ATTACHMENT_J_6_PA_Cross-SectoralNational_Gender_Strategy_2011_2013.pdf

C ross-Sectoral N ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

ن 2013-2011 سي

جن ن ال

ساواة والعدالة بي م

طاعية لتعزيز ال طنية عبر الق

جية الو ستراتي

وثيقة الإ

السلطة الوطنية الفلسطينية وزارة شؤون المرأة

Cross-Sectoral National Gender Strategy:

Promoting Gender Equality and Equity

2011-2013

وثيقة الإستراتيجية الوطنية عبر القطاعية لتعزيز المساواة والعدالة بين الجنسين

2013-2011

Palestinian National Authority Ministry of Women’s Affairs ro ss -S ec to ra l N at io na l G en de r St ra te gy : P ro m ot in g G en de r Eq ua lit y an d Eq ui ty

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Palestinian National Authority Ministry of Women’s Affairs

Table of contents

Foreword

Introduction & methodology

The Strategy’s points of reference

Strategic objectives, policies and interventions

Monitoring & evaluation

Annexes

Vision statement for the sector

National mechanisms in support of citizenship rights and gender

Situation analysis

Basic principles of the Strategy ss -S ec to ra l N at io na l G en de r St ra te gy : P ro m ot in g G en de r Eq ua lit y an d Eq ui ty

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Preface ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

Foreword

This Cross-Sectoral National Gender Strategy is part of national efforts, supported and endorsed by the Council of Ministers, to develop various sectoral and cross-sectoral strategies for the period 2011-2013 in order to serve as a cornerstone for the development of the Palestinian Development Plan for the next three years.

The content of this 2011-2013 Cross-Sectoral National Strategy reflects the Palestinian Authority’s (PA) commitment to equality and equity, respect for human rights, and active involvement in eliminating all forms of gender-based discrimination. The government’s commitment to gender issues is reflected in their presence on the national agenda. In order to translate such commitment into practical and tangible forms, a national cross-sectoral gender strategy has to be formulated.

This Strategy serves to respond to the real needs and solve problems preventing women from enjoying an equal status alongside men in Palestinian society, and to help achieve the third Millennium Development Goal (MDG3), “Promote gender equality and empower women,” which is consistent with the goals of the PA Ministry of Women’s Affairs (MoWA).

The Strategy highlights multiple challenges requiring full cooperation and coordination between various public institutions, NGOs and the private sector, as well as international and regional organizations supporting women’s issues. To this end, MoWA is looking forward to forging close cooperation links with all relevant stakeholders concerned with genuine equality of all citizens irrespective of race, gender or religious beliefs.

Such cooperation will necessarily help create a broad base of knowledge, understanding and commitment to the Strategy among all stakeholders.

The Strategy document seeks to promote gender equity and equality by addressing priority gender-related problems. It offers guidance for reducing gender gaps and serves as a reference for developing programs, projects and appropriate gender-responsive actions that would positively influence the living and working conditions of both men and women with equity and equality. It further serves as a basis for advancing the status of women in the society and providing equal opportunities to all citizens in accordance with their varying abilities, skills and conditions.

Finally, I would like to thank all of those whose contributions made this Strategy possible. Special gratitude is due to the United Nations Development Fund for Women (UNIFEM, now part of UN WOMEN) for its continuous support to MoWA. We would also like to express appreciation to all individuals who have contributed to the development of this Strategy in MoWA, the Ministry of Planning and Administrative Development (MoPAD), and all public institutions, NGOs and private sector agencies.

Wishing success to all efforts in support of women’s issues, Rabiha Diab Minister of Women’s Affairs ss -S ec to ra l N at io na l G en de r St ra te gy : P ro m ot in g G en de r Eq ua lit y an d Eq ui ty

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Groups involved in developing the Cross-Sectoral National Gender Strategy

C ro ss -S ec to ra l N at io na l G en de r St ra te gy : P ro m ot in g G en de r Eq ua lit y an d Eq ui ty

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Ms. Alia El-Yassir UNIFEM, now part of UN WOMEN Head of Office

