Law no.(11) of 1998 for Higher Education
Head of the Executive Committee of Palestine Liberation Organization
Chairman of the National Palestinian Authority According to our entitled authorities, requirements of public benefit, presentation of the minister of higher education and approval of the Legislative Council , we do ordain the following law: Chapter One - General Definitions & Principles Article (1)
In implementing provisions of this law, the words and statements have the following meaning except when the presumption indicates otherwise :
Ministry : Ministry of higher education .
Higher education : Any regular academic or vocational study at a higher accredited institution; study shall not be more one full academic year or two semesters after obtaining the general secondary certificate or its equivalent.
Institution : Every higher Education institution deals with higher education according to provisions of this law.
Institution head : Head of any higher education institution dealing with higher education according to provisions of this law.
Institution council : University council that consists of a president , vice-counselors ,deans or college council that consists of a president , vice-councilor and departments heads.
Syllabus : A group of academic subjects taught at least for two semesters at a higher education institution.
Authorization : A license issued by the ministry to establish a higher education institution to teach specific syllabus according to systems of accreditation .
Accreditation : Acknowledgement by the ministry that a licensed body corporate is a qualified higher education institution to commence teaching specific syllabus according to systems of accreditation.
Certification : Marking by the ministry to an academic certificate indicating its veracity according to of certification instructions .
Acknowledgment : Statement of this ministry of the presence of a foreign higher education institution and syllabus according to rules of the country of origin but with no violation to this law and systems issued by its virtue.
Equivalence : Equivalence by the ministry of an academic qualification to its equivalent Palestinian degree , conferred by the Palestinian higher education institutions according to this law.
Scientific research : Any organized activity done by researcher(s) at any higher education institution or center for the purpose of knowledge formation , development, transfer or usage.
Scientific Research Center : An institution established to do scientific research. Article (2)
Higher education is a right to every citizen fulfilling academic and objective conditions stated by this law and systems issued virtue of. Article (3)
Higher education institutions are independent scientific research centers in accordance with provisions of this law to ensure scientific research freedom , literary , cultural are artistic invention ; the National Authority works to encourage and support. Chapter Two - Objectives of Higher Education Article (4)
Higher education aims to achieve the following :
Giving all qualified students a chance to join higher education , pursue and develop academic efficiency inside and outside the country.
1. Encouraging composition , translation and scientific research movement and support the on-going education process supplied by the Palestinian higher education institutions .
2. Enabling the Palestinian community to deal with scientific, technological and informatics innovations for investment and development.
3. Contributing in meeting needs of the Palestinian community of qualified human staff in various academic, practical and cultural fields.
4. Enhancing framework of scientific cooperation with academic and international services ; support and development of higher education institutions and scientific research centers.
5. Taking care of studying the Arabic Islamic civilization, acquiring students constructive thinking skills, encouraging scientific creation and invention and ability to cope with research investigation and scientific progress.
6. Developing scientific and spiritual values, bringing up loyal individuals to their country and nation and enhancement of cooperation and team work among students.
7. Contributing in science supply, preserving academic liberties and honesty of scientific research and establishment of the state on bases that guarantee law supremacy and respect of rights and public freedom. Chapter Three - Powers of the Ministry Article (5)
According to provisions of this law, the ministry shall have the following powers and authorities :
1. General planning for higher education and scientific research in the light of the country's needs.
2. Representation of Palestine in regional and international conferences in the field of higher education and scientific research.
3. Conducting official governmental agreements regarding planning of international cooperation relations in the field of higher education development.
4. Bills and laws preparation, issuance of necessary instructions to plan activity of all higher education institutions and the ministry departments in a manner that ensures good performance and on-going development.
5. Supervision over higher education institutions according to provisions of this law and rules issued by its virtue.
6. Accreditation of higher education institutions according to prescribed conditions at systems issued according to provisions of this law.
7. licensing establishment of Palestinian higher education institutions within the framework of the general higher education.
8. Approval of launching education programs in the various fields of specialization and accreditation according to accreditation systems.
9. Accreditation of the Palestinian higher education institution project and programs by brotherly and friendly countries.
10. Coordination of expatriate students and professors according to agreements and contracts concluded with their countries.
