Strikes in government education, health and public service sectors continue in the Gaza Strip.
A high rate of employees working in these sectors abstained from going to work in schools, hospitals, clinics and other government departments in the Strip.
The reasons for employees' absence are, at least partly, that they fear their salaries will be suspended if they do not abide by the strikes that were announced from Ramallah.
Such salary suspensions have been systematically taken place against thousands of civil servants and security officers.
Al Mezan Center for Human Rights re-affirms that the right to strike is guaranteed by the law.
It however asserts that taking part in a strike is voluntary and employees must not be forced to go on strike.
Relevant international standards state that the right not to go on strike is associated with the right to go on strike.
The Center strongly condemns the manipulation of service sectors, especially education and health; among other governmental and non-governmental institutions, by forcing them into the fervent political dispute between the two governments of Gaza and the West Bank.
Asserting the legality and importance of organized union activities, the Center believes that a general strike should be a last resort after gradually taking other steps such as collective negotiations and warnings of partial suspension and short strikes.
However, going on a general strike on the opening day of the new school year is reprehensible.
It cannot be interpreted outside the framework of political dispute that has nothing to do with workers rights or the role which the unions are supposed to play.
Based on its monitoring of the events and developments as well as meetings held in the Gaza Strip among the political groups and unions, the Center believes the call for a strike did not reflect employees' real demands.
The alleged arbitrary relocation of employees and other arbitrary procedures can be negotiated and reconsidered.
Reconsideration of these cases must not however involve providing a political coverage for civil servants' negligence, for the best interest of work in public sectors.
Moreover, unions' responsibility for defending their members does not absolve them from their public responsibility; particularly in light of the continuous deterioration of the conditions of public services, especially in the education and health sectors.
At the same time, the Center condemns taking arbitrary decisions that violate the law, such as immediate firing of employees and threatening those who have decided to go on strike, by the government in Gaza.
Palestinian law guarantees the protection of civil servants against such arbitrary actions.
Any penal procedures against a civil servant have to be proportionate to his/her negligence or omission, and following a transparent process of investigation.
Al Mezan Center for Human Rights rejects all threats against employees of service sectors regardless of their source.
It reiterates its rejection of the hasty suspension of the operations of vital sectors such as education and health.
It calls for an investigation into the allegation that the ministries of education and health in Gaza took arbitrary procedures against their employees based on their political affiliation only.
The Center, at the same time, recognizes the right of public department to take, in accordance with the law, appropriate procedures and decisions to guarantee successful, smooth workflow in public institutions and departments.
It also asserts that political affiliation should not be exploited to breach the law and regulations of civil service by employees.
In this context, Al Mezan strongly condemns the policy of suspending the salaries of civil servants.
It reiterates that such a policy is the source of multiple violations of human rights, for it violates the employee's right to receive their salaries but also impacts on their families' right to a decent standard of living.
It also impacts on the right to education and to health.
Government bodies should not create obstacles that block access to education and health, but rather have a responsibility to respect and protect these rights.
The Center emphasizes that the Palestinian Basic Law and Civil Service Law provide a number of entitlements that guarantee each civil servant the right to receive their salary.
Salaries should not be reduced, seized or suspended unless certain procedures are taken and administrative investigations are opened.
Civil servants must be given the opportunity to defend themselves if they are accused of negligence or omission.
They have the right to file complaints and appeal against punitive decisions.
Al Mezan Center for Human Rights strongly denounces all the practices that double the suffering of public employees and exacerbate the already deteriorated humanitarian conditions in the Gaza Strip.
The Center calls for an immediate halt of all the politically motivated fractions which push public service sectors and non-governmental institutions by different means into a conflict that only adds to the suffering of the Palestinian people, who already suffer from the Israeli occupation.
This conflict will only increase violations of human rights.
The Center therefore calls on unions that announced the strikes to reconsider their decisions and be sensitive to the human rights impacts of such decisions.
Unions are called on to find means that protect the rights of employees without inflicting severe harm to vital services provided to citizens.
The Center re-emphasizes voluntary nature of strikes.
Employees must not be forced to go on strike.
Otherwise, a strike will become a narrow political and factional exercise that contradicts its objectives and purposes.
End