Committee on Economic, Social and Cultural Rights

Concluding observations on the initial report of the State of Palestine *

1.The Committee considered the initial report of the State of Palestine at its 35th and 37th meetings, held on 27 September 2023 and 28 September 2023, and adopted the present concluding observations at its 60th meeting, held on 13 October 2023.

A.Introduction

2.The Committee welcomes the submission by the State party of the initial report and the supplementary information provided in the replies to the list of issues. The Committee expresses its appreciation for the constructive dialogue that it held with the State party’s delegation.

3.The Committee recognizes that the ongoing Israeli occupation and partial annexation of the territory of the State party, the expansion of settlements and the continued blockade of the Gaza Strip, which are illegal under international law, pose severe challenges for the State party in fully implementing its obligations under the International Covenant on Economic, Social and Cultural Rights and lead to grave violations of the economic, social and cultural rights of Palestinians, including forced displacement and evictions, seizure of private land, house demolitions and illegal settlements, restrictions on gaining access to health-care services, destruction of cultural sites and denial of access to humanitarian aid. It recognizes that the above-mentioned challenges limit the State party’s effective control of its jurisdiction over its own territory and resources and its capacity to implement the Covenant. However, it reminds the State party that the Covenant is applicable in its entire territory and that it should take all possible measures to implement it in all parts of the territory. In that regard, the Committee regrets that, notwithstanding the agreement between the Fatah and Hamas movements to end Palestinian division, signed on 12 October 2017, the State party has made limited progress in resolving internal political issues that negatively affect the full enjoyment by Palestinians in the West Bank, including East Jerusalem, and the Gaza Strip of their rights under the Covenant and contribute to the political and geographical fragmentation of the State party’s territory. It notes that, owing to this fragmentation, Palestinians continue to be subject to multiple legal systems that impede the full realization of their rights under the Covenant.

B.Positive aspects

4.The Committee welcomes the accession of the State party to a significant number of international instruments since its accession to the Covenant, and the issues referred to below.

C.Principal subjects of concern and recommendations

Domestic application of the Covenant

5.The Committee is concerned about the interpretation of the Supreme Constitutional Court, in its decisions No. 4 (2017) of 19 November 2017 and No. 5 (2018) of 12 March 2018, according to which international treaties acceded to by the State party take precedence over national legislation only insofar as they are consistent with the national, religious and cultural identity of the Palestinian Arab people. Furthermore, the Committee is concerned about the multiple non-unified legal systems in the West Bank and the Gaza Strip.

6. The Committee recommends that the State party revise existing legislation with a view to preventing legal uncertainty or ambiguity that could provide grounds for legal interpretations contradictory to the State party ’ s legal obligations, and that the State party enact legislation to ensure the unification of its legal systems, as also recommended by the Human Rights Committee. In this regard, the Committee recalls its general comment No. 9 (1998) on the domestic application of the Covenant.

Independence of the judiciary

7.The Committee is concerned about the establishment of the Supreme Council of Judicial Bodies and Authorities, as its control by the executive branch of Government significantly hampers the independence of the judicial system.

8. The Committee recommends that the State party take the measures necessary to prevent and sanction any abuse of the powers granted to the Supreme Council of Judicial Bodies and Authorities, taking into account relevant international standards, including the Basic Principles on the Independence of the Judiciary.

Civil society organizations

9.The Committee is concerned that Decree-Law No. 7 of 2021, amending the Charitable Associations and Civil Society Organizations Act (Act No. 1 of 2000), and Decree-Law No. 39 of 2022 on Anti-Money-Laundering and Terrorism Financing may unduly restrict the right to freedom of association and the funding and operations of civil society organizations.

10. The Committee recommends that the State party consider reviewing Decree-Law No. 7 of 2021, amending the Charitable Associations and Civil Society Organizations Act (Act No. 1 of 2000), and Decree-Law No. 39 of 2022 on Anti-Money-Laundering and Terrorism Financing with a view to removing unduly restrictive requirements regarding the funding and operations of civil society organizations, as also recommended by the Human Rights Committee.