11. Acknowledgement of Arab and foreign higher education institutions, formation of competent committees, planning students services bureaus activities and supervising affairs, publication of accredited universities names and addresses and any changes that may occur.
12. Identification of conditions allowing foreign higher education institutions to open branches or institutions in Palestine and issuing necessary licenses for practicing their work.
13. Setting a general policy for scholarships and study donations, following up affairs inside and outside the country and stating rules and instructions to implement this policy .
14. Recommendation of counselors and attachés to strengthen cultural relations with brotherly and friendly countries.
15. Supply with additional financing resources necessary for the special expenses of the Palestinian higher education institutions and scientific research and identification of distribution bases and mechanism.
16. Coordination with ministries and competent authorities for planning professions practice that requiring academic qualifications.
17. Limitation of lower averages of general secondary certificate or its equivalent as a basis for admission to Palestinian higher education institutions .
18. Identification of students' no. allowed to join Palestinian higher education institutions according to bases accredited to those institutions and syllabuses in the light of their capabilities
19. Approval to conduct general examinations after the general secondary , the higher education institution finds necessary .
20. Equivalence and certification of higher education and general secondary certificate or their equivalent , in accordance with equivalence and certification rules.
21. Identification of licensing , equivalence and certification fees. Article (6) Powers of the Minister
1. Supervise the ministry and its departments' activities and full responsibility to implement all their authorities according to systems of this law and rules issued accordingly.
2. Recommend an advisory council for higher education; it shall be formed by a decision of the cabinet and has its own system. Chapter Four - Higher Education Institutions Article (7)
Under provisions of law, higher education institutions shall have a body corporate status . Article (8)
Per institution has an immune campus, under provisions of law.
Article (9)
Arabic is the official language at the Palestinian higher education institutions ; they may decide to teach some subjects or syllabuses in other languages.
Article (10) Classification of Higher Education Institutions
1. According to establishing , higher education institutions shall be classified into :
a. Government higher education institutions ; they shall be established by a decision of the Palestinian cabinet council and related to the ministry administratively, financially and legally.
b. Public higher education institutions; they shall be established by virtue of provisions of this law.
c. Private higher education institutions; they shall be established by virtue of provisions of this law.
2. According to syllabus taught , higher education institutions shall be classified into:
a. Universities : institutions including at least three university colleges and provide syllabuses that end by granting bachelor degree (the first university degree). A university may have postgraduate studies granting higher diploma, master or PhD. Degrees or a diploma certificate according to diploma systems.
b. University colleges : institutions that provide academic or vocational syllabuses that end by conferring a bachelor certificate. A university college may provide academic and/or vocational and/or technical syllabus for two or three years; virtually, a diploma is conferred according to diploma systems.
c. Polytechnic : institutions that provide vocational and/or technical syllabuses that end with conferring diploma certificate . They may provide technical and/or vocational syllabuses that end with conferring bachelor and/or Master or PhD. degrees in vocational and/or technical specializations.
d. Community Colleges : institutions that provide academic and/or vocational and/or technical syllabuses not less a year of study that ends with academic, vocational or technical diploma according to diploma systems.
Article (11)
A higher education institution shall have trustees council. A private higher education institution shall have a board of directors. A government higher education institution may form an advisory board provided that duties and responsibilities of these boards shall be designated according to special systems in conformity with provisions of this law. Article (12)
In conformity with provisions of this law , a higher education institution may have its own statute to run its affairs provided it shall be approved by the ministry . Article (13)
A higher institution shall be led by a full time person ; he is not supposed to work for any other institution or board . University presidents shall have to be ranked as professors. Chapter Five - Management of Higher Education Institutions Article (14) Management of Higher Education Institutions
5. A government higher education institutions shall have a president and institution council and may form an advisory board .
6. President of a government higher institution shall be appointed by the president of the National Authority whereas its advisory board shall be appointed according to a recommendation of the minister.
7. Powers of president, boards and all affairs shall be identified according to a system issued according to this law.
8. Government higher education institutions are administratively , financially and legally related directly to the ministry.
Article (15) Management of Public Higher Education Institutions
9. Responsibility of a public higher education institution shall be undertaken by trustees council and run by institution board.
10. A public higher education institution shall plan its affairs and methods of activities according to approved systems by the ministry .
