Annual Report - Palestinian Center for Human Rights

Weak Performance of the Legislature and Continued Functioning of
PLC Members without Electoral Mandate
The PLC continued to function throughout 2005, under difficult conditions resulting
from the policy of collective punishment, imposed by IOF against the Palestinian
people and their institutions. This policy includes closure and internal restrictions on
the movement of PLC members between the Gaza Strip and West Bank, and
prevention of West Bank PLC members from reaching the PLC in Ramallah. This is
a direct result of Israeli policies to cut off the West Bank and transform it into isolated
Bantustans. The PLC could not hold its sessions regularly and was forced to function
using “video conference” technology in order to overcome movement restrictions. In
addition, PLC committees held separate sessions in the Gaza Strip and West Bank.
Despite registering some performance improvement in comparison to previous years,
the overall PLC performance was disappointing, especially in the areas of legislation
and monitoring. The key failures and deficiencies in the PLC performance were:
- The end of the legal term of the PLC since 1999, which necessitates holding
new parliamentary elections to renew the PLC's legitimacy.
- The prolonged vacancy of 4 PLC seats, which had become free as a result of
resignation and death. There was no serious effort to fill these vacancies, as is
required under the law.
- Dual responsibility of PLC members. A number of PLC members held paid
executive functions, in clear violation of Law #10 of 2004 on the duties and
rights of PLC members. This law states that, other than the post of Cabinet
Minister, “A (PLC) member cannot be a member in any consultant,
supervision, or administrative council in any governmental institution.”
- Absenteeism by PLC members from sessions and the act of leaving sessions
shortly after convening. A number of laws were passed and important
decisions taken with a limited number of members in attendance. This
included a 20-member session which passed the 2005 budget law, approving
the report of the Budget, Monitoring, and Legal Committees on the smuggling
of Egyptian cement to the Israeli market. The recommendations of the
Parliamentary Committee, formed on 14 July 2004, on monitoring the political
and field situation in the Gaza Strip, were passed with only 37 PLC members
in attendance.
- Prioritization of personal interests and considerations during the legislative
process.
On 11 December 2005, PCHR issued its 8 th report on 'Monitoring the Performance of
the PLC'. It included an evaluation of the PLC performance with regard to its
legislative, monitoring and accountability functions during its session from 11 March
2004 to 9 March 2005. The report pointed to the deficiencies mentioned above. In
addition, the report included a number of recommendations to develop the work of the
PLC, such as:
- PNA adherence to the scheduled date for legislative elections, 25 January
2005, in order to elect new representatives of the Palestinian people and to reestablish
confidence in the Council that was formed more than 9 years ago,
and which has since lost its legitimacy and legal mandate.
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