Achieving Palestinian Reconciliation and Unity and Building the State: Drawing Inspiration from the Moroccan Equity and Reconciliation Commission as a Model

Dr. Ibrahim Nueirat

Palestine today is going through a critical phase as a result of the accumulation of internal divisions and the impact of the ongoing occupation, which has made addressing the effects of the past an urgent national necessity. The division between the West Bank and the Gaza Strip was not merely political disagreements between factions, but its impact extended to the entire Palestinian people. Citizens were affected in their daily lives, whether in terms of individual and social rights, or in employment opportunities, education, and basic services, and the level of trust in national institutions declined. Moreover, the entire Palestinian cause was affected, as the division weakened unified national representation and reduced the Palestinian community's ability to confront internal and external challenges, including Israeli policies, creating a double barrier to national unity and effective international action. In this context, it is clear that the Palestinian people are the real victims of division and political and social accumulations, not one party of the factions, which makes transitional justice a comprehensive national necessity to restore national unity and trust between society and the state.

Theoretical Framework: Transitional Justice

Lessons can be learned from transitional justice experiences implemented by other countries. In Morocco, the Equity and Reconciliation Commission successfully achieved a balance between uncovering the truth, redressing harm, and reforming institutions, without resorting to widespread judicial trials, which enhanced political stability and symbolic justice for victims. As for South Africa, the Truth and Reconciliation Commission's experience demonstrated the importance of the principle of “amnesty for truth” to overcome the legacy of apartheid and build a cohesive society based on reconciliation and mutual recognition. Tunisia's experience showed the necessity of a clear legal and institutional framework to address past violations, while Rwanda focused on community justice and local reconciliation after the genocide, benefiting from community traditions to ensure the rebuilding of the social fabric. These models confirm that the balance between acknowledging wrongdoing, redressing harm, reforming institutions, and collective reconciliation is a key factor in building sustainable national unity, and these lessons can be adapted to the specificity of the Palestinian reality to enhance their positive impact.

Specificity of the Palestinian Case: Obstacles to Implementing Transitional Justice

The Palestinian case differs from traditional models of transitional justice, given the complexity of its political structure and the continuation of external conflict, which poses complex challenges to any path of national reconciliation. While transitional justice experiences in other countries were associated with the “post-conflict” or “post-authoritarian” phase, Palestine still lives in a dual reality that combines internal division and ongoing occupation, making the application of this model more complex.

One of these obstacles is the continued Israeli occupation, which limits the Palestinian political system's ability to exercise full sovereignty, restricts the work of institutions, and directly affects any efforts to reform or rebuild them. The occupation also objectively benefits from the state of division, which creates an unstable environment that hinders the implementation of a comprehensive national path for reconciliation and justice.

Secondly, the Palestinian arena suffers from a duality of political and institutional legitimacy between the West Bank and the Gaza Strip, where power is contested between major political forces, which weakens the possibility of agreeing on a unified framework for transitional justice, and raises questions about the body authorized to manage and oversee this path.

Thirdly, the absence of a unified national narrative about the events of the division stands out, as narratives differ between political parties, and even within society itself, which complicates the process of uncovering the truth and building a shared collective memory. In light of this disparity, transitional justice mechanisms may turn into a new arena for conflict instead of being a tool to overcome it.

Fourthly, the weakness of trust between political actors constitutes a fundamental obstacle, as different parties fear that the transitional justice path may be used to settle political scores or redistribute influence, which reduces the willingness to make real concessions or acknowledge mistakes.

Fifthly, regional and international interventions play an influential role in complicating the scene, as some Palestinian parties are linked to different regional axes, which may affect their positions on reconciliation and make national decisions vulnerable to external tug-of-war.

Sixthly, economic fragility and reliance on external aid are added to this, which may limit the ability of the authority and institutions to implement effective and sustainable harm redress programs or institutional reform.

Finally, the weakness of the legal and institutional structure stands out as an additional obstacle, as judicial and administrative institutions suffer from the effects of the division, which weakens their ability to play a pivotal role in enforcing justice and ensuring the non-repetition of violations.

