Reporting period Embassy Juneof 2016 the Kingdom of the Netherlands, 2015 Ramallah, Palestinian Territories
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1 Organisation Date Reporting period Embassy Juneof 2016 the Kingdom of the Netherlands, 2015 Ramallah, Palestinian Territories Activity Implemented by 2015 Result area Rio marker Gender marker Number Name Actual expenditure Name organisation Channel Result area Mitigation/Adaption Significant/principal Significant/principal RAM Access to Justice Phase II UNDP/PNUD Multilateral organisation General Not applicable [ ] Significant RAM PEGASE EUROPEAN COMMISSION Multilateral organisation Rule of law Not applicable [ ] Not applicable RAM OQR RoL Programme UNDP/PNUD Multilateral organisation General Not applicable [ ] Not applicable RAM AMAN Anti-Corruption V COALITION FOR ACCOUNTABILITY & INTEGRITY, AMAN NGO General Not applicable [ ] Significant RAM PLO-NAD-VI THE REPRESENTATIVE OFFICE OF NORGovernment Peace processes and political governance Not applicable [ ] Significant RAM - Youth Peace initiative 0 Youth Peace Initiative NGO Peace processes and political governance Not applicable [ ] Not applicable
2 Result Area 1 Result question 1a: To what extent have physical security and freedom from fear as experienced by men and women from all social groups improved? (country level) 1.1 All kinds of violent acts against citizens, including sexual violence, and other physical security threats are reduced 1.2 Institutions responsible for maintain security perform their tasks effectively, accountably and in better coordination, responding to the needs of citizens (SSR) 1.3 Communities and civil society contribute to human security independently and in coordination with responsible institutions Human security The violence which erupted in October 2015 and the subsequent measures by the Israeli authorities had a negative impact on human security, both in Israel and Palestine. Under these circumstances it is remarkable that more people felt safe walking in the streets (Gallup). The Dutch SRoL programme continued to concentrate its efforts on building the capacity of the Palestinian Civil Police to respond to the needs of citizens and perform their tasks effectively (subgoal 1.2). It is expected that this will enhance the confidence of Israel in the Palestinian authorities'capacity to maintain security in the West Bank, a preconditon for a two state solution to remain viable. It will also enhance the confidence of the Palestinians in their government and strengthen the social contract between the PA and its citizens. The confidence in the police has gradually increased since 2012 and is higher then in any of the other security forces. Having moved from a 2.87 average to a 3.30 average, it is now the most trusted institution of the justice and security sectors. The gender gap also seems to be closing, with a higher level of trust of women compared to men. The indicator is even more encouraging if you take into account the active role of the police in preventing security incidents at the peak of the violence, which undermined their morale and made them subject to accusations of collaboration with the occupation forces. Security cooperation with Israel remained at a high level, despite political demands to end securty cooperation in the absence of a credible peace process. Indicator 1: Percentage of people that feel safe walking alone Gallup Indicator 2: Number of female military peacekeepers UN peacekeeping Indicator 3: Performance of the security apparatus Fragile states index N/A Indicator 4: Militarisation Global peace index Indicator 5: Societal safety and security Global Peace Index Indicator 6: Level of Trust in Palestinian Civi Police (dissagr. by sex) (scale 1-5) no data no data 3.30 (3.34 female) PCBS perception survey Result question 1b: To what extent have your programmes contributed to these results? 1.1 All kinds of violent acts against citizens, including sexual violence, and other physical security threats are reduced 1.2 Institutions responsible for maintain security perform their tasks effectively, accountably and in better coordination, responding to the needs of citizens (SSR) 1.3 Communities and civil society contribute to human security independently and in coordination with responsible institutions Sawasya programme (the biggest SRoL programme in the Palestinian Territories - Netherlands provides 1/3 of total funding) accelerated implementation of a citizen complaint mechanism at the PCP. Standardization of disciplinary actions for police misconduct progressed, with 4202 cases handled of internal police conduct resulting in 54 dismissals of concerned police officers. The Palestinian Civel Police (PCP) Gender Strategy and Action Plan were developed and approved in A baseline survey was designed with collaboration of the PCP, Attorney General's