Articles and Comments on the Second Draft Law

Article 1

Palestinian citizens have the right to practice social, cultural, professional and scientific activity in all freedom, including the right to establish and run associations and Community Organizations.

Comments

The emphasis on the right of Palestinian citizens to practice “social, cultural, professional and scientific activity” is not necessary here because it restricts the types of activities allowed - especially when the Draft Law itself mentions other categories later on in its definition of “community activity” in Article Two. With this definition, other categories were included such as health, material, spiritual, artistic, sports and educational activities. PCHR proposes that Article 1 may be read as the following:

Every Palestinian has the right to join with others and to form legal associations.

Written in this way, the Article stresses very clearly the right to establish peaceful associations and is in line with relevant international standards, especially Article 20 of the Universal Declaration of Human Rights and Article 22 of the International Covenant on Civil and Political Rights.

Article 2.

Definitions

The following terms and expressions that are used in this Law have the following meanings, unless otherwise indicated.

The Ministry: The Ministry of Justice

The Competent Ministry: The Ministry under the competence of which the activities of the Association would fall.

The Minister: The Minister of Justice.

The Department: The competent department set up in the Ministry.

The Association or Organisation: Any charitable Association or Community Organisation with an independent judicial personality, established upon an agreement concluded among no less than seven persons to achieve legitimate objectives of public concern, without aiming at financial profit-making for sharing among the members, or at achieving any personal benefits.

The Foreign Association or Organisation: Any foreign charitable Association or community Organisation, the main headquarters or centre of activities of which is located outside Palestinian territories, or the majority of whose members are foreigners.

The General Assembly: the general body made up of the total membership of the members of the Association; it is the highest authority in the Association or Organisation.

The Board of Directors: The Board of Directors of the Association or Organisation.

Merger: Unification of two or more Associations or Organisations into a single Association or Organisation with a new judicial personality.

Union: Unification of two or more Associations or Organisations whereby a single representative body is established, but each Association or Organisation maintains its independent judicial personality.

Community Activity: Any social, economic, cultural, community, developmental or any other service or activity, undertaken voluntarily or optionally, that would lead to the improvement of the social, health, professional, material, spiritual, artistic, sports, cultural or educational levels of citizens in society.

Comments

  1. The concept “association” is comprehensive and it is not necessary to have other concepts in the draft law. For example, the draft law doesn’t distinguish between what is an ” association” and what is an “organisation”. We propose that reference to “organisation“ be deleted and that we be content with the term “association” throughout the whole text.

  2. In the definition of “association” or “organisation”, we propose that the reference to “public concern” be deleted. It is legitimate that any association seeks to achieve interests not in the wider concept of public concerns but for only a group of people or for specific sectors of the community. It is legitimate, for example, that a group of public accountants establish an organisation for the mere purpose of protecting their interests. It is legitimate also for a group of women to establish an organisation to raise awareness about early marriage. In such a case the group of women may believe that this is a public concern, but other conservative sectors of the community may believe the contrary.

  3. Taking into account that the term “community activity” is not used at all in the draft law, it should not have been necessary to define it in the first place.

 

 

Article 3

The Ministry will set up a Department for the registration of the Associations and Organisations in coordination with the competent ministry, and for all purposes of implementation of this Law the Department will keep the following registries:

  1. A registry recording all registration requests, using consecutive numbers in accordance with dates of requests.

  2. A general registry of all Associations and Organisations that have been registered, in which the names, centres of activity, objectives and any other facts that the Department considers necessary for the information of competent quarters, are recorded.

  3. A registry in which the names of the Associations and Organisations whose requests for registration were refused are included, indicating their objectives and the reasons for the refusal, and any other additional information that the Department considers necessary for the record.

Comments

No comments.

 

 

Article 4.

Registration Procedures

  1. The founders of an Association or Organisation present a written request in compliance with all conditions to the competent department, signed by no less than three of the founding members authorised to register and sign off on behalf of the Association or Organisation, accompanied by three copies of the By-Laws signed by the members of the Founding Committee.

