Ref: 35/2008
Date: 23 September 2008
PCHR Organizes a Roundtable Discussion on the Debate over the Presidential Term
Participants Affirm the Problem is Political and the Solution Lies in National Conciliation or in resorting to the Constitutional Court
On 22 September, the Palestinian Center for Human Rights (PCHR) organized, a roundtable discussion on the debate over the end of the presidential term. Dozens of interested persons, including members of the Palestinian Legislative Council (PLC), representatives of national and Islamic factions, representatives of civil society organizations, businessmen, academics and journalists, attended the roundtable discussion. The discussion was organized in response to the conflicting statements and positions 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 PLC speaker would preside over the Palestinian National Authority (PNA) if presidential elections were not organized by 9 January 2009.
PCHR Director, Raji Sourani, opened the discussion by welcoming the participants. Sourani affirmed that the discussion was important because it addressed a complex issue that had serious implications. He warned of the continuation of the vertical fragmentation of the Palestinian political pyramid. In addition, Sourani called for the delegates to see the presidential term issue as a motive for dialogue and national reconciliation, as opposed to deepening the ongoing fragmentation.
Hamdi Shaqqura, Director of PCHR Democratic Development Unit, summarized PCHR’s position on the ongoing debate on the presidential term. Shaqqura presented the most significant elements of the position paper that had been previously prepared by PCHR on the ongoing debate. In his presentation, he affirmed that the crisis was politically not legally motivated. He also presented the main themes of PCHR’s position paper which are: conflicting statements and positions concerning the presidential term; the vacancy of president position in the Basic Law; the Elections Law No. 9 of 2005 and its amendments; PCHR’s position concerning the organization of presidential elections; and finally, PCHR’s position towards the ongoing political crisis. Shaqqura reiterated he completely supported holding the elections, but not before creating the appropriate atmosphere for them to ensure their fairness, including the agreement between Fatah and Hamas movements. 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 would lead to further fragmentation and destruction of PNA institutions.
The participants then intervened to present their opinions and positions on the presidential term issue and the expiry date of the presidential term. Some interveners expressed their support for extending the presidential term of President Abbas while others expressed their opposition to this opinion while expressed their support for heading the PNA by the PLC Speaker.
Huda Na’im, a PLC member for the Hamas Change and Reform Bloc, was the first to intervene. She affirmed that the Palestinian Constitution was a red line that must not be transgressed or violated. She added the Palestinian Constitution formed the standard to be invoked. Na’im refused the co-occurrence of the legislative and the presidential elections. She reiterated that respect for the Palestinian Basic Law is the starting point for settling various crises, including the problematic presidential term and the political fragmentation.
Dr. Rabah Muhana, member of the Political Bureau of the Popular Front for the Liberation of Palestine, explained that the illusion which the Palestinian people had lived since the signing of the Oslo Accords and the abhorrent partisanship were the motive for the Palestinian internal conflict. He added that the termination of internal conflict requires, first and foremost, the termination of political fragmentation.
Dr. ‘Asa’ad Abu Skarekh, a professor at al-Azhar University of Gaza, intervened to say he agreed that the crisis was politically motivated and that political dialogue was the only option to settle the crisis. He wondered about the reasons that prevented President Abbas from coming to Gaza to meet with the people and political factions. Dr. Abu Sharekh called for launching a comprehensive national dialogue to avert what could happen on and 9 January if the current state continued.
Ramzi Rabah, Member of the Political Bureau of the Democratic Front for the Liberation of Palestine, praised PCHR’s position paper for its accuracy and balance. He then explained that the matter is related to a constitutional crisis that broke out in view of severely complicated political conditions. He warned of tending to talk about the conflicting legal positions that might enhance the current state of fragmentation. Rabah stressed that everybody supports the law; however, everybody recognizes that conditions were not favorable for the organization of elections. Finally, he called upon various parties to seriously work towards achieving the national reconciliation that was the only option to overcome the current political crisis.
Counselor Mohammed ‘Aabed, chairman of the Fatwa and Legislation Office in Gaza, said there had been still a chance to create favorable conditions to organize the elections. He refused to prejudge that conditions were not favorable. Counselor ‘Aabed emphasized the need to respect the constitution and to comply with its terms as superior to all other laws, including the elections law.
Eng Imad al-Falouji, former minister, former PLC member and director of Adam Center, said it is a legal and constitutional problem with political implications. He demanded to utilize that problem to exert pressure to reach the national conciliation before the expiry date of the presidential term. He affirmed that all other choices would lead to further fragmentation and collapse of PNA institutions.
