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J O I N T S TAT E M E N T   30 APRIL 2021

Why Palestinian Elections Should


Get Back on Track
Citing Israeli obstruction, President Mahmoud Abbas has put off elections that
were slated to begin in May. The decision is disappointing, as Palestinian
institutions need refreshing. The polls should be rescheduled, with the full backing
of outside powers, including the European Union and United States.

O
n 29 April, Palestinian President Gaza’s increasing isolation, amid the mori-
Mahmoud Abbas “indefinitely bund peace process. In this light, the decision
postponed” three separate rounds to postpone was a major disappointment.
of elections in the occupied Palestinian terri- Frustrating, too, is the international
tories that had been scheduled to start on 22 reaction. Abbas’ external partners – notably
May. His announcement, four months ago, of Europe and the UN – have done little more
dates for these elections had come as a pleas- than express regret at the delay and call
ant surprise to many Palestinians. No voting for new election dates. The U.S. offered no
for Palestinian Authority (PA) institutions, words in defence of Palestinian democracy.
which exercise limited self-rule in the territo- The planned Palestinian elections need and
ries, or the Palestinian national movement’s deserve steadfast outside support. Foreign
main organs has taken place for fifteen years. powers should do all they can to get the
These institutions have become stale and vote back on track, not only offering the
out of touch. Most Palestinians welcomed PA the assistance it needs to bring off all
the opportunity to refresh them, particularly three rounds of elections smoothly but also
the apparent chance to bridge the gap that strongly discouraging Israel from continu-
opened in 2006 between the West Bank, ing to derail the process. They should make
administered by Abbas’s Fatah party, and clear that they will honour the election
the Gaza Strip, administered by the Islamist outcome and continue working relations with
Hamas. In the eyes of many, such internal whichever Palestinian government emerges,
political renewal is necessary if Palestinians subject only to that government committing
are to develop an effective national strategy to respect international law (including pro-
for dealing with the deepening Israeli occu- hibitions on violence against civilians). Israel
pation, including settlement expansion in should abide by its obligations under the
East Jerusalem and the West Bank, but also foundational documents of the Oslo peace

This publication is part of a joint initiative between the International Crisis Group and the United States/
Middle East Project (USMEP) to help resolve the Israeli-Palestinian conflict.
INTERNATIONAL CRISIS GROUP  ·  US/MIDDLE E AST PROJECT  ·  30 APRIL 2021  2

