Ref:
72/2010

The
Palestinian Centre for Human Rights (PCHR) is deeply concerned over the
decision taken by the Minister of Interior and National Security in Gaza concerning
civilians who have abstained from joining their jobs in the civil service
sector; these civilians have not taken up their positions as a result of the
internal Palestinian political division. The new decision of the Gaza
government prohibits these civilians from being affiliated to general
assemblies of charitable and civil society organizations. PCHR notes that this decision violates the
Palestinian Basic Law which guarantees civilians’ right to be affiliated to
charitable organizations. 

On
11 June 2010, Mr. Fathi Hammad, Minister of Interior and National Security in
Gaza, issued Decision no. 48/2010 Concerning
Civilians Abstaining from Joining Their Jobs inthe Civil Service Sector. Article 1 of the Decision stipulates that:
“All civil employees abstaining from joining their jobs in the civil
service sector shall be prohibited from being affiliated to general assemblies
of charitable and civil society organizations, or joining these organizations
as employees or as members of their boards of directors.” Article 2 of the same Decision provides that:
“The board of directors of any of the abovementioned organizations shall
not be approved if it includes a member who is an employee abstaining from
joining his/her job in the civil service sector.”

It
should also be noted that on 11 February 2010, Mr. Hammad issued Decision no.
17/2010, which prevents the employment of public sector employees in charitable
and civil society organizations.  Article
1 of this Decision stipulates that: “All the public sector employees shall
not allowed to occupy any job, paid or unpaid, during or after working hours
unless after obtaining a prior permit from his/her boss.”

In
view of this Decision, PCHR stresses the following:

1. The Palestinian Basic
Law of 2005 and its amendments explicitly guarantee the right of civilians,
including public sector employees, to form associations and unions. Article 26 of the Basic Law provides: “Palestinians shall have the right to
participate in political life, both individually and in groups.  They
shall have the following rights in particular: 1) To form, establish and join
political parties in accordance with the law. 2) To form and establish unions,
associations, societies, clubs and popular institutions in accordance with the
law….”

2. Article 67 (2) of the
Civil Service Law no. 4/2005 amending Law no. 4/1998 which organizes the
employment of civil employees of the Palestinian National Authority bans employees
to “occupy, personally or through a second party, another job besides
their job in the public sector.” This Article is applicable to the paid employment of public sector
employees in civil society and charitable organizations. However, the matter addressed in the Decision
of the Minister of Interior and National Security relates to unpaid voluntary
work, which is not prohibited by the law.

3. PCHR believes that
this Decision is politically motivated as it is addressed to “civilians
abstaining from joining their jobs in the civil service sector” in the
Gaza Strip. Abstaining from joining jobs
in the civil service sector is a consequence of the political fragmentation
between the two Palestinian governments in Gaza and Ramallah. PCHR has repeatedly warned the two parties to
the ongoing fragmentation against engaging civil service employees in the
ongoing conflict between them, and has called upon them to neutralize the work
of these employees. The Centre stresses that this Decision will have serious
consequences on the work of the civil society sector and will politicize this
work.  

4. PCHR emphasizes the
historical role played by the Palestinian charitable and civil society organizations
in serving the Palestinian cause since their establishment. 

5. PCHR demands that the
Ministry of Interior and National Security retract its decision, broaden the
scope of liberties of civil society organizations, and take necessary measures
to reinforce the independence of these organizations. 

——————————————-

Annexed herewith the decision issued by the Minister of Interior and
National Security. 

Palestinian National
Authority

Ministry of Interior
and National Security   

Decision
of the Minister of Interior and National Security No. 48/2010 Concerning Civil
Employees Abstaining from Joining Their Jobs

Having
reviewed the amended Basic Law of 2005,

Having
reviewed the Civil Service Law no. 4/1998 and its Executive Bill,

Having
Reviewed Law no. 8/2005 Concerning Service in the Palestinian Security Forces,

And
based on powers legally entrusted to us and in accordance with the requirements
of the public interest and the smooth progress of work,

Article 1:

All civil employees
abstaining from joining their jobs in the civil service sector shall be prohibited
from being affiliated to general assemblies of charitable and civil society
organizations, or joining these organizations as employees or as members of
their boards of directors.

Article 2:

The board of directors
of any of the abovementioned organizations shall not be approved if it includes
a member who is an employee abstaining from joining his/her job in the civil
service sector

Article 3:

All parties must
implement this Decision.

Article 4:

This Decision shall be
applicable on the date of its issuance and all other materials contradicting with
it shall be cancelled.