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The Public Services Under Hamas in Gaza: Islamic Revolution Ormanagement? Crisis Islamic in Gaza: Hamas Under Services the Public ISBN: 978-82-7288-370-5 ISBN

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The Public Services Under Hamas in Gaza: Islamic Revolution Ormanagement? Crisis Islamic in Gaza: Hamas Under Services the Public ISBN: 978-82-7288-370-5 ISBN 03 2010 PRIO REporT 03 2010 How has the Islamic Resistance Movement Three case studies reveal the impact of the (Hamas) tackled the challenge of ruling takeover on three public services in Gaza: the The Public Services the Gaza Strip in a context of almost judiciary, the education sector and the health total isolation? In 2006 Hamas won a sector. Through extensive fieldwork interviews parliamentary election; the year after, with politicians, employees and users of these under Hamas in Gaza: infighting with its long-time rival, Fatah, public sectors, it is investigated to what extent resulted in a complete military takeover the rivaling governments in Gaza and the of Gaza by Hamas forces. The victorious West Bank have established mechanisms of Islamic Revolution Palestinian Islamists were, however, soon coordination to ensure a minimum of basic challenged by inter-national boycott, Israeli public services. or Crisis Management? Peace Research Institute Oslo Research Peace VisitingAddress: Hausmanns gate 7 PO Box 9229 Grønland, NO-0134 NorwayOslo, Peace Research Institute Oslo (PRIO) The PublicThe Services under Hamas Gaza: in Islamic Crisis Management?or Revolution ISBN: 978-82-7288-370-5 embargo and military assaults, Palestinian Can any long-term ambitions on the part division and economic paralysis. As a response, of Hamas be determined by its conduct in Hamas sought to fortify its control on the power? The Islamic movement’s practice ground by a range of administrative, military may offer some indications as to what extent and economic moves. Hamas is preparing the ground for long- term Islamic rule in Gaza or merely applying This report explores Hamas’s restruc- temporary measures while awaiting political turing of governmental institutions after reconciliation. its takeover, its strategies for economic survival, and its handling of the delicate relationship with the appointed Fatah- affiliated government in the West Bank, which enjoys international backing. www.prio.no Are Hovdenak (ed.) About the Project This report is an outcome of the research project Madhoun from the House of Wisdom Institute “The Rule of Hamas in Gaza: Rethinking the for Conflict Resolution in Gaza; Dr. Mkhaimar prospects for peace” at PRIO. The research is funded Abusada of al-Azhar University of Gaza; and by the Norwegian Ministry of Foreign Affairs and Dr. Fakhr Abu-Awwad of the Islamic University has been conducted with the kind contribution of Gaza. PRIO is most grateful for the invaluable of Dr. Hani Albasoos and researcher Mahmoud El contribution from these researchers. The Public Services under Hamas in Gaza Islamic Revolution or Crisis Management? Are Hovdenak (ed.) PRIO Report 3-2010 2 | The Public Services under Hamas in Gaza Peace Research Institute Oslo (PRIO) Hausmanns gate 7 PO Box 9229 Oslo NO-0134 Oslo, Norway Tel. +47 22 54 77 00 www.prio.no PRIO encourages its researchers and research affiliates to publish their work in peer-reviewed journals and book series, as well as in PRIO’s own Report, Paper and Policy Brief series. In editing these series, we undertake a basic quality control, but PRIO does not as such have any view on political issues. We encourage our researchers actively to take part in public debates and give them full freedom of opinion. The responsibility and honour for the hypotheses, theories, findings and views expressed in our publications thus rests with the authors themselves. © Peace Research Institute Oslo (PRIO), 2010 All rights reserved. No part of this publication may be reproduced. Stored in a retrieval system or utilized in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without permission in writing from the copyright holder(s). ISBN 978-82-7288-370-5 Cover design: www.studiosju.no Cover Photos: Front: Are Hovdenak Back: The Public Services under Hamas in Gaza | 3 Contents Executive Summary ____________________________________________________________ 5 1. Introduction ________________________________________________________________ 7 1.1. Key questions _____________________________________________________________ 7 1.2. Background ______________________________________________________________ 8 1.3. Field-work interviews ______________________________________________________ 9 1.4. The chapters of the report__________________________________________________ 9 2. The structure of the Gaza government ______________________________________ 11 2.1. The Hamas cabinet _______________________________________________________ 11 2.2. The ministries ___________________________________________________________ 