CAIRO,
December 16 (IslamOnline) - Efforts to write down a Palestinian
Constitution came under fire Monday, December 16, from a leading
resistance group, dubbing the move as “pre-mature”, while the head
of the Constitution Committee defended the project as a counter
measure to the U.S. roadmap for the Middle East.
Speaking
to IslamOnline, Usama Hamid, member of the Political Bureau of Hamas
resistance group, said that the problem is adopting a constitution for
the Palestinian state constitutes a major demand of the U.S. roadmap.
“This
puts the Palestinians in a deep problem, as they will have to define
the borders and identity of the Palestinian state (the first article
of any constitution), as well as the political identity for all
Palestinians (under occupation inside, or living as refugees abroad).
“How
could the new constitution define the new state? Will it be the
current (supposedly) self-ruled areas, or the West Bank and Gaza
Strip, or all the Palestinian lands?
“If
they go for the first option, what about the hopes of all Palestinians
to establish their own independent state with east Jerusalem as its
capital?” Hamid wondered.
He
went on to add that adopting a constitution comes naturally after
obtaining independence, not before as the case is now with Palestine.
Hamid
also predicted that the Palestinian Authority (PA), by forging ahead
with that move now, will be putting itself in an impossible situation.
“They
will have to go either way; to meet all the national Palestinian
interests, thus provoking the wrath of the Americans, or to adopt the
U.S. agenda for the Middle East, thus discrediting themselves before
the Palestinian people,” he added.
The
Hamas member asserted that the PA is still committing the same
mistakes of the past, by not inviting Hamas to join the Constitution
Committee, which met in the Arab League HQ in Cairo late Monday.
“The
PA is still adopting the individual style of political work, the same
mistake committed in Oslo. Israel has now stepped over all the
previous agreements with the PA. However, the same wrong political
approach is applied,” he concluded.
On
the other hand, the PA’s Minister for International Cooperation,
Nabil Shaath, defended the move as a counter measure to the U.S.
roadmap, describing the attempt to put down a constitution for the
future state of Palestine as “shielding behind the national and Arab
identities.”
“The
draft constitution is basically a build up on the independence charter
declaration in 1999, the Basic Law issued and adopted by the
Legislative Assembly (Palestinian Parliament) in 1996.
“The
Constitution Committee was formed in 1999 when the PA was about to
declare the independent state of Palestine, in conformity with the
Oslo Accords. I was appointed head of the committee that comprised a
group of legal experts representing all political currents, and tasked
with drafting a constitution for Palestine,” Shaath said.
Responding
to a query about the properness of adopting a constitution for a
practically under occupation state, Shaath explained that the
constitution is “for all Palestinians, not for the PA”, adding
that, once finished and approved by the Legislative Assembly, it will
put to a general referendum for all Palestinians (inside and abroad)
to give their final say.
The
Palestinian Committee met Saturday, December 14, in Gaza and Ramallah,
through a video-conference system after Israeli occupation forces
barred its members from moving freely.
The
participants agreed on over 75% of the draft constitution of 1999.
Shaath,
before joining the Cairo meeting Monday, told IslamOnline by phone,
that no major changes were expected to the 1999 draft, adding that
less than 25% of that version may need to be altered.