14 March 2023

14/2023

ICHR press release on the Administrative Court summary decision on the strike of government school teachers

The Independent Commission for Human Rights (ICHR) has followed up on the summary decision entered by the Administrative Court on 13 March 2023. The ruling provides for cessation of the open-ended strike declared by the Teachers Movement across government schools. Confirming non-interference with court decisions, the ICHR is of the view that the said judgement was rendered without the presence of the relevant parties (i.e., in a non-public hearing), violating the right to a fair trial enshrined in the Amended Basic Law and international conventions, which the State of Palestine acceded to. A trial that is not held in public always abuses the right to a fair hearing. While the statement of claim was not served to them, the defendants were not summoned in order to hear their pleases and defences, also infringing on the fundamental right to self-defence. The fact that a law so permits does not legitimise any proceedings carried out in contravention to the constitution and international human rights standards.

Although it does not admit the constitutionality of the provisions of the Law by Decree No. 11 of 2017 on the Regulation of the Right to Strike in Public Service, the ICHR emphasises that Article 6 of the law by decree regulates the procedures for hearing and adjudicating an application filed by the government or any affected party for ceasing the strike if it runs counter to the law. Article 6 stipulates that the application should be disposed after both parties are summoned to court. However, with all due respect, the Administrative Court decision is in contrariety with the law and derogates from the right to defence and guarantees of a fair trial.

Reiterating its call for resolving the current strike through dialogue, the ICHR calls on the government not to have recourse to or take unilateral measures that may further complicate the crisis.

End