Ref:
80/2011

The
Palestinian Centre for Human Rights (PCHR) call upon the Council of Ministers
in Gaza to reconsider its decision to make amendments to the Executive Bill of
the Charitable Associations and Community Organizations Law No. 1/2000, and
ensure that any such amendments are in line with the law.

It
has been revealed recently that a decision was issued by the Council of
Ministers in Gaza on 31 May 2011. The decision has not been published yet in
the Official Gazette in Gaza. The decision is coded as Decision No. 3/205/11 of
2011 Regarding Amendment of Council of Ministers’ Decision No. 9/2003
Concerning the Executive Bill of the Charitable Associations and Community
Organizations Law No. 1/2000.  The
Decision added two articles to the Executive Bill as follows:

1. Article (31 bis) stipulates that: “Branches of foreign
organizations registered in the Palestinian Territory shall be subject to legal
provisions and regulatory measures applied by the Ministry and the Competent
Ministry to local organizations.”

2. Article (47 bis) stipulates that: “1. All the branches of
local organizations shall provide to the Ministry or 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 has reservations over the other amendment (Article 47 bis)
which substantially violates the Charitable Associations and Community
Organizations Law No. 1/2000 for the following reasons: 

1. PCHR stress the importance of the relationship between
organizations on one side, and between organizations and the government on the
other side. The relationship between organizations and the appropriate
ministry, which is responsible for monitoring organizations and their
activities, is based on cooperation and integration with the aim to achieve
public interests. This relationship has been stipulated in Article 10 of the
Charitable Associations and Community Organizations Law No. 1/2000 and in
Article 8 of its Executive Bill which states that: “The relationship
between organizations and competent ministries shall be based on total
coordination and cooperation with the aim to achieve public interests.”
This must be continuingly stressed as the principle governing the relationship
between the civil society organizations and the government represented in
competent ministries.

2. The amendment 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.  Article 6 of the Charitable Associations and
Community Organizations Law No. 1/2000 explicitly states that: “The
Competent Ministry shall undertake the follow-up of organizations’
activities” as it is the most capable to undertake this duty by virtue of
its functions. This Article does not grant the competent ministry, which is the
Ministry of Interior, any powers to follow up organizations’ activities in all
circumstances; however, the Article determines the follow-up duty in accordance
with each case separately and in accordance with a letter addressed by the
Competent Minister.  The same Article
states that: “The Ministry may follow up the activities of any
organization based on a written reasoned decision taken by the Competent
Minister in each case, to make sure that organizations’ funds are spent for the
designated purpose and in accordance with the provisions of this Law and of the
organizations’ statute. Organizations shall allow the Ministry to enforce this
law to make sure that the organizations perform their work in accordance with
the provisions of this Law and the provisions of their statute.”

3. PCHR note that in cases where the main activities of organizations
do not fall within the competence of any ministry, the Executive Bill defines
the Ministry of Justice as the competent ministry, and has no mention of the
Ministry of Interior.  Article 3.7 states
that: “The Ministry of Justice shall be the Competent Ministry to follow
up organizations whose main activities do not fall within the competence of any
existing ministry.”

In
view of all the above, PCHR call upon the Council of Ministers in Gaza to reconsider
its decision to make amendments to the Executive Bill of the Charitable
Associations and Community Organizations Law No. 1/2000.