The Palestinian Legislative Council
A comprehensive academic guide to the unicameral legislature of the Palestinian Authority, exploring its foundational principles, operational complexities, and historical trajectory.
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Overview
Legislative Mandate
The Palestinian Legislative Council (PLC) serves as the unicameral legislative body of the Palestinian National Authority. Its members are elected by Palestinian residents within the West Bank and Gaza Strip. The current composition includes 132 members, representing 16 distinct electoral districts across the Palestinian Authority's jurisdiction. A two-thirds quorum is constitutionally mandated for its proceedings. Since the 2006 elections, Hamas and its affiliated members have constituted a significant majority, holding 74 of these 132 seats.
Operational Status
Despite its foundational role, the PLC's full activities have been largely suspended since 2007. Nevertheless, various PLC committees continue to operate, albeit at a reduced capacity, and parliamentary panel discussions are still convened. The inaugural session of the first PLC took place on March 7, 1996, marking its official commencement.
Jurisdictional Limits
The powers and responsibilities of the PLC are explicitly defined and constrained by the Oslo II Accord. These limitations primarily confine its authority to civil matters and internal security within Area A of the West Bank and Gaza. In Area B, its jurisdiction is further restricted to civil affairs, with security responsibilities remaining under the control of the Israel Defense Forces. Area C falls entirely under Israeli control, precluding PLC authority. Notably, the PLC is not empowered to engage in negotiations with Israel. Furthermore, the Basic Law does not stipulate that ministers must also be members of the PLC.
Historical Trajectory
Genesis and Early Years (1996-2006)
The PLC was established as a direct outcome of the Oslo Accords, with its structure and functions meticulously detailed in the Oslo II Accord. The first Palestinian legislative election, held on January 20, 1996, utilized a simple majority system. This election saw a boycott by Hamas, leading to Fatah securing 62 of the 88 available seats. The Council was initially conceived to supersede the temporary Palestinian Authority, which was then under the control of Yasser Arafat and Fatah. However, Arafat never formally transferred his powers to the newly formed PLC. Following Mahmoud Abbas's resignation as Prime Minister in September 2003, Ahmed Qurei, then Speaker of the PLC, assumed the role of acting Prime Minister until January 2006.
Evolution and the 2006 Election
Significant amendments to the Basic Law in 2003 mandated PLC approval for any new government formation. In June 2005, the number of PLC members was expanded from 88 to 132. This revised electoral framework introduced a parallel voting system, with half of the seats allocated via proportional representation and the other half through plurality-at-large voting in traditional constituencies. Further amendments in August 2005 established four-year terms for both the President and the PLC, commencing from their respective election dates. The second Palestinian legislative election on January 25, 2006, marked a pivotal moment, resulting in a decisive victory for Hamas. The second PLC was sworn in on February 18, 2006, and a Hamas-led government was subsequently formed and sworn in on March 29, 2006.
Post-2007 Stasis and Postponed Elections
The period following the 2006 election was fraught with political tension. The European Union provided election observers to ensure the integrity of the process, while the United States reportedly allocated funds to support the elections, ostensibly to bolster President Abbas and the Fatah party. However, the Hamas takeover of the Gaza Strip in June 2007 led to a profound schism. Gaza-based Hamas PLC members began meeting separately, effectively preventing the full PLC from achieving a quorum. Consequently, the PLC has not formally convened since, awaiting a reconciliation between Fatah and Hamas. In the absence of a functioning legislature, laws have been enacted through presidential decrees, a practice whose legality has been contested, particularly by Hamas. President Abbas declared a state of emergency, suspending articles of the Amended Basic Law that required PLC approval for new governments. Elections for the third PLC, initially scheduled for May 22, 2021, were indefinitely postponed on April 29, 2021, perpetuating the legislative vacuum.
Operational Malfunctions
Restricted Movement
From its inception, the PLC has faced significant impediments to its proper functioning. A primary challenge has been the curtailment of freedom of movement for its members. Human rights organizations, such as PCHR, have documented instances where PLC members were subjected to Israeli restrictions, requiring permits for travel that were often valid for short durations or outright denied. This severely hampered their ability to attend sessions and fulfill their legislative duties. The European Parliament, in a 2001 resolution, explicitly noted that the PLC was "more often than not hindered from attending the sessions."
