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15/05/2008

I. Appeal to the Human Rights  Council

We are going to send to the  Human Rights Council an  appeal, objective yet somewhat ironic, demanding that it  undertakes its  responsibilities of taking action to stop the systematic  violations of  the rights of the Palestinian refugees. It is not intended to  discuss  individual and group rights in detail. We will keep our focus broad and   it will be on the problem of discrimination. In fact, it is a problem  that has  become too severe to be tolerated or justified, especially  when associated to  such organization as the United Nations. With more  and more members having  joined our action recently, the Council will  have a really big problem that can  by no means be ignored.

In this respect, the  Palestinian refugees whose requests were  rejected by the Office of the United  Nations High Commissioner for  Refugees (UNHCR) or who were subjected to  unreasonably prolonged  measures, particularly in Iraq and Egypt, are advised to  defend their  rights and send their complaints to the Human Rights Council. The   appended form (Complaint Form) can be used, or you can write to us.

Our action has a value in  itself. It is a cornerstone of our  endeavors to obtain our respective rights,  and an expression of our  free will to choose our fate rather than leaving it to  the ebb and flow  of events. Naturally, our action is open for everyone and not   restricted to the Palestinian refugees.

Please copy the text of the appeal, then add your name and address to it  and send it to the address or the e-mail herein.

 Human Rights Council and Treaties Division
Complaint Procedure
OHCHR-UNOG
1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org

I  am writing this article to inform you that the UNHCR’s  interpretations relating to the rights of the Palestinian refugees constitute an discrimination and systematic violation of the rights of the Palestinian refugees. They starkly contradict with  the  resolutions issued and approved by United Nations General  Assembly. As stipulated by the International Covenant on Civil  and Political Rights:

Article 2

1.  Each State Party to the present Covenant undertakes to respect  and to ensure to all individuals within its  territory and subject  to its jurisdiction the rights recognized in the present  Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2.  Where not already provided for by existing legislative or other  measures, each State Party to the present Covenant undertakes to  take the necessary steps, in accordance with its constitutional  processes and with the provisions of the present Covenant, to  adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a)  To ensure that any person whose rights or  freedoms as herein  recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting  in an official capacity;

(b)  To ensure that any person claiming such a remedy shall have his  rights thereto determined by competent judicial,  administrative  or legislative authorities, or by any other competent authority  provided for by the legal system of the State, and to develop the  possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 5

1.  Nothing in the present Covenant may be interpreted as implying  for any State, group or person any right to engage in any  activity or perform any act aimed at the destruction of any of the  rights and freedoms recognized herein or their limitation to a greater extent than is provided for in the present Covenant.

2.  There shall be no restriction upon or derogation from any of the  fundamental human rights recognized or existing  in any State  Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser  extent.

Politicization  and selectivity influence the  interpretations and policies of  the UNHCR. For decades, it has declined to  fulfill the  obligations stipulated by the International Covenant on Civil  and  Political Rights and imposed restrictions and prerequisites on the Palestinian refugees, ignoring the resulting legal status of those  persons from being deprived of international protection and the  cease of the United Nations Conciliation Commission for Palestine  (UNCCP). By this, it  is breaking the Statute of the Agency  approved by the UN General Assembly, which stipulates the  following:

1.  The United Nations High Commissioner for Refugees, acting under  the authority of the General Assembly, shall assume the function  of providing international protection, under the auspices of  the  United Nations, to refugees who fall within the scope of the present Statute and of seeking permanent solutions for the problem of  refugees by assisting Governments and, subject to the approval of  the Governments  concerned, private organizations to facilitate  the voluntary repatriation of such refugees, or their assimilation within new national communities.

In  the exercise of his functions, more particularly when difficulties arise, and for instance with regard to any controversy concerning the international status of these persons, the  High Commissioner shall request the opinion of the advisory  committee on refugees if it is created.

2.  The work of the High Commissioner shall be of an entirely  non-political character; it shall be humanitarian and social and  shall relate, as a rule, to groups and categories of refugees.

3.  The High Commissioner shall follow policy directives given him by the General Assembly or the Economic and Social Council.

Thus,  I appeal to your Council for undertaking its responsibilities of  dealing with these systematic violations of human rights, for  acting to eliminate all forms of discrimination under any excuses, and stopping such actions and interpretations so that human rights are given due respect by the measures of the International  Agency for Refugees. Here, I cite Resolution A/RES/60/251:

3. Decides also that the Council should address situations of violations of  human rights, including gross and  systematic violations, and make  recommendations thereon. It should also promote the effective  coordination and the mainstreaming of human rights within the  United Nations system;

4. Decides further that the work of the Council shall be guided by the principles  of universality, impartiality, objectivity and non-selectivity,  constructive international dialogue and cooperation, with a view  to enhancing the promotion and protection of all human rights,  civil, political, economic, social and cultural rights,  including  the right to development.

Further,  I urge your Council to agree to examine the complaints of  individuals and provide an effective and fair  route for the  Palestinian refugees who claim that their rights are violated by  the International Agency for Refugees.

That’s not all, Please keep in touch.

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