In Dialogue with the State of Palestine, Experts of the Human Rights Committee Commend the Creation of an Observatory to Combat Gender-Based Violence, Raise Issues Concerning the Death Penalty and Reported Targeting of Persons Exercising Freedom of Expression

 

The Human Rights Committee this morning concluded its consideration of the initial periodic report of the State of Palestine on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the creation of an observatory to combat gender-based violence, and raising issues concerning the death penalty and reported targeting of political opponents, journalists and human rights defenders who exercised freedom of expression.

A Committee Expert said that the creation of the National Online Observatory of Gender-Based Violence was commendable. 

Another Expert asked about draft legislation concerning the death penalty.  What were its tenants, what was its status and was there a timeline for its implementation?  Reportedly, the State party would rather regulate the death penalty than abolish it for lack of political will.  Would it consider abolishing the death penalty altogether?

One Committee Expert noted with concern reports that political opponents, journalists and human rights defenders who dissented from the Government were targeted based on their social media posts.  Speaking critically of the Government was a legitimate exercise of free speech.  What steps would the State party take to protect journalists and others who exercised freedom of expression through social media or otherwise, including those who criticised the Government?

Mohammad Fahad S.A. Shalaldeh, Minister of Justice and head of the delegation, said the recent demolition of homes, and the killings and displacement of civilians in Jenin were crimes against humanity.  The dialogue was taking place in a context of the continuing Israeli civilian and military occupation of Palestine, whose people were denied their basic human rights. Palestine believed that incorporating the rights and freedoms inscribed in international human rights treaties into its policy and legislation was necessary.  The Covenant could soon be signed by President Abbas and 11 other treaties had been published in the official gazette.  Mr. Shalaldeh called on the Committee to pressure the occupying power to allow occupied Jerusalem to participate in general elections.

In the ensuing discussion, the delegation, in response to Experts’ questions, said that the death penalty was in the penal codes applied in civil and military courts.  Since 2005 it had not been implemented, however.  Following the instructions of the President, death sentences had been frozen or converted into life or other sentences.  A draft code had been proposed that would abolish the death penalty in the military code.  It would be addressed during the next Legislative Council.  All capital punishment in Gaza was beyond the control of the Government. 

Palestinians believed in plurality and freedom of expression, the delegation said.  Prominent journalist Shireen Abu Akleh was deliberately murdered by the occupier while the world watched.  Palestinians did not behave in this way, and respected the work of journalists.  No Palestinians could burn any holy book or slander any faith, unlike settlers who had burned mosques in Turmus.  Freedom of expression was protected by law in Palestine. 

In concluding remarks, Mr. Shalaldeh said the crucial and objective questions of the Committee had been met with frank and honest responses by the delegation.  The State of Palestine would respond to the shortcomings raised in the dialogue with appropriate measures, both legislative and non-legislative, to ensure implementation the Covenant without discrimination based on race, nationality, religion or any other category.

Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue was an important tool to understand the Covenant’s implementation in the State of Palestine.  Issues addressed during the dialogue included discrimination; marital rape and gender-based violence; independence of the judiciary; the right to peaceful assembly; training of law enforcement; political violence; and the right to privacy for lesbian, gay, bisexual, transgender and intersex persons.

The delegation of the State of Palestine was made up of representatives of the Ministry of Justice; the Ministry of Foreign Affairs; the Ministry of Interior; the Central Bureau of Statistics; the High Judicial Council; the Anti-Corruption Commission; the Public Prosecution; and the and the Permanent Mission of the State of Palestine to the United Nations Office at Geneva.

The Human Rights Committee’s one hundred and thirty-eighth session is being held from 26 June to 26 July.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

 

The Committee will next meet in public at 3 p.m., Monday 10 July to begin its consideration of the eighth periodic report of Colombia (CCPR/C/COL/8).

 

Report

 

The Committee has before it the initial periodic report of the State of Palestine (CCPR/C/PSE/1).

 

Presentation of the Report

 

MOHAMMAD FAHAD S.A. SHALALDEH, Minister of Justice and head of the delegation, said that the recent demolition of homes, and the killings and displacement of civilians in Jenin were crimes against humanity within the framework of the Covenant.  The occupying forces had to cease their pursual of colonisation.  International human rights law and not laws from the Talmud or Torah had to govern the situation.  The continued promulgation of racist laws and execution of prisoners ran counter to international human rights law.

The dialogue was taking place in a context of the continuing Israeli civilian and military occupation of Palestine, whose people were denied not only justice because of a racist judicial system but also their basic human rights.  Settler terrorism had only escalated.  While Sven Kuehn Von Burgsdorff, representative of the European Union in Palestine, had described settler violence as terrorism and highlighted Israeli occupation authorities’ collusion with them, he also emphasised the importance of United Nations organs, treaty bodies included, to put measures in place that could prevent its escalation, killing and forced displacement.  These attacks undermined the Palestinian people’s rights to self-determination and to life, amongst others.  Worse, statements made by the occupying authority were rife with calls for national, ethnic, religious and racist hatred.  The full realisation of rights enshrined in the Covenant was impossible under the illegal Israeli occupation.  The philosophy that rights and freedoms were grounded in human dignity was inapplicable given the Israeli occupation’s actions, which had resulted in the deaths of Palestinians, and the subsequent refusal to release the bodies to their families, even for prisoners who had died serving their sentences.  Mr. Shalaldeh called on the Committee to help repatriate all bodies being withheld.

