The draft Palestinian National Plan of Action for Human Rights was compiled by the Arab Thought Forum Working Team comprised of Abdul-Rahman Abu Arafa, Najat Amr, Rinad Zu’rub and Usama Al-Ja’fari.

The working team wishes to express its gratitude to Vida Tango and Naela Al-Razim for their efforts in typing out and formatting the document.

The team is greatly indebted to Dr. Amin M. Madani, Former Chief Technical Advisor at the United Nations Office of the High Commissioner for Human Rights in Palestine, for his precise and invaluable remarks on the text.

Preface

The primary objective of the state is to achieve economic, social, cultural and political development. The progress of a nation is measured by the rates of growth and development in each of these spheres. Expressing development indicators in dry figures will, however, be deficient as long as the citizens of a state do not benefit from such development by way of exercising their human rights and basic freedoms.

The 1993 World Conference on Human Rights adopted the “Vienna Declaration”, which called upon states to consider the development and implementation of national plans of action for the promotion and protection of human rights.

Several states responded positively to this call and formulated their own national plans of action. Many others, however, have not completed their preparations of such plans or have yet to begin such preparations.

In this respect, it is a positive indication that the Palestinian National Authority (PNA) has adopted such a national plan of action for human rights even before attaining full state status, thus becoming the first Arab State to draft a special national plan of action for human rights.[1]

Since World War I, ill-fate and external powers have conspired to dominate the affairs of the Palestinian people. Throughout nine successive decades, six different regimes governed the Palestinian land and people, each enacting its own sets of laws and regulations, which were primarily designed to serve the interests of the ruling power. On top of the catastrophe that befell the Palestinian people in 1948, leading to the partition of the homeland and dispersal of over half of its population, the Israeli occupation since 1967 has been characterised by the adoption and implementation of systematic plans aimed at planting Israeli settlements all over the Occupied Territories. Laws have been distorted by military orders issued to serve this policy. Over thirty years infrastructure was completely destroyed in all spheres, including the economic and social domains. Violations of the fundamental human rights to life and liberty were the order of the day throughout the Israeli occupation period.

The Palestinian Intifada in 1987 ushered into the Palestinian arena a new era of emancipation and yearning for independence and the restoration of civil and political rights for the Palestinian people. The Declaration of Independence, adopted in November 1988, was the most significant document laying down the theoretical framework for these aspirations, particularly with regards to the entitlement of the Palestinian people to self-determination, political independence and sovereignty over its land, in the state of Palestine, where citizens enjoy full equality in rights. The Declaration of Independence states that:

“The State of Palestine is the state of Palestinians wherever they may be. The state is for them to enjoy in it their collective national and cultural identity, theirs to pursue in it a complete equality of rights. In it will be safeguarded their political and religious convictions and their human dignity by means of a parliamentary democratic system of governance, itself based on freedom of expression and the freedom to form parties. The rights of minorities will duly be respected by the majority, as minorities must abide by decisions of the majority. Governance will be based on principles of social justice, equality and non-discrimination in public rights of men or women, on grounds of race, religion, colour or sex under the aegis of a constitution which ensures the rule of law and an independent judiciary. Thus shall these principles allow no departure from Palestine's age-old spiritual and civilizational heritage of tolerance and religious coexistence".

The Declaration of Independence also contained the “commitment of the State of Palestine to the principles and purposes of the United Nations, and to the Universal Declaration of Human Rights. It proclaims its commitment as well to the principles and policies of the Non-Aligned Movement”.

The draft Basic Law upholds a set of principles regarding respect for human rights. These principles were reiterated and confirmed in the draft Palestinian Temporary Constitution. These are positive signs that will acquire greater significance upon implementation.

Following the establishment of the PNA in 1994 and the gradual extension of its jurisdiction over liberated territories, the PNA was faced by the weighty challenge of rebuilding the destroyed infrastructure with meagre resources at its disposal, under strenuous conditions of continued occupation over most of the Palestinian Territories and complete control by the occupation forces over internal and external movement within the territories.

The PNA embarked on the establishment of the executive, legislative and judicial bodies to build the institutional basis to undertake the reconstruction process. With the consolidation of official and popular efforts, a process of reconstruction has begun, not only to remedy faults, but also to achieve social development and prosperity for the Palestinian people.

The Palestinian National Plan of Action for Human Rights (PNPAHR) aims to draw up the framework of a set of values and moral principles and aspires to establish safeguards for the respect of human dignity and rights of Palestinian citizens, during the preparation and the implementation of the development plans. It is thus entrenching the concept of human rights, by linking civil and political rights on the one hand to economic, social and cultural rights on the other. Thus, the plan aims to serve as the administrative guide for development planners, and public policy makers and programmers at the national level, to help design comprehensive and sustainable development plans. It will also serve as a declaration advising all the citizens of their rights and duties and the nature of the state-citizen relationship. In this context, special considerations were made to synchronise the PNPAHR with the Palestinian Development Plan (PDP) for the period 1999–2003.

Through adherence and commitment to this plan, the future Palestinian State will be expected to exercise its responsibilities and fulfil its obligations towards its citizens in a manner conducive to upholding human rights standards in various spheres of life, and contributing as such to the success of the PDP and the establishment of social justice.

In general, the formulation and execution of the plan is a useful exercise that will have a positive impact on upholding the principle of the rule of law and achieving greater awareness of and respect for human rights. This plan is intended to be the reference point for all activities related to human rights and to the promotion of a democratic state in Palestine, to foster friendly relations with other nations and states, and to augment opportunities for the Palestinian State to join the international community in abiding by human rights standards.

Additionally, commitment to the plan will form a solid base for strong partnership and cooperation between government institutions and civil society organisations, thus ensuring the integration of the national goals. Naturally, the essence of the plan is the establishment of social justice, which means targeting the most marginalized and least privileged sectors within the community in most need of care, particularly children, women and persons with special needs.

Introduction

The PNPAHR comes in response to the recommendations of the “Vienna Declaration”, adopted at the World Conference on Human Rights held in Vienna in 1993. The plan is the result of a series of efforts and cooperation between several official departments and non-governmental organisations, including the Ministry of Planning and International Cooperation (MoPIC), the Ministry of NGOs and a specially constituted ministerial committee. The Office of the High Commissioner for Human Rights (OHCHR) in Palestine coordinated the development of this plan and commissioned sectoral experts in the six targeted sectors: housing, health, education, social welfare, environment and the administration of justice. In addition, the Arab Thought Forum undertook the responsibility for compiling the final draft.

Special efforts were made to ensure the widest participation possible in the discussions of the sectoral plans in workshops attended by specialists from the official and non-governmental institutions.

It is natural; therefore, that the plan should be based on relevant international conventions, in addition to principles contained in Palestinian legislation, including the draft Basic Law and the draft Temporary Constitution.

The general development framework for the plan was intertwined with the PDP. Therefore, the principles contained in the PDP are integral to the PNPAHR, hence the recurrent thematic emphasis on the elimination of the impact of the Israeli occupation, reconstruction of the destroyed infrastructure and upgrading of services to achieve higher living standards and improved quality of life for the Palestinian People. This requires proper expenditure of public funds in the social and economic fields in order to respond to the basic needs in each of the targeted sectors. The plan points out the amendments to be incorporated within the PDP so that the latter conforms to human rights requirements.

The plan is intended to be instrumental in achieving the following:

· Determining the objectives and priorities of human rights within available resources;

· Planning and managing resources for the promotion of human rights;

· Highlighting strategies and measurable goals with regard to the protection of human rights;

· Monitoring and evaluating Palestinian performance vis-à-vis commitments to international standards; and

· Documentation of government performance with regard to the promotion and protection of human rights.

Although the plan is the end result of wide discussions, consultations and efforts of many governmental and non-governmental parties, the responsibility for implementing and executing the plan lies primarily with the government.

I. Structure and Methodology

The plan is based on six sectoral studies conducted by specially commissioned consultants. The studies were reviewed and discussed in specialised workshops with the participation of experts of the fields under study representing both the governmental and non-governmental sectors. Some omissions have had to be made during consolidation on and compilation of the final draft to avoid repetitions and duplications in certain entries.

Different approaches were followed while conducting the sectoral studies, making it to imperative to standardise the structure of the studies in accordance with the table of contents to maintain cohesion and uniformity throughout. While doing so, the following steps were taken:

· The plan was structured to combine the sectoral studies, after making the amendments incorporating recommendations of the sectoral workshops. Whenever necessary, the researchers were contacted for further consultations or clarifications.

· A standard approach was applied throughout the consolidation of the sectoral studies in accordance with the attached table of contents.

· During the consolidation process repetitions and duplications were eliminated, particularly with regards to the general principles.

· Special efforts were made to adapt the plan to the PDP.

· In general, the draft plan was finalised in accordance with the terms of reference of the agreement with OHCHR in Palestine.

While addressing each of the targeted sectors, (housing, health, education, social welfare, environment and the administration of justice), special attention was given to the five-year timeframe for the plan ending in 2004. This allows time for studying the outcome of the Palestinian Development Plan, to be concluded in 2003. Therefore, the sectoral studies were structured as follows:

1. Constitutional and Legal Requisites: addressing issues related to the six sectors as expressed in the Declaration of Independence, the draft Basic Law, the draft Temporary Constitution, and any other relevant laws;

2. International Commitments: addressing relevant issues pertaining to the six sectors as expressed in the Universal Declaration of Human Rights and international conventions;

3. Current Situation and Official Policies: Addressing policies adopted by the PNA in each of the six sectors and the horizons of these policies and anticipated tasks;

4. Legislation: addressing all laws, legislation and regulations constituting the legal framework regulating the targeted sectors, and addressing gaps and shortcomings;

5. Challenges, Difficulties and Methods of Overcoming Them: listing and analysing obstacles that could impede the promotion of human rights within each of the six sectors in Palestine, causes and coping strategies;

6. Relevant Institutions and Roles: listing ministries, governmental and non-governmental institutions, local councils and all other relevant organisations and trade unions;

7. Financial Needs and Resources: determining the needs for each of the targeted sectors over the period of five years in light of the provisions of the PDP;

8. Priorities: classifying needs and prioritising them according to importance or urgency;

9. Plan Implementation Mechanisms: identifying methods of implementation, responsible bodies and points of reference;

10. Control: adoption of mechanisms to ensure proper implementation within each of the targeted sectors.

2. Methods of Determining Financial Needs

Financial needs have been addressed in light of the following:

1. Assessment of the goals included in the PDP to serve as a long-term plan for human rights;

2. Inclusion of urgent needs that are not catered for in the PDP as expressed in the sectoral studies;

3. Projections based on recommendations pertaining to sectoral projects;

4. Effecting necessary safeguards to ensure proper implementation and overview.

3. Data Sources

The draft PNPAHR relied on the documents listed below:

1. Provisions of the agreement signed between the Arab Thought Forum and OHCHR in Palestine;

2. Sectoral studies conducted by experts and the outcome of the sectoral workshops;

3. A compilation of international human rights instruments issued by the United Nations (UN) in 1993, and other relevant instruments issued after 1993, such as the Vienna Declaration;

4. Palestinian legal documents of relevance including the Declaration of Independence, draft Basic law, draft Temporary Constitution, and other relevant laws;

5. United Nations Manual for Formulation of National Plans for the Promotion and Protection of Human Rights;

6. Palestinian Development Plan, 1999–2003;

7. National Plan of Action for the Palestinian Children, 1999–2001;

8. Available reports of Palestinian ministries and official departments;

9. Several similar national plans of action of various countries were reviewed during the process.

4. Targeted Sectors

Six sectors have been targeted for inclusion in the PNPAHR. These are:

1. Housing

2. Health

3. Education

4. Social Welfare

5. Environment

6. Administration of Justice

These sectors were selected following extensive discussions and consultations between MoPIC and OHCHR in Palestine. While these sectors do not cover exhaustively the social and economic needs, priority requirements made it imperative to focus on these sectors, which cover a wide range of issues of concern to the largest sectors of the population, given the organic integration of civil and political rights on the one hand and economic, social, and cultural rights on the other.

1. Housing

Introduction

The right to housing is a fundamental human right intended to enable human beings to live in an adequate dwelling that respects and preserves human dignity and the right to personal privacy and family life. It is of central importance for individuals and groups to exercise and enjoy their fundamental rights and freedoms. Adequate housing in an atmosphere that reinforces privacy fosters good social relations within the community. Jeopardizing this right inevitably results in the violation of various other civil, political, economic, social and cultural rights.

The tragedy that has befallen Palestinian refugees is an unequivocal expression of the suffering inflicted upon large numbers of Palestinians resulting from deprivation of their right to live in their own homes, which have been taken over by Israelis. Later on, Israeli occupation policies were geared towards imposing further measures restricting the possibilities of Palestinian development. The most prominent manifestation of such policies was the denial of or restriction of access to adequate housing. The withdrawal of Israeli forces from Palestinian urban centres, which began in 1994, was immediately followed by an unprecedented construction boom, which contributed partially to the resolution of the severe housing problems characterizing the Israeli occupation period. However, such expansion in the housing sector failed to satisfy the demands huge of the population, particularly refugees and young couples.

1.1 Constitutional and Legal Provisions

Diverse sets of laws, rules, regulations and administrative orders have been applied in the Palestinian Territory. All were geared to establish control over its resources and resulted in the loss by many inhabitants of their property and means of livelihood. There were many forced evictions from homes due to measures based on laws such as the Ottoman Land Law and the regulations of the British Mandate. In addition, scores of Israeli military orders were issued in the West Bank and the Gaza Strip with the aim of controlling Palestinian lands, public properties and funds. Israel also manipulated the Law of Urban Planning and Construction for 1966 to set up local and central committees for zoning and construction with the basic aim of controlling and restricting Palestinian human expansion.

The draft Basic Law addresses the right to housing:

· Article 23 provides “proper housing is a right for every citizen. The PNA shall secure housing for those without shelter”.

· Article 17 states that “homes shall be inviolable; thus, they shall not be subject to surveillance, entrance or search except in accordance with a valid judicial order, in accordance with the provisions of law”.

· The draft Constitution reiterated Article 17.

1.2 International Commitments

International conventions reflect concern for the right to adequate housing in many provisions. Detailed standards are set down in several declarations adopted by specialized international committees.

· Article 25 of the Universal Declaration on Human Rights provides that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including… housing”.

· The Vancouver Declaration for Human Settlements of 1976 is the most comprehensive document regarding the legal nature of this right. The second paragraph of Section III details the following:

“Adequate shelter and services are a basic human right which places an obligation on Governments to ensure their attainment by all people."

· Section Two of the Declaration provides that "Ideologies must not be used to dispossess people from their homes or land or to entrench privilege and exploitation."

· The Istanbul Declaration of 1996 provides in Annex 2, “Adequate shelter means more than a roof over one's head. It also means adequate privacy; adequate space; physical accessibility; adequate security; security of tenure; structural stability and durability; adequate lighting, heating and ventilation; adequate basic infrastructure”.

· The Committee on Economic, Social and Cultural Rights adopted General Comment No. 4 in December 1991, incorporating seven principles that collectively constitute the basic guarantees provided by international law for the enjoyment of the right to adequate housing, including legal security of tenure, availability of services, materials, facilities and infrastructure, and freedom to choose one’s culturally adequate housing”.

· In General Comment No. 7, the committee focused on security of legal tenure and protection against forced eviction, asserting the commitments pursuant to the International Covenant on Economic, Social and Cultural Rights.

· Article 11 of the International Covenant on Economic, Social, Cultural Rights, “recognized the right of everyone to an adequate standard of living for himself and his family including adequate food, clothing and housing”.

· Article 8 of the Declaration on the Right to Development provides that States shall take necessary measures to ensure equal opportunities for all to access to basic resources, education, health, food and housing.

1.3 Current Situation and Official Policies

The housing sector is one of the main sectors that has received the attention of the PNA since it assumed responsibility for the liberated Palestinian Territories. Strenuous efforts were exerted to rebuild infrastructure that was left in almost complete ruin by the Israeli occupation authorities and to provide housing for the returnees as well as office buildings for ministries and government departments. The main activities of this sector were, however, concentrated in the cities of Gaza and Ramallah, where unprecedented horizontal and vertical construction expansion was witnessed.

The Ministry of Housing was established to provide housing and to receive houses and other real estate that was seized by the Custodian of Absentee Property. The private construction sector and the banking sector contributed by building houses with the encouragement of the PNA. The Palestinian Housing Council and several banks provided credit facilities and housing loans to state employees. The apartments constructed, however, suited those with relatively high incomes, driving members of some housing cooperatives and societies to seek the construction of their own houses at costs compatible with the income levels of other social strata.

The PNA was also keen to facilitate the acquisition of houses in Jerusalem through loans and subsidies to Jerusalem residents. The main goal was to support their steadfastness in the Holy City against Israel’s attempts to evict them and expel them from the city. On another front, out of its concern for the maintenance of the Arab identity and character of the Old City in Hebron, the PNA restored buildings in the area and encouraged owners to live in them or to rent them.

There is no doubt that the housing policy was not limited to making housing available, but extended to providing all the required facilities and services such as water, electricity, sewage systems, telephone connections, civil defence, health centers, schools, roads and transportation services, all of which received adequate attention from the PNA ministries and departments.

Table 1. SEQ Table_1. \* ARABIC 1: The Administrative Distribution of the Gaza Strip Governorates

Governorate	City	Village	Refugee Camp	Hamlet	Population	Israeli Settlement	Area	Population density
1. North Gaza	3	3	1	7	179,690	4	60,68	2,948
2. Gaza	1	3	1	5	359,941	1	72,47	4,980
3. Deir al-Balah	1	3	4	8	144,890	1	5,66	2,608
4. Khan Yunis	1	6	1	15	196,662	11	11,166	1,754
5. Rafah	1	5	1	6	120,386	3	73,6	2,054
Total	7	27	8	41	=SUM(ABOVE) 1,001,569	21	365,1	2,791

Table 1. SEQ Table_1. \* ARABIC 2: The Administrative Distribution of the West Bank Governorates

Governorate	City	Village	Refugee Camp	Hamlet	Population	Israeli Settlement	Area	Population density
1. Jenin	1	94	1	96	195,299	9	578	337
2. Qalqilya	1	35	0	36	60,268	11	165	419
3. Salfit	1	22	0	23	46,688	13	205	27
4. Tulkarm	1	39	2	42	129,030	3	244	528
5. Tubas	1	21	1	23	35,216	9	221	159
6. Nablus	1	68	3	72	251,392	14	848	296
7. Ramallah and al Bireh	2	73	5	80	205,448	24	850	241
8. Jericho	1	10	2	13	31,501	20	544	958
9. Bethlehem	1	67	3	71	132,090	15	625	211
10. Hebron	1	150	2	153	390,272	32	1015	384
Total	11	579	19	609	1,486,204	150	5295	281

Table 1. SEQ Table_1. \* ARABIC 3: The Administrative Distribution of the Jerusalem Governorate

Governorate

City

Village

Refugee Camp

Hamlet

Population

Israeli

Settlement

Area

Population density

Jerusalem

324,105

338

958

Table 1. SEQ Table_1. \* ARABIC 4: The Total Administrative Distribution of the Palestinian Territories Governorates

Total Palestinian Territories

City

Village

Refugee Camp

Hamlet

Population

Israeli

Settlement

Area

Population density

664

681

2,811,878

201

5,998

1.4 Legislation

The PNA’s territories lack special legislation to regulate the construction sector. This sector is organised, instead, through various regulations developed by municipalities and departments of the Ministry of Local Government. Such a situation results in inconsistencies within this sector at legal, technical and executive levels. This should be rectified by the adoption of relevant laws and regulations.

1.5 Challenges and Difficulties and Methods of Combating Them

The housing sector suffered tremendous obstacles and difficulties during the Israeli occupation, the consequences of which still persist:

· Continuation of Israeli policies of denying building licenses in “Area C” of the West Bank, demolishing homes, confiscating land and obstructing construction projects under various pretexts, such as location in a green area or proximity to settlements, bypass roads or the Green Line. These problems are compounded by the presence in many areas under Israel’s control of destroyed infrastructure, which Israel refuses to rebuild or bars the PNA from doing so.

· The lack of a clear plan by the PNA with regard to the housing sector. Executed projects do not follow regulations within their areas. Certain areas suffer from horizontal expansion at the expense of green areas, whereas other areas suffer from rapid vertical expansion lacking most of the necessary services associated with this type of construction.

· Absence of effective control on private construction projects with regards to adherence to safety and security requirements, thus tempting some contractors to disregard and violate conditions of the licenses.

· The existing disparity between laws applied in the West Bank and the Gaza Strip and within these areas. In addition, adopted laws have not been enforced, such as the law on ownership of apartments and floors, and regulation regarding high-rise buildings.

· Failure to include in the general budget allocations for investment in the housing sector. This has led to the construction of only a small number of housing projects. Moreover, there are no public or semi-public housing institutions. The sector is confined to the private sector for profit, or a small non-profit sector funded by the donor countries.

· Housing funding is underdeveloped due to an absence or insufficiency of funding institutions or credit funds to ensure housing loans. The territories lack a special housing bank or national housing fund in any credit institution to provide housing loans.

· The housing sector is also influenced by the weakness of the judiciary and its inability to resolve housing and real estate disputes without delay.

1.6 Relevant Institutions and their Roles

To promote and upgrade the housing sector various governmental and private institutions have to assume their roles as follows:

Ministry of Housing: The ministry must intervene directly by allocating and granting land sites to applicants intending to establish housing projects. The ministry must also assign sites under government ownership for investors to be marketed within a transparent and integrated system and to ensure financial assistance to execute housing projects for those with limited income. The ministry should also support the cooperative sector by allocating land sites for cooperative societies/associations. It should also establish a housing loan credit fund and grants for low-income families to enable them to purchase houses. The ministry could resort to a system of exchange of land to requisition certain sites in remote and deprived areas for the construction of housing projects;

The Palestinian Legislative Council (PLC): The PLC has the task of issuing laws to regulate this sector consistent with international human rights standards and the right to adequate housing. The PLC should also monitor the policies of the government concerning government and public land and the manner of utilization thereof, in addition to the approval of public organizations/institutions specialized in the sector such as the Palestinian Fund for Housing Credit and the Palestinian Housing Bank, etc.;

The Ministry of Finance: The ministry should make available financial allocations within the general budget sufficient to upgrade the housing sector and to provide loans and other forms of assistance to the private sector operating in the housing sector;

The Ministry of Local Government: The ministry should complete the task of standardising construction regulations throughout areas under its jurisdiction and auditing performance of municipalities and local councils to ensure compliance with the applicable laws and regulations. The ministry must also encourage and promote construction projects in villages and areas under the threat of settlement expansion, through the provision of required infrastructure;

Ministry of the Environment: The ministry should exert efforts to protect environmental safety in existing and future housing projects and remove quarries and other environmentally polluting enterprises away from residential areas;

Ministry of Justice: The ministry should exert efforts to establish a competent judicial system to resolve housing disputes without delay;

Ministry of Interior: The ministry should prevent the removal or demolition of any homes unless alternative housing is made available, prevent forced eviction from homes, with or without compensation, and provide adequate human and financial resources for civil defence throughout the Palestinian territories;

Ministry of Health: The ministry should monitor the adequacy of health conditions in existing and future housing projects;

Ministry of Public Works: The ministry should build and pave roads to facilitate access to and flow of transport between residential areas;

Palestinian Water Authority and Palestinian Energy Authority: The authorities should ensure extension of water and electricity networks to all Palestinian villages and cities and ensure continued maintenance and development;

Ministry of Social Affairs: The ministry should set standards and criteria to ensure that public buildings are equipped with facilities for disabled persons;

Banks, real estate and financial institutions: Such institutions should ensure financial credit systems for housing loans and financing;

The private sector and contracting firms: This sector should ensure effectiveness and operate in accordance with set procedures to ensure safety of the people as well as fulfilling housing needs;

Engineers’ Syndicate: The syndicate should apply legislation pertaining to engineering design and ensure compliance with the laws and the set specifications.

