ATTACHMENT_J_7_The_Justice_and_Rule_of_Law_National_Strategy_2011-2013.pdf

The Palestinian National Authority

The Justice and Rule of Law National Strategy

Palestine

2011-2013

Ramallah - Palestine

July 2010

Funded by the United States Agency for International Development lmaher Typewritten Text lmaher Typewritten Text lmaher Typewritten Text

RFP 294-13-000005

Enhanced Palestinian Justice Program lmaher Typewritten Text lmaher Typewritten Text lmaher Typewritten Text lmaher Typewritten Text lmaher Typewritten Text ATTACHMENT J 7: The Justice and Rule of Law National Strategy 2011-2013 lmaher Typewritten Text

The Justice and Rule of Law National Strategy 2011- 2013

Table of contents

No. Subject Page

Summary of Justice and rule of Law Sector Strategy 7

1 Executive Summary 21

2 Introduction and Methodology Adopted in Formulating the Sector’s National Strategy 22

3 The Justice and Rule of Law Sector Vision Statement 24

4 Current Status Analysis 25

4.1 Results summary of Sector Analysis 25

4.2 Legal Framework Analysis 28

4.3 Institutional Framework Analysis 29

4.3.1 Ministry of Justice 29

4.3.2 High Judicial Council 33

4.3.3 Shari’a Judicial Council 34

4.3.4 Public Prosecution 36

4.4 The complementary relations between the Justice - Rule of Law Sector and the Security Sector 38

4.4.1 The relation between the Security Institutions and the Public Prosecution 38

4.4.2 The relation between the Security institutions and the Ministry of Justice 39

4.5 Achievements of the Justice and Rule of Law Sector 39

4.5.1 Ministry of Justice 39

4.5.2 The High Judicial Council Achievements 42

4.5.3 Shari’a Judicial Council 46

4.5.4 Public Prosecution 47

4.6 Advocates and the Legal Profession 49

4.7 Legal Education 49

4.8 Civil Society Organizations 50

5 Internal and External Analysis (SWOT) 50

6 The Justice Sector and Rule of Law Strategic Objectives 52

7 Monitoring and Evaluation 58

7.1 Justice and Rule of Law Strategy Performance Indicators Table 59

In the Name of GOD the Merciful

The Palestinian National Authority

Council Of Ministers

Council of Ministers decision number 01/51/13 year 2010

Regarding the certification of the Sector Strategies

According to the authority given to us by law;

The recommendation of the planning and administrative development Minster;

And the public need

And after reviewing the Amended Basic Law for the year 2003 and its amendments

The Council of Ministers decided in his session held in Ramallah on 7/6/2010 the following:

Article One

Certify the attached Sector Strategy

Article two

Each competent authority has to implement this decision provisions within its own jurisdiction, this decision is effective from the date of its issuance and should be advertised in the National

Gazette.

Issued in Ramallah on 07/06/2010

Salam Fayad

Prime Minister

The General National Palestinian Plan

2011 – 2013

Summary of Justice and Rule of Law Sector Strategy

Summary of Justice and Rule of Law Sector Strategy

1. Profile on the Sector The Palestinian National Authority inherited an inhomogeneous legal system which overshadowed the legal and judicial situation. It suffered a lot of dilemmas which had various adverse effects on the judiciary and on justice for the PNA. Moreover, there was a big overlapping in the systems applicable in the Palestinian territories; some of which were based on the Israeli military orders, the Jordanian and Palestinian legislations and those applicable from the British Mandate and the Ottoman rule. Since the establishment of the PNA, one of its most important obligations was the unification of the legal and judicial systems through the development of systematic mechanisms for the review and unification of legislations.

The Chairman of the Executive Committee of the Palestine Liberation Organization – the President of the PNA issued decision No. (1)1994 from Tunis to continue working with laws and by-laws applicable in the Palestinian territories “the West Bank and the Gaza Strip” until same are unified. The task of unifying the laws between the two sectors of the country and their replacement with modern laws was the first task of the first Legislative Council.

The Palestinian Authority Council was tasked with promulgating laws since 5/7/1994 under the first government between 20/5/1994 and 16/12/1994. Legislations were issued by decrees from the President of the PNA. When the PLC was elected on 20/1/1996, it assumed the task of promulgating legislations since its inauguration on 7/3/1996.

The justice sector is composed of governmental and non-governmental institutions, notably:

• The Ministry of Justice:

It plays its role in supporting the judicial sector institutions; in providing administrative and technical support to the courts and to the public prosecution; and in providing the suitable environment for safeguarding the integrity, impartiality and independence of the judicial authority. The Ministry provides certificates of non-conviction to the people through the justice record, the authentication of documents, issues legal translation and arbitration certificates, provides advice and legal briefs to the Council of Ministers, judicial reports to the judiciary and the public prosecution through the Forensic and Criminal Laboratory department. The Minister of Justice is the Chairman of the Judicial Institute and supervises the Council on Legal Opinion and Legislation (Diwan Al-Fatwa Wal Tashrii).

