2018-10-04

Ramallah

West Bank

The Rejection of a Master's Degree Equivalence Although It Meets the Conditions Required

His Excellency Minister of Education and Higher Education,
Dr. Sabri Saydam – Ramallah

Subject: The Rejection of a Master’s Degree Equivalency Although It Meets the Conditions Required

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession, extends its warmest greetings, noting that it has received a written complaint, on September 18, 2018, from citizen: Jamal Ghaleb Younis Darawish, who is 30 years old and comes from the town of Dura, Hebron, stating that the complainant 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 for foreign research at the request of the University.

The complainant added that, on December 22, 2015, he submitted a request to your esteemed Ministry to equalize his certificate, but the High Committee for non-Palestinian Certificate Equivalency in the Ministry rejected the application, alleging that the complainant traveled twice (one week at a time) to Palestine during his studies in Lebanon. The honorable committee did not notice that the complainant’s travel was commissioned by the University for the purpose of preparing research related to his studies. The complainant said that the Committee, after referring back to it following the rejection of his request, asked him to wait for the amendment of the system. However, when the system was amended, the complainant was surprised as the Committee told him that the amendment is not applied with a retroactive effect, and therefore he would not benefit from it and repeated its rejection to his request for the equivalency of his certificate. The complainant mentioned that the committee accepted the equivalency of a colleague’s certificate in the same specialization and the same academic requirements issued by his university, similar to those he underwent, noting that he [the colleague] completed his studies a year after the complainant graduated, which makes the Committee’s clinging to the non-retroactive effect of the amendment involve a violation to the principle of equality, and based on a literal understanding and calculation of the duration of study, stressing that his [the complainant’s] presence in Palestine for two weeks only during his Master’s studies was in accordance with academic instructions and for research purposes, which does not omit the continuous characteristic of the duration, according to the terms of the equation.

The complainant noted that the Committee handed him its decision rejecting the equivalency on August 29, 2018, although he applied for the equivalency in December of 2015, and that he was surprised to find the rejection decision signed with a date of issuance in 2016! The complainant concluded by saying that he has received the written rejection decision after a journey of suffering and referring back and forth to the mentioned committee, which insisted on its decision contrary to the law.

As an independent non-governmental watchdog organization, MUSAWA believes that; based on the complaint, if true, and after reviewing the related laws, the requirements for the equivalency of certificates apply to the complainant, as Article (12) of the bylaw no. (3) of 2014 on the regulations for recognizing and equalizing non-Palestinian diplomas and certificates states that: “1. Equalizing the graduate certificate (Master’s degree) requires A) Pre-obtaining an undergraduate certificate or its equivalent. B) Actual dedication to study for at least one academic year, after obtaining an undergraduate degree. 2. The Committee may consider equalizing the graduate degree without requiring the undergraduate degree if the university system grants the undergraduate and graduate degrees simultaneously, and the university system of study allows to study for a graduate degree without obtaining an undergraduate degree.”

MUSAWA also notes that the complainant has letters from the university – attached to this memo- commissioning him to conduct research in countries other than the country of the university where he studies, in addition to letters from the Police and Traffic Council in Palestine confirming that he has conducted interviews for research purposes, based on his university assignment. Therefore, the regularity of his studies does not contradict with Article 14 of the Cabinet decision of 2014 concerning the accreditation of non-Palestinian certificates, which states that: “1. the period of regularity in the study may be calculated for students who study without discontinuity in a higher education institute, whose system allows the attainment of a Higher Diploma and a graduate degree (Master’s), whether this period was during studying for the Higher Diploma or Master’s degree, provided that the two certificates are jointly equalized with a graduate degree (Master’s) in accordance with the provisions of this system. 2. The duration of the actual dedication to study mentioned in Articles (12, 13) of this system shall be calculated on the basis that the academic year consists of two consecutive semesters. In cases where it is satisfied, the Committee may consider equalizing the certificate if the duration of actual dedication to study consisted of two non-consecutive semesters in accordance with the provisions of this system.”

Therefore, since the duration of the complainant’s presence in the country for the purposes of carrying out research commissioned by the university in which he studies is an integral part of the period of regularity without discontinuity mentioned in the system, thus making the complainant fulfill the legal obligations required for the equivalency of his certificate, and the since text contained in the system shall not be interpreted in a literal numerical way, but in the context of the case and in accordance with its content, we hereby demand your Excellency to act upon this memo by taking the appropriate legal action, so as to ensure that the complainant is given the right to equalize his Master’s degree. MUSAWA hopes that you will keep us updated on the action taken.

With all due respect,

Issued on: 04/10/2018                                              Legal Monitoring Officer
                                                                                            Angham Mansour

Attachments:

• The complaint.
• The letter from the Police and Traffic Council in Palestine.
• Letters from Saint Joseph University stating that the complainant has completed the entire study requirements.
• Master’s Certificate.
• The equivalency rejection decision, issued by the High Committee for non-Palestinian Certificate Equivalency.