Jerusalem, Palestine – The committee tasked with drafting a constitution for a Palestinian state published the first draft of a provisional constitution on Tuesday and opened it for public comment for 60 days. This step is part of a package of legal and constitutional reforms being implemented by the Palestinian Authority, following the recognition of a Palestinian state by several Western countries last year.
The committee stated on its website that its mandate is to prepare a provisional constitution “for the transition from authority to statehood.” Palestinian Authority President Mahmoud Abbas tasked it with this work last August, with the participation of legal experts and political figures.
The publication of the draft comes amidst international efforts supporting the two-state solution. Major Western countries, including France, officially recognized a Palestinian state last September. This recognition was seen as part of pressure on Israel to end the war in the Gaza Strip. Israel, however, rejects the establishment of an independent Palestinian state, considering it a threat to its security.
According to Reuters, the draft constitution includes a preamble affirming the Palestinian people’s “inalienable and inalienable” right to self-determination. It also describes the Palestinian state as “a state still under occupation, determined to write its existence with the ink of resilience and hope.”
Among the most prominent articles in the draft is Article 79, which regulates the procedure for filling a vacancy in the presidency, whether due to death, resignation, or incapacity.
The article stipulates that the Speaker of Parliament shall assume the duties of the presidency temporarily in the event of a vacancy. Alternatively, the Chief Justice of the Constitutional Court shall assume these duties if Parliament is not in session, with the stipulation that presidential elections be held within 90 days.
The draft also amends the presidential and parliamentary terms to five years instead of four. It remains unclear whether the adoption of the interim constitution will supersede a previous decree stipulating that the Vice President assumes the duties of the presidency temporarily in the event of a vacancy.
Donor countries have consistently urged the Palestinian Authority to implement institutional reforms and combat corruption. Meanwhile, observers view the draft as an attempt to restructure the constitutional framework in preparation for a new political phase.