  2. The Minister of Justice has to issue his decision regarding the compliance of the request with the conditions of registration within a period not exceeding two months from the date of presentation of the request.

  3. If the two month period following the presentation of the request expires without a decision being taken, the Association or Organisation is considered registered by law.

  4. In the event a decision is issued by the Minister refusing the request for registration, the decision should be substantiated by the causes, and the applicants have the right to contest the decision before the competent courts within a period not exceeding thirty days from the date they are notified of the decision refusing the request.

Comments

PCHR believes that this article undermines the legitimate right of a person to form associations. This is a right which is guaranteed by international standards and which is also pronounced clearly in Article 1 of the Draft Law.

Contrary to its title “Registration Procedure”, this article refers to nothing more than licensing. There is a big difference between the two concepts of registration and licensing. According to Article 7 of the same Draft Law, “Associations may not practice any of their activities before completing registration procedures.” PCHR believes that the right of associations implies the wavering of all administrative restrictions and obstacles, which may undermine this right in practice. The role of the government here should not exceed that of registration, which is necessary for the purpose of organising rather than controlling non-governmental activities. It should not, by any means, imply the restricting of or prevention of such activities or the transformation of this authentic right to a grant as long as the activities concerned are legitimate in accordance with local laws. Accordingly, PCHR cannot justify the need for the prior approval of the government (i.e. the Minister) for the formation of an association. On the contrary, an association should be registered through a very simple administrative process as long as its purposes are peaceful and do not contradict local laws. After this procedure, an association should then be allowed to perform its activities immediately. The government should then intervene at a later stage to cancel the registration of an illegal or illegitimate association through judicial procedure.

The content of Article 4 is considered as a dangerous and tragic setback to the 1907 Ottoman Law. Accordto Article 2 of the Ottoman Law, the formation of an association does not need a license but according to Article 6 it is necessary to inform the government about the association after its establishment. According to the said Law, the founders of an association must submit information to the government about the Association’s address, its purposes and its administrative centre etc. It is surprising to see that the Palestinian elected Legislative Council at the end of the 20th Century may promulgate a law that is more restrictive than a law imposed on the people of Palestine by a conservative state almost 90 years ago. The Israeli Occupational Forces then amended the Ottoman law by Military Order Number 686 which actually cancelled Articles 2 and 6 of the Ottoman Law and replaced them with other articles which required the submission of a registration application prior to the formation of an Association. Under this Military Order, an association was not allowed to practice its activity before the approval of its registration.

 

 

Article 5

Taking into consideration the Provisions of the Law, the By-Laws should include the following information:

  1. The name of the Association or Organisation, its address, its purpose and its main headquarters.

  2. The financial resources of the Association or Organisation, the manner in which they is to be used or dispensed with.

  3. The conditions for membership, kinds of membership, reasons for termination of membership and subscription fees for members.

  4. The organisational structure of the Association or Organisation, rules governing the amendment of its By-Laws, its merger or unification (with other Associations or Organisations).

  5. Procedures for convening of the General Assembly.

  6. Methods of financial supervision.

  7. Rules governing the dissolution of the Association or Organisation, and methods of dispensing with its finances and holdings upon dissolution.

Comments

No comments.

 

Article 6

The Ministry will be responsible for following up the work of the Associations and Organisations in accordance with the provisions of the Law and the Ministry may follow up the activity of any Association or Organisation upon a substantiated written order issued in each instance by the Minister, to ascertain that its funds have been spent for the purposes for which they were allocated in accordance with the Provisions of this Law and the By-Laws of the Association or Organisation, and the Association or Organisation should enable the Ministry to implement this order to ascertain that it is conducting its affairs in accordance with the Provisions of this Law and the By-Laws of the Association or Organisation.

Comments

See comments for Article 13.

 

Article 7

The Associations and Organisations are independent judicial persons, enjoying an independent financial position, upon registration in accordance with the Provisions of this Law, and may not practice any of their activities before completing registration procedures.