NGO sector: NGOs should provide loans and other forms of assistance to enable completion and restoration of houses. NGOs can also encourage saving plans to be invested in the housing sector. They also have the task of raising public awareness concerning problems and difficulties facing the state vis-a-vis the high cost of construction materials, demise of green areas and lack of environmental and health safeguards that comply with international standards, in addition to promoting scientific research in the housing sector.

1.7 Financial Needs and Resources

The PDP (1999-2003) included the housing sector and set a number of strategies, most important of which are:

1. Involving the private sector in establishing housing projects for persons with limited income.

2. Providing general services and infrastructure for housing projects.

3. Establishing a system for long-term housing loans through real estate mortgage institutions, among others.

4. Establishing standards, specifications and criteria for housing projects.

5. Intensifying the establishment of housing projects in rural and border areas and making available all required services.

In addition to the above, the Ministry of Housing added other strategies including:

1. Completing the project of zoning, management and registration of state land, and completing the execution of infrastructure projects and housing units executed by the ministry.

2. Promoting housing programs and policies and completing preparations for a legislative and legal base for drafting laws and criteria for human housing development.

The PDP (1999-2003) allocated the amount of USD 55,125,000 for the housing sector.

1.8 Priorities

The PNPAHR aims at drawing up a housing strategy based on respect for the right to adequate and safe housing, in accordance with international standards, through defining the Palestinian concept of the right to adequate housing based primarily on the nature of the economic, social, cultural, and political conditions and in light of available resources.

Public investment and donations have contributed to the stability of social indicators, including housing. Nevertheless, investment in this sector falls considerably short of fulfilling needs. This is expected to impact on this sector in the future especially in light of population growth and expanding needs and necessitates the taking of immediate action, including legislative, administrative, judicial, economic and social measures, to guarantee the right to adequate housing. Hence, it is necessary to concentrate on a number of urgent priorities in this sector.

Special effort must be made to upgrade and enhance the organizational structure of the general and the district administrations within the Housing Ministry. Special care must be given to the development of human resources and to allocation of special budgets to fulfil PNA commitments towards the poor and marginalized sectors of the population so that they can enjoy their right to adequate and safe housing.

The Ministry of Housing must make amendments to the system of marketing houses currently in practice to prevent persons in possession of real estate, land or other houses from benefiting from this scheme. It should also establish principles of equity and fairness taking levels of income into consideration when calculating monthly instalments, in addition to providing legal protection to those subjected to eviction or removal orders.

A legal framework for housing must be developed to include:

· Explicit provisions in the Palestinian Constitution concerning the right of every Palestinian individual and family to adequate housing.

· Completion of the issue of laws as necessary to upgrade the performance of the housing sector.

· Amending existing laws to ensure compliance with international covenants and standards. These laws include:

- Law of Land Settlement

- Ottoman Law Land Law

- Law of Zoning and Property (Land) Appraisal

- Law of Property Tax

- Law of Income Tax

· Unifying existing laws and ensuring enforcement throughout the entire Palestinian territories.

· Abolishing Israeli military orders that hinder the development of the Palestinian housing sector.

· Developing housing funding through the establishment of financial and credit institutions and funds (saving/loans).

· Development of an Investment Law to incorporate the requirements of the housing sector, to include incentives for the execution of housing projects and to consequently encourage and facilitate the movement of capital into Palestine.

· Developing and expanding zoning plans and restructuring them to cater for the development of the housing sector to meet the current deficit and population growth.

· Reforming the institutional status of the Palestinian Housing Council to enable its transformation into a financial institution to serve as a housing fund or bank.

· Developing the infrastructure in such a manner as to preserve population, environmental and housing balance and to establish equity of utilization of state and private property and land.

· Establishing without delay a Housing Aid Fund to satisfy the demand of the low-income sectors and to ensure financial resources for this fund from various sources including a loan from the World Bank.

· Upgrading the performance of the private sector operating in the housing sector and fostering cooperation between the private and public sectors.

· Developing government and semi-public institutions to assess the degree of violations of the right to adequate housing in Palestine through any official department. This also includes maintaining an appropriate database.

· Furthering scientific research to determine the incidence and degree of housing shortages and their geographical distribution, in order to determine levels of supply and demand and to survey annual rates of construction licenses. Experience of other countries in resolving housing problems can be built on in this respect.

· Upgrading and developing the court system, establishing specialized courts and developing the laws on civil and criminal court procedure in addition to the civil and penal codes.

· Addressing housing developments in the refugee camps to resolve the shortage in adequate housing therein, internal migration, illegal and non-licensed construction, in addition to the problem of infrastructure.

· Establishing equity between urban and rural areas.

· Executing housing projects for the released prisoners commensurate with their financial abilities.

1.9 Plan Implementation mechanism

1. Right to adequate housing:

a. The right to a house that preserves privacy;

b. The right to accessibility to the residence;

c. The right to adequate space;

d. The right to safety and security and legal protection for the residents;

e. The right to adequate infrastructure, heating and ventilation …etc.;

f. The right to spacing between houses, as well as between residential areas.

Indicators

ê Percentage of inhabited houses suitable for human occupancy;

ê Percentage of residential areas served with adequate infrastructure, including paved roads, transportation lines and sewage networks.

Responsible Bodies

ê Ministry of Housing, Ministry of Public Works, Ministry of Transport, Ministry of Interior, and NGOs operating in the field.

2. The right to services and facilities:

a. The right to water, electricity and sewage networks;

b. The right to telephone lines and services;

c. The right to have civil defence services and medical centers;

d. The right to have schools in the vicinity of the residential areas;

e. The right to have connecting roads and transportation routes.

Indicators

ê Ratio of areas not receiving water and electricity services to all other areas;

ê Ratio of areas served by the civil defence and health centres and proportion to population;

ê Ratio of schools in and near the residential areas and the proportion of schools to the number of registered students in the area.

Responsible Bodies

ê Ministry of Public Works, Ministry of Health, Ministry of Education, Ministry of Communications, Ministry of Transportation, Water Authority, Energy Authority, Civil Defence, Palestine Red Crescent Society and relevant NGOs.

3. The right of everyone to healthy and environmentally sound housing:

a. The right to housing in specially designated residential areas;

b. The right to freedom from air or water pollution;

c. The right to access to sewage networks.

Indicators

ê Ratio of houses in industrial areas;

ê Ratio of houses in environmentally sound areas;

ê Ratio of houses connected to the sewage networks.

Responsible Bodies

ê Ministry of Housing, Ministry of Environment and Ministry of Health.

4. The right to access to financial aid for housing:

a. The right to have available houses at adequate cost suiting those with limited income;

b. The right to housing loans;

c. The right to have available a special law to regulate rents.

Indicators

ê Number of housing units offered for sale;

ê Number of loans issued for housing purposes.

Responsible Bodies

ê Ministry of Housing, banks and credit institutions, construction firms and development agencies.

5. The right to sanctity of homes from Israeli violations:

a. The right to live in residential areas free from Israeli military training zones;

b. The right to live free from harassment by Israeli occupying forces and settlers.

Indicators

ê Number of residents subjected to danger by the Israelis;

ê Percentage of the population in areas near Israeli military training zones.

Responsible Bodies

ê Ministry of Housing, Ministry of Civil Affairs and relevant NGOs

1.10 Control

1) The position of Controller-General of Housing Affairs should be established through a competent institution and mechanisms and criteria determined to ensure the proper regulation of this sector;

2) The Controller-General should prepare an annual report on conditions of the housing sector, the developments therein and the tools and mechanisms to ensure the proper implementation of housing plans. The report should be incorporated in the annual report of the PNPAHR;

3) A special committee on housing affairs should be established within the PLC;

4) A competent local NGO operating in the field should be designated to assist the Controller-General in the execution of his duties;

5) The indicators listed above constitute the basis for the annual evaluation report. For this purpose, a specialised institution should be designated to compile and maintain a specialised database to ensure proper monitoring;

6) Special mechanisms should be developed to ensure the discussion of the annual report by competent executive and legislative bodies, incorporation of recommendations and determination of follow up actions.

The role of the Ministry of Housing must not, by any means, be diminished in this regard. While the ministry bears executive responsibility for the implementation of the plan, it also has a vital responsibility for overview and control.

2. Health

Introduction

Years of Israeli occupation contributed to the deterioration of health services, as in all other sectors. Israeli policies of closure obstructed the movement of patients and health workers, and also impacted on the general health conditions of Palestinians.

The PNA has paid special attention to the Palestinian health sector since assuming responsibility over the Palestinian territory. However, the young age of the PNA and the separation of the two areas of the Palestinian territory have impinged on development and health programmes in the governmental and the non-governmental sectors. There are still numerous basic steps that need to be taken in order to achieve adequate levels of health services.

2.1 Constitutional and Legal Provisions

The Basic Law addresses the right to adequate health through a number of related rights, albeit not in separate articles. It is incorporated within the right to work and in other sections pertaining to care of mother and children and scientific experiments.

· Article 22 provides that “Social, health, disability, and retirement insurance shall be regulated by law”, asserting the article’s applicability to families of martyrs and prisoners.

· Article 16 states: “It is unlawful to conduct any medical or scientific experiment on any person without his prior legal consent. No person shall be subject to medical experimentation, treatment, or surgery, except in accordance with law”.

· Article 25 regulates work relationships in a manner that “guarantees justice and provides security, health and social insurance to all workers”.

· Article 19 prohibits the exploitation of children or allowing them to perform work, which might damage their safety, health, or education.

· The draft Constitution also addresses health issues in Palestine, repeating the above provisions.

It should be noted that health laws currently applied in the West Bank differ from those enacted in the Gaza Strip. In the Gaza Strip the Law of Public Health No. 40 of 1940 and the subsequent laws issued by the Egyptian Administration and amendments thereto by the occupation authorities are all focused on communicable diseases, vaccination, combating cholera, dentistry, veterinary medicine, pharmacists and health quarantine. Whereas in the West Bank there are the Law of Public Health No. 43 of 1966, the Health Quarantine Law of 1922 and a set of laws, regulations and orders dealing with issues pertaining to the Union of Pharmacists, health insurance and services, dangerous drugs, the Union of Dentists and the Doctors’ Union. Relevant PNA authorities have embarked on the preparation of a draft Palestinian Public Health Law, which has been discussed by the PLC and is pending approval.

The draft law consists of 14 sections that deal with mother and child care, epidemics, communicable diseases, health quarantine, health hazards, environmental health, occupational health, health education, medical drugs (pharmaceuticals), supporting medical professions, food safety, hospitals, clinics and health centers and penal provisions for violators of the law.

2.2 International Commitments

International conventions have paid great attention to the issue of health in all its aspects and affected sectors.

· Article 25 of the Universal Declaration of Human Rights provides that: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, and medical care and necessary social services”;

· The International Covenant on Economic, Social and Cultural Rights identifies several necessary steps for enactment of the right to health as follows:

1. Reducing infant mortality;

2. Improving the conditions of the environment, industry, the prevention, treatment and control of communicable diseases and ensuring availability of medical services for the sick;

· Principle 4 of the Declaration of the Rights of the Child provides that: “the child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care”;

· Article 8 of the Declaration on the Right to Development urges that “States should undertake, at the national level, all necessary measures for the realisation of the right to development and shall ensure, inter alia, equality of opportunity for all in access to ... health services”;

· The Declaration on the Rights of Mentally Retarded Persons also provides for their right to receive appropriate care and medical treatment;

· The Declaration on Social Progress and Development calls for the achievement of several objectives including improving conditions of health and safety of workers. The provision of health protection for the entire population, if possible free of charge, the protection of the rights of women and children, concern for the proper upbringing and health of children and the taking of all necessary measures to protect the health and welfare of women, particularly working women;

· The Declaration on the Protection of Women and Children in Emergency and Armed Conflicts states that “women and children belonging to the civilian population and finding themselves in circumstances of armed conflict …. shall not be deprived of shelter, food, medical aid or other inalienable rights, in accordance with the provisions of the Universal Declaration of Human Rights”;

· The Convention on the Rights of the Child provides for the right of the child to enjoy the highest attainable standard of health and asserts the right of the child to health care facilities and to the treatment of illnesses. It states that no child shall be deprived the right to health care services, of protection against diseases and malnutrition, to rehabilitation and to adequate prenatal and post-natal care;

· The Convention on the Elimination of All Forms of Discrimination against Women calls upon states parties to take all necessary measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning, and to ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period”;

· The UN Declaration on the Elimination of All Forms of Racial Discrimination urges states parties to prohibit racial discrimination related to the exercise of the right to health care services and medical care.

· In addition, various recommendations have been adopted by recent international conferences such as:

- Habitat Conference, Cairo, 1994

- Beijing Conference, 1994

- Copenhagen Conference, 1995

- United Nations Millennium Summit, 2000

2.3 Current Situation and Official Policies

The PNA has introduced a number of improvements in the health sector, which was left in total ruin as a result of the Israeli occupation. However, improvements in health institutions were not commensurate with the population increase, and have not yet reached in quantity or quality international standards.

The Palestinians still suffer from lack of health security. Differences still persist between the West Bank and Gaza Strip (WBGS) and between urban and rural areas with regards to primary health care. The same situation applies with regards to infant mortality rates. The geographic distribution of health services is not equitable in spite of the construction of several new hospitals.

The health sector suffers from a severe shortage in the number of doctors, as there are only 10 doctors/10,000. There is also a severe shortage in modern medical equipment, perpetuating as such the state of dependency on Israeli hospitals. Occupation policy persists with regards to restricting movement of patients and health care workers, particularly barring them from entering Jerusalem.

In addition, certain traditional practices and customs have a very negative impact on the health conditions of many people, as they normally result in inaccurate diagnosis and cause further deterioration of the cases or even death, such practices include burning wounds, obtaining medical drugs without official prescription or resorting to swindlers and fortune-tellers.

The ineffectiveness of the Palestinian medical unions, and the lack of structural unity and integration of unions in either section of the Palestinian territories has led to a weakening of union work and tradition in Palestine. Unions are also susceptible to frequent interventions by the PNA.

Health services are provided by the Ministry of Health, Palestinian NGOs, UNRWA and the private sector. Health officials are aware of issues pertaining to human rights in the health sector, albeit in the absence of a long-term plan in this regard. Moreover, basic health services still do not fulfil the needs of the Palestinian society, especially the poor and marginalized sectors. This is due to a lack of financial resources and adequate budgetary allocations needed for the construction and equipping of new hospitals and for the procurement of medications and modern medical equipment. This situation makes the issue of enjoyment of the right to health and equity a matter of utmost urgency.

Table 2. SEQ Table_2. \* ARABIC 1: Distribution of Health Facilities in Palestine

	Government			NGOs			UNRWA
	Hospital[2]	Primary Health Care	Specialised Care	Hospital	Primary Health Care	Specialised Care	Hospital	Primary Health Care	Specialised Care
West Bank	9	300	-	1	34	-	28	104	3
Gaza Strip	5	35	1	-	17	-	7	40	27
Total	14	335	1	1	51	-	35	144	30

2.4 Legislation

The review of applicable health laws in the West Bank and the Gaza Strip reveals that the laws governing the health sector have all been issued by external foreign authorities and were not aimed at safeguarding the interests or the well being of the Palestinian population. Moreover, these are antiquated and do not cater for any political, economic, social or scientific advancement. In fact these laws were initially adopted to serve the interests of the ruling authorities and to maintain control over the people, without regard to international human rights standards and conventions. In addition, there exist fundamental disparities between the laws applied in the West Bank and those applied in the Gaza Strip.

Thus, the promulgation of a Palestinian National Public Health Law has been the focus of attention of the PNA institutions. The draft law, however, does not comply in full with international standards for human rights in the sphere of health, as it does not provide for the health rights of prisoners and persons in detention. There is also a need for the law to address swindlers who claim to be healers. Moreover, the law does not contain a clear definition regarding the roles of the medical profession unions nor does it include guidelines for regulating the relations between medical professionals and patients. There is also a need to adopt special regulations to protect doctors and medical professionals in the practice of their profession, in addition to regulating organ transplants, health insurance and the entitlements of the marginalized sector to health care.

2.5 Difficulties and Challenges: Means of Overcoming Them

The application of human rights in the field of health faces a variety of challenges that are summarized as follows:

· Non-completion of institutional organization of the sector;

· Insufficient legal framework;

· Absence of educational campaigns for citizens and officials alike regarding international standards and their rights in the field of health;

· Absence of proper planning and sufficient budgets for health needs;

· Incompetent union work in Palestine and the affiliation thereof to external bodies;

· Absence of a national system and a national health insurance institution.

2.6 Relevant Institutions and their Roles

Ministry of Health is the primary institution tasked with the maintenance and upgrading of health services and conditions. It also has responsibility for raising awareness of health workers regarding international human rights standards pertaining to health, and intensifying efforts to advise citizens on their rights in order to eliminate negative traditions and customs and develop basic health services, particularly to the poor and marginalized sectors.

In addition, the ministry has a vital role in ensuring the construction of hospitals and equipping them with equipment, specialized physicians and health professionals and medications in addition to effective participation in raising community awareness.

PLC has to accelerate the process of adopting relevant laws taking into consideration international standards and international conventions. It should also monitor closely the performance of the executive authority vis-à-vis implementation and compliance with the health laws and try to provide budgetary allocations sufficient for upgrading the health sector.

NGOs have to participate effectively in community awareness campaigns that focus on raising awareness on human rights and avoiding the negative aspects of traditions and customs. Non-governmental organisations can also contribute effectively to the development of basic health services for poor and marginalized sectors. In addition, they can play a role in setting human rights standards and defining mechanisms for enforcement.

UNRWA must continue providing health services and upgrading and improving the standards of health services offered to the refugee community until such time as the refugee problem finds a just solution.

The private sector has to continue to take the initiative to develop health services and facilities while preserving the ethics of the medical profession and refraining from seeking easy financial gains.

In addition, there are other significant roles for the various PNA institutions and civil society organizations to play with regard to raising funds for developing the health sector, particularly in connection with social security and health insurance, in addition to monitoring performance and implementation with a view to ensure adherence of all operatives to the requirements of human rights and the provision of high quality services.

2.7 Financial Needs and Resources

The PDP for 1999-2003 identified strategies for developing the health sector which include:

1. Upgrading primary health care centers and establishing new centers, giving priority to preventative medicine and primary health care;

2. Upgrading skills of workers in the health sector;

3. Providing model health services through consolidating the efforts of and enhancing coordination and cooperation between governmental and non-governmental, private and UNRWA health providers.

The Ministry of Health has asserted a number of strategies, the most important of which are:

1. Expanding and developing all programs within health services and facilities commensurate with population growth and growing demands;

2. Initiating and developing a unified and efficient national health insurance system;

3. Encouraging cooperation between governmental and non-governmental institutions and UN agencies;

4. Upgrading the efficiency of health services through the adoption of regulations and administrative and technical policies and standards.

The PDP estimates the cost of health projects at USD 295,105,000 for the years 1999-2003.

2.8 Priorities

In addition to, and supplementing the PDP, there are some important steps that should be taken:

· The PLC has to accelerate the process of adopting draft laws pertaining to the health sector;

· The budget necessary for upgrading the governmental health sector must be allocated to ensure the building of modern specialized hospitals and the improvement of existing ones, an increase in the number of doctors of all specializations, in accordance with the needs of the population, and an increase in their salaries compatible with the task entrusted to them. In addition budgetary allocations should be sufficient to make available medications and modern equipment to enable treatment of all patients and reduction of reliance on external transfer of patients;

· Adequate attention must be paid to preventive health services such as vaccination against communicable and infectious diseases, sexual and reproductive health, environment, water, nutrition and appropriate accommodation;

· Access to medical treatment for the poor and marginalized sectors must be ensured through health insurance and establishment of a national health insurance institution;

· Union work in the health field must be regulated and unified throughout the Palestinian territories;

· Inspection campaigns must be conducted to cover all dements of the health sector - hospitals, health centres, doctors, or pharmacists;

· A sufficient number of ambulances must be made available and special routes prepared to enhance paramedics’ ability to rescue the wounded;

· Palestinian medical colleges must be supported through recruitment of competent human resources and provision of modern scientific equipment;

· Public information and education campaigns must be conducted to advise citizens on their rights in order to curb negative customs and traditions and to encourage them to refrain from resorting to swindlers and healers;

· Compensation must be provided for injuries resulting from malpractice;

· Cooperation with international agencies such as the WHO and UNICEF must be reinforced.

2.9 Plan Implementation Mechanism

1. The Right to Primary Health Care Services:

ê The right to protection from communicable and infectious diseases;[3]

ê The right to receive sex education and reproductive health services and freedom of choice as to whether or not to use contraceptives;

ê The right to obtain clean, safe, potable water in a clean environment;

ê The right to a nutritious and healthy diet.

Indicators

ê Infant mortality in relation to the number of live births;

ê Volume of allocated budgets;

ê Availability of health services to the public.

ê Level of incidence of communicable diseases.

Responsible Bodies

ê Ministry of Health, Ministry of Supplies and Ministry of Finance.

2. Right to Public Health Protection

a. The right to access health services in properly equipped and qualified centers;

b. The right to receive timely emergency and civil defence services based in adequate premises;

c. The right to safety and security in all places and the right to privacy of patients;

d. The right to a health law to ensure services to the population;

e. The right to receive specialized medical services such as heart surgery and neuro-surgery;

f. The right of the citizen not to have any of their body organs removed for transplant or to be subjected to medical experimentation without prior legal and wilful consent;

g. The right to receive information and health education and to be acquainted with international human rights standards.

Indicators

ê Number of specialized centers;

ê Number and geographic distribution of emergency services centers;

ê Information and education facilities and media;

ê Adopted procedures regarding organ transplants and scientific experiments.

Responsible Bodies

ê Ministry of Health, PLC, Civil Defence, the NGO sector, UNRWA and the Union of Health Workers.

3. The Right of People with Special Needs to Specialised Treatment

a. The right to health services for disability and psychiatric health services in specialized centers;

b. The right to rehabilitation programs to enable the disabled to develop and maximize their potential;

c. The right of all Palestinians for compensation for physical injuries and psychological harm resulting from being injured, arrested or tortured;

d. The right to appropriate medical treatment for all prisoners and detainees, and to protection against physical punishment.

Indicators

ê Number and quality of health centers for disability and psychological care centers;

ê Number of disabled persons enrolled in rehabilitation programs;

ê Number of the injured not receiving compensation in relation to the total number of injuries;

Responsible Bodies

ê Ministry of Health, charitable and non-governmental organisations and Public Security.

4. The Right of Individuals and Groups to Union Work and Participation in Decision Making:

a. The right to form non-governmental health institutions to service specific purposes;

b. The right to participate in trade unions and collective bargaining, combat unemployment and establish fair working conditions;

c. The right to fair working conditions for all medical professionals;

d. The right to legal recourse in the courts whenever necessary for patients or health workers;

e. The right of health workers to protection against any influences or interventions that may impact negatively on their work;

f. The right to receive health education and involve the community in the planning and implementation thereof.

