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x Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007) General Recommendations Recommendations 1. Strengthen the rule of law: The current and future status of Palestinian refugees and internally displaced persons should be addressed by a framework consistent with international law, relevant United Nations resolutions (UNGA 194(III) and UNSC 237), and best practice. Fundamental principles include the rights of refugees and IDPs to return to their homes of origin, repossess their homes, lands and properties, and be compensated for losses and damages. Robust mechanisms should be developed to investigate human rights violations, determine responsibility and accountability for the injuries, loss of life and property violations, ensure reparations from those responsible, and prosecute those guilty of serious violations of international law. 2. Facilitate refugee/IDP participation: The process of clarifying protection gaps and crafting durable solutions should include the refugee and IDP communities in order to strengthen democratic principles and structures, expand the range of solutions and lend greater legitimacy to any future peace agreement. Special emphasis should be accorded to the inclusion of Palestinians outside the 1967-occupied Palestinian territory and Israeli civil society as well as women, children and the elderly. 3. In light of the 60 th anniversary of the Palestinian Nakba in 2008: A strong effort should be undertaken by civil society and official parties for more awareness, recognition and accountability pertaining to the rights of Palestinian refugees and IDPs. States and the United Nations are called upon to reaffirm the rights of return and restitution of Palestinian refugees and to activate mechanisms and resources, in order to re-examine the obstacles to the return, restitution and compensation of all displaced Palestinians, in particular the 1948 Palestinian refugees. International Community 1. Support rights-based durable solutions: The Quartet (US, Russia, EU and UN) and other members of the international community should support and facilitate solutions for Palestinian refugees and IDPs consistent with international law, relevant UN resolutions and best practice. 2. Adopt and apply proper interpretation of Article 1D (Refugee Convention): States signatories to the 1951 Convention Relating to the Status of Refugees should incorporate Article 1D into national legislation and apply Article 1D to asylun cases involving Palestinian Refugees. States should not return-deport Palestinian refugees unless asylum authorities are able to establish that effective protection is guaranteed in the country s/he is to be removed to. 3. Implement the protection standards of the Statelessness Convention: States signatories should adopt and apply provisions of the 1954 Statelessness Convention in line with the proper interpretation of Article 1D (Refugee Convention) and develop appropriate procedures for the assessment of protection claims under the Convention. 4. Strengthen regional instruments and mechanisms for refugee protection and durable solutions: Members states of the League of Arab States should develop the 1965 Protocol on the Treatment of Palestinians in line with the 1992 Cairo Declaration and regional refugee instruments such as the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa with the aim of increasing the scope of protection and clarifying the applicable framework for durable solutions. States members should also strengthen regional mechanisms to monitor the implementation of relevant regional standards. 5. Increase donor assistance to UNRWA: States should increase contributions for refugee assistance in line with the average annual growth rate of the refugee population and the annual weighted average rate of inflation in UNRWA’s areas of operation. Arab states should bring contributions in line with the commitment set forth in LAS Resolution 4645 (1987) (i.e. 7.8 percent of UNRWA’s total regular budget).
6. Not to recognize the illegal situation resulting from the construction of the wall and its associated regime: States should not recognize the fait accompli resulting from the construction of the Wall and not render assistance in maintaining the situation created by such construction. States olso should ensure compliance by Israel with international human rights and humanitarian law. United Nations 1. Identify agency responsibility to search for and implement durable solutions: UNHCR, UNRWA, UNCCP and other relevant bodies should continue inter-agency consultation and coordination with the aim of clarifying respective mandates and identifying agency responsibilities for the search for and implementation of durable solutions. The appropriate body or bodies should draft a framework for durable solutions based on international law, relevant UN resolutions and best practice and make clear to all stakeholders that an agreement should be consistent with the consensus of voluntary repatriation, restitution and compensation based on the free and informed choice of each individual. 2. Identify agency responsibility to protect Palestinian refugees and IDPs in UNRWA areas of operation: Effective remedy of the protection gap for Palestinian refugees in UNRWA areas of operation and IDPs requires clarification of mandates (i.e. division of protection and assistance roles) and increased inter-agency coordination between UNHCR, UNRWA, UNCCP and other relevant bodies. These three agencies, having been accorded a lead role in the provision of protection and assistance for Palestinian refugees/IDPs should take the initiative to establish a coordination mechanism or secretariat for the exchange of documents, information, data and reports regarding their respective policies and operations. 3. Establish comprehensive registration system for Palestinian refugees and IDPs: The United Nations should coordinate action to establish a comprehensive registration system for Palestinian refugees and IDPs for the purpose of international protection and crafting of durable solutions. A comprehensive registration system should include all categories of Palestinian refugees and internally displaced persons. 4. Ensure that the Register of Damage as a result of the Construction of the Wall and its associated regime registers forced displacement: The United Nations Register of Damage should include within its scope of damages forced displacement and the number of internally displaced persons caused by the construction of the Wall and its associated regime. Immediate action should be taken in order to ensure that meaningful and comprehensive registration of damages becomes available for Palestinian victims in the OPT at the earliest possible date and to prevent destruction of valuable evidence over time. Government of Israel 1. Comply with international law standards for durable solutions: The government of Israel should repeal or revise nationality and property legislation to bring relevant laws into compliance with international human rights obligations, as recommended by various United Nations Human Rights Treaty Bodies, so that Palestinian refugees may re-establish domicile in their homeland and repossess their homes and properties. The government of Israel should also implement without further delay the 1951 High Court decisions regarding the return of IDPs from the villages of Iqrit and Bir’im in the context of implementing durable solutions for all IDPs inside Israel. The government of Israel should provide access to all archives containing 1948-related documentation and other documentation related to the displacement and dispossession of Palestinians since that time. 2. Implement protection standards in the 1967 occupied Palestinian territory: The government of Israel should apply international human rights instruments and the Fourth Geneva Convention in their entirety in the 1967 occupied Palestinian territory and end its occupation of the West Bank, including eastern Jerusalem, and the Gaza Strip. xi
