On August 19, 2025, President Mahmoud Abbas of the Palestinian Authority (PA) signed a presidential decree that could reshape the future governance of the Palestinian territories. The decree, reported by the PA-affiliated Wafa news site the following morning, establishes a committee tasked with drafting an interim constitution for a prospective State of Palestine. This move, timed just ahead of anticipated recognition of Palestinian statehood by several Western nations at the upcoming United Nations General Assembly in September, signals a renewed push for legitimacy and internal reform amid ongoing regional upheaval.
According to Wafa, the committee's mandate is clear: to draft a constitution that aligns with international law, United Nations resolutions, and the 1988 Palestinian Declaration of Independence. The goal is to "lay the constitutional foundations for a democratic system based on the rule of law, separation of powers, respect for rights and freedoms, and peaceful transfer of authority." The timing is no accident. As global attention turns once again to the Israeli-Palestinian conflict, the PA is seeking to present itself as ready for statehood and self-governance, particularly in the Gaza Strip, which has been mired in conflict and political division for nearly two decades.
Prime Minister Mohammad Mustafa, speaking during a visit to the Egyptian side of the Rafah border crossing on August 19, confirmed the announcement and offered a glimpse into the PA’s immediate plans. "We will soon announce the establishment of a temporary committee to manage the affairs of the Strip under the auspices of the Palestinian government," Mustafa told reporters, as cited by Wafa. The announcement comes amid an Egyptian-led mediation effort aimed at bridging the deep rifts between Fatah, Hamas, and Palestinian Islamic Jihad—factions whose rivalry has long stymied efforts at Palestinian unity and democratic elections.
The road to this moment has been anything but straightforward. President Abbas, now in his third decade in office, was originally elected to a four-year term in January 2005. The subsequent conflict between Fatah and Hamas, which erupted after Hamas won a majority in the 2006 Palestinian Legislative Council elections and then seized control of Gaza in 2007, led to a protracted split. Abbas extended his term, and in December 2009, the PLO Central Council voted him into the position indefinitely. Despite routine promises to hold new elections, Abbas has hesitated, citing concerns that Hamas could again win at the ballot box, potentially triggering renewed conflict with Israel and jeopardizing the fragile stability of the Palestinian Authority.
Now, with the promise of general elections sometime in 2026, the formation of a constitutional committee is being framed as a critical step toward re-legitimizing Palestinian institutions and preparing for a peaceful transfer of power. The context is urgent: any new elections would follow the cessation of hostilities and the withdrawal of Israeli forces from Gaza, with the PA assuming full responsibility for governance in the Strip. The process is also meant to lay the groundwork for an international peace conference at summit level in September, where the two-state solution will once again be at the forefront of diplomatic discussions.
But the PA’s efforts are taking place in a highly charged regional environment. Egypt’s mediation is just one piece of a broader diplomatic puzzle. Israel, for its part, has made it clear that it will not accept any future role for Hamas in Gaza following the end of the current war. Even Saudi Arabia, a key regional player, has stated that normalization of relations with Israel hinges on Hamas being disarmed as a military force. The Arab League echoed this sentiment in July 2025, calling for Hamas to disarm and relinquish power in Gaza as part of a broader two-state solution framework.
As the PA looks to draft a constitution and prepare for elections, the lessons of other constitutional democracies loom large. An op-ed published on August 20, 2025, in Daily Maverick by Nicola Bergsteedt, drawing on insights from former South African Constitutional Court Justice Albie Sachs, provides a timely reminder of what it takes to build resilient democratic institutions. Sachs, who was instrumental in shaping South Africa’s post-apartheid constitution, argues that the true brilliance of a constitution lies not simply in its values—dignity, equality, and freedom—but in the mechanisms it creates to guard those values.
South Africa’s experience is instructive. The country’s Chapter Nine institutions, including the Public Protector, Independent Electoral Commission (IEC), Human Rights Commission, Commission for Gender Equality, and Auditor-General, serve as "watchdogs of democracy." These bodies, as Sachs puts it, act as circuit breakers when traditional political channels fail, ensuring that abuses of power, misuse of funds, or erosion of human rights do not go unchecked. The evolution of the Public Protector, whose recommendations became binding after key Constitutional Court rulings, demonstrates how strong institutions can transform accountability in government—provided they are led by individuals of integrity and supported by public vigilance.
The IEC’s role in managing credible elections, even during South Africa’s turbulent first democratic vote in 1994, underscores the importance of institutional strength in fostering democratic legitimacy. Likewise, the Judicial Service Commission’s balanced approach to judicial appointments has helped maintain both independence and public trust in the judiciary. Perhaps most crucially, the Auditor-General’s rigorous oversight of public finances has made it a bulwark against corruption, ensuring that democracy is more than just words on a page.
For Palestine, these lessons are particularly relevant. The draft constitution aims to establish a democratic order that respects the rule of law and guarantees rights and freedoms. But as the South African example shows, the success of such a constitutional framework depends not just on the rules themselves, but on the institutions that bring them to life—and the leaders who guide them. As Sachs cautions, "institutions matter, but so do the people who lead them." Leadership, public awareness, and political will are all essential if democracy is to take root and flourish.
The PA’s move to form a constitutional committee and prepare for elections represents an attempt to assert agency and credibility at a critical juncture. Yet, the challenges are formidable. The internal divisions between Fatah and Hamas, the ongoing conflict with Israel, and the skepticism of regional and international actors all threaten to derail progress. Still, the decision to chart a path toward constitutional democracy—anchored in international law and the principles of peaceful power transfer—marks a significant step. Whether this initiative leads to lasting change will depend on the ability of Palestinian leaders and institutions to deliver on their promises and withstand the pressures that have so often derailed reform in the past.
As the world watches and the UN General Assembly approaches, the draft constitution and the promise of elections offer a rare glimmer of possibility for Palestinian self-determination. The coming months will test not only the PA’s resolve but also the resilience of the democratic institutions it hopes to build—institutions that, if successful, could become the "quiet architects of freedom" in a region long starved for stability and justice.