29.12.2012 Views

BADIL Resource Center for Palestinian Residency and Refugee

BADIL Resource Center for Palestinian Residency and Refugee

BADIL Resource Center for Palestinian Residency and Refugee

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

156<br />

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

the Director of the United Nations Relief <strong>and</strong> Works Agency <strong>for</strong> Palestine <strong>Refugee</strong>s in the Near East, covering the period 1 July 1951–30 June<br />

1952. UN GAOR, 7th Sess., Supp. No. 13 (A/2171), 30 June 1952. <strong>Palestinian</strong> refugees displaced in 1948 hold Jordanian citizenship<br />

<strong>and</strong> have the same right to employment as Jordanian nationals. The Iraqi government upgraded the status of <strong>Palestinian</strong> refugees vis-à-vis<br />

public sector employment in 1965, except with regard to retirement benefits (Decision 15108 (1964)). Since 1969, <strong>Palestinian</strong> refugees<br />

employed in the public sector have received retirement benefits (Decree No. 336 (1969)). <strong>Palestinian</strong> <strong>Refugee</strong>s in Iraq. Jerusalem: PLO<br />

<strong>Refugee</strong> Affairs Department, 1999. (On file at <strong>BADIL</strong>.)<br />

123 There are an estimated 40,000 unregistered <strong>Palestinian</strong> refugees in Syria. In addition, there are an estimated 15,000 additional <strong>Palestinian</strong><br />

refugees who entered Syria, primarily from Jordan <strong>and</strong> Lebanon in the 1970s, <strong>and</strong> from Kuwait in the early 1990s. Jacobsen, Laurie<br />

Blome, Finding Means, UNRWA’s Financial Crisis <strong>and</strong> <strong>Refugee</strong> Living Conditions. Volume I: Socio-economic Situation of <strong>Palestinian</strong> <strong>Refugee</strong>s<br />

in Jordan, Lebanon, Syria <strong>and</strong> the West Bank <strong>and</strong> Gaza Strip. Oslo: FAFO, Institute <strong>for</strong> Applied Social Science, 2003, p. 198. <strong>Palestinian</strong><br />

refugees who entered Jordan during or immediately after 1967 must obtain approval from state security officials be<strong>for</strong>e they can take up<br />

employment. al-Abed, Oroub, Stateless Gazans: Temporary Passports in Jordan, unpublished manuscript on file at <strong>BADIL</strong>. al-Abed cites a<br />

figure of 150,000 Gazans in Jordan.<br />

124 Law No. 48 (1978). During the early years of exile in Egypt, <strong>Palestinian</strong> refugees were <strong>for</strong>bidden to work <strong>for</strong> or without wages, based on<br />

the assumption that refugees would soon return to their homes of origin, <strong>and</strong> because of the serious unemployment situation in Egypt.<br />

Egyptian President Gamal Abdel Nasser introduced more favourable employment laws in 1954 <strong>and</strong> 1962. For further discussion <strong>and</strong><br />

relevant legislation, see Br<strong>and</strong>, Laurie, <strong>Palestinian</strong>s in the Arab World, Institution Building <strong>and</strong> the Search <strong>for</strong> State. New York: Columbia<br />

University Press, 1988 , pp. 52 –53. The present restrictions on employment in professions were put in place after the death of Egyptian<br />

President Gamal Abdel Nasser. al-Abed, Oroub, The <strong>Palestinian</strong>s in Egypt: An Investigation of Livelihoods <strong>and</strong> Coping Strategies. Cairo:<br />

Forced Migration Studies Program, American University of Cairo, 2003, p. 8.<br />

125 <strong>Palestinian</strong>s working in the private sector do not have to pay a work permit fee, <strong>and</strong> their employers are exempt from the obligation to<br />

submit a request to the Head of the Central Department <strong>for</strong> Regulation of Recruitment. Moreover, <strong>Palestinian</strong>s with an Egyptian mother,<br />

or married to an Egyptian, or residing in Egypt <strong>for</strong> five years have preferential treatment. They are exempted from work permit fees, do<br />

not have to provide certificates stating previous experience, <strong>and</strong> their permits are automatically renewed (other <strong>Palestinian</strong>s may have their<br />

permits renewed <strong>for</strong> only 1 or 2 years, after an initial period of 3 years).<br />

