Ref: 74/2010

The Palestinian Center for Human Rights (PCHR) is gravely
concerned over the approval by the Change and Reform Bloc in the Palestinian
Legislative Council (PLC) in Gaza (Hamas movement’s bloc), which holds its
sessions on behalf of the PLC, of the bill of Independent Commission for Human
Rights (ICHR) in the second reading. PCHR believes that this approval is a step towards controlling ICHR by
law, particularly after a tense relationship between ICHR and the government in
Gaza on the ground of ICHR’s stances and decisions, as the government had
accused it of being bias to the government in Ramallah. PCHR reiterates its stance calling for
stopping enactment of new legislations under the current state of
fragmentation, and believes that these legislations are not necessary. They are part of the state of fragmentation
and serve political and factional agendas, which further enhance division. As a result, they should be put on the agenda
of the Palestinian national dialogue, aiming at abolishing them as they are
part of the state of fragmentation, or reconsider them by the legislative authority
when it reconvenes.

It should be noted that ICHR had been established by a
Presidential decree issued by the late Palestinian President, Yasser Arafat, on
30 September 1993. Later, the
establishment decree was published in the official gazette of the Palestinian
National Authority (PNA) “al-Waqae'” under # 59 of 1995. Article 31 of the Palestinian basic law states
that, “ICHR shall be established by law, and the law defines its formation,
mission, and competence. Its reports
shall be presented to the President of the PNA and the PLC.” However, to date, the PLC has not enacted the
law of ICHR.”

In light of the above and under the state of tension between
the government in Gaza and ICHR, the Change and Reform Bloc in the PLC carried
out measures to approve the ICHR’s bill, as it was approved in the first
reading on 12 august 2010. In its
session held yesterday in Gaza, the PLC approved the ICHR’s bill in the second
reading; the majority of members agreed on 19 articles, which include
definition, establishment, goals, missions, administration, budget, resources,
and final and transitional provisions of ICHR.

According to procedures of PLC, article 70 of the PLC’s
by-law stipulates that, “Once the bill is approved in the third reading or
after two weeks from its approval in the second reading, the speaker refers the
bill to the President of PNA to be issued, and it should be published in the
official newspaper.” Under article
71, the President shall issue the law after one month of referring it to him by
the PLC, unless he does not make any comments or amendments. Otherwise, it shall be issued and published
in the official gazette. In light of the
previous positions, it is expected that the Change and Reform Bloc on behalf of
the PLC in Gaza will issue the ICHR’s law without referring it to the President
of PNA, Mahmoud ‘Abbas, as it does not recognize him. As a result, the law will be published in the
“al-Waqae'” newspaper in Gaza, where two official newspapers of PNA
are available in Gaza and Ramallah.

PCHR reiterates its position regarding issuing legislations
in both Ramallah and Gaza under the current state of fragmentation through a
position paper issued in June 2009 titled, “PCHR has
Reservations about Regulations Adopted in the Context of Ongoing Political
Fragmentation.” PCHR
expressed its reservations about all legislations issued by PNA under the
current state of fragmentation, whether the ones issued by the Change and
Reform Bloc in Gaza on behalf of PLC, or decrees that have the power of laws issued
by the Palestinian President, Mahmoud ‘Abbas, in the West Bank claiming the
absence of PLC.