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February/March 1996, Pages 8, 96, 125

Special Report

Palestinians Clear the Election Hurdle With Room to Spare

By Richard H. Curtiss

"I tell people: 'It's up to you. If you elect a rubber-stamp  council, that's what you'll get. We get what we deserve.'"—Successful  Palestinian Council candidate Hanan Ashrawi, quoted in New York Times, Jan. 19, 1996.

"This is a new era. This is the foundation of our Palestinian  state."—Successful presidential candidate Yasser Arafat, Jan.  21, 1996.

As the Palestinians race the calendar to national sovereignty, the barriers  in their path are getting higher. But on Jan. 20 they soared over the highest  hurdle to date, conducting honest elections to choose a president and an  88-member Palestinian Council, with room to spare.

Those erecting the obstacles were not just Israel's Likud and other  right wing-parties and Jewish religious fanatics and rampaging settlers.  Within the West Bank and Gaza, leaders of Hamas and Islamic Jihad on the  right and Marxist parties on the left boycotted the elections. Outside  Palestine, from the battered refugee camps of Lebanon to university campuses  in Western Europe and the United States, members of the huge Palestinian  diaspora saw the elections as another step away from their chances of returning  to the homes and orchards lost 48 years ago inside Israel's Green Line.

Even many of the actions of the Israeli military and governmental apparatus  supposedly under the control of Prime Minister Shimon Peres' Labor Party  seemed aimed at weakening the Palestinian showing. Under the Oslo II agreement  signed at the White House by the late Prime Minister Yitzhak Rabin shortly  before his assassination by a Jewish-nationalist extremist, the Israelis  were to withdraw totally from the six largest West Bank towns and partially  from some 400 villages by the end of the year. They did, but five of the  towns were not evacuated until December and the withdrawal from Ramallah  was not until Dec. 30.

By mutual agreement, Israeli withdrawal from Hebron, where some 400  Jewish settlers have seized buildings in the center of the city from which  they carry out daily provocations against Hebron's 100,000 Palestinian  inhabitants, was postponed until March, when a separate road for use by  Jewish settlers and Israeli troops housed just outside the city will be  completed.

Following the 1995 withdrawals, the Palestinians had to promulgate election  rules, set up voting places, designate poll officials, register candidates  and provide a period for them to campaign, all before the Jan. 20 elections.  They did, even in just-liberated Ramallah, by reducing the campaign period  from a planned three weeks to two.

For their part, the Israelis were to release 1,200 more Palestinian  political prisoners from Israeli jails in time to participate in the campaign.  They didn't, freeing only 812 on Jan. 10, most of them from the Islamic  and leftist groups opposed to the elections, and another 220 the following  day, most of them from Yasser Arafat's Fatah. There was no Israeli explanation  for the shortfall. Palestinians say 5,500 Palestinians remain in Israeli  prisons. The Israelis say the number is 4,000.

The most disruptive event, however, was the Jan. 5 assassination by  a remote-controlled bomb triggered by Israel's Shin Bet internal security  service of Yahya Ayyash, a Hamas extremist charged by Israeli officials  with master-minding suicide bombings over a long period which killed up  to 80 Israeli soldiers and civilians. The assassination took place in Gaza  while Hamas and Islamic Jihad were observing, by agreement with Arafat,  a moratorium on "armed struggle" against Israel. Ayyash's funeral  set off the largest protests since Yasser Arafat's Palestinian National  Authority took control of the area more than two years earlier.

This was followed by the Jan. 10 killing of two Israeli military personnel  in their vehicle and the Jan. 16 fatal shooting by Israeli soldiers of  three Palestinians in another vehicle in Israeli-occupied portions of the  West Bank. Whether these were retaliatory killings, attempts to disrupt  the impending elections, or both was not clear. Although there were temporary  closures by Israeli authorities of the areas where the killings took place,  election preparations continued on schedule.

Disruptive Preparations

So did preparations to disrupt them. Israelis from nearby settlements  were granted permission by their rabbis to violate Jewish sabbath restrictions  to assemble in Hebron and participate in mass "educational" tours  to disrupt the Palestinian voting throughout the city. Because individual  voters had to be escorted by Israeli soldiers to the polling places, participation  was lower than in liberated West Bank towns, but it was not halted.