Indicators:

ê Number and effectiveness of non-governmental organisations;

ê Existence of effective unions;

ê Evidence of community participation.

Responsible Bodies:

ê PLC, Ministry of Health, health unions and Ministry of Interior

5. The Right to Receive Appropriate Treatment at a Reasonable Cost:

The right to have available:

a. Sufficient number of hospitals proportionate to the population in each district;

b. Health care centers throughout the country proportionate to the population in each area;

c. All medications available at reasonable cost in the health centers;

d. Sufficient number of ambulances proportionate to the population in each area.

Indicators:

ê Number of hospitals and hospital beds per capita in each governorate;

ê Number of health centers;

ê Number of pharmacies;

ê Number of ambulances;

ê Budget subsidies for medications;

ê Existence of special ambulance routes to enable rapid transport of cases.

Responsible Bodies

ê Ministry of Health, UNRWA, Palestine Red Crescent Society (PRCS), voluntary and NGOs and local councils.

6. The Right to Receive Health Education for All the Community.

a. The right to organize health education and awareness-raising courses;

b. The right to organize first aid training courses;

c. The right to include general public health materials in school curricula;

d. The right to receive health education publications;

e. The right to receive advice against swindlers operating in the field of health.

Indicators:

ê Number of general health advisors/counsellors in each governorate;

ê Number of health education publications.

Responsible Bodies

ê Ministry of Health, Ministry of Education, Palestine Red Crescent Society, voluntary and non-governmental organisations and UNRWA.

7. The Right to Receive Mother and Child Care:

a. The right to availability of family planning services and adequate maternal services;

b. Availability of sex and reproductive health education programs;

c. Availability of mother and child care centers in all the areas;

d. Availability of an effective health insurance scheme;

e. Availability of advice regarding family planning and birth spacing;

f. The right to receive free medical services for newborns.

Indicators:

ê Number of mother and child care centres in proportion to the population in each district;

ê Number of sex education and reproductive health specialists in each area;

ê Fertility rate in Palestine;

ê Infant mortality rate;

ê Number of citizens obtaining health insurance.

Responsible Bodies

ê Ministry of Health, UNRWA, Palestine Red Crescent Society and voluntary and non-governmental organisations

2.10 Control

1) The position of Controller-General of Health Affairs should be established through a competent institution and mechanisms and criteria determined to ensure the proper regulation of this sector;

2) The Controller-General should prepare an annual report on conditions of the health sector and the developments therein and the tools and mechanisms to ensure the proper implementation of health plans. The report should be incorporated in the annual report of the PNPAHR;

3) A special committee should be established within the PLC on health affairs;

4) A competent local NGO operating in the field should be designated to assist the Controller-General in the execution of his duties;

5) The indicators listed above constitute the base for the annual evaluation report. For this purpose, a specialised institution should be designated to compile and maintain a specialised database to ensure proper monitoring;

The role of the Ministry of Health must not, by any means, be diminished in this regard. While the ministry bears executive responsibility for the implementation of the plan, it also has a vital responsibility for overview and control.

3. Education

Introduction

The right to education is one of the most significant fundamental human rights. It is an economic, social as well as a cultural right. Above all it is also viewed as a civil and political right.

As with every other human right, the right to education implies three levels of responsibilities and duties: respect, protection and implementation. “Respect” here means refraining from adopting any measures that would hinder the exercise and full enjoyment of this right. “Protection” involves responsibilities such as preventing others from interfering with the exercise of this right, while implementation means adopting such measures and procedures as may be necessary to enable persons and groups to exercise the right to education. During the Israeli occupation of the Palestinian territories, there were numerous violations at each and every one of these levels. The PNA launched ambitious programs to remedy this situation with a degree of success but tremendous tasks still lie ahead.

3.1 Constitutional and Legal Provisions

Education has assumed a vital role in the life of the Palestinian people throughout its history. The first Palestinian intifada impacted negatively on the standard of education in various ways, inducing the PNA to give education its special attention as evidenced by the following:

· The draft Basic Law incorporates special provisions concerning the right to education. Article 24 provides that “every citizen has the right to education. It shall be compulsory until at least the end of the basic grades, and it shall be free in public schools and institutions”.

· Article 50 of the draft Temporary Constitution provides that everyone has the right to education, and that the state shall assume responsibility for education until the secondary stage, and for making it available free in public schools and institutions.

· Article 51 of the Draft Temporary Constitution provides that private education shall be independent and its curricula and regulations shall be set and supervised by the State.

There are disparities between the applicable laws regulating the education sector in the West Bank and the Gaza Strip.

The education sector in the Gaza Strip is governed by the Education Law of 1933 and successive amendments thereto ending with Military Order 538 of 1961. In the West Bank, education is regulated by the Jordanian Law No. 16 of 1964, article 11 of which provides for free education at the compulsory stage in government-run schools.

3.2 International Commitments

International human rights conventions and declarations have addressed the right to education as manifested by the following:

· Article 26 of the Universal Declaration of Human Rights clearly states that the right of everyone to education shall be free and compulsory at least in the elementary and fundamental stages.

· Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights assert the right of everyone to education and state that education shall enable persons to participate effectively in a free society. The articles also provide that primary education shall be compulsory and available free to all, and that secondary education, including vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education.

· Articles 10 and 14 of the Convention on the Elimination of All Forms of Discrimination Against Women call for the provision of the same conditions for women for career and vocational guidance and for access to studies and for the achievement of diplomas in educational establishments of all categories, as well as the same opportunity to benefit from scholarships and other study grants. The articles also call for the provision of the same opportunities for access to programs of continuing education, including adult and functional literacy programs, and for encouraging coeducation and other types of education which will help the elimination of stereotyped concepts of the roles of men and women at all levels and in all forms of education.

· Article 28 of the Convention on the Rights of the Child states that every child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages.

· The UN Third Millennium Conference adopted the slogan of achieving basic education for all by the year 2015.

3.3 Current Situation and Official Policies

The underlying principle in the Palestinian territories is that the right to education shall be exercised by all school age children. Nevertheless various factors and conditions have converged to hinder the application of this principle. The PNA has given this sector remarkable attention by renovating and rehabilitating a number of educational facilities and building a number of new educational premises.

Education is provided mainly through the government sector (67.5%), UNRWA (26%), while the private sector provides only 6.3%. In addition to providing education services for students and managing the school system from the basic stage until the secondary stage, the Ministry of Education is also responsible for overview and supervision of all the private and UNRWA-run schools, particularly in connection to school curricula.

The table below shows the number of schools in the Palestinian territories according to the supervising body:

Table 3. SEQ Table_3. \* ARABIC 1: Number of Schools in the Palestinian Territories, 1999/2000 [4]

Supervising Authority	West Bank	Gaza Strip	Total
Ministry of Education	1,069	220	1,289
UNRWA	96	168	264
Private	197	17	214
Total	=SUM(ABOVE) 1,362	=SUM(ABOVE) 405	=SUM(ABOVE) 1,767

s Source: Ministry of Education, 1999/2000.

s The table also shows the small number of private schools in the Gaza Strip. Private schools are heavily concentrated in the central area of the West Bank.

The government sector does not assume a major role in providing pre-school (kindergarten) education, as the Ministry of Education is in charge of only two kindergartens. Pre-school education is provided mainly by voluntary and non-governmental organizations and the private sector. The Gaza Strip lacks sufficient kindergartens and pre-school educational facilities, which are mostly supervised by UNRWA. It has also been noted that kindergartens are not equitably distributed throughout the Palestinian territories. Most are concentrated in urban areas while very few exist in refugee camps.

The following table shows the number of students in the Palestinian territories according to distribution in school stages for the scholastic year 1999/2000.

Table 3. SEQ Table_3. \* ARABIC 2: Number of Students in the Palestinian Territories, 1999/2000

School Stage	West Bank	Gaza Strip	Total
Basic Stage	474,679	318,316	792,995
Secondary Stage	42,041	30,509	72,550
Total	=SUM(ABOVE) 516,720	=SUM(ABOVE) 348,825	=SUM(ABOVE) 865,545

Enrolment of eligible pupils is over 91%. This percentage drops sharply to 45% at the secondary stage, i.e. some 55% of students do not receive secondary education. The ratio of female students is reduced at higher school stages even though they are equal in numbers to male students in initial enrolment.

The following table shows the number of students and teachers for the scholastic year 1999/2000.

Table 3. SEQ Table_3. \* ARABIC 3: Number of Students and Teachers, 1999/2000

	West Bank	Gaza Strip	Total
Teachers (male)	11,384	5,643	17,027
Students (male)	206,784	86,709	293,493
Teachers (female)	11,478	5,321	16,799
Students (female)	205,406	174,587	379,993

Table 3. SEQ Table_3. \* ARABIC 4: Current and Projected Enrolment in All Palestinian Schools

	1999/2000	2003/2004
Basic stage	793,000	978,000
Secondary stage	67,000	87,000
Vocational training	3,000	7,000
Total	866,000	1,079,000
No. of graduates
Basic stage	43,000	62,000
Secondary stage	31,000	46,000

Table 3. SEQ Table_3. \* ARABIC 5: Current and Projected Number of Classrooms in Government Schools

	1999/2000	2000/2001	2001/2002	2002/2003	2003/2004	Total
Academic Education	14,309	14,900	15,500	16,100	16,700	=SUM(LEFT) 77,509
Vocational Education	103	120	140	170	210	=SUM(LEFT) 743
Required Additions	856	720	720	730	640	=SUM(LEFT) 3666
Total	15,268	15,740	16,360	17,000	17,550	81,918

The data above indicates that the pupil teacher ratio in government schools is 29.6:1 (26.7 in the West Bank and 35.7 in the Gaza Strip), and rises at UNRWA schools to 39:1 (34 in the West Bank and 41 in the Gaza Strip), whereas it stands at 20:1 in the private schools. The academic qualifications of the workers in the education sector in the West Bank and the Gaza Strip are diverse. Available data indicates that 6.5% of the schoolteachers in the West Bank and the Gaza Strip have secondary education certificates or lower certificates, whereas 46% have intermediate diplomas. 46% of the teachers have bachelor degrees and only 1% hold master’s degrees. 56% of the university degree holders are males and 44% females.

In light of the weakness of the Palestinian economy, the salaries received by teachers are inadequate and can barely cover their daily needs. This drives a considerable number of teachers to seek additional jobs outside school hours, compromising their social standing and diminishing their job satisfaction.

With regard to school conditions, data reveals that a large percentage of Palestinian schools (43%) lack one or more basic services, such as running water, electricity, or latrines. In addition many schools lack facilities such as libraries, science laboratories, schoolyards and playgrounds.

The Ministry of Education is exerting efforts to build new schools with a view to satisfying the demand for additional classrooms in order to reduce occupancy and over crowdedness, and to enable the absorption of the progressively growing number of pupils. The problem of classroom over crowdedness is more intense at the lower (basic) stage than the secondary stage, in the Gaza Strip than in the West Bank and in the governmental and UNRWA schools than in the private schools.

A new Palestinian curriculum has been compiled by specialized bodies within the PNA. It has been introduced at the first and the sixth grades in the current school year 2000/2001, pending generalization at all grades by the school year 2004/2005.

With respect to post-school education, the Ministry of Higher Education was established in 1996 with a view to augmenting the role of the Palestinian Higher Education Council. There are currently eight Palestinian universities in the West Bank and the Gaza Strip, in addition to the Arab-American University, established recently in Jenin District. There are also four BA-granting community colleges and a number of intermediate community colleges granting intermediate diplomas. Vocational/ professional training has not received adequate attention despite the great existing demand.

The Ministry of Education pays great attention to the issue of training and upgrading the performance of teachers it currently employs. According to available data, the Ministry of Education is encouraging teachers who enrol in higher studies by reducing their workload to enable them to pursue their education. There are currently some 650 teachers registered in various MA programs. In addition, the Ministry organizes and conducts intensive training courses in various specializations to rehabilitate the teachers and upgrade their competence and skills consistent with the curricular developments and requirements of the teaching process.

3.4 Legislation

The applicable laws in the Gaza Strip do not require education to be compulsory or free in any educational stage. The applicable laws in the West Bank provide for compulsory education for the first nine years of schooling, and also state that this period is free of charge in governmental schools. It is necessary to draft a Palestinian Law of Education that unifies legislation on the one hand and is modern and contemporary on the other.

3.5 Difficulties and challenges, means of confronting them

Lack of financial resources is one of the most formidable obstacles impeding full exercise of the right to education. Moreover, current policies and programmes do not lead to the full exercise of this right. In addition, school fees and other costs determined by the government or any of its departments constitute a burden that impedes the exercise of this right for many people, in addition to indirect expenses such as the cost of uniforms, books, stationery and transportation. Data indicates that enrolment of girls from the rural areas in the secondary stage is comparatively low due to distance of schools from places of living.

These are some of the most important problems facing this sector:

· Lack of financial resources allocated in the main budget for the education sector stands as a major impediment to achieving any significant development or alleviating the intensity of existing problems.

· Low classroom numbers are one of the most important conditions for quality education. High classroom numbers constitute a great impediment to developing educational services, particularly in light of increasing numbers due to natural population increase.

· The educational process requires that schools should have a number of facilities and services such as water, electricity, toilet units, libraries, laboratories, recreational and technological facilities and health units. Available data indicates that such facilities are lacking in 43% of the schools in the Gaza Strip and in many of the West Bank schools.

· The presence of two different curricula in the Palestinian Territories is an additional problem, besides the fact that they do not reflect the national, cultural and civic identity of Palestinian students.

· Although there are 13 vocational training schools in Palestine, it has been noted that students tend to refrain from entering vocational training. This is attributed to the fact that these centres operate in isolation from institutions of higher education and industry. Thus, these centres absorb only students with very poor academic performance or those drawn from poor families.

· Salaries received by the workers in this sector are low in comparison with the cost of living. This has a negative effect on workers’ job satisfaction and performance, in addition to their social standing.

Documents produced by the Ministry of Education have identified nine main challenges for the current situation:

· Maintaining a high level of achievement in the primary education stages.

· Enhancing enrolment rates in the secondary stage.

· Establishing and promoting a comprehensive system for vocational training.

· Lack of sufficient teaching aids in schools.

· Modernising the curricula.

· Conducting an annual assessment of the Palestinian educational process.

· Training and rehabilitating schoolteachers.

· Upgrading the administrative and professional competence of school management.

· Building the capacity of human resources capable of managing the educational sector.

3.6 Relevant Institutions and their Roles

In addition to the Ministry of Education, which has primary responsibility for the maintenance and development of the education sector, with the Ministry of Higher Education, there are several ministries and departments that assume vital roles in the education sector. These include:

Ministry of Local Government has the responsibility of ensuring provision of schools with running water and electricity, connecting schools with sewage networks, maintaining proper roads and constructing school buildings and playgrounds.

PECDAR is assigned with the task of giving top priority to and funding educational infrastructure.

UNRWA must continue to be responsible for the education sector of Palestinian refugees and to develop this sector in accordance with international standards.

Palestinian NGOs have the responsibility of conducting research work and organizing seminars and workshops aiming at raising the awareness of the population and government departments concerning the importance of educating children and the problems of the education sector.

PLC should draft legislation compatible with international standards for human rights in the sphere of education and must take special care to assign sufficient budgets for this sector and to exercise control and supervision over government policies and plans regarding this sector.

Teachers’ unions should endeavour to pursue the demands of workers in the education sector, in a manner, which ensures high educational standards without prejudicing the interests of the students or the public interest.

Universities should seek to develop their programmes and specialisations in a manner, which encourages students to pursue their primary and secondary education in order to join the universities and the labour force thereafter.

As the primary body, the Ministry of Education should be held responsible for the entire educational process, inclusive of primary and secondary education in its different branches. Included within its responsibilities are the adoption of relevant laws and their implementation, planning the educational and teaching process, preparing regular budgets and over-viewing curricula and school management.

In all aspects of its work, UNRWA should continue to assume full responsibility for the continuation and development of the educational process in the schools under its supervision, in full coordination with the Ministry of Education. Encouraging private schools is another important component of the role of the ministry to ensure that they operate in accordance with relevant national laws and adopted educational procedures and policies.

It is also essential to consider possibilities for future development, which could include assigning the responsibility of overview of schools to the local councils under the supervision of the Ministry of Education.

In the framework of the Palestinian infrastructure development plan, which includes the education sector, several ministries share important responsibilities such as the Ministry of Local Government through which many schools are constructed, from funding by the donor countries in partnership with PECDAR.

The existence of a special committee within the PLC is a positive and significant development. However, the existing committee needs to work more actively, particularly with regards to filling the legislative gaps by drafting a contemporary and modern law for education and enhancing coordination with the Ministry of Education vis-à-vis the planning of the educational process.

3.7 Financial Needs and Resources

The PDP for 1999–2003 recommended a strategy for the development of the education sector based on the following:

1. Absorption of new students and returnee students through the construction of new school buildings in various areas and adding new classrooms in existing schools;

2. Modernisation of vocational training programmes and adapting such programmes to the needs of Palestinian society through the establishment of new, specialised and modern training schools;

3. Encouraging private institutions and companies to contribute to the construction of new schools;

4. Participation of Palestinian and Arab personalities in the construction of schools.

According to the PDP for 1999–2003, allocations for education amount to US$ 430,446,000 million, comprising the total cost of educational projects.

Table 3. SEQ Table_3. \* ARABIC 6: Current and Projected Education Expenses (US$ million)

Expenses	1999/2000	2000/2001	2001/2002	2002/2003	2003/2004	Total
Salaries	157	188	205	241	243	1,034
Other Administrative Expenses	9	14	16	18	18	75
Capital Investment	46	42	44	46	47	225
Total	212	244	265	305	308	=SUM(ABOVE) 1,334

3.8 Priorities

The PNA has inherited from the military occupation an economic and social infrastructure that is almost completely destroyed. This compels the Authority to carry out a group of urgent tasks to upgrade this sector, including:

· Drafting a modern and unified law for education to be applied in Palestine which should comply with international conventions;

· Providing financial resources within the general budget sufficient to solve existing problems in this sector so as to allow compliance with the principles provided for in international conventions and agreements, including provision of school buildings, libraries, playgrounds, laboratories and health units;

· Paying special attention to human resources in education and guaranteeing the right to union membership and other representation, the right to participate in union activities and the right to strike;

· Drawing up a long-term educational policy compatible with the varied needs of the Palestinian people and compatible with modern scientific and technological advancements;

· Accelerating the application of a modern and unified Palestinian curriculum for all Palestinian schools.

· Adapting school buildings, premises and facilities for the needs of disabled persons;

· Reinforcing the role of the private sector in serving the educational process in various stages and in rehabilitating and training secondary stage students and workers in the education sector;

· Giving special attention to professional training and education and developing it in accordance with market needs and a comprehensive development plan;

· Enhancing coordination and cooperation with local NGOs regarding training and rehabilitation of all workers in the education sector;

· Encouraging the media audio-visual and print media to allocate portions of their programmes to raise the awareness of students of their economic, social and political rights.

The Ministry of Education has identified five main objectives for the forthcoming phase. These are:

1) Enabling all children to enrol in schools;

2) Developing educational standards inclusive of development of curricula, teaching staff and equipment;

3) Development of formal and non-formal education and adoption of education laws which ensure wide community participation in the process;

4) Development of administrative competence in the spheres of planning, management and financing;

5) Development of the human resources in the educational system.

In general, the Ministry of Education endeavours to design an ambitious plan to ensure the realisation of all the goals incorporated in its main above-mentioned objectives.

3.9 Plan implementation Mechanism

1. The right to free education throughout the basic stage:

a. The right to have basic schools close to each residential area;

b. The right to have school places proportional to the number of students in each geographical area;

c. The right to free education in government schools.

Indicators:

ê Ratio of primary schools to residents in each district;

ê Ratio of primary classrooms to residents in each district;

ê Ratio of primary school teachers to pupils.

Implementing Agency

ê The Ministry of Education, UNRWA, and ministries and departments with funding responsibilities (Ministry of Finance and PECDAR) and local councils.

2. The right to receive secondary education:

a. The right to have sufficient secondary schools commensurate with the population in each region;

b. The right to opportunity to university education for secondary school graduates.

Indicators

ê Ratio of secondary schools to population in each region;

ê Ratio of secondary classrooms to population in each district;

ê Ratio of secondary school teachers to students;

ê Number of school buildings and classrooms added annually in comparison with annual population increase.

3. The right to modern and contemporary educational standards:

a. The right to provision of adequate education;

b. The right to have adequate teaching equipment and facilities;

c. The right to have trained and qualified teaching staff;

d. The right to have a contemporary education law.

Indicators

ê Condition of school buildings and conditions of safety;

ê Amount and quality of equipment and teaching materials, including furniture, visual material, laboratories, libraries and computer devices;

ê Total budgetary allocations for such purposes;

ê Number of annual training courses conducted based on ratio of training hours to teacher.

Responsible Bodies

ê Ministry of Education, local councils, UNRWA and voluntary institutions.

4. The right to receive vocational training as a means of reducing unemployment and serving economic development:

4.1 The right to have vocational training centers with adequate specialisations;

4.2 The right to have appropriate training equipment;

4.3 The right to have trained and qualified training staff.

Indicators

ê Geographical distribution of vocational training centres based on age groups outside regular schooling system;

ê Condition, number and quality of equipment and workshops and teaching programmes in each specialisation;

ê Total financial allocations for this purpose;

ê Number of annual training courses based on ratio of hours to trainer.

Responsible Bodies

ê Ministry of Education, Ministry of Industry, Ministry of Agriculture, Ministry of Health, Ministry of Labour and voluntary NGOs.

5. The right to facilities adapted to persons with special needs in educational establishments:

a. The right to structural arrangements in the building allowing movement for persons with special needs;

b. The right to have means of transportation for less privileged persons;

c. The right to have special teaching materials to suit different types of disability;

d. The right to financial assistance to enable persons with special needs to cover additional financial costs in order to reach educational facilities.

Responsible Bodies

ê Ministry of Education, PLC, Ministry of Social Affairs, Union of Charitable Organisations, relevant NGOs, voluntary organisations and Union of the Disabled.

6. The right to adequate educational services compatible with the assigned fees:

ê All the rights mentioned above.

Indicators

ê All the indicators mentioned above.

Responsible Bodies

ê Ministry of Education and union of private schools (upon establishment)

7. The right to modern and contemporary curricula:

a. Updating curricula in accordance with modern scientific advancement;

b. Preparing curricula and textbooks in sufficient numbers and delivering them to all students in due time;

c. Selection of appropriately qualified specialists in charge of preparing curricula.

Indicators

ê Conducting periodic assessments of the applied curricula;

ê Frequency of changes introduced in light of scientific advancements.

3.10 Control

1) The position of Controller-General of Education Affairs should be established through a competent institution and mechanisms and criteria determined to ensure the proper regulation of this sector;

2) The Controller-General should prepare an annual report on conditions of the education sector and the developments therein and the tools and mechanisms to ensure the proper implementation of education plans. The report should be incorporated in the annual report of PNPAHR;

3) A special committee on education affairs should be established within the PLC;

4) A competent local NGO operating in the field should be designated to assist the Controller-General in the execution of his duties;

The role of the Ministry of Education must not, by any means, be diminished in this regard. While the ministry bears executive responsibility for the implementation of the plan, it also has a vital responsibility for overview and control through its internal auditing department.

