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Volume 4 No 1 - Journal for the Study of Antisemitism

Volume 4 No 1 - Journal for the Study of Antisemitism

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118 JOURNAL FOR THE STUDY OF ANTISEMITISM [ VOL. 4:115<br />

The refugee was <strong>the</strong>n refused a second time in this appeal, because <strong>the</strong><br />

visa <strong>of</strong>fice considered he had a durable solution in Lebanon. A challenge in<br />

<strong>the</strong> Federal Court <strong>of</strong> that second decision was unsuccessful. 8<br />

Fifth, o<strong>the</strong>r refugees have resettlement as a durable solution. Thenprime<br />

minister Jean Chrétien in April 2000 and <strong>for</strong>eign affairs minister John<br />

Manley in January 2001 <strong>of</strong>fered to resettle Palestinian refugees in Canada.<br />

PLO spokesman Ahmed Abdel Rahman rejected <strong>the</strong> prime minister’s <strong>of</strong>fer,<br />

saying, “We reject any kind <strong>of</strong> settlement <strong>of</strong> refugees in Arab countries, or<br />

in Canada.” 9 John Manley, in response to his <strong>of</strong>fer, was burned in effigy<br />

near <strong>the</strong> West Bank city <strong>of</strong> Nablus. 10 Hussum Khader, head <strong>of</strong> <strong>the</strong> largest<br />

Palestinian Fatah militia in Nablus, said, “If Canada is serious about resettlement,<br />

you could expect military attacks in Ottawa or Montreal.” 11<br />

Sixth, every o<strong>the</strong>r refugee, in order to be eligible to seek protection<br />

from <strong>the</strong> international community has to renounce armed activity. A determination<br />

has to be made <strong>of</strong> <strong>the</strong> genuineness <strong>of</strong> that renunciation. 12 That is<br />

certainly not <strong>the</strong> case with UNRWA and Palestinian refugees. There is no<br />

ineligibility provision based on intent to use <strong>for</strong>ce, or actual use <strong>of</strong> <strong>for</strong>ce.<br />

Seventh, non-Palestinian refugees cannot be complicit in acts <strong>of</strong> terrorism.<br />

The Refugee Convention excludes those about whom <strong>the</strong>re are serious<br />

reasons <strong>for</strong> considering that <strong>the</strong> person has been guilty <strong>of</strong> acts contrary to<br />

<strong>the</strong> purposes and principles <strong>of</strong> <strong>the</strong> United Nations 13 ; terrorism is such an<br />

act. 14 That is not true, though, <strong>of</strong> Palestinian refugees. UNRWA has no<br />

exclusion or ineligibility clause based on complicity in terrorist acts.<br />

This support <strong>for</strong> <strong>the</strong> rights <strong>of</strong> Palestinian refugees who, but <strong>for</strong> <strong>the</strong> fact<br />

<strong>the</strong>y were Palestinians would not be refugees, is anomalous enough when<br />

one compares Palestinian refugees with <strong>the</strong> global refugee population. The<br />

contrast is even more striking when one compares Palestinian refugees with<br />

Jewish refugees created by <strong>the</strong> same armed conflict.<br />

8. El-Biqai v. M.C.I. IMM-79-06, March 21, 2006, Ms. Justice Layden-<br />

Stevenson.<br />

9. Robert Fife, “Policy Chaos as PM Stumbles Again,” National Post, April<br />

13, 2000.<br />

10. Mike Trickey, “Angry at a Reported Offer <strong>of</strong> a Home, Palestinians Burn<br />

Manley in Effigy,” Ottawa Citizen, January 19, 2001.<br />

11. “Canadians Might Understand <strong>No</strong>w,” Canadian Jewish News, February 22,<br />

2001.<br />

12. “Operational Guidelines on Maintaining <strong>the</strong> Civilian and Humanitarian<br />

Character <strong>of</strong> Asylum,” United Nations High Commissioner <strong>for</strong> Refugees, September<br />

2006.<br />

13. Refugee Convention, Article 1F(c).<br />

14. Pushpanathan v. M.C.I. (1998), 1 S.C.R. 982, para. 120.

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