BADIL Resource Center for Palestinian Residency and Refugee

124
Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007)
host country, 94 the right to leave and enter host states, 95 freedom of movement, 96 the right to a travel document, 97
and the right to the same treatment as LAS nationals with regard to visas and residency applications. 98
While the Casablanca Protocol is narrower in scope than the 1951 Refugee Convention, some of its provisions
grant greater rights in theory than those set out in the Refugee Convention. In the arena of self-employment and
employment in the liberal professions, the Casablanca Protocol provides for the same treatment as nationals, whereas
the Refugee Convention only provides for treatment as favourable as possible, and not less than that accorded to
resident aliens. Article 26 of the 1951 Refugee Convention provides for freedom of movement within the host
country, whereas Articles 2 and 3 of the Casablanca Protocol also provide for freedom of movement between Arab
states. The Casablanca Protocol, however, is not a Convention, and is not legally binding. Not all member states
of the League of Arab States are signatories to the Casablanca Protocol.
Other LAS resolutions have addressed the reunification of divided families (e.g., Resolution 424, 14 September
1952) and the issuance of a standard travel document (Resolution 714, 27 January 1952). No uniform identity
paper or travel document, however, has ever been designed or issued by the LAS. Travel documents are issued
by individual member states. In 1970, the LAS Supervisors Conference adopted Resolution 2600, stating that
the acquisition of another nationality would not trigger the cessation of refugee status in LAS member states. In
1977, the PLO proposed that a Palestinian passport be issued that would be recognized beyond the Arab region.
The proposal was never implemented, however, due to the absence of a Palestinian state and lack of sufficient
Arab political will. In 1982, the LAS adopted Special Resolution 8 stipulating that travel documents issued to
Palestinians should be granted in the same manner as national passports are issued to citizens.
During the 1991 Gulf war, the LAS adopted Resolution 5093, which authorized states to treat Palestinian refugees
in accordance with domestic law rather than under the provisions set forth in the 1965 Protocol. 99 The resolution
weakened respect for the Casablanca Protocol.
LAS efforts to contribute to the search for durable solutions have remained unsuccessful, largely due to Israel’s
denial of the right of refugees to return and the lack of international political will. The LAS and member states have,
however, provided protection to Palestinian refugees through relief and assistance. With regard to international
protection and assistance, the LAS emphasizes the importance of continued international support for UNRWA
as an indicator of international responsibility for the Palestinian refugee issue, and until such time as the issue is
resolved on the basis of Resolution 194(III).
The LAS and member states have not encouraged the UNHCR to play a formal role in protecting Palestinian
refugees, due to concern that UNHCR involvement might result in a decrease of international donor support to
UNRWA, and also for fear of weakening the right of return. The LAS and the UNHCR have signed a memorandum
of understanding, which reaffirms the need to maintain UNRWA and its services to Palestinian refugees in its five
areas of operation until a just solution for the problem of refugees is found on the basis of United Nations resolutions.
The LAS and the UNHCR have also signed a co-operation agreement that provides for periodical consultation,
mutual representation, exchange of documents and information, and co-operation with UNRWA. 100
4.4.2 Protection Practice in Arab Host States
More than two-thirds of the Palestinian refugees reside in Arab host states and in the 1967-occupied Palestinian
territory. 101 Jordan, Syria, Lebanon, Saudi Arabia, and Egypt host the majority of Palestinian refugees in the Arab
world.
Jordan, Syria, Egypt, Algeria, Iraq, Yemen and the Sudan have all ratified the Casablanca Protocol. Kuwait, Lebanon
and Libya have endorsed the Casablanca Protocol, but with reservations. 102 Saudi Arabia, Morocco and Tunisia are
not signatories.