Similarly, in East Jerusalem thousands of Jewish nationalists planned  to jam the six post offices designated as Palestinian polling places. Their  instructions were to line up at the entrances on the pretext of buying  stamps and mailing letters to block access to the Palestinian voters. Massed  Israeli troops prevented most of the Jewish nationalists from crossing  into East Jerusalem, however.

Palestinian voters in East Jerusalem had other problems of Israeli government  making. Only post offices could be used as polling places and the ballot  boxes were designed to look like letter boxes, with the slots on the side  rather than on the top, so that the Israeli government could claim that  the votes were not really being cast in Jerusalem but were being mailed  for counting in the West Bank. To get to the six designated post offices,  potential voters had to get through the massed Israeli troops, who videotaped  them as they tried to pass.

The charade was designed by Israeli authorities to keep the voter turnout  as low as possible. This, in turn, would be offered during final-status  negotiations as evidence that Palestinians in East Jerusalem wanted to  be part of Israel rather than of any Palestinian entity.

Former U.S. President Jimmy Carter had arrived with a delegation of  people from the Carter Center in Atlanta to be among 600 blue-vested international  observers, including 300 from the European Union and some from the United  States. Carter complained vigorously about the Israeli obstructions in  East Jerusalem. "I don't think there is any doubt they are doing everything  they can to intimidate the voter," he said. "I have no doubt  that the aim is to reduce the size of the vote in East Jerusalem."  As a result of his and other complaints, Israeli authorities gave permission  to extend the closing time at the polls from 7 to 10 p.m. In East Jerusalem  as in Hebron, however, voter turnout was far lower than elsewhere because  of the harassment.

Prior to the elections, journalists had said that because of the boycotts  planned by Islamist and leftist opponents of the elections, a turnout of  65 percent or more would represent a major victory for Yasser Arafat. In  fact the turnout was above 85 percent in Gaza, where the Palestinians have  had much longer to organize a civil administration, contributing to an  overall participation in Gaza, the West Bank and East Jerusalem of 70 percent  of the 1,013,235 registered voters. This is far higher participation than  in the United States or Western Europe, except in places where voter participation  is mandatory.

What Palestinian voters accomplished was the election of Yasser Arafat,  with 88.1 percent of the vote, as "president of the interim self-government"  over his only competitor, Samiha Khalil, a 72-year-old grandmother and  social activist who opposed the Oslo agreement. She received 9.3 percent  of the vote, and 2.6 percent of the ballots cast were blank.

Voters also chose 88 members of the Palestinian Council from 672 candidates  who had qualified for the campaign by filing nominating petitions containing  500 signatures and paying a $1,000 registration fee. The seats were allocated  by population so that voters in Hebron, the largest West Bank city, had  10 seats to fill, while voters from smaller towns such as Jericho, Safit  and Tubas had one seat each. Of the 88 seats, 6 were reserved for Christian  candidates and 1 for a Samaritan candidate, representing the tiny 400-member  sect centered near Nablus and dating back to biblical times.

The seats for religious minorities were allocated by location so that  both Muslims and Christians in East Jerusalem, for example, voted for candidates  to fill 7 seats, of which two were reserved for Christians. The winners  of those two seats were Dr. Hanan Ashrawi, former spokeswoman for the Palestinian  delegation to the peace talks who now is a human rights activist who frequently  is critical of actions by Arafat's Palestinian National Authority, and  prominent attorney Jonathan Kuttab.

Predictably, there was much criticism of the manner in which Arafat  and his interim cabinet prepared for the elections. Because of initial  administrative delays, he shortened the actual campaign period from three  weeks to two. Also, Palestinian television gave little initial coverage  to Mrs. Khalil's candidacy, although this was rectified toward the end  of the campaign. More controversial were Arafat's decisions concerning  the 70 candidates who would run on the lists of his Fatah party in the  various districts. He had been expected to choose the candidates who received  the most votes in preliminary voting. Instead, in many cases he ignored  the results of those polls and choose candidates he favored over those  who had garnered the most votes.

Arafat's selections reflected the tensions between the candidates from  "inside" and "outside" the former occupied territories.

The "insiders" feel they earned their places on the ticket  by the hardships they endured under Israeli occupation and their services  during the Palestinian intifada. The "outsiders" feel they earned  Arafat's loyalty by danger and hardships endured in the guerrilla war against  Israel and in civil wars in Jordan and Lebanon as they followed him between  his selection as chairman of the Palestine Liberation Organization in 1968  and his return to Palestine from Tunis in 1994.

