RESPONSES to INFORMATION REQUESTS (Rirs)
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Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah
Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: JOR35401 Country: Jordan Date: 27 October 2009 Keywords: Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. 2. What is the overall situation for Palestinian citizens of Jordan? 3. Have there been any crackdowns upon Fatah members over the last 15 years? 4. What kind of relationship exists between Fatah and the Jordanian authorities? RESPONSE 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. Most Palestinians in Jordan hold a Jordanian passport of some type but the status accorded different categories of Palestinians in Jordan varies, as does the manner and terminology through which different sources classify and discuss Palestinians in Jordan. The webpage of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) states that: “All Palestine refugees in Jordan have full Jordanian citizenship with the exception of about 120,000 refugees originally from the Gaza Strip, which up to 1967 was administered by Egypt”; the latter being “eligible for temporary Jordanian passports, which do not entitle them to full citizenship rights such as the right to vote and employment with the government”. -
Role-Play— Refugees
Learning outcomes ◊ Students will gain a greater understanding of some of the key issues at stake with regard to Israel-Palestine ◊ Students will argue views which are not necessarily their own ◊ Students will gain understanding of refugees’ attachment to home Lesson in brief A role-play to explore some of the key questions around one of the most central issues regarding Israel-Palestine— the refugees. National curriculum 1.1a, 1.2a, 1.2c, 2.2a, 2.2b, 2.2c Materials: photocopies of the role play cards Lesson Plan Starter ♦ Begin the class by reminding/informing students that when Israel was established in 1948, over two thirds of the indigenous Palestinian population fled or were expelled. These people and their descendents are refugees and have not been allowed to return home. Their right to return home, known as the Right of Return is enshrined in international law. Activity ♦ Split the students into groups of five and give each student a character card. The characters are: - a Jewish Israeli citizen moved to Israel from the US - a Palestinian refugee living in a refugee camp in Lebanon - a Palestinian refugee living in London - a Palestinian refugee living in Gaza - a Jewish Israeli citizen born in Israel N.B—The religion of the Israeli citizens are noted because Israel conceives of itself as a Jewish state. The non-Jewish citizens of Israel are Palestinians and are in effect second class citizens. They are not represented here, as that would have meant too many characters espousing the Right of Return. ♦ The characters will discuss the following questions ◊ Where should the refugees go? Is the Right of Return valid? ◊ Can the Right of Return be given up? ◊ Who is responsible for ensuring that refugees’ rights are upheld? ◊ Should the refugees get compensation? If so, who from? ◊ What would peace and justice look like to you? Plenary ♦ Bring the class together for a group discussion about the questions raised and the students’ reactions. -
Palestinian Refugees and the Right of Return: an International Law Analysis Gail J
BADIL - Information & Discussion Brief Issue No. 8, January 2001 Palestinian Refugees and the Right of Return: An International Law Analysis Gail J. Boling BADIL-Briefs aim to support the Palestinian-Arab and international debate about strategies for promotion of Palestinian refugees' right of return, restitution, and compensation in the framework of a just and durable solution of the Palestinian/Arab - Israeli conflict. Background Brief No. 8 is the first of three Briefs (covering the right of return, restitution, and compensation), that examine the basis in international law for a framework for durable solutions for Palestinian refugees. This Brief examines the individual right of return of Palestinian refugees displaced in 1948 as set forth in UN General Assembly Resolution 194(III) of 11 December 1948 as grounded in international law. It is important to note that the individual right of return is completely separate from any collective right of return. However, individual and collective rights are not mutually exclusive under international law but rather supplementary and complementary; the exercise of one right can never cancel out the exercise of another and should never be viewed as doing so. In this Brief, the author argues that the right of refugees to return to their homes and properties had already achieved customary status (binding international law) by 1948. UN Resolution 194, therefore, simply reaffirms international legal principles that were already binding and which required states to allow refugees to return to their places of origin, and prohibited mass expulsion of persons - particularly on discriminatory grounds. UN Resolution 194's consistency with international law and practice over the past five decades further strengthens its value as a normative framework for a durable solution for Palestinian refugees today. -
STUDY of DISCRIMINATION in RESPECT of the RIGHT of EVERYONE to LEA VE ANY COUNTRY, INCLUDING HIS OWN, and to RETURN to HIS COUNTRY by Jose D
