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Home , Beit Hanoun, Gaza City, Palestinian territories

UCLG COUNTRY PROFILES

Palestinian National Authority

(ةينيطسلفلا ةينطولا ةطلسلا)

Capital: Inhabitants: 3.900.000 (2008)

1. Introduction turn of the 20th century. After the State of was formed in 1948, the was administered by the Hashemite Kingdom of , while the was under Egyptian control. In 1967, as an outcome of the second Arab-Israeli war, Israel occupied all of the West Bank and the Gaza Strip, and annexed East to its territory. The Liberation Organisation (PLO) organised Palestine comprises two geographical resistance to the occupation from outside regions: the West Bank (5,842 km²) and the Occupied Territories under the aegis of the Gaza Strip (365 km²). The two regions its President, . In the West have been separated by the State of Israel Bank and the Gaza Strip, his ideas were since 1948. relayed by mayors, directors of the

Chambers of Commerce and Industry, In 2000, Palestine’s population was 3.2 union and associative officials and religious million: 1,840,000 inhabitants in the West leaders. Bank, 1,120,000 in the Gaza Strip and

228,000 in . is the When the peace agreements known as the most populated agglomeration (353,632 were signed between the inhabitants), far ahead of the two main State of Israel and the PLO on 13 towns of the West Bank, and September 1993, this signaled a major , which have around 100,000 political turning point for . They inhabitants each. Population density is hoped that through these agreements they much greater in the Gaza Strip than in the would obtain a State and put an end to the West Bank, as urban development is more occupation of their land. To this effect, the advanced and it covers a narrower area. agreements set out withdrawal measures The Gaza Strip houses a large refugee and the redeployment of the Israeli army, population, however, living in camps as well as the transfer of power to the administered by UNRWA, the United Palestinians. Nations Agency charged with providing services to . A new political institution–the Palestinian

Authority–was put in place. This was the Following rule by the in country’s first experience of a truly the 19th century, Palestine came under national political structure. It led to the British military and political control at the UNITED CITIES AND LOCAL GOVERNMENTS COUNTY PROFILE: PALESTINE creation of ministries, the establishment of separation has existed between the Gaza a police force, the election of a Parliament Strip, which is isolated in international (the Legislative Council) and a President in terms as it is controlled by Islamists, and 1996, and also the appointment of a the West Bank, which is more or less back government. The Palestinian Authority under ’s control. holds mainly civil powers (education, health, justice, taxation, agriculture, Municipalities in Palestine are very old industry, etc.) over populations in the West institutions which existed prior to the Bank and the Gaza Strip. establishment of an indigenous political centre in the Territories. They were On the territorial level, implementation of gradually established in waves from the the Oslo Accords led to the process of second half of the 19th century onwards, dividing up the Territories. The West Bank and were the only authorised political was split into three zones with distinct institutions during the period of Israeli legal status. These zones do not have any occupation (1967–1993). During the 1970s territorial continuity, as they are riddled and 1980s and at the time of local with more and more colonies, by-pass elections held in the West Bank (in 1972 roads (for Israelis only) and Israeli military and later in 1976), these institutions were blockades. Since 2002, fragmentation of important arenas for the national struggle, the land has worsened due to the walls so Israeli State leaders tried to promote built in and/or around Palestinians towns, alternative leadership to the urban elite by including Jerusalem. co-opting important figures in the campaigns. They also launched repressive The Gaza Strip has been separated from policies with regard to nationalist mayors, the rest of the since who were asked to resign, forcibly 1993. Israel’s withdrawal from the Gaza removed, deported and exiled or became Strip in August 2005 did not change the victims of assassination attempts. situation. The land, air and sea of Municipal councils in Palestine also this part of Palestinian territory remain progressively lost their elected members. Israel’s responsibility. In this way, during the (1987–93), the Palestinian national The fact that land issues have not been leadership urged people to create local resolved was largely the cause of the alternatives to the municipal structure. The resurgence in armed violence between the popular committees that emerged two sides and sparked the organised the distribution of supplies and in September 2000. Palestinian attacks on services in local neighbourhoods. Israel and the Tsahal bombardments of Palestinian towns have increasingly Since the Palestinian Authority was represented a kiss of death for the Oslo established in 1994, it has attempted to Accords. resurrect municipal institutions, and a series of decentralisation measures were Since Islamists took power in January adopted with this in mind. The 1997 Law 2006, the Fatah political faction, which on Local Issues meant that the legal started the national movement, has been framework for local government could be sidelined from the management of political unified and that the various legal pieces of affairs. The economic situation has become documentation in place could be simplified, even more critical as major sponsors have streamlined and standardised. Until this decided to cut supplies to the point, various legislations from the government. Since June 2007, political Ottoman, British, Egyptian and Jordanian

