2022-05-26

West Bank

Core Program / position paper

Date: 26 May 2022

Position paper issued by Palestinian Human Rights and Civil Society Organizations
On the adoption of the National Mechanism against Torture

Palestinian human rights and civil society organizations have followed up the establishment of the National Mechanism against Torture since the State of Palestine's accession to the Optional Protocol to the Convention against Torture in 2017 and have held a dialogue over four years with the official Government Team on the implementation of the State of Palestine's obligations under its accession to the Protocol, reflected in the establishment of a national mechanism against torture, and several papers and proposals have been submitted, that resulted in a project aligned with the Protocol and the guidelines issued thereunder with regards to the establishment of national mechanisms against torture in a manner that ensures their neutrality and independence from the Executive Authority, as well as their financial and institutional independence; and the personal independence of their members, and guaranteeing the availability of financial resources.

Despite the considerable delay in the State of Palestine's implementation of its commitment to the establishment of the National Mechanism against Torture, civil and human rights organizations were surprised by the issuance of Decree-law no. (25) for the year 2022 concerning the National Commission against Torture, which came in contradiction with the most important principles agreed upon during the dialogue between the organizations and the Government's team responsible for drafting national mechanism for against torture; It also contravened Palestine's obligations under the Protocol and its guidelines on the establishment of national mechanisms which enhance the Executive Authority's continuity with the same approach in the obsession and control of national commissions, and thus result in these commissions losing their ability to perform their duties independently and impartially, and reflects the Mechanism's inability, according to the said Decree-law, to pass the test of independence and impartiality since its launch, making it an additional formal body at the expense of the pain and suffering of victims of torture and ill-treatment;

The organizations consider that the said Decree-law has in many of its provisions demolished the principles of the mechanism's autonomy, considering the National Mechanism against Torture as a State institution and a State commission to which all laws and legislation relating to official institutions apply. The Commission’s President, Vice-President and employees were also considered public officials that are subject to the Civil Service Law, and also subjecting procurement and solicitation transactions to the Public Procurement Act, which makes the Mechanism a full governmental body, in addition to the method of appointing its members by the President according to the placement of the Council of Ministers every time in contravention of Palestine's obligations under the Optional Protocol, which requires the adoption of the highest standards of transparency and independence and the adoption of the same approach when selecting members in accordance with the selection of members of commissioners of national human rights commissions, as well as many malfeasances that result in the Mechanism losing its independence, impartiality and objectivity at all levels.

Organizations consider the issuance of a Decree-law at this time and two months before the United Nations Committee against Torture discusses the State of Palestine's initial report on its obligations under the Convention against Torture and the Protocol attached thereto is an attempt to improve Palestine’s image before the Committee five years after its commitment to establish the National Mechanism against Torture. However, the issuance of such a Decree-law in this contradictory manner to the international standards and commitments of the State of Palestine would have a negative impact on Palestine's image before the UN Committee against Torture and other treaty committees and international bodies.

Organizations  emphasize that the issuance of the Decree-law is a continuation of the Decree-laws’ issuing approach contrary to the requirements of the amended Basic Law, and emphasizes that the establishment of a national mechanism can be achieved by mechanisms other than by Decree-law. The organizations indicate that the adoption of the said Decree-law contrary to the outcomes of the dialogue between the organizations and the Government’s team has been repeated on multiple occasions, making the dialogue a formal action taken by the Government to beautify the image, the thing that requires the organizations to review their participation in similar dialogues in order to preserve time and resources and not use organizations to beautify the official scene.

The organizations affirm their rejection of this Decree-law and demand its abolishment. They further demand to revert to the agreed outcomes of the dialogue on the establishment of the National Mechanism against Torture. Human rights organizations and legal and social personalities call upon non-participation in the Mechanism's membership in accordance with the said modality, and provided that their reports to the Committee against Torture will include detailed observations on the Decree-law by which the State of Palestine violates its obligations under its accession to the Convention against Torture and its Protocol.

End