• The Public Prosecution:

It specializes in instituting criminal proceeding in the name of the Palestinian people, undertakes the enforcement of judicial decisions and represents the state in civil cases. Moreover, it supervises the judicial officers and monitors the reform and rehabilitation centers.

• The High Judicial Council:

It specializes in instituting policies, supervising judges and organizing the work of the courts of all degrees which adjudicates cases brought before them. The judicial authority strives to build and develop an active judicial system capable of bearing the huge responsibilities and keeping abreast with modern developments and the requirements for quick and easy access of the people to the judiciary. As a result of its development plans and the support it received from all authorities, the judicial authority moved various steps as regards training and qualifying judges, scholarships, specialization, the recruitment of judicial competencies and the linkage of the outcomes of judicial inspection to training programs.

Furthermore, the HJC focuses on building courts and on providing them with modern technology.

• Sharia’a Judicial Council:

The Sharia courts in their three levels specialize in adjudicating cases brought before them; like:

wills, guardianship, inheritance, alimony, custody, paternity, divorce, separation, proof of puberty, endowment cases and the dissolution of invalid contracts of marriage.

• The Bar Association:

It guarantees the protection of people who resort to lawyers for legal services on the one hand and the protection of the interests of lawyers on the other hand.

• Institutions of Legal Education:

They teach law in law schools of Palestinian universities including: Al-QUDS, Birzeit, Annajah and the Arab American universities. The educational institutions enrich the Palestinian legal library by undertaking specialized legal research and the M.A thesis prepared by students and graduates.

• International Organizations:

The justice sector is supported by various international organizations including: the United states Agency for International Developement (USAID), the European Police (EUPOL COPPS), the Canadian International Developemnet Agency (CIDA), the Swedish International Developemnt Agency (SIDA) and the Government of the Netherlands.

Integration between the Justice and Rule of Law and Security Sectors:

The Council of Ministers issued resolution No. (99) 2005 pertaining to the establishment of the judicial police force which is subordinate to the Directorate General of the Police. This resolution was activated in 2008. Furthermore, a Memorandum of Understanding (MoU) was signed between the Palestinian Civil Police (PCP) and the Ministry of Justice to regulate the relationship and to coordinate between the newly established unit and the various bodies of the Ministry of Justice. However, the General Directorate of the Judicial Police is still in the stage of preparation and did not assume its duties as outlined in the above mentioned Council of Ministers’ Resolution.

However, it has been decided that forensics shall be subordinated to the Ministry of Justice and that the Ministry of Health shall exercise technical supervision over same. Moreover it has been decided that criminal laboratories shall be administratively subordinate to the PCP and technically subordinated to the Ministry of Justice since those laboratories are some of the pillars of criminal justice in Palestine.

The Justice Record at the Ministry of Justice was also established through the cooperation with the Public Prosecution and the Ministry of Interior by virtue of understandings reached between the Ministry of Justice and the Public Prosecution and the Ministry of Interior. The Justice Record contains the information on the criminal record of the citizen. By virtue of these understandings, the Public Prosecution provided the Ministry of Justice with the necessary information to feed the judicial record with the criminal data.

Moreover, there was cooperation with the prison directorates to verify the criminal data and to complete certain missing items. Also, the Ministry of Interior provided the judicial record with a periodical updatable version on the civil data of citizens.

On the other hand, the courts have a general jurisdiction to adjudicate all cases pertaining to civilians. As such, the civilian Public Prosecution shall have the sole right to institute criminal proceedings according to the provisions of the Criminal Procedure Code No. (3) 2001. However, by virtue of the provisions of article

(101) of the Palestinian Basic Law, the jurisdiction of the military courts shall be restricted to military affairs.

The basic problem which negatively affects the regulation of the relationship between the civil and military prosecution is the failure to define “military affairs” and the limits which distinguish crimes of military and civilian natures, something which has resulted in the overlap of the jurisdictions of the civil and military prosecutions, and ultimately between the civil and military judiciaries.

The security establishment is related to the public prosecution in that the technical work of the judicial officers shall be supervised by the public prosecution. The public prosecution also exercises a monitoring and supervisory role over the reform and rehabilitation centers and the security agencies’ detention centers to verify the circumstances of detainees in those centers.

According to the Criminal Procedure Code, the Public Prosecution enforces criminal judgments, and in the exercise of that role shall have the right to make use of the police force whenever necessary. Despite the fact that the security establishment does not exert effort in judicial enforcement, various obstacles impede judicial enforcement including: the measures taken by the Israeli occupation forces, the lack of Palestinian sovereignty over all territories belonging to it and the logistical and technical reasons.

