Palestine

Table of Contents

Introduction

Great Britain was granted the Palestinian mandate by the League of Nations in 1920, following World War I. However, due to growing conflict in the region and with the start of World War II, the British announced the end of the mandate in 1947. They were unable to find a suitable solution for the Palestinian-Israeli conflict by the date of their withdrawal, May 15, 1948. This conflict remains at the heart of Middle Eastern issues today.

To this day, there is no officially recognized state of Palestine. Following Oslo accords completed in August 1993, Israel agreed to give the Palestinian Authority (PA) some rule over specific areas in the West Bank and the Gaza strip. Mahmoud Abbas was elected president of the Palestinian Authority in January 2005. Presently, the Abbas led PA is in control of the West Bank and Hamas, an Islamist resistance party, administers Gaza following a 2007 coup.

History of the Constitution

• Palestine has no constitution. In February 1996, the Palestinian Legislative Council passed a Basic Law for the National Authority in the Transitional Period to serve as an interim constitution until the Palestinian state is officially declared. In May 2002, the Basic Law (English text, Arabic text) was finally signed by former president Yasir Arafat.


• In April 1999, the Central Committee of the PLO authorized preparations for the transformation of the interim Palestinian Authority into a state. This led to the establishment of a committee of Palestinian legal figures that would draft a constitutional document for statehood. The committee reports to the Central Committee of the PLO, which has encouraged its work but not endorsed it. A document was completed in February 2001 (English text, Arabic text).


• The Basic Law can be amended by a two-thirds vote in the Palestinian Legislative Council. It was amended twice, once in 2003 and once in 2005:


• It was amended in 2003 to create the position of prime minister.
• It was amended in 2005 to correspond to the new Elections Law.

State Institutions

Executive Branch

The President

The president is the head of the Palestinian Authority and:

• Appoints and dismisses the prime minister.
• Initiates and proposes laws to the Palestinian Legislative Council (PLC).
• Can veto legislation within 30 days of its adoption by the PLC.
• May issue decrees with the force of law in exceptional circumstances while the PLC is not in session. Such decrees are subject to the approval of the PLC when it convenes.
• Is the commander in chief of the armed forces.
• May declare a state of emergency that cannot last longer than 30 days. The state of emergency may be extended another 30 days with approval of the PLC. During a state of emergency, basic rights may not be infringed and the legislature may not be suspended.
• Serves a four-year term and cannot be elected for more than two consecutive terms, according to an August 2005 amendment of the Basic Law. Prior to the amendment, the Basic Law stated that the term of the presidency applied through the transitional phase. The president could only be removed by death, resignation, or a determination of incompetence by a ruling of the High Constitutional Court along with a two-thirds majority of the PLC.
• Is replaced by the speaker of the PLC for a maximum of 60 days in case of death, resignation, or incompetence.

Mahmoud Abbas (Abu Mazen) was elected on January 9, 2005 as president of the Palestinian Authority. The executive committee of the PLO chose Abbas as its chairman following Arafat’s death on November 11, 2004. Arafat had occupied the presidency since 1996.

In 2008, Abbas declared that he was extending his presidency by one year, until January 2010. Even though this deadline has passed he remains president of the Palestinian Authority.

The Prime Minister

The prime minister:

• Is appointed by the president.
• Forms the cabinet in consultation with the president.

The Basic Law was amended in 2003 to create the position of prime minister. The idea of creating a prime ministerial position was introduced in 2002 by reformers seeking to transfer some powers of the presidency to an official responsible to the parliament.

Mahmoud Abbas served as the first prime minister of the Palestinian Authority from March to October 2003, resigning after a power struggle with Arafat.

Salam Fayyad became prime minister on June 15, 2007 following escalating tensions between Fatah and Abbas. The Palestinian Authority president appointed an emergency cabinet because he believed that the armed wing of the Hamas movement had carried out a “military coup against the Palestinian legitimacy and its government.” This move is considered as illegitimate by the Hamas authorities. Click here to read more information.

Salam Fayyad was reappointed in May 2009.

