Rule of Law Development in the West Bank & Gaza Strip – UNSCO Survey

UNSCO Rule of Law Survey

UNITED NATIONS

OFFICE OF THE SPECIAL COORDINATOR IN THE OCCUPIED TERRITORIES

Rule of Law Development in the West Bank and Gaza Strip

Survey and State of the Development Effort

May 1999 

Without good governance – without the rule of law …

– no amount of funding, no short-term economic miracle

will set the developing world on the path to prosperity. Without

good governance, the foundations of society – both national and

international – are built on sand. (Original in French)

Kofi Annan
United Nations Secretary General

Foreword

During the past five years – and particularly during the past two years – the international effort to provide developmental support to the West Bank and Gaza Strip has increasingly focused attention on strengthening the Palestinian legal sector and justice system. Increased attention to this sector has come amidst a growing recognition on the part of the international community, as well as Palestinian legal institutions and civil society, of the importance that the rule of law plays in ensuring the sustainability of many other forms of developmental assistance.

Key to this effort are a number of areas which play a crucial role in rule of law development: there must be a constitution or basic law which incorporates internationally-recognized human rights, which empowers an independent judiciary, defines and limits the powers of government, and outlaws discrimination and protects minorities. A government based on the rule of law also demands the establishment and maintenance of a strong and fair electoral system, and the creation of a broad framework of laws and policies which protect human rights, fundamental freedoms and democracy. The judiciary must be strong, and a comprehensive regime must be developed for the training of lawyers, judges, prosecutors, police and prison officials.

To help secure the development of these crucial areas which are aimed at protecting basic human rights and fundamental freedoms, the United Nations has developed a framework for strengthening the rule of law. It is this framework which is helping to guide the development of Palestinian society and the young but progressing Palestinian legal system. The Palestinian Authority (PA) has firmly committed itself, through peace agreements and public statements, to building a society based on the rule of law.

The Palestinian Authority – through the Core Group on the Rule of Law – has created a strategic framework and development scheme aimed at strengthening each of these areas. My office was pleased to play a role in the development of this framework. Over the short span since the broad development effort began – and the much shorter span since concentrated focus on the rule of law domain began – the PA, donor countries, international agencies, non-governmental organizations, and other partners have come together to address some of the many needs in the rule of law sector.

This document – the Survey and State of Rule of Law Development in the West Bank and Gaza Strip – complements the development effort by tracking the progress of rule of law-related activities and projects of the many different partners involved. The document – the creation of which was the result of numerous consultations with representatives of donor governments, United Nations agencies and programs, non-governmental organizations, lawyers, judges, and other officials in institutions involved in development of the Palestinian legal system – also highlights the more pressing needs within the rule of law sector.

By providing this global picture, the Survey allows development partners to take advantage of expertise used in other projects, to avoid the creation of duplicative projects, and to more accurately target areas of greatest need within the sub-sector, all contributing to a greater level of coordinated effort.

We are grateful for the Government of Norway’s past and continued support to UNSCO’s work in the rule of law sector. We are equally thankful to donor governments, the PA, and non-governmental organizations, as well as the United Nations family of agencies and programs, for the information and cooperation they provided to make this Survey possible, and for their past and ongoing commitment to the development of the rule of law.

Chinmaya R. Gharekhan

United Nations

Special Coordinator in the

Occupied Territories

Rule of Law Development in the West Bank and Gaza Strip

State of the Development Effort

TABLE OF CONTENTS

Table of Documentary Sources

Key to Abbreviations 

ADR        Alternative Dispute Resolution

AILR/ALRI       Australian International Legal Resources / now Australian Legal Resources International

ARD         Associates in Rural Development, Inc.

AUSAID       Australian Agency for International Development

CIDA         Canadian International Development Agency

DANIDA       Danish International Development Agency

DFID         Department for International Development (UK)

ECTAO       European Commission Technical Assistance Office

EU         European Union

FAO         Food and Agriculture Organization of the United Nations

GBCGD       Global Bureau Centre for Governance and Democracy

ICJ         International Commission of Jurists

ILO         International Labor Organization

IPCRI         Israeli-Palestinian Centre for Research and Information

ISDLS         Institute for the Study and Development of Legal Systems

MOI         Ministry of Interior

MOJ        Ministry of Justice

MOPIC       Ministry of Planning and International Cooperation

NDI         National Democratic Institute

NGO        Non-Governmental Organization

NSPC         National Secretariat for the Palestinian Child

OHCHR       Office of the United Nations High Commissioner for Human Rights

PA         Palestinian Authority

PICCR         Palestinian Independent Commission for Citizens’ Rights

PLC         Palestinian Legislative Council

SDC         Swiss Agency for Development and Cooperation

SIDA         Swedish International Development Agency

TBD         To be determined

UK        United Kingdom

UN         United Nations

UNCTAD      United Nations Conference on Trade and Development

UNDCP       United Nations Drug Control Programme

UNDP         United Nations Development Programme

UNESCO       United Nations Educational, Scientific and Cultural Organization

UNICEF       United Nations Children’s Fund

UNIFEM       United Nations Development Fund for Women

UNRWA       United Nations Relief and Works Agency

UNSCO       United Nations Special Coordinator in the Occupied Territories

UNV         United Nations Volunteers

USAID         United States Agency for International Development

USIS         United States Information Service

VFTCHR       United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights

WIPO         World Intellectual Property Organization

WTO         World Trade Organization

A.  Executive Summary 

This document is the second in a series of surveys aimed at assessing progress in rule of law development in the West Bank and Gaza Strip, an area that has been the focus of steadily increasing attention of the international community. It has been released in the wake of the publication of the annual multi-year Palestinian Development Plan (1999-2003).

This document reports on the activities being carried out in support of the rule of law sector, presenting data available as of 28 February 1999. The data has been collected through a comprehensive survey of donors and United Nations agencies and programmes involved in the rule of law development effort. The results of the survey are set out in detail in Annex One. In addition, information was gathered through direct and numerous consultations with representatives of the Palestinian Authority and of Palestinian legal institutions, including representatives of the Ministry of Justice, members of the judiciary, prosecutors, lawyers, law enforcement officials, legislators and NGO representatives, among others. Some of the more pressing needs expressed by these representatives and officials are summarized in Annex Two.

The total amount of donor and agency funds thus far committed to the rule of law sector, including completed, ongoing and pending projects, is US$100,725,612. In all, some 322 activities are reported upon, more than doubling the 152 activities registered in the previous Survey in July 1997. Of these 322 activities, 141 are completed, 146 are ongoing and 35 are pending. (See Annex Three).

 Of the total committed support for the sector, 24.8% is in the form of technical assistance, 16.8% as financial assistance, 13.7% in training and education, and 5.6% is in the form of provision of equipment, furniture and materials. The remaining 39.1% is in the form of multiple types (or “ mixed” forms) of assistance. (See Annex Four)

  Twenty-four donors and thirteen United Nations agencies and programmes, along with numerous independent international and Palestinian NGOs, currently support the rule of law sector. Each of these development partners are working with the Executive branch, through, inter alia , the Ministries of Interior, Justice, Planning and International Cooperation and Local Government; with the Judiciary, through Palestinian judges at all levels and with court staff; with the Legislative branch, through the Palestinian Legislative Council; with the Palestinian Independent Commission for Citizens’ Rights; and with civil society, through the many Palestinian NGOs present in the West Bank and Gaza Strip.

  Support for the rule of law sector is broken down into fifteen key, but inter-dependent “development points”. These are: the Ministry of Justice; the judicial system; the prosecutorial system; professional legal practice and legal education; law enforcement; penal institutions; rule of law policy development; non-governmental organization capacity; independent national human rights institution capacity; legislative council capacity; law reform; forensic science capacity; the electoral system; conflict resolution capacity; and human rights and public information development. (See Annexes Five and Seven)

 Of the fifteen development areas, donors commitments to date have been allocated to the following: non-governmental organizations (16.7%); the Palestinian Legislative Council (15.0%); law enforcement (14.4%); the judiciary (14.0%); electoral system development (10.2%); human rights education and public information development (7.5%); and professional legal practice and legal education (5.1%).

