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.