process not to hinder Palestinians’ exercise of These requirements were and remain red
the franchise. But first Abbas and the Pal- lines within Hamas. While Hamas has indi-
estinian leadership will need to reschedule cated its readiness to de facto accept Israel
the elections at the earliest possible date and (notably in revisions to the Hamas charter
fully commit themselves to the project of in 2017) and to work in a government that
political renewal that they embody. affirms the PLO principles (which include
On 15 January, Abbas announced that accepting previous agreements and non-
elections for the Palestinian Legislative violence), it will not explicitly endorse these
Council (PLC), the Palestinian Authority’s stipulations, which remain controversial in
lawmaking body, would be held on 22 May, the movement and are considered relevant
followed by a presidential election on 31 only in the context of any potential compre-
July and elections for the Palestine National hensive deal and regarding which there are
Council, the Palestine Liberation Organiza- no reciprocal demands on Israel.
tion’s internal decision-making organ, on As Crisis Group has argued repeatedly,
31 August. His statement brought a rush of the imposition of the Quartet conditions has
political activity. Some 93 per cent of eligible been counterproductive and overall has had
Palestinians registered to vote, and 36 groups disastrous consequences. Israel, with U.S.
backing, has since blockaded Gaza, where
submitted lists of candidates by the 31 March
Hamas has its de facto government. Fatah
deadline. Presidential decrees and legal
rejected the result, leading to fighting in
interventions made it hard for opposition
which Hamas drove the PA’s security forces
hopefuls to register, and reports of intimi-
out of Gaza and, in effect, took it over. Abbas
dation of candidates challenging the ruling maintained the Fatah-dominated PA’s hold
order were rife. Nevertheless, preparations on the West Bank and, eventually, dissolved
for elections progressed well, and the Pales- the PLC.
tinian Central Election Commission showed On past occasions, Fatah and Hamas have
a high degree of transparency in its opera- been unable to reconcile; nor could they do
tions. Ripples of public engagement were so this time in Cairo. But the 2021 meetings
easy to see. Many electoral slates included were different in that they focused on a more
younger people. An increased women’s quota practical and immediate agenda – how to run
(26 per cent) ensured that 405 of the 1,389 elections in which both would participate and
registered candidates were women. whose outcome both pledged to respect –
which at least held out the promise of larger
In parallel, Fatah, Hamas and other Pal-
breakthroughs down the road. There was
estinian factions met twice in Cairo in early
talk of a joint Fatah-Hamas list for legislative
2021, primarily to agree on election modali-
contests. All these factors added significance
ties. The meetings were not news in them-
to the elections as the momentum toward
selves: Fatah and Hamas have made several polling gathered pace.
attempts to come together behind a common Although the ostensible reason given for
program since 2006, when the Islamists won Abbas’ indefinite postponement was Israel’s
the last PLC vote. Back then, the Quartet, refusal to allow the vote in occupied East
comprising the U.S., EU, UN and Russia, Jerusalem, three other dynamics were in play
imposed three conditions for recognition that made the prospect of elections increas-
of the newly elected government: that it ingly precarious. The first was divisions
acknowledge Israel’s right to exist, renounce within Fatah, whose longstanding internal
violence and accept all previous Israel-Pales- rivalries surfaced during the preparation of
tinian agreements. candidate lists. Fatah split into three blocs:
INTERNATIONAL CRISIS GROUP  ·  US/MIDDLE E AST PROJECT  ·  30 APRIL 2021  3

one backed Abbas’ official list. Another sup- the Quartet’s position and is in fact working
ported a reformist slate that included inde- to restore bilateral relations with the Fatah-
pendents but was led by Nasser al-Qidwa led PA and PLO. The worries about Hamas
and Marwan Barghouthi, the first a former partly explain the lack of Western support
Fatah executive member and nephew of and encouragement for Palestinian elections.
Fatah founder Yasser Arafat, and the second The third dynamic concerns Israel’s
a previous street leader and Fatah parlia- opposition to the elections. This is best
mentarian who is now a prominent political understood as the flip side of why many
prisoner. The third bloc championed candi- Palestinians supported the vote – as an on-
dates tied to Mohammed Dahlan, a breaka- ramp to strengthening Palestinian capacity
way former Fatah security chief now very and agency in challenging Israeli policies and
much estranged from the party leadership. as a way of overcoming Palestinian division
The split with Dahlan is longstanding, but and the isolation of Gaza. Israel refused to
the departure of al-Qidwa and Barghouthi commit to allowing East Jerusalem Palestin-
was new. The cumulative effect left the rump ians to vote in Palestinian general elections,
Abbas-led bloc feeling threatened and weak- a right guaranteed in the Declarations of
ened. From being an exercise in re-electing Principles, under Article II of the 1993 Oslo
Fatah – perhaps as primus inter pares in I accord and Article VI of the 1995 Oslo II
a power-sharing agreement with Hamas – accord and upheld on previous occasions.
elections became an unpredictable challenge These documents are the foundation of the
to business as usual. peace process in which Israel recognised the
The second dynamic was the rift between PLO and which made provisions for estab-
Fatah and Hamas. The rumoured unified lishing the PA. Reports and interviews indi-
Fatah-Hamas slate never came to pass. cate that Israel viewed the highly sensitive
Having won 44.5 per cent of the vote and issue of Jerusalem as a way to undermine
a majority of seats (74 of 132, while Fatah the vote (for Palestinians it is impossible to
won 45, with 41.5 per cent of the vote) in conduct elections without East Jerusalem,
2006, Hamas was signalling that it had which Israel has illegally annexed, remains
more modest power-sharing ambitions for occupied territory and is of high religious
the 2021 elections, pledging not to seek the value – home to al-Aqsa mosque – and politi-
posts of prime minister and foreign affairs cal salience as the capital of a future Palestin-
minister for itself (which could trigger an ian state). Israel may also have considered
international veto of the new cabinet). In that the Jerusalem question would give the
part, Hamas might have been aiming to Palestinian leadership a useful excuse should
relinquish its increasingly burdensome they decide to cancel the polls.
governing authority in Gaza, while maintain- Israel had taken other steps, too. It
ing its power base and resistance capacity disbanded Palestinian election meetings in
there and gaining representation in PLO Jerusalem, arrested two candidates on the
structures. But Fatah became increasingly Hamas list – El Beera Najeh from Ramal-
worried, given its own internal divisions, that lah and Hasan El Werdian from Bethlehem.
Hamas could again emerge as the largest It also enforced restrictions on Palestinian
party in a vote. Outside powers, not least the movement within and between the occu-
U.S., shared this concern. Hamas is a U.S.- pied territories, making sure that anything
listed Foreign Terrorist Organisation. The resembling a normal election campaign (even
Biden administration has shown no appetite accounting for COVID-19 safety measures)
for expending political energy on rethinking was impossible. There are well-sourced
INTERNATIONAL CRISIS GROUP  ·  US/MIDDLE E AST PROJECT  ·  30 APRIL 2021  4

