PLC CONVENES, MAKES SOME CHANGES TO STATUS QUO,

C O N F I D E N T I A L JERUSALEM 000670 SIPDIS SIPDIS NEA FOR FRONT OFFICE AND IPA; NSC FOR ABRAMS/DORAN/MUSTAFA E.O. 12958: DECL: 02/14/2016 TAGS: PREL KPAL KDEM KWBG SUBJECT: PLC CONVENES, MAKES SOME CHANGES TO STATUS QUO, BUT NOT AS DRASTIC AS EXPECTED Classified By: Consul General Jake Walles. Reasons: 1.4(b) and (d). -------------- Summary -------------- ¶1. (C) The current Palestinian Legislative Council (PLC) met February 13 in Ramallah and Gaza (via DVC) and took a number of controversial decisions, including the approval of a draft law giving President Mahmud Abbas the power to appoint judges without PLC endorsement to the Constitutional Court, the body entrusted with resolving disputes between the executive and legislative branches of the Palestinian Authority. The PLC also confirmed several administrative appointments, one of which, the appointment of Ibrahim Khreishi to the position of PLC Secretary General, stands in direct contravention to the existing PLC bylaws. The decisions come one day after Speaker Rawhi Fattouh called for the special session and provoked a political firestorm after the plans for the session - - which reportedly included the discussion of an amendment to the Basic Law giving the President the power to dissolve the PLC and call for new elections - - were leaked to Hamas. At least eight Hamas members elected to the new PLC (which is to be sworn in on February 18) attended the PLC session as observers. In comments made to the press after the session's conclusion, the Hamas representatives termed the session "immoral" and "a bloodless coup" and vowed to conduct a thorough study of the PLC decisions, reserving the right to overturn those decisions immediately after the inauguration of the new Council. -------------- Details on PLC Special Session -------------- ¶2. (C) In a hastily-called special session, the Palestinian Legislative Council (PLC) voted to give President Mahmud Abbas (Abu Mazen) the authority to appoint judges without PLC approval to the nine member Constitutional Court - the PA body with the authority to resolve disputes between the President and the Parliament and/or Cabinet, and cancel PLC-passed legislation if it is deemed to violate the Basic Law. The draft law (essentially an annex to the Basic Law) as originally written, had been sitting with President Abbas for some time and gave the President the authority to endorse the appointment of judges put forward by the High Judicial Council. The PLC, however, was given the right of final say and could approve or disapprove of the President,s endorsements. In the February 13 session, PLC members revised the existing draft law and deleted the role of the PLC in the approval process. The amendment passed 41 to three, with one abstention. In comments made to the Jerusalem Post, legal expert Issam Abdeen claimed that the new legislation would allow Abbas to "cancel any law approved by the new parliament on the pretext it is unconstitutional." ¶3. (C) The PLC also voted on a number of administrative issues, including the appointment of Ibrahim Khreishi to the position of PLC Secretary General. According to standing PLC bylaws, the Secretary General is elected by the PLC and must be a PLC Member. Last week, PLC Speaker Fattouh appointed Khreishi, an administrative officer within the Speaker's Office who is not an elected PLC member, to the position of Secretary General in direct contravention of PLC bylaws. SIPDIS While the PLC did not vote to amend the language of the current bylaws, they did endorse the appointment of Khreishi 37 to 11. (Note: The Secretary General is responsible for all administrative aspects of the PLC, including the hiring of administrative staff, the renting of office space for PLC members, etc. Ibrahim Khreishi, a staffer, is a member of the same clan but is not closely associated with Hasan Khreishi, current deputy PLC speaker widely expected to replace Fattouh as Speaker in the next PLC. End note.) The PLC also voted to confirm Jihad Hamdan as head of the General Personnel Bureau, Farouk Efringi as head of the Salaries and Benefits Fund, and Mahmoud Abu al Rob as head of the PA Administration and Financial Oversight Bureau. ¶4. (C) In the final piece of business, the assembled members agreed to approve a Presidential decision stating that PLC members are also de facto members of the Palestinian National Council (PNC),the PLO's governing body. (Note: This decision is not likely to create much domestic controversy, given that Hamas had previously agreed to this arrangement during the Cairo Declaration talks in March 2005 (septel). End note.) ¶5. (C) Voting took place after introductory speeches by various members, including Speaker Fattouh. Fattouh opened the session by assuring the assembled PLC members that no decisions would be taken in the session to