96
The Independent Commission for Human Rights - ICHR
Societies for rehabilitation of people with disabilities
The ICHR received seven complaints from seven societies dedicated to rehabilitating persons with disabilities, including in Rafah, Deir al-Balah, Al-Maghazi, Nuseirat, Ash-Shati’, and Jabalya. Complainants reported
that, in 1991, these societies established a coordinating committee to coordinate common positions, opinions,
and activities, as well as to network with other associations. This was called Coordinating Committee for
Community Rehabilitation Centres.89 On 3 December 2020, the Gaza-based MoI filed a complaint to the Attorney General, claiming that the Coordinating Committee had not obtained a licence to carry out its activities.
The Committee contacted and made clear to the MoI that it was just a coordinating committee and neither had
a main office nor an separate financial account. The Committee did not perform any independent activities in
its juridical capacity. It was formed with a view to unifying positions and opinions. It was not an independent
body or entity. On 9 November 2021, charging instruments were instituted against the Committee members.
Subpoenas were delivered to appear before the Gaza Conciliation Court on grounds of the Committee’s failure
to receive a licence to exercise relevant activities.
Of note, the ICHR monitored the complaint, communicated with many relevant bodies, and held
several meetings with the MoI. It was agreed that the MoI waive the case. Indeed, the waiver was
submitted to the court, but the defence lawyer reported that the case had been settled by the Public
Prosecution through penal mediation by conciliation. Each defendant was fined an amount of ILS
250.
The fact that the Gaza-based MoI dissolved the Coordinating Committee for Community Rehabilitation Centres and filed a complaint to the Public Prosecution against relevant members is in breach
of the freedom of social, cultural, professional, and scientific activity. This right is safeguarded by
Article 26(2) of the Palestinian Basic Law and Article 1 of the Law on Charitable Associations and
Civil Society Organisations No. 1 of 2000. It places restrictions on the exercise of activities and
achievement of objectives, adversely reflecting on vital services delivered by those CSOs to persons with disabilities. The affected societies used to target these persons through the Coordinating
Committee.
On 25 August 2021, the ICHR monitored a case, involving a Gaza-based Palestinian bank that froze
the bank accounts of 84 CSOs, all operating in the Gaza Strip. The bank demanded that these CSOs
regularise their positions at the MoI in Ramallah. Twelve (12) organisations did so and had their
bank accounts reactivated. On the other hand, the accounts of 72 CSOs continued to be frozen because they were not able to regularise their situation at the said Ministry.
In the Gaza Strip, a number of associations instituted cases before Gaza administrative courts, initiating adversary proceedings against a Palestinian bank. Claimants received a summary ruling to restore their bank accounts suspend the freezing of their CSO accounts pending a final decision on the
merits of the case. These cases continue to be heard before administrative courts in the Gaza Strip.90
Also, In addition, remittance transfers issued by non-profit companies, including human rights organisations in the Gaza Strip, continued to be subject to prior approval by the Council of Ministers,
posing a severe restriction on the right to freedom of association. According to the Special Rapporteur on the situation of human rights defenders, access to funding is an intrinsic element of the right
89
The Coordinating Committee for Community Rehabilitation Centres, including the Jabalya Rehabilitation Society, Palestinian Association for
Rehabilitation of the Disabled, Nuseirat Rehabilitation and Social Training Association, Al-Bureij Society for Community Rehabilitation, AlMaghazi Society for Community Rehabilitation, Deir al-Balah Rehabilitation Society, and El-Amal Rehabilitation Society.
90
Interview with Mr. Ayman Ayesh, op. cit.
The Situation of Human Rights in Palestine
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