Ref: 10/2006

Date:  05 February 2006

Time: 09:30 GMT

Continuous Operation of the Higher Committee for Local Elections Constitutes a Violation of the Law

PCHR calls upon the Palestinian National Authority (PNA) to dissolve the Higher Committee for Local Elections (HCLE) and transfer its authorities to the Central Election Commission (CEC) in accordance with the law.  PCHR also calls for scheduling the elections of the remaining local councils, including the repetition of elections for  the local councils of Rafah, al-Boreij and Beit Lahia.

The HCLE is the body responsible for organizing elections of Palestinian local councils.  It consists of 17 members, according to presidential decree 8 of 2005, and is headed by Jamal al-Shoubaki, former Minister of Local Government.  It is different from the CEC, which is responsible for organizing general elections for the PNA.  This dual responsibility for organizing elections has been criticized.  PCHR has also called for merging these two bodies into an independent national commission to be formed in accordance with the constitution and to be responsible for organizing both the general and local elections. 

On 15 August 2005, the PNA promulgated Law No. 10 of 2005 for Election of Local Bodies Councils, to replace Law No. 5 of 1996 for Election of Local Bodies Councils and its amendments in Law No. 5 of 2004.  According to the new law, the CEC, rather than the HCLE, is the body responsible for organizing and supervising elections of local councils, which PCHR considers as a positive development.  However, under the law, the HCLE is to continue its duties, which are transferred to the CEC until the end of 2005, when the CEC assumes these duties.[1] Thus, the new law entitles the HCLE to complete the elections of local councils, which the PNA decided to hold in stages, the first of which started at the end of 2004 and the last of which was expected to be completed by the end of 2005. 

The HCLE supervised 4 stages of these elections between December 2004 and December 2005, while the fifth and last stage of these elections was postponed.  These elections were supposed to be held in 3 stages that include all Palestinian local councils.  During the same period, elections were have not been repeated in Rafah, al-Boreij and Beit Lahia.  Elections for these councils were held in May, in the context of the second stage of elections in May 2005, but results were challenged by the Faithfulness for al-Aqsa List of Fatah movement.[2]            

The past four weeks have witnessed attempts by the PNA to amend Law No. (10) of 2005, to allow the HCLE to continue its work until the completion of elections of local councils, but these attempts have not been fruitful.  The HCLE has also continued its work in its main offices in Ramallah and Gaza more than one month following the date that had been decided on for its dissolution.

In light of the above:

1.      PCHR asserts that the continuous operation of the HCLE is illegal and violates the provisions of Law No. (10) of 2005 for Election of Local Councils. 

2.      PCHR calls for the dissolution of the HCLE and transfer of its authorities to the CEC in accordance with the law. 

3.      PCHR calls for deciding a date for the fifth and last stage of elections of local councils. 

4.      PCHR reiterates its call for formulating a process, acceptable to all parties, to repeat elections in Rafah, al-Boreij and Beit Lahia.  In this context, PCHR calls for repeating elections in these areas completely rather than in certain polling stations in light of the new law for local elections based on proportional representation instead of the old law according to which these elections were organized. 

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