Thursday, January 7, 2010

Basic Legislation for Higher Education

Basic Legislation for Higher Education




Ibrahim Abu Lughud


Conference on:

The Role of Higher Education in the Context of an Independent Palestinian State
7-9 Nov.1996


Presently, we are beginning a new era, one which sees a national authority striving to enact its and the people's sovereignty over Palestine and its public institutions. As this authority's main concern is fulfilling the will of the people, the true indicator of its legitimacy, it has formed a legislative council by holding elections. This body is the sole, legitimate legal authority charged with governing and safeguarding the Palestinian people. We have no doubt that the legislative council will succeed in this task. '"As for higher education, it is absolutely necessary for the legislative council to issue a law in this regard, dealing with a) the definition of higher education in an institution and b) what such a definition entails, as far as rights and duties are concerned. The following is a conceptualization of what we believe the goals of this basic law should be:

1. The law will determine the philosophy and aims of Palestinian higher education as well as serving as a reference for those who work in this field.

2. The law will determine the type of institution that will present the educational programs leading to the awarding of advanced (i.e. post high school) degrees in all fields of study. These include all university-level studies: humanities, sciences, social sciences, fine arts, as well as all professional and technology studies such as law, engineering, medicine, pharmacology, agriculture, technical science and other studies which culminate in the awarding of a BA or BSc degree. This institution will also be responsible for certifying all masters' degrees and PhD's in all fields, in addition to vocational degrees, pharmacist's licenses, and medical degrees.

3. The law will also legislate the organization of institutions so as to best serve the interests of the Palestinian people, wherever they might be. Thus the State of Palestine, along with public sector agencies, institutions, and non-profit groups will be able to form institutes for higher education - junior colleges, universities, vocational and training centers, etc. All those institutes will be subject to the rules and regulations issued by the general institution for higher education, as designated by law.

4. It is also necessary for the Palestine state, or a committee directly empowered by the state, to be able to create Palestinian colleges, universities, or institutes outside of Palestine, in accordance with the laws of the host country. So if we wanted to found a Palestinian university for Palestinians living abroad, such a university would have to be open to all without prejudice. The Palestinian law for higher education must deem this step legal firstly, so as to facilitate the institution responsible for higher education's compliance with the laws of the host country. The case of the Arab University in Beirut is applicable here. It is legally an Egyptian university (a branch of Alexandria University), and was established as a university for all the Arab peoples, in accordance with Lebanese law which allows for the creation of foreign universities on its soil. The same is true for the two American universities in Beirut and Cairo, which are not branches of any universities in America, but are chartered in the US.


5. The law will also determine the tasks and special powers of the Ministry of Higher Education and its relationship with the various institutions of higher learning.

6. Finally, the law will determine the tasks, special powers, and framework of the Council for Higher Education and its relationship with the Ministry of Higher Education, and the Palestinian colleges and universities.

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