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Ref: 158/2004

Date: 31 October  2004

Time: 11:00 GMT

PCHR Calls for Adoption of the Principle of Positive Discrimination for Women

PCHR is gravely dismayed as the Palestinian Legislative Council (PLC) has cancelled the principle of positive discrimination in the amended draft law number 5 of 1996 on the election of local councils.  PCHR adds its voice to the voices of all democratic movements, which struggle for the rights of women and their full and just political participation, and calls upon the Palestinian President not to ratify the amended law and send it back to the PLC to reconsider the principle of positive discrimination for women. 

In the past months, the PLC responded positively to demands by the society, supported by a number of deputies, to ensure the allocation of a quota for women in the local councils in proposed amendments to the Electoral Law of Local Councils.  On 31 August 2004, the PLC approved in the second reading the amended draft law number 5 of 1996 on the election of local councils, whose article 23 prescribes that “representation of any of the two sexes in local councils must not be less than 20%,” which means that at least 20% of posts in the local council will be reserved for women.  PCHR welcomed this step, which is consistent with its demands cited in a memorandum submitted to the PLC members on 26 June 2004.[1]

Regrettably, the PLC soon retreated from this step, as it voted on 21 October 2004 the cancellation of the aforementioned article, after a number of deputies challenged the past correction.  Thus, the PLC has abandoned the proposed principle of positive discrimination for women, and the debate over this issue has been won by the reservists who are against the rights of women, and those who claim that the principle of positive discrimination in itself is discriminatory and contradicts with the constitution.  This also raises concerns with regard to proposed amendments to law 13 of 1995 on the general elections. 

As the draft law was approved in the second reading, it was submitted by the PLC to the Palestinian President, either to ratify it or send it back to the PLC with comments in 30 days.  The Palestinian President has not so far ratified the draft law and the legal period has not ended.  This could be the last chance to influence the legislators to reconsider the draft law and incorporate the article related to positive discrimination for women. 

The principle of positive discrimination for women is vital and important and has been implemented in many countries to ensure women’s rights of political participation and their role in decision making.  This principle is of a significant importance in cultural and social environments that hinder equal participation of men and women in the administration of public affairs. This method can be adopted temporarily until actual equality is achieved, since legal and constitutional equality cannot ensure that women will be actually equal to men, as provided for in Convention on the Elimination of All Forms of Discrimination against Women, which entered into force in 1981, and whose article 4, paragraph 1 provides that “adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.”     

In light of the above, PCHR calls upon the Palestinian President not to ratify the draft law and to send it back to the PLC to make amendments that include the principle of positive discrimination for women.  PCHR calls also upon democratic movements, including parties, civil society groups, deputies and public figures, to continue the struggle to achieve this just and legitimate goal.     

Public Document

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PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: [email protected], Webpage http://www.pchrgaza.org