Palestinian Legislative Council Explained

Palestinian Legislative Council
Native Name:المجلس التشريعي الفلسطيني
Native Name Lang:ar
Legislature:2nd Legislative Council
Coa Pic:Coat of arms of the Palestinian National Authority.svg
Coa Res:120px
Coa Caption:The PLC emblem is referred to as the Eagle of Saladin
House Type:Unicameral
Leader1 Type:Speaker
Leader1:Aziz Duwaik
Party1:Hamas
Election1:20061
Leader2 Type:Leader of the Opposition
Members:132
Structure1:Palestinian Parliament.svg
Structure1 Res:240px
Political Groups1:Government (74)

Opposition (58)

Voting System1:Parallel additional member system
Next Election1:TBD (initially scheduled for 22 May 2021; indefinitely postponed)
Last Election1:25 January 2006
Website: (Gaza Strip government)
(West Bank government)
Footnotes:1Duwaik was Speaker following the 2006 election. In 2009 he claimed the Presidency by virtue of the expiry of Mahmoud Abbas's term and the absence of new elections.
Logo Res:250

The Palestinian Legislative Council (PLC) is the unicameral legislature of the Palestinian Authority, elected by the Palestinian residents of the Palestinian territories of the West Bank and Gaza Strip. It currently comprises 132 members, elected from 16 electoral districts of the Palestinian Authority. The PLC has a quorum requirement of two-thirds, and since 2006 Hamas and Hamas-affiliated members have held 74 of the 132 seats in the PLC. The PLC's activities were suspended in 2007 and remained so while PLC committees continue working at a low rate and parliamentary panel discussions are still occurring.[1]

The first PLC met for the first time on 7 March 1996. Under the Oslo II Accord, the powers and responsibilities of the PLC are restricted to civil matters and internal security in Area A of the West Bank and Gaza, while in Area B they are restricted to civil affairs with security matters being under the control of the Israel Defense Forces. In Area C, Israel has full control.

The 2006 election for the second PLC was the last PLC election. Following the Hamas–Fatah split in 2007, the PLC ceased to function, with the President issuing laws by decree. Elections for the third PLC were scheduled for May 2021, but were indefinitely postponed.

Overview

The Palestinian Legislative Council was created by the Oslo Accords and designed in accordance with the provisions of the Oslo II Accord, which provides for its composition, powers and responsibilities in detail.[2] Detailed provisions regarding elections were set out in Annex II. Oslo II provides that residents of the Palestinian territories may vote or be elected.[3] The PLC has a quorum requirement of two-thirds.

PLC laws provide further details for the PLC, such as the time limit on the duration or life of each PLC, and provisions for filling casual vacancies. There was no requirement for ministers to be members of the PLC.

The powers and responsibilities of the PLC are limited by Article IX and XVII of the Oslo Accords to civil matters and internal security and public order and subject to review by Israel. The PLC is not authorised to negotiate with Israel.[4]

History

First Palestinian Legislative Council, 1996–2006

The first Palestinian legislative election took place on 20 January 1996 in accordance with Palestinian Election Law No. 13 of 1995 and its amendments. The law adopted the simple majority system (districts).[5] However, the election was boycotted by Hamas, and Fatah won 62 of the 88 seats. The first PLC met for the first time on 7 March 1996. The Council was intended to replace the Arafat/Fatah-controlled Palestinian Authority, which was established as a temporary organ, pending the inauguration of the Council.[6] However, Arafat never transferred his powers to the PLC.

After the resignation of Palestinian Prime Minister, Mahmoud Abbas, on 6 September 2003, the Speaker of the Palestinian Legislative Council, Ahmed Qurei became acting Prime Minister. Qurei was Prime Minister from 7 October 2003 to 26 January 2006.