Nevertheless, Palestine acceded to international human rights treaties as the country believed that incorporating the rights and freedoms inscribed therein into its policy and legislation was necessary.  Palestine had moved from a revolutionary approach to a structured path to statehood.  While the country had made mistakes, it learned from them and sought input in improving itself.  The Dialogue would be an opportunity to address the human rights situation in Palestine fairly and candidly.

Domestically, the International Covenant on Civil and Political Rights could soon be signed by President Abbas and 11 other treaties had been published in the official gazette.  The Sustainable Development Goals were being addressed through various policy developments, including the National Strategy for Combatting Multidimensional Poverty, which was an important obstacle to overcome to obtain social justice and gender equality.  The strategy was the first of its kind adopted by an Arab country.  The Government adopted annual legislative plans to identify priorities by sector.  The process included consultations with all parties, including civil society and trade unions.

No human rights treaty could exempt Israel, the occupying power, from its responsibilities in line with the Covenant to the people under occupation.  Mr. Shalaldeh called on the Committee to pressure the occupying power to cease refusing to allow occupied Jerusalem to participate in general elections.  This refusal prevented any hope of transferring power to a Palestinian Legislative Council.  Palestine would participate fully in the constructive dialogue as the country believed that its outcomes would underscore the importance of the human rights and freedoms within the Covenant for its people.  

 

Questions by Committee Experts

 

A Committee Expert noted that the Committee was aware of the Israeli occupation, as well as continued expansion of its colonies and the Gaza Strip blockade.  The Committee had expressed grave concern during Israel’s review before the Committee in 2022 about its position that the Covenant did not apply to those under the country’s jurisdiction but outside of its territory, which was in contradiction to article 2.  The Committee called on Israel to bring its position in line with international law.  It understood the many obstacles preventing Palestine from fully implementing the Covenant and its Second Optional Protocol.  However, in acceding to international human rights treaties, Palestine committed to respecting the rights and freedoms inscribed therein in territories under the Government’s effective control, and the Committee’s questions would be asked with regard to the people under Palestinian jurisdiction, both in the Gaza Strip and the West Bank.

The Committee was concerned that several treaties that were ratified had not been published in the official gazette or had been with great delay.  Could the delegation address the delay and give a timeline for the domestication of the treaties into the State party’s legislative framework?  Two constitutional decisions of the Supreme Court had limited the scope of the Covenant’s power based on religious exemption.  Part of domestic legislation ran counter to the Covenant, such as legislation on discrimination of women and their inferior status in civil society.  How would the State party prevent judges from creating “disguised reservations” to the Covenant?

The non-discrimination legal framework in the country was of concern, as it did not address gender identity or sexual orientation.  Further, reports had been received that often “the testimony of a man was worth two of women”.  Discrimination against lesbian, gay, bisexual, transgender and intersex persons and Bedouin people was concerning, but articles addressing such discrimination were totally absent from legislation.  Antisemitic rhetoric in the public sphere was also regrettable.  Would the State party consider adopting intersectional and sweeping anti-discrimination legislation?  What statistics were available on complaints received on discrimination?  How was the State party addressing hate speech in society or online that was antisemitic, misogynist or against lesbian, gay, bisexual, transgender and intersex persons?

Abortion was criminalised, and was allowed only in certain cases with the approval of religious authorities.  How would the State party guarantee that women had bodily autonomy?  Would it decriminalise abortion altogether?  Was a sexual health strategy in place for both women and men?

Another Committee Expert noted that corruption was currently addressed through a three-party collaborative effort.  How were those on the relevant bodies appointed?  How was their independence assured?  How many reports were submitted to the Anti-Corruption Commission since its establishment in 2010?  What were their outcomes?  97 per cent of corruption cases brought by the Public Prosecution before the Anti-Corruption Court were against junior officials.  86 per cent of pending corruption cases remained unresolved at the end of 2022.  What was the level of seniority, by the position held, of officials who had been charged and found guilty under the Anti-Corruption Act?  What measures were in place to ensure that corruption investigations extended to high-level officials and promoted fuller accountability?

In 2020, 22 anti-corruption protestors were arrested during a peaceful protest in Ramallah. Eight of them were charged with unlawful gathering.  Charges against two of the anti-corruption protesters were deemed inadmissible, and six of them would be tried.  What was the status of their trial?

Whistle-blower Amira Shihadeh had received death threats and lost her job after she provided confidential information to the Anti-Corruption Commission.  How would the State party ensure confidentiality and support the work of whistle-blowers?  Could individuals submit reports to the Commission anonymously?  What updates had the Committee made on the National Cross-Sectoral Strategy for Integrity and Anti-Corruption for 2020 to 2022?

