2021-07-04

Gaza

Gaza / Core Program / position paper

MUSAWA Calls for The Cancellation of a Circular Regarding the Implementation of Projects Concerned-With Palestinian Women Issued in Gaza

A circular that affects the dignity and role of women, the reputation of our people, and it’s ought to be abolished

Hands off Civil Society Organizations

On 06/28/2021, the Director General of the General Administration of Public Affairs and Non-Governmental Organizations in the Ministry of Interior and National Security in Gaza issued circular No. 4 of 2021 regarding the implementation of projects concerned with Palestinian women, according to the title of the circular based on what he called the powers granted to him by law and what they require as well as the public interest in accordance with what was stated in the circular that obligated all charities and non-governmental organizations implementing projects concerned with Palestinian women’s issues, developing their capabilities and assisting them, and other projects concerned with women’s affairs in prior coordination with the Ministry of Women’s Affairs before implementing any project under legal liability.

We, MUSAWA - The Palestinian Center for the Independence of the Judiciary and Legal Profession, after we carefully and professionally learnt about it and after referring to the Basic Law, especially Article (26) thereof, which states that “Palestinians have the right to participate in political life, both individuals and groups, and they have in particular the following rights 1…..2 Formation of trade unions, associations, federations, syndicates, clubs, and popular institutions in accordance with the law 3....4....5....”, And to the first article of Law No. 1 of 2000 regarding charitable societies and civil bodies, which clearly states that “Palestinians have the right to freely practice social, cultural and professional activity, including the right to form and run NGOs and bodies. The article assigns the authority to register associations and bodies to the Ministry of Interior through a department it establishes that deals with the affairs of registering associations and organizations, and entrusts the Ministry of Competence with the responsibility of following up the work and activities of associations and organizations and to verify that their funds were spent for the purpose for which they were allocated in accordance with the law and the bylaw of the association or body that enjoys legal personality and independent financial disclosure upon its registration. Recalling that coordination, cooperation and integration between associations and bodies and the Ministry of competence contained in Article (10) of the Associations Law is a matter of public interest and not the will of the Ministry or its interference in the independence of associations and administrative and financial bodies and the competence of independent and single associations and bodies in determining all their work plans and activities. After MUSAWA recalled previously issued position paper dated 3/3/2021 under the title “There Is No Dignity Under Tyranny And Despotism, And There Is No Alternative To Human Rights” through which it clarified all aspects of the violations included in Decree-Law No. (7) of 2021 to amend Associations Law No. (1) of 2000, which triggered comprehensive opposition from all actors of civil and general community work, which led to a decision to suspend its enforcement, MUSAWA affirms the following:

1. The circular is issued by a non-competent body, which makes it a non-existent administrative circular or decision.
2. The circular was issued in violation of the authority of its issuer, which marks it as null or absolute null.
3. The circular involves a grave violation and a prejudice to the independence of civil society organizations and constitutes interference and domination that make Civil society organizations lose their role and devote their subordination to the executive authority and make them a of governmental directorate, which cancels the reason for their existence, strikes at the core of their goals and objectives and undermines the right to participate in achieving the public interest.
4. The circular contradicts the Associations Law and violates the Basic Law, which make unconstitutional.
5. The circular clearly discriminates against women, which contradicts the provisions of Article (9) of the Basic Law, which prohibits discrimination in all its forms and even criminalizes discrimination on the basis of race, sex, color, religion, political opinion or disability, given that equality among all Palestinians is a binding human right and duty to respect according to the Basic Law, while any violation of it is considered a crime without statute of limitations and requires accountability and compensation in accordance with Article (32) of the Basic Law, which is consistent with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other international covenants prohibiting and criminalizing racial and gender-based discrimination.
6. The circular carries with it all the flaws and sins involved in the Decree-Law amending the Associations Law and that the suspension of which was announced.
7. The generalization curtails to the core the unity of the societal fabric and the rights of the Palestinian woman in dignity and participation in shaping the present and future of their people.
8. The generalization contributes to the international isolation of the State of Palestine and its people at a time when we are in dire need of the support of the peoples of the world to the right of our people to self-determination and freedom.

Given the dangers involved in the circular, MUSAWA calls on its issuer to immediately and explicitly cancel it, without delay or procrastination.

Issued on: 94/07/2021