Some assistance has also been provided to the sub-sectors on policy development (4.9%), law reform (4.4%), Ministry of Justice capacity development (2.2%); the Palestinian Independent Commission for Citizen’s Rights (1.7%); forensic science capacity development (1.5%); and conflict resolution mechanisms (1.4%). All other development areas received less than one percent of the overall committed assistance to the sector. The lowest level of support registered for any one development area was that committed to the sub-sector for prosecutorial development. (See Annex Six)

  Much of the support for the rule of law sector continues to address the many different challenges faced by the Palestinian legal system, including the challenges of: overcoming the decades of institutional neglect arising from Israeli occupation; rendering some consistency to outdated and often conflicting laws; providing comprehensive and standardized training (including human rights training) to law enforcement officials, legislative staff, members of judiciary, prosecutors and others in the legal profession; and creating a physical infrastructure for the legal system.

  To this end, the Palestinian Authority has responded positively, creating a Rule of Law Strategic Development Plan and seeking to identify and prioritize needs within each of the sub-sectors of the rule of law domain. The Palestinian Authority also has created a rule of law core group to focus specifically on the continuing needs in this sector, to develop and propose plans of actions to address these needs, and to monitor progress made.

  This survey is meant to complement those efforts, to provide a broad picture of the progress made, and to provide some degree of specificity of the ongoing needs within each of the sub-sectors of the rule of law domain.

  In terms of progress made, the Ministry of Justice has received support in the provision of much-needed technical and training assistance, as well as some material assistance. Much training in the field of human rights has been provided to law enforcement officials, and additional training is anticipated for members of the judiciary, as well as for prosecutors and other members of the legal profession.

Some national plans of action (e.g., for Children, for Human Rights) have either been initiated or are anticipated. NGOs, as well as the Palestinian Independent Commission for Citizen’s Rights, have received much-needed support from the international community.

The Palestinian Legislative Council has been the recipient of training for a number of its staff, has received equipment and other materials, and has been supported, among other areas, in the form of funding for the review of legislation and for educational visits of legislators to other countries. Extensive support also has been provided to the initial elections and to the law reform effort, in the compilation of old laws, and the drafting of new legislation, and this has been bolstered by the creation and ongoing development of a legal database. Some support has also reached the forensic science and conflict resolution domains of the rule of law sector.

Finally, 1998 saw the opening of the new Institute of Law at Birzeit University which will surely play a long-term role in educating legal professionals in the WBGS.

Despite these gains, the demand and needs in the rule of law domain still far outweigh the supply, and the sector needs a reinforced level of assistance. If Palestinians are to be governed through a system that secures and maintains the rights of all, and if other forms of economic and social assistance are to have sustainability, a higher degree of focus and support is needed on rule of law development.

In particular, the judiciary needs more support, in terms of physical infrastructure and training, as well as the ability to rely on a competent and fully functioning alternative dispute resolution system to reduce the number of court cases. The prosecutorial system presently has an under-resourced operational capacity in light of its heavy caseload, and is unable to rely on a fully operational forensic science capacity, which is key to evidentiary soundness, efficient prosecution, and ensuring a fair defense. Support for penal institution capacity, including rehabilitation-oriented programmes, remains almost non-existent.

The effectiveness of law enforcement will depend on continued technical, financial, infrastructural and organizational support. Such support will be central to ensuring that law enforcement officials carry out their roles effectively, pursuant to international standards of conduct, and with respect for human rights. Law reform and the legal database, although having made some progress, are areas on which the future of the Palestinian legal system will depend heavily, and a reinforced effort is needed here. The state of rule of law-related policies (e.g., national plans of action), and the equally important mechanisms to implement them, remain substantially under-developed.

Non-governmental organizations, and the Palestinian Independent Commission for Citizens’ Rights, both vital to expressing the needs and concerns of all Palestinians, will need continued support to address those needs, and to aid the Palestinian Authority in addressing those needs.

Finally, renewed support for the electoral system is needed to ensure the proper development of a democratic system.

While the international community has provided much support for this sector, the need remains great. Continued and reinforced support for the rule of law is key to the overall sustainability of the development effort.

B.  Introduction 

  It has now been over five years since the signing of the Declaration of Principles in September 1993. Since then, a substantial amount of support – some US$2.5 billion dollars – has been disbursed for economic and social development in the West Bank and Gaza Strip (WBGS). Although not initially the main focus of support, the rule of law domain has come to be recognized as a foundation of the development effort. Donors and implementing agencies have steadily placed greater emphasis on the importance of this domain in the development effort, ¹ as this sector is now widely seen as key to the sustainability of many other forms of assistance.

Much of the initial effort in this sector focused on needs assessments and reviews of the current state of affairs in the rule of law domain. ² The value of the efforts by the international community, in coordination with the Palestinian Authority, NGOs, ³ and legal professionals, in conducting the preliminary needs assessments, legal studies and analyses should not be understated. Such assessments have been crucial to identifying those areas within the rule of law domain which need support, and in charting the course for rule of law development in the WBGS. The process of needs assessments is, to a lesser degree, still ongoing, focusing on more specific areas. ⁴

In the last three years, the attention steadily moved into the implementation phase. Initial efforts in the implementation phase focused on strengthening electoral capacity, reinforcing the work of NGOs, establishing and supporting policy development and legal reform mechanisms, as well as supporting efforts in the field of human rights, among other areas. The support provided to these areas was badly needed and significant progress has been made.

A substantial amount of financial, technical and material support for NGOs – human rights and others – came from many different sources, and this has unquestionably strengthened the capacity of the NGOs concerned.

Of the support aimed at legal reform, much focus has been on the compilation of existing laws — from different origins — applicable in the WBGS. Additional support has been targeted at the creation of an operational capacity to develop new and comprehensive legislation. Training of the police and other officials in human rights standards commenced during this period, and is ongoing. Nonetheless, the areas which have received the bulk of support still remain in great need, and continued support to these areas will have a determining impact upon the long-term effectiveness of the rule of law in the WBGS.

Other areas, no less important, within the rule of law sector received either a relatively small amount of, or no, support during the initial five-year period. These include the judiciary, penal institutions, and professional legal practice, as well as the legal system’s physical infrastructure. ⁵ Support for these areas – in particular the judiciary — is critical for the long-term sustainability of the rule of law. Some of that much needed support for these latter areas is anticipated, as donors and implementing agencies continue to intensify their focus on rule of law development. ⁶ 

In this respect, the present Survey is designed to enhance the development effort by providing the international community and other rule of law partners with a broad, but concise, view of the state of rule of law development in the WBGS.⁷ The survey is not designed to be comprehensive. Rather, it highlights some of the work that has been completed, that which is ongoing, and that which is anticipated within each of the different development sub-areas of the rule of law domain.

The survey has also sought, through consultations with a number of relevant officials working within rule of law institutions, to identify specific areas (although not an exhaustive list) in which the international community may wish to focus future support within the sector, consistent with the Ministry of Justice’s Rule of Law Strategic Development Plan. ⁸ 

The rule of law domain is now recognized as a centerpiece for the development process. As that process has now fully entered the implementation phase, and as attention to and support for this domain continues to grow, it has become ever more crucial to coordinate this aspect of the development effort, to monitor the progress made, and to identify those areas which, as indicated by the key officials within each rule of law institution, need continued support.

C.   A Brief Legal History, and Principal Challenges Ahead 

Many of the partners involved in rule of law development have come to appreciate the significant challenges facing the Palestinian legal system, a unique and fractured system handicapped by, among other factors, decades of institutional neglect. The many studies and needs assessment missions conducted in the initial years of the development effort revealed the depth of the impact created by Israeli occupation upon the Palestinian legal system. This, coupled with the fact that many of the laws derive from a variety of different legal systems (British, Egyptian, Jordanian, Israeli, and even Ottoman), has produced a multi-layered system of often conflicting laws.