II UNITED CITIES AND LOCAL GOVERNMENTS COUNTY PROFILE: PALESTINE periods overlapped, without taking the “introduce” the private sector into public many existing Israeli military decrees into service provision to ensure that they are account. managed profitably. does not give a preference for one or any of The role of the Oslo Accords was to these definitions. establish a State structure, and the main functions that ought to refer to “local” issues were in agreement. Municipalities 2. Territorial Structure were seen first of all as a form of institutional and territorial support for the 2.1 Structure and role of local authorities new political centre. They were later seen as units that contribute to local economic There are three levels of government in development. Lastly, they were seen as Palestine: central, regional (muhafaza) and potential arenas for experimenting with municipal. democracy. The Law of 1997 uses the terms “local With the arrival of Yasser Arafat in the government”, “local units”, “municipalities” Territories (1994) came many legal and and “village councils”, but it does not use institutional changes relating to local the term “decentralisation”. On the other affairs. hand, internal documentation from the Ministry of Local Government and main At the central level, a Ministry of Local financial sponsors make many references Government (MLG) was established in to it. 1994. Its role is to provide the local administration system with a new legal Four different concepts of decentralisation framework. Two laws were adopted: the have emerged on the political scene since Law “on the Elections of Local Palestinian the establishment of the Authority. The Councils” of December 1996 and the Law first refers to “decentralisation” as the “on Local Issues” of September 1997. process of decentralising political powers that allow the recently-formed State to At the same time, fourteen governorates exercise control over local institutions and (or muhafazas) were established to replace personalities. This point of view is held the Israeli administrative regions. There mainly by security structures and State were nine in the West Bank (Nablus, representatives in the governorates. The , Tulkarem, , , second concept links “decentralisation” and Ramallah, , Hebron and municipal autonomy. Supported by elected Jerusalem) and five in the Gaza Strip officials, this turns proximity into proof of (North Gaza, Gaza City, Deir al-Balah, genuine involvement and quality services. Khan Younis and ). There are two The third trend considers “decentralisation” governorates in other areas, which have as a way to promote intermunicipal “autonomous district” status (Toubas and structures with a view to developing local ). autonomy. Advocated by the Minister of Local Government, it links the importance Finally, many “new municipalities” (al- of building of a State with a democratic baladiyyat al-jedida) have been set up. vision for the future. Lastly, the fourth idea They are either made up of old village sees “decentralisation” as part of the councils or areas that were not previously “privatisation” process. This concept is held legally recognised. They join the 31 “old by technical administrations (the water municipalities” (26 in the West Bank and 5 board, the electricity board) that aim to in the Gaza Strip). In total, there are 74

