Ref: 36/2008

Date: 28 September  2008

PCHR Organizes a Roundtable Discussion on the Debate over the Presidential Term in its Office in Khan Yunis

On 28 September 2008, the Palestinian Center for Human Rights (PCHR) organized in its office in Khan Yunis a roundtable discussion on the debate over the presidential term. Several representatives of national factions and civil society organizations, interested people, academics and journalists, attended the roundtable discussion. The discussion was organized in response to the conflicting statements of both Hamas and Fatah movements on the expiry date of the Presidential term of President Mahmoud Abbas, and on the issue of whether the Speaker of the Palestinian Legislative Council would preside over the Palestinian National Authority (PNA) if presidential elections were not organized by 9 January 2009.

Raji Sourani, Director of PCHR, opened the discussion by welcoming the participants. Sourani affirmed that we are facing a severe national crisis manifested in the continuation of the vertical fragmentation of the Palestinian political pyramid that began 15 months ago. In addition, Sourani highlighted the ongoing legal crisis which is linked with the Palestinian severe political fragmentation and which is a manifestation of this fragmentation.

Hamdi Shaqqura, Director of PCHR Democratic Development Unit, presented a position paper that PCHR had prepared earlier on the ongoing debate over the presidential term. He presented the most significant elements of the position paper. Shaqqura highlighted the two conflicting positions of Fatah and Hamas movements and presented the legal opinions of the Fatwa and Legislation Offices in Gaza and in Ramallah. Shaqqura emphasized that the organization of the presidential elections requires creating an appropriate atmosphere for them to ensure their fairness and credibility. He added that, to create such atmosphere, a state of reconciliation between Fatah and Hamas movements should be achieved. He warned of the inauguration of the PLC Acting Speaker as the new President in case the elections were not organized. He also warned that such step would lead to further fragmentation.

The participants then intervened to discuss the two conflicting positions of Fatah and Hamas. They considered that the crisis is political and it could be settled only via dialogue and national reconciliation.

Lawyer Salim al-Saqqa intervened to say that there are two points of view regarding the ongoing crisis; the first is constitutional and the other one is political. He affirmed that both views lack the legal support, not because there is not an available legal text, rather because the two points of views are completely politically motivated. He called for committing to the general principles of the law in order to settle the ongoing crisis.

Talal Abu Tharifa, member of the Political Bureau of the Democratic Front for the Liberation of Palestine, agreed with the conclusion of PCHR’s position paper. He called for studying the substance of the crisis in order to reach a solution. He stressed that it is important that NGOs work jointly with factions to form a compressive public movement in the Palestinian community in order to overcome the ongoing crisis.

Dr. Kamal al-Astal, a lecturer at al-Azhar University of Gaza, affirmed that the issue is not legally but politically motivated. He pointed out that the Palestinian National Authority (PNA) was established and conducted its work without following a basic law. He added that the coup d’etat of 14 June 2007 was a coup against the constitution and it was a resort to weapons. He refused to talk about those who launched a coup d’etat against legitimacy in the name of legitimacy.

Dr. Ramadan Qudeih, a lecturer at al-Aqsa University, agreed with PCHR’s position paper. He added that the Palestinian Basic Law is not a constitution; however, it is a temporary basic law that organizes the PNA’s conduct. He continued to say it is obvious in the preamble of the Palestinian Basic Law that the Palestine Liberation Organization (PLO) is the reference for this law. He finally called for maintaining the PLO, while reforming its institutions, as it is the political cover of the Palestinian broader situation.

Abdul Aziz Qudeih, a leader of the Palestinian Popular Struggle Front, considered the exist from the legal trouble caused by the political fragmentation and by the ongoing conflict lies in inviting Arab and international legal institutions to give their opinions to settle the ongoing crisis.

Ghassan Abu al-Khatib, from Birzeit University Center for Development Studies, said that the crisis is ongoing and that the parties contribute to deepening the fragmentation. He expected that the ongoing fragmentation would not strop before next 9 January. Al-Khatib called for forming a lobbying body against the ongoing fragmentation.

Adnan al-Assar, a leader of the Palestinian Arab Front, agreed that the crisis is politically not legally motivated. He called for presenting the crisis to the League of the Arab States that would present it to specialist jurists for solutions.

Hejazi Abu Shanab, a leader of the Palestinian People’s Party, said that the day when the presidential term ends is a crucial day. He added that on that day, the position of those who launched the coup d’etat and who used force would be revealed. Abu Shanab continued, it would be revealed whether they were concerned to go back or on. He called upon the civil society organizations to be more resolute in their struggle and views to confront the ongoing crisis.

Dr. Mohammed Ayoub, a social activist, said that the Palestinian ongoing conflict would bring us back to the situation that prevailed in 1967, calling upon Hamas not to be an executive tool that leads to that situation. He finally called for reconciliation on the organization elections under Arab and international supervision.

Yahya al-Ghalban, a leader of Popular Front for the Liberation of Palestine (PFLP), considered that some statements aim at collecting pressure cards to be used in the dialogue. He affirmed that the ongoing conflict is a political conflict that is based on powers, intended projects and interests. Al-Ghalban called for referring to the people as a source of authorities.

Lawyer Mohammed al-Saqqa, criticized the national factions because they limit their role to make condemnation and denunciation statements. He said the Palestinian people, particularly in the Gaza Strip, are the only victim of the current situation. Al-Saqqa called upon the civil society organizations and the different factions to assume their responsibilities.

Hiam al-Saqqa, director of the Happy Home Society, said the Palestinian people in the Gaza Strip are the victims of the current situation. She called upon Palestinian political leaders to give priority to the people’s higher interests, not to the factional interests.

Ibrahim Shahin, a leader of PFLP, blamed PLC members for their inadequate performance. He called for making a referendum to resolve the conflict.

Ibrahim Mu’ammar, director of the National Association of Democracy and Law, praised PCHR’s position paper that he considered comprehensive and courageous. He called for organizing a public conference that would adopt the position paper and that would find resolution for the ongoing crisis through this paper.

Abdul Hakim al-Saqqa, a social activist, considered that jurists are the responsible for the ongoing crisis because they are unable to formulate legal texts.

Ibrahim Shurrab, a social activist, affirmed the legitimacy of PLO and praised PCHR’s position paper. He called upon political figures to adopt PCHR’s position paper and present it to the parties of the dialogue in Cairo.

Lou’ay Mu’ammar, a leader of DFLP, pointed out the absence of the public movement due to the conflict between Fatah and Hamas. He called for the organization of different activities, including public demarches, to request terminating the file of political imprisonment and activating the national dialogue.

Dr. Hani al-Aqqad, a political writer, stressed that we are in a state of political loss that caused the absence of democracy. He wondered how those who launched the coup d’etat against democracy and law can maintain these two elements.

Raji Sourani, Director of PCHR, concluded by saying that PCHR, as usual, was biased to the law, rights, justice and homeland. He called for considering 9 January 2009 a motive and a reason for dialogue and reconciliation to be alternatives to political nihilism.

This was the second roundtable discussion that PCHR has organized on the debate over the presidential term. The first roundtable was organized on 22 September 2008 in Gaza City and was attended by members of PLC, representatives of national and Islamic factions, representatives of civil society and human rights organizations, academics and community figures.