The Human Rights Actions Network
www.derechos.org/human-rights/actions/
ACTION REQUEST
PAL 001 /9906/ OBS 039 Harassment/ Restrictive New Law Palestine 17th June 1999. The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention with the Palestinian Authorities on the following situation. Brief description of the situation The Observatory for the Protection of Human Rights Defenders has been informed by the Palestinian Society for the Protection of Human rights and the Environment (LAW) and the Palestinian Centre for Human Rights, members of both the FIDH and OMCT, of the threat facing Palestinian NGOs and particularly Palestinian human rights organisations. These moves come in the context of regional developments (see remarks) and an ongoing campaign to undermine, attack and vilify Palestinian NGOs, orchestrated by the Palestinian Authority. Over the past three weeks the attacks against human rights NGOs have intensified. This campaign appears to be led by the Minister of Justice, Frieh Abu Meiden and centres on attempts to undermine the long awaited new law of association and NGO's (the Law of Charitable Associations and Community Organisations in Palestine (known as the NGO law)). The law is widely viewed as positive providing legal protection to NGOs, while equally ensuring their accountability. Human rights organisations and other sectors of civil society have contributed to the development of the law and the Palestine Legislative Council voted in favour of the law. It is presently awaiting implementation into law. The campaign led by the Minister of Justice appears to confirm moves by the Palestinian executive to keep NGO's under the control of the Ministry of Interior, which would undermine the text, adopted by the legislative Council. This is of serious concern as the Ministry of the Interior has undertaken acts of harassment and defamation against human rights organisations. The proposal to keep control with the Ministry of the Interior was rejected by the democratically elected legislature, which accepted that NGOs would act with greater independence if responsibility for regulation of NGOs were with the Ministry of Justice. Given the circumstances the Observatory must express its immediate concern over the threat of increasing acts of repression against Palestinian NGOs and in particular human rights NGOs. Should the Interior Ministry be given jurisdiction over NGOs, in the longer term there are grave concerns for the freedom of human rights NGOs to carry out their work promoting and protecting human rights. Remarks These events should be seen in the regional context of increasing repression against civil society. Most particularly the events described in this case appear to mirror recent moves in Egypt to legislate to restrict NGO activity (see case. EGY 001 /9905/ OBS 032). This new Egyptian law, opposed by all Egyptian and International NGOs, gives the authorities excessive powers of control over NGOs. These acts have serious implications which threaten civil society across the region. Action Requested Please write to the Palestinian authorities urging that they i implement the new law as foreseen by the democratically elected Palestine Legislative Council ; ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) in particular its Article 1 which provides that " Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level. " Addresses Yasser Arafat, President of the Palestinian Authority, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, via Israel. Fax + 972 7 2822 365/6 ( if voice, say " fax, please "). Freih Abu Meddein, Palestinian Authority, Minister of Justice, Abu Khadra Building, Omar al-al-Mukhtar Street, Gaza, via Israel. Fax + 972 7 2822 236 Khalid al-Qidrah, Attorney General, Palestinian Authority, Attorney General Building, Yarmouk, Gaza, via Israel. Fax + 972 7 2824 502. Geneva, 17 June 1999