POLITICS OF THE PALESTINIAN NATIONAL AUTHORITY

BENEDICT GOMBOCZ

OVERVIEW

• THE POLITICAL SYSTEM OF THE PALESTINIAN NATIONAL AUTHORITY (PNA) FUNCTIONS IN THE STRUCTURE OF A SEMI-PRESIDENTIAL MULTI-PARTY REPUBLIC, WITH A LEGISLATIVE COUNCIL, AN EXECUTIVE PRESIDENT, AND A PM AS HEAD OF THE CABINET.

• EVEN THOUGH THE PNA IS NOT AN INTERNATIONALLY RECOGNIZED SOVEREIGN STATE, MORE THAN ONE HUNDRED COUNTRIES HAVE EXTENDED DIPLOMATIC RECOGNITION TO IT.

• THE STATUS OF PALESTINE IN THE UN WAS PROMOTED TO NON-MEMBER “STATE OF PALESTINE” STATUS; IN JANUARY 2013, THE PRESIDENT OF PALESTINE ISSUED A FORMAL DECREE TO RENAME ALL PALESTINIAN AUTHORITY INSTITUTES TO STATE OF PALESTINE INSTITUTES.

MAJOR LEADERS OF THE PALESTINIAN NATIONAL AUTHORITY

MAJOR LEADERS OF THE PALESTINIAN NATIONAL AUTHORITY

• GOVERNMENT PROVISIONAL (SEMI-PRESIDENTIAL)

• PRESIDENT

• 1994-2004 YASSER ARAFAT

• 2004-2005 RAWHI FATTOUH

• 2005-2013 MAHMOUD ABBAS

PALESTINIAN LEGISLATIVE COUNCIL

MAP OF THE PALESTINIAN NATIONAL AUTHORITY

POLITICAL DEVELOPMENTS SINCE 1993

• ON SEPTEMBER 13, 1993, ISRAEL AND THE PLO SIGNED THE OSLO ACCORDS, WHICH CREATED THE PALESTINIAN NATIONAL AUTHORITY, A RULING BODY FOR THE PROVISIONAL PERIOD AWAITING FINAL STATUS NEGOTIATIONS.

EXECUTIVE BRANCH

• THE PRESIDENT OF THE PALESTINIAN NATIONAL AUTHORITY IS THE MOST SUPREME POLITICAL POST (EQUIVALENT OF HEAD OF STATE) IN THE PALESTINIAN NATIONAL AUTHORITY; THE PRESIDENT IS ELECTED THROUGH POPULAR ELECTIONS.

• THE PM IS NEITHER DIRECTLY ELECTED BY THE PALESTINIAN LEGISLATIVE COUNCIL (PARLIAMENT) NOR PALESTINIAN VOTERS; INSTEAD, HE IS NOMINATED BY THE PRESIDENT OF THE PALESTINIAN NATIONAL AUTHORITY.

• THE PM OF PALESTINE, IN CONTRAST TO THE PM’S OFFICE IN MANY OTHER COUNTRIES, DOES NOT SERVE AS A MEMBER OF THE LEGISLATURE WHILE HE IS IN OFFICE; THE NOMINATION IS INSTEAD DONE INDEPENDENTLY BY THE GOVERNING PARTY.

• THE PM IS EXPECTED, IN PARLIAMENT, TO REPRESENT THE LARGEST PARTY OR THE PARLIAMENTARY GOVERNING COALITION.

• SINCE THE BREAKUP OF THE NATIONAL UNITY GOVERNMENT ON 14 JUNE 2007, WHEN PRESIDENT ABBAS DECLARED A STATE OF EMERGENCY TO DISCHARGE ISMAIL HANIYEH AS PM (HE AND THE PALESTINIAN LEGISLATIVE COUNCIL NEVER RECOGNIZED THE LEGALITY OF THIS STEP), THE PNA’S TRUE LEADERSHIP HAS BEEN IN DISPUTE.