2. Situation Analysis

The justice sector encountered various difficulties and challenges due to a large extent to a series of internal and external factors, which combined resulted in hampering its development with the passage of time.

Among the most prominent factors is the weakness of the legal and institutional infrastructure of the justice institutions.

The non-allocation of suitable support to the judicial authority by the executive, the non-allocation of development budgets to it in the earlier stage of the formation of the Palestinian National Authority (PNA), the obstacles imposed by the occupation, the diminished national sovereignty and the lack of jurisdiction have all contributed to the absence of the suitable adjudication environment represented in the slow adjudication procedures, the mismanagement of case files, the unsuitability of the buildings and facilities to the nature of judicial work, the weakness of resources, the old administrative support systems, the weakness of public services, the lack of information systems, the backlog of cases before the courts, the weak enforcement mechanisms, and the absence of institutional rehabilitation of administrative, judicial and legal support staff has created a state of vulnerability in judicial performance and in justice institutions.

This has led to the reluctance of the citizen to resort to the judiciary and his resort to parallel means away from the rule of law in the absence of alternative means for conflict resolution.

The modernity of legal education and the weakness of legal judgments in Palestine in comparison with the legacy of the Palestinian legal system which embodied a series of radical differences has delayed the development of a national jurisprudence capable of meeting these differences beneficial to the Palestinian situation and facilitating the harmonization and unification of these systems on common grounds, and which could have contributed to the emergence of a judicial and legislative approach away from these directives.

The Palestinian justice institutions strived to benefit from the opportunities provided by the international donor organizations in the fields of administrative development, the institutionalization of the judicial institutions at systems and human resources levels. However, the political and economic instability, the lack of the appropriate skills resulted in destabilizing the institutions of justice, organized work and in weak performance.

The years 2008 and 2009 witnessed big achievements in the judicial sector. The number of investigation and criminal cases and the rate of Disposed cases increased considerably in 2008 compared to the previous years. On the other hand, criminal enforcements are witnessing tangible development from the perspective of the reduced cases brought forward and the increased Disposition of cases from year to year.

The year 2009 witnessed the development of the organizational structures and the infrastructure of the judicial and the Justice Institutions. The Palestinian Judicial Institute and the Judicial Police were established.

Police officers as a nucleus of the judicial police were trained. The Judicial Inspection Department was activated and a Court Administration Department established. All these need MoU,s to regulate their references. Moreover, the Planning and Projects Administration, a judicial library and an electronic archive for all documents were established. The Ministry of Justice also worked on rehabilitating and modernizing the Public Services Department including authentication and the judicial record. Their facilities and departments were modernized including the introduction of an automatic queuing system to offer better public services.

Since its inception, The Justice Records Department at the MoJ has, in cooperation with the Infomation Technology (IT) Department of the Public Prosecution, the Ministry of Interior, the General Administration of Reform and Rehabilitation, worked on managing and feeding the computerized data base of the judicial record with a summary of judgments, the judicial enforcement record, the civil record and on linking them with the registers of people on the path towards the issue of certificates of non-conviction.

The MoJ is on the verge of concluding an agreement with the Government of Canada for the establishment of the main Forensic Center in Palestine. In the same context, the judicial police was established to strengthen the rule of law. Furthermore; various specialized departments and units including the Administrative Affairs Department, the IT Department, the Planning Department, the Training Department and the Media and Public Relations Department at the Public Prosecution were established.

Regarding the shari’a judiciary, two shari’a courts in Ramallah and El-Bireh Governorate and one in Hebron were established. Additionally, eight other sharia courts were inaugurated in various parts of the West Bank and the Gaza Strip. Eleven judges including the first two female judges in Palestine were appointed.

Moreover, the High Sharia Judicial Council appointed 58 judges during 2008/2009. 32 notary publics and 30 bailiffs were appointed. Those appointments were aimed at speeding up adjudication procedures and reducing to the backlogs.

The main problems at the national level:

1. Weakness of the legal system applicable in the Palestinian territories in the light of the absence of civil legislation, the weakness of criminal legislation and the absence of a modern Penal Code.

2. The absent role of the Palestinian Legislative Council, and the necessity to adopt alternative mechanisms to Decree Laws issued by the President.

3. The weak public confidence in the judicial institutions, the adjudication procedures and the resort to alternative methods.

4. The weakness of alternative means for conflict resolution.

5. The weak performance of judicial institutions, and the lack of necessary resources.

6. The recent introduction of legal education in Palestine.

7. The numerous judicial systems, weaknesses in coordination mechanisms, and weaknesses in methods of enforcement.

8. Weakness of communication means with the public.

9. Absence of geographical continuity between the country’s districts which affected negatively the public to access judicial institutions.

