Issued in
Ramallah on March 18, 2003
In the Name of
God, the Merciful and the Compassionate.
Introduction
The continuous
attachment of the Arab Palestinian people to the land of their fathers and
forefathers, on which this people has historically lived, is a fact that has
been expressed in the Declaration of Independence, issued by the Palestine
National Council. The strength of this attachment is confirmed by its
consistency over time and place, by keeping faith with and holding onto
national identity, and in the realization of wondrous accomplishments of
struggle. The organic relationship between the Palestinian people, their
history and their land has confirmed itself in their unceasing effort to prompt
the world to recognize the rights of the Arab Palestinian people and their
national entity, on equal footing with other nations.
The birth of the
Palestinian National Authority in the national homeland of Palestine, the land
of their forefathers, comes within the context of continuous and vigorous struggle,
during which the Palestinian people witnessed thousands of their precious
children sacrificed as martyrs, injured persons and prisoners of war, all in
order to achieve their people’s clear national rights, the foremost of which
are the right of return, the right to self-determination and the right to
establish an independent Palestinian state, with Jerusalem as a capital, under
the leadership of the Palestine Liberation Organization, the sole, legitimate
representative of the Arab Palestinian people wherever they exist.
Within the
framework of the interim period, resulting in the Declaration of Principles
Agreement, the establishment of the Palestinian National Authority with its
three pillars – the legislative, executive and judicial branches – became among
the most urgent of national missions. The establishment of the Palestinian
Legislative Council, through free and direct general elections, made the
adoption of a Basic Law suitable for the interim period a necessary foundation
upon which to organize the mutual relationship between the government and the
people. It is a first step on the way to determining the distinguishing
characteristics of a civil society capable of achieving its independence. At
the same time, it is a basic foundation upon which to enact unifying
legislation and law for the Palestinian national homeland.
This Basic Law
has established a firm foundation, representing the collective conscience of
our people, including its spiritual components, its national faith and its
nationalist loyalty. The titles of the Basic Law include a group of modern
constitutional rules and principles that address public and personal rights and
liberties in a manner that achieves justice and equality for all, without
discrimination. Further, they ensure the rule of law, strike a balance between
the executive, legislative and judicial branches, and draw lines between their
respective jurisdictions in a manner that ensures independence to each of them
while coordinating their roles to achieve a high national interest that will
serve as a guide to all.
The enactment of
this temporary Basic Law for a transitional and interim period constitutes a
fundamental step towards the realization of the firm national and historical
rights of the Arab Palestinian people. It shall not in any way whatsoever
abrogate or cancel their right to continue to strive to achieve their rights of
return and self-determination, including the establishment of a Palestinian
state with Jerusalem (al-Quds al-Sharif) as its capital, which is the first
shrine and the third mosque, to which the Prophet Muhammad,may peace be upon
him, traveled by night, in the land of the nativity of Jesus,may peace be upon
him.
The provisional
character of the Basic Law shall not abrogate the right of any Palestinian,
wherever residing, to exercise equal rights with his/her fellow citizens on the
soil of the homeland.
This temporary
Basic Law draws its strength from the will of the Palestinian people, their
firm rights, their continuous struggle and the exercise of their democratic
right – as represented in the election of the President of the Palestinian
National Authority and the members of the Palestinian Legislative Council – to
commence the organization and establishment of a sound, democratic and legislative
life in Palestine. At the same time, the
enactment and ratification of this law by the Legislative Council does spring
from the fact that the Palestine Liberation Organization is the sole and
legitimate representative of the Arab Palestinian people.
Explanatory Memorandum for the Amended Basic Law
Article 111 of
the Basic Law provides the Legislative Council with the authority to amend the
Basic Law by securing a majority vote of two-thirds of its members. The Council believes that it is necessary to
amend the Basic Law to allow for the creation of the position of a Prime
Minister in the Palestinian National Authority and to determine his powers and
the legal and political controls that will regulate his work, as well as to
define and clarify the form of the relationship between him and the President
of the Palestinian National Authority and the legislative branch.
This amendment
requires rearrangement of some provisions of the original law. Accordingly, the
title that deals with the powers of the President of the National Authority is
now Title Three in the amended law. On the other hand, the title that deals
with the legislative branch has been moved to a subsequent title, which is
Title Four.
As for Title
Five, dealing with the Council of Ministers, it covers the formation of the government by the Prime Minister, the
procedure for obtaining the confidence of the [Legislative] Council, the powers
of the Council of Ministers and its head, and the relationship between the
Prime Minister and the President of the National Authority.
The Council
decided during the review of the amended law that it would not be necessary to
add provisions dealing with the Prime Minster’s presentation of all matters
related to the formation, resignation or dissolution of the cabinet to the
President of the National Authority, on the grounds that this is a political
tradition that does not require being put into a separate article in the text
of the law.
Ahmed Qurei’
(Abu Ala’)Speaker, The Palestinian Legislative Council
Title One
Article 1
Palestine is
part of the larger Arab world, and the Palestinian people are part of the Arab
nation. Arab unity is an objective that
the Palestinian people shall work to achieve.
Article 2
The people are
the source of power, which shall be exercised through the legislative,
executive and judicial authorities, based upon the principle of separation of
powers and in the manner set forth in this Basic Law.
Article 3
Jerusalem is the
capital of Palestine.
Article 4
1.
Islam
is the official religion in Palestine. Respect for the sanctity of all other
divine religions shall be maintained.
2.
The
principles of IslamicShari’a shall be a principal source of legislation.
3.
Arabic
shall be the official language.
