The Human Rights and Democracy Media Center “SHAMS” presents its vision regarding the discussions which are set to take place between the Palestinian factions in Cairo on Monday (8/2/2021) and which aim at resolving impediments that stand in the way of the electoral process. These talks are a direct result of the presidential decree issued by president Mahmoud Abbas on 15/1/2021 which ordered the holding of general elections, both parliamentary and presidential, as well as the reconfiguration of the National Council through 3 separate steps. The parliamentary elections are expected to be held on 22/5/2021, the presidential elections on 31/7/2021, and the reconfiguration of the National Council on 31/8/2021. As a result, intra-Palestinian discussions at the level of the factions are set to take place in Cairo in order to overcome differences which jeopardize the holding of the elections, already a long-due commitment.
“SHAMS” center’s vision is comprised of a number of main points which it believes must be adopted to ensure the success of the electoral process, including: putting an end to the continued state of emergency, the establishment of an environment conducive of public rights and freedoms, as well as a number of recommendations pertaining to the judicial branch: to repeal the recent decisions pertaining to the judiciary, to reconfigure the Standing High Judiciary Council in accordance with the Basic Law, to reconsider the configuration of the Constitutional Court and the legislation governing its work, and to maintain acceptable integrity and objectivity in the configuration of the elections court.
The center has also included in its vision recommendations that pertain to amendments related to the electoral legislations, cybercrime legislations, and solutions to the general legislations crisis. The vision contains a list of other recommendations regarding the participation of the youth in the elections: lowering the minimum age required for nomination, including them in the electoral lists, and integrating their demands into the elections programs. In addition, the center recommends raising the minimum quota for female nominees and appointees to 30%, in accordance with the code of honor previously signed between the Palestinian factions and civil society institutions as per the decision of the Central Council.
“SHAMS” center’s vision emphasizes the importance of monitoring financial funding for the elections campaigns, both internal and external, and the granting all the participating lists an equal space in the media outlets. The center also particularly recommends that the factions abandon the notion of a joint list as it represents a danger to the democratic process, a harmful quota policy, and leads to stripping the voters of their will to choose. Furthermore, “SHAMS” demands that the factions hold their own primaries (internal elections) and considers the disablement of democratization at the level of internal construction of the parties an indicator of the lack of seriousness of the democratization slogans they promote to the general public. Lastly, the center presents a solution that ensures the participation of the citizens in Jerusalem the Capital in case the occupation state obstructs the process, and recommends the establishment of a national institution called the Palestinian Institution for Transitional Justice as well as a code of honor between the factions that ensures their respect for the outcome of the electoral process and a welcomed form of ethical commitment.
Out of the effective role of the Palestinian civil society in guiding our people towards national liberation and independence, the enabling of the internal front in defending its legitimate rights and fend off the existential and strategic threats imposed by colonialism and its violent interventions, from the conviction that Palestine belongs to all of its citizens, male and female, as a contribution towards the establishment of a civil and democratic Palestinian state that is rooted in good governance, out of respect for the grave sacrifices expended by the Arab Palestinian people, in recognition of this pivotal historical moment, and out of our sense of responsibility, the following is the “SHAMS” center’s vision regarding what ought to be done to ensure the success of the electoral process:
- Ending the continued state of emergency, which started as a response to the Covid-19 pandemic. The state of emergency, which imposes additional limits on public rights and freedoms, has been unconstitutionally extended in a continued manner since March of 2020 despite the fact that the Basic Law (which operates as a temporary constitution) states that the state of emergency can only be extended for an additional period of 30 days through the approval of the Palestinian Legislative Council with a 2/3 majority. In addition, the health-related reasons, officially cited as the reason for the extension, do not truly exist on the ground. The regular legislations are sufficient to deal with any pandemic and preserve the public’s health and safety, particularly the Public Health Law 20/2004, articles (9, 14), and the Civil Defense Law 3/1998.