Ms. Yolanda Iriarte UNIFEM, now part of UN WOMEN Gender Equality Adviser

Ms. Luna Saadeh UNIFEM, now part of UN WOMEN Gender-based Violence Consultant

Ms. Carol Ziadeh

UNDP/PAPP

Ministry of Women’s Affairs

HE. Rabeeha Diab Minister of Women’s Affair

Ms. Fatina Wathae’fi Head of the Planning Team

Ms. Fatima Radaedeh

Ms. Somod Elhamdalla

Ms. Nabilah Rizq

Mr. Amin Assi

Ms. Fatima Al Batmeh

Ms. Razan Mousa

Ms. Lamis Al Saifi

Mr. Nedal Ka’kban

Ms. Majeda Ma’rouf

Ms. Tha’era Mohamad

Mr. Sami Sehwail

Ms. Aziza Assaf

Ms. Marlain Al Rabadi

Ms. Manar Natour

Mr. Amjad Zaedat

Ms. Wafa Al A’araj

Ms. Elham Sami

Ms. Amal Abu Shanab

Ms. Shereen Abu Rob

Ms. Rola Hanna

Mr. Rami Zaqqut

Ms. Ms. Jalwah Badr Ministry of Detainees & Ex-Detainees Affairs

Ms. Amal Hammad Ministry of Education & Higher Education

Ms. Mazena Abu Hakmah Ministry of Finance

Dr. Suzan Abdo Ministry of Health

Ms. Nariman Awwad Ministry of Information

Ms. Nehad Wahdan Ministry of the Interior

Ms. Amal Abu Sbaih Ministry of Justice

Ms. Iman Assaf Ministry of Labor

Ms. Fatima Shana’a Ministry of National Economy

Ms. Manal Zetawi Ministry of Planning & Administrative Development

Mr. Mahomud Ataya Ministry of Planning & Administrative Development

Ms. Shahenaz Saleh Ministry of Planning & Administrative Development

Ms. Randa Taher Ministry of Public Works & Housing

Ms. Nawal Al Tamimi Ministry of Social Affairs

Ms. Mas’ade Muaddi Ministry of Youth and Sport

Ms. Hanan Al Dureidi Refugee Affairs Department

Ms. Ahed Abu Amshah Financial & Administrative Control Bureau

Ms. Hayat Al Bazzar Council of Ministers

Ali Abu Diak Ministry of Justice

Ahlam Odeh Ministry of Agriculture

Maram Sawalha Ministry of Agriculture

Abeer As-Shawa Ministry of Transportation

Linda Jadalla Ministry of Transportation

Hanin Al-Masri Ministry of Agriculture

Shurouq Abdul-Khaleq Ministry of Youth and Sports

Hidata Qar’an Ministry of Economy

Ghada Al-Hitan Ministry of Education

Nihad Abu Ghazaleh Ministry of Education

Manal Al-Turk Ministry of Labor

Shahinaz Saleh Ministry of Planning

Fadileh Abdul-Hafeeth Ministry of Toursim

Faimah Ahmad Sa’id ‘Asqool Ministry of Waqf

Jawad Abu Zahra Ministry of Communication

Rabi’a Mahmoud Ministry of Youth and Sports

Iman Jarrar Ministry of Agriculture

Ms. Zahira Kamal

UNESCO

Ms. Marina Juan Oliva EU Commission Technical Assistance Office

Ms. Sima Al Alami

UNFPA

Mr. Ziad Sharia Netherlands Representative Office to the PA

Ms. Rea Bonzi

UNRWA

Ms. Suhair Sawalha

UNRWA

Mr. Riham Jafari

UNRWA

Ms. Sige Wennesland

UNRWA

Mr. Charles St. Goerge

UNRWA

Ms. Aisha Al Refa’e

UNRWA

Ms. Beatriz Perezmena

OHCHR

Ms. Mary Koussa World Bank

Ms. Hanna Nakleh MDG Fund

Ms. Samar Samarah MDG Fund

Mr. Hanan Jayyous

ILO

Local Organizations

Ms. Mariam Salah Women Program Center

Ms. Khadejeh Radaedeh Union of Women’s Committees for Social Work

Ms. Ahlam Samhan General Union of Palestinian Women

Ms. Enaya Kaed General Union of Palestinian Women

Ms. Mona Al Nammoura General Union of Palestinian Women

Ms. Lucy Thaljiyeh We’am Center

Ms. Sahar Qawasmi We’am Center

Ms. Khawla Al Azrak Psycho-Social Counseling Centre for Women

Dr. Islah Jad Birzeit University, Director of Women’s Studies Institute

Ms. Rose Shomali General Director, Women’s Affairs Technical Committee

Ms. Nehaya Mohamad Al Najda Association

Ms. Fatima Al Muaqqat Maintenance Fund

Ms. Zahira Kamal Palestinian Women’s Research and Documentation Center

Ms. Rania Sinjelawi Women’s Centre for Legal Aid and Counseling

Ms. Suraida Abed Hussain Women’s Centre for Legal Aid and Counseling

Mr. Hani Awad

PYALARA

Ms. Evin Al Ja’bari Tawasol Center

Ms. Afaf Ghatasheh Union of Palestinian Working Women’s Committees

Mr. Kifah Al Ja’bari Happy Homes Society for Culture & Development

Ms. Ohaila Shomar Sawa

Ms. Lamis Al Hantuli Miftah

Ms. Do’a Wadi Business Women Forum - Palestine

Mr. Issam Al Arouri The Palestinian NGO Network

Mr. Mustafa Al Khawaja Palestinian Central Bureau of Statistics

Mr. Ashraf Hamdan Palestinian Central Bureau of Statistics

Ms. Nida Abu Zanat Palestinian General Federation of Trade Unions

Sheikh Ibrahim Awadallah Palestinian Dar Al-Efta’

Ms. Sa’ida Al Atrash Mehwar Center

Ms. Khitam Sa’afeen Union of Palestinian Women Committees Society

Ms. Sawsan Shunnar Palestinian Federation of Women’s Action Committee

Ms. In’am Al Batal Al Najda Association

Ms. Khadejeh Husain The Independent Commission for Human Rights (ICHR)

Mr. Salah Abdul-Atti The Independent Commission for Human Rights (ICHR)