Comments

No comments.

 

 

Article 8

The decision to register an Association or Organisation is published in the Official Gazette.

Comments

No comments.

 

 

Article 9

In accordance with the Provisions of the Law:

  1. an Association or Organisation may hold transferable or nontransferable funds for the achievement of its objectives;

  2. a foreign Association or Organisation may hold nontransferable funds, on the condition that it obtains permission to that effect from the Ministerial Council upon the recommendation of the competent minister,

  3. no foreign Association or Organisation may dispense with nontransferable funds without the agreement of the ministerial council.

Comments

No comments.

 

 

Article 10

The relations of the Associations and Organisations with the competent Ministries are established on the basis of coordination, cooperation and complementarily for the public good.

Comments

No comments.

Article 11

Records of the Association or Organisation

The Association or Organisation keeps at its main headquarters its official financial and administrative records that include all the following financial transactions, administrative decisions and data:

  1. Incoming and outgoing correspondence, in special files and organised records.

  2. By-Laws (of the Association or Organisation), names of the members of the Board of Directors in each electoral term and their date of election.

  3. Names of all members of the Association, Organisation or Institution, along with identification, age and date of subscription.

  4. Minutes of the Board of Directors’ meetings, in consecutive order.

  5. Minutes of General Assembly meetings.

  6. Record of revenues and expenditure, detailed according to financial rules.

Comments

The word “institution” in provision 3 of this article is mentioned for the first time without prior definition. All other articles refer to the terms “association” and “organisation”. Bearing in mind our previous comment in Article 2 to delete the word “organisation”, we propose that provision 3 of Article 11 be changed as following:

“Names of all members of the Association along with identification, age and date of subscription.”

 

 

Article 12

Every Association or Organisation will deposit with the competent department a statement regarding any amendment or change affecting its headquarters, By-Laws, objectives or purposes, or any complete or partial change in its Board of Directors, within a period not exceeding one month from the date the amendment or change took place.

Comments

No comments.

 

 

Article 13

The Association or Organisation will present to the competent ministry, at a date not exceeding four months from the end of the financial year, two reports approved by the General Assembly:

  1. an administrative report containing a full description of the activities of the Association or Organisation during the last year;

  2. a financial report signed by a legal auditor, and containing a detailed revenue and expenditure account of the Association or Organisation finances in accordance with the accepted principles of accounting.

Comments

*SEE ALSO ARTICLE 6

Articles 6 and 13 imply excessive Government monitoring of the Association’s activities. They empower the competent Ministry to investigate the activities of any association without limits “upon a

Substantiated written order issued in each instance by the Minister.” According to the Articles, nothing may prevent the issue of such statements on a daily basis if the Minister wishes to do so. Nobody dares reject the principle of transparency in the work of Associations and they should be subjected to the principle of accountability, not only before the Government but also before the public. This should be in addition to internal monitoring conducted by the Association’s General Assembly. Accordingly, PCHR proposes that Article 6 be cancelled and its very basic idea of monitoring should be incorporated with Article 13. Article 13 could be read as follows:

At a date no later than 4 months from the end of the financial year, the association must prepare two reports approved by its General Assembly. At least two copies of each report must be made available to the public and to competent bodies in the Government. The reports should be as follows:

  1. A narrative report containing a full description of the activities of the Association during the last year.

  2. A financial report signed by a legal auditor, which contains a detailed revenue and expenditure account of the Association’s finances in accordance with the accepted principles of accounting.

  3. The Ministry will be responsible for the follow-up of an Association’s work and is entitled to ascertain that its reports are correct upon a substantiated written order issued in each instance by the Minister. The association should enable the Ministry to implement this order.

 

 

Article 14

Associations and Organisations are exempted from taxes and customs duties on the transferable and non-transferable funds necessary for the implementation of its objectives, provided they are not disposed of within a period of less than five years for purposes incompatible with the purposes (of the Association or Organisation) unless the due taxeand customs duties are paid.