The Council of Ministers

The Council of Ministers:

• Is appointed by the prime minister in consultation with the president.
• Must receive a vote of confidence from the Palestinian Legislative Council.
• Proposes laws, issues regulations, and takes the necessary actions to execute laws.
• Prepares the general budget to be presented to the Legislative Council.
• Received greater powers after a 2003 amendment of the Basic Law transferred executive responsibilities to the cabinet. The amended law placed the security services under the control of the cabinet, while acknowledging the president’s role as “commander in chief.”

A new Palestine National Authority cabinet was sworn in on May 19, 2010. Click here for a list of the 22-member cabinet.

Legislative Branch

The unicameral legislative branch is the Palestinian Legislative Council (PLC).

The PLC

The PLC:

• Is made up of 132 members elected to five-year terms.
• Initiates and passes legislation.
• Can overturn a presidential veto of its proposed legislation by a two-thirds vote.
• Can amend the Basic Law with a two-thirds vote.
• Approves the budget.
• Must confirm the prime minister upon nomination by the president.
• Must approve all government cabinet positions proposed by the prime minister. A no-confidence motion can be proposed by the prime minister or by at least ten members of the council.
• Can question ministers but not the president of the PA.
• Cannot be dissolved during a state of emergency.
• Has two ordinary sessions every year, each to last no longer than three months.
• Takes decisions by a simple majority of the members present.
• Has complained of being marginalized by the executive authority. Since Arafat's death, the PLC has reinvigorated its activity, and commonly summons senior executive officials to testify before it.
• Has no real authority over borders or defense policy (as per agreements with Israel).

The last election took place on January 25, 2006. The current speaker for Hamas is Aziz Duwaik and the current opposition leader is Azzam al-Ahmad. However, the council has not been able to properly govern since 2007 due to the imprisonment of some of its members by Israel and due to the Hamas-Fatah rift.

Judiciary

Palestine’s legal system is a mix of laws derived from Ottoman, British Mandate, Jordanian, and Egyptian law, as well as Israeli military orders and laws promulgated by the Palestinian Authority.

The Basic Law guarantees the independence of the judiciary.

The Law of Judicial Organization was promulgated in 2002 to provide for a judiciary that would be able to operate independently of the executive branch. The 2002 law gave the Palestinian judiciary a degree of autonomy and jurisdiction that other Arab judiciaries lack, but implementation of the law has been slow due to continued conflicts between the judiciary and other bodies.

Mahmoud Abbas appointed a commission on judicial reform in 2005. The “Steering Committee for the Development of the Judiciary and Justice” is in charge of making improvements to the 2002 Judicial Authority Law to ensure it can be implemented.

Judges and staff lack sufficient resources and suffer from a lack of skills and training. Court procedures and record keeping are antiquated.

Judiciary Councils

The High Judicial Council (Arabic):

• Was created by the PLC law on the independence of the judiciary of 1998 to oversee the judiciary in the Palestinian Authority. Then President Yasir Arafat delayed signing the judiciary law and formed a High Judicial Council in 1999, consistent with the law but without approving the law itself. The High Judicial Council was reestablished after he approved the law in 2000.


• Exercises significant authority over the judiciary. It reviews policies regarding the structure and function of the judiciary, and appoints, promotes, and transfers judges.


• Is engaged in an ongoing dispute over judicial authority since its formation with the Ministry of Justice.

Courts

There are 39 courts in both the Gaza Strip and the West Bank combined.

The judicial system is organized around a three-tiered court structure:

• Magistrate Courts (Mahakim al-Sulh)
  

  Single-judge courts that hear minor civil and criminal matters.

• District Courts
  

  Multi-judge courts that hear more serious civil and criminal matters, as well as appeals to judgments of the Magistrate Courts.

• Courts of Appeal
  

  The highest court is the High Court, which is divided into 8 chambers: civil, social, commercial, maritime, property, criminal, personal status, and injunctions.

Supreme Court

The Supreme Court is composed of two departments:

1. A Court of Cassation that serves as the final court of appeals for civil, criminal, and commercial matters.
2. A High Court of Justice for administrative disputes.

Military Courts

Established in 1995, military courts have jurisdiction over police and security force personnel as well as crimes by civilians against security forces.

