The Amended Basic Law (Promulgated
In the Name of God, the Merciful and the
Compassionate.
Introduction
The continuous
attachment of the Arab Palestinian people to the land of their fathers and
forefathers, on which this people has historically lived, is a fact that has
been expressed in the Declaration of Independence, issued by the Palestine
National Council. The strength of this attachment is confirmed by its
consistency over time and place, by keeping faith with and holding onto national
identity, and in the realization of wondrous accomplishments of struggle. The
organic relationship between the Palestinian people, their history and their
land has confirmed itself in their unceasing effort to prompt the world to
recognize the rights of the Arab Palestinian people and their national entity,
on equal footing with other nations.
The birth of the
Palestinian National Authority in the national homeland of Palestine, the land
of their forefathers, comes within the context of continuous and vigorous
struggle, during which the Palestinian people witnessed thousands of their
precious children sacrificed as martyrs, injured persons and prisoners of war,
all in order to achieve their people’s clear national rights, the foremost of
which are the right of return, the right to self-determination and the right to
establish an independent Palestinian state, with Jerusalem as a capital, under
the leadership of the Palestine Liberation Organization, the sole, legitimate
representative of the Arab Palestinian people wherever they exist.
Within the framework
of the interim period, resulting in the Declaration of Principles Agreement,
the establishment of the Palestinian National Authority with its three pillars
– the legislative, executive and judicial branches – became among the most
urgent of national missions. The establishment of the Palestinian Legislative
Council, through free and direct general elections, made the adoption of a
Basic Law suitable for the interim period a necessary foundation upon which to
organize the mutual relationship between the government and the people. It is a
first step on the way to determining the distinguishing characteristics of a
civil society capable of achieving its independence. At the same time, it is a
basic foundation upon which to enact unifying legislation and law for the
Palestinian national homeland.
This Basic Law has
established a firm foundation, representing the collective conscience of our
people, including its spiritual components, its national faith and its
nationalist loyalty. The titles of the Basic Law include a group of modern
constitutional rules and principles that address public and personal rights and
liberties in a manner that achieves justice and equality for all, without
discrimination. Further, they ensure the rule of law, strike a balance between
the executive, legislative and judicial branches, and draw lines between their
respective jurisdictions in a manner that ensures independence to each of them
while coordinating their roles to achieve a high national interest that will
serve as a guide to all.
The enactment of this
temporary Basic Law for a transitional and interim period constitutes a
fundamental step towards the realization of the firm national and historical
rights of the Arab Palestinian people. It shall not in any way whatsoever
abrogate or cancel their right to continue to strive to achieve their rights of
return and self-determination, including the establishment of a Palestinian
state with Jerusalem (al-Quds al-Sharif) as its
capital, which is the first shrine and the third mosque, to which the Prophet
Muhammad, may peace be upon him,
traveled by night, in the land of the nativity of Jesus, may peace be upon him.
The provisional
character of the Basic Law shall not abrogate the right of any Palestinian,
wherever residing, to exercise equal rights with his/her fellow citizens on the
soil of the homeland.
This temporary Basic
Law draws its strength from the will of the Palestinian people, their firm
rights, their continuous struggle and the exercise of their democratic right –
as represented in the election of the President of the Palestinian National
Authority and the members of the Palestinian Legislative Council – to commence
the organization and establishment of a sound, democratic and legislative life
in Palestine. At the same time, the
enactment and ratification of this law by the Legislative Council does spring
from the fact that the Palestine Liberation Organization is the sole and
legitimate representative of the Arab Palestinian people.
Explanatory
Memorandum
for
the Amended Basic Law
Article 111[2]
of the Basic Law provides the Legislative Council with the authority to amend
the Basic Law by securing a majority vote of two-thirds of its members. The Council believes that it is necessary to
amend the Basic Law to allow for the creation of the position of a Prime
Minister in the Palestinian National Authority and to determine his powers and
the legal and political controls that will regulate his work, as well as to
define and clarify the form of the relationship between him and the President
of the Palestinian National Authority and the legislative branch.
This amendment
requires rearrangement of some provisions of the original law. Accordingly, the
title that deals with the powers of the President of the National Authority is
now Title Three in the amended law. On the other hand, the title that deals
with the legislative branch has been moved to a subsequent title, which is
Title Four.
As for Title Five,
dealing with the Council of Ministers, it covers the formation of the government by
the Prime Minister, the procedure for obtaining the confidence of the
[Legislative] Council, the powers of the Council of Ministers and its head, and
the relationship between the Prime Minister and the President of the National
Authority.