Article 5
The governing system in Palestine shall
be a democratic parliamentary system, based upon political and party pluralism.
The President of the National Authority shall be directly elected by the
people. The government shall be accountable to the President and to the
Palestinian Legislative Council.
Article 6
The principle of the rule of law shall
be the basis of government in Palestine. All governmental powers, agencies,
institutions and individuals shall be subject to the law.
Article 7
Palestinian citizenship shall be regulated
by law.
Article 8
The flag of Palestine shall be of four
colors and in accordance with the dimensions and measurements approved by the
Palestine Liberation Organization. It
shall be the official flag of the country.
Title Two –
Public Rights and Liberties
Article 9
Palestinians shall be equal before the
law and the judiciary, without distinction based upon race, sex, color,
religion, political views or disability.
Article 10
1.
Basic
human rights and liberties shall be protected and respected.
2.
The
Palestinian National Authority shall work without delay to become a party to
regional and international declarations and covenants that protect human
rights.
Article 11
1.
Personal freedom is a natural right, shall be
guaranteed and may not be violated.
2.
It
is unlawful to arrest, search, imprison, restrict the freedom, or prevent the
movement of any person, except by judicial order in accordance with the
provisions of the law. The law shall specify the period of prearrest detention.
Imprisonment or detention shall only be permitted in places that are subject to
laws related to the organization of prisons.
Article 12
Every arrested
or detained person shall be informed of the reason for their arrest or
detention. They shall be promptly informed, in a language they understand, of
the nature of the charges brought against them. They shall have the right to
contact a lawyer and to be tried before a court without delay.
Article 13
1.
No
person shall be subject to any duress or torture. Indictees and all persons
deprived of their freedom shall receive
proper treatment.
2.
All
statements or confessions obtained through violation of the provisions
contained in paragraph 1 of this article shall be considered null and void.
Article 14
An accused
person is considered innocent until proven guilty in a court of law that
guarantees the accused the right to a defense. Any person accused in a criminal
case shall be represented by a lawyer.
Article 15
Punishment shall
be personal. Collective punishment is prohibited. Crime and punishment shall
only be determined by the law. Punishment shall be imposed only by judicial
order and shall apply only to actions committed after the entry into force of
the law.
Article 16
It is unlawful
to conduct any medical or scientific experiment on any person without prior
legal consent. No person shall be
subject to medical examination, treatment or surgery, except in accordance with
the law.
Transplantation
of human organs and new scientific developments shall be regulated by the law
in order to serve legitimate humanitarian purposes.
Article 17
Homes shall be
inviolable; they may not be subject to surveillance, broken into or searched,
except in accordance with a valid judicial order and in accordance with the
provisions of the law.
Any consequences
resulting from violations of this article shall be considered invalid. Individuals who suffer from such violation
shall be entitled to a fair remedy, guaranteed by the Palestinian National
Authority.
Article 18
Freedom of
belief, worship and the performance of religious functions are guaranteed,
provided public order or public morals are not violated.
Article 19
Freedom of
opinion may not be prejudiced. Every person shall have the right to express his
opinion and to circulate it orally, in writing or in any form of expression or
art, with due consideration to the provisions of the law.
Article 20
Freedom of
residence and movement shall be guaranteed within the limits of the law.
Article 21
1.
The
economic system in Palestine shall be based on the principles of a free market
economy. The executive branch may
establish public companies that shall be regulated by a law.
2.
Freedom
of economic activity is guaranteed. The law shall define the rules governing
its supervision and their limits.
3.
Private
property, both real estate and movable assets, shall be protected and may not
be expropriated except in the public interest and for fair compensation in
accordance with the law or pursuant to a judicial ruling.
4.
Confiscation
shall be in accordance with a judicial ruling.
Article 22
1.
Social,
health, disability and retirement insurance shall be regulated by law.
2.
Maintaining
the welfare of families of martyrs, prisoners of war, the injured and the
disabled is a duty that shall be regulated by law. The National Authority shall
guarantee these persons education, health and social insurance.
Article 23
Every citizen
shall have the right to proper housing. The Palestinian National Authority
shall secure housing for those who are without shelter.
Article 24
1.
Every
citizen shall have the right to education. It shall be compulsory until at
least the end of the basic level. Education shall be free in public schools and
institutions.
2.
The
National Authority shall supervise all levels of education and its
institutions, and shall strive to upgrade the educational system.
3.
The
law shall guarantee the independence of universities, institutes of higher
education, and scientific research centers in a manner that guarantees the
freedom of scientific research as well as literary, artistic and cultural
creativity. The National Authority shall encourage and support such creativity.
4.
Private
schools and educational institutions shall comply with the curriculum approved
by the National Authority and shall be subject to its supervision.
Article 25
1.
Every
citizen shall have the right to work, which is a duty and honor. The
Palestinian National Authority shall strive to provide work for any individual
capable of performing it.
2.
Work
relations shall be organized in a manner that guarantees justice to all and
provides workers with welfare, security, and health and social benefits.
3.
Organization
of unions is a right that shall be regulated by the law.
4.
The
right to conduct a strike shall be exercised within the limits of the law.
Article 26
Palestinians
shall have the right to participate in political life, both individually and in
groups. They shall have the following
rights in particular:
1.
To
form, establish and join political parties in accordance with the law.
2.
To
form and establish unions, associations, societies, clubs and popular
institutions in accordance with the law.
3.
To
vote, to nominate candidates and to run as candidates for election, in order to
have representatives elected through universal suffrage in accordance with the
law.
4.
To
hold public office and positions, in accordance with the principle of equal
opportunities.
