The Independent Commission for Human Rights - ICHR
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to freedom of association and free functioning of civil society organisations. The Special Rapporteur emphasised that access to funding is key to enjoying the right to freedom of association. In a
framework of ongoing democratic reforms in several countries across the world and of discussions
related to the Millennium Development Goals Agenda 2030, the Special Rapporteur believes States
have the obligation to facilitate, not restrict, access for associations to funding, including from foreign sources, so that they can effectively take part in the democratic process and enrich post-Millennium Development Goals talks, and ultimately contribute to development.
In the context of monitoring the complaints above, the ICHR received replies from the Ramallah-based MoI, stating that responses from the relevant security agencies were not provided to the
Ministry. Additionally, the MoI could not review CSOs’ administrative and financial reports due to
the COVID-19 pandemic and reduced working hours.
From the viewpoint of the ICHR, The foregoing presentation of restrictions on the right to freedom
of association shows that not only have violations continued, but attempts were also made to further
exacerbate them. While more constraints were in place, no actions were taken to facilitate freedom
to form and establish associations.
Recommendations
•
The Law by Decree No. 7 of 2021 Amending the Law on Charitable Associations and Civil Society Organisations No. 1 of 2000 must be fully repealed and deemed to be of no effect.
•
The MoI needs to implementing the security clearance condition when it deals with associations.
As a discriminatory practice, security clearance places restrictions on citizens’ right to join charitable associations.
•
The Decision of the Minister of Interior No. 48 of 2010 on Civil Servants who Fail to Report
to Work should be reversed. Legal criteria and guarantees of the right to freedom of association
will be maintained.
•
The Palestine Monetary Authority (PMA) will play its assigned role in supervising and empowering associations to access active bank accounts. The PMA will instruct banks operating in the
Gaza Strip to facilitate bank account opening procedures.
The ICHR also reiterates recommendations of its 26th Annual Report as no measures or actions have
been taken address or put an end to violations of the right to freedom of association:
•
Tasks assigned to the Ramallah-Based MoI in relation to associations and CSOs need to be revisited. Further restrictions place on CSO activities in the West Bank and Gaza Strip also need
to be under review.
•
Article 4 of the Council of Ministers’ Decision No. 8 of 2015 on the Amending Regulation of
the Regulation on Non-profit Companies needs to be revoked. This provision subjects funding
of non-profit companies, including civil society organisations, to prior approval of the Council
of Ministers. It affects the free functioning of these organisations without interference by the
Executive branch of government.
Twenty Seventh Annual Report 2021