C Explanatory memorandum by Ms Bilgehan,
rapporteur for opinion
1 General comments
1. I would first like to congratulate Mr Kox on his
detailed progress report on the implementation of the commitments
undertaken by the Palestinian National Council in its request for
partnership for democracy status with the Assembly.
2. I welcome the fact that Mr Kox’s report refers several times
to the question of women’s rights, which are among the commitments
undertaken by the Palestinian National Council in October 2011.
In its
Resolution 1830
(2011) granting partner for democracy status to the Palestinian
National Council, the Assembly said that the following specific
issues were “of key importance for strengthening democracy, the
rule of law and the respect of human rights and fundamental freedoms
in the Palestinian territories: … actively promoting equal opportunities
for women and men in political and public life; fighting all forms
of discrimination (in law and in practice) based on gender; ensuring
effective equality between women and men, including as regards marriage,
divorce, polygamy and inheritance law and, where necessary, initiating
a process of legislative revision; fighting all forms of gender-based
violence”.
3. I wish to stress from the outset, as did Mr Kox, that the
ongoing Israeli occupation and the refusal by Hamas to respect the
successive reconciliation agreements are major obstacles to the
implementation of the commitments undertaken by the Palestinian
National Council. Despite the difficult circumstances, however, improvements
can and must be made, particularly as regards the situation of women.
4. This opinion will therefore seek to shed further light on
the most critical aspects of the situation of women in Palestine.
I would like to thank Ms Suheir Azzouni, consultant on gender issues
and human rights in Palestine, for having taken part in a hearing
organised by the Committee on Equality and Non-Discrimination in
December 2013 and for having helped to gather information. I would
like also to thank the members of the Palestinian National Council’s
delegation to the Parliamentary Assembly for their positive approach.
2 Actively promoting equal opportunities for women
and men in public and political life (commitment undertaken by the
Palestinian National Council, paragraph 12.5 of Resolution 1830
(2011))
5. As there have been no parliamentary elections since
2006, women’s representation in parliament has not changed since
partner for democracy status was granted in October 2011. It is
regrettable, moreover, that the number of women in the government
fell from five to three after the last reshuffle in June 2013. The portfolios
held by women are now Women’s Affairs, Tourism, and Communication
and Information Technologies.
6. In local elections held in the West Bank in autumn 2012, 25%
of candidates were women as a result of the quota system introduced
in 2005. It should be noted that a women-only list (“By participating
we can”) stood, albeit unsuccessfully, in Hebron. The formation
of such a list testifies nevertheless to the dynamism and commitment
of Palestinian women as agents of change. Following these local
elections, 21.1% of councillors were women and a woman was elected
mayor of Bethlehem.
7. Palestinian women have a crucial role to play in the peace
negotiations and the building of a Palestinian State. They are highly
committed and active, as reflected in the large number of women’s
organisations, such as the Women’s Centre for Legal Aid and Counselling
(WCLAC), the Women's Affairs Technical Committee (WATC) and the
Women’s Affairs Centre (WAC), and contribute greatly to Palestine’s
image abroad. Yet they are still only marginally represented in
key decision-making posts. In this connection, the decision by the Palestinian
Government in 2012 to set up an independent high commission to implement
United Nations Security Council Resolution 1325 (2000) on women,
peace and security represents a positive development as it provides
the impetus for greater participation by women in the process of
national reconciliation and the political negotiations with Israel.
3 Fighting all forms of discrimination (in law and
in practice) based on gender; ensuring effective equality between
women and men, including as regards marriage, divorce, polygamy
and inheritance law and, where necessary, initiating a process of
legislative revision (commitment undertaken by the Palestinian National
Council, paragraph 12.5 of Resolution 1830 (2011))
8. I would like to take this opportunity to express
my admiration for the courage of Palestinian women, who have been
pioneers in the fight to liberate the Palestinian territories, but
who are subject to multiple forms of discrimination and violence.
