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ICSPR ISSUED HUMAN RIGHT REPORT ENTITLED (PALESTINE REFUGEES…VICTIMS OF PERMANENT ASY

International Commission to Support the Palestinian Rights (ICSPR) issued on Monday morning, 15 may (May) 2017a human right report entitled (Palestine refugees, victims of permanent asylum) the development and publishing of this report within the International Commission to Support Palestinian Rights to participate all Palestinian to commemorate of Palestinian Nakba.

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ICSPR ISSUED HUMAN RIGHT REPORT ENTITLED (PALESTINE REFUGEES…VICTIMS OF PERMANENT ASYLUM)

International Commission to Support the Palestinian Rights (ICSPR) issued on Monday morning, 15 may (May) 2017a human right report entitled (Palestine refugees, victims of permanent asylum) the development and publishing of this report within the International Commission to Support Palestinian Rights to participate all Palestinian to commemorate of Palestinian Nakba.

This report aims to gather and analyze legal and political facts that dealt with the Palestinian refugees issue, to reflect the historical reference to this case, the geographical distribution of Palestinian refugees around the world, the economic and social conditions, especially in Gaza Strip, Lebanon and Syria, and the impact of the refugee issue on the political structure of the region, under the successive developments with so-called (The Arab spring). As well as the role of UNRWA and resettlement attempts.

This report assumes great importance, being dealt with a range of legal and practical problems, which accompanied the Israeli State continuing determination not  to implement United Nations resolutions concerning the Palestinian refugees, and until this moment  Israel refuses to implement resolution 194 of 1948, The reason behind this is due to the weakening role of the international community to pressure Israel to implement its decisions, although United Nations resolutions did not give the Palestinians their full rights, but represent a legal document to claim these rights.

The report reaffirms the international legal and moral principles governing Palestinian refugee rights, these principles internationally established as is beyond reproach and away from questions, what makes  it mistake to subject these stable principles for negotiations, that considers a serious historical error, with serious and negative impact, to negotiate any solutions that ignore the Palestinian refugees rights which established in the international  principles.

The report concluded, for a set of conclusions and recommendations, chiefly that international law and ethical principles relating to Palestinian refugees beyond reproach and the main obstacle of the international policies to protect and ensure their rights, is  the denial of the occupying power to comply these international legal and ethical policies, besides the international community’s unwillingness to pressure for the return of refugees and compensation for their sufferings, and the accountability of the occupying power for it’s crimes against the Palestinian refugees.

 

Conclusions:

 