How was the need for a declaration and continual renewal of the state of emergency in 2020 justified?  Derogation from rights was only permitted if it was prescribed by law that was clear and accessible to the public, without being arbitrary or unreasonable.  Derogations should be necessary for the protection of permissible grounds recognised by the Covenant, such as public health, and must respond to a pressing social need.  How was this framework applied to the pandemic measures?  Reportedly, restrictions were used as a justification for the disproportionate use of police power.  Excessive force was used in dispersing protesters.  There were mass arrests and detention of anti-corruption protesters in Ramallah on July 19th, 2020, and of those who protested against the cancellation of the general election in April 2021.  Further, Palestinian security forces were deployed to detain journalists and social media activists criticising the Government for spreading misinformation about COVID-19, stifling free speech.  How had these violations of rights been investigated and how were perpetrators held accountable?  

Another Expert noted that the draft family protection law had still not been adopted by parliament.  What was its status and did the law contain text addressing marital rape as a specific crime?  Honour crimes were concerning.  How were they investigated?  Would the State party consider creating a special police unit?  Did security forces receive training on how to deal with female victims of violence more generally? 

How many women benefitted from transfer to protection centres during the COVID-19 pandemic?  The national referral mechanism to prevent women from committing suicide was of note.  What were its activities and impacts?  The creation of the National Online Observatory of Gender-Based Violence was commendable.  What were its impacts?

Almost half of the prison population had yet to be convicted and the situation of detainees awaiting trial was especially concerning in Ramallah.  What measures were the State party considering to reduce the number of detainees?  Was there a judicial mechanism at the disposal of detainees who had been in pretrial detention for the maximum legal period to make effective their right to be released?  Could the State party provide disaggregated data on the alternatives to detention of children and juveniles established in the 2016 Juvenile Protection Act?

Another Expert asked about draft legislation concerning the death penalty.  What were its tenants, what was its status and was there a timeline for its implementation?  Reportedly, the State party would rather regulate the death penalty than abolish it for lack of political will.  Would it consider abolishing the death penalty altogether?  43 death penalty sentences had been issued by military courts in the Gaza Strip.  How were fair trials guaranteed in these cases?

Deaths from the misuse of firearms by security forced were concerning.  18 Palestinians had been killed by law enforcement in the past five years.  What measures would be taken to hold those responsible for use of excessive force accountable?  What was the status of investigations into excessive force employed under COVID-19 restrictions?

The draft Palestinian Criminal Code included a definition on torture.  Did the definition extend to those who had attempted to commit, were complicit in or participating in torture?  Did draft legislation include a statute of limitations and exclude the ability to grant amnesty or pardons to those convicted of committing torture?  How would the State party combat the widespread use of torture?  Why had no judgements been handed down in cases of torture?

A Committee Expert said that the Israeli occupation undoubtedly had a negative effect on the overall health situation in Palestine.  What rules regulated the submission of medical requests to the occupation authorities?  Approval rates were low, considering the number of requests.  What was the average time for responses to such requests?  What was the percentage of overall budget allocated to managing health referrals in Palestine?  What were the chances of survival for the chronically ill, people with high-risk illnesses such as cancer, and people undergoing major surgeries?  How many Palestinian patients were admitted into Israeli hospitals in line with their obligations?  What roles did the United Nations Relief and Works Agency for Palestine Refugees in the Near East and the World Health Organization play in this process?  What were the measures taken to implement the recommendations of the Director-General of the World Health Organization?

 

Responses by the Delegation

 

The delegation noted that all responses would be given in good faith, as the delegation had nothing to hide.  The Covenant was highly valued in the Palestinian territories even before it was ratified and had historically informed its legislation, such as the Palestinian Basic Law provisions on local elections and combatting corruption.  The Covenant was both consistent with the State party’s legislative framework and part of it.  The draft Constitution of the State of Palestine included all the provisions of the Covenant.  Further, there was a draft law criminalising torture, including a definition of torture.  National religious identity was not in contradiction with the Covenant.  Through the State party’s accession to the Covenant, the treaty gained the same weight as national legislation, as other treaties did also.

Article nine of the Basic Law defined discrimination in terms of gender and race.  It did not include sexual orientation as a criterion.  Sexual orientation was not prosecuted and law enforcement protected the right to life of people of all sexual orientations.  The law of public health did not stipulate a link between abortion and religious opinion, but rather between the life of the women and the child.  Abortion was legal in cases of incest or pregnancy outside of marriage.  A national referral system involving health and police authorities provided for safe abortion in these cases.  There had been two cases per year that were brought to trial for illegal abortion since 2019.  An amendment was made on abortion law.  The Committee on the Elimination of Discrimination against Women recommendation did not call for acceptance of abortion in general but rather called for the State party to define cases where abortion was allowed.  This recommendation had been integrated into law.

A family protection unit had been established.  The police conducted investigations into cases of domestic violence, violence against women and related incidents through specialised units.  Specialised units would be set up and trainings conducted in the judiciary to shift mindsets and protect the best interests of the victim when dealing with violence against women.  The law was usually interpreted to serve the best interest of the victim, furthermore.  Presidential decrees had cancelled an article excusing crimes of passion.  Measures were taken to ensure that the burden of proof was not on the victim in cases of honour crimes. 