11. The ministry supervises these institutions through licensing and general and private accreditation systems.
12. These institutions receive part of financial support allocated to higher education in accordance with approved rules and criteria by the ministry ; provided that such institutions shall have to submit sheet balances and closing accounts to the ministry . Article (16) Management of Private Higher Education Institutions
13. Management of a private higher education institution shall be run by institution board according to the institution statute.
14. A private higher education institution shall plan its affairs and method of activity according to by-laws ; they shall have to be approved by the ministry .
15. Such institutions shall be subject to observation and supervision of the ministry according to accreditation and licensing systems as for as implementation of syllabuses and qualifications of teaching staff are concerned. Article (17) Licensing
According to the provision of this law :
16. A person or a board may launch or establish a public or private higher institution or commence a syllabus after obtaining the necessary license by the ministry .
17. A license shall be ruled out by a decision of the minister , if an institution fails to meet a license requirement without repairing its condition within at least six months of the date of being asked to do so in writing . Article (18) Accreditation
18. Accreditation is divided into two types :
i. General accreditation : Acknowledgement of the eligibility of licensed body corporate to be a higher education institution.
ii. Private accreditation : Acknowledgment of a program to be a syllabus taught at higher education institutions.
19. General accreditation shall start with approval to launch a higher education institution , if special conditions are available according to accreditation system . General accreditation shall be granted after the graduation of the first group , if all required conditions are available.
20. Private accreditation shall start with approval to launch an academic program , if all special conditions are available according to accreditation system . Private accreditation shall be granted after graduation of the first group , if all required conditions are available. Article (19) Supervision
In compliance with provisions of this law, the ministry supervises higher education institutions through :
21. Supervising application of provisions of this law and systems issued accordingly and commitment of these institutions with educational policy and directions of the ministry in this regard .
22. Providing higher education institutions with information and guidance that help be a ware of educational policy of the ministry and its application
23. Ratification of academic certificates and degrees issued by them.
Chapter Six
Academic Certificates , Degrees & Study Order Article (20)
In their fields of specialization, higher education institutions confer the following academic certificates and degrees :
24. Diploma : a certificate granted after completing thirty credit hours , at least , after the general secondary education certificate or its equivalent ; according to diploma systems.
25. Bachelor : A degree granted after completing one hundred twenty credit hours or their minimum equivalent after obtaining the general secondary certificate or its equivalent.
26. Higher diploma : A degree conferred after completing thirty credit hours or their minimum equivalent after obtaining the bachelor degree.
27. Master : A degree conferred after completing thirty six credit hours after obtaining the bachelor degree.
28. PhD : A degree conferred after completing forty five credit hours, minimum. In addition to the doctrine dissertation , after obtaining the master degree. Article (21)
Accredited study order at higher education institutions is the actual regular attendance ; credit hours system is implemented for them ; open higher education institutions may have their own order.
Chapter Seven
Scientific Research Centers Article (22)
By a recommendation of the minister and a decision of the president of the National Authority, a scientific research center shall be established to assist the ministry draw its policy , in this concern. Article (23)
According to provisions of this law, scientific centers are registered at the ministry of higher education that entitles them the official capacity to practice their tasks, according to scientific research centers system . Article (24)
Scientific research centers repair their status , according to provisions of this law within a maximum period of one year of the validity of this law. Article (25)
The ministry of higher education supervises scientific research centers , according to scientific research centers system. Chapter Eight - Transitory & Closing Provisions
Article (26)
29. All higher education institutions existing in Palestine and registered at journals of the ministry of higher education are considered , inevitably , licensed when the law shall be issued.
30. Higher education institutions have to repair their status in view of provisions of this law and its systems within a maximum period of one year of the validity of this law. Article (28)
The ministry issues necessary rules and decisions to execute provisions of this law . Article (29)
This law shall rule out all laws and systems not in conformity with its provisions . Article (30)
All competent authorities shall have to execute provisions of this law , each in its own field ; it becomes in force after thirty days of publication in the official gazette .
Issued in the city of Gaza on 2 Nov. 1998 AD. Yaser Arafat
Chairman of the Executive Committee of Palestine Liberation Organization
President of the Palestinian National Authority
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