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).

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Summary
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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.
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Details on PLC Special Session
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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.

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Hamas Reaction
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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.)

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Background on
Controversial Session
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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.)

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Comment
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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