Ref: 82/2011

The Palestinian Center for Human Rights (PCHR) is
shocked and strongly denounces the declaration issued by the Ministry of
Interior and National Security in Gaza regarding the travel of representatives of
non-governmental organizations (NGOs) and institutions to the West Bank or
abroad. PCHR believes that this trend is
one of a series of decisions taken recently by the government in Gaza, which
are unprecedented and unacceptable interventions into the work of NGOs. These
actions impose restrictions on NGOs and activists based on security that are
unacceptable and inappropriate. As a result, the foundations of the
relationship between NGOs and the government, which is regulated by the Basic
Law and all other laws in force, are threatened to be undermined. PCHR calls upon Isma’il Haniya, the Prime
Minister in Gaza, to immediately and personally intervene to ensure respect for
the law, the relationship with NGOs and their role, and to ensure their
independence.

On 10 August 2011, the General Department of
Public Affairs and NGOs in the Ministry of Interior and National Security in
Gaza posted a declaration on its website regarding the travel of participants
through NGOs’ programs and activities:

“The General Department of Public Affairs
and NGOs in the Ministry of Interior and National Security announces that each
person of those wishing to travel through NGOs’ programs or projects to the
West Bank or abroad has to refer to the General Department of Public Affairs
and NGOs not less than two weeks from the date of travel. He/she also has to inform us of the
following:

– The
destination

– The
period of travel

– The
purpose of travel, in addition to identifying the program

– The
target group (a list of names and data of all participants)

– The
hosting body

This declaration was published days after posting
a news item on website of the Council of Ministers in Gaza – Secretariat General
– on 02 August 2011. It stated that the
government “decided not to allow any NGO or non-profit organization to
implement any project that is funded by a donor without the approval of the
Ministry of Interior, National Security and concerned bodies.” This news was then negated by the government
in communications made with the Secretariat General of the Council of Ministers
and with the government’s spokesperson. However, it was not officially cancelled.

Additionally, on 31 May 2011, the Council of
Ministers in Gaza issued a decision to make amendments to the executive bill of
Charitable Associations and Community Organizations Law No. 1/2000, which has
not been officially published in the official gazette yet (al-Waqa’e Newspaper
in Gaza). The amendments included adding
article (47 bis) which stipulates that: “1. All the branches of local
organizations shall provide to the Ministry and the Competent Ministry any
documents or papers upon request; and 2. The Ministry and the Competent
Ministry shall implement activities implemented by branches of local
organizations to make sure that the funds of the said branches are spent for
the designated purpose.” PCHR
had reservations over this amendment, which substantially destroys the essence
of this relationship and grants more power to the Ministry of Interior to
intervene into the affairs of organizations. Further, this amendment
constitutes an encroachment of the law.

PCHR strongly denounces this declaration and
warns that there are great risks in taking such actions, as it violates the law
and is part of the restrictions imposed on the Palestinian people due to the
illegal siege; and:

1. Calls
upon Mr. Isma’il Haniya, the Prime Minister in Gaza, to immediately and
personally intervene to ensure respect for the law, the relationship with NGOs
and their role, and to ensure their independence.;

2. Calls
upon the Ministry of Interior and National Security in Gaza to withdraw this
trend and annul the decision immediately;

3. Stresses
that the freedom of movement is ensured for all persons under the law and the
constitution;

4. Rejects
that the Ministry of Interior and National Security deals with NGOs’ activists
on security basis. PCHR expresses its
concerns that this trend is part of a policy that will eventually lead to
undermining the foundations of an independent and active society;

5. Believes
that this trend raises a question concerning what civil society the government
wants, and whether there is an appropriate environment for an independent civil
society or the trend is part of persistent efforts for control and containment,
which violate the spirit and text of the law.