PALESTINIAN CENTRE FOR HUMAN RIGHTS

PRESS RELEASE

 Ref: 152/2003

Date: 08 November 2003

PCHR criticizes the decision to extend the term of the emergency cabinet

PCHR calls upon the Palestinian National Authority (PNA) to form a new cabinet in accordance with the provisions of the Basic Law. PCHR believes that the current cabinet, which has not been approved by the Palestinian Legislative Council (PLC), is in violation of the Basic Law. 

 This current crisis began on 6 September 2003, when former Palestinian Prime Minister Mahmoud Abbas resigned from his post and Ahmed Qurai was nominated by President Yasser Arafat to form a new cabinet. However, Qurai was unsuccessful in his efforts to form a cabinet during the required time frame of 3 weeks, renewable for a further 2 weeks, in accordance with article 65 of the Palestinian Basic Law. According to article 65, the appointed prime minister must be substituted by another candidate, in the event that he fails to form a cabinet during the stated time period, or following the failure to obtain a vote of confidence from the PLC.

 On 5 October 2003, the Palestinian President issued a decree declaring a “state of emergency” for a period of no more than 30 days, initiating the formation of “an emergency cabinet” to be headed by Ahmed Qurai. This decision was criticized by PCHR on the grounds that there is no legal basis for the establishment of an “emergency cabinet” (see www.pchrgaza.org: “An Advisory Opinion on the Presidential Decree to “Declare a State of Emergency and to Form an Emergency Cabinet””). PCHR stressed that the “state of emergency” cannot obstruct the work of the PLC and that the formation of the new cabinet must be ratified by the PLC. Under Palestinian law, until such time as a new cabinet is formed, the outgoing cabinet should act as a caretaker government. However, the new prime minister and his cabinet illegally assumed their responsibilities, without obtaining a vote of confidence from the PLC.

 The one month period of the “state of emergency” ended as of 4 November 2003, however so far efforts made by Ahmed Qurai to form a new cabinet have been unsuccessful. In contravention of the Basic Law, President Arafat requested that Qurai and his “emergency cabinet” continue in their positions as a “caretaker government,” until such time as a new government is formed.

 PCHR believes that the current cabinet violates the Basic Law, article 69, paragraph 4 of which, provides that “Any minister, including the Prime Minister, shall not assume the responsibilities of their post unless they obtain a vote of confidence from the Legislative Council.” PCHR believes that the decision to extend the term of the cabinet further undermines the Palestinian Legislative Council. PCHR calls upon the prime minister and his cabinet to stand down, until such time as a new government is formed and granted full parliamentary confidence, in accordance with the Basic Law.

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail:pchr@pchrgaza.org, Webpage http://www.pchrgaza.org