Ms. Muntaha Jarrar Al Budeiri Arab Women’s Union Society

Ms. Amneh Al Rimawi Palestinian General Federation of Trade Unions

Ms. Marina Zayed Juzoor Foundation for Health & Social Development

Ms. Ibtisam Zedan Palestinian Women Struggle Committee Union

Ms. Fatima Mizher Palestinian Women Struggle Committee Union

Ms. Fawziyeh Judeh Palestinian Women Struggle Committee Union

Ms. Huda Hamoudeh Palestinian Woman’s Information & Media Center

Ms. Manal Awad Bader Association

Ms. Iktimal Hamad Union of Palestinian Women’s Committees Society

Mr. Ghasan Abu Hatab Centre for Development Studies

Ms. Amal Hamad General Union of Palestinian Women

Ms. Azhar Abu Sha’ban The Palestinian Developmental Women Studies Association

Ms. Huda Ilayan Association of Women’s Committees for Social Work

Ms. Maha Abu Ramadan Union of Women’s Committees for Social Work

Ms. Amal Abu Eisheh Development and Gender As-sociation

Ms. Hanin Abu Nahleh Sharek Youth Forum

Ms. Zainab Al-Ghuneimi Legal Consulting Center for Women

Ms. Hanan Ahmad Siam Palestinian Working Women’s Society for Development

Ms. Faten Al Bayoumi Women’s Affairs Technical Com-mittee

Ms. Lina Jadallah Women’s and Children’s Department

Multilateral and Bilateral Organizations

Other Palestinian Authority Ministries ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

C ross-Sectoral N ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

Acronyms

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CSNGS Cross-Sectoral National Gender Strategy

FIDA Palestinian Democratic Union

ILO International Labour Organization

MDG Millennium Development Goal

MoEHE Ministry of Education and Higher Education

MoH Ministry of Health

MoI Ministry of Interior

MoJ Ministry of Justice

MoL Ministry of Labor

MoLG Ministry of Local Governance

MoNE Ministry of National Economy

MoPAD Ministry of Planning and Administrative Development

MoSA Ministry of Social Affairs

MoWA Ministry of Women’s Affairs

MoYS Ministry of Youth and Sports

NGO Non-Governmental Organization

OCHA United Nations Office for the Coordination of Humanitarian Affairs

OHCHR Office of the High Commissioner for Human Rights oPt occupied Palestinian territory

PCBS Palestinian Central Bureau of Statistics

PDP Palestinian Development Plan

PLC Palestinian Legislative Council

PLO Palestinian Liberation Organization

PA Palestinian Authority

PNC Palestinian National Council

PRDP Palestinian Reform and Development Plan

TVET Technical and Vocational Education and Training

UN United Nations

UN WOMEN United Nations Entity for Gender Equality and the Empowerment of Women

UNDP/PAPP United Nations Development Programme / Programme of Assistance to the Palestinian People

UNESCO United Nations Educational, Scientific and Cultural Organization

UNIFEM United Nations Development Fund for Women, now part of UN WOMEN

UNRWA United Nations Relief and Works Agency for Palestine Refugees in the Near East

VAW Violence against Women ss -S ec to ra l N at io na l G en de r St ra te gy : P ro m ot in g G en de r Eq ua lit y an d Eq ui ty

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Introduction & methodology ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

Introduction & methodology

Women suffer from apparent discrimination in all aspects of life, as indicated in various studies and data published by the Palestinian Central Bureau of Statistics (PCBS). This discrimination is incompatible with the provisions of international conventions and treaties as well as the Palestinian Basic Law on gender equality, equity of the sexes and equal citizenship of males and females. Were planning for the national development process not to take gender issues into consideration, it would remain distorted and incomplete, preventing women’s real participation in the development process and weakening the utilization of women’s valuable contributions on an equal footing with men.

Real and sustainable human development requires focus on the active participation of women in all economic, social, political and cultural spheres. This in turn requires mainstreaming gender issues in all state plans and programs to bridge the gender gap in various fields of life and in order to ensure that national development goals respond to the practical and strategic aspirations and needs of both male and female citizens.

The women’s sector is considered “cross-sectoral”, suggesting that the different partners in all ministries have an important role to play in bridging gender gaps. Successful strategic plans that adopt the principle of equal citizenship should address the root causes of gender gaps in a way that pays due attention to the visions, expectations and needs of male and female citizens in all social groups. To do so requires the investment of capacities and efforts in all of the different sectors and at all governmental and non-governmental levels, to ensure women’s participation in the preparation, drafting, implementation and evaluation of different sectoral plans and strategies.

The process of gender mainstreaming requires clear political commitment and affirmative action policies aimed at women. It also requires the allocation of human and financial resources, ongoing monitoring and evaluation, and holding all officials in all state institutions accountable for the outcomes of the mainstreaming and progress in bridging gender gaps.