Human rights defenders, journalists and lawyers working on human rights

11.The Committee is concerned that certain provisions of the Jordanian Criminal Code of 1960, as incorporated by the State party, notably articles 144 (insulting a public official), 150 (inciting sectarian strife), 191 (slandering a public official) and 195 (insulting a higher authority), unduly criminalize expression in the State party and have reportedly been used to silence human rights defenders, journalists and lawyers working on human rights who voice critical or dissenting opinions of the State party’s activities and policies.

12. The Committee recommends that the State party review the Jordanian Criminal Code of 1960, as incorporated by the State party, to bring it into full conformity with international human rights law, as also recommended by the Human Rights Committee. In this regard, t he Committee recalls its statement on human rights defenders and economic, social and cultural rights.

Business and economic, social and cultural rights

13.The Committee is concerned about the absence of a national action plan for businesses and human rights. The Committee is also concerned about reports of monopolies and lack of competitiveness in public tenders, in particular in the water, electricity and telecommunications sectors, as well as in the waste disposal sector, leading to higher prices and thereby negatively affecting households’ ability to afford the costs of living (arts. 11, 12, 13, 14 and 15).

14. The Committee recommends that the State party enact a national action plan for businesses and human rights. The Committee also recommends that the State party ensure that companies awarded public contracts do not unduly raise prices for individuals and households to the detriment of their ability to afford the costs of living, such as for housing, food, medicine, education and cultural activities, including sports. In this regard, the Committee recalls its general comment No. 24 (2017) on State obligations under the Covenant in the context of business activities.

Climate change

15.The Committee is concerned that current emission-reducing policies may not be sufficient for the State party to fulfil its obligations under the Paris Agreement (art. 2 (1)).

16. T he Committee recommends that the State party t ake measures to achieve its nationally determined contributions under the Paris Agreement, including by increasing taxation on emissions and replacing fossil fuel in its energy mix. In this regard, the Committee recalls its statement on climate change and the Covenant.

Maximum available resources

17.The Committee is concerned that the political divergence between the West Bank and the Gaza Strip hinders the State party’s ability to effectively collect taxes and conduct cohesive economic policies, and renders it overtly dependent on fluctuating levels of official development assistance, all to the detriment of the fulfilment of the rights under the Covenant (art. 2 (1)).

18. The Committee recommends that the State party redouble its efforts to end the political divergence between the West Bank and the Gaza Strip to improve its ability to collect taxes and conduct cohesive economic policies and to reduce its dependency on fluctuating levels of official development assistance. In this regard, the Committee recalls its statement entitled “ The pledge to leave no one behind: the International Covenant on Economic, Social and Cultural Rights and the 2030 Agenda for Sustainable Development . ”

Corruption

19.The Committee is concerned about reports that corruption, including nepotism, remains pervasive in many sectors of public life, in particular in appointing and promoting government officials. The Committee regrets the lack of specific information provided by the State party on the concrete measures in place to ensure the independence, transparency, effectiveness and accountability of anti-corruption bodies such as the Anti-Corruption Commission and the Anti-Corruption Court (art. 2 (1)).

20. The Committee recommends that the State party:

(a) P romptly, independently and impartially investigate and prosecute all cases of corruption, in particular high-level corruption, including corruption in the Government, and, if a person is convicted, apply penalties commensurate with the seriousness of the offence;

(b) E nsure the independence, effectiveness, transparency and accountability of all anti-corruption bodies, including the Anti-Corruption Commission and the Anti ‑ Corruption Court, as also recommended by the Human Rights Committee .

Austerity measures

21.Noting the State party’s measures to balance its expenses with available resources, the Committee is concerned about the significant adverse impact of austerity measures on the enjoyment of economic, social and cultural rights (arts. 2 (1), 6, 9, 11 and 12).

22. The Committee recommends that the State party a ssess the impact on the Covenant rights when making budgetary adjustments and take all measures necessary to reduce any negative impact on economic, social and cultural rights . In this regard, the Committee recalls its statement on public debt, austerity measures and the Covenant.

