| EMHRN - Home > THEMES > Freedom of Association > FOA-Palestine-Recommendations |
|
 |
Freedom of Association in PALESTINE |
The Palestinian authorities are called upon to:
1. With regard to the political, democratic and human rights situation
· Act in conformity with article 10 of the Basic Law which states that the Palestinian Authority is intent to adhere to international and regional treaties and conventions for the protection of human rights;
2. With regard to the laws and practices pertaining to associations and civil society organizations
· Transfer responsibility for the associations from the Ministry of the Interior to the Ministry of Justice.
Formation and Incorporation
· Reduce from seven to two the number of founding members needed to form an association;
· Ensure that the registration procedure for associations is limited to ascertaining that the requirements of the law have been met;
· Rescind the Presidential decree of 6/20/2007 which makes it mandatory for associations to register again;
· Put an end to the interference of the security services in the registration procedure and, generally, in the activities of associations.
Dissolution and suspension
· Grant exclusive competence to dissolve or suspend associations to the judicial courts;
· Accordingly, amend article 65 of Legislative Council Decision No 9 (2003) pertaining to the implementation decree No 1 of 2000, in order to take away from the Minister of the Interior the power to dissolve associations.
Organization and Operation
· Implement the existing legislation and the general principles of law in order to put an end to influence trafficking pertaining to the membership of associations and the attribution of unjustified advantages to associations.
Funding and Taxation
· Refund the tax and custom exemptions due to the associations for purchase they made, in accordance with the provisions of the law;
· Execute the decision of the Supreme Court of the Gaza Strip of March 21, 2004, which annulled the decree of the Palestinian Monetary Authority of August 24, 2003.
3. With regard to the climate required for the sustainable development of civil society
· Allow the reestablishment of the 54 associations that were illegally dissolved in the Gaza Strip by Hamas before and after its uprising and ensure that all the funds that were confiscated are reimbursed to them;
· Rescind the decision of the Fayad government at Ramallah to suppress 103 associations.
