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-- a fixed population;
-- a functioning government; in 1988, Arafat declared the PLO as Palestine's Provisional Government; and
-- the capacity to enter into relations with other states; about 130 nations recognize Palestine; others haven't because, under occupation, it lacks effective control of its territory; still others disagree, saying Israel isn't in control; it's an occupier; on December 15, 1988, The General Assembly recognized Palestine's legitimacy, affording it observer status;
Palestine can easily satisfy essential criteria, and all UN Charter states (including America and Israel) provisionally recognized Palestinians an independent in accordance with UN Charter article 80(1) and League Covenant article 22(4). Further, as the League's successor, the General Assembly has exclusive legal authority to designate the PLO as the Palestinian peoples' legitimate representative.
The Palestine National Council (PNC) is the PLO's legislative body, empowerered to proclaim the existence of Palestine. According to the binding 1925 Palestine Citizenship Order in Council, Palestinians, their children and grandchildren automatically become citizens. So are diaspora Palestinians. Those living in Israel and Jordan have dual nationalities, and residents of the Occupied Territories remain "protected persons," according to Fourth Geneva, until a final peace settlement is reached.
Boyle explained that the Proclamation of Independence must create the Government of Palestine (GOP). It then can claim the right of Palestine and its people to UN membership. It requires approval by both the Security Council and General Assembly according to five conditions. Applicants must be:
-- a state;
-- peace loving;
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