10. The emigration of qualified people.

11. The absence of specialized courts and prosecutions.

12. The overlap of the civil and military jurisdictions.

13. The absence of a constitutional court to decide on the constitutionality of legislations and the conflict in jurisdictions.

14. Case backlogs before the courts.

15. Weakness and unsuitability of reform and rehabilitation centers and places of detention.

The main problems at the external level:

Throughout successive years, the Palestinian people lacked an entity or a recognized state exercising its sovereignty on the land and the people and distinguished by an international presence as other countries.

Following the Oslo accords of 1993 and the creation of the first nucleus of a Palestinian National Authority from various basic authorities: executive, judicial and legislative emerged. In the light of successive governments from that date which reflected on the emergence of the international presence of this Authority, this entity did not attain the sought after level of the establishment of a state exercising full sovereignty over its territory. The continuation of the occupation and its negative daily impact on the various components and the constituents of the justice sector, and in the light of the ambiguous nature of the sought after state and the political and geographical separation between both sectors of the country created a big challenge for the development of the justice sector.

Among the most important obstacles facing the judicial sector as a result of the external effects is the inability of the legal system to extend its legitimate mandate over all its territories and the incompetence of the Palestinian Authority to conclude agreements and to join international treaties and conventions supporting rights and liberties.

The Israeli occupation and its negative impact on the rule of law lead to the obstruction of any developments aimed at state building, the stability of its system, and consequently the disregard of all international conventions and norms. Moreover, the application of Israeli legislation over Palestinian territories under its control has unsettled public confidence in the judicial system.

Following are the most important problems on the external level:

1. The impact of the Israeli occupation and its role in unsettling public confidence in public order, and particularly the judicial system.

2. Absence of the Palestinian State imposing its sovereignty on the Palestinian territories and its negative repercussions on communicating with the outside world for the requirements of the justice sector.

3. Restrictions on the movement of people which obstruct the course of justice.

4. Non-compliance of the Israeli occupation with the agreements signed and with legal protocols.

5. The existence of settlements has limited the application of the rule of law in the Palestinian territories.

6. The multiplicity and overlapping of support and funding to the justice sector.

7. The increase in the number of fugitives to the Israeli areas and the Israeli non-response to the hand-over demands.

8. Lack of PNA control of the borders and its weak ability to control borders, apprehend wanted people or prevent wanted people from travelling.

9. Weakness of legal aid means at the reciprocal and international levels which impeded the exercise of legal authority and the enforcement of judgments.

10. The lack of Palestinian jurisdiction over the Israelis and Palestinians holding Israeli IDs who commit crimes in PNA territories.

11. Diminished Palestinian jurisdiction due to the division of territories to A, B and C.

12. The inability of the annexed legal protocol of the Oslo agreement to respond to the requirement and needs of building the Palestinian State.

3. Vision

“A justice sector capable to achieve justice and the rule of law for maintaining freedoms, public and private rights and equality so as to maintain human dignity and provide the suitable framework for comprehensive and sustainable development for the Palestinian society in a fully sovereign Palestinian State”.

The achievement of this requirement demands serious support to the various justice and rule of law; the development of legislations regulating the sector based on a legislative plan, the comprehensive review of the applicable legislations; the determination of the themes needed for the sector and their prioritization according to a suitable timeframe; the development of a suitable and active a system of judicial procedures based on the respect of basic human rights initiatives to protect freedom; the development the defense infrastructure; the initiation of practical and field initiatives for the protection of the justice and the rue of law sectors from negative influences of the Israeli occupation and the current divisions in the Palestinian territories; and finding specific mechanisms to strengthen the role of the public, the media and civil society in indulging in the justice and rule of law sector.

4. Strategic goals, policies and interventions

The following table outlines a summary of the strategic goals, the policies and the main interventions proposed to be implemented in the justice and rule of law field. The total sector strategies include the detailed policies and interventions.

Table of Strategic goals, policies and interventions

Policy Policy Interventions

1. The strategic goal: Strengthen the respect of human rights, basic freedoms and the rule of law

A. Strengthen the basic human rights and freedoms environment.

• Review of legislations pertaining to the rights of the citizen.

• Preparation of mechanisms and plans to strengthen human rights in cooperation with Palestinian and international human right. organizations

• Documentation of breaches of Palestinian human rights and the pursuit of the perpetrators.

B. Facilitate citizens’ access to the services of the justice sector and their improvement.

• Help the marginalized groups and enable them to benefit from the justice and judicial institutions.

• Follow-up of citizens’ complaints.

• Updating and developing the services provided to the public.

• Circulation of legal information and facilitate public access to them.

C. Strengthen the links with civil society and with the media.

• Creation of a modern media system to improve communication with the public and delivery of the justice message.

