Palestinian Diplomatic Passport dated 15 July 2018

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-       Through the inspection and auditing of the VIP diplomatic passports valid until 15-7-2018, and based on the documents and records available at the Diwan, and by way of what is practiced by the Ministry of Interior and National Security...

-       The following observations were recorded:

1-   The system of granting diplomatic passports No. 15 of 2008 was applied by the Ministry of Interior and National Security without publishing it in the Official Gazette..(Contrary) to constitutional Principle No. 116 of the Basic Law, amended in 2003,

2-   (The current) system lacks the mechanism for granting and issuing the diplomatic passport, as was set out in Article One of Cabinet Decision No. 244 of 2005 and its amendments.

3-   (The system No. 15 of 2008 does not stipulate the authority of exception) by the President and the Prime Minister for those not covered by the system, as was the case in Cabinet Decision No. 244 of 2005, in Articles Three and Four, which state: "The Prime Minister, in special cases, may grant a VIP diplomatic passport to any person not stipulated in Article Two, based on a nomination from the Minister of Foreign Affairs or the Minister of Interior and National Security, and he may revoke it at any time..!"

4-    One hundred and twelve (112) diplomatic passports were issued exceptionally to a number of businessmen.!

5-    A husband or wife obtained a diplomatic passport based on an exception (contrary to the system), because the exception was granted due to the lack of the conditions stipulated in the system, and the exception was granted to that person and not to his spouse.!

6-    A diplomatic passport was issued for the children of diplomatic corps employees serving at Palestinian embassies abroad (married)!

7-    Diplomatic passports were issued to members of the security services of the rank of brigadier generals (retired).!

8-    Diplomatic passports were issued for artists and their spouses!

9-   (Diplomatic passports are not withdrawn) immediately upon referring holders of diplomatic passports to retirement.!

10-                   Some categories not mentioned in the system were granted diplomatic passports by exception from the Prime Minister.

11-                   Some diplomatic passports were issued for certain categories by exception from (the Undersecretary of the Ministry of Interior).!

12-                   Some persons were granted diplomatic passports (without supporting documents proving their entitlement to obtain them).!

-       Here I cite, as an example of the major controversy in Tunisia over the diplomatic passport between opponents and supporters of granting diplomatic passports to members of the Tunisian parliament, an incident that occurred on 23-2-2020, where the Tunisian Parliament faced a wave of criticism after the Committee on Rights and Freedoms approved a draft law granting members diplomatic passports... Their critics directed accusations, claiming that members of parliament are after privileges and obtaining diplomatic immunities. They seek greed in accumulating gains.. and the exploitation of the authority granted to MPs by the people to bestow upon themselves an unjustified privilege, and the exploitation of power to achieve private interests.!!.

-       As for the arguments of those defending the proposal, under the cover of preserving the dignity of the legislative institution and facilitating the movement of its members to attend meetings and demonstrations abroad, it requires that members obtain a diplomatic passport so that they are not left hostage to some countries’ decisions to grant them a visa, and so that they are not held accountable for their positions while abroad, so long as they enjoy diplomatic immunity..!

-       The Tunisian Ministry of Foreign Affairs had refused to grant this privilege to 217 members of parliament, as was its custom before the current President Kais Saied assumed office.!

·       The granting of diplomatic passports in Palestine must be subject to the legislations, regulations and laws issued regarding it, and not be subject to discretionary judgments and exceptions.. and departures from the law by individuals not authorized to issue decisions granting diplomatic passports.. and other violations recorded in the Diwan’s report...!

·       On 19-11-2020