Ramallah – The Coalition for Accountability and Integrity (AMAN) sent a letter to Rawhi Fattouh, chairman of the Palestinian National Council (PNC) of the Palestine Liberation Organization (PLO), expressing its position towards the appointment of a Deputy Chairman of PLO’s Executive Committee and Vice-President of the State of Palestine. In the letter, AMAN expressed its concern that since the political division began in 2007, the mechanism in which leaders come to power in Palestine violate the principles of democracy and values of integrity, particularly in access to power, whether through elections or appointments. This has led to concentration of power, weakened integrity in governance, and allowed continued disregard for the rule of law within both the Palestinian Authority (PA) and the PLO institutions.
AMAN pointed out that President Mahmoud Abbas currently holds three top leadership positions, each with a different legal frame of reference. He serves as the Chairman of the PLO Executive Committee, the President of the State of Palestine and the President of the Palestinian National Authority. The PLO’s Central Council elected him as President of the State of Palestine. He was selected as Chairman of the Executive Committee by its members, and elected as President of the Palestinian Authority under the Amended Basic Law of 2003.
In light of the recent appointment of a Deputy to the Chairman of PLO Executive Committee, who also holds the positions of President of the State of Palestine and President of the Palestinian Authority, AMAN considers that creating the position of Vice-President is not problematic. However, the decision must be taken in line with Palestinian legislations. AMAN emphasized that the decision was made in an express violation of the provisions of the Basic Law of the Palestinian Authority and the Basic Law of the PLO. It reflects a unilateral approach to appointing senior positions and a troubling ease in bypassing the principle of the rule of law.
The Amended Basic Law of 2003 clearly defines the structure of the Palestinian political system. It outlines the role of the President of the Palestinian National Authority, the process of their selection, their specific and limited powers, and the procedures to follow in the event of their absence or death, including who is authorized to act on their behalf.
Specifically, Paragraph 2 of Article 37 of the Law states: “If the position of the President of the Palestinian National Authority becomes vacant for any of the aforementioned reasons, the Speaker of the Palestinian Legislative Council shall temporarily assume the duties of the presidency for a period not exceeding sixty days, during which free and direct elections shall be held to elect a new president, in accordance with the Palestinian Elections Law”.
Moreover, the PLO internal regulations and bylaws establish specific mechanisms for selecting the Chairman of the Executive Committee. According to these rules, a Chairman elected by members of the Executive Committee does not have the authority to nominate a deputy for approval by the Council. Rather, the deputy must be elected directly by the Executive Committee itself.
The creation of the position of Vice President- along with all the procedures carried out in recent months to pave the way for such an appointment- lacks any legal or constitutional basis. It clearly violates the provisions of the Amended Basic Law and reflects a concerning ease with which the law is being bypassed in favor of centralization of power.
Furthermore, the direct appointment by the President to senior positions, in a manner that contravenes the procedures established by law for filling such positions in the three different entities, reflects an overreach of absolute power. It places the rule of law under the will of the presidency and undermines the fundamental principle that people are the source of powers, exercised through the legislative, executive, and judicial branches based on the principle of separation of powers. This fundamental principle is enshrined in both the Amended Basic Law and the Declaration of Independence.
Hence, AMAN believes it is necessary for the Palestinian National Council to convene and amend the decision to create the position, ensuring compliance with PLO Basic Law and to respond effectively to the serious challenges currently facing the Palestinian people.