III UNITED CITIES AND LOCAL GOVERNMENTS COUNTY PROFILE: PALESTINE municipalities (63 in the West Bank and 11 but there were also rumours, and no voting in the Gaza Strip). There are also 368 ever took place. The authorities cited the village councils. ongoing Israeli occupation as the reason for the delay, but there were certainly There are no overall statistics available for some concerns over an Islamist victory. local authority budgets. Instead, Yasser Arafat appointed mayors and municipal councillors in consultation 2.2 Administration of the capital and the with the “clans” (or hamulas) of each issue of the constituency. He unseated candidates thought to be linked with opposition parties Palestinians claim East Jerusalem as their (whether they were leftists or Islamists) capital, and it has been recognised de jure and officials in his party whom he as belonging to them by the United considered too rebellious. This Nations, but Israel annexed it in appointment policy led to most mayors 1967 and its status remains uncertain. being seen as government “henchmen” in Since the Oslo Accords were signed, the the eyes of the people. city has become more and isolated from the rest of the Palestinian Territories. The election of as head of Ramallah and Gaza City are seen as the the Palestinian Authority in January 2005 two centres of the bureaucratic and led to a certain level of democratisation political system being developed. within Palestinian institutions. Municipal elections were organised in stages between December 2004 and December 2005, apart 3. Local democracy from in Gaza City and Hebron. These elections led to a victory for Hamas; 3.1. The local political system particularly in large agglomerations. 3.1.1 Political parties and local elections 3.1.3 The electoral system The establishment of municipal groups in The Law on Local Elections of December Palestine has traditionally responded to 1996 states that the election of municipal two major issues: representing clans (or councillors take place by means of one hamulas) and creating, maintaining and round of single-member voting. The strengthening client networks. After all, number of seats within the municipal supporting a political party is an important council depends on the number of issue because municipal elections are the inhabitants on the electoral roll. The large only elections that the opposition parties Palestinian towns (Qalqilya, Bethlehem, (Hamas, Islamic Jihad and PFLP) would like Rafah, , etc.) have 15 seats; to have take place, according to the Oslo medium-sized towns (, Beit process. Sahour, etc.) have 13 and small towns have 8. 3.1.2 Municipal elections The mayor is elected by the municipal council. When Yasser Arafat arrived in the All persons residing in the municipal area Territories, there was a strong demand for can vote, as long as it is their permanent local elections. There had not been any residence or their place of work, but the election of this type in the West Bank since law makes no provision for refugee voting. 1976 and in the Gaza Strip since 1934. By A tacit agreement between the Ministry of 1997 there were various official Local Government and pro-refugee announcements about holding elections, organisations (July 1997) makes a

IV UNITED CITIES AND LOCAL GOVERNMENTS COUNTY PROFILE: PALESTINE distinction between the West Bank and the In the refugee camps, there are popular Gaza Strip. In the Gaza Strip, refugees can committees that serve as cogs in the participate in municipal elections mechanism between inhabitants and the regardless of their place of residence. In various authorities (UNRWA, PLO and the the West Bank, on the other hand, even Palestinian Authority). For the most part, though refugees “from towns” (meaning representatives of these popular living within community boundaries and committees are elected officials. paying local taxes) can vote, refugees “from camps” are excluded in order to Mukhtars were established by means of an retain their right to return to their country Ottoman law in 1864. Today, they still of origin (Israel). exist in certain settled villages, Amendments to the electoral law in 1996 but are not legally recognised. Mukhtars were introduced by decree just before the are village chiefs who traditionally 2005 municipal elections took place. The represented their tribes or clan before the most notable amendment established a central authority. quota for female representation: from hereonin, at least two women must be During the period of Israeli occupation, elected by the council, regardless of their certain mukhtars were turned into size or constituency. A presidential decree instruments by the Israeli authorities, in March 2005 also set a confessional which granted building permits or quota for areas that historically had a approvals of family gatherings in exchange Christian majority (Ramallah, Bethlehem, for information on resistance fighters. , Beit Jala). Finally, the These mukhtars were seen as being too registration of candidates by list was close to the occupying forces, and many of established for the first time in May 2005. them were forced to step down during the The vote remained a single-member vote, first Intifada or were assassinated. In however. 1993–94, Yasser Arafat appointed many mukhtars by decree in order to make a 3.1.4 Opinions of the population on local mark on rural areas, the majority of which and national elections were still under Israeli control.

The University of Birzeit’s laboratory research Development Studies Programme 4. Relations between local and regularly carries out opinion polls on central powers Palestinian politics. According to these polls, municipal elections are awaited much 4.1 General issues more eagerly by the people than legislative and presidential elections, with presidential Since 1996, a Legislative Council with the elections attracting the least enthusiasm. power to legislate on local authorities has been in place. 3.2 Turnout rates The President of the Palestinian Authority In 2005, the turnout rate for municipal can also make decrees at this level. Many elections was 82%, with highs of over decrees relating to local issues under 98%. In comparison, the turnout rate for Yasser Arafat’s presidency were in fact legislative elections was 71% in 1996 and dispensations negotiated by mayors for the 50% in 2005. benefit of their towns.

