issue 26 August 2006

Palestinian displacement: a case apart?

Published by the Refugee Studies Centre in association with the Norwegian Refugee Council.

Forced Migration Review Corinne Owen from Forced Migration Review provides a forum for the regular exchange of practical the experience, information and ideas between researchers, refugees and internally editors displaced people, and those who work with them. It is published in English, This issue of FMR was planned long before the humanitarian crisis which has Spanish, Arabic and French by the Refugee displaced 20% of the Lebanese population. Articles look beyond the current events Studies Centre, University of Oxford. to what most international observers regard as the root causes of conflict and displacement in the Middle East. The protracted nature of the displacement, the Editors complexity of the means used to dispossess Palestinians and the apparent double Marion Couldrey & Dr Tim Morris standards of the international community do indeed make this a case apart. From high points in the West Bank it is possible to see across Israel/Palestine Editorial Assistant – from the Dead Sea to the Mediterranean. The articles in this issue discuss how Musab Hayatli displacement from this tiny sliver of land has had and continues to have far-reaching global consequences. The great majority of the seven million Palestinian refugees still Assistant live within 100km of the borders of Israel, the West Bank and the Gaza Strip where Sharon Ellis their homes of origin are located. They are refugees because Israel – committed to a permanent Jewish majority and granting citizenship to any member of the Jewish diaspora – denies Palestinians their basic human right to return to their homes of Forced Migration Review origin. Palestinians may be the world’s largest refugee population, yet hardly any of Refugee Studies Centre them register on the global refugee tally kept by UNHCR as their initial displacement Department of International Development predates the 1951 Geneva Convention and the establishment of the refugee agency. 3 Mansfield Road, Oxford OX1 3TB, UK Email: [email protected] The fact that the Palestinian refugee crisis continues to fester represents perhaps Tel/fax: +44 (0)1865 280700 the gravest failure of the UN since its foundation. The international community Skype: fmreview has not exerted sufficient political will to advance durable solutions consistent with international law and Security Council resolutions requiring Israel to withdraw Copyright and disclaimer from occupied Palestinian territory. Durable solutions for displaced Palestinians Opinions in FMR do not necessarily reflect the have been discussed without reference to the legal norms applied in other refugee views of the Editors or the Refugee Studies Centre cases. Refugee rights, entitlements to compensation or restitution and the rights or the Norwegian Refugee Council. Any FMR print to protection of those Palestinians living under continued military occupation were or online material may be freely reproduced, not central to the now-moribund Oslo peace process – nor are they part of the provided that acknowledgement is given to the source and, where possible, the FMR URL and/or subsequent US-sponsored ‘Performance-Based Roadmap to a Permanent Two- the article-specific URL. We welcome comments State Solution’. In the absence of progress towards a durable solution, creeping on the content and layout of FMR – please email, annexation continues unchecked. Upon completion of Israel’s Wall, Palestinians in write or use the form on our homepage. the West Bank and Gaza Strip will be restricted to a series of non-contiguous enclaves which constitute an eighth of the area of historic Palestine. Despite pro-democracy Website rhetoric, Western response to the internationally-validated Palestinian legislative www.fmreview.org elections in January 2006 has sparked a politically-induced crisis and crippled the Palestinian economy. Ordinary Palestinians are suffering as donors freeze funding Designed by required to maintain humanitarian assistance and development programmes. Art24 (www.art-24.co.uk) It has been considerably harder than usual to raise funds for this FMR – even before the Lebanon emergency. We are therefore all the more grateful Printed by for financial support from the A M Qattan Foundation, DanChurchAid, Interpal, Jews for Justice for Palestinians, Norwegian Ministry of Foreign Affairs, Save Lazergraphic (PVT) Ltd, Sri Lanka the Children (UK), the Sir Joseph Hotung Programme on Law, Human Rights and Peace Building in the Middle East, the Sultan of Oman, the UN Relief and ISSN 1460-9819 Works Agency for Palestine Refugees (UNRWA) and the Welfare Association.

Front cover photo: We owe a debt of gratitude to all the authors, especially those who found time to write for us and consider our editing suggestions whilst responding to humanitarian The eight-metre-high concrete Wall surrounds the West Bank town of Qalqilya. crises in Gaza and Lebanon. This issue – and the funding which has enabled us to Paul Jeffrey/ACT International get this copy to you – would not have been possible without assistance from Jennifer Loewenstein, Abbas Shiblak, Angela Godfrey-Goldstein and Elizabeth Cabal.

Free CD-ROM: The theme of the next issue of FMR – to be published in English in November – will be ‘Sexual violence in conflict and beyond’. The April 2007 issue will include Regular readers of FMR a feature section on ‘Strengthening Southern protection and assistance capacity’. will receive, with this issue, a See www.fmreview.org/forthcoming.htm. We would welcome articles on Lebanon. Guide to International Human Rights Mechanisms for IDPs and their Advocates, Some of you may be receiving FMR for the first time. We publish in English, Arabic, courtesy of the Brookings-Bern Project on Spanish and French. If you would like to receive future issues – or to receive more Internal Displacement. For more copies, copies – please contact us (using details opposite or the form on the back cover). email [email protected]

With our best wishes

Marion Couldrey and Tim Morris Editors, Forced Migration Review contents

Breaking the cycle of violence Palestinian displacement by Lucy Nusseibeh...... 40

Letter from the editors...... 2 Civil society responds to protection gap by Vivienne Jackson...... 42 Lebanon: civilians pay the price Tomas C Archer...... 4 European aid to vulnerable Palestinians by Daniela Cavini...... 44 Who are Palestinian refugees? by Terry M Rempel...... 5 Reparations for Palestinian refugees by Lena El-Malak...... 46 Stateless Palestinians by Abbas Shiblak ...... 8 The politics of Palestinian refugee participation by Juliette Abu-Iyun and Nora Lester Murad...... 47 UNRWA: assisting Palestine refugees in a challenging environment Negotiating checkpoints in Palestine by Greta Gunnarsdóttir...... 10 by Sheerin Al Araj...... 49 Palestinian refugees in Lebanon Policing thought on Palestine...... 50 by Sherif Elsayed-Ali...... 13 What future for young Palestinians in Jordan? No freedom, no future: undocumented Palestinian by Jason Hart...... 51 refugees in Lebanon by Cynthia Petrigh...... 15 General articles Immobile Palestinians: ongoing plight of Gazans in Jordan by Oroub el Abed...... 17 Clarifying local integration by Sarah Meyer...... 52 Is Gaza still occupied territory? by Iain Scobbie...... 18 UNHCR’s observations to the High-Level Dialogue on International Migration and Development...... 53 Can Palestinian refugees in Iraq find protection? by Gabriela Wengert and Michelle Alfaro...... 19 Mediterranean migration: the need for a comprehensive response Territorial fragmentation of the West Bank by Erika Feller...... 54 by David Shearer...... 22 The false panacea of offshore deterrence Identity and movement control in the OPT by James C Hathaway...... 56 by Jennifer Loewenstein...... 24 Rule of law in Sudan’s Three Areas ‘Quiet transfer’ in East Jerusalem nears completion by Sebastien Gouraud...... 58 by Elodie Guego...... 26 Right to education in South Darfur The message of the bulldozers by Katherine Reid...... 60 by Jeff Halper ...... 28 Burundi: sliding off the humanitarian radar screen? Just a wall? by Tom Delrue...... 62 by Tim Morris...... 30 Strengthening the voices of refugees in UNHCR planning Wall mitigation efforts: legal and practical tensions by Leslie Groves...... 64 by Chareen Stark ...... 31 UNHCR: protection and contemporary needs Emergency assistance for farmers affected by the Wall by Bill Clarance...... 66 by Saed Essawi and Emily Ardell ...... 32 Sardar Sarovar injustices Impressions from a visit to Palestine by Rekha Oleschak...... 68 by Julian Gore-Booth...... 34 The challenges of internal displacement in West Africa Democratic choice punished by the Brookings-Bern Project on Internal Displacement...... 69 by Ibrahim Hewitt...... 35 Justice for Colombian IDPs? Can the IDP label be used in Israel/Palestine? by Arild Birkenes, Norwegian Refugee Council...... 70 by Dina Abou Samra and Greta Zeender ...... 37 Internal displacement in 2005 The Bedouin of the Negev: a forgotten minority by the Internal Displacement Monitoring Centre...... 71 by Kathrin Koeller...... 38 Back cover...... 72  PALESTINIAN DISPLACEMENT FMR 26 Lebanon: civilians pay the price by Tomas C Archer

As this issue of FMR goes to print, thousands of Most importantly, it is vital now – if the ceasefire is to be sustainable IDPs and refugees are heading home following – to support intensive diplomatic the announcement of the UN-brokered ceasefire efforts to tackle the root causes of which came into force on 14 August. conflict in the Middle East. “The backdrop to this sudden escalation Some 1,110 people in Lebanon, after the destruction of the main of conflict is six years of diplomatic mostly civilians, and 156 Israelis, roads and bridges leading south. neglect,” says Gareth Evans of the including 116 soldiers, have been International Crisis Group.3 “Today, killed in the conflict that flared up NRC echoes Human Rights Watch’s the region – and most of all the after Hizbollah captured two Israeli call for an international investigation Lebanese, Palestinian and Israeli soldiers on 12 July. Approximately of documented instances of violations peoples – are paying the price.” 900,000 Lebanese – out of a total of international human rights and population of less than four million humanitarian law by both Israel Tomas C Archer is Secretary – have been internally displaced. and Hezbollah [see box]. Human General of the Norwegian Refugee IDPs have sought refuge in schools, Rights Watch’s research1 shows that Council www.nrc.no/engindex. public buildings and parks, and with Israeli forces consistently launched htm Email c/o: [email protected] host families. Eighty-eight schools in artillery and air attacks with limited Beirut alone have been converted into or dubious military gain but excessive shelters with up to five families living civilian cost. The organisation also Human Rights Watch has urged in each classroom. Many have fled to documented systematic violations of the UN Human Rights Council to: relatives in safer areas north of Beirut. international humanitarian law by Some families became separated Hezbollah, including deliberate and n request the UN Secretary- during flight, and are still searching indiscriminate firing of thousands of General to establish an for information about their family rockets into civilian areas of Israel. International Commission of members’ whereabouts and safety. Inquiry to investigate violations NRC’s country office in Beirut will of international human rights The Norwegian Refugee Council has focus on developing programmes and humanitarian law by joined many international agencies in education, rehabilitation, all parties to the conflict such as the International Committee reconstruction, distribution of non- of the Red Cross (ICRC) in deploring food items and the provision of n call for all parties to the fact that civilians have been information, counselling and legal ensure safe passage for the main victims in the conflict assistance. In the coming months, a humanitarian relief and for between Israel and Hezbollah – and large number of people will remain humanitarian evacuations criticising the lack of respect shown displaced due to damaged houses by both sides for the rules governing and the collapse of infrastructure n call for all parties to protect the conduct of hostilities, such as in the affected areas. As people civilians from arbitrary the distinction between military start to return, one of the dangers displacement, to ensure the objectives and civilian persons and they will face is that of unexploded physical safety and material objects. After recent incidents where ordnance. The Mines Advisory well-being of all those Lebanese Red Cross ambulances Group – a British-based conflict displaced by the current have been hit and medical staff recovery organisation2 – estimates conflict, and to establish killed, the ICRC has urged medical that around 10% of the 4,000 conditions that allow them ICRC workers missions to be respected and has explosive items dropped daily in to return voluntarily, in safety pass boxes of aid underlined the urgency of gaining Lebanon will fail to explode, posing and dignity, to their homes supplies intended humanitarian access to towns a serious threat to civilians. for southern and villages in southern Lebanon. n insist that all parties cooperate Lebanon across the Litani river, Access to Tyre by sea, for example, NRC is gravely concerned about the with and provide access to 8 August 2006. has become particularly urgent safety and humanitarian situation of the four special rapporteurs those displaced and other civilians of the Human Rights Council who are trapped in areas outside who have announced plans to the reach of aid agencies and who travel to Lebanon and Israel. may remain exposed to violence. NRC has called for assurances of safe Full statement at www.hrw.org/english/ passage for humanitarian convoys docs/2006/08/11/lebano13967.htm to deliver supplies to people in need and is also seconding staff to UN 1. www.hrw.org/ agencies through its emergency 2. www.mag.org.uk/ standby force NORSTAFF. 3. www.crisisgroup.org/ ICRC/Marko Kokic/lb-e-00180 ICRC/Marko FMR 26 PALESTINIAN DISPLACEMENT  Who are Palestinian refugees? by Terry M Rempel

Three-quarters of the Palestinian people are displaced. “By far the most protracted and Approximately one in three refugees worldwide is largest of all refugee problems in the Palestinian. More than half are displaced outside world today is that of the Palestine refugees, whose plight dates back the borders of their historic homeland. 57 years. The UN General Assembly’s Resolution 181 of November 1947 Despite international recognition n While voluntary repatriation recommending the partition of of the gravity of the problem, remains in principle and in practice Palestine led to armed clashes there remains a considerable lack the primary durable solution between Arabs and Jews. The conflict, of popular knowledge and/or for refugees worldwide, Israel which lasted from November 1947 to misinformation about the world’s – as the state of origin for the July 1949, led to the expulsion or flight largest refugee population. A recent majority of the refugees – and of some 750,000-900,000 people study of TV news coverage of the key members of the international from Palestine, the vast majority of Israeli-Palestinian conflict in the UK community, including the them Arabs. The General Assembly’s discovered that most British viewers US and the European Union, subsequent Resolution 194 of were unaware that Palestinians were continue to view host country December 1948 stating that those uprooted from their homes and land integration and resettlement as ‘refugees wishing to return to their when Israel was established in 1948. the primary durable solutions homes and live in peace with their for Palestinian refugees. neighbours should be permitted to Many of those familiar with the do so at the earliest practicable date, Palestinian case tend, as the authors Palestinians and Israelis both make and that compensation should be paid of a working paper developed by claims about the uniqueness of for the property of those choosing the Refugee Studies Centre for the Palestinian refugees. Many Israelis, not to return and for loss or damage UK Department of International for example, claim that the separate to property,’ was never implemented. Development (DFID) noted, “to regime established for Palestinian Israel refused to allow the repatriation see them as a case apart from other refugees (combined with the of Arab refugees, most of whose refugees in the region and, indeed, the reluctance of Arab host states to villages had been destroyed.” global context generally.”2 This can be resettle the refugees who cannot “UNHCR’s mandate does not extend ascribed, in part, to the contentious exercise their right of return) prevents to the majority of Palestinian refugees debate that envelops this refugee a solution to the long-standing by virtue of Paragraph 7 (c) of the question, particularly the right of refugee problem. Palestinians argue organization’s Statute which excludes return. It is also due to the unique that while the UN continues to affirm, persons who continue to receive from aspects of Palestinian displacement: in principle, the right of Palestinian other organs or agencies of the United refugees to return to their homes of Nations protection or assistance. n The UN General Assembly origin, member states have failed A similar provision excludes these Resolution 181 of 1947 to muster the political and material refugees from the scope of the recommending the partition of resources that have made refugee 1951 UN Refugee Convention.” Mandate Palestine into two states return possible in other contexts. contributed to the initial forced displacement of Palestinians. The State of the World’s Refugees Root causes of displacement 2006, UNHCR Chapter 51 n The universally-accepted definition of a ‘refugee’ – Article Israelis and Palestinians, generally 1A (2) of the 1951 Convention speaking, do not agree on the root The rival nature of Israeli and relating to the Status of Refugees causes of Palestinian displacement. Palestinian narratives can be – does not apply to the majority Many Israelis argue that Palestinians explained, in large part, by concerns of Palestinian refugees. fled during the 1948 war on orders about future refugee claims. Many of Arab commanders or that the Israeli Jews, for example, worry that n The UN established separate mass displacement of the local Arab an Israeli admission of responsibility international agencies (UNCCP population was simply, in the words will strengthen Palestinian demands and UNRWA – see below) to of Israeli historian Benny Morris, for a right of return and for provide protection and assistance the unfortunate by-product of a housing and property restitution. and to seek durable solutions war foisted upon the new Jewish Nevertheless, archival research by for this refugee population state. Palestinians, on the other Israeli historians like Morris, Tom based on principles elaborated hand, describe 1948 as the Nakba Segev, Avi Shlaim and Ilan Pappe has in relevant UN resolutions. (catastrophe) during which they were tended to affirm central tenets of the expelled by Israeli military forces Palestinian narrative of the 1948 war n Most Palestinians today are both and fled in fear, hoping to return to previously documented by Palestinian refugees and stateless persons. their homes once hostilities ceased. researchers such as Qustantin Zurayk,  PALESTINIAN DISPLACEMENT FMR 26

