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The Bush administration has been worried: Hamas and Islamic Jihad
might gain a foothold in the Palestinian legislature. To avoid such
a "calamity", the administration has been urging President Mahmoud
Abbas to apply a litmus test to ensure that candidates for the
coming election must have renounced "unlawful and non-democratic"
methods. Such urging seems to have been an echo of Prime Minister
Ariel Sharon's threat that Israel would not help to facilitate
elections if Hamas and Jihad were to participate. At first it seems
benign or even healthy to bar from electing and being elected
individuals who use unlawful and undemocratic methods to achieve
their objectives. However, deeper contemplation of such action
would uncover serious flaws in a policy that bars citizens from
exercising their right to elect and be elected. Such a policy, at
the behest of external influences, would mean acceptance and
encouragement of foreign interference, disregard for the principles
of democracy, hindrance of the process of peace and stability, and
an incitement to civil war in Palestine.
First, it is a mistake for a foreign country to pressure the
Palestinians to reform their political system, adopt democracy, and
establish a government elected by the people, and then turn around and
interfere in their attempts to do so. If the Palestinians need guidance
in building democracy, expert help may be in order if requested. But it
is of little help and may even be destructive to impose conditions on
the electorate by outsiders and infringe on their rights. The
Palestinians are familiar with the principles and practice of democracy,
in part through education and the preaching of western politicians and
experts, and in part by observing how the Israelis practice their
democracy. Israel does not set up a litmus test for its voters and
candidates for office, nor does the United States (US). Israeli
extremists from left and right sit in the Knesset (Parliament), and so
do ultra conservatives and liberals in the US Congress, and neither of
both of these extremist groups has been asked to disarm as a
pre-condition for electing and being elected. It is true that members
of these groups rarely commit terror or violence against civilians, but
that is because they are the occupiers and not the occupied, and also
because the military of their respective countries carry out the terror
acts on their behalf.
Second, interfering in the Palestinian elections by urging the
Palestinian Authority (PA) to bar any body from the elections itself is
unlawful, and can be a destablizer, given the large number of Hamas and
Jihad who may be subject to exclusion. Excluding such large number would
make a farce of the elections. It is ironic that the US urging to bar
Hamas from the elections comes just when Sharon has retreated and
withdrawn his objections to the participation of Hamas. It is also
ironic and hypocritical for the US to urge Sunni Muslims in Iraq, who
are behind the violent insurgency, to participate fully in the
elections, but object to the participation of Hamas and Jihad. The US
knows that all these resistance groups direct their violence against the
occupation, and use similar methods.
Third, probably to make its requests seem logical, the US bases the
urging to bar Hamas and Jihad on a 1996 Palestinian law, which requires
candidates to the parliament not to "commit or advocate racism" or
"pursue the implementation of their aims by unlawful and non-democratic
means." But that law says nothing about resistance to foreign
occupation. It is a national law that relates to behavior towards
others and respect for the laws of the country, as would be expressed in
the oath of office all elected officials and political appointees are
expected to take. Nothing in the oath of office protects foreign
occupation. On the contrary, the laws of the country call for freedom
and liberty, not submission to occupation and oppression. This
interpretation of the 1996 law is especially relevant in view of the
fact that the PA and the sitting government in Iraq are not recognized
as sovereign powers, nor do they enjoy reciprocity agreements with the
occupying countries in the treatment of their own citizens by those
other countries.
Fourth, the US urging to bar Hamas and Jihad from the elections, unless
they abandon violent resistance to occupation is itself undemocratic. On
one hand, democracy does not allow barring citizens from exercising
their voting rights. On the other, the Palestinian people have not
voted on such a measure, nor have they been consulted. Evidently, to
avoid having "undesirable" Palestinians sit in Parliament, the US is
ready to bend the rules and compromise the principles of democracy, at
least in far away places, for example Palestine.
Fifth, the contradictions in the US approach to Palestinian democracy
are evident in another way. On one hand the US wants Hamas and Jihad to
disarm and become players in the politics of the country. On the other
hand, it objects when President Abbas tries to co-opt those groups and
integrate them into the political system. Once members of Hamas and
Jihad are elected, they would have to take the oath of office, which
precludes the use of unlawful and undemocratic means in pursuing their
objectives. Thus, barring them from participation in the elections
means preventing their co-optation and integration into the democratic
systém under construction. Furthermore, excluding those groups from the
elections renders the parliament no longer representative of all
factions of the people, which again is in contradiction with the
principles of democracy. The US may have forgotten what happened when it
supported the Algerian army in preventing Islamic winners in the
election from assuming power in proportion to their winnings: civil war
and the re-establishment of a military dictatorship, though dressed up
as a democracy.
Sixth, the US administration and Israel do have a point in urging an end
to terror or violence against civilians, and against Israel in general.
But ending terror should apply to all parties and to all forms of
terror, including suicide bombing, speeding car shooting, helicopter
gunship assassinations, appropriation of land and eviction of innocent
civilians from their land and property, and humiliation of the occupied
people in their daily life.
Seventh, it may be easier to persuade Hamas and Jihad to disarm by
co-opting them than by excluding them from the political process. For
example, it may be more effective to convince them to disarm if they can
see real hope that the occupation will end in proportion to their
disarming, in one location after another. It may also be helpful if
they could be assured that Israel would put an end to expansionism into
Palestinian territory, which betrays intentions of perpetuating
occupation. Furthermore, any reduction of occupation must be genuine
and complete, rather than a gimmick for public relations purposes, the
way Israel's withdrawal from Gaza has been.
Finally, the US can help President Abbas in his attempts to put an end
to violence by convincing Israel to go back to the negotiations table,
comply with the Road Map, end its use of excessive force, and ease
conditions to allow the Palestinians to develop their economy and
rehabilitate their society. Only then can the US claim to be on the
side of democracy, stability, and peace between Israel and Palestine and
in the Middle East region at large.
* Elias H. Tuma, is a professor emeritus of economics, University
of California, Davis, CA.