Date: 14 Sep 2019
Ref: 66 /2019
ICSPR considers the announcement of the Legislative Council in Gaza on the expiration of the President’s term “Abbas” a political step that would deepen the division
The International Commission to Support Palestinians’ Rights “ICSPR” follows with great concern the announcement of the Acting President of the Palestinian Legislative Council, Dr. Ahmed Bahr, on Wednesday 11-9-2019, the end of the constitutional mandate of President “Abbas”, since: 8/1/2009, in implementation of the decision of the Supreme Court in the Gaza Strip, as a constitutional court, in relation to its interpretative decision on the above order, on: 24 6/2019.
ICSPR confirms that the declaration of the end of President “Abbas” mandate, as well as the latter’s decision to dissolve the Legislative Council, and the decree to establish the Constitutional Court, under any justification, is only an extension of the political crisis, and complete the sharp division between Fatah and Hamas.
And it considers that such decisions will kill the Palestinian constitutional experience, including accelerating the erosion of the Palestinian system. Article 36 of the amended Basic Law of 2005, which limited the term of the Palestinian National Authority to four years, stresses that no judicial and other authority can declare the termination or abolition of the constitutional mandate, especially in light of the state of division and the faltering reconciliation. Therefore, ICSPR demands the following:
- ICSPR affirms that the Palestinian Basic Law and its amendments did not grant the President or any judicial body, including the Constitutional Court, the power to dissolve the Palestinian Legislative Council, neither the Legislative Council nor any other judicial body, whether in normal or emergency circumstances, has been given the power to declare the expiration of the constitutional mandate of the President, except in cases specified exclusively by law and do not apply here.
- ICSPR reminds the parties of the internal division that they should give priority to restoring national unity on the basis of partnership, national consensus and the rule of law, in order to ensure the proper conditions for holding presidential, legislative and the National Assembly elections, on the basis of full proportional representation.
- ICSPR urges the political forces and the popular components to confront any decision that would create further tension and calls on them to act to protect the values of the rule of law and the separation of powers.