• Raise the awareness of the public and educate them in the field of the rule of law and the work of justice institutions.

• Prepare legal reports jointly with civil society.

• Establish advisory legal councils jointly with civil society.

Continued - Table of Strategic goals, policies and interventions

Policy Policy Interventions

2. Strategic goal: Ensure fair trial

a. Creation of conducive environment for litigation

• Update and develop competent criminal justice facilities in forensics, criminal lab, and Judicial Police

• Update developed systems for the management of criminal, civil, and religious case, and accelerate case adjudication

• Update competent courts, and identify separate competences for regular and military courts

• Develop and upgrade capabilities of judges and attorneys-at-law

• Institutionalize legal aid to ensure access of justice to marginalized and needy sectors

b. Enhance role of Bar Association in developing of the justice sector

• Update Bar Association legal framework

• Develop Bar Association internal performance

• Raise level of services provided by Bar Association

c. Enhance and update monitoring, accountability, and management framework

• Activate and develop mechanisms of monitoring and regular and religious judicial inspection

• Ensure proper conduct of administrative supervision over regular and religious courts in accordance with adopted mechanisms

d. Relieve courts of enormous burden

• Address issue of judicial satisfaction and case backlog

• Introduce concepts of support methods for conflict resolution into judicial work and ensure their adoption

e. Raise competence of notification systems and judicial rulings enforcement

• Develop effective mechanisms to ensure the enforcement of criminal, civil, and religious rulings within a proper time period

• Train staff and provide proper equipment for Public Prosecution

3. Strategic goal: Support, build, empower and develop justice institutions

a. Develop work environment, motivate competences, and upgrade level of staff training

• Upgrade competences and capabilities of human resources in the justice sector according to needs

• Develop finance and administrative systems that enhance principles of monitoring and accountability in justice institutions

• Develop data and IT systems within the operational systems of justice institutions

• Develop infrastructure of justice institutions

b. Raise level of legal education

• Develop legal education for the purpose of enhancing preparation for the judiciary

• Develop scientific research and support legal research centers

c. Institutionalize judicial training

• Develop continuing and basic training programs

• Finalize update operations and develop institutional framework for training

• Recruit qualified local staff for training operations in relevant and concerned institutions

Continued - Table of Strategic goals, policies and interventions

Policy Policy Interventions

4. Strategic goal: Unify, update and develop legislations

1. Create conducive legislative environment

• Monitor legislative needs of justice sector and rule of law in partnership with all justice sector institutions

• Review and develop existing legislative policies

2. Form an updated, consistent, and stable national legal system

• Develop follow-up national plan, and review unification and update of legislations

3. Activate Council of Legal Opinion and Legislation

quality of legislations

5. Breakdown of resources and responsibilities Below a table that illustrates the estimated budget for 2011-2013 distributed according to goals:

Strategic Goal Estimated budget (m$US)

Enhance respect and protection of human rights, basic liberties, and rule of law

Ensure fair trial 65

Support, build, empower and develop justice institutions

Unify, update and develop legislations 25

TOTAL 250

6. Anticipated results The Ministry of Planning and Administrative Development (MPAD) shall work with each sector for the purpose of developing a set of appropriate indicators and targets for 2011-2013. It has been decided to finalize this process and update this section during the budget preparation process. The indicators and achievements below, which have been identified by the justice sector strategy, constitute the springboard for our work:

1. Legislations related to rights of civilians, which have been reviewed and for which recommendations have been put forward;

2. A joint work plan with national justice institutions, and MoUs reached with a number or regional and international institutions;

3. Periodic and regular visits made to rehab and correction centers and to detention facilities;

4. All human rights violations committed against Palestinian civilians have been documented and perpetrators arrested;

5. All marginalized and needy sectors have received legal aid and the services of other justice facilities;

6. Finance and administrative systems to enhance monitoring and accountability principles in just sectors have been enhanced;

7. Mechanisms of monitoring and regular, judicial and religious inspection have been developed;

8. Several rule of law related cultural programs have been adopted;

9. A number of media activities in various parts of the West Bank have been implemented in accordance with the rule of law public awareness plan;

10. A number of rule of law public awareness media material that address all sectors of the Palestinian society have been prepared;

11. A number of joint legal reports have been prepared in cooperation with the civil society and in accordance with agreed methodology;

12. The Advisory Council has been set up in partnership with civil society institutions;

13. Rules regulating the justice sector have been updated or amended;

14. Criminal justice facilities have been established;

15. The Judicial Police have been established and are now operating;

16. A number of new judges have been appointed and distributed according to the number of incoming cases;

17. A number of civilian complaints regarding lawyers performance have been looked into;

18. Competent courts have been established and their competences regulated;

19. A number of legislations that regulated the competences of military courts have been adopted;

20. The Constitutional Court has been set up and is now operating;

21. A number of administrative courts have been established and are now operating;

22. The judicial code of conduct has been reviewed;

23. The number of adjudicated cases in courts has dropped;

24. The Bar Association has organized a number of training courses for lawyers to upgrade their performance before the public;