5.
To
conduct private meetings without the presence of police members, and to conduct
public meetings, gatherings and processions, within the limits of the law.
Article 27
1.
Establishment
of newspapers and all media means is a right for all, guaranteed by this Basic
Law. Their financing resources shall be subject to the scrutiny of the law.
2.
Freedom
of audio, visual, and written media, as well as freedom to print, publish,
distribute and transmit, together with the freedom of individuals working in
this field, shall be guaranteed by this Basic Law and other related laws.
3.
Censorship
of the media shall be prohibited. No warning, suspension, confiscation,
cancellation or restriction shall be imposed upon the media except by law, and
pursuant to a judicial ruling.
Article 28
No Palestinian
may be deported from the homeland, prevented or prohibited from returning to or
leaving it, deprived of his citizenship, or handed over to any foreign entity.
Article 29
Maternal and
childhood welfare are national duties. Children shall have the right to:
1.
Comprehensive
protection and welfare.
2.
Not
to be exploited for any purpose whatsoever, and not to be permitted to perform
work that might damage their safety, health or education.
3.
Protection
from harmful and cruel treatment.
4.
Not
to be subjected to beating or cruel treatment by their relatives.
5.
To
be segregated – in cases where they are sentenced to a penalty that deprives
them of their freedom – from adults, and be treated in a manner that is
appropriate to their age and aims at their rehabilitation.
Article 30
1.
Submitting
a case to court is a protected and guaranteed right for all people. Each
Palestinian shall have the right to seek redress in the judicial system.
Litigation procedures shall be organized by law to guarantee prompt settlement
of cases.
2.
Laws
may not contain any provisions that provide immunity to any administrative
decision or action or against judicial review.
3.
Judicial
error shall result in a remedy by the National Authority. Conditions and
methods of such remedy shall be regulated by law.
Article 31
An independent
commission for human rights shall be established pursuant to a law that will
specify its formation, duties and jurisdiction.
The commission shall submit its reports to the President of the National
Authority and to the Palestinian Legislative Council.
Article 32
Any violation of
any personal freedom, of the sanctity of the private life of human beings, or
of any of the rights or liberties that have been guaranteed by law or by this
Basic Law shall be considered a crime. Criminal and civil cases resulting from
such violations may not be subject to any statute of limitations. The National
Authority shall guarantee a fair remedy to those who suffer from such damage.
Article 33
The enjoyment of
a balanced and clean environment is a human right. The preservation and
protection of the Palestinian environment from pollution for the sake of
present and future generations is a national duty.
Title Three – The President of the Palestinian
National Authority
Article 34
The President of
the Palestinian National Authority shall be elected in a general and direct
election by the Palestinian people, in accordance with the Palestinian Election
Law.
Article 35
Before assuming
office, the President shall take the following oath before the Legislative
Council and in the presence of the Speaker of the Palestinian National Council
and the President of the High Court:
“I swear by God,
the Almighty, to be faithful to the homeland and to its sacred places, to the
people and its national heritage, to respect the constitutional system and the
law, and to safeguard the interests of the Palestinian people completely, as
God is my witness.”
Article 36
The term of the
presidency of the National Authority shall be the interim phase, after which
the President shall be elected in accordance with the law.
Article 37
1.
The
office of the President shall be considered vacant in any of the following
cases:a. Death;
a.
Resignation
submitted to the Palestinian Legislative Council, if accepted by two-thirds of
its members;
b.
Loss
of legal capacity, as per a ruling issued by the High Constitutional Court and
subsequently approved by a majority of two-thirds of the members of the Legislative Council.
2.
If
the office of the President of the National Authority becomes vacant due to any
of the above cases, the Speaker of the Palestinian Legislative Council shall
temporarily assume the powers and duties of the Presidency of the National
Authority for a period not to exceed sixty (60) days, during which free and
direct elections to elect a new President shall take place in accordance with
the Palestinian Election Law.
Article 38
The President of
the National Authority shall exercise his executive duties as specified in this
law.
Article 39
The President of
the National Authority is the Commander-in-Chief of the Palestinian Forces.
Article 40
The President of
the National Authority shall appoint and terminate the services of the National
Authority’s delegates to foreign countries, international organizations and
foreign agencies. The President shall
accept the credentials of foreign delegates to the Palestinian National
Authority.
Article 41
1.
The
President of the National Authority shall promulgate the laws voted by the
Palestinian Legislative Council within thirty (30) days of their transmittal to
him. The President may refer a law back to the Legislative Council with his
observations and the reasons of his objection within the same period.
Otherwise, the law will be deemed promulgated and will be published in
theOfficial Gazette.
2.
If
the President of the National Authority returns the proposed law to the
Legislative Council in conformity with the time limit and conditions specified
in the previous paragraph, the Council shall debate the law again. If the
Council passes the law a second time by a majority of two-thirds of its
members, the proposed law shall be considered approved and shall be immediately
published in theOfficial Gazette.
Article 42
The President of
the National Authority has the right to grant special pardons or to commute
sentences. However, general amnesties or
amnesties for crimes may not be granted except by law.
Article 43
The President of
the National Authority shall have the right, in cases of necessity that cannot
be delayed, and when the Legislative Council is not in session, to issue
decrees that have the power of law. These decrees shall be presented to the
Legislative Council in the first session convened after their issuance;
otherwise they will cease to have the power of law. If these decrees are presented to the
Legislative Council, as mentioned above, but are not approved by the latter,
then they shall cease to have the power of law.
Article 44
The President’s
salary, allowances and remuneration shall be determined by law.