‘Arif al-‘Arif and Walid Khalidi and first generation refugees – those carry out its mandate in the context of in the oral testimonies of Palestinians actually displaced in 1948 and in a protracted conflict. The Commission who lived through the war. 1967 – Palestinians advocated an reached the conclusion that it was inclusive or expanded definition unable to fulfill its mandate due to Historical records – corroborated by that included children and spouses the lack of international political will. UN and Red Cross archives – paint of refugees, and others in refugee- Today it has no budget and no staff. a picture of military practices that like conditions, including those were, at best, questionable under deported from the OPT by Israel, Most Palestinian refugees fall under existing principles governing persons who were abroad at the time the scope of Article 1D of the 1951 the laws of war. Just before his of hostilities and unable to return, Refugee Convention, which was assassination by Jewish extremists in individuals whose residency rights inserted during the drafting process September 1948, Count Folke of the Convention to address Bernadotte, the UN Mediator there is no comprehensive the specific circumstances of for Palestine, reported Palestinian refugees. This took “large-scale pillaging and definition of a Palestinian refugee note of the fact that the UN had plundering, and instances of already set up specific agencies to destruction of villages without Israel revoked and those who were protect and assist this refugee group. apparent military necessity.” Even not displaced but had lost access Only those Palestinians displaced for so, Pappe writes that the existence of to their means of livelihood. the first time after 1967 fall within a master plan to expel Palestinians the scope of Article 1A (2) of the is irrelevant: what mattered was This disagreement is exacerbated Convention because they are not “the formulation of an ideological by the fact that there is no covered by the mandate of another community, in which every member, comprehensive definition of a UN agency. Nevertheless, Article 1D whether a newcomer or a veteran, Palestinian refugee. The most of the 1951 Refugee Convention is knows only too well that they commonly cited definition is that commonly misapplied in Palestinian have to contribute to a recognised used by the UN Relief and Works asylum cases around the world. formula: the only way to fulfill the Agency for Palestine Refugees in dream of Zionism is to empty the the Near East (UNRWA), the UN land of its indigenous population.” agency set up in 1949 – two years How many refugees are there? prior to the formation of UNHCR While the displacement of – to provide relief and assistance Not surprisingly, Israelis and Palestinians from the West Bank to the refugees in the West Bank, Palestinians fail to agree on the and Gaza Strip during and after the Gaza Strip, Jordan, Lebanon and number of Palestinian refugees. 1967 war can be ascribed to a similar Syria. Unlike Article 1A (2) of the This is further complicated by pattern of violations, the debate about 1951 Refugee Convention, however, lack of a universally-accepted why Palestinians fled in subsequent the UNRWA definition merely refugee definition, a comprehensive wars is arguably less contentious establishes criteria for assistance – it registration system and frequent because prospective remedies does not define refugee status. A UN migration. But it also relates to – e.g. return to the 1967 Occupied initiative in the 1980s to issue identity security and political concerns Palestinian Territories (OPT) – do not cards to all refugees, irrespective of in host countries like Jordan and challenge the sovereignty and nature whether or not they were recipients Lebanon, fears about repatriation of Israel as a Jewish state. That is not of international aid, failed due to the in the country of origin (Israel) and to say that Israelis and Palestinians lack of cooperation among host states. international concerns about capacity agree on remedies for refugees from to deliver services and the impact the 1967 war and those displaced In the early 1950s, the UN on humanitarian aid budgets and by nearly 40 years of military Conciliation Commission for Palestine to asylum claims. This explains the occupation. Israel’s quarrel with the (UNCCP), which was established vast discrepancy in estimates of the July 2004 Advisory Opinion of the by General Assembly Resolution Palestinian refugee population. International Court of Justice on the 194(III) to facilitate a solution to all legal implications of the construction aspects of the 1948 conflict, prepared Israeli and Palestinian estimates of of the 650km-long wall/barrier in a working definition of a Palestine the total numbers of Palestinians the West Bank underscores the refugee to identify those persons displaced in 1948 range from a depth of disagreement between in need of international protection. low of several hundred thousand the two parties. The definition would have covered upwards to nearly a million. The total all persons displaced in Palestine numbers of Palestinians displaced during the 1948 war irrespective of for the first time from the 1967 Who is a refugee? ethnic, national or religious origins. OPT range from just over 100,000 In light of the intractable differences to nearly 300,000. Demographic Israelis and Palestinians also do not between Israel, the Arab states studies that compare the size of agree on who is a Palestinian refugee. and the Palestinians, however, the the pre-war Palestinian population During numerous negotiation Commission’s protection mandate to the number of Palestinians that sessions in the 1990s the parties failed was greatly reduced and the remained after the end of both wars to achieve consensus on a refugee definition was never adopted. The tend to confirm estimates in the definition. While Israel argued for UN failed to provide the UNCCP higher range. Some estimate that a narrow definition restricted to with the machinery or resources to FMR 26 PALESTINIAN DISPLACEMENT  around 20,000 Palestinians were – it is estimated that up to three- of a unique solution. International displaced per annum after 1967. quarters of the Palestinian people law and the voices of refugees have been displaced since 1948. The themselves have been marginalised, Academic studies and popular Bethlehem-based BADIL Resource if not excluded, by this approach. media often cite UNRWA registration Centre for Palestinian Residency figures as the total size of the and Refugee Rights7 estimates Above all, the Palestinian refugee Palestinian refugee population. the total number of displaced case is contentious because of the Latest UNRWA figures cite a total Palestinians to be over seven million. degree to which it poses a challenge Palestinian refugee population of to what Barbara Harrell-Bond refers 4.25 million (Jordan 1.78m; Gaza to as the “tidy system of sovereign 0.96m; West Bank 0.68m; Syria Approaches to the Palestinian states.” She argues that refugees 0.42m; and Lebanon 0.4m).3 While refugee question represent “a fundamental challenge to UNRWA registration data provides sovereignty, by forcing international a basic starting point, agency data There have been only two periods of actors to consider ethical principles excludes: 1948 refugees who did not official negotiations on the Palestinian and issues of fundamental human register or meet UNRWA’s eligibility refugee issue: early UN-facilitated rights, which are part of their requirements; 1967 refugees; those negotiations in Lausanne (1949) and international obligations.” At the displaced after 1967; and IDPs. Paris (1951) and more recent talks heart of this challenge is the question UNRWA registration files for IDPs held under the auspices of the Oslo of how to respect the individual inside Israel became inactive in 1952 peace process. The latter include the rights of Palestinian refugees in the Quadripartite context of Israel’s collective demand talks (1990s) to maintain its Jewish majority. to resolve the question of This is not just a theoretical or 1967 refugees legal question. It is also about and US-guided fundamentally different Israeli bilateral talks and Palestinian conceptions in Camp of the conflict and its solution. David (2000) “How to overcome this abyss,” followed by writes American Professor of a short round International Law Richard Falk, “is in Taba (2001) a challenge that should haunt the addressing the political imagination of all those question of genuinely committed to finding a 1948 refugees. just and sustainable reconciliation All three sets of between Israel and Palestine.” talks were elite- driven – with Terry Rempel was a founding only minimal member of BADIL where he was input from civil Coordinator of Information and

Paul Jeffrey/ACT International Jeffrey/ACT Paul society – and Research between 1998 and 2004. ended without An independent consultant, he is a solution. completing a PhD at the University of Exeter. Email: t.rempel@exeter. and it is yet unclear if UNRWA will Beginning in the 1990s Palestinian ac.uk. A longer version of this be asked to assume responsibility refugees began organising article, containing more detailed for new IDPs in the OPT. popular conferences, workshops endnote references, is online at: and demonstrations demanding www.fmreview.org/pdf/rempel.pdf. Additional sources of information recognition of their rights and a more For further information, see: www. include UNHCR statistics for inclusive process. Recent research badil.org/Refugees/refugees.htm Palestinian refugees outside the five has begun to examine places like UNRWA areas of operation and in Bosnia for the problem of abandoned 1. www.unhcr.org/cgi-bin/texis/vtx/publ/opendoc. htm?tbl=PUBL&id=4444d3c92f need of international protection, property laws, Guatemala for the 2. www.rsc.ox.ac.uk/PDFs/Policy%20Approach 4 government statistical surveys, experience of refugee participation, es%20to%20Refugees%20and%20IDPs%20RSC- independent demographic studies and South Africa for truth and DFID%20Vol%20II.pdf (carried out by organisations such reconciliation. Some refugees 3. www.un.org/unrwa/publications/pdf/rr_ countryandarea.pdf as FAFO Institute for Applied Social travelled to places as close as Cyprus 4. Complicated by the fact that some states do not 5 Science ) and civil society estimates and Bosnia and as far away as South recognise ‘Palestinian’ as a category. (such as those by Civitas6). Assuming Africa to see if anything could be 5. www.fafo.no/ais/middeast/palestinianrefugees/ a broad definition descriptive of learned from other refugee cases index.htm the scope of displacement and the and pursuit of claims for property 6. www.civitas-online.org 7. www.badil.org 8 number of potential claimants – i.e. restitution. Official approaches to 8. See www.badil.org/Campaign/Study_Tours/study- not necessarily all persons in need of find permanent solutions nonetheless tours.htm. and www.fmreview.org/FMRpdfs/FMR16/ day-to-day protection and including still tend to view this refugee fmr16.14.pdf 1948, 1967 and post-1967 refugees group as unique and thus in need  PALESTINIAN DISPLACEMENT FMR 26 Stateless Palestinians by Abbas Shiblak

Palestinians are the largest stateless community country (Israel) to host states. Two in the world. Statelessness has dominated and main principles – set out in an Arab League protocol signed in Casablanca shaped the lives of four generations of Palestinian in 19651 – have determined the refugees since their exodus in 1948. treatment of Palestinian refugees in host Arab states: granting Palestinian One of the main objectives of the non-Jewish population to return to refugees full citizenship rights Zionist scheme in Palestine was their homes while endorsing the right – but denying them naturalisation eradication of Palestine from the of any Jew – regardless of place of – and issuing them with Refugee map, both as a political entity and origin – to unrestricted immigration Travel Documents (RTD) in order a basis of nationality. Today more and automatic citizenship. to maintain their refugee status. than half of the eight million or so Palestinians are considered to be Similar policies were pursued The pan-Arab national brotherhood de jure stateless persons. These fall following occupation of the of the 1950s and 1960s has faded broadly into three categories: West Bank in 1967. In defiance of away, to be replaced by a self-centred international law, Israel considers agenda of fragmented, sub-national n holders of the ‘Refugee Travel all Palestinians inhabitants of the states and narrow interests. Syria Document’ (RTD) issued by occupied Palestinian territory is the only country that upholds its Syria, Lebanon, Egypt, Iraq and (OPT) as non-citizens and foreign commitment. Some states, including some other Arab countries residents. The 250,000 Palestinians Lebanon and Saudi Arabia, expressed who happened to be outside the reservations in 1965 and have showed n holders of nationalities of OPT when they were occupied no interest in applying the Protocol. convenience – mainly temporary were not allowed to return. Israeli Egypt, once fully committed, has Jordanian passports military rule (the ironically-named effectively withdrawn from the Civil Administration) issued a Protocol.2 On more than one occasion n holders of the Palestinian series of orders withdrawing IDs rifts between the leadership of the passport issued by the Palestinian from thousands of Palestinians as Palestine Liberation Organisation and Authority (PA) which is a result of the expiry of exit visas Arab governments have resulted in considered as a travel document they were required to obtain each collective punishments being imposed pending formation of a fully- time they travelled abroad. Israel’s on ordinary Palestinians. Palestinians fledged Palestinian state. illegal annexation of East Jerusalem were expelled en masse from Kuwait in 1967 and the Golan Heights in in 1991 and from Libya in 1995. All persons legally resident and 1981 led to the application of Israeli Palestinians in Iraq have recently had registered, born or naturalised in civil legislation in these occupied to endure acts of vengeance including Palestine under the British Mandate territories. Their residents found killings, evacuation and deportation. (1919-1948) were British Protected themselves declared to be permanent Persons, holders of British (Palestine) residents – but not citizens – of Israel. Institutional discrimination against passports. Citizenship in both The Israeli Ministry of the Interior has Palestinian refugees in Arab Jewish and Arab states – proposed complete discretion over approval countries has had a devastating by the Partition Plan set out in UN of citizenship applications. Israel impact on the lives and well-being Res. 181 in 1947 – was meant to be has employed a 1974 regulation of entire communities. The legal granted to all inhabitants. However, as a ‘legal’ instrument to deprive status, residency and civil rights of when Britain promptly ended its many Jerusalemite Arabs of their Palestinian communities in the Arab mandate on 15 May 1948, it was IDs and residency rights if they World are increasingly uncertain, left to the successor state, Israel, to are absent from the city for more particularly in Lebanon and Egypt determine entitlement to nationality. than seven years, have acquired where they are denied rights to secure other citizenship or been granted residency, employment, property, Israeli policy has been, and still is, is permanent residency rights communal interaction and family to reduce the number of Palestinian elsewhere. This can only be described unification. Procedures to allow non- Arabs while increasing the number of as administrative ‘ethnic cleansing’. residents to apply for naturalisation Jewish immigrants, who, it must be in Lebanon, Egypt and Saudi Arabia remembered, were the minority, even do not apply to stateless Palestinians. in the areas originally demarcated for Arab policies maintain the Jewish State under the Partition status quo Palestinian refugees in Jordan, Plan. To ensure Judaisation, Israel the largest community in any of issued three laws within four years Arab governments have consistently the host countries, have Jordanian of its foundation: the Absentees’ focused on keeping alive the issue nationality but are denied equal Property Law, the Law of Return and of Palestinian displacement and political participation and subjected the Israel Citizenship Law. These preventing primary responsibility to subtle forms of discrimination. nullified the rights of the displaced being shifted from the source Jordanian authorities refuse to offer FMR 26 PALESTINIAN DISPLACEMENT  naturalisation to those Palestinians living in Europe today are stateless aspect in detrimentally affecting who at the time of their displacement holders of Lebanese and Egyptian the position of the Palestinian in 1967 did not hold Jordanian RTDs or expired Israeli ‘laissez- people.4 Unlike other aliens, stateless passports. Some 60,000 stateless passer’ documents. They sought Palestinians are not admissible Palestinians, mainly from Gaza asylum in Europe when their in any other country. If expelled and original holders of Egyptian residency status in the host countries from a country they are at risk of RTDs, were allowed to stay but became increasingly insecure and, finding themselves in ‘perpetual have been denied any civil rights in most cases, they were denied the orbit’ as stateless individuals. It is and most are confined to a camp right to go back to these countries. worth noting that the deportation of near the northern city of Jarash. Eighty per cent of the 80,000 stateless stateless or other persons who will Palestinians thought to be in Germany not be received elsewhere may raise are RTD holders from Lebanon. issues under Article 3 of the European Impact on Palestinians Convention on Human Rights. The political argument commonly That is why Takkenberg and others The right to nationality is a used by Arab regimes to justify have pointed out that when such fundamental human right. Article discrimination against Palestinian protection or assistance has ceased for 15 of the Universal Declaration of refugees often conceals a sinister any reason, without the position of Human Rights of 1948 declares domestic agenda: maintaining a such persons being definitely settled that “everyone has the right to a political system based on racism and in accordance with the relevant nationality.” It is the right from sectarianism in which ‘outsiders’ resolutions of the General Assembly which other rights and entitlements are seen as security risks and fear of the United Nations, these persons can flow – to education, medical is used to control people. Such shall, ipso facto, be entitled to the care, work, property ownership, policies have had the perverse effect benefits of the Convention. travel, state protection – in short, of furthering a key Zionist objective to full participation in a world by dispersing Palestinians even More significant perhaps is the composed of nation states. further away from their homeland. position apparently adopted by In recognition of the miseries and UNHCR in October 2002 on the Changing the status of people to hardship affecting his stateless applicability to Palestinian refugees non-citizens or threatening the compatriots, Palestinian President of Article 1D of the 1951 Convention security of their residency status Mahmoud Abbas broke with the Relating to the Status of Refugees. with little or no consideration of the leadership’s long-established policy The refugee agency adopted the rule of law generates insecurity and when, in July 2005, he welcomed view that the Convention should has a devastatomg long-term social the naturalisation of Palestinians apply to Palestinian refugees and psychological impact. Stateless “if any of the host countries choose beyond the five areas of UNRWA communities are the first to pay the to do so.” An opinion poll found operation – Jordan, Syria, Lebanon, price for political instability and most Palestinians agreed with him. the West Bank and the Gaza Strip.5 insecurity in the countries where they find themselves. Without A sovereign Palestinian state within access to education or employment, Protection and 1967 borders would act as a catalyst stateless communities are exposed to international law to resolve the refugee issue and put political manipulation, exploitation an end to Palestinian statelessness. and poverty. The effect on host The legitimacy of the decision taken Such an objective cannot be achieved societies, the region and the world in 1951 to exclude Palestinians from without a regional framework based cannot be ignored. Impoverished and the international protection regime around a comprehensive peace marginalised refugee communities on the basis that they were already settlement that includes all host Arab – notably the Palestinians – constitute being assisted by UNRWA [see countries and which gives Palestinian the major destabilising factor in the previous article] is being increasingly refugees the options of repatriation, Middle East. challenged by scholars, jurists and compensation and full citizenship advocacy groups. There is wider rights in their countries of residence. Statelessness is a major ‘push’ factor awareness of the need to make leading to large-scale irregular the international refugee regime Abbas Shiblak, a Research migration. There is a clear correlation relevant for Palestinian refugees Associate at the Refugee Studies between statelessness and asylum and to formally acknowledge Centre, University of Oxford, seeking in industrialised countries. the impacts of statelessness.3 was one of the founders of the The large numbers of stateless SHAML Diaspora and Refugee people from the region – Syrian Takkenberg notes that being a Centre, Ramallah www.shaml. Kurds, Kuwaiti ‘Bidoon’ stripped refugee, stateless, dispossessed, org Email: [email protected] of nationality, denaturalised Iraqi lacking the passport of a state, not Shiites and Palestinians – ready having even the theoretical option 1. www.badil.org/Documents/Protection/LAS/ Casablanca-Protocol.htm to risk their lives on the shores of returning to one’s country – in 2. www.fmreview.org/FMRpdfs/FMR20/FMR2013.pdf of the Mediterranean and South other words, not having even the 3. www.badil.org/Publications/Briefs/Brief-No-01.htm East Asia illustrate the strength right to have rights – “has been at 4. Takkenberg. L (1998 ), The Status of Palestinian Refugees of determination to escape the the very heart of the Palestinian in International Law, New York, Clarendon Press humiliation and uncertainty that refugee problem.” He argues that 5. www.unhcr.org/cgi-bin/texis/vtx/publ/opendoc.pdf?tbl statelessness brings. The majority of the element of statelessness has been =RSDLEGAL&id=3da192be4&page=publ the estimated 200,000 Palestinians more significant than the refugee 10 PALESTINIAN DISPLACEMENT FMR 26 UNRWA: assisting Palestine refugees in a challenging environment by Greta Gunnarsdóttir

