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Fatah and Hamas, the divide between both wings of the homeland continued
throughout 2010. Both disputing parties held several meetings and dialogues to
overcome the thorny issues, especially the files of the PLO and how the security
agencies continued to make accusations concerning liability for the divide.
The security agencies of the Government in the Gaza Strip continued to arrest and
detain Fatah’s members and restrict their activities. Likewise, the security agencies
of the Government in the West Bank continued to arrest and detain Hamas’
members and restrict the movement’s activities. The divide has had severe
repercussions in the political, social, cultural and even security sectors of
Palestinian society, and to the extent where public freedoms and rights have
become subject to continuous violations and suppression.
ICHR believes that the failure of the reconciliation effort and the ongoing division
constitutes a blatant breach of constitutional legitimacy, exemplified by hindering
legislative and presidential elections10, and thus pushing the Palestinian political
system into an exceptional phase characterized by the existence of an Executive
Authority with broad powers and the absence of legislative monitoring.
Due to the failure of the reconciliation efforts between Fatah and Hamas
throughout 2010, and the ongoing internal political division, the Palestinians in the
West Bank and Gaza Strip have been the primary victims of the political dispute
between both parties. ICHR documented a set of human rights violations
perpetrated by the Governments in the West Bank and Gaza Strip in 2010. They
perpetrated these violations due to the political and geographic divide and the
mutual reactions between both parties. The violations are covered according to
areas of Palestine, then divided into more than ten separate categories, and
discussed accordingly below.
West Bank
1. Arbitrary Detention
10
According to law, the PLC’s term is four years, and elections are conducted regularly once every four
years. The jurisdiction of the standing PLC ends after the legislative election and swearing in of the new
members. Article (47) of the Palestinian Amended Basic Law for 2005 stipulates “PLC’s term shall be (4)
years from the date elected, and that legislative election shall be held once every four years on a regular
basis”. It also reiterates that “the jurisdiction of the standing PLC ends once the new council members
take the constitutional oath”.