4. Social Welfare

Introduction

This part of the plan constitutes a proposal setting out strategies, programs, activities and laws that guarantee citizens’ rights, especially for socially disadvantaged and marginalized sectors. Their rights can be attained through an integrated system based on cultural traditions, international law and laws passed in Palestine.

Social welfare is the ultimate goal of the PNPAHR. It is the outcome of employment and economic development initiatives for the achievement of improved social conditions. Social welfare tasks are set to achieve long-term goals, such as the establishment of social security systems, an end marginalization, empowerment of weaker social groups and poverty eradication, in addition to the development of a strong legal base to ensure and protect their rights.

Short-term goals for social welfare in the PNPAHR include passing of laws and regulations necessary to safeguard an effective and efficient service system, and to secure delivery of various services to all entitled people, and to initiate the required services, programs and projects.

This section will cover the following categories: women, children, juveniles, the disabled, the poor and senior citizens. It will try to identify problems encountered and formulate policy proposals, programs and administrative procedures to provide them with protection and appropriate care.

4.1 Women

Introduction

The status of women witnessed substantial changes at the global level during the past century, placing women at the centre of attention and concern of most states and international organisations. This gives great incentives for Palestinian women to advocate their cause to promote their status consistent with their sacrifices in the struggle for national liberation. Palestinian women have endeavoured to eliminate all types of discrimination between them and men with respect to assumption of senior public positions and entrance to the legislature. Furthermore, they have aspired to the achievement of high levels of social well-being, both within and outside the family, despite some restrictions of age-old inherited customs and traditions. Although the challenges ahead are numerous, Palestinian women have gone a long way towards the realisation of their ambitions and aspirations; they have been elected to the PLC, and assumed ministerial positions, in addition to undertaking various national, economic, social and cultural tasks.

4.1.1 Constitutional and Legal Provisions

A review of the Palestinian laws reveals a commitment on the part of the PNA to ensuring equity and social justice for women in all spheres and at all levels:

· The draft Palestinian Basic Law asserts in Article 9: “All Palestinians are equal under the law and judiciary, without discrimination because of race, sex, colour, religion, political views or disability”;

· Furthermore, Article 10 expresses the commitment of the PNA to abide by and respect basic human rights and freedoms and to work without delay to accede to regional and international declarations and covenants to protect human rights;

· Article 22 states that: “1. Social, health, disability and retirement insurance shall be regulated by law”; and “2. Care for the families of martyrs and prisoners, the injured and the disabled shall be regulated by law”. The PNA shall guarantee them education services, health and national insurance”;

· Article 25 asserts that work is “a right, duty and honour”;

· Article 44 of the draft Temporary Constitution proclaims that: “individual or collective economic activity shall be free … alongside guarantees for the development and protection of equality and living in dignity, social, economic and human development and social justice”;

· The Palestinian legislature has adopted several laws safeguarding the rights of the women:

Article 88 of the Civil Service Law states that: “the pregnant (female) employee shall be entitled to paid leave for a period of 10 successive weeks before and after delivery; an employee who is breastfeeding shall be entitled to leave the workplace one hour before the end of working hours for a period of one year from the date of childbirth and she shall be entitled to one year of unpaid leave to look after her baby”;

· Article 6 of the Labour Law prohibits “any form of discrimination in working conditions between all workers in Palestine”;

· Article 101 prohibits “hiring women for dangerous and heavy work without an exemption from the minister”. The same article proscribes “hiring women for night shift work in any posts other than those determined by the cabinet”. It also forbids women from working overtime during pregnancy or during the period of six months following delivery;

· Article 102 stipulates that special convenience facilities that suit the nature and conditions of work should be made available for women;

· Article 103 gives a female employee the right to paid maternity leave for a period of 10 weeks and forbids termination of her services during this period unless she enters another employment during maternity leave;

· Article 104 allows a woman who is breastfeeding to take one or more periods amounting to one hour daily to nurse her baby for a period of one year from the date of delivery. It states that nursing periods are considered part of her daily working hours;

· Article 105 states that female employee shall be entitled by agreement with the employer to unpaid leave to look after her baby or travel in the company of her spouse;

4.1.2 International Commitments

The PNA pledged full commitment to accede to the relevant international declarations and covenants upon the declaration of the Palestinian State.

The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Political Rights of Women, in addition to various international conferences, such as the Beijing Conference in 1994, the Cairo Habitat Conference in 1994, the Copenhagen Summit in 1995 and the Third Millennium Summit in 2000 have all asserted the need to guarantee women’s rights, including:

· Political rights: The right of women to stand for national elections, to vote, to carry out political activities, to join political parties and to assume senior political positions;

· Economic rights: The right of women to practice professions of their choice, to own property, establish enterprises, possess money, conduct commercial activities and receive equal pay;

· Social rights: The right of women to a sound family upbringing, to marry spouses of their choice of their own free will at the appropriate age; the right to adequate housing; the right to a nationality, official documents and passport; the right to travel and freedom of movement; the right to have children; the right to join social institutions and the right to benefit from social insurance and social security programmes;

· Educational and cultural rights: The right to receive adequate education, to enter university and obtain higher education diplomas; the right to participate in artistic, educational and cultural activities; the right to political opinion; the right to choose whether to practice religious rites; and the right to publish and to read printed books and printed materials;

· Health rights: the right to adequate health care and medication in accessible health centres; the right to access counselling services or mental and reproductive health guidance; and the right to adequate environmental conditions free from danger to personal safety or health;

· The International Covenant on Economic, Social and Cultural Rights calls upon states parties to abolish any discriminatory laws against women in any sphere.

4.1.3 Current Situation and Official Policies

According to the 1996 census conducted by the Palestinian Central Bureau of Statistics (PCBS), women comprise approximately 49% of the Palestinian population.

Despite great concern to establish justice for women in the sustainable development process in Palestine, the present conditions and prevailing sets of values and traditions in the Palestinian community do not provide suitable conditions for establishing equality between men and women, as women remain subjected to exclusion and discrimination at all levels.

The labour market displays vertical and horizontal divides between men and women, reflecting negatively on women, and in particular, those who are below the poverty line. According to PCBS statistics, employment among women comprises only 12.3% of the total female workforce, that is, unemployment amongst women reaches a record high of 87.7%. Furthermore, conditions of professional women are less advantageous than those of men in many fields with women often receiving lower wages. The percentage of women entrepreneurs does not exceed 15% of workingwomen in the West Bank and 9% in Gaza Strip. Women workers comprise only 14.9% of the total labour force in Palestine.

Although females have the same opportunities as males in the sphere of education, they suffer certain restrictions regarding fields of study at the higher stages. Female students comprise less than 6.3% of the total students specialised in civil engineering and city planning and 15% in the faculties of agriculture and law, whereas the percentage rises to 25% in business administration. Moreover, the percentage of female lecturers at university level is as low as 12%, whereas female teachers comprise some 28% of the teaching staff at the secondary stage.

In the political sphere, women are also marginalized, as they comprise only 5.7% of the PLC, and 8.7% of the Palestinian National Council. Similar conditions prevail in the political parties, where men receive most opportunities, with women comprising no more than 7.6% of the total membership.

Official PNA departments are keen on granting special attention to encourage wider participation of women in the process of reconstruction side by side with men. Many of women’s constitutional rights have been institutionalised with special support directed towards the development of the women’s sector. However, efforts exerted at this level remain unable to alter the stereotypical conceptions regarding gender roles, and they fail to obliterate the bases of discrimination against women.

4.1.4 Legislation

Palestinian laws contain several articles that constitute favourable grounds for upholding women’s rights in all spheres, especially as the Declaration of Independence issued in 1988 asserts the need for respect for the rights of all citizens without discrimination. Nevertheless, there are several laws that address women’s issues with grave injustice. Such laws must be amended so that they become consistent with international standards and the status achieved by women. The following are some of the main shortcomings of various laws that directly or indirectly discriminate against women:

· Article 53 of the Civil Service Law states in Paragraph 2 (social allowance): “… the allowance shall be paid to any of those mentioned in clause (1) above in the following cases… 2(c) if she is an unmarried girl or employee, 2(d) if she is an unemployed divorcee or a widow, and (3) if both husband and wife are civil service employees, the social allowance shall be paid to the male spouse exclusively”;

· Article 54 states: “The allowance is paid as of the date of birth or marriage contract”. Paragraph 2 states:“… the allowance shall be stopped in the case of death of the child, or death or divorce of the spouse, or the marriage of the daughter, effective from the date of death or marriage as may be applicable”;

· Article 3 of the Labour Law states the non-applicability of the provisions of this law to domestic workers or employees hired by first-degree relatives.

· Article 103 of the same law states the entitlement of women to paid maternity leave, but requires employees to work for a period of 180 days prior to being entitled to such leave.

4.1.5 Difficulties and Challenges and Solutions

Statistics on the present conditions of the Palestinian woman reveal many of the difficulties facing achievement of real equality. They also reflect the realities of marginalization in most sectors, and give alarming signals regarding the gravity of the socio-economic and political conditions of women. Such data highlights the prevalence of condescending views towards women, reduced levels of their involvement in community endeavours, and the volume of the violations of their rights in all spheres. The data indicates the measures to be taken to apply international standards and guarantee a dignified life for women.

In order to empower women and enable them to attain their well-deserved role in the development of society, there are many inherited traditions and customs that require revision.

4.1.6 Relevant Institutions and their Roles

PLC: to raise the awareness of its members and decision-makers concerning the rights of the women. The council has to ensure present and future legislation pertaining to women is consistent with international standards. The council could determine a certain quota for women in national governmental or non-governmental councils, committees and institutions.

The Ministry of Education, the Ministry of Information and human rights organizations: share the responsibility of raising public awareness concerning the status and rights of women.

4.1.7 Financial Needs and Resources

The PDP (1999-2003) asserted the strategy of developing the women’s sector through a number of points as follows:

1. Exchange of information that serves general goals through the establishment of an information network among the various ministries and institutions working in the women’s sector.

2. Cooperation between institutions working in the women’s sector and holding periodic meetings for that purpose.

3. Facilitating financial support and loan programs for the family where the woman is the sole breadwinner.

The Ministry of Social Affairs has developed a strategy for the women’s sector; it has identified the need to establish women’s development centers to provide qualifications and training for women with the aim of involving them in the developmental process. The PDP, in the sector of human assistance states the need to build protected homes to provide security for women.

According to the PDP (1999 – 2003), the budget allocated for the development of the women’s sector amounts to US$ 33,804,000.

4.1.8 Priorities

In order to achieve justice and equity for women, the following must be adhered to:

· Passing laws that conform to the spirit of the time and are based on non-discrimination against women. Such laws should conform to international standards developed by the UN; provisions that discriminate against women whether in the Labour Law, the Civil Service Law or any other law should be modified accordingly.

· Prohibiting all visual, audio and written media material that promotes discrimination against woman.

· Introducing the issue of women’s rights in the school syllabus.

· Developing counselling and mental support programs and improving the present programs; this includes programs for the protection of abused women against all forms of oppression.

· Raising awareness for men of women’s rights, needs and role in the development of society and providing similar rights awareness programs for women as well.

4.1.9 Plan Implementation Mechanisms

1. The Right of Women to Participate in all Types of Political Activities

a. The right to be nominated for elections, to vote and to be a member in political parties;

b. The right to assume senior political, administrative and judicial positions, including the right to act as political representatives of their country in all local, regional as well as international forums.

Indicators

ê Percentage of females in representative councils and unions;

ê Numbers of females assuming high political positions in government and in political parties.

2. The Right of Women to Participate in all Activities in the Economic Sphere

a. The right to practice trades of their choice, including setting up projects, trading and possessing property and real estate;

b. The right to equal wages;

c. The right to maternity leave.

Indicators

ê Percentage of working women;

ê Average wages of women in comparison to those of men;

ê Percentage of women entrepreneurs and extent of women’s representation in workers’ unions and associations.

3. The right to take part in all social activities

a. The right to a proper family upbringing, and the right to adequate housing;

b. The right to enter marriage at will, at the appropriate age, with a spouse of her own choice;

c. The right to a nationality, official documents and passport, and the right to travel and free movement;

d. The right to have children and use birth control;

e. The right to join social institutions and clubs of her choice;

f. The right to benefit from social security and social insurance systems.

Indicators

ê Percentage of women entering marriage at a suitable age with the spouse of their choice;

ê Percentage of the total female population involved in social organizations and clubs;

ê Percentage of married women who decide to use birth control.

4. The right to take part in educational and cultural activities

a. The right to receive adequate education, including admission to university and higher educational institutions;

b. The right to choose academic specialisation and to practise artistic and educational activities;

c. The right to equality with men with regards to freedom of belief and thought and to freedom of choice as to whether or not to practice religion;

d. The right to publish and to read books and printed materials.

Indicators

ê Enrolment of women in higher education programmes;

ê Percentage of female teachers in higher education institutes;

ê Ratio of women authors and writers compared to male authors.

5. The right of women to protection from harm and abusive treatment

a. The right to have physical abusers of women legally prosecuted and punished, including perpetrators of murder on grounds of honour;

b. The right to access to safe shelters and specialised centres for battered women;

c. The right to protection against assault and harassment in all places.

Indicators

ê Number of assault complaints submitted by women and court rulings;

ê Number of crimes of rape and sexual assault;

ê Number of women contacting battered women centres.

4.2 Children and Juveniles

Introduction

Children comprise more than half of Palestinian society. They are the hope for a better future and guarantee for continuity and progress of the nation. Therefore, granting children the proper attention with regards to their education, health, cultural and social affairs is quintessential for attaining the desired standards to qualify them to assume their future roles and responsibilities. It is natural, therefore, to give children the priority in legislation and services in order to enable them to live in dignity and well-being receiving comprehensive care on the same footing as children in advanced countries.

4.2.1 Constitutional and Legal Provisions

· Article 29 of the draft Palestinian Basic Law states that “care for motherhood and childhood is a national duty and children shall have the right to:

- Comprehensive protection and care;

- Not be exploited for any purpose. They shall not be allowed to perform work which might damage their safety, health or education;

- Protection from harm and cruel treatment;

- The law should prohibit the beating and cruel treatment of children by their relatives;

- Children shall be segregated from adults if they are sentenced to imprisonment and shall be treated in a manner, which is appropriate for their age and rehabilitation.

· The draft Palestinian Temporary Constitution included an additional clause to the items above, in Article 35, paragraph 5: “every child shall be entitled from his birth to a name and nationality”.

· The Palestinian Labour Law of the year 2000 includes several articles regarding the rights of the child and his or her protection from cruel treatment or exploitation by employers. The law contains a chapter to regulate employment of juveniles. Article 93 prohibits the employment of children before they reach the age of fifteen.

· Article 94 requires a medical examination to be conducted prior to employing juveniles to ensure their fitness for work and provides that the medical tests be repeated every six months.

· Article 95 stipulates that juveniles should not perform the following types of work:

- Work in hazardous industries or work that might damage their health, as determined by the Minister;

- Work on night shifts or on official or religious holidays;

- Overtime hours;

- Work in remote places or away from urban areas.

· Article 96 provides that daily working hours should be reduced by a period of not less than one hour for juveniles and shall include one or more breaks for rest totalling at least one hour. It also provides that juveniles must not work shifts exceeding four hours.

· Article 97 provides for three weeks’ annual leave for juveniles. Leave cannot be deferred.

· According to Article 98, employers must display in work places the regulations pertaining to employment of juveniles and maintain a register to document their affairs.

· The Civil Affairs Law of 1999 addressed several issues pertaining to children and contained items regulating the status of newborns and the “foundlings” of unknown parents. It provided for the maintenance of a register for illegitimate births and adoptions stating the legal status of each case.

· The Civil Service Law regulated children’s social allowances.

Moreover, various sets of draft laws addressing the rights of the child are presently being prepared for adoption by the Palestinian legislature, including, the draft Law on Juvenile Delinquents; the draft Covenant on the Rights of the Child; and the draft Law on Social Security. Such laws will provide a basis for social justice, alleviating discrimination and ensuring the well-being of children.

The draft Penal Law, presently pending approval by the PLC, contains specific provisions addressing delinquency of juveniles in the best interest of the juveniles.

4.2.2 International Commitments

The Convention on the Rights of the Child includes a set of principles and guidelines for the establishment of a juvenile justice system. The convention is supported by another set of declarations stressing the rights of the child, and, in particular, juvenile delinquents including:

· The UN Standard Minimum Rules for the Administration of Juvenile Justice;

· Rules for the Protection of Juveniles Deprived of their Liberty;

· The UN Guidelines for the Prevention of Juvenile Delinquency;

· The World Summit for the Child, New York, 1995;

· The Declaration on the Rights of the Child, 1995 asserted the entitlement of every child to be treated without distinction or discrimination of any kind; to a nationality; to benefit from social security; to develop in a healthy manner; and to receive protection, welfare and adequate education.

4.2.3 Current Situation and Official Policies

Children under the age of 18 constitute the wide base of the population pyramid in Palestine. The Palestinian Bureau of Central Statistics data indicates that children comprise some 53.3% of the total population, that about 40% of females enter marriage under the age of 18 and that 12% of Palestinian children live in families with unemployed parents. The data also point out that 82% of registered deaths occur among children from birth to four years old. 91% of children are enrolled in the primary stage and only 41% of children with special needs join schools.

PCBS data indicates that primary schools in Palestine suffer from a severe shortage of qualified schoolteachers and classrooms; the classrooms are overcrowded and some schools lack essential services such as running water, electricity and lavatories.

Many Palestinian areas lack recreational centres and facilities for children, where they may spend their leisure time and develop their talents and creativity; they are also deprived of playgrounds and public parks, particularly in refugee camps. Such conditions may lead to development of abnormal behavioural tendencies or delinquency among children. The statistics of the PBCS indicate that the number of children sentenced for crimes multiplied twelve fold in 1997 in comparison with the preceding year. The annual report of the Ministry of Social Affairs stated that 919 cases of delinquency had been treated in 1998, pointing out that this number comprised only 5% of the total cases in need of treatment. This reflects the shortage in qualified personnel to work with delinquent children.

Official PNA policies are directed towards granting adequate attention to the thorough enactment of the right of the child to education starting from kindergarten until the secondary stage. Official policies also encourage the implementation of immunisation campaigns in cities and villages alike as well as increased efforts to provide recreational facilities, by building playgrounds, organising school contests, summer camps, scouting and cultural activities, in addition to organising trips for gifted children in the country as well as abroad. The PNA is currently planning to introduce music in the primary stages in the school curriculum.

4.2.4 Legislation

Article 99 of the Labour Law excludes from its application juveniles employed by or supervised by first-degree relatives, provided that all work is performed in healthy and socially appropriate conditions, without causing any damage to their physical and mental development or education. There are clear disparities in applicable laws concerning juvenile delinquents in the West Bank and the Gaza Strip. The laws do not include provisions guaranteeing the rights contained in the international conventions.

The Personal Status Law allows the marriage of juveniles before they reach 18 years of age, thus compromising their education and social well-being. Moreover, penal law applied in West Bank and the Gaza Strip do not provide for the protection of children against abuse and exploitation. Nor do they contain special clauses for procedures to be followed with children in the case of investigation, detention, trial or imprisonment. The amounts of social allowances for children determined by the Civil Service Law are insignificant and by no means sufficient for their most basic needs.

It should be noted in this respect, that there is no single Palestinian law to date that establishes a social security system at national level, or that provides for child allowances in order to assist families in providing a better standard of living for their children.

4.2.5 Challenges, Difficulties and Means of Confronting Them

Children worldwide are protected by a set of international conventions and charters, which have been incorporated by the advanced countries into their internal legislation. However, the Palestinian child still lacks similar status under the law to enable him to exercise and enjoy many of the universally acknowledged rights. Thus, the Palestinian child continues to face tremendous challenges stemming from the absence of such protective laws in Palestinian legislation.

Moreover, Palestine lacks a specific family law that would guarantee social and psychological security, and protect children against exploitation, discrimination and abuse.

The fact that the per capita income in Palestine is low compared with the cost of living index makes it extremely difficult for breadwinners to satisfy the basic needs of their families, on average consisting of six children. Added to this, the meagre funds allocated for the child’s social activities such as education, health, sports and media programmes render the achievement of adequate social welfare standards elusive.

4.2.6 Relevant Institutions and their Roles

It is extremely difficult to assign responsibility for improvement of children’s conditions to specific institutions, as this is the combined responsibility of the entire society starting from the family. Nevertheless, the parties listed below can certainly assume significant roles in this process.

The PLC is responsible for speeding up the process of passing laws relating to children, juveniles, and education. It has to monitor the PNA’s adherence to these laws.

The Ministry of Education has to provide adequate teaching space and equip schools with all that is required for proper teaching. The ministry should also exert more efforts to combat the phenomenon of dropping out and develop appropriate national curricula consistent with the universally acknowledged rights of the child.

The Ministry of Social Affairs has to provide assistance to poor, orphaned, disabled and underprivileged children, in such a manner as to enable them to live in dignity on an equal footing with well-to-do children.

The Ministry of Youth and Sports has to establish sports facilities for children organise summer camps and encourage sports competitions among schoolchildren all over the country. Summer camps activities should cover sports, music, acting, theatre, literature, and other fine arts.

The Ministry of Health has the task of providing adequately equipped hospitals and health centres for children, continuing vaccination and immunisation campaigns against epidemics and communicable diseases throughout the country, and enhancing school health services.

The Ministry of Information has to promote culture for children through the audiovisual and print media, and step up efforts for preparation of special programmes for children, as well as public awareness campaigns concerning the rights of the child and proper methods of upbringing.

The Ministry of Labour has to exercise strict control over industrial enterprises to ensure prevention of child labour. The ministry should also prosecute violators and make sure that children permitted to work by law receive the periodic medical examinations stipulated by law.

The Ministry of Justice has to institute special courts for juvenile delinquents in line with international standards for juvenile justice.

Reform and Rehabilitation Centers: The existing reform and rehabilitation centers are in need of upgrading and development. More centres have to be established in other Palestinian governorates to enable juvenile delinquents to retain close contact with their family members. These centers must be equipped with essential requirements to effect proper socialisation and rehabilitation of juvenile delinquents.

The Police should set up a special unit for juvenile delinquents with appropriate training, and take necessary measures to prevent road accidents in the vicinity of children’s play areas.

NGOs should overview and follow up on the work of governmental and private institutions with regards to respect for international human rights standards, organise courses and debates to raise community awareness of these issues, and provide advice on proper methods of upbringing.

The Ministry of Local Government: has a vital role in allocating sites and constructing playgrounds and public parks for children.

4.2.7 Financial Needs and Resources

The Ministry of Social Affairs determined a number of strategies to develop the children and juveniles sector in the PDP (1999-2003); the most important of which are:

1. To prepare draft laws for the protection of Palestinian children and to develop special programs for the care of children, juveniles and victims of broken families;

2. To encourage adoption of children by Palestinian families in applicable cases;

3. To provide social and psychological counselling to children suffering from problems.

4. To construct model centers to rehabilitate children who drop out of schools;

5. To establish institutions for the care and rehabilitation of juvenile delinquents. In the sector of the plan relating to humanitarian assistance, it is intended to construct juvenile rehabilitation centers and to work towards passing a law for the protection of the Palestinian child from hazards.

