Jun 26 2007
“Demonstration” Government in Palestine
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“Hamas prime minister, Ismail Haniyeh, has no intention of stepping down and responded at length live on Al-Jazeera rejecting Abbas’ “hasty” moves saying 96% of Palestinians support a unity government as the best chance for peace and security. He affirmed his democratically elected government would continue functioning and maintain law and order.”
By Stephen Lendman
6/26/07
In 1984 (a year of Orwellian significance), activist and media and social critic Edward Herman wrote one of his many important books titled “Demonstration Elections.” In it, he analyzed the US-staged elections in the 1960s in the
This writer calls this ugly business “democracy-engineering, American-style” backed by force to win approval of a rigged process people would never accept another way. Noam Chomsky refers to the notion of “Keeping the Rabble in Line,” the title of one of his many books. It can be through soft or hard methods to assure the public goes along with what governments want imposed.
Herman’s main theme was that “elections held under conditions of military occupation and extensive pre-election ‘pacification’ ” aren’t free at all but aim to get an occupying force’s puppet choice accepted by the people it’s installed to rule with influence wielded more by bullets than ballots to create “stability.” Herman defines that term, too, as “a political arrangement free of open warfare and satisfactory to our interests.” By that he means the “rabble” is cowed, induced or pummeled into submission.
Enter the dominant media stepping up to support the effort as lead cheerleader for a process hard to sell without heavy lifting convincing that what government is doing is for the common good. Never mind it isn’t and that destroying democracy and the will of the people to resist are the real aims. Herman’s theme works the same way today, and it’s in play now in occupied
Imperial powers never accept defeat and attempted to subvert and crush the democratically elected Hamas government ever since because it’s too democratic and refuses to be
Imposed Illegitimate “Demonstration” Government in
The beleaguered Palestinians are one of the world’s most victimized peoples of justice delayed because it’s been so long denied them. Long under the Ottomans, they then had to endure imperial British mandate rule after WW I until it ended in May, 1948. Ever since, they’ve suffered intolerable hardships under brutal Israeli oppression and illegal occupation with little outside support to end it.
The Palestinian Liberation Organization (PLO) was founded in 1964 as a result and Yasser Arafat became its leader in 1969 to try. At first, it was militantly, then later through negotiation and international consensus. Nothing worked because a hard line Israeli -
By January 25, 2006, Palestinians had enough of Fatah’s institutionalized corruption and willingness to be
Palestinians endured a life and death survival struggle before the election and especially ever since, and they’ve been on their own doing it. After Hamas’ election victory, all desperately needed outside aid was cut off, and they’ve been mercilessly persecuted under repressive Israeli rule. They’ve also been attacked viciously and relentlessly by the world’s fourth most powerful military (IDF forces and enlisted Fatah-led paramilitary death squads) with only light and crude weapons and their spirit to endure and fight back.
Hamas - From Its Charter and How It Governs
Hamas in Arabic means courage and bravery. It’s also an abbreviation of the Arabic words meaning Islamic Resistance Movement. It was formed in 1987 during the first Intifada and early on was supported by
It also has the Izz Al-Din Al-Qassam Brigades, an elite military wing, headed by Abu Abieda and other forces it needs for self-defense and law enforcement. Included among them is the “special operational force” known as the Executive Force (Tanfithya) used on the streets for policing and security.
Hamas is a heterogeneous democratic Islamic Resistance Movement allied with all resistance fighters for the purpose of liberating
In its founding charter, it states it “draws its guidelines from Islam; derives from it its thinking, interpretations and views about existence, life and humanity; refers back to it for its conduct….adopts Islam as its way of life….Its ultimate goal is Islam, the Prophet its model, the Qur’an its Constitution….In the absence of Islam, conflict arises, oppression reigns, corruption is rampant and struggles and wars prevail….(The Movement) will do its utmost to….support….the weak, (and defend) all the oppressed.
