TABLE OF CONTENTS
Executive Summary .........................................................................................................................
1. Introduction ................................................................................................................................
2. Output 1: Approach, Results and Impact .......................................................................................
3. Output 2: Approach, Results and Impact .......................................................................................
4. Output 3: Approach, Results and Impact .......................................................................................
5. Output 4: Approach, Results and Impact .......................................................................................
6. Output 5: Approach, Results and Impact .......................................................................................
7. Activities Not Implemented ...........................................................................................................
8. Challenges ..................................................................................................................................
9. Opportunities ..............................................................................................................................
10. Monitoring & Evaluation .............................................................................................................
11. Partnerships ..............................................................................................................................
12. Sustainability .............................................................................................................................
13. Forecast ....................................................................................................................................
14. Conclusions ...............................................................................................................................
Table 1 - Results on the ‘Demand Side’ of the Rule of Law Equation
Table 2 - Ministry of Justice Work Force Expansion
Table 3 - Results of Access to Justice Activities
Table 4 - Relevance and Impact of Access to Justice Activities
Table 5 - Relevance and Impact of Gender and Juvenile Justice Interventions
Annex I - Financial Report
Annex II - List of CSO Partnerships
Annex III - UNDP Eight Point Agenda on Women’s Empowerment and Gender Equality
EXECUTIVE SUMMARY
Mindful that the rule of law is a function of both national institutions’ capacity to deliver quality justice and security
services, and local communities’ capacity to use them, UNDP builds capacities throughout the justice chain: from
the villages in which disputes emerge, to the ministries which provide the framework within which they are
adjudicated. By so doing, UNDP empowers Palestinians at both local and national level to strengthen the rule of
law as a shared challenge and joint achievement. This report informs partners of UNDP/PAPP’s Rule of Law &
Access to Justice Programme in the oPt how their support of its innovative approach has affected real changes in
the oPt’s legal landscape in 2011.
Capacity of rule of law institutions strengthened (output 1). UNDP entered justice sector support in the oPt as a
latecomer in an apparently ‘crowded’ area. Concerned to address unmet needs rather than duplicate existing
interventions, UNDP partnered primarily with a rule of law institution which had been effectively ‘orphaned’ by the
development community: the Ministry of Justice. With its skeletal organisational structure and unclear role vis-à-vis
the Attorney-General’s Office and the High Judicial Council, questions concerning the Ministry’s viability persisted
well into 2011. As a result of UNDP’s support, the Palestinian National Authority (PNA) now has three solid rule of
law institutions increasingly led and coordinated by the Ministry of Justice.
This transformation was enabled by UNDP’s support. Guided by a capacity assessment conducted by UNDP’s Rule
of Law Advisor embedded in the Ministry, UNDP improved institutional performance by focusing support on the
Technical Advisory Unit located directly under the Minister and Deputy Minister of Justice. As a result, the Ministry
now demonstrates much stronger capacity in a number of key areas, including policy advisory, planning,
monitoring and evaluation and communications. Combined with assistance to equivalent units in the AttorneyGeneral’s Office and High Judicial Council, UNDP’s support has enabled these institutions to make concrete
changes which enhance the effective administration of justice in the oPt. An example is the adoption of a userfriendly electronic case file management system (MIZAN2) which unifies all case files and enables judges and
prosecutors to work together more effectively.
Also with UNDP’s support, 2011 saw the upgrading of the Al-Muqtafi website managed by Birzeit University’s
Institute of Law: a database storing around 15,000 pieces of Palestinian legislation, case law, judicial precedents
and opinions on diverse topics. The Al-Muqtafi website provides the legislation and judicial precedents on the basis
of which lawyers prepare their pleas; judges reach legitimate decisions; and legal advisors support the
development of national laws and policies.
Since the assessment identified inadequate human resources as the most urgent capacity need, UNDP seconded
technical expertise - including a policy advisor, a legal advisor, a monitoring and evaluation expert, a legal aid
expert and a gender and juvenile justice expert - and funded 29 additional full-time staff. Notwithstanding the
PNA’s financial constraints, the Ministry has so far transferred eight of these additional staff onto permanent civil
service contracts. The impact of strengthened human resources on Ministry performance is evident in the
remarkable increase in its research, policy and legislative output. In 2011, the Ministry contributed to the drafting
of 28 laws: a notable achievement which also demonstrates that UNDP’s efforts to enhance the Ministry’s
legislative drafting skills have been effective. Besides drafting well-crafted laws, the Ministry has developed
supportive institutional and policy frameworks on priority issues. Notably, the Ministry profited from expertise
seconded by UNDP to make significant progress towards the development of a national legal aid policy. Today, the
Ministry has a new Legal Aid Unit; a mapping study of PNA-provided legal aid; a strategy for its engagement on
legal aid; a draft legal aid law; a highly participatory National Legal Aid Conference scheduled for March 2012; and
the legitimate expectation that the President will enact the draft law in 2012.
To support the development of affordable legal aid provision, UNDP is in the process of introducing paralegalism to
the legal culture of the oPt. Paralegals are trained lay-persons who can resolve the vast majority of poor
communities’ simple legal aid needs (e.g. obtaining a travel permit or child maintenance; an argument between
relatives) at a fraction of the cost of a qualified lawyer. Paralegals refer more serious or complex cases to their
supervising lawyers, whose expensive expertise is then reserved for representation at trial and supervising other
-2-
providers. In 2011, UNDP negotiated a partnership with the University College of Applied Sciences in Gaza to
develop a paralegal diploma programme. Paralegalism appears on the agenda for the forthcoming National Legal
Aid Conference, and UNDP looks forward to supporting recommendations emerging from this discussion.
In 2011, the oPt’s rule of law institutions moved away from ad hoc training activities towards a more sustainable,
institutionalised professional development programme. This includes fully accredited professional programmes on
management, legal skills and office skills. The courses commenced in July 2011, and beneficiaries have applauded
their quality. With UNDP support, the Ministry also launched its Justice for the Future project: an innovative
programme which has awarded academic scholarships and prestigious legal internships to 30 outstanding law
students from disadvantaged socio-economic groups currently under-represented in the legal profession.
In 2011, UNDP also supported six universities to enable law students to obtain valuable practical experience by
providing legal aid services to disadvantaged communities. These students will go on to become legislators,
prosecutors and judges who can empathise with the poor and marginalised, and apply the law in ways which
respond to the deprivations they face. By investing in the next generation of legal professionals, UNDP is making a
sustainable investment in the future of justice in the oPt.
Mindful of the role of transparency in enhancing public confidence in justice institutions - and convinced of the
importance of stimulating public awareness and engagement on rule of law issues - the Ministry of Justice has
established a public Justice Information Centre. The centre functions as a centralised information and ‘public
relations’ resource for the whole justice sector. With UNDP’s support, it has already become remarkably
productive, having conducted trainings for journalists; produced regular press releases and television programmes;
launched a justice sector magazine; disseminated legal research and brochures on the Ministry’s public services;
and set-up a new user-friendly, regularly updated website. The impact of these efforts is clear: monthly visits to
the Ministry website jumped from 2,410 in May 2011 to 9,241 in October 2011.
Access to justice at local and grassroots level enhanced (output 2) . No matter how efficient and effective they may
be, justice and security institutions alone cannot create the rule of law in the oPt. Sustainable peace and
development will obtain only if communities use these institutions for the pacific resolution of disputes. UNDP is
addressing the access to justice challenges which deter them from doing so through strategic partnerships with
organisations which are both integrated in communities and connected to rule of law institutions: the Palestinian
Bar Association, 37 carefully selected CSOs, and six universities. By providing funding, supporting capacity
development, and assisting to establish five new legal aid clinics across the oPt, UNDP is significantly enhancing
provision of legal aid services. Though the first partnership agreements were signed in the spring of 2011, some
early results from these new initiatives are extremely promising:1





Legal information: 3,712 beneficiaries
Legal advice: 1,536 cases
Legal representation: 1,272 cases
Monitoring and advocacy: 524 press releases, 42 reports, and 10 position papers issued.
Legal professional development: Continuous Training Programme developed.
Gender and juvenile justice enhanced (output 3). A complex combination of prejudiced social norms,
discriminatory laws, and the Israeli occupation render Palestinian women and children especially vulnerable to
abuse, and unable to access justice. UNDP therefore implements a ‘socio-legal’ approach to strengthening
gender and juvenile justice in the oPt.
Palestinian legislation comprises outdated provisions which discriminate against women and children. To enable
UNDP to provide quality technical support to reform processes, UNDP commissioned an independent legislative
review examining Palestinian law from a women’s rights perspective.
In addition to creating an evidence-base for legislative drafting, the review provides a legal basis for litigating
1
These figures relate to the activities conducted under output 2. For a full overview, see table 1.
-3-
women’s rights violations. It links women’s rights in Palestinian laws to the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) provisions which the PNA has ‘ratified’, and is therefore
recognised by the Palestinian legal system. Technical expertise which UNDP provided to the Ministry of Justice
and the Ministry of Social Affairs has been instrumental in generating significant legislative developments,
including the Juvenile Justice Law, the Law to Combat Violence Against Women, and abolishing ‘honour crime’ as
a defence for murder in the Penal Code.
Gender and juvenile justice in the oPt have also been limited by the absence of a sound policy and institutional
framework. UNDP successfully bridged this gap in 2011 by supporting the development of draft strategies, action
plans and indicators on gender and juvenile justice and supporting the implementation of the PNA’s GenderBased Violence Strategy.
A lack of basic capacities renders law enforcement institutions unable to process cases in a gender-sensitive and
child-friendly manner. In 2011, UNDP helped to address this gap by supporting basic infrastructural repair of
juvenile rehabilitation facilities. UNDP also supported training on juvenile justice in partnership with EUPOL
COPPS at the Police Academy in Jericho. In order to help women in particular navigate legal processes, UNDP
also partnered with EUPOL COPPS to enable the High Judicial Council to set up public ‘court information points’ in
the courthouses in Ramallah, Nablus and Jenin. UNDP also recognises that the inadequate number of women
legal practitioners in the oPt is a critical gender justice challenge. To devise effective means of addressing it,
UNDP conducted a study to ascertain why women are not adequately represented in the legal profession. The
process culminated in the development of a 200+ female lawyers’ network, and identification of concrete
programmatic entry points to support women’s more active and equal participation in the legal profession.
Palestinian women’s lower economic status deters them from accessing justice, makes them more vulnerable to
abuse, and adversely affects the health, nutrition and education of their families. UNDP therefore partnered with
the Palestinian Maintenance Fund to increase its capacity to obtain money on behalf of divorced women who
have received maintenance judgments in the courts, but have been unable to collect from their ex-husbands. In
2011, UNDP assisted the fund to: establish institutional linkages with the heads of government ministries and
entities which can assist its work; establish a new website; and institute a case management system. UNDP’s
support was relevant and effective: the fund increased its outreach, attracted more clients, and retrieved 61%
more money than the previous year.
Rule of law in the Gaza Strip enhanced (output 4). The Israeli military assault of December 2008 and January
2009 destroyed capacities essential to the administration of justice and severely affected the rule of law in the
Gaza Strip. Due to political constraints, UNDP addresses Gazans’ legal needs by working primarily with CSOs
selected under the UNDP Civil Society Initiative; that is, rigorously assessed, non-public, non-state civil society
actors without any political affiliation. UNDP’s public perception survey affirmed the relevance of this approach:
households asked to provide a score indicating the extent to which they trust each of eight justice and security
institutions in the oPt ranked Gazan CSOs above all others operating anywhere in the oPt. Consequently, UNDP’s
support has enabled an unprecedented innovation in the oPt: the establishment of a network of 23 legal aid
providers which stay connected through dialogue meetings (including the Legal Task Force), referral
mechanisms, a legal aid database, and a user-friendly case management system. Data suggest that this new
network is already working well. In 2011, the legal aid clinics which are the network’s primary ‘hubs’ provided the
following services: 500 cases were referred to the clinics by Sharia courts, civil courts, and informal justice sector
actors; 8,158 individuals received legal information; 2,113 people received legal advice and mediation services;
275 people (88% of whom women) received legal representation; and 178 women received outcomes in their
favour.
Confidence-building amongst stakeholders promoted (output 5). Through dialogue, information sharing, and
promoting relationships between all its partners, UNDP is building confidence throughout the justice chain:
between the national institutions which ‘supply’ services; among the local communities which ‘demand’ them;
and in the interface between them. Whereas in June 2010, it was not possible even to convene a meeting
between staff from the Attorney-General’s Office, High Judicial Council and Ministry of Justice, staff from each
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institution now meet in monthly meetings convened by UNDP; attend university courses together; and selfidentify as colleagues within a national rule of law triad. In 2011, the High Judicial Council and AttorneyGeneral’s Office published a single strategic plan after several years of unilateral planning, and actively supported
the Ministry of Justice to plan two forthcoming conferences. Such initiatives would have been inconceivable just
18 months ago.
Table 1 - Results on the ‘demand side’ of the rule of law equation
West Bank
Gaza Strip
Total
Legal information
3,712
8,158
11,870
Legal advice
1,536
2,113
3,649
Legal representation
1,272
275
1,547
524
153
677
Research reports
42
8
50
Presentations
12
25
37
Advocacy letters and position papers
10
11
21
Conferences
2
5
7
Study tours
14
2
16
Legal assistance
Monitoring and advocacy
Press releases
UNDP has also helped to build confidence among civil society institutions. For example, the rift between Fatah
and Hamas was mirrored in the Palestinian Bar Association: its 15 board members (9 in the West Bank; 6 in
Gaza) had not met together in three years until UNDP convened a conference call in which all participated.
Though members of the Palestinian Bar Association initially resisted the very concept of working with CSOs on a
‘social agenda’ in the Gaza Strip, they represented 275 cases referred by CSOs.
Finally, it has become clear that consultative processes convened by UNDP have transformed mistrustful
relationships between national institutions and local communities. By enabling Palestinian communities to
participate in reform processes; foster the development of responsive legal frameworks; and hold justice
institutions accountable for their implementation, UNDP strengthens demand for justice services, while also
compelling an improvement in their quality. Consequently, by simply convening dialogues, UNDP can activate
civil society’s watchdog role to amplify the impact of all other investments in both the demand and supply sides
of justice. In the same way that justice emerges from the interaction between effective prosecution and defence
in court; so the rule of law emerges from the interaction between communities and institutions in dialogue
forums and consultative processes. That UNDP is committed to using its convening role to promote such
interactions positions it as a unique justice sector development partner in the oPt.
_________
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1. INTRODUCTION
UNDP and its national partners recognise that the rule of law and access to justice in the oPt are curtailed by
complex factors. Chief among them is the Israeli occupation and the consequent lack of territorial contiguity,
which constrains the PNA in its efforts to develop efficient and effective rule of law institutions capable of
delivering justice to the Palestinian people.
Internal geo-political divisions also hinder attempts at reform within the justice sector, not least due to the
inability of the Palestinian Legislative Council to convene a legal quorum. The ability of Palestinian institutions to
deliver justice is further constrained by limited institutional capacities; the Ministry of Justice, UNDP’s key
counterpart under this programme, has been historically neglected by international development actors.
These challenges and gaps have prompted UNDP’s intervention in the justice sector. In line with the Palestinian
National Development Plan (2011-2013) and the National Justice Sector Strategy (2011-2013), UNDP’s Rule of
Law & Access to Justice Programme aims at the gradual development of justice mechanisms as the Palestinian
people prepare for statehood. In this regard, the programme identified five key outputs:
1.
