Using Law as an Instrument of Domination and Violating the Right of Assembly: The Story behind the Palestinian NGOs’ Quest for Independence

Abstract

This article explores the position of the successive executive powers that have ruled over the occupied Palestinian territory toward the right of association, analyzing the regulations and practical measures they introduced. The governance of these authorities was undemocratic, resulting in abuses of legislative power with a view to constraining the right to assembly and to dominating ngo s, starting with incorporation and ending with dissolution. Despite an ongoing struggle for operational independence, ngo s have been under the control of the Palestinian ruling political parties in the West Bank and the Gaza Strip since 2007. Throughout this period, elected formal oversight bodies have been lacking. While Fatah monopolizes government of the West Bank, Hamas takes exclusive possession of the administration of the Gaza Strip; each party has fought against the ngo s aligned with its rival. The ruling regimes have also exploited shortfalls and gaps in some regulations in order to undermine and weaken the role of ngo s in issues of public concern.