change the Basic Law. Fattouh also discussed the unfortunate public perceptions of corruption within the PLC and stressed that the PLC Members are working arduously to meet the needs of their constituents. He concluded by saying that all PLC files would be left open for the new PLC to review. -------------- Hamas Reaction -------------- ¶6. (C) At least eight Hamas PLC elect members, including Mohammad Abu Tir and Mahmoud al Ramahi, were present to monitor the discussions. As the PLC dispersed, the Hamas representatives told journalists that they would study the issues discussed and the consequences of the votes taken. They openly criticized the decision to confirm the appointment of the PLC Secretary General in contravention of the standing PLC bylaws, and noted that the new PLC could take measures to rectify the February 13 decisions if required. In later press reports, Hamas termed the 11th hour legislation "a bloodless coup" and vowed to overturn it, complaining that the PLC had no right to make last-minutes changes and was filling positions with unqualified staff that would block Hamas' bid to open the jobs up to those who really deserve them. (Note: Hamas would require a two-thirds majority, or 88 of 132 seats, to overturn the February 13 legislation. Hamas will control 74 seats in the new PLC and can likely count on the support of four independent candidates who ran with Hamas support, as well as the three elected members of the PFLP. End note.) -------------- Background on Controversial Session -------------- ¶7. (C) Current PLC members were called early February 12 in an initiative spearheaded by Speaker Rawhi Fattouh to attend the February 13 session. Fattouh had reportedly briefed a number of PLC members on his plans for the session, which included discussion on an amendment to the Basic Law giving the President the power to dissolve the PLC and call for early elections, an amendment modifying the bylaws of the PLC governing the appointment of the PLC Secretary General, and a measure to create the position of PA Vice President. ¶8. (C) During the course of February 12, the substance of Fattouh's conversations with PLC members leaked to Hamas and speculation surrounding the upcoming PLC session erupted into a political crisis. Both newly-elected Hamas PLC members and some independent members of the current PLC spoke out against the plans. Hamas Spokesman and PLC member-elect Mushir al-Masri publicly described the proposed topics as a "coup against democracy" and declared that any laws passed by the PLC prior to the new Council's official inauguration, currently slated for February 18, would be annulled. He added that the drafting of any law during this interim period would be seen as an attempt to preempt the work of a democratically-elected council. Independent PLC member-elect Hasan Khreishi declared the session illegal and said that the PLC could not discuss any of the planned issues since they had all been tabled for discussion (though not rejected) during the former PLC term which ended January 5. (Note: Khreishi was elected as an Independent candidate in Tulkarem with Hamas support. End note.) Hamas PLC member-elect Said Siam reportedly contacted President Abbas late on the afternoon of February 12 to clarify the topics to be discussed during the special session. Abbas apparently assured Siam that the PLC would not take any action related to the dissolving of the PLC or the calling of early elections - i.e., Fattouh's original reasons for the special session. ¶9. (C) As evening approached on February 12, PLC sources reported that the agenda of the meeting had been revised. Some reported the session would include a discussion of outstanding draft laws pertaining to the law of the Constitutional Court, the sanctity of the Palestinian flag, and the Business Firms draft law, while others affirmed the session would constitute a farewell session only with no laws to be discussed. (Note: PLC Speaker Rawhi Fattouh had formally closed the 10-year session of the previous PLC on January 5, though there is no formal prohibition against continuing with the conduct of normal business. During the interim period, between the closing of the outgoing PLC and the inauguration of the incoming Council on February 18, PLC members are allowed to continue working. End note.) -------------- Comment -------------- ¶10. (C) A direct attempt by PLC Speaker Fattouh to change the Basic Law, specifically to give President Abbas the ability to dissolve the PLC and call for new elections, was preempted by leaks to Hamas and the ensuing political firestorm. Several of the decisions taken over the course of the day, specifically the decision to give Abbas the power to appointment judges to the Constitutional Court without a PLC endorsement and the approval of the Secretary General, could be challenged or overturned by the future PLC. WALLES