Al Mezan Calls for Respect of Freedom of Association and Upholding International Standards by State of Palestine

Al Mezan Center for Human Rights (Al Mezan) is following with growing concern the latest decision by the Palestinian Ministry of Labor (MoL) requiring all unions to obtain an official, written permission in order to open a bank account and freezing existing accounts. The MoL decision renders unions' approved signatures on payment checks frozen until the unions reconcile their legal position and obtain the written permission from the MoL, whereupon the accounts could be reactivated.

Noteworthy, on 11 April 2016 the High Court in Ramallah dismissed a case brought by the Union of Public Employees (UPE) seeking to overturn the government’s decision to disband the UPE, close its offices, seize its funds, and declare the organization an illegal entity. The High Court dismissed the case citing that the UPE was in non-compliance with the registration terms since it did not publish its registration in the Palestinian Official Gazette and held that the plaintiffs had no legal standing to bring the case before the High Court.

The International Labor Organization (ILO) Convention No. 87 on Freedom of Association and Protection of the Right to Organize protects freedom of association and maintains the right to form unions and to carry out their activities freely. The Amended Palestinian Basic Law of 2005 protects the aforementioned rights as well. The accession of the State of Palestine to the International Covenant on Economic, Social and Cultural Rights (ICESCR) obligates the Palestinian government to respect the freedom of association and other rights pertaining to the right to work including, inter alia, the right to strike and the right of collective bargaining.

Al Mezan expresses it concern over the mounting decrees and laws issued by the Palestinian President and the Council of Ministers that undermine Palestinian Basic Law and the ability of the State of Palestine to fulfil obligations under human rights instruments, including those Palestine has joined. The State of Palestine must not compromise its international standing and UN treaty bodies in this manner, while striving to seek legitimacy and pursue self-determination of the Palestinian people.

Al Mezan calls on the MoL to retract its decision and engage in a constructive dialogue with the unions and civil society to address the issues of dispute, particularly those arising from the recent decisions and legislation. An agreement must be reached to ensure full respect of the rule of law as well as the obligations of the State of Palestine under legally binding international conventions.

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