Comments

No comments.

 

 

Article 15

  1. Associations and Organisations are entitled to organise activities and establish income-generating projects provided the revenues are used to cover its activities for the public good;

  2. And are entitled to set up branches inside Palestine.

 

Comments

No comments.

 

 

Article 16

  1. Every Association or Organisation should have a Board of Directors made up of at least seven members and not exceeding thirteen members; the By-Laws of the Association or Organisation determine the procedures for setting up this Board, for choosing its members and for terminating their membership.

  2. The Board of Directors may not include more than two members bound by family relations of the first or second degree.

Comments

This Article should stress clearly and unequivocably that the Board of Directors of an Association reflect democratic representation to its General Assembly and that it conducts its work through a specific term of authorisation. Accordingly, PCHR proposes that this Article be changed as follows:

  1. Every association should have a board of directors made up of at least seven members and not exceeding 13 members including the Chairman of the Board and the Vice-Chairman, elected by the General Assembly for a period of three years at the most.

  2. The By-Laws of the Association should specify the way through which the Board of Directors is formed and how its members are elected and how their membership on the Board is ended.

  3. It is not permissible that 2 members of the Board of Directors or more have immediate family ties.

 

 

Article 17

  1. The Board of Directors of any Association or Community Organisation is responsible for all its operations and activities.

  2. The Chairman of the Association or Organisation represents it before other parties, and signs all correspondence, contracts and agreements concluded between it and other parties on its behalf.

Comments

No comments.

 

 

Article 18

The Board of Directors is competent to:

  1. Administer the affairs of the Association or Organisation, and prepare the necessary rules, regulations and instructions.

  2. Appoint the staff necessary for the Association or Organisation, to define their job or to terminate their services in accordance with the Provisions of the Law.

  3. Set up committees it deems necessary for the improvement of operations, and to define the competence of each committee.

  4. Draw up the final statement of accounts for the past financial year and the draft budget for the New Year.

  5. Present the annual administrative and financial reports, and any future plans and projects before the General Assembly.

  6. Call the General Assembly to an ordinary or extraordinary meeting session, and implement its resolutions in accordance with the Provisions of the Law.

  7. Follow up any observations presented by the competent Department, Ministry or official quarters regarding the activities of the Association or Organisation, and respond to them.

Comments

In relation to the competence of the Board of Directors, PCHR proposes that Provision 7 of this Article be cancelled because “ the following up any observations presented by the competent Department Ministry or official quarters regarding the activities of the Association” is part of the competence of the Chairperson and is understood from Provision 2, Article 17 which reads “The Chairman of the Association represents it before other parties.” Moreover, if we accept this competence of the Board of Directors, how can they fulfil this obligation if they choose to meet only once every three months, which is the minimum legal requirement according to Article 21.

 

 

Article 19

The competence of the Chairman, the Vice-Chairman, the Secretary, the Treasurer and the rest of the Board of Directors of any Association or Organisation is defined in accordance with its By-Laws and regulations in a manner not contravening the Provisions of this Law.

Comments

No comments.

 

 

Article 20

It is not permissible to combine the membership of the Board and work in return for wages in the Association or Organisation.

Comments

No comments.

 

 

Article 21

  1. The Board of Directors holds an ordinary meeting at least once every three months upon an invitation issued by the Chairman or the Vice-Chairman.

  2. The Board of Directors holds an extraordinary meeting when necessary upon an invitation issued by the Chairman or the Vice-Chairman, or at the request of one third of its members.

  3. The meetings of the Board of Directors are in order upon the attendance of two thirds of its members.

  4. Under all circumstances, the decisions of the Board of Directors are taken by absolute majority.

Comments

This Article does not lay down a mechanism for holding meetings of the Board of Directors if less than two-thirds of the board are able to attend. It is not clear what procedure must be followed in such instances.

We suggest that another provision be added to this Article to clarify this case. For example a General Assembly may be called in the absence of a two-thirds requirement after the failure of two or three proposed meetings with the Board of Directors (This is an idea for discussion).

