Ref: 87/2007

Date: 13 August 2007

Time: 12:30 GMT

PCHR Calls upon the Executive Force to Cancel the Decision to Ban Demonstrations without Official Permission from the Force

PCHR is extremely concerned by the decision issued by the Executive Force to ban any demonstrations without obtaining permission from the Force. The Centre views this decision as a violation of the right to peaceful assembly that is protected by the Basic Law and by the Law of General Assemblies of the Year 1998.

On Monday, 13 August 2007, The Executive Force’s web site published a statement by the Force’s spokesperson, Saber Khalifa, stating, “Stemming from the public interest, and in order to preserve security, and relying on the rule of law, it is forbidden to go out in any demonstration without official permission from the Executive Force.”

This decision is a flagrant violation of the right to peaceful assembly protected by Article 26 of the Amended Basic Law of the Year 2003. In addition, this decision violates the General Assemblies Law #12 for the Year 1998, which conforms with relevant international standards, especially the Special Covenant of Civil and Political Rights.

The Executive Force’s decision is a reminder of the decision issued on 29 February 2000 by the then-Director General of the Palestinian Police, Gen. Ghazi Jabali, that bans demonstrations without prior permission. The Centre condemned the decision very strongly at the time, and considered it a violation of the General Assemblies Law. PCHR represented political parties and civil society organizations, and appealed the decision to the High Court. On 29 April 2000, the High Court issued a decision to suspend the implementation of the Director General of the Police, pending a final decision by the Court.

On 30 April 2000, the late President Arafat, in his capacity as the Interior Minister, issued the Executive Framework of the General Assemblies Law. The Executive Framework was in 12 articles to regulate holding any meeting or assembly of 50 or more persons. Regrettably, it came in full conformity with the decision of the Director General of the Police; thus, establishing restrictions as the norm regarding general assemblies, with permissions being the exception. The Executive Framework of the General Assemblies Law was in conflict with the spirit of the law, established on the principle of permission and not restrictions.

After the outbreak of Al-Aqsa Intifada in September 2000, the Palestinian National Authority turned a blind eye to the issue of holding peaceful demonstrations. Hundreds of demonstrations were organized without permission from the Police. However, the Centre maintained its demand to amend the Executive Framework of the General Assemblies Law. The last message in this regard was sent on 1 November 2006 to the then-Minister of Interior Said Seyam. The letter urged him to use his authority cancel or amend the Executive Framework of the General Assemblies Law.

In light of these developments, PCHR:

–         Calls upon the Executive Force to rescind the decision in question and to allow peaceful assemblies and any form of general assembly.

–         Affirms that the Police Force does not possess any legal mandate to permit or ban any peaceful demonstration or any form of peaceful assembly. The Law states that the police should be “notified” only by the organizers; and that the Police Force should put restrictions on the duration and route taken by the demonstration in order to organize traffic.