“The SCA continues to acknowledge the specific circumstances of the Palestinian Authority and the fact that a draft law that was submitted in 2005 was not able to be adopted as a result of the disruption of the activities of the Palestinian Legislative Council.
The SCA commends the efforts made by the ICHR to advocate for the passage of legislation to elaborate its functional mandate. It notes that the draft legislation had been prepared and submitted to the Palestinian Legislative Council in 2005, before the disruption of its activities in 2007. The SCA notes that Article 31 of the Constitution of the State of Palestine (the Basic Law) provides for the establishment of the ICHR, as well as Article 2 of the Presidential Decree of 1995 stipulating that the ICHR will lay down its constitution, laws and basic regulations, which govern its work, in a manner that would ensure its independence and effectiveness. The SCA recognizes that the ICHR has passed bylaws that provide detail of its functions and powers as an interim measure.
An NHRI must be established in a constitutional or legislative text with sufficient detail to ensure the NHRI has a clear mandate and independence. In particular, it should specify the NHRI’s role, functions, powers, funding, and lines of accountability, as well as the appointment mechanism for, and terms of office of, its members. The establishment of an NHRI by other means, such as an instrument of the Executive, does not provide sufficient protection to ensure permanency and independence.
However, the SCA acknowledges the ICHR’s implementation and observance of its 2015 bylaws, which, in the view of the SCA, establish a sufficiently detailed mandate and functions in lieu of the adoption of the draft enabling legislation.
The SCA encourages the ICHR to continue to engage with the Palestinian Authority for the adoption of an enabling law in line with the Paris Principles, once the Palestinian Legislature is operational.”