Musawa Center: The government’s decision regarding civil society organizations is illegal and must be stopped

The Palestinian Center for the Independence of the Legal Profession and the Judiciary called on the government to stop what it called the policy of narrowing civil space and dominating the independence of its institutions and performance. The Center's position came in rejection of the government's decision to oblige all employees of state institutions (civilian, military) not to join the administrative bodies of charitable organizations, civil society organizations, and non-profit companies, except after obtaining approval from the Council of Ministers based on the recommendation of the government department. The Center's statement added that the Council of Ministers' announcement on 9/11/2023 of its Resolution No. (09/221/18/MW/M.1) for the year 2023 violates the text of Article 22 of the aforementioned International Covenant and Article 26 of the Basic Law guaranteeing the right of the Palestinians. Individuals and groups, without discrimination, to participate in political life, including the right to form political parties, unions, associations, federations, associations, clubs, and popular institutions. The government decision is also considered inconsistent with the Civil Associations and Organizations Law, which clearly states that Palestinians have the right to freely practice social, cultural, professional, and scientific activity, including the right to form and manage civil associations, and with the legislation regulating companies, which did not include anything indicating the deprivation or prevention of state employees. From joining non-profit companies, and in violation of the text of Article 67 of the Civil Service Law No. 4 of 1998, which was devoid of the prohibition on a public office holder from joining associations, including their boards of directors, and ignoring the controls and restrictions imposed on the work of military personnel in accordance with Security Forces Law No. 8. of 2005, and also exceeds the powers of the Council of Ministers and its powers to follow up on the impleme ntation of laws, replacing the powers of the original legislator, the 'Legislative Council,' and expanding the scope of regulation to become a system of criminalization, prohibition, and restriction, ignoring the fact that the requirements of implementing the rule of non-conflict of interest are the decisive factor in regulating the relationshipThe government and its ministries prohibit associations, civil society organizations, and non-profit companies, and require that the ban or ban be limited to dual membership of ministers or those holding senior positions, especially in ministries related to the work of associations. The issuance of the Council of Ministers' decision coincided, according to the Center's statement, with the issuance of Circular No. 4 of 2023 regarding the programs and projects of local and foreign associations and bodies issued by the Director General of the General Administration of Public Affairs and Non-Governmental Organizations in Gaza on 9/18/2023, which includes obligating charit able societies and civil society organizations to By obtaining what he called the necessary approvals from the relevant government departments and in accordance with the deliberate mechanisms of those departments before implementing their programs and projects in the governorates of the Gaza Strip. The Palestinian Center for the Independence of the Legal Profession and Judiciary 'Musawa' considered that the aforementioned decision and circular are an expression of the policy of restricting civil space, a threat to the independence of civil society work, and a clear violation of the right to participate in political and public life guaranteed to all citizens without discrimination, which requires their immediate repeal in order to preserve and fulfill human rights. In compliance with the international obligations of the State of Palestine, stressing that the role and message that civil work carries represents a right and a duty at the same time, to ensure sustainable development, civil peace, and the embodime nt of the principle of the rule of law Source: Maan News Agency