11 2.3. The Palestinian Legislative Council _________________________________________ 12 2.4. The judiciary ____________________________________________________________ 13 2.5. Law enforcement: the new Gaza Police______________________________________ 14 2.6. Local governance ________________________________________________________ 15 2.7. The Hamas movement ____________________________________________________ 16 3. The strained Gaza–Ramallah relationship ____________________________________ 17 3.1. Channels of communication _______________________________________________ 17 3.2. Areas of coordination _____________________________________________________ 18 3.2.1. Medical supplies ___________________________________________________ 18 3.2.2. Patients‟ Referral Committee _________________________________________ 19 3.2.3. Electricity _______________________________________________________ 19 3.2.4. The Tawjihi exam _________________________________________________ 20 3.2.5. Issuing passports __________________________________________________ 20 3.2.6. Hajj pilgrimage to Mecca ____________________________________________ 21 3.2.7. Border crossings __________________________________________________ 21 4. The Gaza economy ________________________________________________________ 22 4.1. Challenges of dependence _________________________________________________ 22 4.2. Hamas responses _________________________________________________________ 23 4.3. The tunnel economy ______________________________________________________ 24 4.4. Taxation ________________________________________________________________ 25 4.4.1. Imports from Israel ________________________________________________ 26 4.4.2. Smuggled goods ___________________________________________________ 26 4.4.3. Tax on services, property and business __________________________________ 26 4.5. Banking and insurance ____________________________________________________ 27 5. Case study I: The Judicial Sector, by Hani Albasoos ___________________________ 29 5.1. Introduction _____________________________________________________________ 29 5.2. Background _____________________________________________________________ 29 5.3. Institutional Continuity or Disruption _______________________________________ 30 5.3.1. Attorney General and Judges Break with the Gaza Government ________________ 31 5.3.2. Reorganizing the Judiciary ____________________________________________ 32 5.3.3. Performance of the Courts ___________________________________________ 33 5.3.4. Inexperienced staff _________________________________________________ 34 5.3.5. The Role of the Palestine Legislative Council ______________________________ 34 5.3.6. No Contact Between Judiciaries in Gaza and Ramallah _______________________ 35 5.4. Coping with Economic Isolation ____________________________________________ 36 5.4.1. Half Salaries for Gaza Judges __________________________________________ 36 5.4.2. The Budget of the Judiciary ___________________________________________ 36 5.5. Hamas Responses ________________________________________________________ 37 5.5.1. Sulha: Traditional Conflict Resolution ___________________________________ 38 5.5.2. Replacing the High Judicial Council _____________________________________ 38 4 | The Public Services under Hamas in Gaza 5.5.3. Training and Education ______________________________________________ 39 5.5.4. Increased Workload After Takeover ____________________________________ 39 5.5.5. Independence of the Judiciary _________________________________________ 40 5.6. The Long-Term Vision of Hamas ___________________________________________ 41 5.6.1. Return to Status Quo Ante ___________________________________________ 42 5.7. Conclusion ______________________________________________________________ 43 6. Case study II: The education sector, by Mkhaimar Abusada and Fakhr Abu- Awwad ______________________________________________________________________ 45 6.1. Background _____________________________________________________________ 45 6.2. Gaza’s Education System under Strain ______________________________________ 46 6.3. Research Questions ______________________________________________________ 48 6.4. Information Collection and Analysis ________________________________________ 48 6.5. Findings ________________________________________________________________ 48 6.5.1. The Ministry of Education and Higher Education ___________________________ 48 6.5.2. Teachers‟ Own Experiences of Their Schools _____________________________ 51 6.5.3. Teachers‟ Comments on Tendencies Towards Islamic Teaching ________________ 53 6.5.4. Teachers‟ Readings of Tactical Change __________________________________ 54 6.5.5. Family Members‟ Views of the New School System: Are the Children Happy? ______ 54 6.6. Conclusion ______________________________________________________________ 56 7. Case study III: The Health Sector, by Mahmoud ElMadhoun
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