2020
Statelessness & Citizenship Review
2(2)
This divergence also creates major risks for protection gaps. Notably, gaps arise
with respect to stateless Palestinians for whom it is established that their return to
a country of previous habitual residence is impossible for administrative reasons
(and not due to a fear of persecution) and for stateless Palestinians for whom
protection in line with the UNHCR guidelines is not available in another state.
We hope that our contribution will generate further debate, (academic)
research, and perhaps even a clarification from authorities who are competent to
decide upon Palestinian nationality. In any case, the need for authoritative
guidance from UNHCR or other UN agencies has been established, especially
regarding the legal nature of documents issued by the PA, on the concept of
nationality in light of the limited powers of the PA enshrined in the Oslo Accords
and resulting from the Israeli occupation.
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