Contents

• Figure 1- Basic Statistics about PLC Members
• Figure 2- Council Members’ Political Affiliation
• Figure 3- A- Distribution of Council Members according to the Constituencies.
• B-Residency of Council Members
• Figure 4- A- Council Members by Profession. B- Council Members and the PLO
• Figure 5- Struggle History of the Council Mem
• Figure 6- Gender of Council Members

The presence of an elected Palestinian Council is seen as an important development in the political life of the Palestinian people who regard the Council as one of the major achievements of the current peace process.

The Council is the first elected Palestinian body in the history of the Palestinian people. It is looked on as an indicator of their right to self -determination and an expression of their natural hopes for independence.

The Palestinian people and the international community alike regard the existence of an elected Palestinian Council with profound importance, as it provides legitimacy, respect, and legality for the struggle of the Palestinian people and their goal of ending the saga of Israeli occupation and beginning a new era in the fulfillment of their national dreams of an independent Palestinian state.

Since its establishment, the Council has strived to sincerely reflect the aspirations and goals of the people. It has also become an instrument for holding the Palestinian Executive Authority to account. This function of accountability has been carried out in a courageous manner, something unique in Palestinian political history.

Due to the importance of the Council and its responsibilities and as a result of the great local and international interest in this body, the Jerusalem Media & Communication Centre (JMCC) presents the 2^nd edition of this book, to enable the reader to get a better idea of the structure of the Council, the members, its jurisdiction, and other relevant aspects. This attempt, we believe, may contribute to strengthening the link between the Council and the people on one hand, and those interested in work on the other. We hope that such a modest effort will further strengthen the building of democracy in Palestinian Society and its relations with the outside world.

The first elected Palestinian Legislative Council (PLC) was initially conceptualized with the Declaration of Principles (DOP) signed in Oslo on 19/8/1993, and signed officially in Washington on 13/9/1993. The idea was further developed in the Israel-Palestinian Interim Agreement on West Bank and Gaza Strip (Oslo II) signed officially in Washington on 28/9/1995, in which the structure, jurisdiction, functions, size, and responsibilities of the Council were determined. In fact the Oslo II Agreement was so detailed that constitutes the terms of reference for the council.

 Oslo II stipulated that the PLC which form of 88 members and head of the Executive authority, upon it inauguration, is expected to act as the highest authority in the interim phase. The PLC is the body responsible for legislation and from it the majority 80% of the cabinet of the executive authority is appointed.

The following pages provide a brief description of the Council based on the above mentioned agreements:

 I. Structure:

•  The Palestinian Council, with the Ra’ees of the Executive Authority of the Council constitute the Palestinian Interim-Self Government Authority.

• The Council is elected by the Palestinian people in the West Bank, Jerusalem, and the Gaza Strip for a transitional period not exceeding five years from the signing of the Gaza-Jericho Agreement on May 4, 1994.
• The Council possesses legislative and executive powers as stipulated in Articles VII and IX of the Declaration of Principles. Article IX of the DOP states that:
1.  The Council shall be empowered to legislate, in accordance with the Interim Agreement, with all authorities transferred to it. Both parties will review laws and military orders presently in force in the remaining spheres (not transferred). Directly after its inauguration, the Council elected from among its members a speaker presides over the Council meetings, administers the Council and its committees, decides on the agenda of each meeting, and lays before the Council proposals for voting and declares their results. He is assisted by two deputee from the Council members. The speaker is to present for the Council the proposed Internal Standing Orders and the internal procedures regulations which regulate the decision-making processes of the Council and present it to discuss and ratify it, in addition to other duties.
2. The organization, structure and functions of the Council is based on the Israeli-Palestinian Interim Self-Government Agreement and the Basic Law for the Palestinian Interim Self-Government Authority.

