Ref: 36/2008

Date: 27 April 2008

Time: 12:00 GMT 

PCHR Calls upon the Police to Rescind the Decision to Obtain Permits for Public Assemblies and Activities

PCHR is extremely concerned by the decision of the Police Force of the dismissed government in Gaza stipulating the acquisition of a permit prior to holding public assemblies or celebrations. The Centre views this decision as a violation of the right to peaceful assembly that is protected by the Basic Law and the Public Assemblies Law for the Year 1998, which calls for notifying the police rather than obtain a permit.

The official web site of the Palestinian Police Force of the dismissed government in Gaza published an announcement on Saturday, 26 April 2008, titled “the Palestinian Police Call for Obtaining Permits to Hold Public Assemblies and Celebrations.” The news item stated, “Stemming from public interest, in order to maintain public order, to establish the rule of law, and based on the Law of Assemblies No. 12 for the Year 1998 and the Law’s Executive Bill issued by the Ministry of Interior in 2000, the Palestinian Police call upon any party wishing to organize a public assembly or celebration to obtain prior permission from the relevant authority in the Police Force. This is necessary in order to uphold law and order. In addition, the party will sign a commitment to respect the law and to ban the perpetration of any illegal actions, to infringe on public morals, fire in the air, or incite.”

In a related development, the Director of the Police in Beach Camp issued an order on 13 April 2008 to all owners of halls asking them to direct any person wanting to organize a celebration to go to the Police Compound to receive a permit and fill the relevant form.

These decisions are a flagrant violation of the right to peaceful assembly guaranteed by Article 26 of the Amended Basic Law of the Year 2003. In addition, these decisions are a violation of the Public Assemblies Law No. 12 for the Year 1998 that conforms to international human rights standards, especially the Covenant of Civil and Political Rights.

The Centre reiterates its position regarding the Executive Bill of the Public Assemblies Law, which violates the letter and spirit of the law. The Executive Bill established restrictions as a basis governing public assemblies, with permissions as an exception. This Bill was issued on 30 April 2000 by the late President Arafat in his capacity as Minister of Interior. President Arafat issued the Bill at a time of dispute between civil society organizations, human rights organizations, and political parties on the one hand and the Police on the other hand over an announcement dated 29 February 2000 by the then Director-General of the Police, General Ghazi Jabali, banning public assemblies without prior permission. The Bill was issued one day after the Palestinian High Court suspended the Police Commander’s announcement after PCHR submitted a petition to the Court. The Executive Bill was a tool used to crack down on public assemblies and other forms of peaceful assembly, especially those organized by political parties.

In light of the above, PCHR:

-            Calls upon the Police Force of the dismissed government to rescind its decision and to refrain from interfering in public assemblies.

-            Affirms that the Police do not have any legal authority to permit or ban a public gathering, peaceful demonstration, or any other form of peaceful assembly. The Law only stipulates that the police are notified by organizers in order for the police to regulate traffic.