| The Draft Law on Political Parties |
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| Tuesday, 22 July 2008 18:28 |
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Submitted by AMAN (Coalition for Integrity and Accountability) To the Palestinian Legislative Council This draft law was accepted and endorsed as a good model for laws governing Arab political parties 1. Definitions Article (1) The following words and expressions shall indicate the meaning opposite to each unless the context otherwise stipulates: The Party: Any political structure formed of a group of Palestinians to participate in the political life and to achieve aims related to political, social, economic, and cultural affairs using legitimate means to achieve power circulation. Authority: The Palestinian National Authority Ministry Ministry of Justice Registrar The employee responsible for registering political parties at the Ministry of Justice 2. Political Parties and the Existing Palestinian Political Movements Article (2) The political parties and movements represented at the Palestinian National Council and those active in Palestine when this law enters into forces are considered legal and registered parties and movements subject to the provisions of this law. They shall correct their status according to the law within a period of one year as of the day the law enters into force. 3. Rights, Duties and Protection granted to Political Parties Article (3) All licensed parties have equal legal rights. The law shall guarantee protection of political parties and their legitimacy. Political parties shall respect the principles of political and party pluralism. They shall respect freedom of thought, expression and opinion. They shall respect the principle of power separation and the Palestinian rule of law by preserving the independence of the state, its security and its national unity. There should be no discrimination among citizens on the bases of origin, gender, religion, social status, private property or economic level. Article (4) Political parties shall respect the principle of peaceful circulation of power through free and direct general elections. They shall resolve conflicts through dialogue. Article (5) Political parties shall have the right to have their own printed and audio-visual media outlets to promote their ideas. Article (6) Political parties shall have the right to establish relations and contacts with established parties according to the laws in force inside Palestine and to the laws of the countries where these parties are registered. Article (7) Official mass media outlets shall equally grant political parties the right to express their points of view and to reach out to the public. Article (8) 1. The premises of political parties, their documents, their correspondences, and their communication means are protected by the law. They shall not be monitored, controlled, violated or confiscated without a prior judicial decision. 2. The premises of political parties shall only be raided in two cases: evidenced crime or in the act of committing a crime or other reprehensible act and on the condition of obtaining a prior court decision and with the attendance of the district attorney and a representative of the party. If the representative refuses to attend, his refusal shall be documented in the investigation minutes prepared with the attendance of two witnesses. 3. Any violation to the provisions of paragraph 2 above shall annul the investigation and the violator shall be morally and criminally accountable for his violation. 4. Membership of political parties Article (9) Every male of female Palestinian shall have the right to join a political party upon his/her own free will. No male or female Palestinian shall have the right to be a member of more than one party at the same time. Article (10) Political parties shall adopt democratic principles in their internal structures and relations and in their relations with others based on the following principles: 1. Democratic membership rules shall be the only source of political rights and duties. 2. Membership of political parties shall be open to all citizens without any discrimination. 3. Relations between members of political parties shall be organized according to the parties' internal bylaws which shall respect the following principles: a. Equality among all members of the party b. Circulation of power according to free and transparent periodic electoral mechanisms. 5. Registration of Political Parties Article (11) The ministry of justice shall be the official body responsible for the registration of political parties. Article (12) A department shall be established at the ministry and shall be named the "Political Parties' Registration Department". It shall be presided by an official employee in the status of general director. His title shall be "political parties' registrar". 6. Basic laws of Political Parties Article (13) The basic law of a political party shall include the following information: 1. The full name of the party and its initials (in case there are initials) 2. The logo of the party 3. The address of the party which shall not be hosted at any public, private, charitable, religious or educational premises 4. The principles of the party and the aims it seeks to achieve 5. Membership conditions and procedures for joining the party 6. The rights and duties of the member 7. The financial system of the party, sources of funding and means of making use of these funds 8. Internal auditing and monitoring procedures of the party 7. Procedures of Registration Article (14) The political party registration application shall be submitted to the department signed by founding members together with the following data and documents: 1. Three copies of the basic law of the party signed by the founding members 2. A list of names of founding members 3. Guiltlessness Certificate for each founding member Article (15) 1. If the registration application does not include all needed documents according to the law, the registrar may ask the party which submitted the application to provide him with the missing documents during two weeks as of the day of submitting the application. If these documents are not submitted, the party shall not be considered as registered. 