126 Certain kinds of employment are barred to <strong>for</strong>eign workers, including work in export <strong>and</strong> customs clearance, <strong>and</strong> tourism work such<br />

as guiding <strong>and</strong> belly dancing. Foreigners are also not allowed to work as lawyers. However, <strong>Palestinian</strong>s are exempted from these restrictions.<br />

127 Some <strong>Palestinian</strong>s are exempted from this condition: these include <strong>Palestinian</strong> men who have been married to an Egyptian woman <strong>for</strong> at<br />

least five years, or have children with her; <strong>Palestinian</strong> women married to Egyptian nationals, provided that the marital relation is ongoing;<br />

business owners or partners <strong>and</strong> their children; any <strong>Palestinian</strong> widow once married to an Egyptian; any <strong>Palestinian</strong> woman divorced from<br />

an Egyptian national, who has children by him; any child of an Egyptian woman whose <strong>Palestinian</strong> husb<strong>and</strong> has died, left the marriage,<br />

or the country.<br />

128 The Law Regarding Entry to, <strong>Residency</strong> in <strong>and</strong> Exit from Lebanon (1962) prohibits non-citizens from engaging in work in Lebanon without<br />

a license from the Ministry of Labour <strong>and</strong> Social Affairs. Also see Law No. 17561 (1964) as amended by Decision No. 289/2 (1982) <strong>and</strong><br />

Decision No. 621/1 (1995). Under the 1969 Cairo Agreement between the PLO <strong>and</strong> the Lebanese government, <strong>Palestinian</strong> refugees were<br />

accorded the right to work; this agreement was unilaterally abrogated by the Lebanese parliament in 1987. For an overview of the situation<br />

in Lebanon, see Natour, Suheil “The Legal Status of <strong>Palestinian</strong>s in Lebanon,” Journal of <strong>Refugee</strong> Studies 3, 1997. The government<br />

of Kuwait maintains strict control over <strong>for</strong>eign employment. Employers must obtain work permits <strong>for</strong> <strong>for</strong>eign employees through the<br />

Ministry of the Interior or the Ministry of Social Affairs <strong>and</strong> Labour. Lex Takkenberg, The Status of <strong>Palestinian</strong> <strong>Refugee</strong>s in International<br />

Law, Ox<strong>for</strong>d: Clarendon Press, 1998, pp. 158–59.<br />

129 Kuwait reserves the right to exclude <strong>Palestinian</strong> refugees from employment in private business on a par with Kuwaiti citizens.<br />

130 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, p. 36.<br />

131 Shiblak, Abbas, The League of Arab States <strong>and</strong> <strong>Palestinian</strong> <strong>Refugee</strong>s’ <strong>Residency</strong> Rights, 1998, p. 36.<br />

132 Jaber Suleiman, “Marginalised Community: The case of <strong>Palestinian</strong> <strong>Refugee</strong>s in Lebanon,” United Kingdom: Development Research<br />

Centre on Migration Globalisation <strong>and</strong> Poverty, April 2006, pp. 15–16. Law Regarding Entry to, <strong>Residency</strong> in <strong>and</strong> Exit from Lebanon<br />

(1962). The law prohibits non-Lebanese persons from engaging in work in Lebanon without a license from the Ministry of Labour <strong>and</strong><br />

Social Affairs. Also see Law No. 17561 (1964) as amended by Decision No. 289/2 (1982) <strong>and</strong> Decision No. 621/1 (1995).<br />

133 Decree No. 621/1 (1995). For a list of these professions, see Aasheim, Petter, “The <strong>Palestinian</strong> <strong>Refugee</strong>s <strong>and</strong> the Right to Work in Lebanon,”<br />

Graduate Thesis, Faculty of Law, University of Lund (September 2000). (On file at <strong>BADIL</strong>.) Some refugees may receive special<br />

exemption under the law. This includes persons who have resided in Lebanon since birth, who are of Lebanese origin in cases of mixed<br />

marriages, or who are married to a Lebanese woman.<br />

134 Law No. 8/79 (1970). Also see Decree No. 1658 (1979), which permits <strong>for</strong>eigners to practice medicine, pharmacy <strong>and</strong> engineering if<br />

they are nationals of states that apply reciprocal treatment to Lebanese nationals. see Aasheim, Petter, “The <strong>Palestinian</strong> <strong>Refugee</strong>s <strong>and</strong> the

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!