The confusing mass of laws inherited by the Palestinians was described in a study by Mr. Frederick Russillo: ⁹ 

The state of the law is an additional area of the overall legal system constituting a hurdle to its reconstruction. Several different philosophical and doctrinal traditions now coexist uneasily in the occupied Palestinian territories (OPTs), including [the] West Bank, Jericho and Gaza.

On the West Bank, the legal tradition is one of Jordanian law and British emergency decrees, interwoven with that of the occupying power (Israel) and its system of over 1,200 military orders as administered by the Office of the Military Governor. The autonomous areas, in contrast, presently functioning within the rubric of the Declaration of Principles (DOP), preserve the amalgam of differing coexisting legal traditions in both Jericho and the Gaza Strip, along with the extant military orders.

The source of law in Jericho, similar to that of the remainder of the West Bank, is Jordanian; that of the Gaza Strip is Egyptian in orientation, borrowing heavily from the Ottoman era [sic] and English common law. In all three areas, due to the stultifying impacts of the nearly 30-year occupation, the growth of the law stopped effectively in 1967, and remains frozen on all doctrinal and philosophical fronts as of that date.

In essence, the Palestinian Authority inherited a system which was decades old, and burdened with an incompatible mix of different legal systems. Compounding the problem were the decades of neglect of the aging physical infrastructure, lacking the most basic equipment. Further complicating matters were the lack of a standardized curriculum for legal and judicial training, and long-time territorial separation of those legal professionals in the West Bank from those in the Gaza Strip.

Set out in greater detail in Annex Nine is a chronology of the major phases, transitions and influences which led to today’s complex Palestinian legal framework. Among the more significant phases were the establishment, beginning in the early 16^th century, of Ottoman laws and the Ottoman legal system, the incorporation of a European-style legal system in the mid-19^th century, the implementation of British-based laws beginning in 1917, and the geographical fracturing of the legal system in 1948. This was followed, from 1948 to 1967, by the side-by-side development of two separate legal systems, one in the West Bank and one in the Gaza Strip, followed in 1967 by the Israeli occupation, during which military orders effected change to nearly every law and legal structure.

With the birth of the Oslo Accords in 1993, and the Interim Agreement in May 1994, the long and difficult effort to harmonize outdated and conflicting laws, and to create a single legal system based on the rule of law began. A number of major challenges stood – and still stand – in the path of that effort.

The judiciary remains hampered by a poor physical infrastructure, few means to convey its decisions to the legal community, and a lack of institutionalized training. The prosecutorial system, like the judiciary, remains understaffed. It also lacks some of the most basic materials and facilities to carry out its functions, including the ability to apply modern criminal law ¹⁰ and a developed and reliable forensic science capacity. Penal institutions also suffer from a poor physical infrastructure, lack basic materials and, as is the case for the police, lack comprehensive standardized training which incorporates international standards.

As long as the law reform effort must continue to work to harmonize old and develop new legislation, the legal profession will continue to rely on outdated laws. Finally, and perhaps most important, broad support is needed to ensure continued development of a culture of respect for human rights, not only within governmental institutions, but within public consciousness. These represent only some of the major substantive challenges ahead for the rule of law in the WBGS.

There are political challenges as well. These challenges, not a subject of discussion for the present survey, may dictate when, where and perhaps even how, the Palestinian legal system will be applied, and they only add to the complexity of the present phase. Thus, the current period represents a critical juncture in the long-term development of the legal system and rule of law in the WBGS.

Notwithstanding the many challenges facing the legal system, the last five years have seen significant progress as a result of the planning efforts of the Palestinian Authority, the interventions and support of the international community, and the dedication of many NGOs, legal professionals and other members of Palestinian society.

Many activities aimed at implementing the Palestinian Development Plan and the Ministry of Justice Rule of Law Strategic Development Plan have either been completed, are now ongoing, or are anticipated in the near future. Still, a significant amount of development in this sector remains to be done.

D.   Plans and Priorities of the Palestinian Authority 

The Palestinian Authority has made clear its plans to ensure the development and entrenchment of the rule of law, having emphasized these plans in repeated public statements, ¹¹ development plans, ¹² signed agreements with development partners ¹³ and in the peace accords themselves. ¹⁴ 

The Palestinian Development Plan (1999-2003) includes in its overall strategy the following:

The strategy also aims at laying the ground [work] for good governance based on democracy, accountability, transparency and human rights so as to build a Palestinian modern civil society run by efficient institutions based on the rule of law. ¹⁵

  Among the prominent plans to implement this strategy is the Ministry of Justice’s Rule of Law Strategic Development Plan, ¹⁶ which sets out the major priorities to be addressed in rule of law development. These include: unification of existing laws governing the West Bank and Gaza Strip, improvement of court buildings and facilities, unification of judicial systems and procedures, standardization of prosecution procedures and improvement of prosecution office buildings and facilities, development of a computerized legal and judicial database, and development of an independent forensic science capacity. ¹⁷

The Palestinian Authority Rule of Law Core Group has set out specific categories to ensure that the objectives of Rule of Law Strategic Development Plan are met. The Core Group is currently developing (or in some cases has already developed) proposals under each of development areas of the rule of law sector, to provide donors and implementing agencies with estimated costs, timelines and other relevant information on these areas of need, and to facilitate, through the Palestinian Development Plan (1999-2003), the funding and implementation of projects in the rule of law sector.¹⁸

  Thus far, plans of action which have arisen out the Ministry’s pursuit of its Rule of Law Strategic Development Plan include a national plan of action for human rights in cooperation with the Office of the High Commissioner for Human Rights and with funding from Norway, ¹⁹ and a national plan of action for children in cooperation with UNICEF, with funding from Sweden and Spain.

  In addition, the Ministry of Planning and International Cooperation (MOPIC) – with the funding and support of the Netherlands – has committed itself to the creation of a gender planning and development directorate within the ministry. The Palestinian Authority has also indicated its support for the development, in cooperation with the United Nations Drug Control Programme (UNDCP), of a national inter-ministerial approach to drug control.

Key officials within each of the institutions impacting on rule of law development have been consulted during this Survey, and each has emphasized the priorities for their respective areas.

Among the priorities most often repeated were the needs for improvement of the physical infrastructure of the legal system, support for the judiciary, training of staff throughout each institution, further development of an operational capacity within each legal institution, and continued support for law reform.

  Many officials, particularly within the Ministry of Justice, the judiciary and the prosecutorial system, continue to emphasize the importance of and need for building the physical infrastructure, particularly for the courts and for the office of the Attorney General. A number of NGOs, as well as the Palestinian Independent Commission for Citizens’ Rights, continue to express concern over the weakness of the judiciary. ²⁰ Support for this area of the rule of law is paramount among many officials and legal professionals. Throughout the many consultations undertaken during the survey, officials continually requested training and further development of the technical capacity of their staff.

Although many officials welcomed the positive developments in the area of law reform, namely the consolidation, with the support of the World Bank, of all previously applicable laws in the WBGS, they noted the strong need for expediting the drafting and passage of new laws which are comprehensive and which harmonize currently conflicting laws.

Finally, one area which has not received much focus is enhancing the relations among those institutions more heavily involved in the development of the rule of law. A number of officials expressed their desire to see international support for projects which support inter-ministerial and other coordination mechanisms.

These represent only some of the priorities mentioned by a number of officials within the rule of law institutions. More detailed needs are set out in the following discussion.

