Institute of Law organizes legal encounter on rights of retirees enrolled in Palestinian Pension Agency in Gaza

The Institute of Law at Birzeit University organized a legal encounter titled “The Impact of Recent Judicial Decisions on the Rights of Retirees Enrolled in the Palestinian Pension Agency in the Gaza Strip” with the support of the Konrad Adenauer Foundation.  Held on Tuesday, June 20, 2023, the event featured Hazem Haniyeh, coordinator of the Monitoring of National Legislations and Policies Department at the Independent Commission for Human Rights, as a main speaker and was attended by a number of human rights activists, lawyers and retirees.

The event was opened by Lina Al-Tunisi, administrative coordinator at the Institute of Law in Gaza, who welcomed the attendees and introduced the Birzeit Legal Encounters program.

Haniyeh provided an overview of the laws issued by the former Palestinian Legislative Council and the Change and Reform Bloc in Gaza as well as the decree-laws issued by the Palestinian president Mahmoud Abbas. He noted that 98 laws enacted by the Palestinian Legislative Council between 1996 and 2006 and 395 decree-laws enacted between 2007 and 2022 are implemented in the West Bank. On the other hand, Haniyeh explained, Gaza has enacted 82 laws issued by the Change and Reform Bloc in the Legislative Council from 2006 to 2021, emphasizing the multitude of legislations enforced since the Fatah-Hamas split.

He also touched on the recent judicial decisions issued by the Supreme Administrative Court in the Gaza Strip, which oblige the Palestinian Pension Agency to resume the payment of the pension to a number of retirees following its suspension after they obtained a new professional role (membership in the Palestinian Legislative Council) and received employee benefits. Haniyeh also addressed the Palestinian Pension Agency’s decision to suspend its services to all pensioners in Gaza, if the the Supreme Administrative Court in the Gaza Strip implements these judicial decision.

Haniyeh also elaborated on the role of the Independent Commission for Human Rights in following up with the cases and compliances of retirees and offering legal services, pointing out that the commission followed up with their cases, contacted relevant authorities in the Palestinian Pension Agency and arrived to a judicial settlement regarding pending issues.

He also addressed the system of laws that regulate the rights and duties of retirees, highlighting key amendments to these laws. Haniyeh elaborated on Article 14 of Decree Law No. 29 of 2018, amending the General Pension Law No. 7 of 2005 that provides for the inadmissibility of combining two pensions. The new amendment stipulates that the assets of the Pension Committee are administratively and legally separate from that of the Public Treasury. It also allows for combining the pension for the period admissible for retirement with any other salary, pointing out that the enforcement of these laws is selective, as not all these amendments are enforced in Gaza.

In the final part of his presentation, he emphasized the position of the Independent Commission for Human Rights regarding the rights of retirees, which affirms that they are legally protected and emphasizes that, as long as the employee enrolled in the committee has met the legal requirements and contributed to the pension fund, it is incumbent upon the Palestinian Pension Agency or any relevant entity to fulfill their assigned role.

At the end of the legal encounter, an open discussion took place, featuring many interventions and recommendations. They emphasized the significance of addressing the repercussions of the legal and administrative division, as it undermines the rights of individuals and employees. They also stressed the need to avoid conflating collective decisions with individual cases and preserve the independence of institutions.