reports of Israeli security officials warning to lock in Palestinian division and the dire,
the Palestinian leadership not to proceed blockade-induced deterioration in Gaza. The
with the vote. institutions of Palestinian self-governance,
As for Western powers, having urged limited as they are by various forms of Israeli
the Palestinians to renew the democratic control, have long since ceased to be account-
process over many years, they largely failed able to or representative of the Palestinian
to step up when put to the test. The period
public. In the fifteen years since Palestinians
between the announcement of polls and the
have had a chance to elect a president or
decision to postpone was marked by absence
legislators – and the even longer time since
of foreign engagement to help see that the
PLO elections – the Palestinian proto-state
elections would take place or to plan for how
to respond to results. European states called has increasingly been shorn of checks and
on President Abbas to issue relevant election balances. It has become a system of rule
announcements and decrees, and committed by presidential decree, with the legislative
to help facilitate the vote, including in East branch disbanded and judicial independ-
Jerusalem. But they did not deliver on these ence eroded. This development has robbed
commitments and failed to push back when ordinary Palestinians of any say not just in
Israel refused the necessary entry permis- their own governance but also in the strate-
sions for a European preparatory mission gies their leaders pursue toward realising
and election observers. The Biden admin- their freedoms.
istration stated that elections are “a matter
for the Palestinian people to determine”.
To move forward:
But, at the same time, the State Depart-
ment reiterated its standing position toward • Western governments should make a
Hamas participation by invoking the Quartet clear and unequivocal commitment to
requirements. Washington also said nothing the Palestinian democratic process, call
about Israel’s disruptive measures, including for the immediate announcement of new
refusing Palestinian requests for clarifica- dates for the holding of all three rounds
tion on East Jerusalem voting and arresting of Palestinian elections, and stand behind
candidates. their completion on those dates. They also
Indeed, there was a sense that for many should work with the parties to de-escalate
outside powers the decision to postpone any immediate tensions resulting from
came as a relief. Working out how to deal the announcement of postponed elections,
with a Hamas win was too difficult, cajoling especially amid violence in East Jerusalem
Israel into accepting the Palestinian vote in and between Gaza and Israel that could
East Jerusalem too daunting, the implica- easily spread to the West Bank. They
tions for the (anyway stalled) peace process should call on Israel to desist from provoc-
too unpredictable and the dispatch of elec- ative policing measures in East Jerusalem,
tion observers under coronavirus conditions notably with the month of Ramadan com-
too challenging. ing to an end and Eid holidays approach-
This is more than a missed opportunity. ing.
In its short-term thinking it helps guaran-
tee the further hollowing-out of Palestinian • Those states in a position to do so, espe-
democratic institutions, rendering even cially regional states (Egypt, Qatar and
more divorced from reality the interna- Turkey), should, in dialogue with the rel-
tional position of Palestinian state-building evant Palestinian factions, continue steps
and the two-state concept, while helping to promote reconciliation and agreements
INTERNATIONAL CRISIS GROUP  ·  US/MIDDLE E AST PROJECT  ·  30 APRIL 2021  5

