6 March 2021: The Center for Women’s Legal Researches, Counselling and Protection (CWLRCP) vehemently rejects Decree-Law No. (7/2021) regarding the amendment of the Law on Charitable Associations and Civil Organizations and its amendments, which was published in the Official Gazette (Palestinian Gazette) on 2 March 2021.
It is regrettable that this Decree-Law aims to eliminate the positive aspects of the Law on Charitable Associations and Civil Organizations No. (1) of 2000, which was approved by the Legislative Council and is considered a modern and sound law. The Center, adding its voice to that of civil organizations rejecting this Decree-Law, has observed that the Palestinian National Authority, through this Decree-Law, seeks to diminish and curtail the role of associations and civil organizations, similar to what it did several years ago by issuing unfair decisions that affected civil organizations registered as non-profit companies. This negatively impacts the work of these organizations and restricts their freedom of action in operational activities and plans. Therefore, the Center for Women’s Legal Researches, Counselling and Protection (CWLRCP) calls on President Mahmoud Abbas to repeal this Decree-Law and to consider any effects resulting from its issuance as if they never existed, based on the following:
- It has become clear that the issuance of this Decree-Law was based on a recommendation from the Council of Ministers dated 11 January 2021, and was issued by the President on 28 February 2021. Civil society organizations were not notified by the Council of Ministers about the draft of this decree during this period. This indicates a premeditated intention on the part of the government to implement this Decree-Law secretly and confidentially to avoid protests from civil organizations.
- This Decree-Law comes after the issuance of the Presidential Decree on 15 January 2021, calling for general legislative, presidential and national council elections. Any amendments to existing laws or the enactment of new laws should be the prerogative of the incoming Legislative Council. Expediting the issuance of this Decree-Law in anticipation of the elections is unjustified and does not demonstrate good faith because it is not an urgent or exceptional matter that authorizes the head of the Authority to rush its issuance, especially after the issuance of the Presidential Decree regarding the promotion of public freedoms. The provisions of this Decree-Law would shackle and restrict a fundamental right of public freedoms, namely the right to form and establish civil associations.
- Article (2) of the Decree-Law amends Article (13) of the original law to read as follows: “1. The association or organization shall submit to the competent Ministry an annual work plan and an estimated budget for the new fiscal year, consistent with the plan of the competent Ministry.” The wording of this text raises the suspicion of a tendency to restrict and shackle civil organizations by placing them under the direct control of the government, according to the principle of “whoever does not agree with us is not one of us.” This will encourage corruption and cronyism by fragmenting the group and pushing institutions and associations, each individually, to seek a way out of the predicament.
- The decision did not clarify which is the “competent ministry”! Is it intended to mean the Ministry of Interior, which grants licenses to civil associations? The Ministry of Interior does not publish a clear and declared plan to align with this text, on the one hand. On the other hand, the Ministry of Interior does not announce the nature of its budgets for civil organizations to take into consideration.
- If the “competent ministry” is intended to mean the Ministry of Professional Specialization, it should have been stated explicitly in the Decree-Law.
- Civil society organizations participate in the preparation and drafting of national sectoral and cross-sectoral plans. They necessarily align their visions and activities with these national plans, which is a reality known to the Authority, the Presidency of the Council of Ministers, and the relevant ministers.
- The amendment contained in the Decree-Law in Article (3/3), which amends Article (30) of the original law, where the amendment stipulated that “the salaries of employees and operating expenses in the association or organization shall not exceed 25% of the total annual budget,” means that the Authority imposes control over the mechanism of distributing the budget of the civil organization without considering the nature of each organization’s activity. This will directly affect the work of women’s organizations in particular, which provide their services free of charge in psychological, social and legal support to women and families. It will also affect the services of health civil society organizations, disability organizations, and others because the nature of the work of these organizations depends on the number of employees in providing services.
- This Decree-Law ignores a fundamental issue: civil society organizations play a key role in providing services to citizens where the political authority is unable to provide them, especially with regard to employing large numbers of citizens, especially young people, thereby reducing unemployment. Approximately 22.4% of workers in the private sector work in the services sector, with 19.9% in the West Bank and 30.1% in the Gaza Strip, according to data from the Palestinian Central Bureau of Statistics.
- This Decree-Law will force civil organizations to reduce their staff to comply with the provisions of this Decree, which means that the largest percentage of employees will be laid off, at which point the number of unemployed will increase, and the Authority is not ready to absorb them.
- Article (6) of the Decree-Law amends Article (40) of the original law to read as follows: “(1/6) Taking into account the provisions contained in this law, associations and organizations that provide special professional services must apply the professional registration instructions determined by the competent ministries.”
- This text places the civil organization under the supervision of more than one ministry, which means tightening the police authority over the work of the charitable and voluntary organization without justification under the law, and the matter becomes clear through the following: In addition to the Ministry of Interior, there is the Ministry of Professional Specialization. For example: a women’s civil association that provides psychological and social support services to women and their families will be required to register professionally with the Ministry of Women because it is a women’s organization, and with the Ministry of Social Development due to the nature of the services it provides. This means that these associations will be subject to the supervision of three ministries, and they must align their plans with the plans of three ministries, and request approval for projects from three ministries.
- “(2/6) The Council of Ministers shall issue a regulation specifying the fees that the association or organization must pay for any new applications it submits to the Ministry, if they are not covered by the fees specified in the law.” Through this text, the Authority is in the position of a collector who is assaulting the capabilities and funds of civil associations through a policy of imposing fees. The grant funds of these associations are designated for disbursement items in accordance with contracting agreements with donors, and there is nothing in these agreements that indicates the payment of official taxes in return for voluntary services. Rather, donors stipulate that grant funds not be used for taxes, based on the fact that these grants came to provide services to the beneficiary groups in society. In countries that recognize the value of the work of these organizations and their important and vital role, civil organizations receive financial allocations from government tax funds in order to carry out their social role. However, what will happen in Palestine through this Decree-Law is exactly the opposite.
The Center for Women’s Legal Researches, Counselling and Protection (CWLRCP), recognizing the seriousness of Decree-Law No. 7/2021 amending the Law on Charitable Associations and Civil Organizations, calls for the unification of the efforts of civil organizations and political parties in order to work to repeal this decision, which, unfortunately, does not serve the interests of our people, but rather places these interests between the hammer of the occupation and the anvil of donor countries, threatening the work of institutions and the continuation of their national role.
