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The Case of Palestine

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The Case of Palestine State Building Process: The Case of Palestine Dissertation zur Erlangung des akademischen Grades doctor philosophiae (Dr. phil.) eingereicht an der Philosophischen Fakultät III der Humboldt - Universität zu Berlin von (MPhil; Tariq Mukhimer; 06.01.1973; Rafah, Gaza Streifen, Palästina) Präsident der Humboldt-Universität zu Berlin Prof. Dr. Jürgen Mlynek Dekan der Philosophischen Fakultät III Prof. Dr. Gert-Joachim Glaeßner Gutachter: 1. Prof. Dr. Gert-Joachim Glaeßner 2. Prof. Dr. Hellmut Wollmann Tag der mündlichen Prüfung: 13 July 2005 Acknowledgement This dissertation was written under the supervision of Professor Hellmut Wollmann, Department of Political Science & Public Administration, Philosophischen Fakultät III, Humboldt University- Berlin. I wish to express my sincere gratitude to him for his suggestions and comments throughout all stages of the dissertation. My close friend Mr. Raji Sourani, Director of the Palestinian Centre for Human Rights, was from the very beginning of great material, logistic and psychological backing. He was always there and never left me alone. To him and his staff who did not hesitate to offer me all forms of help, deep thanks. My brother Hamada, Emad, and my mother Fatima, who beard the intolerable burden during my writing of this dissertation, as well as my best friend Asa’ad Ashour, were always in support. To them warm love. The Deutscher Akademischer Austauschdienst (DAAD) was the main institution which rendered me financial help and support at the various stages of this dissertation. Without its help and support, this dissertation would not see the light. This fact alone merits all my gratitude. To the memory of my father Musbah, and my brother Musa, this dissertation was written. Tariq M. Mukhimer Berlin, on 9 April, 2005. GLOSSARY AE: Arab Executive. It evolved from MCA in 1920 to lead the Palestinian resistance against the Jewish immigration to Palestine in 1920s. AHC: Arab Higher Committee. It was set up in 1936 to steer the Great Revolt (1936-1939). ANU: Arab National Union. It formed the formal grassroots institution in support for Nasser regime during 1950s, and early 1960s. ARC: Agriculture Relief Committees. B’Tselem: Israeli Information Centre for Human Rights in the Occupied Territories. CEC: Central Elections Commission. CPRS: Centre of Palestine for Research & Studies. DCO: District Coordination & Cooperation Office. DFLP: Democratic Front for the Liberation of Palestine; a PLO faction, and opposes Oslo process. DOP: Declaration of Principles. EU: European Union. Fatah: The reversed Arab acronym of the Palestinian National Liberation Movement. FIDA: The Palestinian Democratic Party, a DFLP’s splinter group led by Yassir Abed Rabu and supports Oslo process. GMC: General Monitoring Commission. Hamas: the Arab acronym of the Islamic Resistance Movement, a radical non-PLO organization, and opposes Oslo process. HCPF: Higher Council for Policy Formulation, ministry of Social Affairs. HRDD: Human Resources Development Directorate, ministry of Health. HSC: Health Services Council. IDF: Israeli Defense Forces. JDEC: Jerusalem District Electricity Company. It was founded in 1959 to supply the main cities of the West Bank with electricity. JEC: Palestinian-Israeli Joint Economic Committee. JMCC: Jerusalem Media Centre & Communication. LAW: Palestinian Society for the Protection of Human Rights and Environment. MCA: Muslim-Christian Association. It was founded by Palestinians in 1918, to express opposition for Belfour Declaration, and was headed by Musa Kazim El Husayni. MoH: Ministry of Health. MOPIC: Ministry of Planning and International Cooperation. OPT: Occupied Palestinian Territories. It denotes the West Bank (including East Jerusalem) and Gaza Strip. PA: Palestinian Authority. PCHR: Palestinian Centre for Human Rights. PECDAR: Palestinian Economic Council for Development and Reconstruction. PFLP: Popular Front for the Liberation of Palestine, a PLO faction, and opposes Oslo process. PHC: Palestinian Health Council. PHIC: Palestinian Health Information Centre, MoH. PIF: Palestinian Investment Fund, ministry of Finance. PLC: Palestinian Legislative Council. PLO: Palestinian Liberation Organization. PMA: Palestinian Monetary Authority. PNC: Palestinian National Council, the PLO’s legislative body. PNF: Palestinian National Front. It emerged in OPT in 1970s as a PLO affiliated political institution. PNSC: Palestinian National Security Council. PRCS: Palestinian Red Crescent Society. SMC: Supreme-Muslim-Council. It was founded by British manadte in December 1921. The goal was to enable Palestinians to manage their religious affairs. Amin El Husayni, the Mufti, was appointed as head of it. UHCC: Union of Health Care