Second Palestinian Legislative Council, 2006–present

See main article: 2006 Palestinian legislative election and Current members of Palestinian Legislative Council. The Basic Law was amended in 2003. Under Article 66 of the Amended Basic Law of 2003, the approval of the PLC was required of each new government.[7] The PLC in June 2005 increased the number of PLC members from 88 to 132, with half being elected under a system of proportional representation and half by plurality-at-large voting in traditional constituencies.[8] [9]

A further Amended Basic Law of 2005 in August 2005 set a term of four years for the President, who may not serve more than two consecutive terms, and of the PLC at four years from the date of election.[10] The second Palestinian legislative election took place on 25 January 2006, which resulted in a decisive victory for Hamas. The second PLC was sworn in on 18 February 2006. Subsequently, the Hamas government was formed and sworn in on 29 March 2006.[11]

The European Union supplied election observers to "assess the whole election process, including the legal framework, the political environment and campaign, electoral preparations, voting and counting as well as the post-election period".[12] The United States had spent $2.3 million in USAID to support the Palestinian elections, allegedly designed to bolster the image of President Abbas and his Fatah party.[13]

After the Hamas takeover of the Gaza Strip in June 2007, the Gaza-based Hamas PLC members would meet separately in Gaza, leaving each part of the PLC without a quorum. The PLC has not convened since, and awaits a Fatah–Hamas reconciliation. Laws have been made by presidential decree, the legality of which has been questioned, especially by Hamas, which has refused to recognise such laws and decisions. Following the Hamas takeover of Gaza, President Abbas declared a state of emergency and, by presidential decree, besides other things, suspended the articles of the Amended Basic Law that required PLC approval of a new government.[14] [15]

Third Palestinian Legislative Council

See main article: Next Palestinian legislative election. In September 2007, following the Hamas takeover of Gaza, President Abbas by presidential decree changed the voting system for the PLC into a full proportional representation system, bypassing the dysfunctional PLC.[16] [17]

The 2006 election was the last Palestinian legislative election, though under the Basic Law the term of a PLC is four years. Fatah and Hamas had agreed in the 2014 Fatah–Hamas Agreements that the election for the third PLC take place sometime in 2014, but has been postponed because of continuing disagreements between Hamas and Fatah.[18]

Elections for the third PLC were scheduled for 22 May 2021, but were indefinitely postponed on 29 April 2021.

Malfunction

From the beginning, the PLC was not able to function properly for a number of reasons:

Relationship to PNC

While the PLC is elected by Palestinian residents of the Palestinian territories, it is not the parliament of the State of Palestine. Accordingly, the Palestinian Authority is not the government of the State of Palestine, but the self-government of the inhabitants of the territories. On the contrary, Palestine Liberation Organization (PLO) is recognized by the United Nations as the Government of the State of Palestine. The PLO has its own parliament, the Palestinian National Council (PNC), which is formally chosen by the Palestinian people in and outside of the Palestinian territories. Accordingly, the PLO Executive Committee, formally elected by the PNC, is the official government of the State of Palestine on behalf of the PLO.[31] The PLO does not itself field candidates for the PLC, but member parties or factions of the PLO can field candidates. The largest of those parties is Fatah.

Pursuant to the PA's "1995 Elections Law No. 13", the 132 PLC members would automatically become members of the PNC. This was revoked, however, by the "2005 Elections Law No. 9", which does not mention the PNC at all. The 2007 Elections Law No. 2, issued by presidential decree of President Abbas, re-instated the determination (Article 4).[32] As this PA legislation was neither enacted by the PLO nor the PNC, its legal validity is questioned in a PLO document. The document also states that "as opposed to the PNC, the PLC only represents the Palestinian population of the Occupied Territory, and does not reflect the political will of the entire Palestinian People".[33]

As Abbas, was the chairman of the Fatah-dominated PLO as well as of Fatah itself, and the disputed president of the Palestinian Authority (which also calls itself the State of Palestine), the functions of the PLO and of the PA are not clearly distinguished. While both PLC and PNC are virtually defunct, the functions of both legislatures are performed by the PLO Central Council.

Buildings

, in the West Bank, the PLC has two main buildings, one in Ramallah in the Ministry of Education, housing the Assembly Chambers, and the main administrative office of the PLC in al-Bireh, adjacent to Ramallah.[34] In Gaza, the headquarters is in Rimal, Gaza City.