UNRWA is the largest UN operation in the Middle UNRWA’s Health Programme – its East, with over 27,000 staff, almost all of whom second largest programme – focuses are refugees themselves. Originally envisaged as an on primary healthcare services, with special emphasis on maternal and organisation with a temporary mandate, UNRWA’s child healthcare as well as disease programmes have evolved to meet the changing needs prevention and control. Two thirds of the 4.3 million Palestine refugees living in the Gaza of patients receiving integrated non-communicable disease care Strip, the West Bank, Jordan, Lebanon and Syria. at UNRWA primary healthcare UNRWA began operations on 1 UNRWA’s Education Programme is facilities are women. UNRWA has May 1950. Its first priority was to its largest, accounting for over 70% helped bring vaccine-preventable secure a reasonable standard of of all UNRWA staff and over half diseases under control and has living for refugees by providing of its budget. UNRWA provides achieved universal immunisation basic food rations, shelter and elementary, preparatory and (in coverage of children and women. It social welfare facilities. UNRWA’s Lebanon only) secondary education provides assistance to women during first decade of work established to almost half a million registered delivery and runs programmes to the blueprint for its present four Palestine refugee children in 663 prevent and control iron deficiency priorities: education, health, relief schools. Vocational and technical anaemia among Palestine refugee and social services, and microcredit. education and training, as well as women and children, as well as UNRWA currently operates over 700 pre-service teacher training, are tuberculosis. Emergency food aid schools, clinics and other facilities provided in eight vocational training is provided to Palestine refugee for Palestine refugees in Jordan, centres. UNRWA encourages refugees children, who are nutritionally Lebanon, Syria and the OPT. to become self-reliant, productive vulnerable, as well as to pregnant members of their communities Palestine refugee women and nursing With more than 50% of the Palestine and to maintain their cultural mothers. UNRWA also has several refugee population under the age heritage. UNRWA aims to foster a projects to promote environmental of 25 there is constant pressure on spirit of tolerance, in particular by sustainability in refugee camps. Its public services, including education, raising awareness of fundamental emergency environmental health which has always been considered as human rights, including those programme in the Gaza Strip helps a tool to empower future generations outlined in the UN Convention on municipalities hosting refugee of Palestine refugees. To this day the Rights of the Child (CRC).1 camps to maintain vital public utilities such as water treatment plants, waste disposal systems, Amal is eleven years old and attends Shatie Elementary School, one of 187 UNRWA- water wells and pest control. Since funded schools in the Gaza Strip. Its students, aged from six to twelve, are from the March 2006, there have been serious nearby Beach Camp, just outside Gaza City. The camps in which Amal and most of the shortages of fuel and other supplies other students live are among the most densely populated places on earth and have for the operation of water pumps few open spaces. School offers the opportunity to play and interact freely with other and sanitation facilities, and also of children. “I wake up happy in the morning because I am going to school,” says Amal. chemicals needed to purify water and The constant threat of violence pervades the camps. Since twelve-year-old eliminate vermin and mosquitoes. Najah’s brother was killed in the neighbouring streets, she has not dared to play outside. “I feel safe at school,” she says. “They teach non-violence – that’s Fatmeh Abu Ghlieh is sixteen weeks why I like it. I’m afraid outside but at school I’m not scared anymore.” pregnant. Before the erection of the As the population of the camp rapidly grows, so does the number of children barrier by Israel, Fatmeh’s journey needing education. There are now so many children that the school has to be from her home in Abu Dis to UNRWA’s divided into two shifts with more than one thousand children in each session. Jerusalem clinic took fifteen minutes. At lunchtime, a new session begins as a fresh set of children and teachers Now it can take an hour and a half, start their school day. Despite the growing numbers and logistical challenges mostly on foot. Fatmeh’s one-year-old UNRWA will not turn any child away. “We can’t say ‘no’ to anyone,” says daughter needs vaccines that she can headmistress Al-Madhoun. “I have all the records and I personally check with only get at UNRWA’s clinic as Abu Dis the families to make sure that no one is missing out on their education.” has no public health facilities. Women like Fatmeh face a difficult choice: FMR 26 PALESTINIAN DISPLACEMENT 11 delaying a check-up could jeopardise members, particularly women, OPT – provides credit facilities to the health of mother or baby but so youth and disabled persons. The support small businesses and micro- too could a long wait at a checkpoint Programme serves as the custodian enterprises, helping to create jobs, or a hazardous journey to the clinic. of refugee historical records, which economically empower women are used to determine eligibility for and alleviate poverty. With its It is because of access issues like these all UNRWA services. It administers market share, the programme is that numbers attending the Mother UNRWA’s Special Hardship now the primary financial services and Child clinic have fallen drastically. Programme, providing the most mainstay for a large segment of UNRWA’s Dr Zakaria estimates that impoverished refugee families with the poorest microenterprises, attendance has decreased by 30- basic food support, shelter repair including businesses run by 40%: “Before the barrier we would or reconstruction, cash assistance women and young people. have two to three hundred people and/or preferential access to other every day from the western villages. UNRWA services. It also administers Now we have 10% of that. And they the Youth and Children Programme New challenges will climb over the mountains rather whose objectives include enhancing than go through a checkpoint.” the well-being of children and youth UNRWA has been working in and promoting their participation in increasingly difficult circumstances UNRWA’s Relief and Social Services constructive activities consistent with to meet the needs of Palestine Programme provides assistance to the objectives of the CRC. UNRWA refugees struggling to cope with ever Palestine refugees who suffer from mentors a network of 104 community- greater insecurity, food and energy acute socio-economic hardship. It based organisations managed by shortages, the knock-on effects of aims – through activities such as volunteers, 63% of whom are women. the foreign aid freeze to the Hamas- training and microcredit provision led Palestinian Authority (PA) and – to reduce poverty within the refugee UNRWA’s Microfinance and tighter restrictions on movements of community and to promote self- Microenterprise Programme people and goods. The PA has faced reliance among its less advantaged – the largest of its kind in the financial crisis since foreign aid was Paul Jeffrey/ACT International Jeffrey/ACT Paul 12 PALESTINIAN DISPLACEMENT FMR 26

frozen after Hamas won the January 2006 elections. Prolonged closures of the Karni commercial crossing between Israel and the Gaza Strip have caused serious disruption to the provision of assistance to Palestine refugees living in Gaza, over 700,000 of whom depend on UNRWA’s food distribution of flour, oil, sugar and other basic items.

The deterioration in the Palestinian economy has led to a dramatic increase in the demand for UNRWA’s services to Palestine refugees in Gaza and the West Bank. Approximately 302,000 Palestine refugee families live in the OPT: 187,000 families in Gaza and 115,000 families in the West Bank, representing approximately 66% and 30% of the total population of these areas respectively. UNRWA estimates that as many as 28,000 of these families depend on a PA salary, of which over 22,000 have already come forward to claim food rations from UNRWA.

The bulk of public services in the OPT are delivered by the PA and the task of substituting

for these services cannot be UNRWA performed by UNRWA. UNRWA has experienced an enormous following the resumed fighting and absence of a solution to the Palestine increase in demand for employment Israeli military operations in Gaza. refugee problem, the General through its emergency job creation Assembly in December 2005 extended programme with over 100,000 UNRWA’s emergency the mandate of the Agency to 30 June refugees currently on waiting lists activities aim to: 2008, reaffirming the importance of for these programmes in Gaza. UNRWA’s services for the well-being n provide additional temporary of the Palestine refugees. UNRWA The Agency’s largest donors are the work opportunities for remains committed to assisting European Commission, the United unemployed refugees (30% for Palestine refugees in accordance States and some of the member states female-headed households) with its mandate. It expects the of the European Union. UNRWA’s international community to support General Assembly-approved core n include 23,000 new refugee this role, including by trying to do budget for 2005 was $339.3 million. families in Gaza in its food its utmost to prevent the further This figure does not include distribution programme. A 2005 deterioration of the already bleak funds required for projects or for survey found that UNRWA’s humanitarian situation on the emergency activities. Based on a emergency food assistance was ground in the OPT and Lebanon. scenario of optimism following the the primary source of food for disengagement of Israel from Gaza in two thirds of those surveyed. Greta Gunnarsdóttir is Chief, August 2005, the Agency’s Emergency Policy Analysis Unit, UNRWA Appeal for 2006 comprised activities In over half a century of conflict, Headquarters, Gaza. Email: worth some $91 million. In May the positions of the parties to the g.gunnarsdottir@unrwa. this year, the Appeal was revised to Palestinian-Israeli conflict have org. This article incorporates $171 million on account of the grave essentially remained the same in input and assistance from deterioration in living conditions in respect of the Palestine refugee issue. colleagues in the Unit. the OPT caused by a reduction in While UNRWA is not mandated to PA revenue, the non-payment of PA conciliate and influence the political To donate to UNRWA’s Emergency salaries and further restrictions on positions of the parties on the refugee Appeal, visit www.un.org/unrwa/ labour and trade. In June the already question, it remains an important emergency/donation/index.html dire situation became even worse stability factor in the region. In the 1. www.unicef.org/crc FMR 26 PALESTINIAN DISPLACEMENT 13 Palestinian refugees in Lebanon by Sherif Elsayed-Ali

When the UN Relief and Works Agency for Palestine however, he lost his passport and the Refugees in the Near East (UNRWA) was established Jordanian authorities allegedly refused to renew it. Rola does not have a civil it was only intended to offer a temporary solution, certificate for her marriage, only a not one that would last for 56 years. religious one. Despite being registered As noted in preceding articles, Palestinian refugees – the Casablanca with UNRWA, her children lack such UNRWA was created in the aftermath Protocol – has been patchily registration; they are non-IDs. They all of the 1948 Arab-Israeli conflict. After implemented. Lebanon is perhaps went to non-UNRWA paying schools. fleeing or being expelled, over 900,000 the most visible example of where They were not able to continue their Palestinians sought refuge in Jordan, political and historical conditions education after the 9th grade as they Lebanon and Syria, while others have created extremely difficult could not sit the state exams (brévé). were displaced to the West Bank conditions for Palestinian refugees. or the Gaza Strip. While there have UNRWA has registered 210,952 been other waves of displacement, inhabitants living in the 12 Palestinian mainly in 1967, only those displaced Palestinian population refugee camps often referred in 1948 and their descendants are of Lebanon uncertain to as ‘official’ camps. UNRWA considered ‘Palestine refugees’1 and offers services ranging from the thus fall under UNRWA’s mandate. Shortly after the 1948 events, about maintenance and development 100,000 Palestinians sought refuge of basic infrastructure to schools, The Palestinian refugee problem is in Lebanon. Today, there are several clinics and property registration. uniquely complex, protracted and hundred thousand Palestinian In addition to the camps, there significant. One of its peculiar aspects refugees in Lebanon. Exact figures are dozens of informal unofficial is that most Palestinian refugees are not available. UNRWA has camps spread throughout Lebanon. want to return to their homes and/or a total of 400,582 Palestinian Some accommodate hundreds of lands but are unable to do so not refugees registered in Lebanon.2 refugees and others thousands. because of a fear of persecution However, many are thought to have UNRWA does not provide – commonly found in other refugee left Lebanon to seek a better life services to these communities but situations – but because they will elsewhere but are still registered registered Palestinian refugees who not be allowed to enter the Occupied as refugees in Lebanon. Unofficial reside within them are permitted Palestinian Territory (OPT) or Israel estimates put the real number closer to access UNRWA services by the Israeli authorities. The three to 250,000. One reason for the lack of provided in the official camps. durable solutions for refugees are precise figures is that Lebanon has resettlement in a third country, local not carried out a census since 1932. Housing is one of the most serious integration in the country of asylum, problems affecting Palestinian and voluntary repatriation. Voluntary In addition to the UNRWA-registered refugees in Lebanon. The land repatriation – or return – is often refugees, there are between 10,000 area occupied by the 12 official referred to as the preferred solution and 40,000 Palestinians who do refugee camps has remained for refugees. The right to return not fall under UNRWA’s mandate mostly unchanged since 1948, is also a right guaranteed under but who, like UNRWA-registered despite substantial growth in camp international law and, in the case of refugees, have identity cards issued populations. Often, refugee families the Palestinians, has been affirmed by the Lebanese authorities. The build additional rooms and, in many by several UN bodies including the third, and smallest, group is one that cases, additional storeys to their General Assembly and the Committee is neither recognised by the Lebanese houses in order to accommodate on the Elimination of Racial authorities nor falls under UNRWA’s increasing numbers. Some households Discrimination. It applies not just mandate – commonly referred to as visited by Amnesty International in to those who were directly expelled non-ID Palestinian refugees. They 2005 had families of up to ten people and their immediate families but also number between 3,000 and 5,000 sharing a single room. UNRWA to those of their descendants who individuals whose status in Lebanon describes the camps as suffering have maintained what the Human is akin to that of irregular migrants, “from serious problems - no proper Rights Committee calls “close and despite most of them having lived infrastructure, overcrowding, enduring connections” with the area. there for decades. As they do poverty and unemployment.”3 not possess valid identification Arab states, and host states in they suffer from wide-ranging Lebanese government policies are particular, have adamantly defended restrictions on their human rights. largely responsible for the poor the Palestinians’ right to return while housing conditions. The official publicly committing themselves Rola is a 42-year-old Palestinian refugee camps have houses built to protecting their well-being until refugee. Her family came to Lebanon of bricks and concrete, and have such time this becomes possible. in 1948 and is registered with streets, shops and sometimes paved However, as noted earlier, the main UNRWA. Her husband (whom she roads. All of these require regular instrument protecting the rights of divorced) had a Jordanian passport; maintenance. However, since the 14 PALESTINIAN DISPLACEMENT FMR 26

