Ma'an News Agency (Palestine) : "Arab Democracy Center calls Egyptian plan "unconstitutional""

Arab Democracy Center calls Egyptian plan "unconstitutional"

Published yesterday (updated) 12/09/2009 17:01

[MaanImages]

Ramallah – Ma’an – The Arab World Democracy and Electoral Monitoring Center (Al-Marsad) demanded Palestinian President Mahmoud Abbas to issue a presidential decree setting a date for legislative and presidential elections before 25 January 2010.

Without sufficient notice, the center said, the central elections committee will be able to update the electoral records and prepare the elections equipment which has not been updated in more than three years.

When the decree is issued candidates will be able to prepare themselves for active participation in the elections and civil society organizations working in the field of electoral education will be able to increase the participation of citizens, a report from the society said. Without sufficient notice, the report added, the elections committees will not have enough time for preparations ensuring the process is fair and legitimate.

When such an event has the potential to restore unity among the Palestinians and renew representative legitimacy, it added, it must be taken seriously.

Commenting on one of the sticking points of Hamas-Fatah unity talks, the center advocated holding the elections on full proportionate representation, saying it would “guarantee the participation and representation of all social categories, factions and political parties of the Palestinian society.” Fatah currently advocates a 25/75 split on proportional/constituent representation, where Hamas is asking for a 50/50 split.

The center urged Abbas to issue the decree, published in national papers, before 15 September, World Democracy Day. The Al-Marsad report comes following the release of an Egyptian proposal for Fatah-Hamas conciliation, part of which suggests taking the rush off elections preparations, and schedules votes for the “first half of 2010.”

In its report Al-Maradad said it considered the Egyptian proposal a constitutional violation, citing the Palestinian Basic Law’s Article 47 Paragraph 3, which outlines the term for the Palestinian Legislative Council as four years.

The report reminded factions that the 2005 elections law article (9) stated that no President could be elected for more than two consecutive terms, and the general elections law and set down the date for simultaneous presidential and legislative elections 25 January 2010.

Justifying its proposal the report reasoned that there are only three options for regaining the legitimacy of the Palestinian leadership, the first being the submission of a presidential decree on October 25 for elections on 25 January.

The second option would involve the issuing of a decree calling together the PLC to session, and the PLC would elect a new president.

Limitations to the second option, the report said, were that in order for the PLC decisions to be binding, a two thirds majority is necessary. The decision of the PLC would then have to be published in the national papers. A third option would involve the LC changing elections law, which would again require a two-thirds majority.

With dozens of PLC members in Israeli prisons and more sitting in Gaza, where the PLC headquarters is, convening a two thirds majority and having them reach a consensus would be nearly impossible.

Thus, the center said, Abbas must issue a decree calling new elections before 25 October.

http://www.maannews.net/eng/ViewDetails.aspx?ID=225267



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