- The establishment of an environment conducive of public rights and freedoms, through refraining from violations of the right of peaceful assembly, political arrests both in the West Bank and the Gaza Strip, the prosecution of journalists and activists due to their activity on social media platforms, raising public issues, and providing commentary on the making of general policies, and suspending “security clearance” as a condition for employment.
- Pertaining to the Judiciary:
- Immediately rescinding the decree laws (39,40,41) of the year 2020 which pertained to the configuration of regular courts, an amendment to the Judicial Authority Law, and the configuration of administrative courts. The decree laws violated the Basic Law, the principle of the rule of law and the separation of authorities. They also violated the independence of the judiciary in its essence, and completely ignored communal participation, the transparency of the legislative process, and the demands of the civil society. The timing at which the legislations were issued is completely incomprehensible, especially since the Judicial Authority Law is one of the most refined at the regional level and is a law of sovereignty that must not be amended except through a parliament elected by the people, the source of the authorities. The timing of these legislations, right after the decree concerning the elections, constitutes an attack on the powers of the next Legislative Council, the responsibility of whom is to review all decree laws issued since 14/6/2007. These controversial legislations are characterized by the suspicion of the lack of generality and abstraction, both of which form a flaw in their form in addition to their content. According to the amendments, the first appointment of the Supreme Administrative Court judges is a power held by the president, which reflects an increasing incursion of the executive authority into the judiciary which in turn threatens the integrity of the electrical process.
- Forming a standing High Judicial Council in accordance with the Palestinian Basic Law and the Judicial Authority Law, and lifting the executive authority’s mighty hand over the judicial system and public prosecution, the two essential pillars of justice.
- Re-considering the configuration of the Constitutional Court and its governing legislation. The court’s formation was characterized by a political element that encroached its independence. In addition, its unconstitutional ruling to dissolve the Legislative Council presented another example in which this fear was confirmed. In its current form, the court will remain a sword hanging over the head of the next elected parliament.
- Observing integrity, impartiality, integrity, and admissibility in the formation of the Electoral Court, as it will hold the responsibility of looking into electoral appeals which are (that is, the appeals) expected and hence must be reviewed decisively with justice and the in accordance with the law.
- Abandoning the idea of the joint list both at the internal level of the parties (Hamas and Fatah) or as a joint list for all parties. This step would introduce acclamation for the first time into parliamentary elections, entails a quota system, strips democracy of its essence, and denies citizens their will. This is especially the case since the idea is being promoted after a long de-activation period of the elections, a periodic constitutional obligation.
- Ensuring the participation of the citizens of Jerusalem the Capital, since the agreements stipulate the participation of the citizens of Jerusalem in terms of voting and nomination. Therefore, a political clash should take place with the colonial power in case it disables the process and advantage should be taken from the Europeans and the permanent members of the Security Council including “Russia” and “China.” It is crucial to build upon what the European Union has presented in terms of guarantees and promises pertaining to the facilitation of the conduction of elections in Jerusalem and confront the international community with its responsibilities. In case holding the elections there is not possible, it will be crucial to discuss the tools that will be employed in this particularity amongst the Palestinian factions. In this regard, it is worth pointing out a possible solution to this crisis: the Central Elections Commission has permitted, as per a published statement, holders of the Blue ID cards to vote without having to register beforehand. Since this is so, we see that it is necessary to allow Jerusalemites to vote in any polling station under the condition that the Elections Commission design a form for this purpose that preserves the integrity of the voting process.
- At the level of Legislations:
- Electoral legislations: backing out of the amendment of paragraph (1) of the article (8) from the decree law number (1) of the year 2007 regarding public elections. The amended decree law number (1) of the year 2021 in paragraph (6) prohibited public officials, civil institution employees, and others from being nominated for the presidency or membership of the Legislative Council prior to submitting their resignations from their offices and attaching documents that confirm the resignation’s admission with their nomination application. Ideally, the resignation should be connected to winning the elections, or at least must be considered acceptable without requiring that a document confirming the resignation’s admission be attached, which is the decision of the administration! This reflects the desire to limit citizens’ right to present nominations and practice their political rights.