late 1990s the authorities have were previously barred to them Generations of Palestinian refugees prohibited the entry of building by law, though not those governed have lived and continue to live materials into official camps in the by a professional syndicate (such in Lebanon. They should be able south of Lebanon, where the largest as engineering, medicine and to enjoy a wide range of human camps are located. This has led to pharmacy). However, in order to rights, including economic, social deterioration of the state of houses qualify, Palestinian refugees are and cultural rights. Lebanon has and the physical infrastructure. still required to obtain a work obligations under international permit. It remains unclear whether treaties that it has ratified – including Government policy targets refugees Palestinians will be able to do the International Covenant on living in unofficial camps. Houses so and whether this decree will Economic, Social and Cultural Rights, are more rudimentary then those in actually reduce restrictions on the International Convention on the the official camps. Many have walls Palestinians’ employment rights. Elimination of All Forms of Racial and ceilings made of corrugated iron Discrimination, and the Convention that fail to provide protection from Interviews conducted by Amnesty on the Rights of the Child – to protect the elements and which become International with Palestinian and respect the human rights of excessively hot during the summer. refugees suggest that employers are Palestinian refugees. Enjoying human Replacing corrugated iron sheets more likely to employ Palestinian rights in the host country, be it in with bricks would substantially refugees in jobs that do not require Lebanon or in other host countries improve the quality of housing but a work permit such as construction such as Egypt, does not in any way Lebanese authorities prevent the work or cleaning. In such cases, prejudice Palestinian refugees’ right to refugees from doing so. In some cases Palestinians compete mainly with return to their homes and lands. Until when refugees attempt to replace other foreign nationals. In some cases, they are able to exercise this right, corrugated iron sheets they have Palestinian refugees are employed they should be able to enjoy access been fined or had their ceilings and in jobs that require a work permit to essential services and exercise walls demolished by police. In one but without having one. Such their rights to work, education, case, a woman was arrested by police employees are paid less than their healthcare and property ownership. and detained until the brick wall her Lebanese counterparts and do not husband had built was pulled down. have the benefits and protection In accordance with the principle provided by a work contract. of international burden and Legislation specifically targeting responsibility sharing, which Palestinians was introduced in Restrictions on employment have a recognises that “the grant of 2001 to prevent them from owning direct effect on other human rights. asylum may place unduly heavy property. The law prohibits Tawteen They magnify the various restrictions burdens on certain countries”,4 the (settlement), a reason often given on housing rights and negatively international community should for denying Palestinians their affect standards of living. Education play a greater role in encouraging rights in Lebanon. This implies is also affected. In many cases, and assisting Lebanon to extend the that a link is being made between Palestinian families interviewed highest possible level of enjoyment non-competing rights: the right to by Amnesty International said that of human rights to its refugee adequate housing or to own property, children dropped out of school as population. Realising the right to and the right to return. In reality, they believed that spending many return remains the most obvious neither right negates the other. years of education to finish school way to redress the situation of or university would be wasted Palestinian refugees. Concerned states Severe restrictions on their right as they would be unable to use and the international community to work and their rights at work their education to gain a living. should make serious efforts to prevent Palestinians from improving ensure that the right to return their lives. Dozens of professions Even more restrictions apply to can be practicably and effectively and trades are restricted to non-ID Palestinian refugees. Their exercised by Palestinian refugees. Lebanese nationals. For many years, freedom of movement is severely Palestinians could not legally work as restricted as they are not lawfully Sherif Elsayed-Ali is refugee officer accountants, secretaries, salespersons, resident in Lebanon. Their children for the Middle East and North pharmacists, electricians, guards, are not officially registered at birth, Africa at Amnesty International’s drivers, cooks or hairdressers. They they are not able to take exams for International Secretariat. Email: are also barred from owning a the intermediary school certificate [email protected]. For further business involved in trading, currency and thus continue their education information, see: web.amnesty. exchange, gold, printing, publishing, and they cannot register marriages. org/pages/369-270306-feature-eng car repair, engineering or health services. Palestinians are generally 1. UNRWA uses the phrase ‘Palestine refugees’, rather Miryam is 20 years old and a non-ID than ‘Palestinian refugees’, due to the fact that a small able to practice most professions number of the residents of Palestine who lost their or own businesses inside the 12 Palestinian refugee. She has been livelihoods and residence in 1948 and initially received official camps but the restrictions engaged for five years to a Lebanese UNRWA assistance were of Greek, Armenian or other apply elsewhere in Lebanon. man. However, she has not been able non-Arab ethnicity. to get married as her marriage would 2. www.un.org/unrwa/publications/pdf/uif-dec05.pdf 3. www.un.org/unrwa/refugees/lebanon.html not get a civil recognition because she In June 2005 Lebanon’s Minister of 4. Preamble to the 1951 Convention relating to the Status Labour announced that Palestinian has no documents. Her family has of Refugees refugees would be permitted to been working on the papers for years work in various occupations that but there seems to be nothing that they can do. She is very depressed. FMR 26 PALESTINIAN DISPLACEMENT 15 No freedom, no future: undocumented Palestinian refugees in Lebanon by Cynthia Petrigh

With support from the European Commission’s Humanitarian marriages, graduate from high school Aid Department (ECHO), the Danish Refugee Council (DRC) or enrol in either public or private higher education. They find if difficult is working to give a human face to the under-reported, to access UNRWA services and unrepresented and marginalised group of Palestinians cannot afford to pay for healthcare living in Lebanon without any form of identity. in a country with an expensive and largely privatised medical system. Since DRC established an office in however, brought new difficulties Lebanon in August 2004 we have for undocumented refugees as The greatest burden they carry is the identified around 3,000 individual Lebanese army checkpoints have fact their children do not have any non-ID refugees living in informal limited their ability to move legal existence. Three decades after refugee camps in the south and the in search of employment. their arrival most non-ID refugees Beq’a valley. Unlike 1948 refugees, have got married – either to a most are not settled in camps with In addition to the difficulties registered Palestinian refugee or, in support from networks of kin encountered by all Palestinian some instances, to a Lebanese citizen. and neighbours but have arrived refugees in Lebanon [see article by Under Lebanese law, the children of individually or in small groups. Many Sherif Elsayed-Ali on 12-14] non-ID non-ID refugees, even when born in have complex experience of multiple refugees face further restrictions. Lebanon, and even if their mother is displacements. a registered refugee or Some were already a Lebanese citizen, are Young registered as 1948 not legally recognised undocumented refugees refugees with and hence do not studying. This UNRWA in Gaza, the possess any personal photograph West Bank, Jordan documentation was taken by or Syria but were attesting to their non-ID refugees as part of the exiled a second time. existence. A whole empowerment Some were expelled generation of and advocacy from the West Bank undocumented persons activities run or Gaza by the is now coming of age by DRC. Israeli occupation with no prospect of authorities. participation in social Others are former and economic life. Palestinian Liberation Organisation (PLO) Assisting the combatants forced undocumented to leave Jordan in refugees 1970 following the ‘Black September’ In March 2005, confrontation DRC began legal with the Jordanian counselling, advocacy government. Israel’s and assistance expulsion of the activities to support PLO from Lebanon the undocumented in 1982 left ex- refugees. We have fighters without any interviewed more official protection. than 150 families and After the end of the compiled dossiers Lebanese war in which we have 1990 most militias submitted to relevant were dismantled and the government They are unable to move outside local and international authorities gradually regained control of the camps for fear of being arrested. They – including UNRWA, UNHCR, country. This positive outcome has, cannot travel, own property, register the Palestinian Authority and the 16 PALESTINIAN DISPLACEMENT FMR 26

governments of Lebanon, Egypt, cases as other stakeholders have The issue remains sensitive but there Jordan and Syria. Each case is indicated they cannot move forward seems to be a growing willingness to unique and requires an individual without the approval of Lebanon. acknowledge the need to improve the approach towards a solution. humanitarian situation of Palestinians We are also advocating for renewal in Lebanon. DRC has supported One option we have proposed is the of expired third-country passports cases to obtain stay and work permits transfer of UNRWA files if the refugee as many non-ID Palestinians once for non-ID refugees who hold has been registered with UNRWA held passports, mainly Jordanian foreign passports and who have met in another field of operation. DRC or Egyptian. The government of other criteria set by the Lebanese has been advocating for the files Egypt has been cooperative and has authorities during an amnesty period of such refugees to be transferred accepted to renew passports when for illegal aliens. Seven families have to Lebanon in order to have them we could prove a former link. Jordan now obtained such documents. officially present in the country has turned down all of our requests. and to give their family a legal DRC additionally supports the status. Unfortunately the Lebanese DRC has met with various Lebanese issuance of stay permits to spouses authorities have not been supportive. stakeholders and agencies to see if and children of Lebanese female We have been unable to take up test cases could be solved in Lebanon. citizens, who can only reside in Lebanon on the condition that they do not hold any occupation. DRC Inam, a Lebanese woman, is married Hassan was born in 1967 in Wahdat has started lawsuits in partnership to Mahmoud, a Palestinian refugee camp in Jordan and, like the rest of with a Lebanese law firm in order who fled Gaza in 1967 when it was his family, is an UNRWA-registered to establish the identity of some of occupied by Israel and who registered 1948 refugee. His family arrived the non-ID refugees. These include with the Egyptian authorities. In the in Lebanon in 1970 as a result of underage undocumented children mid 1970s Mahmoud travelled to Black September. His father, a PLO recognised by a registered father and Syria legally and then continued combatant, died in 1973 and Hassan children of a widow whose husband without proper documentation to lived in an orphanage until he was was undocumented. Finally, DRC Lebanon. Inam and Mahmoud’s 15. In 1982, he was arrested by the supports the efforts of a national lives are blighted by his continued Lebanese authorities and deported coalition for the right of Lebanese non-ID status. Their children cannot to Jordan where he was tortured and women who are married to a graduate from school and the family forced to remain to complete military foreigner to extend their citizenship is not entitled to access UNRWA service. Fearing further persecution, to their children. If this change were services. Their eldest child Fadia, he fled Jordan and on arrival in made, about 15% of the non-ID 12, is very ill and without access to Syria applied to UNHCR for refugee refugees’ cases could be solved. healthcare the family is struggling to status. His claim was rejected due to survive. Inam recently paid $300 to his status as an UNRWA-registered Some claimants may have a well- process registration papers for her refugee. On return to Lebanon, he founded fear of persecution and children to a man purporting to be was re-arrested by the Lebanese could be in need of international from the Ministry of Interior. Inam authorities for lacking documentation. protection. In cases where a legal has not seen the man again and After again contacting UNHCR in solution cannot be found in Lebanon, her children remain unregistered. Damascus he was arrested by Syrian DRC has approached UNHCR. Through DRC intervention, the family intelligence services in Lebanon has now obtained new Egyptian who then contacted the Jordanian The work for the undocumented passports and recently received a authorities. The Jordanians revoked refugees in Lebanon remains difficult. stay and work permit in Lebanon. his Jordanian nationality and It demands patience, perseverance invalidated his passport. Fearing and preparedness to accept many Nada, born in Lebanon in 1958, imprisonment in Syria, Hassan rebuffs and enjoy few successes. was registered with her parents as a travelled to Iraqi Kurdistan where We have explored various avenues 1948 Palestinian refugee. In 1979, he survived by selling his blood. towards solutions. It is important she married Murad, a Palestinian that NGOs and UN agencies should refugee registered with UNWRA In 1999 he travelled clandestinely continue their efforts to act as Jordan. Although Nada and Murad through Syria back to Lebanon. Both intermediaries between refugees are both registered refugees, their UNHCR and UNRWA said they were and the Lebanese authorities and documents, like those of many other unable to offer him any assistance. seek to solve individual cases. A families who have moved residence, He now lives in Beirut, in constant comprehensive solution, however, have been mislaid by bureaucratic fear of re-imprisonment and with requires regional dialogue between error. Nada, Murad and their nine little hope for a future. DRC has the Lebanese, Egyptian, Jordanian, children now live as non-ID refugees provided Hassan with legal aid to Palestinian and Syrian authorities. in a one-room house in southern attempt to secure identity papers Lebanon. DRC has provided legal to permit travel and residency. Cynthia Petrigh is Programme aid to try to secure identity papers Manager for the Danish Refugee and is providing vocational training Council in Lebanon. Email: for the couple’s older children. [email protected] For further information, see www. drc.dk/Lebanon.1740.0.html FMR 26 PALESTINIAN DISPLACEMENT 17 Immobile Palestinians: ongoing plight of Gazans in Jordan by Oroub El Abed

