Press Release

July 8, 2005

Human Rights and Democracy:

Conceptualization and Application in Palestine

In spite of this year’s elections and other democratic reforms initiated in the past six months by President Mahmoud Abbas (Abu Mazen), substantive democracy remains elusive in the Palestinian Territories, existing more in theory than in practice.  Indeed, the will of the Palestinian people reflects a keen desire for democracy, but that sentiment has yet to translate fully into viable democratic institutions and principles.  Obstacles to democracy are rooted in both external and internal sources, primarily in the occupation, and secondly in flaws within the Palestinian Authority (PA) itself. 

These factors have frustrated the development of democracy in Palestine in the following ways:

1)      Elections.  Despite the success of the presidential and municipal elections earlier this year, the Palestinian Legislative Council (PLC) elections originally scheduled for this month have been postponed indefinitely.  While the reasoning that more time is needed to discuss the new electoral law is perhaps understandable, indefinite postponement undermines the tenuous commitment to democratic procedures established in the earlier elections.  A new date should be set for the elections, and the elections should be held on that day as planned.

2)      Political Parties.  The emergence of a truly pluralist party structure has been hindered by the dominance of the so-called “old guard” of Fatah and the religious extremism of Hamas.  It is time for the emergence of a “third movement” that provides alternatives to these options.  In the meantime, Fatah must be disentangled from the PA if the PA is to cultivate a sense of legitimacy.

3)      Separation of Powers.  Under President Yasser Arafat, power was largely concentrated in the executive branch, giving Arafat a highly personalized system of authority and allowing him to bypass the majority of institutions to extend his influence.  Substantive democracy requires a separation of powers between the executive, legislative, and judiciary branches, with a system of checks and balances between them.

4)      Judiciary Reform.  The judiciary branch has been virtually nonexistent, resulting in a lack of ability to enforce laws and oversee the actions of the PLC and the executive branch.  Judicial reform can be important on the symbolic level by restoring order and serving as an indicator of the authenticity of reforms.  More importantly, it can be a real tool for providing mechanisms to prosecute corruption, address political issues, and enforce human rights.

5)      Security.  Security services under Arafat came to be associated with authoritarianism, corruption, and human rights violations against fellow Palestinians, including illegal detentions, improper trials, torture, and executions.  A functional democracy requires an orderly security system characterized by professionalism, transparency, and accountability that respects and protects human rights.

6)      Occupation.  Potential reforms in all of the above areas have been severely limited by the occupation.  Democracy cannot exist in the absence of independence and human rights, both of which are denied by the nature of the occupation.

PHRMG applauds the perseverance of Palestinians who have continued to advocate for democracy through both civil society organizations and through direct participation and nonviolent activism.  For their efforts to be effective however, internal reforms must be pursued in conjunction with real steps to end the occupation.  It is thus imperative for both domestic and international actors to recognize the legitimacy of democracy advocates in Palestine and support the establishment of an independent Palestinian state built on the foundations of democracy and human rights.

This press release precedes the publication of a new report, “Human Rights and Democracy:  Conceptualization and Application in Palestine,” to be published this month.