Palestinian civil society is vibrant and the Palestinian women’s and human rights organizations are strong and active. There are numerous studies describing the situation of Palestinian women, their struggles and their participation at all levels of society. Since the creation of the Palestine Liberation Organization (PLO) and since the Palestinian Declaration of Independence, political leaders have focused on the roles played by Palestinian women in the national struggle and in different political, economic and social fields. However, gender issues have not been systematically mainstreamed in the strategies or action plans of the different ministries. In addition, the Israeli occupation and its various arbitrary practices in the West Bank (including East Jerusalem) and the Gaza Strip pose significant challenges for institutional work and development, especially in light of Palestinian divisions that include the schism between the West Bank and Gaza Strip as well as the geographic fragmentation caused by the Barrier and checkpoints. Recent political and economic challenges, combined with changes within MoWA and five women ministers having taken office over a short period of time, have made it difficult to ensure adequate and effective coordination for the mainstreaming of gender issues in the plans and programs of various ministries within realistic strategic objectives and with the provision of the required human and financial resources to achieve them.

Gender units were created in 24 ministries and governmental institutions shortly after their establishment. MoWA was established in mid November 2003 and its organizational structure was endorsed by the Prime Minister on 12 April 2004 in session No. 6/07/CM/AQ of 2004 with the aim of ensuring harmonized and coordinated action by all ministries and governmental bodies on gender mainstreaming in all sectors. Over the past few years, there has been improved women’s representation in technical and senior positions in the different governmental institutions and an increased proportion of female staff in the public sector. Furthermore, the Council of Ministers’ decision No. 01/05/13/CM/SF of 2009 was issued on gender mainstreaming in budgeting processes. A number of training courses were held on gender issues, international conventions on women’s issues and gender-sensitive budgeting. All of the above developments provide additional strengths that can help this Strategy achieve its goals.

The present Strategy is based on the importance of joint work among the different sectors towards the mainstreaming of gender issues with focus on specific strategic objectives for the period 2011-2013 to be pursued jointly by MoWA and other ministries, in cooperation with women’s movements and civil society.

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The development of the Strategy adopted the following methodology:

1. A national team composed of public, NGO and private sector actors was created to provide leadership and direction for the development of the Strategy.

2. A technical team composed of MoWA staff was created to cooperate in the collection and provision of various sectoral information to help develop the situation analysis for the Strategy.

3. The first meeting of the national team was held on 7 October 2009 to discuss the duties and powers of both the national and technical teams. In addition, the work plan for the development of the Strategic Plan was presented.

4. A comprehensive review was carried out of the Palestinian Reform and Development Plan (PRDP) 2008-2010 and the sectoral plans developed by a number of ministries, in addition to a review of recently published literature, research and analyses on the situation of Palestinian women, particularly the publications of the Palestinian Central Bureau of Statistics (PCBS).

5. A working paper and concept note were developed on the methodology to be used for the development of the Cross-sectoral Strategy and discussed with the national team on 21 December 2009.

6. Based on the most recent statistics, an analytical report on the situation of women in major sectors was developed.

The national team also developed sectoral studies based on published literature on the situation of women in the corresponding sectors. These papers were used as a basis for discussion in workshops aimed at identifying the different priorities for the Strategy. A presentation on central issues facing women in the social, economic, political and cultural spheres was developed and augmented by available statistics.

7. On 20 December 2009, a workshop was conducted for representatives of women’s organizations and civil society organizations from Jerusalem and various parts of the West Bank. The situation of Palestinian women was presented and participants worked in five small groups to identify priorities from a gender perspective in the following categories:

economy, employment and poverty; health and education; citizenship rights and nationality law; family law and penal code; and women’s political rights and political representation. Participants first identified priorities individually, allowing for reflection on priorities in different fields. They then discussed them within their small groups and each group agreed on the three top priorities for its sector. The groups also identified necessary interventions at the governmental and non-governmental levels required to change and bridge gender gaps in laws, regulations and policies that discriminate against women. The interventions identified also addressed changes needed in the structures and systems of enforcement for these laws, regulations and policies as well as corresponding changes that would need to take place in community, institutional and public culture.

8. On 23 December 2009, a meeting was held for gender units in various ministries with the Strategy development team.

The team presented the situation of Palestinian women as well as ways to mainstream gender issues in general planning and questions to raise to ensure gender mainstreaming across different sectors. Participants then worked in groups to agree on sectoral priorities and governmental interventions. More time was needed to accomplish these tasks, so another workshop was set for 3 January 2010.

9. On 3 January 2010, a full-day meeting was held with gender units from the different ministries. Working in groups, participants identified priority actions for gender mainstreaming in the different sectors and interventions needed in laws, policies, systems, structures and institutional culture to facilitate proper gender mainstreaming. This process was based on detailed sectoral studies on the situation of women developed by the technical team and MoWA studies department.

10. On 4 January 2010, a meeting was held with women’s and civil society organizations in the Gaza Strip, where participants worked in groups to identify priority actions and interventions in the different sectors and at different levels, in addition to expected obstacles and proposed solutions. Group work was also based on the aforementioned sectoral studies.

11. Three workshops were held with the participation of MoWA general directors, directors and a number of staff members in which the outcomes of the aforementioned workshops were discussed. Strategic objectives and the policies and activities required to achieve them in the period 2011-2013 were formulated and policies, interventions and activities required for the implementation of the goals of the Cross-sectoral Gender Strategy were discussed.

12. The first draft of the Cross-sectoral Strategy was developed and sent by the Ministry of Women Affairs (MoWA) on 10 January 2010 to MoPAD and the national team for their feedback. It was also discussed by the Higher Commission at MoWA.

