Resigned to the PA
by Joharah Baker
Since the establishment of the Palestinian Authority, there have been numerous reports of transgressions and complaints about the performance of the Authority and its institutions. The Palestinians and the world at large have been witness to resignations, reports on corruption and growing discontent. Two recent events have shown that the Palestinians still have a long road ahead of them before perfecting their newly born system of government.
On January 26, Labor Minister Samir Ghosheh submitted his resignation to Palestinian president Yasser Arafat. Ghosheh is also the leader of the Palestinian Struggle Front, a small faction in the PLO, and represents the Front on the PLO Executive Committee. The minister submitted his resignation saying that he is not satisfied on a number of political issues, the performance of the Palestinian Authority and the process of institution building. In his letter of resignation, Ghosheh outlined in detail the reasons for his decision:
First: President Arafat's failure to take a decision concerning the ratification of the Civil Service Law, or to take steps following the report issued in response to the Public Monitoring report in which those charged were never made accountable.
Second: The fact that certain political factions and institutions are absent even though the cabinet holds weekly meetings, with a large numbers of participants, including PLO executive committee members, ministerial cabinet members and other officials who are virtually unconcerned with the meetings as a whole. This inevitably leads to the inability to take relevant and meaningful decisions.
Third: The delay in convening the PLO executive committee despite repeated demands, considering that the executive committee is the highest authoritative body for the Palestinian people, including the Palestinian Authority.
Fourth: The absence of laws which specify the division of authority between the three branches: legislative, executive and judicial so that the hegemony of the executive authority led to the paralysis of the role of the legislative authority, particularly in ratifying laws. It also led to the weakening of the judicial branch.
Fifth: Absence of principles and rules which govern the process of institution-building. This has led to situation of ad hoc decision-making, interference, patronage and favoritism which negatively affects the performance of institutions in offering services to the people. So far president Arafat has not released an official statement to whether he has accepted Ghoseh's resignation or not.
The judicial system was also recently came under fire after Palestinian Chief Justice and President of the Palestinian High Court Qusay al-Abadleh was forced to retire on Monday, January 19. Judge al-Abadleh received a letter from the Head of the General Personnel Council of the Palestinian Authority Civil Service, Mohammed Abu Shari'a while in Cairo, informing the judge of his forced retirement. Apparently al-Abadleh was dismissed from his position because of criticisms he made of Minister of Justice Freih Abu Medein in a newspaper interview published on January 15, 1998 in al-Risala. The judge sharply criticized the minister and the PA as a whole by saying that the judicial system is at the bottom rung of the ladder, and some employees have not received their salaries for six months. However his sharpest criticism was directed at what he feels is interference by the justice minister in their affairs; al-Abadleh charged that Abu Midein's intent was to manipulate the Palestinian judicial system and destroy its foundations.
Under Palestinian law, Judge al-Abadleh's dismissal is illegal. According to the law, judges are appointed for a lifetime term and can only be dismissed under certain circumstances and by the president of the Palestinian Authority. PNA Attorney General Fayez Abu Rahmeh has called the move rash and impermissible and said it should not be accepted. There is a striking resemblance to the removal of the Chief Justice of the Ramallah Appellate Court Amin Abdel Salaam in August 1996. Abdel Salaam was responsible for hearing the appeal of the Birzeit students who were being held without trial by the PA. The Appellate Court ruled that the students were being held in violation of Palestinian law and should be released. Although al-Abadleh resolved that he will ignore the dismissal and return to his post when he returns from Egypt, the incident shows up the serious shortcomings in the PA's legal system and the relationship between the authorities.