In 2000, the construction of a Parliament Building to possibly house the PLC was started in Abu Dis, adjacent to East Jerusalem, where most of the Palestinian Authority's offices responsible for Jerusalem affairs are located, but the project was never finished.[35] [36]

The PLC buildings have repeatedly been the target of Israeli attacks. In 2002, the headquarters in the West Bank were heavily damaged and equipment destroyed. In January 2009, the Gaza headquarters was bombed during Operation Cast Lead.[37] [38] [39] The attacks were condemned by the UN Goldstone Mission, which called it a "grave breach of extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly."[40] The building was destroyed in September 2009.

See also

External links

Notes and References

  1. News: Unread post piles up at defunct Palestinian parliament . AFP . France 24 . 14 January 2020 . 29 July 2020 . 6 March 2021 . https://web.archive.org/web/20210306181011/https://www.france24.com/en/20200114-unread-post-piles-up-at-defunct-palestinian-parliament . live .
  2. Web site: Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip . https://web.archive.org/web/20140430070900/http://www.knesset.gov.il/process/docs/heskemb_eng.htm . 30 April 2014 . 28 September 1995 . Knesset . 20 December 2013.
  3. Web site: Annex II: Protocol Concerning Elections . https://web.archive.org/web/20081007021513/http://www.knesset.gov.il/process/docs/heskemb3_eng.htm . 7 October 2008 . Knesset . 20 December 2013.
  4. Web site: Palestinian Legislative Council (PLC) . https://archive.today/20131220173607/http://www.medea.be/en/countries/occupied-palestinian-territories/palestinian-legislative-council-plc/ . 20 December 2013 . MEDEA Institute . 20 December 2013.
  5. Web site: Text of Election Law No. 13 of 1995. 25 June 2018. 1 August 2023. https://web.archive.org/web/20230801205535/https://www.elections.ps/Portals/0/pdf/Election_Law_No_13_of_1995.pdf. live.
  6. Articles I and XXXI of the Oslo II Accord
  7. Web site: Text of the Amended Basic Law of 2003. 25 June 2018. 16 May 2021. https://web.archive.org/web/20210516014748/http://www.elections.ps/Portals/0/pdf/The_Amended_Basic_Law_2003_EN.pdf. live.
  8. Web site: Elections Law No 9 of 2005 . Article (2) . 13 August 2005 . 23 December 2015 . 11 October 2023 . https://web.archive.org/web/20231011005631/https://www.palestinianbasiclaw.org/downloads/2005-elections-law.pdf . live .
  9. News: Palestinian unity government sworn in by Mahmoud Abbas. BBC. 2 June 2014. 5 June 2014. 3 June 2014. https://web.archive.org/web/20140603033348/http://www.bbc.com/news/world-middle-east-27660218. live.
  10. Web site: Text of the Amended Basic Law of 2005. 25 June 2018. 5 October 2022. https://web.archive.org/web/20221005234649/https://www.elections.ps/Portals/0/pdf/The_amended_Basic_Law_of_2005_EN.pdf. live.
  11. News: US cuts diplomatic ties with Hamas government . The Guardian . 29 March 2006 . 17 June 2018 . 10 September 2021 . https://web.archive.org/web/20210910151839/https://www.theguardian.com/world/2006/mar/29/israel.usa . live .
  12. EU Election Observation Mission for Palestinian Legislative Council Elections . European Commission . press release IP/05/589 . 23 May 2005 . 31 March 2009 . 25 March 2024 . https://web.archive.org/web/20240325111724/https://ec.europa.eu/commission/presscorner/detail/en/IP_05_589 . live .
  13. U.S. "Aid to the Palestinians" . 3–5 . Jeremy M. . Sharp . CRS Report for Congress . 2 February 2006 . RS22370 . 18 June 2018 . 2 November 2021 . https://web.archive.org/web/20211102081320/https://www.cfr.org/content/publications/attachments/CRS%20Palestinian%20Aid.pdf . live .