Committees. UHWC: Union of Health Work Committees. UN: United Nations. UNHRC: United Nations Human Rights Commission UNLU: Unified National Leadership for the Uprising (it steered the first Intifada 1987-1993) UNRWA: United Nations for Refugees and Working Agency. It was founded in December 1948 in response to Palestinian refugees crisis. UPMRC: Union of the Palestinian Medical Relife Committees. VAT: Value Added Tax. VIP: Very Important Person. WBGS: West Bank & Gaza Strip. TABLE OF CONTENTS INTRODUCTION 3 NOTE ON THE METHODOLOGY 7 CHAPTER I: THE STATE 12 THEORETICAL FRAMEWORK AND ARAB STATE 12 THE MARXIST PERSPECTIVE VERSUS THE WEBERIAN ONE 13 The 20th Century’s State Theories 15 Towards an Advanced Definition of the State 17 STATE IN THE ARAB WORLD 21 The Post-Colonial Arab State: A state against Society 26 RETHINKING THE ARAB STATE 38 CHAPTER II: THE PALESTINIAN AUTONOMY 45 HISTORICAL OVERVIEW 45 PALESTINIAN AUTONOMY UNDER BRITISH MANDATE 49 THE GAZA STRIP’S AUTONOMY UNDER THE EGYPTIAN RULE 60 THE POLITICAL IMPLICATIONS OF WEST BANKERS UNDER JORDANIAN RULE 64 Local Government in the West Bank, Under Jordanian Rule 67 PALESTINIAN AUTONOMY UNDER ISRAELI OCCUPATION 72 The 1972 Municipal Elections 76 Israel’s Policy of Non-Intervention: The Path Toward Political Mobilization 78 The 1976 Municipal Elections: PLO Factions Rise to Office 84 Palestinian Local Autonomy under the Likud Government: Toward a Bottom-Up Model 88 THE FIRST INTIFADA (1987-1993): PALESTINIANS ATTACH FURTHER THEMSELVES TO GRASSROOTS INSTITUTIONS 100 CHAPTER III: GAINING AUTONOMY THROUGH OSLO 107 ON THE PEACE, THE PEOPLE, AND THE AUTHORITY 107 THE BACKGROUND BEHIND AND RISE OF THE PA 107 BETWEEN A ROCK AND A HARD PLACE: THE PA’S SEARCH FOR LEGITIMACY 121 THE DETACHMENT OF THE PA FROM SOCIETY: THE PA AGAINST CIVIL SOCIETY 135 THE PA MODE OF GOVERNANCE: TOWARD A NEOPATRIMONIAL SYSTEM 148 CHAPTER IV: THE PALESTINIAN LEGISLATIVE COUNCIL (PLC) 167 THE INCOMPLETE DEMOCRACY 167 THE 1996’S PALESTINIAN ELECTIONS 170 THE PLC: TOWARD A PARLIAMENTARY INSTITUTION 176 THE BASIC LAW, THE LAW OF JUDICIARY, AND THE NGOS LAW: UNSUCCESSFUL ATTEMPTS TO COMBAT ARAFAT’S NEOPATRIMONIAL SYSTEM 180 ON THE BUDGETARY CONFLICT BETWEEN PLC AND PA 185 PLC’S WEAKNESS VIS-À-VIS PA: FACTORS AND CONDITIONS 190 THE TASKS OF MONITORING AND ACCOUNTABILITY: THE PLC AS CLIENT FOR PA 194 PLC: LOOSING LEGITIMACY 201 CHAPTER V: THE OSLO AUTONOMY 207 A FUNCTIONAL PERSPECTIVE 207 THE RISE OF THE PALESTINIAN BUREAUCRACY: CHALLENGES AND PARAMETERS 211 1 The Palestinian Bureaucracy: Legal Dimension 218 THE PALESTINIAN BUREAUCRACY: INSTITUTION BUILDING - A FUNCTIONAL PERSPECTIVE 221 The Palestinian Ministry of Health (MoH): Does it make a Difference? 227 The Palestinian Ministry of Education: A New Chapter in the Educational Life of Palestinians 246 The Palestinian Ministry of Social Affairs: Ineffective Social Security Scheme 254 THE PALESTINIAN BUREAUCRACY: FEATURES AND CHARACTERISTICS 264 THE LOCAL GOVERNMENT SYSTEM UNDER THE PA: TOWARD A CLIENT MODEL OF LOCAL AUTHORITY 270 The Local Government System: Electoral Perspective 276 The Local Government System: The Status Quo 279 The Local Government System: A Failed scheme for Supplying Utilities 282 THE OPPONENTS’ PARA-STATE INSTITUTIONS: TOWARD A GRASSROOTS MODEL 286 The Islamic Society 287 El-Salah Islamic Association 290 The Friends of Martyrs Society 292 Union of Heath Work Committees (UHWC) 294 CHAPTER VI: THE AL-AQSA INTIFADA 297 THE STRUGGLE FOR REFORM 297 THE REFORM: BETWEEN A PALESTINIAN VISION AND AN AMERICAN-ISRAELI ONE 302 REFORM: ARAFAT’S BOW TO THE “WINDS” 311 ABBAS' GOVERNMENT: BETWEEN THE PALESTINIAN AND ISRAELI TRAPS 317 THE “POLITICAL MAP” OF SHARON: ISRAEL’S SEPARATION WALL 324 QRIEH'S GOVERNMENT: IN LINE WITH ARAFAT’S WILL 328 SHARON’S UNILATERAL STEPS: TOWARDS THE GAZA DISENGAGEMENT PLAN 332 THE PA: LOOSING AUTHORITY 338 AFTER ARAFAT’S DEPARTURE 345 CONCLUSION 355 BIBLIOGRAPHY 359 2 Introduction Identifying the elements of state building in Palestine is one of the most difficult challenges that might be confronted by any scholar or researcher. Historically speaking, Palestine was subjected to various rules and regulations that made a huge impact on the socioeconomic and political structure of the country. Ottomans, British, Jordanians, Egyptians, and finally Israelis -all of them alike- attempted to leave complex legal and structural systems designed to promote their interests over those of the Palestinian population, often whilst simultaneously trying to maintain the façade of helping the Palestinians. When the Palestinian Authority (hereinafter PA) was established on the Gaza Strip and West Bank (hereinafter WBGS) one of its main challenges was how to deal with this debilitating heritage whilst promoting institutions and institutional capacity building, both of which
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