Controversy Surrounds Mahmoud Abbas’s Constitutional Declaration
Palestinian President Mahmoud Abbas's recent decree has ignited significant debate and concern regarding its legality and implications for the Palestinian political landscape. Issued on November 27, 2024, the decree states that if the presidency of the Palestinian Authority becomes vacant, the President of the Palestinian National Council, currently Rawhi Fattouh, will temporarily assume the presidency until new elections are held. This announcement has drawn criticism from various political analysts and legal experts who argue that it undermines the established constitutional framework of the Palestinian governance system.
The Palestinian Basic Law clearly outlines that the Speaker of the Palestinian Legislative Council should take over presidential duties in the event of a vacancy, a position that has been vacant since the Legislative Council was dissolved in 2018. Legal expert Bilal Barghouti emphasized that Abbas's declaration lacks a legal basis and contradicts the Basic Law, which stipulates that the president must be elected through direct elections by the Palestinian people. The last election was held in 2005, raising questions about Abbas's legitimacy and the democratic process in Palestinian governance.
Implications of Abbas's Decree
Political analyst Omar Assaf suggested that Abbas's decree may be a strategic move to avoid potential conflicts over succession, especially given the president's declining health and the internal divisions within the Fatah movement. He noted that the announcement could also be influenced by external pressures from the U.S., Israel, and Arab nations regarding governance in Gaza. Assaf criticized the decree as a continuation of the exclusion of the Palestinian populace from meaningful participation in their governance, reflecting a broader trend of consolidating power among a select few.
The decree has raised alarms about the potential for further erosion of democratic norms within the Palestinian political system. Critics argue that it represents a significant deviation from constitutional principles, effectively sidelining the electorate's role in choosing their leaders. The legal ramifications of this declaration could lead to increased instability and further complicate the already fraught political environment in Palestine.
