The Vatican recognized Israel in 1993 ... some 45 years after it was established.
FUNDAMENTAL AGREEMENT BETWEEN THE HOLY SEE AND THE STATE OF ISRAEL
Signed by Msgr. Claudio Celli, Vatican assistant secretary of
state and Israel's deputy minister of foreign affairs, Yossi
Beilin in Jerusalem on December 30, 1993.
PREAMBLE
The Holy See and the state of Israel,
Mindful of the singular character and universal significance of the Holy
Land;
Aware of the unique nature of the relationship between the Catholic Church
and the Jewish people, and of the historic process of reconciliation and
growth in mutual understanding and friendship between Catholics and Jews;
Having decided on July 29, 1992, to establish a bilateral permanent
working commission in order to study and define together issues of common
interest, and in view of normalizing their relations;
Recognizing that the work of the aforementioned commission has produced
sufficient material for a first and fundamental agreement;
Realizing that such agreement will provide a sound and lasting basis for
the continued development of their present and future relations and for
the furtherance of the commission's task,
Agree upon the following articles:
ARTICLE 1
1. The state of Israel, recalling its Declaration of Independence, affirms
its continuing commitment to uphold and observe the human right to freedom
of religion and conscience, as set forth in the Universal Declaration of
Human Rights and in other international instruments to which it is a
party.
2. The Holy See, recalling the Declaration on Religious Freedom of the
Second Vatican Council, "Dignitatis Humanae," affirms the Catholic
Church's commitment to uphold the human right to freedom of religion and
conscience, as set forth in the Universal Declaration of Human Rights and
in other international instruments to which it is a party. The Holy See
wishes to affirm as well the Catholic Church's respect for other religions
and their followers as solemnly stated by the Second Vatican Council in
its Declaration on the Relation of the Church to Non-Christian Religions,
"Nostra Aetate."
ARTICLE 2
1. The Holy See and the state of Israel are committed to appropriate
cooperation in combating all forms of anti-Semitism and all kinds of
racism and of religious intolerance, and in promoting mutual understanding
among nations, tolerance among communities and respect for human life and
dignity.
2. The Holy See takes this occasion to reiterate its condemnation of
hatred, persecution and all other manifestations of anti- Semitism
directed against the Jewish people and individual Jews anywhere, at any
time and by anyone. In particular, the Holy See deplores attacks on Jews
and desecration of Jewish synagogues and cemeteries, acts which offend the
memory of the victims of the Holocaust, especially when they occur in the
same places which witnessed it.
ARTICLE 3
1. The Holy See and the state of Israel recognize that both are free in
the exercise of their respective rights and powers, and commit themselves
to respect this principle in their mutual relations and in their
cooperation for the good of the people.
2. The state of Israel recognizes the right of the Catholic Church to
carry out its religious, moral, educational and charitable functions, and
to have its own institutions, and to train, appoint and deploy its own
personnel in the said institutions or for the said functions to these
ends. The church recognizes the right of the state to carry out its
functions, such as promoting and protecting the welfare and the safety of
the people. Both the state and the church recognize the need for dialogue
and cooperation in such matters as by their nature call for it.
3. Concerning Catholic legal personality at canon law, the Holy See and
the state of Israel will negotiate on giving it full effect in Israeli
law, following a report from a joint subcommission of experts.
ARTICLE 4
1. The state of Israel affirms its continuing commitment to maintain and
respect the status quo in the Christian holy places to which it applies
and the respective rights of the Christian communities thereunder. The
Holy See affirms the Catholic Church's continuing commitment to respect
the aforementioned status quo and the said rights.
2. The above shall apply notwithstanding an interpretation to the contrary
of any article in this fundamental agreement.
3. The state of Israel agrees with the Holy See on the obligation of
continuing respect for and protection of the character proper to Catholic
sacred places, such as churches, monasteries, convents, cemeteries and
their like.
4. The state of Israel agrees with the Holy See on the continuing
guarantee of the freedom of Catholic worship.
ARTICLE 5
1. The Holy See and the state of Israel recognize that both have an
interest in favoring Christian pilgrimages to the Holy Land. Whenever the
need for coordination arises, the proper agencies of the church and of the
state will consult and cooperate as required.
2. The state of Israel and the Holy See express the hope that such
pilgrimages will provide an occasion for better understanding between the
pilgrims and the people and religions of Israel.
