BADIL Resource Center for Palestinian Residency and Refugee

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38 Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007) Jerusalem: Office for the Co-ordination of Humanitarian Affairs (OCHA), June/July 2006, p. 2. See also “Israel’s Assault on the Gaza Strip, 08:00 27 June – 8:00 22 November 2006,” Special Report, Ramallah: Negotiations Affairs Department, Palestinian Monitoring Group, 23 November 2006, p. 1. See also UNRWA Emergency Appeal 2007, p. 12. 106 “The ideological motive is rooted in a policy decision establishing that a demographic balance must be maintained in the city at a ratio of 70% Jews to 30% Palestinians.... A municipal paper prepared by the Planning Policy Division in 1977 states, “One of the cornerstones of Jerusalem’s planning process is... the preservation of the demographic balance between the ethnic groups.” Magalit, Meir, No Place Like Home, House Demolitions in East Jerusalem, Jerusalem: The Israeli Committee Against House Demolitions, March 2007, pp. 5, 28. 107 These laws and military orders include: the 1943 Land (Acquisition for Public Purposes) Law; 1967 Military Order No. 59 (Government Properties); 1969 Military Order No. 364 (Government Properties) Amendment No. 4; 1953 Jordanian Land Law (Acquisition for Public Needs) as amended by 1969 Military Order No. 321 (Concerning the Lands Law – Acquisition for Public Needs); 1981 Military Order No. 949 (Concerning the Lands Law – Acquisition for Public Needs); 1967 Military Order No. 25 (Transactions in Real Property); 1974 Military Order 569 (Registration of Special Transactions in Land); and 1983 Military Order 1060 (Law on Registration of Unregistered Immovable Property) Amendment No. 2. 108 It is estimated that as of the beginning of 2001, Israel had acquired control of 79% of the land in the 1967-OPT. Passia Diary 2001, Jerusalem: Palestinian Academic Society for the Study of International Affairs (PASSIA), 2001, p. 257. “Estimates place the proportion of Palestinian land confiscated by Israel at more than 70% of the West Bank and 33% of Palestinian land in East Jerusalem has been confiscated, and all but 7–8% of the area has been closed to Palestinian construction.” Economic, Social and Cultural Rights, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari, Addendum, Report of visit to the OPT, 5–10 January 2002, UN Doc. E/CN.4/2003/5/Add.1, 10 June 2002, at paras. 10–15. This number also includes the 349km² confiscated as a result of the construction of the Wall. Data compiled from the 2003, 2004 and 2004 Survey on the Impact of the Expansion and Annexation Wall on the Socio-Economic Conditions of Palestinian Localities which the Wall Passes Through. Ramallah: Palestinian Central Bureau of Statistics. Also see Land Grab: Israel’s Settlement Policy in the West Bank. Jerusalem: B’tselem, The Israeli Information Center for Human Rights in the Occupied Territory, 2002. 109 Outposts are colonies that have not yet been recognized by the Israeli government. They are usually the work of settlers who take upon themselves to establish a new colony. See “Special Report on the 59th Anniversary of the Nakba”, Ramallah: Palestinian Central Bureau of Statistics (PCBS), 10 May 2006, p. 6. See also “The West Bank – Facts and Figures”, Peace Now, June 2006. 110 In 2006, Israel began the construction of 3,500 new units in Nof Adumim. A police station has been built on the location of the new E1 colony. The Defense Minister has also approved the expansion of the colonies of Givat Ze’ev, Oranit and Betar Illit. PLO. “Barrier to Peace: Assessment of Israel’s Revised Wall Route,” Ramallah: PLO Negotiations Affairs Department, updated February 2007, p. 1. 111 “Barrier to Peace: Assessment of Israel’s Revised Wall Route,” p. 5. 112 “The West Bank – Facts and Figures,” Peace Now, June 2006. 113 “Barrier to Peace: Assessment of Israel’s Revised Wall Route”, pp. 5–6. 114 Compiled data from “Monthly Summary of Israeli Violations,” Ramallah: Negotiations Affairs Department, Palestinian Monitoring Group, from January to December 2006. 115 Letter dated 12 July 1985 from the Acting Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, by the Secretary-General, General Assembly and Security Council A/40/480 S/17340, 12 July 1985. 116 Settlers have also poisoned the grazing land of their animals on repeated occasions, killing sheep and goats and contaminating water wells and aquifers. Means of Expulsion: Violence, Harassment and Lawlessness against Palestinians in the the Southern Hebron Hills, Jerusalem: B’Tselem, July 2005, p. 23. 