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The United Nations and Middle East Refugees THE UNITED NATIONS AND MIDDLE EAST REFUGEES: THE DIFFERING TREATMENT OF PALESTINIANS AND JEWS by STANLEY A. URMAN A dissertation submitted to the Graduate School-Newark Rutgers, The State University of New Jersey in partial fulfillment of the requirements for the degree of Doctor of Philosophy written under the direction of Prof. Norman Samuels approved by Prof. Yale H. Ferguson Prof. Richard Langhorne Prof. Carlos Seiglie Newark, New Jersey May 2010 ii © 2010 Stanley A. Urman ALL RIGHTS RESERVED ii i ABSTRACT THE UNITED NATIONS AND MIDDLE EAST REFUGEES: THE DIFFERING TREATMENT OF PALESTINIANS AND JEWS By STANLEY A. URMAN Dissertation Director: Prof. Norman Samuels Rationale Over the past century, the Arab-Israeli conflict has dominated Middle East affairs. The ultimate and inevitable victims of these years of strife have been the people of the region who were uprooted from their homes and displaced. Two populations of refugees emerged – Palestinians from mandated Palestine and Jews from Arab countries - both groups recognized as bone fide refugees by the relevant UN Agencies. The UN, through statute and precedent, has developed international standards and mechanisms for the protection, resettlement and rehabilitation of refugees around the world. This dissertation will examine whether there was any anomaly in the way the UN responded to these two different Middle East refugee populations. Methods To determine whether, in fact, such an anomaly existed, research was conducted, among other places, at the following sites: • Archives at the UN Headquarters ( New York and Geneva); • Archives of the UNHCR Headquarters (Geneva); • U.S. National Archives and Records Administration (College Park, MD); i ii • National Archives of Canada (Ottawa); • World Jewish Congress Archives (New York and Jerusalem); • American Jewish Committee Archives (New York); and • Central Zionist Archives (Jerusalem). The following archival records were reviewed and analyzed: 1) Resolutions of the UN General Assembly and Security Council; 2) Transcripts of UN General Assembly and Security Council proceedings; 3) Transcripts of UNRWA and UNHCR proceedings; 4) Bi-lateral and Multilateral Treaties; Agreements and Proceedings of Multinational Entities (e.g. Quartet, Arab League; etc.); and 5) Books, Memoirs of Statesmen on Middle East Affairs, Articles. Results Extensive research into voting patterns and UN meeting transcripts reveal that the UN did accord differential treatment to Palestinian refugees, by every measure, including, among others: UN resolutions; UN Agency involvement; and financial support. Conclusion This dissertation will attempt to answer, among others, the following questions: Why would the UN react so differently towards Palestinian and Jewish refugees? Is all this a case study in the uniqueness of the Jews? Or in UN bias? Or collusion by Arab states; or in how a seemingly objective international organization can be is subverted politically? ii iii PREFACE It is a challenge to examine, and report, on Middle East events with dispassion. Longstanding, deep-seeded persuasions and animosities exist on both sides that have polarized nations and peoples around the world. To the residents of the Middle East, these are not only issues of principle but, often matters of life and death. This dissertation has attempted to report, honestly, on the respective positions of both sides, as they are proffered by Israeli and Palestinian officials and documents. No attempt is made to reconcile contradictions between and among the differing and often conflicting historical, demographic and legal perspectives provided by both sides. Completing such an in-depth study is not accomplished in a vacuum. I am grateful to S. Daniel Abraham, Founder of the Center for Middle East Peace and Economic Cooperation, who first asked me to examine the issue of Jewish refugees from Arab countries. I will forever be indebted to my Thesis Director, Prof. Norman Samuels of Rutgers University. It is he who provided me with encouragement and support when it seemed that my Ph.D. program might fall by the wayside. During the laborious process of writing this dissertation, his good- natured prodding motivated me, and his incisive comments kept me on course. If this research has any utility for the whole question of Middle East refugees, and refugee claims, that have emerged at the forefront of the peace process, then it is due to the views and opinions of experts from whose knowledge and expertise I have drawn. Prof. Irwin Cotler, a trusted friend and mentor, has challenged me to make the case and cause for Middle East refugees with honesty and integrity. Prof. David Matas, a valued colleague, has iii iv generously offered his astute, legal insights with clarity and conviction. I was privileged to have co-authored with both of them, a 2007 Report entitled: Jewish Refugees from Arab Countries: The Case for Rights and Redress. As the Report was compiled from papers that each of us wrote, only those sections that I personally researched and penned are utilized in this dissertation. Invaluable assistance was provided by Prof. Henry Green, of The University of Miami, whose discerning eye and invaluable feedback , ensured that this dissertation would be ‘academe-ready.’ I will be eternally grateful to my wife Fran for her unfailing support and positive encouragement. During the years that it took me to complete this Ph.D. program, Fran nurtured me – both physically and spiritually - and I am blessed to have her as a part of my life. Much appreciation goes to my colleague Shelomo Alfassa who accepted the unenviable and arduous task of editing this manuscript. He did so with dedication and skill. Lastly, and most importantly, this dissertation is dedicated to Prof. Dafna (Nundy) Izraeli of Bar Ilan University (Israel) who, unfortunately, passed away in 2003. Nundy was the one who initially challenged me to embark upon my Ph.D. program. It was a challenge I could not refuse as Nundy did not accept indifference, nor mediocrity. She was an accomplished academic who also explored the spiritual side of life. Her righteousness and loving family values still inspire me to-day. Much of the credit for this dissertation belongs to all those noted above. The responsibility for any errors or omissions is solely mine. Stanley A. Urman March 26, 2010 iv v CONTENTS PREFACE iii LIST OF TABLES vii ABBREVIATIONS viii CHAPTER 1: INTERNATIONAL REFUGEE LAW AND PRACTICE 1 CHAPTER 2: MIDDLE EAST REFUGEES 14 A) Palestinian Refugees B) Jewish Refugees C) Comparisons and Contrasts CHAPTER 3: REFUGEE LOSSES AND COMPENSATION 105 A) Palestinian Refugees B) Jewish Refugees C) Comparisons and Contrasts CHAPTER 4: UNITED NATIONS AND MIDDLE EAST REFUGEES 117 A) Mandate B) Security Council C) General Assembly D) Economic and Social Council E) Human Rights Commission F) Other UN Agencies v vi G) Allocation of UN Resources to Middle East Refugees CHAPTER 5: PROVISION OF SERVICES TO MIDDLE EAST REFUGEES 189 A) United Nations Refugees Works Agency B) United Nations High Commissioner for Refugees C) Comparisons and Contrasts CHAPTER 6: DIFFERENTIAL U.N. TREATMENT OF PALESTINIAN AND JEWISH REFUGEES: WHY? 241 ***** WORKS CITED 275 ATTACHMENT A: Security Council Resolutions on the Middle East (pdf.) ATTACHMENT B: General Assembly Resolutions on the Middle East (pdf.) ATTACHMENT C: UN Voting Record: Resolutions on Palestinian Refugees (pdf.) vi vii LIST OF TABLES Table 1. Estimates of Refugees According to Areas of Arrival 1948-1949 20 Table 2. Number of refugees and their current place of residence 21 Table 3. Refugees' First Choice For The Exercise Of The Right Of Return 39 Table 4. Historical Jewish Presence in the Region 42 Table 5. Displacement of Jews from Arab Countries 1948-2005 47 Table 6. UN SC Resolutions on Middle East Refugees 124 Table 7. UN GA Resolutions on Middle East Refugees 127 Table 8. Total UN SC & GA Resolutions on Middle East Refugees 130 Table 9. “Analysis of Resolutions on Pale. refugees adopted by the UN GA in 2005” 150 Table 10. “Analysis of Resolutions on Pale. refugees adopted by the UN GA in 2006” 151 Table 11. “Analysis of Resolutions on Pale. refugees adopted by the UN GA in 2007” 152 Table 12. “Analysis of Resolutions on Pale. refugees adopted by the UN GA in 2008” 153 Table 13. “Analysis of Resolutions on Pale. refugees adopted by the UN GA in 2009” 154 Table 14. UN HR Commission/Council Resolutions – By Topic – 1968-2009 172 Table 15. Palestinian refugees residing in countries in the region 195 Table 16. UN Consolidated Inter-Agency Appeal for Humanitarian Assistance 235 Table 17. UNRWA Refugees & Budget: 1998-2008 237 Table 18. Commonalities between Palestinian and Jewish refugees 243 Table 19. Contrasts between UNRWA and UNHCR 244 Table 20. Contrasts between Palestinian Refugees and Jewish Refugees 245 vii viii ABBREVIATIONS AJY - American Jewish Yearbook CHR – Commission of Human Rights CPRS - Center for Palestine Research and Studies ECOSOC – Economic and Social Council IGCR - Intergovernmental Committee on Refugees ILO – International Labour Organization IPCRI - Israel/Palestine Center for Research and Information IRO - International Refugee Organization OHCHR - Office of the High Commissioner for Human Rights OHCR - Office of the High Commissioner for Refugees OAS - Organization of American States PAPP – Programme of Assistance to Palestinian People PLO – Palestine Liberation Organization UAR – United Arab Republic UDHR – Universal Declaration of Human Rights UN – United Nations UNCCP -
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