Mindful
Diamond Member
- Banned
- #1,921
montelatici, et al,
You did not read very well...
(COMMENT)montelatici, et al,
Well, there is an dilemma here, you just might not recognize it.
(OBSERVATIONS & REFERENCES)
• Consolidated Eligibility and Registration Instructions (CERI) 2006 --- UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
• 1951 Convention Relating to the Status of Refugees Text of the 1967 Protocol Relating to the Status of Refugees Resolution 2198 (XXI) adopted by the United Nations General Assembly
(COMMENT)What is a refugee Rocco?
As "ubiquitous” as CERI is, it is not law; instruction for the eligibility and criteria for services.
Article 1A of the 1951 Convention sets out the detailed criteria for assessing whether an individual should be granted refugee status. This is true for all refugees, world-wide, except for Palestinians receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance (the UNRWA).
(COMMENT)Why are Palestinians not refugees?
This is what is called and "engineered dilemma" in which a "refugee" is defined by the UNHRC, but the UNHCR does not apply to Palestinians because they receive services from the UNRWA. However, it should be noticed that if the UNRWA were to disband, the UNHRC picks-up the responsibility. (Which is a whole other topic.)
Jalal Al Husseini and Riccardo Bocco The Status of the Palestinian Refugees in the Near East pgs 265-266 said:By 1991, the Arab League had seemingly abandoned its efforts to guarantee minimal legal protection to the Palestinian refugees in the Arab States. Its resolution 5093 (1991) conditioned the treatment of the Palestinians to the rules and laws in force in each state.
Although there is a strong perception that everyone registered with the UNRWA is a "refugee" --- the term "refugee" is really not applicable to the Palestinians. They were marginalized by the UNRWA which has the de facto guardians of the "Right of Return." (Which is a whole other topic.)
Most Respectfully,
R
You are again, incorrect. If the Palestinians were to be transferred from the auspices of UNRWA to UNHCR, nothing would change. Pursuant to Chapter 5 of the UNHCR's Procedural Standards for Refugee Status Determination, 5.1.2 states "the categories of persons who should be considered to be eligible for derivative status under the right to family unity include:" "all unmarried children of the Principal Applicant who are under 18 years."
Furthermore Chapter 5.1.1 makes it clear that this status is retained after the age of 18. It states "individuals who obtain derivative refugee status enjoy the same rights and entitlements as other recognised refugees and should retain this status notwithstanding the subsequent dissolution of the family through separation, divorce, death, or the fact that the child reaches the age of majority."
In addition, UNHCR cites the Palestinian refugee population number in their "State of the World‘s Refugees" This makes clear that the practice of registering descendants of refugees is not disputed by UNHCR.
So, back to the drawing board Rocco, you lose again.
Important safety tip for those of you at home!
Well, there is often a mix-up between the two words: dependent (a matter of support) and descendent (which is a matter of ancestry). The general term is a use is the "Principle Applicant;" Which our friend "montelatici" correctly uses. It is also important that in terms of the UNHSR there is a difference between "Refugee Status" and that of a Derivative Refugee Status.While I did say this was "a whole other topic," I was very careful not step to out the snapshot in time and discuss a specific criteria. I am very familiar with both the "Procedural Standards for Refugee Status Determination (RSD) under UNHCR's Mandate" --- and --- Revised Note on the Applicability of Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian Refugees. I give you these links so that you understand what a Principle Applicant is and what a Derivative Applicant is. The Derivative Applicant, is based on the eligibility of the Principle. A family member that derived refugee status, but never lived in the area from which the family was displaced (born after displacement). After that, the RSD is based on the interview by UNHCR personnel. In other words, you Derivative Applicant cannot pass-on refugee status unless it falls into a special case. Like I said, it is complicated.
What I can say is that UNRWA Palestinians eligible under UNHCR Refugee Procedures if they have
• Committed a crimes international crimes (against peace, a war crime, or a crime against humanity)
• Committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
• Been found guilty of acts contrary to the purposes and principles of the United Nations.
What does this mean... All those families of Jihadist, Deadly Fedayeen, Hostile Insurgent, Radicalized Islamist, and Asymmetric Fighters are out of luck.
Most Respectfully,
R
Wrong again. This is getting boring.
1. Freedom fighting is not a crime, it is a duty of the occupied people to resist occupation. The people in German occupied Europe that fought the occupation were granted refugee status, Jews included.
2. It's not complicated at all. Palestine refugees are entitled to a just and lasting solution to their plight. In the absence of and until there is a just solution, it stands to reason that their status as refugees remains.
Your questioning the passing of refugee status through generations stems from your inability to understand the international protection system. This sort of questioning, by ignorant Zionist racists, only distracts from the need to address the real reasons for the protracted Palestinian refugee situation, namely Israel's intransigence with respect to right of return of the refugees and ending the occupation, as required by various UNSC resolutions.
But to top it off, the UNHCR Handbook on Procedures and Criteria for determining Refugee Status states in paragraph 184: "If the head of a family meets the criteria of the definition, [for refugee status] his dependents are normally granted refugee status according to the principle of family unity."
Boring? You can say that again.