In domestic abuse cases, the victim was protected through assessments by social services, who conducted risk assessments within the family as well as psychological assessments.  The social services also determined if the victim had been manipulated to change her testimony following abuse, which was a crime.  The judge could take measures to isolate the perpetrator from the family to protect the victim.  If the perpetrator did not follow their restraining order, they would be arrested.

Marital rape was not specifically criminalised.  If complaints were reported to police, the offence was qualified as “psychological and physical harm”, determined by forensic reports.  This indeed fell short of achieving the State party’s goals, but it was a way within the country’s constitutional framework to protect women.

At the outset of the pandemic, 87 people were detained in juvenile prisons.  Following investigations, over 70 were released.  14 were still detained.

The death penalty was in the penal codes applied in civil and military courts.  Since 2005 it had not been implemented, however.  Following the instructions of the President, death sentences had been frozen or converted into life sentences or other sentences.  A draft code had been proposed that would abolish the death penalty in the military code.  It would be addressed during the next Legislative Council.  The definition of torture had been expanded to include all those who were complicit in it.  The 18 cases of torture referred to had indeed been investigated and some cases had been punished with three-year prison sentences.  Pretrial detention could last for six months.  The courts determined if a detainee was subject to it after determining the level of flight risk.  Palestine was the first Arab state to have adopted the early legal representation system.

A code of conduct in line with United Nations standards regulated the authorities’ use of force.  Trainings were given to military personnel on the subject.  Since 2016, only six cases had been brought to courts related to excessive force.  No Palestinians had been killed during a peaceful assembly; any information to the contrary was incorrect.  The two cited cases were individual cases outside the framework of security forces addressing peaceful protests.

Palestine had suffered torture more than many other States.  Delegation members recounted having been imprisoned in Israeli prisons.  The State party loathed torture.  The judiciary as well as civil society actors conducted visits to prisons to ensure compliance on the subject.

Regular courts could hand down death sentences.  One was handed down in 2016 in Ramallah but then repealed upon appeal.  It was effectively abolished, in line with the Covenant.

Women military personnel in conflict with the law were not held in military prisons.  They were detained in their units or released, unless their crimes were severe.  The recommendation on criminalising torture in Palestine would be considered.  A new draft code would define torture in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the relevant 2022 decree.  It would make penalties for the crime harsher and would lift the statute of limitations on the crime.  A governmental group focusing on the prevention of torture would also complement the torture prevention mechanism, and feedback would be sought from civil society organizations.  Article three of the act on surprise visits to prisons had been expanded to include mental hospitals and women’s shelters.  The 13-member committee would be made up of civil society actors and Government officials.  All stakeholders were involved in the selection process; appointments were not made by the President alone.  Elected terms were for eight years.  The mechanism would also benefit from an independently allocated budget.  

Training of law enforcement officers took place in workshops and even universities.  A code of conduct on the use of force and firearms was adopted in 2011.  More legislation was passed on the subject in 2018.  Guidelines for organising relations between journalists and law enforcement were also issued.  Trainings took place to sensitise officers on the Istanbul Protocol and appropriate responses to non-compliance. 

The State party restricted certain freedoms during the state of emergency.  A law was adopted in 2022 to regulate the application of the state of emergency. Palestine responded to all guidelines in addressing the pandemic to ensure health for all.  Online and in-person information health campaigns were available in this regard.  Authorities took preventative measures to ensure reduced risk of virus transmission, including promoting social distancing, travel restrictions and online schooling.  COVID-19 tests were administered to prisoners if they were suspected to be infected.  

Poverty and unemployment spiked following the pandemic.  Social security had taken those affected under its wing.  Minor infractions occurred when enforcing pandemic-related restrictions, but Palestinians were reminded that they only occurred for the protection of the general population.  

Palestine had acceded to many international conventions and agreements and in light of the events in Jenin, it would accede to more.  The State party’s legal system was a dualist system that held great respect for cultural values.  A committee was working on harmonising domestic legislation and international conventions.  Reservations were issued when there were slight differences between an international law and existing domestic law.   

Palestine’s legal system was the result of a series of occupations.  It consisted of Ottoman, British, Egyptian and the occupying power’s influence.  Palestinian legislators could promulgate laws and so could the President.  The legislation harmonisation committee would soon submit recommendations on cybercrime and the prohibition of child marriage, for example.  Since 2020, 38 out of 150 judicial decisions had been adopted on human rights, including on access to justice, civil conflict, adoption of the criminal procedure code and the judge’s authority to suspend legal proceedings.  Further, a law to combat serious crime, drug crimes, money laundering and human trafficking had been passed.  Other laws passed concerned the protection of minors, the environment and ensuring the integrity of churches.  Eight out of 57 presidential decrees had been issued on issues pertaining to human rights, including the right to health, the creation of a human rights council, and access to local election bodies.  Decrees issued by the Palestinian Authority dealt with the right to education, the rights of children and minors, and the right to water. 

Efforts to amend the penal code started in 2010, with the aid of international experts, academics and civil society members.  Following the State party’s accession to treaties, it was necessary to revisit the penal code.  However, it was unclear who was subject to the penal code.  A revised penal code had been finalised, would be approved by the parliament, and then passed to the President for final approval. 

