The completion of a draft interim constitution for the state of Palestine is a positive step as international support for statehood grows, experts say.
Palestinian Authority President Mahmoud Abbas on Monday ordered that the draft be made public so that ordinary people, political factions, civil society groups and academics could offer their comments and suggestions over 60 days.
The 68-page document, seen by The National, covers matters pertaining to national identity, civil rights and elections. Palestine currently has only a Basic Law to outline the relationship between the government and its people, which was last amended in 2005.
Sanaa Al Sarghali, a member of the drafting committee and associate professor of constitutional law at An Najah National University in Palestine, told The National that the idea of an interim constitution “is very much needed” at such a critical time for a state under occupation.
She explained that for a state that has been widely internationally recognised, the interim constitution serves as its legal mandate, while preserving the position of the Palestine Liberation Organisation as the sole and legitimate representative of the Palestinian people until Palestinian rights and full sovereignty are achieved.
“The draft preserves the historical, diverse religious, cultural and political identity of the Palestinian people and should be understood as a tool for the process of transformation from authority institutions to state institutions – albeit a state under occupation,” she said.
An interactive platform has been launched to make the draft available for Palestinians to submit their input, Ms Al Sarghali said. “Following this consultation phase, the drafting committee will revise the text into a final draft in preparation for a referendum.
“Such a process that builds trust and incorporates Palestinian input is as important as the content itself,” she added.
The timing of Mr Abbas's announcement is also significant as the PA comes under increasing pressure to reform, both from Palestinians and abroad, as more countries formally recognise the Palestinian state. Canada, the UK, France and Australia were among those to do so last year, taking its recognition among UN member states to more than 80 per cent.
Jordanian political analyst Hazem Ayyad said the move to draft an interim constitution was “largely symbolic”.
“It is particularly to bolster Palestine's bid for statehood that these measures have come into place,” he said.
Fathi Nimer, policy fellow at Al Shabaka, an independent Palestinian think tank, said it was unclear whether the interim constitution would be implemented or abided by.
“Basic Law and the new interim constitution cover freedom of expression, protest and elections – but those have not been adhered to by the PA, which has been acting in negligence of Basic Law,” Mr Nimer said.
He pointed out that despite the growing recognition of a Palestine state, there has been little further action on this.
“So it seems to me like that constitution is missing a step and jumping way ahead,” he said.
Focus on reforms
Still, given the years of political stagnation and the widespread view of the PA as corrupt and ineffective, there is room for cautious optimism, said Palestinian political analyst Sadeq Abu Amer.
“Any movement is better than the deadlock the PA has experienced for years,” said Mr Abu Amer, who heads the Palestinian Dialogue Group think tank based in Istanbul.
Reforms are more important than ever with Palestinian statehood on the agenda, he said.
They are also vital to rally Palestinians at a time when the PA has been sidelined from having authority over Gaza by the Board of Peace. The board oversees a technocratic committee administering the enclave under US President Donald Trump's plan that halted two years of Israeli attacks on the territory.
“This has undermined the unity of the Palestinian territories and caused a split between Gaza and the occupied West Bank,” Mr Abu Amer said.
A former PA official told The National that he believes Mr Abbas has become more serious about reforms, based on his conversations with regional officials.
“Regional momentum gives me more hope that reform efforts are more serious this time around. But past experience makes me cautious,” the source said.
Conversations about reform took centre stage at the UN General Assembly last year, when the Global Alliance for the Implementation of the Two-State Solution was announced. One of the alliance's aims is to help the PA make reforms.
Mr Abbas promised last year that 2026 would be the year of elections and that Palestinian government would become more democratic. This month, he announced elections for the PLO's parliament, in which civilians will be able to vote for the first time.
Last year, he appointed a potential successor in vice president Hussein Al Sheikh, and a new prime minister, Mohammad Mustafa, in 2024. But rampant corruption is a long-standing and continuing issue in the PA.
In the meantime, Israel has been tightening its grip over the West Bank. On Sunday, the security cabinet moved to expand Israeli control and clear the way for private citizens to buy land in the territory – recognised as Palestinian both historically and by the UN.
The Israeli measures are seen as another dangerous step in the direction of annexation, a priority for many ministers in Prime Minister Benjamin Netanyahu's government. Israel's allies denounced the move, which could derail Palestine's path towards statehood.
