The joint UNDP, UN Women, and UNICEF Sawasya II programme ‘Promoting the Rule of Law in the State of Palestine, 2018-2023’- the UN's main initiative dedicated to advancing the rule of law, gender justice and human rights in Palestine – completed implementation in 2023. The third phase of Sawasya ‘Reinforcing Equal Access to Justice for All Palestinians, 2024-2028’ will commence in 2024. This new phase prioritizes improving service quality and responsiveness in institutions, fostering inclusivity and addressing resistance to change. To respond to the crisis in Gaza, UNDP’s programming will be adjusted to prioritize justice issues in the immediate early recovery, as well as for the longer term.
Sawasya II strengthened practice-focused legal education. Over 3,000 law students (including 1,670 women) were enrolled in clinical programmes and provided services to 972 vulnerable Palestinians (42 percent women). In parallel, Sawasya provided direct free legal consultation and representation services to 11,600 vulnerable Palestinians (75 percent women). court management system was further developed enabling access to court e-services for over 156,000 judges, lawyers, and litigants. To advance people-centred justice services, Mizan facilitated the digital transfer of alimony orders from the courts to the banks, allowing an automatic money transfer directly to a beneficiary’s account.
The Mizan II, an integrated digital court management system enabled access to court e-services for over 156,000 judges, lawyers and litigants. To advance people-centred justice services, Mizan facilitated the digital transfer of alimony orders from the courts to the banks, allowing an automatic money transfer directly to a beneficiary’s account.
UNDP’s support to Civil Society Organizations (CSOs) enabled provision of direct legal aid services to 955 beneficiaries, including court representation in cases related to residency, family reunification and child registration. Almost 600 individuals in Gaza received assistance in cases where freedom of movement was in question. Over 40 percent of all the legal recipients were women. Furthermore, CSOs offered legal and psychological support to gender-based violence survivors and provided peer-to-peer support for 2,300 women.
In 2023, the Gaza war inflicted massive displacement, casualties and infrastructure damage with women and children bearing the brunt, constituting 70 percent of deaths and injuries. Nearly 85 percent of Gaza's population was displaced. The West Bank witnessed ongoing military operations and settler violence, resulting in numerous Palestinian fatalities. These crises severely undermined the rule of law, with documented grave crimes, including unlawful killings, lack of accountability and compromised judicial institutions.
This humanitarian crisis, combined with weakened institutional capacity and loss of institutional memory, poses significant challenges to accessing justice, security and human rights. Movement restrictions that Palestinians were facing in the West Bank, were hardened following the Gaza war. Unable to move freely, Palestinians experienced difficulties which severely affected their lives and livelihoods, including inability to commute to work. Consequently, lawyers, judges, clerks and litigants struggled to access courts and workplaces which led to case backlogs and significant delays in the judicial processes.
Despite the challenging context and various security and political risks, UNDP successfully continued its rule of law programming and delivered results. The joint UNDP, UN Women and UNICEF Sawasya II programme ‘Promoting the Rule of Law in the State of Palestine’ (2018 - 2023) was completed 1 , having served as the UN's main initiative dedicated to advancing the rule of law, gender justice and human rights in Palestine. Through complementary and integrated UN efforts, Sawasya II assisted the Palestinian government in establishing a more inclusive and effective rule of law system. Across different areas of the West Bank and Gaza, the programme worked with CSOs and key government bodies 2 to improve justice and security service delivery, promote human rights and address gender disparities within the Palestinian legal framework.
ACCESS TO JUSTICE THROUGH LEGAL AID SERVICES
The Sawasya programme has significantly enhanced access to justice for Palestinians through various initiatives, including legal aid services and awareness campaigns held in cooperation with CSOs and judicial institutions.
Signifying a pivotal advancement in enhancing legal support mechanisms, a ministerial committee was established in August 2023, mandated to draft a law on legal aid, design a comprehensive legal aid system and prepare for its implementation.
In line with the community-based approach, the Sawasya II implemented practice-focused legal education. Over 3,000 students, including 1,670 women, were enrolled in clinical programmes offering services to 972 vulnerable Palestinians (42 percent women). Furthermore, financial support was extended to 68 law students (57 percent women) in Gaza to help them complete their studies and obtain a law degree.
In parallel with these institutionalization efforts, Sawasya II provided direct free legal consultation and representation services to 11,600 vulnerable Palestinians. Most of the beneficiaries (more than 75 percent) were women and girls as they face heightened vulnerabilities due to socio-economic disparities, gender discrimination and limited access to resources. In addition, more than 27,000 individuals (almost 70 percent women) benefited from legal awareness sessions.
Finally, the inception of the Feminist Legal Hub initiative brought together Shari’a lawyers trained by Women’s Centre for Legal Aid and Counselling (WCLAC 3 ) under the joint programme, facilitating feminist discourse and knowledge exchange on recent legal developments, including circulars of the Supreme Sharia Judicial Council, the rights of minors and custody rights. These discussions enriched participants’ comprehension of critical legal matters and promoted dialogue.