• CONFLICTS INVOLVING FATAH AND HAMAS GAVE THE FORMER CONTROL OF THE WEST BANK AND THE LATTER CONTROL OF THE GAZA STRIP, WHICH HAS LED TO SEPARATE DE FACTO LEADERSHIPS IN THE TERRITORIES, BOTH WITH UNCERTAIN CONSTITUTIONAL LEGITIMACY.

MAIN OFFICE HOLDERS

MAIN OFFICE HOLDERS• OFFICE: PRESIDENT OF THE WEST BANK

• NAME: MAHMOUD ABBAS

• PARTY: FATAH

• SINCE: 15 JANUARY 2005

• OFFICE: PRIME MINISTER IN THE WEST BANK

• NAME: RAMI HAMDALLAH

• PARTY: FATAH

• SINCE: 6 JUNE 2013

MAIN OFFICE HOLDERS • OFFICE: ACTING PRESIDENT IN THE GAZA STRIP

• NAME: ABDEL AZIZ DUWAIK

• PARTY: HAMAS

• SINCE: 9 JANUARY 2009

• OFFICE: PRIME MINISTER IN THE GAZA STRIP

• NAME: ISMAIL HANIYEH

• PARTY: HAMAS

• SINCE: 29 MARCH 2006

LEGISLATIVE BRANCH

LEGISLATIVE BRANCH • THE PALESTINIAN LEGISLATIVE COUNCIL (ARABIC: MAJLIS AL-TASHRI'I) IS THE

PALESTINIAN NATIONAL AUTHORITY’S LEGISLATURE.

• IT SHOULD NOT BE MISTAKEN FOR THE PALESTINE NATIONAL COUNCIL, THE NATIONAL LEGISLATURE OF THE PALESTINIANS AS A WHOLE.

• IN JUNE 2005, THE PLC PASSED A NEW LAW THAT INCREASED THE NUMBER OF MPS FROM EIGHTY-EIGHT TO 132, WHICH REQUIRED THAT HALF BE ELECTED THROUGH A SYSTEM OF PROPORTIONAL REPRESENTATION AND HALF THROUGH CUSTOMARY ELECTORATES.

• ON 25 JANUARY 2006, PARLIAMENTARY ELECTIONS OCCURRED.

• INITIAL EXIT POLLING SHOWED THAT FATAH GAINED THE MOST SEATS (WITHOUT A MAJORITY), BUT THE RESULTS WERE DIFFERENT.

PALESTINIAN LEGISLATIVE COUNCIL

JUDICIAL BRANCH

• IN ACCORDANCE WITH THE CONSTITUTION, THE JUDICIARY BRANCH IS INDEPENDENT, AND SHOULD BE ASSUMED BY THE VARIOUS SORTS AND LEVELS OF COURTS.

• THE STRUCTURE, JURISDICTION, AND RULINGS OF THE COURTS SHOULD FUNCTION ACCORDING TO THE LAW.

• THE RULINGS SHOULD BE DECLARED AND IMPLEMENTED IN THE NAME OF THE PALESTINIAN PEOPLE; ADDITIONALLY, IT STATES THAT THE JUDGES SHOULD BE INDEPENDENT, AND SHOULD NOT BE UNDER THE JURISDICTION OF ANY AUTHORITY OTHER THAN THE AUTHORITY OF LAW WHILE EXERCISING THEIR RESPONSIBILITIES, AND THAT NO OTHER POWER SHOULD INTERVENE IN THE JUDICIARY OR IN THE JUSTICE AFFAIRS.

• THE BASIC LAW REQUIRES THE CREATION OF A SUPREME JUDICIAL COUNCIL.

• CONSTITUTION ARTICLES:

• ARTICLE 101 1. STATES: SHARIA’ (ISLAMIC LAW) AFFAIRS AND PERSONAL STATUS SHALL BE ASSUMED BY SHARIA’ AND RELIGIOUS COURTS IN ACCORDANCE WITH LAW. 2. MILITARY COURTS SHALL BE ESTABLISHED BY SPECIAL LAWS. SUCH COURTS SHALL NOT HAVE ANY JURISDICTION BEYOND MILITARY AFFAIRS.

