Press Release

Palestinian Centre for Human Rights Publishes A New Study Entitled

“The Civil Servants Law and its Implementation”

 

Ref.: 96/99

Date: 4^th October, 1999

The Palestinian Centre for Human Right has published a new study entitled “The Civil Servants Law and its Implementation: between theory and practice”. The study focuses on the Civil Servant Law and the executive authority announcement for its implementation. The study documents the opposition by the civil servants to improper implementation of the law. The study is published in Arabic.

The importance of the study derives from the fact that it relates to the different segments of the civil servants in the Palestinian National Authority. It also calls for the implementation of a unified law for all civil servants, and an end to the current confusion resulting from the implementation of different regulations and law for civil servants in the West Bank and Gaza Strip.

The Civil Servant Law is considered one of the most important factors contributing to the unification of law and regulation in the Palestinian Authority areas. It is considered the basic challenge in the development of the public sector in our country in accordance both with the unique situation of Palestinian and with the related international standards. In particular, the importance of transparent, objective recruitment practices in the public sector, and of principles of equality and non-discrimination.

PCHR considers this study to be part of its work and effort toward enhancing and supporting the rule of law. It forms part of our commitment to secure the proper implementation of the provisions of this law without any deviation. PCHR believes that such a goal cannot be achieved without the full commitment of various parties to implement the law without imputing any personal interpretation of the provisions in a way which deviate from the intention of the law.

The study completes a phase of effort by the Centre which started with the aim of having a law drafted which would achieve a fair and just result for civil servants and serve the goal of the state building process. The study includes the activities that were carried out by the Centre regarding developments in the Civil Servant Law developments and the process of its gradual implementation.

PCHR considers proper implementation of the law requires development of the executive mechanism provided for in the law itself. This needs to be done through the issuing of executive regulations. The Centre considers one year after the publishing of the law to be enough time for all the concerned executive parties to prepare the regulations necessary to remove any remaining ambiguity in interpreting the provisions of the law.

This will help to develop a strong and efficient public sector in our country that will serve the process of state building and will develop our country on the basis of social justice, bringing to an end the current problems stemming from a public sector characterised by politicisation and nepotism.

Within this context, and based on the actual process of implementation, we will be able to conclude whether or not the law satisfies the objectives it was intended to fulfil. At this point we think that those people who are committed to achieving justice for civil servants and to developing the public sector must continue to work to eliminate the remaining defaults in the law.