E.  The Development Areas of the Rule of Law Domain

  This Survey is organized around fifteen separate areas which make up the building blocks for effective rule of law development. ²¹ Their identification is the product of consultations with Palestinian Authority representatives, Palestinian legal professionals, donors and relevant agencies, and a review of the various needs assessments, project documents, studies and plans produced thus far. It should be noted that the development areas effectively mirror the rule of law components identified by the Secretary General of the United Nations in the Framework for the Rule of Law , annexed to his report on the subject to the forty-ninth session of the General Assembly. ²²

  The fifteen development points include: (1) Ministry of Justice Capacity Development; (2) Judicial System Development; (3) Prosecutorial System Development; (4) Legal Practice Development; (5) Law Enforcement Development; (6) Penal Institution Development; (7) National Human Rights / Rule of Law Policy Development; (8) Non-Governmental Organization Development; (9) Independent National Human Rights Institution Development; (10) Legislative Council Capacity Development; (11) Law Reform Development; (12) Forensic Science Capacity Development; (13) Electoral System Development; (14) Conflict Resolution Capacity Development; and (15) Human Rights and Public Information Development.

  While alternative frameworks, and various approaches to categorization could certainly be conceived, this particular formulation has the benefit of conciseness and relative comprehensiveness, and is divided moreso by activities or objectives, rather than by donors or ministries. As the rule of law sector cuts across various ministries, involves both official institutions and independent actors, and includes all three branches of government, as well as civil society, the present approach has been opted for as most appropriate. ²³ 

legal development process, continues to be overburdened and under-resourced. Consultations with Ministry officials, ²⁴ and a tour and inspection of the Ministry’s facilities, ²⁵ confirmed that filing, record-keeping, electronic data-processing, staff training may have improved slightly, but much more support is needed.

Law commissions have carried out some amount of work, finishing first drafts of legislation on civil procedure, criminal procedure, rental laws, and arbitration, but the work has been very slow, taking up to six to twelve months (and sometimes longer) to create the first draft of each piece of legislation. The remainder of the legislating process, up until passage and publication of the law, can often take up to another year or longer. This coupled with the fact that only a small number of pieces of legislation are becoming law every year, suggests that more support is needed to bolster the Ministry of Justice’s efforts to create and seek passage of key legislation. For progress on some specific pieces of legislation, see Annex Eight.

New commissions have commenced work on two other pieces of draft legislation related to the organization of courts, and the execution of court judgements. Due to lack of resources, primarily a shortage of experts at drafting legislation in Arabic, no other commissions are expected to be created in the near future. The speed of the commission process would likely be improved by (1) the provision of a permanent secretariat for the law commissions, and (2) the provision of additional legislative drafting experts to the Ministry of Justice.

  With the arrival in January 1999 of an additional estimated 230 books, the Ministry’s library now holds an estimated 1,000 legal publications, some in Arabic, some in English, and some touching on the nature of the Ministry’s work.

  The Ministry of Justice is the recipient of 2.2% of the total committed assistance for the sector. Exclusive of other related activities identified below, the survey has received reports of a total of eight activities targeted for the further development of the Ministry of Justice, totaling US$2,217,580. Of these activities, 50% are dedicated to technical assistance, 12.5% to training, with the remaining 37.5% in mixed form. ²⁶ Three of the activities are now reported as completed, with another four still ongoing, and one activity pending implementation.

  In 1998 and 1999 especially, emphasis has been on the further development of the legislative-drafting capacity of the Ministry. ²⁷ With assistance from the international community, notably Norway, USAID, Australia and the OHCHR, the capacity of the Ministry has improved. UNSCO also has provided technical advice and materials to the Ministry of Justice, to aid in the development of strategies and in identifying areas that may need the most urgent attention.

Despite this support, much more is needed, in particular in the following areas:²⁸

Detailed information on activities supporting this development area is found in Annex One, Table 1.

2.  The Judicial System , which must be capable of extending the protection of the law to all citizens, ³³ is among the most in need of support of all the fifteen development areas. The judicial system still is in great need of physical structures (building of new, and rehabilitation of old), ³⁴ has no central training institute, is insufficient in terms of library resources, and has no ongoing consistent capacity to compile and publish important court decisions to guide the development of Palestinian law. Equally significant is the underdeveloped court administration system. Technical staff, including court clerks and researchers, process servers and court managers are needed ³⁵ and, like members of the judiciary itself, are in need of expert training.

As of 27 January 1999, the judiciary comprised 65 judges, 30 in the Gaza Strip and 35 in the West Bank. ³⁶ Currently, 12 judges sit on the High Court, ³⁷ nine of whom are based in the Gaza Strip, ³⁸ with the remaining three in the West Bank. ³⁹ Another 21 judges preside over cases in the two district courts and six magistrate courts in the Gaza Strip, while 32 judges preside over similar cases in the West Bank. ⁴⁰ In the Gaza Strip, for example, more than 75,000 cases were processed in Magistrate (or trial level) courts in 1998 – an estimated 61,000 criminal cases and 14,000 civil cases. ⁴¹ Members of the judiciary regularly complain about the low number of judges in proportion to the number of cases. ⁴² 

The library of the High Court in Gaza, the largest of all of the judiciary’ ;s libraries, holds an estimated 1,000 publications that could be considered of use to the High Court. ⁴³ 

  The judicial system still needs support to establish a functioning Judicial Council, and also needs a Chief Justice for the High Court. Judicial salaries also remain a concern. ⁴⁴

  Consultations with Palestinian judges, including High Court Judges, and other officials reveal continuing concerns about the severe backlog of cases throughout the system, the lack of training of police and officials from other institutions in the primacy of the judiciary to interpret the law, and the absolute obligation to apply and enforce decisions of the courts. ⁴⁵ 

  Although the detailed strategy of the Palestinian Authority for the judicial system includes plans for the improvement of court buildings and facilities, ⁴⁶ and for the unification of judicial systems and procedures, ⁴⁷ these areas have not yet received the support they need. ⁴⁸ Of particular note, however, is the fact that legislation governing the judiciary has recently been passed by the Palestinian Legislative Council, and is expected to be signed into law soon. ⁴⁹ Additional concerns about the regulatory framework of the judiciary include the need to create a code of ethical standards, ⁵⁰ and to support legislation establishing the Judicial Council.

  There has been some degree of support for the judiciary from the international community, including the World Bank, USAID, Norway, UNDCP and the OHCHR. Indeed, some training of members of the judiciary was scheduled to commence in April or May 1999 at Birzeit University’s new Institute of Law.

  The judiciary is the recipient of 14.0% of the assistance committed for the sector.⁵¹ The Survey has recorded ten activities targeted to judicial development, for a total amount of US$14,110,839. By activity, 40.0% of the committed assistance is in the form of training, with the remaining 60.0% in mixed form. Of the activities reported, one is completed, three are ongoing, and six are pending.

  Among the more pressing needs to be addressed in this development area are:

Detailed survey information is provided in Annex One, Table 2.

justice, and is the public institution charged with combating impunity, continues to lack even the most basic material resources to carry out its function of bringing criminals to justice. Prosecutors and prosecutorial staff need training, proper facilities and equipment, and legal texts, ⁵³ as well as the support of other rule of law sub-sectors that remain underdeveloped – e.g., forensics capacity – to effectively prosecute cases on the basis of sound evidentiary principles. ⁵⁴ 

  As of January 1999, the Attorney General’s office employed 46 prosecutors, 26 based in the Gaza Strip and 20 in the West Bank. ⁵⁵ In 1997, the Attorney General’s office handled an estimated criminal 66,215 cases; in 1998, that number increased dramatically to 216,263. ⁵⁶ The office also defended 115 cases against government entities in 1997, and 148 such cases in 1998. ⁵⁷ The offices of the Attorney General (including nine separate offices in the Gaza Strip alone) are small and inadequate to support the number of staff needed to deal with the extensive caseload. ⁵⁸ No support has yet been registered for improving the physical infrastructure of these offices.

The acting Attorney General has stated that the work can be effectively carried out with the addition of 20 trained prosecutors each in both the Gaza Strip and the West Bank. ⁵⁹

With the exception of several books dating back to the British Mandate era, there is no legal library in the Attorney General’s offices. ⁶⁰ The Palestinian Authority, through the Ministry of Justice, has established a plan for the standardization of prosecutorial procedures and the improvement of prosecution buildings and facilities, ⁶¹ although funding for its full implementation has not yet been secured. Only recently has some support for the prosecutorial system been made available, including support from Germany (through the Konrad Adenauer Foundation), Norway, the OHCHR, UNDCP and Birzeit University Institute of Law.