Based on this, the application of transitional justice in Palestine requires a realistic and flexible approach that takes these challenges into account, and is based on gradual implementation, building trust between parties, and separating the path of internal reconciliation from external complexities as much as possible. This also calls for an active role for civil society in creating a common space for dialogue, thereby contributing to creating the necessary political and social environment for the success of this path.

Potential for Adaptation and Inspiration from the Moroccan Experience

Despite these challenges, the possibility of benefiting from comparative experiences remains by adapting them to the Palestinian reality.

Palestinian national reconciliation presents itself as a fundamental entry point for overcoming political and institutional division, and rebuilding the national project on inclusive foundations. In light of the failure of traditional reconciliation attempts based on power-sharing or temporary agreements, the option of transitional justice emerges as an alternative framework capable of addressing the roots of the crisis, not just its manifestations.

The Moroccan experience, represented by the Equity and Reconciliation Commission, gains special importance in this context, as it is an Arab model that succeeded in balancing the requirements of justice and stability through a comprehensive approach to addressing the past of violations. The Moroccan experience was based on fundamental pillars that can be considered a reference for any reconciliation path, the most important of which are: official recognition of violations, uncovering the truth, redressing harm, and institutional reform. The goal of these mechanisms was not merely to settle the past, but to rebuild the relationship between the state and society on the foundations of trust and citizenship, which is a transformative dimension that can be benefited from in the context of the Palestinian situation, despite the difference in political and historical conditions.

Palestinian reconciliation faces fundamental challenges, most notably the absence of a unified national narrative about the events of the division, especially in light of the conflict between Fatah and Hamas, where narratives are numerous and sometimes contradictory, which hinders the building of a shared collective memory. Here, the role of the truth-finding mechanism, as implemented by the Equity and Reconciliation Commission, emerges, not only in documenting violations, but in creating a public space for discussion and recognition, which contributes to dismantling the remnants of the past and paving the way for reconciliation based on transparency and clarity.

Palestinian Proposal (Applied Model)

Lessons from the Moroccan Experience and Potential for Palestinian Adaptation

The approach of redressing harm is a pivotal element that can be drawn upon in Palestine, especially given the human suffering resulting from internal division, both at the individual and collective levels. The Moroccan experience has shown that compensation is not limited to the material dimension, but includes symbolic and developmental dimensions that enhance victims' sense of fairness. This dimension can be adapted in Palestine through compensation and integration programs targeting those affected by the division, thereby contributing to strengthening trust between political actors and civil society.

Institutional reform emerges as another essential lesson, as true reconciliation cannot be discussed without restructuring the structures that contributed to or fueled violations. In the Palestinian context, this requires reforming political and security institutions on inclusive national foundations, away from partisan division, to ensure their neutrality and effectiveness in serving the national project.

However, it should be noted that drawing inspiration from the Moroccan experience does not mean a literal transfer of its tools, but rather requires adapting them within a Palestinian framework that takes into account the specificities of the context, including the nature of the conflict, the structure of political actors, and the impact of external factors, such as the ongoing occupation. Success in this path primarily depends on a genuine political will among Palestinian parties that goes beyond competition for power towards a strategic partnership based on national unity. The Moroccan experience embodied a genuine political will to turn the page on the past and open horizons for reform, which is a necessary element for any successful Palestinian model.

The integration of Palestinian civil society is also a fundamental element, similar to the widespread participation of human rights actors in the Moroccan experience, as reconciliation cannot remain merely an agreement between political elites, but must transform into a comprehensive societal project that rebuilds trust and promotes a culture of tolerance.

Based on this, drawing inspiration from the experience of the Equity and Reconciliation Commission represents a strategic option that can contribute to overcoming the Palestinian division, provided it is adopted within a flexible approach based on adaptation and creativity, not on literal imitation. What is required is to build an authentic Palestinian experience that benefits from comparative lessons and responds to the requirements of the political and social reality, thereby paving the way for rethinking the path of reconciliation as a strategic project for rebuilding the state and society on the foundations of justice, fairness, and national unity, and enhancing the ability to confront internal and external challenges.