13. On 2 February 2010, the draft Strategy was discussed in a meeting with MoPAD and suggested modifications were incorporated.

14. A number of individual meetings and consultations were held with some ministerial officials and heads of national teams working on the development of sectoral strategies in order to discuss the plan, its policies and activities. These consultations involved officials from the Ministry of Education and Higher Education (MoEHE), Ministry of Labor (MoL), Ministry of Youth and Sports (MoYS), Ministry of Health (MoH), Ministry of Social Affairs (MoSA), Ministry of Interior (MoI), Ministry of Justice (MoJ), Ministry of National Economy (MoNE), and MoPAD. All of the officials expressed a willingness to include the different sectoral issues and interventions in the plans of their respective ministries.

15. On 9 February 2010, the Strategy was presented to a number of international donors for discussion and feedback.

16. On 1 March 2010, the Cross-sectoral Strategy was presented and discussed in a workshop with women’s organizations.

ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

17. On 10 March 2010, the plan was sent to the national team, before submitting its final version to the Council of Ministers for approval.

This Strategy covers the period 2011-2013. It will be evaluated on an annual basis in order to incorporate the necessary modifications in light of identified deficiencies and emerging needs.

The formulation of this Cross-Sectoral Strategy is based on an institutional analysis of ministries from a gender perspective and seeks to provide guiding principles on how to consider gender issues in the development work of the different ministries. These preliminary efforts will allow the adoption of an effective institutional approach to gender issues by the different ministries involved

The Strategy’s points of reference

The Strategy’s points of reference

• The Declaration of Independence adopted by the Palestinian National Council in 1988, which forbids gender-based discrimination in general rights.

and conferences, including CEDAW.

budgeting.

Basic principles of the Strategy

Basic principles of the Strategy The Strategy relies on a set of basic premises and principles, including:

1. Supporting policy development on the basis of national laws and international standards.

2. Promoting the concepts of democracy, equity and justice.

3. Providing protection to Palestinian women at the national level.

4. Strengthening women’s representation in national bodies by ensuring their involvement in decision-making positions at all legislative, executive and judicial levels.

5. Acknowledging women’s roles in all sectors as a basic prerequisite for achieving democracy and human development.

6. Promoting women’s rights as an integral part of human rights.

7. Strengthening cooperation and partnership between Palestinian public institutions and civil society organizations, as well as with relevant Arab and international organizations to ensure awareness of women’s issues and reinforce relevant experiences and actions.

8. Addressing social and cultural constraints related to women’s issues, particularly violence against women (VAW) in the public and private spheres.

9. Addressing gender issues as cross-sectoral issues and holding local and international organizations accountable with regard to gender equality.

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Vision statement for the sector A democratic society living in a climate of social justice, where men and women, girls and boys, enjoy equal citizenship rights and equal opportunities in the public and private spheres seeking to build an independent state that effectively and efficiently invests in the abilities and potentials of its male and female citizens for achieving just and sustainable development that broadens the choices of people, with all members of society taking part in it and enjoying its fruits.

Vision statement for the sector ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

Situation analysis

Situation analysis

Up to now, Palestinian women still face many challenges in the field of gender equality. At one level, women face challenges resulting from discriminatory laws, regulations, and policies in force, including a lack of effective representation in the structures that enforce them.

The prevailing culture in Palestinian society further reinforces traditional norms of patriarchal dominance and stereotypes in dealing with women. At another level, women, both in the same way as men, but in even harsher ways at times, face problems and barriers created by the Israeli occupation’s arbitrary and oppressive measures, frequent invasions and violations of fundamental human rights. Additionally, the division in Palestinian society following the second legislative elections, which led to the separation between the West Bank and Gaza Strip, has increased the severity of problems in the oPt.

Discrimination against women in laws and regulations and the impact of this discrimation on women must also be addressed from the perspective of the Israeli occupation’s ability to restrict PA powers and capacity to control various fields of daily Palestinian life, especially with regards to the personal security of all Palestinians.

The geographic area in which PA jurisdiction extends lacks contiguity and is fragmented by hundreds of military checkpoints, crossings and administrative obstacles. These military checkpoints, in addition to the Barrier that separates the oPt, have been a major impediment to Palestinians’ freedom of movement on their land and their sense of personal security, which has lead to devastating effects on the Palestinian economy (World Bank Report 2009, as well as OCHA publications). Israel also implements policies that restrict the planning and zoning of Palestinian communities, limiting Palestinians’ use of land and resources on more than 60 percent of the West Bank classified as Area C in the Oslo Accords. Israel bans all Palestinian construction in about 70 percent of Area C. The increasing number of Israeli barriers and checkpoints, in addition to the construction of the Barrier, which will affect the lives of one third of the Palestinian population upon its completion, aggravate the living conditions of Palestinians in general and women in particular. Women suffer disproportionately from separation from their families, agricultural lands, water sources and schools. A large number of women have also been denied access to hospitals and health clinics, resulting in the death of many women and babies.

Palestinian women in the West Bank (including East Jerusalem) and the Gaza Strip remain subject to discriminatory family laws that regulate marriage, divorce and child custody. Domestic violence and violence against women (VAW) in general, which have increased in recent years, pose significant challenges.