25. New judges had been appointed upon judicial needs

26. A number of training courses for new judges have been organized;

27. Rules of alternative methods for conflict resolution have been updated;

28. All courts have been e-linked and case files computerized;

29. Infrastructure of all buildings have been renovated;

30. A number of scientific researches have been conducted in legal research units;

31. Legal Education program has been developed;

32. Future Judges Program has been developed;

33. “Justice Everywhere Program” has been completed;

34. An official manual on legislative drafting has been published;

35. Council of Legal Opinion and Legislation has been activated;

36. Monitoring quality of legislations has been organized and institutionalized;

37. The official gazette is issued on a regular basis;

38. Systems of judicial case management have been enacted;

39. Public services have been improved; and

40. Mechanisms of enforcing criminal, civil and religious rulings have been organized and activated.

7. Procedures for the preparation of sector strategy

The National Justice and Rule of Law Strategy of 2011-2013 is based on the Reform and Development Plan of 2008-2010. National and technical team has been formed and assigned the preparation of the Justice Sector and Rule of Law National Plan. The team was headed by the Ministry of Justice (MoJ) with the membership of the Public Prosecution, High Judicial Council, Ministry of Interior (MoI), and Ministry of Planing and Administrative Development (MOPAD). MOPAD is responsible for coordinating the preparation of sector strategies, dissemination of instructions and templates related to the preparation of the sector strategies manual and unified technical annexes.

In addition, members of the civil society have taken part in the strategies preparation team, including civil organizations network, Bureau of Grievances (ICHR), and Birzeit University. Moreover, a technical team has been formed made up of the head of the national team and a number of experts from USAID-funded Netham Project. The technical team has placed the strategy in the correct strategic model in accordance with the technical annex issued by the MOPAD as well as the modern scientific methodologies of strategic planning.

The national team held 14 meetings while the technical team 21 meetings. The first version of the strategy has been translated into English and distributed to international partners via Local Aid Coordination Secretariat (LACS). A special meeting for the justice sector group was held on 8th of March 2010 and the remarks of the international partners in the strategy were discussed.

Several official and civil sources were consulted, and the following terms of reference were taken as a foundation for the preparation of the justice sector strategy:

First: The Basic Law and laws in force in Palestine;

Second: The Guidance paper on general political issues which has been prepared by the Council of Ministers and MPAD;

Third: The program of the 13th government “Building the Palestinian State through Peace and Prosperity.” The government has stressed the enhancement of good governance, respect for the rule of law, separation of authorities, protection of human rights, creation of peaceful environment, imposition of law and order, as well as the provision of safety and security.

Fourth: The Reform and Development Plan if 2008-2010; and

Fifth: The Studies and documents provide to the team by justice commissions.

1. Executive Summary

The justice sector is one of the most important sectors of the government because it plays a leading role in influencing the lives of Palestinian citizens. Citizens evaluate their government’s performance through their experience with public institutions, and particularly justice institutions.

The justice sector has faced many obstacles and challenges due to a number of internal and external factors which all contributed to hindering its development over the time. The most distinctive factor among other factors in this regard is the absence of clear separation of powers between the judiciary, the Public Prosecution, and the Ministry of Justice (MOJ),as well as the lack of proper working relations among the justice sector institutions. All these factors have affected the independence of the Judicial Authority.

Reform of various sectors has been and remains one of the top priorities on the policy agenda of the Palestinian National Authority (PNA). The justice sector currently enjoys a special standing by the government, as justice is deemed an urgent matter to improve relations among the various stakeholders.

Persistent efforts have succeeded in forging common ground among the principal actors in the sector, reflecting a shared vision based on developing, upgrading and improving the overall performance of justice sector institutions.

A national team was appointed to develop this strategy. Throughout frequent meetings, the team studied and evaluated the situation in the sector using all possible methods and available information contained in numerous documents, studies, strategies, needs assessments, and reports of achievements in the sector, and by using the “strengths, weaknesses, opportunities, and threats (SWOT)” method of analysis of the internal and external environment in the sector. With this information the team articulates the Justice and Rule of Law Sector Vision as follows:

“A justice sector capable to achieve justice and the rule of law for maintaining freedoms, public and private rights and equality so as to maintain human dignity and provide the suitable framework for comprehensive and sustainable development for the Palestinian society in a fully sovereign Palestinian State”.

The national team concentrated on reviewing the available strengths and opportunities, as well as the weaknesses and threats that confront the sector by seeking out potential opportunities to overcome these problems and difficulties as much as possible.

