Who will take over the presidency of the Palestinian Authority if the position becomes vacant?

On November 28, 2024, Palestinian President Mahmoud Abbas issued a constitutional declaration. This declaration allows the Speaker of the National Council, Rawhi Fatuh, to temporarily take over the presidency of the Palestinian National Authority if the presidential office becomes vacant.

The declaration specifies that if the presidency is vacant and the Legislative Council is not in place, the President of the National Council will assume the presidency for a maximum of 90 days. During this time, free and direct elections for a new president will be organized according to the electoral law.

The Palestinian Constitution states that the Council President temporarily takes over the state’s presidency for 60 days while presidential elections are held. However, since Hamas won a majority in the Legislative Council in 2006, that council was dissolved in late 2018 by the Constitutional Court.

Rawhi Fatuh, now 75, leads the Palestinian National Council and is aligned with the Fatah movement, which President Abbas heads. The National Council represents the Palestinian people’s highest legislative authority both within and outside Palestinian territories. Fatuh previously filled the presidential role for 60 days after Yasser Arafat’s death in 2004 before Abbas was elected in January 2005.

Fatuh has faced controversy, notably in 2008 when authorities confiscated over 3,000 mobile phones from his car. He denied involvement and accused his driver of smuggling. He was acquitted by the Palestinian judiciary a year later. Abbas has appointed Fatuh to various positions, including personal representative of the president and chairman of the executive committee of the Liberation Organization, and Fatuh has been the president of the Palestinian National Council since 2022.

​what are the main concerns surrounding the legitimacy of rawhi ⁣Fatuh’s temporary presidency in Palestine?

Interview with Hani al-Masri, Palestinian​ Political Analyst and Director of the Palestinian Center for Policy Research

News Directory⁣ 3: Mr. al-Masri, ⁤can you elaborate on the importance of President Mahmoud Abbas’s constitutional declaration regarding the temporary presidency?

Hani al-Masri: This declaration is pivotal for several reasons. First, it establishes a clear succession‍ plan for the Palestinian leadership, which ‍is critical considering ⁣the ongoing political ⁣challenges we face. With President ‍Abbas’s age and health relevant to the current political climate, this move aims to ensure continuity and stability, notably after the absence of a functioning Legislative Council since its dissolution in 2018.

News Directory ‌3: How will Rawhi ‍Fatuh’s role as temporary president influence ⁤the political‍ landscape in Palestine?

Hani al-Masri: Fatuh’s appointment could solidify⁢ the Fatah movement’s dominance in Palestinian politics for a brief period. Though, his presidency is limited to 90 days, which ⁣places pressure on him ⁢to organize credible elections swiftly.While his leadership is⁢ seen as a stabilizing force by some, his previous controversies and past leadership in a transitional⁣ capacity‌ could raise concerns​ about legitimacy and public support.

News Directory 3: There are reports of pressure from international actors like the U.S. and‌ Saudi Arabia influencing this decision. Can ‍you discuss that?

Hani al-Masri:‌ Certainly. There was notable diplomatic pressure to ensure that there would be no power vacuum, especially given tensions with Hamas and the deteriorating situation in the region.The involvement of regional leaders, such⁣ as those from Jordan and Egypt,⁢ indicates the international community’s desire for a stable Palestinian governance that could facilitate negotiations and potentially lead to broader regional stability.

News Directory 3: Some critics have cited a lack ‍of legitimacy in this transition. Can⁤ you explain their concerns?

Hani al-Masri: Critics argue that appointing someone​ from the National Council, ‍which has not⁢ provided a representative democratic process in recent years, raises questions about legitimacy. Many ⁤Palestinians feel excluded from this decision-making process.​ The absence of a Legislative Council to validate this transition exacerbates fears of a constitutional vacuum,‍ potentially undermining Fatuh’s authority ⁤during his temporary presidency.

news Directory 3: Lastly, ‌what⁤ are the implications of the Autonomous Commission ‍for Human Rights reviewing this declaration?

Hani al-Masri: The Commission’s⁢ review ⁤is crucial in assessing whether any human rights violations have​ occurred as an inevitable result of this constitutional declaration. Their findings could highlight broader issues ⁤regarding political representation and accountability within the Palestinian governance framework. This scrutiny might also‍ influence public perceptions and trust in‌ the leadership,⁢ ultimately affecting Fatuh’s ability to govern effectively during his interim presidency.
Born on August 23, 1949, in Borka, Fatuh later moved to Rafah. He studied in Egypt, Jordan, and Syria, earning degrees in English and political science. He joined Fatah in 1968 and held several leadership roles, including Minister of Agriculture in the Palestinian government led by Ahmed Qurai in 2003.

A Fatah official indicated that President Abbas decided to name a temporary president after discussions with international diplomats. The aim was to ensure a smooth power transfer and avoid political instability. Abbas consulted leaders from Jordan, Egypt, and Saudi Arabia about appointing a deputy during his absence.

Hani al-Masri from the Palestinian Center for Policy Research noted that the decision followed pressure from the U.S. and Saudi Arabia to ensure continuity in leadership. However, some critics argue that Abbas’ move lacks legitimacy since it selected a leader from the National Council, which may not represent all Palestinians.

The Independent Commission for Human Rights intends to review the constitutional declaration to identify any human rights violations. Al-Masri also expressed concern that the decision was made without sufficient consensus or validation from legal authorities, possibly leaving a constitutional vacuum without a Legislative Council.