Ref: 16/2012

On Monday, 13 February 2011, the Palestinian
Centre for Human Rights (PCHR) organized a seminar titled “The PLC between
the Hammer of Israeli Occupation and the Anvil of Internal Fragmentation”
in the Roots Restaurant in Gaza City.  The
seminar was held in view of continued arrests by the Israeli Occupation Forces
(IOF) of members of the Palestinian Legislative Council (PLC) in the West Bank.
IOF rearrested Dr. Abdul Aziz Dweik, PLC President, after Palestinians had reached
an agreement to achieve the Palestinian reconciliation and to restore respect for
the Palestinian National Authority (PNA) institutions, especially the PLC.

Mr. Hamdi Shaqqura, PCHR Deputy Director for
Program Affairs, opened the seminar.  Shaqqura
explained that this seminar is held in light of the advancement achieved in
efforts exerted by Palestinian parties, following the recent dialogues in
Cairo, to achieve national reconciliation.  He explained that the seminar aims at
discussing ways to confront obstacles facing the PLC in the coming stage,
especially in view of expectations that IOF would continue to target the PLC
and its members.

PLC Member Ms. Rawya al-Shawa stressed that
non-participation of different national factions in decision making, and taking
control over the decision making process by the largest faction has undermined
the first PLC.  Al-Shawa pointed out that
besides obstacles placed in the way of the PLC by IOF, including arresting PLC Members,
the PLC is facing legal problems that must be settled once it is convened, most
importantly: laws and decrees that were enacted during the political division phase.
 She stressed that these laws and decrees
need to be presented to the PLC in its first session.

Dr. Yahya Musa, PLC Member of the Change and
Reform Bloc affiliated to Hamas, noted that the real problem experienced by the
PNA has been the result of wrong starts initiated in accordance with the Oslo
Accords.  Based on these Accords, the PNA
took one way in the implementation of its programs according to the vision of
the Israeli occupation.  Dr. Musa
affirmed that the coming elections will not solve the current crisis; however,
the elections will result in new problems and complications. He added that in
order to reach a settlement of the current crisis, the Oslo Accords need to be
nationally discussed and a national program needs to be agreed upon.  He explained that the national discussion of
the Also Accords and the agreement on a national program would be better than
getting back to the old tools that would generate new problems.

Dr. Faysal Abu Shahla, PLC Member from the
Fatah Bloc, talked about the obstacles that have faced PLC, including the
international boycott against the PNA, since Hamas’ triumph of the second
Palestinian elections.  He added that the
only exit from the resulting crisis could be reached by forming a national
unity government at that time.  However,
the efforts exerted at that time to form a national unity government faced
obstacles created by the two major Palestinian parties.  These obstacles resulted in preventing the
formation of the unity government.  Abu
Shahla stressed that what is needed currently in view of the reconciliation
atmosphere is a joint Palestinian action at two levels: the formation of a PLC
leading committee representing all the blocs participating in the PLC, and the
adoption of a Code of Ethics by PLC blocs requiring not to overcome the
parliamentary majority of Hamas regardless of the number of PLC members
representing Hamas.

Mr. Jamil al-Majdalawi, PLC Member from Martyr
Abu Ali Mustafa Bloc, stressed in his presentation that although the first PLC
was weak, it was better than the current one.  He explained that the current PLC has suffered
confusion even far before the start of the Palestinian split.  He noted that the two parties to the
fragmentation contributed to disrupting the work of the PLC and that PLC Members
gave priority to their political affiliation, not to national interests.  Al-Majdalawi noted that in the coming stage,
PLC would face problems relating to the invitation to convene the PLC, getting proxies
from PLC members detained in Israeli jails, laws and decrees enacted during the
fragmentation phase and the Doha agreement which requires the formation of a
national unity government.  In order to
exit from the ongoing crisis, al-Majdalawi said, all these cases must be
presented and discussed during the PLC’s first session and that the first
session must remain open until all of these cases are settled.

Dr. Mohammed Abu Saada, Dean of the Faculty of
Law and Judicial Practice in the University of Palestine, made a presentation
in the seminar and said that the PLC did not perform its main duties relating
to the enactment of laws and taking the role of supervision over the work of
the government, noting that these duties are mandatory. Abu Saad explained that
the PLC does not exist in reality as it has not held any sessions for over 6
years and it has not complied with the Palestinian Basic Law.  He noted that PLC has not played the role it
is supposed to play in order to put an end to the fragmentation, although it
has the capacity to do so.  He added that
some PLC Members have been part of the fragmentation and they have given
priority to their political affiliation over the public and national interests.

The seminar was concluded by giving the
attendees the opportunity to engage in discussions and to make presentations.  The attendees affirmed that in the coming
stage, the PLC must play the role assigned to it with regard to the enactment
of laws and monitoring the performance of the government.