(It) regards Nationalism (Wataniyya) as part….of the religious faith.” Peace initiatives and international conferences are rejected if their intention is renunciation of Palestinian land. It rejects Zionist intentions to destroy Palestinian society, its values and “wipe out Islam.” It describes itself as “a humane movement, which cares for human rights and is committed to the tolerance inherent in Islam as regards attitudes towards other religions. It is only hostile to those who are hostile towards it….(Under Islam) it is possible for the members of the three religions: Islam, Christianity and Judaism to coexist in safety and security” as long as other religions “desist from struggling against Islam over sovereignty in this region.”
It believes “World Zionism and Imperial forces have been attempting….to push the Arab countries” to end conflict with Zionism “to isolate the Palestinian people.” It states its members don’t seek “fame….nor material gains, or social status….It will never set out against any Muslims….or non-Muslims who make peace with it.” Overall, Hamas has moderate political and religious views in contrast to militant hard line ones by ruling Israeli governments and the current one in Washington and other past ones.
It wants peace, equity and justice for all Palestinians while
Hamas has always called for peace with
A New Stage of Occupation for Palestinians
The document also called for Mahmoud Abbas to reject
This all played out violently on
It’s illegally headed by newly appointed prime minister Salam Fayyad whose electoral list posted a 2.4% showing in the January, 2006 PLC elections Hamas won overwhelmingly. Fayyad’s a pro-Western former IMF and World Bank official chosen by
Abbas, Fayyad and others in the “emergency” government are shamelessly partnered with
Plans to weaken and oust Hamas have been in place for months with
Money and weapons will continue flowing into the West Bank, and from what Hamas already seized in a
In total, it appears enough to equip a small army of fighters and may be worth as much as $400 million. It’s sure to be replaced so Fatah traitors are heavily armed to continue fighting
Hamas prime minister, Ismail Haniyeh, has no intention of stepping down and responded at length live on Al-Jazeera rejecting Abbas’ “hasty” moves saying 96% of Palestinians support a unity government as the best chance for peace and security. He affirmed his democratically elected government would continue functioning and maintain law and order. He also called for an end to conflict and a general amnesty. He stressed his fight is not with Fatah, but only with rogue traitorous elements in it like the dominant one headed by warlord Dahlan firmly doing
He explained Hamas’ takeover was no coup and only a last resort attempt to end lawlessness, conflict and a Dahlan-led conspiracy against all Palestinians. He spoke of conciliation, unity, and conflict resolution to heal divisions in contrast to Abbas’ traitorous behavior as
At this stage, Hamas’ task is daunting as Haaretz reports. Israeli Labor Party Chairman, former prime minister, and new Olmert government defense minister Ehud Barak, plans to launch a large-scale military operation on
Israeli-Washington-Directed Fatah Declared Coup Illegal under Palestinian Law
Virginia Tilley is a South African-based political science professor. On June 18, her article appeared on The Electronic Intifada titled “Whose Coup, Exactly?” It documented in detail that according to the Basic Law of
– Under Article 45, the President can remove a Prime Minister but can only appoint a new one from the majority party - Hamas.
– Under Article 83, if the Prime Minister is removed, the serving (Hamas-led) Cabinet is to govern until the (Hamas-led) Palestinian Legislative Council (PLC) appoints a new one.
– Only the PLC has authority to confirm a new Prime Minister and Cabinet.
– Under Article 43, in emergencies, the President can rule by decree subject to all decrees approved by the PLC.
– Under Article 113, in emergencies, the President cannot suspend the PLC.
– The Basic Law gives the President no power to call for early elections.
– No provision in the Basic Law authorizes an “emergency government.”
Conclusion: Abbas’ actions constitute a lawless coup d’etat usurpation of power, or as Tilley puts it: “The (Fatah) Fayyad government is the step-child of an extra-legal process with no democratic mandate. The whole manoeuvre is not precisely a palace coup,” but enough like one, in fact, to be one. She also notes “the diplomatic landscape is now in utter disarray” with the extra-legal Fayyad government only a “facsimile” of the real thing.