ARTICLE 6
The Holy See and the state of Israel jointly reaffirm the right of the
Catholic Church to establish, maintain and direct schools and institutes
of study at all levels, this right being exercised in harmony with the
rights of the state in the field of education.
ARTICLE 7
The Holy See and the state of Israel recognize a common interest in
promoting and encouraging cultural exchanges between Catholic institutions
worldwide and educational, cultural and research institutions in Israel,
and in facilitating access to manuscripts, historical documents and
similar source materials, in conformity with applicable laws and
regulations.
ARTICLE 8
The state of Israel recognizes that the right of the Catholic Church to
freedom of expression in the carrying out of its functions is exercised
also through the church's own communications media, this right being
exercised in harmony with the rights of the state in the field of
communications media.
ARTICLE 9
The Holy See and the state of Israel jointly reaffirm the right of the
Catholic Church to carry out its charitable functions through its health
care and social welfare institutions, this right being exercised in
harmony with the rights of the state in this field.
ARTICLE 10
1. The Holy See and the state of Israel jointly reaffirm the right of the
Catholic Church to property.
2. Without prejudice to rights relied upon by the parties:
a. The Holy See and the state of Israel will negotiate in good
faith a comprehensive agreement, containing solutions acceptable
to both parties, on unclear, unsettled and disputed issues,
concerning property, economic and fiscal matters relating to the
Catholic Church generally or to specific Catholic communities or
institutions.
b. For the purpose of the said negotiations, the permanent
bilateral working commission will appoint one or more bilateral
subcommissions of experts to study the issues and make
proposals.
c. The parties intend to commence the aforementioned
negotiations within three months of entry into force of the
present agreement and aim to reach agreement within two years
from the beginning of the negotiations.
d. During the period of these negotiations, actions incompatible
with these commitments shall be avoided.
ARTICLE 11
1. The Holy See and the state of Israel declare their respective
commitment to the promotion of the peaceful resolution of conflicts among
states and nations, excluding violence and terror from international life.
2. The Holy See, while maintaining in every case the right to exercise its
moral and spiritual teaching office, deems it opportune to recall that,
owing to its own character, it is solemnly committed to remaining a
stranger to all merely temporal conflicts, which principle applies
specifically to disputed territories and unsettled borders.
ARTICLE 12
The Holy See and the state of Israel will continue to negotiate in good
faith in pursuance of the agenda agreed upon in Jerusalem on July 15,
1992, and confirmed at the Vatican on July 29, 1992; likewise on issues
arising from articles of this present agreement, as well as on other
issues bilaterally agreed upon as objects of negotiation.
ARTICLE 13
1. In this agreement the parties use these terms in the following sense:
a. The Catholic Church and the church--including, "inter alia,"
its communities and institutions.
b. Communities of the Catholic Church-meaning the Catholic
religious entities considered by the Holy See as churches "sui
juris" and by the state of Israel as recognized religious
communities.
c. The state of Israel and the state--including, "inter alia,"
its authorities established by law.
2. Notwithstanding the validity of this agreement as between the parties,
and without detracting from the generality of any applicable rule of law
with reference to treaties, the parties agree that this agreement does not
prejudice rights and obligations arising from existing treaties between
either party and a state or states, which are known and in fact available
to both parties at the time of the signature of this agreement.
ARTICLE 14
1. Upon signing of the present fundamental agreement and in preparation
for the establishment of full diplomatic relations, the Holy See and the
state of Israel exchange special representatives, whose rank and
privileges are specified in an additional protocol.
2. Following the entry into force and immediately upon the beginning of
the implementation of the present fundamental agreement, the Holy See and
the state of Israel will establish full diplomatic relations at the level
of apostolic nunciature on the part of the Holy See, and embassy on the
part of the state of Israel.
ARTICLE 15
This agreement shall enter into force on the date of the latter
notification of ratification by a party.
Done in two original copies in the English and Hebrew languages, both
texts being equally authentic. In case of divergency, the English text
shall prevail.
Signed in Jerusalem, this 30th day of the month of December, in the year
1993, which corresponds to the 16th day of the month of Tevet, in the year
5754.
Made available to the net by:
Paul Halsall
Halsall@murray.fordham.edu
2007-01-30 03:13:35
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answer #4
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answered by Anonymous
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