Palestinians win landmark case in Switzerland for UN ‘protection rights’ – Middle East Monitor & More News Here

After an eight-year authorized battle, a Swiss court docket has recognised the statelessness of Palestinian refugees from Syria and acknowledged their proper to safety. The landmark case may open the door for different Palestinians to safe fundamental rights as refugees which were denied to them since their ethnic cleaning by Israel.

The determination by the Federal Supreme Court of Switzerland will grant Palestinian refugees their proper of safety below the 1954 UN Convention on the Status of Stateless Persons.

Due to varied political and historic causes, Palestinian refugees are distinctive in that they undergo from what’s referred as a “protection gap” in the worldwide system. Of the six million Palestinian refugees, the overwhelming majority have entry to fundamental providers by way of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). The company, nevertheless, just isn’t mandated to help Palestinian refugees in their proper of return, which is a official, fundamental proper for all refugees.

The UN Conciliation Commission for Palestine (UNCCP) was created alongside UNRWA. The companies have been meant to offer safety and humanitarian help respectively to Palestinian refugees. However, the shortage of political will meant that the UNCCP was unable to advance Palestinian rights to repatriation, compensation and return, and subsequently dissipated in the Nineteen Fifties, leaving Palestinians with a “protection gap”.

Refugees exterior UNRWA’s s areas of operation — the Gaza Strip, the West Bank, East Jerusalem, Syria, Jordan and Lebanon — face a double jeopardy as they aren’t solely denied the providers of UNRWA, but additionally denied complete safety granted below varied UN conventions such because the UN High Commissioner for Refugees (UNHCR).

 A sequence on statelessness: Palestinians fleeing demise and destruction in Syria are unwelcome guests in host international locations

The determination by the Swiss court docket is a basic change in the sensible software of the 1954 Convention that beforehand prevented the Palestinian refugees from Syria from acquiring fundamental rights granted to others, together with the rights of residency, work and motion. The determination follows a lawsuit filed by Ghada Al-Rayyan, a Palestinian-Syrian authorized researcher at Law for Palestine Organisation. Al-Rayyan fled to Switzerland in 2014 after the outbreak of the battle in Syria. Her plea sought an modification to the outline of Palestinian refugees coming from Syria from “de facto stateless persons or citizens of an unknown state to de jure stateless refugees”.

“It is a fundamental change in the practical application of the Convention that previously prevented Palestinian refugees coming from Syria from obtaining the right of protection, which guarantees them the basic rights of residency, work and movement,” Al-Rayyan advised MEMO. “Our case is the first one where the Supreme Court of Switzerland or the top court has acknowledged us as stateless people which allows us to seek protection under the UN Convention under which signatory nations have to issue full residency permits which have no bar on travel or human basic rights. The Palestinians coming from Syria will not be automatically granted the acknowledgement to their de jure statelessness. However, they have a strong case in hand that changed the practical application of the 1954 UN Convention on stateless people.”

Al-Rayyan stated that she feels “very relieved and proud” after her victory. “It was a very tiring and long battle that drained my time, resources, patience and, more important, my family’s hope.”

Commenting on UNRWA’s means to guard Palestinian refugees, Al-Rayyan stated that it is extremely a lot depending on the political selections of the host international locations. “The siege of Al-Yarmouk Camp in Damascus is a clear demonstration that the protection of UNRWA is limited to the relief, humanitarian and social services.” The camp got here below heavy assault by forces loyal to the regime of President Bashar Al-Assad from round 2013.

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