2.
3.
4.
5.
Capacity of rule of law institutions strengthened.
Access to justice at local and grassroots levels enhanced.
Gender and juvenile justice improved.
Rule of law in the Gaza Strip initiated.
Confidence-building among stakeholders promoted.
This report details progress in the implementation of UNDP/PAPP’s Rule of Law & Access to Justice Programme in
the period 1 November 2010 - 31 December 2011. It outlines key achievements, challenges and opportunities,
and addresses the importance of sustainability, monitoring and evaluation in realising results. A cumulative
financial report is contained in annex I. It is hoped that this report will facilitate further dialogue with key
counterparts and stakeholders. By regularly sharing reports, programme updates, summary notes, and internal
and external evaluations, UNDP aims to ensure it remains fully accountable for its interventions and continually
enhance its performance.
2. CAPACITY OF RULE OF LAW INSTITUTIONS STRENGTHENED (OUTPUT 1)
Capable, accountable, and responsive rule of law institutions are the bedrock of democratic governance and
sustainable peace. Output 1 of the Rule of Law & Access to Justice Programme therefore aims to support the
oPt’s rule of law institutions - the Ministry of Justice, the High Judicial Council and the Attorney-General’s Office to develop the organisational, technical and human capacities they need to be able to define and achieve their
own objectives.
When the programme was designed in 2009, UNDP sought to complement the work of other partners supporting
the rule of law in the oPt by undertaking tasks which would fill gaps and create synergies, rather than duplicate
existing interventions. Partnering primarily with the Ministry of Justice was an obvious choice, as the Ministry
lagged behind the Attorney-General’s Office and High Judicial Council in terms of capacities and output, for two
reasons. First, the Ministry had received only a tiny fraction of the support, investment and attention enjoyed by
these other institutions. Second, following the 2006 elections and the establishment of the Hamas administration
in the Gaza Strip, the Ministry was forced to relocate from Gaza City to Ramallah, with only a portion of its
original work force. Despite its skeletal organisational structure, unclear role in the new political environment,
and questions concerning its viability, the Ministry’s eagerness to support access to justice and the rule of law
was undiminished. UNDP therefore designed a programme of support for the Ministry to achieve its own
ambitions: to lead the implementation of the national justice sector strategy and to achieve the ambitious targets
assigned to it in the Programme of the Thirteenth Government as well as the National Development Plan (20112013).
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Following UNDP’s support to the Ministry, the oPt now has three solid rule of law institutions, increasingly led and
coordinated by the Ministry of Justice. The significance of this change cannot be overstated. In June 2010, it was
not possible even to convene a meeting between staff from the Attorney-General’s Office, High Judicial Council
and Ministry of Justice. Presently, staff from each institution meet together every month,2 in UNDP-supported
Justice Sector Coordination Meetings. These meetings foster improved institutional performance through greater
communication, coordination, cooperation.
The importance of this change becomes obvious when one reflects that justice is the ‘output’ of a complex
system composed of multiple actors, processes and interfaces. The extent to which the legal sector is able to
deliver justice depends not only on the capacity of each individual institution in that system, but on the extent to
which they are able to work together. Since developing ‘pockets of excellence’ will not ensure the effective
administration of justice, strengthening the rule of law requires balanced support to each institutional link in the
justice chain as well as efforts to foster collaboration amongst them. Institutionalising cooperation through the
coordination meetings is therefore a key achievement. It is also catalytic: the space these meetings provide for
dialogue on rule of law issues yields concrete initiatives which generate additional results. For example, the
Ministry of Justice has planned a National Legal Aid Conference for March 2012 as well as an International Rule
of Law Conference for April 2012 with support and inputs from the High Judicial Council and Attorney-General’s
Office. Such initiatives would have been inconceivable just 18 months ago.
APPROACH: How UNDP strengthens capacity of rule of law institutions
When the programme began in June 2010, it was clear that a number of challenges impeded the Ministry from
achieving its goals. UNDP therefore embedded a Rule of Law Advisor in the Ministry in order to:


‘Plug’ critical capacity gaps: UNDP’s Rule of Law Advisor meets immediate needs by providing policy
advice to the Minister of Justice and the Deputy Minister of Justice. He also facilitates communication
between various directorates and departments.
Create an evidence-base for future capacity development efforts: UNDP’s support to the Ministry of
Justice has entailed the progressive implementation of the recommendations of a participatory capacity
assessment conducted by the Rule of Law Advisor. This includes: support the Technical Advisory Unit;
develop and implement a comprehensive training strategy; launch a scholarship and internship scheme
for future justice sector leaders; sustainably expand the Ministry’s workforce; prepare strategies for
Ministry engagement in areas such as gender justice, juvenile justice and legal aid; establish a Justice
Information Centre aimed at strengthening the Ministry’s engagement with the public; and establish a
monitoring and evaluation unit.3
Most of these activities have been managed under a new ‘Stabilisation Fund’, which was set up in January 2011
to succeed the Quick Impact Fund.4 Aligned with the national ownership requirements of the Paris Declaration,
both funds were designed to empower the Ministry to meet its own needs: their budgets are managed by the
Deputy Minister of Justice and the Ministry itself owns initiatives funded by them.
IMPACT: Results to which UNDP has contributed
UNDP’s support has contributed to the following key results, linked to annual work plan targets noted in brackets
below:
Policy advisory, planning, M&E and communications capacities strengthened (1.1 and 1.2)
2
Members of the Ministry’s Technical Advisory Unit and of equivalent units in the High Judicial Council and the Attorney-General’s Office (the socalled Planning and Project Management Units) now meet as colleagues in the Justice Sector Coordination Meetings.
3
The Ministry’s senior leadership formally endorsed the capacity assessment in June 2011. However, the assessment has informed UNDP’s
support to the Ministry since December 2010, when the first draft was issued.
4
The Stabilisation Fund is downsizing: from USD 474,000 in 2011 to USD 375,000 in 2012.
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UNDP seconded technical expertise - a policy advisor, a legal advisor, as well as a monitoring and evaluation
expert - to activate the critically under-resourced Technical Advisory Unit. The unit is located directly under the
Minister of Justice and the Deputy Minister of Justice. UNDP’s support aimed to transform ministerial capacity
from the highest level by enabling the Technical Advisory Unit to perform its essential functions: provide policy
advice; manage planning, monitoring and evaluation processes; and foster sustainable partnerships with
international donors/development partners.
The deliverables affirm that UNDP’s support was relevant and effective: in 2011 the Technical Advisory Unit
supported the development of the Ministry’s Strategic Plan 2012-14 (with a focus on supporting the
implementation of the national justice sector strategy); action plans for every Ministry directorate and
department; and terms of reference for all staff. The Ministry very recently finalised an monitoring and
evaluation strategy, and recruited and trained a new monitoring and evaluation team. In 2012, these resources
will enable the Ministry to report on the impact of its activities - including those supported by UNDP. It is
anticipated that the Technical Advisory Unit will then play a major role in the planning, monitoring and evaluation
of the justice sector as a whole. As a result of improved planning and management processes, as well as
strengthened human resources (see below), every Ministry directorate and department reported more efficient
use of resources, and a significant increase in output in terms of policy papers, legal research, public legal
information, draft legislation.5 The significance of this output for access to justice and the rule of law in oPt is
detailed below.
Justice sector coherence promoted by strengthening institutional linkages (1.1 and 1.7)
The Technical Advisory Unit plays a key role in facilitating interactions between rule of law institutions so that
they are able to work together as a system to deliver justice. UNDP also supported the unit’s equivalents in the
Attorney-General’s Office and the High Judicial Council by furnishing and equipping their offices and hiring staff
(including planning and public relations experts) required to develop the capacity of permanent civil servants.
Crucially, given the ‘fragmented’ rule of law context, the impact of UNDP’s support over 2011 has been to
strengthen both intra- and inter-institutional performance. In 2011, the two Planning and Project Management
Units succeeded in promoting the idea that the High Judicial Council and the Attorney-General’s Office publish
their strategic plan in one document. After several years of unilateral
Legal Skills Diploma
planning and lack of coordination between the two components of the
I have already completed a Masters and I’m in
judicial authority, this step is particularly significant.
the process of preparing for doctoral studies,
but the Legal Skills Diploma programme is
really valuable. It is really helping me to
develop my skills and knowledge, and I’m
expecting a lot from it now.
Case management strengthened
Closer relationships between the Attorney-General’s Office and the
High Judicial Council as a result of UNDP engagement have supported
Alla Zahran, Legal Advisor
Ministry of Finance
tangible improvements in the administration of justice, particularly with
regard to case management. Their respective IT units have signed a memorandum of understanding adopting a
user-friendly electronic case file management system (MIZAN2) which enables judges and prosecutors to work
together more effectively. Before the adoption of this system, the case files were not unified, resulting in gaps
between documentation held by judges and prosecutors. MIZAN2 gives them the means by which both have
access to electronic copies of each file, and can process cases more quickly and efficiently.
5
The Ministry of Justice contributed to the following laws in 2011: Provision of Electricity Law; Penal Code; Unified Arab Law Against Internet
Related Drug Trafficking; Leasing of Property Law; Amendment to the Taxi Service Law; Amendment to the Law on Animal Health; Public
Procurement Law; Bylaw for the Council of Youth and Sport; Model Arab Law against Human Trafficking; Palestinian State Law for Arts and
Human Science; Juvenile Law; Law to Combat Violence Against Women; Bylaw regarding Fuel; Parks Law; Bankruptcy Law; Bylaw on Medical
Waste; Audio-Visual Media Law; Bylaw on the Legislative Plan; Legislative Drafting Law; Health Insurance Law; Bylaw on Alimony; Legal Aid
Law; Judicial Records Law; Fodder Law; Forensic Medicine Centre Law; High Media Council Bylaw; Public Lottery Law; and Model Arab AntiCorruption Law. As the Ministry has only just finalised its M&E strategy, it is difficult to determine exactly how this output compares to 2010.
However, the Ministry is adamant that there is a vast improvement.
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Consolidated legislative database developed
UNDP supported the upgrading of the Al-Muqtafi website, which is operated and managed by Birzeit University’s
Institute of Law. The database currently stores around 15,000 pieces of Palestinian legislation, case law and
judicial decisions. All the information is classified and indexed to ensure easy access, and some English
translations are provided. The Al-Muqtafi website has over 13,000 subscribers and 900 daily users and is playing
a vital role in supporting legal research and legislative development. Judges and lawyers are among its main
users, and their feedback supported its development. By linking legislation, related case law, judicial precedents
and opinions on diverse topics, the database enables judges to process cases more efficiently, and guards
against contradictory and inconsistent decision-making. It also provides the legislation and judicial precedents on
the basis of which lawyers prepare their pleas. The large number of subscriptions and enquiries from PNA legal
advisors indicates that the Al-Muqtafi database also supports the drafting of policy papers and provision of legal
advice. The website is also an applied research tool of value to researchers; before its creation, research tasks
necessitated the painstaking, time-consuming compilation of individual pieces of legislation. Finally, the database
is useful for members of the public, civil society, and media organisations seeking to keep abreast of
developments in the Palestinian legal field. As the largest electronic archive of Palestinian case law and
legislation, the fully upgraded Al-Muqtafi website is likely to become the formal database for the Palestinian
authorities, and a key support for civil society monitoring and advocacy efforts.
Capacity development institutionalised through establishment professional development programme (1.1)
The Technical Advisory Unit was at the forefront of efforts towards a key programme goal for 2011: the move
from ad hoc training activities towards a more sustainable, institutionalised professional development
programme. The Technical Advisory Unit led negotiations with Birzeit University’s Institute of Law and Centre for
Continuous Education to develop a new ministry training strategy, including a Legal Skills Diploma, 6 an Office
Skills Diploma,7 and a Certificate in Middle Management.8 The curricula were designed on the basis of an
extensive training needs assessment conducted by the Ministry of Justice and Birzeit University. The courses
commenced in July 2011, and beneficiaries have applauded their quality (see text box).9 These are professional
programmes, which are fully accredited by the Ministry of Higher Education. To ascertain their relevance and
quality, UNDP will conduct an assessment of these training programmes in 2012 and 2013 in partnership with
the Ministry of Justice and Birzeit University. The professional development programme steering committee
(comprised of representatives from the Ministry of Justice, Birzeit University and UNDP) also meets regularly to
discuss progress and recommend improvements.
As part of its remit to promote a coherent approach to justice service delivery in the oPt, the Technical Advisory
Unit supported the design of a training strategy which develops capacity and performance across the PNA as a
whole. While Ministry employees receive priority places on these programmes, the legal cadres of other
ministries and institutions are also eligible to apply. This is yet further evidence of strengthened collaboration
between rule of law institutions. Whereas 18 months ago MOJ, HJC and AGO staff would not sit in the same
room together, they now not only participate in monthly coordination meetings and communicate by phone and
email on work-related matters, but are classmates who learn together in evening and weekend tutorials.
6
The Legal Skills Diploma focuses on developing core skills in areas such as legislative policy making and drafting, legal research and analysis,
and criminal and civil procedures. It also includes two courses on strategic management and communication. Teaching methods concentrate on
practical skills using real work examples, with theory kept to a minimum. The diploma is delivered for a minimum of 50 students over 24 months.
7
The Office Skills Diploma targets all non-legal Ministry staff. It aims to improve core office activities including financial management, human
resources, and administration. The curriculum includes the same eight courses offered under the Middle Management Certificate (see below), as
well as the following courses: secretarial skills; effective communication; report writing; English language; technology and media literacy.
8
The Middle Management Certificate focuses on enhancing management skills: a key need identified by the UNDP-led capacity assessment
adopted in 2011. The curriculum includes: public administration; advocacy and communication; conflict transformation and change management;
accounting; monitoring and evaluation; human resource management; project management; general legal awareness; and laws and regulations
relating to Ministry’s mandate (including gender and juvenile justice).
9
Classes for the Legal Skills Diploma and Certificate in Middle Management commenced in July 2011 and October 2011, respectively. Office Skills
Diploma teaching will commence in early 2012.
-9-
As the programmes are demanding, they are staggered over two years or more so that all staff have the
opportunity to receive relevant professional training whilst undertaking their regular work. To ensure that
training is flexible around the demands of full-time employment, UNDP has also supported the establishment of
an ad hoc training fund which empowers the Ministry to finance shorter in-house courses and capacity
development initiatives. For example, the UNDP-led capacity assessment identified an urgent need for legislative
drafting skills development. The ad hoc training fund is currently supporting five Ministry employees to undertake
a part-time Masters in Legislative Drafting at Birzeit University.
Technical and organisational capacities strengthened by filling critical human resource gaps (1.1)
The joint capacity assessment quickly identified inadequate human resources as the most urgent capacity gap. 10
UNDP responded by funding 29 additional full-time staff, including a mix of recent graduates and experienced
professionals. Their impact on Ministry performance is evident in the overall increase in output of the Ministry
over the last twelve months discussed above (see footnote 4). The workforce expansion is proving to be
sustainable and economically viable, notwithstanding the PNA’s current fiscal difficulties: in 2011, the Ministry
transferred more than a quarter (8) of these temporary post-holders onto permanent civil service contracts.
