Palestinian Basic Law
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The Palestinian Basic Law

A collection of various propsals and amendments to the Basic Law of Palestine.

Presidential decrees issued on June-July 2007

The Jerusalem Media and Communication Centre has compiled a selection of the most significant Presidential Decrees issued on June – July 2007.

Palestine Liberation Organisation
Palestinian National Authority
The President
Decree No. ( ) of 2007
Concerning the Jurisdiction of the Military Judiciary under the State of Emergency

The Chairman of the Executive Committee of the Palestine Liberation Organisation
The President of the Palestinian National Authority

With reference to the provisions under Title Seven of the Amended Basic Law of 2003,
Having reviewed the Penal Law No. (74) of 1936,
Having reviewed the Penal Law No. (16) of 1960,
Having reviewed the Revolutionary Penal Law of the Palestine Liberation Organisation of 1979,
Having reviewed the Revolutionary Procedural Law of the Palestine Liberation Organisation of 1979,
Having reviewed the Military Orders No. (555) of 1959 Concerning the Crimes Infringing the Security of the State,
Having reviewed the Decrees promulgated by me on the State of Emergency,
Having reviewed the recommendation of the Council of Ministers, dated on 04 July 2007, Based upon the powers bestowed upon me, and
In pursuance of the public interest,

I hereby promulgate the following Decree:
Article (1)

1. In addition to the jurisdictions of the military judiciary, it shall be competent for the crimes which violate the public safety in contravention of the Laws, Decrees and Orders referred to in the Preamble to this Decree and which are operative in the territories of the Palestinian National Authority, including either including or in particular:

A. Crimes committed against the officials and functionaries of the Palestinian National Authority as well as its institutions and properties.
B. Crimes committed against the public safety and internal public security.
C. Crimes committed against the Palestinian security agencies and their members.

2. For the purposes of the enforcement of the provisions of this Decree:

A. The Military Prosecutor shall assume the jurisdictions of the Public Prosecutor.
B. The Military Courts shall enforce the Revolutionary Procedural Law of the Palestine Liberation Organisation of 1979 in the cases presented before them.
C. All members of the Palestinian forces shall enjoy the capacity of the Judicial Police.

3. The articles under the Laws in force which contradict the provisions of this Decree, including Paragraph (2) of Articles 101, 107 of the Amended Basic Law of 2003 shall be suspended.

Article (2)
The Council of Ministers shall issue forth the regulations and instructions necessary for the enforcement of the provisions of this Decree.

Article (3)
All the parties concerned – each within the sphere of its jurisdiction – shall implement the provisions of this Decree, which shall enter into force as of the date of its promulgation and shall be published in the Official Gazette.
Promulgated in the city of Ramallah on 06 July 2007.

Mahmoud Abbas
Chairman of the PLO Executive Committee
—————————————————————

Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On calling on the second PLC to convene in its second ordinary term

The Chairman of the PLO Executive Committee
President of the Palestinian National Authority

After reviewing the provisions of the amended Basic Law of 2003 and its further amendments, and the provisions of the bylaws of the PLC, and the presidential decree no. 2 of 2007 regarding the extension of the first term of the second PLC, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

We call on the second PLC to convene in its second ordinary term for 2007 on Wednesday, July 11, 2007.

Article (2)

The Speaker Office of the PLC shall be elected in secret ballot before conducting any discussion on any item on the agenda based on the provisions of the third clause of the second article of the PLC bylaws.
Article (3)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on July 5, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On banning all armed militias and military or paramilitary formations regardless of their affiliations

Chairman of the PLO Executive Committee
President of the Palestinian National Authority
The High Commander of the Palestinian Forces

After reviewing the provisions of the seventh chapter of the amended Basic Law of 2003 and its further amendments, and the presidential decree dated June 14, 2007 on declaring the state of emergency, and based on nomination from the Council of Ministers, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

1- All armed militias and military formations and paramilitary irregular formations regardless of their affiliations are banned in all their forms.
2- These armed militias and military formations and paramilitary irregular formations are prohibited from performing any secret or public activities; any person assisting or offering any services to them shall be held accountable at the penal and administrative levels.

3- The government must end the phenomenon of all armed groups.

