Rule of Law (Sawasya II) Palestine 2019-2023
Contribution ID : SE-0-SE-6-10719This website displays open data about Swedish aid, which shows when, to whom and for what purpose Swedish aid is paid out, as well as what results it has produced. This page contains information about one of the contributions financed with Swedish aid.
The Rule of Law programme, Sawasya II, seeks to advance the rule of law, integrity, gender justice and human rights in Palestine for the period 2019-2021. Bringing together the main UN entities (UNDP/UNWomen/Unicef) mandated and invested in these areas in an integrated programme framework (three years, with provision for a further two optional years), the Sawa...
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The Rule of Law programme, Sawasya II, seeks to advance the rule of law, integrity, gender justice and human rights in Palestine for the period 2019-2021. Bringing together the main UN entities (UNDP/UNWomen/Unicef) mandated and invested in these areas in an integrated programme framework (three years, with provision for a further two optional years), the Sawasya II will contribute towards a functioning and inclusive rule of law system that respects, protects and fulfils human rights and gender equality and promote peace and security. Sweden aim to contribute with financing for the programme starting 1 April 2019, but has been involved in the development of the programme and monitored it closely since the start in July 2018, hence supports the efforts that have been made and results that have been achieved since then. Access to justice is a basic principle of the rule of law. In the absence of access to justice, people are unable to have their voice heard, to exercise their rights, to challenge discrimination or hold decision-makers accountable. Acknowledging that the ability to access justice is a human right initself and is key to the realization of all other human rights, Sawasya II will address gender justice gaps and structural discrimination against women which are deeply entrenched in the justice and security systems in Palestine. To do so, Sawasya II has conducted a gender analysis of the underlying causes of gender inequality and discrimination against women, and investigated the impact of those causes on women’s access to justice and their realization to human rights. Sawasya II adopts a holistic gender mainstreaming approach and developed a gender strategy which sets out tools, methods and approaches to ensure that women’s rights, needs and interests are adequately reflected in the programme’s policy, programming frameworks and directions. The Sawasya II programme builds on the accumulated experience and expertise of the involved UN entities, at both global and local levels, including that of the Sawasya I joint programme of UNDP and UNWomen, as well as the experience of Unicef. The process for developing the programme proposal for Sawasya II has been thoroughly based upon previous experiences, evaluations and an intense dialouge with all partners and stakeholders connected to the programme. From the perspective of the UN implementing agencies, the focus, content and strategy of Sawasya II has been informed extensively by discussions with Palestinian counterparts and stakeholders. The programme has identified key lessons learnt from the implementation of the Sawasya I programme in terms of: i) strategic and thematic focus; ii) programme implementation strategy; iii) programme governance structure; iv) programme management arrangements and v) programme gender, children and women’s human rights integration. These lessons learned, which drew on the recommendations of a mid-term strategic review, the final independent evaluation of the Sawasya I programme , an independently produced report by Clingendael Institute , and rolling internal analysis, have informed the design of Sawasya II. The implementing UN agencies have also drawn upon analysis and commentary on relevant issues emanating from multilateral forums concerned with Palestine, such as the Ad Hoc Liaison Committee and on the experiences of other political, development and humanitarian actors on the ground. The Programme aims to leverage partnerships with other key bilateral and multilateral development partners, including the Office of the United Nations Special Coordinator for the Middle East Peace Process (UNSCO), the Office of the Middle East Quartet, the European Union (via both the Office of the EU Representative and the EUPOL COPPS mission), and lead bilateral donors in the justice and security sectors.
