Help Us Write The Next Chapter In Gaza’s History!
Every nation on the planet has a document highlighting their beliefs, enumerating their citizenry’s rights, and outlining the basic operations of their country (government), and its called a Constitution. Hamas, which used to control an area with over 2 million people in it, doesn’t have a Constitution either, they have a Charter. With Hamas apparently out of the way and rebuilding clearly in Gaza’s future, we need to ask this two-fold question: Who will govern Gaza, and what documents will they use to govern it by?
We would like to suggest the following approach: that
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- A Constitution be established outlining citizen rights, including their ability to conduct elections and vote, participate in the government, free speech, and educational programs and goals.
- A government body is established where democracy is accounted for, and there are an established level of “checks and balances” between the government, executive and judicial branches.
- That regularly scheduled elections be held, including a vote on the adoption of a new Constitution
With those thoughts in mind, we are proud to present you with the first public draft of a proposed new constitution for Gaza. At this point, I want to stress the following: We want to work with everyone who wants peace and economic development in the region, and who pledges to help construct a document that will represent the dreams, desires and needs of the people of Gaza, not just for today, but for the future.
Our First Draft – for your review & comment
PROPOSED GAZA CONSTITUTION – Public draft #1
Feb. 6, 2024
By the
Gaza Nutrition, Health and Education Fund (GNHEF) (Not for profit organization ##45-3781620)
Preamble:
In the pursuit of justice, equality, and prosperity, the people of the Gaza Strip hereby establish this Constitution on the —- day of 202—. The objective is to secure the rights and dignity of all citizens, fostering a fair, just, and inclusive society.
Article I: Territory and Sovereignty
The borders of the Gaza are defined by international agreements and public practice, with the sovereignty of the people forming the cornerstone of authority. The Egyptian-Israeli armistice agreement of February 24, 1949 defines the borders of Gaza. Located to the south of Israel and the north of Egypt, Gaza is a coastal region located on the SE corner of the Mediterranean. It has been an autonomous region since 1994, and has been administered by the Palestinian National Authority and Hamas since then. Comprehensively, Gaza’s occupies approximately 363 square km (140 square miles) and is approximately 25 miles (40 km) long and 4–5 miles (6–8 km) wide.
Article II: Fundamental Rights and Freedoms
All citizens, regardless of race, religion, gender, sex or any other distinction, are equal before the law. This Constitution guarantees the protection of fundamental human rights and freedoms, including but not limited to the right to vote, freedom of expression, assembly, movement, and religion.
Article III: Right to Vote
All citizens of Gaza, over the age of 18, are eligible to vote and hold office, regardless of race, religion, gender, sex, or any other distinction. Convicted criminals and identified and convicted members of terrorist organizations shall be disqualified from voting. The voting for local Elections shall take place on the first Wednesday in March, every 4 years. The first election will be on March 4, 2026.
Article IV: Separation of Powers
The Government’s powers shall be divided into three independent branches—Legislative, Executive, and Judicial—operating within the limits established by this Constitution.
Article V: Local Governance
Gaza is divided into five regional governments who administer local affairs. All elected officials shall be residents of said district they serve in. The districts are Gaza City, North Gaza, Rafah, Deir el-Balah, and Khan Younis.
Article VI: Legislative Authority
With document’s adoption, a representative body entitled the “Governmental Council” is created. Each council consists of seven seats that represent seven identified districts. They will enact laws based on the needs and will of the people. Each district shall contain approximately the same number of constituents. District population shall be determined by a decennial census. All citizens, regardless of sex or religion, unless as noted above in Article III, are eligible to run and hold elected or appointed office if they are 18 years old.
Article VII: Executive Authority
Each Local government outlined in Article V shall be lead by an Executive who is elected by all registered voters in the enumerated government. The Executive shall work with the Governmental Council to establish and enact policies and laws that protect the lives of their constituents, foster peace between neighbors and enhance the district socially and economically. The Executive shall have the power to appoint a cabinet to assist in administering the local government’s affairs. The Executive is responsible for suggesting, assisting in the implementation and enforcement of laws. The minimum age of the Executive shall be 25.
Article VIII: Judicial Authority
An independent judicial authority interprets laws, protects the Constitution, and ensures justice. Judges, appointed by the Executive and approved by the council, must be 25, and active members of the Legal Community.
Article IX: Political Parties
Political parties shall be allowed as long as they meet the following criteria:
They:
- Sign a petition with 300 names on it and file it with the proper, established oversight authority, or
- Pay a fee as established by the oversight authority within 2 years of this document’s adoption, or
- Receive 1% of the total vote during the previous elections, or
- Are not controlled, funded or associated with a recognized terrorist or criminal organization, or
Article X: Criminals and Terrorists
Individuals convicted of terrorism, belonging to outlawed organizations, or imprisoned for criminal offenses are ineligible to hold any type of elected or appointed political position(s).
Article XII: Amendment Process
This Constitution, as well as any and all laws enacted by an elected body, may be amended via a governmental or public vote. To be eligible for a public vote, it must meet one of the following pieces of criteria:
- The filing of a petition process involving 1/5th of all registered voters there
- The measure’s placement on the ballot by the Council
Once filed with the proper authorities, with transparency in mind, all measures shall be placed before the people on a selected date, not more than one hundred and eighty days (180) after the filing of the petition. For the measure to become law through a public vote, approval must come from a simple majority of those eligible to vote.
Article XII: Amendment Process
This Constitution and any adopted or enacted laws, can be amended via public vote, meeting established criteria, including but not limited to a public petition or Council placement of the issue/subject on the ballot. A public vote, approved by a simple majority, is required for any amendments to this Constitution.
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Note: This document is a template and is being offered/presented in an effort to foster public discussion and solicit input. As such, the language will change, but hope the ideas contained under each Article will expand while staying the same. Upon adoption by a Constitutional Commission, they will hold a series of open and public hearings. Once the process is complete, a Plebiscite shall be held, to solidly and ensure the authenticity, legitimacy, inclusivity, compliance, and enforcement of this Constitution and the principles it contains.
We look forward to your responses. You can post them here, or send them to: