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)