Non-discrimination

23.The Committee is concerned about the absence of comprehensive anti-discrimination legislation providing full and effective protection against all forms of discrimination prohibited under the Covenant and about reports of discrimination, including discrimination based on sexual orientation and gender identity (arts. 2 (2)).

24. The Committee recommends that the State party enact comprehensive anti ‑ discrimination legislation that provides full and effective protection against discrimination in all spheres and contains a comprehensive list of prohibited grounds for discrimination, including sexual orientation and gender identity, as also recommended by the Human Rights Committee. In this regard, the Committee recalls its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

Equal rights of men and women

25.The Committee is concerned that gender disparities persist, in particular in relation to the gender pay gap. The Committee is also concerned that women’s representation in senior positions in the public and private sector remains unsatisfactory (arts. 3 and 7).

26. The Committee recommends that the State party:

(a) I ntensify its efforts to close the gender pay gap, including by addressing the gender-based segregation in the labour market, reviewing its social and tax policies and addressing the factors that discourage women from continuing their careers or taking up full-time employment;

(b) Enhance women ’ s participation in senior public and private positions, including by considering quotas .

27. In this regard, the Committee recalls its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights.

Right to work

28.The Committee is concerned about the persistent high level of unemployment, in particular in the Gaza Strip, and the stark overrepresentation of persons with disabilities and women among the unemployed. The Committee is also concerned about reports that the policies of banking and financial institutions restrict access to loans for women working in the agricultural sector (arts. 3 and 6).

29. The Committee recommends that the State party increase its efforts to address unemployment, for example by implementing targeted public sector employment schemes and by paying particular attention to unemployment in the Gaza Strip and among persons with disabilities and women. The Committee also recommends that the State party establish loan schemes targeting women working in the agricultural sector.

30.The Committee is concerned that the youth unemployment rate, in particular among young people who have completed tertiary education, has increased in recent years and about the lack of sufficient measures to address it (art. 6).

31. The Committee recommends that the State party continue to increase its efforts to address youth unemployment, including among young people who have completed tertiary education, and that it continue its efforts to calibrate education with the needs of the labour market, such as by expanding vocational training. The Committee also recommends that the State party work with its development partners for nation ‑ building by enhancing cooperation in training, technology, skills development, vocational guidance, project assistance, budgetary support and legislative measures to improve employment opportunities for young people who are unemployed.

Right to just and favourable conditions of work

32.The Committee is concerned about the considerable proportion of workers in the State party who are working in the informal economy and that such workers are de facto not adequately covered by the Palestinian Labour Code (Act No. 7 of 2000). The Committee is also concerned about reports of unsafe working conditions, including instances of injury and death, in particular in the construction, manufacturing and quarrying industries. The Committee is further concerned about reports that the legal minimum wage is not systematically paid by employers and about reports of the withholding of salaries and the deductions of exorbitant administrative fees imposed on persons working in settlements or in Israel proper. Furthermore, the Committee is concerned about the absence of specialized labour courts, despite such courts being prescribed by the Labour Code (art. 7).

33. The Committee recommends that the State party:

(a) Take measures to regularize the situation of informal sector workers and ensure that they are covered by the Palestinian Labour Code (Act No. 7 of 2000);

(b) Adopt all measures necessary to ensure just and favourable conditions of work, in particular for workers in the construction, manufacturing and quarrying industries;

(c) Ensure that all categories of workers have access to medical and accident insurance, as well as to adequate compensation for work-related injuries and diseases;

(d) Enforce the payment of the legal minimum wage by employers and take measures to prevent the economic exploitation of those working in settlements or in Israel proper, including by increasing labour inspections of labour-referral agencies;

(e) Establish specialized labour courts.

34. In this regard, the Committee recalls its general comment No. 23 (2016) on the right to just and favourable conditions of work.

Trade union rights

35.The Committee is concerned that the State party has not passed legislation to regulate trade unions (draft trade union organizations law). The Committee is also concerned about the dissolution of the Union of Public Employees. The Committee is further concerned about reports of punitive measures taken against teachers, including layoffs, the withholding of salaries and involuntary transferral to undesired posts, for union activities (art. 8).