Jordan’s decision not to legally integrate ex-residents of Gaza services but cannot meet all their needs. Since 1986 it has been harder has led to long-term neglect of their civil rights and denied for Gazans to compete for places them opportunities to secure decent livelihoods. Statelessness in Jordanian universities as they leaves many in a permanent state of legal limbo. must secure places within the 5% quota reserved for Arab foreigners. Palestinians who arrived in Jordan Gazans are treated by Jordan as Arab Entry to professions is blocked as in the immediate aftermath of the foreigners and pay taxes whenever Gazans are not allowed to register Nakba (catastrophe) of 1948 were they interact with the state. The with professional societies/unions or granted Jordanian citizenship. As ‘passport’ they hold is in effect simply to establish their own offices, firms Jordanian citizens they and their a residency permit, the renewal of or clinics. Only those with security descendants hold passports valid which is left to the discretion of the clearance can gain private sector for five years, enjoy the right to vote state. Gazan men cannot renew their employment. Those who work in and have full access to government residence without clearance from the the informal sector are vulnerable services. Each muwatin (citizen) Jordanian security authorities. Their to being exploited. Many Gazans has a ‘national number’, a civil administrative vulnerability can lead are keen to leave Jordan to seek registration number accorded at to curtailment of rights to political employment elsewhere but are birth or upon naturalisation which participation and membership of constrained from doing so. Some have is recorded on national ID cards trade unions enjoyed by Jordanian attempted to leave clandestinely. and on the family registration books citizens. Some who have been active which are issued only to citizens. in Islamic political groups have Press articles indicated in 2005 that found themselves stripped of ID. the Arab League and the Palestinian Gazans in Jordan are doubly- Authority have explored the displaced refugees. Forced to move to The ‘passport’ – which is expensive possibility of facilitating the return Gaza as a result of the 1948 war, they – has value as an international of Gazans to their first place of exile, fled once more when Israel occupied travel document only if receiving the Gaza Strip. However, with Gaza the Gaza Strip in 1967. Guesstimates states permit the entry of temporary besieged and attacked by Israel and in of the number of Gazans in Jordan passport holders. Few countries the grip of a worsening humanitarian range between 118,000 and 150,000. admit them, because they have no crisis, this is not a viable option. A small number have entered official proof of citizenship. Syria, the Jordanian citizenship scheme Lebanon, Egypt and some Gulf Rami was brought up in Jordan, via naturalisation or have had States are among those who refuse to studied law and worked for over two the financial resources to acquire honour the document. Any delay in years for a law firm in the West Bank citizenship. Many Gazan non-citizens renewing the temporary passport or city of Hebron. Lacking a West Bank live in Amman and other Jordanian in applying for one puts an individual Israeli-issued ID, he was forced to cities. A significant proportion live at risk of becoming undocumented. return to Jordan every three months in two camps run by UNRWA. Most to renew his visitor’s visa. Due to of the 30,000 residents of Gaza (also As noted in earlier articles, Arab the high cost of living he returned to known as Jerash) camp are Gazans countries refuse to grant Palestinians Jordan in 1999 only to find himself while a few thousand of the residents citizenship in order to preserve stripped of his Jordanian temporary of Hittin camp are 1948 refugees, their Palestinian identity and to passport. Now without any form of subsequently displaced from Gaza. remind Israel of its responsibility identity, he notes that “being Gazan towards those it expelled. Jordan, in Jordan is like being guilty.” On arrival in Jordan, the ex-residents however, stands out by view of the of Gaza were granted temporary fact that the majority of Palestinians In Jordan, as in most other Middle- Jordanian passports valid for two living within the borders of the Eastern countries, women cannot pass years but were not granted citizenship Hashemite Kingdom of Jordan were on their citizenship to their children. rights. The so-called ‘passport’ serves granted fully-fledged citizenship Neither is citizenship granted to a two purposes: it indicates to the when Jordan formally annexed the child born on the territory of a state Jordanian authorities that the Gazans West Bank in 1950. The Gazans, from a foreign father. Married women and their dependents are temporary perceived and labelled by law are forced to depend on their fathers residents in Jordan and provides them and administrative practice as or husbands to process documents with an international travel document Palestinians, are therefore an anomaly. related to their children. Because (‘laissez-passer’) potentially enabling of this patriarchal conception of access to countries other than Jordan. UNRWA provides Gazan refugees citizenship, children of Jordanian with relief, health and education 18 PALESTINIAN DISPLACEMENT FMR 26

women married to Gazans are at risk such time as a Palestinian state is of being left without a legal existence. her husband. She cannot afford established, stateless Gazans should to go to Sudan to be with him. not be forced to live in limbo, left Heba, a Jordanian national, married outside conventions which should Ahmad, a Gazan with an Egyptian Over half a century has passed since ensure their human and civil rights. travel document. A year after their a British colonial officer noted that marriage, Ahmad was arrested for he could not “see that there is any Oroub El Abed is an Amman- being in Jordan without a residence hope of finding a suitable home for based independent researcher permit. Deported from Jordan, he the unfortunate Gaza refugees”.1 working on Middle East refugee was refused re-entry to Egypt and Resolutions of the UN, protocols of issues. Email: [email protected] ended up in Sudan. Heba had a the Arab League and expressions child but has been unable to register of concern from the international 1. Public Records Office, Foreign Office, Correspondence the birth due to the absence of No 119/3/9, from T C Rapp of the British Middle east community have led to nothing. Until Office to J Creswell, British Embassy, Cairo, 1952. Is Gaza still occupied territory? by Iain Scobbie

Once Israeli troops and settlers were withdrawn from but simply have the potential Gaza in August 2005 did it cease to be occupied? capability to do so. This ruling is in accordance with decisions of other According to the Israeli Foreign occupied. Traditionally, this required courts, including the Naletili and Ministry’s Revised Disengagement the occupant to create some kind of Martinovi case in which the Yugoslav Plan of 6 June 2004,1 the evacuation administration. In December 2005, Tribunal referred to an occupant of Gaza means that there will be however, the International Court having “a sufficient force present, or no permanent presence of Israeli of Justice ruled that a Ugandan the capacity to send troops within a security forces within Gaza. The Plan, occupation of Congolese territory reasonable time to make the authority however, also provides that “Israel would be established if its forces “had of the occupying power felt.” will guard and monitor the external substituted their own authority for land perimeter of the Gaza Strip, that of the Congolese Government”, Under the Disengagement Plan, will continue to maintain exclusive and that it was irrelevant “whether Israel retains absolute authority over authority in Gaza air space, and or not Uganda had established a Gaza’s airspace and territorial sea. It will continue to exercise security structured military administration is manifestly exercising governmental activity in the sea off the coast of of the territory occupied.” authority in these areas. When we the Gaza Strip”. Principle Six stated also take into account the views that “completion of the plan will The Hague Regulations link that have been expressed on control serve to dispel the claims regarding occupation to the law of land warfare, of the territory from the air, it is Israel’s responsibility for the and thus it has been argued that clear that Israeli withdrawal of land Palestinians within the Gaza Strip.” occupation requires the physical forces did not terminate occupation. presence of troops in the territory. This view is only reinforced by the Principle Six is ambiguous: it These Regulations, however, were ease with which Israeli land forces refers to the termination of Israel’s adopted before the first flight of the re-entered Gaza in June 2006. responsibility for the population Wright brothers. Today, air power and of Gaza but says nothing about aerial surveillance are paramount. Iain Scobbie is the Sir Joseph Hotung the status of the territory itself. In As Major General Amos Yadlin, Research Professor in Law, Human the initial draft of this plan, it was an Israeli air force officer, noted: Rights and Peace Building in the expressly stated that withdrawal “Our vision of air control zeroes Middle East at the School of Oriental would terminate Israel’s occupation in on the notion of control. We’re and African Studies, University of Gaza. This language was removed looking at how you control a city or of London. Email: is17@soas. from the final and definitive plan. a territory from the air when it’s no ac.uk He will publish an extended longer legitimate to hold or occupy analysis of the status of Gaza after The test employed by international that territory on the ground.” disengagement in the forthcoming law to decide whether territory is volume of the Yearbook of Islamic occupied by an adverse party is The ‘effective control’ test has been and Middle Eastern Law and on contained in Article 42 of the 1907 interpreted by various courts. In 1983, the Hotung Programme’s website, Hague Regulations Respecting the the Israel Supreme Court decided www.soas.ac.uk/lawpeacemideast. Laws and Customs of War on Land. the Tsemel case which arose during It is essentially a question of ‘effective the occupation of southern Lebanon. 1. www.israel-mfa.gov.il/MFA/Peace+Process/ Reference+Documents/Revised+Disengagement+Plan+6- control’. If an invader intends to It ruled that occupation forces do June-2004.htm retain control of hostile territory, at not need to be in actual control of least temporarily, then that territory is all the territory and population, FMR 26 PALESTINIAN DISPLACEMENT 19 Can Palestinian refugees in Iraq find protection? by Gabriela Wengert and Michelle Alfaro

Many of the approximately 34,000 Palestinians in Iraq of the Red Cross (ICRC) does not have access to detainees in Iraqi have been living in the country since 1948 and have known custody. Given the numerous no other home. Stereotyped as supporters of Saddam reports of arbitrary detention, Hussein, and prime candidates for the insurgency, many torture and killings by Iraqi today face harassment, threats of deportation, media security forces, such detainees fall into a black hole, with little or no scapegoating, arbitrary detention, torture and murder. possibility to inform their families, gain access to lawyers or apply for Palestinian refugees came to Iraq in the Iraqis among whom they live, legal review of their detention. several waves. The first group, some have witnessed dramatic declines 5,000 persons from Haifa and Jaffa, in their standards of living. Palestinians, like other refugees in came in 1948. Others arrived after the Iraq, complain about the increasingly 1967 War and a third group arrived The fall of the former regime in April difficult and sometimes humiliating in the aftermath of the 1991 Gulf War 2003 left Palestinians particularly process of renewing their residence when many Palestinian refugees vulnerable, given their uncertain permits. Under the previous regime, were forced to leave Kuwait. A legal status and the loss of benefits Palestinians were not required to UNHCR registration exercise in July previously provided to them. They have residence permits but now 2003 accounted for more than 22,000 have been harassed by segments have to face intimidation when Palestinians in Baghdad. Additional of the Iraqi population and armed renewing them every two months. numbers are known to be present militias who resent their perceived A lack of valid residency documents in Basrah, Mosul and other parts close affiliation with the Ba’athist puts them at risk of harassment and of Iraq but the precarious security regime. The ongoing insurgency, arrest when requested to identify situation prevents their registration. which has taken the lives of themselves at the many checkpoints thousands of Iraqis, is blamed on in Baghdad. UNHCR was concerned Iraq is not a party to the 1951 Refugee foreign agents, Palestinians and in October 2005 by a statement from Convention. Despite the adoption of other refugees of Arab origin, who the Ministry of Displacement and the Political Refugee Act (Law No. are accused of acts of terrorism. Migration, the government body 51) in 1971, which provides the legal responsible for refugee issues in basis for the provision of asylum for When the former regime fell, Iraq, calling for the expulsion of “political or military reasons” (Article hundreds of Palestinian families Palestinians from Iraq to Gaza. 1[3]), Palestinian refugees were never were evicted from their homes by given formal refugee status by the landlords resentful that they had been The situation further worsened after Iraqi authorities. Instead, Palestinian forced to house subsidised Palestinian the 22 February 2006 bombing of refugees were entirely assisted by the tenants. There was an intense climate one of the holiest Shi’a shrines, the Iraqi Ministry of Defence and, later, of hostility to Palestinians and many al-Askariyya Mosque, in Samarra. by the Ministry of Labour and Social received verbal or physical threats. This sparked a wave of sectarian Affairs. Palestinian refugees were In May 2005, Palestinians were violence and resentment towards provided protection by successive widely blamed in the media for a foreigners of Sunni Arab origin Iraqi governments and enjoyed a bombing incident in the al-Jadida perceived to have been close to the relatively high standard of treatment, area of Baghdad after a televised previous regime and to support the mainly guided by the Casablanca ‘confession’ by four Palestinians. predominantly Sunni insurgency. Protocol ratified by the League of They bore visible signs of beating Acts of discrimination and violence Arab States in 1965.1 Palestinians and according to their lawyer had against Palestinians escalated. Ten were issued special travel documents, undergone torture while in detention. Palestinians are believed to have been had the right to work and were Palestinians increasingly became killed in an attack by militias in the given full access to health, education subject to arbitrary arrest, detention Baghdad suburb of Baladiyat. In June and other government services. In and house raids by the multinational 2006, UNHCR became aware of the addition, they were provided with and Iraqi security forces. UNHCR was reported killing of eight Palestinians government-owned housing or fixed, given information on approximately in Baladiyat, four killed in an attack subsidised rent in privately-owned 60 Palestinians who were believed on the neighbourhood by militia. houses and apartments. In effect, to be in detention at one time. Some members of the Palestinian Palestinians enjoyed many of the refugee community in Baghdad claim same rights and relative prosperity Access to persons in detention that at least 150 Palestinians have as Iraq citizens. However, in the remains problematic as it appears been killed since May 2005. While this aftermath of wars, Palestinians, like that the International Committee information cannot be independently 20 PALESTINIAN DISPLACEMENT FMR 26

confirmed, UNHCR has collected in Hassakeh Province, originally Addressing protection needs credible reports about Palestinians set up by UNHCR in 1991 to host of Palestinian refugees in Iraq being abducted, tortured and killed in Iraqi refugees fleeing Iraq after the Baghdad. Gruesome stories circulate suppression of popular uprisings UNHCR contacts with representatives through the Palestinian community, in the aftermath of the Gulf War. of the Palestinian community in heightening the sense of fear as Baghdad confirm that the vast refugees receive written and verbal A total of 181 Palestinian refugees, majority wish to leave Iraq. Many death threats, demanding that they including many children, fled have turned to people smugglers. In leave. It is becoming increasingly Baghdad towards Jordan in March order to minimise their reasons for difficult to dismiss these attacks as and April 2006. Denied entry to leaving, the Iraqi authorities must arbitrary and random but rather that Jordan, they were temporarily guarantee them effective legal and this group is targeted on the basis accommodated at an Iraqi border physical protection. UNHCR has of its political and ethno-religious post. UNHCR interviewed a number been working with the Ministry of background. Some attacks have of them. Four families reported that Interior to address some of the factors reportedly been carried out with family members had been murdered. seen as most negatively affecting knowledge and/or participation of One bore marks of a beating he had their situation. While the Ministry elements associated with the Iraqi reportedly received the previous appears receptive, it remains to security forces. Lack of security and week. Others claimed to have been be seen whether the Palestinian valid residency documents restricts former detainees and survivors community will be sufficiently Palestinians’ freedom of movement of torture at the hands of the Iraqi reassured to risk remaining in Iraq. and access to employment and authorities. According to Bill Frelick, education. Many Palestinians in Iraq refugee policy director at Human The international community needs have stopped sending children to Rights Watch, “Jordan is slamming to provide advice and training school or going out in search of work the door in the face of a small but to enhance refugee protection in and feel trapped in their homes. desperate group of people, who Iraq. It is unfortunate that constant have seen their relatives murdered reshuffling in the Iraqi government “These Palestinians are refugees in Baghdad. Jordan should not treat has taken its toll on building the twice over. Israel denies them their Iraqi Palestinians fleeing persecution institutional capacity of the relevant right to return to their homeland but more harshly than other Iraqis Iraqi authorities to deal with refugee Iraq has become a country where fleeing violence, who have generally issues. Strong statements are needed they are targeted for violence.” been allowed to enter Jordan.”3 from the Iraqi authorities and other Sarah Leah Whitson, director, actors that Palestinian refugees are Human Rights Watch, Middle On 28 April 2006, the Syrian welcome and that they should enjoy East and North Africa division.2 government officially confirmed rights guaranteed by domestic and earlier reports that it would international law. It is encouraging In response to the deteriorating welcome the group into Syria that Grand Ayatollah Sayyid Ali security situation, groups of under the auspices of UNRWA. By al-Sistani issued a religious ruling Palestinians have sought protection the time the group departed on 9 (fatwa) on 30 April 2006 forbidding in neighbouring countries – despite May, their number had grown to attacks on Palestinian refugees. the dangers of travelling with forged 250 as more Palestinians moved or invalid travel documents. Around towards the Jordanian border The Iraqi authorities should: a thousand Palestinians fled Iraq in the hope of being admitted to in the aftermath of the fall of the Syria. Furthermore, another 37 n clarify the legal status of former regime and were stranded persons had travelled to the Syrian Palestinian refugees in Iraq in ‘no man’s land’– neutral territory border. The entire group of 287 was and issue residency permits in the desert border between Iraq accommodated in El Hol Camp. It and travel documents with a and Jordan – and in Ruweished is not yet clear what legal status the validity of at least one year camp inside Jordan. In August 2003, refugees will be granted in Syria. Jordan admitted a group of 386 n permit the eventual return of persons from mixed marriages. A As of 26 July 2006, there were Palestinians who have fled number of Palestinians returned to some 266 new arrivals – including Iraq, given that most have lived Baghdad, driven back by the harsh pregnant women and children there for most of their lives or living conditions in the desert. On – in no man’s land between Syria were born there: UNHCR is 29 May 2005, those persons stranded and Iraq and being denied entry concerned about 121 Palestinians in the ‘no man’s land’ were moved to Syria. The Palestinians say they in Yemen being denied return to Ruweished, where today, more are determined to stay until they by the Iraqi Embassy in Sana’a than three years after they fled from are officially authorised to enter Iraq, 148 Palestinians still remain. Syrian. There are reports that three n enter into a productive busloads of Palestinians were forced and constructive dialogue A group of 19 Palestinians moved to return to Iraq in early June and that on refugee matters. to the Syrian border in October Iraqi security forces briefly crossed 2005 where they were stranded into the border zone, accusing the Given that both the Iraqi population before being allowed to enter Palestinians of being terrorists. as a whole and refugee groups Syria one month later. They are suffer serious security and human temporarily hosted in El Hol Camp rights problems, it is of outmost FMR 26 PALESTINIAN DISPLACEMENT 21 importance that any such measures They need to: some Palestinians the opportunity do not single out the Palestinians to temporarily relocate. Given that as a group deserving special n improve capacity to forecast and both Syria and Jordan already host treatment, for this could further monitor refugee movements large numbers of refugees (Iraqis, increase their protection problems. Palestinians and others), they should n remind regional states of their be offered a financial package by Bearing in mind the high level of obligations under international the international community to violence in Iraq and the fact that law to admit to safety persons relieve the additional burden. hundreds of thousands of ordinary fleeing persecution Iraqis have fled Iraq since 2003, it Gabriela Wengert is a lawyer and would be unwise to expect the Iraqi n identify safe sites inside Iraq to UNHCR Consultant/Protection authorities to be able to ensure the temporarily host refugees should Officer, specialising in Middle East physical security of any residents borders remain closed to them issues. Email: gabriela@wengert. of Iraq. Nevertheless, more can and ch Michelle Alfaro, a lawyer, is a should be done to protect the rights n share burdens and primarily Protection Officer with UNHCR of Palestinians in Iraq and reduce consider humanitarian needs, Iraq. Email: [email protected] their anxiety. If Palestinians continue not political considerations Refugee camp to perceive that the Iraqi government The views expressed are the in Baghdad for Palestinians has failed to adequately protect them, n advocate for Israel to admit personal views of the authors, forced from their new movements to Syria and Jordan those who wish to return/ and are not necessarily shared homes by Iraqis are likely. Appropriate contingency relocate to the OPT. by the UN or UNHCR. resentful of the plans must be prepared by relevant special treatment the Palestinians regional authorities, humanitarian Arab governments in the region, as 1. www.badil.org/Documents/Protection/LAS/ Casablanca-Protocol.htm have received organisations, the Arab League has been done by Jordan and Syria 2. http://hrw.org/english/docs/2006/05/12/syria13372.htm during a half- and the international community. to some extent, should demonstrate 3. http://hrw.org/english/docs/2006/04/07/jordan13136. century of exile solidarity and hospitality and offer htm in Iraq. 2003 Jonathan Frerichs LWR/ACT International LWR/ACT Jonathan Frerichs 22 PALESTINIAN DISPLACEMENT FMR 26 Territorial fragmentation of the West Bank by David Shearer

