PRESS RELEASE
Further Inconsistencies in the Legislative Treatment of Draft NGO Law
Ref: 84/99
Date: 1st September, 1999
PCHR has been closely following the developments regarding the Palestinian NGO’s draft law, which was passed by the third reading of the Palestinian Legislative Council (PLC) on 21 December 1998. PCHR expresses its great concern over the most recent development in this regard. On 12 August 1999 the Speaker of the House announced that the PLC accepted the changes proposed by President Arafat. In essence the changes involved transferring responsibility for the administration of NGO’s to the Ministry of Interior instead of the Ministry of Justice, as provided in the Draft Law. The Speaker’s announcement came after a special Council session on the Budget, when many members had already left the hall.
Previously, on 25 May 1999, the Council voted against the changes proposed by the President. However concerns were raised over the validity of this vote as it did not meet the quorum requirements in Article 71 of the Council by-laws. The matter was referred to the Council’s Legal Committee for a legal opinion. On 12 August 1999, the Speaker announced that the Committee’s opinion affirmed that the vote was not valid. Accordingly, the Speaker announced that a revised Draft Law, incorporating the proposed changes, would be considered valid. In the light of these developments, PCHR emphasizes the following:
- PCHR expresses its surprise over the manner in which the Speaker made this announcement, at a time when many of the members had already left the hall. PCHR has contacted many Council members who informed the Centre that they were not aware of this development. PCHR sees this as an attempt to arbitrarily close the file on a matter which produced polarized reactions both within the PLC, and beyond. PCHR believes that the Draft Law represents a real test case to the PLC to stand firmly against attempts of the Executive to undermine the will of the Council and its members. It is therefore perplexing and concerning that the whole affair was abruptly ended by the announcement of the Speaker of the House, without reaction.
- PCHR reiterates its position that the Council session of 25 May 1999, at which the PLC voted against the changes, was itself invalid. Therefore there was no need for a opinion from the Committee about the legality of the vote. The Draft Law was passed by the third reading on December 21 1998, and was transferred to the President on 27 December 1998. According to Article 71, the President then had 30 days in which to either ratify the Draft Law, or to return it to the PLC with comments. He did neither. In this case, Article 71 provides that the Draft Law is valid as law, and it should have been published in the Palestinian Gazette.
Under these circumstances several questions demand to be asked. For example, why the law was not immediately published. It is also legitimate to raise questions about the reasons for re-debating the issue in an additional Council meeting on 25 May 1999, when the PLC voted on changes proposed by the President, proposals received by the Council on 10 April 1999, more than two months after the Draft Law should have passed into law. And why, for example, the Council did not insist on the proper legislative process in relation to the Draft Law. Instead, attention has been deflected into discussions on the legality of the vote of the May 25th to reject the Presidents amendments.
- Even if we put that aside and consider the May 25th session, significant inconsistencies in the logic applied in the announcement of the Speaker are clear. While we acknowledge the vote did not meet the requirements of Article 71, and therefore was not a valid rejection of the President’s proposal, it follows that neither could it constitute a valid approval of those changes. According to Article 71 section 2, if the head of the Palestinian National Authority returns the Draft Law to the Council with comments, the Draft Law shall be re-debated. Upon the vote of the absolute majority of the Council, the law will be considered valid and must be published in the Palestinian Gazette immediately, whether that vote was to reject or accept the proposed changes. Our point is that an absolute majority of the Council is required either to reject or to accept any proposed changes from the President.
- PCHR believes that the Draft Law passed by the third reading represents a creative model for the organisation of the work of Palestinian NGO’s in a way that guarantees the independence of this sector and that promotes and strengthens Palestinian civil society. The Draft Law is much more liberal than other comparable laws in the region. The Draft Law is an achievement for the people of Palestine and serves well their aspirations towards a democratic, independent state of Palestine. It also implies recognition by the Legislature of the role of Palestinian NGO’s and their contributions to Palestinian society.
- PCHR calls upon Council members to take these developments seriously, and to give them their utmost attention, in order that the will of the people and its representatives prevail.
- PCHR expresses its disappointment at the replacement of the Ministry of Justice with the Ministry of Interior as the agency responsible for the administration of NGO’s. The removal of the Ministry of Justice from this role represents a symbolic and practical step away from the judicial ideals integral to the promotion of civil society in Palestine. If the law is passed in this way, PCHR reserves its legitimate right to struggle to have it amended, in order to promote civil society and guarantee its own independence.
For More Information Contact:
Palestinian Center for Human Rights
Tel/Fax: (+) 9727 2824776 / 2823725
E-mail: [email protected], Web page: www.pchrgaza.org
