Abbas's Surprise Constitutional Declaration on the "Vacancy" of the Position of President of the Palestinian Authority... What's Behind It?

Palestinian Authority President Mahmoud Abbas announced a constitutional declaration stipulating that if the position of the President of the Authority becomes vacant, the President of the National Council will assume his duties temporarily, until the presidential elections are held in accordance with the Palestinian Election Law.

The Palestinian National Council is currently headed by Fatah leader Rawhi Fattouh, who assumed the position of interim president of the Authority after the death of its first president, Yasser Arafat.

Abbas said in the decree published by the Palestinian News Agency, WAFA: “In our belief and awareness of this delicate stage in the history of the homeland and the Palestinian cause, and in fulfillment of our historical and constitutional responsibility to protect the Palestinian political system and protect the homeland, preserve the integrity of its lands and guarantee its security, and the political and economic crisis that our people are experiencing today, represented by what our people are suffering as a result of the war of extermination, an existential threat that affects all aspects of life in Palestine.”

He added: "And in the belief that the dignity of the nation is nothing but a reflection of the dignity of each of its individuals, who is the foundation of building the nation, and that human freedom, the rule of law, and the support of the values of equality, pluralistic democracy, and social justice are the basis of legitimacy for any system of government that leads the country into the next period of our people's history."

He continued: "Based on the above and building on it, and out of a desire to emerge from the crises the country is experiencing and in order to maintain stability during this period in which the country is facing many challenges that require us to confront them, we have issued the constitutional declaration."

Abbas's declaration states in its first article, "If the position of the President of the National Authority becomes vacant in the absence of the Legislative Council, the President of the Palestinian National Council shall assume the duties of the presidency of the National Authority temporarily, for a period not exceeding ninety days, during which free and direct elections shall be held to elect a new president in accordance with the Palestinian Elections Law. If it is not possible to hold them during that period due to force majeure, they shall be extended by a decision of the Palestinian Central Council for another period, and for one time only."

Abbas was forced to issue a "constitutional" declaration because Article 97 of Law No. 9 of 2005 of the Palestinian Authority's Basic Law, regarding the vacancy of the position of president, stipulates that the Speaker of the Legislative Council shall be assigned the duties of the presidency until new elections are held.

The Speaker of the Palestinian Legislative Council, Aziz Dweik, was the head of the Hamas parliamentary bloc in the Legislative Council that was elected in 2006, and Abbas dissolved it years later after the dilemma of the Palestinian division.

Because there is currently no Legislative Council, it seems that the President of the Authority was facing a dilemma, so he resorted to issuing the constitutional declaration, bypassing the text in the Basic Law.

The position of the President of the Authority shall be considered vacant in cases of death, resignation, or loss of legal capacity, such as severe illness or complete inability to perform the duties of the presidency. This shall be decided upon based on a decision of the Supreme Constitutional Court and the approval of the Legislative Council by a two-thirds majority of its members.

For its part, Yedioth Ahronoth newspaper quoted Palestinian Authority officials as saying that Abbas did not consult them about his decision, and they believe that interference from the United States and Saudi Arabia was behind its issuance.

She said that officials indicated that the Secretary of the Executive Committee of the Palestine Liberation Organization, specifically, was not consulted by Abbas regarding the decree, and he is the person who aspires to succeed Abbas.

Officials pointed out that the US-Saudi plan aims to change the face of the authority, which "may control the Gaza Strip after the end of the war."

Arabic 21