A combination of checkpoints, physical obstacles One key impact of the closure system is the way it has isolated residents of and a permit system has cut the West Bank into the West Bank from East Jerusalem, three distinct areas – in addition to East Jerusalem. the traditional centre of Palestinian Within these areas, sub-enclaves have been created, religious and cultural life and where isolating many Palestinian communities, restricting important health and education services are located. Reaching the their access to services and stifling commerce. Al-Aqsa mosque in Jerusalem, one of the most holy sites for Muslims, The closure system in the West and trenches. The total number of for example, is no longer possible Bank refers to a series of restrictions these has steadily risen since last for most West Bank Palestinians. placed by the Israel Defense Forces year, from 376 in August 2005 to (IDF) to control the movement of 535 in June 2006 – a 25% increase. The construction of the Barrier more than 2.3 million Palestinians has meant that Palestinians can no living there. The Israeli government n The Barrier that Israel has longer travel through Jerusalem states that these closure measures constructed loops inside the but instead have to take a winding are required to prevent Palestinian West Bank and has created a road around the city. Once the militant attacks on Israeli civilians. number of enclaves between Barrier is completed this road will the Barrier and the Green Line pass under the Barrier through The closure system has become that are difficult to access. specially constructed tunnels thereby steadily more sophisticated and has preventing Palestinians from using increasingly channelled Palestinian n There are increasing numbers of Israeli roads that go to settlements. traffic onto smaller, local roads, ‘flying’ or random checkpoints leaving main – often recently – averaging more than 160 a The urban and manufacturing hub of purpose-built – routes reserved week – throughout the West the main towns of Nablus, Ramallah, exclusively for Hebron and Jericho, that Israeli checkpoint Israeli settlers to are critical for Palestinian near Qalandiya travel to settlements jobs and the economy, refugee camp inside the West are also difficult to Bank. There are access because of tight now approximately restrictions. Jericho, for 430,000 settlers example, is encircled by living in the a ditch on three sides and West Bank. International Jeffrey/ACT Paul all traffic is funnelled through two checkpoints Restrictions on that frequently close. movement are at the heart of Prior to the start of the Palestinian the second intifada economic decline. in September 2000 Poverty rates for more than 150,000 Palestinians have soared to 56% and Bank that create unpredictable Palestinians worked in Israel. Nearly are predicted to rise to 74% by the closure and often extensive delays 90% of those people have now lost end of 2006. Commerce and trade for Palestinian movement. their jobs. Many have turned to depends on the free movement farming as one of the few economic of goods and services. But in the n The IDF have implemented a alternatives for the increasing number West Bank economic activities range of different permits to of unemployed. But movement have become severely restricted restrict the use of many routes restrictions prevent good returns. due to the closure system. within the West Bank. Getting into Increasingly, vendors of perishable the enclave areas, for example, products such as vegetables and Closure is imposed by one or is increasingly difficult for fruit have no access to markets. a combination of methods: Palestinians as Israel is narrowing the eligibility criteria for permits The Jordan Valley has long been an n Manned checkpoints and a series that are needed to pass through the important Palestinian agricultural of physical obstacles such as road Barrier to land on the other side. area. Today, no Palestinian who is blocks, road gates, earth mounds not originally from that area can FMR 26 PALESTINIAN DISPLACEMENT 23 go there unless they have a permit Economy spiralling downwards Palestinians. But the private sector to work in an Israeli settlement. relies on the free movement of goods Jordan Valley farmers cannot rely on The economy is predicted to contract and labour – and both are severely moving their goods to markets and by a further 25% in the coming curtailed by the closure system. often spend hours at checkpoints months if Palestinian Authority (PA) resulting in substantial losses of employees continue not to receive As the economic crisis deepens, highly perishable agricultural crops. salaries. Following the Hamas victory humanitarian aid is increasingly in the January elections, PA revenues being looked upon as a primary As the closure system becomes more dried up. Half of the PA’s income support mechanism for Palestinians. institutionalised it has a myriad of came from taxes on Palestinian But it is insufficient and aid alone other impacts. Many communities goods that entered through Israeli is not capable of maintaining PA depend on water tankers for ports. Israel has suspended passing institutions. Furthermore, vital access domestic water supplies during the on those revenues, as it is obligated by humanitarian agencies is becoming summer but the closures can make to under the Protocol on Economic increasingly difficult. International it impossible for water trucks to Relations between the Government of humanitarian organisations report reach their destination and meet Israel and the PLO it signed in 1994.1 increased access incidents in the community needs. Families often find Donors have also halted payments form of delays and denials of access themselves separated by a checkpoint, to the PA. Instead their attention at IDF checkpoints throughout the earth wall or the Barrier from relatives has focused on the private sector as West Bank. UN staff can no longer be and friends who live close by or from an alternative to maintain services guaranteed to get to their places of their regular schools or health clinics. and economic opportunities for work and are being asked to adhere to a variety of unpredictable

UN Office for the Coordination of Humanitarian Affairs checking procedures, despite Territorial fragmentation of the West Bank previous agreements with the Israeli authorities.

The Government of Israel MEDITERRANEAN SEA states that the closure regime J e n i n is to protect its citizens from terrorist attacks. But the regime has separated off sections of the West Bank from each other T u b a s T u l k a r m and created tiny enclaves West where people struggle to Bank pass through an increasing Gaza a array of obstacles just to move e Q a l q i l i y a Strip S N a b l u s d

a

e around their communities. D

As the Israeli settlements in the West Bank expand, so too S a l f i t does the sophistication of the ISRAEL restrictions to protect them, all at a cost to Palestinian livelihoods. Increasingly, affluent settlements protected behind walls, fences R a m a l l a h and an array of obstacles sit EGYPT JORDAN J e r i c h o side-by-side with impoverished and increasingly embittered J e r u s a l e m Palestinian communities. LEGEND Just that reality alone is fuel TRISECTION BOUNDARIES for an ongoing conflict.

ENCLAVE BOUNDARIES B e t h l e h e m David Shearer is Head of the UN CONSTRUCTED AND PLANNED BARRIER Office for the Coordination of 1949 ARMISTICE LINE (Green Line) Humanitarian Affairs, Jerusalem. OCHA oPt works to coordinate

H e b r o n humanitarian response within the UN community in the West Bank and Gaza. Email: ochaopt@ un.org. Regularly-updated briefing notes and reports are at: www.humanitarianinfo.org/opt Kilometers

0 2 4 6 8 10 20

United Nations Office for the Coordination of Humanitarian Affairs 1. www.palestinecenter.org/cpap/documents/ The designations employed and the presentation of material on this map do not imply the expression of any opinion Cartography: OCHA - oPt - May 2006. Base data: PA MoP, July 2000, OCHA update 2006 whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area For comments contact or Tel. +972 (02) 582-962 economic.html or of its authorities, or concerning the delimitation of its frontiers or boundaries. http://www.ochaopt.org 24 PALESTINIAN DISPLACEMENT FMR 26 Identity and movement control in the OPT by Jennifer Loewenstein

Israel rigorously controls the identities of the four As a result of the Oslo Accords the act of issuing identity cards million Palestinians living under its control in the passed to the Palestinian Authority. West Bank, the Gaza Strip and East Jerusalem. The Nonetheless, because Israel retained occupying authorities have ingeniously engendered – and continues to retain – control statelessness for an entire population. over the Palestinian population registry, it is Israel that determines the rights and status of all Palestinians Since it occupied the OPT in 1967 Israeli government – through the living on occupied land. The PA has – and regardless of the Oslo process military occupation bureaucracy no power to intervene on behalf of – Israel has reserved exclusive power euphemistically known as the Civil its people. Information on the name, of civil registration and issuing of Administration – issued identity age, date and place of birth, political IDs for Palestinians. It unilaterally cards to the residents of territory affiliation and security record of all administers entry visas and work occupied in 1967. Those living in individuals are stored on a computer permits for the tens of thousands of the West Bank had orange cards, database accessed by Israeli officials Palestinian non-ID holders in the OPT those in the Gaza Strip had maroon at checkpoints and border crossings. and for foreign visitors. Israel controls ones and East Jerusalemites carried all access to and from the OPT, to blue cards which indicate Israeli Today, ID-holding residents of the and from enclaves/cantons it has residency but not citizenship. It made West Bank and Gaza are entitled established within to change the it and – despite colour of their ID ‘disengagement’ cards to green, – has total control the colour of ID over all human cards issued by and vehicular the PA, though traffic into and out some still carry of the Gaza Strip. the older Civil Administration In September 1967 versions. East Israel conducted Jerusalemites a snap census in still hold blue the territories it ID cards. The had just occupied. PA-issued ID Anyone not cards contain a registered photograph and had their relevant personal residency rights information. revoked. Tens While they of thousands of appear to Palestinians who be identity were studying, documents issued Maureen Clare Murphy/electronicintifada.net working or by a sovereign travelling abroad authority, in fact immediately lost any entitlement to no difference whether they had lived they are still directly linked to the residency and today have no official for generations in Palestine, whether Israeli-controlled population registry identity. Some of this group arbitrarily they were refugees, ‘official’ returnees and corresponding information dispossessed of any nationality (who accompanied officials of the database. The information printed on later applied to return through a Palestinian Authority back from exile the cards appears in Hebrew, Arabic ‘family reunification’ programme. following the 1993 Oslo Accords) and English. ID-card holders legally Some were granted the right to live or IDPs. Such terms are essentially reside in the OPT but are citizens of in the OPT as temporary visitors or meaningless within an Israeli- no land, hence encounter constant tourists but even this right has been dominated administrative landscape obstacles using their ‘passports’ difficult to obtain or to sustain. in which Palestinians are either for international travel and the legitimate or illegitimate residents constant difficulties that accompany Prior to the creation of the whose status can be altered at whim. stateless persons across the globe. Palestinian Authority in 1994, the FMR 26 PALESTINIAN DISPLACEMENT 25

Adnan is a Palestinian living in Gaza n been forced by circumstances to n contact the thousands of and married to an Algerian woman, acquire a nationality somewhere people still in Palestine and at Fatima. More than a decade ago in the world or else be left risk of being denied re-entry they applied for legalisation of her with no national identity to advise them not to leave residence but are still awaiting a and to share experience about response. Fatima cannot leave n those who lost their entitlement ways of proactive legal action Gaza because she has neither an to East Jerusalem residency as ID card nor passport. If she leaves, a result of study/employment n collect information and she may never be allowed back. abroad in 1967 and/or were document cases of entry victims of ‘quiet transfer’ and re-entry denial Particularly vulnerable are policies designed to reduce the Palestinians who were born in the Palestinian population of the city n urge consulates and embassies Gaza Strip but grew up in, went to of affected citizens to school in, found work in, or married n former residents of Kuwait, formally protest and protect and moved to the West Bank. (Such expelled in 1991 after Yassir Arafat their nations victimised by movement was relatively easy prior backed Saddam Hussein in the these Israeli practices.1 to the mid 1990s.) Gazans in the first US-Iraqi war, who returned West Bank may be deported back to the OPT but who overstayed Israel has ingeniously engendered to the Gaza Strip as Israel refuses to their temporary (tourist) visas statelessness for an entire population change their place of residence on as they had nowhere else to go. living under its control and the registry records. Gazan students As they are not included on the increasingly denies them any freedom studying at West Bank universities Palestinian population registry of movement. Because they would have been prohibited from returning they are considered illegal not be allowed to return to their to study after making brief visits residents and can be deported at homes if they left, those without home. Israeli authorities have now will by the Israeli authorities. IDs are effectively held prisoner by begun preventing Gazan students the Israeli state through a permit accepted for study at West Bank Foreign wives living in Palestine system that restricts even the most universities from even enrolling. with their husbands and children legitimate residents of these areas Travel to and from the Gaza Strip and for many years are now detained on from crossing into another zone. the West Bank is banned except for a arrival at Ben Gurion Airport and ‘Dispossession’ has taken on a small number of Palestinian ‘VIPs’. forced to purchase a ticket back to the new significance as millions have country of embarkation. One Western lost not only their land but also Palestinians living in the diaspora woman married to a Palestinian is any internationally-recognised who may have hoped to get into Gaza languishing in Jordan after 33 years validation of their identities. following ‘disengagement’ have been of exiting the West Bank every three prevented from doing so. Foreigners months. To make matters worse, her Even those fortunate enough to have aiming to travel to Gaza, but weary husband is being denied the right to legitimate residence ID cards still face of the lengthy security checks at Tel exit the West Bank to visit her, a tactic a permit regime which is even more Aviv’s Ben Gurion airport, discovered routinely used to punish Palestinian complex and ruthlessly enforced that they, too, are prohibited from activists since the occupation began. than the pass system of the apartheid entering through the Rafah Crossing. regime. Spontaneous movement The policy is affecting professionals from place to place has ground to a Many Palestinians without Israeli- and academics – of both Palestinian halt. Israeli ID policies are tearing validated IDs have had to regularly and Western origins – who are in apart families, ruining livelihoods leave the OPT to renew their tourist the OPT for teaching, development and preventing access to property. visas in order to continue living programmes, research or international Individual members of families – together with their families. Many activism. Israel is determined to including parents of young children – have been travelling outside the reduce the international presence are capriciously being prevented from OPT – typically to Jordan, Egypt or in the West Bank and Gaza. When returning to their homes. The silence Cyprus – every three months simply Palestinians protest on their own, of the international community in order to immediately return and the Israeli forces can and do use in the face of these violations of obtain a new Israeli visa. Israel has live ammunition against them. humanitarian law is ominous. made no formal announcement The presence of internationals is about a policy change but since a deterrent to such violence. Jennifer Loewenstein is a Visiting April has been systematically Research Fellow at Oxford denying return to the OPT via the University’s Refugee Studies international Israeli borders at Ben The Ad-hoc Committee for the Centre. She is writing a book on the Gurion Airport, Allenby Bridge, Protection of Foreign Passport Transformation of the Palestine Sheikh Hussein Bridge and Eilat. Holders Residing in and/or Visiting National Movement, 1994-2006: the Occupied Palestinian Territory the Rise of Hamas and the Fall of Those affected include: (CPFPH), launched in June 2006, is Fatah. She is a freelance journalist a support group of individuals and and has lived and worked in n naturalised Palestine-born citizens families affected by the new Israeli Jerusalem, Beirut and Gaza. Email: holding Western – and particularly policy to deny entry to foreign passport [email protected] American – passports who have holders to the OPT. CPFPH seeks to: 1. For further information, visit http://electronicintifada. net/bytopic/443.shtml 26 PALESTINIAN DISPLACEMENT FMR 26 ‘Quiet transfer’ in East Jerusalem nears completion by Elodie Guego