Page 1 and 2: 1948 - 2008: 60 Years of the Palest
Page 3 and 4: 1948 - 2008: 60 Years of the Palest
Page 5 and 6: Table of Contents Executive Summary
Page 7 and 8: Chapter Five: Politics and the Ques
Page 9 and 10: Executive Summary Palestinian refug
Page 11: Campaigns for boycott, divestment a
Page 15 and 16: Glossary Absentee A person who, at
Page 17 and 18: Jewish State A term used by Israel
Page 19 and 20: Refugee Office A sub-office establi
Page 21 and 22: Voluntariness The Wall and its Asso
Page 23 and 24: From the Nakba to the Present Day -
Page 25 and 26: 1.1 Background Figure 1.1: Estimate
Page 27 and 28: 1.2 From Mandate to Partition From
Page 31 and 32: In September 1947, the UN Special C
Page 33 and 34: Map 1.3: 1948 Depopulated Palestini
Page 35 and 36: 1.4 Displacement after the 1948 War
Page 37 and 38: Both The Guardian and The London Ti
Page 47 and 48: Al-Tanaf refugee camp at the Syrian
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Chapter Two ‘Aida refugee camp, o
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2.1 Background Population Numbers,
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Population Numbers, Distribution an
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2.2 Distribution Population Numbers
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Figure 2.3: Estimates of the Number
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Table 2.4: Registered Refugees in O
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Map 2.1: Palestinian refugee commun
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Table 2.7: Distribution of Palestin
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(hospitals and medical centres). Im
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Table 2.15: Percentage of Children
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Assistance Chapter Three UNRWA Food
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3.1 National, Regional and Internat
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Assistance According to LASC Resolu
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Assistance Table 3.1: Main sources
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UNRWA’s relationship with host go
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3.2 Main Forms of Assistance - Deve
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Assistance Palestinian refugees in
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Assistance 2005, the Syrian governm
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In Syria, the government provided l
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UNRWA Funding Assistance UNRWA’s
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Assistance and equipment in schools
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Table 3.9: Summary of Emergency App
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Assistance 27 Luigi De Martino, “
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Assistance 78 Report of the Commiss
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Protection Chapter Four Israeli sol
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Protection Almost 60 years after th
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Protection While there is no formal
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Protection immediate return of all
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2.2.2 The Right to Restitution Prot
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Protection It is clear from the phr
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Protection of All Forms of Racial D
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Protection Palestinian citizens. Fo
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) The right to protection from pers
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Palestinian from the West Bank and
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Protection Investigations conducted
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Protection six months, unless they
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Protection Palestinian refugees in
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Protection Palestinian refugees in
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Protection In other countries, Arti
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Protection rights. If the refugee i
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4.6.2 The United Nations Conciliati
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UNCCP activities related to restitu
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Table 4.2: Estimates of Palestinian
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Protection the occupied territory [
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Protection The UNHCR recognizes 194
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Protection the Rights of the Child
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Protection realization of the princ
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Protection Israel’s compliance wi
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Protection and Population Registry
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Protection Bank and to those who le
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Protection Right to Work in Lebanon
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Protection budget, see UNGAOR, 6th
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Protection 213 UNHCR, 2005 UNHCR St
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Al-’Aqaba, a Palestinian village
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5.1 Refugees/IDPs and Peace Agreeme
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Politics and the Question of Palest
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The Road Map provides an ambiguous
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5.3.7 The League of Arab States The
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Demonstration, London, 9 June 2007
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184 Survey of Palestinian Refugees
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