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BADIL Resource Center for Palestinian Residency and Refugee

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154<br />

Survey of <strong>Palestinian</strong> <strong>Refugee</strong>s <strong>and</strong> Internally Displaced Persons (2006-2007)<br />

88 Pact of the League of Arab States, effective 10 May 1945, 22 March 1945, 70 UNTS, 248, 252. The 21 members of the League of Arab<br />

States are Algeria, Bahrain, Djibouti, Egypt, Jordan, Iraq, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi<br />

Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates <strong>and</strong> Yemen. The League comprises three main bodies: the Council of<br />

Ministers; the General Secretariat; <strong>and</strong> the Permanent Committees <strong>for</strong> each field of co-operation between members.<br />

89 Convention Governing the Specific Aspects of <strong>Refugee</strong> Problems in Africa (OAU Convention), effective 20 June 1974, 10 September 1969,<br />

1001 UNTS 1945, Article 1.<br />

90 These states include Algeria, Egypt, Libya, Mauritania, Sudan <strong>and</strong> Tunisia. According to UNHCR statistical reports <strong>for</strong> 2004, there<br />

were 4,000 <strong>Palestinian</strong> refugees of concern to UNHCR in Algeria, 70,200 in Egypt <strong>and</strong> 8,900 in Libya. Table of Estimated number of<br />

<strong>Palestinian</strong>s of Concern to UNHCR at the end of 2004, statistics provided by the UNHCR.<br />

91 Declaration on the Protection of <strong>Refugee</strong>s <strong>and</strong> Displaced Persons in the Arab World, The Group of Arab Experts, meeting in Cairo from 16–19<br />

November 1992 at the Fourth Arab Seminar on Asylum <strong>and</strong> <strong>Refugee</strong> Law in the Arab World, organized by the International Institute of<br />

Humanitarian Law in collaboration with the Faculty of Law of Cairo University, under the sponsorship of the UNHCR.<br />

92 Resolutions are based on proposals <strong>and</strong> suggestions submitted to the League by the permanent <strong>Palestinian</strong> representative, the General<br />

Administration <strong>for</strong> Palestine Affairs at the General Secretariat, <strong>and</strong> the Supervisory Council on <strong>Palestinian</strong> <strong>Refugee</strong>s Affairs in Arab host<br />

states.<br />

93 Protocol on the Treatment of <strong>Palestinian</strong>s, 11 September 1965 (Casablanca Protocol).<br />

94 Casablanca Protocol, Article 1. “Whilst retaining their <strong>Palestinian</strong> nationality, <strong>Palestinian</strong>s currently residing in the l<strong>and</strong> of […] have the<br />

right to employment on par with its citizens.”<br />

95 Casablanca Protocol, Article 2. “<strong>Palestinian</strong>s residing at the moment in […] in accordance with the dictates of their interests, have the<br />

right to leave <strong>and</strong> return to this state. Their right of entry only gives them the right to stay <strong>for</strong> the permitted period <strong>and</strong> <strong>for</strong> the purpose<br />

they entered <strong>for</strong>, so long as the authorities do not agree to the contrary.”<br />

96 Casablanca Protocol, Article 3. “<strong>Palestinian</strong>s residing in other Arab states have the right to enter the l<strong>and</strong> of […] <strong>and</strong> to depart from it, in<br />

accordance with their interests. Their right of entry only gives them the right to stay <strong>for</strong> the permitted period <strong>and</strong> <strong>for</strong> the purpose they<br />

entered <strong>for</strong>, so long as the authorities do not agree to the contrary.”<br />

97 Casablanca Protocol, Article 4. “<strong>Palestinian</strong>s who are at the moment in […] as well as those who were residing <strong>and</strong> left to the Diaspora,<br />

are given, upon request, valid travel documents. The concerned authorities must, wherever they be, issue these documents or review them<br />

without delay.”<br />

98 Casablanca Protocol, Article 5. “Bearers of the travel documents residing in LAS states receive the same treatment as all other LAS state<br />

citizens, regarding visa <strong>and</strong> residency applications.”<br />

99 For discussion, see Takkenberg, Lex, The Status of <strong>Palestinian</strong> <strong>Refugee</strong>s in International Law, Ox<strong>for</strong>d: Clarendon Press, 1998, p. 149.<br />

