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Legislating for the Security Sector

A sound legal framework is a precondition for effective, efficient and democratically accountable security sector governance. The Palestinian Authority (PA) lacks a coherent legislative system that properly manages and oversees the security forces and sector. In order to improve security sector governance, DCAF supports the PA in developing civil-democratic legislation for the security sector.

Key activities

  • DCAF produced and distributed complete mapping of security sector legislation in Palestine.
  • Responding to an official request, DCAF and a local CSO analysed existing legislation regulating the work of the Palestinian security forces. It also produced draft legislation on the subject.
  • DCAF assisted the members of the Higher National Group for the Palestinian Government Legislative Plan at the Council of Ministers in reviewing Palestinian legislation related to the security forces in light of the UN Convention Against Corruption. Based on this assistance, DCAF developed a gap assessment report on anti-corruption legislation in Palestine.
  • In reponse to a request from the President’s office, DCAF together with the military judiciary, the executive authorities and Palestinian civil society, elaborated policy options for reforming the Palestinian military justice system. This process aimed to make it compliant with international standards and modern reform trends.
  • In cooperation with local partners, DCAF developed several legal studies and analyses on specific themes, such as gender, access to information, and complaints mechanisms (see Key Publications).

Partners

  • The Council of Ministers
  • Security Forces
  • The Ministries of Interior and Justice
  • Palestinian Legislative Council
  • Local civil society organisations (CSOs)

KEY RESULTS

  • Improved understanding among Palestinian stakeholders about the legal framework of the security sector, and the steps needed to align it with international standards and best practices
  • The Council of Ministers is currently reviewing an Access to Information draft law that was written with the assistance of DCAF

NEXT STEPS

  • DCAF will produce and manage an online database of Palestinian security sector legislation
  • DCAF will work with government and CSO partners to review Palestinian legislation in light of the recently ratified international treaties