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Palestine

             Quick facts           |             Overview             |             Political situation            |             Elections

Quick facts

Overview

After years of strive between Hamas and Fatah, rapprochement between the two parties resulted in an announcement that Palestinian general elections were to take place in May of 2021. The elections would have been the first in 15 years. However, in April of 2021, President Abbas announced that the elections would be postponed for an indefinite period of time.  Abbas stated that the reason for the postponement was the refusal of Israel to let Palestinians in Jerusalem participate in the elections. However, critics argue that the decision to postpone is due to the expectations that Hamas will win the elections. The move to postpone the general elections has been widely denounced by Palestinians and resulted in protests against the Palestinian Authority (PA).  Until this moment, the elections have not yet taken place and no new date has been set.

Internationally, many states do not yet recognize Palestine as a sovereign nation. However, in September 2015 the UN General Assembly approved a proposal to raise the Palestinian flag at its headquarters, a symbolically important move. Still, its status is not recognized by the United Nations, Israel and major Western nations such as the United States. Previously, Palestinian President Mahmoud Abbas submitted a request to join the United Nations as a full member state in 2011, but stalled this request a year later. Instead he pursued a ‘non-member observer status’, which was granted in 2012 by a large majority of the Assembly.

Since October 7, 2023, an armed conflict between Israel and Hamas-led militant groups has been ongoing in the Gaza Strip. This is the fifth and deadliest war of the Gaza–Israel conflict since 2008 and the most significant military engagement in the region since the 1973 Yom Kippur War. The conflict began with a surprise attack by Hamas, involving a rocket barrage and an incursion into Israel, resulting in the deaths of 1,139 Israelis and foreigners and the capture of 251 individuals. Hamas claimed the attack was in response to Israel’s occupation, Gaza blockade, settlement expansion, and threats to the Al-Aqsa Mosque. In retaliation, Israel launched a large-scale bombing campaign. As of early 2024, over 40,000 Palestinians have been killed, of whom 52% are women and children. The conflict has displaced nearly all of Gaza’s 2.3 million residents. Israel’s intensified blockade has restricted access to basic necessities, leading to a healthcare system collapse and the threat of famine. By early 2024, Israeli forces had destroyed or damaged over half of Gaza’s homes, a third of its tree cover and farmland, most schools and universities, hundreds of cultural sites, and at least a dozen cemeteries.

Political situation

Under the British Mandate, “Palestine” referred to the region which now includes the State of Israel and the Palestinian Territories – the West Bank and Gaza Strip. In 1948, Israel declared independence according to the United Nations partition plan for Mandatory British Palestine. The envisaged Jewish state would comprise 56 percent of the mandate territory. Palestinians, supported by surrounding Arab countries, rejected the partition plan. The ensuing Arab-Israeli War (1948-1949) – known in Israel as the War of Independence and in Palestine as the Nakba (the catastrophe) – resulted in the occupation of the West Bank (Including East Jerusalem) by Transjordan and the Gaza Strip by Egypt. More than 700,000 Palestinian Arabs became refugees. It was the first in a series of wars fought between Israel and its Arab neighbours. During the 1967 ‘Six Day War’, Israel subsequently gained control over Gaza and the West Bank ignoring the so-called Green Line that was agreed upon in the 1949 Armistice Agreements. The Green Line used to mark the line between Israel and the West Bank, Gaza Strip, Golan Heights and Sinai Peninsula (the latter was returned to Egypt in 1982).

Under Israeli occupation Palestinian dissatisfaction grew over the Jewish settlements on the West Bank. Palestinian (political) organizations like Fatah (founded in 1959), the Palestine Liberation Organization (PLO, founded in 1964) and Hamas (founded in 1987) were formed in this period. In 1987 the First Intifada (1987-1993) (literally translated as ‘shaking off,’ usually translated as ‘uprising’) broke out. The violence ended with the Oslo Accords in 1993, which called for the withdrawal of Israeli forces from parts of the Gaza Strip and West Bank and affirmed the Palestinian right to self-government within those areas through the creation of the Palestinian Authority (PA). Despite the momentum of the Israeli-Palestinian peace process at the time the effort became stalled.

During the Camp David summit in July 2000 Israel’s Prime Minister Ehud Barak, Chairman of the Palestinian Authority Yasser Arafat, and US President Bill Clinton aimed at reaching a “final status” agreement. In September that same year tensions between the Palestinians and Israeli’s escalated when Israeli Prime Minister Ariel Sharon visited the Temple Mount in Jerusalem during the election campaign. The outbreak of the Second Intifada (2000-2005) was a fact and peace negotiations were ended. However, after the death of Arafat in November 2004 and the subsequent election of the moderate Mahmoud Abbas as the new President of the PA, both Israel and the PA on a summit at Sharm el-Sheikh in 2005 declared their intentions of ending bloodshed and revitalizing the Roadmap for peace. However, the peace process reached a deadlock soon. While Israel withdrew from Gaza in September 2005, it continues to keep Gaza under blockade. Since 2005, Israel has only deepened its West Bank settlement project, and on the other hand, Palestinian political factions such as Hamas still refuse to recognise Israel’s right to exist.