There are numerous examples of discriminatory legislation in force, as well as cultural norms and traditions such as those governing the issues of inheritance, maintenance, property, and available education and employment opportunities, that prevent women’s economic empowerment and make them more vulnerable to poverty. In addition, the structural distortion of labor markets and the concentration of women in certain economic sectors but not others, are among the main reasons leading to the economic marginalization of women.

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Citizenship rights: Citizenship rights are ”the legal procedures set to define the nationals of a State...with standards outlining the rights and duties of citizens in their relationship with the state,” and “thereby citizenship determines what a person means under the law”.1

Citizenship rights also constitute ”a set of legal, political, social, economic and cultural practices”. Since the right of return for Palestinian refugees has been deferred to part of the final status negotiation issues, the Basic Law reflects the PA’s inability to define who is a Palestinian.

Nevertheless, Article 12 of the Basic Law of 2003 granted women, for the first time, the right to pass their nationality on to their children (PCBS, 2008).

The Palestinian Basic Law, ratified in 2002 and amended in 2003 and 2005, is the main reference point for legislation in the oPt. It serves as a temporary constitution until the time when Palestinian statehood is realized, at which time the third draft of the amended Palestinian constitution will be adopted.

Article 9 of the Basic Law states that “Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability”. Article 10 states that “basic human rights and liberties shall be protected and respected” and that “the Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights”. Article 4 states that “the principles of Islamic Shari’a shall be a principal source of legislation”. It is noteworthy here that some laws enacted by the Palestinian Legislative Council (PLC) indicate that the terms "citizen", "employee" or "person" refer to both women and men, reflecting the position of the Palestinian legislature in addressing male and female citizens from a perspective of equality. Article 19 of the draft Palestinian constitution maintains that the term "Palestinian" or "citizen"refers to both males and females. The Palestinian elections law applied in 1996 defines citizenship by descent from a Palestinian father or a Palestinian mother. The labor law of 2000 also prohibits gender-based discrimination.

However, in order to ensure that the Palestinian Basic Law or Constitution does not discriminate effectively between males and females, Article 11 of the Basic Law should be amended to ban discrimination before the law as well as in the law. Thus male and female citizens would be able to attend courts without any discrimination and be subjected to non-discriminatory laws and regulations. However, laws applicable in the oPt do not criminalize acts of gender-based discrimination. In addition, Palestinians are still subject to different sets of laws that govern their lives: PA laws, Jordanian laws, Egyptian laws and Israeli occupation laws. At times and in certain cases, they are also subject to Ottoman laws.

Although a unified judicial system was adopted in 2002 in preparation for the adoption of a unified set of laws covering all Palestinians, the conditions mentioned above have obstructed these efforts. In addition, the adverse conditions prevailing in the oPt over the past years have prevented the discussion of major legislation affecting the lives of women, including the Palestinian nationality law.

Nationality laws: Palestinian women do not enjoy equality in the applicable nationality laws. The Jordanian law No. 6 of 1945 is still applicable in the West Bank and the Egyptian nationality law in the Gaza Strip. Both laws do not afford women the right to grant their nationality to their husbands or children. In addition, both laws deny a married woman the right to keep her nationality unless she applies to the authorities requesting to maintain her nationality within a period not exceeding one year from the date of her marriage. However, the Palestinian authorities do not enforce this system and do not deny Palestinian nationality to Palestinian women married to foreigners. Although a draft Palestinian nationality law has been prepared, this law has yet to be discussed in the PLC for political reasons pertaining to the final status negotiations, the situation of Palestinians in exile and the borders of the Palestinan State.

Marriage to foreigners: Thousands of male and female Palestinians are married to foreigners. Although the Israeli occupying authorities granted Israeli IDs to foreigners who were present in the oPt in 1967, Israel has been obstructing family reunification procedures for years.

They deny foreign women married to Palestinians from such IDs and grant them only residency permits for limited periods of time. When Israeli authorities do offer an Israeli ID to a foreigner married to a Palestinian, the foreigner is required to forfeit his or her original nationality and is not allowed to travel through Ben Gurion Airport. There are more than 600 foreign women married to Palestinians in Gaza and an even greater number in the West Bank, all of whom have no IDs (Palestine Our Home Foundation, 2003).2

1 www.undp-pogar.org/publications/gender/suad/gendera.pdf 2 Israel is the one to grant the permission for the Israeli ID, The Palestinian passport is a mere translation of the Israeli ID, and it is Israel who grants the permis-sion for any Israeli ID. No Palestinian passport can be granted for anybody who does not hold an Israeli IS. All Palestinians living in the Palestinian Occupied territories were given Israeli IDs after the 1967 occupation.

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Marriage to Palestinians from the 1948 areas and from Jerusalem: Palestinians married to spouses from the Palestinian areas occupied in 1948 face the problem of not being able to obtain Israeli nationality. Although the Israeli nationality law of 1952 granted Israeli nationality to Palestinians who remained in Palestine in 1948, it denied them the right to grant this nationality to their spouses and children. The Israeli government has continuously enacted laws and temporary orders that prevent Palestinians from the West Bank and the Gaza Strip married to Palestinians holding an Israeli passport or Jerusalem ID from obtaining nationality or residency rights. In 2004 alone, this affected around 21,000 families3.