- Cybercrime: Re-viewing the legislations that pertain to cybercrimes in the West Bank and Gaza and amending the articles that encroach upon digital rights and freedom of expression within the digital medium, which will be of paramount importance in the upcoming elections.
- The Public Legislations Crisis: The legislations that were issued inrecent era must be categorized according to their topics: social, economic, legal, penal…etc. As soon as the parliament convenes, this elected parliament must look into their constitutionality, rescind them, or amend them. It is also the parliament’s responsibility to adapt these national legislations to the international agreements in all fields to which Palestine joined. If these visions are agreed upon beforehand, they will play a critical role in improving the parliament’s responsiveness to the legislations crisis and the results desired from solving that crisis in accordance with standards of democracy, liberties, and rights.
- Presence of the youth: through giving a real chance of participation to the youth by lowering the minimum age required for a nomination in the legislative elections. This is should be done from the principle that the more the gap separating the eligibility to vote and the eligibility for nomination is reduced, the more just the country is, and the more consistent its system is with aspirations of democratization. This may necessitate a consideration of a quota for the youth, supporting their presence in electoral lists, and ensuring that the electroal programs cover their priorities and particularly those concerning work, combating unemployment, the quality of education, and its state of being cost-free.
- Amending the quota for women and raising it from 26% to at least 30%: as a follow-up to discussions of civil society and the Liberation Organization as well as the pledge presented by the latter to raise the quota for women in its institutions to 30%, and out of commitment to the decision made by the Central Council of the Palestinian Liberation Organization in its regular session number 27 held on 5/3/2015. This should also be done to reduce the gap between demographics and representation, and it must be emphasized that the quota, even if it were of the fifty-fifty type, should always be viewed as the minimum rather than the maximum, and is a transitional phase towards implementing complete equality.
- Regulating electoral funding: both internally and externally, since the legislations do not ensure the needed and necessary level of integrity concerning, amongst other things, effective monitoring and the principle of equality of opportunity for all nominees. There must be a discussion of direct, general funding and not only that of campaigns, granting the Elections Commission a bigger role in monitoring efforts, finding effective mechanisms of accountability, and making punishments more deterrent.
- Publishing clear “official” or “partisan” instructions to media outlets from both sides: in order to ensure the availability of a balanced and equal space for all nominated lists and frameworks regardless of their political and ideological affiliations, including the provision of space for independent nominees. This is not only an ethical commitment, but also a legal one, at least regarding official media.
- Requiring all parties and factions to hold internal elections /“primaries”: Electoral lists should not be formed in isolation from the popularity of the candidates nominated through the partisan framework of each party and the degree to which such candidates are accepted by each party’s internal bases. Disablement of democratization at the level of internal construction of the parties is an indicator of the lack of seriousness of the democratization slogans they promote to the general public.
- Establishing of a national institution called the Palestinian Institution for Transitional Justice: an institution that is characterized by legal personhood as well as financial and administrative independence after holding the elections. The institution performs the following:
- Uncovering the truth about violations that have taken place in the past years, reaching them, and honestly exposing them to the public, all while taking personal freedoms and the right of privacy and confidentiality into consideration, as a remedial action.
- Assigning accountability mechanisms that do not allow for impunity and enable the judiciary to look into human rights violations that have taken place with integrity, independence, and transparency. In doing so, the standards of international agreements endorsed by Palestine should form a point of reference, including: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and the Convention against Torture.
- Working on organizing familial reconciliations in order to achieve justice, civil peace, and social cohesion, and build a state of law. In addition, these efforts must compensate victims morally and financially, restore their sense of value them, provide apologies to them so that their trust in official institutions is restored, rehabilitate them, provide treatment to them, and integrate them into society out of respect to the Article (32) of the Palestinian Basic Law and in accordance with it.
- Signing a factional code of honor: in which all parties and factions commit to respecting the results of the electoral process whatever they end up being, as a form of ethical commitment.
It is worth pointing out that civil work must take place at all levels: before, during, and after the elections. From this standpoint, to have a new parliament as a result of the elections – if that happens – calls for a new phase of work.