PCHR Seriously Concerned by the Closure of 103 NGO’s

PCHR is extremely concerned by the decision taken by the Interior Minister in the Palestinian Government in Ramallah to dissolve 103 benevolent associations and non-governmental organizations alleging administrative, financial, or legal violations. The Centre fears that this step is taken within the context of recent restrictions placed on civil society to undermine its role and restrict its work under the “State of Emergency” declared on 14 June 2007 in the OPT.

The Prime Minister in Ramallah, Dr. Salam Fayyad, stated on Tuesday, 28 August 2007, that his government has decided to dissolve 103 non-governmental organizations in the OPT for “committing legal, administrative, or financial violations of Law No. 1 of the Year 2000 on Benevolent Societies and Non-Governmental Institutions.” Fayyad asked the beneficiaries of these organizations to head to the Ministry of Social Affairs in his government to state their needs.

It is noted that on 20 June 2007, President Mahmoud Abbas issued a Presidential Decree stipulating that all non-governmental organizations must reapply for registration. The first article in the decree granted the Minister of Interior “the authority to review the registration of all associations and non-governmental organizations issued by the Ministry of Interior or any other governmental body.” The second article granted the Minister of Interior or his delegate the right to “take the steps deemed suitable regarding associations and non-governmental organizations including closure, correction of status, or any other measures.” The third article stipulated that “all associations and non-governmental organizations must submit new registration applications within one week, and all those who violate are subject to legal action.” At the time, PCHR strongly condemned the decree, and considered it a serious violation of the constitutional right to form associations. In addition, the Centre viewed the decree subjects associations and non-governmental organizations to more restrictions that those already imposed by the Benevolent Associations and Non-Governmental Organizations Law of the Year 2000.

On 2 July 2007, the Under-Secretary of the Minister of Interior in Ramallah, Amin Maqboul, requested that associations and non-governmental organizations speed up the process of correcting their legal status within one week. The request included submitting an application to receive a written letter from the Under-Secretary to re-activate their bank accounts, to receive the new application forms, and to submit the new application within a week. Maqboul asked West Bank associations and non-governmental organizations that were registered by the Ministry of Interior in Gaza to “submit new registration applications to fulfill legal requirements within one week. Otherwise they will be considered in a state of violating the law.” The Under-Secretary considered “all associations working in Palestine that are not registered in accordance with the effective law or did not correct their legal status to be in a state of violating the law” and that they should “submit new registration applications within one week to be processed by the Ministry. Otherwise, they will be legally dissolved.”

The Centre criticized these procedures by the Ministry of Interior and called for stopping them. These measures were considered an introduction to attack legally-registered civil society organizations, so as to close them or restrict their work and role during the “State of Emergency” in the OPT.

PCHR fears that the decision to dissolve 103 benevolent organizations and non-governmental organizations and the restrictions on civil society are implemented as part of the “State of Emergency” in the OPT. It is noted that there were no Presidential decrees to end the “State of Emergency” or its decrees, including the one on the re-registration of associations. The Center’s fears are accentuated by the fact that most of the associations to be dissolved were registered in Gaza during the tenure of ex-Minister of Interior, Sa’id Seyam, during the Hamas government.

In light of these developments, PCHR:

- Affirms the right to form associations as a basic human right protected by the Palestinian Basic Law.

- Points that this decision is a violation of the Benevolent Associations and Non-Governmental Organizations Law No. 1 for the Year 2000 that states in its Article 37 that all violating associations must be given a written notice by the Ministry and to be given a the legal timeframe to correct its conditions.

- Calls upon the government in Ramallah to rescind this decision that will cut off humanitarian and emergency aid to thousands of Palestinian families.

- Calls for keeping Palestinian civil society out of the ongoing power struggle, and to protect the independence of civil society and its work.

- Stresses the importance of the role of civil society during the ongoing crisis, especially in the provision of humanitarian, emergency, and medical aid to Palestinian civilians.

Public Document

**************************************

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org

-----------------------------------

If you got this forwarded and you want to subscribe, send mail to request@pchrgaza.org

and write "subscribe" in the subject line.

---------

To unsubscribe, send mail to request@pchrgaza.org

and write "unsubscribe" in the subject line.

For assistance: info@pchrgaza.org

Field Report:: Violations Against Civil Society Organizations and Trade and Popular Unions

Violations Against Civil Society Organizations and Trade and Popular Unions Between 11 and 20 June 2007 in the Gaza Strip and West Bank. Jointly submitted by Al-Mezan Center for Human Rights and Al-Haq. Attacks_on_Civil_Society_en.pdf The Palestinian civil society organizations have played a distinguished role in the Palestinian society in the Occupied Palestinian Territory since the time of the Ottoman regime in Palestine. Palestine is unique in that civil society organisations predate the establishing of the national government, the Palestinian National Authority (PNA). The work of civil society in Palestine forms a natural response to occupation, its policies , Fimpact on society. Civil society provides assistance to the Palestinian people, including relief work in the agricultural, health and social fields, sponsored voluntary activities and working on political detention issues including defending victims. Moreover, it exposed the serious violation of international humanitarian and human rights law by the Israeli occupation. Following the creation of the PNA, the number of civil society and charitable organizations operating in Palestine increased and played an important role during the second intifada. During this time, civil society organisations played a monitoring role and/or supplemented the work of official institutions. They have been fast in reaching victims and providing relief services, as well as providing treatment to the wounded. At the same time, civil society continued it work in advocating for the victims of human rights violations, and reviving Palestinian popular heritage.

Recentlly, the continued deterioration of internal security and escalation of the conflict for power between Fateh and Hamas led to a wide-spread and comprehensive attack, launched by the Al-Qassam Brigades [the military wing of Hamas], against the offices of the security forces belonging to the PNA, and institutions affiliated or closely related to Fateh, in the Gaza Strip. The attacks began on Tuesday 12 June 2007 at 11:20am when the Al-Qassam Brigades besieged the headquarters of the first and second brigades of the National Security forces, previously the offices of the [Israeli] civil administration, in the east of Jabalia camp. The attacks ended in the evening of Thursday 14 June 2007 with Hamas taking control of the positions and headquarters of the security forces and the President's office.

During and after the confrontations, the offices of civil society organisations, popular and trade unions and some women’s organisations working in Gaza Strip were targeted. The damages ranged from looting of furniture and other assets, including papers and official documents and burning the organisation’s premises, through to taking control of the organisations and attempting to impose new criteria on their work.

These actions not only took place in the Gaza Strip but rapidly extended to the West Bank. Members of the Al-Aqsa Martyrs Brigades [an armed group affiliated to Fateh] and Fateh activists attacked civil society organisations and offices belonging to Hamas, close to it, or supervised by people close to Hamas, resulting in damage to these organizations and their assets.

Al-Mezan Center for Human Rights and Al-Haq jointly produced this report monitoring the recent violations against civil society organisations in the Palestinian Territory. One of the messages of this joint report is the re-affirmation of the historical and political unity of the West Bank and the Gaza Strip in a response to the growing political divide and at a time when the Israeli occupation is imposing geographical separation. Here, it is worth noting that the report only highlights violations against the offices of civil society organisations, popular unions, trade unions and women’s and political organisations. In the report Al-Mezan Center and Al-Haq do not address violations committed against dozens of governmental institutions, including ministries, courthouses and headquarters of security, police and national security forces. The report highlights the violations to which civil society organisations have been subjected regardless of the perpetrators. Both Al-Haq and Al-Mezan condemn all forms of attack against civil society organisations, in all cases, as unjustified acts that deprive Palestinians of the services offered to them by these organisations.