PLO wants new life


August 25, 2017
Sarah Benton

1) Daoud Kuttab on the wrangles, divisions and travel obstacles which hamper the convening of the Palestinian National Council; 2) press agency WAFA on Fatah; 3) the 2006 account of the governing bodies and their roles which was among the Palestine Papers published by Al Jazeera.


Visibly tired and ageing the 82 year old Abu Mazen waits to greet the king of Jordan, August 20th, 2017. Photo by Mohamad Torokman

Palestinians may be on verge of charting new political path

It appears that President Mahmoud Abbas wants to convene the Palestinian National Council, after a hiatus of more than 20 years, which would allow the Palestinian movement to move toward a change in leadership.

By Daoud Kuttab, Al Monitor
August 16, 2017

At a time of political indecisiveness and the absence of a vision or agreed-upon strategy, the Palestine Liberation Organization (PLO) is seriously considering calling a full session of the Palestinian National Council (PNC), its decision-making body. At an Aug. 9 meeting, Fatah’s Central Committee recommended convening the PNC “with the participation of all parties,” a clear reference to Hamas. Such a session could bring new blood to the organization.

A full PNC session convened with a quorum would allow members to approve a new political direction for the PLO and elect members to the PLO’s Central Committee and Executive Committee. Such changes would set the stage for a leadership transition. Palestinian President and PLO Chairman Mahmoud Abbas, 82, who is having health issues, has repeatedly said that he will not run for president in future general elections.

The PLO is the highest body in Palestinian politics, and its highest institution is the PNC. The PLO established the Palestinian Authority (PA) as a provision stemming from the 1993 Palestinian-Israeli Memorandum of Understanding and the 1995 Interim Agreement — the Oslo Accords — signed with Israel. The PA is therefore subject to the PLO’s decisions.

PNC member Hamadeh Faraneh explained to Al-Monitor, “Only full [PNC] sessions can elect the various institutions of the organization. The last time the PNC met in full session, it was held in Gaza, in 1996.”

The absence of PNC meetings is the result of some logistical, but mostly political considerations linked to a shift in power from the PLO in the diaspora to the PLO leadership in Ramallah. The resumption of PNC sessions can be seen as a reversal of this two-decade-old shift, since the Oslo Accords.

Kayed Miari, founder of the Nablus-based Witness Centre for Citizen’s Rights and Social Development, told Al-Monitor that convening the PNC is a positive move. “It can rejuvenate the institutions of the PLO and its role, which has been declining for some time now,” he said.

Abbas rallied his Fatah movement on Aug. 15, when he met with nearly 1,500 Fatah activists in Ramallah. The official Palestinian news agency Wafa reported, “Abbas called Fatah the ‘initiator’ of the Palestinian national unity project. The movement is the best hope for the establishment of an independent Palestinian state.”

The PNC has traditionally set the PLO’s long-term strategies, approved political directions and elected the leaders charged with carrying out the movement’s strategy. According to Article 12 of the PNC bylaws, decisions are approved by a simple majority, after convening a quorum of two-thirds of the membership.

Writing in the Jordanian daily Ad-Dustour Aug. 13, Palestinian-Jordanian analyst Oraib Rantawi called on Abbas to “do it,” in reference to talk of a PNC session, and offered suggestions for next steps:

“I suggest that a date be announced some six months in advance in order to allow for the election of the delegates to a new PNC.  Delegates from all over the world should be given a chance to elect members, and those who delay such delegate selections should publicly be held responsible.”

The last full PNC session drew 669 elected members. Membership is distributed geographically around the world in proportion to the size of Palestinian communities. There are also default members who represent professional bodies — such as the journalists, women’s and student unions — and representatives of the armed factions of the PLO. A senior PLO official who requested anonymity told Al-Monitor that there are two major obstacles to convening the PNC: ensuring a quorum and achieving national unity.