 

Follow-Up Questions by Committee Experts

 

A Committee Expert asked for specific information on law officials trained to deal with violence against women.  Was there a correlation between honour crimes and the rate of suicide for women and girls?  Allegations of violence against Bedouin women were concerning.  In cases of divorce, Bedouin women were especially vulnerable.  Could the delegation address this?  Could it guarantee that no pretrial detainee had been in prison for over six months?

Another Expert asked for clarification on the legal status of the Covenant and its Second Optional Protocol.  Was it fully domesticated or did the dualist system provide for exemptions? 

One Expert asked how independence was ensured for the State party’s national human rights institution, citing reports of interference.  To what extent did the Government take recommendations of the national human rights institution into account? 

Another Committee Expert asked what procedures were followed when Palestinian patients were received in Israeli hospitals.

 An Expert asked to what extent could independence of the public prosecutor be assured in investigations of torture involving Government officials or the prosecutor?  The shadow report from the national human rights institution deserved praise.  It was an example of the independence needed to properly assess the human rights situation.

 

Responses by the Delegation

 

The delegation said that the Anti-Corruption Commission was established in line with article 36 of the United Nations Convention against Corruption.  Some law officials were specialised in investigation of corruption, a special prosecution existed to address corruption, and there was also an anti-corruption court.  Their independence was ensured through legislation.  Nominees from the Council of Ministers and the President were suggested to the Commission.  There had been a lack of validation of the selected members.  The President could not unilaterally remove a member.  From 2011 to 2021, the Anti-Corruption Commission received over 6,100 complaints covering all sectors and crimes.  Some were referred to the prosecution.  Over 2,000 were dismissed for lack of evidence.  Considerable financial amounts were recovered following court proceedings.  An anti-corruption strategy aiming to actively prevent corruption was drawn up with many stakeholders.  Only three per cent of anti-corruption court cases concerned senior officials.  Three ministers were prosecuted for corruption during their term of office and their immunity was not invoked.  Further, 10 directors and 15 heads of municipalities were being prosecuted. 

Regarding legal protections for whistle-blowers and their relatives, specific rules came into force in 2021.  Whistleblowing was encouraged and always remained confidential.  In 2022, 75 per cent of all complaints made by whistle-blowers were anonymous.  Complaints could be submitted by hotline, fax or in person.  Amira Shihadeh was granted protection in 2021.  It was found that there was foul play in the complaints submission process.  Despite being marginalised in her community, she recognised that she had sufficient protection because her job was protected.  Two of the protestors referred to in 2020 in Ramallah were released.  The rest were still under investigation and trials were underway.  

Israel was preventing Palestinians from accessing medical care.  It was made clear that Palestinians were second class citizens during the pandemic, as the permit system did not allow Palestinians to access appropriate medical support.  In Gaza, for example, medical support was truly lacking.  Worse, Israel pillaged goods and finances through customs and prevented medical supplies from entering Palestinian territory, a practice that greatly isolated Gaza.  

For example, for all Palestinian children suffering from cancer, 35 per cent of requests for care abroad were rejected and 65 per cent were rejected by Israel.  One patient out of 10 lost their lives for lack of care.   

All capital punishment in Gaza was beyond the control of the Government.   

Palestinian people and leaders stood firmly against antisemitism because Palestinians were semitic themselves.   

 

Questions by Committee Experts

 

A Committee Expert said detainees were entitled to seek council from a lawyer.  Reports were received, however, that their access to lawyers was deprived during the evidence-gathering stage.  How was this in line with the Covenant?  Governor-ordered detention was concerning.  Reportedly, the constitutional court ruled that this type of administrative detention was unconstitutional.  However, administrative detention seemed to drag on, sometimes for up to ten months for civilians and students.  Could the delegation address this?  What stage of the legislative process was the draft law on prison management at currently?  Could the delegation comment on the findings of prison visits carried out by non-governmental organizations and State institutions?  What health care structures were available to detainees to prevent the spread of diseases such as HIV/AIDS?  What information was available on children who had been affected through the 2016 draft law on juveniles in social care institutions?

Could the delegation provide detailed information on the process for the appointment of judges?  Reports of nepotism in this process were of concern. Could the delegation address this?  How was the independence of judges ensured in Palestine?  In 2022, the President signed four decree-laws that allowed for the extension of detention without a lawyer or defendant present.  These laws limited the right of defence and lowered the threshold of accountability for crimes committed by public and law enforcement officials.  Though the decrees seemed to violate human rights enshrined in the Covenant, they were apparently adopted on recommendation of the Transitional High Judicial Council.  Which other stakeholders were consulted in the process and what were the composition and functions of the Transitional High Judicial Council?

Another Expert asked about the status of the draft law on human trafficking.  The Child Act was also of interest to the Committee.  Which institution was mandated to provide redress for families; to protect children from violence, exploitation and illegal labour; and to care for children socially?  How were children admitted to social institutions?  What information was available on them?  There was a marked increase in 2022 in exploited women, especially victims of forced marriage, rape, forced labour and deprivation of liberty.  What could explain this increase?  There was only a small number of women’s shelters in Gaza and the West Bank, which was regrettable.  Could the Ministry of Social Development’s budget cover the cost of new centres?  What other measures would be taken in this regard?