  • The clarity of International Law and Ethical Principles regarding Palestinian refugees is beyond doubt and questioning. However, the main obstacle to implementation is the refusal of the occupying state to comply with these international legal and moral policies. The occupying state is being treated as a state above International Law. In addition to the unwillingness of the international community to adequate for the return of refugees, compensate them for the suffering they have been through; and the accountability of the occupying state for their crimes against the Palestinian refugee.
  • The promulgation or enactment of any Israeli and/ or American legislation or the acceptance of any efforts in international organizations to stop the automatic transfer of a refugee, who has already been abandoned; to their children and grandchildren is a new episode in denying the rights of Palestinian refugees and a flagrant violation of the International Law.
  • The State of Occupation has consistently failed to comply with UN resolutions on Palestinian refugees and continues to refuse to implement resolution 194 of 1948. The failure of the Occupying Power to comply with these UN resolutions because of international community does not pressure on Israel to implement its resolutions.
  • The Palestinian Refugees Rights are an integral part of the Arab Human Rights battle in every country. Adhering to slogans such as refusing to settle or maintain the Palestinian national identity or pressure on the international community do not justify the denial of Palestinian Civil, Economic and Human rights; and that their respect does not detract from the Right of Return and does not require states to grant their nationality to refugees.
  • The affirmation on the Palestinian right to return to their homes and to restore their original properties; is a sacred historical right built upon the principles of absolute truth and justice before it is based on the principles of international law. The right to return and compensation is not only based on resolution 194, but originally stems from the historical right of Palestinian people in the land of Palestine; which in this sense is an inalienable right or bargaining; negotiation or referendum; and in the same sense radically contradicts all the dubious calls for resettlement, displacement, integration, dissolution or compensation as an alternative to the right of return.
  • The Palestinians did not neglect their country -as some claim-. They did all their efforts to preserve their land, but the Zionists planned and improved planning and implementation; and were able to uproot the Palestinians and displace them, all with the British and American assistance and all agents of evil.
  • The Palestinian refugee could be defined as “any person whose original place of residence was Palestine and was forced to leave his or her place of residence under fear, persecution, external aggression, internal strife, general violation of Human Rights or events that violated public order, whether in part or all of Palestine that he or she originally belongs to; and can no longer return to his original place of residence. Which caused them to lose their property and lived in exile both within and outside the borders of Palestine”.
  • Lebanese state bears a heavy responsibility towards what is happening to Palestinian refugees in the camps of suffering at all levels (educational, health, social, psychological sufferings; the fraying infrastructure and security. It is not sufficient to address the aspect of UNRWA’s (the improvement of services and benefits of donor countries …) on its importance, but the solution lies through the preparation of a development plan that includes mobilization of all refugee camps and communities involved in the preparation of UNRWA, Palestinian Political forces and Civil Society Institutions; Popular Civil Committees and the Host State, the Donor Countries and the Local Community in general; take into account the realization of the Civil, Economic and Social Rights of Refugees.
  • The Palestinian refugees in Gaza strip and the West Bank believe that the Israeli occupation is the most important problem facing them, not to mention the independence of the state of Palestine, then it comes the settlements that exist on the lands of the West Bank and Gaza Strip, and then comes the unemployment, poverty, nepotism and the lowness of the services level compared with the population.
  • A Lot of refugees think that the lowness of the services given by the UNRWA has political objectives, and they connect it with the most recent events in Palestine, particularly, Oslo treaty and the coming of the Palestinian Authority to Palestine, 66.8% said that there is a relationship between the lowness of the services and the updates that happened after Oslo, explaining that it happened a long time before signing the treaty mentioned above.
  • A little number of the Palestinians who think that there are some advantages of the talks about the refugees cause, on the other hand, a large number say that their disadvantages are more than their advantages, more importantly, the diaspora of the refugees and the people who lost their identities.
  • Any procedure that aims to get rid of the UNRWA is considered an evidence that the Palestinian case was neglected, the thing that might increase their frustration and the possibility of making a revolution. Therefore, we must do our best to maintain the existence of the UNRWA as the only legal commission based on the international decisions to help and relief the Palestinian refugees.
  • The Palestinian refugees maximum protection system says that it is important to create two international agencies that should be responsible for all the Palestinian refugees, that are: the United Nations Relief and Work Agency, which is responsible for aids, and the reconcile commission, which is responsible for all the protection work, and in case any of the two agencies failed doing its job before coming to a final solution for the refugees situation, the protection will be passed on to the refugees commission, and then the refugees agreement will be implemented without any conditions on the refugees. We know that the reconcile commission has dropped its duties, and with all the guarantees given to the refugees commission, then it has the right to investigate and do what is suitable to solve the problems.