4.2.8 Priorities

There are several measures that should be adopted in order to protect Palestinian children and enable them to live in dignity consistent with internationally recognised standards in developed countries and as provided for in the international conventions. These are as follows:

· Adoption of special legislation to regulate and protect the rights of the child and the family;

· Adoption of special legislation regarding juvenile courts, and securing the essential requirements for the introduction of an appropriate juvenile justice system corresponding to internationally recognised standards included in international conventions, such as the setting up of special courts, appointment of competent and qualified judges, special juvenile police, and specialised probation officers, in addition to rehabilitation and modernization of reform centres and appointment of qualified staff;

· Creation of an effective national social insurance system that provides child allowances;

· Adoption of legislation and administrative procedures for the prevention of child labour;

· Formulation of special policies and procedures to monitor and ensure the implementation of compulsory and free education;

· Preparation of information programs and awareness campaigns concerning the rights of the child;

· Building of recreation centers for children in cities, villages and camps;

· Development of the programs of summer and scouting camps and ensuring the integration of disabled children therein;

· Preparing aid and relief programs for children with special needs, orphans and hardship cases;

· Adoption of a clear plan for childcare guaranteeing their rights in collaboration with the Higher Council for Mother and Child, and the family and child department within the Ministry of Social Affairs;

· Adaptation of all children’s centers and clubs for the use of disabled children.

4.2.9 Mechanisms of Plan Implementation

1. The Right of the Child to Protection and Comprehensive Care

a. The right not to be exploited for any purpose in any place;

b. The right not to work in any situation that might damage their physical safety, health or education;

c. The right to protection from abuse and cruel treatment;

d. The right not to be subjected to beating or cruel treatment by relatives.

Indicators

ê Reports on battered children subjected to beating and cruel treatment by their families;

ê Reports on children who are exploited in inappropriate forms of labour;

ê Rate of early marriages.

2. The Right of the Child to Benefit from Health Care

a. The right of newborns to receive medical treatment, medication, and immunization free of charge;

b. The right to adequate food;

c. The right to receive health education and counselling;

d. The right of access to clinics and health centers.

Indicators

ê Number of paediatricians in proportion to the number of children in different areas;

ê Number of mother and child care centers in proportion to the number of children in different areas;

ê Number of specialized child health publications.

3. The Right of the Child to Education

a. The right to receive free education at the primary stage;

b. The right to complete school education;

c. The right to obtain printed matter and cultural information suitable for the child’s age;

d. The right to participate in different children’s activities and cultural clubs.

Indicators

ê Free education at the primary stage in public schools;

ê The number of schools in different areas in proportion to eligible children;

ê Availability of kindergartens and early childhood education facilities in various areas.

4. The Right of the Child to Recreational and Cultural Facilities

a. The right to play and to participate actively in sports and recreational activities;

b. The right not to enter early marriage during childhood;

c. The right to have access to recreational centers and clubs;

d. The right to have specialized recreational TV programs.

Indicators

ê Number of children frequenting recreational and sports clubs and cultural centers specialized for children in different areas;

ê The existence of specialized sports clubs for children;

ê The existence of specialized TV programs for children.

5. The Right of the Child to a Nationality

a. The right to have a nationality;

b. The right to have official documents to prove his or her identity.

Indicators

ê Delivery of services to children by the PNA;

ê Number of officially registered children.

6. The Right of Juvenile Delinquents to Special Legislation Establishing a Juvenile Justice System

a. The right to have special juvenile courts staffed with social workers;

b. The right to have juvenile police and specialized probation officers;

c. The right to renovation of reformation centers.

Indicators

ê Number of juvenile delinquent centers distributed in the areas and level of modern facilities and equipment;

ê Number of qualified professionals working with juveniles;

ê Number of juvenile courts.

4.3 Disabled Persons

Introduction

The care of the disabled is placed top on the priority list of modern states and organizations, which recognize that disabled persons are entitled to equal opportunities with others in all walks of life and to lead their lives in dignity. Moreover, the level of attention given to the disabled is one of the essential criteria for the progress of a nation. Attention given to the needs of the disabled and the quality of services provided to them are normally treated as manifestation of civilisation par excellence, as they ensure mobilisation of services for the individual and enable the individual to serve the community.

4.3.1 Constitutional and Legal Provisions

· Article 9 of the Palestinian Basic Law provides for the equality of all Palestinians under the law, without discrimination because of disability.

· Article 10 states that the PNA shall work without delay to accede to regional and international declarations and covenants, which protect human rights.

· Article 24 of the draft Temporary Constitution states that the PNA shall guarantee civil and political rights and freedoms for every citizen, to exercise and enjoy on the basis of social justice and equal opportunities.

· Article 25 of the draft Temporary Constitution reasserts the commitment of the Government of Palestine to accede to all declarations and covenants that protect human rights.

· The Law on the Rights of the Disabled, adopted in 1999, provides for guarantees for the disabled and for a broad spectrum of rights that allow them to live in dignity and freedom;

· Article 13 of the Labour Law of 2000 stipulates that employers shall be obliged by law to appoint a number of disabled persons with adequate qualifications in work compatible with their disabilities, the percentage of whom shall not be less than 5% of the total workforce in the establishment.

· Article 16 prohibits any discrimination in terms of employment and conditions in Palestine.

· The Civil Service Law allows the appointment of blind, visually impaired or physically disabled persons whose disability does not impair them from performing the work.

4.3.2 International Commitments

The most important international declarations and covenants which address the rights of the disabled are:

· The Universal Declaration of Human Rights;

· The International Covenant on Economic, Social and Cultural Rights

· The Declaration on the Rights of Disabled Persons, 1975

· The Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, 1991

· The International Declaration on the Rights of Mentally Retarded Persons, 1971

· The Convention on the Rights of the Child, 1989.

4.3.3 Current Situation and Official Policies

PCBS statistics indicate that disabled persons comprised some 8.1% of the total population of Palestine in 1997, i.e. 155,567 persons. A detailed breakdown of this figure indicates that physical disabilities comprised 23% of the total number of impairments, followed by mental impairment (15%), multiple impairment (15%), and visual impairment (5%). 22% of disabled children were illiterate whereas this figure did not exceed 4% amongst non-disabled children.

Disabled persons are discriminated against with regards to employment and in the types of work they are offered or they can undertake. This situation also extends to wages. Public facilities do not provide for easy access and use or enable free movement within for persons with disabilities. The majority of public buildings, schools and universities are not adapted for the movement of persons on wheelchairs. There are no special means of transport for the disabled with the result that their opportunities to participate fully in public life are limited.

Additionally, disabled persons suffer from widespread prejudice and discrimination and restriction on their involvement and participation in public and for such as trade and professional unions. A very small percentage manage to assume public office. In many cases, disabled persons, particularly women and children, are often subjected to harassment, abusive treatment and exploitation.

The high percentage of disabilities among Palestinians is attributed to the resistance to occupation. Hence, the PNA, with its various legislative and executive branches, has made care for the disabled its highest priority. The PLC has adopted several laws that prohibit discrimination on the basis of disability and assert the right of disabled persons to lead an honourable life and receive various services. These laws also state that the government shall guarantee their rights and protect them from exploitation. Various ministries have ensured employment for disabled persons, enabling them to support themselves as well as their families, and provided facilities in the workplace, such as allocating convenient parking spaces for their means of transportation. The Ministry of Social Affairs undertakes to provide equal opportunities for disabled persons whenever possible.

4.3.4 Legislation

Despite the special attention granted the disabled in Palestinian legislation, applicable laws continue to contain certain shortcomings, a number of which are listed below:

· Neither the draft Basic Law nor the draft Temporary Palestinian Constitution include special articles to ensure that the disabled have access to all types of services and effective participation in all spheres of life.

· Article 13 of the Palestinian Labour Law provides that employers must allocate a quota of not less than 5% of work positions for disabled persons; nevertheless, the law fails to include provisions specifying that such appointments must be on the basis of merit and qualification for the proposed type of work, rather than disability. Moreover, the law does not address the rights of the disabled to receive vocational training in appropriate centers that cater for their needs. Nor does it give them priority for employment, as a marginalized group in the community, in the event they possess the same qualifications as the other applicants.

· The Civil Service Law stipulates that an employee should be free from disease and physical and mental deformities, thus putting obstacles in the way of disabled persons seeking employment. Furthermore, the law does not stipulate employment of disabled persons should be on priority, but on the contrary, it makes disability a valid justification for termination of employment.

4.3.5 Challenges and Difficulties

The nascent PNA encounters tremendous difficulties in ensuring the necessary funding to enable disabled persons to lead decent and free lives. Moreover, the Palestinian territories still do not have special hospitals for the mentally disabled, nor do they have special schools and centres for other types of disability. The Palestinian infrastructure also lacks the necessary facilities for persons with physical disabilities or visual impairment. The PNA territories do not include special schools for the visually impaired. The PNA needs to draft special social insurance and social security legislation to enable the disabled to maintain a decent standard of living.

4.3.6 Relevant Institutions and their Roles

The PLC: The role of the PLC includes, inter alia, overviewing government performance concerning implementation of the existing Law on the Rights of the Disabled, upgrading this law and making the necessary amendments in accordance with the international standards. In addition, the council must monitor any deficiency in or deviations from the rights of the disabled and question accountable officials;

Ministry of Social Affairs: The main role of the ministry in this respect is to grant adequate care for the destitute disabled and provide all requirements for an honourable life for them;

Ministry of Public Works: The ministry has to ensure inclusion of facilities and special modifications in any of its projects in order to cater for the needs of the disabled persons, including paved roads, sidewalks, parking lots for vehicles and equipment used by the disabled;

Ministry of Education: The ministry must initiate programmes for integrating disabled children in schools and establish special schools for visually impaired and mentally retarded children;

Ministry of Health: The ministry must build special hospitals and health care facilities for the mentally disabled in various governorates and equip such installations with necessary equipment. The ministry must keep up to date with recent developments in the field of rehabilitation;

Ministry of Labour: The ministry has to exert more efforts to integrate disabled persons into industrial establishments and provide incentives for employers in the form of exemption from certain fees or taxes. The ministry must also impose fines and other punitive measures against employers who are prejudiced against the disabled or discriminate against them. The ministry could also establish quotas for employment of disabled persons in the industrial, agricultural and services sectors;

Ministry of Information: The ministry has an important role to fulfil by preparing special programmes targeting this sector of the population, in addition to public awareness programmes providing information about disability and how to approach disabled persons. The ministry must introduce sign interpretation for television programmes with specialised sign language interpreters, so that persons with hearing disabilities can follow news bulletins and benefit from other educational and cultural programmes;

Non-governmental organisations: They have to monitor and follow up on the activities of public and private institutions related to the rights of disabled persons and to organise seminars, workshops and public debates to raise the awareness of responsible officials as well as the population in general.

4.3.7 Financial Needs and Resources

The section entitled Humanitarian Aid in the PDP (1999-2003) describes a strategy to build special rehabilitation centres and workshops for the physically and mentally disabled, and stresses the importance of benefiting from the experience of the developed countries in this domain. Nevertheless, no other strategies relevant to disabled persons were laid out in any of the other sections.

4.3.8 Priorities

Some of the above-mentioned obstacles may be overcome by the adoption of policies, strategies and programs on the part of government and private agencies, focused on the following priorities:

· To hasten drafting and adoption of relevant regulations to implement the Law on the Rights of the Disabled;

· To remove or amend discriminatory articles existing in the Civil Service and the Labour Laws and ensure the inclusion of specific articles pertaining to the rights of the disabled in the draft Palestinian Constitution;

· To initiate awareness programmes on disability for the benefit of all persons involved directly or indirectly with disabled persons;

· To adopt measures enabling the gradual closure of facilities for disabled persons which are segregated from the community and ensure disabled persons’ integration in existing public facilities;

· To establish day-care and rehabilitation facilities for persons with severe disabilities;

· To take all necessary measures to enable disabled persons to benefit from the services of public facilities;

· To implement programmes and activities to enable disabled people and their families to lead a dignified life;

· To effect stronger coordination among governmental and non-governmental institutions regarding the administration and implementation of all programmes designed for rehabilitating and satisfying the needs of disabled persons.

4.3.9 Mechanisms of Plan Implementation

1. The Right to Appropriate Compensation

a. The right to receive appropriate compensation from a party causing disability, particularly if caused by acts of aggression committed by the occupation authorities;

b. The right to take legal action against liable parties.

Indicators

ê Number of disabled persons receiving compensation in relation to the total number of entitled persons;

ê Number of cases of denial of such compensation.

2. The Right to Education:

a. The right to enrol in special schools that cater for the special needs of the disabled;

b. The right to access and use educational facilities.

Indicators

ê Availability of special schools for disabled persons who cannot enrol in regular schools;

ê Presence of qualified teachers to deal with the disabled;

ê Opportunities to access secondary and university education free of charge;

ê Availability of necessary means of transportation to and from educational institutions.

3. The Right to Adequate Medical Treatment and Health Care

a. The right to accessible medical treatment alleviating disability;

b. The right to receive subsidised specialist treatments.

Indicators

ê Existence of special hospitals or sections for people with different types of disability;

ê Supply of free treatment and medicine for the disabled;

ê Availability of home services and medical care for those in need;

ê Possibility of receiving adaptive aids such as spectacles, hearing aid devices, crutches etc.

4. The Right of the Disabled to Effective Participation in Decisions Affecting Them

a. The right to organise in associations to advocate and demand their rights;

b. The right of representatives to access to relevant data and information.

Indicators

ê Existence of appropriate laws and legislation;

ê Existence of effective specialized unions and committees;

ê Effective participation of representatives of unions and associations of disabled;

ê Persons in discussions involving decisions that affect them.

5. The Right of the Disabled to an Adequate Environment Enabling Free and Safe Movement

a. The right to use public facilities;

b. The right to receive special treatment (positive discrimination).

Indicators

ê Effecting special structural designs for roads facilitating movement of the disabled;

ê Availability of elevators and architectural modifications in public buildings to enable the disabled to utilise and benefit from offered services;

ê Availability of special parking spaces for vehicles and means of transportation used by the disabled;

ê Protection against being subjected to any type of harassment or abusive treatment;

ê Participation in public life according to disabled persons’ capabilities.

6. The Right of the Disabled to Equal Opportunities

a. The right to assume public positions;

b. The right to enjoyment of political and social rights and privileges;

c. The right to receive relief and supportive services;

d. The right to vocational training and rehabilitation.

Indicators

ê Number of disabled persons working in various sectors, in relation to the total number in each sector;

ê Suitability of work available to the abilities of the disabled;

ê Access to vocational training facilities in convenient locations;

ê Percentage of disabled persons participating in political life.

4.4 Elderly

Introduction

Senior citizens comprise a special sector of the population that requires utmost attention and care, not only in response to individual needs, but also as an expression of gratitude and in recognition of the contributions they have made throughout their life to the development of their society. This sector has been granted deserved concern in international covenants and declarations and in legislation in the developed countries. The PNA is as concerned to provide all means to enable senior citizens to live in dignity on an equal footing with other sectors.

4.4.1 Constitutional and Legal Provisions

Article 22 of the draft Basic Law states: “social, health, disability and retirement insurance shall be regulated by the law”. The same provisions are also included the draft Temporary Palestinian Constitution.

The Social Insurance Law introduces provisions regarding retirement insurance and old age pensions and defines funding sources for this purpose. The law provides that insured persons are entitled to a pension upon reaching the age of 60, provided that they have made a total of 120 non-interrupted contributions during the period of five years preceding entitlement, or a total of 180 intermittent contributions, in accordance with the method of calculating the pension.

A decision issued by the Minister of Health on 9 August 1999 regarding the health insurance scheme stated that insured persons could include their parents over the age of 60 for health cover, provided that the father did not have an income of his own.

4.4.2 International Commitments

Although there are no specific international conventions on the rights of senior citizens, international human rights conventions and declarations contain a substantial body of texts asserting entitlement of senior citizens to exercise and enjoy economic, social and cultural rights. The UN adopted in 1982 “The Vienna International Plan of Action on Ageing” and adopted the United Nations Principles for Older Persons in 1991.

The first paragraph of Article 25 of the Universal Declaration of Human Rights states “Everyone has the right to a standard of living adequate for health and well-being, … and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond their control”.

Article 6 of the International Covenant on Economic, Social and Cultural Rights asserts the right of all to social security including social insurance.

4.4.3 Current Situation and Official Policies

The statistics of the PCBS indicate a remarkable increase in the number of ageing persons in Palestine, comprising 4% of the population, and point out that life expectancy in Palestine is 71 for men and 74 for women.

In 1997 World Bank projections estimated that the percentage of old persons would reach 5.56% and 3.85% of the Palestinian population in the West Bank and the Gaza Strip respectively by the year 2010.

The available data indicates low levels of education among old persons and points out that 76.2% of them did not receive any education; that 26% support themselves while 37.5% depend on the spouse. Data also pointed out that 56% of males and 41% of females are supported by their children and that 87.5% of the males were married.

Only a small percentage of old persons receive institutional care, while most continue to live within their families or in nearby places. In some cases care is provided by neighbours. Additionally, there are no financial systems that enable old persons to benefit from social insurance systems, particularly given the total absence of old age allowances.

The Ministry of Social Affairs and UNRWA extend relief services to old persons who are without providers or who have insufficient income, through distribution of food commodities, small cash grants, or through subsidies or exemptions from fees for health insurance. The ministry also provides old persons with some adaptive devices, such as spectacles, hearing aid devices and dentures. There is a small number of old persons’ homes, but their services are insufficient both in quantity and quality. In general, the present programmes and services fall considerably short of fulfilling the needs in this domain, and at times result in old persons being subjected to humiliation and an exacerbation of their problems.

4.4.4 Legislation

The PLC has not issued any law that caters for the rights of old persons, but their affairs are managed through various sets of bylaws, decisions and directives to determine entitlement to assistance.

4.4.5 Challenges and Difficulties and Means of Confronting Them

There are no detailed records or database that would enable old persons to be identified or particulars to be obtained regarding their conditions and social status upon reaching retirement age. Similarly, there is a remarkable absence of effective laws and regulations to determine the type of services to be offered to old persons or methods of accessing such services in a manner that preserves their dignity and pride, in addition to lack of coordination among the governmental and non-governmental organisations working with old persons.

The PNA does not have a national strategy and a special perspective for addressing old persons’ issues. Further, there is a lack of coordination between the private and the public institutions serving old persons.

It is noteworthy that budgets and allowances allocated for old persons are very insignificant and mostly delivered as charity. There are no special homes or recreation centers for old persons, and the current available services fall short of fulfilling their basic needs.

Some of the above difficulties may be overcome by the adoption of social programs and initiatives ensuring all institutions operating in the field are placed under strict control and follow up, and conduct of needs assessment studies in order to identify and prioritise basic needs of old persons.

4.4.6 Relevant Institutions and their Roles

The PLC has the task of accelerating the process of adopting relevant laws to regulate and protect the rights of old persons and offer them the opportunity to lead an honourable life within a comprehensive legal framework for social and health insurance.

Ministry of Social Affairs has to offer the necessary aid to the poor and needy in this category; it has to provide homes for old persons who do not have families or those receiving abusive treatment from their family members. These homes should be provided for essential needs, proper food and recreational facilities.

NGOs have to monitor the extent of compliance of government officials and the community with respect to old persons’ rights. They can also be instrumental in raising the awareness of all the concerned parties to the need to ensure a decent and honourable life for the aged.

Ministry of Finance has to supply the necessary funds for the various government agencies concerned with the development and provision of services to this category.

Ministry of Information must prepare educational programs at the national level concerning the treatment of and respect for old persons.

Ministry of Health to supply all medical requirements, treatment and appropriate medication for all diseases associated with old age.

4.4.7 Financial Needs and Resources

The PDP (1999-2003) envisages, among its strategies for the development of the humanitarian aid sector, the provision of old persons’ homes containing all needed services and supplied with modern equipment. It also envisages implementing various orientation programs for old persons to ensure their adaptation within the institutions in addition to counselling services addressing the problems encountered in old age.

However, the PDP does not include any other specific strategies concerning the old persons’ sector.

4.4.8 Priorities

Based on provisions of the United Nations Principles for Older Persons of 1991, calling for older persons to be able to live in dignity, several measures have to be taken to ensure the protection of this sector:

· Adoption of specific laws to ensure protection of the rights of old persons consistent with the principles contained in the United Nations Principles for Older Persons of 1991;

· Tying social insurance benefits and pensions to the cost of living index and officially adopted minimum wages scale;

· Ensuring the right of old persons to free medical care;

· Establishing a database providing detailed particulars of old persons and their social status and conditions;

· Developing a functional strategy in collaboration with the government and non-governmental sectors and old persons to determine the requirements and service programs offered to old persons, based on the principle of preserving their honour and dignity;

· Establishment of clubs and day-care centers that offer social, cultural and recreational services. Special shelters must be established for old persons at risk or facing threats and abuse by their families;

· Developing information and awareness-raising programs regarding the rights of old persons, highlighting the importance of their role and participation;

· Training and ensuring qualification of specialized professional cadres in the field of care and services for old persons.

· Offering all services for old persons through a comprehensive national social security system.

4.4.9 Plan Implementation Mechanisms

1. The Right to Adequate and Free Health Care

a. The right to care homes and clubs for old persons;

b. The right to medical treatment and medication that suit the economic conditions of old persons

Indicators:

ê Existence of institutions, organizations and health centers servicing old persons that have humane and hygienic conditions and an adequate welfare level;

ê Provision of free medication and medicine;

ê Provision of home medical care;

ê Supply of appropriate equipment to facilitate movement;

ê Existence of qualified physicians and specialists.

2. The Right to Education and Cultural Programmes:

a. The right to participate in public life;

b. The right of old persons to learning and creativity;

Indicators:

ê Numbers of old persons enrolled in academic studies at all stages;

ê Existence of free studies at the university level for old persons;

ê Creative activities of old persons in cultural, technical and knowledge domains;

ê Number of old persons participating in political and public affairs.

3. The Right to an Adequate Standard of Living for Old Persons and their Families

a. The right to a suitable residence;

b. The right to receive adequate social security support.

Indicators:

ê Existence of a governmental social security system for all citizens, including health insurance and old age allowances and benefits;

ê Existence of adequate housing;

ê Progressive improvement of living conditions;

ê Provision of employment opportunities for capable persons.

Bodies Responsible for Implementing the Social Welfare Sector Plan:

ê The Ministry of Social Affairs, PLC, ministries and government departments according to their specialisations, women’s unions and organizations, labour unions, NGOs, the Attorney General, mass media and teachers’ unions.

4.5 Poverty

Introduction

The study of poverty conditions in any country acquires a special significance when formulating plans and strategies for combating poverty. Determination of the poverty line at the national level is a necessary procedure in order to gauge variations taking place in the size of the phenomenon within society and to forecast its extent during the coming years in the context of the transformations witnessed by the Palestinian economy. Determination of the poverty line is also essential to the formulation of a comprehensive national social security system and to the establishment of a fair and realistic taxation policy corresponding to income levels, development needs and requirements, in addition to the rights and duties of the citizenry. Some international organisations have defined poverty as the absence of the minimum level of income or resources to meet basic needs. Poverty is also defined by the inability to maintain a minimum standard of living. However, monitoring the standards and trends of the economic welfare of Palestinian families is considered a defining measure of poverty in Palestine.

