Palestinian civil society rejects presidential decree revoking NGO law

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Date: 24 / 06 / 2007 Time: 14:07

Ramallah - Ma’an -

Various Palestinian civil society organisations have issued statements objecting to, and rejecting a decree issued by Palestinian President Mahmoud Abbas on Friday effectively revoking the Palestinian law on non-governmental organisations.

According to a press release from Dr. Mustafa Barghouthi, former information minister and head of the Palestinian National Initiative political party, the Palestinian NGO law was seen as one of the most democratic and progressive in the region.

Under the former law, civil society organisations were required to submit an application for registration to the Palestinian ministry of interior which would be accepted on the basis of whether or not it was consistent with the NGO law, the press release continued. The decree has now replaced this system of registration with the concept of licensing, a practice which Palestinian civil society organisations and past governments have consistently rejected, Dr. Barghouthi’s office says.

The new decree contains the following articles:

Article 1 grants the ministry of interior the right to review all past registrations issued to civil society organisations by the ministry of interior or any other governmental structure.

Article 2 gives the ministry of interior or an authority delegated by it the right to close down or request changes to internal procedures in order for any given civil society organisation to be eligible for licensing.

Article 3 requests all civil society organisations to re-apply for licensing (not registration) within the period of one week. All those who do not respond to this request will be penalised according to the law.

According to Dr. Barghouthi’s office, all of these articles are in violation of the Palestinian law governing non-governmental and civil society organisations; this law does not give the government the right to influence or change the internal laws of civil society organisations.

The decree is being perceived as an attempt to control organisations sympathetic to Hamas, Dr. Barghouthi’s office continues. Yet, such organisations have been able to operate without registering with the Palestinian ministry of interior and they will continue to do so, Barghouthi’s press release warns. As such, the decree has serious implications only for those organisations that adhere to and respect the civil society and non-governmental organisation law.

Palestinian civil society organisations are viewing the decree as a dangerous step that could represent an attack on such organisations and on Palestinian democracy. They are also warning that such a move could jeopardise the legal position of the new Palestinian emergency government.

The Palestinian Centre for Human Rights issued a press release saying it was “gravely concerned by the latest decree”, adding that they view “this decree as a first step in a crackdown on civil society organizations with the aim of closure or restricting its work during the state of emergency in the Occupied Palestinian Territory (OPT).”

PCHR warns that this decree is “a serious violation of the right to establish organizations, which is a basic human right guaranteed by article 26 of the Amended Basic Law for 2003, stating Palestinians’ right to “Establish unions, associations, federations, clubs, and public organizations in accordance with the law.””

The Al Mezan Center for Human Rights has also called on Palestinian President Mahmoud Abbas to annul his presidential decree regarding civil society organizations.

The center said it is afraid about the diminishing public freedom and human rights, and the attacks on the law.

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