Office (AGO) and Ministry of Social Affairs (MOSA) to: i) assess perspectives of women working in the police of the gender sensitivity and equality of the PCP work environment, and; ii) assess satisfaction levels among women beneficiaries who come into contact with police. The institutions also shared statistics on VAW cases. The Beneficiairy Survey found that 60 per cent of beneficiaries of the police Family and Juvenile Protection Units are satisfied with the services, the highest satisfaction rate for any police unit. The design of the pilot One-Stop Centre in Ramallah was approved by PCP late 2015, allowing for the construction in The one-stop-centre for women, children and juvenile offenders will bring together all services in one location, providing victims with access to gender responsive police officers, VAW specialised prosecution services, health care, forensic services, psychosocial assistance, temporary shelter and critical referrals, while accelerating the handling of cases related to violence against women and children. Indicator 1: Number of justice and security institutions linked to MIZAN 2 (case management system) Indicator 2: Number of complaints against the police processsed by the BGHR (PCP Bureau for Grievances and Human Rights) in accordance N/A with procedures 8 (MoI, MoJ, PBA, Land Authority, Judicial Police, AGO, Palestinian Monetary Authority, MOT. MIZAN 2 Indicator 3: Number of One Stop Centres established and operational 0 2 N/A N/A N/A 1 Sawasya programme report
3 Assessment of results achieved by NL across the entire Result Area 1 Human security Assess achieved results compared to planning: B. Results achieved as planned Reasons for result achieved: At programme level results were achieved, despite difficult circumstances. Nevertheless, the overall provision of human security to the population has deteriorated, especially in Gaza, East Jerusalem and area C. This can be attributed to the protracted conflict and absence of a peace perspective, the lack of reconciliation between Gaza and Westbank, the lack of economic opportunities and the restrictions in movement and access. The Palestinian police only has limited or no access to area B and C. The virtual absence of policing services in these areas has created pockets of crime and lawlessness in a large part of the Westbank and especially in the suburbs of Jerusalem. As a result, many people are reverting to traditional and informal mechanism to solve conflicts. This is even more the case in Gaza, where Hamas security services do not cater for the multiple security needs of the population under difficult economic and social circumstances in which their basic needs are not fulfilled. Informal mechanisms have the inherent danger of not catering for the rights of all groups in an equal manner. Implications for planning: Succesful first results of One-Stop-Shop pilot in Ramallah led to planning for additional One-stop-shops in other areas. Despite the improved access and movement of the police which was established through the Quartet RoL programme in 2014/15, presence of the police on the ground in these areas was marginal, due to limited staff capacity, equipment, infrastructure and resources. Also the police internal coordination and chain of command needs further strengthening. These two aspects will receive more attention throuhg the Quartet RoL Programme phase 2 and through a security needs survey in area B and C by the Palestinian Centre for Policy Research and Survey. Result question 2a: To what extent do men and women from all social groups have access to effective and independent justice institutions and have confidence in the rule of law? (country level) 2.1 Men and women from all social groups are aware of their basic rights and fundamental freedoms and have equal means to access formal and informal justice systems (legal empowerment, access to justice) 2.2 All justice institutions perform their tasks effectively, accountably and in better coordination, responding to the needs of citizens (justice sector reform) 2.3 The justice system is independent and effectively curbs abuse of power by state institutions, armed actors or powerful private actors 2.4 Formal and informal justice institutions effectively address legacies of human rights violations and serious crimes committed during periods of armed conflict or dictatorship, and address root causes that give rise to conflict (transitional justice) Result Area 2 Rule of law By the end of the year, political progress on reconciliation between Fatah and Hamas had reached a virtual standstill, with zero movement on contentious issues of justice and security integration. This affected the justice sector, undermining efforts to forge a unified and independent judicial authority as well as an integrated legal framework. Major reforms in the justice sector regarding roles and