  14. Web site: https://web.archive.org/web/20071012102508/http://jmcc.org/goodgovern/07/eng/presidentdecrees07.htm . Presidential Decrees Issued on June – July 2007 . JMCC . 12 October 2007.
  15. News: Framers of Palestinian constitution challenge Abbas . Adam . Entous . Reuters . 8 July 2007 . 5 July 2021 . 24 November 2014 . https://web.archive.org/web/20141124205852/http://www.reuters.com/article/2007/07/08/us-palestinians-law-idUSL0824203920070708 . live .
  16. Web site: Text of the Election Law by Decree of 2007. 25 June 2018. 21 August 2023. https://web.archive.org/web/20230821194643/https://www.elections.ps/Portals/0/pdf/Election_Law_%282007-Sept_02%29-EN.pdf. live.
  17. https://web.archive.org/web/20090612204924/http://www.pchrgaza.org/files/PressR/English/2007/115-2007.html . PCHR Position on the Presidential Decree on the Election Law . 2009-06-12 . PCHR . 4 September 2007.
  18. News: What's delaying Palestinian elections? . 28 January 2016 . . 22 January 2016 . Ahmad . Melhem . Ramallah, West Bank . 26 January 2016 . https://web.archive.org/web/20160126014851/http://www.al-monitor.com/pulse/originals/2016/01/hamas-fatah-palestinian-elections-postponement.html . live .
  19. Web site: The First Months of the Palestinian Legislative Council, May 1996 . 26–27, 31–32 . National Democratic Institute (NDI) . 1 May 1996 . https://web.archive.org/web/20140103195655/http://www.ndi.org/node/13905 . 3 January 2014. .
  20. Report by the Palestinian Centre for Human Rights on the closure imposed by Israel on the Gaza Strip . https://web.archive.org/web/20150924065854/http://www.pchrgaza.org/files/Reports/English/Closeup7.htm . 24 September 2015 . PCHR . 18 April 1996.
  21. Israeli Security Forces Prevent Palestinian Legislative Council Members from Travelling to Council Session in Nablus . https://web.archive.org/web/20150924070238/http://www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=60:israeli-security-forces-prevent-palestinian-legislative-council-members-from-travelling-to-council-session-in-nablus&catid=132:press-releases-from-other-years-99-04 . 24 September 2015 . PCHR . 12 June 1996.
  22. Web site: Resolution 1245 (2001) . https://web.archive.org/web/20140103195124/http://assembly.coe.int/Main.asp?link=%2FDocuments%2FAdoptedText%2Fta01%2FERES1245.htm . 3 January 2014 . European Parliamentary Assembly . 26 April 2001.
  23. European Parliament Delegation denied access to the Gaza Strip . European Parliament . 9 December 2009 . 3 January 2014 . 11 October 2023 . https://web.archive.org/web/20231011005729/https://www.europarl.europa.eu/meetdocs/2009_2014/documents/dplc/dv/dplc20100114press_release_/dplc20100114press_release_en.pdf . live .
  24. News: Israel denies EU delegation entry to Gaza . https://web.archive.org/web/20140103233342/http://www.maannews.net/eng/ViewDetails.aspx?ID=641044 . 3 January 2014 . Ma'an News Agency . 25 October 2013.
  25. Web site: PCHR Condemns Storming ICRC Head Office and Detention of PLC Member Toutah and Former Minister Abu 'Arafa . https://web.archive.org/web/20151208073845/http://www.pchrgaza.org/portal/en/index.php?option=com_content&id=8102:pchr-condemns-storming-icrc-head-office-and-detention-of-plc-member-toutah-and-former-minister-abu-arafa-&Itemid=194 . 8 December 2015 . PCHR . 24 January 2012.
  26. Web site: 1 August 2007: Detention of senior Palestinian officials – wrongful infringement of fundamental rights . B'Tselem . 24 May 2011 . 3 January 2014 . 11 October 2023 . https://web.archive.org/web/20231011005635/https://www.btselem.org/topic-page/1-aug-2007-detention-senior-palestinian-officials-wrongful-infringement-fundamental-right . live .
