Palestinian National Authority - Constitution of Palestine

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Palestinian National Authority

Constitution of Palestine

Published by Good Press, 2020

EAN 4064066431754

Table of Contents

Introduction

Table of Contents

The Palestinian people have always been tied to the land of their forefathers, with this fact articulated in the Declaration of Independence issued by the Palestinian National Council, and confirmed by the steadfastness of the people at every turn as they sustain their national identity. This organic relationship between the people, the history and the land has maintained itself in a manner that urges the whole world to recognize the rights of the Arab Palestinian people and their national entity as equals with all other peoples.

The birth of the Palestinian National Authority on the land of the homeland Palestine - the land of the forefathers and grandfathers - comes in the context of the bitter and ongoing struggle during which the Palestinian people have sacrificed thousands of martyrs and wounded and prisoners in order to achieve the imperishable national rights of return, self determination, the establishment of the Palestinian state with Jerusalem as its capital under the leadership of the Palestine Liberation organization, which is the sole and legitimate representative of the Palestinian people wherever they are.

During the interim phase that resulted from the Declaration of Principles, the issue of building the PNA and its three pillars - the legislative, the executive and the judicial - was a pressing national task. Upon establishing the Palestinian Legislative Council through general, direct and free elections, it became clear that ratifying an appropriate Basic Law for the interim phase would be the basis for organizing mutual relations between the authority and the people. This was the first step in defining the distinguishing features of civil society for achieving independence. It was, at the same time, a foundation for legislation and ratification of the laws that would unify the Palestinian homeland.

This Basic Law defined the unchanging principles that represent our collective people and their spirit and national ideology and sense of belonging. The chapters of this Basic Law include advanced and modern constitutional regulations and norms, whether in relation to rights and public and personal liberties that achieve justice and equality for all without discrimination, or in relation to the rule of law and a balance of powers and clear lines separating jurisdictions in a manner that achieves independence and integrity for the sake of higher national interests.

The fact that the temporary Basic Law was meant to serve for the interim period makes the case that this is a crucial step along the path to achieving the national and historical rights of the Palestinian people. No one can abolish the peoples right to seek the right of return and self-determination, including the establishment of the independent Palestinian state with Jerusalem as its capital.

The temporary provisions of this law do not cancel or nullify the rights of any Palestinian individual, wherever he is, to enjoy equal rights with other citizens in the land of the homeland.

This temporary Basic Law gains its strength from the will of the Palestinian people and their unchanging rights and unyielding struggle. The Palestinian people exercised their democratic right to elect the president of the Palestinian National Authority and members of the Palestinian Legislative Council to begin organizing and building democratic and legislative life in Palestine. The law, as it was ratified by the PLC, is based on the premise that the Palestine Liberation Organization is the sole and legitimate representative of the Arab Palestinian people.

Chapter One

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ARTICLE 1

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Palestine is part of the large Arab World, and the Palestinian people are part of the Arab Nation. Arab Unity is an objective which the Palestinian People shall work to achieve.

ARTICLE 2

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The Palestinian People are the source of all power, which shall be exercised through the legislative, executive, and judicial authorities, based on the principle of separation of powers, and in the manner set forth in this Basic Law.

ARTICLE 3

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Jerusalem is the Capital of Palestine.

ARTICLE 4

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1. Islam is the official religion in Palestine. Respect and sanctity of all other heavenly religions shall be maintained.
2. The principles of Islamic Sharia shall be the main source of legislation.
3. Arabic shall be the official language.

ARTICLE 5

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The governing system in Palestine shall be a democratic parliamentary system based on political and party pluralism. The President of the National Authority shall be directly elected by people. The Government shall be responsible to the President and to the Palestinian Legislative Council.

ARTICLE 6

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The principle of the rule of law shall be the basis of government in Palestine. All authorities, powers, agencies, institutions and individuals shall be subject to law.

ARTICLE 7

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Palestinian citizenship shall be regulated by law.

ARTICLE 8

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The flag of Palestine shall be in four colors, and in accordance with the dimensions and measurement approved by the Palestinian Liberation Organization. It shall be the official flag of the country.

Chapter TwoPublic Rights and Freedoms

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ARTICLE 9

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All Palestinians are equal under the law and judiciary without discrimination because of race, sex, color, religion, political views, or disability.

ARTICLE 10

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1. Basic human rights and freedoms shall be binding and respected.
2. The Palestinian National Authority shall work without delay to join regional and international declarations and covenants which protect human rights.

ARTICLE 11

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1. Personal freedom is a natural right, and shall be guaranteed and protected.
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 law. The law shall specify the period pre-arrest detention. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons.

ARTICLE 12

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Every arrested person shall be informed of the reasons for his arrest or detention. He shall be promptly informed, in a language he understands, of the nature of the charges brought against him. He shall have the right to contact a lawyer and to be tried without delay.

ARTICLE 13

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1. No person shall be subject to any duress or torture. All persons deprived of their freedom shall receive proper treatment.
2. All statements or confessions obtained through violations of paragraph one of this article shall be considered null and void.

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