mandates of institutions were not implemented and there was a high turnover of leadership, with the Ministry of Justice, the Chief Justice and the Attorney General all being replaced at the beginning of the year. In this difficult macro political environment, the programme focused increasingly on improved access to justice for women and children, legal literacy and legal aid services. (subgoal 2.1). State and institution building efforts in the West Bank continued, as wel as coordination of sector reforms through the Dutch Co Chairmanship of the Justice Sector Working group (subgoal 2.2). Despite the disappointing developments on macro political level, survey results point to a growing level of confidence in the justice system providing fair and equitable outcomes in comparison to 2011 and 2012 data. Most notably, the gender satisfaction gap has been closed: While the first survey in 2011 saw women less satisfied than men with Palestinian institutions (by an average of 11%), this trend has been reversed in four years. Legal literacy has also improved, though women still remain behind.according to reports from Aman (local TI chapter), political corruption is on the increase, even though it is still relatively low compared to the region. The independence of the judiciairy in the West Bank seems to be still largely intact, as can be concluded from the ruling of the Supreme court declaring the nomination of the previous Chief Justice by the president illegal. The Chief Justice was removed from office immediately after the ruling. Indicator 1: Human Rights and Rule of Law - Fragile States Index N/A Indicator 2: Rule of Law overall standing World Justice Project Rule of Law index Indicator 3: Confidence in Judicial System Gallup World Poll Indicator 4: Civil justice free of improper government influence - World Justice Project Rule of Law index Indicator 5: Criminal justice free of improper government influence - World Justice Project Rule of Law index Indicator 6: Corruption Perceptions Index -Transparency International Indicator 7: Rate of confidence in the justice system providing fair and equitable outcomes (segrateted by sex) 46.6% (2011) 48% no data no data 51,10% PCBS public perception survey Indicator 8: Legal Literacy: Level of public knowledge on how to file a complaint with the police 67.3% (m)/47.1 % (f) no data no data 85.3% (m)/56.4% (f) PCBS public perception survey
4 Result question 2b: To what extent have your programmes contributed to these results? 2.1 Men and women from all social groups are aware of their basic rights and fundamental freedoms and have equal means to access formal and informal justice systems (legal empowerment, access to justice) 2.2 All justice institutions perform their tasks effectively, accountably and in better coordination, responding to the needs of citizens (justice sector reform) 2.3 The justice system is independent and effectively curbs abuse of power by state institutions, armed actors or powerful private actors 2.4 Formal and informal justice institutions effectively address legacies of human rights violations and serious crimes committed during periods of armed conflict or dictatorship, and address root causes that give rise to conflict (transitional justice) Through its Civil Society Component, the Sawasya programme supported the efforts of 69 civil society organizations (CSOs) and universities in both the West Bank and Gaza, working on legal aid (with specialized assistance to juveniles and women and girls), VAW prevention, human rights monitoring, advocacy, civilian oversight and anti-corruption. The state building efforts in support of the justice institutions continued. Technical expertise injected into the various institutions of the PA through the Sawasya programme and EUPOL Copps helped strengthen institutional capacity in planning, M&E, women s human rights, legislative reform, information technology (IT) and gender and juvenile justice mainstreaming.with special emphasis on strategic planning capacities and gender in the High Judicial council, the public prosecution, the Ministry of Justice, the Sharia courts and the Bar Association. Subgoal 2.1: 2015 saw excellent progress towards annual targets in terms of the number of female and male beneficiaries reached through legal assistance, with legal aid figures surpassing the annual targets. Legal aid services provided through the Ministry of Social Affairs legal aid unit increased significantly in relation to (675 cases, as compared to 250 cases during the 2014 reporting period). During 2015, Sawasya partners were able to deliver legal aid (representation and counseling) to 24,891 individuals (51% women) in the West Bank and the Gaza Strip. Subgoal 2.2: In cooperation with the Gender Unit at the Attorney General's office (AGO), draft Standard Operating Procedures (SOPs) for handling cases related to