Civil Society and AMAN Position Paper on
Regulation on the Establishment of Neighbourhood Committees in the Gaza Strip Governorates of 2022
The Coalition for Accountability and Integrity (AMAN), Palestinian Non-Governmental Organisations Network (PNGO), and other civil society groups have reviewed the Regulation on the Establishment of Neighbourhood Committees in the Gaza Strip Governorates of 2022. Compiled and approved by the Gaza-based Ministry of Local Government (MoLG), the regulation is underpinned by a clearly flawed legislative philosophy. Earlier, civil society actors made a set of recommendations, stressing the need to depoliticise local government and services and remove all obstacles to democratic renewal. In particular, local elections need to be held across the Gaza Strip in line with the Law on the Election of Local Government Units No. 10 of 2005 (LGU Election Law), as amended.
Guided by a concern for promoting the integrity of government decision making in the public interest, AMAN and civil society groups make the following comments on the Regulation on the Establishment of Neighbourhood Committees in the Gaza Strip Governorates of 2022:
I. Clearly, the regulation is aimed at circumventing the potential and opportunities for holing local elections. The way the regulation is drafted reflects government bodies’ concern and pursuit to adapt laws and regulations in order to serve the governing authority. The regulation might be intended to legitimise appointments of heads of local government unit (LGU) councils.
II. As a rule of thumb, in accordance with the system of government, elected persons are stronger because they represent the people, the source of powers. While LGU council heads are appointed, elected neighbourhood committees imply a clear political and legal imbalance. This gives rise to a conflict of powers between LGUs, MoLG, and neighbourhood committees. It is more becoming that local elections are organised.
III. The regulation lays out tasks, which principally fall within the ambit of LGUs, for neighbourhood committees. In addition to imposing a new authority, the MoLG intends to circumvent the role of neighbourhood committees in holding both the Ministry and LGUs to account for their performance.
IV. Formally, the wording and legislative basis of the regulation are impaired. The preamble does not indicate the authentic authoritative reference and legal foundation of the regulation. The terms of reference is equally unclear. The regulation serves as a ground for regulating the election, work, and tasks of neighbourhood committees. In fact, it reflects a call for elections by the MoLG. Given that a presidential decree is not in place, call for elections is an exclusive competence of the Council of Ministers. Now in force, the regulation calls for holding elections for neighbourhood committees throughout LGU areas under supervision of the MoLG. This act is unconstitutional as the MoLG vests itself with powers of the Committee for Follow up on Government Functions in the Gaza Strip. It is also an improper idea since government bodies, which are supposed to be answerable to representatives of local communities, namely neighbourhood committees, will observe elections and organise operations of these committees. Indicative of poor political integrity, this process is rejected because it places restrictions on valid democracy and real community engagement.
V. The legal terms of reference which the MoLG invokes to enact the regulation is vague. Outlining powers of the MoLG, Article 2 the LGU Election Law does not provide that the Ministry is empowered to supervise, organise functions, or create neighbourhood committees. Furthermore, there is no clear justification for making reference to the LGU Election Law, which does not include any provisions on the election of neighbourhood committees. The regulation makes reference to the Regulation on the Competences of Neighbourhood Committees in Gaza in 1997. However, based on a review and research exercise, the said regulation is not published in the Palestinian Official Gazette, so it is constitutionally invalid and should not be built on.
A number of civil society organisations have implemented several programmes, which resulted in the establishment of local committees throughout Palestinian governorates. These have engaged in local government activity and played an effective role in the context of community engagement and accountability. Local committees have achieved many results and objectives, which served citizens in marginalised areas. Against this background, we are of the view that this approach and role of community committees, including neighbourhood, accountability and popular committees, require further community participation. These committees involve independent and free public formations, which serve the public interest. As an inherent right to peaceful assembly that serves society, local committees do not need to be institutionalised or regularised to avoid manipulation of these committees. It would render ineffective the role of local committees in highlighting and holding relevant bodies to account for the concerns of marginalised communities. Otherwise, local communities would be a tool that maintain goals of the MoLG and LGUs. They would also provide an entry point to excluding the role of community accountability and limiting accountability to neighbourhood committees. This is inadmissible from the perspective of community engagement, disclosure, and accountability.
In the light of the foregoing, in consistence with the civil society position that refuses the regulation, AMAN, PNGO, General Union of Cultural Centres, Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH), Roya Association for Capacity Development, Dr. Haider Abdel Shafi Centre, and Al-Dameer Foundation for Human Rights demand that the regulation be repealed and suspended immediately, while at the same time stressing the need for holding local elections.
