Annual Report - Palestinian Center for Human Rights

West Bank and the Gaza Strip are invited to participate in free and direct elections to
elect members of the Palestinian Legislative Council on Sunday, 17 July 2005.”
PCHR welcomed this step and considered it an important development in the
Palestinian democratic reform process, especially after the Presidential election of
January 2005, the first stage of local council elections and the scheduling of the
remaining stages of local council elections had taken place. However, the Centre did
become concerned about the feasibility of holding the PLC elections on the planned
date, in light of the PLC’s reluctance to pass the new general elections law just 3
months before the elections were due to be held. The passing of this law was a
precondition in order to allow the CEC to start preparations for the elections. 39
The proposed elections law contained significant changes and amendments to the
Palestinian elections system that had been operating under the General Elections Law
issued by a Presidential Decree back in December 1995 (before the inception of the
PLC in March 1996). At the forefront of these changes was the adoption of a mixed
system, where two-thirds of the PLC members would be elected by a majority [firstpast
the post] system and one-third by a proportional system.
At the time, PCHR considered the mixed system to be a positive change to the
Palestinian electoral system. The Centre considered the proposed system more
representative of Palestinian plurality. However, the Centre and other civil society
organizations requested additional amendments. They requested that at least half the
PLC members should be elected by the proportional system, in line with
understandings reached between the PNA and Palestinian parties in Cairo in March
2005.
On 3 June 2005, President Mahmoud Abbas issued a Presidential Decree canceling
the PLC elections on 17 July 2005 and giving provision for a new date for elections to
be set, once all legal preparations and all national consultations had been completed.
PCHR expressed concern at delaying the PLC elections without setting a new date
immediately. This concern was expressed, while also fully understanding that the
month and a half remaining before the scheduled election date would be reached, was
insufficient time to allow all preparations to be conducted, even if the elections law
was passed immediately. Although the delay was attributed to legal issues and to the
implementation of the Israeli disengagement plan from the Gaza Strip, the internal
problems within the ruling Fatah party also played an important role in this decision.
On 13 August 2005, Law #9 of 2005 relating to elections was passed. It was
published in the Palestinian Legal Journal on 18 August 2005. Article 3.1 of the new
law adopted the mixed system, with 50% of PLC members elected through a majority
system and the other 50% through a proportional system. Article 3.2 raised the
number of PLC members to 132. The 66 members elected through the majority
system were to be distributed over 16 electoral districts, each getting a quota in
accordance with its population, with a minimum of one seat. A Presidential Decree
reserved six seats for Christians. The other 66 members were to be elected through
proportional representation and considered the OPT as one electoral district.
39 For more information, refer to PCHR’s press release dated 10 April 2005.
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