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BADIL Resource Center for Palestinian Residency and Refugee

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Protection<br />

213 UNHCR, 2005 UNHCR Statistical Yearbook, pp. 448–9. See also Chapter Two.<br />

214 Executive Committee Conclusion No. 27 (XXXIII) – 1982, “Military Attacks on <strong>Refugee</strong> Camps <strong>and</strong> Settlements in Southern Africa<br />

<strong>and</strong> Elsewhere.”<br />

215 Executive Committee Conclusion No. 46 (XXXVIII) – 1987. See also Executive Committee Conclusion No. 50 (XXXIX) – 1988; Executive<br />

Committee Conclusion No. 55 (XL) – 1989; Executive Committee General Conclusion on International Protection (XLI) – 1990;<br />

Executive Committee General Conclusion on International Protection (XLII) – 1991; Executive Committee Conclusion No. 68 (XLIII)<br />

– 1992; <strong>and</strong> Executive Committee Conclusion No. 71 (XLIV) – 1993. These conclusions ceased after the Oslo process began in 1993,<br />

despite the continued protection gap affecting 1948 <strong>and</strong> 1967 <strong>Palestinian</strong> refugees.<br />

216 UNHCR, Protecting <strong>Palestinian</strong>s in Iraq <strong>and</strong> Seeking Humanitarian Solutions <strong>for</strong> Those Who Fled the Country, Aide-Memoire, UNHCR<br />

Geneva, December 2006, p. 1.<br />

217 The lack of in<strong>for</strong>mation about assistance <strong>and</strong> protection to <strong>Palestinian</strong> refugees fleeing Iraq is largely due to the difficulties of gaining<br />

accurate data in Iraq at present, as well as financial constraints.<br />

218 UNHCR, “<strong>Palestinian</strong>s in Iraq”, summary of what was said by the UNHCR spokesperson at the Palais des Nations press briefing in<br />

Geneva, 24 January 2007.<br />

219 UNHCR, “<strong>Palestinian</strong>s/Iraq”, summary of what was said by the UNHCR spokesperson at the Palais des Nations briefing in Geneva, 30<br />

January 2007.<br />

220 Human rights violations arising from Israeli military incursions into the Occupied <strong>Palestinian</strong> Territory, including the recent one in<br />

northern Gaza <strong>and</strong> the assault on Beit Hanoun, Human Rights Council Special Session Resolution S-3/1, 15 November 2006.<br />

221 UN, Report by the Special Rapporteur on Adequate Housing, Miloon Khotari, Commission on Human Rights, Fifty-ninth session<br />

(E/CN.4/2003/5), 10 June 2002, pp. 4–5.<br />

222 Question of the Violation of Human Rights in the Occupied Arab Territory, Including Palestine, Report of the Special Rapporteur of the<br />

Commission on Human Rights, John Dugard, on the Situation of Human Rights in the <strong>Palestinian</strong> Territory Occupied since 1967,<br />

Commission on Human Rights, Sixty-second session, E/CN.4/2006/29, 17 January 2006, p. 5, para. 2.<br />

223 Report of the Special Rapporteur on the Situation of Human rights in the <strong>Palestinian</strong> Territory Occupied Since 1967, Human Rights<br />

Council, A/HRC/2/5, 5 September 2006, p. 10.<br />

224 Concluding Observations of the Committee on Economic, Social <strong>and</strong> Cultural Rights: Israel, E/C.12/1/Add. 90, 23 May 2003, para.<br />

18.<br />

225 UN Committee on the Elimination of Racial Discrimination, Concluding Observations of the Committee on the Elimination of Racial<br />

Discrimination, Lebanon, CERD/C/64/CO/3, 28 April 2004, para. 12.<br />

226 UN Committee on the Rights of the Child, Concluding observations: Lebanon, CRC/C/LBN/CO/3, 8 June 2006.<br />

227 UN Committee on the Elimination of All Forms of Discrimination Against Women, Concluding Comments: Israel, CEDAW/C/ISR/<br />

CO/3, 22 July 2005, paras. 24, 34, 36, 38, 40.<br />

228 The monthly humanitarian update/monitor in 2006 used «UN Security Council resolutions, The Universal Declaration of Human Rights<br />

<strong>and</strong> international st<strong>and</strong>ard of humanitarian law (IHL) as the st<strong>and</strong>ard <strong>for</strong> monitoring. See <strong>for</strong> instance, OCHA Humanitarian Update,<br />

Access <strong>and</strong> Protection, Jerusalem: UN OCHA, August 2006, p.1.<br />

229 For statistics on the number of IDPs, see Internal Displacement, Global Overview of Trends <strong>and</strong> Developments in 2006, Norwegian <strong>Refugee</strong><br />

Council <strong>and</strong> Internal Displacement Monitoring Centre, April 2007, p. 9.<br />

230 The Inter-Agency Internal Displacement Division within OCHA has been established to promote a predictable <strong>and</strong> concerted response<br />

<strong>and</strong> assist country teams in the field to develop a clear action plan. OCHA is responsible <strong>for</strong> gaining access to IDPs <strong>and</strong> other vulnerable<br />

groups; collecting, analysing <strong>and</strong> disseminating IDP-relevant in<strong>for</strong>mation; supporting the development of the Common Humanitarian<br />

Action Plan <strong>and</strong> Consolidated Appeal, <strong>and</strong> ensuring the inclusion of IDP concerns therein; organizing <strong>and</strong> participating in inter-agency<br />

assessments; <strong>and</strong> convening co-ordination <strong>for</strong>ums.<br />

231 Only two agencies have a specific legal m<strong>and</strong>ate to carry out protection work: the UNHCR (at the UN level) <strong>and</strong> the ICRC. See The<br />

State of the World’s <strong>Refugee</strong>s 2005, Geneva: UNHCR, 2006, chapter 7, p. 169.<br />

232 At the local level, there should be a Humanitarian <strong>and</strong>/or Resident Co-ordinator (HC/RC) who strategically ensures protection <strong>and</strong><br />

assistance to IDPs. More specifically, some of the HC/RC responsibilities are to consult with national <strong>and</strong> local authorities in order to<br />

evaluate their capacity to respond to the needs of IDPs; suggest to government <strong>and</strong> local authorities the appointment of a focal point<br />

within their structures on issues of internal displacement; lead the process of full consultation between different agencies in order to<br />

establish a procedural road map so as to avoid gaps; oversee the implementation of the Action Plan by the country team; <strong>and</strong> emphasize<br />

protection.<br />

233 “Despite agreements on putting the Collaborative Approach into practice, the results failed to match expectations, marked as they were<br />

with large gaps in delivery of essential goods <strong>and</strong> services combined with some areas of duplication, <strong>and</strong> an ad hoc approach by the system<br />

as a whole to the level <strong>and</strong> comprehensiveness of response. In 2003, an IDP protection survey <strong>and</strong> response matrix found that there were<br />

systematic gaps in protection <strong>and</strong> some other sectors, that agencies took unilateral <strong>and</strong> m<strong>and</strong>ate-based decisions on their involvement<br />

<strong>and</strong> lacked accountability, <strong>and</strong> that Humanitarian Co-ordinators were not clear on their responsibilities or accountability to assess <strong>and</strong><br />

161

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