Ref: 152/2003 

PCHR calls upon the
Palestinian National Authority (PNA) to form a new cabinet in accordance with
the provisions of the Basic Law. PCHR believes that the current cabinet, which
has not been approved by the Palestinian Legislative Council (PLC), is in
violation of the Basic Law. 

 This current
crisis began on 6 September 2003, when former Palestinian Prime Minister
Mahmoud Abbas resigned from his post and Ahmed Qurai was nominated by President
Yasser Arafat to form a new cabinet. However, Qurai was unsuccessful in his
efforts to form a cabinet during the required time frame of 3 weeks, renewable
for a further 2 weeks, in accordance with article 65 of the Palestinian Basic
Law. According to article 65, the appointed prime minister must be substituted
by another candidate, in the event that he fails to form a cabinet during the
stated time period, or following the failure to obtain a vote of confidence
from the PLC.

 On 5 October
2003, the Palestinian President issued a decree declaring a “state of
emergency” for a period of no more than 30 days, initiating the formation of
“an emergency cabinet” to be headed by Ahmed Qurai. This decision was criticized
by PCHR on the grounds that there is no legal basis for the establishment of an
“emergency cabinet” (see www.pchrgaza.org:
“An Advisory Opinion on the Presidential Decree to “Declare a State of
Emergency and to Form an Emergency Cabinet””). PCHR stressed that the “state of
emergency” cannot obstruct the work of the PLC and that the formation of the
new cabinet must be ratified by the PLC. Under Palestinian law, until such time
as a new cabinet is formed, the outgoing cabinet should act as a caretaker
government. However, the new prime minister and his cabinet illegally assumed
their responsibilities, without obtaining a vote of confidence from the PLC.

 The one month
period of the “state of emergency” ended as of 4 November 2003, however so far
efforts made by Ahmed Qurai to form a new cabinet have been unsuccessful. In
contravention of the Basic Law, President Arafat requested that Qurai and his
“emergency cabinet” continue in their positions as a “caretaker government,”
until such time as a new government is formed.

 PCHR believes
that the current cabinet violates the Basic Law, article 69, paragraph 4 of
which, provides that “Any minister, including the Prime Minister, shall not
assume the responsibilities of their post unless they obtain a vote of
confidence from the Legislative Council.” PCHR believes that the decision to
extend the term of the cabinet further undermines the Palestinian Legislative
Council. PCHR calls upon the prime minister and his cabinet to stand down,
until such time as a new government is formed and granted full parliamentary
confidence, in accordance with the Basic Law.