associated with the complex of courts in the El-Bireh city on 12 March 2017.9
In relation to administrative and criminal accountability mechanisms, it
was noted that security agencies did not adequately respond to the ICHR
correspondence.
The ICHR documented two major encroachments on the right to freedom of
peaceful assembly in the West Bank and Gaza Strip. On 13 June 2018, security
personnel and individuals in plain clothes, some of whom were not members of
security agencies, attacked violently peaceful demonstrators, who demanded
that sanctions and actions taken against the Gaza Strip be suspended. On
the next day, supported by civilian persons, Gaza-based security agencies
assaulted demonstrators, who participated in a peaceful assembly in Al-Saraya
Square in the Gaza Strip. Calling for putting an end to the internal Palestinian
political divide, the demonstration was organised at the invitation of the
Commission of Prisoners and Released Prisoners. Severe violence was used to
disperse demonstrators.
The ICHR recommends that legislative bodies align national regulations
and bylaws governing the right to freedom of peaceful assembly with the
international conventions, which the State of Palestine acceded to. Security
agencies and the MoI should comply with the provisions of the Law No. 12 of
1998 on Public Meetings. In their capacity as the legally authorised bodies, the
Public Prosecution and Judicial Authority should immediately investigate any
incident involving an abuse of the right to freedom of peaceful assembly in
the State of Palestine. Investigation results will be publicly announced. Those
persons found to have engaged in encroachments on participants in peaceful
assemblies or used excessive force contrary to relevant instructions should be
held to account.
2.1.7 Right to freedom of association
In 2018, 24 applications were submitted to register associations in the Gaza
Strip. While 22 were approved, two applications were rejected. The MoI
9
At the direction of President Mahmoud Abbas, and in reference of the decision of Prime Minister
and Minister of Interior Dr. Rami Hamdallah, dated 12 March 2017, an investigation committee was
set up to establish the facts of the events that took place on Sunday, 12 March 2017, in El-Bireh and
Bethlehem cities. Membership on the committee included Undersecretary of the MoI, ICHR Director
General, and Chairman of the Palestinian Bar Association (PBA) as a representative of the PBA. Following
consultations with the ICHR and PBA, the committee was established under general terms of reference.
Not bound to any specific procedures, the committee was granted independence and was immune to
influence exerted by any party. The investigation committee released its report on 26 March 2017. The
committee’s report also presented a set of recommendations: The Bylaw of the Law on Public Meetings
of 1998 should be reviewed. An immediate and clear circular should be issued forth to all security
personnel to respect journalists in the field, showing how to deal with and facilitate the tasks of media
representatives. Security personnel may not assault journalists. Comprising representatives of the MoI,
ICHR, PJS and PBA, a committee should be established to draft and submit these instructions to the
Minister of Interior for approval.
Executive Summary 2018
21