Reports & Researches

el Legal Personality
21/03/2018

Since el Legal Personality is from the civil Rights

There is no legal justification for the removal of refugees from UNRWA records

Legal Report


After the Palestinian Refugees waited for the outcome of Rome conference which followed the desicsion of US president Trump to reduce the financial support to UNRWA, in purpose to find a solution and provide the necessary support to UNRWA and ensure its continuation. The new surprise came from the position of Minister of foriegn affair and emigrants Gibran Basil, and what he announced in Rome conference about requesting UNRWA to remove from its record travelling refugees or refugees who recieved other nationality.

What is the legality of what minister gebran basil called?

The Palestinian Association for Human Rights (witness), issuing this report to clarify the legal personality of Palestinian Refugees.

What is the Legal Personality?

The legal personality is a civil right which contained in various legal texts, the most important what ..... in the article 6 of the Universal Declaration of Human Rights of 1948, as well as in the Internatiomal Convenant of civil and political rights.

Everyone has the right to be recognized as a legal person everywhere, and its a right enshrined in acts such as the Universal declaration of Human Rights and the International Convenant of Civil and Political Rights, Convention on the rights of children, convention on the rights of persons with disabilities, and other relevant international acts.

Article 6 of the Universal Declaration of human rights states that "every human being whaterver he may be has the right to be recoginzed with his legal personality”, as well as the article 16 of the international convenant of civil and political rights states that "every human being in everywhere has the right to confess to him legal personality”.

A legal personality is the person’s authority to acquire rights and assume legal obligations.

And some said that the individual has the right to to confess him a international legal personality, and its no longer fit to keep his right in the range of the internal law or through it, Especially that in some cases that countries have made him a person with international legal personality. "

Even at the individual level, that is away from the war condition which force people to emigrate, the international law confess the right of individual to immigrate, where the international conventions of human rights include texts emphasize the importance of this rights and its role in preserving the individual’s personality and respect his dignity. And This consistent with the text of article 13 of the Universal Declaration of Human Rights "everyone has the rights of freedom of movement and chose of residence within the borders of the state” – "everyone has the right to leave any country including his own and to return to his county”.

The right of immigration also includes the right of individual to keep his\ her legal status and keep his\her original nationality and its not permissible to force him ti change his nationality without his will. In Article 15 of the Universal Declaration states that "No one shall be arbitrarily deprived of his nationality nor of the right to change his nationality".

The original nationality preserved by the Universal Declaration of Human Rights, and the individual doesnt loss it unless the laws of his State expressly states that the person loss his nationality once he immigrates to another country, or the other country doenst allow dual nationality.

The UNRWA definition of Palestinian Refugees clarify the meaning of legal personality.

The operational definition of refugee from Palestine is the person who ""Palestine was the place of his natural residence during the period from 1 June 1946 to 15 May 1948, and who lost his home and the source of his livelihood as a result of the conflict that took place in 1948”. Palestine refugees are the persons to whom the above definition applies and those of the core of the parents to whom that definition applies. In May 1951, UNRWA inherited a list of 950,000 people from the agencies that preceded it. In the first four months of its operations, UNRWA reduced this list to 860,000 people, based on strenuous efforts in the survey and the identification of fraudulent claims.

The number of refugees registered in 1948 and their descendants today is five million, living in the West Bank, Gaza, Jordan, Lebanon and Syria.

The names in UNRWA records related to personal status of palestinian refugees is the guarantor of the legal personality at the international level. The right of return enshrined in numerous human rights conventions and international resolutions, particularly the UN General Assembly Resolution 194 of 1948, affirms, without any doubt, the legal personality of the Palestinian refugee.as well as the UNRWA's agency itself, established by UN General Assembly Resolution 302 of 1949, has been practically and legally linked to the existence of Palestinian refugees.

There is no international agreement, resolution or declaration calling for the removal of any Palestinian refugee simply because he has acquired any other nationality.

The Lebanese-Palestinian Dialogue Committee:

The Lebanese Working Group on Palestinian Refugee Issues, composed of representatives of the Lebanese Palestinian parties, defined "every Palestinian who has been abandoned to Lebanese territory since 1947, Because of the uprooting and the accompanying forms of forced displacement, and the subsequent Israeli occupation of the whole of Palestine in 1976 and the consequences thereof, and every descendant of a Palestinian refugee in Lebanon in the sense defined above.

Minister Hassan Mneimah, head of the Lebanese-Palestinian dialogue, confirmed that:

(The records of UNRWA are the only ones that preserve the Palestinian presence as a person with a Palestinian identity, and no other place to preserve this Palestinian after he was expelled from his land in Palestine).

"The Lebanese, when they acquire another nationality, do not drop their Lebanese nationality, but retain it because it is their identity. How can the Palestinian accept the cancellation of his recognition and his rights and his right to return to his land?"

21\3\2018

Palestinian Association for Human Rights (Witness)