State Security Courts

• Established in 1995 by a presidential decree to try cases involving security issues in the West Bank and the Gaza Strip. They were abolished in 2003. These courts lacked almost all due process rights.


• Personal status issues are handled by a separate court system. Shari'a courts operate for Muslims and other Palestinian religious communities have their own courts.


• The PA executive sometimes does not respect decisions of the High Court, and the Palestinian security agencies do not always enforce its rulings.


• Due to the ongoing rivalry between the Palestinian judiciary and the executive, the Palestinian High Court overturned the 2005 Judiciary Law on November 27. Claiming jurisdiction as a constitutional court, the High Court declared the Judiciary Law unconstitutional because it contravenes the Palestinian Basic Law.


• The Judiciary Law changed the composition of the judicial council and the appointment procedure for the attorney general in order to transfer authority from the judicial council (which has been accused of abusing its power) to the Ministry of Justice.


• The Palestinian Legislative Council (PLC) and several Palestinian nongovernmental organizations claim the High Court's decision is illegitimate because it is not entitled to look into constitutional appeals.


• They also accuse the court of acting on personal motives; the law diminishes the power of those who currently dominate the High Court. This is the first time a piece of PLC legislation has been declared unconstitutional. Click here for more information on the debate.

Reforms Under Discussion

The High Judicial Council has implemented a reform agenda for the years 2008 to 2010. It has set a list of goals and reforms that it plans to achieve by the end of 2010. These goals are aimed at improving the standard of the council by using the best international practices. Click here for a more detailed list of the 2008-2010 High Judicial Council goals.

Military

As of 2010, reports show that the Palestinian Authority has approximately 350,000 males fit for combat. The Gaza Strip had its military powers seized by Hamas in 2007 and therefore the only operating military is present in the West Bank.

Political Environment

Political Parties

The faction-based political system has yet to develop into a more robust, multiparty system.

Major Political Parties Include :

Palestinian National Liberation Movement, or Fatah (Harakat al-Tahrir al-Watani al-Filistini):

• Is one of the main political parties in the Palestinian Legislative Council.
• Was founded by Yasir Arafat in 1959 and became dominant in the Palestinian Liberation Organization (PLO) in 1969.
• Formed the backbone of the PA in 1994.
• Has always identified itself as the central force for national liberation.
• Has always lacked coherence but this was exacerbated by the second intifada as it dissolved into rival and regionalized groups.
• Has faced accusations of autocratic leadership, mismanagement, and political corruption.
• Cannot be clearly distinguished from the PLO and the PA. Some Fatah organs survive on PA financial support and many positions in the bureaucracy are awarded to party activists. Fatah leaders also serve as the backbone of the security services.
• Is currently chaired by Farouk Kaddoumi, elected to the post soon after Arafat's death in 2004.
• Suffered a major defeat in the 2006 legislative elections.
• Is internally divided between an old and young guard. This was clearly expressed in the Fatah primaries before the legislative elections (November 25 and December 3 of 2009), which were characterized by a leadership struggle between members close to President Mahmoud Abbas and Fatah's young guard leadership, led by jailed leader Marwan Barghouti.

Islamic Resistance Movement, or Hamas (Harakat al-Muqawamah al-Islamiyya):

• Is an Islamist party with a military wing.
• Has stated a goal to establish an Islamic state in the area that is currently Israel, the West Bank and Gaza.
• Is opposed to the existence of Israel and to the Oslo accords. Its vocal opposition has turned Hamas into a growing political alternative to the Fatah Party.
• Has benefited from corruption within the PA, the rapid deterioration of civil order, and the inability of the PA to deliver basic services.
• Operates an extensive private charitable social services network.
• Has dissociated itself from the PA, refusing to participate in its institutions or accept the binding nature of its decisions.
• Refuses to surrender the option of armed resistance or submit to the command of the PA in such matters.
• Is listed as a terrorist group by the European Union, Canada, the United States, and Israel.
• Became the major political party in Palestine after winning 78 seats in the January 2006 legislative elections.

