Press Release

2 September 1999

Al-Haq, the West Bank affiliate of the International commission of Jurists, regards the enactment of the NGO Law, with the proposed amendment, as a violation to both the Standing Orders of the Palestinian Legislative Council and basic principles of parliamentary democracy.

On December 27, 1998, the Palestinian Legislative Council ratified the Law of Charitable Association and Community Organisations (hereinafter 'the Law'). Thereafter, pursuant to Article 70 of the Standing Orders of the Palestinian Legislative Council, the ratified law was forwarded to the President of the Palestinian National Authority. The President returned the unsigned ratified law to the PLC on April 10, 1999 accompanied by a proposed amendment to the draft law. Subsequently, on May 25, 1999 the PLC voted 38 to 12 to reject the proposed amendment recommended by the President.

On August 12, 1999 during a recent session of the PLC, the Speaker of the PLC announced that the Council's voting on the NGO Law was conducted properly, and in accordance with the correct procedures. However, the Speaker announced that the result of the PLC's voting was not sufficient to challenge and overcome the objection submitted by the President of the Palestinian National Authority, who requested that the ratified NGO Law be amended to provide that the Ministry of the Interior shall be charged with registering NGO's, and not the Ministry of Justice, as provided for in the ratified law passed by the PLC. Accordingly, the Speaker announced that the NGO Law would go into effect with the President's proposed amendments.

Article 71 of the Standing Orders of the Palestinian Legislative Council discusses the procedures for the enactment of laws after they have been ratified by the Palestinian Legislative Council. Paragraph (A) of Article 71 provides that the President of the Palestinian National Authority shall either approve a ratified law within one month after the ratified law has been forwarded to him or the President shall return the ratified law to the PLC within one month, accompanied by his comments or justification for his rejection of the ratified law.

Paragraph (B) of Article 71 provided that if the President returns the ratified law to the PLC with comments, it shall be re-discussed by the PLC. The ratified law must then be approved by an absolute majority of the PLC, to be enacted into law and published in the Official Gazette. Under paragraph 10 of Article 1 of the Standing Orders, an absolute majority of the PLC is defined as "50% plus 1 of all PLC members."

Paragraph (B) of Article 71 does not specifically state that this vote is a vote on the ratified law, as proposed to be amended by the President. However, it is implicit in reading the entirety of Article 71, that this vote is on whether to accept the President's proposed amendments as part of the ratified law.

Article 71 does not require an absolute majority of the PLC to reject the President's proposed amendments of a draft law. Instead, it requires that an absolute majority of the PLC must approve the President's proposed amendments for those amendments to go into effect. Otherwise, a law could take effect that contains amendments that were not approved by a majority of the PLC. In the voting by the PLC on the amendments proposed by the President, 38 members of the PLC voted to reject the President's proposed amendments while only 12 voted in favour of the proposed amendments. Consequently, the draft law, as proposed to be amended by the President, did not receive an absolute majority vote of the PLC and thus, under the Standing Rules of the PLC, those amendments should not take effect.

The basic principle of a parliamentary democracy is that of a majority rule and majority vote. The whole idea of popular self-government rests upon that principle. If the Standing Rules of a parliamentary body require a majority vote of the entire membership, or of all members present, to take particular action, then a vote of less than that number is not sufficient.

Consequently, because the amendments to the NGO Law proposed by the President did not receive the approval of an absolute majority of the PLC, the enactment of the NGO Law with this proposed amendment violates both the Standing Orders of the Palestinian Legislative Council and general principles of parliamentary practice.

Al-Haq views with grave concern these developments, which undermine the very foundation of the rule of law. The implications of this move must not be underestimated. The Executive Authority is creating a precedent for future passage of laws as well as reducing the integrity of the Palestinian Legislative Council and its importance in maintaining the rule of law in Palestine.