The Need for a Balanced and Clear Separation between Branches of the Government in the Palestinian Political System

November 7, 2006

A report entitled “Separation between Branches of the Government in the Palestinian Political System” stressed the necessity for modifying the Palestinian Basic Law to bestow equal authority to the three branches so that one does not overrule the other. 

The report which was prepared by AMAN in cooperation with MUWATIN called on drafting a law that would regulate the work of the Palestinian Cabinet in relation with the President’s Office.

 This report was presented in a workshop organized by the Palestinian Coalition for Accountability and Integrity--AMAN. The workshop was attended by members of the Palestinian Legislative Council, experts, CSOs’ representatives, and members of the press.

 During this workshop, Dr. Azmi Shuaibi warned that the absence of a clear and balanced separation between the branches of the government, the lack of an effective monitoring system among them, and the empowerment of one branch over the other helps to constitute a suitable environment for corruption.

 He reiterated that a clear and balanced separation in the branches of the government and the presence of an effective monitoring system are prerequisites for reform. He noted here that AMAN had worked hard on producing numerous analytical reports and legal studies towards this end.

 He clarified that the absence of a law that specifies the mandates of each the president’s office and the cabinet had complicated the Palestinian political system making it clear that such a law should exist.

 He also emphasized the three elements necessary in minimizing corruption in the public sector institutions; the integrity of the employees and the institution they work at, the transparency of procedures followed at institutions, and the existence of an accountability system to which an institution is subjected.

 Mr. Jihad Harb, one of the researchers contracted by AMAN to produce the report noted that the legislative amendment of the Basic Law in 2003 which issued the establishment of the Prime Minister’s Office and the transfer of most of the executive powers to it, had marked an important step towards the separation between the branches of government in the Palestinian political system. According to this law the Prime Minister is held accountable to the Palestinian Legislative Council PLC. Unfortunately, neither the President nor his office is held accountable to the PLC.  This enabled a number of corrupted public sector employees to seek refuge from prosecution in the haven provided by the President’s Office. 

HE added that despite this amendment, the President’s Office continues to extensively monopolize full mandate of the security system.

 Mr. Harb shed light on the basic issue presented in the report; mainly, the absence of a clear and balanced separation between the branches of government. There is no clear separation in the powers mandated to the President and the Prime Minister. There is no clear phrase in the law that holds the President accountable to the PLC. The President’s ability to assign judges in the judiciary system had contributed to cronyism and weakened the independency of the judicial system in monitoring the executive system.

 Dr. Salam Fayad, previous Minister of Finance and member of the Third Way Party in the PLC, demanded a change in the nature of the political system as the basis for revising the mandates assigned to each branch. He also asserted that each branch should be accountable, transparent, and integrate in fulfilling its mission. 

Dr. Ayman Daraghmah, member of the Reform and Change List in the PLC, thanked AMAN for its role in combating corruption in the Palestinian society. He stressed the importance of making the judicial system more accountable, particularly the work of the Attorney General’s Office in which corruption cases are not dealt with in an efficient manner. He also noted that AMAN will be producing two additional reports that deal with the mandates and accountability of the legislative and judicial systems.

 Due to the importance of building an accountable and transparent Palestinian political system, the participants recommended the organization of a working day in which all three reports are discussed comprehensively.