Table 2 - Ministry of Justice workforce expansion
Department
Minister’s Office
Positions
Legal Assistant
Administrative Assistant (2x)
Coordinator
Deputy Minister’s Office
Media Assistant
Translator
Technical Advisory Unit
Project Coordinator ‘Justice for the Future’
Administrative Assistant
Judicial Affairs Unit
Legal Assistant (3x)
Directorate-General for Legal Affairs and Research
Legal Assistant
Media and International Relations Unit
Legal Assistant
Directorate-General for Public Services
Administration of Professional Affairs
Legal Assistant (3x)
Administrative Assistant
Legal Assistant
Accountant
Directorate-General for Finance and Administrative Affairs
Finance Assistant
Administrative Assistant (5x)
Directorate-General for IT & Computers
Forensics Unit
M&E Unit
Graphic Designer
Legal Assistant
Technical Assistant
Coordinator
Technical capacities and institutional linkages for a holistic approach to juvenile and gender justice strengthened
(1.1)
Women and children in the oPt need the protection of well-crafted laws which respond to the social context in
which their disputes arise, as well as to the requirements of international law. Drafting such laws requires in-
10
As of January 2010, the Ministry’s central government budgetary allocation enabled it to employ 88 full-time permanent civil servants in the
West Bank. In 2011, this number increased to 96.
- 10 -
depth technical knowledge which the Ministry of Justice did not have in-house. UNDP therefore seconded a
gender and juvenile justice expert to the Ministry with a dual remit to provide concrete inputs to law and policymaking while developing the capacities of the Ministry’s permanent civil servants on these issues. This expert’s
engagement supported the following key achievements in 2011: draft Ministry strategies, including action plans
and indicators on gender and juvenile justice; implementation of the PNA’s Gender-Based Violence Strategy; and
considerable progress to develop policies and draft legislation, including the Juvenile Justice Law, the Law to
Combat Violence Against Women, and the Penal Code (abolishing ‘honour crime’ as a defence for murder). The
expert’s support also contributed to the signing of a memorandum of understanding between the Ministry of
Justice and the Ministry of Women’s Affairs. It is anticipated that the agreement will support a holistic approach
to gender and juvenile justice in the oPt, by addressing both the legal and social issues with which they are
interwoven.
Capacity of future generations of legal professionals supported through establishment of the ‘Justice for the
Future’ project (1.3)
The ‘Justice for the Future’ project is an innovation designed to support a future generation of legal professionals
able and willing to promote access to justice for disadvantaged Palestinians. Launched in August 2011, the
programme has so far awarded academic scholarships to 30 law students with leadership potential from different
disadvantaged socio-economic groups. Upon graduating, the scholars will receive a monthly stipend to
participate in a three-month legal internship in a justice sector institution, such as the Ministry of Justice, the
High Judicial Council, and the Attorney-General’s Office, or the legal departments of other ministries. By enabling
members of the disadvantaged groups currently under-represented in the legal profession to prepare for careers
as judges, prosecutors, and law-makers, it is anticipated that the project will support the development of a more
inclusive cadre of legal professionals. While the scholars have not yet started their internships, early indications
are that the programme is relevant and valued: there is strong interest in scaling up the programme to include
more students and more universities. In 2012, it is expected that the programme will expand beyond the three
West-Bank universities in which it currently operates, to include the Gaza Strip. 11
Legal aid policy developed and implemented (1.4)
In the oPt, provision of criminal and civil legal aid to disadvantaged groups is largely ad hoc and unsystematic. A
coherent national legal aid policy is needed to ensure quality service delivery within resource constraints. The
Ministry is eager to play a strong role in taking this agenda forward. To assist it to do so, the programme
seconded a legal aid expert who did considerable work to build the capacity of the newly established Legal Aid
Unit. As a result, at the end of 2011, the Ministry has a mapping study of PNA-provided legal aid,12 a strategy for
its engagement on legal aid, and a draft legal aid law. It also has momentum to pursue a participatory national
law and policy-making process: the Ministry of Justice will organise a National Legal Aid Conference in March
2012 bringing together the judiciary, public prosecution and civil society to present the draft legal aid law and
debate the future of legal aid provision in the oPt for the first time. It is anticipated that the President will enact
the draft law in the course of 2012. UNDP public perception survey identified inadequate provision of legal
assistance as a key access to justice challenge, and provided statistical baselines against which the impact of
these initiatives can be demonstrated when the perception survey is repeated in 2012.
Legislative drafting skills enhanced (1.5)
UNDP’s support to legislative drafting in 2011 included the Masters’ level training of five Ministry employees in
legislative drafting, the seconding of legal experts, policy advice and technical support from the programme
team, as well as efforts to create a consultative, inclusive process through which the Ministry can interact with
other partners and stakeholders. These efforts contributed to considerable developments in policies and draft
legislation on, inter alia, international judicial cooperation, the Penal Code and the Forensics Law. UNDP’s
support to the drafting of the new Penal Code was especially effective: it resulted in the finalisation of a solid
11
12
The partners include: Al-Quds University, An-Najah University and Hebron University.
Mapping Study: Legal Aid Services Provided by the Palestinian National Authority (UNDP, October 2011).
- 11 -
draft endorsed by civil society and other actors. The relevance of these efforts was affirmed by two research
studies commissioned by the programme in 2011: UNDP’s public perception survey found that 70.7% of
households consider that the law is unclear and does not take all sides into account, and the Review of
Palestinian Legislation from a Women’s Rights Perspective identified numerous ways in which the Penal Code in
particular deprives women of their rights. UNDP’s support to the drafting of a new Penal Code is therefore likely
to be a particularly high-impact initiative. Such impact will be seen once a functioning legislature is reestablished. To ensure that the Ministry of Justice is able to seize the opportunity that the legislature’s reestablishment will present, UNDP will continue to second legislative drafting and policy-making expertise to the
Ministry in 2012 and beyond.
Public information on legal issues enhanced (1.6)
The success of the state-building agenda in the oPt will ultimately be judged on the ability of the government to
engage with and develop a lasting social contract with its citizens. Since the justice system is a key point at
which the state and its citizens interact, UNDP’s rule of law vision aims to enhance public confidence in the
justice institutions. Mindful of the importance of transparency for promoting such confidence, the programme has
supported the establishment of a Justice Information Centre in the Ministry of Justice. The centre promotes
transparency, accountability and legal empowerment by executing its two main roles: functioning as a centralised
public information centre on behalf of the justice sector; and promoting media coverage of justice sector issues
in order to stimulate policy discourse, legal awareness and critical thinking in Palestinian society as a whole.
UNDP’s public perception survey revealed a critical legal literacy gap, highlighting the relevance of the Justice
Information Centre’s work.13 In 2011, the Justice Information Centre’s addressed this gap through results in the
following areas:



Public outreach: set-up a new user-friendly, regularly updated website; produced a regular television
programme on the justice sector for Al-Wattan TV; disseminated 5,000 legal information brochures on
each of the Ministry’s public services, including issuing certificates of non-conviction, accreditation of
arbitrators, NGO accreditation, and human trafficking for the first time.14
Stimulating critical thinking on rule of law issues: conducted a legal research competition which
resulted in the publication and dissemination of five pieces of legal research;15 launched a magazine for
the justice sector (aimed at lawyers, justice sector workers, academics and relevant civil society
institutions), entitled Adalah (Justice).16
Media liaison: conducted trainings for Palestinian journalists to improve their understanding of the
justice sector; produced regular press releases on Ministry activities.
The impact of these efforts is clear: monthly visits to the Ministry website jumped from 2,410 in May 2011 to
9,241 in October 2011. In addition, press coverage of Ministry activities towards the end of 2011 was
significantly greater than in 2010. In 2012, the centre plans to build on its successes by disseminating legal
information through billboard, television and radio campaigns, and to take on a stronger role in facilitating the
publication of rigorous legal and policy research aimed at supporting public policy formulation. While the 2012
public perception survey will enable UNDP to ascertain the overall impact of the Ministry’s efforts to enhance
legal awareness, the centre is developing an M&E framework to enable it to track the exact number of
publications downloaded from its website, and the number of media articles directly attributable to its activities.
Court orientation function strengthened
13
Just 22.7% of the 6,710 households surveyed demonstrated knowledge of what the Ministry of Justice is and does; 46.7% of households do
not know how to press charges; and 71.9% are unaware of the role of one or more of the oPt’s justice and security institutions - Public
Perceptions of Palestinian Justice and Security Institutions (UNDP, December 2011).
14
The legal advice brochures have the following titles: Complaints Unit; Department of Endorsements; Department of Arbitration; Human
Trafficking; Public Administration for Forensic Medicine and Criminal Investigation Laboratory; and NGO Department.
15
5,000 copies of the following legal research competition were published: Protection of Cultural Rights in Palestine; Constitutionality of Passing
the Penal Code by Presidential Decree; Legal Framework for Leasing Property; Comparison of Sharia and Civil Law; and Compensation for
Arbitrary Arrest and Detention.
16
See www.moj.pna.ps.
- 12 -
In partnership with EUPOL COPPS, UNDP has assisted the High Judicial Council to set up public ‘court information
points’ in the courthouses in Ramallah, Nablus and Jenin. 17 These public information points help to make courts
more user-friendly by providing a first point of contact for visitors. They provide essential information on issues
including: procedures for filing a request; the type of documentation that must accompany a legal complaint; the
procedures that a court witness is expected to follow; and conduct referrals to legal aid clinics. The public
perception survey highlighted the relevance of this initiative for increasing women’s access to justice in
particular: women are up to 28% less satisfied than men with those aspects of the court ‘machinery’ which help
to orient visitors (e.g. court signposting, court clerks’ performance). Following a rigorous evaluation of the costs
and benefits of this initiative, this project may be rolled out to other courthouses in the West Bank.
3. ACCESS TO JUSTICE AT LOCAL AND GRASSROOTS LEVEL ENHANCED (OUTPUT 2)
No matter how efficient and effective they may be, police stations, courts, and prisons alone cannot create the
rule of law in the oPt. Sustainable peace and development will obtain if and only if ordinary Palestinians have the
confidence and capacity to use these institutions for the pacific resolution of disputes. In other words, the
‘supply’ and ‘demand’ sides of the justice sector must both be supported in order to strengthen the rule of law in
the oPt. UNDP’s Rule of Law & Access to Justice Programme acknowledges that strengthening the rule of law in
the oPt requires balanced programming throughout the justice chain: from the communities in which disputes
develop, to the ministries which draft the laws according to which they are adjudicated. Accordingly, UNDP’s
support to ‘macro level’ institutional development aiming to enhance the ‘supply’ of justice services under output
1 is matched with support to the ‘micro level’ aiming to enhance the ‘demand’ side of justice under output 2.
Activities under this output aim to give poor and disadvantaged communities in particular the confidence and
capacity to both access and achieve justice from rule of law institutions.
APPROACH: How UNDP strengthens access to justice
UNDP’s efforts to enhance access to justice engage university-based legal aid clinics, civil society organisations
and the Palestinian Bar Association. The significance of these partners lies in their position at the interface
between state and society: they are both integrated in communities and connected to rule of law institutions.
They are therefore ideally placed to bridge the lack of confidence and competence which often separates rule of
law institutions from the marginalised, vulnerable communities which most need their protection.
UNDP has established a partnership with Al-Quds University’s existing legal aid clinic, and it is also supporting the
establishment of five new legal aid clinics across the oPt at the following institutions: Hebron University, AnNajah University, Al-Azhar University, the University of Palestine and the Islamic University in Gaza (see also
output 4). Participating students receive training on legal theory and practice before providing basic legal aid
services under the supervision of qualified lawyers. The clinics are encouraged to cooperate with CSOs in order
to expand legal aid clinics’ reach into the most disadvantaged communities, and to connect civil society with the
research capacities and cutting-edge legal expertise needed to sharpen their advocacy efforts. For this purpose,
the programme is supporting An-Najah University to create a national networking forum for the leaders of all
Palestinian legal aid clinics. The establishment of these community-integrated, networked legal aid clinics has
three advantages. First, it expands access to free legal assistance in some of the oPt’s most neglected districts.
Second, it strengthens legal education by providing students with a practical adjunct to their theoretical studies.
Third, it fosters the emergence of a future cadre of legal professionals able to empathise with vulnerable
communities, and willing to support them to achieve justice.
The programme engages CSOs as implementing partners through the UNDP Civil Society Initiative. The initiative
is the main mechanism through which UNDP responds to the legal needs of disadvantaged communities, while
promoting a more cohesive civil society able to influence legal reform, and shape the future state of Palestine.
The UNDP Civil Society Initiative was launched in August 2010, with a USD 3.5 million budget in order to support
17
There are twelve courts in total in the West Bank: Ramallah, Hebron (3x), Nablus, Jericho, Bethlehem, Tulkarem, Jenin, Qalqiliya, Salfit and
Tubas.
- 13 -
‘cross-cutting’ achievements in programme outputs 2 as well as outputs 3, 4, and 5 aimed at strengthening:
gender and juvenile justice; rule of law in the Gaza Strip; and confidence-building, respectively. 79 CSOs passed
an initial pre-qualification process assessing their capacity to meet UNDP’s accountability and performance
standards. These approved CSOs appear on a civil society roster, and are eligible to enter into partnerships with
UNDP. In 2011, 37 organisations received grants and capacity development support as UNDP implementing
partners.18 Together with law students and the Palestinian Bar Association, they are supporting the following
output 2 work plan targets:


‘Legal literacy’: Popular awareness of laws, the rights they protect, and how to assert them is the
gateway to accessing justice, and it is one that is closed to many Palestinians (2.1).
Legal aid services: Poor and disadvantaged Palestinians need concrete assistance to turn legal literacy
into action: representation in court, transport to court, and the accompaniment of an empathetic
supporter who can help them to navigate what they often experienced as complex, bewildering, or eve
traumatic legal processes (2.2).
By providing legal literacy, assistance and representation services free of charge to those who cannot afford
them, UNDP is breaking down the educational and financial barriers which - according to UNDP’s perception
survey data19 - separate too many Palestinians from justice. Yet, the survey revealed that lack of legal literacy
and poverty are not the only access to justice challenges: perceptions that the law does not take all sides into
account and that verdicts are not fair also deter people from asserting their rights.20 These data called attention
to a distinction between accessing justice institutions, and accessing justice: fair verdicts which promote, protect,
and fulfil litigants’ rights. If the conceptual link between the two is broken in practice - if people pursue legal
processes yet do not achieve just outcomes - they will not access those institutions in the first place. In other
words, the notion of ‘access’ to justice is complex, and includes perceptions of justice and security institutions’
capacity and performance. In 2011, UNDP responded by fine-tuning its approach to include the following
additional activities:


Monitoring and advocacy: Activities aiming to: foster compliance with the requirements of protective
laws; elicit accountability for violations; and support the reform of discriminatory laws and practices.
Professional development: Training aiming to develop the capacity of legal professionals to promote the
procedural and substantive rights of vulnerable groups in particular.
UNDP aims to provide Palestinians with the full complement of services they need to both access justice
institutions, and achieve justice within them. What that entails is diverse: the legal needs of each community are
different, every case is different, and the support which individual clients need to pursue justice is different too.
