PALESTINIAN LEGISLATIVE COUNCIL ELECTIONS SITREP

C O N F I D E N T I A L JERUSALEM 000080

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 01/06/2016
TAGS: PREL PGOV KWBG PBTS IS KPAL KDEM
SUBJECT: PALESTINIAN LEGISLATIVE COUNCIL ELECTIONS SITREP
#3: JANUARY 6, 2006: HAMAS ENDORSES CODE OF CONDUCT FOR
ELECTIONS; CEC AWAITING RESPONSE FROM ABU MAZEN OVER
RESIGNATION LETTER

REF: A. JERUSALEM 04794


B. JERUSALEM 00067

Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d).


1. (C) Summary. Hamas January 5 endorsed a Code of
Conduct for the January 25 Palestinian Legislative Council
(PLC) elections that it had earlier refused to sign in
October. The Chief Electoral Officer for the Central
Elections Commission (CEC),Ammar Dweik, reported that Abu
Mazen had yet to respond to the Commission's resignation
letter. Dweik expressed concern for Election Day security,
adding that elements within Fatah were determined to scuttle
the election process. Dweik said that time was running out
on establishing voting procedures in Jerusalem. End summary.

Hamas Signs Code of Conduct
--------------


2. (C) Hamas spokesperson, Sami Abu Zuhri, January 5
reported that Hamas had endorsed the code of conduct signed
by thirteen Palestinian factions on October 17 that requires
the signatories to respect the outcome of the PLC elections
and abide by rules of conduct during the campaign period (REF
A). Abu Zuhri said that Hamas had raised two reservations to
the 25-point document: Article 23 that stipulates commitment
to laws of the Palestinian Judiciary regarding the elections
process; and Article 24 stipulating commitment and
acknowledgment of official and final results issued by the
CEC and/or specialized court. Abu Zuhri said that Hamas
wanted all the judges appointed to rule on such matters to be
agreed upon by all the factions, and that the movement would
accept the final results from the CEC as long as the
electoral procedures were free of fraud or other
irregularities.

Dweik: No Word From Abu Mazen
On CEC Resignation Letter
--------------


3. (C) During a January 6 meeting with ConGen PolChief and
Poloff, CEC Chief Electoral Officer Ammar Dweik reported that
Abu Mazen had yet to respond to the CEC's January 4
resignation letter regarding the PA cabinet's decision to
allow Palestinian security forces to vote in their duty
stations instead of where they are registered to vote (REF
B). PolChief informed Dweik that Abu Mazen told the Consul
General in a January 5 meeting that the PA Ministry of
Interior must observe CEC regulations for voting in the
elections. Dweik said that he had received a call from PA
Cabinet Secretary Samir Huleileh informing Dweik that the CEC
should handle the voting for the security forces as it saw
fit. Dweik indicated that he has sought a written document
to that effect from the cabinet but has yet to receive a
positive response. He would await a January 8 PA cabinet
meeting to see whether the cabinet clarifies its position on
voting procedures for the security forces. With respect to
early voting for the PA security forces, Dweik said that the
CEC required Israeli cooperation to facilitate the movement
of tens of thousands of security personnel.

CEC Worried About
Election Day Security
--------------


4. (C) Dweik commented that he has little confidence in
Election Day security for polling stations, especially in the
Gaza Strip. "When Ala'a Husni (Chief of the PA police in
Gaza) announces that he has a 'mutiny' on his hands, it gives
the CEC no confidence," Dweik said. Dweik indicated that the
situation was better in the West Bank, but he said that the
CEC had received reports that some elements in Fatah may
cause problems. He thought that international election
observers would be able to operate in the West Bank without
trouble, but admitted that some incidents (i.e. kidnappings)
could be directed towards observers in Gaza. Dweik said that
recent attacks against CEC offices in the West Bank and Gaza
appeared organized and politically motivated by some elements
within Fatah who sought to derail the elections. His
suspicions were based in part on a recent conversation with a
senior, unnamed PA/Fatah official, who told Dweik that one of
the scenarios of those in Fatah determined to block the
elections was to direct attacks against the CEC itself.


