PLC SUSPENDS PROCEEDINGS AMIDST FATAH/HAMAS RANCOR

C O N F I D E N T I A L JERUSALEM 000974

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 03/08/2016
TAGS: KPAL PGOV IS
SUBJECT: PLC SUSPENDS PROCEEDINGS AMIDST FATAH/HAMAS RANCOR


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


1. (C) SUMMARY: Palestinian Legislative Council (PLC) Speaker
Aziz Dweik suspended PLC sessions for two weeks following a
rancorous March 6 session that featured a Fatah walkout and
the passage of a HAMAS-sponsored resolution that revoked a
series of expanded presidential powers and bureaucratic
appointments passed by the outgoing PLC. Fatah PLC members
have referred the resolution to the PA High Court for review
and said they will boycott further PLC sessions pending a
ruling. Fatah PLC member Bernard Sabella criticized HAMAS'
attempt dominate the PLC and said the walkout makes Fatah,s
participation in a National Unity Government (NUG) less
likely. END SUMMARY.

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HAMAS Measure Sparks
Fatah PLC Protest
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2. (SBU) Shortly after the convening of the first working
session of the PLC on March 6, HAMAS PLC Speaker Aziz Dweik
introduced a measure effectively nullifying all measures
adopted by the PLC between the January 25 election and the
swearing-in of the new PLC on February 18. (NOTE: During a
February 13 session, the outgoing PLC granted Abu Mazen the
power to appoint judges to the constitutional court without
legislative review; changed PLC bylaws to allow Ibrahim
Khriesheh to be appointed Secretary General of the PLC, even
though he is not an elected member of the body; and appointed
several Fatah loyalists to influential posts dealing with PA
finances and personnel. END NOTE) In response to the
introduction of the resolution, Fatah opposition bloc leader
Azzam al-Ahmad made a statement from the PLC floor charging
that the new HAMAS PLC members lacked the "legal background
and experience" to lead the government, provoking an uproar
among the HAMAS PLC members.


3. (SBU) After succeeding in setting the resolution for a
vote in the afternoon agenda, Dweik called for a short prayer
break. The entire 45-member Fatah bloc did not return to the
session following the break to protest the introduction of
the resolution. The remaining HAMAS PLC members then passed
the measure by a vote of 64 in favor, with 7 abstentions.
Mustafa Barghouti (Independent Palestine),PFLP, DFLP, and
Salam Fayyad and Hanan Ashrawi (Third Way) abstained, but did
not join the Fatah walkout.

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PLC Sessions Suspended
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4. (C) In response, Fatah PLC members announced on March 6
that they would refer the HAMAS resolution to the High Court
and boycott further PLC sessions pending the Court's
decision. (NOTE: PA constitutional law expert Ahmad
al-Khalid told us the law is unclear on whether a new PLC can
nullify previous PLC decisions. Fatah PLC member Sa'eb
Erekat told the Consul General on March 7 that he thought
Fatah had a strong legal case. END NOTE.) During an
abbreviated March 7 PLC session, Dweik announced a two-week
suspension of PLC work because of the Fatah protest, stating
that it would not be possible to carry on with the
preliminary work of electing representatives to the various
PLC councils without the participation of the Fatah members.
In a March 8 statement to the media, Dweik insisted on the
legality of the HAMAS-sponsored PLC resolution, but said
HAMAS is ready to accept any decision by the High Court.

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Sabella: HAMAS Trying
To Dictate to Fatah
--------------


5. (C) During a March 7 telecon with ConGen Poloff, Fatah
PLC member Dr. Bernard Sabella (Jerusalem) criticized HAMAS
for attempting to dictate terms to the Fatah PLC members.
Sabella noted that HAMAS had rejected efforts by Gaza PLC
member Ziad Abu Amr (Independent) who sought to reach a
compromise on presidential powers. Sabella expected Fatah
would rejoin PLC proceedings, whatever the outcome of the PA
High Court decision.


6. (C) Sabella, however, was pessimistic about future
Fatah/HAMAS cooperation in the PLC if HAMAS tried to impose
itself to the detriment of Fatah. Fatah opponents to a NUG
were bolstered by the events in the Council. "My concern is
that, if what occurred March 6 becomes the model in the
Council, I would not support Fatah joining the government."
Sabella noted that while HAMAS maintained a comfortable
majority -- 74 or 132 seats in the PLC compared to Fatah at
45 -- to pass any measures in the Council, Fatah would refuse
to cooperate in a "rubber-stamp" PLC. He noted a repeat of
the March 6 events would ultimately reflect poorly in the
eyes of Palestinians and the international community. Sa'eb
Erekat told the Consul General that the March 6 events
effectively insured that Fatah would not join a HAMAS-led
government.

WALLES