Ref: 37/2013

On Wednesday, 22 May 2013, The
Palestinian Centre for Human Rights (PCHR) organized a seminar entitled “Impact
of Palestinian Division on the Role of Associations and Their Legal Organization”
in the meeting hall of Commodore Hotel in Gaza City.  This seminar was organized in light of the
report issued by PCHR recently entitled “Impact of Palestinian Division on the Role
of Associations and Their Legal Organization.” 
It is the third report of its kind to be issued by PCHR under the ongoing
Palestinian political split.

This seminar aimed at shedding light on
the negative impact of the Palestinian division on the associations’ legal
organization and their role in democratization. 
It also showed models of abusive practices, which are in violation of
law, carried out by both Ministries of Interior in the West Bank and Gaza Strip
against the associations through presenting the latest study issued by PCHR in
May 2013 bearing the same title of the seminar.

Mr. Hamdi Shaqqura, PCHR’s Deputy
Director for Program Affairs, opened the seminar.  He stressed that the division has left devastating
impacts on all aspects of life in the occupied Palestinian territory (oPt), and
that the human rights situation has unprecedentedly deteriorated over the past
seven years.  Mr. Shaqqura added that the
Palestinian division impacted the right to form associations and that civil
society organizations were pushed into the authority conflict.  He also pointed that both governments (in
Ramallah and Gaza) took a series of measures and enacted legislations that restricted
the civil work and restricted the already narrowed space available for these
associations in violation of law.

In his intervention, Mr. Mohammed Abu
Hashem, a human rights researcher in PCHR, presented the study issued by
PCHR.  He talked about the main issues
addressed by the study which are: the role of associations in the
democratization process and how division has disrupted this role; international
standards governing the right to form associations; and legal organization of
the right to form associations before and after the division.  This report also addresses practices carried
out by both Ministries of Interior in the West Bank and Gaza Strip through
legal and objective criticism and analysis. 
Abu Hashem also presented a number of recommendations mentioned in the
report; the most prominent of which are: the need to abolish all legislations
issued in light of the division; giving power of registering associations to
the Ministry of Justice instead of Ministry of Interior; and forming an
independent panel comprised of representatives of the civil society and
ministries to take deal with the associations’ affairs.  Abu Hashem called on the civil society to
resort to the judiciary and human rights organizations in the event of any
violation.

In his presentation, Mr. Mohammed
Ghoneim, Director of Public Affairs in the Ministry of Interior in Gaza, replies
to the content of the PCHR’s report.  He
pointed out that the picture is not as bleak as it is described in the report
emphasizing that his ministry acts in accordance with the Law of Charitable
Associations and Community Organizations No. (1) of 2000, including its right
to supervise the work of NGOs.  He added
that there is no country in the world that does not supervise the work of
NGOs.  Ghoneim was surprised that some
associations seek to apply for permission or authorization from the Ministry of
Interior to carry out specific activities without the ministry asking them to.

Mr. Mohsen Abu Ramadan, Chairman of the
Board of Directors of the NGO Network – Gaza, spoke about the historical role
played by NGOs in challenging Israeli practices and promoting Palestinians’
steadfastness on their homeland.  He
stressed that this role requires the State to give more space for the civil
work to complete this role.  Abu Ramadan emphasized
that both governments in Ramallah and Gaza differ in everything, but in putting
restrictions on civilians’ public freedoms as both of them worked after the division
on reducing the space of freedom for the civil work.  This affects the nature and role these
associations, including their role in challenging and resisting Israeli
practices and protecting the Palestinian dignity.  Abu Ramadan also addressed a number of
measures taken by both governments to limit the freedom of civil work pointing
to the decision made by the Interior Minister in Gaza no. 48/2010, which prevents
the civil employees who abstained from joining their jobs in the public service
sector, from joining NGOs, even as volunteers.

At the end of the seminar, discussion was
allowed, and the participants stressed the necessity to promote the right to
form associations.  The speakers answered
several questions raised by the audience.