90 The Independent Commission for Human Rights - ICHR of the right to peaceful assembly. In the Gaza Strip, the ICHR did not receive any replies from relevant criminal accountability actors on the number of security personnel, who were held accountable for committing abuses of the right to peaceful assembly. Recommendations In the light of the above, the ICHR stresses that the government needs to uphold citizens’ right to peaceful assembly during the state of emergency as a right enshrined in Palestinian Basic Law. It is also a fundamental human rights, on which restrictions can be imposed only to the extent absolutely necessary to achieve the stated purposes of the declaration of the state of emergency.82 The ICHR reiterates recurrent recommendations submitted in its annual reports on the human rights situation. The ICHR further submits a set of specific recommendations to protect, promote and provide accountability for violations of the right to freedom of peaceful assembly: • Legislative bodies need to align national regulations and bylaws governing the right to peaceful assembly, with the international instruments, particularly the ICCPR, which the State of Palestine signed and expressed commitment to. All provisions under the penal laws in force in the West Bank and Gaza Strip, which contravene the right to peaceful assembly, must be either amended or repealed. • Security agencies and the MoI need to comply with the provisions of the Law No. 12 of 1998 on Public Meetings, which exclusively authorises the Police agency to deal with public meetings. It should be emphasised that security personnel in plain clothes will be prohibited from carry out operational missions in the context of dispersing peaceful assemblies. • In the Gaza Strip, security agencies should abide by the provisions of the Law No. 12 of 1998 on Public Meetings. Security personnel should cease to intervene in the organisation of indoor public meetings. • In their capacity as legally authorised bodies, the Public Prosecution and Judicial Authority need to immediately investigate any incident involving an abuse of the right to peaceful assembly in the State of Palestine. Investigation results will be made publicly available. Those persons found to have engaged in assaulting participants in peaceful assemblies or used excessive force contrary to relevant instructions should be held to account. 82 Article 21 of the ICCPR provides that “[t]he right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary […]” Article 4(1) of the Covenant further prescribes: “In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.” The Situation of Human Rights in Palestine