The Independent Commission for Human Rights - ICHR 91 1.1.6 Right to freedom of association This subsection monitors the status of the right to freedom of association in Palestine in 2021. It reviews variables in the legal framework for the right to freedom of association, restrictions on the establishment of associations and civil society organisations (CSOs), and how these exercised their activities, received and disbursed funds. 2.1.6.1 Legal variable On 28 February 2021, the Law by Decree No. 7 of 2021 Amending the Law on Charitable Associations and Civil Society Organisations No. 1 of 2000 (CSO Law) was promulgated. Amending Articles 13, 30, 33, 39, and 40 of the original Law, the law by decree placed unjustified and unnecessary new restrictions on the exercise of activities by CSOs. In clear contravention to their natural sphere of action and raison d’être in the public space, the enactment turned CSOs into mere departments that should report to competent line ministries of the Executive. Providing oversight of the performance of public institutions, CSOs are partners in the national development, policy- and decision-making processes. CSOs are supposed to assume their roles and responsibilities in complete freedom and independence. Apart from CSOs’ visions, missions, and objectives, the law by decree obliged CSOs to have their annual plans of action in consistence with that of the competent ministry. It also stipulated that financial reports submitted by CSOs to the competent ministry include detailed data and indicators in relation to the impact of projects and activities carried out during the fiscal year in question. This would turn the competent ministry into a judge of CSO activities, outcomes, and impact without any clearly defined criteria or principles. The amending law by decree encroached on CSOs’ independence and right freely to pursue their activities free from any intervention or interference in their affairs. To this avail, it allowed unjustified interference with operational and financial affairs of CSOs. In disregard of the a CSO’s nature of operations, Article 3 of the law by decree provided for setting a maximum limit of staff salaries and operating expenses by 25 percent of total annual budget. If applied in practice, this provision would culminate in the closure of many CSOs, with hundreds of people losing their jobs. The law by decree placed constraints on the financing sources of charitable associations and civil society groups. To this avail, it vested the Council of Ministers with the power to issue forth a regulation, which would set the terms and conditions of unconditional assistance and fund raising by those groups covered by provisions of the regulation. This constituted a gross violation of constitutional mandate rules, which require that such aspects be governed by laws enacted by the parliament and based on a lawful and necessary interest. Regulations may not impede or render the exercise of rights and freedoms cumbersome or hard. The ICHR released a position paper, expressing rejection of the Law by Decree No. 7 of 2021 Amending the Law on Charitable Associations and Civil Society Organisations. The regulation violates the right to form and establish unions, associations, societies, clubs, and popular institutions, enshrined in Article 26 of the Basic Law. The ICHR emphasised the law by decree defied the role of civil society groups, undermined civil society action in a manner that was unprecedented, and hampered the national reconciliation and election efforts. The ICHR demanded that the said law by decree by repealed and declared as null and void.83 Many CSOs also took a stance against the law by decree amending the CSO Law, demanding it be repealed immediately. The enactment constituted a flagrant breach of the Basic Law, CSO Law, and 83 See ICHR. Amending the charitable societies and non-governmental organizations law, available at: https://www.ichr.ps/en/statements/3776. html. Twenty Seventh Annual Report 2021