9. The principles of equality and non-discrimination are enshrined
in the Palestinian Basic Law (Article 9), but this text also provides
that the principles of Islamic Shari’a shall be a principal source
of legislation (Article 4), which can be interpreted as undermining
women’s rights, particularly in the field of family law. Moreover,
the fragmentation of the Palestinian legal system exacerbates the
discrimination faced by women as it prevents them from enjoying
the same rights in all Palestinian territories. Indeed, the personal
status rules applicable to women vary according to whether they
live in the West Bank or in Gaza and depending on the religious
group to which they belong, and are implemented by religious courts
(Shari’a courts for Muslims, other religious courts for Christians).
Similarly, the fact that Palestine has no law on nationality creates
significant disparities between women according to their place of
residence (Jerusalem, West Bank or Gaza) and means that old nationality
codes (Jordanian in the West Bank and Egyptian in Gaza) which are
highly discriminatory towards women are still applied to them.
10. The personal status of women remains a source of serious concern
and there has been no significant improvement since October 2011.
As pointed out by Mr Kox in his report, Palestine lacks an effective
legislative power at present. This state of affairs makes it impossible
for family law to be harmonised and brought into line with international
standards, especially those contained in the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW). The Palestinian
National Authority’s unilateral acceptance of CEDAW in March 2009
has strong symbolic value, but must be translated in practice into
measures to promote equality of rights between women and men. Yet
serious inequalities remain with regard to marriage, divorce, inheritance
and custody of children.
Note
11. The overall employment situation in Palestine is also critical,
with 23% of the working population unemployed. Women in particular
suffer from the high unemployment rate. The employment rate for
women stood at around 15.2% in 2012, while, according to World Bank
figures, female unemployment rose from 23.8% in 2008 to 32.9% in
2012. Resolute measures should be taken to encourage women’s access
to the employment market, be it the private market or public administration.
4 Fighting all forms of gender-based violence (commitment
undertaken by the Palestinian National Council, paragraph 12.5 of
Resolution 1830 (2011))
12. The figures for violence towards women remain extremely
alarming. A National Strategy to Combat Violence against Women 2011-2019
was drawn up by the Ministry of Women’s Affairs and adopted by the Palestinian
Government in January 2011. It identifies culture, norms and traditions
as the main factors in violence against women in Palestinian society,
patriarchal culture being an important parameter in this regard. Furthermore,
the political and economic situation in Palestine exacerbates the
climate of violence, which finds an outlet in violence against women.
13. In a 2012 report, the Palestinian Central Bureau of Statistics
found that 37% of married women were exposed to violence in Palestine
as a whole. In the Gaza Strip, one in every two married women was
affected. According to the report, two thirds of women subject to
violence prefer not to say anything. The reporting of acts of violence
is perceived in society as being shameful and unacceptable, particularly
when these acts are committed by family members. In Gaza, moreover,
it was found that the police were reluctant to register complaints
and sought above all to reconcile couples so that they would not
get divorced.
Note Furthermore, shelters
for abused women are sorely lacking in Palestine: there are none
in the Gaza Strip and only three in the West Bank. It follows that
women are not encouraged to report acts of violence against them.
Women’s economic dependence is another obstacle to the reporting
of acts of violence. One positive development, however, is the approval
by the Palestinian Government in February 2013 of a referral system
for abused women to improve the delivery of legal, social and health
services.
14. So-called “honour” crimes increased in 2013 with 27 reported
cases, over two thirds of which were committed in the West Bank.
Note They
are a sign of a patriarchal society founded on discrimination against women.
Being committed by members of the family unit, few of these crimes
are reported, which contributes to a sense of impunity on the part
of those responsible. I can only join with the Palestinian Independent Commission
for Human Rights in calling on the Palestinian authorities to take
without delay the necessary measures to protect women from these
acts, prosecute the perpetrators and prevent the commission of such crimes
by imposing sentences commensurate with the gravity of the offences.