II. Jurisdiction of the Council

•  In accordance with the DOP, the jurisdiction of the Council covers the West Bank and Gaza Strip as a single territorial unit, except for issues that will be negotiated in the permanent status negotiations: Jerusalem, settlements, specified military locations, the refugees, borders, foreign relations and Israelis; and powers and responsibilities not transferred to the Council. Accordingly, the authority of the Council encompasses all matters that fall within its territorial, functional and personal jurisdiction, as follows:

1.  The territorial jurisdiction of the Council encompasses Gaza Strip territory, except for the Settlements and the Military Installation Area, and West Bank territory, except for Area C, which will be gradually transferred to Palestinian jurisdiction in three phases. Each phase will take place after an interval of six months, to be completed 18 months after the inauguration of the Council. At this time, the jurisdiction of the Council will cover West Bank and Gaza Strip territory, except for the issues that will be negotiated in the permanent status negotiations. Territorial jurisdiction includes land, subsoil and territorial waters, in accordance with the provisions of the Agreement.
2. The functional jurisdiction of the Council extends to all powers and responsibilities transferred to the Council, as specified in Oslo II or in any future agreements that may be reached between the Palestinians and Israelis during the interim period.
3. The territorial and functional jurisdiction of the Council will apply to all persons, except for Israelis. The Council has functional jurisdiction in Area C, as detailed in Article IV of Annex III of Oslo II.
•  According to the interim agreement, the Council has within its authority, legislative powers as provided in article XVIII of Olso II. In addition to executive powers but however:
1.  Israel, through its military government, has the authority over areas that are not under the territorial jurisdiction of the Council, powers and responsibilities not transferred to the Council and Israelis.
2. For this purpose, the Israeli military government retains the necessary legislative judicial and executive powers and responsibilities, in accordance with international law. This does not detract from Israel’s applicable legislation over Israelis.
•  The Council’s jurisdiction will extend gradually to cover the West Bank and Gaza Strip, except for the issues to be negotiated in the permanent status negotiations, through a series of redeployments of the Israeli military forces. The first phase o the redeployment of Israeli military forces will cover populated areas in the West Bank - cities, towns, refugee camps and villages as set out in Annex II - and will be completed prior to the eve of the Palestinian elections, i.e. 22 days before the day of the elections. Further redeployment of Israeli military forces to specified military locations will commence immediately upon the inauguration of the Council and will be affected in three phases, each to take place after an interval of six months, to be concluded no later than 18 months from the date of the inauguration of the Council.
1.  In Area C, in the first phase of redeployment, powers and responsibilities not related to territory will be transferred to and assumed by the Council in accordance with the Agreement.
2. During the subsequent redeployment phases, powers and responsibilities relating to territory will be transferred gradually to Palestinian jurisdiction that will cover West Band Gaza Strip territory, except for this issues that will be negotiated in the permanent status negotiations.
3. In accordance with the DOP, in Area C, the Council will have functional jurisdiction with regard to the powers and responsibilities transferred. This jurisdiction shall not apply to issues that will be negotiated in the permanent status, as it is mentioned in Article XVII, paragraph 1 of this agreement.
4. The transfer of powers and responsibilities in Area C shall not affect Israel’s continued authority to exercise its powers and responsibilities with regard to internal security and public order, as well as with regard to other powers and responsibilities not transferred.

III. Legislative Powers of the Council

•  According to The Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip (Oslo II), legislation means “any primary and secondary legislation, including basic laws, laws, regulations and other legislative acts”.

• The Council has the power, within its jurisdiction as defined in Article XVII of Oslo II to adopt legislation.
• While the primary legislative power lies in the hands of the Council as a whole, the Ra’ess of the Executive Authority of the Council shall have specific legislative powers:
1. the power to initiate legislation or to present proposed legislation to the Council;
2. the power to promulgate legislation adopted by the Council; and
3. the power to issue secondary legislation, including regulations, relating to any matters specified and within the scope established in any primary legislation adopted by the Council.
• Legislation, including legislation which amends or abrogates existing laws or military orders, which exceeds the jurisdiction of the Council or which is otherwise inconsistent with the provisions of the DOP, of the provisions of Oslo II, or of any other agreement that may be reached between the two sides during the interim period, have no effect and are deemed void.
• The Ra’ees of the Executive Authority must not issue legislation adopted by the Council if this legislation fall within the jurisdiction of this item.