The UNDP Civil Society Initiative matches these diverse legal needs to the capacities of an equally diverse range
of CSO partners, from small community-based organisations to large professionalised national NGOs operating in
camps, rural, and urban locations throughout the oPt. Not all CSOs provide the same services: some smaller
organisations only conduct legal awareness raising activities, while others provide full-fledged legal advice and
representation. Some larger organisations provide both of these services, and also conduct monitoring,
advocacy, and provide technical inputs to legal reform processes. Others operate at the intersection between
legal and social concerns, helping women and children in contact with the law to obtain shelter, counselling,
medical assistance, child protection and other services which support their security, health and education. To
18
The process of signing agreements took longer than expected due to a shortage of staff. During the spring and onwards more than 50
meetings and field visits were conducted in order to select suitable organisations for partnership and to consult with the organisations on specific
project ideas. When selecting organisations, the programme has considered geographical settings as well as choice of target groups and actively
searched for CSOs with different capacity levels. Based on the scores obtained under the capacity assessment, organisations are placed into one
of three different categories: ‘limited’, ‘moderate’ or ‘high’ capacity organisations. Limited capacity organisations are eligible for grants of up to
USD 50,000; moderate capacity organisations are eligible for grants of up to USD 100,000; and high capacity organisations are eligible for grants
of up to USD 200,000.
19
Up to 97.2% of those in contact with the law do not have access to a lawyer; 56.0% doubt that they would be able to obtain free legal
assistance if they needed it; 57.2% of households cannot easily afford to pay for a lawyer; and up to 57.3% of households report that the cost of
pursuing justice is prohibitive. See footnote 12 for data on legal literacy in the oPt.
20
66.6% of households do not believe that ‘recourse to the courts necessarily results in achieving justice’; 41.4% do not believe that they are
independent of factional influences; and 31.9% do not believe that court verdicts are fair.
- 14 -
enable these CSOs to achieve their potential, UNDP does not just provide them with funding; it invests in their
individual and collective impact in the following ways:
Capacity development: CSOs’ experience and capacity vary considerably. The UNDP Civil Society Initiative aims
to build their capacity both to implement specific activities and to contribute to the rule of law in the oPt more
generally by providing training on thematic and organisational issues. In 2011, UNDP trained CSOs on: technical
aspects of the law; transferrable skills training on communications and advocacy; and core organisational
functions, including financial management, planning, monitoring and evaluation, and reporting. The programme
also supports basic material capacity development through procurement of research and knowledge resources
(e.g. law books and legal database subscriptions), computers and furniture. Negotiations with CSOs over capacity
needs are ongoing and additional contracts are expected to be signed in the coming months.
Project design: Projects are designed in consultation with UNDP on the basis of CSOs’ capacity to meet legal aid
needs, as evidenced by the capacity assessment carried-out during the pre-qualification process. This approach
has served to avoid thematic and geographical service provision duplication and gaps.
Collaboration: UNDP aims to promote collaboration so that clusters of small, well-designed projects generate
synergies to produce an impact on access to justice which is greater than the sum of their parts. UNDP operates
referral networks through which CSOs providing complementary services are able to conduct referrals depending
on the needs of individual clients. For example, the CSO which helps a survivor of domestic violence to
understand that she has legally enforceable rights can put her in contact with another CSO offering free legal
representation services. The latter can connect her with another CSO offering counselling and/or shelter services.
By developing CSOs’ capacity to coordinate their activities and collaborate within referral networks, UNDP
ensures that each client receives the unique complement of services s/he needs to pursue justice. To promote
this ‘client-focused' service provision, UNDP convened dozens of workshops to enable CSOs to understand which
organisations provide complementary activities, and to create institutional linkages so that referrals can take
place. By providing a mechanism through which CSOs can work together to address shared concerns, UNDP is
also helping to form coalitions which can enhance the impact of civil society advocacy in the oPt.
IMPACT: Results to which UNDP has contributed
In 2011, the Palestinian Bar Association developed a Continuous Training Programme to develop the capacity of
practicing lawyers across the West Bank. The agreement was signed in November 2011, and courses will begin
in early 2012. Three of the six legal aid clinics which UNDP is supporting have already obtained university
accreditation; meaning that students can receive formal acknowledgement (credit hours) for their participation.
The first CSO partnership agreements were signed in March 2011 following the rigorous selection process, yet
the initiative is already receiving positive feedback: an internal strategic review conducted in August 2011 found
that UNDP’s CSO partners view the initiative as ‘successful’ and UNDP as ‘very cooperative’. 21 UNDP’s public
perception survey also highlighted its relevance: Palestinian households ranked NGOs the ‘most trusted’ justice
actor.22 As the administration of justice in the oPt is often slow, the majority of cases supported by UNDP under
output 2 were still pending before the courts by the end of 2011. The following two tables therefore share some
early results of these new initiatives only. The first lists activity results completed in 2011; the second
demonstrates their relevance and impact on priority legal needs. UNDP’s first annual public perception survey
provided statistical baselines (disaggregated by gender, age, and location) against which impact on legal literacy,
legal aid, as well as the technical performance and independence of the justice system can be tracked in 2012
and beyond.
21
Strategic Review - UNDP Rule of Law & Access to Justice Programme in the oPt (UNDP, August 2011).
Out of a maximum of 5, NGOs achieved a trust score of 3.12 (3.12 among men and 3.2 among women). Along with police, NGOs therefore top
the ‘trust table’ by which all justice and security institutions are ranked.
22
- 15 -
Table 3 - Results of access to justice activities
Results
Additional Information
Legal literacy
161 workshops
conducted; 3,712
beneficiaries.
Selected workshop topics and (numbers of beneficiaries): women’s rights (695); personal status law (550); right to
movement (330); complaints mechanisms (300); denial of the right to self-determination (260); legal procedures
and family law (266); draft Civil Code (250); role of legal clinics (150); Israeli detention policies (150); female
lawyers’ perspectives on access to justice (80); GBV (70); sexual harassment (70); health rights violations (62);
empowering Palestinian women (60); the role of the media (55); Palestinian prisoners’ hunger strike (50); UN
Human Rights Council and individual complaints procedure (17); law on family protection from violence (48); legal
consequences of being in conflict with the law (28); women’s labour rights (26).
Legal aid
1,272 cases
represented; 1,536
consultations provided;
42 petitions issued; 93
complaints issued.
Assistance was provided in cases pertaining to the following issues: arbitrary deprivation of liberty; arbitrary
deprivation of property; arbitrary dismissal from public service employment on the basis of political views or
affiliation; right to freedom of movement; right to access education; right to access medical assistance; right to
access visitation to family members in prisons; right to family life; right to access information; torture; right to
custody; right to maintenance; and children in contact with the law.
Monitoring and
advocacy
524 press releases
issued; 42 research
reports disseminated;
14 presentations
delivered; 2
conferences conducted;
10 advocacy letters or
position papers issued;
14 study tours inviting
international
delegations to Area C.
Selected monitoring and advocacy achievements in 2011 include the following publications issued by CSOs
supported by UNDP:
• Eye on Justice: newsletter tracking violations in the legal system.
• Law and Justice: magazine including legal research, new legal decisions or litigation with commentary; as well as
articles on various legal issues written by Palestinian and regional legal experts.
• No Home - No Homeland: report examining the policies and practices related to administrative house
demolitions.
• Scale of Control: report on the closure of Gaza and the need to protect the rights of civilians.
• Initiatives at the UN: submission of oral and written statements to the 17 th and 18th sessions of the UN Human
Rights Council; submission of information on the illegality of the prolonged occupation to Richard Falk, UN Special
Rapporteur for the oPt; submissions and oral statements to ECOSOC highlighting the detrimental effects of the
continued military occupation on Palestinian rights.
• Films: films created with UNDP support are being viewed at Btselem’s YouTube channel, and Btselem’s website
has as many as 90,000 hits a day.
• News articles and press releases: Between a Rock and a Hard Place; Human Rights Organisations Demand PLO
and International Community to Uphold Victims’ Rights; Questions and Answers on the Representation on the
Rights of the Palestinian People; The Russell Tribunal on Palestine - Israeli Policies Amount to Apartheid; and
Human Rights Day.
• Public lectures on the right to self-determination and the future state of Palestine.
Professional
development
Continuous Training
Programme developed;
13 CSO trainings
conducted; 196 CSO
training beneficiaries.
Courses offered by the PBA under the Continuous Training Programme: forensics; criminal procedure; income tax,
excise tax and customs law; economic crimes, anti-corruption; legal developments; detention; ecclesiastical and
Sharia laws; legal characterisation; gender and juvenile justice; banking law; medicine law; summary proceedings;
water and land law; code of conducts and ethics; management skills; advanced trial techniques; IT for lawyers;
and language courses - legal terminology.
CSO trainings and (number of beneficiaries): Israeli court system (27); UN special procedures (12); labour rights
(20); treating depression among inmates (20); medical emergency response (35); women’s rights (18); preparing
studies for research (12); UN mechanisms for the protection of human rights (1); communication skills (17);
affidavits and documentation skills (17); and IT skills (17).
Table 4 - Relevance and impact of access to justice activities
Priority Issue
Indicative CSI Activities and Impact * Selected
examples of activities undertaken as a result of UNDP
support under the CSI in 2011.
Case Studies
Detention
UNDP’s public perception
survey found that in the
oPt: 1) confidence in justice
and security institutions is
up to 50% lower amongst
those in conflict with the
law (e.g. defendants and
detainees) than those who
Addameer, a Palestinian organisation, provided legal aid
to 215 Palestinian political detainees in both Israeli and
Palestinian prisons and detention centres (195 male
and 20 female prisoners, 155 adults and 60 children),
and secured the release of 64 clients.
On July 12 2011, a civilian was arrested and
detained by Palestinian military intelligence, in
violation of national policy. On October 13, after the
police refused to implement a civil court order of
release, Al-Haq submitted a legal memorandum to
the head of military intelligence, the head of the
police, and the President’s Office calling for the
immediate release of the civilian, an explanation for
the transfer, and accountability for those
The Public Committee Against Torture in Israel opened
154 cases and conducted 147 legal visits to victims as
part of its efforts to address impunity for torture and illtreatment.
- 16 -
solicit legal services, e.g. as
plaintiffs; 2) 8.4% of
Palestinian males had been
detained in either
Palestinian or Israeli prisons
over the last 12 months.
This suggests that
supporting those in contact
with the law is a key
priority. In the absence of
legal assistance, those in
conflict with the law often
do not enjoy their
entitlements. Detainees
are at risk of torture, which
is used as a means of
control and confession
evidence by law
enforcement agencies
unhindered by scrutiny or
accountability.
Hamoked, an Israeli NGO, monitored detention
facilities; filed 3 petitions; opened 79 new detainee
rights cases; conducted 282 family visitation requests;
and actively handled compensation cases benefiting at
least 780 Palestinian claimants. This does not take into
account the impact Hamoked’s work has on the entire
Palestinian population, as with every successful result
of a case or legal campaign, Hamoked changes policies
and procedures that have long-term and large-scale
impact.
Occupation-related
deprivations
Settler violence,
checkpoints, the separation
wall and Israeli bypass
roads across the West Bank
deny the right to freedom
of movement. They also
entail an array of material
and psychological
deprivations: loss of
educational and
employment opportunities;
ability to obtain essential
medical treatment; and the
division of families.
Gisha, an Israeli NGO, provided legal assistance to 107
individuals who are seeking to obtain permits to be able
travel from Gaza to the West Bank in order to attend
work meetings, pursue studies, or other opportunities.
Civil cases
The public perception
survey found that civil
disputes (e.g. financial
claims, land disputes) are
the most common category
of legal need, accounting
for 64.6% of all cases.
Without support to obtain
livelihoods-enhancing
entitlements promised by
legislation and policies (e.g.
pensions and inheritance;
seeds and fertilisers) and
resolve disputes over land
and other assets, economic
activity is stymied and
poverty entrenched.
The survey found that the
perception that pursuing
justice is too timeconsuming and costly is a
key access to justice
challenge. Public interest
litigation, i.e. individual
Juhoud, a small Palestinian CSO operating in the
Tulkarem, Qalqiliya and Salfit governorates, is
establishing a mobile legal aid clinic for farmers. By the
end of 2011, the project had been set up, entailing:
recruitment of a project coordinator and volunteers;
establishment of steering committee; holding 15 village
councils; conducting media liaison; and establishing
linkages with another CSO in order to refer cases for
representation in Israeli courts.
The Israeli NGO Physicians for Human Rights opened
75 new case files; conducted 2 doctors’ visits and eight
lawyers’ visits to Israeli prisons; provided testimony and
expert opinions in 10 court cases; filed 8 legal petitions
and drafted 169 letters to pursue justice on behalf of
detainees with health complaints. Physicians for Human
Rights also conducted three emergency response
trainings for 35 staff and volunteers, and three focus
group meetings on relevant issues (with 33 participants
in each).
The Hebron Rehabilitation Committee, a Palestinian
NGO, partnered with other CSOs to promote respect for
human rights and awareness of how to seek redress for
settler violence. The Hebron Rehabilitation Committee
also held focus group discussions with ministers and
other government officials, as well as national and
international organisations to identify institutional
means of addressing inter-community tensions. To
strengthen advocacy, the Hebron Rehabilitation
Committee trained staff on research methods and UN
human rights protection mechanisms.
Al-Haq, a Palestinian NGO, successfully directed its
monitoring and advocacy activities at ECOSOC. As a
result, ECOSOC adopted Al-Haq’s recommendations on
workers in the ‘Buffer Zone’ (Gaza Strip).
The Palestinian Working Women Society for
Development (PWWSD) assists women to pursue civil
claims. In 2011, PWWSD assistance enabled a divorced
mother to obtain NIS 600 per month from her exhusband.
In the Gaza Strip, the Palestinian Bar Association is
playing a key role in improving coordination and
collaboration between legal aid service providers in
Gaza. The UNDP-supported legal aid network
comprising 18 legal aid clinics is providing a range of
legal aid services, including public interest litigation.
- 17 -
responsible. In addition to direct phone calls to the
legal advisor of the President and the spokesperson
of the security services, Al-Haq filed a criminal
complaint with the Attorney-General’s Office calling
for the immediate release of the detainee as well as
the prosecution of those responsible for the illegal
arrest. The civilian was released on November 14,
2011.
In September 2011, S.A. was detained and
interrogated by the Israeli military for a number of
weeks. Throughout this period, he was denied
access to medical care for a chronic medical
condition, and his health deteriorated rapidly.
Physicians for Human Rights submitted an urgent
petition to the District Court in Haifa. This petition
was successful and an independent physician was
allowed to enter the detention facility to assess his
condition and provide appropriate treatment.
Gisha provided legal assistance to enable Ziad, a
Gaza branch manager of a large Palestinian
pharmaceutical company to attend work meetings in
the West Bank in November 2011. The company’s
headquarters is located in the West Bank and Ziad
had repeatedly contacted Israeli military authorities
requesting a permit to travel to the West Bank for
work meetings. Gisha’s legal assistance to Ziad, and
legal advocacy before the Gaza District Coordination
Office resulted in Ziad finally receiving permission.
A lawyer for Al-Mezan Centre for Human Rights in
the Gaza Strip was refused permission to travel
from Gaza to attend a juvenile justice in Nablus to
which she had been invited to present a paper.
Following Gisha's intervention, her request was
finally approved and she travelled to the
conference.
When A.Q. from Khan Younis was denied his
pension, he sought support from one of the UNDPsupported Legal Aid Clinics in the Gaza Strip. Here is
his story: “I worked at this educational centre for
seven years and my employer refused to pay me
the end of service benefits. I am the only
breadwinner of my family and as a result, they lived
in abject poverty for several months as debts
accumulated and I was put in jail. I was so happy
when my father told me that the legal aid clinic
would follow up my case (…). I got out of prison in
a condition to pay my debts in instalments and (…)
my employer began to pay me my entitlements. I
thank you very much from the bottom of my heart”.
