This a condensed version from Palestinian Media Watch
After 12 years, during which the
Palestinian Parliament (Legislative Council, PLC) has not met, Mahmoud Abbas
suddenly announced yesterday, that the Palestinian Constitutional Court had
dissolved the PA parliament:
Abbas: "The [PA] Parliament (Legislative Council),
which has not been active for 12 years... The topic reached the constitutional
court, and it issued a decision to dissolve the parliament and call for
elections for the parliament within six months."
[Official
PA TV, Dec. 22, 2018]
Why would Abbas suddenly do
something that he has not done for 12 years?
In the last PA elections held in
2006, Hamas won a clear majority of Parliamentary seats in both the Gaza Strip
and the West Bank. With Hamas holding the absolute majority, it was convenient
for Abbas that the Parliament never met. Abbas and Fatah ruled the PA directly
through government decisions and regulations. Abbas justified the freezing of
the Palestinian Parliament due to the Civil War which led to Hamas rule in the
Gaza Strip in 2007.
Abbas' change of heart is not
because he is suddenly interested in democracy. Rather Abbas is recognizing
that at 83 years old he must consider what will happen the day he leaves
office. Under PA law should the president leave office without a successor, the
Speaker of the Parliament takes over as President of the Palestinian Authority
for two months after which presidential elections are held. The current Speaker
of the Palestinian Parliament is Aziz Al-Dweik from Hamas.
So under PA law Hamas would rule the
PA, should Abbas leave his position.
Significantly, a large majority of
Palestinians support implementing PA law and having Al-Dweik lead the PA should
the position of president be empty. A July 2018 poll by Khalil Shakaki's
Palestinian Center for Policy and Survey Research (PCPSR), found that 60% of
Palestinians agreed that "in the case of Abbas' absence, the Speaker of
the Palestinian Legislative Council, Aziz Al-Dweik from Hamas, must become president
for two months in implementation of the Basic Law."
Although Abbas has refrained from
explaining his decision to disband the parliament, the rationale underlying the
move would appear to be his fear that Hamas would legally take control of the
PA, even without new elections. While the PA Basic Law does limit the interim
presidency to two months there is no guarantee that Hamas once ruling the PA
would allow for new elections.
Hamas could use a number of
justifications, citing the fact that Mahmoud Abbas himself has been president
of the PA for 13 years without calling elections even though the presidency
under PA law is limited to 4 years.
If Abbas could breach PA law and remain president for such an extended period
of time, there is no reason to believe that a Hamas president would rush to
relinquish his powers simply because of PA law.
The potential result could be, that
having legally taken control, Hamas would have no incentive to call a general
PA election and they could extend their rule indefinitely as did Mahmoud Abbas.
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