A number of PLO nationalists are unlikely to agree to attend a PNC session in Ramallah because of their objection to having to enter Palestine with an Israeli permit or because they are wanted by Israel and could end up in an Israeli jail. While this number is not large, it could mean that Abbas would have to convene a meeting in Amman or another Arab capital.

Furthermore, Abbas has angered some of the left-wing factions, among them the Popular Front for the Liberation of Palestine (PFLP). In July, Abbas was accused of having verbally attacked a PFLP activist, Omar Shehadeh, during a meeting of the Palestinian leadership. Palestinian media reported Muhana Rabah, a member of the PFLP’s political bureau, saying that the verbal attack was followed by a physical attack by a presidential guard on July 24.

That said, the more difficult reconciliation will be with Hamas. While mending relations with Hamas would be advantageous for Abbas and to Palestinian national unity, it is not necessary for a quorum. The 74 pro-Hamas members of the Palestinian Legislative Council (PLC) elected in 2006 automatically became members of the PNC. The PLC in Gaza and the West Bank is considered a geographical region for purposes of representation, so legislators elected to the PLC are automatically PNC members. If new PLC elections take place, the newly elected legislators will take their place in the PNC.

As noted, the PNC, often referred to as the Palestinian parliament in exile, has not been held for more than 21 years in part because of the creation of the PA and corresponding PLC. A convening of the PNC would therefore signal that the era that began with the Oslo Accords might be coming to a slow end. While it is unlikely that all the institutions connected with Oslo will be dissolved, the 23rd session of the PNC will be expected to chart a new political path toward Palestinian statehood and bring in new blood entrusted to carry out the new strategy.

Daoud Kuttab is a Palestinian journalist, a media activist and a columnist for Palestine Pulse. He is a former Ferris Professor of journalism at Princeton University and is currently the director-general of Community Media Network, a not-for-profit organization dedicated to advancing independent media in the Arab region. On Twitter: @daoudkuttab


Fatah, PLO to discuss convening of the Palestinian National Council

By WAFA
August 9, 2017

RAMALLAH – Fatah is expected to convene in Ramallah its Central Committee on Wednesday evening and the Palestine Liberation Organization (PLO) its Executive Committee on Saturday to discuss the possibility of convening a new session for the Palestinian National Council (PNC), the PLO legislative body, officials said on Wednesday.

Dalal Salameh, member of Fatah Central Committee, told the official Voice of Palestine radio that the Central Committee is scheduled to convene later in the day to discuss several issues among them convening a PNC session, which is expected to be held in Ramallah possibly in September.

In addition, she said, the meeting will “hold an in-depth discussion of the recent political developments in light of the escalation by the occupation government against our people and their holy places as well as US bias toward Israel.”

Saleh Rafat, member of the PLO’s Executive Committee, also told the radio that the PLO meeting expected to convene on Saturday in the presence of President Mahmoud Abbas will discuss a number of issues, most notably the political situation and the convening of the PNC.

He expressed concern, however, that Israel may obstruct the convening of the National Council by not giving permission to its members in the Gaza Strip and the Diaspora to reach Ramallah for the meeting due to the suspension of security coordination.

Rafat also said he does not expect anything positive to come out from the US peace team, who are expected to visit the region at the end of this month.

“There was talk about a visit by a US delegation at the end of this month, but chances of the delegation presenting anything positive are slim because of the US administration’s bias towards Israel,” he said.

M.K.


 Mazen Masri, legal researcher, provides the distinctions between PLO, PA, PNC and PLC, as well as providing the historical and legal history of each of the organizations. Posted by  Transparency-Al Jazeera
February 05, 2006

Palestine Liberation Organization (PLO):

 The PLO was initially founded by Arab states in 1964 in order to deal with the Palestinian national cause. It was controlled by Arab states till the late 1960s when the Palestinian factions gained more representation in the PLO. In 1969, the late Yasser Arafat, then Head of Fateh faction was elected Chairman of the PLO Executive Committee.