Strengths were found in the excellent relations existing with the donor community, the development of appropriate infrastructure, the availability of systems that could be replicated, the development of qualified personnel in justice sector institutions and the integration of functioning automated informational systems.

Opportunities for improvement will continue with the availability of donor support for sector activities and development plans, and the integration of justice pillars. This will lead to the creation of an essential infrastructure to enable the development and modernization of sector institutions as well as The increase of the awareness of the importance of the justice sector and the services it provides to the public.

Among the weaknesses identified was the poor coordination among principal justice sector institutions, the lack of public trust, and lack of appropriate methods for alternative dispute resolution, inadequate publishing of formal information on the judiciary and limited access to legal information. In addition, institutions suffered due to the fact that there are few qualified personnel serving the judiciary as well as a lack of specialized courts and judges. Training programs were not well coordinated and are dependent on external donations because of insufficient financial resources allocated by the government for the benefit of the sector. In addition, mechanisms for enforcing judgments were perceived as inadequate.

Threats were identified as the continuing Israeli occupation, the current political and geographical division between the northern and southern districts in the Palestinian territories, the inactive role of the Palestinian Legislative Council, dependence on international aid, the leadership of the sector’s institutions and political instability.

This strategy has been developed within the framework of the comprehensive Justice and Rule of Law Vision that has been stated, as well as the results of the analysis performed pointing out the strengths, weakness, opportunities and threats that are challenging the sector. It is also based on both primary and subsidiary strategic objectives leading to the formulation of programs and activities necessary to effectuate these objectives.

The primary strategic objectives are summarized:

• Ensuring respect for human rights, fundamental freedoms and rule of law.

• Ensuring fair trials.

• Supporting, developing, and enhancing justice sector institutions.

• Developing, harmonizing and modernizing legislation.

Policies have been formulated in groups each of which aims to achieve a principal strategic objective.

Policies are implemented through a group of interrelated activities called interventions.

2. Introduction and Methodology Adopted in Formulating the Sector’s National Strategy:

The formulation of the Justice and Rule of Law Sector Strategy comes in response to a Council of Ministers’ decision taken at a meeting held on 17/8/2009 regarding the drafting of a National Strategy for the years 2011-2013. The decision authorized the Ministry of Justice (MOJ) to lead the team in developing the national strategy for the Justice and Rule of Law Sector. This strategy was developed pursuant to national objectives defined in the thirteenth government’s action program, which are based on a national priority of establishing an independent Palestinian State.

The 2011-2013 Justice and Rule of Law Sector Strategy is based on the Reform and Development Plan for the years 2008-2010 (PRDP). The PRDP was developed with the participation of all justice sector stakeholders including governmental institutions, civil society organization, professional unions, academic figures as well as the private sector. The Ministry of Planning coordinated the development of all sector strategies by distributing guidelines and forms related to the Sector Strategies Development Manual as well as uniform technical attachments that must be used in the development of a national strategy for any sector, including the Justice and Rule of Law Sector.

It was clear during the meetings of the national team appointed to develop the national strategy of the Justice and Rule of Law Sector that other key institutions and bodies, including the Ministry of Interior, the Bar Association, law schools and relevant civil society institutions, must participate in this important effort.

As a result of compiling various discussions and deliberations, conclusions were reached team using all available resources and information provided by civil society and official institutions to develop the strategy.

The team relied on the following references:

First: The Basic Law and legislation in force in Palestine

Second: Guidelines papers related to the general policy issues prepared by the Council of Ministers and the

Ministry of Planning and Administrative Development.

Third: The thirteenth government’s action program which calls for “Building the Palestinian State through Peace and Prosperity.” Its key objectives were: good governance, respect for rule of law principles, separation of powers, protection of human rights, stability of the legal infrastructure to achieve security and safety, as well as, protecting the law and public order, providing a peaceful and secure environment for citizens, and routing out crime and chaos.

Fourth: The 2008 – 2010 Reform and Development Plan.

Fifth: Various information, studies and documents provided to the team by justice sector institutions and stakeholders.

The strategy development process was characterized by:

1. The adoption of a holistic methodology in developing the sector’s strategy and embodying the principle of partnership.

2. Instilling and enhancing a set of values across all justice and rule of law fields.

3. Accounting for the building and development of material and human capacity of the justice sector.

4. Considering the scarcity of resources and the need for cutting the Sector’s operating costs without jeopardizing its performance efficiency.

5. Accounting for external effects and variables which affect the implementation of the Justice and Rule of Law Sector’s Strategy.

6. Compliance with the thirteenth government action program, which is built on a national priority reflected in the establishment of an independent Palestinian state and ending of the occupation.

7. Considering the basis of partnership with civil society and academic institutions and the solicitation of opinions from experts and competent individuals.

