2019-01-16

West Bank

West Bank

His Excellency the Minister of High Education

Dr. Sabri Saidam – Ramallah

Subject: The Rejection of a Master's Degree Equivalency

MUSAWA- the Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings to your Excellency.

On 21/11/2018, the center received a written complaint from the citizen: Sa’eed Ahmad Mohammad Mari, 54 years, from the village of Tammoun in Tubas’ governance, stating that in 1991, he had a university degree in Social Economic Information from the University of Higher Institute of Economics in Bulgaria, noting that the education system in the mentioned college confers both the first and second degrees together, and permits to pursue the second university degree without having the first one.

The complainant added that on 22/11/2018, he submitted an equivalency request to your esteemed Ministry, following the issuing of 2014’s Palestine System of Equivalence of Diplomas, which permits the committee to equivalence the diploma in case the university system confers both the first and second degrees together. However, the equivalence of Diplomas’ committee rejected the request, given that the complainant traveled to Bulgaria and brought all the needed proofs and requirements.

Based upon the complaint- if proven true- and the related laws, MUSAWA believes that it’s the complainant’s right to get an equivalence for his diploma, as article 12 of the of the Cabinet decision no (3) of 2014 on the accreditation of non-Palestinian diplomas provides for”2-The committee may consider the equivalency of the second university degree without requiring the first university degree, in case the university system confers both the first and second degrees together and permits to pursue the second university degree without having the first one”. While the provision of the article authorizes the approval, it does not oblige it. However, the general rules oblige implementing the principle of equality and not limiting it only to a specific university degree like the doctoral one, and providing the opportunity for equalizing post-graduate studies, including the Master’s degree. In addition, both the constitutional rights and the administrative code of conduct oblige the administration to state the reasons for rejecting the request, so it does not get considered as an arbitrary exercise of power or a violation of the citizens’ rights without a reason or justification, and to take into account the balance between the public interest and the individuals’ rights. MUSAWA believes that granting the complainant his right to get the equivalency of his diploma, which meets all conditions mentioned in the system on Equivalence of Diplomas, does not contradict with the requirements to maintain the public welfare, thus, we hope that you consider our memo carefully, rescind your resolution on rejecting the equivalency request, and enable the complainant from getting it, or state the reasons of rejection duly, and to provide us with your response duly. 

With All Due Respect

Issued on 8/1/2019

Legal Monitoring Officer

Angham Mansour

Attachments:      

• The Complaint
• The University Degree