Palestinian National Initiative (al-Mubadara al-Wataniyya al-Filistiniyya):

• Was founded in 2002.
• It views itself as a “democratic third force” in Palestinian politics, and opposes the dichotomy between Fatah and Hamas.
• Mustafa Barghouti campaigned on a platform of democratization as the PNI's candidate in the January 2005 Palestinian presidential elections and gained 19.48 percent of the vote.
• Made minor gains in the first phase of the Palestinian local elections, in January 2005, after the presidential elections.

Popular Front for the Liberation of Palestine (PFLP, al-Jabhah al-Sha'abiyah li Tahrir Filastin):

• Secular, Marxist-Leninist, nationalist Palestinian organization, founded in 1967.
• The fall of the Soviet Union, and the increased popularity of the Islamist groups Hamas and Palestinian Islamic Jihad, has marginalized the PFLP’s role in Palestinian politics.
• The PFLP supported the independent candidate for presidential elections Mustafa Barghouti. The PFLP gained only one seat in municipal elections in 2004-2005.

Democratic Front for the Liberation of Palestine (DFLP, al-Jabhah al-Dimuqratiyah li Tahrir Filastin):

• Founded in 1969 as a Marxist-Leninist breakaway from the PFLP. While it retains influence within the PLO (since no new elections have been held), it is a minor force on the ground.

Palestinian People’s Party (Hizb al-Sha'ab):

• Socialist political party, formerly a communist party. In 2002 the party’s leader, then general secretary, Mustafa Barghouti, left with some supporters to found the Palestinian National Initiative.
• In the January 2005 presidential election, the party's candidate was Bassam al-Salhi, who received 2.67 percent of the vote.

Palestine Democratic Union (al-Ittihad al-Dimuqrati al-Filastini, generally known as Fida):

• Formed in 1990 through a split in the Democratic Front for the Liberation of Palestine.
• Takes a more moderate stance than the DFLP toward the Israeli-Palestinian conflict, and has tried to establish itself as a left-wing democratic alternative in Palestinian politics. FIDA has no armed wing, unlike most Palestinian parties/organizations.

Election Results

Results of presidential elections on January 9, 2005:

Candidate Party (Party)	Percentage of votes
Mahmoud Abbas (Fatah)	62.52
Mustafa Barghouti (Independent)	19.48
Taysir Khald (Democratic Front for the Liberation of Palestine)	3.35
Abdel Halim al-Ashqar (Independent)	2.76
Bassam al-Salhi (Palestinian People's Party)	2.67
Sayyid Barakah (Independent)	1.30
Abdel Karim Shubeir (Independent)	0.71
Invalid Ballots	3.82
Blank Ballots	3.39
Total	100

• Four other candidates received between 0.71 percent and 2.76 percent of the votes.
• Voter Turnout: According to the Central Elections Commission, 802,077 people voted, about 48 percent of the 1.6 million eligible Palestinian voters in the West Bank and Gaza Strip.
• Click here for detailed results of the 2005 presidential elections.

Hamas and Islamic Jihad boycotted the presidential elections.

Palestinian and international observers monitored the elections extensively. According to a report by the National Democratic Institute (NDI) and the Carter Center, “the election was contested vigorously and administered fairly” but there were scattered incidents of intimidation and harassment by some Fatah activists. Click here to read the report by the European Union´s Observation Mission.

East Jerusalem voting was problematic due to the political situation. Procedures had to be designed to avoid directly contesting Israeli claims of sovereignty (for example, polling was carried out at post offices so that Israel could view it as absentee balloting).

Members of the Palestinian Central Elections Commission (CEC) resigned after controversy over their decision to extend the voting time by two hours and to allow citizens to use identification cards to vote at the nearest polling center instead of previously designated centers.

Allegations of some commissioners’ favoritism toward the ruling Fatah party in the 2005 presidential contest marred the reputation of the CEC.

The next presidential elections were scheduled to be held in January 2009. However, in November 2008, President Abbas declared that he would be postponing the elections by a year. This deadline has long passed and no presidential election has taken place yet. For a full 2008 report about the future of Palestinian elections, click here.

