2.1.4 Right to freedom of movement Compared to 35 in 2017, the ICHR received 30 complaints on violations of citizens’ right to freedom of movement, including 10 in the West Bank and 20 in the Gaza Strip. Three patterns of abuses of the right to freedom of movement emerged: (1) preventing citizens from obtaining passports; (2) unwarranted or politically motivated ban on travel; and (3) restricting the freedom of citizens to travel by withholding their ID cards. The government did not take any new measures or procedures to protect the right to freedom of movement. Also, the ICHR did not receive any replies from government bodies on the policies and measures implemented to ensure the right to freedom of travel. To safeguard the right to freedom of movement, the ICHR reiterates its recommendations of previous annual reports. The ICHR stresses the need that the National Consensus Government should always keep the opening of Rafah Crossing from political rivalries. The government needs to reach an agreement with the Egyptian government to put an end to citizens’ suffering at the Rafah Crossing, preserving Palestinian passengers’ dignity and maintaining their right to freedom of movement. The Ramallah-based MoI needs to suspend application of the security vetting procedure as a prerequisite to issue passports to Gaza residents. With the absence of proper court decisions, all unwarranted cases of deprivation of passports on security grounds should come to an end. The Ministry should ensure that the Gaza population’s needs are met, including an easy access to passports in a reasonably timely fashion. The MoI should issue instructions to security agencies and any other bodies to refrain from withholding citizens’ ID cards for any reason whatsoever. Serving as a personal identification document, an ID card is needed to ensure the right to freedom of movement and fulfil both public and private interests. The President of the State of Palestine and Council of Ministers need to issue instructions, obliging security agencies to suspend unwarranted or politically triggered travel bans. Citizens should also be empowered to exercise their legally enshrined right to freedom of movement and travel. 2.1.5 Right to freedom of opinion and expression On 29 April 2018, the aforesaid Law by Decree No. 10 of 2018 on Cybercrime was promulgated, but was never amended. Restrictions placed on freedom of the press by Law on Printed Materials and Publication No. 9 of 1995 have not been rescinded no amended. The Jordanian Penal Law No. 16 of 1960, in force in the West Bank, and Palestinian Penal Law No. 74 of 1936, effective in the Gaza Strip, similarly impose extensive restrictions on the right to freedom of opinion and expression. These also feature a broad scope of incrimination and curtailment of the right to criticism, using vague and loosely defined Executive Summary 2018 19

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