BADIL Resource Center for Palestinian Residency and Refugee

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134 Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007) The Status of Palestinian Refugees under the Stateless Conventions A person who is not considered a national by any state is called a stateless person. Stateless persons who are refugees are covered by the 1951 Refugee Convention. For stateless persons who are excluded from the protection offered by the 1951 Refugee Convention, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness provide an additional regime of protection under international law. The Conventions, have limited reach, however, as few states have ratified them. The majority of Palestinians worldwide are both refugees and stateless persons. Palestinian citizenship terminated with the British mandate and with the proclamation of the state of Israel on 15 May 1948. Israel’s 1952 Citizenship Law repealed the Palestine Citizenship Orders (1925–42) retroactively from the day of the establishment of the state of Israel. Israel’s 1952 Citizenship Law effectively denied Israeli citizenship to the majority of 1948 Palestinian refugees – i.e., they were denationalized. While a significant number of states have recognized “Palestine” as an independent state, following the declaration of independence by the Palestine Liberation Organization (PLO) on 15 November 1988, today, no area of historic Palestine meets the international legal criteria of statehood: a permanent population, a defined territory, government, and the capacity to enter into relations with other states. The 1954 Convention provides stateless persons with similar benefits to those that the 1951 Refugee Convention provides to refugees. The 1961 Convention on the Reduction of Statelessness was drafted to reduce as much as possible or eliminate the phenomenon of statelessness. According to Article 1, a contracting state must grant its nationality to a person born in its territory who would otherwise be stateless at birth, by operation of law, or upon application. It also prohibits, with a number of exceptions, depriving someone of their nationality and categorically prohibits denial of nationality on grounds of race, religion or political opinion. As in the case of the 1951 Refugee Convention, the 1954 Stateless Convention does not apply to “persons who are at present receiving from organs or agencies of the United Nations other than the UNHCR, protection or assistance so long as they are receiving such protection or assistance” (Article 1). Most Arab states in which the majority of refugees are residing are not signatories to the 1954 Stateless Convention. Interpretation of the status of Palestinians as stateless persons varies among and even within those states which are signatories to one or both of the two statelessness Conventions. Like other asylum-seekers, Palestinians who receive a final negative decision in their asylum application, and are not granted a complementary form of protection, are requested to leave the host country. As stateless persons, however, they often have nowhere to go because no state will allow them to (re-)enter their territory. They are therefore at grave risk of being trapped in a state of legal limbo. In many countries, including Austria, Belgium, France, Germany, Switzerland, Sweden and the UK, rejected asylumseekers who cannot be returned or removed are allowed to stay in the host country, but without legal status. In some countries, such as Denmark and the Netherlands, rejected asylum-seekers who cannot be returned may receive some legal status, at least after a period of time, and often in the framework of complementary forms of protection. b. The right not to be expelled (non-refoulement) and arbitrarily detained Rejected Palestinian asylum-seekers usually hold temporarily suspended deportation orders. In the UK, Palestinians are treated as removable; if a negative asylum decision is issued, they will be removed as and when conditions permit. In Australia, Spain, Sweden and the US, rejected asylum-seekers may be kept in detention until deportation to the country of former habitual residence can be enforced. While in Spain, such detention may never exceed 40 days; in Australia and the US, persons, including children, may be held in custody indefinitely. Turkey, which has ratified the 1951 Convention but not the 1967 Protocol extending its application to non-European refugees, does not recognize the refugee status of non-European refugees, including Palestinian refugees. Palestinian refugees are thus unable to acquire legal status and residency rights. If found in Turkey, they are detained. If they cannot be deported, they are released with a document (“Article 23 Document”) valid for a period of two to three months that indicates that they must leave the territory after this period. This document does not guarantee any basic
Protection rights. If the refugee is again intercepted by Turkish authorities after the prescribed period, she or he will be detained once more and eventually released with the same temporary document. The result is that Palestinian refugees are pressured to move on to other neighbouring countries such as Greece. A small number of Palestinians have registered with UNHCR (approximately 80) and have received a provisional residence permit, provided they register with the authorities and reside in the cities to which they are assigned. Those recognized by the UNHCR are authorized to remain in Turkey until they are resettled. Palestinians can acquire legal status only if they marry a Turkish citizen or if they were hired by a Turkish company prior to their arrival. 4.6 International Protection Agencies and Mechanisms The international community currently recognizes no international agency as having an explicit mandate to protect 1948 and 1967 Palestinian refugees and internally displaced persons in Israel and the occupied Palestinian territory (OPT). A number of international organizations, however, have provided a limited degree of protection for Palestinian refugees over the past six decades. These include the ICRC, UNCCP, UNRWA, UNHCR, and the Office of the High Commissioner for Human Rights (OHCHR). However, none of these is currently searching for a durable solution. 