The PLO then became the umbrella organization for most of the Palestinian factions, and is widely acknowledged as the embodiment of the Palestinian national movement. The Arab Summit in 1974 recognized the PLO as the “sole and legitimate representative of the Palestinian people” and since then the PLO has represented Palestine at the United Nations, the Movement of Non-Aligned Countries, the Organization of the Islamic Conference, and in many other fora. In 1994, Israel recognized the PLO as the representative of the Palestinian People in a letter from Prime Minister Rabin to the late Chairman of the Executive Committee of the PLO.

The leading organs of the PLO are the Palestine National Council (PNC), the Central Council, and the Executive Committee. The PNC is the highest authority in the PLO, and is responsible for formulating the organization’s policies, plans and programmes. It was established to serve as the parliament for all Palestinians inside and outside  the Occupied Palestinian Territories, including Jerusalem.

The Central Council, which was established by the PNC in 1973, is the second leading body of the PLO. The Council functions as an intermediary body between the PNC and the Executive Committee.

The Executive Committee is the primary executive organ of the PLO and represents the organization at the international level. The Committee is elected by the members of PNC and is responsible to the PNC. Its main function is to execute the policies and decisions set out by the PNC and the Central Council. The Committee is also responsible for adopting a budget, and for overseeing the functioning of the departments of the PLO, the responsibilities of which are distributed among its members. Decisions of the Committee are taken by a simple majority. Its membership stands at 18, including its Chairman.

The PNC, as the main organ of the PLO, adopted a Palestinian National Charter in 1964. This Charter was reviewed in 1968 and a new one was adopted. The Charter was amended again in 1996 to cancel articles that were at odds with the PLO’s agreements with Israel. The PLO is governed internally by its Fundamental Law which describes the powers and the relations between the organs of the PLO3. It also prescribes that members of the Executive Committee shall be elected from the PNC members. The Fundamental Law also includes other provisions regarding the internal management of the PLO.

Palestinian National Council (PNC):

 The PNC is the highest authority in the PLO and is considered to be the parliament of all Palestinians inside and outside of the Occupied Palestinian Territory, including Jerusalem. According to the PLO’s Fundamental Law, the PNC is responsible for setting PLO policies, electing the Executive Committee and making the necessary changes in its own membership, as well as changing the Palestine National Charter (a special meeting is required) and to the Fundamental Law of the organization.

However, it should be mentioned that the functioning of the PNC is irregular, and is constrained by regional developments and political climates. The PNC also elects a speaker, two deputies and a secretary, who make up the Bureau of the Council. The Council has its own standing committees for various aspects of its work, such as its legal and political committees. The composition of the PNC represents all sectors of the Palestinian community worldwide and includes numerous organizations of the resistance movement, political parties, popular organizations (each of the above is represented by specific quotas) and independent personalities and figures from all sectors of life, including intellectuals, religious leaders and businessmen.

 According to Art. 5 of the Fundamental Law, the members of the PNC are directly elected by the Palestinian People according to rules determined by the Executive Committee. Art. 6 stipulates that if it is not possible to conduct elections, the current PNC would continue to act until the circumstances allow for elections to be conducted.

 According to Art. 3 of Law n. 13 on Elections that was enacted in 1995 by the PA, the members of the PLC become, in accordance with art. 5 and 6 of the PLO’s Fundamental Law, members of the PNC. This law was repealed by art.116 of Law n. 9 for the year 2005, regarding the Elections. The new law does not include any provision regarding the membership of the PLC members in the PNC. Accordingly, the members recently elected to the PLC would not acquire membership in the PNC ex officio for the following reasons:

  1.  The source of this rule, being the 1995 legislation on elections, has no legal effect as it is beyond the jurisdiction and powers of the PA, as set out in the Oslo agreements. Any PLC law purporting to alter the status, powers, decisions and rules governing the operation of the PLO is ultra vires. On the other hand, it could be argued that since the 1995 PA legislation was enacted by the “Council” appointed by the PLO Executive Committee, and was approved by the Executive Committee and signed by its Chairman, it could also be considered a PLO decision.