 

Recommendations:

  • Emphasizing the Palestinian people’s right to return to their homeland and restoring their properties, considering it a historical right based on International law principles, ICSPR stressing on that this right not only based on 194 resolution  but in our historical right in Palestine, as inalienable, non-bargaining, non-negotiable or referendum, and its contrary to all claims of resettlement , displacement, merger, or dissolution or  compensation or substitute for return.
  • Ensure the unity of the Palestinian refugee issue and their right to return in the framework of the legitimate Palestinian national rights within the unity of land and people in occupied Palestine since 1948 and in West Bank , Gaza, exile and diaspora.
  • The important of rejecting plans aiming to liquidate the role of UNRWA through gradual reduction of services, or attempts to transfer to the host-state, taking into consideration that UNRWA reflected the moral ,legal and political responsibility of the international community towards Palestinian refugees and their right to return to their homes from which they were expelled in 1948.
  • Refusing the principle of compensation for Palestinian refugees as an alternative of the right to return, and any other projects with political gains.
  • Maintaining the UNRWA as a witness on making the Palestinians homeless crime and rejecting the agency’s solution if it is not fair enough, and making a main system for the agency to determine its job and its relationship with the  United Nation’s commissions , this might prevent the disability in its budget.
  • It is important for the Palestinian representative to get over the stress that happened in the group negotiations that are related to the right of return, dealing with the Palestinian cause totally not partially, and making sure that all the Palestinian refugees get their right of return.
  • Activating the role of the Palestinian and Arab legal organizations, which can guarantee reaching the activation of the investigation of the occupation criminal cases and make them carry the responsibility of the Palestinian displacement from their lands.
  • It is necessary to activate the role of the Palestinian embassies around the world in order to strengthen its diplomatic moves to get the refugees rights, providing being in the frame of a clear strategy, not in a political way.
  • It is necessary to apply act one from the 1951 Refugee agreement on the Palestinian refugees outside the regions the UNRWA covers in order for them to enjoy the protection guaranteed for them by the acts of the agreement.
  • Palestinians should be cautious about the significance of re-activating debate committee by increasing the human and financial resources, which guarantees a clear interference for the improvement of the refugee’s lives in Lebanon.
  • The necessity of international protection to Palestinian refugees, through work on a resolution that internationalist UNRWA validity of refugee protection alongside with its traditional tasks.
  • Adopting strategic plans to improve living conditions for refugees in and outside the camps to ensure that these plans maintain the identity of the camp.
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Policies and tracks required to hold accountability on the Israeli occupation and to support Palestinian rights.

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Date: 16 Jun 2022


Policies and tracks required to hold accountability on the Israeli occupation and to support Palestinian rights.

By Dr/ Salah  AbdAlati

In light of the serious conditions that passed out and still passing the Palestinian cause, and the continuing successive Israeli  governments in the policy of aggression and the imposition of a fait accompli by continuing the blockade, attacks on the Gaza Strip, targeting civilians, the demolition of homes and facilities, the confiscation of Palestinian land, the expanding constructions  process of illegal Israeli settlements in the West Bank, especially in the Holy City of Jerusalem isolating , blocking and Judaize it along with the city of Bethlehem with settlements, Obliterating  landmarks, religious, historical, cultural features and  the Islamic –Christian Arabian identity, attempting to find a defect in the demographic composition, and the construction of the apartheid wall, torturing war prisoners.

Despite the fact that everything the occupation authorities do considered to be violations of human rights promoted  to the level of war crimes against humanity and contrary to the international humanitarian laws and rules, hitting the wall with the international legitimacy resolutions and the Human Rights and agreements – in light of all this, the United Nations are holding a historical responsibility towards the Palestinian people and their cause, as they  ratified the resolution 181, regarding the private division of the land of Palestine, which confirmed through dozens of resolutions of the various organs of the justice of the Palestinian people’s rights and legitimacy, thus, there is a responsibility lies on the United Nations toward the Palestinian people and their just cause, until finding a solution that ensures ending the Israeli occupation and enable the Palestinian people to get their Freedom and independence and the establishment of their independent state with Jerusalem as its capital, and the return of refugees according to Resolution 194 , In the time we express a strong condemnation and anger for the continuation of deficit and the paralysis of the international community to fulfill its legal and moral commitments which require the protection of civilians, and stop war crimes committed by the occupation forces during a bias and flagrant plot of international and Arab silence,In spite of the disruption of the power balance, we renew our determination to work to isolate, boycott and account the occupation for his crimes to provide protection for Palestinian civilians, and that requires us to hasten to join all international organizations and conventions, and  adopting a comprehensive national strategy working on the formation of a national body comprising senior official parties and human rights organizations, to mobilize wider Arab and international coalition to ensure the prosecution of the occupation leaders and forcing them to Pay for their crimes, to maintain  justice and rights of victims, and to prevent them of committing new ones.