4.6.1 International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is the main body responsible for promoting respect for international humanitarian law. Over the course of almost six decades of conflict in the Middle East, the ICRC has provided basic protection to Palestinian refugees in co-operation with the League of Red Crescent Societies and, more recently, the Palestinian Red Crescent Society (PRCS). Within its limited mandate, the ICRC sought to facilitate durable solutions for Palestinian refugees, following the mass displacement of Palestinians in 1948, and again in 1967. Since 1967, it has maintained a permanent presence in the occupied Palestinian territory. Under international humanitarian law, the parties to a conflict may appoint a “Protecting Power.” No Protecting Power has been appointed for the 1967-occupied Palestinian territory. In 1972, the ICRC offered to act as a substitute Protecting Power in the occupied Palestinian territory. However, Israel rejected the offer. ICRC protection, therefore, is limited to the extent that Israel is willing to co-operate. The ICRC intervenes with the Israeli authorities on special cases of family reunification and violations of humanitarian law (including Palestinian from Gaza wait to visit his relative in an Israeli jail, a visit facilitated by ICRC. © ICRC expropriation of land, deportation and house demolition). It also monitors conditions of detention, facilitates family visits to detainees in Israel and the occupied Palestinian territory, and provides training courses in international humanitarian law. During the 1948 war in Palestine, the ICRC focused on physical protection, prevention of forced displacement, tracing missing persons, family reunification, and facilitating the return of refugees to their places of origin. The 135
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1948 - 2008: 60 Years of the Palest
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1948 - 2008: 60 Years of the Palest
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Table of Contents Executive Summary
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Chapter Five: Politics and the Ques
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Executive Summary Palestinian refug
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Campaigns for boycott, divestment a
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6. Not to recognize the illegal sit
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Glossary Absentee A person who, at
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Jewish State A term used by Israel
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Refugee Office A sub-office establi
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Voluntariness The Wall and its Asso
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From the Nakba to the Present Day -
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1.1 Background Figure 1.1: Estimate
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1.2 From Mandate to Partition From
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In September 1947, the UN Special C
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Map 1.3: 1948 Depopulated Palestini
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1.4 Displacement after the 1948 War
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Both The Guardian and The London Ti
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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
Page 105 and 106: Assistance Table 3.1: Main sources
Page 107 and 108: UNRWA’s relationship with host go
Page 109 and 110: 3.2 Main Forms of Assistance - Deve
Page 111 and 112: Assistance Palestinian refugees in
Page 113 and 114: Assistance 2005, the Syrian governm
Page 115 and 116: In Syria, the government provided l
Page 117 and 118: UNRWA Funding Assistance UNRWA’s
Page 119 and 120: Assistance and equipment in schools
Page 121 and 122: Table 3.9: Summary of Emergency App
Page 123 and 124: Assistance 27 Luigi De Martino, “
Page 125 and 126: Assistance 78 Report of the Commiss
Page 127 and 128: Protection Chapter Four Israeli sol
Page 129 and 130: Protection Almost 60 years after th
Page 131 and 132: Protection While there is no formal
Page 133 and 134: Protection immediate return of all
Page 135 and 136: 2.2.2 The Right to Restitution Prot
Page 137 and 138: Protection It is clear from the phr
Page 139 and 140: Protection of All Forms of Racial D
Page 141 and 142: Protection Palestinian citizens. Fo
Page 143 and 144: ) The right to protection from pers
Page 145 and 146: Palestinian from the West Bank and
Page 147 and 148: Protection Investigations conducted
Page 149 and 150: Protection six months, unless they
Page 151 and 152: Protection Palestinian refugees in
Page 153 and 154: Protection Palestinian refugees in
Page 155: Protection In other countries, Arti
Page 159 and 160: 4.6.2 The United Nations Conciliati
Page 161 and 162: UNCCP activities related to restitu
Page 163 and 164: Table 4.2: Estimates of Palestinian
Page 165 and 166: Protection the occupied territory [
Page 167 and 168: Protection The UNHCR recognizes 194
Page 169 and 170: Protection the Rights of the Child
Page 171 and 172: Protection realization of the princ
Page 173 and 174: Protection Israel’s compliance wi
Page 175 and 176: Protection and Population Registry
Page 177 and 178: Protection Bank and to those who le
Page 179 and 180: Protection Right to Work in Lebanon
Page 181 and 182: Protection budget, see UNGAOR, 6th
Page 183 and 184: Protection 213 UNHCR, 2005 UNHCR St
Page 185 and 186: Al-’Aqaba, a Palestinian village
Page 187 and 188: 5.1 Refugees/IDPs and Peace Agreeme
Page 189 and 190: Politics and the Question of Palest
Page 195 and 196: The Road Map provides an ambiguous
Page 197 and 198: 5.3.7 The League of Arab States The
Page 201 and 202: Demonstration, London, 9 June 2007
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184 Survey of Palestinian Refugees
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BADIL Resource Center for Palestinian Residency and Refugee

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