 

 

Article 22

  1. When it is not possible to convene a meeting of the Board of Directors as a result of resignation or death, the remaining members of the Board of Directors (in their capacity as a transitional committee) take over the tasks of the Board of Directors for a period not exceeding one month, and they call the General Assembly within this same period to elect a new Board of Directors.

  2. In the event of collective resignation, or in the event the transitional committee failed to carry out its tasks as set out in the first paragraph of this Article, the Minister will appoint a transitional committee from among the members of the General Assembly to carry out the tasks of the Board of Directors for a period not exceeding one month, and to call the General Assembly to convene within the same period to elect a new Board of Directors.

Comments

No comments.

 

 

 

Article 23

Formation and Competence

  1. The By-Laws of the Association or Organisation define the manner in which the General Assembly of the Association or Organisation will be established, in a manner not conflicting with the Provisions of this Law, such that it will be made up of all the members who have fulfilled their commitments in accordance with the By-Laws. The General Assembly convenes its ordinary meeting at least once every year to review the report presented before it by the Board of Directors on the activities of the Association or Organisation, and the report of the financial auditor, and any other matters the Board of Directors may include on its agenda.

  2. The General Assembly is competent to draw up general policies and guidelines for the Association or Organisation and to elect the members of the Board of Directors; its decisions are reached by the relative majority of the members present, unless otherwise stipulated in the By-Laws of the Association.

  3. Decisions are taken by the absolute majority of the members of the General Assembly as regards amending the By-Laws, and by a majority of two-thirds of the members of the General Assembly as regards the dissolution of the Association or Organisation, or the introduction of an amendment to its By-Laws related to the purpose of the Association, the dismissal of members of the Board of Directors, or its unification or merger, unless the By-Laws stipulate a greater majority in those cases.

Comments

Parallel to the suggested changes to Article 16 to raise the importance of the principle of election in the formation of the Board of Directors, PCHR suggests a change to this Article and that its Provision 3 be incorporated with Article 25 (see Article 25) because it lacks clarity and contradicts other provisions of this Article. Accordingly, Article 23 should be read as follows:

    1 The By-Laws of the Association define the manner in which the General Assembly of the Association will be established, so that it will be made up of all members who have fulfilled their commitments in accordance with the By-Laws. The General Assembly is competent to draw policies and general guidelines for the Association and to elect the members of its Board of Directors in accordance with its By-Laws.

    2 The By-Laws of the Association define the manner in which the General Assembly holds its meetings. An ordinary meeting should be held at least once every year to review the report presented before it by the Board of Directors on the activities of the Association and the report of the financial auditor on its financial position. to ratify the report and to elect a new board of directors and to appoint the financial auditor of the next new fiscal year, and any other matters the Board of Directors may include on its agenda. One third of the members of the general assembly or more may propose other issues to be included on the agenda of such a meeting.”

Article 24

The Extraordinary Meeting

One-third of the members of the General-Assembly of any Association or Organisation may call for an extraordinary meeting.

Comments

No comments.

 

 

Article 25

The meeting of the General Assembly of the Association or Organisation has quorum upon the attendance of the absolute majority of the members; if the absolute majority is not in attendance the meeting will be postponed to another session to convene within a period not exceeding fifteen days of the date of the first meeting, and the meeting will be in order with the attendance of those present, provided their number is not less than one third the membership of the Association or Organisation.

Comments

PCHR proposes that provision 3 of Article 23 be incorporated with this article as follows:

  1. The whole article be renumbered as provision 1 of the suggested article.

  2. The following provision should be added as provision 2;

    “ Decisions of the general assembly are taken by the absolute majority of its members who attend the meeting in all matters except for those matters related to amending the by-laws or the dissolution of the association or its merger with other associations, where such matters require a special majority, that shall be defined by the by-laws of the association.

     

     

Article 26

Merger and Unification

  1. Two or more Associations or Organisations may merge or unite together, without prejudice to the rights of other parties towards each of these Associations or Organisations before the merger.

