Annual Report - Palestinian Center for Human Rights

Violation of the Right to Freedom of Expression
2005 witnessed a serious deterioration in violations against Palestinian civilians’
rights to freedom of expression and to peaceful assembly. These violations were not
limited to those made by official institutions. They extended to include dangerous
violations perpetrated by armed groups and individuals, as a result of the ongoing
security chaos and proliferation of small arms. As previously stated, the most notable
form of security chaos was the kidnapping of internationals, especially journalists, in
an attempt to force the PNA to fulfill private or political demands.
On the legal front, the year 2005 did not see any developments on the legal
framework governing the exercise of freedom of expression in the PNA areas. The
laws and decrees issued by the PNA restricting this right remained effective.
Although the Palestinian Constitution, the Basic Law amended in 2003, guarantees
the right of freedom of expression, this right continues to be restricted. The
publication's law issued by a Presidential Decree in 1995, prior to establishing the
PLC, remains effective. This law has not been presented to the PLC for review or
amendment. In addition, Presidential Decree #3 of 1998, on strengthening national
unity and preventing incitement, is still effective. On 21 July 1998, President Arafat
ordered that this decree be renewed. It is noted that this decree is a dangerous
infringement on the right to freedom of expression and places additional restrictions
on the exercise of this right. In this regard, PCHR calls upon the PLC to review the
publication's law for the year 1995 and to amend it. In addition, the Centre calls for
cancellation of all decisions and decrees that violate the Basic Law and other relevant
international conventions.
The Palestinian Ministry of Interior issued a number of decisions and statements,
which breach general freedom of expression and particularly place restrictions on
journalists, including:
- Announcement by the Ministry of Interior and National Security on 29 June
2005, which requested that all media organizations refrain from using terms
such as security chaos and weapons chaos. The Ministry considered these
terms to have catastrophic political implications on the image of the
Palestinian people internationally, on the legitimacy of its just struggle and
also on the ability of the PNA to rule, by putting the PNA’s international
legitimacy under question.
- Announcement by the Ministry of Interior and National Security on 2 July
2005, stressing the necessity of obtaining prior permission from the Ministry
before taking photographs of members of Palestinian security forces, while
they are carrying out certain operations.
- Statement issued by the Ministry of Interior and National Security on 4 July
2005 entitled, “Call to Journalists to Deal with Palestinian Issues Objectively.”
It called upon journalists and media organizations to stop all forms of
subjective handling of Palestinian issues. It warned journalists against
“politicization” and working to serve narrow political interests.
- Statement issued by the Ministry of Interior and National Security on 16 July
2005 entitled, “The Ministry of Interior and National Security will not Stand
Idle against Slander, Charges of Treason and Charges of Betrayal.” The
statement stressed the Ministry’s rejection of the “war of slander, charges of
treason and charges of betrayal waged by Hamas and its media against
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