2. The party shall be considered as registered upon submitting the full data and documents required by the law. It shall practice its activities after two weeks and shall obtain a certificate of this signed by the minister of justice. The registration certificate shall be published in the official gazette. Any changes that might affect the legal structure of the party shall also be published. 8. Conditions, Numbers and Qualities of Founding Members Article (16) The members of founders of any new political party shall not be less than twenty and they shall fulfill the following criteria: 1. Eighteen years old 2. At least 5 years have elapsed as of the date of his holding the Palestinian nationality 3. Enjoys his full legal and civil rights 4. Not convicted with a criminal act or otherwise infamous crime, felony or other crimes involving moral turpitude (except for crimes of political nature) unless all charges against him were dropped and his civil rights were preserved 9. Procedures for Contesting and Challenging Registration Article (17) The registrar shall have the right to contest the registration of a political party within a period of one month as of the date of publishing the registration certificate of the party in the official gazette. Article (18) Every citizen shall have the right to contest, in the court of law, the registration of any political party, within one month as of the date of publishing the registration certificate of the party in the official gazette unless the court has already issued a decision with this regard. 10. The dissolving of a political party Article (18) Political parties, after declaring their registration, shall have their legal status. They shall not be dissolved and their leadership can only be dissolved according to the basic law of the party or by a decision to be taken by the higher court of justice. Article (20) The court shall be entitled to dissolve the party upon a lawsuit to be filed by the registrar in cases where the party violates major articles of the constitution, the law and major provisions of its basic law. Article (21) The higher court of justice shall be the body responsible for examining all contests and procedures related to political parties. 11. Funds of Political Parties Article (22) The funds of the political party shall consist of the following: 1. Membership fees and charges 2. Unconditional donations and grants 3. The share of the party from amounts budgeted for political parties in the budget of the Palestinian National Authority 4. Income attained from investing its funds in commercial activities as specified in its basic law. If the party invests its funds in publishing newspapers and utilizing the services of printing houses, the amounts collected shall not be considered as amounts gained from a commercial act if this act aims at serving the aims of the party. 5. The amounts collected from the different activities of the party such as exhibitions, drawings, printed materials, lectures, other activities which does not affect the image of the party as a noncommercial political structure. Article (23) Political parties shall not be entitled to accept funds and donations from entities considered as illegal by the Palestinian law. Article (24) The party shall not use its funds for purposes other than those stated in its bylaws and according to procedures stated therein. Article (25) Any amounts or resources, obtained in any means other than those stated and by means violating the provisions of the law shall become the property of the Authority. Article (26) The funds of the party shall be treated the same way as public funds. The party shall commit to assume the accurate financial rules and methods. Article (27) The Authority shall provide financial assistance, from its own budget, to political parties who participated in the last elections to contribute in covering their activities. A special law shall be issued by the council of ministers to specify the mechanism by which these amounts shall be paid. Article (28) The financial aid provided to the party by the Authority shall be seized in the following cases: 1. A court ruling to stop the party from performing its activities 2. The party voluntarily seizes its activities 3. The party associates with another party. In this case financial assistance shall be rearranged and paid to the new emerging party. 4. The party violates the financial system's rules and regulations upon which the financial aid was given to him. 12. Persons Banned from Participating in Political Activities The following persons shall not be allowed to participate in political activities: 1. Judges 2. Members of the armed forces and members of the different security apparatus. 3. The president of the legislative council 4. The president of the audit and administrative bureau 5. The general prosecutor 6. The president of the Civil Service Bureau 7. The president of the illegal gain commission 8. The governor of the Monetary Authority 9. Members of the diplomatic corps and counselors 10. President and members of the central elections committee 11. President and employees of political parties' registration department at the ministry of justice 12. Those who did not complete 18 years of age 13. Government employees during official office hours 13. General Provisions Article (30) The Council of Ministers shall issue the necessary regulations to implement the provisions of this law. Article (31) Political Party Law number (15) of the year 1955 shall be ruled out and any provision contradicting the provisions of this law shall also be ruled out. Article (32) All competent authorities, in all their fields, shall have to implement this law; it becomes into force after thirty days of issue in the official gazette. |
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Legal Library Palestine The Draft Law on Political Parties
Legal Library Palestine The Draft Law on Political Parties