2017-03-22

Ramallah

West Bank

Esteemed Head of the Advisory and Legislation Bureau
Advisor Kamal Ibrahim,

Subject: Issuance of the Palestinian official gazette contrary to the law

MUSAWA - The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you. After studying the Palestinian official gazette no. (130), MUSAWA observed that the publication, issued on 05/03/2017, contains items in English (an annex of tables related to drugs, psychotropic substances, and precursor chemicals), as evident in pages 30, 31, 32, 33, 34, 35 and 36 of the aforementioned publication. The preamble was published in Arabic, and it was tail-signed by His Excellency Minister of Health Dr. Jawad Awwad in Arabic.

As a watchdog and independent civil partner in the Justice System, we at MUSAWA see that the issuance of any laws, regulations, or decisions with a legislative or binding nature in a language other than Arabic is a violation of the provisions of the Palestinian Basic Law and a departure from the third paragraph of Article (4) of the Palestinian Basic Law, which explicitly states that “Arabic is the official language”. Furthermore, publishing in English or any other foreign language represents an unjustified abandonment of the legal status of the Arabic language; an official language recognized by the UN. In addition, Arabic is the official language of communication between the ruler and the ruled; between government authorities and citizens, whether natural or legal persons, and it is the language of communication in courts. It is inconceivable to bind citizens by provisions, regulations, or decisions that were not presented to them in a language they understand and use, and with whose vocabulary and meanings they are familiar. This contradicts with the logic lying behind publishing laws prior to enforcement and implementation, hence compromising the essence of human rights and the right to citizenship. Accordingly, many of the decisions published in a foreign language would possibly be described as void and invalid for claiming against others, which predicates a procedural and structural defect that strips the decision or legislation of its value, for it is the right of those who are addressed by this decision to claim that it is unbinding and without value or effect as long as it was not published in their language and by the legal means that would enable them to understand, realize, and adhere to its content.

What was published in English (a foreign language) puts at risk the status of the Palestinian gazette as an official newspaper that symbolizes national sovereignty. Also, it gives the publication a more of an academic nature, and deprives the gazette of its official and national prestige, which gives rise to a grave phenomenon that should be addressed immediately in accordance with and in respect of the Basic Law and the related procedures. Furthermore, publishing in English reflects discrimination against citizens; violates their rights; presents the Palestinian official gazette as a publication that targets a limited social group (those who are proficient in English), which by the way represents a small part of the population; and contradicts with the goals, objectives and legal purpose behind issuing it as a document that addresses Palestinians of various backgrounds and cultural levels. All of the aforementioned aspects assert that when the gazette or any part of its content is published in English, it loses its uniqueness as well as two of the most important characteristics it should possess: neutrality and generalization.

Elaborating more on the issue, which may seem as irrelevant to the subject at hand, the gazette may be translated into English as a whole for the knowledge of other countries but not for enforcement or validity at the local level. This purpose does not apply to the issue at hand.

It also goes without saying that according to the internationally recognized legal norms: laws, regulations, orders and decisions must be published in the language that is used and understood by the citizens who are being addressed. It is required that these documents be published in their own language so that they clearly perceive them prior to being asked to adhere to them.

Esteemed Head of the Advisory and Legislation Bureau,

It is worth mentioning that we had already sent a memo in writing to the Acting Head of the Advisory and Legislation Bureau, Ms. Iman Abdul-Hameed, on 21/03/2016, addressing the same matter. Your respected bureau had published issues no. (116) and (118) of the Palestinian gazette knowing that they contains items written in English. In our previous memo, MUSAWA made reference to the same risks and violations which we believe your respected bureau had committed. At the time, MUSAWA demanded that the situation be rectified by re-publishing the aforementioned items in Arabic. However. MUSAWA did not receive any response to its memo, which can be found in the attachments. Rather than correcting the mistakes, the bureau committed the same violation once more, by publishing issue no. (130) of the gazette knowing that it contains items that are written in English.

Accordingly, MUSAWA kindly asks that your Excellency study our memo thoroughly, and then take the appropriate legal action regarding the matter by re-publishing issues no. (116), (118) and (130) of the Palestinian gazette in Arabic. We hope that you duly respond to our memo.

With all due respect,

Issued on 20/03/2016                  

         
Chairman of the Board of Directors
  Advocate Yasser Jabr        

Copy to:
1.    Respectable members of the High Judicial Council.
2.    Respectable members of the Cabinet.
3.    Acting Public Prosecutor, Dr. Ahmad Barak.
4.    Legal Adviser for Minister Hasan Al-Ouri.
5.    Chairman of the Bar and respectable members of the Bar Council.
6.    Independent Commission for Human Rights.