other hand, conditions for the appointment, promotion and evaluation of the
higher categories of civil servants continued to be unregulated on a meritbased, equitable and non-discriminatory basis, whereby all categories of civil
servants would be included.
The Council of Ministers’ decision made on 4 April 2017 continued to in effect.
The decision provides for deducting 30-50 percent from the salaries of Gazabased civil servants. According to the ICHR monitoring, these deductions were
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.12
According to the ICHR monitoring, in May 2018, the Ministry of Finance (MoF)
deducted 50 percent of the salaries of prisoners and released prisoners in
the Gaza Strip. This was in the context of measures taken by the Palestinian
government against all Gaza-based civil servants. The ICHR also received
nine complaints on violations of the principle of fair competition in the West
Bank. Civilians complained of breaching the principle of fair competition in
recruitment. No such complaints were filed in the Gaza Strip. Additionally,
the ICHR received 168 complaints (142 in the West Bank and 26 in the Gaza
Strip) on administrative disputes, involving promotions, pensions and financial
benefits. While those filed in the Gaza Strip were addressed against the MoF,
the majority of complaints in the West Bank were lodged against the Ministry
of Education and Higher Education (MoEHE) and MoH. The ICHR received
16 complaints (12 in the West Bank and four in the Gaza Strip) on arbitrary
dismissal from civil service in disregard of the legal norms on the suspension,
dismissal or removal of civil servants. Of those filed, seven complaints claimed
noncompliance with the legal process of suspending, dismissing or removing
civil servants.
In 2017, the National Consensus Government established an administrative
committee to adjust the status of the Gaza-based civil servants. The committee
was an outcome of the latest national reconciliation agreement, which
entered into effect after Hamas had dissolved its Administrative Committee
on 17 September 2017. In addition to supervising the judicial system, Hamas’
committee was in charge of regulating civil service, civil administrative
apparatus, security forces, employees of the higher category, and officers with
senior military ranks.
The ICHR recommends that the Council of Ministers stop using its powers in
a way that impinges on citizens’ rights and freedoms. It should comply with
applicable legal standards in the approval of government policies relating
to the salaries of civil servants, prisoners and released prisoners in the Gaza
Strip. These must be grounded in equality and non-discrimination. The Law
12 See ICHR 23rd Annual Report, Violations of the right to hold public office.
Executive Summary 2018
23