Having been, in the previous Survey, the only development area which had not yet received support, the prosecutorial system is now registered as receiving some assistance.

However, in terms of support, this sub-sector still ranks last in the rule of law domain. According to the survey, the prosecutorial system is the recipient of less than one percent (0.03%) of the assistance committed to the sector, with three activities recorded, for a total amount of US$28,125. Two-thirds of these activities are aimed at prosecutor training, while the remaining one-third include training and other forms of support (mixed). As for the status of these activities, one is ongoing, and two are pending.

  Among the most pressing needs in this area of the sector are:

Detailed information on activities supporting this development area is found in Annex One, Table 3. 

rights and freedoms of criminal defendants and civil litigants, continues to be lacking in many resources, including law libraries and legal education facilities, a unified and adequately resourced bar association, public legal aid systems for the indigent, and professional standards and rules for accreditation, continuing legal education and ethical conduct. ⁶² Continued support is also needed for development of the legal database at Birzeit University Institute of Law.

As long as law reform continues (See Section 11, infra ), Palestinian lawyers must continue to endure the unique challenges associated with working under a system of outdated and sometimes contradictory laws originating from a variety of different sources. They also must carry out their work in the context of a non-organized bar association, ⁶³ with few opportunities for continuing legal education, ⁶⁴ with a lack of clear professional standards, ⁶⁵ and little access to legal information.

  Support for the development of access to legal information, including a legal database, is critical for all working in the legal system. ⁶⁶ The legal database at Birzeit University Institute of Law, which represents a significant part of the core informational resource for rule of law institutions, has made some progress since the previous Survey. It now includes nearly all currently applicable legislation in the WBGS. However, the database

still lacks commentary on that legislation – commentary which is necessary for legislative researchers to understand why provisions of previous legislation were incorporated or withdrawn from that legislation, and to advise legislators on the value of such provisions.

Support is also needed to ensure that the database will incorporate some case law,⁶⁷ which is necessary for members of the legal profession to understand the judiciary’s interpretations of legislation and other regulations. Members of the legal profession also need access to related legal documents – including international treaties and agreements, comparative law and Palestinian legal texts. These texts could be incorporated into the database, or access could be provided to such documents through the Internet — e.g., at law libraries in both the Gaza Strip and West Bank.

Through the generous support of donors, in particular the World Bank, the database is becoming a valuable resource for the entire legal community. With additional concentrated support to this sub-sector, it may soon become one of the most important tools in rule of law development for the West Bank and Gaza Strip.

  In the field of legal education, there has been some notable progress. In 1998, the new Institute of Law at Birzeit University, with the generous support of both France and Qatar, was completed and inaugurated. Aside from carrying out basic legal education, the new Institute is expected to be the site of planned continuing education training for judges, prosecutors and others in the legal profession. ⁶⁸

  Legal practice development accounts for 5.1% of the committed assistance to the sector. With 31 activities recorded by the survey, the total amount reported as committed to this sub-sector has reached US$5,152,528. By activity, 35.5% is in the form of technical support, 35.5% is in mixed form, 16.1% is in the form of financial assistance, and the remaining 12.9% is in the form of training and education. With regard to the status of these activities, eleven are reported as completed, with seventeen ongoing and three pending implementation.

  Additional support for this sub-sector has come from a number of other donors and implementing agencies, including the UK, Australia, France, Germany, the European Union, the World Bank, the Ford Foundation, Australian Legal Resources International, and Birzeit University’s Institute of Law, among others.

  While these very significant contributions to the sub-sector have been welcomed by those in the legal profession, a great number of needs remain outstanding, including in particular:

Detailed survey information for this development point is to be found in Annex One, Table 4. 

direct contact with the public on a daily basis, and therefore among the most influential in demonstrating to the public that the rule of law is being upheld and the public being protected, continue to be hindered by the lack of a national training institution with a systematized curriculum which incorporates human rights and other international standards for the conduct of law enforcement officials. ⁷¹ 

The many different law enforcement agencies also lack standing orders and other internal procedures derived from international human rights standards and other standards of conduct, and a clear legal framework for their consolidation, organization and activities. Proper continuing education or specialized training also continues to be needed, and has been requested by Palestinian representatives of the various branches of law enforcement through the Police Aid Coordination Committee. ⁷² 

  Looking only at rule of law assistance, the police agencies are the recipients of 14.4% of the total committed assistance to the sector, representing some US$14,552,898. A total of 15 activities were reported. Of the activities reported, the majority, or 66.7%, is devoted to training. Another 6.7% is in the form of technical support, while the remaining 26.6% is in mixed form. Among these activities, six are reported as completed, four as ongoing, and five as pending.

  International support has been provided to this sub-sector, notably from Norway, Sweden, Germany, the EU, OHCHR, and UNICEF. UNSCO has provided support through the Danish Police Training Programme, and through the provision of relevant international standards or principles relating to law enforcement and the legal system. ⁷³

  Much of the support provided has been in the form of training programmes, particularly in the field of human rights. Additional training, beyond the field of human rights, has also been provided, however. Yet, even in the field of training, much more support (in addition to human rights training) is needed, including the following areas: ⁷⁴ 

Among the most pressing needs for this sub-sector are:

  With regard to detailed activities being carried out in this sub-sector, see Annex One, Table 5. 

members, and represent perhaps the most critical step in criminal rehabilitation, remain one of the more under-developed sub-sectors of the rule of law domain. Prison facilities continue to lack the most basic necessities, including adequate space for detainees, blankets, kitchen facilities, medical facilities, skills workshops, and developed reform programmes. ⁷⁵ 

  Further, no comprehensive legal framework which allows for alternatives to incarceration (e.g., probation, suspended sentences, restitution to victims, community service) is yet in place. ⁷⁶ 

  The Director General of Prisons has reiterated his appeal for international support for improvement of prison facilities in the West Bank and Gaza Strip, for specialized training of the personnel who staff the prison system, and for basic material needs. ⁷⁷ Some support is anticipated for this sub-sector, with human rights training programmes organized by OHCHR and funded by Norway, scheduled to commence in 1999. No support has been registered in the Survey for construction or rehabilitation of prison facilities.

  To date, penal institutions are the recipient of less than one percent (0.5%) of the assistance committed to the sector, with this percentage representing a total amount of US$478,800. Within the sub-sector, five activities were reported, 60% of them dedicated to training and education, 20% to technical assistance, and the remaining 20% as mixed forms of support. All of the activities were reported as pending implementation. Thus, according to the information received in the drafting of the Survey, no support has been made available for the improvement of prison conditions, or the development of alternatives to incarceration.

 Among the most pressing needs for penal institutions are:

Further information on the activities being carried out in the penal institution sub-sector is found in Annex One, Table 6.

7.   National Policy Development Mechanisms for the Rule of Law and Human Rights, which act as the guides for the proper development of the rule of law, continue to lack the resources (financial, technical and material) to properly implement national strategies and policies. Although some progress has been made in the development of national plans and policies to address the needs of vulnerable groups, additional support is needed to ensure the effectiveness of the mechanisms which implement these plans.⁷⁸

  On 10 December 1998, the 50^th Anniversary of the Universal Declaration of Human Rights, a representative of the Palestinian Authority announced plans to launch, with the support of OHCHR and the Government of Norway, a National Plan of Action for Human Rights . Prior to this, Australia and ALRI had contributed to the creation of the Ministry of Justice’s Rule of Law Strategic Development Plan , and UNSCO has provided technical advice to the Ministries of Justice and Interior, as well as the Palestinian Legislative Council, for purposes of ensuring proper implementation of this plan.