  27. Web site: Palestinian Legislative Council Members . Addameer . 27 November 2015 . 16 July 2015 . https://web.archive.org/web/20150716054153/http://www.addameer.org/the_prisoners/plc_member . live .
  28. News: Israel seizes Hamas legislators . BBC News . 29 June 2006 . 3 January 2014 . 27 March 2019 . https://web.archive.org/web/20190327092051/http://news.bbc.co.uk/2/hi/middle_east/5127556.stm . live .
  29. News: 25% of Palestinian MPs detained by Israel . Conal . Urquhart . Guardian . 21 August 2006 . 16 December 2016 . 1 July 2018 . https://web.archive.org/web/20180701193740/https://www.theguardian.com/world/2006/aug/21/israel . live .
  30. News: Official: Reconvening parliament will delay unity talks . https://web.archive.org/web/20130203010038/http://www.maannews.net/eng/ViewDetails.aspx?ID=561404 . 3 February 2013 . Ma'an News Agency . 2 February 2013.
  31. Web site: Abbas confirms resignation from PLO Executive Committee . https://web.archive.org/web/20150910230353/https://www.middleeastmonitor.com/news/middle-east/20576-abbas-confirms-resignation-from-plo-executive-committee . 10 September 2015 . The Middle East Monitor . 24 August 2015.
  32. Web site: 2007 Elections Law (Presidential decree) . palestinianbasiclaw.org . 15 March 2008 . 26 August 2015 . 22 September 2015 . https://web.archive.org/web/20150922063559/http://www.palestinianbasiclaw.org/election-laws/2007-presidential-decree . live .
  33. http://transparency.aljazeera.net/files/4698.pdf . Memo: Distinction between PLO, PA, PNC, PLC . The Palestine Papers . 5 February 2006 . . 26 August 2015 . 29 October 2015 . https://web.archive.org/web/20151029225713/http://transparency.aljazeera.net/en/projects/thepalestinepapers/201218205949656112.html . live .
  34. Report on the Destruction to Palestinian Governmental Institutions in Ramallah Caused by IDF Forces Between March 29 and April 21, 2002 . 2014-01-05 . bot: unknown . https://web.archive.org/web/20030323112115/http://www.pna.gov.ps/new/repintrod02.pdf . 23 March 2003 . Chap. II, p. 14 . Palestinian National Authority . 22 April 2002.
  35. Web site: UNRWA Profile of Abu Dis . https://web.archive.org/web/20070630093950/http://www.un.org/unrwa/emergency/barrier/profiles/abu_dis.pdf . June 30, 2007 . United Nations Relief and Works Agency . March 2004.
  36. News: Palestine denies Arafat's approval of Abu Dis as Palestinian capital. 1998-05-07. Arabic News. 2012-01-12. https://web.archive.org/web/20120225062223/http://www.arabicnews.com/ansub/Daily/Day/980507/1998050729.html. 2012-02-25. dead.
  37. News: Israel resumes bombardment of Gaza . Al Jazeera . 1 January 2009 . 5 January 2014 . 1 November 2019 . https://web.archive.org/web/20191101101152/https://www.aljazeera.com/news/middleeast/2009/01/2009118156881174.html . live .
  38. News: Eleven children among 21 killed on sixth day of Israeli air assault . https://web.archive.org/web/20140106031411/http://www.maannews.net/eng/ViewDetails.aspx?ID=207412 . 6 January 2014 . Ma'an . 1 January 2009.
  39. Web site: Abu Laila denounces Israeli shelling of Legislative Council building in Gaza . 2017-05-20 . bot: unknown . https://web.archive.org/web/20100828144544/http://www.dflp-palestine.org/english/news_%26_reports/abu-laila-denounces-israeli-shelling-of-legislative-council-building-in-gaza.htm . 28 August 2010 . . DFLP, 3 January 2009.
  40. Report of the United Nations Fact-Finding Mission on the Gaza Conflict . p.11., paragraph 32, "Attacks by Israeli forces on government buildings and persons of the Gaza authorities, including police" . United Nations . 25 September 2009 . 5 January 2014 . 28 September 2018 . https://web.archive.org/web/20180928070929/https://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf . live .

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