The UNRWA administration sent a letter to the teachers
of the learning support program asking them to sign the resignation due to the
lack of funding for this program, provided that the contract ends on December
31, 2020, and to hand over the UNRWA card and health insurance card. Mentioning
that the learning support program employees were paid full-time half salary.The number of students to whom the learning support
service was provided is estimated at about 8,000 students, while the number of
students to whom school health care was provided, due to the Corona epidemic,
was about 30,000 students. Also,
this program takes care of students with special needs such as the blind, deaf
and dumb, and those who suffer from learning difficulties and are not accepted
in the Lebanese institutions.
The
Palestinian Association for Human Rights (Witness) considers that forcing
employees to resign is illegal. This program renewed annually. The legal
justification is not sufficient for taking such action. Also, the reasons that
created this program are still strong.
(Witness)
calls on the UNRWA administration in Lebanon to deal with its employees in good
faith, transparency and clarity. It also calls on the UNRWA administration to
search for funding sources for this project, and it is convinced in its importance
and educational need.
Legal
reasons for refusing this action:
First:
The importance of contracts in our life:
A human
being is a social being, who belongs to a specific environment, he cannot live
alone, and the contract is a means to fulfill his needs and interests, both
material and moral ..., which are sublime considerations that require respect
and preservation. For this purpose, it is necessary for every
person to deal with others in good faith, away from exploitation, fraud, deceit
and coercion, and in return, the other must take care to protect his interests,
and not enter into contracts until after checking the finer details. Moreover,
when necessary, reviewing trusted specialists to determine the validity of the
contracts to be concluded.
Second:
The satisfaction is one of the most important pillars of the contract:
The satisfaction:
that is, the consent of both parties to the contract. The most important pillar
of the contract is the expression of the contracting will of the contracting parties.
According
to the principle of the power of will, every person has the freedom to contract
or not. Accordingly, entering into negotiations does not oblige the person to
enter into a contract at the end of the negotiations, but rather he has the
right to refuse the contract without fulfilling his responsibility in
principle, and this principle also implies that the person has complete
freedom. In choosing the person who contracts with him.
Third:
Transparency, clarity, and good faith contradict a mistake:
A mistake is a psychological state that
controls a person's mind and makes him assume the delusion of the validity of
something that is in fact wrong, or the untrue of something that is actually
true, meaning that his will is affected and he conceives of something that is
not true.
The mistake that leads to the nullity of the contract is that
which strikes the will upon concluding the contract and pushes the contracted
to enter into a contract other than what he would have done if it
did not fall into it.
Fourth:
There is no compulsion to conclude or cancel contracts:
Coercion,
whether material or moral, is every material or moral pressure that falls on
the contracting party, which creates fear in himself that leads him to
contract. For example, if a person signs a contract or
revokes it after being seriously threatened with death in a manner that aroused
fear in himself, then inducing him to sign in order to avoid the danger
resulting from the threat. The legislator has stipulated that every
conclusion or annulment of a contract that results from physical violence or a
threat to the person of the debtor is subject to revocation, whether the
coercion is issued by one of the contracting parties or by a third person or
from conditions outside the contracting circle.
Without
stipulating that in the last two cases the contracting party benefiting from
the occurrence of the coercion is aware of the existence of this coercion and
its effect on the will of the other contracting party, This is
in contrast to what is the case with deception, as already mentioned.
The
lesson in coercion is not the means used, but rather what those means send out
of fear or dread in himself and affect his will and push him to contract,Who
would not have wanted if he had been free-willed.
Beirut,
3/12/2020
Palestinian
Association for Human Rights (witness)