The national team appointed to develop the strategic plan followed an implementation methodology in accordance with the following steps:

1. The national team held many periodic preparatory meetings under the leadership of the Ministry of Justice to formulate the strategic objectives of the justice sector and its sub-activities emanating and implementing a strategic thinking approach.

2. Work on the collection of data and information, holding of consultations and drawing conclusions.

3. Analyse of the internal and external environment using the strengths, weaknesses, opportunities and threats (SWOT) methodology to identify areas of weakness and strength and to define the opportunities and challenges facing the sector.

4. Develop of the first draft of the strategy.

5. Devise a plan to consult with civil society institutions and to solicit the views of academics and experts in the field.

3. The Justice and Rule of Law Sector Vision Statement

Consistent with the government’s vision and its programs to end the occupation and establish an independent Palestinian state and in light of a Palestinian political system which respects human rights and provides a safe and stable environment for its citizens to live and flourish in a free and independent state. Such a state must be built on the principles of justice and rule of law and be governed by a Palestinian constitution which is respected and protected by an effective Executive Branch, an elected legislature and an impartial and independent Judiciary.

The Palestinian state complies with international legitimacy and international law in addition to the United Nations’ charter and all the decisions issued by the various U.N bodies and agencies. It also complies with all the decisions issued by the U.N. General Assembly and the Security Council, which protect the rights of the Palestinian people in their homeland and the right of self-determination and freedom, independence and sovereignty, in addition to the right to establish a state within the boundaries of June 4, 1967.

The official and unofficial Palestinian justice sector institutions across all levels work towards a justice system that is transparent, competent, specialized and capable of responding to the requirements of national independence and the establishment of the Palestinian state. This state will allow citizens to live in peace and stability, and guarantee respect for the Constitution. It will monitor the quality of legislation by appointing a commission to review the legislation in force, amend and update them so that they reinforce justice and rule of law, and promote sustainable development. It will enhance the state’s governance, including the judicial, executive, administrative and financial systems in order to provide the highest degree of transparency and participation, and also take measures to fight corruption. Legislation shall also allow the justice and rule of law sector to guarantee the rights and freedom of its citizens, protect public and private ownership and facilitate access to justice. The justice sector institutions will be able to enforce individual and public rights in the most efficient and cost effective manner. All this shall be conducted in a manner consistent with political, social, cultural, economic and technological developments and shall encourage the establishment of an attractive investment environment. It also must promote cooperation and coordination between various justice sector institutions on a national level; strengthening legal aid services and promoting judicial cooperation on an international level. All this shall be achieved by relying on nationally qualified legal, judicial and administrative personnel in addition to having effective and streamlined procedures and regulations, suitable infrastructure and modern technology.

The Executive Branch shall work with the Legislative Council and the judiciary in order to complete establishing the institutions of the Palestinian State on a professional and national basis and shall also work towards ensuring the application of enacted laws and guarantee compliance with to their provisions. It shall also work diligently to enact legislation that guarantees justice and the speedy disposition of disputes and enforcement of judgments. The government shall work to provide a competent and specialized judiciary that is fair and impartial and has all the technical, administrative and financial support it needs to function properly. The government shall also guarantee a suitable legislative, administrative and political environment in order to maintain judicial independence and a flexible separation with the three state powers cooperating fully and continuously.

In this context the vision of the justice and rule of law sector can be stated as follows:

“A justice sector capable to achieve justice and the rule of law for maintaining freedoms, public and private rights and equality so as to maintain human dignity and provide the suitable framework for comprehensive and sustainable development for the Palestinian society in a fully sovereign Palestinian State”.

The full support and commitment of all consecutive governments as well as the justice sector institutions towards achieving this strategy is needed through the following:

First: Identify and prioritize the pillars and areas of development for the justice sector according to an appropriate and specified timeframes.

Second: Identify the human and financial resources necessary to develop every area of the justice and rule of law sector.

Third: Develop a set of effective judicial procedures that are based on respect for human rights and basic freedoms.

Fourth: Develop the sector’s infrastructure and systems.

Fifth: Support cooperation and coordination among the various justice and rule of law sector institutions.

Sixth: Adopt practical initiatives to protect the sector from the negative impact of the Occupation and political division in the Palestinian territories.

Seventh: Identify mechanisms needed to strengthen the role of the media and civil society in the justice sector.

Eighth: Support and strengthen the legal culture in Palestinian society through awareness programs and the advancement of legal education.

Ninth: Develop legislation governing the Justice and Rule of Law Sector based on a legislative plan which includes a comprehensive review of all legislation in effect.

Tenth: Work on the protection of citizens rights in all the Palestinian Territories.

4. Current Status Analysis

The Palestinian political situation during past eras created a justice system that might not be suitable for Palestine in the future.