H. A. from Beit Hanoun lost his home during Israeli
military attacks. Although he had no title deeds, he
was able to achieve a satisfactory outcome with
support from one of the Legal Aid Clinics in the
Gaza Strip. He has this to say about his experience:
“The house I spent ten years building was
destroyed within seconds during the Israeli military
operation on Gaza in January 2009 (...). Reportedly,
I was not eligible for any kind of assistance because
I could not prove that the land I inherited from my
cases aiming to change
national laws and policies
which affect large groups,
can meet the legal needs of
thousands of people
through a single case. It
therefore presents as an
efficient means of using the
law to change lives in the
oPt.
The Al-Mezan Centre for Human Rights monitors justice
and security institutions, and provides a range of legal
aid services. With UNDP support, Al-Mezan conducted
ongoing monitoring; 8 prison visits; one public
advocacy campaign; 2 training courses (with 71
participants); 14 legal literacy sessions (with 391
participants); provided legal advice to 91 clients and
legal assistance to 21 clients.
father was mine. I consulted the legal aid clinic
lawyer who followed up the issue with other legal
experts. The issue, which is a common concern for
hundreds of families, has been thoroughly discussed
within the legal community and construction
agencies. Fortunately they came up with a practical
solution for my problem. I’m happy and relaxed now
as my problem is in its way for solution.
4. GENDER AND JUVENILE JUSTICE ENHANCED (OUTPUT 3)
The rights and freedoms of women and children in the oPt are severely curtailed as a result of an outdated legal
framework, the Israeli occupation, and the closure of the Gaza Strip. Since numerous national and international
organisations have been engaged in the field of gender and juvenile justice for many years, UNDP identified a
number of strategic entry points which complement rather than duplicate existing interventions.
APPROACH: How UNDP improves gender and juvenile justice
UNDP’s approach to improving gender and juvenile justice is ‘socio-legal’: it aims address the complex
institutional and socio-economic factors which sustain impunity for violations of women and children’s rights.
First, Palestinian women and children’s vulnerability to abuse is underpinned by prejudiced social norms which
exist at all levels of society - including in justice and security institutions. Second, those same norms entail a
lower socio-economic status, and hence a relative lack of the legal literacy, ability to pay for legal assistance, and
confidence that are needed to successfully pursue justice. Third, these prejudiced norms are sustained by the
discriminatory legislation which those institutions apply; meaning that even those women and children who
access rule of law institutions are often unable to achieve just outcomes.
IMPACT: Results to which UNDP has contributed
UNDP’s perception survey affirmed the relevance of
the programme design: it revealed that the
overwhelming majority of women and young people
• Two-thirds of staff under UNDP-supported projects are women.
do not know how to bring a case to court; cannot
• In Gaza, 178 women represented by UNDP-supported legal aid
easily afford to pay for legal assistance; do not
providers received outcomes in their favour.
• Significant increase in number of women attending legal literacy
believe that ‘the law is clear and takes all sides into
workshops and filing cases.
account’; and are much less satisfied than adult men
• Female law students working in UNDP-supported legal aid clinics are
with the quality of justice and security services
gaining self-esteem and becoming actively involved in civil society
activities outside the campus.
supplied. Accordingly, UNDP’s efforts to: enhance
legal literacy and legal aid provision; support the
revision of discriminatory legislation; and support gender-sensitive and child-friendly case management, are
meeting needs established by statistical evidence and against which results can be tracked in 2012 and beyond.
Progress against annual work plan outputs (noted in brackets) are itemised here; some are cross-referenced
against other outcome areas in which gender and juvenile justice issues have been mainstreamed. Table 4 below
presents early results of juvenile and gender justice focused CSO partners, suggesting the cumulative impact of
UNDP’s interventions under output 3.
Gender justice results: Some initial results of UNDP’s efforts to
support gender justice include:
Legislation related to gender justice and its enforcement reviewed (3.1)
To ensure that its gender justice efforts are evidence-based, UNDP commissioned an independent legislative
review examining the following branches of Palestinian law from a women’s rights perspective: 23 constitutional
law, personal status law, criminal law, labour law and the laws that regulate political participation. The review
23
A Review of Palestinian Legislation from a Women’s Rights Perspective (UNDP, September 2011).
- 18 -
links women’s rights in these areas to the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) provisions which the PNA has ratified. Although this ratification is not recognised by the
international community, it is recognised by the domestic legal system and therefore provides a legal basis for
litigating women’s rights violations.
National law and policy on youth and adolescence formulated and adopted (3.2)
In contrast to gender justice, the juvenile justice agenda in the oPt is relatively new; the concept and practice of
youth rehabilitation, alternatives to imprisonment and juvenile court systems have yet to take hold. To address
this gap, UNDP worked at the strategic policy-making level to assist the National Committee on Juvenile Justice
to recruit a focal point who has been instrumental in compiling the suggested amendments to the Juvenile
Justice Law and in supporting the committee to draft a national strategy on juvenile justice. The programme is
also supporting the Ministry of Justice to contribute to policy development in this area by seconding an expert on
juvenile justice, and supporting the Ministry of Social Affairs (which hosts the committee) through the provision
of technical assistance.
Gender and juvenile strategy and action plan developed (3.3 and 1.1)
UNDP seconded a gender and juvenile justice expert to the Ministry of Justice in 2011. This support was
instrumental in the development of: draft strategies, action plans and indicators on gender and juvenile justice:
implementation of the PNA’s Gender-Based Violence Strategy; considerable progress on developing policies and
draft legislation on juvenile justice; the drafting of a new Penal Code (stripped of discriminatory provisions); and
the signing of a memorandum of understanding between the Ministry of Justice and the Ministry of Women’s
Affairs to promote the needed socio-legal approach to gender and juvenile justice in the oPt.
Juvenile justice results: Some initial results of UNDP’s efforts to
support gender justice under its Civil Society Initiative include:
200+ female lawyers’ network established (3.4)
The inadequate number of women legal practitioners
in the oPt is a critical gender justice challenge. Male
judges and prosecutors who process gender cases are
often less able to empathise with women’s needs, and
hence to interpret the law in ways which support their
fulfilment. Detained women are highly vulnerable to
abuse because they struggle to obtain legal assistance: male lawyers are not permitted to enter women’s
detention facilities and very few women lawyers work in the area of criminal defence. In order to design a
relevant response, UNDP partnered with the PBA to identify why women are not adequately represented in the
legal profession and how to increase the number of female judges, prosecutors and lawyers. The findings of six
focus group discussions, a conference and a survey of 300 female lawyers (of a total of 522 in the oPt) 24 were
included in a study named Palestinian Female Lawyers: Reality and Aspirations which was presented to 180
participants at a conference in December 2011. Participants were shocked by findings concerning the degrading
treatment of female practicing and trainee lawyers: many are given administrative tasks because their
qualifications and capacities are not respected by male peers. The study fuelled discussion and debate,
culminating in identification of concrete programmatic responses, including the need for: a stipend to cover basic
costs to enable more women to complete the two-year lawyer training to become practicing lawyers; and the
establishment of a body within the Palestinian Bar Association to represent female lawyers. Participants
unanimously agreed on the need to establish this body, and defined its role, membership, duties and relationship
with the board. Participants decided to hold another meeting in February 2012 to discuss this further and ensure
a wider participation of female lawyers from all districts.
• Research study on juvenile justice in the Gaza Strip conducted.
• Review of consistency of Palestinian laws with international juvenile
justice standards.
• 20 juveniles in conflict with the law provided with social and
psychological support.
• 6 juveniles released from detention.
Capacity of law enforcement officers on juvenile justice developed
24
The Gaza Strip was not included in the survey for freedom of movement restrictions.
- 19 -
UNDP supported training on juvenile justice in partnership with EUPOL COPPS at the Police Academy in Jericho.
The training aimed to strengthen the knowledge and skills of juvenile police officers with respect to the
psychosocial aspects of child protection as well as investigation techniques for cases involving children. UNDP is
also supporting the Ministry of Social Affairs to strengthen the protection of juveniles in detention as well as the
Dar Al-Amal Rehabilitation Centre in Ramallah to carry-out minor infrastructural repairs, organise field trips, and
equip a music room and a computer lab.
Enforcement of women’s rights enhanced through support to the Palestinian Maintenance Fund
UNDP supported the Palestinian Maintenance Fund, which provides funds to divorced women who have received
maintenance judgments in the courts, but have been unable to collect from their ex-husbands. The fund takes
on the burden of investigating and tracking down the men to collect payments due, so that women can move on
with their lives. In 2010, the Palestinian Maintenance Fund had a retrieval rate of 15%. In 2011, UNDP aimed to
build the capacity of the fund, including assistance to establish institutional linkages with the heads of the
monitoring authority and the police, as well as government ministries: the Ministry of Transportation now informs
the fund if any person against whom there is a ruling owns a vehicle so that the fund can seize it; and the
Deputy Minister of Local Governance connected the fund with each municipality to inform them of the need to
cooperate with the fund. UNDP also supported the fund to enhance its outreach by establishing a new website,
and to increase its efficiency by instituting an information management system to track each case from opening
to closure. In 2011, the fund’s retrieval rate was slightly lower than in 2010, at 12%. However, the absolute
amount of money retrieved increased by 61% to almost NIS 2.6 million, reflecting the fund’s increased capacity,
as well as the larger number of clients following establishment of the website.
Table 5 - Relevance and impact of gender and juvenile justice interventions
Priority issue
Indicative CSI activities and impact
* Some examples of activities undertaken as a
result of UNDP support under the CSI in 2011.
Case studies
Gender justice
UNDP is partnering with 10
CSOs explicitly working on
women’s access to justice.
They specialise in GBV, family
law and labour law. UNDP’s
Review of Palestinian
Legislation from a Women’s
Rights Perspective found that
The Palestinian Centre for Communication and
Development Strategies completed the preparation
phase for the opening of a legal clinic for female
employees working for small businesses in and
around Hebron. As part of these efforts, 26
working women attended a workshop on labour
rights and 20 lawyers were provided with 30 hours’
of training on how to support litigation on labour
rights issues.
more Palestinian women than
men experience civil rights
violations. Yet, the perception
survey discovered that 24%
fewer women than men are
party to civil cases. In the
Gaza Strip for example, large
numbers of widows face
inheritance, custody, and
property ownership issues
following the death of their
husbands as a result of Israeli
military actions and internal
conflict. Lack of awareness,
confidence and capacity
render many of these women
Salfit-based NGO Women for Life conducted 19
legal awareness raising meetings with 266 women
attendees. It is currently supporting 7 clients to
obtain their entitlements in court. Their cases
concern child maintenance and custody of children,
and Women for Life is working with police and
courts in order to find means of speeding up the
process. Women for Life also implements income
generating activities to support women’s economic
empowerment, and engages with informal justice
personnel to encourage them to protect women’s
rights in informal dispute resolution processes. A
woman who had been subject to incest found that
she stopped being abused after the perpetrator
(her uncle) saw her enter the Women for Life
office.
When a Palestinian mother’s children were
kidnapped and taken to East Jerusalem by her
estranged husband, the Women’s Centre for Legal
Aid and Counselling helped her pursue her case.
The court ruled in favour of her custody. However,
the court order could not be enforced in East
Jerusalem. On behalf of the woman, who cannot
access the Appeals Court in Jerusalem because she
does not hold an East Jerusalem ID, the Women’s
Centre for Legal Aid and Counselling has taken the
case to the Appeals Court and is awaiting a decision
on enforcing the court order.
- 20 -
When Z. S. from Al-Qarrara was disinherited, one of
the Legal Aid Clinics in the Gaza Strip helped her to
achieve justice. She had this to say about her
experience: “My brothers have forcefully confiscated
the house and the land my father left me as part of
my inheritance. They left me and my blind mother
in one room; we have nothing but this room. The
legal aid clinic (….) mediated with my brothers and
warned them of the potential legal consequences of
depriving me from my rights. In less than two
weeks, I have the house and land registered with
my name. I live in dignity despite being a woman in
unable to access justice - with
devastating consequences on
their families and
communities. Since women
spend more of their incomes
on the health and nutrition of
their family and schooling of
children than men do, their
inability to enforce their civil
rights in such cases adversely
affects the wellbeing of
families and
communities.Finding a
correlation between women’s
economic independence and
willingness to pursue justice,
some CSOs also implement
livelihoods projects as part of
their gender justice portfolio.
Their efforts support UNDP’s
efforts to advance a holistic
response to violence against
women addressing the
complex socio-economic
factors in which their legal
needs are located.
The Women’s Centre for Legal Aid and Counselling
conducted 15 workshops on family law, family
protection from violence, and personal status law,
engaging community leaders and staff from
different ministries including the Ministry of Social
Affairs. 598 people participated in these
workshops, at which position and discussion
papers on law reform were presented. The centre
also trained a new volunteer group. Active in
Jericho, Hebron, South Hebron, Bethlehem,
Tulkarem and Salfit, the volunteer groups lead
activities during key opportunities such as the 16
Days of Action and International Women’s Day.
Juvenile justice
The vast majority of children
in conflict with the law in the
oPt are first time offenders,
accused of minor crimes. Yet
exposure to legal systems in
which their rights are often
not respected and specific
needs not accommodated can
lead them to become
hardened, victimised, and
more alienated from society.
In line with international law,
UNDP’s juvenile justice efforts
in the oPt support preventive
efforts aiming to keep children
out of the justice system. For
those in contact with the law,
UNDP aims to encourage and
enable legal professionals to
prioritise the child’s best
interests, respect their rights,
and detain them only as a last
resort, for the shortest
possible period of time.
Defence for Children International, a Palestinian
NGO, provided legal advice to 50 families and
represented ten children in cases pertaining to
abuse, neglect and theft. The NGO also conducted
two four-hour workshops in detention centres for
ten children and four police officers on
international juvenile justice standards.
Gaza-based CSO the Palestinian Centre for
Democracy and Conflict Resolution provides a
range of legal aid services to women who have
been imprisoned and disowned by their families including mediation with family members towards
reconciliation. By the end of 2011, the Palestinian
Centre for Democracy and Conflict Resolution had
provided legal and psychosocial support to 36
women.
The Broken Families project supports the legal aid
needs of families who have been physically
separated by Israeli policies which prohibit travel
between the Gaza Strip, West Bank, and East
Jerusalem. The project aims to reunify families
through legal intervention, as well as collecting
data on family separation for advocacy purposes.
With UNDP support, the project provided:
consultations to 50 clients, comprising lawyer legal
advice, as well as counselling from social workers;
and representation in 16 court cases.
Al-Mezan Centre for Human Rights, a Gaza-based
NGO, represents juveniles in contact with the law.
In 2011, intervention by Al-Mezan led to the
release of six juveniles and youths, and the
transfer of one juvenile to a rehabilitative detention
centre. Al-Mezan’s correspondence with the AlKatibah prison authorities led to written assurances
from officials that they were repairing facilities to
improve prisoners’ living conditions.
The Palestinian Bar Association in the Gaza Strip is
playing a key role in improving coordination and
collaboration between legal aid service providers in
Gaza. The UNDP-supported legal aid network
comprising 18 legal aid clinics is providing a range
of legal aid services, including public interest
litigation.
- 21 -
a male-dominated society”.
