confirms that registration is mostly rejected for technical reasons, mainly due to
incomplete registration documents. The MoI data also indicate that the Ministry
dissolved three associations in 2018 because respective members violated the
associations’ bylaws.10 On the other hand, the ICHR received one complaint in
the West Bank, claiming that the MoI denied approval for incorporating the
Jam’iyyat Tamkeen [Tamkeen Association], a charitable association dedicated
for the empowerment of persons with disabilities in society. According to the
MoI, some members of the Association were not approved for security reasons.
Associations continued to be subjected to security vetting – a measure which
is not provided for by the Law on Charitable Associations and Civil Society
Organisations and its bylaw. This procedure is also in conflict with the Council
of Ministers’ Decision on Suspension of the Security Clearance Requirement
as well as the ruling of the High Court of Justice on the 2012 case of civil
servants, which considered that the security clearance requirement violated
the Basic Law. In addition, external remittance transfers issued by associations
continued to be subject to approval by the MoI. According to the Ministry,
remittances from abroad did not require prior approval. This was not the case
with non-profit companies, including human rights organisations in the Gaza
Strip. Funding of the latter continued to be subject to approval by the Council
of Ministers, posing a severe restriction on the right to freedom of association.
According to the Special Rapporteur on Human Rights Defenders, access to
funding is an intrinsic element of the right to freedom of association and free
functioning of civil society organisations.
To realise the right to freedom of association, the ICHR reiterates
recommendations of its 23rd Annual Report. Of these, Article 4 of the Council of
Ministers’ Decision No. 8 of 2015 on the Amending Regulation of the Regulation
on Non-profit Companies should be revoked. This provision subjects funding
of non-profit companies, including civil society organisations, to prior approval
of the Council of Ministers. The MoI should suspend security clearance as a
requirement for registering charitable associations. This unlawful requirement
places unjustified restrictions on the right to freedom of association.
2.1.8 Right to political participation and to hold public office
The General Personnel Council (GPC) developed and approved performance
appraisal forms for employees of the higher category, including for
undersecretaries, assistant undersecretaries, and directors general.11 A manual
was also compiled for the performance appraisal of these categories. On the
10 ICHR researcher interview with Mr. Mustafa al-Agha, Deputy Director General of the MoI
Nongovernmental Organisations Department, Gaza, 22 January 2019.
11 See Decision No. 2 of 2018 on the Approval of Performance Appraisal Forms for Employees of the Higher
Category (Undersecretaries, Assistant Undersecretaries and Directors General), Palestinian Official
Gazette, Issue 145, Palestinian Official Gazette, 26 July 2018.
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The Status of Human Rights in Palestine