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Result
Digitalization advanced in several areas with direct impact for citizens, including for example the launch of complaint mechanisms at the level of the Palestinian Civil Police, High Judicial Council and Attorney Generals Office allowing citizens to report any alleged wrongdoing or misconduct by the police, judges, or prosecutors using their laptop or mobile phone. At the level of family courts, enforcement orders are now automatically transferred from the courts to the banks, thereby eliminating critical barriers for vulnerable women to access alimony. Furthermore, justice clients can now file enforcement motions online, which is contributing to reducing transactional costs for citizens and improving access to justice. Emphasis was also placed on enhancing accountability and access to justice in places of detention with the further operationalization of the Nelson Mandela and Bangkok rules by the Attorney Generals Office Human Rights Unit that introduce minimum standards for the treatment of prisoners, including women offenders. As a key policy conduit for the mainstreaming of human rights obligations, standard operating procedures for the Attorney Generals Office Human Rights Unit were also developed this year as well as for the investigation of torture cases. More than 1,549 criminal sessions in courts were monitored by the coalition of civil society actors and a civic-led advocacy strategy for advancing justice reform was produced. Work was also invested to strengthen citizens equal access to legal information with the uploading of 4,780 new judgements to the automated al-Muqtafi database, including 1,000 rulings by family courts. Improved institutional processes with the further development of a planning and project management community of practice across the justice sector, including through the standardization of training modalities by the Palestinian National School of Administration. M&E processes in the Ministry of Justice and the High Judicial Council were further digitized, allowing for automated reporting against sectoral but also national policy targets in a manner that can inform pivotal governmental dialogue. The Ministry of Justice human resource management system was also automated, thereby freeing up critical staff at the level of the institution. Emphasis was also placed on improving jurisprudential consistency and responsiveness with the operationalization of technical offices in the Court of Cessation and appeal courts as well as the finalization of violence against women (VAW) instructive guidelines. In line with this, registered levels of prosecution and adjudication of cases involving violence against women continued to be on the rise. A 41 per cent and 39 per cent increase in the number of VAW cases transferred to the courts and perpetrators convicted was reported when compared to 2020. Furthermore, the establishment of two additional One-Stop Centers in the underserved areas of Hebron and Nablus was initiated along with the equipment of a specialized court to better respond to the multi-sectoral needs of women victims of violence. In relation to child justice, an increase of respectively 28 and 35 per cent in the number of children that benefitted from diversionary and non-custodial measures took place in the reporting period as compared to pre-COVID levels. It builds on the identification of six centers for the provision of alternatives to detention this year and on the further operationalization of the mediation guidelines by the Attorney Generals Office and the Ministry of Social Development. The continuous enhancement of the Mizan II case management system is also now allowing juvenile prosecutors and child protection counselors to access cases of children at risk of delinquency. This is in congruence with the development of a code of conduct for judicial staff on principles of child protection and international standards. The first national supervision diploma was also completed by protection counselors and police officers. Ecclesiastical courts and the Supreme Judge Department took critical steps towards the institutionalization of legal aid mechanisms in front of family courts. Such work is paralleled by a 23 per cent increase in public awareness on the existence of specialized legal aid services and a 95 per cent in satisfaction with state-sponsored representation when compared to 2018. To ensure sustainability on this front, clinical education programmes continued to be rolled out, focusing on socially responsible, gender transformative and practice-oriented lawyering. This was complemented by access for 31 Gaza law students (52 per cent women) to scholarships for qualifying traineeship in specialized CSOs. Meanwhile, 15,565 (73 per cent women, 8 per cent boys, 0.5 per cent girls) vulnerable Palestinians accessed legal aid services across the oPt. Furthermore, 13,184 (68 per cent women, 5 per cent boys, 2 per cent girls) accessed in-person legal awareness, and more than 498,300 had access to online content.
The overarching objective of Sawasya II has UN Sustainable Development Goals (SDGs) 5 and 16 at its core: focused on achieving gender equality and empowerment for women and girls (SDG 5) and the promotion of peaceful and inclusive societies for sustainable development, provision of access to justice for all, and the realisation of effective, accountable and inclusive institutions at all levels (SDG 16). There are four outcome objectives to support the overall programme objective; 1) Rule of law institutions are strengthened and reunified by legal, regulatory and policy frameworks in line with international standards. 2) Service provision by rule of law institutions is effective, accountable and inclusive. 3) All Palestinians, especially children and vulnerable groups, have access to justice, security and protection without discrimination. 4) Women's access to justice and security are improved through gender-responsive service delivery and empowerment of women.
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