VZCZCXYZ0000
OO RUEHWEB

DE RUEHJM #0386/01 0271647
ZNY CCCCC ZZH
O 271647Z JAN 06
FM AMCONSUL JERUSALEM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9979
INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY
RHEHNSC/WHITE HOUSE NSC PRIORITY

C O N F I D E N T I A L JERUSALEM 000386 
 
SIPDIS 
 
SIPDIS 
 
NEA FOR FRONT OFFICE, NSC FOR ABRAMS/DORAN/MUSTAFA 
 
E.O. 12958: DECL: 01/27/2016 
TAGS: ASEC IS KDEM KPAL KWBG PBTS PGOV PREL
SUBJECT: PA BASIC LAW: SEPERATION OF POWERS AND SECURITY 
FUNCTIONS 
 
 
¶1. (C) SUMMARY: The PA Basic Law and Presidential Decrees are 
the primary legal bases for government formation and control 
of the PA Security Forces (PASF).  While the law is clear on 
some issues such as the selection of the Prime Minister and 
the Council of Ministers, the Basic Law does not say anything 
about when the President can dissolve the PLC or call for new 
elections.  The President has direct authority over General 
Intelligence and Presidential Security, but also maintains 
indirect authority over the other security services through 
provisions of the Basic Law and various Presidential Decrees. 
 In practice, operational control of the PASF has always been 
more of a political than a legal question.  END SUMMARY 
 
-------------------- 
Government Formation 
-------------------- 
 
¶2. (SBU) Under Article 45 of the Basic Law, the President 
selects a Prime Minister designee and tasks him with forming 
a government.  The designee has 3 weeks to form a cabinet 
with the possibility of a two-week extension.  After the 
designee has formed a government, it is presented to the PLC 
for a vote of confidence.  If the cabinet receives an 
absolute majority, a government is formed, if not the 
President must select a new Prime Minister designee and the 
process begins again. 
 
------------------------ 
Prime Ministerial Powers 
------------------------ 
 
¶3. (SBU) The Prime Minister serves at the will of the 
President as mandated by Article 45, which gives the 
President the right dismiss the Prime Minister or convene the 
Council of Ministers at any time.  The Prime Minister's 
primary function is to oversee the work of the Council of 
Ministers. 
 
----------------------------- 
Dismissing the Cabinet or PLC 
----------------------------- 
 
¶4. (SBU) Effectively, the President can dismiss the Cabinet 
by firing his Prime Minister.  The Basic Law makes no mention 
of whether the President can dismiss the PLC and there is no 
other existing legal basis for such a move.  Notably, PLC 
Speaker Rawhi Fattuh proposed an amendment to the Basic Law 
on January 21 to give the President the power to dissolve the 
PLC.  (NOTE: At the time the amendment failed to garner the 
support of enough PLC members to bring the measure to debate. 
 It is unlikely that the amendment will move forward at this 
stage.  END NOTE)  Article 2 of the PA Election Law specifies 
that PLC elections shall be held every four years.  (NOTE: 
Presidential Chief of Staff Rafiq Husseini told Consul 
General that the President's legal advisor believes it may be 
possible for the President to dissolve the PLC under certain 
circumstances.  See Septel.  END NOTE) 
 
------------------- 
Control of the PASF 
------------------- 
 
¶5. (C) Control of the PASF has always been more of a 
political than a legal question.  In April 2005, President 
Abbas issued a decree unifying all the PASF under the 
Interior Minister, except General Intelligence, which remains 
under Presidential authority pursuant to the General 
Intelligence Law.  The President also exercises direct 
authority over the Presidential Security force.  In addition, 
Article 39 of the Basic Law, which specifies that the 
President is the Commander-in-Chief of all PASF, gives the 
President indirect authority over all the security forces. 
Under the 2003 Amendment to the Basic Law, however, 
operational control of the PASF was theoretically divided 
between "external" functions (National Security Force, 
Presidential Security and General Intelligence (Mukhabarat)), 
under Presidential control, and "internal" functions 
(Preventive Security, Civil Police, and Civil Defense), under 
Prime Ministerial control.  As Prime Minister, Abu Mazen 
briefly assumed control over the three internal security 
apparatuses, while then President Arafat retained direct 
control over the National Security Force and General 
Intelligence.  While President Abbas expanded the powers of 
the Interior Minister with his April 2005 decree, Nasir Yusif 
has always reported in practice directly to the President, 
rather than the Prime Minister. 
 
----------------------- 
Passing a Law, 
 
Amending the Basic Law 
----------------------- 
 
¶6. (C) Passing a law in the PLC requires a simple majority, 
67 votes, and approval by the President.  If the President 
vetoes legislation, it can be overridden with a two-thirds 
majority of the PLC.  With 76 members, Hamas will have no 
trouble advancing its agenda through the legislature. 
Amending the Basic Law requires a two-thirds majority of the 
PLC, 87 members.  With 4 allied independents and the likely 
support of the 3 PFLP members, Hamas is four votes away from 
having enough votes to change the Basic Law.  The President 
has the power to issue presidential decrees, which have the 
force of law.  However, any such decree does not have the 
force to override the Basic Law. 
 
WALLES