Ref: 29/2006

Date:  21 June 2006

Proceedings of the Third Session on the Conference on “The New Palestinian Government and the Human Rights Agenda”

Ms. Na’ela Aayesh, Director of Women’s Affairs Center, headed the third session of the conference in the section on the rights of women and groups.  The session included five interventions and general discussion. 

In her intervention titled “Women’s Rights: What Does the Feminist Movement Want from the New Government,” Ms. Nadia Abu Nahla, Director of Women’s Affairs Technical Committee, pointed out that the Palestinian arena has witnessed a political change caused by the second Palestinian general elections, in which Hamas won the majority in the Palestinian Legislative Council.  The results of elections, Ms. Abu Nahla argued, created political debate over strategic issues that affect the essence and nature of the Palestinian political regime. 

Ms. Abu Nahla asserted that the women movement submitted its demands in 1993 to the political authority based on constitutional and legal references that ensure equality and social justice for women.  She further pointed out that the women movement was the first social movement in the Palestinian society to realize the importance of placing its demands on the agenda of the political regime.  This women’s organization, Ms. Abu Nahla asserted, played a major role in the Palestinian National Authority’s tendency to adopt national mechanism to empower Palestinian women and make them participate in the process of construction and development, even though these mechanisms have not been appropriately implemented. 

In his intervention titled “The Rights of the Retired: Towards Application of the General Retirement Law (7) of 2005,” Dr. Saadi al-Krunz, former Minister of Communications, former chairman of the Budget Committee in the Palestinian Legislative Council, explained the three mechanisms are adopted in dealing with retirement rights: the insurance and retirement fund in the Gaza Strip; the Labor Law (34) of 1934 applicable in the West Bank; and the system applied by the Palestine Liberation Organization abroad. 

Dr. al-Krunz denied any possibility to improve the professional performance or implement the Civil Service Law in light of the heavy burdens on the general budget due to several obstacles, such as the refusal of security personnel to have their own retirement law; security personnel remain on duty and obtain salaries even if they sustain serious injuries or die. 

At the end of his intervention, Dr. al-Krunz called for establishing a commission for retirement rights and expanding the insurance and retirement fund to include the private sector to ensure a comprehensive social insurance system and meet the accumulative obligations on the fund.  He further called for promoting the social security network through supporting the fund and its administration, and isolating it from financial crises. 

In his intervention titled “Palestinian Prisoners in Israeli Jails,” Mr. Khalil Abu Shammala, Director of al-Dameer Human Rights Organization in Gaza, emphasized that Palestinian prisoners, who were neglected in the Oslo Accords and subsequent agreements and were left to the Israeli “good will”, presently constitute a national saving project for the Palestinian political situation through their document      

Mr. Abu Shammal highlighted the three stages of the Palestinian prisoners movement: the first Intifada, in which there was a notable increase in the number of prisoners and during which prisoners in Israeli jails constituted an important power; the Oslo period, in which Palestinian prisoners were neglected and their destiny was left to the Israeli “good will” and standards, under which certain prisoners were selectively released, and the prisoners movement lost its power; and the current Intifada, in which there has been a notable increase in the number of prisoners due to arbitrary arrest campaigns, and during this period, the Palestinian prisoners movement restored its power. 

In his intervention titled “The Rights of the Disabled: Towards the Application of the Law on the Rights of Disabled Palestinians (4) of 1999, Mr. Khalil Shaheen, Director of PCHR Economic, Social and Cultural Rights Unit, talked bout the law that regulates the rights of the disabled, emphasizing that the rights of the disabled are based on general human rights principles, which ensure equality. 

Mr. Shaheen called upon the new government to take legislative and judicial measures to ensure the application of Law 4 of 1999, and remove ambiguity form some of its provisions.  He also emphasized the need to devote budgets for the Ministry of Social Affairs to allow those who are responsible for the rights of the disabled to carry out their roles.  He further called for adopting a strict monitoring system on ministries to ensure that they apply the law, and remove any conflict in the labor and employment laws with regard to the employment of disabled persons. 

Dr. Gazi Hamad, Spokesperson of the Palestinian Government, presented an intervention on the issues raised by the previous intervention, emphasizing that the problem lies in political favoritism, which has divided the Palestinian people and limited any possibility to move forward with a joint program, calling for internal unity to construct the homeland rather than parties. 

He further asserted that the government must be given an opportunity to prove itself, pointing out that pressure on the government has imposed specific priorities on it. 

In his response to Ms. Nadia Abu Nahla’s intervention, Dr. Hamad emphasized that Islam gives women their full rights and does discriminate between them and men in all aspects of life.  He asked: “Where is the blatant discrimination against women in our country?” With regard to concerns raised by Ms. Abu Nahla as Hamas became in power, Dr. Hamad asserted that Hamas’ thought is moderate, as it believes in human rights, the civil society and the transition of authority.  “If there are some mistakes here and there,” Dr. Hamad emphasized, “such mistakes do not express our approach.” 

In his response to the intervention on prisoners in Israeli jails, Dr. Hamad emphasized that the issue of prisoners is an injury in the hand of every Palestinian, and that it is a priority on the government’s agenda.

With regard to the rights of retired employees, Dr. Hamad emphasized that he does differ much with the notes raised by Dr. al-Krunz. 

Concerning Mr. Khalil Shaheen’s intervention, Dr. Hamad asserted that Mr. Shaheen’s demands are legitimate, indicating that the government will make efforts to achieve them. 

In the conclusion of his intervention, Dr. Hamad called upon the Palestinian people to support the government, and called for cooperation among all parties to focus on the Palestinian suffering rather than on the political crisis and factional culture. 

At the end of the first session, its head opened the door for discussion.