Ref: 26/2021
Date: 04 March 2021
Time: 11:40 GMT
On 28 February 2021, the Palestinian president issued a law by decree amending the Palestinian Associations Law of 2000 that included additional restrictions on associations’ work and funding. The Palestinian Centre for Human Rights demands the President to reverse this decree and highlights that such a decree exceeds the President’s powers in terms of issuing laws by decree which is restricted to cases of extreme urgency, which is a flagrant violation of Palestine’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
PCHR emphasizes that respect for the right to form associations and for public freedoms in general is the cornerstone of any democratic system, and that any endeavors to restrain this right can only be perceived as an attempt to seize unilateral authority without accountability. PCHR stresses here that the Palestinian civil society, which was established long before the Palestinian Authority itself in extraordinary measures under occupation, was and still is the pride of Palestinian society for its effectiveness, integrity and professionalism and its vital role in supporting the resilience of the Palestinian people in the face of the occupation and closure. The unique experience and success of the Palestinian civil society as a model in the region and Arab world in terms of its pioneering role cannot be rewarded by attempts to diminish its role by Palestinian parties no matter the justification.
PCHR believes that this law by decree negatively impacts the positive vibes that surrounded the preparations for the upcoming legislative and presidential elections. The restrictions inscribed in the law by decree contradict the previous and recent presidential decree on safeguarding public freedoms (issued on 20 February 2021). Additionally, these restrictions come hand in hand with the fierce Israeli smear campaign against Palestinian civil society, which has recruited official and government-affiliated mediums to undermine the work and legitimacy of the Palestinian civil society and dry up its funding sources.
The law by decree in question provides the legal cover for the arbitrary practices conducted by the Ministry of Interior without legal basis, and it is the last development in a series of decisions and practices that target civil society in all its components, including non-profit companies which are a form of private companies dedicated for the service of the community. Lately, the PA has imposed stringent restrictions on non-profit companies that require them, among other things, to undergo a lengthy security and administrative check to allow them to receive funds. The Ministry of Interior had imposed severe restriction on associations’ ability to receive funds, particularly in the Gaza Strip where associations where systematically denied their right to receive funding and to open a bank account. Furthermore, the Ministry of Interior subjects associations’ action and funding under strict monitoring by security services, particularly the Preventive Security, General Intelligence Services. Of course, this is paired with restrictions on activities, most prominent of which is the requirement to obtain a permit to conduct activities in public places, including closed ones.
Law by decree No. 7/2021, comprised of 8 articles, included additional restrictions on associations and provided a legal cover for the Ministry of Interior’s practices. Hereafter, we will lay out the most prominent reservations on the law by decree; nonetheless, PCHR affirms that the right to form associations obliges respect to four fundamental rights and freedoms, as identified by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association: be allowed to function freely, and their members operate in an enabling and safe environment; Associations should be free to determine their statutes, structure and activities and to make decisions without State interference; Associations should enjoy the right to privacy; and Associations should be able to access domestic and foreign funding and resources without prior authorization.
Article 2.1 of the amending law by decree imposed a requirement upon associations to present a workplan that is compatible with that of the specialized ministry. This is a restriction on the associations’ right to practice their activities in contrast with Palestine’s international obligation, as this imperative restricts associations work within the specialized ministry’s strategy. Hence, the latter become the sole point of reference and decision maker in terms of activities and action. Additionally, this article as presented poses a practical issue for associations whose work intersects with that of multiple ministries. This amendment can be viewed as a merger of civil society within the government, making associations one of the ministries’ tools and means to execute their strategies. Naturally, this conflicts with the monitoring role that civil society practices over the official State institutions, and directly infringes upon the independence of associations.
Article 3.3 imposes an arbitrary restriction on associations as it stipulates that the salaries of associations’ employees and operational expenses must not exceed 25% of their annual budget. This restriction does not go along with the nature of some associations’ work which requires recruiting experts and technicians with relatively high salaries. This restriction also constitutes an unacceptable interference into the association’s management of resources in violation of the international standards guaranteed by the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
Article 5 confirms the previous amendment in accordance with the law by decree no. (6)/2011, which was at the time opposed by PCHR, and even adds some new arbitrary amendments. This Article made the liquidation of the association’s funds, if dissolved, within the competence of the Associations Department, which has the power to appoint a liquidator with a salary or to wind up the funds itself. Also, the Article prioritizes the public treasury when it comes to keeping the liquidation funds, constituting a serious issue as it encourages the arbitrary dissolution of associations in order to seize their funds. Thus, it conflicts with the associations’ independence and threatens their right to exist. Moreover, this issue may raise concerns among donors in terms of donating to certain associations for fear that their money will be referred to the public treasury, instead of spending it to achieve the goals they aim for.
Paragraph 2 of Article 6 is also very serious as it may be exploited to charge the associations with all the exaggerated supervisory costs that were imposed by the arbitrary practices and laws of the Ministry of Interior. The Article provides that the Cabinet will issue a decision to determine the fees for any new requests filed before the Ministry, if not included in the fees codified by the law.
The previous notes are the most prominent flaws in the law by decree no. 7/2021, taking in consideration that all the other articles along with the original law included restrictions that contravene the international standards and best practices. Instead of the Palestinian President’s issuing amendments to the original law in a way that agrees with the international standards and best practices, that we have always demanded, the President issued the unconstitutional law that is in violation of Palestine’s international obligations relevant to the right to the freedom of associations according to Article (22) of the International Covenant on Civil and Political Rights.
PCHR hereby calls upon the Palestinian President to repeal this law by decree, emphasizing that it will not hesitate in cooperation with its partners to take all steps at the international and national levels and resort to the International mechanism in order to annul this amendment.
