2022-03-09

West Bank

West Bank / Announcement / Core Program / position paper

Publishing Decree-laws Enshrines the Authority's Approach by implementing the saying “say what you want and we do what we want”

Once again, the behavior of the Executive Authority proves what MUSAWA has warned of, one time after another, regarding the dangers of adopting an approach of exclusivity and exclusion, and even bullying in a way that deepens the gap between the governor and the governed in its legislative performance and its operational practices. The legal and human rights family, as well citizens, were surprised by the publication of a bundle of Decree-laws, some of which were issued and published in disregard of the people and without a justification or legal ground for issuance or publication (a decree-law amending the Enforcement Code, Evidence Code, the Law of the Formation of Regular Courts, and the Law of the Formation of Administrative Courts), and some of which were published without the slightest concern, interest, or addressing of the opinions of human rights and legal institutions and civil society organizations, regarding the flaws and dangers it included that undermine the Basic Law, the Declaration of Independence and international agreements and covenants binding the State of Palestine, which were leaked before their issuance, (Penal Procedures, Code of Civil and Commercial Courts , and state claims).

The executive authority was not satisfied with not adhering to the values, principles and constitutional texts that were violated by the Decree-laws, but went further in an authoritarian and superior manner in publishing decree-laws that were leaked before publication, without the slightest modification and in the manner in which they were issued, as if all that was raised by the competent legal institutions and figures in this concern was neglected and thrown into the trash in a clear message that acts in accordance with the common methods of work of totalitarian regimes that are based on the idea of ​​say what you want and we do what we want, and perpetuates the saying that the ruling authority sees nothing in the country but itself and does not seek to protect others, but rather protect its interests and only its interests.

What happened constitutes a serious infringement of the constitutional right clearly stipulated in Article (26) of the Basic Law, which is the Right to Take Part in Public Life, and what jurisprudence and constitutional law have established regarding the right of those addressed with the provisions of any legislation to discuss it or express an opinion on it, and represented a blatant contradiction with the repeated media allegations issued by the ruling authorities, claiming their keenness on the participation of civil society institutions, and their interest in what these institutions express on issues of public affairs, as the three above-mentioned decree-laws were published as they are despite the consensus of human rights institutions, legal figures and civil society institutions of different doctrines that the decree-laws involve many violations and infringements on the rights of the judge, the litigant and the lawyer alike, as well as publishing the decree-laws in the dark.

MUSAWA highlights that it adheres to the illegality of issuing decree-laws in principle, but it points out that the individuality of the authority did not stop at the extent of its persistence on the issuance of decree-laws, but also transgressed the observations of those institutions that accepted the issuance of decree-laws, contented with appealing to the governor to take into account its observations on some of its texts. The publication of decree-laws with contempt and transgression of the observations of the legal community and institutions of different visions represents a slap in the face that suggests an inferior view from the governor towards civil society institutions and other citizens, including those institutions and bodies accepting decree-laws.

The socially required position, from MUSAWA’s perspective, is the immediate abolishment of those decree-laws that were issued in a manner contrary to constitutional values, principles and rights, and to proposals submitted to make amendments to the texts contained therein. we believe there is no point in demanding the suspension of decree-laws, since the latters were born dead from the constitutional standpoint, and was published in a bullying formula that contradicts with the axioms of joint action, not to mention those decrees that were issued and published in the dark.

Decree-laws should not be dealt with as facts and valid and binding legislations, or resort to crying about the inability to address the entailed flaws, risks, sins, infringements, and grave violations of the right to access justice, fair trial guarantees, the principle of litigation on two levels, and the principle of confrontation between opponents.

A single, unified voice pressuring the governing bodies is required in order to compel them to rescind these decree-laws, and to oblige them to respect the principle of participation in any legislative or administrative procedure, from the outset and not after their entry into force. As we express our disapproval of the authorities’ continued perpetuation of the totalitarian regime, we affirm our shock at the insistence of some on remaining in the position of spectator, scrounger and complacent with regards to the constitutional and human rights of citizens.

Yes to abolishing the decree-laws, and no to continuing to issue them.

MUSAWA

Issued on 9.3.2022