4- The government must implement the provisions of the law and regulations in terms of banning carrying of weapons and confiscation of all weapons, ammunition and explosives and other unlicensed combat equipment and all substances that constitute a danger on public order.

5- Any person violating the provisions of this decree shall be committing a crime and shall be punished if found guilty with a sentence as stipulated in the effective Penal Procedures Code.
Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 26, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
High Commander of the Palestinian Forces
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

Chairman of the PLO Executive Committee
President of the Palestinian National Authority
High Commander of the Palestinian Forces

After reviewing the amended Basic Law of 2003 and its further amendments, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

To dissolve the National Security Council which was formed based on a presidential decree dated April 8, 2007.
Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 23, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
High Commander of the Palestinian Forces
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On amending the decree to form the council of ministers

Chairman of the PLO Executive Committee
President of the Palestinian National Authority

After reviewing the amended Basic Law of 2003 and its further amendments, and the presidential decree dated June 14, 2007 on declaring the state of emergency, and the presidential decree dated June 14, 2007, on the formation of a government to run the affairs during the state of emergency, and the presidential decree dated June 15, 2007 on suspending the work with provisions of articles in the amended Basic Law, and the decree issued on the formation of the council of ministers dated June 17, 2007, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:

Amending the decree on formation of the council of ministers to become in the following manner:
Article (1)

1- Salam Khaled Abdullah Fayyad as Prime Minister and Minister of Finance and Foreign Affairs
2- Abdul Razzaq Iqab Mahmoud Al-Yahia as Minister of Interior
3- Ziad Abdullah Hanna al-Bandak as Minister of Local Government
4- Khouloud Francis Khalil D’eibes as Minister of Tourism and Women’s Affairs
5- “Mohammed Kamal” Ibrahim Mohammed Hassouneh as Minister of National Economy and Public Works and Telecommunications and Information Technology
6- Lamees Mustafa Mohammed al-Alami as Minister of Education and Higher Education and Culture
7- Samir Abdullah Deeb Ali as Minister of Planning and Labor
8- Fathi Abdullah Abu Maghli as Minister of Health
9- Riyad Najeeb Abdul Rahman al-Malki as Minister of Information and Justice
10- Jamal Mohammed Ahmad Bawatneh as Minister of Waqf
11- Mashhour Mohammed Abu Daqqa as Minister of Transportation
12- Ashraf Eid Mohammed al-Ajrami as Minister of Prisoners and Liberated Prisoners
Affairs and Youth and Sports 13- Mahmoud Sidqi al-Habbash as Minister of Agriculture and Social Affairs

Article (2)

All matters contradicting with the provisions of this decree are canceled.
Article (3)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 17, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization Palestine National Authority
The President
Decree no. ( ) of 2007

Chairman of the PLO Executive Committee
President of the Palestinian National Authority

On the basis of the provisions of the amended Basic Law of 2003 and its further amendments, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

Minister Dr. Sa’di al-Krunz is to be appointed Chief of the Cabinet and head of the PM’s Office.

Article (2)

All matters contradicting with the provisions of this decree are canceled.

Article (3)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 17, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On forming an investigation commission to determine the responsibility for the failure to confront the Militias of Hamas Movement in Gaza Strip

Chairman of the PLO Executive Committee
President of the Palestinian National Authority
The High Commander of the Palestinian Forces

Based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

An investigation commission shall be formed to look into the failure to confront the armed mutiny that was executed by the Militias of Hamas Movement in Gaza Strip against the Palestinian legitimacy and its institutions; the commission shall consist of the following members:
1- brother al-Tayyeb Abdul Rahim – head of the commission
2- brother Rafiq al-Husseini – member
3- brother Nabil Amro – member
4- brother Saeed Abu Ali – member
5- Major General Ahmad Eid – member
6- Brigadier Younes al-Aas – member
7- brigadier Hazem Atallah – member
8- brother Ali Mhanna – member
9- brother Hasan al-Ouri – member

Article (2)

The commission shall set the terms of reference for its work and define its jurisdictions in the first session it holds.

Article (3)

The commission has the right to summon for interrogation any person it deems necessary to listen to his/her statements.

Article (4)

The commission shall submit an updated report on the results of its work and recommendations and decisions to the President of the PNA – the High Commander of the Palestinian Forces – for ratification.

