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III) Legislative Policies and Their Impact on Human Rights
The PLC has been deficient for the last three years in a row due to the Israeli
occupation measures and ongoing political divide, lacking the quorum to
convene. This has adversely impacted on the role of the PLC in proposing and
ratifying laws and legislations which, in turn, influence the everyday aspects of
the Palestinians’ life and their rights and contribute to consolidating the
Palestinian legal system in the West Bank and the Gaza Strip. Moreover, the
paralysis of the PLC did not allow it to play its monitoring role over the
Government’s administrative and financial affairs and so impaired its ability for
holding it accountable by giving a vote of confidence or no confidence,
interrogating it or investigating the blatant contraventions and violations of
human rights which were committed during 2010. These violations include the
violation of the right to life and physical safety, subjection to torture and ill‐
treatment, political arbitrary detention, prosecuting civilians before military
courts, dismissal from public service, deprivation of occupying public positions,
infringement on press freedoms, restriction of basic rights such as the right to
establish associations and the right of movement and peaceful assembly. Due to
the ongoing divide and disruption of the work of the PLC, President Abbas issued
9 “laws by order” during 201015 based on Article 43 of the Palestinian Basic Law
which states that
“The President of the National Authority shall have the right in
exceptional cases, which cannot be delayed, and while the
Legislative Council is not in session to issue decisions and decrees
that have the power of law. However, the decisions issued shall be
presented to the Legislative Council in the first session convened
after their issuance; otherwise they will cease to have the power of
law. If these decisions were presented as mentioned above, but were
not approved, then they shall cease to have the power of law”.
Concerning the Gaza Strip, the MPs of the Reform and Change Bloc continued to
hold PLC’s sessions in the Gaza Strip based on the approach of a “proxy” which
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Decree (1) concerning the appointment of the Head of the Anti‐Corruption Committee.
Decree no (2), 2010 concerning the salary and financial rights of the Head of the Administrative and Financial Control Bureau.
Decree no (3), 2010 concerning the public budget for the fiscal year of 2010.
Decree no (4) of 2010 concerning prohibition of settlements products.
Decree number (5) of 2010 concerning amendment of the law of regular lawyers.
Decree (6) of 2010 concerning banks.
Decree (7) of 2010 concerning amendment of the law of illegal earning.
Decree (8) of 2010 concerning endorsement of appointing the Head of the Public Personnel Council
Decree (9) of 2010 concerning the Lands’ Authority.