2018-03-27

West Bank and Gaza Strip

Gaza / position paper

His Excellency Attorney General, Adviser Dia’ Al-Din Madhoun/ Gaza
President of Al-Azhar University, Dr. Abdul Khaleq Al-Farra/ Gaza
The competent department at the Ministry of Higher Education/ Gaza

Subject: Violation of academic freedom is a crime punishable by the law

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings to you, noting their deep concerns about trespassing Al-Azhar University campus by a number of security force members on 25/03/2018, where they physically assaulted a group of students who were on campus and in examination halls, and they ordered them to leave campus in a violent manner using batons, injuring a number of them, who were taken to hospital. All of this was videotaped and broadcast by the media and social networking sites.

MUSAWA expresses their surprise at the thought that the administration of the university brought security forces to disperse the peaceful sit-in of students, according to the statement of the Ministry of Interior which was not denied by the university administration. The security forces were brought to intervene in an academic dispute between the university administration and the students related to university fees and payment mechanisms. Not only this, but the university administration also denied the students the opportunity to take their examinations on the grounds that they have not paid the fees. 

As an independent non-governmental watchdog organization, MUSAWA believes that the said assault is a violation of academic freedom and an infringement on the physical integrity of citizens, which is unacceptable in the provisions of the Basic Law, under which the students are entitled to academic freedom and it rests with the competent authorities to use the proper tools to protect this right. The actions taken by the security forces not only warn of a repressive approach against the rightful demands of the right-holders who are calling for their fundamental rights like the right to education, but they also manifest a blatant assault on the independence of universities, higher education institutions, and scientific research centers, in obvious violation of the provisions of paragraph 3 of Article 24 of the Basic Law. Furthermore, they indicate the expansion of the powers of the internal security forces at the expense of the rule of law, which would result in the disruption of the educational process and the violation of the right to peaceful assembly.

In light of what has been pointed out, we urge you to establish an independent and professional investigation committee, whose recommendations are to be announced publicly and put in place, ensuring that those who assaulted the students are held accountable at the administrative as well as the criminal level. A fair remedy must be sought for those who were harmed by the assault. Orders must be given and actions must be taken to prevent the reoccurrence of such assaults in the future. Moreover, those who are in charge at the University must be held accountable for bringing security forces into campus and depriving the students of taking their exams, if true. We remind you that all citizens, men and women, are falling victims to the current economic crisis. It is now more important than ever to have a policy based on understanding and collaboration rather than ordering people around and suppressing them. We hope to be informed of the actions taken by you in this regard.

With all due respect,

Issued on 27/03/2018

MUSAWA