Ref: 26/2006
Date: 21 June 2006
Proceedings of the First Session on the Conference on “The New Palestinian Government and the Human Rights Agenda”
Dr. Muda Qissis, Director of the Law Institute at Bir Zeit University, headed the first session of the conference in the section on civil and political rights. The session included three interventions, while Mr. Said Siam, Minister of Interior and National Security, apologized for attending the session due emergent circumstances.
Dr. Abdul Rahman Bsaisu, a cultural critic, presented an intervention titled “The Right to Security and Personal Integrity: Towards Ending Security Chaos and Attacks against the Rule of Law,” in which he emphasized that realizing the right to security and personal integrity is connected to the need to end the state of security chaos and attacks against the rule of law. He pointed out that the Universal Declaration of Human Rights ensures the right of each person to live in dignity as a foundation for liberty, justice and safety. He called for establishing mechanisms to realize these rights.
Mr. Bsaisu further indicated that incidents recorded by organizations working towards law enforcement in areas controlled by the Palestinian National Authority lead to a conclusion that this social environment is at the verge of security chaos, which may diminish any hope for security and stability. He added that increasing violence and aggression threaten peace, and may even threat the Palestinian existence project due to the absence of law in the street. Mr. Bsaisu highlighted aspects of security chaos, including the proliferation of weapons; the culture of violence, aggression, crimes and taking the law in ones’ hands; weapons trade and smuggling; arming certain parties and families by security services, political factions and influential persons; and the judicial duality between the official and tribal judiciaries.
Mr. Mohammed Dahman, Director of Democracy and Workers’ Rights Center in Gaza, submitted an intervention titled “The Right to Peaceful Assembly: The Executive Bill of the Public Meetings Law (12) of 1998,” in which he asserted that this law, when it was enacted, was a model for granting freedoms and respecting the right to peaceful assembly. He emphasized that civil society organizations, including human rights ones, highly appreciated the Palestinian Legislative Council for enacting this law, and called for drafting an executive bill for the law. Nevertheless, Mr. Dahman, asserted, human rights organization were surprised by a declaration by the then chief of police, Major General Ghazi al-Jabali, prohibiting public gatherings without his prior approval, although the law obligates those who organize public gatherings only to inform the governor and chief of police in their respectful governorates 48 hours prior to the public gatherings.
Mr. Dahman argued that the essence of the problem lies in the implementation of laws, which are a model for respect for human rights, as the implementation is obstructed by decisions taken by ministers or executive bills.
Dr. Abdul Rahman Abu al-Nasser, Professor of Law at al-Azhar University and former Head of Palestine Bar Association, submitted an intervention on “The Right to Free Association: Attempts to Constrain Work of NGOs,” in which he emphasized the right of Palestinians to political participation as ensured by the Basic Law. This right was translated into the Law on NGOs and Charitable Societies of 2000. This law, Mr. Abu al-Nasser argued, is applicable to all NGOs and charitable societies and does not discriminate among them. It protects active professional unions.
Mr. Abu al-Nasser further asserted that laws are sometimes apparently good, but when we go through them, we find many negatives. This law, Mr. Abu al-Nasser argued, prescribes that the ministry of interior is the body which is responsible for the regulating activities of associations, and if it does not respond to an application to form an association in two months, the association can be established. He believed that this provision is void as no association can carry out any activity without a license.
Mr. Said Siam, Minster of Interior and National Security, was supposed to talk about the government’s vision concerning outstanding issues, but he apologized due emergent circumstances.
At the end of the first session, its head opened the door for discussion.
