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Showdown in parliament
Published in Al-Ahram Weekly on 09 - 03 - 2006

Succeeding in revoking powers recently given to Abbas by the outgoing Palestinian parliament, the first volleys are fired as Hamas locks horns with Fatah, reports Khaled Amayreh in the West Bank
Vociferous acrimony rather than harmony characterised the first working session of the Palestinian Legislative Council (PLC), which met in both Ramallah and Gaza on Monday as the new ruling party, Hamas, sought to assert power following its resounding electoral victory on 25 January. Thanks to blanket restrictions imposed by Israel on Palestinian travel movement, Gazan councillors couldn't make it to Ramallah and had to link-up with fellow legislators in the West Bank via video conference.
The Gaza-West Bank split is apt metaphor for Israel's complete control of nearly all aspects of Palestinian life. In point of fact, it is easier for most Palestinians, including public officials, to travel anywhere in the world than to commute the 20-minute-drive between the Strip and the West Bank.
Though "security" is the catch-all excuse most often repeated, the real reason for restrictions is that the State of Israel continues to seek to torment the Palestinians, narrow their horizons as much as possible, and for as long as necessary, in order to bring them to their knees. Tarring all Palestinians with the same brush also helps sway the so-called peace process: when Palestinian leaders themselves have no freedom of movement in the territories they seek to reclaim, the relationship of parties is clearly established before even they can make it to the negotiating table.
The lot of West Bank legislators is not any better; many of them are forced to climb high and abrasive cement walls while others have to travel through rugged, unpaved roads to evade onerous and often provocative Israeli army roadblocks, manned by young, unrestrained soldiers whose main job, it seems, is to insult and humiliate Palestinians travelling between their own cities.
Nonetheless, by the wonders of information technology a quorum was assured, the Palestinian parliament proceeding in its opening session to discuss the first item on its agenda, namely the proposed annulment of decisions taken by the former Fatah-dominated parliament in its final session of 13 February. Hamas law- makers, speaking in one voice, argued that the decisions, which largely Fatah, were unconstitutional, politically motivated and dictated by factional considerations.
What specifically aroused Hamas's ire was a decision adopted rather abruptly after it became clear that Hamas would form the next government. The decision empowered Palestinian Authority (PA) President Mahmoud Abbas to appoint judges to a would-be constitutional court whose decisions would override and revoke decisions adopted by the PLC. The decision, argued Hamas law-makers and their allies, was unacceptable and illegal since it would effectively annul the concept of the separation of powers.
"The Legislative Council is its own master. If the Council loses its independence from the executive authority, it will become irrelevant. It should be understood that the Legislative Council is answerable to the Palestinian people, not to anybody else," said Mahmoud Al-Ramahi, Council secretary.
Fatah law-makers, eager to prove that they are still a power to be reckoned with, doggedly defended the decision, saying it was taken in accordance with law. "When there is disagreement, let the law be the final arbiter," said Azzam Al-Ahmad, head of the Fatah caucus in parliament. Al-Ahmad lashed out at Hamas, accusing the Islamic movement of being "hungry for power" and "adopting a policy based on exclusion rather than national unity."
Al-Ramahi retorted by arguing that, "Fatah should come to terms with the fact that it lost the elections."
Eventually, despite acrimonious and heated debate, Speaker Aziz Duweik decided to put the contentious issue to the vote. Fatah, reacted to the notion by walking out of the session, both in Ramallah and Gaza. Unfazed by move, the PLC voted by a large majority in favour of revoking the "tendentious decisions". Following the vote, Tayeb Abdul Rahim, advisor to PA president, accused Hamas of effecting a "coup aimed at toppling the president". Hamas responded by describing the statement as "futile rhetoric".
The early showdown between Fatah and Hamas shows that Fatah is not going to give up easily its grip on the Palestinian government. Fatah has never been in the opposition benches and it may take sometime before the movement can fully digest the rules of democracy. For its part, Hamas finds itself in a position where it has to show resolve rather than magnanimity, given the tremendous domestic and foreign pressures it is facing because of its uncompromising positions vis-à-vis Israel.
This week, rumours circulated in the occupied territories that some losing Fatah MPs were conniving with foreign, including American, powers for the purpose of undercutting the Hamas-led government to the point where Abbas would be forced to dissolve the current parliament and order new elections. Fatah vehemently rejected the rumours as "morbid disinformation". Hamas responded, "There is no smoke without fire."
There is no doubt that the conspicuous dichotomy between Hamas, which controls 74 seats in the 132-seat assembly, and Fatah, which controls 45, is going to have a negative impact on Hamas's efforts to include Fatah in the next Palestinian government. Indeed, the opening showdown in the PLC between the two blocs is certain to enforce an already strong tendency within Fatah to boycott the next government.
This week, Fatah's Revolutionary Council met for three days in Ramallah and discussed Hamas's invitation to Fatah to join a government of national unity. A majority of Fatah leaders, many of them deeply embittered by their defeat to Hamas, forcefully recommended remaining in opposition, letting Hamas "face its fate alone". The way in which the recommendations were made, and the tone in which Fatah leaders defended these recommendations, showed that Fatah is not interested in seeing a Hamas government succeed.
In the Gaza Strip, Fatah gunmen actually threatened with death any Fatah leader daring to join the government. Such warnings may well play a role decisive in Fatah's electing to remain the opposition.
Fatah's "manoeuvres," however, are by no means paralysing Hamas's efforts to form the next government. Hamas leaders have intimated to Al-Ahram Weekly that blueprints for a government without Fatah are ready and can be announced at any given moment. The more that is delayed, the more will be apparent that Hamas is seeking national unity while Fatah is playing politics.


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