On 12 July 2011, the Palestinian Minister of Interior (MoI) for the Gaza Government issued a decision to dissolve the Sharek Youth Forum offices in the Gaza Strip.
According to the Minister’s decision, the Forum was closed because “it did not obtain the necessary licenses from the Ministry of Interior in Gaza and, according to the investigations conducted by the Office of the Attorney General, the Forum violates order and public morals.
” (Unofficial translation by Al Mezan) In his decision the MoI relied on the Palestinian Charitable Associations and Community Organization Law No.
1 of 2001and its implementing regulations; issued in 2003 by the Council of Ministers.
He also relied on the Forum’s bylaws, particularly Article 43.
  The dissolving decision came after a High Court decision on 27 June 2011 in which the court formally accepted a complaint submitted by the Forum.
The court obliged the Attorney General and the Ministry of the Interior and National Security represented by the Attorney General to clarify within 15 days the reasons for preventing the Forum from carrying out its work.
The Office of the Attorney General was supposed to present the legal reasons behind the closing to the court; instead, the MoI issued his decision on the last day of the appointed time.
  At approximately 1:30 p.
m.
on Tuesday 30 November 2010, a force consisting of police, the Department of Associations Security and other Ministry of Interior personnel closed the main office of Sharek Youth Forum in Gaza city.
The director of the Department of Associations Security, which is part of the Police Investigations Unit, informed the persons present at the office of the order closing Sharek.
The order was issued by the Office of the Attorney General in Gaza.
  The Office of the Attorney General’s Decision No.
153/2010 regarding temporary closing the Sharek Youth Forum office stipulates that,“[A]fter examination of the 2002 Basic Law and its amendments, Judiciary Law No.
1 of 2001, Penal Code No.
74 of 1936, and Associations Law No.
1 of 2000, we have decided the following:   1.
       To temporarily close the Sharek Youth Forum offices in the Gaza Governorate until the investigations that have been opened in relation to lawsuit no.
36/2010 at the Department of Societies Security in the Police Investigations Unit are finished.
2.
       This decision shall come into effect on the date of its issuing and the concerned authorities shall comply with it.
” (Unofficial translation by Al Mezan.
)   In the evening hours of the same day, the Sharek Youth Forum’s office in North Gaza district was closed.
The Sharek Youth Forum’s offices in Khan Younis and Rafah had also been closed in the morning hours of Wednesday 1 December 2010.
  Since that time, no list of charges has been issued against any of the Forum staff members or its board.
This raises suspicions that the decision was not based on substantive reasons.
The Forum was forced to file a lawsuit with the High Court appealing to allow it to reopen all Forum branches and return to work.
  Article 37 of the Charitable Associations and Community Organizations Law states that “an Association shall be dissolved in the following cases:   a)       When the general assembly takes a decision to dissolve the Association, which must be brought immediately to the attention of the Ministry.
b)       If the Association does not commence its operations within the first year of its date of registration or licensing, unless the inactivity is caused by circumstances beyond the control of the Association.
In this case, the registration is repealed after the association receives a written warning in advance.
c)       When the Association is proven to have committed a substantive violation of its bylaws, and has not rectified them within three months of the date of receipt of notification to that effect by the Minister or the Department.
”  (Unofficial translation by Al Mezan.
)   Article 65 of the ministerial decree implementing Regulation No.
9 of 2003 states:   1.
       The Directorate shall send a written notice to the Association that it is substantively violating its bylaws.
2.
       The notice shall include an explanation of the substantive violations committed by the Association and the articles violated.
The notice shall also give the Association three months to correct the situation.
3.
       The Association shall inform the Directorate of the procedures it will follow to correct the violations listed in the aforementioned notice in Clause 2 of this Article.
4.
       When the Association does not correct its situation within three months of the date of recipient of notification, the Directorate shall send to the Minister its recommendation to abolish the registration of the association.
(Unofficial translation by Al Mezan).
  Regarding associations with more than one branch in the occupied Palestinian territories, Article 15 of the Palestinian Charitable Associations and Community Organization Law allows an association to open its branches without any limitations.
Under the Council of Ministers Decree No.
9 of 2003, which establishes implementing regulations for this law, Article 47, relating to the necessary procedures that should be followed by the association to open additional branches, stipulates that “Registered Associations may open branches throughout Palestine on the condition that they provide numbers and addresses for the branches opened in their annual reports submitted to the concerned Ministry.
”  (Unofficial translation by Al Mezan)   Accordingly, the law is clear in that it allows associations to open new branches and does not require acquisition of new licenses from the Ministry of Interior for registered organizations and associations.
Sharek did not need to register its Gaza branches with the Ministry, as assumed by the Minister’s decision dissolving it.
  Article 43 of the Sharek Youth Forum’s bylaws, which is mentioned in the ministerial decree, does not contradict the Charitable Associations and Community Organization Law, particularly Article 37.
  In its pretext for the decision to close the Forum, the MoI relied on investigations conducted by the Office of the Attorney General.
Al Mezan and Al Dameer observe that this excuse is not valid, as the Attorney General had closed the Forum seven months before citing the same reasons.
No one was then detained or charged for violating public morals under Article 150 of Criminal Procedures Law No.
3 of 2001, which stipulates: “[I]f it is clear to the Attorney General that the act constitutes a violation, he shall refer the file to the concerned Court to bring the accused person to justice.
”   Al Mezan and Al Dameer assert that if a violation committed by employee staff members is proven, the punishment must therefore be personal, as collective punishment is banned under the Palestinian Basic Law.
The Forum enjoys legal personality that is independent of its managers, workers, and beneficiaries.
  In light of the above, Al Mezan and Al Dameer express their concern that the timing of the issuance of the decision dissolving the Forum is an attempt to prevent a court decision to reopen the Forum’s offices in the Gaza Strip.
The previously announced reasons for shuttering the office do not support legal procedures seven months after its closing.
This raises further serious doubts about the ability of the Office of the Attorney General to persuade the court of its reasons for the closing.
Al Mezan and Al Dameer assert that any procedures taken against any association must aim to protect the association and ensure that it fulfills its role and goals.
  Charges of “violating order and public morals” must be clear, based on the law, and supported by evidence.
  Out of concern over respect for the principle of rule of law and for enhancing public freedom, part of which consists in creating associations and ensuring freedom for their work, Al Mezan and Al Dameer call on the Ministry of Interior of the Gaza Government to revoke its decision and to ensure respect for the rule of law.
  Al Mezan and Al Dameer emphasize the importance of regulating charitable and nongovernmental work, insofar as oversight aims to correct mistakes and eliminate barriers that might hinder efforts to serve society.
  End