violence against women and girls (VAWG) were developed. These 15 SOPs aim to institutionalise procedures that are followed by the Public Prosecution in VAWG cases, from the investigation and litigation phases until a final ruling is handed down also saw important progress towards institutionalising specialised services for women and girls, with 19 specialised prosecutors trained and mobilised in cases of violence against women. The percentage of judgements enforced during the reporting period shows 60%, exceeding the 40% target set by the Sawasya programme. The HJC Notifications Department managed with support from Sawasya, to reduce the backlog of notifications in four months from to cases. Self-Service Kiosks were deployed in front of courthouses in different districts. More electronic services for the public were introduced, providing access to court information via the Internet to enhance and improve access to justice, and enabling the public to access information without physically visiting the enforcement department. The HJC website recorded 2,334,782 transactions of public services during 2015 alone, including document views, downloading templates and monitoring case development. This has greatly reduced congestion at the Enforcement Department s front office related to public inquiries on court decisions. This major development will now allow enforcement staff to focus on handling requests, improving the quality, efficiency and reliability of enforcement department services. Subgoal 2.3: The evaluation of the National Strategy on Anticorruption was completed. With almost 50% of its recommendations implemented, the roll out of the Anti-Corruption Strategy is on track, and the Commission continued to see a steady level of complaints received.19 parties committed to partner with the PACC to implement the strategy.51 staff members received professional training and attended workshops to improve their skills. Awareness-raising activities reached more than 5,931 individuals (civil servants, school and university students etc.). Indicator 1: Number of legal aid beneficiairies (disaggregated by West Bank/Gaza, sex) (5174 WB of which 30% women, 5567 Gaza of which 48% women, 2013) with 40% women minimum in WB and maintaining a percentage of 70% of women beneficiaries in Gaza N/A (5174 WB of which 30% women, 5567 Gaza of which 48% women, 2013) (WB: 7581 of which 28% women, Gaza: 6685 of which 79% women) (WB: of which 30% women, Gaza: 6898 of which 70% women) Sawasya CSO reports Indicator 2: Number of beneficiairies of legal awareness raising activities (disaggregated by West bank/gaza) (WB:9643 / Gaza 22480) (2012) (WB: 15303, Gaza: 35686) (WB:9643 / Gaza 22480) (Gaza: 19191/ WB: 3029) 6943 (WB 1487, Gaza 5455) (WB: Gaza: 19162) Sawasya CSO reports Indicator 3: Percentage of beneficiairies satisfied with legal aid services (score: satisfied and very satisfied combined) (disaggregated by sex) Indicator 4: Number of corruption complaints, investigations, prosecutions and adjudications handled by the PACC and CCC Indicator 5: Percentage of judgements enforced by the Execution Department (out of registered cases) 79% (66.7% men and 86.5% women). (baseline 2013) PACC received 392 complaints and notifications in 2013, of which 19 were transferred to the CCC. CCC received new 19 cases, and ruled on 7 cases. (2013) 80% N/A 600 complaints and notifications N/A 79% (66.7% men and 86.5% women). (baseline) PACC received 392 complaints and notifications. CCC received new 19 cases, and ruled on 7 cases. no data PACC received 511 complaints and notifications, CCC received 32 cases, of which 20 rulings, 97.4% (99.2% women) PACC received 477 complaints and notifications, CCC received 44 cases, of which 31 rulings, 20% 50% N/A 20,00% 54% 59% MIZAN 2 Case Management System UNDP Legal Aid Beneficiary Satisfaction Survey Report Palestinian Anti Corruption Commission Indicator 6: Number of targeted Attorney General's Office prosecutors demonstrating increased level of gender sensitivity and understanding 0 (2014) 25 N/A N/A 0 15 Sawasya programme report of gender equality, women's needs and rights Indicator 7: Number of complaints lodged with relevant bodies arising out of monitoring 117 (2014) 30% increase N/A N/A Sawasya CSO reports Indicator 8: Number of justice and security institution staff that benefitted from accredited diploma training in legal skills, legislative drafting and organizational development (disaggregated by sex) (50% female) (accumulated) of which 34 MOI staff N/A N/A no data 86 (43, women/ 1 participant from MOI ) Birzeit University (Centre for Continuous Education and Institute of Law) Report Indicator 9: Number of CSO's supported to address human rights violations (disagregated for Israeli and Palestinian) 0 15 N/A CSO reports
