2017-03-07

West Bank

West Bank

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Leal Profession organized five round-table discussions in Jenin (25 male and female participants), Nablus (22 male and female participants), Bethlehem (26 male and female participants), Hebron (47 male and female participants), and Ramallah (40 male and female participants). The attendees, a total of 160 people including 70 women, were brought together to discuss the Draft Decree-Law on Landlords and Tenants, which has been on the Council of Ministers’ agenda for discussion and approval, and will then be referred to Mr. President for issuance.

Given the high importance of this decree-law and its strong connection to the rights of a wide community sector, i.e. landlords and tenants, and hence to the security and stability of all citizens for the benefit of the public interest, MUSAWA presented the draft to representatives of key social sectors, such as: municipalities; chambers of commerce; consumer protection; community-based institutions representing people of low-income, such as trade unions and women’s organizations; and lawyers and legal professors. The participants were given the chance to examine and make legal and professional observations on the draft decree-law, which MUSAWA intends to convey to the Council of Ministers and the Legal Advisor to Mr. President, as appropriate.

At the end of each session, participants gave recommendations. These recommendations include, but are not limited to, making sure that all ministries, trade unions and chambers of commerce are represented in the proposed decree-law as it affects all community groups. The attendees also stressed the vitality of carrying-out campaigns to raise awareness amongst citizens on the decree-law, the legislative philosophy that supports it, and its influence on landlords and tenants.

Furthermore, the participants called for broad community pressure on decision-makers and the Council of Ministers to prevent its issuance, given that it is unfair and does not serve anyone’s interest. The proposed decree-law is incapable of balancing the contractual relationship between the landlord and the tenant. It does not correspond to the economic problem that the Palestinian people are suffering from, such as high prices and the increased burdens and responsibilities. First, the decree-law should be examined against the average income of the Palestinian citizen. The extent of the Palestinian citizen’s need for such a decree-law must also be taken into account.

Also, it was stressed by the attendees that in drafting the decree-law the Council of Ministers cited Article (43) of the Basic Law, which states that "the President of the National Authority shall have the right, in cases of necessity that cannot be delayed, and when the Legislative Council is not in session, to issue decrees that have the power of law..." which is absolutely not valid in the case of the draft decree-law at hand!