2017-09-10

Gaza

Gaza

The Head and Members of the Administrative Committee/ Gaza,

By the Ombudsman Office

Subject: violation of equality in appointing public officials

MUSAWA – The Palestinian center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting that we have received a complaint in writing on 30/08/2017 from a citizen named Suha Hasan Ata Jarour, who resides in Gaza. The complaint states that the General Personnel Council (GPC) had announced an internal competition to occupy the position of “legal researcher” on 17/03/2017. A total of (45) researchers applied, only (25) of whom passed the written exams. The complainant came in the 20th place among those who passed.

The complainant mentioned in her complaint that the GCP’s ………………………, Mr. ……………………, declared that only (16) researchers will be appointed, and the rest will be appointed as needed.

The complainant said that she had objected to a number of the names that will be appointed under Ms. ………………………. In light of her objection, an internal meeting was held at the GPC, and the number was again brought down to (13) researchers. Upon the complainant’s knowledge of the results of the meeting, she went to see Mr. ……………………. According to the complainant’s allegations, he told her that the ministries are in need of a large number of researchers, and that the reason behind reducing the number of candidates is financial, and that an external announcement will be published and he encouraged the complainant to apply. 

In her complaint, she added that on 27/08/2017 a “legal researcher” vacancy was announced by the Ministry of Labour, noting that the complainant will not be able to apply for the latest job advertisement because she is an employee that abides by the Civil Service Law while the aforementioned ad goes under the Labour Law. The complainant stated that she had submitted her objection to Mr. ............................ according to her allegations, he told her that the reasons should not be necessarily disclosed, and that the internal as well as external arrangements of the staff will proceed.

As an independent non-governmental watchdog organization, MUSAWA believes that the contents of the complaint, if true, address a violation of the rights of the complainant as well as the other applicants. After passing the tests and having their names announced as successful candidates, it was decided that the number will be reduced, violating the principle of equality in the selection process, infringing the Civil Service Law, deviating from the requirements and procedures of a lawful competition, and causing prejudice to the transparency and integrity of the selection process for public positions. This is considered as nepotism in appointing public officials, which goes against the principle of equality and represents abuse of power.

Accordingly, we demand that you look thoroughly into the said complaint, and to act upon it as legally appropriate, ensuring the compliance with the procedures that should be adhered-to and causing no prejudice to the right to equality in occupying public positions. Also, the administrative decisions in relation to occupying a certain position should be supported with a reasonable justification. MUSAWA hopes that this memo be handled seriously. We hope to receive a duly response to our memo.

With all due respect,

Issued on 10/09/2017

Chairman of MUSAWA’s Board of Directors

Adv. Yasser Jabr

Attachments:

- A copy of the complaint.