On 15 May 2005, the Israeli Knesset approved the resumption of the application of these orders for women over 25 years old and for men over 35 years old. In addition, marriage between Palestinians in the West Bank and those in the Gaza Strip has also become a problem as a result of the Palestinian divide, denying Palestinians the ability to visit their relatives and causing further disintegration of families.

Palestinians from Jerusalem also face discriminatory citizenship laws that have resulted in the disintegration of thousands of families. Discrimination against Palestinians in Jerusalem involves gender-based discrimination as well as the lack of access to justice in the absence of legal instruments to confront discriminatory and oppressive measures and policies. Since the occupation of Jerusalem in 1967, and in breach of international law and the Geneva Conventions, Israel deals with Palestinian Jerusalemites as permanent residents with no citizenship rights. Palestinian residents of Jerusalem are required as a matter of policy to provide Israeli authorities with adequate proof that their center of life is within the municipal borders of Jerusalem or they face the revocation of their IDs (the documents that give them the right to movement, residency, work and study). In the period from 1967 through 2008, the Israeli authorities revoked the identity cards (residency rights) of 31,135 Palestinians in Jerusalem using various pretexts.Thus Palestinians in Jerusalem are effectively subjected to policies of ethnic cleansing. Therefore, Palestinian Jerusalemites should be viewed as a priority group for the PA and should receive high levels of attention.

Women’s ability to keep their family names: Although Palestinian women were able to keep their family names under Jordanian and Egyptian laws, since the beginning of the Israeli occupation, Israeli authorities have automatically changed a woman’s family name to that of her husband without asking. Although women’s movements in 1996 demanded that women be allowed to keep their family names if they so wished, the names of Palestinian women in Palestinian and Jordanian passports are currently changed to match their names as recorded on their Israeli IDs. This denies women a basic human right stipulated in human rights conventions, particularly article 16(g) in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

3 Anna Seifert, Separated Families (Jerusalem: Quaker Peace and Social Witness, 2005), 3, available at www.jcdhr.ps/eng/reports-studies/2.html.

Application for a passport also entails discriminatory procedures that are still based on the Jordanian law No.

2 of 1969, which was amended in Jordan years ago, but is still in effect in the oPt. This law does not allow women to apply for a passport without written consent from the husband of a married woman or from the legal guardian of an unmarried woman. However, the Palestinian Ministry of Interior issued a circular in 1996 allowing both males and females to apply for a passport without the need for consent from a legal guardian. These procedures need to be re-issued again.

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Family law

Personal status law: Laws originally derived from the personal status law of 1917 and 1951, based on Hanafi jurisprudence, and amended in 1976, are a major concern for Palestinian women. No significant amendments have been made to this law in Palestine, although Syria, Egypt and Jordan have all made amendments to their own corresponding personal status laws. As a result, a legislative vacuum exists for Palestinian Muslim women. Provisions related to the age of marriage are a major example of discrimination in this law, as they allow for girls to marry as young as 15 years of age (Hijri). Provisions on arbitrary divorce and the conditions of marriage contracts are discriminatory as well. There are no provisions allowing women to initiate divorce themselves (Khulu’) or to apply to the court for divorce when the husband fails to pay maintenance. Despite a number of amendments in recent years, discrimination against women is further reinforced in the law’s provisions on compensation for arbitrary divorce and the deprivation of grandchildren from inheritance in case their father dies before their grandfather (The Situation of Palestinian Women, 273, 2003). With regard to Christian women, each sect applies their own law for marriage and divorce, while State law is applied in determining shares in inheritance of immovable assets. Thus Christian women too face challenges in terms of their rights related to marriage, divorce and inheritance.

Violence in Palestinian society: The Universal Declaration on the Elimination of Violence against Women, endorsed by the United Nations in 1993, defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life". The Fourth World Conference on Women in Beijing reaffirmed this definition 1995. The World Conference on Human Rights, which issued the Vienna Declaration and Program of Action in 1993, linked violence with discrimination against women, stating in paragraph 38 that the manifestations of violence include sexual harassment, sexual exploitation, gender-based discrimination, intolerance and extremism. The paragraph states that “in particular, the World Conference on Human Rights stresses the importance of working towards the elimination of violence against women in public and private life, the elimination of all forms of sexual harassment, exploitation and trafficking in women, the elimination of gender bias in the administration of justice and the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism” (Gabr, 2008).

ational G ender Strategy: Prom oting G ender Equality and Equity 2011-2013

Findings of a domestic violence survey conducted by PCBS in 2005 indicate that 62% of all married women in the oPt have been exposed to psychological violence, 23% to physical violence and 11% to sexual violence at least once (PCBS, 2006). In the oPt, VAW exists in urban, rural and camp areas in comparable figures (Table 1). Psychological violence affects women in the labor force more than those outside the labor force (62% and 52% respectively), while women outside the labor force are more vulnerable to physical violence (12.4% and 10.5% respectively). Women with more education are less vulnerable to all forms of violence (Table 2).