STUDY OF DISCRIMINATION IN RESPECT OF THE RIGHT OF EVERYONE TO LEA VE ANY COUNTRY, INCLUDING HIS OWN, AND TO RETURN TO HIS COUNTRY by Jose D. lngles Special Rapporteur of the Sub.Commission on Prevention of Discrimination and Protection of Minorities UNITED NATIONS New York, 1963 ,">' J The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatso ever on the part of the Secretariat of the Ul1ited Nations concerning the legal status of any country or territory or of its authorities, or concern ing the delimitation of its frontiers. * >I< * Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. E/CNA/Sub.2/229/Rev.l , UNITED NATIONS PUBLICATION NOTE The Study of Discrimination in Respect of the Right of Everyone to Leave any Country, Including His Own, and to Return to His Country, is the fourth of a series of studies undertaken by the Sub Commission on Prevention of Discrimination and Protection of Minori ties with the authorization of the Commission on Human Rights and the Economic and Social Council. A Study of Discrimination in Edu cation, the first of the series, was published in 1957 (Sales No.: 57. XIV.3), the Study of Discrimination in the Matter of Religious Rights and Practices, the second of the series, was published in 1960 (Sales No.: 60.XIV.2), and the Study of Discrimination in the Matter of Political Rights, the third of the series, was published in 1963 (Sales No.: 63.XIV.2). -
ISSUES of STATELESSNESS in INTERNATIONAL LAW Two Cases: the Baltic States and Israel/Palestine
ISSUES OF STATELESSNESS IN INTERNATIONAL LAW Two Cases: The Baltic States and Israel/Palestine Writing Requirement University of New Mexico School of Law First Reader: Professor Jennifer Moore Second Reader: Professor Timothy Canova May 3 1,2000 Margaret E. Keen 308 Andrews Lane Corrales, NM 87048 (505) 792-9147 ISSUES OF STATELESSNESS IN INTERNATIONAL LAW Two Cases: The Baltic States and IsraeWalestine Introduction ............................................................................. :............................................ 1 I . The Problem Of Statelessness............................................................................................. 3 Origin ..................................................................................................................................3 Legal Status of Statelessness at International Law .............................................................. 7 I1 . Case Studies ...................................~..~................................................................................13 The Baltics ......................................................................................................................... 13 Pre-Independence History of Baltic States ..................................................................13 Baltic Nationality Laws ............................................................................................ -15 Latvia .................................................................................................................... -
English Version
COUNTRY REPORT 2020/04 REPORT ON MARCH 2020 CITIZENSHIP LAW: GUATEMALA AUTHORED BY JUAN CARLOS SARAZUA © Juan Carlos Sarazua, 2020 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Report on Citizenship Law: Guatemala RSCAS/GLOBALCIT-CR 2020/4 March 2020 Translation of Informe sobre la ciudadanía: Guatemala RSCAS/EUDO-CIT-CR 2016/02 (Trans. Lucrecia Rubio Grundell) Juan Carlos Sarazua, 2020 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world. -
Rights of Non-Returnable Stateless Palestinians In
Forced to leave but nowhere to return to: Rights of non‐returnable stateless Palestinians in the Netherlands April 2016 Authors: Supervisor: Mr Dr Lieneke Slingenberg Annelieke Beversluis Senior Research Associate: Najuan Daadleh Merle‐Marei Lage Katharina von Schack Josha Polak Migration Law Clinic www.migrationlawclinic.org 1 Migration Law Clinic and Migration Law Expertise Centre This is an expert opinion by the Migration Law Clinic. The Migration Law Clinic of the VU University Amsterdam provides legal advice to lawyers, Non‐Governmental Organisations, and other organisations on complex legal questions of European migration law. Top students in the last years of their study at the Law Faculty of the VU University Amsterdam carry out research and write legal advice at the Clinic. They are closely supervised by the staff of the Migration Law Section of this Faculty. The Migration Law Clinic is the responsibility of the Foundation (Stichting) Migration Law Expertise Centre (No. 59,652,969 Chamber of Commerce). For more information see: migrationlawclinic.org © Migration Law Clinic 2016 This expert opinion is copyright, but may be reproduced by any method, but not for resale. For any inquiries please contact [email protected] Available online at: www.migrationlawclinic.org 2 Contents 1. Introduction ....................................................................................................................................... 4 2. Methodology ......................................................................................... -
The Definition of a Jew Under Israel's Law of Return, 17 Sw L.J
