1967 lines. However, it is believed that an agreement on administrative boundaries should be easy since there is free movement of people and no permanent separation or exclusion from any jurisdiction.

Regardless of the legal boundaries, the formation of the federation is such that the boundaries are of no visible significance for the free movement of people or labor. There will be no physical barriers or check points. The boundaries are only relevant for choosing parliamentarians for the state governments and determining the application and reach of state law.

FEDERAL, PROVINCE AND LOCAL GOVERNMENTS

The federal government shall be divided 50/50. The federal government will have specific authority that is given to it by the constitution. It will not interfere with state or municipal governments but will guarantee certain fundamental rights for all people. Where there is a contradiction between federal and state law, federal law must be supreme.

As to municipal elections, the allocation of seats will be done on a system of one man one vote. There will be no limits on the number of any community in municipal parliaments. However, municipalities or districts may be created or designed around specific community concentrations. For example, Jews who live in Bethlehem or Palestinians who live in Tel Aviv shall have the right to vote and run for municipal elections. On the other hand, community concentrations such as the Har Homa Jewish settlement which would ordinarily fall within the municipalities of Bethlehem and Beit Sahour may petition to become its own municipality since it is large in size and 100% Jewish. In other words, it will be allowed to run itself. The same rule may apply to large concentrations of Palestinians within Israeli municipalities.

President or Prime Minster

The leader of the federation should be elected by parliament since it is divided 50/50 which will better guarantee that the leader will strive to serve all the people of the federation rather than his community. In other words, for a leader to be elected, he or she will need support from Jewish and Palestinian Parliamentarians. This dynamic will almost certainly guarantee the election of a reasonable leader who strives to serve all the people of the federation rather than just his community.

Jerusalem

Jerusalem shall be the Capital of the federation and there shall be no restrictions on the number of people who travel, visit or reside in Jerusalem. It should be governed by the Jerusalem municipality with a legislature that can be divided 50/50.

Police

There may be municipal police, state police, federal police, a national guard and a federal military.

The federal police will have specific federal jurisdiction and will enforce laws that are within the jurisdiction of the federal government and have authority across state lines. The federal government will recruit and train federal police from both communities, preferably in equally numbers.

There will also be state police and municipal police. The jurisdiction of the state police shall have general police powers and cover the entire state it belongs to and the municipal police shall have general police powers but limited to the municipality.

Federal Military and Provincial National Guard

The ideal situation will be for the federation to have one federal military. However, in light of decades of hostilities, the individual states may want a state national guard for the province to feel secure in the early years of the union.

Thus, Israel and Palestine will keep their existing armed forces and at the same time develop a joint federal military made up of Palestinians and Israelis.

For example, upon the creation of the union, the country of Israel may transfer most of its military to the state of Israel and call it the state National Guard. The same goes for Palestine. The National Guard may limit its membership to all Jews or all Palestinians depending on the province/state. The purpose of the state Guard is to provide real and psychological security to the states/provinces, especially in the early years of the union.

Federal military

The Federal military should be made of young new recruits, whereby the new recruits are developed into a professional army over the years and decades. To the extent possible, the federal government shall recruit military personnel on a one to one basis, with equal numbers of Palestinians and Jews.

MIGRATION AND RIGHT OF RETURN

The new country shall accept the return of all Jews and Palestinians from all over the world. However, it is understood that some citizens may feel uneasy with the sudden movement of a large number of people into their province.

Thus, while the basis of the new country is the free movement of labor and people, to reduce the fear from the sudden changes in demographics, a state/province may limit the number of people who migrate from one state/province to the other as permanent residents. However, the state cannot limit the number to less than 50,000 per year. The 50,000 limit shall NOT apply to labor or people traveling for anything other than permanent residency.

As to the right of return, both Jews and Palestinians shall have the right to return to the federation at any time. There shall be no limit on the number of Jews who return to Israel or Palestinians who return to Palestine. The new returnees shall also have the right to free movement and employment anywhere in the new country. However, each state/province shall have the right to insist that the new returnees first reside in their respective state/ province for five years before residing in the other state/ province as permanent residents. For example, a Palestinian who is a resident of the United States may want to return to Israel/Palestine. The family of that Palestinian may have originated from Haifa in 1948 which is in Israel. He shall have the right to return to Palestine at any time. He shall have the right to travel and stay in Haifa at any time. However, if he wants to reside in Haifa permanently, the state/province of Israel shall have the right to insist that he first reside in Palestine for five years before moving to Haifa as a permanent resident. The purpose of this reservation is to reduce the anxiety that certain people may have from sudden changes in demographics.

The limitations on residency in a particular province shall not apply to the free movement of people and labor. Any citizen of the federation may travel and work anywhere in the federation and at any time with no limitations.

Economy

There shall be NO restrictions on interstate commerce within the federation. This means that the federation shall act as one economy in every respect. No province may favor its industry to the detriment of the industry of the other province. No province may restrict the flow of goods from the other province or tax goods from the other province differently than it taxes goods of its own province.

