Legal and Institutional Framework A World Bank Land Administration Project
The Institute of Law (IoL) at Birzeit University (BZU) and the Palestinian NGOs Network – Gaza conducted a workshop on "Legal and Institutional Framework" dated 8 May 2007. This workshop is part of the World Bank funded project, administered by the Palestinian Ministry of Planning and Palestinian Land Authority, aiming to formulate work plans, frameworks and national land policies in cooperation with IoL.
In his opening speech, Dr. Nabeel Kassis, President of BZU, affirmed that the workshop is vital, in the sense that it is a starting point for drawing a national land strategy. He pointed out that the Palestinians were ruled by laws, legislation, regulations and military orders, according to which Palestinian privately owned land was expropriated, and Palestinians were prevented from utilizing and developing their resources. He added that with the coming of the PNA, it was a must to develop a policy of creating suitable circumstances for utilization and protection of land and resources, which are vital for Palestinian economic development, and an essential component of an effective and productive investment climate.
Moreover, the Minister of Planning, Dr. Sameer Abu-Eisheh expressed the Government's wish to implement this vital project, in spite of the obstacles and challenges, since it aims to regulate public and municipal lands and study land disputes and current resolution methods. He further elaborated that the Project aims to study the annoying situation of the land market in West Bank and Gaza Strip, as well as the legal instruments such as "Land Register" and "Notary", in addition to preparing studies on property valuation and land related fees and taxes. The Minister mentioned that the component of this Project supports the revision of the legal and institutional framework governing land administration.
Furthermore, Dr. Ali Sartawi, Minister of Justice, assured that land ownership in the Palestinian territories is shaded with ambiguity, creating several problematic political, economic and social issues. He noted that serious social problems will arise, if we don't deal with land issues.
During the 1st session, Mike McCandless, Legal Specialist in the Land Administration Project, presented a power point presentation on the "Legal and Institutional Study", in which he explained the component that mainly deals with "Land Policy Formulation and Development of Regulatory Framework".
The Australian Expert, Kinder Ricks presented the institutional framework of the Palestinian Land Authority, identifying areas of legal and institutional ambiguity and overlap including gaps, weaknesses, conflicts and inconsistencies, as well as the mandate of the Palestinian Land Authority.
During the 1st session, Mike McCandless, Legal Specialist in the Land Administration Project, presented a power point presentation on the "Legal and Institutional Study", in which he explained the component that mainly deals with "Land Policy Formulation and Development of Regulatory Framework".
The Australian Expert, Kinder Ricks presented the institutional framework of the Palestinian Land Authority, identifying areas of legal and institutional ambiguity and overlap including gaps, weaknesses, conflicts and inconsistencies, as well as the mandate of the Palestinian Land Authority.
In the 2nd session, Mr. Fayez Bkairat from the IoL presented a working paper on the structural aspects of a proposed land law, addressing consolidation of laws, followed by observations and recommendations that represent legal findings, unveiling problems upon implementation.
Speaking of harmonization of provisions of the proposed land law, the researcher from the IoL, Mr.Mahmoud Alawaneh, shed the light on all the articles, leading to a variety of observations that necessitate amendments of some articles.
Speaking of harmonization of provisions of the proposed land law, the researcher from the IoL, Mr.Mahmoud Alawaneh, shed the light on all the articles, leading to a variety of observations that necessitate amendments of some articles.
Finally, Mr. Mahmoud Fayyad from the IoL, discussed to what extent the proposed land law is in harmony with other stipulated laws within the Palestinian legal system, especially the amended Basic Law. He demonstrated the close association between the Project and rules of civil law, and several other laws, highlighting number of issues that could be raised in respect of the proposed law, in terms of relation to other laws. His main observations reflected a conflict between articles of the proposed law with stipulations of other laws, and its added provisions.
The working papers included recommendations that are basically dealing with the revision of the related policies and the proposed law.