DIGITAL JUSTICE
Digital transition of the justice system continued to strengthen enforcement mechanisms and help resolve family disputes more quickly and effectively. The digital case management system Mizan II 4 was further developed enabling access to court e-services for over 156,000 judges, lawyers, and litigants. In 2023, the Mizan database was expanded. Over 120,000 marriage, divorce and inheritance certificates were digitized, integrated into the civil record registry and linked to the databases of relevant ministries. Additionally, 50,000 documents were archived for the enforcement unit within the Supreme Judge Department.
Two female prosecutors deliberating on an electronic file provided through Mizan ahead of a court hearing.
Photo: UNDP Sawasya
Mizan’s operations are critical to advancing people-centred digital justice services, particularly benefiting women and children. For instance, Mizan facilitated digital transfer of alimony orders from the courts to the banks, allowing an automatic money transfer directly to a beneficiary’s account.
Capitalizing on the cutting-edge Mizan II court management technology, a range of South-South cooperations were established. For example, the technology was presented to judicial counterparts in Somalia to exchange and share experiences and promote digital justice efforts in the region.
SUPPORTING HUMAN RIGHTS CSOs
In 2023, the civil society in the State of Palestine faced smear campaigns, attacks on human rights defenders, legal constraints by Palestinian and Israeli authorities and a decrease in donor support. Despite safety and other concerns, CSOs continued to advocate for human rights and provide legal aid services. The focus was on housing rights, seeking accountability for settler violence, preventing torture, documenting violations and advocating for justice amidst ongoing conflict.
UNDP supported CSOs that provided direct legal aid services to 955 beneficiaries, including court representation in cases related to residency, family reunification and child registration. Additionally, 582 individuals in Gaza received assistance in cases where freedom of movement was in question. In 56 percent of cases, the cases were resolved in favour of the CSOs’ clients. Over 40 percent of all the legal recipients were women.
Another focus area for the civil society in the State of Palestine is providing psycho-social support for women. Over 100 awareness sessions were conducted for women, men and youth to improve their well-being and understanding of mental health, psychosocial support and domestic violence. Over 90 awareness sessions were held on sexual and reproductive health rights and gender-based violence, and on the referral mechanism based on the gender-based violence service directory in the West Bank. Furthermore, CSOs offered legal and psychological support to gender-based violence survivors and provided peer-to-peer support for 2,300 women.
Lessons learned and good practices
The Sawasya programme's success lies in its participatory and holistic approach, with a high level of stakeholder engagement throughout the justice system. Similarly, improved linkages between CSOs and justice institutions working on service provision and accountability have improved the availability and quality of judicial services for women and children. Additionally, the integrated and well-resourced team enables regular reflection on the progress and shared assessment of the next steps.
UNDP will continue providing support and enhancing coordination among CSOs, locally and globally, to promote rule of law and inclusive democratic processes. Financial stability is vital for CSOs, along with strategic partnerships and knowledge-sharing.
Looking forward
In 2024, Sawasya will launch its third phase ‘Reinforcing Equal Access to Justice for All Palestinians, 2024-2028,’ building upon prior successes. This phase prioritizes improving service quality and responsiveness in institutions, fostering inclusivity and addressing resistance to change. With an integrated approach, Sawasya aims to promote intersectionality, gender justice and juvenile justice. Promoting alternative dispute resolution, including in criminal law, Sawasya will work with national partners to improve procedural laws from a user-centric perspective. Further expansion of the Mizan system will expedite the e-justice service delivery.
Finally, the programme will evaluate the situation in the justice sector to provide insights for addressing conditions on the ground following the current crisis in Gaza. UNDP’s programming will be adjusted to prioritize justice issues in the immediate early recovery, as well as for the longer term. To plan for various scenarios, Sawasya maintains contact and planning with its network of over 20 CSOs and universities in Gaza. The programme’s experience in the justice sector and its partnership networks will be its key assets in the next phase.
The Sawasya II Joint Programme approached the conclusion of its operations both financially and technically by the end of 2023, with the majority of activities typically concluding in the final months of the year. Despite the Gaza war, the program experienced minimal disruption, with nearly all operations proceeding as initially planned.
Such as the Ministry of Justice, Ministry of Social Development, High Judicial Council, Attorney’s General Office, and Supreme Judge Department, the Prime Minister’s Office, the Ministry of Women Affairs, the Palestinian Civil Police, the Palestinian Judicial Institute, and the Palestinian Bar Association.
WCLAC (Women’s Centre for Legal Aid and Counselling) is one of the CSOs that the programme has been working with under Sawasya II JP (2018-2023).
Mizan II, an integrated digital court management system was developed by the High Judicial Council of the State of Palestine with UNDP support. Mizan enhanced the justice delivery, increased efficiency and transparency of the judicial system.