Are Consensus Lists Unconstitutional? The Duty of the State

Voices are rising in preparation for the local council elections scheduled for the end of April, calling for agreements among families and clans to endorse a consensus list for the local council; where each family in the local council chooses its candidates seemingly in accordance with its population size or influence related to economic, military, or authoritative power, instead of conducting competitive elections among political and social forces and the citizens' right to choose among programs.

This pattern of behavior indicates a regression in Palestinian society; towards tribal affiliations "families and clans" instead of the historical development of political life in Palestine over more than a hundred years since the establishment of parties and political forces, sixty years since the onset of the Palestinian revolution, and thirty-two years since the establishment of the Palestinian authority in the West Bank and Gaza based on "the rule of law" embodied in the amended Palestinian Basic Law of 2003. It reflects a behavior in public life "the state" founded on submission to the requirements of tribal influence rather than the programmatic competition of parties and civil social forces, and towards a political education for members of society that is incompatible with the principles and pillars of a democratic state and the law established by the existing political institution.

The consensus list being promoted absolutely violates the right of citizens "individuals" to participate in choosing their representatives in the governance "local council"; as it violates the provisions of Article 9 of the Basic Law, which stipulates equality of citizens before the law, and the provisions of Article 26 of the Basic Law which grants Palestinians the right to participate in political life individually and collectively, particularly their right "to vote and run in elections to choose representatives elected by general ballot in accordance with the law." It also contradicts Article 2 of Law No. 23 of 2025 regarding the election of local councils and its amendments, which states that the right is personal to Palestinians who have completed the age of eighteen and residing in the local council to participate in elections, and to run for those who have completed twenty-three years old in accordance with the provisions of the specified articles for candidacy, especially Article 14 which indicated that running will be individual in rural councils and not through lists.

The ongoing agreements do not merely violate constitutional provisions and rules of law but also seize power to prevent citizens from exercising their rights; by preventing competing electoral lists or committing families to restrain their sons from running in elections, meaning that the agreement grants families coercive power in place of the state and its institutions, thus undermining the state’s legitimacy of possessing this legitimacy alone or that the state and its official institutions, in this case, accept the existence of a competing partner in possessing this legitimacy. These agreements also indicate the abandonment of national and Islamic factions of their stature and essence of existence, which is based on organizing and framing citizens within political, social, cultural, and economic programs, when they endorse or sponsor consensus lists for the benefit of families and the tribal concept of power and influence in the local councils in which they reside.

In my view, the violation of the law by individuals or groups may occur. However, the duty of the state prohibits neglecting this by its institutions; it is obligated to adhere to the equality between citizens stipulated in Article 9 of the Basic Law, and to exercise their rights as stated in Article 26. It must also comply with the provisions of Law No. 23 of 2025 and its amendments. Accordingly, it is compelled to conduct elections in all local councils regardless of whether there are consensus or competitive lists, and to refrain from accepting what is called endorsement in violation of a mandatory rule regarding citizens' right to elect their representatives in the local council. This necessitates a reconsideration of Law No. 23 of 2025 towards adding a new text defining the mechanism for the victory of individuals and lists in case of the absence of lists or a number of individuals allowing competition in local elections to obtain no less than 50% of the registered voters in the electoral register of the local council; to ensure the right of citizens to exercise their electoral rights and equality before the law.