Palestine - New decree seriously infriges freedom of association (26/6/07)

Paris – Geneva, June 26, 2007 - The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its deepest concern regarding a decree issued on June 20, 2007 by President Mahmoud Abbas, which seriously restricts freedom of association in the OPT. According to the information received by the Palestinian Centre for Human Rights (PCHR), this decree is based on the state of emergency announced by President Abbas on 14 June 2007. In particular, its article 1 grants the Palestinian Minister of Interior “the authority to review all permits for associations and organisations issued by the Ministry of Interior or any governmental source.” The second article gives the Minister of Interior or any person delegated by the Minister the power to “take any steps deemed necessary against associations and organisations with the intent of closure, amendment, or any other action.” Article 3 points that “all organisations and associations must submit new registration applications within one week; and all who violate this directive are subject to the law.” This decree contradicts the right to establish organisations guaranteed by article 26 of the Amended Basic Law for 2003, stating Palestinians’ right to “Establish unions, associations, federations, clubs, and public organizations in accordance with the law.” Moreover, these provisions contradict international human rights standards relative to freedom of association, in particular the provisions of the Universal Declaration of Human Rights (article 20) and those of the United Nations Declaration on Human Rights Defenders, which article 5b states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others at national and international levels, to form, join and participate in non-governmental organisations, associations or groups.”The Observatory fears that this decree be a first step in the Palestinian government’s strategy to crackdown on independent civil society under the pretext of the state of emergency, putting at risk the continuity of the work and very existence of human rights organisations. The Observatory calls the Palestinian authorities to cancel the adoption of the decree and to conform, in any circumstances, with the constitutional right to establish civil society organisations and international standards regarding freedom of association. The Observatory also calls the authorities to publicly recognise the role of independent human rights organisations in the prevention of conflicts and the establishment of peace, and to keep civil society out of the current crisis, preserving its independence, and ensuring the continuity of its work. Finally, the Observatory urges the European Union to grant particular attention to the impact of the current crisis on the work of independent human rights organisations and to the protection of human rights defenders, in accordance with the EU Guidelines on Human Rights Defenders.