A/HRC/8/17
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rights.8 Moreover, the Palestinian Basic Law9 contains a number of articles protecting human
rights as well as a commitment to abide by major human rights instruments (the relevant articles
came into force on 7 July 2002 and were amended in 2003). Article 10 of the Basic Law states
that “basic human rights and liberties shall be protected and respected” and that the “Palestinian
National Authority shall work without delay to become a party to regional and international
covenants and declarations that protect human rights”. Its title two on “public rights and
liberties” (arts. 9-33) guarantee a range of civil rights to all persons (such as freedom from
unlawful arrest, the right to fair trial, prohibition of torture and collective punishment, freedom
of expression, freedom of religion, etc.) as well as the main economic and social rights. The
setting up of the Palestinian Independent Commission for Citizens’ Rights (PICCR) in 1993
through a Presidential Decree issued by the late President Yasser Arafat represented another step
in the direction of respect of human rights.10 Moreover, under the Protocol Concerning
Redeployment of the Interim Agreement of 28 September 1995, the PA also undertook that its
police would exercise powers and responsibilities with due regard to internationally accepted
human rights and the rule of law, and that it would be guided by the need to protect the public,
respect human dignity, and avoid harassment.11
9.
With respect to Hamas, it is worth recalling that non-State actors that exercise
government-like functions and control over a territory are obliged to respect human rights
8
In addition, the PA has undertaken to respect specific human rights obligations in the
context of its membership of the Euro Mediterranean partnership, which was established in
November 1995 with the adoption of Barcelona Declaration and which contains a human rights
component, stating that members should respect fundamental human rights and freedom, and act
in accordance with United Nations Charter and UDHR, as well as other obligations under
international law, in particular those arising out of regional and international instruments to
which they are party (Barcelona Declaration, 27-28 November 1995;
http://ec.europa.eu/external_relations/euromed/bd.htm).
9
http://www.palestinianbasiclaw.org/2002-basic-law.
10
Furthermore, article 31 of the Palestinian Basic Law provides for the establishment by law of
an independent commission for human rights. In May 2005, PICCR submitted before the PLC a
draft law for discussion and approval. This draft law confirms PICCR as the National Human
Rights Commission in Palestine with Ombudsman function at its core.
11
Article XIX; The Israel-Palestinian Interim Agreement on the West Bank and the Gaza Strip.
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