Crisis Prevention and Recovery

Making headway in supporting the rule of law and access to justice for the Palestinian People

On 27 May 2009, the Minister of Justice for the Palestinian Authority (PA), Mr. Ali Khasan, signed a three-year - USD 14.7 million - programme to support the rule of law and access to justice for the Palestinian people, in partnership with the United Nations Development Programme (UNDP). Speaking to delegations from over 20 countries at a UNDP rule of law conference in Jordan, Mr. Khasan emphasised the need to defend the fundamental principles of human rights and the rule of law, amidst the complexities of crisis and post-crisis situations. “We need to defend these values and principles,” he said, “not just theoretically, but by practice.”

The Deputy Special Representative of the Administrator for the Programme of Assistance to the Palestinian People, Mr. Roberto Valent, expressed his particular gratitude to Mr. Khasan for his ongoing support.

As the implementing partner, UNDP’s Programme of Assistance to the Palestinian People (UNDP/PAPP), has worked with the Palestinian Authority to develop the infrastructure of the justice system in the occupied Palestinian territory since 2004. To date, this assistance has primarily focused on developing the institutional capacity of the High Judicial Council and the Attorney-General’s Office. The new, expanded programme, now seeks to fill the gaps in the justice sector by working closely with the Ministry of Justice to develop a comprehensive access to justice strategy engaging actors at all levels, including the Bar Association, civil society organisations and other grassroots initiatives.

Of the total budget, USD 3 million has been funded through UNDP’s Global Programme on Strengthening the Rule of Law in Conflict and Post-Conflict Situations. In addition, the Swedish International Development Cooperation Agency (SIDA) has agreed to contribute an estimated USD 6 million through UNDP’s Thematic Trust Fund for Crisis Prevention and Recovery.

Mr. Khasan spoke of some of the progress made in the occupied Palestinian territory over the past decade in relation to rule of law, justice and security. “We have many achievements regarding the judiciary, the prosecution, and [the broader] justice sector,” he said, “but we still have we have many difficulties.” He spoke frankly of the huge challenges facing both the West Bank and Gaza, and praised the stoicism of those determined to make a difference.

The difficulties are indeed considerable. In particular, continued occupation and a militarized environment have severely impacted the ability of the PA to establish democratic governance founded on the principles of the rule of law. Restrictions on freedom of movement, the lack of consistent accountability and the unclear jurisdiction of different institutions all present significant challenges. Yet there also exists the intellectual capacity, resilience and strength of will required to rebuild the rule of law. The programme signed in Jordan aims to capitalize on and develop these capacities.

This programme will be ongoing until June 2012. Efforts will focus on extending the reach of free legal aid services to victims, legal awareness raising, setting up the foundation for working with civil society in the Gaza Strip, improving gender justice conditions and exploring modalities for engagement with the informal justice system and its linkages with the formal system.

Assistance will also be provided to enhance confidence of legal professionals and rebuild public trust in judicial institutions. In so doing, the capacity of courts and prosecutors’ offices to disseminate public information on court services will be strengthened, while also supporting networks of legal professionals and providing models for harmonization of the various existing legal systems in the occupied Palestinian territory.

The UNDP participants gathered for the conference in Jordan had travelled from conflict and post-conflict countries across Africa, the Middle East, South America and Europe do discuss the rule of law, justice and security. For the 82 participants, the signing of this programme represented a poignant and inspiring moment. And yet this achievement marks only the first step, for it is vital that momentum is maintained, partnerships built upon and commitments honoured. Ultimately, words have to be translated into actions, if the ink on the paper is to make a difference on the ground.