Status of Human Rights in Palestine
such elections will have a great impact creating a favorable environment
and setting up the atmosphere to end the political divide on the ground,
and hold presidential and legislative general elections. The legislative
authorities should review the legal amendment made to the law concerning
the election of the local councils in 2017 and complete amending of the
other legal provisions, in a manner to honor the constitutional human rights
stipulated in the Basic Law, such as the right to equality before the law and
the judiciary, the right to run for elections and to elect, and the right to
resort to the judiciary.
2.1.8.2 The Right to Hold Public Office
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Variables on the national legal framework in 2017 directly affected the
status of public office, represented in the Decree-Law No. 1 of 2017
concerning Amendment of the Civil Service Law No. 4 of 1998 as amended
and the Decree-Law No. 11 of 2017 concerning to right to conduct a strike
by public servants4, which is ensured by the Basic Law. For example
without limitation, strike of public servants was banned, especially in the
critical and executive facilities which are related to health, media, justice,
presidency, and Cabinet5. The Decree-Law allows the Cabinet or any entity
affected by the strike to resort to the High Court of Justice to suspend the
strike. The Decree-Law also regulated the litigation proceedings in this
respect.
The Civil Service Law continued excluding employment in top posts from
the conditions of competition and announcement and from subjecting
them to the promotion and evaluation conditions and procedures which are
applied on the remaining public servants in all other job grades. For such
top posts, the hiring, promotion, and evaluation conditions and procedures
were not regulated on the basis of merit, equal opportunities, and nondiscrimination, like all other employees.
4
The Palestinian amended Basic Law ensured the right to conduct a strike, under Article (25/4)
which states that “The right to conduct a strike shall be exercised within the limits of the law”
5
Article (4) of the Decree-Law bans strike by health professionals, except administrative
personnel, the personnel of the presidency, Cabinet, Palestinian Broadcasting Corporation, the
judiciary, and Prosecution).
23rd Annual Report 1 January - 31 December 2017