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Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007)
Endnotes
1 James Hathaway defines persecution as “the sustained or systemic failure of state protection in relation to one of the core entitlements
which has been recognised by the international community.” The Law of Refugee Status. Toronto: Butterworths, 1991, p. 112.
2 Convention Relating to the Status of Refugees (Refugee Convention), effective 22 April 1954, 28 July 1951, 189 UNTS 137.
3 It is now widely recognized that people in need of aid and protection in their own countries have claims on the international community
when their governments do not fulfil their responsibilities. UNHCR, The State of the World’s Refugees, 2006, p. 160.
4 Protocol Relating to the Status of Refugees, adopted 31 January 1967, 19 UST 6223, 606 UNTS 267 (entered into force 4 October
1967).
5 UN Doc. E/CN.4/1998/53/Add.2/1998.
6 Article 33 of the 1951 Refugee Convention prescribes that no refugee should be returned to any country where his or her life or freedom
would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. This
provision constitutes one of the basic Articles of the 1951 Refugee Convention, to which no reservations are permitted. The principle of
non-refoulement is broader than Article 33, and also encompasses non-refoulement prohibitions deriving from human rights obligations,
including Article 3 of the United Nations’ Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and Article 7 of the International Covenant on Civil and Political Rights.
7 Goodwin-Gill, Guy, The Refugee in International Law. 2nd ed. Oxford: Oxford Press, 1998, p. 221.
8 Guiding Principles on Internal Displacement, 1998, Principle 15.
9 Guiding Principles on Internal Displacement, 1998, Principle 1.
10 Handbook on Voluntary Repatriation: International Protection. Geneva: UNHCR, 1996, p. 10.
11 The Guiding Principles on Internal Displacement also reiterate the responsibility of competent authorities “to establish conditions, as well
as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places
of habitual residence, or to resettle voluntarily in another part of the country.” 1998, Principle 28.
12 Resettlement Handbook, Geneva: UNHCR, Chapter 2, p. 9.
13 Resettlement Handbook, Geneva: UNHCR, Chapter 2, p. 8.
14 Resettlement Handbook, Geneva: UNHCR, Chapter 1, p. 3.
15 Resettlement Handbook, Geneva: UNHCR, Chapter 2, p. 2. See also UNHCR, Framework for Durable Solutions for Refugees and Persons
of Concern. Core Group on Durable Solutions, Geneva, May 2003.
16 Conclusion on Voluntary Repatriation, UNHCR, Executive Committee, No. 40 (XXXVI), 1985; and Conclusion on Voluntary Repatriation,
UNHCR, Executive Committee, No. 18 (XXXI), 1980.
17 Resettlement Handbook, Geneva: UNHCR, Chapter 1, p. 12.
18 Handbook on Voluntary Repatriation: International Protection. Geneva: UNHCR, 1996, p. 5.
19 UNGA Resolution 194(III), 11 December 1948. UN Doc. A/810, at 21 (1948). The analysis of Resolution 194(III) is based on Rempel,
Terry, “UN General Assembly Resolution 194(III) and the Framework for Durable Solutions for 1948 Palestinian Refugees.” Paper
prepared for the BADIL Expert Forum, The Role of International Law in Peacemaking and Crafting Durable Solutions for Refugees,
22–23 May 2003, Ghent University, Department of Third World Studies.
20 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
21 Progress Report of the United Nations Mediator on Palestine, submitted to the Secretary General for Transmission to the Members of the
United Nations. UN GAOR, 3rd Sess., Supp. No. 11, UN Doc. A/648, 16 September 1948, Part One: The Mediation Effort, V. Refugees,
para. 8.
22 Letter and Memorandum dated 22 November 1949. Concerning Compensation, received by the Chairman of the Conciliation Commission
from Gordon R. Clapp, Chairman, United Nations Economic Survey Mission for the Middle East. UN Doc. W/32, 19 January 1950.
23 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
24 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
25 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
26 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
27 On deportation, see, e.g., UNSC Resolution 799 (1992), 18 December 1992; UNSC Resolution 726 (1992), 6 January 1992; UNSC
Resolution 694 (1991), 24 May 1991; UNSC Resolution 641 (1989), 30 August 1989; UNSC Resolution 636 (1989), 6 July 1989;
UNSC Resolution 608 (1988), 14 January 1988; UNSC Resolution 607 (1988) 5 January 1988; and UNGA Resolution 34/29, 16
November 1979.
28 In 1983, for instance, the United Nations convened an International Conference on the Question of Palestine in Geneva. Representatives
of 137 states attended. The Conference reiterated the obligation of all member states, under the Charter of the United Nations, to
facilitate “the implementation of the right of return of the Palestinians to their homes and properties.” “In the event of Israel’s persistent
non-compliance with the relevant United Nations resolutions which embody the will of the international community,” the Conference
called upon the UN Security Council to take “appropriate measures in accordance with the Charter of the United Nations, to ensure