After Intisar, a 29 year old mother of the children
from Buraj Refugee Camp, was widowed, she
suffered financial and psychological GBV. Here, she
describes how a UNDP-supported Legal Aid Clinic
helped her to assert her rights: “After my husband
[was] killed during the Israeli attack on Gaza in
2008-2009, I have been subjected to all kinds of
social pressure by my father-in-law, community
leaders and even by my own family. They
kidnapped my children and expelled me from the
house I worked hard all my life to buy. They forced
me to marry my brother-in-law who is uneducated
and much younger than me. I was left with nothing;
I tried to commit suicide many times. I thought that
there is no justice in this world until I met with one
of the legal aid lawyers who assisted me and filed
my case before the Sharia court where I finally
attained all my rights. Only now I can live
independently with dignity. I can raise my children
and fulfil my late husband’s dream: having our
children educated”
After U.S.’ relationship broke down, she and her
children became homeless. Intervention from AlAzhar University’s Legal Aid Clinic helped to heal the
relationship, and enabled her family to return home.
Here is her story: “Life closed its doors in my face
when my husband threw me and my three children
out of the house at night. As my parents live
abroad, I found myself alone with no refuge. My
neighbour offered to host me that night and the
next morning, I was referred to the legal aid clinic
that offered me a three-day stay in a hostel. During
these days, the clinic’s lawyer intervened and
mediated with my husband and thankfully convinced
him to share the ownership of the house with me
and my children and not to hurt me again. For the
first time in my life, I felt protected by the law”.
When U.M. from Jabalia Camp learned that her son
had been detained, she was distraught; dependent
on food rations, she could not afford to pay bail for
his release. Here, she shares her relief at being
reunited with her son following intervention by the
Legal Aid Clinic at the Palestinian Bar Association: “I
was shocked when I heard that my 16-year old son
was sentenced for four months or paying a fine of
NIS 7,000 (….). How could I pay this money as I
depend on UNRWA’s food rations month after
month? How to keep my son with adult criminals in
jail and how family and neighbours would perceive
me? I cried for two days until I heard about the
legal aid clinic at the Palestinian Bar Association. It
took the lawyer a couple of days to work out my
case and thankfully assisted me to get my son
released.”
5. RULE OF LAW IN THE GAZA STRIP ENHANCED (OUTPUT 4)
The Israeli military assault from December 2008 to January 2009 and its resulting destructive impact on the
infrastructure, institutions and people of Gaza severely affected the rule of law. The divide between the Gaza
Strip and the West Bank in terms of legislation and justice service delivery adds to the complexity of working in
the Gaza Strip.
APPROACH: How UNDP supports the rule of law in the Gaza Strip
Due to political constraints, UNDP focuses solely on addressing the demand-side of justice by working primarily
with CSOs selected under the UNDP Civil Society Initiative; that is, non-public, non-state civil society actors
without any political affiliation. UNDP’s programme team on the ground in Gaza is promoting an integrated civil
society approach engaging 11 CSOs, the Palestinian Bar Association and the universities through 18 legal aid
clinics established with UNDP support.
UNDP’s public perception survey affirmed the relevance of this approach. When households were asked to
provide a score indicating the extent to which they trust each of eight justice and security institutions in the oPt,
Gazan CSOs obtained the highest score of any justice and security institution operating anywhere in the oPt and
top the ‘trust table’ by which all such institutions are ranked.25 By contrast, the Palestinian Bar Association - of
which all lawyers are members - appears at the bottom of this table. While 71.3% of Gazan households are
satisfied that lawyers are ‘accessible’, just 23.7% are satisfied with their cost. These figures suggest that
respondents may have understood the question to refer to lawyers’ availability rather than their accessibility.
With its highly educated population and numerous excellent university law faculties, Gaza does not lack lawyers:
it is quite easy to physically find one.
Contrasting the availability of lawyers with the accessibility of legal services suggests that a ‘pro bono’ culture an orientation towards providing legal services free of charge to those who cannot afford to pay for them - is
missing. Under international law, lawyers are officers of the court with a duty to promote equality before the law,
and they have an essential role in promoting access to justice by providing such services.
Lawyers are uniquely qualified to represent clients in court. They therefore constitute a critically important link in
the justice chain, at the intersection between the grassroots and the institutional level. While grassroots CSOs
providing basic legal literacy, advice and assistance (e.g. filling in forms, making calls) help bring cases to court,
only lawyers can represent those cases in court. Concerned to provide the full complement of services that
clients need to pursue justice, UNDP persisted in order to engage the Palestinian Bar Association in its efforts to
strengthen the rule of law in Gaza.
UNDP’s intention to strengthen the rule of law in the Gaza Strip through a civil society-based approach met with
initial scepticism. A policy of constructive engagement and dialogue saw UNDP playing a major role in bringing
together lawyers, civil society representatives and academia to jointly discuss justice and security concerns, and
generate momentum for concerted action to address them.
IMPACT: Results to which UNDP has contributed
UNDP’s orientation towards confidence-building ultimately succeeded in disarming resistance and a reluctance on
the part of institutions which self-identified as ‘legal’ entities to work on a putatively ‘social’ agenda, giving way
to an unprecedented innovation in the oPt: the establishment of a network of 23 legal aid providers that stay
connected through dialogue meetings (including the Legal Task Force), referral mechanisms, a legal aid
database, and a user-friendly case management system. Data suggest that this new network is already working
well. In 2011, the legal aid clinics which are the networks primary ‘hubs’ delivered the following services:
25
Households were asked to provide a score, from 1-5, indicating the extent to which they trust each of eight justice and security institutions in
the oPt: at 3.24, Gazan NGOs obtained the highest score of any justice and security institution operating anywhere in the oPt.
- 22 -





8,158 individuals received legal information
2,113 people received legal advice and mediation services
275 people (88% of whom women) received legal representation
178 women received outcomes in their favour
500 cases were referred to legal aid clinics by Sharia courts, civil courts, informal justice sector actors,
and professional unions (including labour, medical, and teachers unions). For this purpose, legal aid
network members engaged with and provided basic legal training to these actors
UNDP’s efforts to establish the legal aid network also entailed a number of additional results, discussed below.
Clinical legal education strengthened (4.1)
In coordination with the Palestinian Bar Association and CSOs, UNDP worked with universities and civil society
groups to support the establishment of 18 legal aid clinics across the Gaza Strip. Their establishment in
particularly marginalised areas (including border areas and refugee camps) has proved to be an effective means
of enhancing access to justice for poor people who often struggle to pay for transportation, and vulnerable
women whose mobility is often highly
Meeting the legal needs of entire communities:
constricted. In addition to meeting urgent legal
strategic litigation in Gaza
aid needs, the clinics enhance students’ legal
The Gaza Strip is one of the most densely populated areas in the world,
education by providing them with an invaluable
meaning that hundreds of Gazans living close together are often affected
opportunity to put their theoretical knowledge
by similar issues. The administration of justice in a legal system damaged
into practice under the supervision of qualified
by factors such as the Israeli attacks of 2008/2009 is often painfully slow,
and few have the patience and persistence which protracted, convoluted
lawyers.
Capacity of
strengthened
Palestinian
Bar
Association
legal processes demand. Through public interest litigation - individual cases
aiming to change practices, laws and policies which affect large groups entire communities can achieve justice with a single case.
“A gas station was being built by an influential person in a very dense
populated area at Nuseirat Camp! Why are our lives and the lives of our
children put in this danger? How can this be allowed? I was thinking of all
of these questions while my radio was on and heard the advertisement of
the network of legal aid providers in Gaza (Awn). I went with a group of
my neighbours and we asked for a legal intervention. The lawyer filed a
complaint at the High Court which ordered to stop the construction of the
gas station immediately and cancelled the already issued licenses” A.A.
The Palestinian Bar Association is the
professional body for the legal profession: it
counts all practising lawyers amongst its
members, is responsible for their training, and
regulates their conduct. As a repository of legal
from Nuseirat Camp obtained support from the one of the legal aid clinics.
expertise which understands challenges to the
administration of justice and is respected by legal professionals and institutions, the Palestinian Bar Association is
a vital justice actor. Yet, it has received little support from the international donor community. UNDP therefore
filled a critical gap by working to strengthen the capacities of the Palestinian Bar Association through training and
the provision of vital resources such as law books, websites and law journal subscriptions. The impact of this
engagement is evident: during the reporting period the Palestinian Bar Association has played a central role in
improving collaboration amongst legal aid providers in the Gaza Strip; efforts which resulted in the establishment
of Gaza’s first legal aid network (locally known as Awn). In this context, the Palestinian Bar Association has
partnered with civil society organisations and academic institutions to provide advanced legal services such as
representation, litigation, mediation and arbitration. This initiative constitutes the Palestinian Bar Association’s
first significant engagement with community on legal empowerment. In addition, in September 2011, the
Palestinian Bar Association convened its first ever legal conference in Gaza with the programme’s support, aimed
at improving the quality of legal practise and conduct as a means of upholding the rule of law and promoting
access to justice. Again - given that a year before many members of the Palestinian Bar Association rejected the
notion of providing what it considered to be an inappropriate ‘social welfare’ function, this is a significant
achievement.
Financial sustainability of legal aid promoted
Paralegals are lay-persons trained in the law, workings of government, and practical dispute resolution skills.
Their limited training is sufficient to resolve the vast majority of poor communities’ simple legal aid needs (e.g.
- 23 -
obtaining a travel permit or child maintenance; an argument between relatives). Paralegalism is not currently
part of the legal culture of the oPt; introducing it presents an opportunity to enhance access to justice at
relatively low cost by matching legal needs to expertise. Just as a person who has sustained a minor injury needs
a nurse, not a surgeon, to apply a dressing, so trained lay persons and law students’ more limited training and
personal qualities enable them to meet simple legal needs. Paralegals refer more serious or complex cases to
their supervising lawyers, whose expensive expertise is then reserved for representation at trial and supervising
other providers. In 2011, UNDP made good progress towards this end, by negotiating a partnership with the
University College of Applied Sciences in Gaza to support the establishment of a paralegal diploma programme in
the oPt. The National Legal Aid Conference planned for March 2012 will also discuss paralegalism.
Capacity of civil society strengthened (4.1)
UNDP designed an evidence-based capacity development programme for Gazan CSOs based on the findings of
the Civil Society Initiative pre-qualification process conducted in late 2010 and early 2011. Trainings covering
core organisational functions (e.g. reporting), technical skills (e.g. communications) and relevant thematic issues
(e.g. advocacy on child labour)26 have built CSOs’ individual capacity. The dialogue and referral mechanisms
which sustain Gaza’s legal aid network have increased civil society cohesion, generating advocacy coalitions
which can achieve critical mass on key issues. In 2011, key advocacy achievements for civil society in Gaza
include:






153 press releases issued
8 research reports disseminated
25 presentations delivered including meeting with high-level officials
11 advocacy letters and position papers issued
5 conferences conducted
2 study tours organised
6. CONFIDENCE-BUILDING AMONGST STAKEHOLDERS PROMOTED (OUTPUT 5)
The rule of law is not just a matter for judges and lawyers, but a concern of the entire population. And because
the rule of law is the foundation of a viable social contract between the state and its citizens, it requires the trust
and confidence of the people. Confidence-building therefore underpins all activities implemented by UNDP’s Rule
of Law & Access to Justice Programme in the oPt.
APPROACH: How UNDP supports confidence-building amongst stakeholders
UNDP strengthens confidence at three levels: between national institutions which supply justice and security
services; between the grassroots entitles which demand their services; and then UNDP uses its convening role
and relationships with all such actors to connect the demand and supply sides of justice.
The supply side of justice
Justice is the outcome of a system composed of numerous actors, institutions, and processes. For justice to
obtain - for those who access the justice system to be able to achieve a just outcome - each of these
components must execute their discrete functions, and also work together. For example, it is not enough that
the police are able to effectively investigate cases; they must also be able to cooperate with the public
prosecutor’s office if their findings are to enable the state to hold a perpetrator accountable. Prisons may be able
to adequately accommodate, nourish, and clothe inmates, but if they do not liaise with courts, then hearings are
missed, and the human rights of pre-trial detainees held illegally or unnecessarily are violated. In other words,
supporting the development of technical capacities is necessary, but not sufficient, to promote access to justice
26
In the Gaza Strip, child labour is a critical juvenile justice issue which has emerged from the economic hardships entailed by Gaza’s enclosure.
As the formal economy is suffocated by the tight closure of the Gaza Strip, increasing numbers of children have been employed in the informal
sector, at great risk to their well-being and in violation of their rights.
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and the rule of law. Efforts must also be invested in developing capacities for communication, cooperation and
collaboration, and the confidence which underpins them. UNDP therefore strengthens the ‘supply’ of quality
justice and security services by ‘mainstreaming’ confidence-building in all its institutional development efforts.
The demand side of justice
Since no one CSO offers the full complement of services that a client needs to access justice; they must work
together to refer cases. This policy of ‘specialisation according to comparative advantage’ is efficient and cost
effective - but only if it is accompanied with efforts to support collaboration, and the confidence on which this
depends. For example, whether or not the staff member of a CSO offering legal literacy services works with
other CSOs is a function of trust. Such trust is often absent: civil society is often divided by competition for
funding, politics or religion. The effect is to weaken referral networks, and to diminish the potential for civil
society to advance common positions which influence law, policy, and institutional performance. Consequently,
UNDP promotes access to justice, accountability, and responsive legal and policy frameworks by twinning its
support to individual civil society actors with dialogue and networking opportunities which promote connections
between and confidence among them.
Connecting the supply and demand sides
UNDP uses its convening role to create spaces in which citizens can voice their expectations of justice and
security institutions, inform institutional reform processes, and influence the development of the laws they apply.
By supporting participation, inclusion, and ownership in this way, UNDP strengthens both the supply and demand
sides of justice. When Palestinian communities participate in reform processes, they have the opportunity to
shape legal frameworks which respond to their values, needs and expectations; legal frameworks within which
they want to resolve disputes. By developing public ownership of and confidence in justice and security
institutions in this way, UNDP strengthens demand for their services.27 Dialogue also enables communities to hold
justice and security institutions accountable, and hence to foster an improvement in the quality of the services
they supply.28 By activating civil society’s watchdog function, dialogues convened by UNDP therefore also
strengthen the supply of justice services.
IMPACT: Results to which UNDP has contributed
In 2011, UNDP made good progress towards enabling such impact to be measured. The programme supported
the Palestinian Central Bureau for Statistics to establish systems to monitor the performance of ‘supply side’
justice sector institutions including the Palestinian Civil Police, the Attorney-General’s Office, the High Judicial
Council and the Ministry of Justice. Since confidence between these institutions is a critical determinant of their
performance, PCBS monitoring will enable UNDP to track the impact of its efforts to promote confidence amongst
‘supply side’ institutions. The public perception survey which UNDP conducted for the first time in 2011 provides
a baseline against which changes in ‘demand side’ confidence in rule of law institutions can be tracked in 2012.
Some key results for 2011 include:
Confidence between state institutions strengthened
By the end of 2011, UNDP observed a positive transformation in the relationships between rule of law institutions
in the oPt. Staff who had tried to convene a meeting to engage staff in the different rule of law institutions
initially failed: management refused to grant permission for such a meeting to take place. UNDP’s secondment of
collegial staff with communication skills and an orientation towards partnership and constructive interaction has
thawed relations frozen by degrees of animosity, competition and mistrust. Staff from each of these institutions
27
70.7% of households do not believe that ‘the law is clear and takes all sides into account’, and give this is a reason for not bringing disputes
to courts. Public Perception Survey, (Jerusalem: UNDP, December 2011). Since dissatisfaction with existing laws and institutions deters access to
justice, participatory legal reform is likely to strengthen demand for justice services.