UNICEF has worked with the Palestinian Authority to develop a National Plan of Action for Children , with funding from Sweden and Spain, to protect the rights of children. The Netherlands is supporting the Ministry of Planning and International Cooperation (MOPIC) to develop a gender planning and development directorate within that Ministry. Further, UNDCP is providing support to the Palestinian Legislative Council, and to the Ministries of Justice, Health and Interior, as well as to the Palestinian Police Forces for the development and implementation of a National Plan of Action on Drug Control . Finally, the OHCHR has provided support to the Presidential Advisor on Human Rights to further strengthen national policy developing institutions in human rights, and USAID has assisted MOPIC in the creation of a quality assurance unit for review of all proposed policies and legislation.

  Many of these national policies involve a number of different institutions, and their implementation requires multi-institutional coordination. Yet, very little support has been aimed at developing coordination mechanisms to implement national strategies.

  The National Policy Development Mechanisms sub-sector has been the recipient of 4.9% percent of the assistance funds dedicated to the rule of law sector, for a total of US$4,932,500. Of the 18 activities registered as supporting this sub-sector, 33.3% is in the form of technical assistance, 11.1% in the form of training and education, 5.6% as financial support, and 5.6% in the form of provision of equipment and materials. The remaining 44.4% was registered as mixed forms of support. Of the 18 activities, eleven are registered as completed and seven as ongoing. No activities were reported as pending implementation.

  The most pressing needs in this sub-sector include:

For further information on activities within this sub-sector, see Annex One, Table 7. 

heart of democratic discourse, have won international acclaim for their efforts in carrying out work under occupation, and continue to demonstrate their individual and collective expertise in implementing numerous projects throughout the WBGS.

Nevertheless, Palestinian NGOs have an immense ongoing need for additional financial resources, and have been largely dependent on membership and international community support to address this need. ⁷⁹ Further, there remains serious concern among NGOs and other non-official organizations over an under-utilization of NGO expertise and resources by institutions in the public sector. ⁸⁰ 

The international community has recognized the need for support to this sub-sector and has focused much of its effort in the rule of law domain on the strengthening of these organizations, with broad support coming from the EU, Norway, the Netherlands, Sweden, Switzerland, Denmark, Canada, the UK, Australia, Germany, USAID, the British Council,

OHCHR and UNDP, among others. UNSCO also has an NGO Unit, which focuses specifically on channeling support to NGOs and on providing the international community with centralized information on the work being carried out by NGOs operating in the West Bank and Gaza Strip. ⁸¹ 

NGO development has absorbed a full 16.7% of the assistance to the rule of law sector, for a total of US$16,864,421 in committed assistance. Of the support registered, 24.8% was in the form of financial assistance, 11.8% as provision of equipment and materials, 5.4% as training and education, 3.2% as technical support, and the remaining 54.8% in multiple forms of assistance. Of the 93 activities registered in the Survey, 35 are completed, 49 are ongoing and 9 are pending.

Members of the NGO community have welcomed the generous support to this sub-sector and continue to express their appreciation, but more support is needed, particularly in the following areas:

Further details on the support for this sub-sector are found in Annex One, Table 8. 

consistent with the “Paris Principles” ⁸³ as a permanent and independent national body for the promotion and protection of human rights, has considerable expertise and experience, but lacks the resources necessary to effectively carry out its many human rights-related roles, which include: covering cases and human rights violation grievances, public awareness campaigns, advice on legal reform, participating in the training of security personnel, conducting training for human rights workers, organizing conferences on human rights issues, and producing an Annual Report as well as specific legal reports. ⁸⁴ 

  The PICCR is almost entirely dependent on external funding. ⁸⁵ To carry out its many tasks, it must appeal for support to the international community. International support for the PICCR has indeed increased since the last Survey, including support from Norway, Sweden, Denmark, the Netherlands, Germany, France, the UK, the EU, UNIFEM and the British Council. Collective support to this sub-sector now represents 1.7% of the overall total assistance committed to the rule of law sector, equaling US$1,713,993. A large majority, or 78.9%, of that support is in the form of financial assistance, while another 15.8% was registered in mixed or multiple forms of assistance, and the remaining 5.3% in the form of provision of equipment and materials. Of the 19 activities registered as taking place in this sub-sector, four are registered as completed and fifteen as ongoing. No activities were registered as pending.

  In light of the extensive role PICCR plays in rule of law development, PICCR has developed a strategy for the years 1999-2000, and has estimated its anticipated costs for the year 1999 to be approximately US$1,057,000, and for the year 2000 at approximately US$1,163,000. ⁸⁶ At least for the near future, PICCR will remain almost wholly dependent on international support. Some funding has been secured to cover these costs, but more is needed for each of the areas of work carried out by the PICCR, but particularly for the following areas:

For more information on the activities being carried out in this sub-sector, see Annex One, Table 9. 

and acts as the central institution for the development of laws, continues to lack basic resources needed to effectively exercise its legislating function. The Council’s library in Gaza is comprised of approximately 100 books and/or periodicals, and legislative drafting researchers have little or no access⁸⁸ to the information they need for the most basic legislative drafting research. ⁸⁹ Permanent resources are still lacking to translate foreign legislation or related documents into Arabic for review by the Council. ⁹⁰ 

  In addition, the Chair of the Legal Committee has stressed the continuing need for support in the number of staff, ⁹¹ for staff training, provision of basic computer and other office-related equipment, and the need to develop a more comprehensive means of conveying the status of work of the Legislative Council to the Palestinian public. ⁹² 

  According to the activities registered by the Survey, much progress has been made in terms of support to the Legislative Council, particularly in the area of developing a regulatory and procedural framework for the conduct of its work. Support has been received or is anticipated from the EU, Australia, USAID, France, the UK (DFID), Norway and the ILO.

  In all, the Palestinian Legislative Council has been the recipient of a large percentage (15.0%) of the overall committed assistance to the rule of law sector, representing US$15,083,692. Among the activities registered in the survey, 30.0% is in the form of technical assistance, with another 10.0% representing training and education, 10.0% as provision of equipment and materials, 5.0% as financial assistance, and the remaining 45.0% reported as mixed or multiple forms of assistance. Of the 20 activities registered, ten are reported as completed, with six ongoing, and two pending.

  Some of the more pressing needs in this sub-sector include:

Further detail on the activities being carried out in this sub-sector is found in Annex One, Table 10. 

law, lacks support for coordination among the many actors involved. These include the Legislative Council, the Diwan Al Fatwah Wal Taschri’ of the Ministry of Justice, the Legal Office of the Ministry of Planning and International Cooperation, Birzeit University Institute of Law, the PICCR, and a number of NGOs, as well as the law commissions. Furthermore, a permanent and adequately resourced secretariat for law reform, to ensure coordinated development of that legal framework, still has not been effectively established. ⁹³

  Support to this sub-sector has been provided by (or is anticipated from) a number of donors and agencies, including Norway, Japan, the EU, Switzerland, USAID, the UK, Canada, France, Italy, the World Bank, UNDCP, the OHCHR, UNDP and UNICEF, among others. Although much support has bolstered specific institutions involved in the law reform process, much more support is needed in the effort to encourage these institutions to work on a coordinated basis, to ensure a systematized, unified and efficient approach to law reform and rule of law development.

A significant amount of additional support in the law reform development sub-sector has been registered since the last Survey survey. The sub-sector is the recipient of 4.4% of the overall support for the rule of law sector, for a total of US$4,437,795. Much of that support (58.1%) has been focused on the provision of technical assistance, another 12.9% on training and education, 3.2% on financial assistance, and the remaining 25.8% reported as mixed forms of assistance. Of the 31 activities registered in the Survey, 13 were reported as completed, 17 as ongoing and one pending.

The Palestinian Authority, through the Ministry of Justice, has established a plan for the unification and harmonization of laws, ⁹⁴ and much of the work related to this plan is being addressed by efforts of the international community. ⁹⁵ This aspect of rule of law development is still in need of further support.

The Head of the Diwan Al Fatwah Wal Taschri’ in the Ministry of Justice, the Chairman of the Legal Committee of the Palestinian Legislative Council, and a number of other officials involved in rule of law development have appealed for increased support to the law reform process.⁹⁶ An inherent and fundamental part of this law reform effort includes the law commissions, and an enhanced coordination structure among the institutions involved in law reform.

