84 The Independent Commission for Human Rights - ICHR 2.1.5 Right to peaceful assembly 2.1.5.1 The variable in the national legal framework On 5 March 20202, the Palestinian President promulgated a presidential decree, declaring the state of emergency throughout the Palestinian territory for a period of 30 days to counter the threat and prevent the outbreak of COVID-19.79 In reference of this decree, the Council of Ministers enacted Decision No. 1 of 2020 “Emergency”. Article 6 of the Decision prohibited “[a]ny manifestations of crowding, gathering, celebrations, demonstrations and strikes shall be banned throughout the territory of the State of Palestine.”80 As a consequence, restrictions have been placed on the right to peaceful assembly. Renewed on a monthly basis, the state of emergency continues to be in force throughout the Palestinian territory. 2.1.5.2 Violations of the right to peaceful assembly In the West Bank, competent authorities have dealt with peaceful assemblies on the basis of Article 6 of the Council of Ministers’ Decision No. 1 of 2020 “Emergency”, which provides for prohibiting all forms of gathering. In this context, decisions on the state of emergency, including presidential decrees and Council of Ministers’ decisions, are not applicable to the Gaza Strip. On the other end, the Gaza-based de facto authority did not issue forth any written decisions on how to deal with peaceful assemblies during the COVID-19 pandemic. Hence, there was no major change in the way the Gaza authorities dealt with the right to peaceful assembly. 2.1.5.3 Number and geographical distribution of complaints The ICHR received 40 complaints on abuses of the right to peaceful assembly, including 35 in the West Bank and five in the Gaza Strip. Compared to Northern Gaza in the Gaza Strip, the majority of complaints received by the ICHR in the West Bank generated from the Ramallah and El-Bireh governorate. In the West Bank, complaints concentrated in Ramallah and El-Bireh due to the political weight its bears. Main premises of civilian and security establishments of both the PA and Palestine Liberation Organisation (PLO) are housed in this governorate. All the more so, Ramallah and El-Bireh is a favoured venue for political and social movements to organise peaceful assemblies. In addition to the existence of local and international media outlets, Ramallah and El-Bireh is geographically located in central West Bank, allowing organisers to mobilise a large number of participants. Above all, the main cause of peaceful assemblies is primarily of a political character, representing public issues that are not exclusive to a particular governorate. The fact that peaceful assemblies are concentrated in Ramallah and El-Bireh does not necessarily mean that demands are limited to this governorate per se. In Gaza, peaceful assemblies are particularly focused in the Northern Gaza governorate might be because the Gaza city is the large urban centre in the Gaza Strip. Northern Gaza’s geographical location and political weight also plays a role in attracting peaceful assemblies. Additionally, complaints received by the ICHR in 2021 were mainly filed by owners of vendor stalls in flea markets across the Gaza city. 79 80 Decree No. 1 of 2020 on the Declaration of the State of Emergency, Palestinian Official Gazette, Issue 165, p. 13, 19 March 2020. Decision of the Council of Ministers No. 1 of 2020 “Emergency”, Palestinian Official Gazette, Extraordinary Issue 21, p. 6, 25 March 2020. The Situation of Human Rights in Palestine