2019-03-31

West Bank and Gaza Strip

West Bank / Gaza / position paper

The Government's Decision to Appoint a Driver for Its Members after the End of Its Mandate Must be Canceled

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession expresses its shock at the Council of Ministers’ decision No 17/244/17 of 2019 resulted in its session held on 12/3/2019. The decision, which is entitled “Appointing an employee for the members of the 17th government, provides for appointing a driver and a personal escort for the members of the 17th government upon conclusion of their terms of office, according to what was circulated this morning on social media channels.

If true, MUSAWA expresses the following:

•    MUSAWA is shocked over basing the decision on the requirements of the public interest, despite the fact that the decision contradicts with those requirements.

•    MUSAWA believes that the mentioned decision is beyond the governments’ competences and powers, as it is a caretaker government, which is bound by law not to take any decision or action that would establish new legal centers or entail obligations on the public treasury, but rather to continue to exercise its functions until the new government takes office, thus, the government has exceeded its powers as it contradicted with the Basic Law and the existing laws.

•    The decision reflects the government’s will to keep its governmental privilege for a long time.

•    The decision entails huge financial obligations on the Public Treasury that suffers from a financial deficit, which led to the adoption of a presidential and governmental resolution to reduce by 40% of the salaries of the public employees. The decision also contradicts with the statements of the president on Palestine’s ad financial status, in addition to breaching the adopted budget of 2019. 

•    The decision contradicts with and breaches the presidential decree to stop all new appointments and to limit them to the essential posts. 

•    The decision implies an arbitrary use of powers and an expansion in public expenditure. 

•    The decision is undue, as ministers, even during their tenure, need neither escorts nor drivers, given that they are citizens who should live equally with their counterparts, thus, such decision might be listed under the umbrella of corruption once it is enforced.

•    The decision clashes with the principles of good governance and the core of the Basic Law, as it grants the government members privileges for life in violation with the good governance principles, the law provisions and the requirements of development and confronting the financial crises and the political, economic and social challenges.

MUSAWA cries out in demanding the caretaker government to abolish its decision, in demanding Mr. President to take the needed legal action to suspend it, and in demanding the prime minister not to adopt it as a privilege for himself and the members of his government and to adhere with his statements on protecting the citizens’ safety and rights, both on the general and private levels, and away from discrimination and exploitation of the government’s privileges in gaining the trust of citizens in the governments.    

This fault decision must be canceled immediately.

Issued on 31/3/2019