Accordingly, the most pressing needs for support in this sub-sector of the rule of law development include:

Further information on the activities being carried out in this sub-sector are found in Annex One, Table 11.

12.   A Forensic Science Capacity , which is crucial to evidentiary soundness, efficient prosecution, and ensuring a fair defense, remains under-developed in both the West Bank and the Gaza Strip.

Facilities to house part of this forensic science capacity (mostly for analysis of drugs and explosives) have been constructed on the premises of the Palestinian Police Forces Headquarters in Gaza, but these facilities have not yet been equipped. Some police personnel have undergone training in drug identification and other forensic work but, for lack of essential equipment, have been dispersed to take up other duties. ⁹⁸ Forensic pathology and other forms of forensic medicine training and equipment also are needed. ⁹⁹

  The Palestinian Authority has developed a list of specific areas that should be addressed to ensure the proper development of a solid forensic science capacity, ¹⁰⁰ but few activities which impact upon these areas have been registered.

  This sub-sector is the recipient of US$1,500,000 in assistance, representing 1.5% of the overall committed assistance to the rule of law sector. Of registered activities, 50% are in the form of technical support, with the remaining 50% in the form of provision of equipment and materials. Among the four activities registered, three were reported as ongoing, and one as pending. No activities were reported as yet completed.

  Among the most pressing needs in this sub-sector include:

For further information on the activities being carried out under this sub-sector, see Annex One, Table 12.

13.   Electoral System Development , which is the backbone of a democratic system based on the will of the people, remains in need of permanent and sustainable financial and technical support. In the 18 months since the previous Survey, only one additional activity has been registered for this sub-sector.

  Notwithstanding the slowing of support, this sub-sector has received a very large amount of assistance, with generous support from the EU, USAID, Japan, Canada, Denmark, Spain, UNDP and others. This sub-sector, formerly the recipient of the largest percentage of support, is now the recipient of a total of US$10,235,309, representing 10.2% of the overall support for the sector. Of this support, 30.8% was in the form of technical advice, 7.7% in the form of training and education, and the remaining 61.5% in multiple forms of assistance. Of the 13 activities registered in the survey, 11 were recorded as completed, with two ongoing and none pending.

Some of the more basic needs in this sub-sector include, but are not limited to, the following:

  For further information on the activities supporting this sub-sector, see Annex One, Table 13.

14.  Conflict Resolution Capacity Development , which is a method of resolving disputes outside the normal channels of the legal system, and can be a valuable resource for reducing the heavy workload of the court system, remains under-supported. No comprehensive legislation has yet been passed to address mediation, arbitration, ¹⁰² or other forms of alternative dispute resolution. ¹⁰³ 

  Further training and education among lawyers and judges is needed, as well as support to enhance the development of standardized alternative dispute resolution procedures. Support is also needed to provide incentives to litigants to refer their case to alternative dispute resolution. Incorporating these procedures and options into court administration development and training, to ensure that appropriate court personnel are aware of this option and can make it known to litigants, is also needed. ¹⁰⁴ 

  Some support for this sub-sector has been registered from the World Bank, Italy and the ILO, among others. Indeed, in January 1999, the Ministry of Justice signed a contract with the non-governmental organization Search for Common Ground to carry out much needed project assistance in this sub-sector.

  This sub-sector is the recipient of US$1,396,142 in support, representing only 1.4% percent of the overall support for the rule of law sector. Of this amount, 50.0% is in the form of technical support, 25.0% in training and education, and the remaining 25.0% is in multiple forms of assistance. Of the 12 activities registered in this sub-sector, three are completed and nine are ongoing.

The continuing needs in this sub-sector include:

For a listing of activities registered as supporting the Conflict Resolution Capacity Development sub-sector, see Annex One, Table 14.

15.   Human Rights Education and Public Information Development , represents a key component in the development of a society respectful of the inalienable rights of every individual, and is in need of the support of the international community, particularly in the form of public information campaigns on human rights, incorporation of human rights education and other public information into classroom curricula, and support for NGOs and other civil society efforts who carry out this work.

  To date, this sub-sector has grown with the generous support of the EU, USAID, Canada, Australia and others. This sub-sector is the recipient of US$7,551,530 in support, representing 7.5% percent of the overall support for the sector. Of the 23 activities registered, 34.8% is in the form of financial assistance, 13.0% as training and education, 4.3% as technical support, 4.3% in the form of provision of equipment and materials, and the remaining 43.5% registered as multiple forms of assistance. Of the activities registered, 18 are completed and 5 are ongoing, while no activities were registered as pending.

  Some of the more pressing needs in this sub-sector include:

For further detail on the activities being carried out in this sub-sector, see Annex One, Table 15. ¹⁰⁵

E.  Conclusions 

  Rule of law development in the WBGS has made progress over the past five years, and has been the recipient of generous support from the international community. The Ministry of Justice has received support in the provision of much-needed technical and training assistance, as well as some material assistance. Much training in the field of human rights has been provided to law enforcement officials, and additional training is anticipated for members of the judiciary, as well as for prosecutors and other members of the legal profession.

Some national plans of action (e.g., for Children, for Human Rights) have either been initiated or are anticipated. NGOs, as well as the Palestinian Independent Commission for Citizen’s Rights, have received much-needed support from the international community.

The Palestinian Legislative Council has been the recipient of training for a number of its staff, has received equipment and other materials, and has been supported, among other areas, in the form of funding for the review of legislation and for educational visits of legislators to other countries. Extensive support also has been provided to the initial elections and to the law reform effort, in the compilation of old laws, and the drafting of new legislation, and this has been bolstered by the creation and ongoing development of a legal database. Some support has also reached the forensic science and conflict resolution domains of the rule of law sector.

Finally, 1998 saw the opening of the new Institute of Law at Birzeit University which will surely play a long-term role in educating legal professionals in the WBGS.

Despite these gains, the demand and needs in the rule of law domain still far outweighs the supply, and the sector needs a reinforced level of assistance. If Palestinians are to be governed through a system that secures and maintains the rights of all, and if other forms of economic and social assistance are to have sustainability, a higher degree of focus and support is needed on rule of law development.

In particular, the judiciary needs more support, in terms of physical infrastructure and training, as well as the ability to rely on a competent and fully functioning alternative dispute resolution system to reduce the number of court cases. The prosecutorial system presently has an under-resourced operational capacity in light of its heavy caseload, and is unable to rely on a fully operational forensic science capacity, which is key to evidentiary soundness, efficient prosecution, and ensuring a fair defense. Support for penal institution capacity, including rehabilitation-oriented programmes, remains almost non-existent.

The effectiveness of law enforcement will depend on continued technical, financial, infrastructural and organizational support. Such support will be central to ensuring that law enforcement officials carry out their roles effectively, pursuant to international standards of conduct, and with respect for human rights. Law reform and the legal database, although having made some progress, are areas on which the future of the Palestinian legal system will depend heavily, and a reinforced effort is needed here. The state of rule of law-related policies (e.g., national plans of action), and the equally important mechanisms to implement them, remain substantially under-developed.

Non-governmental organizations, and the Palestinian Independent Commission for Citizens’ Rights, both vital to expressing the needs and concerns of all Palestinians, will need continued support to address those needs, as well as aid the Palestinian Authority in addressing those needs.

Finally, renewed support for the electoral system is needed to ensure the proper development of a democratic system.

Above all else, major progress has been made in the rule of law domain in that the international community has shown an increasing level of attention to a sector which is now widely seen as playing a key role in ensuring the sustainability of other forms of development assistance. Additional support is needed, however. In this light, this Survey, aside from providing information which not only conveys the specific areas in which progress has been made, is designed to provide further detail on the areas which remain a concern. Reinforced support to these areas will help ensure the comprehensive development of a system based solidly on the rule of law.