• CONCERNING PUBLIC PROSECUTIONS, THE CONSTITUTION STATES THE FOLLOWING:

• "ARTICLE 107 1. THE ATTORNEY GENERAL SHALL BE APPOINTED THROUGH A DECISION ISSUED BY THE PRESIDENT OF THE NATIONAL AUTHORITY, BASED ON A RECOMMENDATION SUBMITTED BY THE SUPREME JUDICIAL COUNCIL, AND ENDORSEMENT OF THE LEGISLATIVE COUNCIL. 2. THE ATTORNEY GENERAL SHALL HANDLE AND ASSUME PUBLIC CASES IN THE NAME OF THE PALESTINIAN ARAB PEOPLE. THE JURISDICTION, FUNCTIONS AND DUTIES OF THE ATTORNEY GENERAL SHALL BE SPECIFIED BY LAW.

• "ARTICLE 108 1. THE JURISDICTION, FUNCTIONS, STRUCTURE, AND COMPOSITION OF THE PUBLIC PROSECUTION SHALL BE REGULATED BY LAW. 2. THE APPOINTMENT, TRANSFER, REMOVAL, AND QUESTIONING CONDITIONS OF MEMBERS OF PUBLIC PROSECUTION, SHALL BE SPECIFIED BY LAW.

• "ARTICLE 109 EXECUTION SENTENCE ISSUED BY ANY COURT SHALL NOT BE IMPLEMENTED UNLESS ENDORSED BY THE PRESIDENT OF THE NATIONAL PALESTINIAN EXECUTIVE AUTHORITY."

ADMINISTRATIVE DIVISIONS

ADMINISTRATIVE DIVISIONS

• THE WEST BANK AND THE GAZA STRIP WERE DIVIDED INTO THREE ZONES (A. B, AND C) AND GOVERNORATES FOLLOWING THE SIGNING OF THE OSLO ACCORDS.

• AREA A IS THE ZONE UNDER PA SECURITY AND CIVILIAN OCCUPATION.

• AREA B IS THE ZONE UNDER PALESTINIAN CIVILIAN AND ISRAELI SECURITY OCCUPATION.

• AREA C IS THE ZONE UNDER FULL ISRAELI OCCUPATION, INCLUDING SETTLEMENTS.

MAP

MAHMOUD ABBAS

MAHMOUD ABBAS• BORN 26 MARCH 1935 IN SAFED, MANDATORY PALESTINE.

• ALSO KNOWN BY THE NAME ABU MAZEN.

• CHAIRMAN OF THE PALESTINE LIBERATION ORGANIZATION (PLO) SINCE 11 NOVEMBER 2004 AND PRESIDENT OF THE STATE OF PALESTINE SINCE 15 JANUARY 2005.

• MEMBER OF THE FATAH PARTY.

• WAS ELECTED TO SERVE UNTIL 9 JANUARY 2009, BUT BECAUSE OF THE PALESTINIAN INTERNATIONAL CONFLICT, HE SINGLY EXTENDED HIS TERM FOR ANOTHER YEAR AND REMAINS IN OFFICE EVEN YEARS AFTER THAT SECOND DEADLINE EXPIRED; CONSEQUENTLY, FATAH’S MAIN COMPETITOR, HAMAS, ANNOUNCED THAT IT WOULD NOT ACKNOWLEDGE THE EXTENSION NOR VIEW ABBAS AS THE RIGHTFUL PRESIDENT.

• ON 23 NOVEMBER 2008, HE WAS SELECTED AS THE PRESIDENT OF THE STATE OF PALESTINE BY THE PALESTINE LIBERATION ORGANIZATION’S CENTRAL COUNCIL, A POSITION HE INFORMALLY HELD SINCE 8 MAY 2005.

• SERVED AS THE FIRST PM OF THE PALESTINIAN AUTHORITY FROM MARCH TO OCTOBER 2003, WHEN HE STEPPED DOWN IN THE MIDST OF LITTLE SUPPORT FROM ISRAEL AND THE UNITED STATES AS WELL AS “INTERNATIONAL INCITEMENT” AGAINST HIS GOVERNMENT.

