A framework for unity and reconciliation in the State of Palestine

A framework for unity and reconciliation in the State of Palestine

March 10, 2017

This report was commissioned by UNDP/PAPP (Programme of Assistance to the Palestinian People) to recommend measures to be taken towards the successful review and harmonisation of laws and reintegration of the judiciary between the West Bank and Gaza. The report will focus on the effects of the internal Palestinian political division on the Palestinian legal system. The report aims to find a solution to the crisis of legitimacy in law-making in the West Bank and Gaza, the divided nature of legal institutions and the judiciary and the applicability of Transitional Justice mechanisms as a way to guide the State of Palestine in the period before elections are held. Since general as well as Presidential elections have not been held in the State of Palestine since 2006 and since the Palestinian Legislative Council have not met since 2007, it can be argued that almost all government institutions are tainted by questions of legitimacy. The report recommends the creation of independent advisory structures to guide and assist the formal institutions. Because of the stifling political factionalism that has paralysed legal and political reform since 2007, there is an intense need for independent institutions as well as the input and advice of independent regional and international experts.