28 When institutions are monitored, scrutinised and held accountable for due process violations, they are pressured to improve the standard of
justice and security services.
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now meet every month in a Justice Sector Coordination Meeting convened by UNDP; attend university courses
together in evenings and at weekends; exchange emails and phone calls and self-identify as colleagues within a
national rule of law triad.
The Attorney-General’s Office and the High Judicial Council have not only accepted Ministry’s leadership of a
National Legal Aid Conference planned for March 2012 and an International Rule of Law Conference for April
2012; they have actually provided important inputs to support these processes. In 2011, the High Judicial Council
and Attorney-General’s Office published a single strategic plan for the very first time. After several years of
unilateral planning and lack of coordination between the two components of the judicial authority, this step is
particularly significant.
Confidence between civil society institutions strengthened
Regular consultations, workshops and dialogues between civil society organisations, universities and the
Palestinian Bar Association have helped to reduce the mutual suspicion which limits cooperation between Israeli
and Palestinian CSOs in particular. Though challenges persist, significant changes over the reporting period
affirm the relevance of UNDP’s approach. For example, the rift between Fatah and Hamas was mirrored in the
Palestinian Bar Association: its 15 board members (9 in the West Bank; 6 in Gaza) had not met together in three
years until UNDP convened a conference call in which all participated. 29 Furthermore, the members who initially
resisted the concept of working with CSOs to enhance access to justice for disadvantaged communities are now
working closely with them: in the Gaza Strip alone, the Palestinian Bar Association represented over 200 cases
referred by CSOs. The dialogue fora which sustain UNDP-supported legal aid referral mechanisms have increased
civil society cohesion. As a result of UNDP support, civil society in Palestine now has the opportunity to develop
common positions and speak with a single voice; amplifying their voice and their impact on key issues. For
example, UNDP facilitated discussions on ways to address deprivations faced by home owners whose properties
have been demolished as a result of Israeli military activity but who lack title deeds. A policy paper which
suggests a solution to overcome this issue has been drafted and shared widely. UNDP also supported the
University of Palestine to hold a one-day seminar on the legal implications of national reconciliation on the justice
sector.
Confidence between state and society institutions strengthened (5.1)
Relationships between state and civil society in the oPt have been characterised by mistrust and
misunderstanding. CSOs have been angered by the government’s failure to respond to their needs and deliver
services which meet their expectations. Government institutions have often rejected their criticisms, and been
offended by a perceived failure to understand how they are constrained by the occupation and an unwillingness
to give credit where it is due. By the end of 2011, UNDP has seen encouraging signs that its many ‘bridgebuilding’ efforts are bearing fruit. The rule of law institutions which had opposed UNDP’s intention to engage civil
society now fully support the scheme, and acknowledge civil society’s contribution to the rule of law in the oPt.
For example, when the programme issued its second call for proposals under the UNDP Civil Society Initiative in
December 2011, the very same institutions which had resisted the initiative a year earlier voluntarily circulated
the communiqué. This is one manifestation of a new trend of constructive engagement between state and civil
society in the oPt observed in 2011:



29
500 cases were referred to Gaza’s civil society-based legal aid network by Sharia and civil courts,
informal dispute resolution mechanisms and professional unions.
The Attorney-General’s Office and the High Judicial Council presented their joint strategic plan to CSOs
for validation.
The working group which drafted the new draft Penal Code comprised government officials and civil
society members.
The call witnessed discussion on UNDP support as well as other issues; paving the way for more ‘business as usual’ board meetings.
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


Arab Human Rights Day witnessed active debate and interaction between the Ministry of Justice, the
Independent Commission for Human Rights and Ramallah-based CSO Al-Haq.
The Ministry of Justice engaged civil society in preparatory consultations for the National Legal Aid
Conference and the International Rule of Law Conference. The National Legal Aid Conference will be a
critical milestone in the development of a legal aid policy; that civil society is involved in this process
indicates the PNA’s willingness to formally engage CSOs in efforts to enhance legal aid service provision
in the oPt.
The Justice for the Future project was devised by the Ministry of Justice in collaboration with three
universities.
The programme now considers that state-society relationships in the oPt have evolved to the point where UNDP
can convene a large partnership meeting, engaging all relevant ministries, the Palestinian Bar Association, civil
society organisations and academic institutions. This is a significant achievement when one reflects that a year
ago there simply was not sufficient social capital to make such a meeting possible. By connecting state and
society actors divided by political, conflict and identity issues around the theme that unites them - Palestinian
statehood - UNDP has been able to foster a considerable degree of social cohesion. Such cohesion will render
society more resilient to future shocks and crises, and able to continually adapt legal and policy frameworks over
time, so that these continue to protect their rights, even as the circumstances in which they realise them
changes. By so doing, UNDP’s Rule of Law & Access to Justice Programme has strengthened the very foundation
of sustainable peace, development and statehood in the oPt.
7. ACTIVITIES NOT IMPLEMENTED
Output 1: Legal aid conference; legal library; support Diwan Al-Fatwah
When the work plan finalised for output 1 was drafted, it was clearly an ambitious plan. While UNDP encouraged
the Ministry of Justice to be realistic in its goals, it was necessary to allow to the Ministry some flexibility and
therefore the work plan was agreed as a ‘maximum possible’. Excellent progress towards the development of a
national legal aid policy was made in 2011, and the planned legal aid conference will now take place in March
2012. In 2011, the Ministry had limited physical space for staff, let alone a library. In late 2011, the Ministry
obtained additional office space, and a specific hall has been designated for the library with a target date for
establishment of mid-2012. Relationships between the Minister of Justice, Deputy Minister of Justice and the
Head of Diwan Al-Fatwa unfortunately broke down in 2011, rendering support to the Diwan unfeasible in 2011.
UNDP plans to support the development of more positive relationships in 2012 in order to pursue this activity.
Output 2: Survey and workshop on formal/informal justice system
In the oPt, an informal justice system operates alongside the formal one. UNDP intends to strengthen the
linkages between the formal and the informal justice systems, and explore ways to align informal justice
mechanisms with human rights norms and standards. For this purpose, in 2011 UNDP planned to commission an
independent study to map and explore the linkages between the two systems and suggest means of supporting
closer linkages between them. UNDP conducted interviews for the study in 2011, but since it did not receive
satisfactory applications, the activity was not conducted. Global experience teaches that integration of formal and
informal justice mechanisms is an extremely delicate exercise in social engineering, and that even assessments
conducted without a very clearly defined approach can do harm. Instead, UNDP supported CSOs to train informal
justice actors on how to align their dispute resolution mechanisms with international and protective national
laws. These trainings focused on gender-sensitive approaches, arbitration law and the law of evidence and were
concentrated in the Gaza Strip, in which informal justice plays a major role in resolving disputes.
Output 3: Information sessions on preventing juveniles from coming into contact with the law; gender and
juvenile justice case audits conducted.
These activities are ‘rolled over’ into 2012.
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8. CHALLENGES
This section documents programmatic challenges faced by UNDP in the reporting period and how UNDP has
sought to overcome them.
Sustaining Technical Advisory Unit/ Planning and Project Management Units staff
Much of the work currently being done by the Technical Advisory Unit and the Planning and Project Management
Units is foundational, such as strategic planning, the revision of the organisational structure, human resource and
training strategies, the establishment of the institution’s overall vision and mission, and the standardisation of the
institutions´ material needs (e.g. office spaces, equipments and furniture). This foundational work will have an
impact long after the end of the UNDP initiative. However, other aspects of the UNDP’s work, such as the work
load division, cannot be sustained unless the institutions can absorb the UNDP staff, or hire employees to
assume their tasks. This is a common problem across the PNA ministries which receive support from the donor
community to hire experts. This issue is continuously emphasised by UNDP to ensure that the institutions make
relevant provisions in their strategic plans.
Limited management skills in Ministry of Justice
As is referenced in the joint capacity assessment, the main challenge faced with regard to working in partnership
with the Ministry is the absence of a strong management structure therein. Communication is often not at the
level that facilitates implementation of programme activities in an efficient manner. Many activities planned
jointly with the Ministry are delayed because of these communication difficulties. In addition, many directorates
and departments still lack managers with clear terms of reference and capacity to manage. The new Certificate
in Middle Management offered under the new professional development programme is likely to help to address
this issue. UNDP will continue in 2012 to work towards improving management skills, including by seconding
experts to assist in development of a new organisational structure for the Ministry, and a policy advisor for the
offices of the Minister and Deputy Minister.
Proposed Knesset bills
In 2011, the Knesset proposed two bills (the so-called Income Tax Order and Associations Act and the
Amendment Banning Foreign Diplomatic Entities’ Support of Political Associations in Israel) with the aim of
limiting the funding which ‘political NGOs’ can receive from foreign entities such as UNDP - either by capping the
approved amount to NIS 20,000 a year, or taxing such funding at 45%. It is highly likely that many of the CSOs
the programme supports under the UNDP Civil Society Initiative would be named “political”. While Knesset
support for these bills has dissipated, their proposal is part of a broader political and popular initiative
threatening the operation of human rights organisations in Israel.
Ensuring programmatic cohesion
The multitude of national partners, implementing partners, and international agencies working in the rule of law
and access to justice sector presents coordination and cohesion challenges, especially when activities are divided
between two physically separated geographical regions - the West Bank and the Gaza Strip. Add to that the
restrictions on access and movement, the difference of the legal nature of activities implemented under three
distinctly different jurisdictions, and programme management becomes extremely challenging. In addition, the
existence of four programme donors, some of which have disparate funding mechanisms, different reporting
requirements, and diverging political constraints, also brings its own set of management challenges. In this
regard, the programme team continues to emphasise the importance of planning; and the development and
maintenance of a culture of frank and open communication facilitated by e-mail, videoconference and where
possible, the movement of programme staff between the UNDP offices in Jerusalem, Ramallah and Gaza City.
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Working in the Gaza Strip
The international boycott of the Hamas-led authorities in Gaza continues to pose a significant programmatic
challenge. Addressing access to justice and the rule of law in the absence of engagement with local decisionmakers presents particular difficulties. Here, UNDP’s approach is to empower civil society organisations, legal
professionals and universities to enable ordinary people to claim their rights and demand the enforcement of the
rule of law. UNDP is also working to build confidence between these different actors in order to strengthen civil
society as a whole.
Dealing with the September Initiative
The PNA’s application for UN membership has the potential to trigger a deterioration in the security situation in
the oPt which would, should it occur, seriously undermine UNDP’s capacity to implement the programme. Should
this situation arise, UNDP would consult with its partners, including the programme donors, to explore whether
aspects of the programme could be redirected to address emerging needs. As a UN agency, UNDP supports any
initiative or solution to this conflict that is based on international law.
Responding to the reconciliation efforts
Discussions between Fatah and Hamas to form a national unity government have been underway for quite some
time. If and when a new government is established, several challenges would arise. First, the inclusion of Hamas
affiliates in the government may trigger an international aid boycott. Should this occur the programme would
need to liaise with its partners, including the programme donors, in order to decide upon any future action.
Second, steps to harmonise the legal systems in the West Bank and the Gaza Strip would need to follow the
formation of a national unity government. UNDP - with offices in Jerusalem, Ramallah and Gaza City - is wellplaced to respond to a future political agreement and to support harmonisation and reconciliation. Already, UNDP
is facilitating national debate and discussion on this issue through support to its civil society and university
partners. UNDP would also be able to draw on its global experience of supporting the harmonisation of political
and legal systems in post-conflict situations.
9. OPPORTUNITIES
In the last year, the UNDP Rule of Law & Access to Justice Programme has been able to position itself as a
trusted partner for both national institutions and civil society. Targeting both the supply- and the demand-sides
of the justice equation, the programme’s three-year duration and flexible approach have been highlighted as
important features that will enable and ensure continuity and sustainability.
Adhering to development principles
In accordance with the rights-based approach to development, the programme aims to promote international
human rights standards and accountability at all levels while simultaneously ensuring that national development
partners remain in the driving seat at each step of the way; striking the right balance between these objectives
while maintaining an inclusive and participatory approach is a challenging endeavour that requires sensitivity and
flexibility. However, as well as posing challenges, UNDP’s adherence to internationally recognised development
principles also constitutes a comparative advantage and has enabled the programme to secure the confidence of
its national partners and tackle sensitive technical areas of the rule of law and access to justice, such as ensuring
legal protection for victims of gender-based violence and building confidence between the government and civil
society.
Applying lessons learned and best practices
The programme is also able to draw from best practices and lessons learned from UNDP/BCPR’s Global
Programme on Strengthening the Rule of Law in Conflict- and Post-Conflict Situations, which links protection with
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the rule of law, and humanitarian action with the principles of early recovery and development. In this regard,
UNDP/BCPR has been able to assist the programme to identify programmatic gaps as well as future areas for
intervention.
Building trust and confidence
UNDP, as the development agency of the UN, is well-placed to build bridges between stakeholders, especially
between the government and civil society. This has been accomplished through a series of events convened over
the past year. By supporting national actors and stakeholders to strengthen the rule of law, the programme
strives to enhance good governance by providing a platform for dialogue between the PNA and CSOs as well as
among CSOs themselves, which often face financial pressures to compete with their counterparts. As well as
posing a challenge, the reconciliation agreement presents an opportunity to harmonise the Palestinian legal
system in the West Bank and the Gaza Strip. Should this agenda move forward, the programme would be well
placed to bring relevant actors together to support reunification in a manner which adheres to the principle of
the rule of law.
10. MONITORING & EVALUATION
The development and implementation of an effective monitoring and evaluation system is an integral component
of any good development programme; without effective monitoring, it would be impossible to judge if the
programme is going in the right direction, and whether progress and success can be claimed. Planning,
monitoring and evaluation processes are most effective when they involve stakeholders in a creative and
participatory process of learning about how to improve the programme on a continual basis.
UNDP employs a ‘managing for development results’ approach which stresses that monitoring is a continuous
undertaking: it cannot be carried out in isolation. Whenever possible, monitoring activities carried-out as part of
the Rule of Law & Access to Justice Programme are therefore carried out collaboratively and in cooperation with
partner organisations. Ideally, joint monitoring should be locally driven, with national partners guiding the
process. The ‘managing for development results’ approach has arisen in response to the global demand for
increased development effectiveness which has been based on, inter alia, a realisation that producing highquality deliverables is not enough. Attention must be centred on realistic and positive change which realises
results where they are most needed: in the lives of ordinary people.
Rigorous monitoring and evaluation assists UNDP to extract relevant information from past and ongoing activities
that can be used as the basis for programmatic fine-tuning, reorientation and future planning, and (re)aligning
the programme with national targets and priorities, a particularly important task given the volatile programming
context in the oPt. The programme seeks to measure the impact of its interventions at three main levels: at the
strategic, outcome, and output level.
The strategic level
At the strategic level, UNDP conducts regular internal reviews assessing the relevance and responsiveness of the
programme. An internal strategic review conducted in August 2011 identified that the programme is a highimpact intervention which is well received by partners in the PNA, civil society and international (donor and
development agency) community. It also made recommendations on the basis of which UNDP has fine-tuned its
approach. For example, the review found that over 90% of complaints regarding settler violence filed with the
Israeli police in recent years have been closed without indictment. Since the programme’s CSO partners did not
have sufficient in-house expertise needed to represent these cases (i.e. lawyers able to litigate in Israeli courts),
the programme issued a second call for proposals under the UNDP Civil Society Initiative, which it shared directly
with NGOs effectively addressing settler violence issues.