  2. The representatives of the Associations or Organisations joining a merger should turn over all their funds and special records to the new Association they have merged into.

  3. The new Association or Organisation is not liable for the commitments of the Associations or Organisations that merged into it, except within the limits of the funds handed over to it by those Associations or Organisations, and rights accruing to it as of the date of merger.

Comments

No comments.

 

 

Article 27

Three or more Associations or Community Organisations may form a single union amongst them, and these Unions may form a General Union amongst them provided joining the General Union is a voluntary undertaking.

Comments

No comments.

 

 

Article 28

Any Association or Organisation may join or be affiliated to any Arab or regional or international Organisation or Union outside the Palestinian Territories.

Comments

No comments.

 

 

Article 29

All procedures and provisions stipulated in this Law as regards manner and procedures of registration, the basic regulations and related statements and their system of work, will also apply to each union concluded among a group of Associations or Organisations or any unified Associations or Organisations established according to its Provisions.

Comments

PCHR proposes that this article be deleted or at least amended. PCHR does not believe it necessary to register or to license a union composed of a number of associations as far as these associations are legitimate and legal. Similar to the suggested changes regarding the wavering of restrictions imposed on the registration of the association, an administrative procedure to inform the gov about such a union should be sufficient.

 

 

Article 30

Every Association or Organisation should have an annual budget supervised by a legal account, unless its expenditure is less than 1000Jordanian Dinars or the equivalent in the currency legally in circulation, and in each case the auditor presents a report on the financial position of the Association or Organisation for the past financial year to the General Assembly at its annual meeting for its approval and ratification.

Comments

No comments.

 

 

Article 31

The Association or Organisation should deposit its cash funds under its own name in an accredited bank, and inform the competent Ministry of the depository party; the Association or Organisation may not keep in its holding cash funds exceeding the expenditure of the Association for one month.

Comments

No comments.

 

 

Article 32

In a manner not contravening the provisions of this law, Associations or Organisations may receive unconditional assistance to serve their work.

Comments

No comments.

 

 

Article 33

Associations or Organisations may collect contributions from the public, or by organising parties, charity bazaars, and sports competitions, or other means of collecting funds for the social purposes for which they were established, and to inform the competent Ministry.

Comments

No comments.

 

 

Article 34

In accordance with the Provisions of the Law:

Any foreign Association or Organisation may submit a request to the Minister of the Interior to open one or more branches of the Association or Organisation in the Palestinian Territories to carry out any social services, provided these services are compatible with the developmental priorities of Palestinian society, and provided the request includes the name of the foreign Association or Organisation, its main headquarters, address, names of founders and members of its Board of Directors, its main purposes, and the names of the persons in charge of the proposed branch and their nationalities, and the manner in which the funds of the branch will be disposed of upon the dissolution of the branch or the liquidation of its operations or its withdrawal, and this will not exceed a period of two months from the date of the submission of the request.

Comments

No comments.

 

 

Article 35

The persons responsible for any of the branches of the foreign Association or Organisation should inform the Ministry of Interior of any changes involving the information specific to the branch they are managing within a period not exceeding one month of the date of the change.

Comments

No comments.

 

 

Article 36

Every branch of the foreign Association or Organisation presents to the Ministry a periodic report covering all its activities, including the funds spent to achieve its objectives.

Comments

No comments.

 

 

Article 37

The Association or Organisation is dissolved in the following conditions:

  1. A decision taken by the General Assembly to dissolve the Association of which the Ministry should be promptly informed.

  2. If it (the Association or Organisation) does not commence its actual operations within the first year of its date of registration or of obtaining its license, unless the inactivity is the result of circumstances beyond the control of the Association.

  3. If proven that it (the Association or Organisation) has committed a substantive violation of its By-Laws, and has not rectified its conditions within a period not exceeding three months as of the date of notification to that effect by the Minister or the Department.