Developments in 2021-2022
After a period of 15 years, the PA announced in 2021 that it would hold general elections in May of 2021. However, in April of 2021, President Abbas announced that the elections would be postponed for an indefinite period of time. According to Abbas the reason for the postponement was the refusal of Israel to let Palestinians in Jerusalem participate in the elections. He argued that elections could not take place before Palestinians living in Jerusalem would also be able to participate. However, critics of the PA argue that the decision to postpone is due to the expectations that Hamas will win the elections. Abbas’ decision to postpone would be due to a fear of the repeat of the 2006 elections, which were won by Hamas and led to a long-lasting division within Palestinian politics. The move to postpone the general elections has been widely denounced by Palestinians and resulted in protests against the regime of the Palestinian Authority (PA).  Until this moment, the elections have not yet taken place and no new date has been set.

Leading up to the 2022 Ramadan, tensions rose between Israel and the Palestinian Territories. In Israel, eleven people were killed in three separate attacks. On March 31, two Palestinian men were killed by Israeli security forces at a massive arrest. Fifteen people were wounded, among whom an Israeli soldier. During Ramadan, hundreds have been wounded in various incidents in and around the Al-Aqsa Mosque in Jerusalem. Jews are allowed to visit but may not pray at the site. However, early on Sunday 17 April, Jewish worshippers were seen at the site, protected by Israeli security forces, causing various clashes between religious groups at the site. Israeli police said its forces entered the al-Aqsa mosque to “re-establish order”, sparking a major backlash from Arab political actors.

Fatah-Hamas split
With the victory of Hamas in January 2006 in the Palestinian legislative elections, the tide turned once again.  A Hamas and Fatah unity government failed, among other reasons, because it is not acceptable to the international community. Early in June 2007, violence between Hamas and Fatah intensified, culminating in the Battle of Gaza, from 7 to 15 June. This led to the current situation in which the West Bank is ruled by the government under PA President Mahmoud Abbas (Fatah), while Hamas controls Gaza. President Abbas decided to dissolve the unity government with Hamas and appointed an emergency government headed by Salam Fayyad. Hamas rejected this government stating that a new government needed to be ratified by the Palestine Legislative Council (PLC) – in which Hamas has a majority with 74 seats. After the Fatah-Hamas rift, the PLC ceased to function, with the President issuing laws by emergency decree.

On Tuesday 23 July, 14 Palestinian parties, including the rival factions Hamas and Fatah, signed an important declaration of ‘national unity’ in Beijing. This agreement, which was brokered by China, calls for a unity government which is to coordinate the post-war reconstruction of Gaza and prepare national elections. This is a crucial step as no Palestinian elections have been held since 2007. A key part of the agreement is the integration of Hamas into the Palestine Liberation Organisation (PLO), a coalition of Palestinian parties that negotiated the Oslo Accords with Israel in 1993. These accords were intended as the first step towards resolving the Israeli-Palestinian conflict, and led to the creation of the Palestinian Authority (PA) – the administration of the Palestinian territories.

Israeli West Bank barrier
Since 2002, the barrier between Israel and the West Bank is one of the most controversial issues in the relationship between Israel and the Palestinian Territories. The 703 kilometer long barrier separates Israel and the Palestinian Territories mostly along the so-called ‘Green Line’, the territorial boundary the two parties agreed upon in 1949. Supporters of the barrier state that it is built to stop the acts of Palestinian terrorism, predominantly bus-bombings. Opponents of the barrier argue that Israel tries to annex Palestinian land illegally under the guise of security. In 2004, the International Court of Justice said the building of the barrier in occupied Palestinian territory is illegal, and demanded the construction stop immediately. More than a decade later, the wall is still standing. Moreover, since 2012 Israel has stepped up its efforts to fortify its border. In 2018 the Defense Department announced it would also build an underground wall on the border with the Gaza Strip against tunnels.

Israel’s war in Gaza
Since October 7, Israel’s ground and air campaign in Gaza has resulted in the deaths of over 39,000 Palestinians and displaced the majority of its 2.3 million residents. Concurrently, Israel approved the largest land seizure in the West Bank since the Oslo Accords. Between October 2023 and February 2024, the conflict in Gaza claimed the lives of more children than all other global conflicts combined over the previous four years. Additionally, a UN report predicts an imminent famine in Gaza.

The International Court of Justice has ordered Israel to “take immediate and effective measures to enable the delivery of urgently needed basic supplies and humanitarian aid to the Gaza Strip.” However, instead of an increase, aid deliveries to Gaza have seen a drastic 30% decrease, according to the United Nations. Despite the escalating human suffering, there has been no unequivocal call for a ceasefire from the international community. The Middle East is watching this with growing astonishment.

