Legal expert discusses the implications of Palestinian statehood recognition on individual rights.
Palestinians are increasingly being regarded as having a nationality, which has led to a notable shift in how they are treated in various countries. Legal expert Patrícia Cabral, who serves as the legal policy coordinator at the European Network on Statelessness, highlighted that this change in status is problematic. Countries such as Bulgaria, Hungary, and Norway have begun to curtail the rights of Palestinians following the recognition of a Palestinian state by several Western nations, including Australia, Britain, Canada, and France.
Recognition of a Palestinian state is seen as an effort to pressure Israel to halt its military actions in Gaza, which have resulted in significant loss of life and displacement of millions. The UN Commission of Inquiry’s findings, which accused Israel of committing genocide in Gaza, have been met with denial from Israel. Recently, US President Donald Trump proposed a peace plan that involves Israeli Prime Minister Benjamin Netanyahu, offering a limited timeframe for the Palestinian militant group Hamas to respond.
Cabral emphasized the legal status of most Palestinians, who do not possess another nationality, indicating that they should be classified as stateless according to international law. The lack of a nationality law in Palestine and its absence of sovereign control over borders contribute to this classification. Furthermore, Palestine’s dependence on Israel for issuing identity and travel documents reinforces the case for considering Palestinians as stateless individuals.
Under international conventions, stateless Palestinians are entitled to protections as refugees and should have access to residency rights, economic and social rights, and a facilitated path to naturalization. This is particularly important to ensure that they are not left in a state of limbo. Additionally, safeguards exist in many countries to prevent the birth of stateless children, a provision that should also apply to Palestinian children lacking another nationality.
Despite the political nature of recognizing Palestinian statehood, which does not carry legal weight, the administrative changes in some countries have been significant. For instance, Bulgaria and Hungary have altered their policies to classify Palestinians as nationals rather than stateless individuals, resulting in denials of protection for many. This shift leaves Palestinians without viable routes for legal protection or asylum, as their applications are often automatically rejected.
Norway’s recent recognition of Palestine has similarly led to changes in government policy. Previously, Palestinians could access Norwegian nationality after three years of residency; this requirement has now extended to eight years due to their new classification as nationals. This has sparked considerable backlash and concern that similar trends may emerge in other countries.
Cabral pointed out the necessity for increased awareness and training among authorities, decision-makers, and the judiciary to mitigate these issues. The European Network on Statelessness has taken steps to address this by releasing a legal briefing aimed at equipping legal practitioners with the necessary arguments to advocate for the rights of stateless Palestinians. The role of the courts in these matters remains vital, as legal frameworks continue to evolve in response to the changing political landscape.
