AMAN Position Paper:
The Constitutional Declaration Regarding the Deputy Chair of the PLO Executive Committee / Deputy President of the State of Palestine Assuming the Duties of the President of the Palestinian National Authority in the Event of a Vacancy
His Excellency President Mahmoud Abbas yesterday issued a constitutional declaration stipulating that the Deputy Chair of the Executive Committee of the Palestine Liberation Organization, who also serves as the Vice President of the State of Palestine, given the absence of the Legislative Council, shall assume the duties of the President of the Palestinian National Authority in the event that the office of the President becomes vacant.
The declaration provides that the acting president’s mandate shall continue for a period of ninety days, during which free and direct elections shall be held to elect a new president in accordance with the Palestinian Election Law. In the event that such elections cannot be held within that period due to force majeure, the term may be extended once only by a decision of the Palestinian Central Council.
The new constitutional declaration also stipulates the annulment of Constitutional Declaration No. (1) of 2024, which had previously assigned the duties of the President of the Palestinian National Authority to the Speaker of the Palestinian National Council in the event of a vacancy in the office.
The Amended Basic Law of 2003 clearly defined the structure of the Palestinian political system, outlining the role of the President of the Palestinian National Authority, the process of his selection, and his specific and limited powers. It also detailed the procedure for filling a presidential vacancy in the event of absence or death of the incumbent president, specifying who shall temporarily assume the office.
This is stated in Paragraph 2 of Article 37, which provides: “If the office of the President of the Palestinian National Authority becomes vacant in any of the aforementioned cases, the Speaker of the Palestinian Legislative Council shall temporarily assume the duties of the President of the National Authority 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 Election Law.”
Although the Coalition for Integrity and Accountability (AMAN) recognizes the seriousness of a vacant presidential office, President Abbas’s recourse to a “constitutional declaration” is not the proper solution. Rather, it represents a direct contradiction and violation of the principles and provisions of both the Declaration of Independence and the Palestinian Basic Law, which serves as the constitutional document within the legal framework of the Palestinian National Authority. The provisions of these two documents are binding on all authorities and institutions, and no constitutional declaration or law decree may override or contradict them without a legitimate constitutional amendment.
Furthermore, the said declaration also contradicts the Basic Law of the Palestine Liberation Organization, constituting an act of unilateral decision-making in appointing senior positions and a disregard for the principle of the rule of law. Typically, constitutional declarations are issued in states undergoing transitional phases, as in the aftermath of revolutions or major political transformations, to fill a constitutional void in governance until a permanent constitution is enacted. In such contexts, the declaration serves as a temporary document outlining the fundamental principles for organizing authorities and allocating powers in the absence of a permanent constitution.
It can be argued that the President’s declaration, which assigns the duties of the President of the Authority to the Vice President in the event of a vacancy, denotes a form of “succession of power.” This refers to the transfer of political authority from the ruling individual to a chosen successor, determined personally by the President rather than by legislation that governs the peaceful transfer of power. Such a method of succession and its underlying principle are typical in systems of governance that do not rely on democratic processes to fill senior positions, whether by election or appointment. This practice is particularly common in dynastic monarchies, where authority is naturally inherited within the ruling family.
The recently issued constitutional declaration directly undermines the integrity of governance, as it creates an environment that fosters political corruption by eliminating one of the fundamental pillars of good and democratic governance, depriving the people of their right to choose their representatives. Moreover, the declaration establishes conditions that serve personal interests rather than the public good.
The Coalition for Integrity and Accountability (AMAN) notes that since the political split in 2007 and the suspension of democratic mechanisms for the peaceful transfer of power, the processes for attaining authority have consistently violated the principles of democracy and the values of integrity in governance. This is especially apparent in the processes for attaining power, whether by election or appointment, resulting in the concentration of authority and a weakening of the integrity of governance.
It has also enabled the continuation of practices that violate the rule of law within both the Palestinian National Authority and the Palestine Liberation Organization, and also violates the principle of separation of powers as enshrined in the Basic Law and the Declaration of Independence.
The Coalition for Integrity and Accountability (AMAN), in line with its responsibility to promote governance integrity and combat political corruption, calls for the annulment of the constitutional declaration and the holding of general presidential and legislative elections in both the West Bank and Gaza at the earliest opportunity.
The constitutional priority in the event of a vacancy in the office of the President of the Palestinian National Authority does not lie in issuing a constitutional declaration that overrides the provisions of the Basic Law, but rather in restoring legitimacy by promptly holding elections. Accordingly, the proper constitutional solution lies in the peaceful transfer of power in accordance with the law, strengthening the principle of the rule of law, and restoring public trust in governance institutions.
