Identifier
Created
Classification
Origin
06JERUSALEM386
2006-01-27 16:47:00
CONFIDENTIAL
Consulate Jerusalem
Cable title:  

PA BASIC LAW: SEPERATION OF POWERS AND SECURITY

Tags:  ASEC IS KDEM KPAL KWBG PBTS PGOV PREL 
pdf how-to read a cable
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OO RUEHWEB

DE RUEHJM #0386/01 0271647
ZNY CCCCC ZZH
O 271647Z JAN 06
FM AMCONSUL JERUSALEM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9979
INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY
RHEHNSC/WHITE HOUSE NSC PRIORITY
C O N F I D E N T I A L JERUSALEM 000386 

SIPDIS

SIPDIS

NEA FOR FRONT OFFICE, NSC FOR ABRAMS/DORAN/MUSTAFA

E.O. 12958: DECL: 01/27/2016
TAGS: ASEC IS KDEM KPAL KWBG PBTS PGOV PREL
SUBJECT: PA BASIC LAW: SEPERATION OF POWERS AND SECURITY
FUNCTIONS


C O N F I D E N T I A L JERUSALEM 000386

SIPDIS

SIPDIS

NEA FOR FRONT OFFICE, NSC FOR ABRAMS/DORAN/MUSTAFA

E.O. 12958: DECL: 01/27/2016
TAGS: ASEC IS KDEM KPAL KWBG PBTS PGOV PREL
SUBJECT: PA BASIC LAW: SEPERATION OF POWERS AND SECURITY
FUNCTIONS



1. (C) SUMMARY: The PA Basic Law and Presidential Decrees are
the primary legal bases for government formation and control
of the PA Security Forces (PASF). While the law is clear on
some issues such as the selection of the Prime Minister and
the Council of Ministers, the Basic Law does not say anything
about when the President can dissolve the PLC or call for new
elections. The President has direct authority over General
Intelligence and Presidential Security, but also maintains
indirect authority over the other security services through
provisions of the Basic Law and various Presidential Decrees.
In practice, operational control of the PASF has always been
more of a political than a legal question. END SUMMARY

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Government Formation
--------------


2. (SBU) Under Article 45 of the Basic Law, the President
selects a Prime Minister designee and tasks him with forming
a government. The designee has 3 weeks to form a cabinet
with the possibility of a two-week extension. After the
designee has formed a government, it is presented to the PLC
for a vote of confidence. If the cabinet receives an
absolute majority, a government is formed, if not the
President must select a new Prime Minister designee and the
process begins again.

--------------
Prime Ministerial Powers
--------------


3. (SBU) The Prime Minister serves at the will of the
President as mandated by Article 45, which gives the
President the right dismiss the Prime Minister or convene the
Council of Ministers at any time. The Prime Minister's
primary function is to oversee the work of the Council of
Ministers.

--------------
Dismissing the Cabinet or PLC
--------------


4. (SBU) Effectively, the President can dismiss the Cabinet
by firing his Prime Minister. The Basic Law makes no mention
of whether the President can dismiss the PLC and there is no

other existing legal basis for such a move. Notably, PLC
Speaker Rawhi Fattuh proposed an amendment to the Basic Law
on January 21 to give the President the power to dissolve the
PLC. (NOTE: At the time the amendment failed to garner the
support of enough PLC members to bring the measure to debate.
It is unlikely that the amendment will move forward at this
stage. END NOTE) Article 2 of the PA Election Law specifies
that PLC elections shall be held every four years. (NOTE:
Presidential Chief of Staff Rafiq Husseini told Consul
General that the President's legal advisor believes it may be
possible for the President to dissolve the PLC under certain
circumstances. See Septel. END NOTE)

--------------
Control of the PASF
--------------


5. (C) Control of the PASF has always been more of a
political than a legal question. In April 2005, President
Abbas issued a decree unifying all the PASF under the
Interior Minister, except General Intelligence, which remains
under Presidential authority pursuant to the General
Intelligence Law. The President also exercises direct
authority over the Presidential Security force. In addition,
Article 39 of the Basic Law, which specifies that the
President is the Commander-in-Chief of all PASF, gives the
President indirect authority over all the security forces.
Under the 2003 Amendment to the Basic Law, however,
operational control of the PASF was theoretically divided
between "external" functions (National Security Force,
Presidential Security and General Intelligence (Mukhabarat)),
under Presidential control, and "internal" functions
(Preventive Security, Civil Police, and Civil Defense),under
Prime Ministerial control. As Prime Minister, Abu Mazen
briefly assumed control over the three internal security
apparatuses, while then President Arafat retained direct
control over the National Security Force and General
Intelligence. While President Abbas expanded the powers of
the Interior Minister with his April 2005 decree, Nasir Yusif
has always reported in practice directly to the President,
rather than the Prime Minister.

--------------
Passing a Law,

Amending the Basic Law
--------------


6. (C) Passing a law in the PLC requires a simple majority,
67 votes, and approval by the President. If the President
vetoes legislation, it can be overridden with a two-thirds
majority of the PLC. With 76 members, Hamas will have no
trouble advancing its agenda through the legislature.
Amending the Basic Law requires a two-thirds majority of the
PLC, 87 members. With 4 allied independents and the likely
support of the 3 PFLP members, Hamas is four votes away from
having enough votes to change the Basic Law. The President
has the power to issue presidential decrees, which have the
force of law. However, any such decree does not have the
force to override the Basic Law.

WALLES