Page 8 - Empowerment and Protection - Conclusions Chapter

level. Political polarisation has negatively inluenced traditional sources of community governance.
For indigenous cultures, the role of the state is complex. The state may carry the legacy of colonial era practices and social divisions that continue historic repression or marginalisation of indigenous groups. A lack of indigenous inluence on state behaviour or the co-optation of traditional leaders can leave traditional communities vulnerable to state violence and exploitation from commercial actors. Rule of law can undermine cultural integrity and the freedom to dignity or community security if imposed on traditional cultures. But if it is used to protect traditional values and governance structures, it has the potential to be a source of human security.
Insecurity is heightened for a population when they lack a state that legally or functionally represents them.
Without a state:
the Occupied Palestinian Territory
Insecurity is heightened for a population when
they lack a state that legally or functionally represents them. Extended military occupationb of Palestinian territories has meant that generations of Palestinians have lived without state representation or protection. Instead, Palestinians in the West
Bank and Gaza are governed by Israeli military
law, with some local governance provided by the Palestinian Authority and Hamas respectively, while Palestinians living in East Jerusalemc are ‘permanent
b Israel has occupied the Palestinian territories since 1967, when it captured the West Bank and Gaza from Jordan and Egypt, respectively. International humanitarian law (IHL), which governs situations of armed conlict or occupation, obliges occupying powers to protect occupied populations.
c Israel unilaterally annexed portions of East Jerusalem in 1967, a violation of IHL, which prohibits such annexation by occupying powers.
residents’ of Israel. In theory, these territories are also governed by international humanitarian law (IHL), but in practice, international rule of law
is weak and provides little protection and few operational mechanisms to which Palestinian individuals can appeal. Palestinians in Gaza, the West Bank, and East Jerusalem suffer from an overwhelming list of insecurities. These can be attributed in large part to a lack of international capacity to enforce international law under the Israeli occupation, and the occupation’s preclusion of a sovereign Palestinian state capable of promulgating and enforcing domestic rule of law.
Violations of international law create multiple experiences of insecurity. In the West Bank, the continued building of Israeli settlements, which violate IHL prohibitions against settling occupied territory, limit access to land and water and directly endanger Palestinian livelihoods. Periodic Israeli military action compounds the sense of insecurity. In Gaza, even before direct hostilities in 2014,
the closure of borders and naval blockade had diminished many aspects of human security, chief among them economic opportunity. The blockade has made medical care dificult to obtain, and daily electricity cuts, a lack of clean water, and poor health care facilities compromise civilian health. The blockade limits freedom of movement, cutting off Gazans from their families and cultural peers in the West Bank and East Jerusalem. In East Jerusalem, Palestinians’ permanent resident status can be revoked and their homes demolished, leaving them stateless or homeless.
As a result of the ongoing occupation and internal political divisions, Palestinian territories have
been unable or unwilling to form functional governance structures. Although the Oslo
Accords delegated some governance tasks to the Palestinian Authority (PA), Israel retains ultimate authority. The PA lacks authority over its borders and the autonomy to establish security, regulate
and develop the economy, and ensure the free movement of Palestinian civilians. A resulting lack of a functioning state affects food quality and safety, health care quality, and government responsiveness. Similarly, while the Oslo Accords created Palestinian security forces, they have limited jurisdiction and autonomy to protect Palestinians in the West Bank or Gaza. This has led to an increase in theft, crime, and a growing drug trade. A lack
of governance is compounded by deep, sometimes
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