− The report, in paragraph 1, does not state that after the second presidential elections
of 2005 and second legislative elections of 2006 were held, no elections have ever
been in place. Presidential decrees were promulgated, providing for holding
presidential and legislative elections in 2021. However, in spite of demands from
civil society, elections were subsequently abolished by the Palestinian President.
Against this background, the ICHR recommends that:
o The Palestinian government publish the ICESCR in the Official Gazette and
disseminate it at the national level. National legislation will be amended and
brought in line with the rights and freedoms protected and safeguarded by
the Covenant. Action will also be initiated to earmark budget allocations
needed to realise the rights contained in the ICESCR.
o Expedited action be taken to hold national elections as a legal requirement,
which can empower the elected government to impose sovereignty, extend
control, and put in place legal and judicial jurisdiction over all of the
Palestinian territory.
Equality and non-discrimination
- In paragraphs 2 and 3, the report makes reference to the legislation and procedures
guaranteeing the principles of equality and non-discrimination in rights and
freedoms. Most importantly, these include Article 9 of the Palestinian Amended
Basic Law of 2003, as a mended. Notwithstanding the provisions of this article, the
principles of equality and non-discrimination continue to be subject to unjustified
restrictions, which hinder application on the ground. There remains a set of
regulations and procedures that run counter to these principles. For example, some
provisions of the Personal Status Law establish guardianship, custodianship, and
family responsibilities. The principle of partition of matrimonial property is absent.
The Law further associates women’s economic and social rights to man’s will. In
addition, the Law No. 4 of 1999 on the Rights of Persons with Disabilities is
impaired by unclear regulations and bylaws, which ensure that the law is duly
applied and that needed financial costs for enforcement are provided. So far, a
reasonable timeline that is commensurate with the financial resources of the
Palestinian Authority (PA) has not been set forth to put the law into effect.
- The report omits any reference to the measures or processes, by which the
Palestinian government seeks to implement the ICESCR provisions. In the context
of a programme-based budget, the report fails to mention the size of appropriations
earmarked to all groups to ensure economic accessibility to all rights. Budgeted
allocations are also unclear. Accordingly, the ICHR recommends that:
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