Many Palestinians see the latest actions of their president as being in conflict with the constitution, writes Michael Jansen.
The Palestinian political crisis deepened yesterday with the swearing in by president Mahmoud Abbas of an emergency government in Ramallah in the West Bank. Distressed Palestinians found themselves facing a military takeover by Hamas in Gaza and a political coup d'etat by Fatah in the West Bank.
The new 12-member cabinet, headed by Salam Fayyad, an internationally respected banker, contains Fatah affiliates, members of other secular parties, and independents rather than technocrats.
The formation of this cabinet by Mr Abbas, who heads Fatah, amounted to a swift rebuff of the call for a meeting issued on Saturday by Khaled Mishaal, chief of the Damascus-based Hamas politburo, and the Arab League foreign ministers' appeal to the sides to resolve their differences through dialogue. Mr Abbas solidified the rift with Hamas by outlawing its Executive Force security agency in Gaza and its paramilitaries.
Political figures and legal experts hold that Mr Abbas has gone beyond the legal limits by suspending specific articles of the Basic Law, the Palestinian constitution, and ruling by decree. Acting parliamentary speaker Ahmad Bahar pointed out that under the Basic Law, Mr Haniyeh's dismissed unity government should remain as caretaker until a new cabinet is formed and secures a vote of confidence from parliament. Each minister must also be approved by the legislature. Mr Bahar stated the Basic Law provides for a state of emergency but not an emergency government.
Mr Bahar warned that Mr Abbas's decrees constitute "the most dangerous violation of the rule of law . . . This violation could lead to the collapse of the whole legislative system in Palestine."
Constitutional lawyer Shawqi Ayasa said, "the president can dismiss the prime minister and the government, and the prime minister cannot refuse his dismissal". Under Article 7, the president also has the right to impose a state of emergency for 30 days but that article also limits the prerogatives of the president. "He cannot disband the [ Palestinian Legislative Council] which is what, in effect, he has done by ignoring it. And he has to obtain two-thirds approval of the council to extend the state of emergency beyond 30 days."
Fatah itself is not united behind Mr Abbas. The movement's Young Guard, led by Marwan Barghouti, the most influential prisoner in Israeli jails, is not convinced of Mr Abbas's policies, while Ahmad Hilas, a senior Fatah leader in Gaza, insists on dialogue. Abdel Bari Atwan, editor of Al-Quds Al-Arabi, a London-based Palestinian daily, wrote that people critical of Mr Abbas claim he is swayed by the advice of "advisers who are disconnected from reality".
Lamis Andoni, a leading Palestinian commentator, accused Mr Abbas of "being complicit in isolating Hamas and starving a big section of the Palestinian people" - the 1.4 million who live in Gaza. She said Palestinians are paying a high price because their national liberation movement can neither create a state nor govern effectively.
Although Mr Abbas's actions and the emergency cabinet have been approved by the US, Israel, Europe and pro-western Arab governments, Ms Andoni said he risks being seen as a "puppet". Mr Abbas has adopted a hard rather than a conciliatory line towards Hamas because of international persuasion and Fatah pressure.
Palestinians expect Mr Abbas to continue with his hard line toward Hamas, the emergency cabinet to obtain broad external recognition, financial support to be extended to the West Bank only, and the siege of Gaza to be tightened with limited amounts of humanitarian aid being allowed to enter the strip. Hamas could respond by launching rockets into southern Israel and organising a destabilisation campaign in the West Bank.
Analysts argue that punishing innocent Gazans is certain to backfire and could precipitate strife in the West Bank and the refugee camps of Jordan and Lebanon.