 Even if the PA had the jurisdiction to enact such a law, it has been repealed by the 2005 Elections Law, which does not stipulate that members of the PLC acquire the status of PNC members ex officio. Here also, it could be argued that since it was repealed by the PLC only, its power to bind the PLO as an Executive Committee decision is still valid.

Therefore, the question of the membership of the new PLC members in the PNC is unclear, and requires further investigation and assessment  

Palestinian Authority (PA):

The PA is a political entity that was formed according to the Declaration of Principles on Interim Self-Government Arrangements from 1993. According to this arrangement the Palestinian side, which is the PLO, had to authorize persons to form the “Council” which will receive the powers transferred to it by Israel. Pursuant to the agreement, the Central Council of the PLO assigned the Executive Committee of the PLO with the task of forming the Council of the PA and appointed the late Yasser Arafat as Chairman of the Council.

The PA, its functions and powers were initially stipulated in the agreements between the PLO and Israel, but were later defined in a Basic Law passed by the Palestine Legislative Council. The Basic Law is a legislation of a constitutional nature, in that it contains the definition of the PA and the principles on which it was formed, and defines its organs and the powers and the responsibilities of each organ.

The PA was formed as an entity, for a provisional period, to manage and control the areas Israel withdraws from and according to the powers transferred to it by Israel. This was supposed to go on till the conclusion of permanent status negotiations with Israel. The whole idea behind it was that the PA will be the seed for a Palestinian state. It should be emphasized that the PA was created by the Oslo Accords to be the organ through which the Palestinians would gradually receive the powers from Israel according to the agreements with the PLO. The PLO therefore, delegated the implementation of the agreements with Israel to the PA. The PLO is the independent body which is the legal representative of the Palestinian People, and its presence, functions and actions are independent of those of the PA. The PA on the other hand, receives its legitimacy and mandate from the PLO and the agreements with Israel. All of the significant agreements with Israel were signed by the PLO as the representative of the Palestinian People, the implementation was however carried out by the PA.

Since the PA is subordinate to the PLO, and it receives its legitimacy from it, and since there is a widespread recognition of the PLO as the legitimate representative of the Palestinian People, it could be said that the PLO is the most senior body, and it is the body that is authorized to negotiate and sign a peace treaty, and that the PA is only a means or an arm of the PLO to bring about a smooth transfer of powers to a future Palestinian State. The dissolving of the PA does not affect the existence or the independence of the PLO. On the other hand, the PA is restricted to act in the areas and the fields that were explicitly transferred to it from Israel by virtue of the agreements.

Palestine Legislative Council (PLC)

The PLC is basically the legislative branch of the PA. It was initially formed by the Law n. 13 on Elections that was enacted in 1995 in accordance with the agreements with Israel. Today, the powers and the mandate of the PLC are governed by the Basic Law of 2003 and by its internal articles. Art. 47 of the Basic Law provides that the PLC is the elected legislative authority of the PA, and that it shall pursue its legislative powers in accordance with the provisions of the 2003 Basic Law. Besides approving the budget of the PA, the PLC is also the body that is authorized to give the confidence to the Government that is formed by the Prime Minister, and similarly, it is authorized to oust the Government by a no-confidence vote of a majority of its members.

The PLC members are elected by Palestinians living in the Occupied Territory only (including East Jerusalem). Palestinians in the Diaspora have no right to vote in the PLC elections. Therefore, as opposed to the PNC, only the PLC represents the Palestinian population of the Occupied Territories, and does not reflect the political will of the entire Palestinian People.

As discussed above, since the validity of the rule providing that the members of the PLC immediately become members of the PNC is unclear, further investigation is needed in order to determine whether there is a legal basis for such an arrangement regarding the newly elected members of the PLC.

 

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