SMU Law Review Volume 17 | Issue 1 Article 9 1963 The efinitD ion of a Jew under Israel's Law of Return Yabuda Savir Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Yabuda Savir, The Definition of a Jew under Israel's Law of Return, 17 Sw L.J. 123 (1963) https://scholar.smu.edu/smulr/vol17/iss1/9 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE DEFINITION OF A JEW UNDER ISRAEL'S LAW OF RETURN Yehuda Savir* A question not easily resolved is, What is the definition of a Jew? Do all of the religious sects in the world that claim to be Jews enjoy such a status? What about a person who is born as a Jew and later converts to another religion? The legal problem of defining who is considered to be a Jew arises because of the unique nature of the State of Israel. The difficulty is caused in part by the lack of clarity and certainty concerning the legal and extra-legal relationships between the Jewish religion and that State. For instance, although Israel makes no distinction between Jews and non-Jews with respect to internal administration, in the area of immigration and naturalization a Jew has a slight advantage over a non-Jew.' Thus, in that area, at least, a line of demarcation must be drawn. -
Interim Decision #1361
Interim Decision #1361 MATTER OF SANOECEZ-MONREAL In EXCLUSION Proceedings A-12698450 Decided by Board Mareh.8,1964 A dual national of the United States and Mexico at birth who in 1918 purchased a house in Mexico in an area in which only Mexican citizens could own prop- erty did not thereby voluntarily seek or claim Mexican nationality in the absence of a showing he represented himself to be a Mexican or knew that ownership must be based upon his being a Mexican citizen. (Cf. Matter of. 17--, 7 L & N.Dec.218.) EXCLUDABLE : Act of 1952—Section 212(a) (20) [8 U.S.C. 1182(a) (20)]—Imnti- grant without 'visa. The special inquiry officer has certified this case in which he has ordered the applicant excluded on the ground stated above. The ap- plicant's admission will be ordered. The applicant is a 49-year-old married male who has lived in the United States since February 20, 1961 when he entered as a United States citizen. On October 22, 1962 he attempted to return to the United States as a United States citizen after a short visit to Mexico; he was excluded on the ground that he had lost United States citizen- ship in 1955 and therefore needed a visa entitling him to enter as an alien immigrant. He was paroled into the United States pending final adjudication of his case. The issue is whether the applicant's purchase of a home in Mexico in 1948 resulted in the loss of United States citizenship under section 350 of the Immigration and Nationality Act (8 U.S.C. -
Evaluating the Palestinians' Claimed Right of Return
03 KENT (DO NOT DELETE) 1/21/2013 4:00 PM EVALUATING THE PALESTINIANS’ CLAIMED RIGHT OF RETURN ANDREW KENT* ABSTRACT This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947–49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a “right of return” for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees’ flight, and asserting that international law provides no right of the refugees to return to Israel. Each side has scholars and advocates who have supported its factual and legal positions. This Article advances the debate in several respects. First, it moves beyond the fractious disputes about who did what to whom in 1947–49. Framed as a ruling on a motion for summary judgment, the Article assumes arguendo the truth of the Palestinian claim that the pre- state Jewish community and later Israel engaged in concerted, forced expulsion of those Palestinian Arabs who became refugees. Even granting this pro-Palestinian version of the facts, however, the Article concludes that such an expulsion was not illegal at the time and that international law did not provide a right of return. A second contribution of this Article is to historicize the international Copyright © 2012 by Andrew Kent. * Associate Professor, Fordham Law School; Faculty Advisor, Center on National Security at Fordham Law School. -
The Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia
NYLS Journal of International and Comparative Law Volume 5 Article 6 Number 2 Volume 5, Numbers 2 & 3, 1984 1984 The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia Tung-Pi Chen Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Chen, Tung-Pi (1984) "The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia," NYLS Journal of International and Comparative Law: Vol. 5 : No. 2 , Article 6. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol5/iss2/6 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA TUNG-PI CHEN* INTRODUCTION After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the "Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized. -
Reunification of Cyprus: the Op Ssibility of Peace in the Wake of Past Failure Benjamin M
Cornell International Law Journal Volume 34 Article 5 Issue 2 2001 Reunification of Cyprus: The oP ssibility of Peace in the Wake of Past Failure Benjamin M. Meier Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Meier, Benjamin M. (2001) "Reunification of Cyprus: The osP sibility of Peace in the Wake of Past Failure," Cornell International Law Journal: Vol. 34: Iss. 2, Article 5. Available at: http://scholarship.law.cornell.edu/cilj/vol34/iss2/5 This Note is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Reunification of Cyprus: The Possibility of Peace in the Wake of Past Failure Benjamin M. Meier* Introduction ..................................................... 455 I. Background .............................................. 457 A. Establishment of the Republic of Cyprus ............... 457 B. Failure of the Republic ................................ 460 C. Turkish Invasion of Cyprus ............................ 463 1. The Invasion ...................................... 463 2. Justificationsfor the Invasion ....................... 464 D. Attempts at Reunification ............................. 465 II. Current State of the Republic of Cyprus ................... 468 III. Possibilities for Peace ....................................