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Ramallah Government Insists on the Policy of Salary Suspension; Al Mezan Views the Policy as a Violation of Human Rights

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7 April 2008 |Reference 43/2008

The Palestinian government in Ramallah continues to cut the salary of thousands of public sector employees in the Gaza Strip.
This policy, which bears no grounds for legality and is practiced widely, is an extension of the sharp internal political division from which the whole Palestinian society and political system are suffering.
According to the information gathered by Al Mezan, the salary suspension policy touches the employees of almost all ministries in the government, and other governmental authorities and commissions.
The majority of employees who suffer from salary suspension are from the Ministry of Health and Ministry of Education.
According to the lists of names made available to the Center, the number of employees whose salaries were suspended has reached 3,615.
Of those, 1,549 work in the Palestinian health sector as doctors, nurses and administrative employees.
Nearly seven hundred (693) work in the Ministry of Education as teachers, head teachers, school supervisors, and administrative employees.
The remaining workers are employed in 23 governmental ministries, authorities and commissions.
Facts gathered by the Center indicate that about 2,900 security personnel have had their salaries suspended since 8 July 2007.
This shows that this policy began when the deposed government took over the Gaza Strip last summer.
Despite the Center's continued emphasis on the illegality of this policy, which represents a violation of the legal provisions and fundamental freedoms that the law provides for public servants, the government of Ramallah continues to suspend the salaries of public education employees and members of Palestinian security bodies.
Al Mezan Center renews its strong condemnation of this policy that suspends salaries of public servants, which violates human rights in multiple ways.
While it directly violates the public servant's right to work, it also inflicts on the welfare and wellbeing of them and their families.
This policy only exacerbates the already low quality of education, health care and other basic services in the Gaza Strip, which in itself impedes the enjoyment of human rights.
Al Mezan also warns from the implications of this policy, which places basic services like education and health care into a political conflict.
These sectors continue to suffer from the exclusion, substitution and incitement of civil servants for purely political reasons.
Al Mezan emphasizes that the salary suspension policy contradicts the protections and guarantees provided by the Palestinian Basic Law and Civil Service Law, which entitle civil servants to the right to be paid their salary and prohibit reducing, seizing or cutting it unless for reasons provided for by the law.
Palestinian law also establishes a specific procedure that should include due administrative investigation in which a civil servant can defend him/herself and the ability to petition any sanctions against him/her.
According to the investigations of Al Mezan and to tens of complaints received by it in the Gaza Strip, none of the civil servants whose salaries were suspended was accused with any charges or was investigated prior to the suspension.
They have therefore been stripped from their right to know the reasons behind the suspension, or to have the chance to challenge these reasons and defend them.
This procedure is therefore a serious infringement upon the Palestinian law.
As such, Al Mezan demands that the Palestinian government in Ramallah resumes paying the salaries of all the civil servants whose salaries have been suspended contrary to the law.
The government must observe its legal obligations and the legal and human rights of Palestinian citizens.
END