Article 45
The President of
the National Authority shall appoint the Prime Minister and authorize the
latter to constitute his government. The
President shall have the right to dismiss the Prime Minister or to accept his
resignation and to request him to convene the Council of Ministers.
Article 46
The Council of
Ministers shall assist the President in the performance of the President’s
duties and exercise of powers, in the manner stipulated in this Basic Law.
Title Four – The Legislative Authority
Article 47
1.
The
Palestinian Legislative Council is the elected legislative authority.
2.
The
Legislative Council shall assume its legislative and oversight duties as
prescribed in its Standing Orders, insofar as they do not contradict the
provisions of this law.
3.
The
term of this Council shall be the interim period.
Article 48
1.
The
Legislative Council shall be composed of eighty-eight (88) Members elected in
accordance with the law.
2.
If the position of one or more Members becomes
vacant due to death, resignation or loss of capacity, partial elections shall
be conducted in the relevant district to elect a successor, in accordance with
the law.
Article 49
Before
commencing work, every Member shall take the following oath before the Council:
“I swear by God,
the Almighty, to be faithful to the homeland, to preserve the rights and
interests of the people and the nation, to respect the law, and to perform my
duties in the best manner, as God is my witness.”
Article 50
In its first
meeting, the Council shall elect a Speaker, two Deputies to the Speaker, and a
Secretary-General. Together, they shall
make up the Office of the Legislative Council. It shall not be permitted to be
a member of the Office and hold at the same time the position of President of
the National Authority, or Minister, or any other governmental position.
Article 51
The Council
shall accept the resignation of its Members and establish its own Standing
Orders, as well as procedures for questioning its Members, in a manner that
does not contradict the provisions of this Basic Law or general constitutional
principles. The Council shall be solely responsible for maintaining order and
security during sessions and committee meetings. Security personnel may not be present in the
Council premises unless requested by the Speaker or by a Committee Chair, as
the circumstances may require.
Article 52
The President of
the Palestinian National Authority shall open the first ordinary session of the
Council and deliver an opening address.
Article 53
1.
Council
Members may not be questioned in civil or criminal proceedings due to opinions
they express, facts they mention, their voting in Council sessions or committee
meetings, or because of any action they undertake outside the Council in the
course of performing their parliamentary duties.
2.
No
Member shall be interfered with in any manner, nor shall any search be made of
a Member’s luggage, home, place of residence, car, office, or any real estate
or movable property belonging to the Member, throughout the period of immunity.
3.
No
Member of the Legislative Council shall be required during the period of
membership, or subsequently, to testify on any subject regarding
Council-related actions, statements or information obtained as a result of
membership in the Council, unless the Member voluntarily agrees to do so and
has the prior consent of the Council.
4.
No
penal measures shall be taken against any Member of the Legislative Council
unless a Member is found red-handed in the commission of a crime. The Council shall be notified immediately
about measures taken against a Member so that the Council may decide upon its
proper course of action in the matter.
The Office of the Council shall assume this responsibility if the Council
is not in session.
5.
A
Member of the Legislative Council shall not relinquish parliamentary immunity
without the prior permission of the Council. Immunity shall not lapse after
membership in the Council ceases but shall be subject to the limits prevailing
during the membership period.
Article 54
1.
A
Member of the Legislative Council may not exploit Council membership in any
type of private business or in any manner whatsoever.
2.
Members
of the Legislative Council shall present financial statements for themselves,
their spouse and their minor children that detail their wealth, including real
estate and movable property both inside Palestine and abroad, as well as debts.
These statements shall be kept in sealed confidential envelopes at the High
Court of Justice and may not be accessed unless permitted by the Court and
within the limits it allows.
Article 55
A Member of the
Legislative Council shall receive a monthly salary determined by law.
Article 56
Each Member of
the Council shall have the following rights:
1.
To
submit to the executive branch all legitimate requests necessary to enable the
Member to carry out parliamentary functions.
2.
To
propose laws. Rejected proposals may not be resubmitted within the same term.
3.
To
address inquiries and interpellations to the government, to any Minister or to
others of similar rank. Interpellations may only be discussed seven days after
submission, unless the addressee agrees to reply immediately or within a
shorter period. However, the seven-day period can be shortened to three days in
urgent cases and with the approval of the President of the National Authority.
Article 57
1.
Following
an interpellation, a minimum of ten Members of the Council may submit a request
to withdraw confidence from the government or from any Minister. Voting on such
a request may not be held earlier than three days after submission. A decision
may be issued by approval of the majority of the Council’s Members.
2.
Withdrawal
of confidence shall result in termination of the term of the party from whom
confidence was withdrawn.
Article 58
The Council may
form special committees or entrust one of its committees to conduct information
gathering and fact-finding regarding any public matter or regarding any public
institution.
Article 59
The Legislative
Council shall approve the General Development Plan. The law shall specify the
way to prepare and present the Plan to the Council.
Article 60
The law shall
regulate the specific rules governing the preparation and approval of the
general budget and disbursement of funds appropriated in it, as well as any
attached budgets, developmental budgets, budgets for public institutions and
services, and budgets for any project in which the government’s investment
comprises at least 50% of its capital.
Article 61
Taking into
consideration the provisions of Article 90 of this Basic Law:
1.
The
government shall present the draft budget to the Legislative Council at least
two months prior to the start of the fiscal year.
2.
The
Legislative Council shall convene a special session to discuss the annual draft
budget. It shall either ratify it with
the necessary amendments prior to the start of the new fiscal year or send it
back to the government, within a period not exceeding one month from the date
of receipt. The returned draft budget shall include the Council’s observations
so that its requirements can be fulfilled and the draft budget resubmitted to
the Legislative Council for approval.