36. The Committee recommends that the State party pass legislation to regulate trade unions and consider reviewing its decision to dissolve the Union of Public Employees. The State party should take all measures necessary to ensure that no one, including teachers, is subjected to punitive measures for union activities and take immediate steps to rectify any undue layoffs, pay salaries due and retransfer unduly transferred personnel. In this regard, the Committee recalls its joint statement with the Human Rights Committee on freedom of association, including the right to form and join trade unions.

Right to social security

37.The Committee is concerned that the draft social security law has yet to be passed and that a substantial share of the population, including those who are employed, is not adequately covered by social security schemes (art. 9).

38. The State party should adopt the draft social security law and ensure that its provisions adequately ensure the right to social security, paying special attention to the needs of the most disadvantaged and marginalized groups and ensuring coverage for all, including those not contributing to private or public social security schemes through their workplace. In this regard, the Committee recalls its general comment No. 19 (2007) on the right to social security.

39.The Committee is concerned about reports that the medium- to long-term financial sustainability of the public pension system is threatened by the State party’s continued reliance on borrowing from the public pension fund, as this may negatively affect retirees’ enjoyment of economic and social rights (art. 9).

40. The Committee recommends that the State party immediately cease borrowing from the public pension fund.

41.The Committee is concerned about the viability of the Palestinian Cash Transfer Programme, including as a result of overreliance on fluctuating donor contributions (art. 9).

42. The Committee recommends that the State party take all measures necessary to ensure that the Palestinian Cash Transfer Programme is able to disburse payments as intended, including by reducing reliance on donor contributions for its funding, such as by increasing the amount allocated by the State party.

Protection of the family and children

43.The Committee is concerned that the draft family protection law has not been passed, and that matters of personal status, including inheritance, marriage, divorce and child custody, are regulated in the West Bank by the Personal Status Act of 1976 and in the Gaza Strip by the Ottoman Personal Status Act of 1918 and the Family Rights Act of 1954, as these laws may not comply with the State party’s international legal obligations under the Covenant, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (art. 10).

44. The Committee recommends that the State party take immediate steps to pass the family protection law and review the Personal Status Act of 1976, the Ottoman Personal Status Act of 1918 and the Family Rights Act of 1954 with a view to ensuring that the laws comply with the State party ’ s international legal obligations, including the Covenant.

45.The Committee notes with concern that many children exercise some form of economic activity, including hazardous work, in particular in the manufacturing and agriculture sectors, and that these children are also exposed to economic exploitation (art. 10).

46. The Committee recommends that the State party take urgent measures to:

(a) Eliminate the worst forms of child labour;

(b) Ensure that the laws on child labour are rigorously enforced;

(c) Strengthen labour inspection mechanisms with a focus on child labour.

Right to an adequate standard of living

47.The Committee is concerned that large disparities in living standards between the West Bank and the Gaza Strip and between urban and rural areas still persist (art. 11).

48. The Committee recommends that the State party pay particular attention to shortfalls and the differences in living standards between the West Bank and the Gaza Strip, as well as between urban and rural areas, with a view to bringing the lower living standards of rural areas and the Gaza Strip up to the level of urban areas and the West Bank, respectively .

49.The Committee is concerned about food insecurity and the poor living conditions in overcrowded refugee camps, including regarding the quality of housing, electricity, sanitation and access to safe drinking water (art. 11).

50. The Committee recommends that the State party prioritize and allocate sufficient resources to ensuring food security and alleviating poor living conditions in refugee camps, including regarding the quality of housing, electricity, sanitation and access to safe drinking water. In this regard, the Committee recalls its general comments No. 4 (1991) on the right to adequate housing, No. 12 (1999) on the right to adequate food and No. 15 (2002) on the right to water, and its statement on the right to sanitation.

Poverty

51.The Committee is concerned about reports that a draft law on value-added tax will increase value-added tax on all products without sufficiently taking into account the disproportionate effect on persons and families on low incomes regarding their ability to purchase food items and basic necessities (art. 11).

52. The Committee recommends that the State party, in its application of value ‑ added tax, take adequately into consideration the needs of persons and families on low incomes, including by applying a differentiated, lower value-added tax on food items and basic necessities. In this regard, the Committee recalls its statement on poverty and Covenant.