Results of elections for the legislative council on January 25, 2006:

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Alliances and Parties	Seats
Hamas (List of Change and Reform)	74
Fatah	45
Popular Front for the Liberation of Palestine	3
The Alternative	2
Independent Palestine (consisted of Palestine National Initiative and some independents)	2
Third Way	2
Independents	4
Total (turnout: 74.6 percent)	132

• Click here for detailed results released by the Palestinian Central Elections Commission.


• Voter turnout: 77 percent of eligible voters (980,000 of 1.273 million).


• The conduct of the election was widely considered to be free and fair. The Election Cases Court on February 5, 2006 dismissed claims by Fatah that electoral violations necessitated new elections in the districts of Salfit, Nablus, Gaza, Khan Younis, and Jerusalem. The court similarly dismissed claims by Hamas that it had won 30 seats instead of 29 seats at the national level.


• Initial observer reports stated that the election was carried out in an efficient and orderly manner. A preliminary statement released on January 26, 2006 by the National Democratic Institute and the Carter Center praised the orderly and peaceful conduct of the elections but also recorded instances of improper campaign activity and restricted freedom of movement and campaigning.

Results of municipal elections in the West Bank and Gaza Strip held in four stages between December 2004 and December 2005:

First round: 26 municipal councils in the West Bank on December 23, 2004:

• Fatah: twelve councils.
• Hamas: eight councils.
• Independent candidates: six councils
• Voter turnout: 81 percent of registered voters.

Second stage of first round: ten councils in the Gaza Strip on January 27, 2005:

• Hamas: seven councils.
• Voter turnout: 85 percent of registered voters.

Second round: 76 councils in the West Bank and eight councils in the Gaza Strip on May 5, 2005:

• Fatah: 50 councils.
• Hamas: 30 councils, including key urban areas such as Rafah in Gaza and Qalqilya in the West Bank.
• The Higher Committee for Local Elections called for a partial revote in the Gaza districts of Rafah, Beit Lahia, and Bureij. Hamas alleged that Fatah is trying to commit electoral fraud and announced it would boycott the revote and reconsider the cease fire agreement. As a result, the revote has been postponed indefinitely.
• Click here to read a statement about this round of elections by the National Democratic Institute.

Third round: 104 councils in the West Bank and Gaza on September 29, 2004:

• Fatah: 51 councils (22 of them uncontested).
• Hamas: thirteen councils.
• In the remaining 40 towns and villages, there was no clear winner and coalition talks were underway.
• Voter turnout: 81 percent of registered voters.
• For the first time in municipal elections, the Palestinian parties fielded slates of candidates rather than individual candidates, a move intended to streamline the vote count.
• Click here to a read statement about this round of elections by the National Democratic Institute.

Fourth round: 107 municipal councils on December 15, 2004.

• In the major cities of Nablus, al-Bireh, Ramallah, and Jenin:
• Hamas: 74 percent.
• Fatah: thirteen percent.
• In surrounding cities:
• Hamas: 26 percent.
• Fatah: 35 percent.
• These were the first municipal elections held in the Palestinian territories since 1996.
• The date of the next municipal election is unknown. They were scheduled to be held on July 17, 2010 but the Palestinian Authority decided to postpone the elections yet again.

Civil Society and Nongovernmental Actors

• Civil society flourished in Palestine after the breakout of the intifada in December 1987 and the withdrawal of Jordanian public services in 1988. Associations proliferated to fill the services vacuum.


• Palestinian nongovernmental organizations (NGOs) include charitable societies, cooperatives, associations, development organizations, and some other social interest groups, such as unions representing the disabled, women’s organizations, and youth movements.


• Local NGOs that were substantially funded by Arab states prior to the Oslo Accords are grouped under the Union of Charitable Societies.


• Local NGOs funded mainly by Europe and North America are grouped under the Palestinian NGO Network (PNGO).


• International NGOs are grouped under the Association of International Development Agencies (AIDA).


• Since the establishment of the Palestinian Authority in 1994, the relationship between the NGO sector and the government has been volatile and unstable, and NGOs have had to operate within an ambiguous legal framework that left them vulnerable to political pressure.


• NGOs are regulated by the 2000 Law of Charitable Associations and Community Organizations (English text).


• In 2000, a Ministry of Nongovernmental Organizations was established.