Ma’amoun Abu Shahla, a businessman, reviewed the state of deterioration at economic, social, educational and health levels that had been caused by the fragmentation. He emphasized that the solution lies in launching immediate and serious dialogue that puts the interests of the people above the interests of political organizations and ideologies.
Khaled al-Batsh, a senior leader of the Islamic Jihad, said that the debate over the presidential term was one of the facets of the Palestinian internal crisis. He expressed hopes that this facet would be a motive to continue the dialogue until realizing the national conciliation. Al-Batsh called upon the different parties to create favorable conditions for the national conciliation by releasing all the political prisoners in the West Bank and the Gaza Strip.
Dr. Ayoub Uthman, a professor at al-Azhar University of Gaza, reviewed the different legal aspects of the issue. He reiterated that the Palestinian national conscience demands Hamas not to be hasty in taking any steps to challenge the legitimacy of the Palestinian President. He also reiterated that the Palestinian national conscience demands Fatah not to take any decision or issue any decrees concerning the problematic presidential term. Dr. Uthman called upon the two conflicting parties to organize a PLC session in order to agree upon that the Palestinian President would stay in his position until both parties would realize dialogue and national conciliation.
Mr. Jamil al-Majdalawi, member of the Political Bureau of the Popular Front for the Liberation of Palestine, warned that the political fragmentation has repercussions that it leads to serious risks threatening the Palestinian cause. He demanded that similar roundtable discussions and workshops to be organized in the field to search for common grounds that might unify the conflicting parties and avert upcoming risks.
Sayed Baraka, director of the al-Umma Forum for Development, said that parties should be put aside. He stressed that Hamas and Fatah movements would never bring a solution to the current problem since they are the cause of the problem. He affirmed the solution must come from other political organizations, from independent organizations and from the Palestinian people who must exert effective pressure on Fatah and Hamas movements to realize a national solution.
Mr. Yahia al-‘Abadsa, the head of the supervision committee at PLC, considered the ongoing political fragmentation is the reason for the problematic debate on the presidential term. He reiterated that there have been entitlements that must be taken into consideration. He said these entitlements should motivate all the Palestinian segments in order to settle the current crisis.
Dr. Abdul Rahman Abu al-Nasser, a professor at al-Azhar University of Gaza, pointed out that the Basic Law made the constitutional court as a referral to settle any debate on legal or constitutional issues. He demanded to seek Palestinian unity to confront the urgent crises that emerged in view of the general crisis represented in the political fragmentation.
Dr. Ahmed Dahalan, a professor at al-Azhar University of Gaza, wondered whether priority is to be given to settling the current state or to the presidential term issue. He called for concluding the discussion by calling upon all the Palestinian parties to initiate an open dialogue for the sake of the Palestinian people.
Dr. Reyad al-Astal, a professor at al-Azhar University of Gaza, reiterated that the problem was beyond the ongoing legal and constitutional debate since that problem was connected to the general crisis affecting the Palestinian people and caused by the political fragmentation. He demanded the concerned parties to study the expected scenarios before taking any steps that might enhance the fragmentation.
Dr. Mohammed Abu Sa’da, a professor at the University of Palestine, reiterated the legal rule the provided for looking for the motive before the solution. He explained that the problem was not merely legal and if it was so, then only legal experts would intervene. He affirmed that law is being used for political purposes.
Faraj al-Ghul, head of the legal committee at PLC, said the circumvention of the law and the constitution aimed at extending the presidential term of President Abbas. He also affirmed that the constitution must not be violated in any case and that the constitutional entitlement is clear but the settlement of the problem would not be achieved unless a national conciliation is achieved.
PCHR director, Raji Sourani, concluded by saying that PCHR, as usual, was biased to the people, the Palestinian cause, constitution, democracy and rule of law. Sourani pointed out that the Palestinian people are passing through the worst year characterized by the destruction of the Palestinian political pyramid that co-occurred with the 60 year anniversary of the Palestinian Nakba and the 41st year of occupation. Sourani also reiterated that political organizations are the servants of people, not the lords. He considered what is happening on the Palestinian arena first-class political nihilism. He added that the issue is neither legal nor constitutional. He affirmed it is political and its settlement can be only via political dialogue. The alternative, he stressed, is a new dark tunnel.
