NGO Law Monitor: Palestine
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
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Last updated 19 December 2011
Introduction
In any comparative study of governments and laws, Palestine represents an exceptional case for a number of reasons. But Palestine’s unique history has in many ways proved conducive to the development of a vibrant and active civil society, by both regional and global standards.
The earliest Palestinian NGOs formed during the British mandate and focused generally on grassroots promotion of the nationalist struggle. After 1948, a large variety of organizations were formed on behalf of women, students, doctors, and others. Though formed earlier than the Palestinian Liberation Organization (PLO), many of these organizations worked with it or on its behalf in the project of building the state of Palestine. Because the PLO did not constitute a fully sovereign state, Palestinian NGOs were able to operate with a relatively free hand in seeking funding from regional and international donors, such as the wealthier Arab states and the World Bank. By 1994, when the Palestinian National Authority (PNA) began operation, these NGOs had a long history of providing many essential social services and working in the absence of the kinds of restraints typically imposed on NGOs in the Middle East.
But the PNA immediately attempted to assert the heavy-handed control over NGOs that was common in most Arab states, especially the neighboring states of Egypt and Jordan. Relations between the PNA and Palestinian NGOs declined precipitously. When the PNA produced a draft NGO law modeled on the highly restrictive Egyptian law, the reaction of Palestinian NGOs was swift and well-organized. Palestinian NGOs mounted a successful campaign domestically and, perhaps most effectively, used the international connections made in their long history to get donor states and international agencies – which provided the bulk of the PNA's funding – to pressure the PNA. After a protracted struggle between the PNA and the highly organized and well-connected Palestinian civil society sector, the NGOs won what has been termed “a near total victory.” The NGO law, finally passed in 2000, was for many years the most liberal and least restrictive NGO law in the Middle East.
Unfortunately, the continuing effects of Israeli occupation, combined with the degradation of Palestinian institutions of state since the formation of the PNA, has resulted in uneven and arbitrary application of the Palestinian NGO law (and indeed the rule of law generally). The split between Fatah and Hamas that took place in the wake of the 2006 parliamentary elections resulted in a de facto separation between the West Bank and the Gaza Strip. Arbitrary punitive acts, including the forced dissolution of NGOs or replacement of their boards, have been reportedly undertaken in the West Bank against Hamas-affiliated NGOs and in the Gaza Strip against Fatah-affiliated NGOs.
Although Hamas and Fatah have negotiated a reconciliation agreement as of June 2011, it remains unclear what effect this agreement may have on the NGO sector.
At a Glance
| Organizational Forms | "Charitable Organizations" (Associations) and "Community Foundations" (Foundations) |
| Registration Body | The NGOs Department of the Ministry of the Interior |
| Approximate Number | West Bank: 2,100 Gaza Strip: 899 (2009 est.) |
| Barriers to Entry | Mandatory registration |
| Barriers to Activities | n/a |
| Barriers to Speech and/or Advocacy | n/a |
| Barriers to International Contact | n/a |
| Barriers to Resources | n/a |
Key Indicators
| Population | West Bank: 2,568,555 (July 2010 est.) / Gaza Strip: 1,657,155 (July 2011 est.) |
| Capital | Ramallah |
| Type of Government | Republic |
| Life Expectancy at Birth | Male: West Bank: 72.97 years / Gaza Strip: 72.72 years Female: West Bank: 77.17 years / Gaza Strip: 75.68 years (2011 est.) |
| Literacy Rate | Male: 96.7% Female: 88% |
| Religious Groups | West Bank: Muslim: 75% (predominately Sunni); Christian and Jewish: 25% Gaza Strip: Muslim: 99.3%; Christian: 0.7% |
| Ethnic Groups | Palestinian Arab |
| GDP Per Capita | $2,900 (2008 est.) |
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2011.
International Rankings
| Ranking Body | Rank | Ranking Scale (best - worst possible) |
| UN Human Development Index | 97 (2010) | 1 – 182 |
| World Bank Rule of Law Index | 49.3 (2009) | 100 – 0 |
| World Bank Voice & Accountability Index | 25.6 (2009) | 100 – 0 |
| Transparency International | not ranked (2010) | 1 – 180 |
| Freedom House: Freedom in the World | Status: Not Free Political Rights: West Bank: 6 Gaza Strip: 6 Civil Liberties: West Bank: 5 Gaza Strip: 6 (2010) |
Free/Partly Free/Not Free 1 – 7 1 – 7 |
| Foreign Policy: Failed States Index | Rank: 53 (2010) | 177 – 1 |
Legal Snapshot
International and Regional Human Rights Agreements
Note: Although Palestine is recognized as a full member of the League of Arab States and has received “observer” status at the United Nations, it is not yet recognized as a “state” by the UN and thus cannot sign, ratify, or accede to any international treaty.