There was nothing to prevent candidates from running as independents,  however, and nothing to prevent those Fatah supporters Arafat did not approve  for the Fatah list from running as independents also. Many did. Among independent  candidates was Dr. Haider Abdel Shafi, a physician who for a time headed  the Palestinian delegation at U.S.-brokered peace talks He was elected  from Gaza. Another independent was Salah Al Ta'amari, a long-time Palestinian  guerrilla fighter who was captured by the Israelis in Lebanon in 1982.  After his release in a 1983 prisoner exchange, he lived for several years  in the Washington, DC area. Now married to King Hussein of Jordan's divorced  first wife, Princess Dina, he was elected from Bethlehem.

Among Arafat loyalists elected were Ahmad Qurei (Abu Alaa), who negotiated  the Oslo agreement; Nabil Shaath, who along with Ahmad Qurei is a senior  negotiator with Israel; and Intissar al-Wazir, widow of former PLO military  commander Khalil al-Wazir (Abu Jihad), who was killed by an Israeli assassination  team in Tunis. Imad Falouji, a Hamas activist who defied his party's boycott  of the elections to run as an independent, was not elected.

The size of the Palestine Council was a bone of contention between Yasser  Arafat and the Israeli government. The latter sought to keep it small so  that it would function more as an executive body than a national parliament.  Arafat defied the Israelis and at the last moment added five more seats  to the 83 planned, putting them into districts where his support is strongest.

The Council will have the authority to ratify legislation and submit  a national budget. Like a parliament, it can bring down Arafat's cabinet,  which will include both members and non-members of the Council. The speaker  of the Council would assume authority in case of the death or incapacity  of President Arafat. Arafat supporters are believed to constitute about  75 percent of the members of the Council, which presumably will have to  ratify final implementation agreements reached during Oslo accord third-stage  negotiations with the Israelis.

Members of the newly elected Palestinian Council will play the key role  in jumping the next hurdle on the road to independence. Under the Oslo  accords Arafat is committed within 60 days after completion of the elections  to rescinding passages in the Palestinian National Covenant calling for  abolishing the state of Israel. Although Arafat personally has declared  such passages "null and void," the Peres government insists that  the Covenant be formally amended by the Palestinian National Council before  the third-stage negotiations, presently scheduled for May, can begin.

Until now it has been clear that Arafat could not muster a majority  for this action within the Palestinian National Council, which is made  up largely of diaspora Palestinians opposed to the Oslo agreement. It includes  such implacable foes of any settlement as George Habash, Damascus-based  leader of the leftist Popular Front for the Liberation of Palestine. The  Israeli government has said it will permit all PNC members to enter Palestine  for such a vote. Although Habash has refused, another prominent foe of  the peace agreement, Nayef Hawatmeh, leader of the leftist Democratic Front  for the Liberation of Palestine, has said he is prepared not only to enter  the West Bank to participate in the vote, but also to move there permanently  from Damascus.

All 88 newly elected Palestinian Council members now will be added to  the Palestinian National Council, which until now has functioned as a Palestinian  parliament in exile. There is no doubt that, with this addition, Arafat  will focus as intently on revising the Palestinian National Covenant as  he did on the elections.

While he is doing this, the Peres government has decisions of its own  to make over whether to give up its campaign for a quick agreement with  Syria and instead hold Israeli primary party elections in the next few  weeks to clear the way for Israeli national elections in May or June rather  than in the last week of October as presently scheduled.

Then, either in May or after a delay occasioned by early Israeli elections,  final-stage negotiations are scheduled to begin between the Palestinians  and the Israelis. The issues are water sharing (deferred from the second  stage because the parties could not agree), final borders, Palestinian  refugees, Israeli settlers, Jerusalem, and sovereignty for Palestine. Without  international pressure on both parties, not just the Palestinians,  none of these will be solved. However, as the popularly elected Palestinian  president, subject to a popularly elected Palestinian parliament, President  Yasser Arafat's hand is immeasurably strengthened as he approaches the  highest hurdles of all.

Richard H. Curtiss is the executive  editor of the Washington Report on Middle East Affairs.