5. (C) Noting that security was the "first and top
priority," Dweik complained that at this stage, the PA
security forces had done nothing to stop attacks on CEC



facilities, including the recent attack on the CEC district
office in Rafah. Dweik put the blame squarely on Nasir
Yusif, adding that Abu Mazen should remove the PA Minister of
Interior. Dweik said that the CEC maintained good contacts
with the commanders of the PA Police and National Security
Forces, but that change needed to be made at the top.

Awaiting Word on
Jerusalem Voting
--------------


6. (C) On voting in Jerusalem, Dweik said that working
level Israeli police and security officials had informed the
CEC that it would allow candidates, with the exception of
Hamas, to campaign inside the municipal boundaries -- as long
as those activities were coordinated first with the CEC.
Dweik said that the Commission was reluctant to play the role
of approving campaign activities since it should be left to
the candidates themselves. He noted that in the 2005 PA
presidential elections, candidates coordinated their
activities through the PA Ministry of Civil Affairs. Dweik
said that a decision needed to be made soon whether elections
would proceed in Jerusalem as they had in 1996 and in January
2005, since the CEC would need time to prepare.

PA Leadership Divided
Over Elections
--------------


7. (C) Dweik argued that the problems of election
preparations in the West Bank and Gaza did not compare to
those faced in Iraq and Afghanistan. In Iraq there is a
"coalition" to provide security and support to the electoral
process, and a government that clearly wanted elections to
occur, Dweik said. Israel was neutral, at best, in the
upcoming PLC elections; however, the PA leadership was
clearly divided over how the proceed. While Abu Mazen had
made public statements in support of the elections, Prime
Minister Abu Ala'a was clearly opposed, while PLC Speaker
Rawhi Fattuh had openly stated his opposition to the
elections taking place on January 25. Dweik said that these
elements were working to block the elections. (Note:
Ramallah-based Tanzim activist Husayn al-Shaykh January 6
related to ConGen Pol FSN his belief that elections should be
delayed given the internal security chaos and the likely
prospects of a strong Hamas showing in the PLC elections. He
opined that Abu Mazen might be embarrassed to inform the USG
that he was incapable of controlling the security situation
in the territories. End note.)

Summary of Local
Press Coverage
--------------


8. (SBU) PLC elections continued to dominate reporting in
all Palestinian papers. The dailies January 6 front-paged
reports that sources in Washington stated that the
Palestinian elections should go ahead as planned despite the
uncertainty caused by PM Sharon's health situation. The
reports quoted White House Spokesman Scott McClellan, who
added that the Bush administration has conveyed this position
to Abbas.

-- Al-Hayat al-Jadida quoted Secretary Rice commenting that
Hamas's participation in the legislative elections is an
internal Palestinian affair, but adding that all parties have
a right to take part in elections.

-- Nabil Sh'ath was quoted in al-Ayyam saying that Israel's
position on voting in East Jerusalem will not change as a
result of Sharon's absence from the political scene. Sh'ath
said he believes Acting Prime Minister Ehud Olmert will
pursue the same policy Sharon would have adopted, and that he
expected elections will take place in Jerusalem.

-- Al-Quds reported that the CEC submitted a resignation
letter to PA President Abbas asking him to appoint a new
Commission as the current staff objected to a decision by the
Palestinian cabinet that allows the opening of voting centers
at security forces' headquarters, which the CEC considers a
violation of law.

-- Al-Quds reported that Hamas has suspended its election
campaign in Khan Yunis in order to "focus all efforts" toward
resolving the bloody conflict between two major families
there.



Op-eds:

-- Columnist Rajab Abu Sariya commented in al-Ayyam that by
not declaring a clear position concerning elections in
Jerusalem, Israel mainly aims at denying the Palestinians a
positive environment in which to hold their election
campaigns.

-- In its main editorial, al-Quds held that Hamas's
considerable presence in Palestinian society cannot be
overlooked and that its involvement in the political process
is an essential "requirement for a true Palestinian
democracy."

WALLES