Elections

On a national level, the Palestinians elect a head of state – the president – and a legislature – the Palestine Legislative Council (PLC), a unicameral parliament consisting of 132 members. Since the election law of 2005 came into force, the Palestinian Authority has a mixed electoral system combining both a majority system (districts) and a system of proportional representation (lists). The law divides the 132 seats of the PLC equally between the majority system (66 seats) and the system of proportional representation (66 seats). The PLC is elected for a four-year term.

Based on the majority system, the Palestinian Territories are divided into 16 electoral districts (11 in the West Bank and 5 in the Gaza Strip). Each district is allocated a number of seats in the parliament according to the number of its population. Six out of the 66 seats allocated to the majority system are reserved for Christians, because it is considered the minimum quota for their representation in the council.

In the system of proportional representation, the whole country is considered as one electoral district. Following the election law, each electoral list must include a minimum of 7 candidates and a maximum of 66 candidates. Each list must also include at least one woman in the first three names, at least one woman in the next four names and at least one woman in each of the five names that follow in the list. Lists that receive a minimum of 2 per cent on the basis of the proportional representation system are allocated the number of seats proportional to the total number of votes that the list receives. Its population determines the number of seats each electoral district receives.

It is important to distinguish the Palestine Liberation Organisation (PLO) on the one hand and the Palestinian National Authority (PNA) on the other. The PLO was founded in 1964 aiming at liberating the Palestinian state with its 1947 borders. Until today it is the sole representative of the Palestinian Diaspora in international institutions as the United Nations (UN) and the Arab League. The PNA, on the other hand, was a direct result of the 1993 Oslo Accords, founded as a 5-year transitional body during which final status negotiations between Israel and the Palestinian Territories were to take place.

In 2007 President Abbas unilaterally changed the electoral law to full proportional representation system (list system). He insisted he could issue the change by decree as long as the PLC was unable to convene. The move was seen as a bid to lessen the chances of Hamas in the next election. Hamas declared the move to be illegal.   In 2021, agreeing on the mechanisms for new elections, Hamas accepted the PLO’s status as the legitimate representative body of the Palestinian people, and a new proportional representation (national list) system for PLC elections, which is said to favour Fatah.

Parliamentary elections
On 25 January 2006, the first elections since 1996 for the Palestinian Legislative Council were held. The Islamic Hamas, that contested at the List of Change and Reform, won 74 seats; an absolute majority. Fatah, that had effectively been in power in the last several decades, received a severe blow winning only 45 seats.

According to analysts, it was Hamas’ focus on clean policy and its successful attacks on widespread corruption within the Fatah-led Palestinian Authority that provided for its electoral victory. International observers considered the elections to be conducted quite fairly, showing Palestinian commitment to democratic elections, also considering the high turnout rate of around 74 per cent. However, there were some reports of problems during election day itself. Voters in East Jerusalem were not provided voting privacy, and it was said that Fatah had used Palestinian Authority resources for its campaign, whereas in many mosques campaigning activities on behalf of Hamas (List of Change and Reform) were reported.

On 29 March 2006 President Mahmoud Abbas swore in – much to the displeasure of among others the EU and the United States – Hamas’ 24-member cabinet led by Prime Minister Ismail Haniya. This cabinet consists mostly of Hamas members and includes one Christian and one woman. The government’s political programme stressed the need for comprehensive reform within the Palestinian Territories, fighting corruption and enforcing the rule of law as well as democratic principles and institutions. It only considered negotiations with Israel (consequently referred to as ‘the occupation state’) if Israel completely withdraws its settlements from the Palestinian Territories. Until then, the government recognized any form of resistance as a legitimate right of the Palestinian people to end the occupation.

Presidential elections
The most recent Palestinian presidential elections took place on 9 January 2005 in the West Bank and Gaza. In accordance with the Palestinian Basic Law, these elections were to be held within 60 days after the death of former President Yasser Arafat. Seven candidates contested in the election. Three of them withdrew during the campaign.

PLO chairman Abbas won over 62 per cent of the votes, with independent Mustafa Barghouti coming second, winning 19 per cent of the votes. Palestinian Legislative Council member and Fatah leader in the West Bank Marwan Barghouti was seen as the only candidate who could hope to seriously compete against Abbas. However, his proposed candidacy met with resistance from Fatah activists, fuelling rumours that the Fatah party was internally divided along generational lines. After successive contradictory announcements, Marwan Barghouti retired from the race due to discussions between his representatives and the Fatah leadership.

The election campaign faced some problems – Mustafa Barghouti was arrested by Israeli forces when he was on his way to hold an election speech in East Jerusalem; other candidates were denied access to East Jerusalem as well – due to the widespread blockade of the Palestinian Territories by Israel. Also on election day, a number of incidents were reported. Voting was controversially extended for two hours, apparently at the request of Fatah, which led to the subsequent resignation of the head of the Central Elections Commission. Despite all this, international observers considered the elections to have been conducted fairly. The turnout rate was around 48 per cent according to the Palestinian Election Commission.

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