78 The Independent Commission for Human Rights - ICHR 2.1.4 Right to freedom of opinion and expression 2.1.4.1 The variable in the national legal framework Further to the Presidential Decree No. 3 of 2021 on the Call for Holding Legislative, Presidential and National Council Elections,72 the Palestinian President promulgated Presidential Decree No. 5 of 2021 on the Promotion of Public Freedoms. The latter emphasised the prohibition of prosecution, custody, arrest, detention, and all forms of accountability outside the provisions of law for reasons connected to the freedom of opinion and political affiliation. Detainees, remand prisoners, and arrestees on grounds of opinion and political affiliation will be released.73 On 5 July 2021, the Palestinian Council of Ministers also passed the Decision No. 3 of 2021, which provided for repealing Article 22 of the Decision of the Council of Ministers on the Approval of the Code of Conduct for the Civil Service. This article guaranteed and regulated freedom of expression for civil servants.74 Contrary to what is required by knowledge of the legal system, Article 3 provides that the new decision would enter into effect as of the date of its promulgation, that is on 5 July 2021, rather than the date of publication. The newly enacted Council of Minister’s decision repeals a provision, which used to safeguard civil servants’ right to freedom of expression. Earlier, the Council of Ministers issued forth the decision approval the Code of Conduct for the Civil Service, placing restrictions on the freedom of expression and personal liberties of civil servants. Both decision constitute a violation of the freedom of expression enshrined in the Palestinian Basic Law. The latter only allows any constraints to be placed on freedom of expression by law and for the protection of other persons’ rights or a clear and well-defined public interest. Constraints may not wholly impede or render cumbersome the exercise of rights and freedoms. Also in conflict with the international conventions which the State of Palestine acceded to in 2014, the Council of Ministers’ decisions on the Code of Conduct for the Civil Service have turned a deaf ear to these standards.75 2.1.4.2 Violations of the right to freedom of opinion and expression Compared to 86 (58 in the West Bank and 28 in the Gaza Strip) in 2020, the ICHR received 70 complaints, including 56 in the West Bank and 14 in Gaza, on violations of the right to freedom of opinion and expression in 2021. These involved 89 claims of breaches of this right. Of note is the decrease in the number of complaints in the West Bank and Gaza Strip by a total of two and 14 respectively. 72 73 74 75 The national elections was put off by a presidential decree until procedural requirements are fulfilled throughout the Palestinian territory. See Presidential Decree No. 12 of 2021 on the Postponement of General Elections, Palestinian Official Gazette, Issue 179, p. 31, 26 May 2021. Palestinian Official Gazette, Issue 181, p. 22, 27 July 2021. Palestinian Official Gazette, Issue 181, p. 41, 27 July 2021. ICHR. Press release on the freedom of expression for civil servants, 2 August 2021. The Situation of Human Rights in Palestine