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Changing PA’s name to ‘State of Palestine’ raises questions on where Gaza stands in PLO’s political vision

Palestine State pic 5 3
A sticker bearing the slogan “State of Palestine,” part of a campaign to support the Palestinian UN bid for statehood, is seen on barbed wire at the Qalandia checkpoint between Jerusalem and Ramallah on 22 September 2011. (Photo: Marco Longari/AFP /Al-Akhbar English)

What’s in a name?

On Friday the Palestinian Authority (PA) changed its name officially to “The State of Palestine,” through a presidential decree by Mahmoud Abbas. Although there was no notice that the civil administration established 20 years ago through the Oslo Accords with jurisdiction in the West Bank only would call itself a state, the change comes as the latest state-building endeavor following last fall’s bid as a non-member observer to the United Nations.

Materially, only passports, identification cards, and official PA letterhead will reflect the new name, but names have power and meaning beyond words themselves and the “State of Palestine” signals yet another failure to include Gaza in the Palestinian Liberation Organization’s (PLO) political vision. More subtly the name creates confusion as to which political body is the leader of the Palestinian people.

On paper, the only official representative for the Palestinians is the PLO which represents the people — diaspora and refugees included — and is not territorially bound. This was affirmed in 1974 at the Arab Summit in Morocco through a resolution that famously states the PLO is “the sole legitimate representative of the Palestinian people.” However, the lesser-known second half of that quotes continues that the PLO has jurisdiction “in any Palestinian territory that is liberated.” Since at the time there was no liberated Palestinian territory, this meant the PLO represented the people, but was not an official a government on the ground. Strategically this decision to establish a representative body but not a government was the political parallel to nakba refugees living in tents for almost a decade rather then move into UN built temporary housing — by pushing back the establishment of a government the PLO was able to frame their cause as a liberation movement and therefore did not normalize the Israeli occupation by creating a government under foreign rule. Today, the PLO still exists but it is reduced to consular-like services and a negotiations affairs office. By contrast the PA has ballooned to include a number of civil ministries. This was achieved in the 1990s simultaneous to disbanding the international unions that formerly had voting positions in the PLO.

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An elderly Palestinian refugee holds his old ID card in the Shatila refugee camp in the southern suburbs of Beirut. (Photo: AFP/Al-Akhbar English)

Since the PA was established the liberation elements of the PLO have been eroded and exchanged for the doctrine of state-building under occupation, directed in recent years by Prime Minister Salam Fayyad. The idea is simple: create a state, and once it is constructed it will be free. However Prime Minister Fayyad has never put forth a plan to explain how the occupation will end after a state is created. Today the PA is both a “state” in name and international recognition, but the occupation continues undeterred. In fact the only change to daily life that have come about as a result of establishing a state under occupation is the Israeli freezing of VAT taxes owed to the PA, which is estimates to reach about $400 million in total.

With diaspora Palestinians cut out of the political system for nearly the past two decades, Fatah has shifted focus to plucking out challengers inside of occupied Palestine. In 2010 the PA conducted a mass firing for all government workers, including teacher, thought to be affiliated with Hamas. Through this purge Fatah was able to secure full political control over the West Bank, stamping out any inkling of a rival. Policy and political projects are now made by Fatah and exercised through the PA and the PLO. The arrangement is not unlike the relationship between the Communist Party of China and the government of China where the political party trumps the government as the policy making body. And Fatah’s landslide victory in the last round of municipal elections in 2012 shows that to be a politician in the West Bank is to be a member of Fatah. 

Despite Fatah’s growth in power, there is no legal ground for the party, or the PA, to be a new representative body for the Palestinian people internationally. But there is a loophole that allows for the PA to remain in power beyond its tenure as a temporary civil administration, as it was originally decreed. Because there is no foundational PLO document that forbids a civil administration from forming and governing an “unliberated territory,” the PA is still within the bounds of the PLO bylaws by representing the West Bank alone.

un pic
A Palestinian woman holds up a sticker which reads: “UN 194 Palestinian State” during a rally in support of Palestinian Authority President Mahmoud Abbas’ bid for statehood recognition in the UN, at Mar Elias camp in Beirut. (Photo: Sharif Karim/Reuters/Al-Akhbar English)

But the West Bank was never intended to be the center Palestinian political life, and was not even where the international representatives met until after the Oslo Accords. Prior to the 1990s the PLO was a government in exile, chased out of Lebanon and Tunisia before returning to occupied Palestine. Now that there is an “state” under occupation in the West Bank, what of Gaza, the diaspora and the refugees? How do they figure into the new political arrangement that is more focused on legitimacy then undoing Israel’s military and settler presence?