3.
The
Council’s voting on the general budget shall be title by title.
4.
Transfer
of funds between the various budget titles is not permitted unless it is agreed
upon between the Legislative Council and the Executive branch.
Article 62
The final
accounts of the National Authority’s budget shall be presented to the
Legislative Council no later than one year after the end of the fiscal year.
The Council shall vote on the final accounts title by title.
Title Five – The Executive Authority
Article 63
The Council of
Ministers (the “government”) is the highest executive and administrative
instrument; it shoulders the responsibility for implementing the program that
has been approved by the legislative branch.
Except for the executive powers of the President of the National
Authority, as specified in this Basic Law, executive and administrative powers
shall be within the competence of the Council of Ministers.
Article 64
1.
The
Council of Ministers shall comprise a Prime Minister and a number of Ministers,
not to exceed twenty-four (24) in number.
2.
The
appointment shall identify to which Ministry each Minister shall be assigned.
Formation of the Government
Article 65
1.
Once
appointed by the President of the Palestinian National Authority, the Prime
Minister shall form a government within three weeks of the date of appointment.
There shall be a right to an extension of a maximum of two weeks.
2.
If the Prime Minister fails to form a
government within the stated deadline or does not obtain the confidence of the
Legislative Council, then the President of the National Authority shall appoint
another Prime Minister within two weeks of the passing of the deadline or the
date of the confidence session, whichever applies. Provisions contained in the above paragraph 1
shall apply to the new Prime Minister.
Confidence in the Government
Article 66
1.
Once
the Prime Minister selects the members of the government, the Prime Minister
shall submit a request to the Legislative Council to hold a special session for
a vote of confidence. The vote of
confidence shall take place after hearing and discussing the written ministerial
declaration which specifies the program and policy of the government. The
session shall be held no later than one week from the date of submission of the
request.
2.
The
vote of confidence shall be cast for the Prime Minister and the members of the
government together, unless the absolute majority of the members of the
Legislative Council decides otherwise.
3.
Confidence
shall be granted to the government if it obtains the affirmative vote of the
absolute majority of the Members of the Palestinian Legislative Council.
Article 67
After obtaining
the vote of confidence and before assuming their offices, the Prime Minister
and members of the government shall take the constitutional oath, stipulated in
Article 35 of this Basic Law, before the President of the National Authority
Powers of the Prime Minister
Article 68
The Prime
Minister shall exercise the following powers:
1.
To
form or modify the composition of the Council of Ministers, to dismiss or
accept the resignation of any of its members, or to fill a vacant position.
2.
To
convene the Council of Ministers for weekly meetings, or when necessary, or
upon a request from the President of the National Authority, as well as to set
its agenda.
3.
To
preside over sessions of the Council of Ministers.
4.
To
manage the affairs of the Council of Ministers.
5.
To
oversee the work of the Ministers and public institutions dependent on the
government.
6.
To
issue necessary decisions within the Prime Minister’s competence in accordance
with the law.
7.
To
sign and issue regulations approved by the Council of Ministers.
8.
The
Prime Minister shall appoint a Minister to serve as deputy and to assume the
duties of the Prime Minister, if the Prime Minister is absent.
Powers of the Council of Ministers
Article 69
he Council of
Ministers shall exercise the following powers:
1.
To
devise general policies within the limits of its jurisdiction and in light of
the ministerial program approved by the Legislative Council.
2.
To
implement general policies adopted by the relevant Palestinian authorities.
3.
To
prepare the general budget for presentation to the Legislative Council.
4.
To
prepare the administrative apparatus, set its structure and provide it with all
necessary means, as well as to supervise it and follow up on it.
5.
To
follow up on the implementation of laws and to ensure compliance with their
provisions, taking necessary actions in this regard.
6.
To
supervise the performance of the ministries and all other components of the
administrative apparatus in respect of their duties and functions, as well as
to coordinate between them.
7.
To
be responsible for maintaining public order and internal security.
8.
To
discuss with various governmental bodies relevant to paragraphs 6 and 7 above
their proposals and policies with regard to implementation of their respective
responsibilities.
9.
(a)
To establish or dissolve agencies, institutions, authorities and similar
administrative units belonging to the executive apparatus of the government,
provided that each shall be regulated by law. (b) To appoint heads of
institutions and agencies mentioned above in subparagraph (a), and to supervise
them in accordance with the provisions of the law.
10.
To
specify the respective areas of responsibilities of all ministries, agencies
and institutions, that report to the executive branch, and others of similar
status.
11.
To
assume any other responsibility assigned to it, in accordance with the
provisions of the law.
Article 70
The Council of
Ministers shall have the right to transmit draft laws to the Legislative
Council, to issue regulations and to take necessary actions to implement laws.
Article 71
Each Minister
shall exercise the following powers and functions within their respective ministry:
1.
To
propose the general policy for the ministry and to supervise its implementation
after approval.
2.
To
supervise the conduct of affairs in the ministry and to issue necessary
instructions therefore.
3.
To
implement the general budget within the funds allocated for the ministry.
4.
To
propose bills and legislation related to the ministry and to present them to
the Council of Ministers.
5.
A
Minister may delegate certain powers to a Deputy Minister or to other senior
officers in the ministry, within limits set by the law.
Article 72
Each Minister
shall submit detailed reports to the Council of Ministers on the activities,
policies, plans and achievements of their respective ministry in comparison
with the objectives specified for the ministry within the framework of the
General Plan, including the ministry’s proposals and recommendations concerning
its future policies.
