what position of palestine in united nations

2. history
Before 1948
• 1918 – British colonization after Ottoman
defeated in WW1
• Britain put into action its undertaking to the Jews
to help them to have a home in Palestine
• special laws were issued to facilitate Jewish
immigration and acquisition of land in Palestine
• 1948 - they manage to own just 180,000 hectares,
around 6.67% of the land at that time, that they
got mainly from the rich feudal class, mostly
Lebanese and Syrian Families.

4. 1947 - The United Nations in General Assembly adopted
Resolution No. 181
• After expiry British mandate proposed a partition
plan : 2 states
• Arab State – 45%
• Jewish State – 54% (costal and fertile land)
• Jerusalem – international (1%)
• Arabs had then constituted 68.3% of the population
and owned 93.5% of its land, while the Jews only
immigrants, thus the partition extremely unfair to the
Arabs, who had logically out rightly rejected it

6. After 1948
• The Zionist declared the independent “State of
Israel”, and war intensified between the Zionist
gangs
• worst massacres after the world wars era,
resulted in the Zionist acquisition of 77% of
Palestinian land
• The West Bank was annexed to Jordan and the
Gaza Strip was put under Egyptian
administration

7. • 1974, the Palestine Liberation Organization
(PLO) was accepted by the UN General
Assembly meetings, participates in procedural
votes, and to sponsor and sign resolution, but
not to vote on resolutions and other
substantive matters
• Up to 28 November 2012, Palestine has not
been officially announced as a State despite
the facts that 127 states had recognized
Palestine as a State

9. States Recognition
• need not be expressed in a formal document
• States treat an entity as a State, then they are
considered to recognize it
• Case Tinoco Arbitration (United Kingdom v Costa
Rica) (1923) 1 RIAA 369
• Palestine is not recognized as a State by a little
number of States including of : Israel, United States,
Canada, Czech Republic, Marshall Islands, Micronesia
(Federated States of), Nauru, Panama, and Palau
• However, mere recognition is not sufficient. The idea
that an issue of statehood involves the mere
acknowledgement of a fact is really too simple

10. Montevideo Convention 1933
• Article 1 of the Montevideo Convention
defines ‘State’ as a person of international law
should possess the following qualifications:
• (a) permanent population
• (b) a defined territory (West Bank, East
Jurusalem, and the Gaza Strip)
• (c) government (PLO)
• (d) capacity to enter into relations with other
states.

11. Current Status of Palestine
• 29 November 2012, the UN General Assembly
voted to upgrade the status of the Palestinians to
that of a “non-member observer state”.
• 138 in favour to 9 against with 41 abstentions
• 14 September 2015, 136 (70.5%) of the 193
member states of the United Nations have
recognized the State of Palestine
• recognise the PLO as the "representative of the
Palestinian people“
• PLO's Executive Committee is empowered by the
Palestinian National Council to perform the
functions of government of the State of Palestine

12. ‘Non-member State’ Recognized By The UN
• continue to have observer status but now as a
State with territory
• the West Bank, including East Jerussalem, and
the Gaza Strip – recognized by the UN
• can apply for the status of Permanent Observer
state
• arranged for seating in the General Assembly
Hall immediately after the Member States
• participate in the sessions and the work of the
General Assembly
• maintaining permanent observer missions in
Headquarter.

14. Recognition of State by the UN
• The fact that the UN does not yet grant
Palestine a full membership is not an evidence
of it not attaining statehood. This is because
admittance to the UN as a member is not a
criterion for statehood

15. Non-acceptance of Palestine as a full member of
UN
• entity to be admitted to the UN as a member,
Article 4 of the UN Charter 1945 requires that
it be (a) a State, (b) peace-loving, (c) prepare
to accept the obligations contained in the
Charter, and (d) able and willing to carry out
these obligations
• depends on the discretion of the Security
Council and the General Assembly

16. • Advisory Opinion on the Competence of the
General Assembly for the Admission of a
State to the United Nations the court held that
– “The admission of a State to membership in the
United Nations, pursuant to paragraph 2 of Article
4 of the Charter, cannot be effected by a decision
of the General Assembly when the Security
Council has made no recommendation for
admission..”

17. • despite the resolution by the General
Assembly recognizing Palestine as a State,
still it cannot be a member of the UN until
and unless recommend by the Security
Council
• The main obstacle in the way to UN
membership is because the United States of
America, who is against the Palestinian
statehood, being one who possesses the veto
power in the Security Council.

19. Rights of Palestine

20. Right as Non-Member State
Observer
Right as Minority Arab in Israel
Right to Speak at General Assembly
Meetings
Citizenship Right
Right to Vote on Procedural Matters
Income/Poverty
Right to Serve Signatories on
Working Papers
Redistribution of resources and social
welfare
Right to Sign Resolutions, but not to
Sponsor Resolutions or Vote on
Resolutions of Substantive Matters
Employment
Right to Circulate Communications
Without Intermediary
Health
Right to Prosecutes International
Criminals for Crimes committed in
Palestine
Educational Access
Political Participation
Economic Assets: Land