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Ref: 51/2005

Date: 10 April 2005

Time: 10:15 GMT

PCHR Calls upon the PLC to Approve the Amended Electoral Law Soon

PCHR is concerned that the amended electoral law to date has not been approved and the opportunity to hold parliamentary elections as determined in July 2005 might have passed. 

A presidential decree was issued on 8 January 2005 specifying 17 July 2005 as the date for holding Palestinian parliamentary elections.  These elections are expected to constitute an important turning point in the Palestinian political regime as Palestinians will be able to select new members of the Palestinian Legislative Council (PLC) whose legal term ended in May 1999. 

Following the presidential election, held on 9 January 2005, and the first stage of elections of local councils in the West Bank and the Gaza Strip, the parliamentary elections will be the next important step in the process of Palestinians democratic reform.  The elections have gained more importance with the declaration of most Palestinian partisan entities, including some of those who boycotted the 1996 general elections and the 2005 presidential election, to participate.   

However, it seems that the opportunity to hold parliamentary elections on time might have passed as the PLC has not approved the amended electoral law.  The PLC approved the draft amended law in the first reading on 3 February 2005 following months of discussion.  The draft amended law includes essential amendments to the Palestinian electoral system that has been in effect since December 1995.  The most prominent of these amendments is the adoption of a mixed electoral system between a national constituency. Under this, two thirds of the PLC members will be elected under the standard system of using geographical electoral constituencies through a first-past-the post simple majority system.  The other one third of the members will be elected using a central electoral list which consists of one national constituency elected using proportional representation.  Under this system, voters select a political party rather then voting for an individual, who may or may not be attached to a party.

The proposed mixed electoral system is a positive development in the Palestinian electoral system as it will ensure a just representation of Palestinians.  However, it does not go far enough and most Palestinian civil society groups and partisan entities have called for more amendments to ensure that at least half of the PLC members be elected in accordance with the system of proportional representation.  Such representation is pursuant to the agreement concluded between Palestinian partisan entities and the Palestinian National Authority (PNA) in Cairo last month. 

According to Palestinian legislation, a draft law must be approved in the first and the second reading and then transferred to the Palestinian President to ratify or comment and send the draft law back to the PLC for a third reading.  To date, there has been no second reading of this law.  The Palestinian Central Election Commission (CEC) has recently declared that it would need three months from the date of the approval of the law to make preparations for holding the parliamentary elections.  During this period complementary registration of voters, nomination for candidatures and election campaigning will be held.  The CEC has called upon the PLC to approve the amended electoral law as soon as possible. 

To ensure that the parliamentary elections will be held on 17 July 2005 as declared, the amended electoral law must be approved before 17 April 2005.  The ability of the PLC to meet this timeline is of concern; there is no indication that the PLC will hold a session this week to approve the draft law in the second reading.  Further, PCHR is concerned that the intention of the PNA and the governing party, constituting the majority of members in the PLC, is to postpone the parliamentary elections. 

While PCHR welcomes the steps recently taken by the PNA in the context of democratic reform, including holding presidential and local elections, it hopes that more steps will be taken in this context, including holding parliamentary elections on time.  PCHR reiterates its calls for the PLC to approve the electoral law to be issued by the PNA as soon as possible.      

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org