These reports
shall be submitted regularly every three months, so that the Council of
Ministers remains well informed and has sufficient information about the
activities and policies of each ministry.
Meetings of the Council of Ministers
Article 73
1.
Upon
invitation of the Prime Minister, the Council of Ministers shall meet
periodically every week, or whenever necessary. Persons other than Ministers
may not attend these meetings, unless there is a prior invitation from the
Prime Minister.
2.
The
meetings of the Council of Ministers shall be documented.
Accountability of the Prime Minister and Ministers
Article 74
1.
The
Prime Minister is accountable to the President of the National Authority for
his actions and the actions of his government.
2.
Ministers
are accountable to the Prime Minister, each within the limits of their
jurisdiction and for the actions of their respective ministry.
3.
The
Prime Minister and members of the government are jointly and individually
accountable to the Legislative Council.
Article 75
1.
The
President of the National Authority shall have the right to refer the Prime
Minister for investigation as a result of crimes attributed to the Prime
Minister during, or due to, the performance of official duties, in accordance
with the provisions of law.
2.
The
Prime Minister shall have the right to refer any Minister for investigation
based on any of the reasons mentioned in the above paragraph 1, in accordance
with the provisions of law.
Article 76
1.
Any
accused Minister shall be suspended from the performance of official duties
immediately upon the issuance of an indictment. The termination of service
shall not prevent continuing the investigation or follow-up procedures.
2.
The
Attorney General, or a representative from the Public Prosecution, shall
undertake the investigation and indictment procedures. If a trial ensues, it shall be conducted
before an appropriate tribunal and shall follow the provisions and procedures
prescribed in the Penal Code and in the Law of Criminal Procedure.
3.
The
above provisions shall apply to Deputy Ministers, Assistant Ministers and
others of similar rank.
Vote of No Confidence
Article 77
1.
A
minimum of ten Members of the Legislative Council may submit a request to the
Speaker to hold a special session to withdraw confidence from the government or
from any Minister after an investigation.
2.
The
date of the first session shall be specified three days after the date of
submitting the request. The session shall not be held later than two weeks
after the date of the request.
Article 78
1.
A
vote of no confidence in the Prime Minister and the government shall require an
absolute majority of the Members of the Palestinian Legislative Council.
2.
A
vote of no confidence in the Prime Minister and the government shall result in
the termination of their term.
3.
Upon
the completion of the term of the Prime Minister and the government, they will
temporarily exercise their powers in the capacity of a caretaker government,
during which they may make decisions only insofar as they are necessary for the
conduct of executive affairs until a new government is formed.
Article 79
1.
In
case the Legislative Council, by an absolute majority, casts a vote of no
confidence in the Prime Minister, or in the Prime Minister and the members of
the government collectively, the President of the National Authority shall
present a new Prime Minister who will take over from the former within a period
not to exceed two weeks from the date of the vote of no confidence. The new
Prime Minister shall be subject to the provisions of this title.
2.
In
case the Legislative Council casts a vote of no confidence in one or more
members of the government, the Prime Minister shall present the new member or
members to the following session, provided that it takes place within two weeks
of the date of the no confidence vote.
3.
(a)
Any addition or change that affects a portfolio, a Minister, or more than a
Minister shall be considered a ministerial reshuffle, so long as it affects
less than one-third of the members of the Council of Ministers. (b) Upon a
ministerial reshuffle, the addition of a Minister, or the filling of a vacancy,
for any reason, the new Minister or Ministers shall be presented at the very
next session of the Legislative Council, which shall occur no later than two
weeks from the date of the reshuffle or the occurrence of the vacancy, for a
vote of confidence in accordance with the provisions of this article.
4.
Neither
the Prime Minister nor any of the Ministers shall assume their duties until
they have obtained the confidence of the Legislative Council.
Financial Liability of Members of Council of
Ministers
Article 80
1.
The
Prime Minister and each Minister shall submit a financial statement for
themselves, their spouse and their minor children that details what they own in
real estate, movable property, stocks, bonds, cash money and debts, whether
inside Palestine or abroad, to the President of the National Authority, who
shall make the necessary arrangements to maintain their secrecy. Such
information shall remain confidential and may not be accessed unless permitted
by the High Court when necessary.
2.
Neither
the Prime Minister nor any Minister may purchase or lease any property
belonging to the State or to any public entity, or have a financial interest in
any contract concluded with any governmental or administrative body, nor may
they, during their terms of office, be board members in any company, or
practice commerce or any other profession, or receive a salary or any other
financial reward or remuneration from any person in any capacity whatsoever, other
than the single salary determined for Ministers and the relevant allowances.
Remuneration and Allowances of Prime Minister and
Ministers
Article 81
Remuneration and
allowances for the Prime Minister, Ministers and others of similar rank shall
be determined by the law.
Article 82
The appointed
Prime Minister and all Ministers shall be Palestinians who enjoy full civil and
political rights.
Article 83
The government
shall be considered dissolved and shall be reformed in accordance with the provisions
of this title in the following cases:
1.
Upon
the commencement of a new term of the Legislative Council.
2.
After
a vote of no confidence in the Prime Minister, in the Prime Minister and the
government, or in one-third or more of the total number of Ministers.
3.
Upon
any addition, change, vacancy, or dismissal that involves at least one-third of
the Council of Ministers.
4.
Upon
the death of the Prime Minister.
5.
Upon
the resignation of the Prime Minister, or the resignation of one-third or more
of the members of government.
6.