4.5.1 Constitutional and Legal Provisions

The draft Basic law does not refer in its provisions to poverty and the poor. However, the draft Temporary Palestinian Constitution refers to poverty in Article 21 indicating that the state is keen to achieve balanced social, economic and cultural development in all areas and for all sections of Palestinian society. This is to be done in a way that guarantees national unity on the basis of social justice and stable order.

Article 14 provides for freedom of economic activity of individuals and groups in Palestine, while preserving and promoting equality in honourable living, economic development, human development and social justice.

4.5.2 International Commitments

The international covenants, declarations and conventions have all asserted the responsibility of the state for the protection of their citizenry against unemployment, through providing employment opportunities which will ensure sufficient income for them to satisfy their basic needs.

· The International Labour Organisation Constitution has stressed the necessity of combating unemployment and providing adequate wages to ensure adequate living conditions.

· The Universal Declaration of Human Rights states, “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment”.

· The Convention concerning Employment Promotion and Protection against Unemployment calls upon all member states to protect their citizens from unemployment.

· Several international conventions have been adopted concerning employment and protection against unemployment such as the Employment Policy Convention, the UN employment of young persons Recommendation in 1935, Guidelines for Directing Public Income of 1944 and the Social Security Minimum Standards Convention of 1952.

4.5.3 Current Situation and Official Policies

The average poverty line and the deep poverty line for the year 1997 for a family of six members in the WBGS have been set at NIS 1,390 and NIS 1,140 respectively.[5] However, they rise for a family of nine members to NIS 1,962 and NIS 1,610 respectively. As for an individual living alone, they stand at NIS 418 and NIS 343 respectively. The deep poverty rate among families consisting of six persons reaches 28% and the same applies for families consisting of nine persons.

Despite the fact that the poverty rate in the West Bank (16%) is much less than the rate in the Gaza Strip (38%), there are families in the West Bank that suffer the same degree of poverty as in the Gaza Strip.

It has been noted that two out of every three families in the Gaza Strip are living in extreme poverty compared to one out of every two families in the West Bank. There are also poverty rate variations among the various geographical areas of the West Bank. In the year 1997 poverty rates in Hebron District stood at 24%, whereas they reached 28% in Jenin, 9% in Ramallah, 3% in Jerusalem, and 11.5% in Nablus.

There are also clear differences within the Gaza Strip areas with regards to prevalence and severity of poverty, registering a high of 51% in the southern areas compared to 31% in Gaza City and the northern parts of the Gaza Strip. In 1997, the deep poverty rate in the Gaza Strip reached 26% in comparison with 9% in the West Bank. There were noticeable discrepancies within each of the two areas: 17.5% in the southern West Bank; 10% in the north; and 4% in the center. In the Gaza Strip it stood at 20.5% in the north, 27% in the centre and 35% in the south.

In general, the highest rates of poverty are found in villages and among families supported by female breadwinners. The rate decreases with the level of education. Data also indicates that well-to-do persons spend four times as much as poor persons on medical care. While poor people in Palestine comprise about 22.5% of the total population they consume less than 8% of commodities and services.

4.5.4 Legislation

Palestinian legislation addresses poverty issues in a very limited way. There is a pressing need for new legislation and regulations capable of responding to existing needs, particularly with respect to retirement regulations, health and social insurance systems, old age allowances, unemployment, family planning and provision of care and services for remote and marginalized areas and social sectors.

4.5.5 Challenges and Difficulties

Agencies and institutions targeting the poor in the WBGS vary tremendously in terms of funding, programmes, resources and aid volume. Such agencies operate separately, each adopting its own policy and conditions with a total absence of coordination. Further, they do not base their activities upon specific development strategies or criteria. Such strategies and criteria should be designed and implemented with the participation of all active parties within the community (the PNA, employers, trade unions, concerned NGOs, community institutions and political fora). Regional and international aid agencies should assume a role in providing required support and elements of success in accordance with an agreed schedule.

4.5.6 Relevant Institutions and their Roles

There are four main agencies providing aid to the poor in the Palestinian territories:

Ministry of Social Affairs: The programmes of the ministry are the widest in terms of categories receiving its assistance. The ministry is also keen to adopt a special social care policy. The programmes of the ministry included for the families of martyrs and prisoners and rehabilitation of released prisoners. Eligibility for assistance is determined mainly by the total or partial lack of income for targeted families, and not by the deterioration of living conditions below a determined level. The Ministry of Social Affairs does not operate in accordance with a set poverty line; thus, its interventions constitute relief assistance rather than development activities.

UNRWA: UNRWA’s programmes are currently limited to providing assistance to individuals and families classified as special hardship cases. UNRWA adopts more rigid eligibility criteria than those applied by the Ministry of Social Affairs.

Aid Programmes of the Zakat Committees in the WBGS: The Zakat Committees adopt two main eligibility conditions; the first is the loss of the male head or household temporary, permanent, partial of total inability at the male breadwinners to own an income.

The overwhelming majority of the Zakat Committees, totalling 50 committees in 1997, regard low income as the main eligibility criterion, and most of their activities are geared towards providing assistance to families that lose their main breadwinner (usually the man). They have also paid special attention to orphans.

Charitable Organisations: About half of these organisations direct their activities to targeting specific social sectors (mostly disabled persons, children, sick persons, needy students or certain age groups, such as old persons). Most of the aid provided is supplementary to assistance provided by the Ministry of Social Affairs or UNRWA, and is in the form of services (health, education), or in-kind donations. Very few such organisations provide financial assistance.

4.5.7 Financial Needs and Resources

With some exceptions, there are no comprehensive retirement schemes or comprehensive health insurance systems covering all workers and employees. There are no special financial allocations within the general budget for combating poverty. Thus, it is of vital importance that general provision be made to allocate special funds within the general budget to fulfil existing needs.

4.5.8 Priorities

Combating poverty requires the formulation of a comprehensive human and economic development plan in the light of available resources. Such plan should adhere to the redistribution of available resources in line with priorities laid down by the government to combat poverty, including:

· Formulating policies targeting the poor sectors of the community, while giving priority to basic services, specifically those related to health and education;

· Adopting policies aiming at serving large families, while encouraging family planning and ensuring the enrolment of children in educational and vocational training programmes.

· The enactment of special legislation pertaining to obligatory retirement schemes and old age allowances covering progressively all workers in both the government and the private sectors to facilitate poverty alleviation efforts. In addition, special assistance must be extended to old persons with low incomes falling below the poverty line alongside the development and upgrading of old peoples’ homes.

Concerned ministries and agencies might consider the following elements while formulating policies combating poverty: [6]

· Exerting efforts to establish general retirement funds serving all workers in the private sector and civil society institutions.

· Development of social security system, especially the establishment of a compulsory health insurance system and a new social support system for poor families living below the poverty line. Adequate attention should also be paid to rehabilitation and vocational training programmes. In addition, new legislation should be adopted to determine minimum wages in the Palestinian labour market (both public and private). Unconditional assistance must be extended to non-profit organizations operating in the field of social services.

· Concentrating special attention on villages in the southern and northern parts of the West Bank, in Hebron and Jenin Governorates, as these villages are the most impoverished in West Bank.

· In the Gaza Strip, the refugee camps appear to be the most deprived residential areas, with the villages approaching similar degrees of deprivation. Consequently, priority should be given to the refugee camps, particularly those located in the middle and southern areas of the Gaza Strip.

4.5.9 Plan Implementation Mechanisms

1. The Right to an Effective National Social Security System

a. The right to a comprehensive health insurance system;

b. The right to a comprehensive retirement system;

c. The right to an old age provision system;

d. The right to an unemployment benefit system.

Indicators:

ê Number of people covered by social security systems;

ê Number of people covered by various retirement schemes;

ê Number and value of old age pensions;

ê Value of unemployment benefits and number of beneficiaries.

2. The Right of Poor persons to Basic Services

a. The right to total exemption or subsidies for education fees;

b. The right to total exemption or subsidies for health fees.

Indicators:

ê Number of exemptions or subsidies of education fees;

ê Value of health fees subsidies

3. The Right of Poor Persons to Total or Partial Exemption from Payment for Public Services

a. The right to reduced taxation rates;

b. The right to subsidised water and electricity supplies.

Indicators:

ê Types of taxes to be reduced and the exemption rates;

ê Number of beneficiaries of subsidised public services.

4. The Right of Poor Persons to Subsidised Basic Food Commodities

a. The right to subsidised and fixed prices for basic food commodities, such as flour and bread;

b. The right to an adequate system for the distribution of essential food to needy families with many children.

Indicators:

ê Value of government subsidies for basic food commodities;

ê Value, effectiveness and numbers of beneficiaries of such a support system.

5. The Right to Employment and to Workers’ Rights Guarantees

a. The right to have available efficient employment offices;

b. The right to an officially determined minimum wage;

c. The right to fair work conditions preserving the rights of the workers;

d. The right to adequate compensation for work-related injuries.

Indicators:

ê Number of people registered in employment offices and percentage of persons placed in jobs;

ê Enacted minimum wage scales;

ê Number of people enjoying their acknowledged rights and work benefits;

ê Number of workers receiving compensation for work-related injuries.

6. The Right to Preferential Treatment for Camps and Villages in Remote and Deprived Areas

a. Identifying the most neglected areas;

b. Determining and implementing recommended actions.

Indicators:

ê Number of residential locations identified as development priority areas;

ê Value of exceptional budgets expended on these areas.

Table 4. SEQ Table_4. \* ARABIC 1: Statistical Indicators regarding Social Sectors of the Palestinian People for 1998

Indicator	West Bank	Gaza Strip	Total
Total Population	1,857,872	1,039,580	7,101,472[7]
Ratio of women to men	95 /100	97/100	96/100
Population Growth Rate	5.4 child/woman	7.4 child/woman	6.4 Child/woman
Average Lye span			71.7 years
Infant Mortality Rate	9.5/1,000	22.7/1,000	15/1,000
Percentage of Women in the Labor Force	15%	9%	12.3%

Source: ----------

4.5.6 Control

1) The position of Controller-General of Social Affairs should be established through a competent institution and mechanisms and criteria determined to ensure the proper regulation of this sector;

2) The Controller-General should prepare an annual report on conditions of social welfare sector, the developments therein and the tools and mechanisms to ensure the proper implementation of health plans. The report should be incorporated in the annual report of the PNPAHR;

3) A special committee on social affairs should be established within the PLC;

4) A competent local NGO operating in the field should be designated to assist the Controller-General in the execution of his duties;

The role of the Ministry of Social Affairs must not, by any means, be diminished in this regard. While the ministry bears executive responsibility for the implementation of the social welfare plan, it also has a vital responsibility for overview and control.

5- Environment

Introduction

It is universally acknowledged that human rights are indivisible. All international conventions and charters highlight the human dimension and the right to development, declaring that violations of human rights inevitably lead to degradation of the environment. In most of the cases the deterioration is irreversible and is very costly. Therefore, it is vital to prevent environmental degradation rather than bear the consequences.

The Palestinian territories have been the scene of tremendous environmental violations throughout various stages, exacerbated during the Israeli occupation. The situation requires that utmost attention be paid to all environmental issues within current as well as future development activities.

In general, the right to environment includes the following basic principles:

· The right to a safe and adequate environment ensuring health and safety for the current generation without prejudicing the rights of future generations. This includes the right to eradicate pollution and reduce environmental degradation and to stop any activities that may harm life, public health, living conditions and well-being.

· The right to sustainable utilisation of natural resources through establishment of justice and equity among all citizens, without jeopardising the rights of future generations, and to protect natural resources from depletion, deterioration and pollution.

· The right to effective participation in planning and decision-making with regards to environmental and development planning. This includes the right to own property and to receive assistance in due course in the case of natural and manmade disasters.

· The above calls for the proper planning and implementation of development and environmental activities, in a manner consistent with universally acknowledged environmental safeguards regarding human life and health.

5.1 Constitutional and Legal Provisions

Until very recently, the legal system in Palestine was based on a mix of Ottoman, British, Jordanian and Egyptian legislation in addition to Israeli military orders. Since the establishment of the PNA, several laws have been drafted to regulate and ensure respect for environmental human rights. The PNA has committed itself to respect for environmental human rights through:

· Article 33 of the draft Basic Law, which states that a balanced and clean environment is a human right, the preservation and protection of which, for the sake of present and future generations, is a national duty.

· Environmental human rights are also incorporated in Article 18 of the draft Palestinian Temporary Constitution that provides that “Natural wealth in Palestine is the sovereign property of all Palestinian people. It is the duty of the government to protect the historic rights of the people, endorsed by decisions and principles of international law, and to regulate their exercise by law.”

· Article 25 of the draft Temporary Constitution states: “Fundamental human rights and freedoms entrenched in international charters and conventions and included in internal laws shall be abiding. The Palestinian State shall become party to all international and regional human rights conventions and declarations.”

The PNA has expressed its real concern for and attention to the environment and sustainable development through the adoption of the following modern laws:

· Law No. 1 on Municipalities and Local Government of 1997;

· Law No. 2 of 1996 on the Establishment of the Palestinian Water Authority;

· Law No. 3 on Civil Defence of 1998;

· Law No. 10 on Industrial Properties and Free Industrial Zones of 1998;

· Law No. 1 on Natural Resources of 1999;

· Law No. 7 on Palestinian Environment of 1999;

· Draft Law No. 8 Concerning Protection of Livestock of 1998.

5.2 International Commitments

The PNA is preparing the ground for the establishment of a modern state that will apply international standards and principles related to environmental human rights. Awaiting international recognition, Palestine has not been requested to ratify international conventions and charters. However, the second paragraph of Article 10 of the Palestinian Basic Law asserts that the PNA will work without delay to become a party to regional and international declarations and covenants that protect human rights.

The international community has adopted numerous declarations, resolutions and covenants on environmental human rights, including:

· Montreal Protocol on the Protection of the Ozone Layer;

· Basel Charter for the Reduction and Control of Movement of Hazardous Waste;

· Convention concerning control of movement and disposal of hazardous waste across borders;

· Convention on Bio-diversity;

· UN Framework Convention for Climate Control,

· UN Conference on Development and Environment;

· The Rio Declaration.

Countries have reaffirmed their commitment to the right of humanity to live in a sound and safe environment as stipulated in international law through several proclamations, including:

· Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169)

Article 7 of the Convention states that the peoples concerned “shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development, which may affect them directly. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.”

· The Rio Declaration on Environment and Development

Principles 1 and 4 proclaimed, “Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature … In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.”

· Beijing Declaration, Fourth World Conference on Women

Paragraph No. 36 states the conviction that, “economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development, which is the framework for our efforts to achieve a higher quality of life for all people. Equitable social development that recognizes empowering the poor, particularly women living in poverty, to utilize environmental resources sustainably, is a necessary foundation for sustainable development.”

5.3 Current Conditions and Official Policies

The Palestinian environment has been subjected to great pressure as a result of over use of natural resources and pollution by Israel. Land resources are over-stretched due to the needs of an expanding population and economic demands. These factors contribute to unsustainable development.

Factors such as scarce resources, high rates of unemployment, the closure of the Palestinian territories and restriction of movement have driven the Palestinian people to focus on strategies of survival. Several warnings have been echoed against overuse and depletion of resources. Such conditions will jeopardise environmental human rights in the near future. Continuation of life styles and practices that are environmentally non-sustainable will have an extremely damaging impact on nature in addition to human rights.

Since assuming responsibility over parts of the Palestinian territory, the PNA, with the support of the donor states, has made special endeavours to rehabilitate and preserve the environment. Primary management responsibilities for the environment, which is set down in the Oslo Agreement, however, have not been implemented in a consistent way. For example:

· Environmental departments have been established in several ministries. The Environmental Planning Department was set up within the Ministry of Planning and International Cooperation in 1994 to undertake responsibility for the environment at national level.

· The Ministries of Agriculture, Local Government and Health have their own departments for environmental affairs. There is lack of coordination and cohesion in their programmes resulting in the duplication of programmes and resources.

· The Palestinian Environment Authority was established in 1997, to assume all responsibilities pertaining to the environment in Palestine.

· The Ministry of Environment was established in 1998, as the reference point for environmental affairs in Palestine.

The goals of the Ministry of Environment are to protect the environment, prevent further pollution, combat environmental deterioration and desertification, and promote environmental awareness and education. In this respect, the Ministry prepared a three-year development plan for the period 2000 – 2002, which contained four primary objectives:

Designing specific programmes and projects;
Implementation of designed programmes to provide solutions for the most pressing environmental problems;
Determining priorities based on available data and statistics;
Development of a timeframe not exceeding three years for the implementation of proposed projects.

The Ministry of Environment adopted in April 2000 the “Palestinian Environment Evaluation Policy” which was approved by the Cabinet on 23 April 2000. The mission statement of this policy is to “Strengthen sustainable economic and social development of the Palestinian people through attainment of the following objectives:

Ensuring appropriate quality of life in all spheres through the development process without compromising basic needs or social, cultural and historical values;
Protection of natural reserves;
Protection of bio-diversity and maintenance of sustainable methods for use of natural resources;
Endeavouring to prevent damage resulting from development activities and repairing damages already incurred.

Article 5, pertaining to implementation, held the Ministry of Environment accountable for implementing the policy, aided by the Environment Appraisal Committee composed of representatives from the Ministries of Environment, the Ministry of Health, the Ministry of Local Government, the Ministry of Transport, the Ministry of Agriculture, the Ministry of Tourism and Antiquities, MoPIC, the Palestinian Water Authority and the Palestinian Energy Authority. The committee does not include representatives of the NGO sector.

Moreover, the ministry prepared a number of reports on the environmental profile of the West Bank and the Gaza Strip, for the purpose of promoting the Palestinian National Environment Plan:

· The Environmental Planning Department issued the "Environmental Profile of the Gaza Strip";

· The Applied Research Institute in Jerusalem (ARIJ) compiled the Environmental Profile of the West Bank;

· The Palestinian Water Authority issued the Strategy on Bio-Diversity in Palestine;

· The Ministry of Environment, through cooperation with the Dutch agency NEDA, compiled the Environmental Strategic Plan in 1999.

The Palestinian National Plan of Action for the Environment is built on the strategic plan and defines and prioritises a set of projects for the period 2002-2003 totalling 158 as listed in the National Plan of Action for the Environment and in the report on the Palestinian Development Strategy issued by the Ministry of Jerusalem Affairs in October 1999. The plan classified projects according to the following categories:

1. Management of waste water;

2. Management of water resources;

3. Management of solid waste;

4. Management of irrigated agriculture;

5. Control of industrial pollution;

6. Planning land utilisation;

7. General information and public awareness;

8. Management of database;

9. Environmental standards and regulations;

10. Soil erosion;

11. Air pollution and reduction of noise;

12. Nature and bio-diversity;

13. Landscape and cultural heritage;

14. Natural resources;

15. Control of marine pollution and marine life.

5.4 Legislation

Although recently adopted legislation is fairly advanced in content, certain laws need reinforcement to take account of community contribution and the rights of the people. The following paragraphs point out some of the existing gaps:

1. The Law on Municipalities and Local Government provides that municipalities are responsible for ensuring water supplies for the residents consistent with their consumption. The law fails to define water quality standards or criteria.

2. The Civil Defence Law No 3 (28 May 1998) lacks special articles or provisions regarding storage, treatment or trafficking of hazardous or toxic substances.

3. Law No. 10 on Industrial Properties and Free Industrial Zones (November 1998) lacks specific provision regarding environmental safeguards and environmental impact of intended or existing enterprises.

4. Law No. 1 on Management of Natural Resources (January 1999) does not treat water resources, particularly ground water, as a natural resource. The issue of licences for drilling and natural resource exploration is the responsibility of the Minister of Industry. Nevertheless, the law is void of any requirements for the conduct of an environmental impact assessment, which is of vital importance for the preservation of the environment, prior to issuing a license.

5. In the context of defining hazardous waste, Law No. 7 on the Environment (1999), fails to include two main qualities of such waste, namely, erosion and chemical reaction. In addition, the law fails to define toxic substances. The law should include clear and specific definitions of such materials in addition to treatment methods. The law must stipulate that any chemical substances offered for sale must have clear and easy-to-read labels to advise the public on safety requirements.

Article 19 of the law indicates that the ministry shall determine jointly with other agencies types of permissible emissions. Such decisions shall be made on a case-by-case basis depending on the type of emission-causing activities.

Article 23 of the law permits disposal of waste by incineration while the same article prohibits incineration without protection safeguards. Such contradictions must be resolved.

Article 28 fails to define specifications and criteria for water quality.

Article 30 states that the ministry shall prevent persons from dumping any materials that may damage the environment, but the article fails to detail methods of controlling such acts.

6. The Palestinian Water Law must include articles defining pollution in addition to the biological and chemical changes occurring as a result of pollution.

5.5 Challenges and Difficulties

The Palestinian case is unique with regards to the integral relation between the political conflict and deterioration of environmental conditions. The situation has restricted efforts to organise and regulate use of land consistent with environmental safeguards and resulted in the existence of two planning models. The first is an Israeli design aimed at serving the interests of Israeli settlers in the West Bank and the Gaza Strip, and the second is a Palestinian undertaking to protect Palestinian citizens. Eight years after the beginning of the peace process Palestinians still lack control over their natural resources, which is the prerequisite for the proper management of these resources.

The most blatant Israeli violations of Palestinian environmental rights include land confiscation, overuse of water resources, pollution from Israeli factories, military zones, destruction of forests and uprooting of trees and transfer of Israeli factories inside the West Bank borders. All are blatant violations of the Fourth Geneva Convention, which Israel argues is not applicable to the Palestinian situation.

Internal problems include a shortage in water resources and low quality water, resulting from Israeli over-pumping of Palestinian water, as Israel consumes approximately 85% of the Palestinian West Bank ground water. The Palestinian territories suffer from increasing rates of air pollution resulting from an expansion in the establishment of industrial projects in limited areas, in addition to soil and water pollution, as a result of old sewage networks and inadequate refuse, medical and chemical waste disposal systems.

In order to overcome the difficulties listed above, priority must be given to the management of wastewater, solid waste disposal systems and control of industrial pollution.

5.6 Relevant Institutions and Their Roles

Projects should be assigned to various ministries and implementing agencies under the supervision of the Ministry of Environment. In addition, there are several official institutions operating in the field of environment, such as the Palestinian Water Authority, which follows the policy that everyone is entitled to receive adequate water supplies to ensure the basic minimum for life and general health.

The Palestinian Water Authority endeavours (through ongoing projects with a total value of US$ 400 million or the pipeline projects estimated at US$ 1 billion) to improve the living conditions of the Palestinian people.

The Palestinian Water Authority has prepared a three-year plan incorporating projects for installing water and sewage networks, collection of rainwater and wastewater treatment plants.

The Palestinian Water Authority published in 1999 the Strategic Plan for the Water Sector and the Palestinian Development Plan for Water, setting out plans for the development of the water sector until the year 2020.

Other institutions having environment-related functions:

MoPIC and the Higher Regional Council are responsible for planning of land utilisation and regional development.

The municipalities and village councils have responsibilities for collection, transport and, at times, disposal of refuse and solid waste at the local level.

The Ministry of Local Government and the Ministry of Health undertake responsibility for management of solid waste and medical waste respectively.

The Ministry of Agriculture, through the management and control of the use of agricultural chemicals and fertilizers and natural reserves, has the responsibility, in conjunction with the Water Authority, for rehabilitation of water resources (wells and springs) and their protection from pollution by chemical substances.

The Ministry of Industry tackles the management of industrial pollution.