5 Assessment of results achieved by NL across the entire Result Area 2 Assess achieved results compared to planning: Reasons for result achieved: A. Results achieved better than planned Rule of law At the program level, results were better than expected, or according to plan, especially in relation to legal aid services and increased legal awareness (subgoal 2.1) The results were less satisfactory with regard to sustainable institution building (subgoal 2.2). Results were good in terms of improving law enforcement and accessibility of e-services, but still a lot has to be done, as the growing overall level of confidence and trust in the justice system is countered by a decreasing willingness to engage the system, which is percieved as having a lack of capacity, lengthy procedures and high costs involved. This leads to greater use of the informal system which is seen to be more expeditious. Major reforms such as on the Judicial Authority Law are still not being implemented, hampering structural improvements in effectiveness of the system. Also a slow down in sustaining capacity building efforts with the main institutions was witnessed, as a result of changes of Palestinian leadership in all three justice sector institutions in the beginning of the year. Implications for planning: Step up policy dialogue at higher political level, including through the Dutch Co-chairmanship of the Justice sector and the EU Joint Programmng and Pegase Mechanisms. Commission more area based surveys, mapping and analysis of security and justice needs in area B, C, where the rule of law is virtually absent, undermining the legitimacy of the PA. Further analysis of the results of the Sawasya pilot in support of informal justice systems in Gaza, especially with an eye on impact on provision of equal justice for women. Focus more on international treaty implementation and SDG requirements. Capacity building efforts with the PA will focus more on planning for and implementation of the requirements on the system as a result of accession to treaties such as Convention against Corruption and Convention on Civic and Political Rights (fair trial), as well as SDG 16. With the passage of the Juvenile Protection Law in 2016 and accession to the Convention of the Right of the Child, the Sawasya programme (in cooperation with UNICEF and other development partners) will ramp up its support to policy level coordination between MOSA and other actors in the justice and security sector, as work to implement the provisions of the law are intensified and institutions are able to convene around a national strategy on juvenile justice.
6 Result Area 3 Result question 3a: To what extent are processes and political governance in place that stimulate peace and stability? (country level) 3.1 Programmes are adjusted to the local situation on the basis of adequate conflict analysis 3.2 Domestic and international actors take responsibility for effective and inclusive mechanisms for peacebuilding and prevention of conflict at different levels, with an active role for women (Inclusive peace building, UNSCR resolution 1325) 3.3 Ensure effective, responsive, inclusive, participatory and representative decision-making at all levels Peace processes and political governance During 2015, violence as a result of the conflict increased. With little hope for political process in the Middle East Peace Process, most efforts of the international community are directed towards improving political governance within Palestine, and creating a more fertile ground for peace between Palestinians and Israelis at grassroot level. However, political reconciliation between the two major Palestinian factions political (Fatah and Hamas) has come to a standstill, negatively impacting political governance for peace and stability. Pressure from within Palestinian society for Palestinians not to interact with Israeli's as a form of resistance against the occupation (BDS, anti-normalization movement), make it difficult to sustainably work towards a fertile ground for peace between the twop parties on grassroot level. Indicator 1: Factionalised elites Fragile States Index N/A Indicator 2: Group Grievance Fragile States Index N/A Indicator 3: Confidence in national government Gallup World Poll Indicator 4: State legitimacy - Fragile State Index N/A Result question 3b: To what extent have your programmes contributed to these results? 