Crudely, there is no place in Fateh’s new political chessboard for Gaza and the refugees. Even at Fatah’s 48th anniversary festivities in Ramallah last Wednesday Gaza was conspicuously left out of the program. In one of the musical performances that played a folkloric national song, the singer called himself the son of several different Palestinian cities. What was noteworthy was he only mentioned West Bank cities—cities in Area A.

But being left behind does not mean disappearing from the picture altogether. Over the past few months Hamas has forged new political alliances, which include more visits from unlikely Arab diplomats. Most notably a delegation of Lebanese officials with the March 14 Coalition came to Gaza in November 2012. The March 14 Coalition represents the Lebanese political parties that are in opposition to Hizbollah, and cooperated with the Israeli military during the massacres in Sabra and Shatilla.

Superficially in the past two weeks there was displays of reconciliation through anniversary celebrations for Hamas in the West Bank, and Fatah in Gaza. However the PA’s name change to the “State of Palestine,” is a much more significant gesture, showing that when it comes to political projects the West Bank is flying solo. 

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I’m not sure this is correct, the Occupied Palestinian Territories comprise the West Bank, including East Jerusalem and the Gaza strip, the leadership of the PLO applied for non member state status at the UNGA and is now an officially recognized state in all those occupied areas with Abbas as President of that state, including the Gaza Strip. As I understand it, because the Israeli Government negotiated the Oslo accords with the PA and not with the state of Palestine [Declared in 1988], those accords, long since broken by the Israelis in any case, have little legal meaning now, because sovereignty over the whole of the Occupied Territories cannot be exercised by the Palestinians, the Israelis effectively have administrative jurisdiction over all that territory, until the Sovereign authority returns in the form of Palestinian elections free of occupation. I know Hostage can enlighten us all here, hope he will.

AD: “Now that there is an “state” under occupation in the West Bank, what of Gaza, the diaspora and the refugees? How do they figure into the new political arrangement that is more focused on legitimacy then undoing Israel’s military and settler presence?”

As HarryLaw asks/says, the PLO is the recognized organization of Palestinian governance. That would seem to cover Gaza as well as the WB.

But I would ask, since there will never be a sovereign Palestinian state in the WB in any meaningful sense, doesn’t that mean that Gaza is the only viable option for that sovereignty, near or long-term?

Can a two-pronged approach be crafted by the PLO that yields a sovereign state in Gaza and a, I don’t know, related “claim” maybe in the WB? Doing so would mean, almost certainly, that Gaza-Palestinians would have to forgo any RoR claims, but that would be a trade for actual (near-term) sovereignty. I honestly can’t tell/don’t know what is (or would be) more important or mitigating (in the perpetual, ambiguous, stateless sense) to them.

I do believe that a sovereign Palestinian state of some meaningful form or another is absolutely critical for Palestinians and the world, and maybe more importantly and/or specifically diaspora Palestinians, to pour their long-deferred energies into, unfettered by Israeli domination and/or by the grave ambiguities that would seem to me to be inherent in a 100-year civil rights struggle against huge odds and obstacles in the WB.

I’ve said (asked actually) this before, but a sovereign state in Gaza is the key to solving this the pride, self-realization/determination, civil rights, and justice questions that Palestinians face. It could be the best of all possible worlds by enabling international standing/actions as leverage for concessions by Israel in the favor of (on behalf of) WB, diaspora, and Israeli Palestinians.

Path of least resistance maybe, but with a potentially huge upside.

Great article.