100 Co-operation Agreement between the League of Arab States <strong>and</strong> the UNHCR, 27 June 2000. (On file at <strong>BADIL</strong>.)<br />

101 The 1967-occupied <strong>Palestinian</strong> territory are included as an Arab host state due to the fact that <strong>Palestinian</strong> refugees residing there originate<br />

from areas inside the state of Israel. While there is no de jure international border, the 1949 armistice line (“Green Line”) constitutes a de<br />

facto international border between Israel <strong>and</strong> the occupied West Bank.<br />

102 Kuwait reserves the right to interpret Article 1 of the Protocol as excluding the right to conduct “private business” on par with Kuwaiti<br />

citizens. Lebanon reserves the right to interpret Article 1 of the Protocol in accordance with prevailing social <strong>and</strong> economic conditions<br />

in Lebanon, <strong>and</strong> the right of <strong>Palestinian</strong>s to maintain their nationality. It further reserves the right to interpret Article 2 with the added<br />

phrase “on equal terms with Lebanese citizens <strong>and</strong> in accordance with the laws <strong>and</strong> regulations in operation”; <strong>and</strong> Article 3 with the added<br />

phrases “whenever their interests dem<strong>and</strong> it” <strong>and</strong> “allowing <strong>Palestinian</strong>s into Lebanon is conditional upon their obtaining an entry visa<br />

issued by the concerned Lebanese authorities.” It has also submitted reservations on Articles 4 <strong>and</strong> 5. Libya submitted reservations to<br />

Article 1 “since dealing with <strong>Palestinian</strong> citizens in Libya is on par with <strong>and</strong> equal to dealing with other Arab citizens residing in Libya.”<br />

Shiblak, Abbas, The League of Arab States <strong>and</strong> <strong>Palestinian</strong> <strong>Refugee</strong>s’ <strong>Residency</strong> Rights. Monograph 11. Ramallah: <strong>Palestinian</strong> Diaspora <strong>and</strong><br />

<strong>Refugee</strong> Centre Shaml, 1998, pp. 35–36.<br />

103 Nationality Law (No. 6) (1954). Jordanian law, however, does not provide automatic citizenship to <strong>Palestinian</strong>s who took up residency<br />

in Jordan after 1954.<br />

104 Passport Law (No. 2) (1969). In 1968, Jordan issued ex-Gazans a one-year temporary passport, which serves as a residency card. At the<br />

beginning of the 1980s, the government issued a three-year passport to ex-Gazans. This regulation was revoked after the failure of the<br />

1985 Amman Agreement. In 1990, the government issued 80,000 two-year passports. More restrictive measures were introduced after the<br />

signing of a peace agreement between the PLO <strong>and</strong> Israel. See al-Abed, Oroub, Stateless Gazans: Temporary Passports in Jordan, unpublished<br />

manuscript on file at <strong>BADIL</strong>. It is estimated that 3% (approximately 150,000 persons) of the total refugee population in Jordan originates<br />

from the Gaza Strip. See Arneberg, Marie, Living Conditions Among <strong>Palestinian</strong> <strong>Refugee</strong>s <strong>and</strong> Displaced in Jordan. Oslo: FAFO, Institute<br />

<strong>for</strong> Applied Social Science, 1997, p. 16.<br />

105 On 1 June 1983, the Jordanian government created a dual card system to facilitate distinction between <strong>Palestinian</strong> citizens living in Jordan<br />

<strong>and</strong> <strong>Palestinian</strong>s living in the occupied West Bank. <strong>Palestinian</strong>s who were living in <strong>and</strong> citizens of Jordan on that date were provided with<br />

a yellow card, which represents full residency <strong>and</strong> citizenship status. Green cards were provided to <strong>Palestinian</strong>s living in the occupied West

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