The restoration of the role of the international organizations and authorities to be active in the Palestinian cause, require restoration of the role of the Palestine Liberation Organization with activating its institutions, and announcing the failure of Oslo, and taking actions to adopt the approach based on rights and law, which will be devoted to a new equation based on not allowing the susceptibility of the national rights to be swapped, It also sends clear messages to all parties; that any negotiations to make peace must be referenced to rights, international law and the values of justice, equality and freedom for all. This track requires the Palestinian leadership adoption to support the conditions for success.

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ICSPR issues a paper entitled: “The Denial of Justice in Palestine”

the International Commission to Support Palestinians’ Rights (ICSPR)

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Num: 113/ 2021

Date: 26/12/2021

 

Press release,

 

ICSPR issues a paper entitled: “The Denial of Justice in Palestine”

Occupied Palestine/Gaza: The legal and human rights department of the International Commission to Support Palestinians’ Rights (ICSPR) issued today, Wednesday, a paper entitled: “The Denial of Justice in Palestine.”

 

The paper aims to clarify the nature of the executive authority’s violation of justice in Palestine, and its denial of implementing the provisions of the Palestinian judiciary, which makes the victims’ last resort unavailable, especially in the absence of official and unofficial oversight bodies, contrary to the text of Article (106) of the Palestinian Basic Law, which stipulates that That: “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.

The paper also seeks to open the doors for researchers and activists to contribute to the development of solutions that would overcome the policies of denial of justice, implement judicial rulings in a way that achieves societal stability, and determine the path that must be taken to hold the perpetrators of this crime accountable, in a way that enhances the principles of separation of powers, the rule of law and respect for the rights and freedoms of citizens guaranteed by the texts of national and international laws and charters.

The paper addressed the independence of the Palestinian judiciary, and the most prominent obstacles facing the implementation of the rulings of the Palestinian judiciary, which were represented in the structural reasons related to the political elite, the weakness of official and popular oversight on the principle of legality and the rule of law, and the state of internal division and the division of the judiciary’s reference.

 

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The repercussions of delaying the disbursement of social development allocations.

The International Commission to Support Palestinians’ Rights

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The International Commission to Support Palestinians’ Rights

ICSPR

 

 Position Paper on:

 

The repercussions of delaying the disbursement of social development allocations.

 

By/ Rami Mohsen

 

Oct 2021

 

 

 

 Introduction:

The Ministry of Social Affairs was established under the first ministerial formation in July 1994, where its work is regulated by the Jordanian Ministry of Social Affairs Law No. (14) of 1956, which is the ministry responsible for social issues in the State of Palestine, such as addressing poverty, organizing charitable societies, and sponsoring and supporting the poor, weak and marginalized groups, comprehensive development, social security, improvement of the living conditions of the population, relief those affected by disasters and other social issues in Palestine, including managing the social protection sector and coordinating efforts with partners, providing protection and care services for children, women, the elderly and persons with disabilities, and enhancing social cohesion by combating poverty, marginalization and social exclusion, and combating negative phenomena such as violence, homelessness, beggary and drug abuse[1].

According to the ministry’s website, it seeks to create a decent life in a cohesive Palestinian society by achieving sustainable human development through protection, care, prevention, empowerment and awareness programs, which are based on a rights-based approach, and in a manner that guarantees transparency and justice, in order to strengthen the resilience of citizens and maintain cohesion, solidarity and social protection[2].