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The Ministry for Local Government is councillors and municipal councils must be represented in the capital of each district. approved–and then ratified–by the Minister The Law on Local Issues of 1997 sets out of Local Government. It also gives the the prerogatives and areas of activity for Minister the power to grant authorisation mayors without specifically establishing to municipal councils to dismiss their their hierarchical and/or coordinational members in cases of misconduct. relationships with the central authority. Services with particularly high investment The law does not establish powers given to and depreciation costs (water, public regional authorities (muhafez) either, nor hygiene, electricity, but also household does it provide for the nature or attributes waste) have specialised national agencies of relationships linking them with mayors whose prerogatives are set by presidential and municipal councils. The law does not decree. Their existence implies the arrival set out the authority given to district of the private sector in managing governors, nor their areas of work. These accounting and local public services, which gaps in legislation are at the root of many is seen as a guarantee of efficiency. conflicts of power in terms of how powers Mayors are opposed to such structures and responsibilities are distributed. being implemented as they threaten their powers of initiative and affect part of their In the absence of a State, there is no financial income. Palestinian in the true sense of the term. However, an important law was Joint Service Councils (JSCs) are adopted in Parliament in 1997. Article 76 intermunicipal coordination bodies that of this law, which was dedicated to local manage local public services, but they government, states that the country should come under the control of the Ministry of be divided into administrative units with Local Government and are organised by legal status, and that their powers, law. They have sparked hostility from responsibilities, financial resources and mayors in large towns as they feel it may relationships with the central authority lead to a loss of control over their rural should be established by law. It also states hinterland, as well as part of their financial that division into administrative units revenue. However, mayors of rural should take the number of inhabitants per communities hope it will bring them square kilometre into account. However, improved public services. we cannot speak here of constitutional guarantees on local autonomy. 4.3 Protecting local interests

4.2 Power of control over local authorities There are no legal mechanisms to protect local interests. The Law on Local Issues of 1997 is not clear with regard to the central authority’s Where conflicts of interest occur, each methods of control over local authorities, party seeks to defend its case before the aside from financial and budgetary issues highest political authority by means of (see. VI.1.a.). well-connected intermediaries (deputies, In Palestine there are no court of law governors, ministers, top police officials, procedures to dismiss, revoke or disband members of the PLO’s executive municipal councils. Any such procedures committee, etc.). This therefore involves a would depend more on the trusteeship series of particularly personalised local authority of each municipality. The Law on allegiances. Local Issues of 1997 provides that the resignations of mayors, municipal

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The Association of Palestinian Local urban areas. However, they cannot carry Authorities (APLA) was established in June this out across all of their territory. In fact, 1997. It has three objectives: in many cases (water and electricity - to defend the collective interest of local networks, building permits, localising authorities municipal waste, road planning, etc.), the State of Israel retains control over land - to train municipal staff within or on the edges of municipal - to provide information for elected borders. In order to intervene, municipal officials authorities have to obtain authorisation It has four committees: legal affairs, from the Israelis. Moreover, the long and financial affairs, public relations and costly process of allocating permits often development projects. results in refusal.

5. Local powers and responsibilities 6. Financing for local authorities

The Law on Local Issues of September 6.1 Revenue 1997 lists 27 areas of activity relating to 6.1.1 Fiscal powers municipal powers and responsibilities, including: producing driving licenses, On financial issues, the Law of 1997 regulating businesses and industries, town establishes the central authority’s strong planning and approving budgets. control over local authorities. Municipalities are therefore not allowed to independently In theory, local authorities have modify the rates of taxation or the discretionary powers in various areas in schedule for fixing price scales for their accordance with the Law on Local Issues of services. All price or rate amendments 1997. This is particularly the case in terms must be approved by the central authority. of town planning. Mayors can demand fines In addition, municipalities do not have the for illegal construction or order the power to freely decide to create new or demolition of a building constructed supplementary taxes. In order to do this without a permit. In reality, however, most they must obtain authorisation in advance mayors do not have the means to enforce from their supervising ministry. this authority. In fact, according to the Oslo Accords, the Palestinian police force is The municipalities’ own financial income only authorised to operate freely within largely relies on the payment of invoices large agglomerations in the West Bank and linked to water and electricity provision, as the Gaza Strip. Everywhere else, well as tax payments on building permits. particularly in small towns and rural areas, These are unpredictable resources as they mayors have to ask the Israeli army for the are linked to the economic situation, which right to turn to the Palestinian police to itself depends largely on the political enforce the law. In addition, they find it situation. Collection rates are particularly hard to submit themselves morally to this low. There are also (low level) taxes on obligation because it reminds them, and household waste and maintaining local the inhabitants, of the time of occupation. public buildings (libraries, gardens, slaughterhouses, markets, etc.). Since the creation of the Palestinian Authority, mayors have obtained the right In general, the financial situation for to develop and renovate large municipalities is very poor. There are infrastructure, as well as refitting their sizable differences between towns,

