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The purpose of the declaration and extension of the state of emergency is to
“counter the threat and prevent the outbreak of COVID-19.” Nonetheless, ICHR
monitoring demonstrates that the measures and actions prescribed by ministerial
decisions in relation to the state of emergency placed restrictions on the right to
peaceful assembly. In particular, the Council of Ministers’ Decision No. 1 of 2020
“Emergency” constituted a violation of this right.11 Government bodies addressed
by the law governing this right were already committed to the relevant health
protocols of the Ministry of Health (MoH).
Based on ICHR monitoring, relevant government bodies did not make any policies
or take any new measures or actions to protect the right to peaceful assembly
during the declared state of emergency. In the Gaza Strip, relevant authorities
continue to place restrictions on indoor public meetings, stipulating that
organisers obtain a prior permission. Verbal orders are issued to owners of halls
not to reserve any rooms unless organisers receive a prior permission. The Law
on Public Meetings does not require that any permissions or authorisations be
obtained when an indoor meeting is held.
The ICHR reiterates recurrent recommendations submitted in its annual reports
on the human rights situation. The ICHR further submits a set of specific
recommendations to protect, promote and provide accountability for violations
of the right to freedom of peaceful assembly. Legislative bodies need to align
national regulations and bylaws governing the right to peaceful assembly, with
the international instruments, particularly the ICCPR, which the State of Palestine
signed and expressed commitment to. All provisions under the penal laws in force
in the West Bank and Gaza Strip, which contravene the right to peaceful assembly,
must be either amended or repealed. Security agencies and the MoI need to
comply with the provisions of the Law No. 12 of 1998 on Public Meetings, which
exclusively authorises the Police agency to deal with public meetings. It should be
emphasised that security personnel in plain clothes will be prohibited from carry
out operational missions in the context of dispersing peaceful assemblies. In the
Gaza Strip, security agencies should abide by the provisions of the Law No. 12 of
1998 on Public Meetings.
2.1.6 Right to freedom of association
Multiple violations affected the right to freedom of association. These involved
refusal to register and approve boards of CSOs based on the security clearance
condition and constraints on freedom to form and establish associations and
intensive security monitoring of CSO activities. Based on the Decision of the
Minister of Interior in Gaza No. 48 of 2010 on Civil Servants Failing to be on Duty,
all civil servants, who failed to report to work, continued to be prevented from
11 Article 6 of the Council of Ministers’ Decision of 2020 “Emergency” forbade “[a]ny manifestations of
crowding, gathering, celebrations, demonstrations and strikes shall be banned throughout the territory
of the State of Palestine.”
The Status of Human Rights in Palestine