In the context of achieving its goals, the Ministry of Social Development undertakes many services, including the cash transfer program, which aims to enhance the ability of beneficiary families to meet their basic needs, as it targets families that fall below the extreme poverty line, as well as marginalized families that fall between the national and extreme poverty lines, specifically, families that include people with disabilities, the elderly, orphans, people with chronic diseases, or families headed by females.

The aforementioned program – cash transfers – provides cash assistance to more than (115) thousand families, of which (74) thousand families are in the Gaza Strip and (41) thousand in the West Bank, at the rate of (4) financial payments annually, meaning one payment every (3 months) with a total of (134) million shekels for each payment, (536) million shekels annually. The Palestinian government’s contribution to each payment is estimated at more than (90) million shekels, while the European Union’s contribution to each payment is estimated at about (44) million shekels[3].

The share of the beneficiary families ranges between 750 to 1,800 shekels, according to the number of family members and their conditions, according to the social research process carried out by the Ministry of Social Development once every three months, but in light of facts and data, the disbursement process is often delayed under various pretexts, which increases the suffering of beneficiary families who are already living in tragic conditions.

The data indicate that the beneficiary families received the last cash payment on May 5, 2021, during which a unified amount of (750) shekels was disbursed to all families, while the previous payment was on December 24, 2020, contrary to the program’s philosophy that requires families to receive their cash allocations once every three months.

According to media statements by the Minister of Social Development, Ahmed Majdalani: until this moment, there is nothing new regarding the date of disbursing the allocations, explaining that the reason for the delay in disbursing the second payment is related to the financial crisis that the Palestinian government is suffering from, and that the European Union has not contributed since the beginning of this year[4].

In turn, the analyst and economic expert, “Osama Nofal”, expressed his astonishment at the government’s double-dealing with groups of the society, as when the salaries of employees in the public sector are delayed, it resorts to debt, but when it comes to social affairs allocations, it does nothing[5].

With regard to the administrative body for the defense of the rights of the beneficiaries of social affairs, it confirmed that the suffering of families has begun since 2017, due to the reduction of their entitlements from (4) to (3) payments annually, and in this year “2021”, only one unified payment was delivered of (750) shekels for all beneficiary families, and it called to regulate the disbursement of social affairs allocations on time[6].

Repercussions:

 

Article 22 of the Universal Declaration of Human Rights states: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 25 also states: That: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.

Article 22 of the Palestinian Basic Law and its amendments stipulate that: Social, health, disability and retirement insurance shall be regulated by law. Maintaining the welfare of families of martyrs, prisoners of war, the injured and the disabled is a duty that shall be regulated by law. The National Authority shall guarantee these persons education, health and social insurance. On the other hand, the accession of the State of Palestine to treaties and conventions gives it an international commitment to safeguarding the rights of its citizens, especially in the field of social and economic rights and protection from risks, in a manner that ensures an adequate standard of living.

The citizens’ enjoyment of the above-mentioned rights on the basis that they are guaranteed rights by the state would enhance the respect and dignity of the human, and develop a feeling of citizenship, especially since the link between the provision of a social security system based on securing an adequate standard of living and human rights in international conventions did not come from a vacuum. Respecting human beings and providing them with adequate aid when needed is a sincere expression of the state’s respect for the rights of its citizens.

The deduction and the delay in the disbursement of social affairs allocations to date, in light of the irrational justification of the concerned authorities, carries no explanation other than their disregard for the lives, dignity and feelings of the poor.

The deduction and the delay in the disbursement process have been accompanied by dangerous and catastrophic developments in the overall human rights situation in the occupied Palestinian territories, which have caused a sharp deterioration in various aspects of life, especially in the Gaza Strip, which suffers from a suffocating and illegal Israeli siege for the fifteenth year in a row, the Israeli military aggression in May 2021 and the tightening of restrictions, and the widespread and systematic destruction of defenseless citizens’ private properties, public properties, vital facilities and the already fragile infrastructure.

