2017-03-07

Gaza

Gaza

His Excellency Head of the Supreme Administrative Committee/ Gaza
Undersecretary of the Ministry of Finance
Youssef Al-Kayali,

Subject: Your respectful Committee’s decision to cancel March 8th holiday, the International Women’s Day, issued on 05/03/2017

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings, and would like to point out that media channels reported yesterday the news on your Committee’s decision to cancel the holiday of March 8th this year. No justification was declared as to why your respectful Committee issued such a decision.

MUSAWA is an independent, professional, impartial and legal watchdog that was able to obtain a presidential decree to consider the 8th of March a paid official holiday and an integral part of the approved religious and national holidays.

A Presidential Decree had already been issued by the deceased Palestinian President, Yasser Arafat, stating that working women shall be granted an official holiday, in memory of the feminist struggle and in appreciation of the perseverance of Palestinian women as well as their active participation in the national struggle and community building process.

Successive governments were reluctant to implement and enforce the aforementioned decree. The implementation of this decree was at times limited to organizing ceremonies in recognition of working women, and at other times it would be implemented by offering women flowers while they are present at the workplace. This was until an official government decision was issued, stating that the 8th of March is an official holiday for working women in the government sector, and arriving at making it one of the national holidays for all male and female employees in the public and private sectors alike.

In view of that, MUSAWA is surprised by the decision of your respectful Committee to cancel the aforementioned holiday without justifying this action. We strongly believe that the cancellation has no legal basis whatsoever. Moreover, it is a grave violation of the rule of law and it directly prejudices rights vested to working women as well as all employees in the public and private sectors. These should not, under any circumstance, be the ones to suffer the consequences for the political division and the relevant factional interests.

Respectful gentlemen, MUSAWA sees your decision as an administrative decision that is absolutely null and void, and is bound to be revoked by the law, the constitution and the rules related to acquired rights. Not only that, a fair remedy should be sought by the government as well.

Accordingly, we demand that your Excellency revoke the aforementioned decision immediately, if you still abide by the existing Basic Law, the citizens’ constitutional rights, international conventions and modern constitutional principles, including the Universal Declaration of Human Rights, the international Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights. Furthermore, we demand that your respectful Committee, with all due respect, explicitly announce the revocation of this decision and enable public and private sector employees of exercising their right to a paid leave on the occasion of the officially approved holiday on March 8th.

Here, it would be plausible to make reference to the Palestinian Declaration of Independence (1988) and the Basic Law in effect, according to which you came into executive power in a civil State rather than a religious or sectarian one. Furthermore, we are in dire need of winning the community’s trust on the one hand and international support for our people’s rights on the other hand. We should not to give our enemies more reasons to deprive us of this support. We kindly hope for a prompt response from your end in order to maintain the principle of the rule of law and preserve the rights of citizens.

With all due respect,

Issued on 06/03/2017  

                                  MUSAWA