IV. The Executive Authority of the Council

•  The executive power of the Palestinian Council extends to all matters within its jurisdiction during the interim period. It also includes the power to formulate and conduct Palestinian policies and to supervise their implementation, to issue any rule or regulation under powers given in approved legislation and administrative decisions necessary for the realization of Palestinian government, the power to employ staff, sue and be sued and conclude contracts, and the power to keep and administer registers and records of the population, and issue certificates, licenses and documents.

• The Palestinian Council’s executive decisions and acts must be consistent with the provisions of The Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip (Oslo II).
• The Palestinian Council may adopt all necessary measures in order to enforce the law and any of its decisions, and bring proceedings before the Palestinian courts and tribunals.
• In accordance with the DOP, the Council will not have powers and responsibilities in the sphere of foreign relations, which includes the establishment embassies, consulates or other types of foreign missions and posts or permitting their establishment in the West Bank and the Gaza Strip, the appointment of or admission of diplomatic and consular staff, and the exercise of diplomatic functions.
• However, the PLO may conduct negotiations and sign agreements with states or international organizations for the benefit of the Council in the following cases only:

1. economic agreements, as specifically provided in Annex V of Oslo II;

2. agreements with donor countries for the purpose of implementing arrangements for the provision of assistance to the Council;

3. agreements for the purpose of implementing the regional development plans detailed in Annex IV of the DOP or in agreements entered into the framework of the multilateral negotiations; and

4. cultural, scientific and educational agreements.

• Dealings between the Council and representatives of foreign states and international organizations, as well as the establishment of representative offices, other than those described above, in the West Bank and the Gaza Strip for the purpose of implementing the agreements, are not to be considered foreign relations.

• The Council shall have, within its jurisdiction, and independent judicial system composed of independent Palestinian courts and tribunals.

V. The Executive Authority of the Council and the Ra’ees

•  The Council has a committee to exercise the executive authority of the Council.

• The Executive Authority is bestowed with the executive responsibilities of the Council and exercises it on behalf of the Council. It determines its own internal procedures and decision making processes.
• The Council will publish the names of the committee members/executive authority immediately after initial appointments and other coming changes.
• The Ra’ees of the Executive Authority shall be an ex officio member of the Executive Authority.
• All of the other members of the Executive Authority, shall be members of the Council, chosen and proposed to the Council by the Ra’ees of the Executive Authority and approved by the Council.
• The Ra’ees of the Executive Authority shall have the right to appoint some persons, in number not exceeding twenty percent of the total membership of the Executive Authority, who are not members of the Council, to exercise executive authority and particpate in government tasks. Such appointed members may not vote in meetings of the Council.
• Non-elected members of the Executive Authority must have a valid address in an area under the jurisdiction of the Council.

 VI. Committees of the Council

•  The Council may form small committees to simplify the proceedings of the Council and to assist in controlling the activity of its Executive Authority.

• Each Committee may establish its own decision-making processes within the general framework of the organization and structure of the Council.

VII. Relations between Israel and the Council

•  Israel and the Council shall seek to foster mutual understanding and tolerance and shall accordingly abstain from incitement, including hostile propaganda, against each other and, without derogating from the principle of freedom of expression, shall take legal measures to prevent such incitement by any organizations, groups or individuals within their jurisdiction.

• Israel and the Council will ensure that their respective educational systems contribute to the peace between the Israeli and Palestinian peoples and to peace in the entire region, and will refrain from the introduction of any action that could adversely affect the process of reconciliation.
• Without derogation from the other provisions of this Agreement, Israel and the Council shall cooperate in combating criminal activity which may affect both sides, including offenses related to trafficking of illegal drugs andpshychotropic substances, smuggling, and offenses against property, including offenses related to vehicles.