There were projects, conducted in partnership with international organisations, that were providing the Palestinian people with a basic minimum level of human rights.  These were not enough in light of systematic violence; forced closure, arbitrary sieging and destruction of Palestinian villages and districts; confiscation of land and the settlement policy.  Nevertheless, the Palestinian Government had the duty to assume its responsibilities towards its people.  What were the alternative plans devised by the Government and the council of ministers to face these difficulties?  What measures had been undertaken to ensure basic rights such as health and education, and to provide assistance and support to needy Palestinian families?  Was the Government working to ensure credit lines including microcredit, and to promote job creation for millions through the establishment of small and medium enterprises?

Violent crackdowns on peaceful protests critiquing the Government were concerning, especially in Gaza.  In certain instances, Gaza districts had been closed downs or barricades set up.  How many peaceful assemblies were dispersed by force?  How was the force justified by the authorities?

Another Expert noted that while freedom of movement was indeed limited by the occupation, the refusal of issuance of passports to those living in Gaza for vague reasons was concerning.  While laws prohibiting such refusals existed, the phenomenon remained.  Security personnel were restricting movement out of the region, disproportionately affecting political opponents and women, who had to have permission from a guardian to obtain passports.  What would be done to ensure freedom of movement?

How would the State party ensure that democracy was restored through regular and free elections?  While voting in West Jerusalem was indeed a problem, elections were not held in Hamas-controlled Gaza.  It seemed that Israel’s refusal to allow those in Jerusalem to participate in elections had become a pretext to not hold them.  What measures would the State party take to bring election cycles and procedures in line with the Covenant?  How would the State party ensure that women had unimpeded access to civil and political space?

Another Expert expressed concerns that the Cybercrimes Law, which allowed for wiretapping and the disclosure of personal data, was too broad and endangered the right to privacy.  Would the State party amend the text of the law?  What checks and balances were in place to ensure that rights to privacy were respected in line with the Covenant?  The Law had reportedly been used to target political activists and journalists.  Six human rights defenders had their phones hacked from July 2020 through 2021 using the Pegasus technology, which was only sold to governments.  How would the State party ensure that surveillance technology would be used in cases of serious crimes, as outlined by the High Commissioner for Human Rights in 2021, and not be used to conduct surveillance on human rights defenders and journalists?  

 Reports showed that women in Palestine were afraid to use social media as their accounts were often hacked and they received threats of violence based on the content they shared.  Further, the Palestinian police banned a lesbian, gay, bisexual, transgender and intersex rights organization “Al Qaws” and called on the public to report its members for police prosecution, which led to death threats and violence against perceived lesbian, gay, bisexual, transgender and intersex persons.  In 2019, a transgender woman was detained for possessing a narcotic.  While detained, she was asked intrusive questions about her sexual life, and faced physical assaults and sexual harassment.  Had any measures been taken to combat privacy violations for lesbian, gay, bisexual, transgender and intersex persons?  Could the delegation address these incidents?

 Political opponents, journalists and human rights defenders who dissented against the Government were targeted based on their social media posts.  For example, a lawyer was held incommunicado for 48 hours for a social media post critiquing authorities.  Speaking critically of the Government was a legitimate exercise of free speech.  What steps would the State party take to protect journalists and others who exercised freedom of expression through social media or otherwise, including those who criticised the Government?  The Palestinian security forces reportedly detained 220 people in 2016 and 2017 for their social media posts.  How many people had been detained for posting comments critical of the Government on social media after 2017?  What were the outcomes of these cases, including sanctions imposed?  Courts frequently prolonged the detention of persons charged with offences such as “insulting a higher authority” or “slandering a public official”.  Reportedly, judges prolonging detention were under pressure from the Transitional High Judicial Council.  What actions were taken to address the numerous reports of unlawful prolonged detention for exercising freedom of expression? 

A Committee Expert asked about legislation on financial reporting for associations and organizations.  Reportedly, the Charitable Associations and Civil Society Organizations Act greatly delayed the disbursement of funds and impeded their functioning.  Could the delegation address this?  The Ministry of Interior rejected applications for two associations arbitrarily and security agencies refused “certificates of good conduct” to them, even though they fulfilled all conditions under the law.  Could the delegation address this?

 

Responses by the Delegation

 

The delegation said that the judiciary was independent according to Palestinian law.  Judges were appointed through a competition which would establish the eligibility of each candidate.  It was overseen by competent court officials and consisted of an oral and written exam.  The Supreme Judicial Council dismissed judges after requests were processed through an inspection committee consisting of three judges.  The President approved the appointments and dismissals.  The role of the President was mainly honorary and did not interfere in the appointment or dismissal of judges. 

The anti-torture law passed in 2022 was not consistent with the Second Optional Protocol of the Covenant, so the Government had passed an amendment to bring it in line.  It was awaiting presidential approval.  In 2019, the Committee on Torture was denied access to Palestine as the occupying powers refused to issue visas to them, but the State party looked forward to a future visit.

 The State of Palestine received reports from its national human rights institution.  Its offices conducted visits and issued complaints which were received by the Government.  Many trainings were given to law enforcement officials.