Israel is close to implementing a long-term plan to expropriation is continuing. Today a mere 7% of the area of East Jerusalem transform the demographic structure of annexed remains available to Palestinians. East Jerusalem. Policies to revoke the residency Confiscated land has mostly been permits of Palestinian Jerusalemites and to Judaise used for the construction of Jewish the city have been described as ethnic cleansing. settlements and settlers’ bypass roads, in violation of international humanitarian law prohibiting an After victory in the 1967 Six Day Under the post-1967 plan designed by occupying power from transferring war, Israel annexed East Jerusalem Israeli military commanders, heavily part of its own population into – that part of the city that had been populated Palestinian areas were territory it has occupied. The under Jordanian rule since the not included, but land belonging Jerusalem Municipality has end of the British Mandate in 1948 to several Palestinian villages expediently used zoning restrictions – together with an additional 64 was incorporated into Jerusalem. to establish ‘green areas’, supposedly square kilometres which had been Those who were left outside the set aside for environmental and part of the West Bank. Jerusalem new municipal boundaries, or who recreational purposes, but actually thus became Israel’s largest city and happened to be outside Jerusalem deployed as a tactic to remove the was declared to be its ‘united and in 1967, remained residents of the land from Palestinian use and create eternal capital’. The international West Bank and, as such, subject to a reserve for Jewish housing.1 community, led by the UN, has military rule. The Israeli government continuously denounced this act of conducted a census of the Palestinian The Town Planing Scheme (TPS), unilateral annexation, arguing it is a population living within the city’s another key instrument of ‘quiet violation of the fundamental principle new administrative boundaries and transfer’, restricts building permits in international law prohibiting granted permanent residency status in already built-up areas, the only the forcible acquisition of territory. to the Palestinians residents of the areas available for Palestinian The international community annexed areas. They were entitled use. TPS has been used to restrict has consistently considered East to become Israeli citizens provided the development of Palestinian Jerusalem to be an occupied territory, they agreed to swear allegiance to neighbourhoods. Palestinians are thus akin to the West Bank and Gaza. the State of Israel. Mass refusal to only permitted to build one- or two- recognise Israeli sovereignty over storey buildings while adjacent Israeli Their support of the Palestinian occupied Jerusalem meant that only housing units may have up to eight claim to East Jerusalem was bolstered 2.3% of Palestinian Jerusalemites floors. Palestinians must go through by the fact that at the time of became Israeli citizens. The others a complex and time-consuming occupation Palestinians constituted became permanent residents of administrative process to obtain a the majority of residents in this sector Israel subject to Israeli law and building permit. These cost around of the city. Israel has engaged in a jurisdiction, just as foreigners $25,000 – a considerable obstacle as demographic battle to secure Israeli who voluntarily settle in Israel. Palestinian incomes are significantly sovereignty over the whole city. below those of Israelis. Palestinians For almost four decades successive Jerusalem permanent residency status obtain a disproportionately small governments have implemented differs significantly from citizenship. percentage of the building permits policies designed to transform the Permanent residents of Israel are issued every year by the Jerusalem city’s population structure and ensure entitled to live and work in Israel Municipality. Only 7.5% of the the numeric superiority of Jews. without special permits, to receive homes legally built during the period Until the construction of the Wall in social benefits from the National 1990-1997 belong to Palestinians. and around East Jerusalem, these Insurance Institute and to vote in local objectives were pursued through a elections. Permanent residency is not series of discriminatory regulations automatically granted to the holders’ Centre of life to reduce the Palestinian population children or spouses, however, and by rendering their lives increasingly permanent residents, unlike Israeli In 1995 the Israeli Interior Ministry intolerable and encouraging the citizens, do not enjoy the right introduced a new regulation growth of Israeli settlements in to return to Israel at any time. requiring Palestinian residents to Palestinian neighbourhoods. Today prove they had continuously lived the approximately 230,000 Palestinian Between 1967 and 1994 Israel and worked in Jerusalem during the Jerusalemites represent around 30% confiscated 24.8 square kilometres preceding seven years. The standard of Jerusalem’s total population. of land in East Jerusalem, 80% of of proof demanded is so rigorous that it belonging to Palestinians. Land even persons who have never left FMR 26 PALESTINIAN DISPLACEMENT 27

Jerusalem have difficulties in meeting Jerusalem neighbourhoods which number of houses demolished for it. Palestinians who fail to prove are entirely dependent on the city for lack of building permits has grown that their ‘centre of life’ is Jerusalem their survival and the approximately significantly According to the risk having their residency status 50,000 Palestinian permanent Israeli human rights organisation, revoked and their requests for family residents forced to relocate due to B’tselem, between 1999 and 2003 in reunification and child registration the discriminatory tax regime and East Jerusalem 229 houses and other rejected. The number of Jerusalem the building permits’ restrictions structures were demolished while in residency ID cards confiscated after imposed by Israeli authorities. 2004 and 2005 alone 198 houses were promulgation of the ‘centre of life’ demolished, displacing 594 people.3 policy rose by over 600%. Suburbs Palestinians holding Israeli permanent This acceleration coincides with on Jerusalem’s outskirts, to which residency permits who now find new land expropriations and plans many East Jerusalemites had moved themselves on the West Bank side for the development of new Jewish as a result of earlier discriminatory of the Wall, particularly those living settlements in the heart of Palestinian policies, were declared to be outside outside Jerusalem’s boundaries, are neighbourhoods such as in Ras- Jerusalem, thus removing the set to lose their residency status al-amud or the Mount of Olives. residency rights of over 50,000 people. under the ‘centre of life’ policy. In order to defend their claims to The Wall makes many unable to The construction of the Wall along residency and the social rights which reach their places of work and basic and inside Jerusalem’s municipal go with it, some 20,000 borders will definitively Palestinians returned to prevent the return of The Dome of live within Jerusalem’s Palestinians expelled the Rock, East Jerusalem municipal boundaries. from Jerusalem by land confiscations, Israel’s ‘centre of house demolitions or life’ policy seriously pressure from extremist affects Palestinians’ settlers’ groups. They entitlement to health will lose their rights to and social benefits, to permanent residency family reunification, in Jerusalem under the child registration and ‘centre of life’ policy membership of the and will no longer Israeli national insurance be able to enter the scheme. The ‘centre city without special of life’ is verified for International Jeffrey/ACT Paul permits. The properties each annual renewal that they have of spouses’ residence abandoned in Jerusalem permits. Thousands of Palestinian services inside Jerusalem which they risk being seized under Israeli’s children born in Jerusalem of parents must do to retain Israeli residency Absentee Property Law. who do not both hold a Jerusalem ID status. Family members who do not have been denied registration and are hold permanent residency cards This eight-metre-high Wall has unable to exercise their basic rights, will now be unable to circumvent given Israel a pretext to achieve including their right to education. Israeli regulations on residency and long-established goals under the While the ‘centre of life’ policy had their spouses holding an Israeli ID guise of security. Jerusalem is at the been officially discontinued, the will have to choose between living heart of all the antagonisms in the outbreak of the Al Aqsa intifada in on a different side of the Wall or Middle East. International silence September 2000 led to its reactivation. losing their jobs and residency and failure to speak out against Since May 2002, Israel has refused rights in Jerusalem. According Israeli’s transfer strategy are likely to accept applications for family to the UN Special Rapporteur on to have irreversible consequences unification and refused to register the Situation of Human rights and destroy regional prospects for the children of permanent residents in the OPT, “Israel hopes to peace. The transfer of Palestinians who were born in the OPT. further reduce the Palestinian will soon be an undisputed reality population of East Jerusalem by but should not remain ‘quiet’. The Wall consolidates the objectives compelling spouses to move to of the ‘centre of life’ policy. It not only the West Bank side of the wall.”2 Elodie Guego, a lawyer specialised isolates East Jerusalem from the West in human rights law, worked as a Bank and effectively incorporates it The housing crisis and the level volunteer in the OPT in 2005 and to Israel but also divides Palestinian of overcrowding of Palestinian is currently Assistant Country neighbourhoods of East Jerusalem. neighbourhoods are such that Analyst at the Norwegian Refugee The Wall is being erected to the west Palestinians have been forced outside Council’s Internal Displacement of neighbourhoods previously part the city’s municipal boundaries Monitoring Centre, Geneva. Email: of the municipality of Jerusalem or compelled to build homes in [email protected]. (the Shu’afat refugee camp and West violation of Israeli laws. By building Anata with a population of 55,000), illegally they expose themselves to 1. JCESR, www.jcser.org/english/ 2. UNCHR, E/CN.4/2006/29, 17 January 2006, para.34. most of whose inhabitants hold high fines and the threat of house 3. B’tselem, www.btselem.org/english/Planning_and_ Jerusalem IDs. It also separates from demolition. In recent years, the Building/Statistics.asp. 28 PALESTINIAN DISPLACEMENT FMR 26 The message of the bulldozers by Jeff Halper

House demolitions reflect the refusal of Israel to has become more difficult and because data published by the Israeli acknowledge that there is another people living in the Defense Force (IDF) lacks credibility. country with legitimate claims and rights of their own By expropriating land, blocking Israel’s policy of demolishing (demolishing homes of people preparation of town planning Palestinian homes is part and parcel accused of security offences) or for schemes for Palestinian of an overall policy of displacement purposes of intimidation. Throughout neighbourhoods and restricting in which 80% of the Palestinians have Israel proper, in the ‘unrecognised’ building permits, the Jerusalem been pushed from what has become Palestinian and Bedouin villages, and Municipality has caused a severe Israel. Almost half of the entire in the Palestinian neighbourhoods housing shortage. Many Palestinian Palestinian people (those living in of Ramle, Lod and other Arab residents of East Jerusalem are forced the Occupied Territories) are being Israeli towns and cities, houses to build without permits, only to confined to a truncated Bantustan. continue to be demolished. find their houses are demolished Millions of refugees continue to by the Ministry of Interior and the languish in camps and ‘Israeli Arabs’, After 1967, the process – and message Municipality. Forced to relocate to Palestinian citizens of Israel, find their – of displacement was carried across homes outside the city, they then own status increasingly threatened. the Green Line into the occupied lose their Jerusalem residency and territories of the West Bank, East are banished from the city forever. “In our country there is room only for Jerusalem and Gaza. Israeli bulldozers the Jews. We shall say to the Arabs: Get have demolished more than 11,000 out! If they don’t agree, if they resist, Palestinian homes since 1967. Nour Eldin Domiry spent 28 we shall drive them out by force.” years working for the Israeli Civil Professor BenZion Dinur, Israel’s n At least 2,000 houses were Administration as a police officer in First Minister of Education, from demolished in the aftermath of Jerusalem. He has a large plaque History of the Haganah (1954) the 1967 war – including four and a shelf full of commendations entire villages in the Latrun area for his faithful service. In April 2003, House demolitions have stood at (now known as ‘Canada Park’) two months after retiring, his home the centre of Israel’s approach to and the Mughrabi Quarter in – which he had financed from his life ‘the Arab problem’ since the state’s front of the Western Wall. savings and a loan – was demolished. conception. Between 1948 and 1954, n In 1971 Ariel Sharon ordered He had not obtained a permit for the Israel systematically demolished 2,000 houses in the Gazan refugee house he had built as he could not 418 Palestinian villages – 85% of all camps to be razed to the ground. afford the $20,000 fee demanded. The demolition team was led by his Palestine’s villages. Demolitions have n At least 2,000 houses were old boss. Amidst the wreckage of his been at the heart of the broad process destroyed in the course of putting old house he built a rickety, tin-roofed of displacement (euphemistically down the firstintifada in the two-room house so he and his family dubbed ‘transfer’ by Israelis). The late 1980s and early 1990s. policy of house demolitions serves to would have a place to stay. He still n In April 2002 massive D-9 A Palestinian confine Palestinians to small islands owes the balance of the loan from girl searches Caterpillar bulldozers laboured for or is used to enhance Israeli ‘security’. his first house and also owes a fine through the three days to demolish over 300 It is also used as a form of collective of $50 per square metre of his old rubble of her homes at the heart of the densely- house in Nablus. punishment, either for ‘deterrence’ house – the municipality’s standard packed Jenin refugee camp. demolition fee. His new dwelling now Data has a demolition order against it. He concerning is unable to afford a lawyer as his new house job as a security guard is so badly demolitions in paid. His entire professional career the West Bank was spent with an overwhelmingly is problematic Jewish organisation, the Jerusalem because Police Department. If this is how there are no Israel treats those who collaborate, international what is it like for people who resist? agencies working Many of the thousands of Palestinians systematically in the OPT facing demolition of their in the field, ‘illegal’ dwellings began building because during the early years of the Oslo accessibility process in the mid 1990s. Encouraged for Israeli by the prospects of peace, many organisations returned to their home towns and Paul Jeffrey/ACT International Jeffrey/ACT Paul FMR 26 PALESTINIAN DISPLACEMENT 29 villages and invested in new homes. rifles as they enter with impunity and national-religious fanaticism. At the time, many thought the policy families’ living rooms, taking pictures, Polarisation characterises the relations of demolitions would cease. Indeed, climbing to the roof or searching between right and left, Jewish and the Civil Administration gave them the house or yard. They humiliate Arab citizens, Jews of European and to believe that since most of the the adults, terrify the children. Middle East origin, the working and land was going to be handed over to middle classes, religious and secular. Palestinian control they would face While all countries and cities have Israelis are increasingly isolated from no demolition problems – even if the planning regulations, zoning and the world. Young Israeli men and process had not formally changed. enforcement mechanisms, Israel is the women are themselves brutalised only Western country and Jerusalem as they are sent as soldiers to evict Today there are over 2,000 demolition the only city that systematically Palestinian families from their orders outstanding. The day of deny permits and demolish houses homes. Even the beauty of the land reckoning arrives without warning. of a particular national group. These is destroyed as the authorities rush When demolitions take place they actions, reminiscent of apartheid- to construct ugly, sprawling suburbs are carried out seemingly at random. era South Africa and the Serbs in and massive highways in order to The wrecking crews, accompanied Kosovo, clearly violate international ‘claim’ the land before Palestinians by soldiers, police and Civil covenants of human rights: creep back in. Aesthetics, human Administration officials, usually rights, environmental concerns, come in the early morning just after n Under the Hague Regulations education and social justice cannot the men have left for work. The of 1907 and the Fourth Geneva coexist with displacement and family is sometimes, but not always, Convention, Israel is required occupation. ‘Fortress Israel’, as we call given up to an hour to remove their as an occupying power to it, is by necessity based on a culture belongings before the bulldozers protect and ensure the needs of of strength, violence and crudity. move in. As family members and the Palestinian population. neighbours usually put up some n The Universal Declaration The bulldozer deserves to take its kind of resistance – or at least protest of Human Rights states that rightful place alongside the tank – they are often removed forcibly “Everyone has the right to a as a symbol of Israel’s relationship from the house. Their possessions standard of living adequate for the with the Palestinians – the tank as are then thrown out of the house health and well-being of himself symbol of an Israel ‘fighting for its by the wrecking crews (often and his family, including food, existence’ and for its prowess on the foreign guest workers). In addition clothing, housing.” (Article 25.1) battlefield, and the bulldozer for the to the demolition of the house, n The International Covenant on dark underside of Israel’s ongoing the destruction of their personal Economic, Social, and Cultural project of displacing Palestinians property is a serious financial blow Rights “recognize[s] the right from the country altogether. – not to mention the emotional of everyone to an adequate suffering of people seeing their most standard of living...including Jeff Halper is Coordinator of personal possessions broken and adequate food, clothing, and the Israeli Committee Against thrown out into the rain, sun and housing.” (Article 11.1) House Demolitions (ICAHD) and dirt. Then the bulldozer begins its Professor of Anthropology at Ben n The International Convention on work of demolition, taking between Gurion University, Beer Sheva, the Elimination of All Forms of one and six hours depending on Israel. Email: [email protected] Racial Discrimination obligates the size of the house. Sometimes state parties “to guarantee the right demolition is resisted amidst great of everyone, without distinction violence: people are beaten, jailed, The Israeli Committee Against House as to race, colour, or national sometimes killed, always humiliated. Demolitions (ICAHD) www.icahd. or ethnic origin, to equality org is a non-violent, direct-action before the law..., in particular the The work is overseen by a supervisor group resisting Israeli demolition right to housing.” (Article 5) from one of the respective of Palestinian houses, land government authorities (the Civil n The Global Strategy for Shelter expropriation, settlement expansion, Administration in the OPT, the to the Year 2000, adopted by by-pass road construction and Jerusalem Municipality or the the UN General Assembly policies of ‘closure’ and ‘separation’. Ministry of Interior in Jerusalem). (Resolution 43/181, 20 December ICAHD comprises members of many The supervisors of the Civil 1988), declares that “The right to Israeli peace and human rights Administration, most of whom are adequate housing is universally organisations. ICAHD’s work is settlers, are known to be particularly recognised by the community coordinated with local Palestinian brutal. They play a major role in the of nations. Governments [must] organisations. ICAHD aids Palestinians psychological warfare of intimidation accept a fundamental obligation in filing police claims, in dealing with that is such an integral part of the to protect and improve houses the Israeli authorities, in arranging planning and enforcement processes. and neighbourhoods, rather and subsidising legal assistance Their white Toyota jeeps, usually than damage or destroy them.” and coping with the traumas and accompanied by military vehicles, tribulations of life under occupation. strike fear as they tear through Fear that the displaced might yet ICAHD mobilises Israelis and villages looking for ‘violations’ of rise again and claim their patrimony Palestinians to rebuild demolished building codes. They will often speed prevents Israelis from enjoying the houses as acts of resistance. up to a house, slam on the brakes, fruits of their power. The country jump out yelling and waving their has been seized by rising xenophobia 30 PALESTINIAN DISPLACEMENT FMR 26 Just a wall? by Tim Morris