The Council decided
during the review of the amended law that it would not be necessary to add
provisions dealing with the Prime Minster’s presentation of all matters related
to the formation, resignation or dissolution of the cabinet to the President of
the National Authority, on the grounds that this is a political tradition that
does not require being put into a separate article in the text of the law.
Ahmed Qurei’ (
Speaker
The Palestinian
Legislative Council
TITLE
ONE
Article
1
Article
2
The people are the
source of power, which shall be exercised through the legislative, executive
and judicial authorities, based upon the principle of separation of powers and
in the manner set forth in this Basic Law.
Article
3
Article
4
1. Islam is the official religion in
2. The principles of Islamic Shari’a shall be a principal source of legislation.
3. Arabic shall be the official language.
Article
5
The governing system
in
Article
6
The
principle of the rule of law shall be the basis of government in
Article
7
Palestinian
citizenship shall be regulated by law.
Article
8
The flag of
TITLE
TWO:
PUBLIC
RIGHTS and LIBERTIES
Article
9
Palestinians shall be
equal before the law and the judiciary, without distinction based upon race,
sex, color, religion, political views or disability.
Article
10
1. Basic human rights and liberties shall be protected and respected.
2. The Palestinian National Authority shall work without delay to become a
party to regional and international declarations and covenants that protect
human rights.
Article
11
1. Personal freedom is a natural right, shall be guaranteed and may not be
violated.
2. It is unlawful
to arrest, search, imprison, restrict the freedom, or prevent the movement of
any person, except by judicial order in accordance with the provisions of the
law. The law shall specify the period of prearrest
detention. Imprisonment or detention shall only be permitted in places that are
subject to laws related to the organization of prisons.
Article
12
Every arrested or
detained person shall be informed of the reason for their arrest or detention.
They shall be promptly informed, in a language they understand, of the nature
of the charges brought against them. They shall have the right to contact a
lawyer and to be tried before a court without delay.
Article
13
1. No person shall be subject to any duress or torture. Indictees and all persons deprived of their freedom shall receive proper
treatment.
2. All statements or confessions obtained through violation of the
provisions contained in paragraph 1 of this article shall be considered null
and void.
Article
14
An
accused person is considered innocent until proven guilty in a court of law
that guarantees the accused the right to a defense. Any person accused in a
criminal case shall be represented by a lawyer.
Article
15
Punishment shall be personal. Collective punishment
is prohibited. Crime and punishment shall only be determined by the law.
Punishment shall be imposed only by judicial order and shall apply only to
actions committed after the entry into force of the law.
Article
16
It is unlawful to
conduct any medical or scientific experiment on any person without prior legal
consent. No person shall be subject to
medical examination, treatment or surgery, except in accordance with the law.
Transplantation of human organs and new scientific
developments shall be regulated by the law in order to serve legitimate
humanitarian purposes.
Article
17
Homes shall be
inviolable; they may not be subject to surveillance, broken into or searched,
except in accordance with a valid judicial order and in accordance with the
provisions of the law.
Any consequences
resulting from violations of this article shall be considered invalid. Individuals who suffer from such violation
shall be entitled to a fair remedy, guaranteed by the Palestinian National
Authority.
Article
18
Freedom of belief,
worship and the performance of religious functions are guaranteed, provided
public order or public morals are not violated.
Article
19
Freedom of opinion
may not be prejudiced. Every person shall have the right to express his opinion
and to circulate it orally, in writing or in any form of expression or art,
with due consideration to the provisions of the law.
Article
20
Freedom of residence
and movement shall be guaranteed within the limits of the law.
Article
21
1. The economic system in
2. Freedom of economic activity is guaranteed. The law shall define the rules
governing its supervision and their limits.
3. Private property, both real estate and movable assets, shall be
protected and may not be expropriated except in the public interest and for
fair compensation in accordance with the law or pursuant to a judicial ruling.
4. Confiscation shall be in accordance with a judicial ruling.
Article
22
1. Social, health, disability and retirement insurance shall be regulated
by law.
2. Maintaining the welfare of families of martyrs, prisoners of war, the
injured and the disabled is a duty that shall be regulated by law. The National
Authority shall guarantee these persons education, health and social
insurance.
Article
23
Every citizen shall
have the right to proper housing. The Palestinian National Authority shall
secure housing for those who are without shelter.
Article
24
1. Every citizen shall have the right to education. It shall be compulsory
until at least the end of the basic level. Education shall be free in public
schools and institutions.