Upon
the dismissal of the Prime Minister by the President of the National Authority.
Security Forces and Police
Article 84
1.
The
Security Forces and the Police are regular forces. They are the armed forces in the
country. Their functions are limited to
defending the country, serving the people, protecting society and maintaining
public order, security and public morals.
They shall perform their duties within the limits prescribed by law, with
complete respect for rights and freedoms.
2.
The
law shall regulate the Security Forces and the Police.
Local Administration
Article 85
1.
The
law shall organize the country into local administrative units, which shall
enjoy juridical personality. Each unit shall have a council elected directly,
as prescribed by law.
2.
The
law shall specify the areas of responsibility of the local administrative
units, their financial resources, their relations with the central authority
and their role in the preparation and implementation of development plans. The
law shall specify the aspects of oversight over these units and their various
activities.
3.
Demographic,
geographic, economic and political parameters shall be taken into consideration
at the time of defining the administrative divisions so as to preserve the
territorial unity of the homeland and the interests of the communities therein.
Public Administration
Article 86
The appointment
of all public officials and governmental staff, and the conditions of their
employment, shall be in accordance with the law.
Article 87
The law shall
regulate all affairs related to civil service. The Civil Service Department
shall, in coordination with the relevant governmental bodies, upgrade and
develop public administration. Its advice shall be sought upon drafting laws
and regulations that deal with public administration and civil servants.
Public Finance
Article 88
Public taxes and
duties shall be imposed, amended and repealed only by law. No one may be
totally or partially exempted, except in circumstances prescribed by law.
Article 89
The law shall
state the provisions concerning the collection of public funds and the
procedures for spending therefrom.
Article 90
The law shall
specify the beginning and the end of the fiscal year, and shall regulate the
public budget. If the public budget is
not approved by the beginning of the new fiscal year, expenditures shall
continue on the basis of a monthly allocation of one-twelfth (1/12) of the
previous fiscal year’s budget, for each month.
Article 91
1.
All
revenues received – including taxes, duties, loans, grants and profits accruing
to the Palestinian National Authority from managing its property or activities
– shall be paid to the Public Treasury.
No part of the Public Treasury funds may be allocated or spent for any
purpose whatsoever except in accordance with the law.
2.
In
accordance with the provisions of law, the Palestinian National Authority may
form a strategic financial reserve, to encounter fluctuations and emergency
situations.
Article 92
Public borrowing
shall be concluded by law. It is not permitted to commit to a project which
would require spending funds from the Public Treasury at a later stage unless
approved by the Legislative Council.
Article 93
1.
The
law shall regulate the Monetary Authority, banks, the securities market,
foreign exchange and insurance companies and all financial and credit
institutions.
2.
The
Governor of the Monetary Authority shall be appointed per a decision issued by
the President of the National Authority and endorsed by the Palestinian
Legislative Council.
Article 94
The law shall
specify rules and procedures for granting privileges or imposing obligations
related to the utilization of natural resources and public facilities. The law
shall also detail the ways and means of dealing with real estate owned by the
state and other public legal personalities, and the rules and procedures
regulating them.
Article 95
The law shall
specify the rules for granting wages, remuneration, pensions, subsidies and
allowances incurring to the state’s treasury. The law shall also specify the
bodies that will be responsible for their implementation. No exceptional funds
shall be spent except within limits specified legally.
Article 96
1.
A
Financial and Administrative Auditing Bureau shall be established by law to
provide financial and administrative oversight to all apparatus and bodies of
the National Authority, which shall include monitoring the collection of public
revenues and spending therefrom, within the limits of the budget.
2.
The
Bureau shall submit to the President of the National Authority and to the
Legislative Council a report annually, or upon request, about its work and
observations.
3.
The
Chief of the Financial and Administrative Auditing Bureau shall be appointed
pursuant to a decision issued by the President of the National Authority and
endorsed by the Palestinian Legislative Council.
Title Six – The Judicial Authority
Article 97
The judicial
authority shall be independent and shall be exercised by the courts at
different types and levels. The law shall determine the way they are
constituted and their jurisdiction. They shall issue their rulings in
accordance with the law. Judicial rulings shall be announced and executed in
the name of the Palestinian Arab people.
Article 98
Judges shall be
independent and shall not be subject to any authority other than the authority
of the law while exercising their duties.
No other authority may interfere in the judiciary or in judicial
affairs.
Article 99
1.
Appointment,
transfer, secondment, delegation, promotion and questioning of judges shall be
as prescribed in the Judicial Authority Law.
2.
Judges
may not be dismissed except in cases that are allowed in the Judicial Authority
Law.
Article 100
A High Judicial
Council shall be created. The law shall specify the way it is constituted, its
responsibilities and its operating rules. The High Judicial Council shall be
consulted about draft laws relating to the Judicial Authority, including the
Public Prosecution.
Article 101
1.
Matters
governed byShari’a law and matters of personal status, shall come under the
jurisdiction ofShari’a and religious courts, in accordance with the law.
2.
Military
courts shall be established by special laws. Such courts may not have any
jurisdiction beyond military affairs.
Article 102
Administrative
courts may be established by law, to consider administrative disputes and
disciplinary claims. Any other
jurisdiction of such courts, and procedures to be followed before them, shall
be specified by the law.
Article 103
1.
A
High Constitutional Court shall be established by law to consider: (a) The
constitutionality of laws, regulations, and other enacted rules.
a.
The
interpretation of the Basic Law and legislation.
b.
Settlement
of jurisdictional disputes which might arise between judicial entities and
administrative entities having judicial jurisdiction.
2.
