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EUROMID
FACTSHEET
25 JANUARY 2006
THE
PALESTINIAN PARLIAMENTARY ELECTIONS, THE EU AND HAMAS
The
participation and the likelihood of Hamas' strong showing
in today's Palestinian parliamentary elections have raised
concerns about the consequences that the Islamic militant
group's entrance into politics will have on the regional and
international political arenas. In the first instance, some
hailed at the Hamas' participation to parliamentary elections
as a definitive long-awaited recognition of the 1993 Oslo
acquis, which Hamas shunned boycotting the last, and until
today only, parliamentary elections, held in 1996. Others,
including Israel and the US, saw the Islamic militant group's
running for elections as an unacceptable oxymoron, given the
group's stubbornness in keeping up its militant sworn to death
profile against the state of Israel. Yet, after it was realized
- by Israel on 30 October 2005 ('Israel drops Hamas vote ban
call, BBC) - that letting Hamas participate was 'the best
of bad options', the interest and concern of the international
community turned to putting pressure on the Islamic Resistance
movement to moderate its extremist tenets before it enters
international politics.
What shall western executives and legislatures do if a political
party that they officially regard as a terrorist organization
cross the threshold and joins the government and the legislative
assembly of a partner in international relations (the Palestinian
National Authority and the Palestinian Legislative Council
respectively)? What if this party wins the elections and controls
government and assembly altogether? These questions are of
particular interest and concern to the EU which, being the
PA's main donor, has invested significant resources and political
weight to make the most of the momentum that followed the
Israeli withdrawal from Gaza. In the last months, the EU launched
a Border Assistance Mission at the Rafah crossing point, sent
a mission to the West Bank to reform and train Palestinian
police services, freed financial aid to lift Gaza's economy
out of poverty and, latest in time, assisted the PA in the
organization of the elections, giving financial support and
sending two observation missions of more that 150 people.
In the light of its major commitment to the Palestinians,
the EU has an interest in assessing t its relations with the
to-be elected political forces. For its controversial profile
and political importance, the state of relations between the
EU and the Islamic Resistance Movement, Hamas, is arguably
the most interesting.
The Council of European Union is composed of Member States'
foreign ministries and represents the EU's highest decision
making body in security foreign affairs. Pursuant to Common
Position number 651, adopted on 12 September 2003, the Council
regards Hamas as a terrorist organization. Accordingly, the
EU proscribes the group's freedom to move and to act in the
Union, let alone its ability to have contacts with EU officials.
In order to amend its common position and lift the group from
its black list, the Council's official position requires Hamas
to disarm (H.E Marc Otte, Special EU Envoy to the Middle East,
EPC Policy Briefing, Brussels, 30 November 2005).
The European Commission has no exclusive competence in managing
the Union's relations with third parties under the common
foreign and security policy. It therefore abides by the Council's
positions and acts according to them, within the sphere of
its competences. As for the case at hand, the relevant DGs
are the ones in charge of Justice, Freedom and Security and
of External Relations and the European Neighbourhood Policy.
Mr. Franco Frattini, who is the commissioner responsible for
the former, is competent to control terrorist organizations'
affairs within the EU area. In 2003, in the capacity of Italy's
Foreign Affairs Ministry, Mr. Frattini chaired the EU Council
which agreed to put Hamas in the EU's black list. As of today,
Mr. Frattini remains opposed to a rehabilitation of the status
of Hamas and to ease restrictions on the Islamic group's freedom
of movement in the EU. The Commissioner maintains that the
Palestinian group should categorically renounce violence and
give up the bid to destroy Israel before a revision of its
status can be envisioned (Interview with Corriere della Sera,
19 April 2005).
Under the direction of Commissioner for External relations
and Neighborhood Policy Benita Ferrero-Waldner, the EU assists
the Palestinian Authority with large financial aid. The incumbent
Palestinian elections could not have taken place without the
EU, which spent €18.5 million for it (including the observation
missions sent in January of 2005). Speaking at the press conference
in Jerusalem on 17 January 2006, the Commissioner also announced
the launch of four new energy and environment infrastructure
projects in Gaza worth €20 million; in addition she made
known a second payment of €1.5 million to provide x-ray
machines, metal detectors, computers and other equipment to
the EU Mission at Rafah. However, echoing the concerns of
Javier Solana, EU's Foreign Affairs representative, the Commissioner
suggested that the EU would not be able to keep up the allocation
of taxpayers' money to the Palestinian Authority (PA), should
a new Palestinian government adopt aggressive attitudes.
The European Parliament is by its own nature the principal
guarantor that EU taxpayers' money is not misused. In addition,
the ballot in the Palestinian Territories will bring into
being the counterpart of the EP, that Palestinian Legislative
Council (PLC). The EP sent an observation mission to the Palestinian
elections with the task to ensure that elections are run in
a free and democratic manner. The European assembly has also
mulled over the consequences that a victory of Hamas will
have on the future of the relations with the Palestinians.
Although it has not issued a common declaration about it,
as of today, fifty-nine members of the European Parliament
have expressed their concerns in an open letter which has
been sent to the Palestinian Electoral Commission. The letter,
drafted by Patrick Gaubert (France, EPP-ED), Bronislaw Geremek
(Poland, ALDE), Vytautas Landsbergis (Lithuania, EPP-ED),
Marek Maciej Siwiec (Poland, PSE), Cristiana Muscardini (Italy,
UEN), Frédérique Ries (Belgium, ALDE) and Charles
Tannock (United Kingdom, EPP-ED) calls on all the candidates
standing for elections 'to sign a document in which they commit
themselves to the peace process, based on the principle of
two states for two peoples, recognizing Israel's right to
exist, renouncing violence and refraining from terror activities
and committing to disarmament'. The letter, which praises
the Palestinian Authority and the Electoral Committee for
the efforts made to guarantee a democratic electoral process,
also calls 'on the groups and parties wishing to participate
in the elections (especially Hamas) to show their willingness
to become part of a genuinely democratic political environment
by disarming the militias and by ensuring their Charter does
not include articles calling for the destruction of the state
of Israel and advocating anti-Semitism.
EM
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