The Independent Commission for Human Rights (ICHR) | Shadow report
measures to ensure that the provisions of the ICESCR will be implemented
in all parts of the State of Palestine.
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To date, relevant government bodies have failed to implement any procedures or measure to start enforcing and invoking the provisions of the ICESCR before national courts. Based on judicial interpretation, the State of
Palestine has not developed a formula, which provides the needed mechanisms for incorporating international conventions into the domestic legal
system.
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The Presidential Decree No. 3 of 2021 (15 December 2021) called for holding
national elections. Promulgated on 30 April 2021, the Presidential Decree
No. 12 of 2021 provided for postponing these elections, however. While the
latter continues to be in effect, the government has failed to take any action
or measure to hold national elections as a constitutional requirement.
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An institutionalised framework has not, so far, been developed with a view
to regulating the working relationship between relevant government bodies and civil society organisations. This involves law- and policy making processes, particularly in issues pertaining to the implementation of provisions
of the ICESCR and all other international treaties, which the State of Palestine acceded to.
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The ICHR is not aware of executive plans initiated by the government to
increase resilience to climate change, both socially and economically. Also,
the ICHR has no information on plans that are currently implemented to
ensure the fulfilment of ICESCR rights for everyone.
In the light of the foregoing, the ICHR recommends that:
The Palestinian government publish the ICESCR in the Official Gazette of the
State of Palestine. 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.
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 mandate of the State of Palestine
over all of the Palestinian territory. In addition to actively engaging civil society organisations in national law- and policy-making processes, the Legislative Harmonisation Committee will be reinvigorated. Membership on the
committee will be expanded to ensure the participation of civil society and
private sector.
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