• There are nineteen trade unions and syndicates registered with the Ministry of Labor.


• Syndicates:


• Syndicate of Dentists
• Syndicate of Supportive Engineering Professions
• Syndicate of Palestinian Physicians
• Syndicate of Palestinian Engineers
• Syndicate of Palestinian Pharmacists
• Syndicate of Palestinian Agricultural Engineers
• Syndicate of Supportive Medical Professions
• Syndicate of Veterinarians
• Society of Palestinian Artists
• Society of Palestinian Social Workers
• Syndicate of Palestine Lawyers
• League of Palestinian Journalists
• Society of Accountants and Legal Audits
• General Union of Palestinian Teachers
• Union of Palestinian Contractors
• Union of Palestinian Writers
• Union of Charitable Societies


• Umbrella organizations:


• The Palestinian General Federation of Trade Unions: includes the majority of unions in the West Bank and Gaza.

Civil and Political Rights

Personal Liberties

• The Basic Law recognizes the fundamental human rights and freedoms prescribed in major international covenants. It declares that all Palestinians are equal under the law and judiciary, without discrimination on the basis of race, sex, religion, political views, or disability.


• The Basic Law provides for freedom of thought and expression provided that they do not “violate the provisions of the law.”


• The Basic Law guarantees freedom of belief and the performance of religious rituals, provided that they do not “violate public order or public morals.” The Basic Law declares Islam the official religion of Palestine and also states that “respect and sanctity of all other heavenly religions shall be maintained.” The PA generally respects freedom of religion, although no law exists protecting religious expression.
   
• Article 13 of the Basic Law prohibits torture and arbitrary arrest, but international human rights groups state that PA officers engaged in torture, prisoner abuse, and arbitrary and prolonged detention. Abuses have declined since the beginning of the second intifada.
   
• The 2001 PA Criminal Procedures Law allows police to hold detainees without charges for 24 hours. Court approval is necessary for detention without charges for a maximum of 45 days. A trial must start within six months of arrest or the detainee must be released. In practice, however, many Palestinians are held in detention without charge for months.


• The Basic Law guarantees the right to conduct public meetings, processions, and assemblies, within the limits of law. The PA requires permits for rallies and demonstrations, but these permits are rarely denied.


• The New York-based organization Human Rights Watch provides a comprehensive overview of human rights developments in the Palestinian Territories for 2010.

Legislation Regulating the Exercise of Rights

Political Party Laws

• The Basic Law gives Palestinians the right to participate in political life individually and in groups. It guarantees the right to “establish and join political parties in accordance with the law.”


• Palestine lacks a political party law. In 1998 a draft law on political parties was proposed but never enacted. The proposed law:


• Banned any party that sought to topple the constitutional government, threatened the independence and unity of the country, called for war and internal violence, or jeopardized democratic political life and regional and social unity (Article 8).


• Gave the ministry of justice the right to prevent any party from registering if its basic system and its documents conflicted with Palestinian law (Article 16).


• Required legal parties to be members of the coalition that comprises the Palestine Liberation Organization (PLO).
• In July 2005, some PLC members and nongovernmental organizations began to push for the adoption of a political party law that would require Palestinian political parties and factions to register with the minister of justice.


• Fatah and some smaller leftist parties agreed, but Hamas, the Popular Front for the Liberation of Palestine, and some other parties argued that such a law was premature.


• Ultimately every faction but Hamas agreed on October 18, 2005 to a code of conduct on how parties should behave during the campaign for the forthcoming elections. Hamas refused to sign the code because it prohibited campaigning in mosques.


• A legislative committee was investigating the possibility of passing a political party law ahead of legislative elections in January 2006 but that did not happen. In 2007, a draft of a political party law was presented by the Council of Minister but received negative criticism from civil society and political parties for being incomplete.

Electoral Law

• An electoral law passed on June 18, 2005 (Arabic text) replaced the 1995 Electoral Law (English text, Arabic text). The new law:


• Changes the number of seats in the Palestinian Legislative Council from 88 seats to 132 seats.
• Changes the electoral system from a majority system to a mixed system. Half the seats (66) are elected by direct ballot based on sixteen electoral districts and half (66) are chosen from party lists by proportional representation.
• Reserves six of the 66 seats elected by direct ballot for Christian representatives.
• Ensures women a minimum level of representation on the electoral lists. Each list must include at least one woman in the first three names, at least one woman in the next four names, and at least one woman in each of the five names that follow on the list.


