The Independent Commission for Human Rights - ICHR 105 The CEC refused to register a list, allegedly because it contradicted the law because some candidates were registered in LGUs other than those where they ran for election. The ICHR is aware that this and similar cases might have generated from an anomaly in the law. The Commission is of the view that this issue must have been governed by a consideration of the spirit of the law. A review may not transgress Palestinian citizens’ constitutional right to vote and right to stand for election in the first place. Procedures that prevent encroachment on others’ rights will be in place. However, should sidestepping the legal process not resulted in an abuse of others’ rights, but indeed help to realise universal rights enshrined in the Palestinian Basic Law, the spirit of law would require that cases not to be deprived of standing for election. The ICHR received a complaint from an electoral list running for the Kafr Ni’ma municipal council, Ramallah. A candidate on the list did not fulfil legal conditions. The list complained that it was not accredited by the CEC, reporting that the CEC could have ruled out the member will illegal membership and accredited the electoral list. It argued that, from a legal point of view, ruling out the candidate in question would not affect the size and composition of the list. In spite of ICHR interventions, the CEC considered otherwise. Consequently, the electoral list initiated a challenge before the Election Cases Court, which ruled for admitting the challenge and excluding the candidate with illegal membership. The list was accredited, then. Of 13 challenges filed during the nomination phase, this was the only one admitted by the Election Cases Court.101 On the other hand, during the nomination phase, the ICHR received a limited number of complaints on some LGUs, which refused to issue clearance certificates to voters, who intended to run for elections. At the time, the ICHR made clear that this condition is required by law. One cannot ask that the law be breached unless it violates a human right, particularly the right to run for election. At the same time, the ICHR called for application along a human right-based approach to equality and non-discrimination, enshrined in international conventions and covenants and ensured by the Palestinian Basic Law. In this context, according to complaints and documentation, standards principles were not used in the issuance of clearance certificates. A citizen was required to pay all liabilities to a LGU, including utility bills and building permits. By contrast, other LGUs did grant clearance certificates without stipulating the payment of building permit fees. • Infractions during electoral campaigns Electoral campaigning continued beyond the legally prescribed period. Some verbal disputes took place between electoral lists. Still, according to complaints and observations, the ICHR did not perceive that these irregularities contributed significantly to changing the outcome of the elections or selecting persons against the will of voters. Having reviewed the campaign material of some candidates, it appeared that some electoral lists did not display the photographs of female candidates. Posts showed the photos of male candidates only. This conduct was clearly in violation of global rights to equality and non-discrimination on the basis of gender. Besides accession to the Convention on the Elimination of All Forms of Discrimination against Women, the State of Palestine has in place a constitutional provision which enshrines this right. This should be reflected in all national policies and legislation, including electoral regulations, procedures, instructions, and practices. Additionally, this conduct implies a clear breach of codes of professional conduct and charters of 101 A similar case recurred with a candidate list running for the El-Bireh Municipality elections in 2017. Twenty Seventh Annual Report 2021