Politics of the Palestinian National Authority
Encyclopedia
The politics of the Palestinian National Authority
(PNA) take place within the framework of a semi-presidential
multi-party
republic
, with a Legislative Council
, an executive President
, and a Prime Minister
leading the Cabinet. The PNA is not an internationally recognized
independent sovereign
state
. Preminent palestinian leaders such as Yasser Arafat have been directly linked to terrorist organizations(such as Fatah), or at least organizations responsible for terrorist acts against Western countries.
and the PLO signed the Oslo Accords
which established the Palestinian National Authority
a governing body for the interim period pending final status negotiations.
) in the Palestinian National Authority
(PNA).
The president is elected by popular elections.
The Prime Minister is appointed by the President of the Palestinian National Authority
and thus not directly elected by the Palestinian Legislative Council
(parliament) or Palestinian voters.
Unlike the Prime Minister's office in many other nations, the Palestinian Prime Minister does not serve as a member of the legislature
while in office. Instead, the appointment is made independently by the ruling party. The Prime Minister is expected to represent the majority party or ruling coalition in the parliament.
The leadership of the PNA has been disputed since the national unity government broke up on 14 June 2007 when President Abbas
declared a state of emergency
moved to dismiss Ismail Haniyeh as Prime Minister but he and the Palestinian Legislative Council did not acknowledge the legitimacy of this step. Fighting
between Fatah and Hamas has left the former in control of the West Bank and the latter in control of the Gaza Strip resulting in separate de facto leaderships in the territories both with dubious constitutional legitimacy. The situation was aggravated on 9 January 2009 when Abbas's term of office should have expired and Hamas
appointed its own acting president in the form of Abdel Aziz Duwaik
, who as the Speaker of the Palestinian Legislative Council
can take over the post for 60 days under certain circumstances.
|President in the West Bank
|Mahmoud Abbas
|Fatah
|15 January 2005
|-
|Prime Minister in the West Bank
|Salam Fayyad
|Third Way
|17 June 2007
|-
|Acting President in the Gaza Strip
|Abdel Aziz Duwaik
|Hamas
|9 January 2009
|-
|Prime Minister in the Gaza Strip
|Ismail Haniyeh
|Hamas
|29 March 2006
|}
(Majlis al-Tashri'i in Arabic
) is the legislature of the Palestinian Authority. It is not to be confused with the Palestine National Council, which remains the national legislature of the Palestinian people as a whole. The PLC passed a new law in June 2005 increasing the number of MPs from 88 to 132, stipulating that half be elected under a system of proportional representation
and half by traditional constituencies. New parliamentary polls
took place on January 25, 2006. Initial exit poll
ing indicated that Fatah won the most seats, though without a majority, but the results were different.
ARTICLE 101 1. States: Sharia’
(Islamic law) affairs and personal status shall be assumed by Sharia’ and religious courts in accordance with law. 2. Military courts shall be established by special laws. Such courts shall not have any jurisdiction beyond military affairs.
Concerning public prosecutions, the constitution states the following:
"ARTICLE 107 1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council. 2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab People. The jurisdiction, functions and duties of the Attorney General shall be specified by law.
ARTICLE 108 1. The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law. 2. The appointment, transfer, removal, and questioning conditions of members of Public Prosecution, shall be specified by law.
ARTICLE 109 Execution sentence issued by any court shall not be implemented unless endorsed by the President of the National Palestinian Executive Authority."
, the West bank
and the Gaza Strip
were divided into areas (A, B, and C) and governorates.
Area A refers to the area under PA security and civilian control.
Area B refers to the area under Palestinian
civilian and Israel
i security control.
Area C refers to the area under full Israeli control such as settlements.
(observer
), OIC, AL
, NAM
, G-77
UNESCO
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
(PNA) take place within the framework of a semi-presidential
Semi-presidential system
The semi-presidential system is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state...
multi-party
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, with a Legislative Council
Palestinian Legislative Council
The Palestinian Legislative Council, the legislature of the Palestinian Authority, is a unicameral body with 132 members, elected from 16 electoral districts in the West Bank and Gaza...
, an executive President
President of the Palestinian National Authority
The President of the Palestinian National Authority is the highest-ranking political position in the Palestinian National Authority ....