• The Central Elections Commission gained a new mandate on April 4, 2005 to oversee the Palestinian Legislative Council elections, which took place on January 25, 2006. Three new commissioners were added (click here for the full list).


• Palestine is divided into 16 electoral divisions: eleven in the West Bank (Jerusalem, Jericho, Bethlehem, Hebron, Nablus, Jenin, Tulkarm, Qalqilya, Tubas, Salfit, and Ramallah) and five in the Gaza Strip (Gaza North, Gaza City, Deir El Balah, Khan Younis, and Rafah).


• Local elections are administered by the Higher Commission for Local Elections (HCLE), formed by the Ministry of Local Government in 2004. A local elections commission was first established in 1996 when the local elections bill was passed by the PLC.


• The basis of the HCLE’s work is the Law for Election of Local Councils of 1996 (English text) and its amendments, which were passed in December 2004 and August 2005 (Arabic text) in the middle of municipal elections. The amendments introduced the following changes:


• A party list system with 10 percent threshold.
• A 20 percent quota for women.
• The president of the council is elected by the council rather than through direct elections.
• Local elections are to be held on a single date


• For a copy of the current 2005 local election law, click here.

Election Law Amendments

On September 2, 2007, Palestinian Authority President Mahmoud Abbas announced changes in the election law that would favor his Fatah Party against its rival Hamas. Hamas described the move as illegal, as Abbas made the change by decree rather than through the Palestinian Legislative Council, which is unable to meet because of the Fatah-Hamas rift and Israeli detention of many Hamas deputies.

Under this law, Palestinians will vote solely for party lists. In the 2006 elections, half the seats were chosen by national party lists and the other half by district; Hamas was particularly successful in districts. The decree also requires all electoral candidates to recognize the Fatah-dominated Palestine Liberation Organization as the "sole, legitimate representative" of the Palestinian people, a position rejected by Hamas.

Click here for a copy of the 2007 presidential decree annulling the 2005 elections law.

Law on Associations

• The 2000 Law of Charitable Associations and Community Organizations (English text, Arabic text) offer a framework to establish a modus operandi between the Palestinian Authority and NGOs. The law:


• Is the result of a joint effort in 1998 between the political sub-committee of the Palestinian Legislative Council (PLC) and a coalition of NGOs.
• Requires NGOs to register at the Ministry of Interior. The ministry can close down an association for substantive violations of its bylaws and after notice and failure to correct. The association can appeal this decision to a court.
• Allows associations to engage in any social, economic, cultural, developmental, or other activities or services that will enhance the life of citizens in the social, health, professional, material, spiritual, artistic, cultural, and educational fields.
• States that associations must file annual reports on their activities and finances.


• Workers may establish unions without government authorization. Palestinian workers seeking to strike must first submit to arbitration by the PA Labor Ministry. If the union disagrees with the final arbitration and strikes, a tribunal of senior judges appointed by the PA decides if disciplinary action (such as a fine) should be taken.


• There are no laws to protect the rights of striking workers. Labor affairs in the West Bank and Gaza are governed by a combination of Jordanian laws and PA decisions. Palestinian workers in East Jerusalem are subject to Israeli labor law.


• Workers in Jerusalem are free to establish unions, but may not join West Bank federations. This restriction, however, is not enforced. Workers holding Jerusalem identity cards may belong simultaneously to West Bank unions and the Israeli Histadrut Labor Federation.


• Palestinian media reported in October 2005 that the PLC is discussing an amendment to the law that would prohibit political activity by NGOs. (More precise information is not available so far). For a 2008 Code of Conduct report for Palestinian NGOs created by the Code of Conduct coalition, click here.


• As of August 2009, 2,100 associations were reported to be active in the Gaza Strip and in 2008, 899 were reported to be active in the West Bank.