| Key International Agreements | Ratification* | Year |
| International Covenant on Civil and Political Rights (ICCPR) | n/a | -- |
| Optional Protocol to ICCPR (ICCPR-OP1) | n/a | -- |
| International Covenant on Economic, Social, and Cultural Rights (ICESCR) | n/a | -- |
| Optional Protocol to ICESCR (OP-ICESCR) | n/a | -- |
| International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | n/a | -- |
| Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | n/a | -- |
| Optional Protocol to the Convention on the Elimination of Discrimination Against Women | n/a | -- |
| Convention on the Rights of the Child (CRC) | n/a | -- |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) | n/a | -- |
| Convention on the Rights of Persons with Disabilities (CRPD) | n/a | -- |
| Key Regional Agreements | Ratification* | Year |
| Arab Charter on Human Rights | Yes | 2007 |
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
Palestine's temporary constitution, the Basic law, was passed by the Palestinian Legislative Council in 1997 and ratified by President Yasser Arafat in 2002. It was amended in 2003 and in 2005. Freedom of association is guaranteed by Article 26(2), which states that all Palestinians have the right, both individually and in groups, "to form and establish unions, associations, societies, clubs and popular institutions in accordance with the law."
National Laws and Regulations Affecting Sector
Relevant national legislation includes the following:
The Law on Charitable Associations and Community Foundations (Law 1 of 2000).
Pending NGO Legislative / Regulatory Initiatives
It has been reported that the Ministry of the Interior is preparing to issue proposed amendments to the Law 1 of 2000. However, as of this writing, no proposed amendments have been made public. If you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.
Legal Analysis
Organizational Forms
Although Palestinian law refers to both "charitable organizations" and "community foundations," only the legal form of an "association" is defined. According to Law 1 of 2000, "associations" are any institution with "independent legal personality, established upon an agreement concluded among no less than seven persons to achieve legitimate objectives of public concern, without aiming at attaining financial profits to be shared among the members or achieving any personal benefits."
Public Benefit Status
There is no public benefit status defined in Law 1 of 2000. However, all registered associations are exempted from taxes and customs duties.
Barriers to Entry
Registration is mandatory for associations operating in Palestine. However, the procedure for licensing requires only that the applicant submit three copies of the association’s bylaws along with an application form provided by the Ministry of Interior. The Ministry of Interior must issue a decision accepting or denying the application within two months. If no decision is made within that period, the association is considered registered by law.
Rejections of a registration application must be made in writing and must specify the reasons. However, as the Euro-Mediterranean Human Rights Network reported in 2009, “a multitude of decrees, decisions and instructions have been issued by the PNA… that are entirely contradictory… to the regulations of the Law of Charitable Associations and Community Organizations in particular. For instance, the Presidential Decree No. 16 of 2007 granting the Minister of Interior the power to review all licensing certificates, Council of Ministers Resolution No. 8 of 2007 regarding associations engaged in activities that are against the law, and the Minister of Interior’s Decision No. 20 of 2007, according to which associations are obliged to refer to security agencies for the completion of registration procedures. Registered associations in Gaza are subject to security checks and must present a certificate of good conduct and a clean criminal record for all their members; this has become a prerequisite for registration at the MoI of [the West Bank Government as well].”*
*Euro-Mediterranean Human Rights Network, Freedom of Association in the Euro-Mediterranean Region 2009, p. 68.
Barriers to Operational Activity
Palestinian law places virtually no limitations on the rights of an association. Associations are free to engage in public policy debates, raise funds from foreign and domestic sources, and merge and dissolve without government interference. Associations can affiliate with foreign or domestic organizations without seeking prior permission, and foreign associations are free to establish branches in Palestine so long as approval is given by both the Ministry of the Interior and the Ministry of Planning and International Cooperation.
Barriers to Speech / Advocacy
There are no barriers to speech or advocacy contained in Law 1 of 2000.
Barriers to International Contact
There are no barriers to international contact defined in Law 1 of 2000. However, foreign associations must secure the approval of both the Ministry of the Interior and the Ministry of Planning and International Cooperation before opening any branches in Palestine.
Barriers to Resources
Associations are free to raise funds from foreign and domestic sources without seeking prior approval or otherwise notifying the Ministry of the Interior.
Reports
| UN Universal Periodic Review Reports | Not available |
| Reports of UN Special Rapporteurs | Occupied Palestinian Territories |
| USIG (United States International Grantmaking) Country Notes | Not available |
| U.S. State Department | 2010 Country Reports on Human Rights Practices: Israel and the occupied territories |
| Failed States Index Reports | Not available |
| IMF Country Reports | Not available |
| International Commission of Jurists | Not available |
| International Center for Not-for-Profit Law Online Library | Palestine |
News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
HRW: Policy on Palestinian residency ‘arbitrary' (February 2012)
Israeli government policies regarding Palestinian residency have stripped thousands of Palestinians of the ability to live in the West Bank or Gaza with their families, and severely restricted their movement between the two territories, the NGO Human Rights Watch said in a report issued Sunday. In the 90-page report, entitled “Forget about Him, He’s Not Here,” the NGO states that Israel “has used Palestinians’ residency status as a tool to control their ability to reside in, move within, and travel abroad from the West Bank, as well as to travel from Gaza to Israel and the West Bank.” (Read more)