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not been rescinded no amended.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
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