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With regard to legal variables, on 25 May 2022, the Law by Decree No. 24 of 2022
Amending the Civil Service Law No. 4 of 1998 as amended.16 Article 76(6) of the
original Law was amended so as to cover both maternity and paternity leave.
Article 88 was also amended so as to provide for granting the father three-day
leave with full pay to be with his wife at the time of delivery. This will not be
deducted from the annual leave.
The ICHR emphasises that the GPC should comply with applicable legal standards
with a view to empowering PWDs to access and exercise their safeguarded right
to hold public office in line with the legally prescribed quota. The GPC needs to
put in place criteria for the employment of PWDs, particularly those with visual
impairment. The GPC will also develop means, models, and structures of new
posts in consistence with the needs and capacities of PWDs, particularly those with
visual impairment. The PPA and Council of Ministers need to avoid discrimination
in the payment of due pensions to relevant beneficiaries. The Council of Ministers
needs to revoke the decision on early retirement of the Gaza-based civil services.
In addition to violating the Civil Service Law, the decision negatively affects a large
number of civil servants.
2.1.8 Right to freedom of movement
The right to freedom of movement is violated by travel bans issued by security
agencies without a court order, abstention by the MoI from issuing passports, and
withholding of ID cards or passports by security agencies.
The ICHR received 13 complaints from citizens, who reported that Palestinian
security agencies placed them under travel bans without a court order in both
the West Bank and Gaza Strip. In the Gaza Strip, the ICHR received 42 complaints
on the Ramallah-based MoI abstention from issuing or renewing passports. Since
2007, the MoI has refrained from issuing or renewing passports for residents of the
Gaza Strip before approval is obtained from security agencies. The ICHR received
eight complaints on the withholding of ID cards and passports in the West Bank
and Gaza Strip.
The ICHR was in contact with agencies that violated citizens’ right to movement
by ban on travel or revocation of ID cards. Most often, these agencies respond
favourably to the ICHR correspondence. Recently, citizens have been allowed
to pass border crossings and travel, albeit after unjustified delays. The ICHR also
sends letter to the West Bank-based MoI, inquiring about issuance or renewal of
passports to Gazans. In some cases, citizens managed to obtain travel documents.
The ICHR stresses the need that passports be issued and renewed for the Gaza
population as soon as practicable. Security agencies and Public Prosecute need
to cease preventing citizens from travelling via border crossing. Other than those
entered by courts, any decisions on travel bans must be revoked.
16 Published in Issue 191, Palestinian Official Gazette, p. 12.
Executive Summary 2022