The Independent Commission for Human Rights - ICHR 103 2.1.8.2 The variable in the actual exercise of the right to political participation 2.1.8.2.1 The variable in general elections97 On 15 January 2021, the President of the State of Palestine announced that legislative elections would be set for 22 May 2021 and presidential and Palestinian National Council (PNC) for 31 July 2021. However, the President soon cancelled these elections on 30 April 2021 after registration and nomination procedures for the PLC elections had already been finalised. The ICHR considered the decision to be in violation of the right to political participation in presidential and legislative elections, which had been overdue for 11 years. The ICHR expressed regret and called on the Palestinian President to set a new date for the general elections. Elections should not be left unscheduled.98 Since the decree scheduling general and PNC elections was passed in January, the ICHR worked towards playing its role in observing all phases of elections, particularly registration and nomination, before the process was cancelled.99 2.1.8.2.1 The variable in local elections On 6 September 2021, the Council of Ministers passed a decision, setting 11 December 2021 for local elections across Area C of the territory of the State of Palestine. Local elections engaged 376 LGUs, all located in the West Bank governorates. According to the Council of Ministers decision of 27 September 2021, LGU members in Areas A and B as well as in the Gaza Strip, comprising some 70 percent of the Palestinian population, would be elected on 26 March 2022. Since it was established, the ICHR has served as an observer of the electoral process. This role is part and parcel of the ICHR duty of controlling the fulfilment of the rights, especially the right to political participation in accordance with the 1993 United Nations Principles relating to the Status of National Institutions (Paris Principles). It is also in tandem with the provisions of Article 58 of the Law on the Election of Local Government Units, which provides that “[o]bservers and agents of electoral lists shall have the right to observe all phases of the election process.” Along this vein, the ICHR monitors the realisation of human rights in general, and right to political participation in particular. 97 98 99 For more information on procedures implemented for the postponed general elections, see CEC. Report on the (Postponed) General Elections 2021. Palestine: CEC, 2021. See ICHR. ICHR calls for keeping momentum of the elections, maintaining national reconciliation efforts, and upholding public rights and freedoms, 1 May 2021. As part of its efforts, the Preparatory and Logistic Committee for Election Observation accredited the ICHR as a local observation body. In February 2021, the ICHR was accredited by the CEC, which supervises the electoral process, as an election observer. In this context, 42 observers of the ICHR staff were registered to carry out formal election observation. Membership on the Civil Coalition for Election Support and Observation: In January 2021, the ICHR joined that Civil Coalition for Election Support and Observation (a cluster of civil society organisations accredited by the CEC). Serving as a secretary of the Coalition, the ICHR participated in dozens of meetings and joined the Coalition’s WhatsApp group, which monitored and provided timely handling of many observations and infractions in various phases of the electoral process. MoU with the CEC. In February 2021, the ICHR and Civil Coalition for Election Support and Observation signed a MoU with the CEC with the aim of strengthening and facilitating cooperation between both parties and contributing to enhancing public confidence in exercising the right to vote and right to stand for elections. Together with civil society groups, the IHCR released several statements on completed phases of the election process, particularly registration and candidature. ICHR Election Observer Taskforce: The ICHR establish an e-taskforce of ICHR observers on WhatsApp. This documented observations, analysis, and irregularities in different phases of the electoral process. In addition to submitting periodic reports, ICHR observers took part in many meetings and training events delivered by the CEC. Complaints and documentation: Since the presidential decree setting the date of legislative, presidential and PNC elections was passed, the ICHR received 10 complaints on issues of standing for election and voting. These included relocation of some registration centres, threats of candidates, and opening fire on the homes of candidates. The Arab Guidance Manual on Election Observation: The ICHR reviewed the 2020 Arab Guidance Manual on Election Observation of the Arab Network of National Human Rights Institutions, with a particular focus on the ideal mechanism for election observation provided by Arab national human rights institutions. Twenty Seventh Annual Report 2021