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The New PA Constitution
Excerpts of the Draft
By Itamar Marcus
Introduction:
The Palestinian Authority (PA) daily Al Ayyam
published excerpts from the proposed constitution. Some notable points:
Jerusalem is the Palestinian capital.
Palestinian refugees' “return” and their right to compensation is addressed.
A legislative council exclusively aiding Palestinians in so called “exile”
is to be set up.
Different border options are suggested.
Principles of Islamic Sharia law are to form the primary basis of legislation.
Following are excerpts from the draft:
- “…There will be two legislative councils, one of which will represent
the Palestinians in exile…
- …The emphasis will focus upon the Palestinian refugees and their right
to compensation for what has been stolen from them, including land and
property, as well as for their suffering… And the Palestinian state will
monitor the implementation of these rights as sanctioned by international
law…
The proposal offers several versions regarding the boundaries of a Palestinian
state.
In the fourth clause it is written,
- “An independent Palestinian state that has full sovereignty and
territorial continuity, which will not be divided up within its recognized
borders. It will be supported by international recognition as expressed
through all United Nations resolutions on this matter. Anyone within these
borders will be subject to Palestinian law and no other.”
Another proposal is worded as follows:
- “They [the borders-] will be determined according to the will of the
Palestinian people along the lines of what international law dictates for
all peoples in similar situations regarding territorial land, waters and
airspace. This will be in accordance with international law, and its
territory will be continuous without any divisions in the Gaza Strip, the
West Bank and East Jerusalem, within the borders that existed just before
their occupation by Israel on 5
th
June 1967. There will be no compromises on this, and the state will effect
their return through the legitimate means that were established by
international law and UN resolutions regarding other nations.”
A third proposal is:
- “It is suggested that no borders should be specified, because most legal
systems around the world do not determine the borders of a state according
to law.”
In the sixth clause of the council’s constitution, it states:
- “The Arabic language is the state’s official language, and Islam is
its official national religion. The major religions will be respected, and
the state will guarantee to maintain the sanctity of religious sites.”
Subsequently it is written in the seventh clause,
- “The principles of Islamic Sharia law will form the primary basis of
legislation. (There is also the suggested addition of, “according to
legislation that will be instituted by the legislative council.”)
- …It is forbidden to exile any Palestinian from his homeland, and handing
over any Palestinian to a foreign country is also prohibited, unless it is
under the terms of a valid agreement with the Palestinian state. In clause
35 it is written, “A Palestinian may not be extradited for political
crimes, but it is permissible to hand over any foreign political exile…”
- The headquarters of the legislative council will be situated in the
capital of the Palestinian state in East Jerusalem, and it will be able to
assemble in any other place that it decides upon.
- … A law of general mobilization will be introduced under which all of
the national forces will be conscripted for the protection of the homeland
and the rights of its citizens…”
[Al Ayyam, January 20, 2003]
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