RAMALLAH/GAZA CITY, 18 June 2007 — Palestinian President Mahmoud Abbas yesterday swore in an emergency Cabinet headed by Salam Fayyad to replace the Hamas-Fatah unity government he dismissed after Hamas captured the Gaza Strip. He also outlawed all Hamas militias.
Fayyad, who was sworn in by Abbas in his presidential headquarters in Ramallah, will also serve as finance and foreign minister.
The emergency government contains 12 ministers who represent both the West Bank and Gaza Strip. It has two Christian ministers.
Abdel Razak Al-Yehya was sworn in as the interior minister. Yehya was appointed interior minister when Abbas formed the first Palestinian government a few years ago after US-led international pressure on late Palestinian President Yasser Arafat to shed part of his political and financial powers. He was forced to resign after he failed to unite several defense forces. He faces the tough task of bringing order in the West Bank.
Abbas issued a presidential decree on Saturday night suspending three articles in the Palestinian basic law in order to allow an emergency government to take office without parliamentary approval.
Under Palestinian law, Abbas can declare a state of emergency for up to 30 days. The state of emergency could be extended for another 30 days, but only after winning the approval of two thirds of Parliament members.
The swearing-in ceremony of the new Cabinet left the Palestinians effectively with two governments — the Hamas leadership headed by deposed Prime Minister Ismail Haniyeh in Gaza and the new Cabinet led by Fayyad. Hamas has refused to recognize the new government and described Abbas’ actions as a coup.
About the legality of the presidential decree, lawyer Shawqi ‘Ayasa told Arab News: “According to the basic law, the president can dismiss the prime minister. The president also has the right to announce a state of emergency for 30 days under Article 7. Section 113 of Article 7, however, puts a limitation on the president’s actions: He cannot disband the Palestinian Legislative Council (Parliament) or suspend it; and he cannot suspend Article 7 of the basic law. This means that the president has the right to suspend any other article of the basic law and that is what President Abbas did. In consequence, Parliament must be asked to hold a meeting in order to extend the state of emergency and that can only be ratified with a two-third majority.”
In one of the first acts after taking office, Fayyad froze the funds of the outgoing government which continues to operate in Gaza.
The US consul-general who handles relations with the Palestinians said Washington would lift a ban on direct financial aid to the new emergency government, clearing the way for the European Union and Israel to follow suit. “There won’t be any obstacles economically and politically in terms of re-engaging with this government... They will have full support,” Jacob Walles said.
Israeli Prime Minister Ehud Olmert, speaking to reporters on Saturday night while en route to a meeting with US President George W. Bush, said that the new reality in the Palestinian Authority might present a new opportunity for political progress as Israel would consider a Palestinian government without Hamas as a legitimate partner for future talks.
Israel has also suggested it could release several hundred million dollars owed to the Palestinians. But Israel tightened its grip on the Hamas-controlled Gaza Strip. It said yesterday it cut fuel supplies to the Strip.
Dor Alon, a private Israeli fuel company that supplies Gaza, will provide fuel only to Gaza’s power stations, Israel’s Infrastructure Ministry said.
— Additional input from agencies