Palestinian transitional justice emerges as a vital national path that allows all political parties to acknowledge their mistakes and learn from past experiences, and to transform past mistakes into a basis for building an inclusive political and social future. What is required is for the factions to take responsibility for acknowledging wrongdoing, not only at the individual level, but at the level of institutions and society as a whole, to ensure the non-repetition of violations and excesses, and to create an environment in which political and social differences can be managed within the bounds of law and institutions, away from violence or exclusion. Palestinian transitional justice acquires an additional strategic dimension, as it represents a tool to thwart the occupation's attempts to exploit division and weaken national cohesion, and it also represents a response to a widespread popular demand, pressuring the factions to deal positively with the national reconciliation path. Returning to the people through elections alone is not enough to address divisions or restore trust between parties, and if it is not based on comprehensive national reconciliation, it will fail to achieve the desired change. However, if this proposal is agreed upon and seriously implemented, elections become an effective step, based on unity, accountability, and transparency, and establish a stable and sustainable democratic path.

Detailed Proposal for Palestinian Transitional Justice consists of a set of integrated measures:

Building Political Consensus: Through a comprehensive national agreement between all parties to address the past and acknowledge mistakes, with oversight by an independent body representing civil society and national forces to ensure the neutrality of the path, and the involvement of all factions in drafting the roadmap for reconciliation. Here, political challenges can be addressed by developing flexible scenarios to confront resistance, such as establishing initial bilateral and factional dialogues between the most conservative parties to ensure their participation, then expanding the scope of consensus to include everyone, with guarantees that the path will not be used to settle political scores.

Establishing a Palestinian Truth and Equity Commission: An independent body comprising judicial, human rights, and community figures, tasked with documenting violations and listening to victims from all over Palestine, and preparing a comprehensive report that builds a collective national memory reflecting the recognition that the entire Palestinian people are the victims, and ensuring the acknowledgment of wrongdoing at the individual and collective levels, with transparent dissemination of its work results to promote collective recognition. Indicators can be developed to measure the commission's success, such as: number of beneficiaries, their satisfaction with the process, number of initiatives taken based on the commission's recommendations.

A National Program for Redressing Harm: Includes providing material, social, and psychological compensation to all those affected by the division, both individually and collectively, and reintegrating those affected into national institutions and jobs, in addition to rehabilitation and training programs, with official recognition of those affected to restore their dignity and enhance their sense of justice.

A Flexible Approach to Accountability: Adopting the principle of “acknowledgment for mitigation,” with a focus on moral and political responsibility, and avoiding widespread judicial trials that may hinder national reconciliation, to ensure that acknowledging wrongdoing becomes part of collective learning and not a tool for division. To emphasize the balance between justice and reconciliation, a framework can be established that clarifies that the path integrates symbolic justice, acknowledgment of harm, and limited legal responsibility, thereby preventing the repetition of violations without politicizing justice.

Reforming and Unifying Institutions: Includes reforming judicial, administrative, and security agencies to ensure transparency and justice, strengthening judicial independence and professionalism in administration, and establishing clear controls to prevent the repetition of violations.

Involving Society in Reconciliation: By supporting local and community reconciliation initiatives, and involving civil society and local frameworks in managing national dialogue, to promote a culture of acknowledgment, reconciliation, and community participation, ensuring that the path includes all affected segments of society, including youth, women, and marginalized groups. This can be enhanced through continuous media and community communication mechanisms, such as open dialogue programs, online forums, and interactive media campaigns that allow citizens to participate in formulating solutions.

Managing the Occupation File in Parallel: By systematically documenting Israeli violations through legal and international channels, while separating this file from the internal reconciliation path to ensure that efforts are focused on addressing internal divisions and national reconciliation.

