State of Palestine– IMM situation

IMM name: Palestinian General Federation for People with Disabilities - Independent Commission for Human Rights

IMM type: The General Union of Persons with Disabilities - The Independent Commission for Human Rights

CRPD ratification date: 1 April 2014

IMM legal framework: The General Union of Persons with Disabilities is an independent body according to the system of the Palestine Liberation Organization establishing popular federations and unions, as it was established in 1991. The Independent Commission for Human Rights was established by a presidential-legislative decree by the Head of State on 09/30/1993

The State of Palestine ratified the CRPD on 1 April 2014. The Independent Commission for Human Rights was established by a presidential legislative decree by the Head of State on 30 September 1993. The Palestinian General Federation for Persons with Disabilities is formed entirely of persons with disabilities in accordance with Law No. 4 of 1999. The General Union of Persons with Disabilities is an independent body according to the system of the Palestine Liberation Organization establishing popular federations and unions, as it was established in 1991. It is a supervisory body for the implementation of application tools as stipulated by the law on government institutions and civil society institutions working in the disability sector and participates and consults in parallel with the Independent Commission for Human Rights by setting up policies and regulations followed in accordance with the law for state institutions.

The IMM has a quasi-jurisdictional competence and is constituted by Independent Monitoring Bodies. According to the law, there is a monitoring mechanism followed by the government represented by the Ministry of Social Development, where its role is to provide and access services provided to Persons with Disabilities as well as draw up policies, programs, and procedures for persons with disabilities, in consultation with various other government institutions, considering the Ministry of Social Development the protective umbrella and the competent authority. This is done in parallel with the independent authorities by reviewing the implementation of the provisions of the Persons with Disabilities Law No. 4 of 1999.

The IMM is mandated to contribute and participate with the government in setting policies and regulations related to the rights of persons with disabilities. It is also mandated with the work of accountability and monitoring of the extent to which the government implements these policies, as well as oversight and accountability for civil society officials working in the disability sector. This is according to the two-body monitoring system. The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Evaluating policy, legislative and administrative compliance with the CRPD: Work is currently underway to approve a modern and new law for Persons with Disabilities linked to the International Convention on the Rights of Persons with Disabilities
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State: The monitoring body is consulted in the development of policies for people with disabilities
• Initiating or undertaking research studies on the rights of persons with disabilities: The independent body is conducting and conducting studies in this regard
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing monitoring of the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. Regarding the General Federation of People with Disabilities, it includes people with disabilities themselves only. The Independent Commission for Human Rights works to monitor the various violations of people with and without disabilities. Moreover, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism or framework. In terms of the process of selecting and appointing members to the IMM, members are chosen according to the IMM statute, which is based on an electoral democratic system.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions.

Participation of persons with disabilities in the monitoring process:

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism - they have a voice and the right to vote. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism - they have a voice throughout the deliberations. Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.

Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. The Independent Monitoring Mechanism established a formal structure for involving persons with disabilities and their representative organisations in the monitoring process through direct contact with persons with disabilities, making field visits to them, or through social media. Little financial support is provided by the government or the Palestine Liberation Organization or by local or international funding institutions.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org