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The “Constitutional” Court in the face of the “constitution”!
By: Mohammad Al-Sahli
November 18, 2016
The denouncing of the «constitutional» decision comes from the consideration of all that it creates unwarranted confusion in the Palestinian scene.

The Supreme Constitutional Court has decided to give Abbas the power to lift the immunity of the members in the «legislative» Council.

While some observers considered, this step as an attempt to enable the President Abbas of his opponents in «Fatah», the most of Palestinian forces, factions and personalities considered the court's decision as an attempt to involve the judiciary in the internal Palestinian conflict whether at the level of the Fatah movement or in the general national framework.

Even before the decision, the formation of the court itself is controversial as it was an unilateral decision, in light of the worsening Palestinian crises on many levels, to be its the recent decision of the constitutional court came to highlights once again on the mechanisms of decision-making in the general Palestinian affair, and on the attempts to push the national institutions and gathering in side battles away from the function which they were formed for.

A new episode of pouring oil on the fire of the Palestinian crisis, in the absence of the political and social dialogue and ignoring the principle of national partnership, on the contrary, of what is imposed by the nature of the Palestinian national liberation struggle.

Needless to say, what happens in the Fatah movement has repercussions on the Palestinian situation in general. There is a lot of talking about the need to resolve the conflicts within the movement in accordance with mechanisms that consider the internal dialogue as a way to unify the potentials and pushing them in the battle against the occupation.

Also, needless to say, that the adoption of the internal dialogue reflects itself on the national relations, and opens the way for the solution of the incurable Palestinian crises. In contrast, the atmosphere of tension and complicating of the crises will be the prevailing scene in the Palestinian political life.

If the Legislative Council was completely absent since the split, then this is a part of the expressions of the Palestinian political system crisis and ignoring this fact by taking decisions which don’t serve this crisis will only increase its complication. The problem in the legislative committees are not their members immunity from accountability, but in the presence of these committees and their assumed role.

Therefore, what was understood from the «constitutional» decision was a clear pushing for the judiciary in a battle in which the judiciary will be affected before anyone else. It was also understood that it is an expression of the predominance of the executive authority in shaping the role of the other authorities in a way that serves its authoritarian and considerations and tendencies.

The denunciators for the Constitutional Court decision, were also from the Fatah movement and members from its parliamentary bloc in the Legislative Council, and from most of the Palestinian forces, factions and personalities. This indicates that the denunciation of the decision comes from the consideration of everybody that it creates unwarranted confusion in the Palestinian scene.

Many human rights activists and lawyers talked about the violation of the «constitutional» court’s decision to the basic law of the PA and the rules of procedure of the Legislative Council.

And they expanded at explaining the violation with linked clearly texts defined the function of the authorities, its power and their mechanisms. But the issue does not stop at this point. The adoption of mentioned – decision was not from the ignorance of these texts, and those who they have taken it, were at the forefront of those who contributed to the drafting of the Basic Law of PA and its modifications.

For this reason, and with the emphasis on the importance of the constitutional side, taking the decision comes in accordance with an approach that depends in solving disputes on exercising pressure on who contradicts with it in opinion, in politics and others. This move away from research in common, is what led to the accumulation of the Palestinian crisis and reaching to the occurrence of several explosions, that the division was one of its disastrous expressions.

Many stressed that any significant steps would be taken in light of the division which do not push for ending it, are steps to move the Palestinian case to the back and to increase its confusions and weaknesses.

The Palestinian case has witnessed recently, social and sectorial movements raised several worthy demands, also it has witnessed disputes on the drafting of various laws, including the Social Security Law, and in all these cases the societal and political dialogue is not existed, and the improper intervention of the security services of PA, confused the atmospheres and block access to solutions agreed by all.

About the local elections, which were postponed, the government did not act to open a political and social dialogue in order to remove the obstacles that led to the failure of holding them on time, and in the absence of such a dialogue, no new indicators on the possibility of holding them at the delayed date.

In light of the political paralysis on the settlement, and not out of the bet circle on the negotiation as the only way to accomplish rights, these wrong actions and decisions constitute cornerstone of disabling the possibility of advancement of the Palestinian national work and moving the Palestinian situation from hesitation and weakness toward the possession of the lead. On this, the calls escalate to undo those decisions and to open to the Palestinian political situation component, according to an agenda that puts on the top of its functions the implementation of the comprehensive national dialogues decisions to end the division, along with the implementation of the Palestinian Central Council resolutions by the re-consideration of the national partnership and uniting the efforts in fighting the occupation. This needs to the availability of the political will for all components of the Palestinian situation inside and outside the PLO.

Perhaps it is useful to say, that the tension method and fabricating crises do not serve even who adopted in the salvation of self-concerns and virtual threats, because in each stage, with the adoption of this method, the tension will becomes the dominant approach toward the national parties, and therefore any attempts to restore the unity will fail, including the return to the comprehensive national dialogue and the implementation of its decisions.

All this happens , at a time when the Netanyahu government continues the policy of the confiscation of the Palestinian territories , the deployment of the settlements and the escalation of the Judaization campaigns, in the light of its consideration that the prohibition of its accountability will be by the freezing of the Palestinian endeavor towards the United Nations and the non-activation of the Palestine membership in the United Nations organizations, particularly the International Criminal Court.

Therefore, the focus is on the solution of the Palestinian crisis necessarily passes through the unification of the national program and the endorsement of its liberal headlines and this in itself puts the common national denominators in the foreground.

In our opinion, probably we cannot solve the crises in any Palestinian faction in isolation from the general Palestinian crises and putting them on the road of solution. More importantly, in all of this to consider these crises as a gateway for mixing between the factional affair and public national affair. The national institutions have its role and function and they are not a field to involve them in the midst of the conflict over the internal crisis of any political force... because the result will be against the supreme of national interest.
Mohammad Al-Sahli is editor in Chief of Al-Hourriah newspaper, the official speaker of the Democratic Front for the Liberation of Palestine.
Translated by Alhourriah English staff

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