Integrating Memory into Education and Media: By including concepts of transitional justice, acknowledgment of mistakes, and reconciliation in curricula, and producing media programs aimed at promoting a culture of acknowledgment, accountability, and tolerance among all components of society, which contributes to educating new generations about the value of reconciliation and national unity.

Monitoring and Implementation Mechanisms: To ensure the continuity of the path and prevent deviation, including monitoring the implementation of the recommendations of the Truth and Equity Commission, independent mechanisms for evaluating progress, and ensuring the separation between political and judicial authority. Interim evaluation indicators can be added to periodically measure the progress and effectiveness of the path.

Time Flexibility and Gradual Implementation: With a clear timeline for each stage of reconciliation, allowing for periodic evaluation and adjustment based on results on the ground.

Practical Vision for Implementing Palestinian Transitional Justice

In light of the preceding analysis of challenges and the Palestinian proposal, a practical vision for implementing Palestinian transitional justice can be developed, based on gradualism and flexibility, and aimed at transforming theoretical principles into applicable steps on the ground, through an integrated phased path that includes:

Creating a Political and Social Environment and Building Trust: The path begins by creating a political and social environment through confidence-building measures between parties, such as launching informal dialogues mediated by independent figures, taking reciprocal steps to reduce tension, and stopping inflammatory media campaigns, thereby creating a suitable climate for initiating the process.

Launching the Path of Truth and Acknowledgment: Moving to the stage of launching the path of truth and acknowledgment by forming an independent preparatory framework that gradually collects testimonies and encourages voluntary acknowledgment within guarantees that prevent political exploitation, thereby contributing to building a shared national narrative.

Activating Harm Redress Programs: Activating harm redress programs by establishing mechanisms for material and moral compensation, providing psychological and social support to those affected, and reintegrating them into society and institutions, thereby enhancing the sense of fairness and rebuilding social trust.

Institutional Reform and Ensuring Non-Repetition: In a later stage, the focus will be on institutional reform through restructuring security and administrative agencies and strengthening judicial independence, thereby ensuring the non-repetition of violations in the future.

Role of Civil Society (Cross-Cutting Element): Throughout all these stages, civil society plays an active role in mediation, monitoring implementation, and promoting a culture of dialogue and reconciliation, thereby transforming this path from a political agreement into a comprehensive societal process.

Relative Separation of Paths: This vision is based on the principle of relative separation between the path of internal reconciliation and the complexities of the conflict with the occupation, allowing for focus on addressing internal division without disruption, while continuing to document external violations through legal and international channels.

Expected Outcomes and Recommendations

This path is expected to have a multi-dimensional impact; politically, by strengthening national unity, reducing division, and increasing the legitimacy of institutions; socially, by restoring trust among citizens, enhancing civic participation, and spreading a culture of reconciliation and tolerance throughout society; legally and institutionally, by developing the justice system, strengthening judicial independence, and improving the performance of security and administrative agencies; internationally, by enhancing Palestine's image as a society striving for good governance and respect for human rights, and attracting technical and human rights support; and in the long term, by building a strong and stable rule of law, reducing the likelihood of internal conflicts, and enabling Palestinian society to work unitedly towards an inclusive political and social future that ensures everyone's participation without exclusion.

This Palestinian model of transitional justice represents a path for political acknowledgment of mistakes and learning from them by all factions, placing differences within the bounds of law and institutions, and addressing the harm that has affected the entire Palestinian people and the national cause as a whole. It also provides a solid foundation that makes any future elections meaningful and effective, because it ensures that political competition will be based on unity, accountability, and transparency, not on division or exploitation of past divisions. Through this path, painful experiences are transformed into a basis for building an inclusive future, where political differences are managed constructively, and differences become a means of dialogue, not a tool for conflict or division, so that Palestinian society can regain its unity and strength, and launch its national project cohesively and sustainably, benefiting from the lessons of international models such as Morocco in acknowledging the past, redressing harm, and reforming institutions as a basis for any true national reconciliation.