The Palestinian Authority has published the draft text of the "Temporary Constitution of the State of Palestine," formulated by a committee of experts appointed by Palestinian Authority (PA) chairman Mahmoud Abbas.
The Palestinian Authority public has been invited to review the draft and submit comments on its wording, after which it is expected to be brought to a referendum for approval.
Bassem Naim, a senior Hamas official, announced the terror group's opposition to the temporary constitution, claiming it was drafted under pressure from foreign actors and should instead be "written in blood and unity."
The "Temporary Constitution of the State of Palestine" is based on the 1988 "Palestinian Declaration of Independence," which referenced the right of return, and was written "in light of the fact that the dream of return beats in the hearts of Palestinian men and women generation after generation." The document claims that "the State of Palestine will be founded on the unity of land and people in the homeland and in the diaspora and will strive to achieve independence, end the occupation, and ensure the right of refugees to return in accordance with international legitimacy resolutions."
In this context, the temporary constitution stipulates that "until full national independence is achieved and inalienable rights are implemented, foremost among them the right of return in accordance with international law and international legitimacy resolutions, the PLO (Palestine Liberation Organization -ed.) will remain the sole legitimate representative of the Palestinian people and the source of representative authority wherever they may be." It further emphasizes that "the PLO will continue to fulfill its obligations in the struggle in accordance with the National Charter (of the PLO)."
The Palestinian National Charter, approved by the PLO in 1968, states that "armed struggle is the only way to liberate Palestine" and that "guerrilla operations constitute the nucleus of the Palestinian popular liberation war." On December 14, 1998, members of the PLO's National Council and Central Council voted to annul clauses calling for the destruction of Israel; however, there is dispute as to whether the process was properly carried out, and no new or revised charter has since been formulated.
The temporary constitution also declares "Al-Quds," the city of Jerusalem, as the capital of the State of Palestine, which will preserve its "historic character" and its "holy sites for Islam and Christianity" and "protect their legal, political, and religious status." Islam is defined as "the official religion of the State of Palestine," Sharia as the primary source of legislation, and Arabic as the "official language of the State of Palestine."
In addition, it states that legislation will regulate care and support for the "families of martyrs, the wounded, prisoners, and deportees," in order to preserve their national dignity, humanitarian needs, and livelihood.