MIDDLE EAST: Hamas's recognition of the PLO's right to speak for Palestinians provides an opportunity to keep open channels of communication, writes Michael Jansen
The formation of a cabinet by Hamas has created confusion in the Palestinian territories and on the international scene. The shift from one-party Fatah rule to Hamas has upset the well-established hierarchical relationship between the Palestine Liberation Organisation (PLO), the Palestinian National Authority and its executive and legislative branches.
Until Hamas won a majority of seats in the 132-member legislative council in January's election, the secular Fatah movement founded by Yasser Arafat ran both the PLO and the authority. Fatah ruled, made policy, staffed the civil service and security bodies, negotiated with Israel and conducted relations with the international community.
Although established as a liberation movement relying on armed struggle, Fatah secured its dominant domestic position and international status by renouncing violence, recognising the existence of Israel, and working for Palestinian self-determination and statehood through negotiations.
Although it recognises the primacy of the PLO, Hamas is not a member and has no intention of joining. Hamas rejects Fatah's peace policies and refuses to renounce the armed struggle, recognise Israel, and accept agreements reached by the PLO.
However, Prime Minister Ismail Haniyeh has signalled a readiness to maintain the ceasefire imposed in February 2005 and to agree to a long-term truce if Israel agrees to evacuate all territory captured in 1967 and recognise Palestinian rights. Mr Haniyeh says Hamas will negotiate with Israel once it meets these demands. His statements do not meet conditions for dealing with Hamas set by the Quartet (the US, EU, UN and Russia).
Founded in 1964 by nine secular resistance factions, the PLO was taken over by Fatah in 1968 and was granted Arab recognition as the "sole legitimate representative of the Palestinian people" during the Rabat summit in October 1974.
Yasser Arafat was promptly invited to address the UN General Assembly, where he called upon Israel to choose between peace and conflict. His appearance at the UN gave broad legitimacy to the PLO, although no negotiations took place for 19 years.
In November 1988 at a meeting in Algiers, the Palestinian National Council, the PLO's parliament-in-exile, issued a declaration of independence and fixed the frontier between Palestine and Israel along the line of June 4th, 1967, which divided Israel from the occupied West Bank, Gaza and East Jerusalem. Following the declaration, more than 100 countries recognised Palestine and many established diplomatic relations with the PLO as the future government.
Shortly before the Oslo accord was signed in September 1993, the PLO recognised Israel within the June 1967 border and Israel recognised the PLO as the representative of the Palestinian people. The PLO negotiated and signed the Oslo accord and subsequent agreements and undertook to implement international plans to make progress in negotiations.
The Palestinian Authority was established in 1994-95 under the Oslo accord.
The January 1996 election for president and parliament conferred democratic legitimacy on the authority. The system of government was presidential, with Arafat firmly in charge. He chose ministers - the legislative council, where Fatah enjoyed a majority, had a limited role. Arafat did not appoint a prime minister until 2003 when, under strong EU and US pressure to share power, Mahmud Abbas, the current president, was elevated to this post. He was replaced by Ahmed Korei, who served until Hamas ministers were sworn in last week.
Although Ismail Haniyeh is now prime minister, President Abbas retains a large degree of control over finance, security and negotiations. As PLO chairman, he also remains chief spokesman of the Palestinians.
So far Mr Abbas and Mr Haniyeh have not been able to reach a powersharing arrangement by defining their respective spheres of responsibility. But Hamas is under pressure to focus on domestic affairs - reform, welfare, education, health and employment - and cede control over relations with Israel and the international community to Mr Abbas and the PLO. Unfortunately, this organisation became dormant after the creation of the authority and would have to be revived before it could assume a role. A clear division of responsibilities would allow the EU and US to bypass the ban imposed by the Quartet on contacts with the Hamas government by dealing with Mr Abbas and the PLO.
If this does not happen, the ban could destroy the Palestinian Authority. Since Hamas's victory in January's election, Israel has suspended the transfer of up to $50 million (€41 million) a month in tax revenues collected on behalf of the authority. EU budgetary support could also be suspended.
At last week's Khartoum summit, Hamas asked Arab rulers to donate $130 million (€106 million) a month to run the administration and pay the salaries of its 140,000 employees. The Arabs, who previously pledged to give $50 million a month, have failed to deliver and may do so again, leaving the authority strapped for cash and risking its collapse.
In the absence of the authority, the West Bank and Gaza could erupt into anarchy and violence. Israel would be obliged to maintain order and, according to its international legal obligations as occupying power, assume full responsibility for the economic and social welfare of the Palestinians. If this happens, Israel could appeal to the international community to fund this effort, thereby asking foreign donors to finance the occupation. This would suit no one.