Ref: 41/2008

Date: 19 October 2008

PCHR Issues New Study on the Right to Freedom of Expression and the Right to Peaceful Assembly

On 15 October 2008, the Palestinian Center for Human Rights (PCHR) issued a new study titled “The Right to Freedom of Opinion and Expression, and Right to Peaceful Assembly.” This study is the seventh in a series of studies published by PCHR since the establishment of the Palestinian National Authority (PNA) on the theme of right to freedom of expression and peaceful assembly. This study assesses the situation of the right to freedom of expression and peaceful assembly from 1 November 2006 to 31 July 2008.

According to the study, the reporting period has been the worst with regard to violations against the right to freedom of expression and peaceful assembly since the establishment of the PNA in 1994. During this period, the most significant violations included: killing of journalists and media officers, kidnapping of journalists and threats to their lives, arrests, detentions and violently beatings of journalists, prevention of media coverage of certain events, the banning of distribution of newspapers, attacks against press officers, prevention of the organization of demonstrations and other peaceful public assemblies.

The study attributes the escalation of violations to two main factors. The first is the continuing security chaos in the OPT, and assaults against the rule of law. The most significant examples of this include the internal fighting and ongoing bloody political conflict between Fatah and Hamas, and the poor performance of the PNA. The poor performance of the PNA led to the emergence of different non-official parties and groups, some of which included members of the Palestinian Executive Authority, perpetrated violations and attacked the right to freedom of expression and the right to peaceful assembly, specifically with regard to journalists.

The second main factor contributing to the increase in attacks lies in the state of political fragmentation between the West Bank and the Gaza Strip that took place after Hamas takeover of the Gaza Strip in June 2007. Following the takeover, the governments in Gaza and Ramallah, together with their security service personnel, perpetrated violations against public freedoms, including the right to freedom of expression and the right to peaceful assembly.

The study concludes with a set of recommendations to the conflicting parties in the PNA. The most significant recommendation presented in the study is the call for the immediate launch of political dialogue between Fatah and Hamas, and other political factions. This political dialogue should be based on real partnership and respect for the results of the elections of 2006. The study concludes that the ongoing crisis is politically, not constitutionally or legally,      motivated.