Wednesday 10 April

The Palestinian Network of Non-governmental Organizations (PNGO), Al-Dameer Association for Human Rights (Al-Dameer), Al-Mezan Centre for Human Rights (Al-Mezan), the Palestinian Centre for Human Rights (PCHR) call on the government in the Gaza Strip to end the application of Education Law 1/2013 in the Gaza Strip. They also call upon the Change and Reform Bloc to stop enacting legislation in place of the Palestinian Legislative Council, as such legislation serves to institutionalise the political division between the Gaza Strip and the West Bank.

On 31 March 2013, the Ministry of Education in the Gaza Strip declared, during a press conference in al-Karmel School, that it would begin applying the Education Law 1/2013. This law was approved by the Change and Reform Bloc, which is affiliated to the Hamas movement, in a session held in the place of the Palestinian Legislative Council on 26 December 2012. In addition, the law was published in al-Waqa’e official gazette in the Gaza Strip on 17 February 2013, which means that the law came into force on 16 March 2013.

PNGO and the undersigned human rights organisations believe that the enactment of legislation by the Change and Reform Bloc in the Gaza Strip in place of the Palestinian Legislative Council, as well as the issuance of Presidential Decrees with the power of law in the West Bank, undermines the efforts exerted
towards building a unified Palestinian legal system. Following its establishment in 1994, the Palestinian Authority (PA) took great measures to achieve a unified Palestinian legal system. Since the political division began in 2007, Palestinian human rights organisations have been concerned by various
measures which threaten to establish two divergent legal systems in the Gaza Strip and the West Bank.

PNGO, Al-Dameer, Al Mezan and PCHR understand the importance of enacting new education legislation to keep pace with the latest developments and the role of education in the development of nations. However, the issuance of new decisions to be applied specifically in the Gaza Strip, but not in the West Bank, poses a threat to educational development in the occupied Palestinian territory in general, and has a detrimental impact on Palestinian unity and identity. Despite years of political division, basic educational standards have been maintained, especially at the high school level with the common “Tawjihi”. However, the implementation of separate legislation challenges the maintenance
of these common standards.

The new law consists of a number of administrative regulations relating to aspects which fall under the competence of the educational administration. The regulations provide for gender segregation in schools and the establishment of female-only schools which do not employ male teachers. This law eliminates
parental freedom to choose the moral and religious education of their children by selecting non-governmental schools, as these schools are obliged to abide by the minimum standards of education imposed by the government itself.

PNGO, Al-Dameer, Al-Mezan, and PCHR are concerned that this new law is part of a greater context in which the government aims to impose a specific ideology and identity in the Gaza Strip which does not respect ideological and cultural diversity in the Palestinian community. The undersigned organisations emphasise the need for Palestinian legislation to take into consideration the ideological and cultural diversity of the Palestinian community, and to respect the letter and the spirit of the Palestinian Basic Law, which should form the basis of all new laws.

Therefore, PNGO, Al-Dameer, Al-Mezan, and PCHR:

1. Call upon the government and Palestinian Legislative Council in the Gaza Strip to repeal Education Law 1/2013 and to guarantee the freedom of private schools to choose the administration of their schools, in
accordance with the customary standards that have been applied since the establishment of the PA;

2. Call upon the Change and Reform Bloc to end the policy of enacting legislation in place of the Palestinian Legislative Council in the context of fait accompli in Gaza;

3. Call upon President Mahmoud Abbas to stop issuing unnecessary decisions that have the power of law in light of the political division; and

4. Highlight the need for the Palestinian Legislative Council to fully convene in order to resolve the dilemma facing the legislature since the political division began.

Palestinian Network of Non-governmental Organizations

Al-Dameer Association for Human Rights

Al-Mezan Centre for Human Rights

Palestinian Centre for Human Rights