2020-09-05

West Bank and Gaza Strip

West Bank / Gaza / Announcement / position paper

The declaration of a state of emergency for the fourth time is a confirmation that it has become a long-term state

The declaration of a state of emergency for the fourth time in a row proves that it has transformed into a long-term permanent state of derogations from the provisions of the Basic Law, endangering and restraining human rights, and promote detention against the background of expression of opinion or performance criticism.

The new declaration is an expression of a formal determination to establish the security and unilateralism approaches and to prevent the exercise of the right to participate in public life contrary to the rule of law and the declaration of independence. In conjunction with the mentioned declaration, a number of decree-laws were issued, termed “Decisions on increasing penalties”. This confirms that the state of emergency did not commit to achieving the goal for which it was declared in the first place, which is to confront the Coronavirus epidemic. Rather, it overstepped that goal and abused the state of emergency to issue a number of decree-laws, which were and still are subject to societal criticism.

Every time the state of emergency was renewed, MUSAWA was keen to clarify the risks involved in declaring a state of emergency and point out how such action violates the values and principles of the constitutional provisions and international commitments, particularly that the constitution contains adequate provisions to manage such situation. MUSAWA has repeatedly warned against turning the state of emergency into a long-term state that would tear those provisions apart, undermine those commitments, threaten the factors of stability, and silence the opponent voices, which would pave the way for a state of chaos that could threaten the state’s unity, security, and its political, national and social future.

The state of emergency shall be abolished immediately, the citizens’ right to expression and participation shall be promoted, and the respect for Basic Law and the Declaration of Independence shall be restored.

Rather than renewing the state of emergency and increasing the penalties, an electoral decree shall be announcing the date of legislative and presidential elections, since holding elections is the ideal way to respond to crises and to enhance confidence and stability.

Issued on 5/9/2020

MUSAWA