Thursday, February 12, 2009

The Calmness Agreement Report - Continued - Hamas and the Presidential Elections

Hamas and the Presidential elections

It is well known that President Mahmoud Abbas' PA presidency period expires on 9/1/2009, unless this period is extended for one year, according to the legal explanation of the head of the legal and legislative bureau in Ramallah, AbdelKareem AbuSalah (on 23/6/2008), to match with the date of the PLC elections on 25/1/2010, and thus to have the elections of the presidency and PLC simultaneously.

Ahmed Bahar (vice chairman of the PLC) rejected this explanation, according to the Hamas head of the legal and legislative bureau, Mohammed Aabed (on 24/6/2008). Mr. Bahar considered the explanation of Mr. AbdelKareem AbuSalah illegal and he declared that Hamas would not consider AbuMazen as the president of PA after the date of 9/1/2009, adding that in case of there being no presidential elections before that date, the Chairman of the PLC should take the place of the PA President for 60 days, according to the constitution, and presidential elections should take place after that. Being the vice chairman of PLC, Ahmed Bahar considered himself in that case the new president, while the Chairman Dr. Aziz Dwaik was still imprisoned by Israel. Dr. Ahmed Bahar also declared that Hamas would delegitimize AbuMazen as the PA president after the end of his period, and would not accept his decrees and orders in the PA, especially in the Gaza Strip, as long as the situation of disputes and separation between Gaza and West Bank continued.

Egypt, with the full support of the Arab league, was doing its best to succeed in its efforts to having a fruitful dialogue and accord between Fatah and Hamas before 9/1/2009, to avoid any further disputes and continuing political as well as geographic separation between the West bank and Gaza.

It seemed that Hamas was delaying any dialogue and reconciliation with Fatah in order to gain more power, by occupying the PA President position, while according to the constitution the present President and PLC should announce new presidential elections 3 months prior to the planned date, i.e. President Mahmoud Abbass should have announced new elections on 9/10/2008. Hamas thus assumed to be in a stronger position with control of the Gaza Strip and the PA Presidency in any upcoming negotiations with Fatah.

Israel considered that when the PA president would be from Hamas after 9/1/2009, they may use force against Hamas (Debka web-site on 8/9/2008).

On the eve of the departure of the Hamas delegation for the dialogue with the Egyptian officials, the PLC in Gaza held a special session on 6/10/2008, which was attended by Hamas members only, supported with letters of attorneys from their colleagues from the West Bank, and others in the Israeli jails. A statement was published after the session declaring the following :
• The PLC will not give a mandate to PA President Mahmoud Abbas after 9/1/2009, after spending 4 years in this position. following the Palestinian basic law (constitution).
• The PLC will never accept early elections for the PLC. It should continue until 25/1/2010.
After the closing of the session and in an interview with BBC-Arabic TV, Dr. Ahmed Bahar declared that on the eve of 9/1/2009, the PLC will appoint the chairman of the PLC, Aziz Dwaik (who is imprisoned by Israel), if freed, or his deputy Dr. Ahmed Bahar as the PA president for 60 days before launching new presidential elections. Furthermore, the PLC will prolong this period if the situation in Palestinian Territories permits that.

It is worth mentioning that according to the Haaretz news paper of 30/11/2008, Israel will free most of the Hamas PLC imprisoned members within the next year 2009.

On Sunday 23/11/2008, the Palestinian Central Council, at its meeting held in Ramallah, had unanimously elected Mahmoud Abbas as the president of the State of Palestine, to be the successor of the late President Yasser Arafat, who was elected on 30/3/1989 as president (which was declared in the Algeria conference on November 1988). This post has remained vacant since the death of President Arafat In November 2004.

Credible Palestinian sources said that Abbas intended to organize presidential and legislative elections in April 2009 and would make an announcement in a presidential decree to be issued soon.

The London daily Al-Hayat quoted these sources as saying that Abbas discussed the elections at the end of his term with a number of Arab leaders, including Syrian President Bashar al-Assad and vowed to not run for a second term, adding that he wanted to deliver the position to the newly elected President. Palestinian sources indicated that countries such as Syria advised him to organize elections in August or September 2009, but President Abbas decided to organize it in April and issue a presidential decree as soon as possible, as confirmed by the Palestinian presidential spokesman Nabil Abu Rudeina.