98 The Independent Commission for Human Rights - ICHR 2.1.7 Right to hold public office on the basis of equal opportunity 2.1.7.1 Number and geographical distribution of complaints The ICHR received 180 complaints on the right to hold public office, including 121 in the West Bank and 59 in the Gaza Strip. These complaints broke down by gender to 56 filed by females and by disability to 27 by disabled persons. The latter comprised five complaints in the West Bank and 22 in the Gaza Strip. Compared to 2020, the number of complaints increased in 2021. In the previous year, the ICHR received 129 complaints on violations of the right to hold public office, including 92 in the West Bank and 37 in the Gaza Strip. Of these, 14 complaints were filed by females. The rise in complaints mainly has its roots in the return to normalcy and reduced COVID-19 measures. Notably, accounting for 13 percent of all complaints, female complaints also climbed due to consequences of the COVID-19 outbreak in 2020, downsizing of posts, and termination of many temporary contracts. 2.1.7.2 Violations of the right to hold public office 2.1.7.2.1 Continued suspension or deduction of the Gaza-based salaries of civil servants, political prisoners, and released political prisoners In the Gaza Strip, since January 2019, the ICHR has monitored ongoing suspension or deduction of the salaries of civil servants who “failed to report to work”, political prisoners, and released political prisoners. Monthly allowances of the families of martyrs and injured citizens have also been suspended. In this context, legal requirements stipulated by the Civil Service Law and other relevant regulations were not in place. These make clear the mechanisms and procedures required for suspending salaries and financial allowances of affected groups. The Council of Ministers’ decision made on 4 April 2017 continued to be in effect. The decision provides for deducting 30-50 percent from the salaries of Gaza-based civil servants. Deductions are based on the disbursement of the basic salaries of civil servants in the Gaza Strip, excluding career and other allowances. The legal basis according to which the decision had been made was not provided.91 In addition to failure to pay civil servants’ salaries in Gaza on a regular basis, ongoing violations triggered by enforcement of the decision on salary deductions implies a discriminatory treatment among civil servants. Only limited to civil servants in the Gaza Strip, rather than in the West Bank, the decision has adverse consequences on human rights, which must be enjoyed by civil servants and their families. These consequence are as far-reaching as to affect broad social and economic sectors. 2.1.7.2.2 Breaching the principle of fair competition in recruitment The ICHR received 54 complaints against infringements of the principle of fair competition in recruitment, including 34 in the West Bank and 20 in the Gaza Strip. Also in Gaza, 19 complaints were filed by persons with disabilities, claiming that the principle of fair competition in recruitment was violated. A competitive entry requirement for employment in the civil service may be challenged by some violations, including discrimination in holding public office for various considerations, such as discrimination on grounds of political affiliation, disability, or right to freedom of opinion and expression. These are all in conflict with the Palestinian Basic Law and Civil Service Law. 91 See ICHR 26th Annual Report, Right to hold public office. The Situation of Human Rights in Palestine