2020-11-21

West Bank

West Bank / Announcement / Core Program / position paper

MUSAWA Succeeds in Ending the Suffering of Masters and Ph.D. Graduates from Non-Palestinian Universities by Getting Equivalency Approval from MoHESR

Article 12 of the Cabinet decision of 2014 concerning the accreditation of non-Palestinian certificates provides that “1. Equalizing the graduate certificate (Master’s degree) requires A) obtaining a prior undergraduate certificate or an equivalent degree. B) Full-time study for at least one academic year, after obtaining an undergraduate degree. 2. The Committee may consider equalizing the graduate degree without requiring an undergraduate degree if the university’s system grants the undergraduate and graduate degrees together, and if the university system of study allows obtaining a graduate degree without requiring an undergraduate degree.”

The beginning of the problem

On September 18, 2018, MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession received a complaint from a citizen (), stating that he has obtained a Master’s Degree in Road Safety Management, from Saint Joseph University of Beirut, Lebanon, in 2014. The complainant noted that the duration of studying was 18 months, including 10 months in Lebanon, and 8 months dedicated to foreign research at the request of the University.

The complainant added that, on December 22, 2015, he submitted a request to the Ministry of Education and Higher Education to equalize his certificate, but the Accreditation and Quality Assurance Commission in the Ministry rejected the application, alleging that the complainant traveled twice (spent one week each time) to Palestine while studying in Lebanon. The honorable committee did not notice that the complainant’s travel was commissioned by the University, for preparing researches related to his studies. The complainant said that after inquiring the Commission following its rejection of his request, the Commission asked him to wait until the system is modified. However, when the system was finally modified, the complainant was surprised as the Committee told him that the amendment cannot be applied retroactively, and therefore, he would not benefit from that amendment. At that backdrop, the commission reiterated its rejection of his request. The complainant mentioned that the committee approved the equivalency request of a colleague, who obtained a degree in the same specialization and was subject to the same academic requirements issued by his university, similar to those undergone by the complainant, noting that he [the colleague] completed his studies a year after the complainant, therefore, the Commission’s claim of the non-retroactive effect of the amendment involves a violation of the principle of equality, as it is based on a literal understanding and calculation of the duration of the study, stressing that his [the complainant’s] presence in Palestine for two weeks during his Master’s studies was per academic instructions and for research purposes, which does not mean that the studying duration was not sustained, a required by the terms of the equation.

MUSAWA’s Interventions

Based on the foregoing, on 4/10/2018, MUSAWA sent a legal memo to the Ministry of Education and Higher Education, calling for taking the appropriate legal action, ensuring that the complainant’s right to equate his Master’s degree, as the complainant meets the accreditation requirements and since the complainant’s presence in Palestine was to carry out a research as commissioned by the university, thus, it is considered an integral part of the sustainable studying period mentioned in the system, not to mention that the complainant provided us with letters from the university, commissioning him to conduct researches, in addition to letters from domestic actors in Palestine, confirming that he has conducted interviews for research purposes.

The Ministry of Higher Education and Scientific Research Approves the Master's Degree Equivalence

On 9/11/2020, the Ministry of Higher Education and Scientific Research issued a certificate of recognition and equivalence concerning the complainant's master's degree and acknowledged that it is equivalent to the master's degree in traffic safety management, about five years after rejecting his application. We note that the certificate accreditation system has been modified to preserve the right of graduates to equivalence their master's and Ph.D. degrees and to consider their stay outside the country of study for research purposes as part of their study period, thus ending the suffering of tens of Palestinian graduates who obtained their postgraduate degrees from non-Palestinian universities.