Ref: 10/2008

Date: 19 February 2008

Time: 10:30 GMT

PCHR Condemns the Takeover of the Offices of the Financial and Administrative Control Bureau in Gaza

PCHR strongly condemns the dismissed government in Gaza for taking over the offices of the Financial and Administrative Control Bureau (FACB) on Sunday, 17 February, and dragging the FACB into the ongoing power struggle in the PNA. The Centre calls upon the dismissed government to rescind this illegal measure immediately, and affirms that the FACB is an independent constitutional institution enjoying independent juridical person, and have full legal aptitude.

The Center’s preliminary investigation indicates that at approximately 11:30 on Sunday, 17 February 2007, several civilian-clothed persons, some of them armed, arrived at the office of the Acting Vice-President of the FACB, Sa’id Kullab. They identified themselves as being from the “Ministry of Interior.” They demanded that the FACB office compound in Omar Mukhtar Street, near El-Abbas Police Station, be emptied. Kullab refused emptying the building and demanded to see the Ministry of Interior order. They informed him that the order was verbal, and forced all employees to leave the building and confiscated the keys. The employees immediately organized a sit-in opposite their office compound to protest being driven out of their offices. A police force arrived and broke up the sit-in claiming that the protestors did not have permission from the Ministry of Interior.

PCHR points that the FACB was established in accordance with Law No. 15 for the Year 2004, and enjoys independent juridical person, and have full legal aptitude. Article 4.1 of this law states that the President of the FACB is nominated by the Cabinet, approved by the Palestinian Legislative Council (PLC), and appointed by presidential decree. Article 7 of the law states that the FACB is responsible to the President of the PNA and the PLC. Article 31 states that the parties subject to the audit of the FACB include: Office of the President and underlying institutions, Prime Minister and Ministers and the employees under their jurisdiction, PLC, Judicial Authority, Attorney-General’s office, ministries and other PNA institutions, security forces, the police force, all security and military services, public institutions, non-governmental institutions, unions, associations, federations, and local organizations.

PCHR condemns the takeover of the FACB office compound by the dismissed government in Gaza, and:  

1.   Calls upon the dismissed government to immediately rescind its decision and to return the situation to the status before 17 February.

2.   Affirms that the Ministry of Interior or any other party under the audit jurisdiction of the FACB have no legal jurisdiction to interfere in the FACB’s work.

3.   Despite the reservations over FACB’s work over the past several years, this does not justify the dismissed government’s takeover of the Bureau. No government has the authority to takeover the FACB.

4.   Calls for restoring the audit role of the FACB to ensure the legality and stability of the financial and administrative performance of the PNA’s three branches: Executive, Legislative, and Judicial.