The Ministry of Tourism and Antiquities protects and preserves archaeological sites.

The Palestinian Energy Authority is in charge of the management of pollutants and emissions resulting from energy use.

The Ministry of Housing has the responsibility for exercising control over construction work and ensuring compliance with the relevant regulations.

The Ministry of Supply applies quality standards and criteria to food products and ensures consistency with international standards regarding packaging and wrapping.

The Palestinian Specifications and Standards Institute is tasked with the preparation of relevant regulations for adoption consistent with international standards.

The Ministry of Education is responsible for advising pupils and students on issues pertaining to the environment.

The Ministry of Culture is responsible for organising public seminars and lectures on the environment.

The Ministry of Transport is responsible for ensuring adherence to environmental safeguards in vehicles and means of transportation to prevent pollution.

The Gaza Water Authority is responsible for securing water supplies for the inhabitants in accordance with internationally approved standards.

Non-Governmental Organisations:

Prior to the establishment of the PNA, the Palestinian NGO sector played an essential role in the environmental field, and it continues to do so in the present. Non-governmental organisations have begun the arduous and lengthy task of compiling and analysing data regarding environmental conditions in Palestine, in their search for solutions to environmental problems.

The NGO sector includes the following institutions:

· Applied Research Institute Jerusalem (ARIJ);

· Centre for Environmental and Occupational Health Services, Birzeit University;

· Institute of Community and Public Health, Birzeit University;

· Land and Water Establishment, an affiliate of the Arab Studies Society in Jerusalem;

· Palestinian Hydrology Group;

· Environmental Research and Protection Institute;

· Union of Palestinian Agricultural Relief Committees;

· Water and Environment Studies Centre in An-Najah National University;

· Children for the Protection of Nature in Palestine;

· Palestinian Society for the Protection of Nature; and

· International voluntary organisations and joint environmental ventures.

5.7 Financial Needs and Resources

The Palestinian Development Plan (1999-2003) has given infrastructure projects priority status to remedy effects of long years of neglect suffered during the prolonged Israeli occupation. These projects require heavy capital investment for proper rehabilitation. Approximately 48% of the estimated budget has been allocated for the infrastructure over the period of the next five years.

The implementation of the PNPAHR requires allocation of sufficient budgets for the rehabilitation of the environment and for executing projects aimed at reinforcing proper management of the environment. Since the PDP incorporated the proposed projects and included their cost within the budgetary estimates, they shall not be listed herein. Estimates shall be confined to actual needs of areas pertaining to environmental human rights, which are estimated below.

The PDP for the Environment, prepared by the Ministry of Environment in March 1999, provides a detailed description of the projects slated for execution during the period 2000 - 2002, with the total cost of US$ 377 million distributed as follows:

	Area of Expenditure	Amount	Percentage (%)
1.	Management of Wastewater	214.6	57
2.	Management of Water Resources	56.5	15
3.	Management of Solid Waste	21.5	5.7%
4.	Agriculture and Irrigation	20.4	5.4%
5.	Control of Industrial Pollution	13.3	3.5%
6.	Land Use Planning	4.7	1.3%
7.	Public Information	1.0	0,3%
8.	Overview and Database	5.0	1.3%
9.	Environmental Standards	1.2	0.3%
10.	Soil Erosion	22.2	5.9%
11.	Air Pollution and Noise	0.5	0.1%
12.	Nature and Bio-diversity	7.3	1.9%
13.	Landscaping & Cultural Heritage	3.3	0.7%
14.	Natural Resources	2.8	0.7%
15.	Marine Pollution	3.0	0.8%
	Total (US$ million)	377,375	100%

5.8 Priorities

The PNA and, particularly, the Ministry of Environment are responsible for the promotion and application of sustainable development in Palestine. It is essential to realise that discrimination and natural environment are integral and indivisible components of the process of development; therefore respect for human rights must entail respect for the environment. Palestinians cannot provide one-sided support for the environment in the face of the continuation of current Israeli policies and practices. For instance, one basic and fundamental right is access to potable drinking water; over 150 Palestinian communities are deprived of this right. The Palestinian Water Authority has attempted to connect these communities to water networks, but the Israeli authorities refused the necessary permits. Furthermore, Israel refused to provide the Palestinians with the additional amounts of water agreed upon in the Oslo Accords.

With respect to the Israeli side, priorities may be determined as follows:

· Fulfilling Palestinian entitlements to water and granting them the right to surface and ground water, in order for the Palestinian Authority to satisfy the needs of the population for water and to establish control over natural resources;

· Conducting environmental impact assessments on Israeli practices in the Palestinian territories;

· Immediate cessation of harmful activities by the Israeli army and settlers, including removal of land mines and refraining from destroying trees and cultivated land;

· Assertion of demands for Israel to hand over to the Palestinian side all data and statistics concerning land, water and settlement activities;

· Construction of the Western Jordan Valley canal, which is part of the Johnston project for sharing the waters of the River Jordan among bordering nations. This can be achieved through assuming sovereignty and responsibility for the regional administration of the international borders of the Jordan basin in accordance with international principles, inclusive of the right to water;

· Building water networks within and between Palestinian governorates to secure sufficient water supplies for the citizens;

· Ensuring that Israel refrains from diverting brackish water around Lake Tiberias into the lower Jordan Valley, rendering its water unsuitable for use and that Israel pays compensation for damages incurred;

· Granting total freedom to the Palestinians to establish wastewater treatment stations in appropriate locations;

· Re-assessing the environmental value of protected nature reserves.

Priorities for the Palestinian side include:

· The establishment of a Palestinian institution for sustainable development comprised of representatives from relevant ministries and the NGO sector;

· Allocating the required budgets for the protection of the environment and management of natural resources to ensure sustainable development;

· Introducing environmental cost/benefit analysis and applying this analysis in development projects without undermining the public interest and investment opportunities;

· Securing the community need for clean drinking water and prevention of over-pumping of water from the aquifer in the Gaza Strip;

· Maximising irrigation efficiency through the introduction of modern irrigation systems, to ensure optimal utilisation of scarce water resources and enhance water harvesting;

· Reducing pollution of surface and ground water in Palestine, building wastewater treatment plants in urban areas and residential conurbations and utilising treated water for irrigation;

· Monitoring and controlling land degradation, desertification, dryness and increased salinity and any other consequences resulting from climate changes;

· Protecting of cultural heritage and archaeological sites, together with their rehabilitation;

· Implementation of a Palestinian strategy for the protection of biodiversity, including an early warning system and plan for the protection of the marine environment;

· Setting appropriate criteria and specifications for the management of solid waste in Palestine, including assigning responsibilities and defining tasks for relevant parties. Garbage dumps must be closed according to a specific time schedule. Five new garbage dumps must be set up in the West Bank, as well as two additional dumps for the disposal of industrial waste. Special efforts must be made to preserve open space in the zoning plans by inclusion of designs for circular connecting roads to alleviate the heavy traffic inside big urban centres, as part of a comprehensive plan for the transport sector promoting environmentally friendly means of transport;

· Regulating the management of hazardous substances in Palestine and establishing strict control systems to ensure adherence. Similarly, use of pesticides and other chemical fertilisers should be regulated to protect the environment;

· Developing legal guidelines for the protection of nature and forests, wildlife and flora, and ensuring the strict enforcement of hunting regulations in accordance with international standards;

· Rehabilitating nature reserves and reassessing their environmental value;

· Designing a comprehensive plan for the management of environmental and natural disasters;

· Forming a special committee for environment affairs in the PLC.

5.9 Plan Implementation Mechanisms

Implementation of the PNPAHR is effected through a comprehensive programme combining legal procedures, institutional arrangements, technical and financial requirements, implementation and overview mechanisms, performance and impact indicators and designation of responsibilities. While these elements are indivisible due to integral unity and coherence, it is preferable to highlight implementation requirements with regards to human rights, and to focus on technical aspects such as management of natural resources, treatment of solid waste or preserving bio-diversity, all of which are included within the strategies and plans of the Ministry of Environment and other ministries, such as the Ministry of Agriculture, and the Water Authority. Relevant decisions have already been made in the five-year PDP (1999–2004).

In this context, the Ministry of Environment designed its plan in consultation with the other relevant ministries and the NGO sector, and presented it to specialised focus groups for adoption.

1. The Right to Ideal and Optimal Utilisation of Natural Resources in a Framework of Sustainable Development

a. The right to use natural resources in a sustainable fashion to ensure the fulfilment of the needs of the present generation without prejudicing the rights of future generations;

b. The right to economic development while preserving the environment.

Indicators

ê Criteria for sustainable development such as population density, human-economic development indicators and poverty rates;

ê Periodic reports on environmental conditions, particularly issues pertaining to land, water, air, humans and wildlife;

ê Environmental audit in Palestine.

Implementing Agency:

ê Ministry of Environment.

2. The Right to Optimal Utilisation of Water Resources and Protection from Pollution

a. The right to an adequate supply of clean water.

Indicators

ê Quantity of water used for various purposes in Palestine;

ê Rate of interruption of water supplies in networks;

ê Reduction of wastage of water through leakage in the networks;

ê Progressive increase in use of treated wastewater for irrigation purposes;

ê Improvement of water quality, especially in the Gaza Strip and the Jordan Valley;

ê Analysing and controlling causes of pollution, the percentage of residential areas served by sewage networks and reduced reliance on cisterns.

Responsible Bodies

ê The Palestinian Water Authority, water departments across the country, the Ministry of Environment, the Ministry of Agriculture and the Ministry of Local Government.

3. The Right to Adequate Utilisation of Land

Indicators

ê Increase in planned and organised urban expansion;

ê Rate of violations of regulations concerning agricultural land;

ê Area of cultivated land;

ê Rate of desertification and increased salinity.

Responsible Bodies

ê The Ministry of Agriculture, the Ministry of Housing, the Ministry of Local Government, the Ministry of Planning and International Cooperation and research centres.

4. The Right to a Pollution-free Environment and Access to Environmental Services

a. The right to clean air free from pollution;

b. The right to a noise-free environment.

Indicators

ê Quality of the environment and freedom from pollution;

ê Quality of environmental services and number of people benefiting from them;

ê Extent of adherence to model management approaches regarding industrial premises and use of pesticides;

ê Number of appropriate disposal systems for refuse and industrial and medical waste;

ê Implementing an effective system to monitor air quality;

ê Applying specific criteria for noise pollution.

Responsible Bodies:

ê Ministry of Environment, Ministry of Local Government and Ministry of Industry.

5. The Right to Enjoy Nature and Wildlife

Indicators

ê Effective management of nature reserves and parks;

ê Reduced number of endangered species in Palestinian wildlife.

6. The Right to Environmental Education and Awareness

a. The right to effective participation in the decision-making process;

b. The right to access information and materials on the environment.

Indicators

ê Evidence of growing environmental awareness within the population and the extent of availability of environmental information;

ê Extent of adoption of environmental education elements in the school curricula and in development programmes;

ê Level of community participation in various environmental activities;

ê Effectiveness of the Palestinian media in promoting environmental awareness;

ê Enforcement of judicial rulings against environmental violations.

Responsible Bodies

ê The Ministry of Environment, the Ministry of Education, the Ministry of Culture and Information and the Palestinian Society for the Protection of Nature.

7. The Right to Termination of Israeli Violations, and Compensation for Damages

a. The right to receive compensation for Palestinian resources used by Israel;

b. The right to realisation of water rights in the Jordan valley and to ground water;

c. The right to terminate Israeli violations of the Palestinian environment.

Indicators

ê Degree of state control over natural resources and border crossings;

ê Amount of compensation received by Palestine for utilised resources;

ê Quantities of water under Palestinian sovereignty;

ê Execution of the Western Jordan Valley Canal.

Responsible Bodies

ê Negotiations Affairs Department, the PLC and the Executive Committee of the Palestine Liberation Organisation.

5.10 Control

1) The establishment of the position of Controller-General for Environment Affairs within an institution of competence, and determining the mechanisms of ensuring proper implementation of the sectoral plan;

2) The Controller-General shall be requested to prepare an annual report on the environment conditions and developments, to be incorporated within the annual report on the PNPAHR;

3) Establishing a specialised committee within the PLC;

4) A competent specialised organisation may be designated to assist the Controller-General in executing assigned duties;

5) The indicators listed above shall constitute the bases for the annual evaluation report, for this purpose the designated organisation shall compile and maintain a computerised database to ensure proper follow up;

6) Special mechanisms are to be envisaged to allow the discussion of the annual report by executive and legislative bodies and incorporating recommendations and suggestions to ensure follow up.

The role of the Ministry of Environment must not, by any means, be diminished in this regard. While the Ministry remains to be responsible for the execution of the plan, yet, it has an obligating to undertake significant responsibilities in overview and control.

6. Administration of Justice

Introduction

The rule of law is pivotal for the establishment of social justice, an essential pre-requisite for community development. The Palestinian Plan for the Administration of Justice does not merely concern itself with ensuring the presence of a legal foundation that adheres to universally acknowledged human rights and freedoms, but extends to making provisions for human and material components that enable the enforcement of the legal base. The plan includes supporting facilities as well, such as reform and rehabilitation centers and prisons and provision of legal defence for accused persons.

With the establishment of the PNA tremendous efforts have been exerted to rehabilitate the judiciary with some major achievements. Nevertheless, there remain many essential steps to be taken in this regard.

6.1 Constitutional and Legal Provisions

The draft Basic Law contains several sections related the judiciary, the most important of which are:

· Article 6 asserts the principle of “the rule of law as the basis of government in Palestine”.

· Provisions for public rights and freedoms are contained in Article 9 through 17 in the draft Basic Law, detailing the general principles of equality of all Palestinians before the law, respect for human dignity of all persons, provision of legal representation in fair trials for accused persons, and freedom and inviolability of homes.

· Section five of the draft Temporary Constitution addresses the judicial authority and provides for the professional, administrative and financial independence of the judiciary. The draft provides that judicial independence shall be upheld by the courts, the degrees and competence of which shall be regulated by law. It also states that the law shall set down conditions for appointment of judges and staff in a manner to ensure independence of the judiciary.

The PLC is currently in the process of finalizing the adoption of a set of draft laws pertaining to the administration of justice. These include:

· Law on Formation of Courts;

· Law on Independence of the Judiciary (pending endorsement by the President);

· Law on Criminal Procedure;

· Law on Civil Procedure;

· Penal Code;

· Law on Juvenile Delinquents; and

· Law on Evidence.

In addition, the President approved a number of laws enacted by the PLC, such as the Law on Rehabilitation and Reform Centers, and the Law on the Palestinian Bar Association. The President also issued decrees for the establishment of the higher state security court and the Higher Judicial Council.

6.2 International Commitments

International conventions and charters contain numerous provisions concerning the administration of justice which must be adhered to unreservedly in Palestine. This can be attained by obtaining membership in the UN Organization and joining the other states signatories to these charters and conventions. These conventions and charters must be incorporated within adopted Palestinian Legislation to ensure the respect and implementation thereof by the Palestinian executive and the judicial authorities

Among the most important issues contained in these declarations and conventions:

· Provisions of the Universal Declaration of Human Rights: stating, inter alia,

- Article 1, “All human beings are born free and equal in dignity and rights.”

- Article 6, “Everyone has the right to recognition everywhere as a person before the law.”

- Article 7, “All are equal before the law and are entitled without any discrimination to equal protection of the law.”

- Article 8, “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

- Article 10, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.”

· Article 14 of the International Covenant on Civil and Political Rights, adopted by the UN General Assembly in December 1966, provides that “All persons shall be equal before the courts and tribunals …. [E]veryone shall be entitled … in the determination of any criminal charges against him … to a fair … hearing by a competent, independent and impartial tribunal established by the law.”

· The UN General Assembly Resolution No. 173/43 adopted in 1988 contained a set of principles pertaining to the protection of all persons subjected to detention or imprisonment, Principle No. 2 states that detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent and authorized personnel.

· The UN General Assembly adopted in 1975 Resolution No 3452 “The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, calling upon member states in Article 4 to “… take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction”.

· Basic Principles on the Independence of the Judiciary.

· The Economic and Social Council adopted a resolution in 1984 entitled “Safeguards guaranteeing protection of the rights of those facing the death penalty.” Article 1 calls upon countries which have not abolished the death penalty to ensure that “capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.”

· With regard to the role of lawyers, the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, held in 1990, adopted a set of principles asserting the entitlement of all persons to the assistance from a lawyer of their choice to protect their rights and defend them in all stages of criminal proceedings.

· The same Congress adopted guidelines regarding state prosecutors stating that, “persons selected as prosecutor shall be individuals of integrity and ability, with appropriate training and qualifications.” The guidelines define other criteria of fair and equitable appointment.

· In addition, international conventions address the issue of war crimes and crimes against humanity, including genocide, asserting the principle of non-applicability of statutory limitations to war crimes and crimes against humanity.

6.3 Current Situation and Official Policies

The financial and administration affairs of the Palestinian judiciary is administered directly by the Ministry of Justice. The Higher Judicial Council deals with professional aspects of the judiciary despite the passage of five years since the establishment of the PNA and assumption of its responsibilities over the judicial system, the system still suffers from certain problems existing before the PNA era.

An absence of independence and lack of efficiency, compounded by severe shortage in human and material resources, are among the permanent characteristic features of the Palestinian judiciary. This situation has led to the continuation of violations and challenges to the authority and jurisdiction of the judiciary, particularly in light of the duality of the legal frameworks governing its work in the West Bank and the Gaza Strip.

In addition, the judicial system is subject to different forms of interventions in its affairs and proceedings, whether regarding the establishment of courts or the appointment of staff and personnel.

Interventions from various security apparatuses and other official departments add to the difficulties of the Palestinian judiciary and result in the system being rendered void of its powers and competence. Various courts, including the High Court, also suffer from the direct intervention of the executive authority in their proceedings. A number of cases have been withdrawn from these courts to be assigned to the State Security Courts. In addition, the enforcement of court rulings has been stalled or suspended in some cases. Such conditions drive many people resort to other means of adjudication to resolve their disputes, manifesting a lack of confidence in the court system and absence of the rule of law or respect for human rights.

The Jordanian Court Inspection Order No. 105 of 1965 stipulates that regular inspections should be made in the West Bank courts, whereas, the Gaza Strip laws lack such an arrangement, thus depriving the system of one of the most important safeguards for the proper conduct of court affairs.

The present status and conditions of the Palestinian judiciary reveal a severe shortage in the number of judges, public prosecutors, bailiffs and other personnel throughout the Palestinian territories. This situation has led to delays in the administration of justice and the de facto denial of the rights of the people, notwithstanding the enormous financial revenues collected by the judiciary for the state treasury.

There is no available studies identifying the exact number of judges needed in the Palestinian courts in relation to population statistics. The current conditions, however, indicate that the West Bank courts are worse off than the Gaza Strip courts vis-à-vis the number of judges. Although the Gaza Strip population comprises some 40% of the total population under Palestinian legal jurisdiction, judges in the Gaza Strip comprise about 49% of the total number of judges in the Palestinian judiciary. The inequitable and disproportionate distribution of judges places additional burdens on certain judges. Public prosecutors cannot exercise their responsibilities as defined by law, as their authorities have been taken over by military and state security prosecutors. These problems are compounded by the physical conditions of the court buildings and the lack of sufficient space to host the offices or absorb the large numbers of people frequenting the courts, as well as absence of legal libraries and references books for the judges and the lawyers. There are also numerous problems facing the Palestinian Bar Association, which does not assume any effective role in supporting the judiciary.

The following tables exhibit in figures the current conditions of the Palestinian judiciary:

Table 6. SEQ Table_6. \* ARABIC 1: Number and distribution of Judges in Magistrates’ Courts in the West Bank per capita

District	Population	Court Location	No. of Judges	Ratio Judge: Population
Jenin and Tubas	245,487	Jenin	1	1: 245,487
Tulkarm	137,381	Tulkarm	2	1: 68,691
Nablus	267,650	Nablus	4	1: 66,913
Qalqilya and Salfit	125,598	Qalqilya and Salfit (2)	1	1: 125,598
Ramallah	221,436	Ramallah	2	1: 110,718
Jericho	33,849	Jericho	2	1: 16,925
Bethlehem	141,187	Bethlehem	1	1: 141,187
Hebron	418,293	Hebron	1	1: 418,293
Total/Average	=SUM(ABOVE) 1,590,881	9	14	1: 113,634

Table 6. SEQ Table_6. \* ARABIC 2: Number and distribution of Judges in Magistrates’ Courts in the Gaza Strip per capita

District	Population	Court Location	No. of Judges	Ratio Judge: Population
Gaza	388,031	Gaza	6	1: 77,606
Deir El Balah	157,450	Deir El Balah	2	1: 78,725
Khan Yunis	212,572	Khan Yunis Eastern Khan Yunis	4	1: 53,143
Rafah	130,354	Rafah	2	1: 65,177
Jabalia	198,660	Jabalia	2	1: 99,330
Total/Average	=SUM(ABOVE) 1,087,067	6	16	1: 72,471

Table 6. SEQ Table_6. \* ARABIC 3: Number and distribution of Judges in Courts of First Instance in the West Bank per capita

District	Population	Court Location	No. of Judges	Ratio Judge: Population
Nablus, Jenin, Qalqilya, Tulkarm, Salfit, Tubas	776,116	Nablus	4	1: 194,029
Ramallah	221,436	Ramallah	5	1: 44,288
Jericho	33,849	Jericho	1	1: 33,849
Bethlehem	141,187	Bethlehem	3	1: 47,062
Hebron	418,293	Hebron	2	1: 209,147
Total/Average	=SUM(ABOVE) 1,590,881	5	15	1: 72,471

Table 6. SEQ Table_6. \* ARABIC 4: Number and distribution of judges in District Courts in the Gaza Strip per capita

District	Population	Court Location	No. of Judges	Ratio Judge: Population
Gaza, North Gaza	586,691	Gaza	7	1: 83,813
Khan Yunis, Rafah, Deir El-Balah	500,376	Khan Yunis	3	1: 166,792
Total/Average	=SUM(ABOVE) 1,087,067	2	10	1: 108,707

6.4 Legislation

Most legislation regulating the administration of justice is currently pending approval at different levels. Some completed drafts are awaiting endorsement by the president. Therefore, the current situation remains regulated by a disunified and diverse set of laws in the northern and the southern parts of the land. Such a situation places the prompt completion and endorsement of the laws regulating the administration of justice at the top of the priority list in order to ensure the rule of law and public freedoms and to realize justice in Palestinian society.

The Palestinian Legislative Council, as well as all the public and private institutions concerned with the administration of justice, have to pay special attention to ensure compliance of the legislation under review with the requirements and provisions of international human rights conventions.

6.5 Challenges and Difficulties and Means of Confronting Them

The Palestinian National Authority inherited outdated facilities in the judicial system lacking the basic requirements both in quantity and quality. Court buildings are old and shabby and most suffer from a lack of space and insufficient number of court rooms, in addition to lack of hygiene facilities, parking space, adequate offices, and communications or information facilities. It has been noted that courts do not have their own vehicles for the use of judges or for moving files. Public transportation is often used with a certain degree of risk.

The decision to establish courts of first instance in the cities of Jenin, Tulkarm and Al Aizariya is viewed as a positive indication, but it should be executed without further delay. Although Decree Number 39 of 1996 was issued four years ago, only the Bethlehem Court of Instance was established.

The low number of courts of first instance has contributed, among other factors, to the accumulation of cases and slow legal proceedings. It should be noted in this regard that the decision to establish several courts of first instance above was not accompanied by similar decisions for the appointment of additional judges to staff these courts.