Article (5)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 17, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
The High Commander of the Palestinian Forces
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On considering the Executive Force and the Militias of Hamas Movement as outlaws

Chairman of the PLO Executive Committee
President of the Palestinian National Authority
The High Commander of the Palestinian Forces

After reviewing the provisions of the seventh chapter of the amended Basic Law of 2003 and its further amendments, and the presidential decree dated June 14, 2007 on declaring the state of emergency, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

The Executive Force and Militias of Hamas Movement are considered outlaws because they executed armed mutiny against the Palestinian legitimacy and its institutions, and anyone proven to have any kind of relations or connections with these militias shall be punished in accordance with the laws in effect and the regulations and instructions of the state of emergency.

Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 16, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On suspending work in provisions of articles in the amended Basic Law

Chairman of the PLO Executive Committee
President of the Palestinian National Authority
The High Commander of the Palestinian Forces

After reviewing the provisions of the seventh chapter of the amended Basic Law of 2003 and its further amendments, and after reviewing the decree dated June 14, 2007, on declaring the state of emergency, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

To suspend work with articles (65, 66, 67) of the amended Basic Law of 2003.

Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 15, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On forming the government to enforce the provisions of the state of emergency

Chairman of the PLO Executive Committee
President of the Palestinian National Authority

After reviewing the provisions of the seventh chapter of the amended Basic Law of 2003 and its further amendments, and the presidential decree dated June 14, 2007 on declaring the state of emergency, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

To form the government which shall be commissioned to implement and enforce the regulations and instructions of the state of emergency.

Article (2)

The government mandated to implement and enforce the regulations and instructions of the state emergency shall assume its duties after it is sworn in before the President of the PNA.

Article (3)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 14, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On declaring the state of emergency

Chairman of the PLO Executive Committee
President of the Palestinian National Authority

After reviewing the provisions of the seventh chapter of the amended Basic Law of 2003 and its further amendments, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

To declare a state of emergency in all territories of the PNA because of the criminal war in Gaza Strip and the seizure of the PNA Headquarters and the military coup d’etat and the armed mutiny executed by the outlaw armed militias against the Palestinian legitimacy.

Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 14, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority
—————————————————————
Palestine Liberation Organization
Palestine National Authority
The President
Decree no. ( ) of 2007

On discharging the Prime Minister

Chairman of the PLO Executive Committee
President of the Palestinian National Authority

After reviewing the provisions of the amended Basic Law of 2003 and its further amendments, and after reviewing the presidential decree no. (01) of 2007 on selecting and mandating the Prime Minister, and the presidential decree on forming the council of ministers dated March 17, 2007, and based on the authorities invested in us, and for the sake of public interest:

We hereby issue the following decree:
Article (1)

Prime Minister Brother Ismail Hanieh is to be discharged.

Article (2)

All competent parties, each within their own capacities, are to implement the provisions of this decree which shall be published in the official gazette.
Issued in Ramallah, on June 14, 2007

Mahmoud Abbas
Chairman of the PLO Executive Committee
President of the Palestinian National Authority

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Facts about the Basic Law

The Palestinian Basic Law is to function as a temporary constitution for the Palestinian Authority until the establishment of an independent state and a permanent constitution for Palestine can be achieved.

The Basic Law was passed by the Palestinian Legislative Council in 1997 and ratified by President Yasser Arafat in 2002. It has subsequently been amended twice; in 2003 the political system was changed to introduce a prime minister. In 2005 it was amended to conform to the new Election Law. The 2003 reform was comprehensive and affected the whole nature of the Palestinian political system, whereas the 2005 amendment was only minor and affected only a few paragraphs.

A parallel effort has been made to draft a permanent Palestinian constitution for an independent state, but this was shelved in favor of amending the existing Basic Law.


About this site

This website presents a collection of various drafts and amendments related to the Basic Law and other constitutional texts that have been compiled from various other sources.

You can also expect to find links to news items and reports that are of relevance to Palestinian constitutional law, the electoral framework, political reform and the PA branches of government.

The website was created by the Norwegian journalists Erik Bolstad and Tonje M. Viken in February 2008. The site is a private initiative and has no affiliation to any organizations or authorities.

All external links are purely for information purposes and do not necessarily reflect the views of the editors of this site.

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