It is unacceptable that the legislation in force allows murders
to be justified on the grounds of “family honour”, thus reducing
the prison sentences handed down. The draft Criminal Code drawn
up in 2010-2011 under the aegis of the Ministry of Justice by a
group of governmental and non-governmental organisations dispenses
with the notion of “family honour”, but it has not been formally
adopted and promulgated. It should be noted that the draft Criminal
Code contains many other advances in women’s rights: for example,
it criminalises sexual harassment and domestic violence, introduces
fines for marriages contracted before the age of 18 without the
permission of a judge and the minor’s legal guardian and introduces
a minimum prison sentence of five years for murder. It is regrettable, however,
that this text also provides for a reduced sentence for murder committed
after the discovery of an adulterous relationship and criminalises
consenting sexual relations between unmarried adults.
15. I also welcome the fact that the Palestinian National Council’s
delegation to the Parliamentary Assembly is represented within the
Parliamentary Network “Women Free from Violence”. The active participation
of Ms Najat Alastal testifies to the Palestinian National Council’s
commitment to combat violence against women and gives tangible expression
to the Palestinian authorities’ efforts in this field.
5 Fighting racism, xenophobia and all forms of discrimination
(commitment undertaken by the Palestinian National Council, paragraph
12.14 of Resolution 1830 (2011))
16. Given the committee’s terms of reference and the
commitment by the Palestinian National Council to fight racism,
xenophobia and all forms of discrimination, I would like to address
the situation of persons with disabilities, who account for a significant
proportion of the Palestinian population. A study carried out in
2011 by the Palestinian Central Bureau of Statistics and the Ministry
of Social Affairs shows that, based on a broad definition of disability
(a few or several difficulties), the prevalence rate is 7% in Palestine.
17. A legal framework protecting the rights of persons with disabilities
exists in Palestine. The Basic Law prohibits all discrimination
based, inter alia, on disability (Article 9)
and stipulates that the Palestinian Authority must guarantee education,
health and social protection to persons with disabilities (Article
22). Moreover, a 1999 law (No. 4) on the rights of persons with
disabilities provides that they have the right to a free and decent life
and to all services on an equal footing with other citizens.
18. However, the 2012 report of the Palestinian Independent Commission
for Human Rights notes that the issue of disability is not included
in the strategies and plans of governmental and private organisations.
In the absence of any quota, access by persons with disabilities
to the employment market remains limited, and persons with disabilities
who do work often have menial jobs and are faced with negative attitudes
from colleagues.
19. I therefore welcome the government’s decision to reactivate
the Supreme Council of Disability to implement the 1999 law and
the announcement by the Ministry of Social Affairs of the drawing
up of a strategic framework on disability issues which will no longer
be founded on a social or humanitarian approach but on a human rights-based
approach.
20. I strongly encourage the Palestinian authorities to use the
United Nations Convention on the Rights of Persons with Disabilities
as a frame of reference in order to bring their legislation and
practice into line with the relevant international standards and
counter the generally negative perception of disability in Palestine.
I wish to stress that the social integration of persons with disabilities
is not the responsibility of government alone, but of society as
a whole and the individuals of which it is composed.
6 Conclusions of the rapporteur
21. I welcome the efforts of the Palestinian authorities,
who continue to demonstrate their commitment to defending equality
between women and men and improving the status of women in Palestine.
The political and legal situation makes it difficult to achieve
real progress, but the will to advance towards a democratic and inclusive
society clearly still remains. For this reason, I endorse the recommendation
by Mr Kox to maintain the partnership for democracy with the Palestinian
National Council and to conduct another evaluation in two years’ time.
22. I also wish to reiterate the opinion expressed by the Committee
on Equality and Non-Discrimination in 2011 that obtaining partnership
for democracy status is not an end in itself, but the beginning
of a process. The Palestinian authorities should enlist the expertise
of the Council of Europe in order to bring the legal rules applicable
in Palestine fully into line with human rights standards, particularly
as regards equality between women and men and protecting women against
violence. Key Council of Europe conventions such as the Istanbul
Convention on Preventing and Combating Violence against Women and
Domestic Violence (CETS No. 210) could serve as reference instruments
in the context of technical assistance provided by the Council of
Europe.