Structural and material obstacles can be easily remedied and overcome, as they do not constitute a real obstacle to delivering justice. The real impediment is the lack of competent judges. There are only 32 judges in the entire West Bank, who had to review 108,249 cases in 1998, (i.e. each judge had over 3,000 cases annually). These figures are indicative of the long delays in reviewing cases with the implications this may have on the level of concentration of the judges in forming legal opinions and reaching decisions, as well as on the quality of the proceedings.

The absence of comfortable financial remuneration for the court staff, clerks, legal aides and stenographers impacts on the staff morale and performance of the judiciary as a whole.

The pervasiveness of “tribal adjudication”, and legal interventions by the governors are additional impediments affecting the workings of the formal judiciary. Both types of intervention must be prohibited.

In this regard, it would benefit the judiciary to resort to the legal settlement system, already stipulated for in the draft Law of Civil Court Procedures or effecting arbitration or other alternative methods to resolve legal disputes. Such methods would relieve some of the burden on the judges and enhance and speed up legal proceedings in many cases.

Despite their competence, judges would benefit greatly from short or long-term study missions to benefit from international legal expertise and keep up with developments and new trends in the legal sciences. They should also be encouraged to hold conferences and conduct their own research. Promotion of judges could be tied to participation in such activities. The Palestinian judiciary needs to become familiar with international humanitarian law, human rights standards, conventions and declarations and their applicability in the Palestinian context.

It is also necessary to increase the number of the judges in the Ramallah Court of Appeal from three judges to a number sufficient to handle all the appeals brought before the court from the lower courts, in addition to the other cases brought to its attention when setting as the High Court of Justice for the West Bank. Appeals are often heard in one session. In contrast, the Gaza Court of Appeals has more than 12 sitting judges. The Palestinian Bar Association must hold its elections so that it can assume its vital role in supporting the administration of justice in Palestine.

6.6 Relevant Institutions and Their Role

The PLC has a key role in adopting laws to regulate the judiciary and to overview the performance of the government with respect to law enforcement and the administration of justice.

Ministry of Justice must exert more effort to provide adequate buildings for the courts and to equip them with the necessary requirements to facilitate the conduct of their work. It must also secure the appropriate number of judges, public prosecutors, specialized staff and bailiffs, and provide them with adequate training compatible with their functions.

The Diwan al-Fatwa has the task of preparing draft laws ensuring the rule of law and conformity with international standards for the respect and protection of human rights.

The Bar Association has an important function in reinforcing the principles of the rule of law through the effective participation in reinforcing the independence of the judiciary and ensuring the necessary requirement for providing justice in the courts for all citizens.

The Higher Judicial Council has the task of speeding up the process of appointing an adequate and sufficient number of judges in various courts and to reviewing the working commendations of judges.

The General Control Commission must assume a significant role in the domain of the rule of law, protection of public funds and resources and overview of governmental departments involved in the judicial and legal sector.

Law colleges can design and conduct training programs as well as organise specialised seminars and workshops.

NGOs can maintain contacts with officials and all persons concerned with the administration of justice and the rule of law to keep them apprised of any violations and provide legal advice to individuals on legal procedures to protect their rights.

6.7 Financial Needs and Resources

· The separation of the executive and legislative powers must be guaranteed. This should be done in a flexible manner to enable the participation of judges in the law-making process, by providing legal opinions on draft laws or assisting in drafting provisions for discussion in the Palestinian Legislative Council. This requires the fostering of strong relations between the judges and the Diwan al-Fatwa, and the design of special programmes and mechanisms to optimise such cooperation.

· Palestinian courts are in need of three times the number of currently sitting judges. This calls for the adoption of practical measures to attract experienced and competent lawyers to join the judiciary.

· A special institute should be established to provide training for newly appointed judges for a period of six months prior to assumption of office. The Higher Judicial Council might assume the responsibility of administering such an institute.

· Remuneration for judges and personnel should be increased and a legal library established to provide legal references and texts to assist judges in their work. Special vehicles with special license plates should be provided for the judges to enhance the independence of the judiciary.

· The administrative system should be reformed to grant the judges equal opportunities for promotion and upgrading.

· Public prosecutors should be appointed in various governorates commensurate with the population they serve.

· Regulatory legislation should be adopted for the judicial police to ensure fair procedures and justice in the enforcement of the courts’ decisions.

· A special institute should be established for training lawyers, to be administered by the Palestinian Bar Association.

· A sufficient number of competent personnel should be appointed in the Diwan al-Fatwa to be responsible for translation, documentation, etc.

· The premises of the judiciary should be Upgraded and renovated, including:

- Renovating court buildings;

- Implementation of decisions for establishment of courts;

- Establishing special juvenile courts

- Upgrading the forensic medicine centre in the West Bank and establishing a new centre in the Gaza Strip;

- Upgrading methods of drafting court decisions through the introduction of computer systems and other modern technological devices.

The PDP (1999–2003) contained a number of strategies pertaining to the administration of justice, including strategies for the development of the legal affairs sector envisaging:

the establishment of a unified legal system; and
the development of the Land Registration Department .

Strategies for the development of public security included defining the powers and responsibilities of each security apparatus and drawing a detailed mandate for each of these apparatuses.

With regards to the promotion of democracy strategies, the Palestinian Development Plan stressed the importance of preventing overlap of the jurisdictions of the various authorities and emphasised the role of the legislature in consolidating the foundations of democracy.

The Ministry of Justice added a number of strategies pertaining to the administration of justice, including:

upgrading forensic medicine facilities; and
promoting management training for court personnel, public prosecution and the Diwan al-Fatwa, and upgrading the administrative system of the Land Registration Department.

These plans are in addition to the other needs and requirements included in the Palestinian National Plan of Action for Human Rights.

6.8 Priorities

To overcome the difficulties and challenges facing the administration of justice, the following steps must be taken:

· Speeding up the adoption and promulgation of laws regulating the administration of justice, while ensuring their adherence to international standards for the protection of human rights and to the principle of the independence of the judiciary;

· Appointing judges in adequate numbers to enable the resolution of a large number of legal cases brought before the courts while respecting international standards and local needs;

· Conducting training programs for the judges to upgrade their competence. This requires the establishment of an institute to provide periodic training for the judges;

· Appointing adequate numbers of qualified and competent public prosecutors in various areas;

· Appointing sufficient numbers of qualified court staff, such as clerks, legal assistants, bailiffs, guards etc.;

· Securing appropriate buildings for the courts and the establishment of magistrates’ courts and courts of first instance in accordance with the needs of Palestinian cities and governorates;

· Providing modern equipment, such as computers and photocopiers, as well as stationery, office supplies, lighting and transport vehicles, improving administrative capacity and adopting new systems;

· Providing special vehicles for the judges with appropriate remuneration to ensure that they conduct their mandate without resorting to favouritism and corruption;

· Providing special training for Palestinian lawyers to upgrade their capacity in the administration of justice and to prepare them to assume positions in the judiciary as judges or public prosecutors as may be needed;

· Establishing arbitration centers to relieve judges from the large number of cases currently under review in Palestinian courts;

· Building a computerized database in each court and providing these courts with modern equipment and legal libraries;

· Developing the curricula and teaching capacity of the Palestinian law colleges.

6.9 Plan Implementation Mechanisms

1. The Right to Application of the Rule of Law in the Palestinian Community

Indicators:

ê Significance of the law in protecting individuals and groups in society;

ê Resort to the legal system as a reference for resolving disputes and illegal acts;

ê Protection of the judiciary from interference by the executives;

ê Protection of the judiciary from interference by the legislatives;

ê Determination of the rights and duties of citizens.

Responsible Bodies:

ê Ministry of Education: to prepare special courses to be introduced to students in grades six to ten concerning justice, rights and obligations;

ê Ministry of Higher Education: to develop educational courses on human rights and democracy in Palestinian universities;

ê General Control Commission: to ensure overview of and control over interference in judicial proceedings by powerful officials;

ê Ministry of Information: to design educational programmes on the significance of the law in society for dissemination through the media;

ê NGOs: to promote public awareness through public meetings, debates and seminars.

2. The Right to Enforcement of the Principle of Separation of Powers

Indicators:

ê The type of political system adopted in the Constitution;

ê Budgets allocated to the judiciary separately from the Ministry of Justice;

ê Execution of court rulings;

ê Legal prosecution of persons interfering or tampering with the judiciary.

Responsible Bodies:

ê PLC: to ensure the inclusion of appropriate provisions in the Constitution for the separation of powers;

ê The Ministry of Finance: to allocate a special budget for the judiciary;

ê The Budget Committee of the PLC: to ensure that the allocated budget is disbursed.

3. The Right to Due Process by an Independent Judiciary

ê The right to fair trial.

Indicators

ê Extent of professional, financial and administrative independence of the judiciary;

ê Prevalence of the rule of law;

ê Presence of competent judges;

ê Presence of clear and specific legislation;

ê Proceedings held in public;

ê Respect by the Executive Authority of court-issued rulings;

ê Equal treatment for all;

ê Cost of legal fees.

Responsible Bodies

ê The Ministry of Justice, the Higher Judicial Council, the Attorney General, the Palestinian Bar Association, NGOs, the Palestinian Legislative Council and Palestinian law colleges.

4. The Right to Prompt Conclusion of Cases

Indicators

ê Availability of competent courts in each district in proper locations and buildings;

ê Availability of an adequate number of judges with competence to resolve cases;

ê Implementation of court-issued rulings;

ê Availability of adequate premises in the courts to absorb the daily influx of people;

ê Availability of modern office equipment, such as computers, photocopiers etc.

Responsible Bodies

ê The Palestinian Legislative Council, the Ministry of Justice, the Higher Judicial Council, the Palestinian Bar Association and human rights organisations.

5. The Right to Appointment of Competent Judges and Public Prosecutors who possess professional qualifications and probity witness discrimination on around or sex, colours or religious or political beliefs

Indicators

ê Extent of resolution of cases without external interventions;

ê Level of knowledge of the Palestinian legal context and applicable legislation;

ê Number of participants in training programmes;

ê Salary scales of judges and number of vehicles assigned to judges.

Responsible Bodies

ê The Ministry of Justice: to ensure the following:

- Appointment of competent public prosecutors;

- Implementation of decisions for the ----------- of courts;

- Establishment of administrative courts;

- Separation of the Court of Appeal from the High Court of Justice;

- Establishment of special courts for juveniles;

- Upgrading and modernising the premises of the judiciary to facilitate the work of the judges and public prosecutors;

- Modernising the forensic medicine centres.

ê The Legal Procedures Department: to ensure the implementation of all court rulings.

6. The Right of Everyone to Liberty and Security, including:

a. The right to be considered innocent until proved guilty according to law;

b. The right to have an appropriate and competent state prosecution system;

c. The right to an independent legal defence system.

Indicators

ê Prevention of arbitrary detention, imprisonment of deportation of any person;

ê Presenting detained persons before legally authorised judges or officials to determine their case;

ê Prompt determinations by a legal body on legality of detention and the order of the prompt release of persons detained in violation of the law;

ê Compensation of persons for harm or damage incurred in the event of being subjected to detention contravening to the above indicators.

Responsible Bodies

ê PLC, the Ministry of Justice, the Higher Judicial Council, the Palestinian Bar Association and non-governmental organisations.

6.10 Control

1) The establishment of the position of Controller-General for the Administration of Justice through a specialised institution, and determining the mandate to ensure proper implementation of the plan in this sector.

2) The Controller-General shall compile an annual report on the status of the Judiciary and the developments, and the mechanisms for ensuring proper implementation of this sector to be incorporated within the annual report of the Palestinian National Action for Human Rights.

3) Establishment of a Committee within the PLC to specialise in the administration of Justice.

4) A local competent NGO can be assigned to assist the Controller-General.

5) The indicators listed above shall constitute the basis for the annual evaluation report. For this purpose, the assigned institution shall compile a computerised database to ensure proper monitoring of these indicators.

6) Special mechanisms are to be envisaged to enable the discussion of the annual reports by the executive and legislative bodies and for submission and inclusion of recommendations with regards to effecting monitoring and follow up.

The role of the Ministry of Justice must not, by any means, be diminished in this regard. While the Ministry remains to be responsible for the execution of the plan, yet, it has an obligating to undertake significant responsibilities in overview and control.

III. Implementation and follow up

The PNPAHR is intended to provide the administrative guidelines for development planners, public policy makers and program designers as well as for the implementing bodies at the national level. Special considerations have been made for the plan of action to be timed in conformity with the PDP.

It is anticipated that the future Palestinian state, by adherence to the Plan, will exercise its responsibilities and fulfil its obligations to implement human rights standards in a manner that will enable the development of the Palestinian community to advanced levels of social justice and well being. Therefore, it is vitally important to abide by the terms of this plan, which is the practical guide for implementation.

For this purpose, it is essential to establish a national body with full powers and responsibilities to undertake monitoring and follow up the implementation of the plan and monitor the level of compliance with its provisions, through compiling data, monitoring and documenting indicators, preparing annual and ad hoc reports, and making available all requirements for the successful implementation of the plan.

The plan contains a solid basis for assisting the proposed body as it includes specific provisions detailing the rights and determining the bodies responsible for implementation and follow up, in addition to sources of necessary information.

The general framework for the proposed body, should be in the form of an independent institution with a clear mandate and comprising representatives of the various governmental institutions as well as civil society (non-governmental) organizations, so that it shall have at its disposal adequate executive mechanisms including a number of controllers-general specialized in each of the six sectors included in the plan. The directors shall operate under the supervision of a Director-General in charge of directing the work and of coordinating implementation with the governmental and non-governmental bodies involved, in addition to preparing the annual report and the recommendations to concerned departments.

The preparation of the annual report requires the establishment of a central information unit, to be in charge of gathering, classifying and analysing the obtained data and linking it to the PNPAHR, as well as to the PDP, other relevant governmental decisions and programs and the laws issued by the PLC.

This unit may be integrated within the proposed monitoring body, or alternatively, a competent local NGO could be assigned to carry out the described tasks and to present its findings to the main body.

The following matrix sums up the basic elements for the implementation and monitoring of the plan for each of the six sectors.

State Obligations	Evaluation	General Indicators	Data Source
Making available all necessary facilities for the effective participation of women in all types of political activities.	Assessment of current situation and relevant decisions	Number of women occupying political positions	Relevant ministries and institutions
Making available all necessary facilities for the effective participation of women in all types of economic activities.	Assessment of current situation and relevant decisions	Number of women involved in various economic activities	Relevant ministries and institutions
Making available all necessary facilities for the effective participation of women in all types of social activities.	Assessment of current situation and relevant decisions	Findings of a survey on the nature of women’s social activities	Survey findings, relevant ministries and institutions
Providing protection against physical harm and abusive treatment	Decisions and programs adopted by the Government	Number of cases of women subjected to bodily harm and abusive treatment	Relevant ministries, official institutions and NGOs
Budget Allocations: US$ 33,804,000	Actual expenditure:

[1] It is worth noting that President Yasser Arafat launched at the time of the 50^th anniversary of the Universal Declaration of Human Rights in 1998 a special campaign to collect signatures for a petition calling for respect for the provisions of the Universal Declaration of Human Rights. This move, in addition to article incorporated in the Declaration of Independence, augmented efforts for the development of a Palestinian National Plan of Action for Human Rights.

[2] The number of hospital beds amounted to 3,183 in 1998 with a deficit of 1,646. By the end of 2003 Palestine will need a total of 6,058 hospital beds.

[3] The percentage of vaccination of children against communicable and infectious diseases has reached 89%.

[4] Including 13 vocational training schools.

[5] Palestine Poverty Report 1998, issued by MOPIC, November 1998.

[6] Palestine Poverty Report 1998, issued by MOPIC, November 1998.

[7] 5,040,020 Palestinians live in the Diaspora.

State Obligations	Evaluation	General Indicators	Data Source
To make available:
Adequate housing for citizens	Programs and decisions adopted by the Government	Population and housing statistics	PCBS, Ministry of Housing
Adequate infrastructure	Situation Analysis	Situation analysis findings	Reports of related institutions
Clean residential environment	Adopted legislation	Number and content of legislation	PLC
Housing loans facilities	Citizens benefiting from credit facilities	Number of benefiting citizens	Records of credit institutions
Safe and secure housing	Assessment of individual and collective security at place of residence	Evaluation results	Other related institutions
Budget Allocation: US$ 55,125,000	Actual expenditure

State Obligations	Evaluation	General Indicators	Data Source
To make available:	Availability of:
Proper and affordable medical treatment	Medical treatment and medication	Medical centers and cost of medicine	Ministry of Health, survey
Community health education	Health education programs and materials	Number and quality of health education programs	Ministry of Health, specialized NGOs
Sexual and reproductive health services	Specialized programs and medical centers	Number of beneficiaries	Records of reproductive health centers
Health care and services for persons with special needs	Special programs and facilities	Number of centers and quality of performance	Ministry of Health, relevant institutions
Opportunities for union work and community participation	Effective unions of health workers	Number of unions, membership and decision-making methods	Union reports
Mother and child health care	Specialized programs and centers	Number of total beneficiaries	Questionnaire survey of MCH centers
Budget Allocation: US$ 292,501,000	Actual expenditure:

State Obligations	Evaluation	General Indicators	Data Source
To make available:
Free basic/primary education	Related decisions and current situation	Number of pupils receiving free basic education	PCBS, Ministry of Education
Secondary education opportunities	Related decisions and current situation	Number of secondary stage students	PCBS, Ministry of Education
Modern and contemporary levels of education	Assessment of current education situation and adopted policies	Evaluation results	Related institutions, Ministry of Education
Vocational training/professional education	Conditions of vocational training centers	Number of vocational training centers and enrolment	Ministry of Education, PCBS, General Union of the Palestinian Disabled
Facilities for persons with special needs	Analysis of current situation and related decisions	Analysis findings
Adequate educational services in private schools	Analysis of current situation and related decisions	Analysis findings	Questionnaire for schools and related institutions
Modern and contemporary curricula	Situation analysis and related decisions	Analysis findings	Survey of school curricula
Budget Allocation: US$ 430,446,000	Actual expenditure:

Providing comprehensive protection and care	Programs and decisions adopted by the Government	Findings of a special survey	Reports of relevant ministries and institutions
Providing free health care for children	Specialized programs and centers	Number of benefiting children	Ministry of Health, relevant institutions
Making available free and compulsory education for children	Assessment of current situation and relevant government decisions	Statistical data	Ministry of Education
Making available cultural and recreational facilities	Current situation analysis	Number of cultural and recreational facilities and quality of services	Specialized ministries and institutions
Adoption of special legislation concerning juvenile courts	Assessment of current situation	Results of survey on juvenile courts	Ministry of Social Affairs, Ministry of Justice, relevant institutions
Budget Allocations: US$ 7,421,000	Actual Expenditure:

Making available special schools for the disabled to service their special needs	Current situation analysis	Available data on number of special schools for the disabled	Ministry of Education, relevant institutions, General Union of the Palestinian Disabled
Providing health care and adequate treatment for persons with special needs	Special programs and centers	Number of centers and quality of their services, and number of beneficiaries	Ministry of Health, relevant institutions
Providing an adequate environment for movement	Assessment of current conditions and relevant decisions	Special survey findings	Specialized ministries and institutions
Providing opportunities for participation in decisions affecting them	Current situation analysis	Decision-making mechanisms	Relevant ministries and institutions
Providing equal opportunities in all spheres of life	Current situation analysis	Findings of a survey on available facilities enabling participation	Specialized ministries and institutions
Budget Allocations: US$ 2,112,000	Actual Expenditure:

Providing comprehensive and free health services	Programs and decisions adopted by the government	Findings of specially conducted surveys	Reports of the Ministry of Health, Ministry of Social Affairs and specialized institutions
Providing educational and cultural programs for the aged	Programs and decisions adopted by the Government	Statistical data on educational and cultural centers for the aged	PCBS, specialized institutions
Providing adequate standard of living for them and their families	Programs and decisions adopted by the Government	Findings of specialized surveys	Reports of relevant ministries and specialized institutions
Budget Allocations: US$1,162,000	Actual Expenditure:

Establishing social security systems	Government programs and decisions	Statistical data on unemployment	PCBS, Ministry of Labor
Providing basic services, particularly health and education	Assessment of current situation and government decisions	Findings of a special survey	Ministry of Health, Ministry of Education, specialized institutions
Total or partial removal of fees for basic services and subsidizing basic commodities	Government programs and decisions	Findings of a special survey	PLC
Making generally available retirement funds for workers in all sectors, ensuring employment opportunities, and protecting workers’ rights	Current situation analysis	Number of institutions providing retirement funds	Reports of specialized ministries and institutions
Granting appropriate attention to the most deprived villages and refugee camps in the West Bank and the Gaza Strip	Assessment of current situation and government decisions	Findings of a needs assessment study in the targeted villages and camps	Reports of the Ministry of Local Government, Department of Refugees’ Affairs and specialized institutions
Budget Allocations: NA	Actual Expenditure:

Ensuring effective use of natural resources	Legislative and regulatory needs	Rate of utilization, production and method of utilization	Reports and statistics of relevant ministries and departments
Ensuring effective use of water resources	Situation analysis and recommendations	Quantity and quality of water used for all purposes	Water Authority, Ministry of Environment, Ministry of Health, Ministry of Agriculture
Ensuring effective use of land	Current situation and programmatic analysis	Used areas and manner of utilization	Reports and statistics of relevant ministries and departments
Ensuring pollution free environment	Regulations, decisions and monitoring mechanisms	Pollution measurement criteria	Ministry of Environment
Adopting special regulations to protect the environment	Situation analysis in connection to regulations and decisions	Conducting comparative surveys	Ministry of Environment and relevant institutions
Promoting environmental awareness	Situation analysis and recommendations	Special questionnaire regarding environment	Ministry of Environment and relevant institutions
Ensuring cessation of Israeli violations	Adopted measures	Monitoring and documenting violations	Specialized centers
Budget Allocations: US$112,750,000	Actual Expenditure:

Abiding by the principle of the Rule of Law	Government measures and decisions	Registered cases of violations of the law	Ministerial reports, reports of human rights organizations
Abiding by the principle of separation of powers	Current situation analysis	Number of executive authority violations	Reports of organizations working in the field of democracy and human rights, the PLC.
Ensuring an independent and honest judiciary	Current situation analysis	Frequency of interventions in the work of the judiciary	Specialized and general reports, Ministry of Justice
Ensuring competent and experienced judges and public attorneys	Evaluation of judges and public prosecutors	Number and qualifications of appointed judges	Reports of specialized departments
Ensuring timely resolution of legal cases	Assessment of efficiency and speed in resolving legal cases	Number and duration of concluded cases	Ministry of Justice and human rights organizations
Ensuring prevention of recrimination prior to establishment of guilt	Current situation analysis	Number of persons imprisoned prior to establishment of guilt by law	Reports of human rights organizations
Ensuring liberty and security of person for the population	Current situation analysis	Number of violations of the right to liberty and security and number of prisoners of conscience	PLC, reports of human rights organizations
Budget Allocations: US$ NA	Actual Expenditure:

1.5 Challenges and Difficulties and Methods of Combating Them

Total Population

Ratio of women to men

Population Growth Rate

Average Lye span

Infant Mortality Rate

Percentage of Women in the Labor Force

6.9 Plan Implementation Mechanisms