regarding the future conduct of elections. work of civil society electoral monitoring
They should discourage Fatah and Hamas bodies.
from responding in destructive ways to the
postponement and from any further cur- For its part, the government of Israel con-
tailing of democratic space in civil society. tinues to renege on commitments made in
Given the stated opposition of Hamas and signed agreements, including with regard to
other factions to Fatah’s reversal of elec- the Palestinian vote in East Jerusalem. While
tions, this would best include a credible this is nothing new and is inherent to Israel’s
commitment to seeing through a resched- entrenched occupation of Palestinian terri-
uled vote. tories, Israel should consider that the further
hollowing and delegitimising of Palestinian
• In encouraging elections to take place on institutions risks a backlash that has both
the newly announced dates, the Quartet, security and political implications. Ideally,
in particular the U.S. and EU, should state it would abide by relevant clauses of the
that they intend to respect the outcome of Oslo framework, notably those pertaining to
elections, and clarify that they will deter- allowing East Jerusalem Palestinians to cast
mine their engagement with a future Pal- their votes; desist from politically motivated
estinian government based on its commit- detentions, arrests and other actions that
ment to resolving the conflict and acting contribute to more tensions and create an
in accordance with international law. They atmosphere of intimidation; and facilitate
should not allow the Quartet conditions movement between the West Bank and Gaza
pertaining to the 2006 elections to further in ways that enable candidates to campaign
hinder progress. The Quartet should also more effectively.
urge Israel to enable and facilitate voting Finally, the Palestinian leadership should
for East Jerusalem Palestinians in accord- announce, in short order, a new schedule
ance with signed agreements and previous for all three rounds of elections and adhere
practice, setting out consequences and to that schedule in full. Promises to renew
response steps in the event of Israel’s fail- reconciliation talks with Hamas and other
ure to comply. Likewise, they should urge factions are not a substitute for elections, nor
Israel to desist from threats and actions of are they likely to make progress against the
intimidating, detaining and imprisoning backdrop of postponed elections. The Pal-
candidates and their supporters, and to estinian authorities should also desist from
remove restrictions on campaigning and political arrests and intimidation of candi-
freedom of movement. dates or lists and aim to create an atmos-
phere of trust, stability and safety during the
• Europeans and others should be ready to campaign.
deploy election observers, including pre- Elections in the occupied Palestinian ter-
paratory missions, in the lead-up to elec- ritories, if they go ahead, will not be free and
tions, with necessary precautions taken fair in any universally recognisable sense.
for COVID-19, and should demand the The circumstances under which any Palestin-
necessary cooperation from Israel to allow ian election takes place – Israeli occupation
this deployment. They should continue and Palestinian statelessness – render that
to give technical and practical support to impossible. Palestinians face daily viola-
the Central Elections Commission and the tions of their basic human rights to freedom,
INTERNATIONAL CRISIS GROUP  ·  US/MIDDLE E AST PROJECT  ·  30 APRIL 2021  6

dignity and health alongside continued and the absence of Palestinian leadership
creeping annexation of Palestinian territory accorded public legitimacy via a vote have
by Israel. further damaged Palestinian capacity to fash-
Still, the absence of structures for demo- ion a strategy for ending the military occu-
cratic engagement between Palestinian pation and the conflict with Israel through
leaders and public is a glaring problem, one negotiations. Breaking the impasse requires
that has become more acute as the circum- elections not only for the Palestinian Author-
stances of Palestinians on the ground have ity, but also for the PLO structures.
deteriorated. In particular, Palestinians have Elections are no cure-all, but account-
paid a high price for the entrenched discon- able, representative and renewed Palestinian
nect between Gaza and the West Bank – not governance and national institutions are a
only territorially, but also in terms of politics, prerequisite for reasserting much-needed
administrative structures and movement of Palestinian agency. They deserve interna-
goods and people. The Fatah-Hamas divide tional support.

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