3.1 Programmes are adjusted to the local situation on the basis of adequate conflict analysis 3.2 Domestic and international actors take responsibility for effective and inclusive mechanisms for peacebuilding and prevention of conflict at different levels, with an active role for women (Inclusive peace building, UNSCR resolution 1325) 3.3 Ensure effective, responsive, inclusive, participatory and representative decision-making at all levels NL supports various projects to create a more fertile ground for peacebuilding, both within the PT as well as between Palestinians and Israelis (subgoal 3.2). Sawasya continued to work in support of the increasingly fragile reconciliation process between Gaza and the West Bank through offering technical options for a harmonised legal framework across Gaza and West Bank, as well as closely examining the prospects for reintegration of the justice sector. In support of fostering a national agenda, the programme transferred one legal expert to the Council of Ministers to support its Technical Legal Harmonisation Committee, an effort undertaken in partnership with Birzeit University s Institute of Law. NL supports the PLO's Negotiations Affairs Department, to ensure sound technical knowledge and preparations are in place once there is political will to resume peace negotiations between Palestine and Israel. The project has specific targets for women participation and actively consults with civil society. Since early 2015 the NRO (in close cooperation with Embassy Tel Aviv) has identified projects that aim to enhance interaction and mutual understanding between Palestinians and Israeli s on grassroots-level. These reconciliation projects that are being implemented as a result of the Voordewind-amendment have to fulfill certain criteria in order to be eligible. Selected projects focus for example on bringing youngsters and the leaders of tomorrow on both sides closer together and take away stigma s and prejudices. Furthermore, projects focus on interaction on a cultural level, religious dialogue (e.g. over the Holy Esplanade in Jerusalem) and Track II negotiations between officials and public servants on specific issues. Indicator 1: Number of studies presented to relevant authorities related to harmonisation/unification of the Gaza/Westbank justice system 0 20 NA NA NA 12 (1survey, 1 study, 10 position papers) CSO Reports Indicator 2: Number of meetings/exchanges related to harmonisation/unification of Gaza/Westbank justice system 0 32 NA NA NA 31 (5 roundtable meetings, 5 radio episodes, 2 conferences, 3 media spots 1 workshop, 15 roundtable sessions) CSO Reports Indicator 3: Percentage females engaged in PNSP work and activities -Long term advisors 35% 40% NA NA NA 35% NAD -PNSP Annual Progress Report Indicator 4: Percentage of Palestinian leadership satisfied with availability of high quality deliverables delivered by NAD advisors Indicator 5: Up-to-date high quality reference guides available for all MEPP final status issues (current, comprehensive covering the main issues ) Up-to-date high quality RGs available (current, comprehensive covering the main issues ) 60% 80% NA NA NA 70% NA NA NA 14 NAD -PNSP Annual Progress Report, Annual leadership perception survey NAD -PNSP Annual Progress Report, Annual leadership perception survey Indicator 6: 1,6 mln to reconciliation projects between Palestinians and Israelis (motie Voordewind) NA NA NA NRO administration
7 Assessment of results achieved by NL across the entire Result Area 3 Peace processes and political governance Assess achieved results compared to planning: B. Results achieved as planned Reasons for result achieved: Mechanism have been established, but the regional and international political environment was not conducive for a meaningful peaceprocess and renewal of negotiations. The national macro level political landscape was also not conducive for reconciliation between Gaza and Westbank, which can have a negative impact on the sustainability of the achievements in the justice sector. Implications for planning: Continue political pressure and readiness on all sides to maintain the two state solution as a viable option Continue to facilitate contacts and reconciliation initiatives between Palestinians and Israeli's Result question 4a: To what extent have sustainable services and employment opportunities aimed at key conflict-related grievances especially for marginalized groups increased and improved? 4.1 Government institutions, (local) civil society and the private sector increase sustainable income-generating opportunities (incl. for IDPs and hosted refugees) in a conflict sensitive manner, working towards inclusive development and social cohesion 4.2 Governments institutions, (local) civil society and the private sector improve (equitable access to) basic services (incl. for IDPs and hosted refugees) in a manner that increases legitimacy of institutions and social cohesion Result Area 4 Social and economic reconstruction Indicator 1: Public services - Fragile States Index N/A Indicator 2: Poverty & economic decline, including unemployment Fragile States Index Indicator 3: Perception of individual well-being: a) job satisfaction b) standard of living UNDP Human Development Report N/A a) N/A b) a) 56 b) a) N/A b) a) N/A b) N/A Indicator 4: Uneven economic development - Fragile States Index N/A
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