Civil society groups in Gaza call Ministry of Interior to abolish all decisions and measures restricting civil society action by a publicly announced decision
AMAN: Any constraints on civil society actors’ right to peaceful assembly violates the law and undermines integrity of government
Gaza – The Coalition for Accountability and Integrity (AMAN) and several civil society organisations (CSOs) in the Gaza Strip held a session to discuss the Police measures in dealing with CSOs. AMAN stressed the need for compliance with the provisions of the Basic Law and all relevant international conventions, including on the right to peaceful assembly. Any breach of the law will undermine the integrity of government.
The session was held against the background of security interference with the CSOs’ role. Imposed last year and taking place as at the time of reporting, measures targeting CSOs have been applied by security agencies. In particular, the Police Institutional Investigations Department has prescribed that a written notice by submitted by CSOs before they would implement any activities. Also, the Tourist Police will also be notified by tourist facilities of any activities organised on their premises. This demonstrates that a permit should be applied for in order to carry out civil society activities and events, which all serve the public interest.
In his opening statement, Mr. Wael Ba’alousha, AMAN Gaza Office Director, raised questions about the reasons behind the measures taken by the Police agency. These actions are in breach of the law. Importantly, civil society demands regarding the consequences of these measures, including access and benefit-sharing, need to be the focus of public debate. According to Ba’alousha, the free functioning of CSOs is ensured by the Basic Law, Law on Charitable Associations and Civil Society Organisations No. 1 of 2000, and Law on Public Meetings. The operations and premises of CSOs may not be violated. The said decisions and associated measures are not in the public interest. Rather, they compromise the integrity of government.
Mr. Talal Okal, AMAN Board Member, shared the views of AMAN on this issue. Should they continue, these measures comprise an unacceptable interference with, and restriction on, the freedom of functioning of CSOs. This action further gravely violates Palestinian laws and international standards on the rights to freedom of association and peaceful assembly. Okal called for abolishing all the instructions or circulars issued by the Ministry of Interior by means of an official decision. Okal emphasised the importance of a real partnership for the common good. This requires a concerted effort to serve society under the law. It further demands that government bodies recognise the important role of CSOs, which “provide a main leverage and incubator for our Palestinian society and values,” Okal concluded.
Brigadier General Raed al-Amoudi, Chair of the Police Grievances Department, explained that the Police actions occurred in the context of promoting internal security and maintaining community safety. These measures have been in place since 2007. According to Al-Amoudi, a notice is submitted to the Police by the tourist facility, in which an activity is organised by a CSO. Recently, however, it has also been required that CSOs submit a notice to the Central Operations Division of the Police General Investigations Department. Later, the meeting coordinator might be summoned to the General Investigations Department to provide some clarifications or answer certain inquiries about the activity in question. Al-Amoudi stated that applicable measures were subject to extensive discussions in sperate meetings. Recommendations of this session will be transmitted to the High Command for consideration and application.
Of note, together with the Palestinian Non-governmental Organisations Network (PNGO), a large number of human rights institutions and CSOs have objected and refused to comply with the set of applicable measures. These actors confirmed that the law should govern the working relationship between the government and civil society. At the same time, civil society groups stressed the need to rescind and repeal these actions immediately through a publicly announced official decision.