 In 2007, Palestine decided that passports would be issues to those in Gaza through the passport directorate in Ramallah, as falsified passports were concerning and could pose a threat to national interests.  Between 2011 and 2023, the Ministry of Interior rejected around 1,000 applications from persons with criminal records.  Palestine could not impose its jurisdiction throughout the territory and therefore often did not grant a passport unless someone fled the country.  Any applicant who had been denied a passport could appear in court to obtain one.  40,000 passports had been issued over the past five years. 

A high judge from a Gaza Hamas court issued the law concerning the requirement of a guardian present for traveling women.  High courts annulled the decision, but it was sometimes still enforced.  The State party was working to address this.

 The Law on Charitable Associations and Civil Society Organizations was made invalid by a 2020 decree. 

 Organisers of peaceful assemblies had to notify authorities of the assembly 48 hours beforehand to ensure the organisation of traffic and wellbeing of citizens.  If no notification was received, authorities worked to provide security as much as was possible.  Hundreds of peaceful assemblies were held in Palestine.  The number of cases dispersed by force was quite small.  The security forces dispersing assemblies operated within procedures based on the tenets of necessity and proportionality.  The Government had established a fact-finding mission following the assault of protestors and a journalist.  The Committee provided a thorough report of events and the Government recognised it.  Recommendations arose from the incident and a manual for law enforcement on dealing with journalists was established.

 The Cybercrimes Law stipulated that any inspections carried out needed to be justified.  All inspections were caried out by the prosecution and the judicial police did not have access to the dossiers.  The General Prosecutor could order the collection of information for investigations, including from information technologies.  The Jordanian Court of Cassation passed a law stipulating that the prosecution was subject to appeal.

 The Child Act placed juveniles in social care institutions under certain circumstances.  Child labour and violence against children were restricted by rules.  Charges were filed for perpetrators, including in domestic violence cases.  Three shelters existed for women and girls, separated by age. 

The increasing rate of abuses against women was positive because it represented high rates of reporting as well as access to justice.  Women were now aware of resources available to them for redress.

 50 joint field visits had been caried out to protection and withholding centres.  A coming report would contain disaggregated data on the subject.

 Israel resorted to solitary confinement at home for children below 14 years of age in Jerusalem.  As Israeli law did not allow for juveniles to be detained, they were kept at home and tracked under threat of a large fine.  Currently, 12 bodies were held in Israeli morgues waiting for repatriation to Palestine.

 The Ministry of Justice had established a clinic to promote a culture of human rights and the various human rights treaties.  In its first three years, the clinic would target remote areas and camps to identify violations against women and children and refer victims to the appropriate mechanisms.  

 Abuse of power and torture occurred following the establishment of the Palestinian Authority due to lack of experience and lack of legislative frameworks.  Following the institutionalisation of the State and passing of legislation ensuring accountability, less violations had been registered.  Palestinians believed in plurality and freedom of expression.  Palestine did not kill journalists.  Shireen Abu Akleh was deliberately murdered by the occupier while the world watched.  Palestinians did not act in the same way as the occupier and respected the work of journalists.  No Palestinians could burn any holy book or slander any faith, unlike settlers who had burned mosques in Turmus.  The freedom of expression was protected by law in Palestine.  Indeed, violations were committed by individuals and were prosecuted accordingly, in great contrast to the murder of Shireen Abu Akleh. 

 Arbitrary detention was punished in Palestine.  A constitutional court repealed a 1954 law which allowed for Governors to imprison individuals.  Two cases of arbitrary detention were received in the military courts.  A one-year sentence was handed down for the officer involved in one of them.  In another, a woman did not follow up on her complaint.  Illegally obtained evidence from mobile phones was inadmissible in court.  Sometimes, a risk of arson accompanied peaceful assemblies and the authorities could not allow arsonists to threaten the lives of others. 

 The delegation called on the Committee to present information that indicated that judges were not independent.  Palestinian judges were independent, and the President promoted such independence.  Only the law and conscience dictated the administration of justice.

 Israelis established their State at the expense of the Palestinian people.  Today, the territory called out for intervention into the settler violence in Jenin, especially from the United Nations.  The same thing had happened in Huwara.  How could Palestine implement the Covenant under occupation and duress from 63 terrorist organizations?  Men, women and children were killed in terrorist acts and the world was silent.  It was as if Palestinians did not have human rights.

 The quality of digital services would be improved, which would in turn democratise society more.  The relevant code had been updated in line with the Covenant and referred to the President.  Trafficking had been criminalised through a money laundering law.

 A law safeguarding personal data was being drafted.  Accessing personal data without approval was generally punished, and only permissible in certain exceptional cases.  A person could prevent their data from being accessed through appeal.  Violations of the right to privacy were punishable by fine and a prison sentence of up to six months.

 The law to protect the family from violence strove to bridge the gaps in current legislation.  Marital rape sparked a social controversy and therefore was side-lined from the law.  Counselling and mediation existed in cases of incest and abuse of persons with disabilities.  The relevant law was under its third review and could be adopted at the end of 2023. 