117 Means of Expulsion: Violence, Harassment and Lawlessness against Palestinians in the Southern Hebron Hills, p. 39. 118 “In more than 90% of cases monitored by Yesh Din, where investigations of settler violence were conducted, the case was closed without any indictment. The failure rose to 100% in cases involving property offenses.” World Bank Technical Team, “Movement and Access Restrictions in the West Bank: Uncertainty and Inefficiency in the Palestinian Economy”, Executive Summary, 6 May 2007, para. 18. 119 World Bank Technical Team, “Movement and Access Restrictions in the West Bank: Uncertainty and Inefficiency in the Palestinian Economy”, Executive Summary, 6 May 2007, para. 18. 120 In some regions, the Wall is a concrete wall of approximately 8–9 metres high (more than twice the height of the Berlin Wall) with watchtowers and sniper positions every 300 metres, while in other regions it is an electric fence approximately 3–5 metres high with a buffer zone, trenches, barbed wires, sensors and cameras. A military order issued in September 2004 widened the buffer zone to 150–200 metres on the occupied West Bank side of the Wall and prohibited construction there. Humanitarian and Emergency Policy Group (HEPG), “The Impact of Israel’s Separation Barrier on Affected West Bank Communities,” compiled by the UN Office for the Co-ordination of Humanitarian Affairs (OCHA) and the UN Relief and Work Agency (UNRWA), Update No. 5, 2005, p. 5, para. 17. 121 “The Impact of Israel’s Separation Barrier on Affected West Bank Communities,” p. 3, para. 1.
From the Nakba to the Present Day – Ongoing Displacement 122 “Barrier to Peace: Assessment of Israel’s Revised Wall Route,” p. 1. 123 2 th Four dunums = 1,000 m or 1000 dunums = 1 km². “Special Report on the 59 Anniversary of the Nakba,” PCBS, p. 6. 124 th “Special Report on the 59 Anniversary of the Nakba,” PCBS, p. 6. 125 “Barrier to Peace: Assessment of Israel’s Revised Wall Route,” p. 5. 126 “Question of the Violation of Human Rights in the Occupied Arab Territory, Including Palestine,” Report of the Special Rapporteur of the Commission on Human Rights, John Dugard, on the Situation of Human Rights in the Palestinian Territory Occupied since 1967, Commission on Human Rights, Sixty-second session, E/CN.4/2006/29, 17 January 2006, p. 5, para. 2. 127 Compilation of data from the Survey on the “Impact of the Annexation and Expansion Wall on the Socio-economic Conditions of Palestinian Localities which the Wall Passes Through”, Ramallah: Palestinian Central Bureau of Statistics, 2003–2005. 128 The permits for the closed zone are green (and are referred to as “green permits”), and residents usually have to renew them every six months. Green permits are also necessary for another 12 categories of visitor, including students, health workers, teachers, merchants and international workers. More specifically, each gate generally requires a specific permit, and some gates are open to Palestinians, while others are not. Travel is also subject to respective gate hours; gates usually open three times a day for approximately one hour at a time, and at the will of soldiers, who can refuse passage to permit-holders. Some gates open only at arbitrary times and in some cases not at all. 129 Israel Defense Force, “Declaration Concerning Closing an Area no. S/2/03 (Seam Zone),” Order Regarding Security Regulations (Judea and Samaria), No. 378, 5730–1970, 2 October 2003. The permits are usually granted based on security considerations, but recently, proof of land ownership has been required, and permits have been rejected on the grounds that applicants lack clear title to the land. “Report of the Special Rapporteur of the Commission on Human Rights,” John Dugard, p. 9, para. 17. “UNRWA monitoring indicates that permit eligibility has become increasingly dependent on proof of ownership of land as opposed to security considerations.” See Report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, 1 July 2004–30 June 2005. UN GAOR, Sixtieth Session, Supp. No. 13 (A/60/13), 2005, para. 241, p. 56. 130 A survey undertaken by UNRWA and OCHA of 57 communities located close to the Wall revealed that 60% of farming families no longer had access to their land west of the Wall. “Barrier Stops Palestinian Accessing Land,” Special Focus, Jerusalem: OCHA, November 2006, p. 1. 131 “Palestinians residing in IDF[Israeli Defense Force]-declared ‘Closed Areas’ face an uncertain future in terms of their personal and land status,” Preliminary Analysis of the Humanitarian Implications of the April 2006 Barrier Projections, Update 5, Jerusalem: OCHA, April 2006, p. 3. 