Palestinian Media Watch Bulletin
Wednesday January 22, 2003

PALESTINIAN MEDIA WATCH
phone: 972- 2- 625-4140 fax: 972-2- 624-2803
visit our website, click here: http://www.pmw.org.il
for further information, contact PMW Director, Itamar Marcus
material may be quoted, citing PMW as the source

The New PA Constitution - Excerpts of the Draft
By Itamar Marcus

Introduction:
The Palestinian Authority (PA) daily Al Ayyam published excerpts from the
proposed constitution. Some notable points:

Jerusalem is the Palestinian capital.

Palestinian refugees' "return" and their right to compensation is addressed.

A legislative council exclusively aiding Palestinians in so called "exile"
is to be set up.

Different border options are suggested.

Principles of Islamic Sharia law are to form the primary basis of
legislation.

Following are excerpts from the draft:
".There will be two legislative councils, one of which will represent the
Palestinians in exile.

.The emphasis will focus upon the Palestinian refugees and their right to
compensation for what has been stolen from them, including land and
property, as well as for their suffering. And the Palestinian state will
monitor the implementation of these rights as sanctioned by international
law.

The proposal offers several versions regarding the boundaries of a
Palestinian state.

In the fourth clause it is written,
"An independent Palestinian state that has full sovereignty and territorial
continuity, which will not be divided up within its recognized borders. It
will be supported by international recognition as expressed through all
United Nations resolutions on this matter. Anyone within these borders will
be subject to Palestinian law and no other."

Another proposal is worded as follows:
"They [the borders-] will be determined according to the will of the
Palestinian people along the lines of what international law dictates for
all peoples in similar situations regarding territorial land, waters and
airspace. This will be in accordance with international law, and its
territory will be continuous without any divisions in the Gaza Strip, the
West Bank and East Jerusalem, within the borders that existed just before
their occupation by Israel on 5th June 1967. There will be no compromises on
this, and the state will effect their return through the legitimate means
that were established by international law and UN resolutions regarding
other nations."

A third proposal is:
"It is suggested that no borders should be specified, because most legal
systems around the world do not determine the borders of a state according
to law."

In the sixth clause of the council's constitution, it states:
"The Arabic language is the state's official language, and Islam is its
official national religion. The major religions will be respected, and the
state will guarantee to maintain the sanctity of religious sites."

Subsequently it is written in the seventh clause,
"The principles of Islamic Sharia law will form the primary basis of
legislation. (There is also the suggested addition of, "according to
legislation that will be instituted by the legislative council.")

.It is forbidden to exile any Palestinian from his homeland, and handing
over any Palestinian to a foreign country is also prohibited, unless it is
under the terms of a valid agreement with the Palestinian state. In clause
35 it is written, "A Palestinian may not be extradited for political crimes,
but it is permissible to hand over any foreign political exile."

The headquarters of the legislative council will be situated in the capital
of the Palestinian state in East Jerusalem, and it will be able to assemble
in any other place that it decides upon.

. A law of general mobilization will be introduced under which all of the
national forces will be conscripted for the protection of the homeland and
the rights of its citizens."
[Al Ayyam, January 20, 2003]