Ref: 38/2012

Today morning,
30 April 2012, the Palestinian Center for Human Rights (PCHR) challenged the
constitutionality of the decision taken by the Council of Ministers in Gaza No.
229 of 2011 before the Supreme Court in Gaza, in its capacity as a
constitutional court.  The decision amended
the Council of Ministers’ Decision No. 9/2003 Concerning the Executive Regulation
of the Charitable Associations and Community Organizations Law 1/2002.  On 16 February 2012, the amended decision was
published in volume No. 81 of the al-Waqa’e official gazette in Gaza.

In the
challenge presented to the constitutional court, PCHR called for the issuance
of a preliminary decision to make the challenge admissible before the court and
obliging the respondent, the Prime Minister in Gaza, who is represented by the prosecution,
to reveal the reasons for issuing the above-mentioned decision in violation of
the law.  Besides, PCHR requested
non-application of this decision pending the appeal, in addition to notifying
the concerned authorities in this regard. 
PCHR also called for issuing a final decision to annul the challenged
decision because it violates the law.

It should be
noted that this challenge was presented following a series of meetings with the
NGOs network and human rights organizations in the Gaza Strip.  On 09 April 2012, a meeting was held between
representatives of PCHR, NGOs network and human rights organizations in the
Gaza Strip on the one side, and Dr. Ahmed Bahar, the First Deputy Speaker of
the Palestinian Legislative Council, on the other side.  The meeting discussed the challenged decision
issued by the Council of Ministers, and Dr. Bahar promised to thoroughly take
the issue into account and take the necessary legal procedures.

It should be
noted that this is the first time that PCHR addresses the judicial authority in
the Gaza Strip since 2007, when the political split erupted.