2021-11-01

West Bank

West Bank / Announcement / Core Program / position paper

A Presidential Decree That Violates the Law and Contradicts the Basic Law and Anti-Corruption Obligations, Which Must Be Revoked

Following the issuance of the State Audit & Administrative Control Bureau’s report, and the ever-increasing community demands to take all measures that ensure accountability of those responsible for many aspects of administrative and institutional flaws, and deviation from the provisions of the law in a large number of institutions of the authority; including the institutions of the formal justice system. The report came after public opinion polls on corruption in the institutions of the Palestinian Authority, most notably the opinion poll issued by the Palestinian Center for Palestinian Survey and Research Studies in June 2021. The report did not receive the required attention from law enforcement agencies, which did not refer any of the officials of the executive administration of the authority to the Corruption Crimes Court to hold them accountable for the violations that were proven to the State Audit & Administrative Control Bureau that fall under the umbrella of corruption crimes, according to its official report, which was delivered to the official authorities, with the exception of the absent and forsaken Legislative Council.

After all of that, a presidential decree was issued to form a committee called the National Reform Committee headed by the President’s Legal Adviser, with the membership of officials, including security officials, to study the laws, regulations, and structures on which the institutional building is based and everything related to the public service for the purposes of reform and development in accordance with what was stated in the decree.

The decree subject of matter:

1. Violated the Basic Law and usurped the powers of the government, and it was in explicit violation of the provisions of Articles 63 and 69 of the Basic Law and expanded the powers of the President exclusively set forth in the Basic Law. Referring to Article 63 of the Basic Law, it states clearly and does not accept interpretation that “the Council of Minister” is the supreme executive and administrative tool that assumes the responsibility of putting the program approved by the legislative authority into effect, with the exception of the executive powers of the President of the National Authority determined by the Basic Law, executive and administrative powers are vested in the Council of Ministers. Also, Article 69 clarifies the functions of the Council of Ministers, as it stipulates that “The Council of Ministers is competent to: 1. Set the general policy within the limits of its competence and in light of the ministerial program approved by the Legislative Council, 2..., 3..., 4. Preparing the administrative apparatus and setting up its structures, providing it with all the necessary means, supervising and following it up, 5..., 6. Supervising the performance of ministers and other units of the administrative apparatus of their duties and responsibilities, and coordinating among them, 7..., 8..., 9. A. Establishing or abolishing the bodies, institutions, authorities or similar units of the administrative apparatus that are included in the executive body of the government, provided that each of them is regulated by law, b. Appointing the heads of the bodies and institutions referred to in item A above and supervising them in accordance with the provisions of the law, 10. Determining the functions of ministries, bodies and authorities and the institutions affiliated to all the executive body and the like, 11....”
2. The decree is issued by an authority that is not competent to issue what is marked as the individual decree forming the committee from the personalities of the same regime, including what the Bureau’s report included of the violations attributed to the institutions they chair.
3. The decree blocks the openings for law enforcement agencies, in particular the Anti-Corruption Commission and the Public Prosecution, according to its public function, which is to carry out procedures for investigation of violations and abuses documented by the Bureau, and hindered its role in combating corruption in all its forms, including administrative corruption.
4. The aforementioned decree bypassed the jurisdiction of the “Corruption Crimes Court”, as it is the only body responsible for holding those accused of corruption crimes accountable, by blocking the outlets for the Corruption Crimes Court to extend its authority and exercise its authority to try and hold those accused of corruption crimes accountable and ensure that those convicted do not go unpunished.”
5. The decree diverts attention from the findings of the report of the State Audit & Administrative Control Bureau, which is the official body in charge of monitoring the performance of official bodies, and overlooks the recommendations of the report, and replaces law enforcement and accountability with the study of laws and structures.
6. The decree may constitute a safety net for those accused of corruption and may spare them accountability, by postponing or impeding the implementation of the recommendations of the Bureau's report and replacing that with the formation of a committee to study legislation and structures.
7. The decree was issued in the absence of the competent authorities and the citizens’ opinion, which negatively affects the citizens’ confidence in the credibility of allegations that there are official efforts consistent with the Basic Law and the Anti-Corruption Law.
8. The decree may endorse the results of the public opinion poll, which showed that 84% of citizens believe that there is corruption in the institutions of the Authority, “The Palestinian Public Opinion Survey, published by the Center for Palestinian and Survey Research, June 2021.”
9. Finally, the decree may negatively affect the continuation of international support in light of observations issued by international donors who indicated that the risks of corruption and the failure to combat it will negatively affect their continued support for Palestine.  

In the face of these insults and abuses of the rule of the Basic Law and the risks arising from the reluctance to take the legal requirement to implement the recommendations of the Bureau and ensure accountability for violators of the rule of law, we believe that the presidential decree must be revoked. We also call on law enforcement agencies, especially the Anti-Corruption Commission, the Public Prosecution and the Corruption Crimes Court, to quickly carry out the requirements of their public functions without delaying, slowing or procrastinating, in a manner that ensures accountability for those who are proven to be involved in and committing any corruption crime, thus preserving the supremacy of the Basic Law and finding its proper way to be applied as an effective legal tool for a real combat against corruption.

Issued on: 1/11/2021                                         

                      MUSAWA