Comments

Regarding the dissolution of the association if it does not commence its actual operations within the first year of its date of registration, the association should be warned about its status prior to its dissolution. Provision 2 of this article should be read as follows:

    “ If the association does not commence its actual operations within the first year of its date of registration or of obtaining its license, unless the inactivity is a result of circumstances beyond the control of the association.” If the association does not commence it activities in such cases, the association will be dissolved unless it commences its opewithin 2 months of receiving a written warning from the ministry.”

    In such an amendment, the association is given a chance to correct its status and its internal position otherwise there will be no justification for its presence.

     

     

Article 38

  1. In the event that a decision is issued by the Minister to repeal the registration of any Association or Organisation, it (the decision) should state the causes and be written, and the Association or Organisation has the right to contest the decision before the competent court.

  2. If a decision to dissolve an Association or Organisation is contested before the competent court, the Association or Orgaisation may continue its work until a temporary or final judicial decision is issued to halt its activities or to dissolve it.

Comments

No comments.

 

 

Article 39

  1. In a manner not contrary to the provisions of this Law, in the event that an Association or Organisation is dissolved, a waged liquidator is appointed who prepares an inventory of its funds and assets so that they may be dispensed with in accordance to the procedures drawn up in its By-Laws; in the event that the By-Laws make no reference to the manner in which the funds (of the Association or Organisation) will be dispensed, the Ministry will transfer the funds of the dissolved Association or Organisation to Associations and Organisations of a similar purpose, taking into account the pensions and allowances and rights of the employees of the dissolved Association, and these would be exempted from the transfer.

  2. In the event that an Association or Organisation is dissolved, all its monetary and in-kind funds and assets will be transferred to a Palestinian Association similar in its objectives, to be named by the dissolved Association or Organisation.

  3. Under all circumstances, the funds and assets of the dissolved Association or Organisation should be spent in accordance with its purposes within the borders of the Palestinian territories.

Comments

No comments.

 

 

Article 40

While adhering to the Provisions of this Law, it is the duty of Associations and community Organisations that provide specialised professional services to implement the professional registration instructions specified by the competent Ministries.

Comments

No comments.

 

 

Article 41

It is not permissible to take possession of the finances of any Association or Organisation, or to close or conduct a search of its headquarters or any of its premises or branches without an order issued by a competent judicial quarter.

Comments

No comments.

 

 

Article 42

Every Association or Organisation that was licensed and came into effect before this Law is considered to be officially registered, provided it adapts its conditions in accordance with the Provisions of this Law within a period not exceeding nine months of its coming into effect, and otherwise it will be considered in contravention of the Provisions of the Law.

Comments

No comments.

 

 

Article 43

The Ottoman Law of Charitable Organisations issued on 29 Rajab 1327 A.H. and the Law of Charitable Organisations Number 33 for the year 1966 effective in Palestine, and any provisions contravening the Provisions of this Law, are hereby repealed.

Comments

According to this article, both the Ottoman law of charitable Organisations of 1907, which is valid in the Gaza Strip and the law of charitable Organisations no33 of 1966, which is valid in the West Bank are repeled. PCHR understands that in case of promulgating this law it will be applicable only to a certain category of the Palestinian NGOs; it will be applicable to only associations based on membership. It is noteworthy to mention that the projected law will not be applicble to other NGOs, which are not refistered in accordance with the repeled laws. Many of these NGOs are registered and operate legally as non profit making companies they are organised by other kinds of laws and they are not based on membership. PCHR believes that such Organisations shall not be affected by the new law and demands that other laws (such as the law of non-profit making companies be renewed nd modernised to meet with the nature of such Organisations and in a way that promotes its independence and professionalism).

 

 

Article 44

The Minister will issue the forms necessary for the implementation of the Provisions of this Law.

Comments

No comments.

 

 

Article 45

All parties, each in its field of competence, should implement the Provisions of this Law, and comply with them immediately after their publication in the Official Gazette.

Comments

No Comments.

 

The English version of this draft law was prepared by the Network of Palestinian NGOs.

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