2021-12-01

West Bank and Gaza

West Bank / Gaza / Announcement / Core Program

MUSAWA Held the Ninth Palestine Justice Conference in WB and Gaza

Following the conferees' agreement on the correction of the title of the conference to read: “Reforming the justice system and the independence and impartiality of the judiciary is a prerequisite for ensuring civil peace, achieving national reconciliation, and achieving transitional justice.”, the activities of the Ninth Palestine Justice Conference began using video conferencing technology on Wednesday, December 1st, in the halls of the Red Crescent in Ramallah and the Al Mat'haf Hotel in Gaza, with the participation of 214 citizens (176 participants from Gaza and 38 participants from the West Bank).

In its first session, entitled: "The Reality of the Independence of the Judiciary and its Impact on the Principles of the State of Law and Constitutional Rights", three papers were presented. The first paper dealt with the justice system in light of Decree-Laws amending judicial legislation between independence and dependency. The paper was presented by the legal advisor to the Coalition for Integrity and Accountability "Aman", Adv. Bilal Barghouti. The second paper dealt with the impact of the implementation of security vetting in occupying the judicial position on the guarantees of a fair trial and the independence of the judiciary. The paper was presented by lawyer and human rights activist Fatima Ashour, while the third paper dealt with the responsibility of judges and prosecutors to implement laws affecting human rights under the judicial oath presented by legal researcher Ammar Jamous.

Three papers were presented at the second session of the conference. The second session was entitled: "Judicial Reform, Reconciliation and Transitional Justice". The first paper dealt with the role of the judiciary in the absence of the principle of the rule of law and the separation of powers, presented by Dr. Muhammad Abu Matar, assistant dean of the Faculty of Law at Al-Azhar University and assistant professor of constitutional law. The second paper dealt with the impact of the justice sector in the West Bank and Gaza on reconciliation efforts presented by the Coordinator of the Legal Aid Unit at Al-Mizan Center Mervat Al-Nahal, while the third paper dealt with judicial reform as a requirement to implement the principles of transitional justice presented by the professor and researcher in constitutional law at Birzeit University, lawyer Muhammad Khader.

The two sessions of the conference witnessed interventions, dialogues and recommendations made by a number of participants in the conference which was opened with a speech by the Chairman of the Board of Directors of MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Law Profession. In his keynote speech, Dr. Talib Awad emphasized that Justice is the basis of ruling and that the separation of powers is a feature of systems of law and good governance, and the rule of law and the preservation of rights and freedoms are important and are at the fore in the legal duty of all authorities, especially the judiciary, because the impartial, integral and independent judiciary is a right for people. Dr. Talib indicated that the Palestinian judiciary is still captive to the will of the executive authority, which culminated its hegemony and interference in justice affairs by issuing Decree-Laws amending the system of judicial legislation, recalling the statement of CSOs and the Bar Association expressing a comprehensive consensus of the civil society demanding the abolition of those decrees.

Among the most prominent recommendations and demands of the conference:

1. Forming a community committee of personalities of known integrity to review all policies, procedures and legislation that led to the status quo in the judiciary, and evaluate the performance of all judges in accordance with transparent professional standards.
2. Cancellation of the Constitutional Court and Decree-Laws amending judicial legislation.
3. Hold accountable all those responsible for human rights violations.
4. Emphasizing that judicial reform is a perquisite for the successful implementation of transitional justice procedures.
5. Emphasizing that political division contradicts the implementation of the provisions of the Declaration of Independence and the Basic Law, and is a major reason for the absence of the legislative institution, the division of the judiciary and its subordination to the executive authority, the high level of human rights violations, and the absence of general elections.
6. Appointment in the judiciary and the implementation of security vetting in it contradicts the obligations of the rule of law and the separation between the powers and the principle of efficiency and equality in occupying the public office in accordance with the provisions of Article 26 of the Basic Law.
7. The intervention of the executive authority in the judiciary led to the emergence of centers of power and alliances within the judiciary.
8. The absence of judicial reform from the reconciliation agreements is an indication of the absence of a political administration committed to the principle of separation of powers, the independence and impartiality of the judiciary, and the subordination of all to its provisions.
9. Calling for the development of a coherent national plan based on the Basic Law and the Declaration of Independence to unify and restructure the justice system.

MUSAWA hopes and calls on all relevant parties to observe these recommendations and demands and implement them to build an impartial and independent judiciary that will gain the confidence of citizens and protect their rights. MUSAWA will publish and document these recommendations, along with papers from the conference, in the next issue of its journal, Justice and Law.