Right to housing

53.The Committee is concerned about reports of prolonged efforts to reconstruct homes and businesses destroyed by the occupying Power, and that victims thereof go through lengthy periods of homelessness and absence of livelihoods. The Committee is also concerned about reports of forced evictions by the authorities in the Gaza Strip (art. 11).

54. The Committee recommends that the State party redouble its efforts, including by engaging with international partners, to ensure that persons whose houses and businesses are destroyed by the occupying Power are provided with adequate housing and support to maintain their livelihoods without any undue delay. The Committee also recommends that the State party ensure that evictions, when unavoidable, are carried out in accordance with due process of law, are preceded by consultations with the persons concerned and consideration of alternatives, are subject to appeal and result in adequate compensation or the provision of adequate alternative housing. In this regard, the Committee refers to its general comment No. 7 (1997) on forced evictions.

Climate change adaptation

55.The Committee is concerned about the absence of a national adaptation plan for climate change and that the environmental consequences of climate change, including the degradation of arable land, droughts and lack of freshwater resources, have a considerable impact on the enjoyment of economic, social and cultural rights in the State party (art. 11).

56. The Committee recommends that the State party develop a national adaptation plan for climate change and take all adaption measures necessary to protect the environment and address environmental degradation, taking into account its effects on economic, social and cultural rights. This could, for example, take the form of crop rotations and agroforestry, water rationing and the expansion of drip-irrigation techniques.

Right to physical and mental health

57.The Committee is concerned about the general inadequacy of funding for and the persistent disparities in access to public health-care services in the West Bank and the Gaza Strip. The Committee is also concerned about reports of inadequate mental health care, including for women and children who are victims of domestic violence (art. 12).

58. The Committee recommends that the State party:

(a) Take all measures necessary to improve its health-care services and guarantee the enjoyment of the right to good-quality and affordable health care to all persons throughout the State party;

(b) Earmark funding to improve mental health-care services at both the preventive and the curative levels, including for women and children who are victims of domestic violence.

59. In this regard, the Committee recalls its general comment No. 14 (2000) on the right to the highest attainable standard of health.

60.The Committee is concerned about the highly restrictive legal framework for legal access to abortion, which subjects both doctors and patients to criminal prosecution under articles 321, 322 and 324 of the Jordanian Criminal Code of 1960, as incorporated by the State party, and which also results in unsafe abortions (art. 12).

61. The Committee recommends that the State party:

(a) Amend parts of the domestic legal and institutional framework, including articles 321, 322 and 324 of the Jordanian Criminal Code of 1960, as incorporated by the State party, to ensure that women and girls who undergo abortions and the doctors or others who attend to them are not subject to criminal penalties, as also recommended by the Human Rights Committee;

(b)Duly takes into consideration the World Health Organization Abortion Care G uideline.

62. In this regard, the Committee recalls its general comment No. 22 (2016) on the right to sexual and reproductive health.

63.The Committee is concerned about reports that the State party’s health insurance system is governed by multiple legislative and administrative frameworks, which increases the transactional and administrative burdens for patients and health-care providers alike, and about reports that referrals from public health-care providers to private health-care providers increase the health-care costs borne by the State party (arts. 9 and 12).

64. The Committee recommends that the State party review its legislative and administrative frameworks for health insurance to unify and simplify the system and make said revisions public with a view to ensuring transparency and reducing transactional and administrative burdens for health-care providers and patients, and strengthen its public health-care system with a view to lowering expenses linked to referrals to private health-care providers. In this regard, the Committee recalls its general comment No. 14 (2000) on the right to the highest attainable standard of health.

Right to education

65.The Committee is concerned about reports of non-attendance and dropouts in the compulsory education system, in particular among children with disabilities and Bedouin children. The Committee is also concerned about the State party’s inability to ensure adequate funding for the education system in a context of austerity and reduced donor support (arts. 13 and 14).

