134
A) Dissolution and Interference in the Management of Associations
Article (22) of the Associations Law No (1) of 2000 states
“1. In the event that the Governing Council could not convene
because of resignation or death, the remainder of the Council’s
members, as a temporary committee, shall undertake the Council's
responsibilities for a maximum interim period of one month during
which the Association’s General Assembly shall be invited to select a
new council. 2. In the event of collective resignation of the Interim
Committee or its failure to carry out its functions, the Minister shall
appoint a new Interim Committee from among the members of the
Association’s General Assembly that shall assume the responsibilities
of the management body for a maximum period of one month,
during which the General Assembly shall be invited to convene for
the selection of a new council”.
ICHR obtained information which demonstrates that the Ministry of the Interior
had indeed appointed (5) interim committees to a number of organizations in
2010. ICHR also observed that the appointment had in some cases not been
made in accordance with the law since interim committees were appointed to
some associations for no apparent reason. Their management boards were
already functioning at the time and had not been affected by the death or
resignation of its members, a matter which clearly indicates that the Ministry of
the Interior had violated the provisions of Article (22) of the Associations Law by
168
appointing committees external to the general assemblies .
Examples include the continued appointment of a temporary committee to
manage Beit Ummar Orphans Care Association, despite the judicial decision
issued by the Palestinian High Court of Justice on 08/07/2009, according to which
168
Article (37) of the Charitable Associations Law states "an association shall be dissolved in the event
that: (a) the general assembly decides to dissolve the Association, a matter that needs to be brought
immediately to the attention of the Ministry, (b) the association fails to commence its operations within
the first year of its date of registration or licensing, unless the inactivity is caused by circumstances
beyond the control of the Association. In this case, the registration is repealed after the association
receives a written warning in advance. (c) It is proven that the association had committed a substantive
violation of its bylaws, and failed to rectify them within three months of the date of receipt of notification
to that effect by the Minister or the Department”.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات