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Jmccpalestinian Council.Pdf COPYRIGHT © Jerusalem Media & Communication Centre January 1998 Information in this publication may be quoted providing the JMCC is fully credited. No part of this publication may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature, without the prior express written permission of the JMCc. DESIGN JMCC PRINT National Computers Printer Jl-i¥L •• ~¥1 V"~L~)A JMCC POB 25047, East Jerusalem Tel 02-5819777 Fax 02-5829534 email [email protected] webpage: www.jmcc.org IIounoO Introduction Structure of the Palestinian Legislative Council Chronology Presidential decrees International Observers Number of voters distributed according to constituencies Number ofPLC Candidates distributed according to constituencies PLC candidates list and PLC Members results of elections distributed according to constituencies Presidential Elections Results 49 PLC results according to affiliations (WB & Gaza) 51 PLC results according to affiliations (WB) 52 PLC results according to affiliations (Gaza) 52 Women participation in PLC elections 53 Standing Orders 55 PLC Committees 79 PLC Resolutions/decisions 81 PLC Corruption Report 133 PLC Economic Committee Report 171 Organizational Structure of the Council's Presidency 177 Profile of PLC Members 179 PLC Charts Figure 1- Basic Statistics about PLC Members 223 Figure 2- Council Members' Political Affiliation 224 Figure 3- A- Distribution of Council Members according to 225 the Constituencies. B- Residency of Council Members Figure 4- A- Council Members by Profession. B- Council Members and the PLO. Figure 5- Struggle History of the Council Members 227 Figure 6- Gender of Council Members 228 Palestinian Ministerial Cabinet 229 The presence of an elected Palestinian Council is seen as an important development in the political life ofthe Palestinian people who regard it as one ofthe major achievements emanating from the current peace process. The Council is the first elected Palestinian body in the history of the Palestinian people. It is looked upon as an indication oftheir right to self determination and an expression oftheir natural hopes. The Palestinian people and the international community alike = regard the existence of an elected Palestinian Council with o profound importance as it provides legitimacy, respect, and ••••• legality for the struggle ofthe Palestinian people and their goal towards ending the saga ofIsraeli occupation and the beginning •• of a new idea era in the fulfillment of their national dreams of an ~ independent Palestinian state. Since its establishment, the Council has strived to sincerely reflect =' the aspiration and goals ofthe people who elected it. It has also 'e become an instrument for holding the Palestinian Executive o Authority to account. This function of accountability has been conducted in a very courageous and effective manner, something I. unique in the Palestinian political history . •• Due to the importance of the Council and its responsibilities and as a result ofthe great local and international interest in this body, the Jerusalem Media & Communication Centre (JMCC) presents ~ = the 2nd edition of this book to enable the reader to get a better idea ofthe structure of the Council, the members elected to it, its jurisdiction, and other aspects relevant to it. This attempt, we believe, may contribute to strengthening the link between the Council and the people on one hand, and those interested in its work, on the other. We hope that such a modest effort will further strengthen the building of democracy in Palestinian society and its relations with the outside world. Ghassan A/-Khatib Director The first elected Palestinian Legislative Council (PLC) was initially conceptualized with the Declaration of Principles (DOP) signed in Oslo on 19/8/1993, and signed officially in Washington on 13/9/1993. The idea was further developed in the Israel-Palestinian Interim Agreement on West Bank and Gaza Strip(Oslo II) signed officially in Washington on 28/9/1995, in which the structure, jurisdiction, functions, size, and responsibilities of the Council were determined. In fact the Oslo II Agreement was so detailed that constitutes the terms of reference for the council. QJ Oslo II stipulated that the PLC which form of 88 members and head of ;> the Executive authority, upon it inauguration, is expected to act as the .,.... highest authority in the interim phase. The PLC is the body responsible for legislation and from it the majority 80% of the cabinet of the ~ e'd executive authority is appointed. The following pages provide a brief •••••• description of the Council based on the above mentioned agreements: .,....fIJ CIJ * The Palestinian Council, with the Ra'ees of the Executive Authority QJ of the Council constitute the Palestinian Interim-Self Government Authority. ~ * The Council is elected by the Palestinian people in the West Bank, Jerusalem, and the Gaza Strip for a transitional period not exceeding five years from the signing of the Gaza-Jericho Agreement on May 4, e'd= 1994. .,.... * The Council possesses legislative and executive powers as stipulated in Articles VII and IX of the Declaration of Principles. Article IX of the .,....