So far, its illegitimate creation hardly seems to matter to
From
He condemned US, EU and Israeli efforts to undermine Hamas as “criminal.” He continued saying “The United States and
A Hopeful Look Ahead
Everything happening in the Middle East in
This figure came from a Library of Congress “briefing paper” titled “
Despite considerable effort and huge amounts of financial and other resources employed, US and Israeli imperial adventurism hasn’t fared too well giving reason to hope more of it will turn out as badly for both nations. Palestinians have endured everything
In just the last century, nations around the world struggled for the same rights and prevailed, though for many it took decades or longer and what was gained was far from perfect or even unacceptable too often like in South Africa. The end of apartheid there was replaced by neoliberal “Thatcherism” resulting in greater poverty and hardship for the poor majority than in the earlier era. However, progress usually comes slowly and rarely without setbacks or disappointments. The point is it can come when people seeking it never stop believing it will or working for it until it does. Palestinians have been doing it since 1948, and one day they’ll have what they and all others deserve everywhere, their own state in which to live free from foreign occupation secure at last on their own land.
An early hopeful sign was reported in Haaretz by correspondent Shlomo Shamir June 22. He noted in spite of US, British and French pressure (with new UN Secretary-General Ban Ki-moon’s shameless backing) for a Security Council declaration of confidence in the Abbas government, it was withdrawn before its drafting stage because of strong protests against it by Russia, South Africa, Indonesia and Qatar. These countries objected to anti-Hamas policies and attempts to characterize it as a terror organization and isolate it. In addition,
It’s a small, maybe temporary victory, but important one nonetheless. It shows mighty
Stephen Lendman lives in
Also visit his blog site at sjlendman.blogspot.com and listen to The Steve Lendman News and Information Hour on TheMicroEffect.com Saturdays at noon US central time.
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[…] THOMAS PAINE’S CORNER » “Demonstration” Government in Palestine […]
Virginia Tilley misreads the Amended Basic Law. “Abbas,” she claims, “has has baldly trashed numerous provisions of the Basic Law, including:”
Tilley: “The President can sack his Prime Minister (Article 45) but he cannot legally appoint a new Prime Minister that does not represent the majority party (i.e., Hamas).”
Not so. In its entirety, Article 45 reads:
“The President of the National Authority shall appoint the Prime Minister and authorize the latter to constitute his government. The President shall have the right to dismiss the Prime Minister or to accept his resignation and to request him to convene the Council of Ministers.”
Nothing in Article 45 limits who the President may appoint as a new Prime Minister. The only relevant provision I find in the Amended Basic Law is Article 79(4), which provides:
“Neither the Prime Minister nor any of the Ministers shall assume their duties until they have obtained the confidence of the Legislative Council.”
As we shall see below, however, when, as now, the Legislative Council is not in session, Article 43 gives “The President of the National Authority . . . the right . . . to issue decrees that have the power of law.” Abbas having lawfully dismissed Haniyeh, the Legislative Council not being in session, and a new Prime Minister being required, Article 43 suffices to empower President Abbas to rule by decree.
Tilley: “In the event that a President sacks the PM, the Government is considered to have resigned (Article 83), but the serving Cabinet (here, the Hamas-led Cabinet) is supposed to govern until a new Cabinet is confirmed by the Legislative Council (Article 78).”
Articles 83 and 78 of the Amended Basic Law say no such thing, however.
Article 83(6) is the provision regarding the dismissal of a prime minister.
“The government shall be considered dissolved and shall be reformed in accordance with the provisions of this title in the following cases: . . . 6. Upon the dismissal of the Prime Minister by the President of the National Authority.”
So, the effect of President Abbas’s dismissal of Haniyeh as prime minister is that the government is “considered dissolved.”
What about Article 78? Presumably, Tilley is thinking of Article 78(3), which provides:
“Upon the completion of the term of the Prime Minister and the government, they will temporarily exercise their powers in the capacity of a caretaker government, during which they may make decisions only insofar as they are necessary for the conduct of executive affairs until a new government is formed.”