Reforms under discussion

• In April 2008, Hamas banned all public events or celebrations from taking place unless they had previously registered with the local government. This is illegitimate as it contradicts the Basic Law.


• In 2009, the Israeli government prohibited several educational and cultural events from taking place. One of the events was aimed at declaring East Jerusalem the “Capital of the Arab World 2009.”

Media Laws

• The 1995 Press Law regulates the Palestinian media. The law:


• Provides for journalists to be fined and jailed and newspapers closed for publishing “secret information” on Palestinian security forces or news that might harm national unity or incite violence.
• Stipulates that Palestinian intelligence services do not have the right to question, interrogate, detain, incarcerate, or arrest journalists on the basis of their work.


• Official harassment of the Palestinian media has declined greatly in recent years. However, threats and physical abuse of journalists still occur.


• Palestinian media are licensed by the Ministry of Information. Foreign media are monitored by the Bureau of Press Information established by the General Intelligence Directorate.


• The Palestinian Authority operates two television stations and one radio station.


• The most important media outlets are privately owned. Unlike other Arab countries, even the broadcast sector is partially private in Palestine. More than 30 private television stations operate in the West Bank, the best-established of which transmit across the West Bank and into Gaza and Jordan.


• Dozens of private radio stations in the West Bank and Gaza offer mostly entertainment programs, though a few feature news and overtly political broadcasts. The growth of private broadcasting started in the 1990s, before the current intifada broke out. The PA, fearing that Israel might one day close down or attack its official stations, reluctantly allowed numerous private stations to operate.


• All three daily newspapers depend heavily on PA support in the form of direct subsidies or advertising. Several small media outlets are pressured by authorities to provide favorable coverage of the PA.


• According to the annual Worldwide Press Freedom Index by Reporters without Borders, the occupied Palestinian territories rank 158 of 169 countries. The index runs from 1 (most press freedom) to 169 (least press freedom).

Crackdown on Journalists

• Hamas security forces arrested and detained six journalists for several hours on August 24, 2007, as they were covering a pro-Fatah demonstration in Gaza. Three days later, Hamas leaders announced their intention to implement a 1995 press law under which journalists may be imprisoned for six months and newspapers may be closed if they publish reports that “jeopardize national unity or incite crime, hatred, division, or sectarian dissention.”


• On September 3, 2007, Hamas declared a plan to dissolve the Gaza branch of the Union of Palestinian Journalists, mostly supportive of Fatah, and create a government committee for the media.


• According to Reporters without Borders, the government of Hamas implemented a new system in 2008 whereby all journalists are obliged to register with the government before practicing.


• Reports have also shown that in 2009, freedom of the press continues to be restricted by Israeli authorities due to heightened tensions between Fatah and Hamas and because of physical barriers such as checkpoints. To read more, click here.


• All Israeli journalists were barred from entering the Gaza Strip since 2006 due to “personal safety.” This ban was also applied to all foreign journalists in November 2008.  The ban was lifted for foreign journalists in 2009 but not for Israeli journalists. Click here for more information. 

Personal Status Law

• Personal status law is based on religious law; for Muslims, it is derived from Shari'a (Islamic law), and for Christians, from ecclesiastical courts.


• Personal status law derived from Shari'a puts women at a disadvantage in matters of marriage, divorce, and inheritance. Women may make stipulations in the marriage contract to protect them in the event of divorce and on questions of child custody; however, very few women take advantage of this provision. Ecclesiastical courts also often favor men over women in divorce and child custody cases.


• Rape, domestic abuse, and “honor killings,” in which unmarried women who are raped or who engage in premarital sex are murdered by a relative, are not uncommon. These murders often go unpunished, or perpetrators serve extremely short prison sentences.


• The Jordanian personal status law of 1976 remains in place in the West Bank and the Egyptian family rights law of 1954 still apply to the Gaza Strip. They are considered to be highly discriminatory.

Recent Government Initiatives Affecting Rights

Two independent electoral commissions were formed: the Higher Commission for Local Elections (HCLE) to oversee municipal elections and the Central Elections Commission (CEC) to oversee legislative and presidential elections.

Ratification of International Conventions

Because the Palestinian Authority is not a state, it cannot ratify international conventions.