102 The Independent Commission for Human Rights - ICHR 2.1.8 Right to political participation (Right to vote and the right to stand for election) 2.1.8.1 Legal variable of the right to political participation Promulgated in 2007, the Law by Decree on General Elections was amended by the Law by Decree No. 1 of 2021. Principal issues addressed by this the amending regulation include: − Introducing the notion of a second round of elections between the top two candidates running for the office of President of the State of Palestine, when the percentage of votes for each does not exceed the absolute majority of valid votes. − Increasing the proportional participation of women in electoral lists from 20 to 25 percent. However, this development still falls short of the proportion first demanded by human rights groups, namely, 30 percent until such time a broader participation is maintained. − Making more complex the exercise of citizens’ right to run for president or membership of the PLC. Additional conditions are set for resignation from current positions, together with the submission of evidence for the acceptance of resignations. To enable the largest number of citizens to exercise their right to vote and the right to stand for election, the ICHR demanded that amendments introduced by the law by decree to the electoral system include the following: − Reduce the age limit for candidates running for PLC membership, which the law by decree sets at 28 years, to 23 years of age and minimise the age limit for candidate running for president from 40 to 30 years. − Amend Article 8 of the law by decree, which significantly expands the conditions for standing for (presidential and legislative) elections and require that each candidate submit and attach the letter of resignation from their employment to their application for nomination. The ICHR is of the view that the number of persons obliged to submit their resignations for nomination be reduced. Resignations will be in effect if they win the election and take over as PLC members as a matter of fact, not just for standing for election. − Reduce the amount of the financial fee, which electoral lists must pay and submit as a non-refundable financial insurance in accordance with Article 49 of the law by decree together with the candidature, from US$ 10,000 to US$ 5,000. This amount should be refundable in all cases. − Adjust women’s representation in legislative elections from 26 percent of candidates on electoral lists, as approved by the law by decree of 2021 which amended Article 5 of the 2007 Law by Decree on General Elections, to 30 percent of members on electoral lists. The quota was already approved by resolutions of the PLO Palestinian National Council (PNC) in 2015. At the beginning of 2021, a law by decree was passed,96 providing for putting off the elections of syndicates, trade unions, and popular organisations. Several months later, the law by decree was repealed. 96 Law by Decree No. 9 of 2021 on the Postponement of the Elections of Syndicates, Trade Unions and Popular Organisations, Issue 177, Palestinian Official Gazette, p. 25, 18 March 2021; Law by Decree No. 17 of 2021 on Suspension of the Enforcement of the Law by Decree No. 9 of 2021, Issue 179, Official Gazette, 26 May 2021. The Situation of Human Rights in Palestine