ICSPR early retirement for public servants and military personnel will increase the deterioration of human rights situation especially in Gaza Strip
International Commission to Support Palestinian Rights ICSPR followed with deep concern of the enforcement and implementation of both resolution no. (9) of 2017 about the early retirement of the Palestinian security forces, that was published in the Journal number 132, and the other resolution without number of 2017, about the early retirement of civilian staff.
Where the provisions of the resolution of the early retirement of the Palestinian security forces shall apply to the officers and noncommissioned officers of the Palestinian security forces under the law of service in the Palestinian security forces No.(8) of 2015 in accordance with the first article, while the provisions of the resolution shall apply relating to the early retirement of civilian staff to all civilian staff in the state of Palestine, including the staff of the diplomatic corps, in accordance with article 1, while the second article states that the Council of Ministers may refer any employee to early retirement of the placement of his constituency.
The resolutions mentioned above, issued by President Mahmoud Abbas, transmitted by the Council of Ministers, after the examination of the Council member’s, after the split for issuing this – the extraordinary decisions, On the basis of article (43) of the Basic Law, which allows the president to issue such decisions in cases of necessity, which does not tolerate delays in the roles of the Legislative Council, it should be noted that ICSPR reserves on all laws issued during the era of division, It confirms that the decisions of the early retirement and other laws lack urgency and necessity, it’s politicized decisions and it violates the Palestinian basic law and international human rights standards.
The issuance and implementation of these decisions is not the first step in this regard, but it was preceded by many governmental decisions by Dr. Rami Hamdallah on 4/4/2017, the deduction from the salaries of employees in Gaza Strip for the month of March 2017, in varying proportions of their salaries ranging from 30 to 60 percent of salary, in addition to cut the salaries of dozens of employees on charges (misdemeanor and lack of commitment to legitimacy), and recently had cut salaries (543) of Al-Aqsa University employees in Gaza, without any prior notice, and then had their salaries like the others. It has also cut salary for May 2017, for approximately (277) of ex-prisoners in Gaza and West Bank, without being informed of the reasons for this decision. As the government of reconciliation in its meeting on June 6, issued a resolution to refer the security forces in the southern governorates (Gaza Strip) 2017 to early retirement, and the decision to refer (6145 employees) from the southern governorates (Gaza Strip) to early retirement.
It was accompanied by such decisions, taking into account, other decisions by the Presidency and the Palestinian government, including: the deliberate slowdown of medical transfers and the supply of medicines for chronic diseases for Gaza Strip patients’, and reduce the supply of electricity to Gaza Strip through the Israeli lines, stopping the supply of industrial fuel to the only power station in Gaza, and blocking of websites by the Prosecutor General, and impeding the financial allocations for some civil associations, the Palestinian presidency tried to justify such decisions, laws and procedures, as temporary and came to restore national unity and forcing Hamas to resolve administrative governmental committee.
International Commission to Support Palestinian Rights ICSPR considers all these resolutions, laws and procedures taken by the Presidency and the government an arbitrary actions and decisions, a form of collective punishment, and scandalous manifestations of discrimination on the basis of political and geographical basis, it is considered a flagrant violation of the Basic Law, and international conventions on human rights, and demolition of the separation of powers principle, overcome by the executive authority on all other authorities.
International Commission to Support Palestinian Rights ICSPR reaffirming the illegality these decision’s, both civilian and military, especially that these decisions does not achieve any public interest, but it is clearly came to achieve political goals at the expense of law and employees’ rights who did not get their bonuses, despite the lack of their presence on top of their work was under a presidential and governmental, ICSPR declares its full solidarity with the employees who retiring early and their families, urges them to move in a peaceful and lawful to protest the actions and decisions, and declare its readiness to receive complaints of the affected employee to be submitted to various international forums, ICSPR recorded and demands the following:
ICSPR confirms that the decisions of early retirement under the racist government policy aiming Gaza Strip employees and their families mainly, the idea of retirement based on social protection contradict the preservation of the dignity of citizens and their families.
ICSPR confirms the illegality of these decisions issued by the President, not only because they do not respond to the requirements of necessity but also as a clear violation of the Palestinian Basic Law and the national that organize the civil service and service in the security forces, and the amended retirement law no. (7) of 2005.
ICSPR warns form the risks of the implementation of the law early retirement on both of the services offered by the ministries of health and education in Gaza Strip, which will create a new crisis in the sectors of education and health in Gaza Strip, the citizen will pay the price for it.
ICSPR consider referring civilian and military employees to early retirement and receive a in the best cases from 40% to 60% of their monthly salaries, means dumping these employees and their families to the roadside in poverty, marginalization and destitution, is incompatible with the obligations of the national authority under the relevant laws and the International Covenant on Economic, Social and Cultural Rights.
ICSPR hold the legal, ethical responsibility to the president and the Palestinian government the consequences of these decisions and collective punishments, and it demands immediately rescind of the decisions, and cancel all of the punitive actions against Gaza Strip, including the removal of all the consequences of the decisions of early retirement, to ensure the harmonization of the decisions with legal standards, as it constitute serious violations in accordance with article 32 of the Palestinian Basic Law.
ICSPR warns of the collapse of the Palestinian legal system, the principles of the rule of law and the protection of human rights, ICSPR calls the Presidency and the Palestinian factions to ensure the completion of national reconciliation through a comprehensive national dialog with the various components of the social and political spectrum and the formation of a national unity government to pave the way for presidential and legislative elections, in order to rebuild the political system on the basis of the political partnership, the rule of law and protection of the rights and fundamental freedoms.
ICSPR calls the official authorities and all concerned parties in the Palestinian society, the international community and international humanitarian organizations to intervene in order to take the necessary measures to stop collective punishment and arbitrary decisions against the citizens of Gaza Strip, and to prevent the collapse of service sectors and to find solutions to humanitarian crises.