 Since 2018, 400 complaints concerning sexual violence had been filed.  Currently the State party was working to establish a new centre to combat sexual violence in the northwest of Gaza.  Support was provided for those who had attempted suicide.  The Ministry of Health had examined the psychological aspects of suicide and police had a role to play, which was why they received training on the issue.  185 cases of suicide were recorded in 2019 and for 2022, 32 were recorded.  

 Female human rights defenders were an integral part of Palestine.  To strengthen their participation, the country continued to work with non-governmental and civil society organizations to combat violence against women.  They had been included in the 2023 consultative council that set out the strategy to establish gender equality.  The Ministry of Women’s Affairs signed a memorandum of understanding with female human rights defenders and their opinions were sought.  Further, they had submitted 16 shadow reports.  In the International Criminal Court, with the help of the Ministry of Women’s Affairs, Palestine was allowed to prosecute the murder of Shireen Abu Akleh.  Israel’s Decision 21 made human rights work difficult, as it designated six human rights associations dealing with prison conditions and other human rights issues as terrorist organizations.  The Ministry would continue to assess the impact of all violations of the rights of women.

 The national committee on Sustainable Development Goals had been established.  It included actors from the public and private sector.  12 subcommittees were responsible for data collection and policy creation related to gender equality, justice and combatting poverty.

 

Follow-Up Questions by Committee Experts

 

A Committee Expert asked about the hundreds of people in the West Bank and the Gaza Strip who were in debt.  If a person was not able to pay their debt, their creditor could ask for their sentence to continue.  Out of approximately 46,000 sentences, over 3,000 were for women in debt.  How was this practice in line with the Covenant?  

It was noted that the President’s role in appointing judges was apparently honorary, but power seemed concentrated around the head of State to make those decisions nonetheless.  Could the delegation address this?

 A Committee Expert asked why women were subjected to in-person or online harassment when they participated in public or political life?

 Another Committee Expert said military courts, particularly in Gaza, had jurisdiction over civilians, reportedly issuing death sentences.  What judicial guarantees were provided to civilians tried in military courts?  Could the role of military courts be reduced by the Supreme Court? 

Another Expert asked the delegation to provide specific instances of excessive use of force occurring in peaceful protests in 2020 and 2021?   

An Expert noted that the establishment of mechanisms such as the one against torture could bridge gaps in the enforcement of legislation.

 Another Committee Member asked about a student council president and two more council members detained in “governor’s custody”.  Why were they detained?  Would they be released?  How was their detention in line with the Covenant? 

What was the situation of homeless children?  What was the age of criminal responsibility for children in Palestine? 

 

Responses by the Delegation 

There was no cooperation between Palestine and Israel, which did not fulfil its obligation as an occupying power.  Israel effectively robbed patients financially.  Charges on medical bills were inflated.  The State party had stopped dealing with Israeli hospitals on the issue.  Israel withheld a much larger portion of medical fees than of other transactions. 

Palestine’s legitimacy was reflected in the Palestinian Authority.  Elections in 2018 saw the instatement of the President and the legislative council, with the absence of three members who had yet to join.  Elections in the occupied territories since 1967 took place.  The infamous plan of former United States President Trump recognising the accession of Jerusalem to Israel made the election political in nature.  The elections would take place following acceptance of holding them in Jerusalem.  The international community had to support Palestine on this issue.   

IBRAHIM KHRAISHI, Permanent Observer of the State of Palestine to the United Nations Office at Geneva, thanked the Committee for the attention paid to the State of Palestine.  The State party would continue to liaise with the Committee to better itself.  It would need technical assistance.  It was important to call for an end to the occupation, which prevented self-determination.  Palestine was a different entity before accession to human rights treaties.  Prior to the accession to these treaties, there were violations, but accession marked a turning point for the State, which would take its commitments seriously.  Elections were important to the State party.  The 2007 coup divided the country and reconciliation would be necessary to progress further.   

The World Health Organization had released reports on the state of health in Palestine and the Occupied Syrian Golan.  Impediments to access to health included Israel setting inflated prices for vaccines, sometimes by ten times.  The German Ministry of Foreign Affairs noted that the six non-governmental organizations qualified as terrorist organisations by Israel were not qualifiable as such.  The country’s civil society actors were prevented from conducting their activities by Israel.  While mistakes had indeed been made in the past, the State party desired to address the situation for the betterment of its people, and also to show the world that Palestine could assume its international obligations.

 

Closing Statements

 

MOHAMMAD FAHAD S.A. SHALALDEH, Minister of Justice and head of the delegation, said that the delegation appreciated the Committee’s input to promote the provisions of the International Covenant on Civil and Political Rights.  The crucial and objective questions of the Committee were met with frank and honest responses by the delegation.  While shortcomings were discussed, the State of Palestine valued its feedback and would respond with appropriate measures, both legislative and non-legislative, to ensure implementation the Covenant without discrimination based on race, nationality, religion or any other category.

 

TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation for their responses, as well as civil society representatives and academics for their participation.  The dialogue was an important tool to understand the Covenant’s implementation in the State of Palestine.  Issues addressed during the dialogue included discrimination; marital rape and gender-based violence; independence of the judiciary; the right to peaceful assembly; training of law enforcement; political violence; and the right to privacy for lesbian, gay, bisexual, transgender and intersex persons.

 

 

Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

 

CCPR23.016E