In the midst of general election preparations, on 5 March 2021, Palestinian President Mahmoud Abbas issued a decree calling for the syndicate, union, and popular organization elections to be postponed by six months.

Al Mezan Center for Human Rights stresses that the incessant promulgation of laws by decree undermines the rule of law and targets public freedoms and the principle of separation of powers. This recent decree in particular does not meet the necessity requirement stipulated by Article 43 of the Palestinian Amended Basic Law, which grants the President the right to issue decrees that have the power of law only in cases of necessity and when the Legislative Council is not in session.     

As background, on 25 January 2021, Palestinian President Mahmoud Abbas issued a decree announcing parliamentary and presidential elections for later this year. As the first such elections in almost 16 years, this step bears heavy expectations for the renewal of legitimacy to state institutions and unification of the Palestinian political system. In February, President Abbas issued a decree calling for the promotion and respect of public freedoms in the run-up to the elections. While Al Mezan welcomes this positive development as a move towards restoring the primacy of democratic values in Palestine, the Center expresses concern over the potential regressive impact the incessant issuance of presidential decrees may have on the enjoyment of rights and the independence of the judiciary.  

Therefore, Al Mezan calls for the rescission of all unnecessary laws by decree, and notably those pertaining to union, syndicate and popular organization elections, which, Al Mezan points out, would add to the democratic atmosphere and help to deter attempts to politicize those organizations. Enacting legislation and amendments must be done through the elected Legislative Council, the only body with the constitutional powers to do so. To this end, the competent authorities bear the responsibility of promoting public freedoms ahead of the elections.