2. The National Authority shall supervise all levels of education and its
institutions, and shall strive to upgrade the educational system.
3. The law shall guarantee the independence of universities, institutes of
higher education, and scientific research centers in a manner that guarantees
the freedom of scientific research as well as literary, artistic and cultural
creativity. The National Authority shall encourage and support such creativity.
4. Private schools and educational institutions shall comply with the
curriculum approved by the National Authority and shall be subject to its
supervision.
Article
25
1. Every citizen shall have the right to work, which is a duty and honor.
The Palestinian National Authority shall strive to provide work for any
individual capable of performing it.
2. Work relations shall be organized in a manner that guarantees justice
to all and provides workers with welfare, security, and health and social
benefits.
3. Organization of unions is a right that shall be regulated by the law.
4. The right to conduct a strike shall be exercised within the limits of
the law.
Article
26
Palestinians shall have the
right to participate in political life, both individually and in groups. They shall have the following rights in
particular:
1. To form, establish and join political parties in accordance with the
law.
2. To form and establish unions, associations, societies, clubs and
popular institutions in accordance with the law.
3. To vote, to nominate candidates and to run as candidates for election,
in order to have representatives elected through universal suffrage in
accordance with the law.
4. To hold public office and positions, in accordance with the principle
of equal opportunities.
5. To conduct private meetings without the presence of police members, and
to conduct public meetings, gatherings and processions, within the limits of
the law.
Article
27
1. Establishment of newspapers and all media means is a right for all,
guaranteed by this Basic Law. Their financing resources shall be subject to the
scrutiny of the law.
2. Freedom of audio, visual, and written media, as well as freedom to
print, publish, distribute and transmit, together with the freedom of
individuals working in this field, shall be guaranteed by this Basic Law and
other related laws.
3. Censorship of the media shall be prohibited. No warning, suspension,
confiscation, cancellation or restriction shall be imposed upon the media
except by law, and pursuant to a judicial
ruling.
Article
28
No Palestinian may be
deported from the homeland, prevented or prohibited from returning to or
leaving it, deprived of his citizenship, or handed over to any foreign entity.
Article
29
Maternal and
childhood welfare are national duties. Children shall have the right to:
1. Comprehensive protection and welfare.
2. Not to be exploited for any purpose whatsoever, and not to be permitted
to perform work that might damage their safety, health or education.
3. Protection from harmful and cruel treatment.
4. Not to be subjected to beating or cruel treatment by their relatives.
5. To be segregated – in cases where they are sentenced to a penalty that
deprives them of their freedom – from adults, and be treated in a manner that
is appropriate to their age and aims at their rehabilitation.
Article
30
1. Submitting a case to court is a protected and guaranteed right for all
people. Each Palestinian shall have the right to seek redress in the judicial
system. Litigation procedures shall be organized by law to guarantee prompt
settlement of cases.
2. Laws may not contain any provisions that provide immunity to any
administrative decision or action or against judicial review.
3. Judicial error shall result in a remedy by the National Authority.
Conditions and methods of such remedy shall be regulated by law.
Article
31
An independent
commission for human rights shall be established pursuant to a law that will specify its
formation, duties and jurisdiction. The commission shall submit its reports to the
President of the National Authority and to the Palestinian Legislative Council.
Article
32
Any violation of any
personal freedom, of the sanctity of the private life of human beings, or of
any of the rights or liberties that have been guaranteed by law or by this
Basic Law shall be considered a crime. Criminal and civil cases resulting from
such violations may not be subject to any statute of limitations. The National
Authority shall guarantee a fair remedy to those who suffer from such damage.
Article
33
The enjoyment of a
balanced and clean environment is a human right. The preservation and
protection of the Palestinian environment from pollution for the sake of
present and future generations is a national duty.
TITLE
THREE:
Article
34
The President of the
Palestinian National Authority shall be elected in a general and direct
election by the Palestinian people, in accordance with the Palestinian Election
Law.
Article
35
Before assuming
office, the President shall take the following oath before the Legislative
Council and in the presence of the Speaker of the Palestinian National Council
and the President of the High Court:
“I swear by God, the Almighty, to be faithful
to the homeland and to its sacred places, to the people and its national
heritage, to respect the constitutional system and the law, and to safeguard
the interests of the Palestinian people completely, as God is my witness.”
Article
36
The term of the
presidency of the National Authority shall be the interim phase, after which
the President shall be elected in accordance with the law.
Article
37
1. The office of the President shall be considered vacant in any of the
following cases:
a. Death;