BADIL Resource Center for Palestinian Residency and Refugee

158
Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007)
152 In Kuwait, see Law No. 74 (1979). Natour, Suheil, The Palestinians in Lebanon: New Restrictions on Property Ownership (2003), p. 20. In
Lebanon, see Decree No. 296 (2001). Jaber Suleiman, “Marginalised Community: The case of Palestinian Refugees in Lebanon”, United
Kingdom: Development Research Centre on Migration Globalisation and Poverty, April 2006, p. 18.
153 This section is based on Sondergaard, Elna, Closing Protection Gaps: Handbook on Protection of Palestinian Refugees in States Signatories to
the 1951 Refugee Convention, BADIL, August 2005.
154 Convention Relating to the Status of Stateless Persons (1954 Stateless Convention), effective 6 June 1960, Sept 28, 1954, 360 UNTS 117.
155 This survey draws on Akram, Susan M. and Goodwin Gill, Guy, Brief Amicus Curaie, Board of Immigration Appeals, Falls Church, Virginia,
published in 11/12 Palestine Yearbook of International Law (2000/2001), pp. 185–260; and Takkenberg, The Status of Palestinian
Refugees in International Law, Oxford: Clarendon Press, 1998, p. 16.
156 Under Article 1(C), refugee status ceases if the refugee (1) has voluntarily re-availed him- or herself of the protection of the country of his
or her nationality; (2) having lost his or her nationality, s/he has voluntarily re-acquired it; (3) s/he has acquired a new nationality, and
enjoys the protection of the country of his or her new nationality; (4) s/he has voluntarily re-established him- or herself in the country
which s/he left or outside which s/he remained owing to fear of persecution; or (5) s/he can no longer, because the circumstances in connection
with which s/he has been recognized as a refugee have ceased to exist, continue to refuse to avail him- or herself of the protection
of the country of his or her nationality.
157 See BADIL Handbook on Protection, pp. 336–343.
158 This may also include Mexico, Nigeria and South Africa, but the small numbers of cases do not permit assessment of application by
national authorities.
159 Israel rejected appeals by the ICRC to extend the time limit to enable the return of all refugees who wished to do so.
160 th International Review of the Red Cross – 10 Year, June 1967–June 1970, p. 449.
161 The United Nations has also recommended various types of monitoring activities in the 1967-occupied Palestinian territory to enhance
protection of the Palestinian population. Other UN organs have also addressed the issue of international protection for Palestinians. In
1987, at the beginning of the first intifada in the 1967-occupied Palestinian territory, the UN Security Council (Resolution 605, 22
December 1987) called upon the Secretary General to submit recommendations on the “ways and means for ensuring the safety and
protection of Palestinian civilians under Israeli occupation.” The recommendations specifically suggested that the UN Relief and Works
Agency (UNRWA) employ additional international staff; that the UN consider the appointment of an ombudsman for the occupied
Palestinian territory; and that the High Contracting Parties to the Fourth Geneva Convention use all means at their disposal to persuade
Israel to respect the Convention in all circumstances. In 1990, the UN Security Council (Resolution 681, 20 December 1990) requested
the Secretary General to monitor the situation of Palestinians under Israeli occupation and submit a tri-annual report to the General Assembly.
The initiative was suspended in 1991 at the request of the United States, which argued that the programme might interfere with
the political process started in Madrid in 1991. The UN General Assembly has also issued numerous resolutions calling for the protection
of Palestinian refugees and cessation of attacks on refugee camps.
162 ICRC statement sent by e-mail to BADIL, Ref. JER07E3110, ICRC Jerusalem, Wednesday, 9 May 2007.
163 ICRC, Annual Report 2004, ICRC: Geneva, p. 285.
164 ICRC activities in Israel and the occupied and autonomous territory: July 2006, Operational Update, 31 July 2006.
165 ICRC Annual Report 2005, 1 June 2006, p. 313.
166 Report of the United Nations Conciliation Commission for Palestine, 60th Report, A/61/172, 21 July 2006.
167 “Establishes a Conciliation Commission consisting of three States members of the United Nations which shall have the following functions:
(a) To assume, in so far as it considers necessary in existing circumstances, the functions given to the United Nations Mediator on
Palestine by resolution 186 (S-2) of the General Assembly of 14 May 1948; (b) To carry out the specific functions and directives given to
it by the present resolution and such additional functions and directives as may be given to it by the General Assembly or by the Security
Council; (c) To undertake, upon the request of the Security Council, any of the functions now assigned to the United Nations Mediator
on Palestine or to the United Nations Truce Commission by resolutions of the Security Council; upon such request to the Conciliation
Commission by the Security Council with respect to all the remaining functions of the United Nations Mediator on Palestine under
Security Council resolutions, the office of the Mediator shall be terminated.” UNGA Resolution 194(III), 11 December 1948, para. 2.
168 UNGA Resolution 194(III), 11 December 1948, para. 11.
169 UNGA Resolution 394(V), 14 December 1950, A/RES/394(V), para. 2(c).
170 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
171 The General Assembly rejected several amendments to Paragraph 11 intended to both limit and expand the functions of the Commis-
sion.
172 United Nations General Progress Report and Supplementary Report of the United Nations Conciliation Commission for Palestine, Covering the
period from 23 January to 19 November 1951, A/1985, 20 November 1951, paras. 79 and 87. See Parvathaneni, Harish, “UNRWA’s Role
in Protecting Palestine Refugees.” Working Paper No. 9, Bethlehem: BADIL Resource Center for Palestinian Residency and Refugee
Rights, December 2004, p. 15.
173 See UNGA Resolution 394(V), 14 December 1950 and UNGA Resolution 512(VI), 26 January 1952. On the reduction in the UNCCP