• ALSO MANAGED THE PLO’S NEGOTIATIONS AFFAIRS DEPARTMENT BEFORE HE WAS APPOINTED PM; ONE OF HIS MAIN NEGOTIATORS WAS SAEB EREKAT.

PHOTO

RAMI HAMDALLAH

RAMI HAMDALLAH • BORN 10 AUGUST 1958 IN ANABTA.

• PM OF PALESTINE AND PRESIDENT OF AN-NAJAH NATIONAL UNIVERSITY IN NABLUS.

• WAS APPOINTED AS SALAM FAYYAD’S SUCCESSOR AS PM BY PALESTINIAN PRESIDENT MAHMOUD ABBAS ON 2 JUNE 2013.

• HIS NOMINATION WAS NOT ACKNOWLEDGED BY HAMAS, WHO WERE NOT CONSULTED.

• MEMBER OF FATAH, EVEN THOUGH THE BBC CONSIDERS HIM A POLITICAL INDEPENDENT.

• OFFERED HIS RESIGNATION ON 20 JUNE 2013, WHICH PRESIDENT ABBAS ACCEPTED THREE DAYS LATER; SIX WEEKS LATER, ABBAS ASKED HAMDALLAH TO CREATE A NEW GOVERNMENT, WHICH HE DID ON 19 SEPTEMBER 2013.

• WAS NOMINATED AS THE HEAD OF THE 2014 PALESTINIAN GOVERNMENT ON 2 JUNE 2014.

PHOTO

AZIZ DUWAIK

AZIZ DUWAIK • BORN 12 JANUARY 1948.

• SPEAKER OF THE PALESTINIAN LEGISLATIVE COUNCIL (PLC) SINCE HE WAS ELECTED TO THAT POSITION ON 18 JANUARY 2006.

• WAS DETAINED IN ISRAEL ON ACCUSATIONS OF TIES TO HAMAS, BUT WAS RELEASED ON 22 JUNE 2009.

• SOME PALESTINIANS CONSIDER HIM, AS THE PLC SPEAKER, TO BE THE PALESTINIAN NATIONAL AUTHORITY’S PRESIDENT, AS MAHMOUD ABBAS’ TERM TECHNICALLY EXPIRED ON 9 JANUARY 2009.

• WORKED AS A PROFESSOR OF URBAN GEOGRAPHY AT AN-NAJAH NATIONAL UNIVERSITY IN NABLUS ON THE WEST BANK BEFORE HE ENTERED POLITICS; HAS A PHD IN REGIONAL AND ARCHITECTURE PLANNING FROM THE UNIVERSITY OF PENNSYLVANIA.

• IS MARRIED AND HAS SEVEN CHILDREN; ONE OF HIS DAUGHTERS IS A SCHOOL PRINCIPAL, AND THREE OF HIS OTHER CHILDREN ARE STUDENTS OF MEDICINE OR PHARMACY.

• HIS WIFE OWNS A DAYCARE CENTRE OUT OF THE FAMILY HOME NAMED MARJ AZ-ZAHOUR, NAMED AFTER THE PLACE IN LEBANON WHERE HER HUSBAND WAS BRIEFLY IN EXILE IN 1992.

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ISMAIL HANIYEH

ISMAIL HANIYEH • BORN 29 JANUARY 1963 IN AL-SHATI, GAZA STRIP.

• SENIOR POLITICAL LEADER OF HAMAS; WAS ONE OF TWO DISPUTED PMS OF THE PALESTINIAN NATIONAL AUTHORITY UNTIL 2 JUNE 2014.

• BECAME PM FOLLOWING THE HAMAS VICTORY IN THE 2006 LEGISLATIVE ELECTIONS.

• WAS DISCHARGED BY PRESIDENT ABBAS ON 14 JUNE 2007 AT THE CLIMAX OF THE FATAH-HAMAS CONFLICT, BUT HANIYEH NEVER RECOGNIZED THE DECREE AND MAINTAINS HIS PRIME MINISTERIAL POWER IN THE GAZA STRIP; THE PALESTINIAN LEGISLATIVE COUNCIL ALSO STILL ACKNOWLEDGES HIS POWER.

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THE END (النهاية)