Reviewing Legal Implications of the Political Situation 2007 – 2012

Introduction:
In order to usher into a new era of legal and political organization, it is necessary to diagnose the existing situation and overcome obstacles that hinder moving to the next phase. The recent and present political situation in the Palestinian Territory, as a result of the split between Gaza and the West Bank since 2007, had significant impacts on the legal situation including the creation of multiplicity of legal centres resulting from separately promulgated legislation in each one of these parts. The project will therefore focus in the first year on a review of the existing legal situation following the split in order to conceptualize a legal proposal to remedy the implications of this political situation.

Following election of the second Palestinian Legislative Council in 2006, the political situation in the Palestinian territory has been unstable. Prevalent political conditions have exerted several legal practices, which now definitely necessitate a constitutional review. In particular, the extent to which such legal activities conform to or breach human rights and freedoms should be examined. For example, many pieces of legislation came in the form of decree laws issued by the PA President, without being presented to the Palestinian Legislative Council (PLC). In addition, more than one version of the Palestinian Official Gazette was issued, sometimes featuring contradiction amongst pieces of legislation published therein. Furthermore, some practical activities, including licensing of associations, political detentions, etc, need to be scrutinised as to determine their consistency with effective laws or their contravention or breach of fundamental human rights.

Overall objective:
Review of the existing legal situation following the split in order to conceptualize a legal proposal to remedy the implications of this political situation.

Duration:
1/1/2012- 31/12/2012

Status of the project:
Ended

Donor:
Konrad Adenauer

Team:

• Mahmoud Alawneh

• Razan Barghouti

• Ala Hamad

• Nidal Barham

Activities and outputs:

• An extensive literature review and bibliography of legal issues with a focus on changes in the legal system since the 2006 Palestinian Legislative Election, and a survey of reports, legislation and studies from NGOs, higher education institutions and international actors.

• A set of background papers dealing in depth the current status of the legal system, both de jure and de facto, in the West Bank and Gaza. These papers could become the basis for a later publication.

• A Research Plan detailing the scope and aims of the fieldwork (visits to governmental institutions, interviews with Politicians from different factions,  justice sector related institutions and NGOs).

• Training of fieldworkers

• A set of descriptive reports detailing the results of the fieldwork and providing a mapping-out of the current state of the Palestinian legal system.

• One day workshop to discuss preliminary findings of fieldwork with stakeholders.

• A State of Affairs document outlining the present situation in the Palestinian legal system (based on background studies & descriptive reports).

• A set of proposed policy directives on improving & harmonizing the legal system and strengthening the rule of law in specific areas (based on normative reports).

• One day conference to discuss the results

• Publication