The
law shall specify the manner in which the High Constitutional Court is formed
and structured, the operating procedures it will follow and the effects
resulting from its rulings.
Article 104
The High Court
shall temporarily assume all duties assigned to administrative courts and to
the High Constitutional Court, unless they fall within the jurisdiction of
other judicial entities, in accordance with applicable laws.
Article 105
Court hearings
shall be public, unless a court decides to make themin camera due to
considerations related to public order or public morals. In all cases, the
sentence shall be pronounced in a public hearing.
Article 106
Judicial rulings
shall be implemented. Refraining from or obstructing the implementation of a
judicial ruling in any manner whatsoever shall be considered a crime carrying a
penalty of imprisonment or dismissal from position if the accused individual is
a public official or assigned to public service. The aggrieved party may file a
case directly to the competent court and the National Authority shall guarantee
a fair remedy for him.
The Public Prosecution
Article 107
1.
The
Attorney General shall be appointed pursuant to a decision issued by the
President of the National Authority, based upon a nomination submitted by the
High Judicial Council.
2.
The
Attorney General shall handle and assume public cases, in the name of the Palestinian
Arab people. The jurisdiction, functions and duties of the Attorney General
shall be specified by law.
Article 108
1.
The
law shall specify the manner of forming the Public Prosecution service, and its
jurisdiction.
2.
The
law shall determine the conditions for appointing, transferring and dismissing
members of the Public Prosecution service and the rules of their
accountability.
Article 109
A death sentence
pronounced by any court may not be implemented unless endorsed by the President
of the Palestinian National Authority
Title Seven – State of Emergency Provisions
Article 110
1.
The
President of the National Authority may declare a state of emergency by decree
when there is a threat to national security caused by war, invasion, armed
insurrection or in times of natural disaster, for a period not to exceed thirty
(30) days.
2.
The
state of emergency may be extended for another period of thirty (30) days if a
two-thirds majority of the members of the Legislative Council vote in favor of
the extension.
3.
The
decree declaring a state of emergency shall state its purpose, the region to
which it applies and its duration.
4.
The
Legislative Council shall have the right to review all or some of the
procedures and measures adopted during the state of emergency, at the first
session convened after the declaration of the state of emergency or in the
extension session, whichever comes earlier, and to conduct the necessary
interpellation in this regard.
Article 111
It is not
allowed to impose restrictions on fundamental rights and freedoms when
declaring a state of emergency except to the extent necessary to fulfill the
purpose stated in the decree declaring the state of emergency.
Article 112
Any arrest
resulting from the declaration of a state of emergency shall be subject to the
following minimum requirements:
1.
Any
detention carried out pursuant to a state of emergency decree shall be reviewed
by the Attorney General, or by the appropriate court, within a time period not
to exceed fifteen (15) days from the date of detention.
2.
The detained individual shall have the right
to select and appoint a lawyer.
Article 113
The Palestinian
Legislative Council may not be dissolved or its work hindered during a state of
emergency, nor shall the provisions of this title be suspended.
Article 114
All provisions
regulating states of emergency that were applicable in Palestine prior to the
entry into force of this Basic Law shall be cancelled, including the [British]
Mandate Defense (Emergency) Regulations issued in the year 1945.
Title Eight – General and Transitional Provisions
Article 115
The provisions
of this Basic Law shall apply during the interim period and may be extended
until the entry into force of the new Constitution of the State of Palestine.
Article 116
Laws shall be
promulgated in the name of the Palestinian Arab people and shall be published
immediately in theOfficial Gazette. These laws shall come into force thirty
(30) days from the date of their publication, unless the law states otherwise.
Article 117
Laws shall apply
only to that which occurs after their entry into force. It may be stipulated
otherwise when necessary, except for penal matters.
Article 118
Laws,
regulations and decisions in force in Palestine before the implementation of
this law shall remain in force to the extent that they do not contradict the
provisions of this Basic Law, until they are amended or repealed, in accordance
with the law.
Article 119
All legal
provisions that contradict the provisions of this Amended Basic Law are
repealed.
Article 120
The provisions
of this Amended Basic Law may not be amended except by a majority vote of at
least two-thirds of the members of the Palestinian Legislative Council.
Article 121
This Amended
Basic Law shall be effective as of its publication in theOfficial Gazette.
Amandemen Tahun 2005
Article 1
Articles 36,
47/Clause 3 thereunder, 48, and 55 of the Amended Basic Law of 2003 A.D. shall
be amended so as to become as follows:
Article 36
The term of the
presidency of the National Authority shall be four years. The President shall
have the right to nominate himself for a second term of presidency, provided
that he shall not occupy the position of the presidency more than two
consecutive terms.
Article 47 – Clause 3
The term of the
Legislative Council shall be four years from the date of its being elected and
the elections shall be conducted once each four years in a regular manner.
Article 48
The members of
the Legislative Council shall be elected in general, free and direct elections
in accordance with the provisions of the Elections Law, which shall determine
the number of members, electoral constituencies and electoral system.
In the event the
position of a member of more than a member of the Legislative Council becomes
vacant, the vacancy shall be occupied in accordance with the provisions of the
Elections Law.
Article 55
Allocations,
rights and obligations of the members of the Legislative Council and Ministers
shall be determined by law.
Article 2
A new article
under number (47 bis) shall be added to the Amended Basic Law of 2003 A.D., the
provision of which shall be as follows:
Article 47 bis
The term of the
current Legislative Council shall terminate when the members of the new elected
Council take the constitutional oath.
Article 3
This Law shall
be effective as of its publication in the Official Gazette.
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