VII UNITED CITIES AND LOCAL GOVERNMENTS COUNTY PROFILE: PALESTINE however. Since the second Intifada started 6.1.4 Other taxes and resources in September 2000, the financial situation in towns has only got worse. Many of them Many small municipalities in rural areas have very large debts. live off donations from the residing abroad. There is no 6.1.2 Budgetary allowances statistical information that allows us to assess the level of these types of financial The general lack of statistical data in transactions, but it is proportional to that Palestine does not allow us to assess either of international aid. the average municipal budget, nor determine the distribution of different 6.2 Personnel management types of local fiscal income. The proportion of direct financial resources for According to statistics from the Ministry of municipalities appears modest according to Local Government, 6,339 Palestinians were the global municipal budget, however. working in local administrations in 1999. The municipalities of Gaza and Nablus have The Law of 1997 also provides that a the greatest number of employees. sizable percentage of municipal resources be covered by transfers from government There are three levels of hierarchy within funds. These funds are money from taxes municipal administrations: civil servants, collected by central authorities on behalf of contract personnel and labourers. There municipalities (such as land taxes, taxes on are also many foreign experts that form an combustibles, road taxes and trading integral part of these technical teams on licenses for businesses and industrial assignments of varying lengths. activities). However, these transfers only represent 15% of revenue (UNDP, 1999). During the first few years of the Palestinian In fact, the Palestinian Authority does not Authority, financial backers emphasised return all the money that it collects on the lack of training of municipal staff, as behalf of municipalities. In 2002, the well as the absence of a merit-based situation changed slightly, in the sense tradition of recruitment or advancement. that the Palestinian Authority agreed that Changes to recruitment methods raised a mayors could collect combustibles and road major social issue, however. What should taxes on their behalf. be done about people who have little or no qualifications? The issue of recruitment has 6.1.3 The role of foreign revenue taken on a position of major political importance. Municipal employees in fact Since the Oslo Accords were signed, represent a loyal electorate. international aid has made up 90% of municipal and village council investment budgets. These funds are allocated principally to construction projects and to regenerate large infrastructure (water, electricity, roads). The and the are the two major financial backers of urban areas. The UNDP is mainly involved in rural areas. Municipalities are also largely dependent upon bilateral technical aid (from the US, Japan, Germany, Italy, etc.).

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Nevertheless, what remains unknown is 7. Conclusion the opinion of the international community regarding the new local elected Municipal authorities in the West Bank and representatives. Since January 2006 and the Gaza Strip operate in a climate where the establishment of a Hamas government, power is centralised and Israeli domination Western sponsors are hesitant to continue is widespread. This situation marginalises activities in partnership with the Palestinian local powers. There are differences, Authority. however, between “old” and “new” municipalities in the eyes of the central Aude Signoles, authorities, in terms of their level of University of Paris, 1 Panthéon-Sorbonne autonomy with respect to the central authority as well as the level of their own financial capacities.

The start of the second Intifada confirmed Israel’s ongoing involvement in determining relationships of local power on the one hand, and signalled that the Palestinian Authority’s power is weakening and its activities are becoming more confined on the other. It has led, eventually, to de facto autonomy for local powers, which have increasingly replaced the hub of the Palestinian State, but whose possibilities for action are limited by a lack of resources and the presence of the Israeli Army.

The high level of Palestinian involvement in the lead-up to the 2005 municipal elections and the fact that all political powers participated in the ballot proves that municipalities have (again) become key institutions in the hierarchy of political power and the daily life of the people. On the other hand, Hamas’s victory in these elections shows that the people view the local arena as a way to assert their identity and as a supposed means of protection against Israeli aggression. In this way, this institutional platform, which has a historical dimension, is taking (back) its archetypal position as “defender of the nation”, although in reality its role is more that of “state-builder” for the ruling Fatah elite.

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