29 joining charitable associations or CSOs.12 In relation to the variable in the legal framework of the right to freedom of association, on 1 August 2022, the Council of Ministers promulgated the Regulation No. 26 of 2022 on Fundraising for Social and Charitable Purposes. The regulation is premised on the provisions of Article 40 of the CSO Law and Article 9 of the 2003 Bylaw. These prescribe that the associations and CSOs, which provide special professional services, must apply professional registration instructions set forth by competent line ministries. Having reviewed of the regulation, the ICHR finds out that the Regulation is in breach of the referenced law. The CSO Law does not require that CSOs obtain any permissions for fundraising. It only stipulates that the competent ministry be notified of the activities and capacities of the association or CSO in question. The Regulation prohibits foreign associations, or their branch offices operating in Palestine, from raising funds or receiving assistance from any local person or entity from within the State. This condition is not provided by the CSO Law does not include such a prohibition, nor does it place any particular restriction on fundraising. The Regulation places constraints on associations and CSOs through detailed and overboard procedures for authorisation or applicable requirements and conditions for fundraising. This runs counter to the opinion of the Special Rapporteur on the rights to freedom of peaceful assembly and of association regarding the right to form and join associations. As part of legal variables, on 15 August 2022, the Regulation on Non-profit Companies No. 20 of 2022 was enacted.13 The NPC Regulation is premised on the provisions of Article 29(2) of the Company Law by Decree No. 42 of 2021, which provides that NPCs are a special type of companies. While they do not aim for profit, NPCs take the form of private shareholding companies.14 Together with many CSOs, the ICHR published a position paper, expressing rejection of the NPC Regulation and demanding that it be repealed at once. It is in breach of the Basic Law, CSO Law, and international standards which safeguard the right to freedom of association.15 The ICHR is of the view that the NPC Regulation is impaired by extensive impingements and abuses of rights enshrined in the Palestinian Basic Law and CSO Law. It highlights a continued attitude of scepticism and domination of CSOs, undermining freedom of activity and oversight role. Against this backdrop, the ICHR recommends that the Council of Ministers repeal 12 See Decision of the Minister of Interior in Gaza No. 48 of 2010 on Civil Servants Failing to be on Duty. 13 Published in the Palestinian Official Gazette, 27 September 2022. 14 See Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, Human Rights Council, Twentieth session, 21 May 2021, available at: https://documents-ddsny.un.org/doc/UNDOC/GEN/G12/135/86/PDF/G1213586.pdf?OpenElement. 15 See Press release on the position of CSOs, rejecting the Palestinian Council of Ministers’ decision on NPCs, available at: https://shorturl.at/CJZ39. Executive Summary 2022