The outcome level
- 30 -
At the outcome level, UNDP aims to strengthen accountability by monitoring both the demand for justice
(measuring public confidence); and the supply of justice (tracking changes in the performance of justice sector
institutions). On the demand side, UNDP collects data through public perception surveys in both the West Bank
and Gaza. The first public perceptions survey was administered in mid-2011 with a sample size of 6,710,
providing for a margin of error of just 1.18% at the country-level and 6.0% at the governorate level. This survey
will be repeated every year, thereby enabling confidence in the justice sector to be measured over time. The
inaugural survey has generated programmatic recommendations, and statistical baselines against which impact
of ongoing and planned activities can be tracked.
On the supply side, UNDP monitors the performance of the justice system through the periodic collection of
justice sector data in collaboration with the Palestinian Central Bureau of Statistics. To date, the bureau has
conducted a literature review on governance and rule of law indicators, identified an initial list of indicators,
initiated dialogue with the users and producers of justice sector data, and commenced a round of meetings with
the various rule of law institutions to coordinate the collection of the required data. The Ministry of Justice, High
Judicial Council, Attorney-General’s Office and Palestinian Civil Police have all been engaged in this process. A
draft set of indicators will be discussed at a ‘users and producers’ workshop in February 2012, and the first
monitoring report will be published in mid-2012.
The output level
At the output level, UNDP aims to measure the impact of its interventions as a means of ensuring accountability.
The starting point for this exercise is the results and resources framework in the programme document, which
provides clear baselines and indicators for each of the five outputs. In line with the results and resources
framework and UNDP’s corporate framework for monitoring and evaluation, the programme has put in place a
comprehensive M&E plan which was endorsed by its development partners, including the programme donors, in
December 2010. This plan emphasises the importance of supporting national partners to define the results they
want to attain and - working in partnership with development agencies, civil society and other relevant
stakeholders - design policies and programmes to achieve those results. The programme aims to monitor and
evaluate the impact of its interventions under this framework while supporting its partners to do the same
through sustained capacity development support.
UNDP’s own monitoring activities include: field visits; interviews and focus group meetings with partners, their
clients and other stakeholders; and reviews of project-related documentation including progress reports. In this
regard, each programme partner is required to submit a mid-term narrative and financial report and a final
narrative and financial report upon the end of the agreement. The information collected will be used to produce
a final evaluation of the intervention for which the following template has been designed:
Output
Indicator
Target
Results
Deviation
Justification
Responsibility
Lessons Learned
This mechanism aims, first and foremost, to support national partners to identify capacity gaps and lessons
learned in order to strengthen future performance.
As noted above, the programme is also supporting its partner organisations to develop the capacity they need to
effectively monitor and evaluate their own interventions. This support includes training, mentoring and
monitoring. For example, the programme is assisting the Ministry of Justice in the area of monitoring and
evaluation by seconding an expert to develop a comprehensive monitoring and evaluation framework for the
Ministry while building the capacities of its permanent civil servants. In this regard, it is important to note that
assistance to justice structures and professional networks will not immediately elevate their performance to
impeccable practices in accordance with international standards, but will achieve gradual progress. After all,
assistance is especially required in situations and to institutions that operate imperfectly in non-conducive
environments, and these environments require time to change. Therefore, initially, progress cannot be measured
according to best practices (e.g. full compliance with international standards), but to individual changes made
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towards a long-term objective. The most relevant factor is whether there has been a reasonable degree of
positive change from the starting position.
11. PARTNERSHIPS
The establishment of multi-stakeholder partnerships is an increasingly important modus operandi throughout the
United Nations system. For UNDP, the establishment of strong, sustainable and enabling partnerships is core
practice and fundamental to the development process. Throughout the past year, the Rule of Law & Access to
Justice Programme has established a significant number of new partnerships while seeking to ensure that its
existing partnerships go from strength to strength.
However, the challenges involved in the establishment of effective development partnerships should not be
underestimated; each side of a development partnership brings to the table its own political and cultural
preconceptions. In addition, different development partners, such as international donors and national
institutions, face different constraints and hold different expectations. Thus, confidence-building, the creation of
an environment conducive to candid communication and the maintenance of a flexible approach are all critical to
achieving results. In this regard, the programme team has worked hard to be transparent, with every meeting
fully documented. There are also regular meetings of the Programme Board, which brings together the Ministry
of Justice, the programme donors, and UNDP.
With respect to its partnerships with national Palestinian institutions, the programme has benefited immensely
from the placement of UNDP staff members in the various rule of law institutions. This has allowed for enhanced
intra- and inter-institutional communication and increased sensitivity to the specific concerns of each body. In
this programme year, UNDP relations with the programme donors have continued to be positive yet challenging
as there are now four different donors, each of which brings its own interests to the table. The programme has
sought to find sensitive solutions to differing needs wherever feasible.
As noted above, 37 partnerships with CSOs were established in the last year. Feedback from CSO partners has
continued to be overwhelmingly positive and the programme’s consultation seminars and meetings are wellattended. A rigorous analysis of the programme’s support to civil society will be conducted in the next
programme year as the partnerships become better established.
The programme has also sought to lay the groundwork for the establishment of new partnerships that have the
potential to create high-level synergies. For example, discussions with the Office of the High Commissioner for
Human Rights are underway in relation to the implementation of the National Action Plan for Human Rights.
UNDP and OHCHR are already working together in the Gaza Strip on a pilot moot court project and would like to
continue to develop a relationship built upon comparative advantages and mandates.
12. SUSTAINABILITY
Development practitioners continually strive to ensure that development interventions are sustainable in the
long-term, even when international aid ceases. Thus, since programme implementation commenced, the core
principle underpinning every initiative has been the need to ensure sustainability. In the oPt, this task is
particularly complex as a result of the Israeli occupation and the consequent inability of the Palestinian
authorities to ensure sustainable economic growth or even to collect their own tax revenues. In order to
maximise the sustainability of the Rule of Law & Access to Justice Programme, even under the particularly
difficult conditions faced in the oPt, UNDP emphasises the importance of national ownership at each step of the
development process, and works to strengthen national capacities through each individual intervention.
For UNDP, the foundation for sustainability lies in fostering real partnerships with national institutions at all levels
of decision-making. UNDP’s role, particularly in relation to support to the Ministry of Justice, involves advising on
best practice and international standards rather than imposing an external vision. The programme document,
which was developed in partnership with the relevant justice institutions and civil society, is also flexible enough
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to allow for continued dialogue and discussion with all development partners and the realignment of priorities if
the need arises.
The programme’s engagement with the Ministry of Justice illustrates the manner in which it endeavours to
ensure sustainability. Each capacity development initiative, whether the establishment of training programmes or
the embedding of thematic exerts, is designed to yield results long after the Rule of Law & Access to Justice
Programme has come to a close. For example, the experts seconded to the Ministry are working hand in hand
with their permanent colleagues to enable them to develop the skills they need to formulate public policy on inter
alia, juvenile justice and gender justice. Equally, as the training programmes have been developed in partnership
with a leading national university in the form of an accredited diploma, they will be self-sustaining even after the
end of the programme.
13. FORECAST
While the 2012 annual work plan still has to be endorsed, it is evident that the programme will increasingly focus
on deepening existing relationships and consolidating the gains made. By placing particular emphasis on
monitoring and evaluation, UNDP intends to establish a clear link between past, present and future activities and
initiatives, and steadily build upon the lessons learned during the first year of implementation.
As highlighted in the internal strategic review, the first year was spent setting up the programme and developing
relationships; the coming year will be about implementing the programme further and putting in place
mechanisms to ensure that the programme is having a sustainable impact. Against the backdrop of an everchanging political context, continuous fine-tuning and (re)alignment with national targets and priorities will be
crucial.
On the supply-side of the rule of law equation, UNDP will continue to provide sustained capacity development to
the main rule of law institutions. As part of these efforts, UNDP will increasingly focus on further improving
relations between the Ministry of Justice, the High Judicial Council and the Attorney-General’s Office, especially
through the ten UNDP contract holders seconded to these three rule of law institutions. In addition, UNDP
intends to strengthen the linkages between the government, civil society and the general public, for example, by
organising joint workshops and strengthening the PNA’s public outreach.
On the demand-side of the rule of law equation, UNDP will continue to work with its CSO partners and
universities to improve access to justice at the grassroots level. In line with UNDP/PAPP’s Development for
Freedom agenda,30 UNDP will increasingly focus on strengthening legal aid provision in Area C and East
Jerusalem; developing the capacity of lawyers and NGOs to improve justice service delivery; and fostering
reconciliation and reintegration efforts between the West Bank and Gaza.
14. CONCLUSIONS
Ultimately, UNDP’s engagement in the rule of law sector is intended to provide justice and security to the
Palestinian people; as the Arab spring has demonstrated, the desire for these indivisible objectives is universal.
By promoting a rights-based approach to development programming, UNDP hopes to contribute to the
development of efficient and accountable rule of law institutions as well as a strong and vibrant civil society,
allowing Palestinians to exercise their fundamental rights and freedoms and, ultimately, live in freedom and
peace.
The protection and promotion of human rights constitute the foundation of any society that is based on the
principles of good governance and the rule of law. Indeed, human development and human rights are
interrelated, inter-dependent and indivisible. Human rights norms provide a framework for equality and nondiscrimination that, when objectively applied, ensures that the benefits of human development reach even the
30
Development for Freedom - Consolidated Plan of Assistance: 2012-2014 (UNDP/PAPP).
- 33 -
most disadvantaged people. Moreover, they add legitimacy to a focus on efficiency and delivery. As such, human
rights add the important ‘why’ to the ‘what’ and the ‘how’ when dealing with development and programming. 31
The strengthening of the rule of law to prevent, mitigate or recover from conflict entails a complex set of
interrelated problems: from concrete manifestations of violence and injustice to broader institutional gaps and
socio-economic needs. Hence, the international community is increasingly cognisant of the universal relevance
and importance of the rule of law. The UNDP Rule of Law & Access to Justice Programme in the oPt
demonstrates that rule of law activities can and should be an important component of UNDP’s engagement on
democratic governance and it is hoped that the programme will pave the way for the full mainstreaming of rule
of law activities in the early stages of recovery.
_________
31
UNDP Practice Note on Human Rights (April 2005).
- 34 -
ANNEX I
UNDP Rule of Law & Access to Justice Programme in the oPt
Financial Report (per 31 December 2011)
Award ID
00057409
Currency
US$
Donors
Canada, Sweden, Netherlands Japan, BCPR
CIDA/Canada
6,016,159.88
Sida/Sweden
3,309,042.14
NRO
2,190,588.00
Japan
756,276.00
BCPR
501,000.00
Total
12,773,066.02
Output 1: Rule of law institutions strengthened (00070906)
Categories
Year 2010
Year 2011
International Personnel Costs
250,260.47
Local Salaries – Individuals
247,394.86
801,895.21
Contractual Services and Agreements
290,011.45
1,434,154.55
Vehicles
Office Rent
Travel & Tickets
Telephone Charges
Learning Costs
341,680.93
73,900.00
-
-
50,048.78
21,698.07
60,000.38
2,250.72
12,349.13
16,715.54
2,254.80
Stationary
2,615.10
85.27
Staff training
1,073.79
7,949.45
Office Supplies & IT Equipment
21,165.84
2,558.24
Contribution to Security Costs
15,998.08
9,817.30
Miscellaneous
29,893.08
22,189.67
GMS (7%)
TOTAL
68,108.39
192,148.78
1,041,085.39
2,937,132.49
Output 2: Access to justice enhanced (00075076)
Categories
Year 2010
International Personnel Costs
Year 2011
-
Local Salaries – Individuals
Contractual Services and Agreements
Travel & Tickets
Miscellaneous
GMS (7%)
TOTAL
16,500.00
16,500.00
17,269.97
-
1,872,075.00
965.00
-
-
2,547.03
1,222.55
133,587.00
18,687.55
2,041,979.00
Output 3: Gender & juvenile justice improved (00075362)
Categories
Year 2010
International Personnel Costs
Year 2011
36,669.56
Local Salaries – Individuals
Contractual Services and Agreements
Miscellaneous
GMS (7%)
TOTAL
20,798.25
5,741.05
31,400.00
-
462,291.20
-
723.00
2,968.74
36,064.00
45,379.35
551,276.45
Output 4: Rule of law in Gaza initiated (00075363)
Categories
Year 2010
Year 2011
Local Salaries – Individuals
-
34,276.00
Contractual Services and Agreements
-
1,090,885.17
Office Rent
7,340.91
-
Insurance
2,190.85
1,504.71
Miscellaneous
GMS (7%)
TOTAL
-
229.95
667.22
49,274.00
10198.98
1,176,169.83
Output 5: Confidence-Building among stakeholders promoted (00075364)
Categories
Year 2010
Contractual Services and Agreements
Year 2011
40,000.00
GMS (7%)
TOTAL
GRAND TOTAL
- 35 -
202,709.00
2,800.00
34,000.00
42,800.00
236,709.00
1,158,151.27
6,943,266.77
ANNEX II
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
Addameer Prisoner Support and Human Rights Association
Aisha Women and Child Protection Association
Al-Atta Benevolent Society
Al-Dameer Association for Human Rights
Al-Mezan Centre for Human Rights
Al-Haq - Law in the Service of Man
Al-Saraya Centre for Community Services
Btselem - The Israeli Information Centre for Human Rights in the Occupied Territories
Centre for Women’s Legal Research & Consulting
Coalitions for Justice
Community Media Centre
Culture and Free Thought Association
Defence for Children International/Palestine
Democracy and Workers Rights Centre
Gisha - Legal Centre for Freedom of Movement
Hadaf Centre for Human Rights
Hamoked - Centre for the Defence of the Individual
Hebron Rehabilitation Committee
Israeli Committee against House Demolitions
Jerusalem Centre for Women
Jerusalem Legal Aid and Human Rights Centre
Juhoud for Community and Rural Development
Musawa - The Palestinian Centre for the Independence of the Judiciary
National Society for Democracy and Law
Palestinian Centre for Communication and Development Strategies
Palestinian Centre for Democracy & Conflict Resolution
Palestinian Centre for Human Rights
Palestinian Working Women Society for Development
Palestinian NGO Network - Gaza
Physicians for Human Rights
Public Committee against Torture in Israel
Stars of Hope Society
Union of Women Programs Centres
Women Affairs Centre
Women for Life
Women’s Affairs Technical Committee
Women’s Centre for Legal Aid and Counselling
- 36 -
ANNEX III
The UNDP Eight Point Agenda:
Women’s Empowerment and Gender Equality in Crisis Prevention and Recovery
1. Strengthen women’s security in crisis: stop violence against women.
2. Advance gender justice: provide justice and security for women.
3. Expand women’s citizenship, participation and leadership: advance women as decision-makers.
4. Build peace with and for women: involve women in all peace processes.
5. Promote gender equality in disaster risk reduction: support women and men to build back better.
6. Ensure gender-responsive recovery: promote women as leaders of recovery.
7. Transform government to deliver for women: include women’s issues on the national agenda.
8. Develop capacities for social change: work together to transform society.
_________
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