You’ll notice that this provision applies only “upon the completion of the term of the Prime Minister.” In the present case, however, Haniyeh was sacked before the end of his term; he did not complete it.
It may be a defect of the Amended Basic Law, but although the terms of the President and the Legislative Council are specified — Presidency, Article 36, “interim phase”; Legislative Council, Article 47(3), “interim period” — no term is specified for the Prime Minister and other ministers. Inasmuch as Article 78(3) contemplates that the Prime Minister has a term, my best estimate is that it, too, is the interim period or phase, both of which presumably refer to the period between the signing of the Oslo Accord and a final status agreement. In all events, Haniyeh did not complete his term, hence Article 78(3) does not apply.
Tilley: “Only the Legislative Council can confirm the new PM and Cabinet and the new officials cannot take their oaths (Article 67) or assume their duties (Article 79) until this is done. We might now look for the Fayyad government to go to the Legislative Council for post hoc approval, but if the Legislative Council cannot vote for lack of a quorum — because too many of its members are in jail or refuse to participate — then the Cabinet cannot be legally confirmed. The Basic Law provides no remedy for conditions where the Legislative Council cannot vote to confirm the Cabinet or the actions of the President.”
The problem is that, on the one hand, as we have seen above, the Amended Basic Law manifestly gives the President the right to sack the Prime Minister. On the other hand, as Tilley observes, Article 79(4) provides that “Neither the Prime Minister nor any of the Ministers shall assume their duties until they have obtained the confidence of the Legislative Council.”
If the Legislative Council is not in session (and, as Tilley suggests, may not be able to meet), does that mean that the Palestinian National Authority is left without a government? No. A constitution is not a suicide pact. Accordingly, we have to consider the best solution permitted by the text to deal with emergencies of this type, that is, the Legislative Council not being in session.
The answer is found in Article 43, which authorizes the President to rule by decree:
“The President of the National Authority shall have the right, in cases of necessity that cannot be delayed, and when the Legislative Council is not in session, to issue decrees that have the power of law. These decrees shall be presented to the Legislative Council in the first session convened after their issuance; otherwise they will cease to have the power of law. If these decrees are presented to the Legislative Council, as mentioned above, but are not approved by the latter, then they shall cease to have the power of law.”
So, President Abbas does have the authority, by decree, to authorize a new Prime Minister and new Cabinet to take office and govern until such time as the Legislative Council is able to be convened. Rejecting this conclusion doesn’t really make any difference: the President still is empowered to govern by decree. There is no reason to doubt his authority, therefore, to decree that he will exercise his governing authority through subordinates to whom he assigns particular powers and responsibilities.
Tilley: “The President can rule by degree during emergencies (Article 43) but the Legislative Council must approve all these decrees at its first meeting.”
So what? We have been considering a situation like the current one when the Legislative Council is not in session and, according to Tilley, may not be able to meet. In the meantime, President Abbas’s actions are lawful.
Tilley: “The President cannot suspend the Legislative Council during a state of emergency (Article 113).”
True enough, but irrelevant because President Abbas has not suspended the Legislative Council. If it is unable to muster a quorum, the reason presumably is that Israel, largely in response to the abduction last summer of Corporal Shalit, has jailed a large number of its members.
Tilley: “The President has no power to call early elections, either.”
First, he has not (yet) done so. But second, bearing in mind the principle that a constitution is not a suicide pact, Tilley once again is mistaken. Whatever may be the case when the Legislative Council is in session or can be called into session, if Tilley is correct that that is not possible, then Article 43 applies and President Abbas is authorized, by decree, to issue a law for the holding of new elections.
Tilley: “The Basic Law has no provision whatsoever for an ‘emergency government.’”
True, but irrelevant. However it may be styled colloquially, the new Fayad government is not an “emergency government” in a constitutional sense. It is simply a new government, subject to the terms of the Amended Basic Law, albeit in office during an emergency situation.