Press Release

PCHR publishes a new study on Freedom of Expression and Peaceful Assembly

Ref: 99/99

Date: 4 October 1999

The Palestinian Centre for Human Rights has published a new study entitled “ The Right to Freedom of Expression and the Right to Peaceful Assembly under the PNA Administration: the case of Gaza Strip (May 1994 to December 1998)”.

The study is divided into three basic parts, as follows.

The first part introduces the reader to the internationally accepted standards of the right to freedom of expression and the right to peaceful assembly.

The second part of the study introduces the legal framework for the practice of the right to freedom of expression and peaceful assembly by Palestinians under the different authorities of the Palestinian people from the Ottoman empire until the era of the Israeli occupation.

The third part of the study focuses on the practice of these rights under the PNA administration. This part focuses on the Gaza Strip in the period between May 1994 and December 1998, the period between the establishment of the PNA and the end of 1998, as a case study. Within this context the study analyses the laws and regulations adopted by the PNA in this regard. In addition, it attempts to document and analyse PNA violations of these rights during the period.

In its historical analysis of the Palestinian people’s enjoyment of these rights, the study notes the absence of a legal heritage which would enhance and enable the practice of the right to freedom of expression and of peaceful assembly within the PNA area. The study attempts to explain this absence due to the historical Palestinian subordination to different occupation forces. These occupation forces adopted laws and regulations designed to suppress Palestinian hopes and demands, through the suppression of freedom, including the freedom of expression and peaceful assembly.

The study adds that the establishment of the PNA in 1994 engendered hopes for the possibility that the Palestinian people would finally enjoy their basic rights, particularly the right to freedom of expression and to peaceful assembly. Such hopes increased as the Palestinian leadership adopted the slogans of building a democratic state and enhancing the values of political pluralism and human rights. But the practice of the PNA leadership was not persuasive.

The study focuses on the violations by the PNA against citizens exercising thesis rights throughout the period of investigation (May 1994 to December 1998). The study concludes that these violations have led to the practice of self-censuring by Palestinian citizens in general, and by Palestinian journalists in particular. Journalists have become uncertain about every article or news item they publish. The overall outcome of such a situation is the deterioration of the level of enjoyment of these rights by citizens and the failure to enhance these rights as part of the political culture.

In an attempt to contribute to the solution of this crisis, the study develops some recommendations to improve the Palestinian people’s enjoyment and practice of these rights. These include the reassessment of the current regulations and laws that organise the practice of these rights. The Palestinian Legislative Council, must determine to what extent these regulation and laws are in accordance with the relevant international standards. Furthermore, the study recommends efforts to improve knowledge and awareness of these rights amongst the different sectors in the society, particularly the law enforcement officials.

The study is available in the Centre, and any one interested may obtain a copy by contacting:

 

Palestinian Centre for Human Rights

Tel/Fax: (+) 9727 2824776/2823725

E-mail: [email protected]