West Bank and Gaza Strip
West Bank and Gaza Strip
Recommendations of the Fifth Legal Monitor
Justice is the basis of ruling and a characteristic of the State of good governance and the rule of law. It is a tool for safeguarding the security of citizens and the unity of society. It represents another side of the security of the country and of the Palestinian state’s progress and occupancy of its active and model membership in the international community. The embodiment of the state of law and justice is a dream and an end that are not unique to MUSAWA but are an expression of the conscience of the people who yearn for a free country and a happy nation.
These were the envisaged objectives of issuing the first survey report on the perceptions of several segments of relevance, competence, and concern in the Palestinian society in 2007 when MUSAWA issued its first report. As a result of the widespread interest among the community of jurists and those concerned in justice at the national, regional and international levels, MUSAWA took upon itself the task of issuing periodic reports primarily concerned with indicating the changes in the situation of justice. Therefore, MUSAWA has issued four previous reports of the Legal Monitor; one report every two years.
Proceeding from the importance of issuing a comprehensive national report based on the most up-to-date practical methodologies and best practices at the international level, and in partnership and exchange of professional expertise between local and international institutions used to issuing survey reports related to the situation of justice; MUSAWA, in partnership with SAWASYA program – Strengthening the Rule of Law in the State of Palestine, issues the fifth Legal Monitor Report as a comprehensive national report, which reflects the views of nine target groups. The survey report was implemented by the Palestinian Central Bureau of Statistics (PCBS), chosen for its high professionalism in the field, thus providing MUSAWA, as well as all of the people concerned and the Palestinian legal persons the broadest database related to the performance of the justice system. MUSAWA is pleased to put the report out there for the use of all people as of today.
As an independent, non-governmental, professional and neutral watchdog organization, MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession; and after thoroughly examining the results and the views of the participants in the opinion poll on the situation of the Palestinian justice system; and referring to the main points agreed upon by the majority of the participants in the survey from all segments, particularly their reference to the interference of the security forces in the judiciary, as well as the adoption of mechanisms based on favoritism and nepotism in appointments and promotions in the judiciary and the Public Prosecution, and that there is corruption in the performance of the justice institutions, and that the situation of justice is not moving towards improvement and excellence, and the absence of the political will, and the lack of the independence of the justice institutions; MUSAWA summarizes the aforementioned, in addition to the comments submitted by the participants at the press conference announcing the results of the poll, in the following recommendations, which shall be directed to the duty bearers:
MUSAWA also recommend to the right holders for:
We reiterate that these recommendations represent the most significant demands of the citizens who participated in the survey on the justice institutions, thus, we look forward with anticipation to the results of the next monitor report, hoping that they reflect a positive major and fundamental change in the views of citizens.