= DOP states that: ~ fIJ 1. The Council shall be empowered to legislate, in accordance with the QJ Interim Agreement, with all authorities transferred to it. Both parties •••••• will review laws and military orders presently in force in the remaining spheres (not transferred). Directly after its inauguration, the Council e'd elected from among its members a speaker presides over the Council ~ meetings, administers the Council and its committees, decides on the agenda of each meeting, and lays before the Council proposals for voting and declares their results. He is assisted by two deputee from the Council members. The speaker is to present for the Council the proposed Internal Standing Orders and the internal procedures regulations which regulate the decision-making processes of the Council and present it to discuss and ratify it, in addition to other duties. 2. The organization, structure and functions of the Council is based on the Israeli- Palestinian Interim Self-Government Agreement and the Basic Law for the Palestinian Interim Self-Government Authority. * In accordance with the nop, the jurisdiction of the Council covers the West Bank and Gaza Strip as a single territorial unit, except for issues that will be negotiated in the permanent status negotiations: Jerusalem, settlements, specified military locations, the refugees, borders, foreign relations and Israelis; and powers and responsibilities not transferred to the Council. Accordingly, the authority of the Council encompasses all matters that fall within its territorial, functional and personal jurisdiction, as follows: a. The territorial jurisdiction of the Council encompasses Gaza Strip territory, except for the Settlements and the Military Installation Area, and West Bank territory, except for Area C, which will be gradually transferred to Palestinian jurisdiction in three phases. Each phase will take place after an interval of six months, to be completed 18 months after the inauguration of the Council. At this time, the jurisdiction of the Council will cover West Bank and Gaza Strip territory, except for the issues that will be negotiated in the permanent status negotiations. Territorial jurisdiction includes land, subsoil and territorial waters, in accordance with the provisions of the Agreement. b. The functional jurisdiction of the Council extends to all powers and responsibilities transferred to the Council, as specified in Oslo II or in any future agreements that may be reached between the Palestinians and Israelis during the interim period. c. The territorial and functional jurisdiction of the Council will apply to all persons, except for Israelis. The Council has functional jurisdiction in Area C, as detailed in Article IV of Annex III of Oslo II. * According to the interim agreement, the Council has within its authority, legislative powers as provided in article XVIII of Olso II. In addition to executive powers but however: a. Israel, through its military government, has the authority over areas that are not under the territorial jurisdiction of the Council, powers and responsibilities not transferred to the Council and Israelis. b. For this purpose, the Israeli military government retains the necessary legislative judicial and executive powers and responsibilities, in accordance with intemationallaw. This does not detract from Israel's applicable legislation over Israelis. * The Council's jurisdiction will extend gradually to cover the West Bank and Gaza Strip, except for the issues to be negotiated in the permanent status negotiations, through a series of redeployments of the Israeli military forces. The first phase 0 the redeployment oflsraeli military forces will cover populated areas in the West Bank - cities, towns, refugee camps and villages as set out in Annex II - and will be completed prior to the eve of the Palestinian elections, i.e. 22 days before the day of the elections. Further redeployment of Israeli military forces to specified military locations will commence immediately upon the inauguration of the Council and will be affected in three phases, each to take place after an interval of six months, to be concluded no later than 18 months from the date of the inauguration of the Council. 1. In Area C, in the first phase of redeployment, powers
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