Palestine as a Non-Member Observer State at the United Nations
which cannot be implemented without enabling the refugees to return to their original
homes. It is important that this right must be maintained conceptually and practically
throughout the national liberation stage without restricting it to the geography of the
recognized state19.
Despite all the concerns raised by Badil Center, the Palestinian application to the UN
maintained the status and achievements of the PLO by including a clear clause in that
regard. It stressed that Palestine should be upgraded to a non-member observer state at
the United Nations without prejudice to the rights and privileges of the PLO and its role
in the United Nations as representative of the Palestinian people and according to the
relevant UN resolutions.
Concerning the right of the Palestinian refugees to return, Amnesty International said
in its statement on the new Palestinian status at the United Nations that “recognition of
Palestine will not cause prejudice to the legal status of the Palestinian refugees as the
right of each Palestinian refugee to return is guaranteed and can not be compromised
whether Palestine enjoys observer status at the United Nations or not.”20 In regard to the
citizenship issue, the Palestinian state may issue the Palestinian nationality law and define
accordingly who qualifies as a citizen.
On 29 November 2012, the General Assembly accorded Palestine non-member observer
state status21 with 138 in favour, 9 against22 and 41 abstentions .
1.3: Observer State Ratification of International Human Rights
Treaties
General Assembly Resolution 58 \314, dated 16 June 2004, and titled Holy See’s Participation in the Work of the United Nations, stated that the Holy See had been an observer
state in the United Nations since 6 April 1964, and party to several international human
rights treaties, including the following: Vienna Convention on Diplomatic Relations;
1969 Vienna Convention on the Law of Treaties; 1951 Protocol Relating to the Status
of Refugees; Convention on the Rights of the Child and its Optional Protocols; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
International Convention on the Elimination of All Forms of Discrimination; Convention
for the Protection of Intellectual Property in the Event of Armed Conflict; Paris Convention for the Protection of Industrial Property, Treaty on the Non-Proliferation of Nuclear
Weapons; several disarmament treaties; the Geneva Conventions of 1949, and the 1977
19 Open letter to the President and members of PLO›s Executive Committee concerning Palestine state draft
resolution, for more, see http://www.badil.org/ar/press-releases/137-press-ara-2001/3222-press-ara-28
20 http://www.amnesty.org/ar/library/asset/MDE21/005/2012/en/ff04cbe1-08ce-48e7-8821-9286655c56b2/
mde210052012en.pdf
21 http://www.un.org/arabic/news/story.asp?newsID=17626
22 Canada, Czech Republic, Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Panama, Palau,
United States Also see Appendix (8), Palestinian application subjected to vote at the GA .
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