In the years since its creation as a result of the
Israeli-Palestinian peace process, the Palestinian Authority has exhibited
serious deficiencies in governance and lawmaking. Instances of graft and
corruption are widespread, with losses of governmental funding and
international aid estimated to be in the hundreds of millions of dollars.
Similarly, monopolization and unfair practices dominate the Palestinian
economy, stifling foreign investment and creating rampant unemployment and
stagnation. Violations of human rights and individual freedoms, ranging
from unjust imprisonment to torture have also become commonplace.
These trends have been perpetuated and promoted by
the governmental structure of the PA itself. The lack of independence in
the judiciary and legislature has created a political vacuum. Laws
providing basic individual freedoms and a separation of powers between the
different branches of government are strikingly absent, making the
Authority unable to impose the rule of law substantively. At the same
time, Chairman Yasser Arafat and his Cabinet have failed to respond to
growing calls for reform from the population and members of the
government. As a result, popular support for Arafat and his Cabinet has
waned, while radical Islamic contingents within the Palestinian body
politic have begun to gather force. The absence of the rule of law thus
represents a major threat to normalized relations between Israel and the
Palestinians, movements toward democracy on the part of the Palestinians,
and perhaps even the peace process itself.
The paper looks at the current state of democracy and
the rule of law within the Palestinian Authority, including:
-
A study of the structure of Palestinian government,
including the scope and powers of the Palestinian Legislative Council
and judiciary;
-
An examination of current human rights practices
and instances of corruption and graft within the Palestinian government
and ministries;
-
An analysis of monopolies and unfair practices
within the Palestinian economy; and
-
An assessment of current deficiencies in
transparency and judicial independence within the PA.
Given these trends, this paper will also seek to
identify the major challenges to the Palestinian rule of law and long-term
stability. Among these trends is the lack of a clear line of succession
within the PA cabinet and the challenge to the Palestinian Authority posed
by radical Islamic organizations. Finally, the paper will examine
prospects for strengthening democracy and the rule of law within the
Palestinian Authority.