132 Abu El Haj, Tarek, “The Impact of the Barrier”, Geneva: Graduate Institute of Development Studies, 2006, p. 4. 133 “Report of the Special Rapporteur of the Commission on Human Rights,” John Dugard, p. 12, para. 32. 134 “Once the Wall is complete, some 20,000 Jerusalem ID holders living in Shu’fat refugee camp and the neighbourhoods of Ras Khamis, Ras Shehadeh and Dahiyat as Salaam will be forced to pass through a Wall gate in order to access the city. This will likely minimize the already meagre Jeursalem municipal services provided to a significant number of residents.... Access to vital services, such as health and education, will be increasingly difficult. These residents fear that following these new developments, including the treatment of their neighbourhoods as non-Jerusalem areas, the likelihood of their being able to maintain their status as Jerusalem ID holders – and thus their ability to access the city – will be jeopardized.” “Creating a Semi-enclave: Focus on Anata, Jerusalem Governorate,” Special Report, Ramallah: Negotiations Affairs Department, Palestinian Monitoring Group, 15 June 2006, p. 3. 135 “Under the Pretext of Security: Colonization and Displacement in the Occupied Jordan Valley,” Ramallah, Negotiations Affairs Department, Palestinian Monitoring Group, July 2006, p. 10. 136 Only Palestinians registered as residents of the northern Jordan Valley, those with a work permit for the colonies, and Jericho ID holders with a “West Bank checkpoint permit” are allowed unrestricted access to the Valley. All other Palestinians require a special access permit, including landowners residing outside the Jordan Valley. Permits are issued for daytime stay only, while travel on parts of Road 90 (the main road in the Jordan Valley) is also prohibited to Palestinians. “Humanitarian Update on the Jordan Valley,” Special Focus: The Jordan Valley, Jerusalem: OCHA, October 2005, p. 1. 137 Ministry of Civil Affairs, Jericho (District Co-ordinating Liaison – DCL), which obtained the figures from the Palestinian Ministry of Interior, Jericho; cited in “Under the Pretext of Security: Colonization and Displacement in the Occupied Jordan Valley,” p. 10. 138 “The causes of population transfer can be dramatic, or subtle and insidious. Transfer can be carried out en masse, or as ‘lowintensity transfers’ affecting a population gradually or incrementally.” See The Human Rights Dimensions of Population Transfer, including the Implantation of Settlers, Preliminary Report prepared by A.S. al-Khawasneh and R. Hatano. Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities, Forty-fifth Session 2–27 August 1993, Item 8 of the provisional agenda, E/CN.4/Sub.2/1993/17, 6 July 1993, at paras. 15, 17 and 32. 139 See Jonathan Cook, On the Margins: Annual Review of Human Rights Violations of the Arab Palestinian Minority in Israel in 2005, Nazareth: Arab Association for Human Rights, June 2006, p. 7. 140 Two institutions work together to manage land in Israel: the Israeli Land Administration (ILA) and the Jewish National Fund (JNF). The JNF owns about 17% of land in Israel, while another 76% of the land has been nationalized and is held as “state land”. The ILA manages both state land and land owned by the JNF. See Jonathan Cook, On the Margins, p. 17. 39
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1948 - 2008: 60 Years of the Palest
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1948 - 2008: 60 Years of the Palest
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Table of Contents Executive Summary
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Chapter Five: Politics and the Ques
Page 9 and 10: Executive Summary Palestinian refug
Page 11 and 12: Campaigns for boycott, divestment a
Page 13 and 14: 6. Not to recognize the illegal sit
Page 15 and 16: Glossary Absentee A person who, at
Page 17 and 18: Jewish State A term used by Israel
Page 19 and 20: Refugee Office A sub-office establi
Page 21 and 22: Voluntariness The Wall and its Asso
Page 23 and 24: From the Nakba to the Present Day -
Page 25 and 26: 1.1 Background Figure 1.1: Estimate
Page 27 and 28: 1.2 From Mandate to Partition From
Page 31 and 32: In September 1947, the UN Special C
Page 33 and 34: Map 1.3: 1948 Depopulated Palestini
Page 35 and 36: 1.4 Displacement after the 1948 War
Page 37 and 38: Both The Guardian and The London Ti
Page 47 and 48: Al-Tanaf refugee camp at the Syrian
Page 59: From the Nakba to the Present Day -
Page 63 and 64: Chapter Two ‘Aida refugee camp, o
