On 20 June 2007, the Palestinian President, Mahmoud Abbas, issued a decree mandating the new Minister of the Interior (MoI) the power to review all 'licenses' of all civil society organizations (CSO's).
It applies to those CSO's that were registered under the Ministry of the Interior and/or any other governmental body.
The decree authorizes the MoI, or any person in delegated his power, to take any appropriate procedures, including closing down or rectifying the status of CSO's.
It also dictates that all CSO's, which are already registered, must re-apply for licence within one week of the issuance of this decree.
Punitive actions would be taken against CSO's which do not abide by the decree, it added.
Al Mezan Center views that the declared state of emergency requires taking limited, exceptional procedures dictated by the exigencies of the situation.
It does not permit abusive and perverted use of power to limit licences and rights.
The Centre sees that this decree is inconsistent with Article (111) of the Palestinian Basic Law of 2003.
This article prohibits, upon declaring a state of emergency, the imposition of "restrictions on the basic rights and freedoms, except to the level that is necessary to achieve the objective stated in the decree that announces the state of emergency".
Al Mezan finds the content and purpose of this decree unjustified, even under a declared state of emergency.
The Palestinian Law of Charitable Associations and Community Organizations (1/2000) does not require already registered CSO's to renew its registration as long as they function under the law.
In fact, many of these organizations have existed even prior to the PNA.
The decree is also viewed as breaching Article (26) of the Palestinian Basic Law, which guarantees Palestinian citizens' right to participation in the political life, to assembly, and to form and join guilds, associations, societies, clubs, and popular syndicates.
The abovementioned decree is in disagreement with article (1) of the (1/2000) Law, which grants Palestinian citizens the right to freely practice social, cultural, professional and scientific activity, including the right to establish and run associations and community organizations.
Al Mezan expresses its concern by the implications on human rights and freedoms owing to the declaration of the emergency, which is in principle harmful to human rights, democracy and freedom.
The Center reminds that a state of emergency is not equal to a carte blanch allowing restrictions on rights and freedoms.
Therefore, Al Mezan calls upon President Abbas to revoke this decree.
It stresses that all the procedures and decisions taken under the state of emergency must be limited to extreme necessity, put to legislative, judicial and administrative scrutiny, and comply with the law.
END