In my opinion one of the key benefits from this officially registered state is that Palestinian products should now bare the “country of origin” Palestine, whereas before it was called produce of the West Bank or produce of Israel, the former very confusing since most West Bank produce is from Israeli settlements, I think the ratio is 10 to 1 in Israels Favor, whereas the latter is a completely false country of origin now outlawed in much European Union legislation, which is consistent with World Trade Organization rules, which in turn are similar to the UK’s description of rules of origin set out in the 1968 Trades Description Act section 36 ..”For the purposes of this act goods shall be deemed to have been manufactured or produced in the country in which they last underwent a treatment or process resulting in a substantial change” It should be possible to get consumers to more easily discriminate against these products, because now there is no such entity or state called “the West Bank” and should be far easier to prosecute.

i think abbas/AP has over stepped. he went to the UN as a rep of the PLO, i don’t think the PA has the authority to speak for the palestine people.

It seems a little cynical to write an article blaming others for the fact that Hamas has refused to publicly renounce the use of terror and has never chosen to join the PLO in the first place. It has always been Hamas that has refused to join National Unity governments or which could not formulate a governing coalition with other Palestinian political parties, e.g. Hamas rejects offer to join Unity government, 05/07/2005
http://maannews.net/eng/ViewDetails.aspx?ID=177002

The PA is responsible to the Israeli Authorities for the utility bills of residents in the Gaza Strip – and it continues to pay the salaries of 60,000 former public employees there. Meanwhile Hamas leaders in Gaza have rejected reconciliation plans negotiated by their Politburo Chief, Khaled Mashaal, and made it clear that improved relations with Fatah are not a priority.
http://www.jpost.com/Sci-Tech/Article.aspx?id=295690
http://www.haaretz.com/blogs/east-side-story/palestinian-unity-can-wait-discord-still-growing-between-hamas-and-fatah-1.462240

The only reason that Palestine isn’t on the US State Department’s list of “State Sponsors of Terror” is because The Israel Lobby doesn’t want it labeled “a State”.

Nonetheless, the President has to periodically waive the provisions of the US Anti-Terrorism Act so that the PLO can receive appropriated funds, deposit assets in US-based financial institutions, and operate its diplomatic missions in this country, e.g. http://www.whitehouse.gov/the_press_office/Presidential-Memorandum-Regarding-the-Palestine-Liberation-Organization-Office-4/0

Despite legal assurances that relations with the PLO were in the essential interest of the US government, the US Federal Courts froze 1.3 billion in Palestinian Authority assets in 2005 as a result of lawsuits stemming from Hamas terror attacks on Israelis. That was before Hamas-backed candidates participated in the 2006 legislative elections. See Palestinian Authority’s US assets are frozen
http://www.boston.com/news/world/articles/2005/08/30/palestinian_authoritys_us_assets_are_frozen/?page=full

For its own part, Hamas never accepted the legitimacy of either the PLO or the PA, even when it did back lists of candidates during the PA legislative elections. It’s only goal seemed to be the creation of political deadlock. The 2003 Basic Law was promulgated by the Chairman of the PLO Executive and was unambiguous about the status of the PLO:

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.

http://www.palestinianbasiclaw.org/basic-law/2003-amended-basic-law

It was Abbas who first suggested that Hamas should become another member organization of the PLO and that an interim government composed of independent technocrats be appointed pending general elections. He did that despite threats from Netanyahu and Israeli Finance Minister Steinitz that the PA could have peace with Israel or reconciliation with Hamas, but not both. US Legislators also promised to cutoff ties and foreign assistance if Hamas was included in any governing coalition. Khaled Mashaal subsequently agreed to accept the PLO’s legitimacy and join the organization. He also backed the UN statehood bid. http://maannews.net/eng/ViewDetails.aspx?ID=447131

Just for the record, in January of 2009 the PLO’s Permanent Observer at the UN and Riyad Al-Maliki, Minister for Foreign Affairs of the PA, backed the adoption of a draft resolution:

“Stressing that the Gaza Strip constitutes an integral part of the territory occupied in 1967 and will be a part of the Palestinian state,”

Security Council resolution 1860 (2009)
–http://www.un.org/News/Press/docs/2009/sc9567.doc.htm

That same month PA Justice Minister Ali Kashan and Foreign Minister Riad al-Malki filed criminal complaints with the ICC on behalf of the Hamas administered territory which stated that Israel had used incendiary white phosphorus shells in crowded civilian areas in Gaza, in violation of international law and that it had committed other serious war crimes and crimes against humanity.
— ICC prosecutor considers ‘Gaza war crimes’ probe http://www.todayszaman.com/newsDetail_getNewsById.action?load=detay&link=169152