Page 65 and 66: 2.1 Background Population Numbers,
Page 67 and 68: Population Numbers, Distribution an
Page 69 and 70: 2.2 Distribution Population Numbers
Page 71 and 72: Figure 2.3: Estimates of the Number
Page 73 and 74: Table 2.4: Registered Refugees in O
Page 77 and 78: Map 2.1: Palestinian refugee commun
Page 79 and 80: Table 2.7: Distribution of Palestin
Page 89 and 90: (hospitals and medical centres). Im
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Page 99 and 100: Assistance Chapter Three UNRWA Food
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Page 105 and 106: Assistance Table 3.1: Main sources
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Assistance Palestinian refugees in
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Assistance 2005, the Syrian governm
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In Syria, the government provided l
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UNRWA Funding Assistance UNRWA’s
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Assistance and equipment in schools
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Table 3.9: Summary of Emergency App
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Assistance 27 Luigi De Martino, “
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Assistance 78 Report of the Commiss
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Protection Chapter Four Israeli sol
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Protection Almost 60 years after th
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Protection While there is no formal
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Protection immediate return of all
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2.2.2 The Right to Restitution Prot
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Protection It is clear from the phr
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Protection of All Forms of Racial D
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Protection Palestinian citizens. Fo
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) The right to protection from pers
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Palestinian from the West Bank and
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Protection Investigations conducted
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Protection six months, unless they
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Protection Palestinian refugees in
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Protection Palestinian refugees in
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Protection In other countries, Arti
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Protection rights. If the refugee i
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4.6.2 The United Nations Conciliati
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UNCCP activities related to restitu
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Table 4.2: Estimates of Palestinian
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Protection the occupied territory [
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Protection The UNHCR recognizes 194
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Protection the Rights of the Child
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Protection realization of the princ
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Protection Israel’s compliance wi
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Protection and Population Registry
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Protection Bank and to those who le
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Protection Right to Work in Lebanon
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Protection budget, see UNGAOR, 6th
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Protection 213 UNHCR, 2005 UNHCR St
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Al-’Aqaba, a Palestinian village
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5.1 Refugees/IDPs and Peace Agreeme
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Politics and the Question of Palest
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The Road Map provides an ambiguous
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5.3.7 The League of Arab States The
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Demonstration, London, 9 June 2007
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184 Survey of Palestinian Refugees
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