, and a Prime Minister
Prime Minister of the Palestinian National Authority
The Prime Minister of the Palestinian National Authority is the head of government of the Palestinian Authority government.The Prime Minister's Office was created in 2003 to manage day-to-day activities of the Palestinian government. The position was created because both Israel and the United...
leading the Cabinet. The PNA is not an internationally recognized
Diplomatic recognition
Diplomatic recognition in international law is a unilateral political act with domestic and international legal consequences, whereby a state acknowledges an act or status of another state or government in control of a state...
independent sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
. Preminent palestinian leaders such as Yasser Arafat have been directly linked to terrorist organizations(such as Fatah), or at least organizations responsible for terrorist acts against Western countries.
Political developments since 1993
IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and the PLO signed the Oslo Accords
Oslo Accords
The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles , was an attempt to resolve the ongoing Palestinian-Israeli conflict...
which established the Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
a governing body for the interim period pending final status negotiations.
Executive branch
The President of the Palestinian National Authority is the highest-ranking political position (equivalent to head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
) in the Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
(PNA).
The president is elected by popular elections.
The Prime Minister is appointed by the President of the Palestinian National Authority
President of the Palestinian National Authority
The President of the Palestinian National Authority is the highest-ranking political position in the Palestinian National Authority ....
and thus not directly elected by the Palestinian Legislative Council
Palestinian Legislative Council
The Palestinian Legislative Council, the legislature of the Palestinian Authority, is a unicameral body with 132 members, elected from 16 electoral districts in the West Bank and Gaza...
(parliament) or Palestinian voters.
Unlike the Prime Minister's office in many other nations, the Palestinian Prime Minister does not serve as a member of the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
while in office. Instead, the appointment is made independently by the ruling party. The Prime Minister is expected to represent the majority party or ruling coalition in the parliament.
The leadership of the PNA has been disputed since the national unity government broke up on 14 June 2007 when President Abbas
Mahmoud Abbas
Mahmoud Abbas , also known by the kunya Abu Mazen , has been the Chairman of the Palestine Liberation Organisation since 11 November 2004 and became President of the Palestinian National Authority on 15 January 2005 on the Fatah ticket.Elected to serve until 9 January 2009, he unilaterally...
declared a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
moved to dismiss Ismail Haniyeh as Prime Minister but he and the Palestinian Legislative Council did not acknowledge the legitimacy of this step. Fighting
Fatah–Hamas conflict
The Fatah–Hamas conflict , also referred to as the Palestinian Civil War , and the Conflict of Brothers , i.e...
between Fatah and Hamas has left the former in control of the West Bank and the latter in control of the Gaza Strip resulting in separate de facto leaderships in the territories both with dubious constitutional legitimacy. The situation was aggravated on 9 January 2009 when Abbas's term of office should have expired and Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
appointed its own acting president in the form of Abdel Aziz Duwaik
Abdel Aziz Duwaik
Aziz Duwaik has been the Speaker of the Palestinian Legislative Council since his election to that post on 18 January 2006. He was imprisoned in Israel on 6 August 2006 on charges of being a member of Hamas, but he was released on 22 June 2009...
, who as the Speaker of the Palestinian Legislative Council
Speaker of the Palestinian Legislative Council
The Speaker of the Palestinian Legislative Council is the chairman of the Palestinian Legislative Council. As Chairman, the Speaker replaces the President of the Palestinian National Authority if the latter is unable to perform their role...
can take over the post for 60 days under certain circumstances.
|President in the West Bank
President of the Palestinian National Authority
The President of the Palestinian National Authority is the highest-ranking political position in the Palestinian National Authority ....
|Mahmoud Abbas
Mahmoud Abbas
Mahmoud Abbas , also known by the kunya Abu Mazen , has been the Chairman of the Palestine Liberation Organisation since 11 November 2004 and became President of the Palestinian National Authority on 15 January 2005 on the Fatah ticket.Elected to serve until 9 January 2009, he unilaterally...
|Fatah
Fatah
Fataḥ is a major Palestinian political party and the largest faction of the Palestine Liberation Organization , a multi-party confederation. In Palestinian politics it is on the left-wing of the spectrum; it is mainly nationalist, although not predominantly socialist. Its official goals are found...
|15 January 2005
|-
|Prime Minister in the West Bank
Prime Minister of the Palestinian National Authority
The Prime Minister of the Palestinian National Authority is the head of government of the Palestinian Authority government.The Prime Minister's Office was created in 2003 to manage day-to-day activities of the Palestinian government. The position was created because both Israel and the United...