66. The Committee recommends that the State party take all measures necessary to combat non-attendance and dropouts in the compulsory education system, in particular among children with disabilities and Bedouin children. The Committee also recommends that the State party allocate sufficient resources to the education system, including by engaging with international partners and donors to this effect. In this regard, the Committee recalls its general comments No. 11 (1999) on plans of action for primary education and No. 13 (1999) on the right to education.

67.The Committee is concerned about reports that students whose schools have been destroyed by the occupying Power are unable to pursue education (arts. 13 and 14).

68. The Committee recommends that the State party continue to take all adequate measures, including by engaging with civil society organizations and international partners, to ensure that students ’ education is affected to the least possible degree in cases of destruction of their schools.

Academic freedom

69.The Committee is concerned about reports of infringements on the academic freedom of university students and staff by the State party, including students and staff being detained by the State party’s security agencies in connection with the exercise of the freedom of expression and student union activities (arts. 13 and 14).

70. The Committee recommends that the State party take all measures necessary to ensure the academic freedom of university students and staff, including by monitoring the activities of the State party ’ s security agencies.

Cultural rights

71.The Committee is concerned about reports that law enforcement agencies do not take adequate measures to ensure the protection of independent cultural institutions and individual artists, and about reports that threats against and attacks on those institutions and individuals have increased in recent years, including as a result of a climate of impunity (art. 15).

72. The Committee recommends that the State party take all measures necessary to ensure the protection of independent cultural institutions and individual artists, and ensure that all cases of threats and attacks are investigated promptly , effectively and impartially , that perpetrators are prosecuted and, if convicted, punished with penalties commensurate with the gravity of the offence and that victims of such violations receive full reparation and redress . In this regard, the Committee recalls its general comment No. 21 (2009) on the right of everyone to take part in cultural life.

Access to the Internet

73.The Committee is concerned that the measures taken by the State party to expand access to the Internet and digital technologies, in particular for disadvantaged and marginalized groups, in refugee camps and in the Gaza Strip, have been insufficient (art. 15).

74. The Committee recommends that the State party expand Internet access, in particular in refugee camps and in the Gaza Strip, and allocate specific funding for access to the Internet by disadvantaged and marginalized groups.

D.Other recommendations

75. The Committee encourages the State party to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance, as well as the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the International Covenant on Civil and Political Rights.

76. The Committee recommends that the State party take fully into account its obligations under the Covenant and ensure the full enjoyment of the rights enshrined therein in the implementation of the 2030 Agenda for Sustainable Development at the national level, including in the recovery from the coronavirus disease (COVID-19) pandemic, with international assistance and cooperation when needed. Achievement of the Sustainable Development Goals would be significantly facilitated by the State party establishing independent mechanisms to monitor progress and treating beneficiaries of public programmes as rights holders who can claim entitlements. Moreover, the Committee recommends that the State party support the global commitment to the decade of action and delivery for sustainable development. Implementing the Goals on the basis of the principles of participation, accountability and non-discrimination would ensure that no one is left behind. In this regard, the Committee draws the State party ’ s attention to its statement on the pledge to leave no one behind.

77. The Committee requests that the State party disseminate the present concluding observations widely at all levels of society, including at the national and municipal levels, in particular among public officials and judicial authorities, and that it inform the Committee in its next periodic report about the steps taken to implement them. The Committee encourages the State party to engage with the Independent Commission for Human Rights, non-governmental organizations and other members of civil society in the follow-up to the present concluding observations and in the process of consultation at the national level prior to the submission of its next periodic report.

78. In accordance with the procedure on follow-up to concluding observations adopted by the Committee, the State party is requested to provide, within 24 months of the adoption of the present concluding observations, information on the implementation of the recommendations contained in paragraphs 36 ( trade union rights ), 38 (right to social security) and 44 (protection of the family and children).

79. The Committee requests the State party to submit its second periodic report in accordance with article 16 of the Covenant by 31 October 2028, unless otherwise notified as a result of a change in the review cycle. In accordance with General Assembly resolution 68/268, the word limit for the report is 21,200 words. In addition, it invites the State party to update its common core document, as necessary, in accordance with the harmonized guidelines on reporting under the international human rights treaties.