Although the
Palestinian National
Authority (
PNA) is not an
internationally recognized
independent
sovereign state, it nevertheless conducts its
politics along state-like lines; furthermore, it
has formal political control over a significant but highly
discontinuous section of its claimed territory. The politics of the
PNA take place within the framework of a
semi-presidential multi-party republic with an executive
President
with a
Prime
Minister leading the Cabinet.
Political developments since 1993
Israel
and the
PLO signed the Oslo
Accords which established the Palestinian National
Authority 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 state) 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.
Legislative branch
The
Palestinian
Legislative Council(
Majlis al-Tashri'iin
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
representationand half by traditional constituencies.
New parliamentary
pollstook place on January 25, 2006. Initial
exit pollingindicated that Fatah won the most
seats, though without a majority, but the results were
different.
Political parties and elections
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’(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 Accords, the
West
bank
and the Gaza Strip
were divided into areas (A, B, and C) and governorates.Area A refers
to the area under
PAsecurity
and civilian control.
Area B refers to the area under Palestinian civilian and Israeli
security
control.Area C refers to the area under full Israeli control
such as settlements.
International organization participation
UN(
observer),
OIC,
AL,
NAM,
G-77
References
- Palestinian Basic Law
- Khaled Abu Toameh " Abbas no longer heads PA" The Jerusalem
Post, Jan 9, 2009
- Khaled Abu Toameh " 'Dweik is real Palestinian president'"
The Jerusalem Post, Jun 25,
2009
External links