2018 Activities

AMAN demands the Draft Law by Decree Amending the Law on Charitable Associations and Civil Society Organisations

AMAN demands the Draft Law by Decree Amending the Law on Charitable Associations and Civil Society Organisations

No. 1 of 2000 not be approved or passed

The Civil Coalition for the Control of Legislation rejects the promulgation of the Draft Law by Decree Amending the Law on Charitable Associations and Civil Society Organisations No. 1 of 2000. In consistence with this position, the Coalition for Accountability and Integrity (AMAN) confirms that, in principle, any reform of the legislative framework for the work of civil society organisations (CSOs) in Palestine is not unacceptable. A reform process is only welcome when it is not designed to restrict and curb civil society activity by the executive branch of government, particularly by the Ministry of Interior (MoI) and security agencies. AMAN affirms that the provisions of the Draft Law by Decree serve to assert control over, and impose trusteeship on, CSO activities. While it endorses some provisions, which promote some aspects of civil society governance, AMAN is of the view that these are meant to “mix poison in the honey”.

AMAN has no objection to any efforts made to promote civil society governance and strengthen the tools of oversight and accountability for CSOs. Beyond doubt, however, the amendments introduced by the Draft Law by Decree are not tailored to consolidate the concept of governance. Rather, they are meant to tighten the grip of the executive over the work of CSOs. Evidently, Articles 5 of the Draft Law by Decree stipulates that the MoI approve the names of CSO board members, who are elected by relevant CSO general assemblies. Unjustified as it is, this condition can only be interpreted as a form of control on the top management and executive levels of charitable associations. According to the original Law on Charitable Associations and Civil Society Organisations No. 1 of 2000, CSOs are dissolved if they violate the law or their own statutes. Article 8 of the Draft Law by Decree further provides for dissolving CSO boards if relevant CSOs contravene the decisions and instructions issued by the MoI or competent ministry. In effect, CSOs are placed under the custody of the MoI and competent ministry. CSOs will, therefore, be bound to the instructions and decisions made by these government bodies, gravely violating the right to freedom of association and undermining the independent juridical personality of CSOs and charitable associations in Palestine.

Against this background, AMAN reaffirms its rejection of approval of the Draft Law by Decree. AMAN further calls for reinvigorating tools of oversight and accountability for civil society activity based on the provisions of the legislation in force. In accordance with the law, competent ministries and formal oversight bodies will play the their oversight and monitoring role. These include the State Audit and Administrative Control Bureau, Anti-Corruption Commission, and MoI.

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