Table 1: Percentage of Ever Married Women Exposed to Any Violence by Husband, at Least Once by Type of Locality and Type of Violence During the year 2005

Type of locality Type of violence

Sexual abuse Physical abuse Psychological abuse

Urban 11.2 23.2 62.8

Rural 10.9 23.0 64.9

Camps 9.8 24.1 52.3

Total 10.9 23.3 61.7

Table 2: Percentage of Ever Married Women Exposed to Any Violence by Husband, at Least Once by education attainment and Type of Violence During the year 2005

Education attainment Type of violence

Sexual abuse Physical abuse Psychological abuse

Elementary and less 12.0 25.8 62.5

Preparatory 12.2 25.1 64.3

Secondary and above 8.5 19.1 58.4

Total 10.9 23.3 61.7

There is a shortage of studies on the reasons behind VAW, which necessitates research on the causes of this problem and the involvement of men who disapprove of violence in campaigns against VAW.

Femicide crimes under the pretext of ‘family honor’ increased in 2008 (as documented by Al-Muntada). There were 19 cases of femicide in the West Bank and Gaza Strip, with the youngest victim being three months old and the oldest being 75 years old. Reasons for most of the murders were recorded as “unidentified circumstances” and only 10 cases were recorded as “family honor” killings (eight cases in the West Bank and two in the Gaza Strip). Nine cases of femicide on the basis of “family honor” have been recorded since the beginning of 2010 up to the time of this Strategy’s drafting. In this time there were also seven cases of incest in the West Bank, but no data was available from Gaza because of the prevailing political conditions. In addition, there have been dozens of cases of psychological, sexual and physical violence in the form of burning, kidnapping, rape attempts, cursing, insulting, threatening, indecent assault, abuse, etc. In 2008-2009, the police recorded 1,112 cases that ranged from severe to mild abuse against women, which were referred to the courts. In 2008, 774 such cases were recorded (forensic medicine report, 2008). In addition, 26 cases of attempted murder of women were recorded by the courts in 2009.

Palestinian society generally perceives violence against men as a public issue, but considers violence against women a private issue. This perception should be addressed in order to ensure that VAW becomes a public issue that the State has a responsibility to address. Low proportions of women refer to the police or to protection centers when they are exposed to violence. Quantitative research indicates that only 1.7% of battered women referred to women’s centers report to the police, 42.9% preferred to talk with their husbands, 30.4% left the house and went to their parents’ house and 26% did not leave their houses (MIFTAH, Domestic Violence in the oPt, 2008).

Published statistics and social studies about VAW have found many factors behind the problem, including social perceptions of women’s inferiority, non-recognition of their human rights, and social customs and traditions.

These factors all lead to women’s oppression; VAW in the family and workplace; lack of equal opportunities with men in terms of pay, working hours and promotions; and discriminatory laws against women, particularly the penal code. In addition, the increasing violence in Palestinian society is closely tied to many factors related to the repressive practices of the Israeli occupation and their implications on families, the political situation, poverty and unemployment.

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The social groups most vulnerable to gender-based violence include children under the age of 15, female adolescents, elderly women, and females with disabilities.

However, 2006 PCBS survey on domestic violence did not adequately address the causes and remedies of gender-based violence for these groups. They also have ignored the issue of sexual violence against minors, meaning young women below the age of 18, for cultural and social reasons, and limited the questions in their questionnaires to physical violence, found to be 25%, and psychological violence, estimated at 52.7%, (Domestic Violence: Analytical Study, 55, 2006). Surveys and studies indicate that married women below the age of 18 have a higher risk of being exposed to violence, with 64.5% having reported being subjected to psychological violence and 42.1% to physical violence (Domestic Violence: Analytical Study, 62, 2006). Recently, Palestinian society has witnessed an increased prevalence in the trafficking of young women and prostitution. However, the surveys did not address this issue, as it represents a new and hidden phenomenon that is difficult to identify and measure. Nevertheless, a report was recently issued by the oPt office of UNIFEM (Part of UN WOMEN) presenting examples in Palestinian society of women trafficking, including minors and girls, as well as forced prostitution in various areas of the West Bank (UNIFEM, 2008). The lack of a laws and adequate executive bodies to protect women victims of violence encourages an increase of violence in Palestinian society.

The Palestinian society is also witnessing increased rates of violence due to the ongoing Israeli occupation and its oppressive measures, as well as the resulting difficult political and economic situation. The practices and policies of the occupation are not limited to land confiscation and control of water resources and borders, but also extend to include arrests, house demolitions, and control of movement of Palestinian people and commodities through the numerous checkpoints throughout the oPt. The impact of siege and isolation on Palestinians has intensified due to Israel’s construction of the Barrier, which is turning the West Bank into a series of enclaves or isolated socio-economic areas. All of these measures constitute a policy of collective punishment imposed on Palestinians in the West Bank and Gaza Strip. Through the building of settlements and land confiscation, Israel aims at ending the dream of the Palestinian people for an independent Palestinian state within the 1967 borders and East Jerusalem as its capital. The impact of such practices on Palestinian society has been severe and lasting, affecting the relations between women and men.

Conflict has penetrated every aspect of Palestinian life.

Violence prevails in the public sphere as well as the family sphere, resulting in consequences that should be dealt with by both women and men (The World Bank, 2010).

Although the World Bank report in 2010 on checkpoints and roadblocks notes that “men are the recipients of direct violence, and women have also to bear the indirect cost of violence,” women are also direct recipients of all forms of violence.