The Independent Commission for Human Rights - ICHR
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approved, severely curtailing the right to form and join associations. Seven complaints were filed
against the Gaza-based MoI, which dissolved the Coordinating Committee for Community Rehabilitation Centres in refugee camps throughout the Gaza Strip. Affecting seven CSOs, the MoI decision
referred respective board members to the Public Prosecution.
Brilliant Tomorrow for Homes Sons Society, Khan Yunis
Established in 2003, the Society pursues social, development, and cultural goals. Board elections are held
periodically and regularly every three years. In coordination with the MoI offices in Gaza and Ramallah,
financial and administrative reports are prepared on an annual basis In March 2020, the board decided to
replace a board member with another in accordance with applicable rules. The Society reported to the MoI
that the board had decided to replace the treasurer with another member of the board. On 15 December 2020,
the Society was informed that the new board had not been approved due to an objection by the MoI Security
Committee to a board member. Because he had been a former employee of the PA, that member was not entitled to continue to be a member on the Society’s board. It was reported to the Ministry that the board member
in question had retired in 2017 and had ever since been the board chairman. He did not encounter any problem
at the time. On 21 December 2020, the Society was notified that the Internal Security agency had rejected the
request for accreditation, without stating any reasons. The Society made countless attempts and interventions
to accredit its new board, but it could not. On 25 February 2021, the Society filed an administrative complaint
to the MoI Undersecretary. On 7 March 2021, the Society was informed that the MoI had refused to approve
accreditation of the new board.
The MoI refusal to accredit the Brilliant Tomorrow for Homes Sons Society, Khan Yunis, is based
on a decision made by the Minister of Interior in Gaza. Accordingly, all civil servants, who failed
to report to work, are prevented from joining charitable associations or CSOs. These cannot be employed by, nor be board members of, CSOs,88 severely curtailing the right to form and join associations. Mostly premised on political affiliation, these restrictions result in the exclusion of particular
civilians from carrying out activities within charitable associations. It is in contravention of Article
26 of the Palestinian Basic Law and Article 2 of the Bylaw No. 9 of 2003 of the Law on Charitable
Associations and Civil Society Organisations. The former provides that every Palestinian has the
right to form and establish unions, associations, societies, clubs and popular institutions in accordance with the law. According to the latter, the personality or affiliations of founding members may
not be cited as a reason to imposed any restrictions or obstacles to the incorporation of CSOs. Also,
enforcement of the provisions of the bylaw may not disrupt or obstruct CSO registration or deprive
CSOs of exercising the rights enshrined in the laws in effect.
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Decision of the Minister of Interior in Gaza No. 48 of 2010 on Civil Servants Failing to be on Duty.
Twenty Seventh Annual Report 2021