ICSPR: The Constitutional Declaration Circumvents Article 37 of the Basic Law

Date: 2024-11-29

Press Release
ICSPR: The Constitutional Declaration Circumvents Article 37 of the Basic Law

The Palestinian President issued Constitutional Declaration No. (1) for 2024 on November 27, 2024, published in Issue No. 29 of the Palestinian Official Gazette on November 28, 2024.

Article One of the declaration stipulates that in the absence of the Legislative Council, the President of the Palestinian National Council shall temporarily assume the position of President of the Palestinian Authority in case of vacancy, for a period not exceeding 90 days. During this period, free and direct elections must be held to elect a new president according to the Palestinian Election Law. In case of force majeure, preventing elections within this timeframe, the Central Council of the PLO may extend the period once, and only once, by decision.

The International Commission to Support Palestinian Rights (ICSPR) reiterates its reservations about all laws issued during the era of division, regardless of their nature, subject, or issuing authority. ICSPR recognizes the Palestinian need to rebuild all components of the political system on democratic foundations capable of confronting national threats and challenges. This need is particularly pressing in light of the ongoing genocide and Israeli aggression in the West Bank and Jerusalem. The Commission emphasizes that the implementation of the Beijing Declaration would have been more appropriate, ensuring an agreement on a national unity government, reactivating and unifying national institutions, and focusing efforts on ending the genocide, strengthening resilience, and achieving the primary goal of the Palestinian people: ending the occupation, realizing self-determination, establishing an independent state, and ensuring the return of refugees.

Based on this, the ICSPR asserts and demands the following:

1. ICSPR stresses that the current focus should be on ensuring the cessation of genocide in Gaza, including implementing the Beijing Declaration and unity agreements, agreeing on a national strategy and collective leadership, and enhancing the Palestinian people’s ability to confront national and humanitarian threats.
2. ICSPR finds that the constitutional declaration directly contradicts the Basic Law, which does not grant the president the authority to amend the Basic Law. Such amendments require the approval of two-thirds of the Legislative Council, which was unlawfully dissolved by the president in contradiction with the Basic Law. Additionally, the declaration undermines efforts to hold general elections and end the division. Furthermore, the amendments effectively circumvent Article 37 of the Basic Law, which stipulates that in the event of a vacancy in the presidency, the Speaker of the Palestinian Legislative Council temporarily assumes the position for no more than 60 days, during which free and direct elections for a new president must be held.
3. ICSPR emphasizes that the constitutional declaration, besides being unlawful and unconstitutional, introduces three unconstitutional amendments to the second paragraph of Article 37 of the Basic Law:
   • First, it grants the President of the National Council, who was appointed contrary to the bylaws of the PLO, the authority to assume the presidency of the Palestinian Authority in case of vacancy and in the absence of the Legislative Council, despite the National Council lacking legislative or supervisory authority over the institutions of the Authority.
   • Second, it infringes on the Palestinian people’s right to determine the appropriate method for addressing constitutional vacancies in case both the presidency and the Speaker of the Legislative Council are simultaneously vacant.
   • Third, it extends the transitional period from 60 days to 90 days.
4. ICSPR considers that the constitutional declaration, in essence, constitutes an amendment to the Palestinian Basic Law, which clearly violates Article 120 of the Basic Law. This article stipulates that amendments to the Basic Law require the approval of a two-thirds majority of the Palestinian Legislative Council.

ICSPR calls on the Palestinian President to revoke the constitutional declaration and work earnestly towards restoring unity through national consensus until comprehensive elections are held. The President should prioritize addressing the current Palestinian crises by dedicating national efforts to rebuilding the PLO and the institutions of the Palestinian Authority on democratic foundations. Additionally, steps should be taken to draft a democratic constitution as part of ensuring the foundations of an independent Palestinian state with Jerusalem as its capital.