Today, Monday 25 January 2010, marks the end of the mandate of the elected Palestinian Presidency and Legislative Council (PLC).
The Palestinian Authority President, Mr.
Mahmoud Abbas, was elected for a four-year term in January 2005, and the PLC was elected for a four-year term in January 2006.
The Palestinian Elections Law states that presidential and PLC elections must take place simultaneously; therefore, President Abbas continued in office for another year.
According to the Palestinian law that governs the Palestinian Authority, the presidential and PLC terms ended yesterday and therefore the Palestinian elected political institutions lost their legitimacy and constitutionality.
Al Mezan Centre for Human Rights warns about the implications on the rule of law and human rights of this vacuum, and calls for conducting Palestinian elections under national unity without delay.
  Al Mezan Centre expresses its deep regret about the failure of conducting the Palestinian general elections.
Elections represent an essential tool to fill the constitutional gap and foster democratic life for Palestinians.
It renews the legitimacy and legality of the Palestinian political institutions; either the presidential or the legislative, and provides a strong stable, legal foundation for the political system.
  Under the current lack of Palestinian national unity around the conducting elections, or an agreement on delaying them to a specific date, the rule of law remains under a grave risk.
Palestinian political parties must act promptly to restore the legitimacy of the Palestinian political system.
This is only attainable through reinstating national unity and agreement, not division and fragmentation.
  Al Mezan asserts that the periodicity of elections is a very important standard of free and fair elections in democratic societies.
It is a human right requirement as well as a constitutional requirement.
Free participation by people in free elections is a right that is safeguarded by both the Palestinian Basic Law and international human rights standards.
Elections bear greater importance as a means of free expression and self-determination.
It gives people the opportunity to political participation and having a say in public administration in society, as stipulated by the Universal Declaration of Human Rights and the amended Palestinian Basic Law of 2003.
  The periodicity of elections is one of the main foundations of democratic rule, in which peaceful transfer of power is ensured and public accountability is possible.
  Al Mezan realizes that the failure to conduct elections is not novelty in the Palestinian Authority; however, it impacts the human rights situation in two main ways: First, with relation to the Palestinian people’s fundamental right to self-determination and statehood, which have become even more distant due to the Palestinian internal split.
It weakens the Palestinian  strive to achieve this right and foils the efforts for them to gain international support for their just cause at the legal and diplomatic levels; especially after the last Israeli aggression against the Gaza Strip in the last winter.
    Second, with relation to the human rights and public freedoms situation in Palestinian society, the continued failure to hold elections under reconciliation has evidently increased the deterioration of the human rights situation due to the repression of political opponents.
Al Mezan hence expects more politically motivated arrests, violation of the rights of persons deprived from liberty, and more violation of basic human and civil rights, such as the right to peaceful assembly, to form societies and association, and the right to free opinion and expression.
This will only exacerbate an already deteriorated situation that disrespects the rule of law; an essential safeguard to ensure respect and protection of human rights.
    Al Mezan calls upon Palestinian political parties and factions; especially Hamas and Fatah, to show due respect to the confidence given to them by the Palestinian people by acting promptly to bring to a swift end the current internal division and to reach an agreement on holding democratic elections.
Al Mezan also calls on Palestinian civil society to intensify their efforts towards providing positive contributions to end the internal division and achieve national reconciliation; especially under the harmful impacts the current situation inflicts upon the Palestinian people’s just cause, engendered in the legitimate, indispensible claims to self-determination and a life with dignity and the human rights.
Ends