ANNEX ONE 

Rule of Law Sector Support Table ¹⁰⁶ 

ANNEX TWO

Summary Table of Most Pressing Needs within

Each of the Development Sub-Sectors of the Rule of Law 

Note: The following list is not meant to be inclusive of all needs, but merely representative of some of the more pressing needs as expressed by relevant officials and / or by observation through visits to the relevant rule of law institutions. For more information on needs within each of these development areas, please consult the summary discussions of these categories above. 

Sub-sector One: Ministry of Justice Development 

Sub-Sector Two: Judicial System Development 

Sub-Sector Three: Prosecutorial System Development 

Sub-Sector Four: Professional Legal Practice and Legal Education Development

Sub-Sector Five: Law Enforcement Agency Development 

Sub-Sector Six: Penal Institution Development 

Sub-Sector Seven: National Policy Development Mechanisms 

Sub-Sector Eight: Non-Governmental Organization Development 

Sub-Sector Nine: Development of the Palestinian Independent Commission for Citizen’s Rights 

Sub-Sector Ten: Legislative Council Development 

Sub-Sector Eleven: Law Reform Development 

Sub-Sector Twelve: Forensic Science Capacity Development 

Sub-Sector Thirteen: Electoral System Development 

Sub-Sector Fourteen: Conflict Resolution Capacity Development 

Sub-Sector Fifteen: Human Rights Education and Public Information Development

ANNEX SEVEN

  Overall Development Scheme for the Rule of Law Sector

 1999-2003

  The Fifteen Development Points

1.   Strengthening of the Capacity of the Ministry of Justice:

1.1   establishment of an inter-ministerial legal committee to support the MOJ in legal reform activities, analysis, and policy making;

1.2   provision of training and fellowships to key MOJ personnel in legislative drafting and analysis and international standards for the administration of justice;

1.3   completion of the computerization of MOJ offices;

1.4   supplementing of MOJ law libraries.

2.   Strengthening of the Capacity of the Judiciary:

2.1   development and institutionalization of a national judicial administration curriculum and training programme;

2.2   strengthening of court budget management, statistics and case administration;

2.3   adoption of new code of judicial procedure and regulatory framework for court administration;

2.4   establishment of new publications and compilations of court decisions, and their dissemination, and supplementing of judicial law libraries;

2.5   construction and provision of equipment for two new court buildings (Gaza and Ramallah);

2.6   renovation and provision of equipment for existing court buildings.

3.   Strengthening of the Capacity of the Prosecutorial System:

3.1   development and institutionalization of a national prosecutorial training programme;

3.2   adoption of new prosecutorial procedures, guidelines and administrative systems ;

3.3   completion of computerization of prosecution offices;

3.4   supplementing of prosecutorial law libraries;

3.5   renovation and conversion of offices of the Attorney General.

4.   Strengthening of the Capacity of Legal Practice / Legal Education and Access to Legal Information:

4.1   development and dissemination of professional standards for law practice;

4.2   strengthening of the institutional capacity of Palestinian bar associations;

4.3   supplementing and improvement of existing legal education programmes and continuing professional training programmes;

4.4 expansion of legal aid programmes for the indigent;

4.5   completion of the Birzeit legal data base project;

4.6   preparation of a judicial data base;

4.7   provide equipment and materials for data base access by legal professionals in the executive, legislative, and judicial branches and in civil society;

4.8   establish permanent facilities for data base maintenance and access.

5.   Strengthening of the Capacity of Law Enforcement:

5.1   preparation and adoption of new criminal procedure law and regulations;

5.2   preparation and adoption human rights guidelines for police and strengthening of citizen complaints mechanisms;

5.3   preparation and adoption of national human rights curriculum for police;

5.4   consolidation and institutionalization of human rights training capacity for the police.

6.   Strengthening of the Capacity of Penal Institutions:

6.1   preparation and adoption of new law on prisons and prison regulations;

6.2   preparation and adoption of human rights guidelines for prison officials;

6.3   preparation and adoption of a national curriculum for prison officials, and institutionalization of training capacity for prison officials;

6.4   development of the system of non-custodial measures;

 6.5   renovation and provision of equipment for prisons.

7.   Strengthening of the Capacity of Policy Making Institutions:

7.1   development and implementation of a national plan of action for human rights and the rule of law;

7.2   establishment of a legal and policy review unit in MOPIC, for the incorporation of international standards into domestic law and policy;

7.3   supplementing of the electronic and hard-copy legal resources of MOPIC;

7.4   strengthening of the technical capacity of MOPIC in the areas of negotiations and international agreements.

8.   Strengthening of the Capacity of NGOs:

8.1   enhancement of the institutional and organizational skills and capacities of non-governmental Palestinian human rights and legal organizations;

8.2   provision of financial support for the activities of non-governmental Palestinian human rights and legal organizations;

8.3   strengthening of coordination between Palestinian NGOs;

8.4   facilitation of Palestinian NGO input into and support for the development and reform of the Palestinian legal system.

9.   Strengthening of the Capacity of Independent National Human Rights Institutions

9.1   consolidation of the institutional and organizational capacity of the Palestinian Independent Commission for Citizen Rights (PICCR);

9.2   expansion of the outreach services and accessibility of the PICCR;

9.3   support for the educational, advocacy, monitoring, and legal development activities of the PICCR;

9.4   facilitation of PICCR input into the development and reform of the Palestinian legal system.

10.  Strengthening of the Capacity of the Legislative Council

10.1   supplementing of the library of the PLC in the legal, social, economic, political and technical fields in which it legislates;

10.2   expansion and renovation of PLC buildings and facilities, and completion of their furnishing and equipment;

10.3   supplementing of the technical and legal staff of the PLC;

10.4   strengthening of the community and constituency relations capacity of the PLC.

11.   Strengthening of Law Reform Capacity

11.1   establishment of subject-based law commissions and their secretariat to carry-out legislative reform and development;

11.2   provision of facilities, equipment, furniture and materials for the law commissions and their secretariat;

11.3   facilitation of the participation of the PICCR, Palestinian NGOs, legal professionals, and line ministries in the legislative reform process;

11.4   publication and dissemination of new Palestinian laws.

12.   Strengthening of Forensic Science Capacity:

12.1   strengthening of existing forensic science capacities within the police services;

12.2   establishment of forensic science centre at Al Quds Faculty of Medicine with satellite office in Gaza;

 12.3   provision of equipment, furniture and materials for the forensic science centre ;

12.4   training of forensic science personnel.

13.   Strengthening of the Electoral System:

13.1   strengthening of institutional capacities for the periodic organization and conduct of municipal and general elections;

13.2   strengthening of domestic electoral monitoring capacity;

13.3   institutionalization of domestic capacity for electoral public education programmes;

13.4   strengthening of the organizational capacity of democratic political parties.

14.   Strengthening of Alternative Dispute Resolution Capacity

14.1   expansion of alternative dispute resolution mechanisms;

14.2   strengthening of the legal framework for alternative dispute resolution;

14.3   preparation of professional alternative dispute resolution standards;

14.4   training of instructors and education of legal professionals in the use of alternative dispute resolution.

15.   Strengthening of Human Rights/ Civic Education Capacity

15.1   expansion of the human rights and civic education programmes of Palestinian NGOs;

15.2   publication and distribution of Arabic language human rights materials;

15.3   introduction of mass media programmes on human rights themes;

15.4   introduction of human rights curricula in Palestinian public schools.

ANNEX EIGHT

STATUS OF PALESTINIAN LEGISLATION 

A

Status of Draft Legislation

( As prepared by Ministry of Justice – as of 7 March 1999) 

B 

September – October 1998 Report ¹¹¹ 

Progress Committee

Regarding Implementation of 

Palestinian Authority / World Bank Legal Development Plan

Status of legislation being drafted through the Ministry of Justice 

under the World Bank-funded

Legal Development Plan 

Excerpted from:

1998 Economic Plan, September – October Report of Progress Committee 

The table below presents the progress during September and October 1998 of various pieces of draft legislation. On balance, progress in September and October was slow.

Progress table for the legal and legislative agenda

1

2

3

4

5

6

7

8

9

10