Israel/Palestine shall have the same currency, no tariffs and complete free trade. The early days of the national government or confederation shall be to bring jobs and economic prosperity to both Israelis and Palestinians. This should be an easy task. A peaceful Israel and Palestine acting as one nation should be a gold mine the likes of which the world has never seen. A nation that is the birth place of western civilization and immensely revered by Jews, Christians and Muslims, religious tourism alone will guarantee a healthy economy in perpetuity.

However, the economy will have more than tourism to secure its prosperity. A nation of Palestinians and Israelis at peace with their neighbors shall have unlimited opportunities. The technical know-how of Israel, the available capital in the Arab world and a geography that is at the intersection of three continents can produce an economic power house that is second to none on a per capita basis.

Basic rights

The federation shall have the power to guarantee basic rights of all the citizens of the federation. For example, the federation may protect citizens from religious, racial or gender discrimination. No state may have the right to discriminate against a citizen of the federation because if his/her religion, race, national origin or the exercise of free speech.

Courts and state/federal law

The states/provinces shall have general governing powers to enact laws. The state/provinces may use religion as a basis for law in family matters or any other matter that the people of the province feel that religion plays a role. However, a state/province may not compel religion or religious based laws on any resident of the province. Each resident of each province shall have the right to opt out of religious based laws and rely on secular law by seeking the jurisdiction of the federal courts.

The federal courts shall have parallel jurisdiction to state/provincial courts but the federal courts shall only apply secular law which is the law of the federal government. The residents of the federation shall have the right to submit their legal matters to the provincial courts or the federal courts. For example, a Muslim who wants a divorce may apply to the provincial court which may apply Islamic law to determine her rights or obligations to her husband or children. However, if that Muslim/Jewish/Christian woman is secular in ideology, she may submit her dispute to the federal court which will decide the case based on secular law.

EDUCATION REFORM

There shall be a committee on education reform to study the school curriculums of the provinces. The curriculum must encourage respect among the religions and among Israelis and Palestinians.

COMPENSATION AND REPARATION

To help Palestinian refugees reverse the economic loss from being stateless, the federation shall at a minimum assist Palestinians by allowing all qualified students to get a college education at no cost and allow Palestinians to purchase housing with a 30 year, zero interest loan. Palestinians, whose land was confiscated after 1967 in the West Bank and Gaza, must be compensated using the current fair market value of the land.

SECURITY AND TIMING

Both communities must make a commitment to protect each other, locally, regionally and internationally. For example, both communities must do all they can to stop extreme individuals from causing mischief. Moreover, the implementation of the union could be done gradually. For example, while the implementation of the free movement of people should be done immediately, the check points and wall may stay for an extra two or three years but the flow of traffic would have to be done quickly and done in a way where the police on both sides join to inspect cars or people in a rapid manner so as not to inconvenience people and at the same time give both sides time to adjust and feel secure.

Words of empathy and understanding

.
To summarize, this roadmap requests the Palestinians to reach out to their Israeli and Jewish partners and say:

.

"We understand why the state of Israel is important to you. We understand that the Jews - as a people- have a right to self-determination and to rule themselves under their own national institutions. We are fully aware of the persecution that Jews suffered throughout history and the necessity of having a safe haven for Jews. We mourn your losses, we are pained by your pain and we want a future with no losses and no pain due to this conflict. We recognize that because of desperation and self-defense, both sides committed atrocities that should never be repeated. We also understand that Jews have historical and religious ties to the land of Israel/Palestine. We believe that every Jew shall have the right to move to Israel and become a citizen immediately. We also welcome Jews to live with us in our cities, towns and villages. We want the Palestinians and Israelis to live together as neighbors, friends and countrymen. In return, what we want is freedom, liberty and equality for the Palestinians. Will you meet us half way?"
.

The roadmap is also requesting Israelis and Jews to reach out to their Palestinians Partners and say:
.
"We understand why Palestine is important to you and we understand that the Palestinians - as a people- have a right to self-determination and to rule themselves under their own national institutions. We are fully aware of the suffering the Palestinians have experienced over the last 100 years and the necessity of having a safe haven for Palestinians. We mourn your losses, we are pained by your pain and we want a future with no losses and no pain due to this conflict. We recognize that because of desperation and self-defense, both sides committed atrocities that should never be repeated. We also understand that Palestinians have historical and religious ties to the land of Israel/Palestine. We believe that every Palestinian shall have the right to move to Israel/Palestine and become a citizen immediately. We also welcome the Palestinians to visit and to reside in our cities, towns and villages. We want the Palestinians and Israelis to live together as neighbors, friends and countrymen. In return, we want permanent security, liberty, equality and total freedom for the Jewish people. Will you meet us half way?"

Task Force on Israel/Palestine

Kamal Nawash