from their obligations under the ICCPR in a time of “public emergency which
threatens the life of the nation.” However, Israel has continuously renewed
this state of emergency since its establishment in 1948, and the Human
Rights Committee has made clear that conditions allowing the derogation
of these articles must be “of an exceptional and temporary nature,” thereby
invalidating Israel’s state of emergency as grounds for derogation.284
Furthermore, the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities, which applies to Palestinian
citizens of Israel, specifically protects their rights to freely participate in
civil society. The Declaration states in Article 2 that “Persons belonging to
minorities have the right to establish and maintain their own associations”
and to “free and peaceful contacts with other members of their group
and with persons belonging to other minorities, as well as contacts across
frontiers with citizens of other States to whom they are related by national or
ethnic, religious or linguistic ties.”285
Finally, the Special Rapporteur on the rights to freedom of peaceful assembly and
of association emphasized in his report to the Human Rights Council in 2012 that:
“Members of associations should be free to determine their statutes, structure
and activities and make decisions without State interference… Associations
pursuing objectives and employing means in accordance with international
human rights law should benefit from international legal protection. Associations
should enjoy, inter alia, the rights to express opinion, disseminate information,
engage with the public and advocate before Governments and international
bodies for human rights, for the preservation and development of a minority’s
culture or for changes in law, including changes in the Constitution.”286
Israeli Polices and Practices
Suppression of Organizations
Closures of Non-Governmental (NGOs) and Civil Society Organizations
(CSOs) represent a severe and almost omnipresent obstacle to those
284 UN Human Rights Committee, General Comment 29: States of Emergency (Article 4), CCPR/C/21/
Rev.1/Add.11, 31 August 2001, para. 2
285 The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities, adopted by The UN General Assembly, Resolution A/RES/47/135, 18 December 1992
286 UN Special Rapporteur Maina Kai, Report of the Special Rapporteur on the rights to freedom of
peaceful assembly and of association (A/HRC/20/27), UN Human Rights Council, 21 May 2012, page
16. Available at: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/
A-HRC-20-27_en.pdf
80
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents