Ref: 50/2007

Date: 03 July 2007

Time: 11:30 GMT

PCHR Reiterates Its Call for Keeping Palestinian Society out of the Current Political Crisis

PCHR is gravely concerned over the administrative measures being taken by the Ministry of Interior in the Palestinian emergency enforcement government against NGOs following a decree issues by Palestinian President Mahmoud Abbas two weeks ago regarding licenses of NGOs. PCHR reiterates its call for President Mahmoud Abbas to reconsider this decree, and stop subsequent administrative measures which constitute a prelude to crack down on civil society organizations, which are legally registered, with the aim of closing them or restricting their activities in the context of the state of emergency in the Occupied Palestinian Territory.

On 20 June 2007, President Mahmoud Abbas issued a decree regarding civil society organizations. The decree was based on the state of emergency declared by President Abbas on 14 June 2007. Under the decree, the Palestinian Minister of Interior is granted “the authority to review all licenses of associations and organizations issued by the Ministry of Interior or any other governmental body.” It also grants the Minister of Interior or any person delegated by the Minister the power to “take any steps deemed necessary against associations and organizations with the intent of closure, rectification, or any other action.” The decree further provides that “all organizations and associations must submit new registration applications within a week, and all these who violate this directive are subject to legal action.”

PCHR has strongly criticized this decree, considering that it constitutes a serious violation of the right to establish associations, which is a basic human right ensured by the Amended Basic Law of 2003. In addition, the presidential decree is liable to bring about additional restrictions on civil society organizations other than those set in the Law of Benevolent Associations and Civil Society Organizations, enacted by the Palestinian National Authority (PNA) in 2000.

On 24 June 2007, PCHR sent a letter to Palestinian President Mahmoud Abbas calling upon him to reconsider this decree out of concerns that it may add restrictions on civil society organizations, or lead to the closure of some of them in the context of the current state of emergency. PCHR also called upon President Abbas to respect and guarantee the constitutional right to establish associations in all circumstances, to keep the Palestinian civil society out of the current crisis and to maintain the independence of civil society organizations.  

Nevertheless, subsequent developments indicate that the emergency enforcement government is moving forward in imposing additional restrictions on civil society organizations. On Monday, 2 July 2007, Mr. Ameen Maqboul, Undersecretary of the Ministry of Interior demanded civil society organizations and charities to rectify their legal status in no more than one week, in accordance of the aforementioned presidential decree. Mr. Maqboul further demanded civil society organizations and charities, which are already registered at the Ministry of Interior, to apply for a document signed by the Undersecretary to reactivate their bank accounts, and to fill in a special data form designed by the Ministry and bring it back in one week. Additionally, he demanded charities in the West Bank, which were registered by the Ministry in Gaza “to apply for new registration in one week to fulfill the requirements to rectify their status in accordance with the law, otherwise, they shall be considered in contrast with the law.” He further added that they “must apply for new registration in one week to be considered by the Ministry, otherwise, they shall be considered dissolved according to the law.

In light of this situation, PCHR:

1)      Believes that the new administrative measures taken by the Ministry of Interior in the emergency enforcement government demonstrates a determination to undermine the right to establish associations;

2)      Reiterates its call for keeping civil society out of the current crisis, preserving the independence of civil society, and ensuring the continuity of civil society’s work.

3)      Stresses the importance of the role played by the civil society in the current crisis, especially in the provision of humanitarian, relief, medical and other services to the civilian population.