External Isolation
The PLC has also experienced isolation from the international community, with Israel reportedly preventing official contacts with external entities. This has included denying visits by members of the European Parliament to Gaza, further limiting the PLC's ability to engage with international partners and fulfill its representative functions on a global stage.
External Interference
Another critical factor contributing to the PLC's malfunction has been external interference with its composition. Politicians deemed undesirable by Israel have reportedly been prevented from political activities through arrests, lengthy administrative detentions without charge or trial, or even targeted killings. Following the 2006 elections, a substantial number of Hamas PLC members and ministers were detained by Israel. Such actions, particularly the selective detention or elimination of Hamas members, have significantly altered the political landscape and the effective composition of the PLC.
Internal Divisions
The internal political landscape has also contributed to the PLC's dysfunction. The FatahโHamas conflict in Gaza in 2007 resulted in a profound split within the Palestinian government, leading to the physical separation of the legislative body. Since this separation, the Palestinian Legislative Council has not convened as a unified entity. This internal division, coupled with differing Palestinian views regarding the validity and implementation of the Oslo Accords and the Roadmap for Peace, has further weakened the PLC's position and operational capacity.
Inter-Organizational Relations
PLC vs. PNC
It is crucial to distinguish between the Palestinian Legislative Council (PLC) and the Palestinian National Council (PNC). While the PLC is elected by residents of the Palestinian territories, it does not serve as the parliament of the State of Palestine. Instead, the Palestinian Authority (PA), which the PLC represents, functions as the self-government for the inhabitants of these territories. In contrast, the Palestine Liberation Organization (PLO) is internationally recognized by the United Nations as the Government of the State of Palestine. The PLO maintains its own parliamentary body, the PNC, whose members are formally chosen by the broader Palestinian populace, both within and outside the Palestinian territories. Consequently, the PLO Executive Committee, elected by the PNC, is considered the official government of the State of Palestine on behalf of the PLO.
Electoral Overlap
Historically, there has been an intricate relationship regarding membership. The PA's "1995 Elections Law No. 13" stipulated that all 132 PLC members would automatically become members of the PNC. However, this provision was revoked by the "2005 Elections Law No. 9," which made no mention of PNC membership for PLC members. This was later reinstated by the "2007 Elections Law No. 2," issued by presidential decree from President Abbas. The legal validity of this PA legislation is questioned in PLO documents, as it was not enacted by the PLO or the PNC. These documents highlight that the PLC primarily represents the Palestinian population of the Occupied Territory, rather than reflecting the political will of the entire Palestinian people.
Blurred Lines of Authority
The distinction between the functions of the PLO and the PA has become increasingly blurred, particularly given Mahmoud Abbas's dual role as chairman of the Fatah-dominated PLO and Fatah itself, as well as the disputed president of the Palestinian Authority (which also claims to be the State of Palestine). With both the PLC and PNC being largely defunct in their formal capacities, their legislative functions are currently performed by the PLO Central Council, further consolidating power and decision-making in a single body.
Physical Infrastructure
Locations
The Palestinian Legislative Council has maintained several physical locations to conduct its operations. In the West Bank, as of April 2002, the PLC utilized two primary buildings: one in Ramallah, which housed the Assembly Chambers within the Ministry of Education, and a main administrative office situated in al-Bireh, adjacent to Ramallah. In the Gaza Strip, the PLC's headquarters was located in Rimal, Gaza City.
Unfinished Projects
A notable project was the commencement of a dedicated Parliament Building in Abu Dis, adjacent to East Jerusalem, in 2000. This location was chosen due to its proximity to most of the Palestinian Authority's offices responsible for Jerusalem affairs. However, this ambitious project was never brought to completion, leaving the PLC without a purpose-built, central parliamentary facility.
Impact of Conflict
The PLC's buildings have unfortunately been recurrent targets during periods of conflict. In 2002, the West Bank headquarters suffered extensive damage, with equipment being destroyed. The Gaza headquarters faced a similar fate in January 2009, when it was bombed during "Operation Cast Lead." This attack was subsequently condemned by the UN Goldstone Mission, which characterized it as a "grave breach of extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly." The Gaza building was ultimately destroyed in September 2009, underscoring the severe challenges faced by the institution.
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This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.
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