|Salam Fayyad
Salam Fayyad
Salam Fayyad is a Palestinian politician and Prime Minister of the Palestinian National Authority of the Palestinian National Authority. His first appointment, on 15 June 2007, which was justified by President Mahmoud Abbas on the basis of "national emergency", has not been confirmed by the...
|Third Way
Third Way (Palestine)
The Third Way is a small centrist Palestinian political party active in the Palestinian National Authority . Founded on 16 December 2005, the party is led by Salam Fayyad and Hanan Ashrawi....
|17 June 2007
|-
|Acting President in the Gaza Strip
President of the Palestinian National Authority
The President of the Palestinian National Authority is the highest-ranking political position in the Palestinian National Authority ....
|Abdel Aziz Duwaik
Abdel Aziz Duwaik
Aziz Duwaik has been the Speaker of the Palestinian Legislative Council since his election to that post on 18 January 2006. He was imprisoned in Israel on 6 August 2006 on charges of being a member of Hamas, but he was released on 22 June 2009...
|Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
|9 January 2009
|-
|Prime Minister in the Gaza Strip
Prime Minister of the Palestinian National Authority
The Prime Minister of the Palestinian National Authority is the head of government of the Palestinian Authority government.The Prime Minister's Office was created in 2003 to manage day-to-day activities of the Palestinian government. The position was created because both Israel and the United...
|Ismail Haniyeh
|Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
|29 March 2006
|}
Legislative branch
The Palestinian Legislative CouncilPalestinian Legislative Council
The Palestinian Legislative Council, the legislature of the Palestinian Authority, is a unicameral body with 132 members, elected from 16 electoral districts in the West Bank and Gaza...
(Majlis al-Tashri'i in Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
) is the legislature of the Palestinian Authority. It is not to be confused with the Palestine National Council, which remains the national legislature of the Palestinian people as a whole. The PLC passed a new law in June 2005 increasing the number of MPs from 88 to 132, stipulating that half be elected under a system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
and half by traditional constituencies. New parliamentary polls
Palestinian legislative election, 2006
On January 25, 2006, elections were held for the Palestinian Legislative Council , the legislature of the Palestinian National Authority . Notwithstanding the 2005 municipal elections and the January 9, 2005 presidential election, this was the first election to the PLC since 1996; subsequent...
took place on January 25, 2006. Initial exit poll
Exit poll
An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for. A similar poll conducted before actual...
ing indicated that Fatah won the most seats, though without a majority, but the results were different.
Judicial branch
According to the constitution, the Judiciary branch shall be independent, and shall be assumed by the different types and level of courts. The structure, jurisdiction, and rulings of the courts shall be in accordance with law. The rulings shall be announced and executed in the name of the Palestinian people. It also states that the judges shall be independent, and shall not be subject to any authority other than the authority of law while exercising their duties and that no other authority may interfere in the judiciary or in the justice affairs. The Basic Law calls for the establishment of a Supreme Judicial Council shall be created.ARTICLE 101 1. States: Sharia’
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Islamic law) affairs and personal status shall be assumed by Sharia’ and religious courts in accordance with law. 2. Military courts shall be established by special laws. Such courts shall not have any jurisdiction beyond military affairs.
Concerning public prosecutions, the constitution states the following:
"ARTICLE 107 1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council. 2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab People. The jurisdiction, functions and duties of the Attorney General shall be specified by law.
ARTICLE 108 1. The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law. 2. The appointment, transfer, removal, and questioning conditions of members of Public Prosecution, shall be specified by law.
ARTICLE 109 Execution sentence issued by any court shall not be implemented unless endorsed by the President of the National Palestinian Executive Authority."
Administrative divisions
After the signing of the Oslo AccordsOslo Accords
The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles , was an attempt to resolve the ongoing Palestinian-Israeli conflict...
, the West bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
and the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
were divided into areas (A, B, and C) and governorates.
Area A refers to the area under PA security and civilian control.
Area B refers to the area under Palestinian
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
civilian and Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i security control.
Area C refers to the area under full Israeli control such as settlements.
International organization participation
UNUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(observer
United Nations General Assembly observers
In addition to the current 193 member states, the United Nations welcomes many international organizations, entities, and non-member states as observers. Observer status is granted by a United Nations General Assembly resolution...
), OIC, AL
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
, NAM
Non-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...
, G-77
Group of 77
The Group of 77 at the United Nations is a loose coalition of developing nations, designed to promote its members' collective economic interests and create an enhanced joint negotiating capacity in the United Nations. There were 77 founding members of the organization, but the organization has...
UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...