the Reduction of Statelessness, and customary international law. The 2018 law also continues to deny the right of return of Palestinians expelled from Israel or the occupied territory, a right enshrined in these treaties, UN resolutions, and customary international law relating to the right of an individual to return to his place of origin or nationality.82 Although not an option at present, should Israel offer Israeli nationality to Palestinians in the future, Palestinians have good grounds for rejecting Israeli nationality, in accordance with principles of selfdetermination.83 Lack of Palestinian Sovereignty and Nationality Law As noted above, Palestinians have been considered nationals of Palestine under previous Palestine laws, for example during the British Mandate period. This report does not provide a full history of Palestine and previous nationality laws, but focuses on whether Palestinians should currently be considered stateless and entitled to the protections that the recognition of statelessness provides, in particular with respect to statelessness determination and protection under the 1954 Convention. For a detailed consideration of the relevant history, see Professor Susan Akram’s “Palestinian Nationality and ‘Jewish’ Nationality: From the Lausanne Treaty to Today.”84 Palestine declared its independence in 1988 and is recognised as a state by the UN and 139 countries;85 however, it continues to be a state under military occupation by Israel. Issuance of Palestinian identity and travel documents requires permission from Israel, and Palestine “is far from being independent or sovereign.”86 The Palestine Liberation Organization (PLO) was formed in 1964 and was recognised over subsequent years as the representative of the Palestinian people, including by Israel in 1993, through the Oslo Peace Accords. The Palestinian Authority was created in 1994 to govern Palestine, to a limited extent. Pursuant to the Oslo Accords, the Palestinian Authority (PA) can grant permanent resident status to existing residents and certain persons of Palestinian origin returning from abroad, and it can issue identity cards and passports for residents of the West Bank and Gaza. However, these acts require permission from the Israeli authorities;87 and, of course, permanent residence is not nationality. As noted above, nationality entails a right to reside in one’s own country, and to return to it if abroad. Many Palestinians are in fact unable to exercise their right of return to any part of Palestine (or Israel). 82 The International Covenant on Civil and Political Rights (1966), Article 12(4) states that “no one shall be arbitrarily deprived of the right to enter his own country.” The Convention on the Elimination of All Forms of Racial Discrimination (1969), Article 5(d)(ii), obligates states to eliminate racial discrimination “in all its forms,” and to “guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of . . . the right to leave any country, including one’s own and to return to one’s country.” This provision also prohibits a state from discriminating on these grounds in determining eligibility for nationality. The 1961 Convention on the Reduction of Statelessness, Article 9, also prohibits deprivation of nationality on the basis of race or ethnicity, religion, or political opinion. See also Akram, ‘Palestinian Nationality’ (2021), n 71, 204-206. 83 Palestinians’ lack of nationality is in some ways analogous to that of some Sahrawi people, who are stateless but have an entitlement under international law to be considered nationals of the State of Western Sahara. Western Sahara is recognised as a state by some countries, but Morocco claims it as part of Morocco and occupies part of the territory. Western Sahara has no nationality law. Dr Bronwen Manby concludes that certain categories of Sahrawis should be considered stateless. Some Sahrawis could claim Moroccan nationality -- but even where this would be recognised by Morocco, based on principles of self-determination, if they object on political grounds to being Moroccan nationals, they should still be considered stateless in statelessness determination procedures, vis a vis Morocco and based on the lack of an effective Sahrawi nationality. Bronwen Manby, ‘Nationality and Statelessness Among Persons of Western Saharan Origin’, Journal of Immigration, Asylum and Nationality Law, Vol.34, No. 1 (Feb 2020) 9-29. 84 Akram, ‘Palestinian Nationality’ (2021), 194. 85 The UN formally recognised Palestine as a state in 2012. As of Nov 2021, 139 countries recognise Palestine as a state. Permanent Observer Mission of the State of Palestine to the United Nations, ‘Diplomatic Relations’ https://palestineun.org/ about-palestine/diplomatic-relations/ [accessed 30 June 2022]. 86 Farsakh, n 11. 87 See Wout van Doren and ors, ‘The Broadening Protection Gap for Stateless Palestinian Refugees in Belgium’ (Statelessness and Citizenship Review 2(2), 2020) https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/123/99, 30708. 14