The above challenges, in addition to the outbreak of the Coronavirus and the precautionary measures accompanying it have left undesirable repercussions on various sectors, foremost of which is the economic sector, which is expressed in the growth of indicators of poverty and unemployment, and the food insecurity that 2/3 of the population of Gaza strip suffer[7], and now depriving the poor and needy of their financial allocations, which exacerbated the severity of the crisis and its consequences for them, and for the society as well.

Providing “financial allocations to beneficiaries on a regular basis, especially in these tragic circumstances, will contribute to improving the living conditions of poor families, and will enhance their ability to meet their basic needs, especially since the irregular payment has limited their ability to provide for their needs, at a time when the costs of daily life doubled, especially after the opening of schools and the decision to go to face-to-face education”[8].

Conclusion:

There is no doubt that the delay under the current circumstances may be indicative of indifference to the fate and life of this segment, which deserves attention and protection as a legal obligation on the shoulders of the concerned authorities in the country, especially since the justification “the lack of enough money in the public treasury” refuted by the realities of the situation in light of the system of management of public money, marred by corruption and a decline in governance, transparency and participation. For example, senior positions continue to be assigned through promotion, appointment and extension, without the slightest respect for the principle of equal opportunities, these senior positions include ambassadors, non-ministerial institutions, assistant agents, assistant attorney generals, judges, governors[9], and general managers, in addition to petty cash and burdensome budgets at the expense of the poor, and without taking into account their minimum rights to a decent life.

 Recommendations:

  1. Demanding the Palestinian government to expedite the payment of cash allocations to poor families in a retroactive manner, and to ensure that they are paid periodically and regularly in a way that preserves their inherent human dignity.
  2. Calling on the Palestinian government to review and evaluate its existing policies in the field of facing poverty and destitution, including the introduction of productive and effective policies, instead of the current policies to achieve the desired social development.
  3. Work to strengthen social justice, based on providing a decent life for citizens in general, and for the poor and needy in particular, including distributing the burdens of occupation on all citizens of the Palestinian people under occupation.
  4. Reconsidering the structure of the general budget of the Palestinian Authority, and the distribution of allocations to the various sectors, including giving greater attention to the social sector.
  5. The necessity of providing an opportunity for a societal discussion about the public budget before its approval, and the government respecting its commitments to the partnership approach with civil society, especially since the largest resource for the public budget in Palestine is the citizen himself[10].
  6. The need to raise national voices against corruption, nepotism, waste and embezzlement of public money, and to strengthen governance, transparency, equal opportunities, citizenship and equality, which will positively affect the rights of the poor and fragile social classes.

 

[1] State of Palestine, Council of Ministers, https://cutt.us/sbw2y

[2] Ministry’s website, https://cutt.us/Sz7Kh

[3] State of Palestine, Ministry of Social Development, https://cutt.us/px82x

[4] Sabq 24 news, Majdalani speaking to “Sabq24” about disbursing social affairs allocations, August 5, 2021, https://cutt.us/HHLmK

[5] Palestine online,  calling the authority to borrow to disburse social affairs allocations, July 31, 2021, https://cutt.us/CouHS

[6] Amad Media, Gaza: demands for regular social welfare payments to be paid on time, September 4, 2021, https://cutt.us/d3tNC

[7] United Nations website, May 19, 2021, https://cutt.us/cXvAP

[8] Press release: Al Mezan Center calls for expediting the disbursement of cash assistance to poor families, and warns of the repercussions of delaying it on their living conditions, August 24, 2021, https://cutt.us/mkBFf

[9] The Coalition for Integrity and Accountability (Aman), Annual Report (13), “The Reality of Integrity and Anti-Corruption, Palestine 2020”, p. 31.

[10] The Coalition for Integrity and Accountability (Aman), Citizens Budget, 2017, p. 20.

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