According to Israel the West Bank Barrier is a security ICJ declared not just the Wall but the measure. Opponents argue that it is set to become a gate system and the permits illegal, the UN and NGOs are not applying de facto border, pre-empting final status negotiations for permits for their local staff, between Israel and the Palestinians and incorporating thereby jeopardising their ability to illegal settlements into Israel. continue mobile health services and supplementary food distribution. The Israeli government began it to the Green Line. However, building the Separation Wall in the international community has If, as many suspect, Israel intends June 2002. Now half-completed, it is taken no substantive action to the Wall to become its permanent projected to run for almost 700km. stop the construction of the Wall international border, the seam zone Almost 75% of its total length is inside in occupied Palestinian territory. will be formally annexed by Israel. the West Bank, rather than along There is speculation that, instead of the Green Line, the internationally- The lands between the Wall and offering seam zone residents Israeli recognised border between the state the Green Line have been declared citizenship, they will be exchanged of Israel and the West Bank. In some by Israel as a ‘seam zone’ where all for an equal number of Jewish settlers areas – notably in occupied East residents and landowners must obtain who will relocate behind the Wall. Jerusalem and around the Palestinian a permit to remain in their homes city of Qalqilya – the Wall is an and on their lands. When the Wall is eight-metre-high structure of solid finished some 65,000 Palestinians will The Wall itself takes the West concrete. Twice the height of the require permits to cross the Wall into Bank’s most valuable agricultural Berlin Wall, many of these sections the rest of the West Bank. In areas lands and water resources, along have armed sniper towers every 300 where it is completed, schoolchildren with Palestinian East Jerusalem. metres. Elsewhere it is part concrete, living in the seam zone and attending Settlement expansion to the east of part fence. It is surrounded by a schools on the Palestinian side and the Wall and Israeli control over the buffer zone with trenches, barbed farmers wishing to go to market have Jordan Valley will take more of the wire, electrified fencing, thermal to queue up awaiting the arrival of lands and resources necessary for imaging, video cameras, aerial an Israeli military jeep to come and a future Palestinian state. Without drones and other security measures. open the gate. Gates generally close access to these vital land and at four o’clock in the afternoon. water resources, or the Palestinian The Wall cuts deep into the West Palestinian ambulances are not capital East Jerusalem, there can Bank – one section penetrates 14km allowed to enter the seam zone. Some be no viable Palestinian state. into Palestinian territory – in order Palestinians who have not renewed Without a viable Palestinian state, to envelop Israel’s extensive network their Israeli-issued ID cards are now there can be no viable peace. of settlements and their planned permanently trapped inside the seam expansion areas. Fifty-six Jewish zone, afraid that if they go through Negotiations Affairs Department, settlements – home to over 170,000 the gate into the West Bank they will Palestine Liberation Organization settlers – will lie between the Wall be barred from returning to their and the Green Line. When the families. Fearful for their security, additional Jewish settlements in East some parents have stopped sending Tim Morris is one of the Editors of Jerusalem are taken into contact, three their daughters to school on the FMR. Email: [email protected] quarters of the 425,000 settlers will other side of the Wall. Because the be living behind the Wall. If current Information in this article plans are implemented the Wall will is derived from: annex 10% of the territory of the West Bank. The total construction n Humanitarian Emergency Policy cost is over $2 billion – six times Group www.humanitarianinfo. the annual budget of UNRWA. org/opt/docs/UN/OCHA/ OCHABarRprt-Updt6-En.pdf The Wall has been the subject of four UN resolutions, one – vetoed n B'tselem www.btselem.org/ by the US – in the Security Council English/Separation_Barrier/ and three in the General Assembly. In July 2004 the General Assembly n Address by Ray Dolphin overwhelmingly reaffirmed the (author of The West Bank Wall: judgement of the International Court Unmaking Palestine, March of Justice that the wall is in violation 2006, ISBN: 0745324339) www. of international law and called on thejerusalemfund.org/images/ Israel to demolish it or relocate fortherecord.php?ID=278 Paul Jeffrey/ACT International Jeffrey/ACT Paul FMR 26 PALESTINIAN DISPLACEMENT 31 Wall mitigation efforts: legal and practical tensions by Chareen Stark

Assisting communities affected by the Wall often involves the replanting of trees destroyed during the construction of the difficult decisions. Does assistance contribute to the Wall. Hundreds of families on both permanence of the Wall or legitimise its existence? sides of the Wall benefit from this project in which Arab-Israelis in Under international humanitarian for the damage caused by its Israel assist West Bank Palestinians law an occupying power is construction. The ICJ’s ‘advisory in an effort to prevent confiscation solely responsible for providing opinion’ requires all states “not of ‘unused’ land by Israel. humanitarian assistance to the to recognize the illegal situation people of the territory it occupies. resulting from the construction” UN agencies’ approaches to Wall In the occupied Palestinian of the Wall and “not to render mitigation vary. The 2005 annual territory, this responsibility lies aid or assistance in maintaining report of UNRWA’s Commissioner- with Israel. However, the reality the situation created by such General to the GA notes that the Wall is that since 1967 the international construction.” The GA’s adoption has caused deteriorating conditions community has largely borne this of Resolution ES-10/152 affirms the for refugees in its vicinity.6 UNRWA burden. Today many donor and legal obligations of Israel – as well does not have a special programme humanitarian aid agencies are as those of High Contracting Parties exclusively targeting Wall-affected engaged in mitigating the effects to the Fourth Geneva Convention3 refugee communities. However, of the Wall through humanitarian – to respect these findings. some are directly or indirectly and development projects. included for humanitarian assistance In the wake of the ICJ advisory as they meet eligibility criteria set opinion, many donor and by the Agency. WFP includes Wall- humanitarian aid agencies do not affected communities among its want to create infrastructure such as targeted beneficiaries. UNICEF roads or schools that would not be ensures that Wall-disadvantaged necessary were it not for the Wall. children are prioritised for However, the advisory opinion does remedial education support. not give clear guidelines to states vis-à-vis acceptable Wall mitigation Wall mitigation projects are projects. This topic has been the problematic in terms of implementing subject of debate and remains unclear. projects that address the lack of access Some states refuse to engage in to basic services due to the Wall while Wall mitigation projects at all, while respecting international law. The the trend is to respect the advisory socio-economic crisis induced by the opinion by funding short- rather than Wall and the occupation requires the long-term Wall mitigation projects implementation of serious long-term – such as mobile health clinics in solutions rooted in international law. lieu of permanent health facilities.4 The ICJ advisory opinion and the These issues beg a broader concern: ensuing General Assembly Resolution how governments can respect remind Israel and other states of their international law while helping to obligations under international law. provide for the humanitarian needs of Wall-affected communities. The author’s email is chareen.

Banksy [email protected] As they are not states bound to the ICJ advisory opinion which reaffirms 1. www.icj-cij.org/icjwww/idocket/imwp/ imwpframe.htm In July 2004, in response to a UN customary international law, some 2. www.palestine-un.org/res1015.html General Assembly (GA) request, the NGOs tend to have more leeway 3. www.icrc.org/ihl.nsf/WebList?ReadForm&id=380& International Court of Justice (ICJ) with Wall mitigation projects. For t=art found that the Wall and its associated example, two Palestinian NGOs 4. See Hampson A and Abou Azzam J, Wall Mitigation: Implications for Donors and Implementing Agencies régime constitute a violation of – the Palestinian Agriculture Relief Operating in Areas Affected by the Separation Wall, www. 5 international human rights and Committees and the Union of reliefweb.int/library/documents/2005/ international humanitarian law.1 Agricultural Workers Committee lacc-pse-30jan.pdf The Court called for the immediate – partnered with an Arab-Israeli 5. www.pal-arc.org cessation and dismantling of the Wall NGO, Al-Ahali, in an innovative 6. www.un.org/unrwa/publications/pdf/ comgen-report2005.pdf and for Israel to make reparation mitigation project which includes 32 PALESTINIAN DISPLACEMENT FMR 26 Emergency assistance for farmers affected by the Wall by Saed Essawi and Emily Ardell

Construction of the Wall in the occupied Palestinian territories Efforts focused on improving has had a harsh impact on Palestinian farmers, separating existing systems. The contractor 1 and local farmers worked together many from their land. Catholic Relief Services Palestine to rehabilitate or replace existing has initiated a project to try to mitigate the impact. machinery and install new irrigation pipes. Eight cement pools were The Wall follows a zig-zag path, in Catholic Relief Services (CRS), in constructed to store water in areas some places deviating up to 14km partnership with the Mennonite where the primary water source from the internationally recognised Central Committee (MCC)2 and the was inaccessible during certain Green Line which separates Israel Palestinian Hydrology Group (PHG)3, hours of the day. Project teams from the OPT. The Wall comes very has initiated a project for ‘Emergency repaired buildings housing the wells. close to several Palestinian towns and assistance to farmers affected by the Whenever possible, PHG engineers villages. In many cases this means separation wall’. An initial meeting and MCC and CRS staff visited the farmland next to or near these towns with farmers provided a forum for locations despite the difficulty in has been ‘moved’ to the Israeli side of discussion of the project’s budget, passing from one side of the Wall the Wall. Many Palestinian farmers the technical role of PHG and the to the other. Farmers contributed are now physically separated from farmers’ own involvement prior to to the project in cash or in kind (or both their land and water sources and during project implementation. both) and took responsibility for – and risk losing their only source Priorities were identified and following up on the implementation of income in an already struggling farmer committees established of project activities in cooperation economy. In the northern districts of and approved by municipal or with the PHG engineers. Tulkarem and Qalqilya at least 6,000 village councils. Agreements were farms have been directly affected. signed with each beneficiary to Project staff encountered several These districts represent some 20- clearly outline the responsibilities challenges. It was very difficult to 25% of total Palestinian agricultural of everyone involved in the project. transfer materials and tools from production. Many irrigation networks The construction company was the Palestinian side of the Wall to The Wall, have been destroyed by military chosen partly on the basis of farmlands. Israeli soldiers controlling surrounding and Wall construction vehicles. having permission from the Israeli entry/exit gates often refused to Qalqilya in the West Bank. authorities to work along the Wall. allow the contractors to transfer Paul Jeffrey/ACT International Jeffrey/ACT Paul FMR 26 PALESTINIAN DISPLACEMENT 33 Paul Jeffrey/ACT International Jeffrey/ACT Paul materials or large tools. The teams water, at a greatly reduced cost to The Wall is a source of extreme have had to find alternate routes to farmers. A total of 5,901 farmers have economic, social and political reach fields, necessitating long and benefited from these improvements tension for communities in the West time-consuming journeys. Many in the Tulkarem and Qalqilya areas. Bank. While CRS is pleased with farmers still find it impossible to take Beneficiaries whose lands are the positive impact of an initiative agricultural tools from their homes located behind the Wall have been to provide farmers with income to their fields. We have not been able encouraged to continue planting and incentives to remain on their to find a way around the restrictions and looking after their lands, rather land, we also recognise that the preventing farmers transferring their than abandoning them. With the existence of the Wall has broader crops through the Wall to reach West improved irrigation system in place, consequences that cannot be resolved Bank markets or to challenge the the farmers now have a much greater by the programme alone. There are long-established prohibition on sale incentive to stay and to continue many complex issues that require of Palestinian agricultural products in investing in their land. Stemming international attention if there is Israeli markets. Whether or not goods migration of Palestinians away from to be economic and social justice are allowed through gates depends fertile areas helps to maintain the in the West Bank. By reducing the on decisions made by Israeli solders, equilibrium of populations in these negative impact of the Wall on local at their discretion and without areas, a necessary factor in ultimately populations, we have only addressed predictability. Facilitating this process establishing a just resolution. one small component of the problem: was not one of the primary objectives the Wall itself. In the words of the late of this project but is vital to sustaining Another positive result has been Pope John Paul II, “the Holy Land agricultural livelihoods. Substantial improved relations between farmers does not need walls, but bridges!” advocacy is needed to guarantee working on neighbouring plots farmers the rights to transport of land. Previously, plastic pipes Saed Essawi has worked for CRS agricultural tools, machinery and connected directly to the water for eight years on emergency harvested goods through the Wall. source criss-crossed neighbours’ programming. Email: sessawi@ lands, creating tension between the crsjwbg.org Emily Ardell recently farmers. The new network allows graduated from the Johns Hopkins Project results and conclusions each farmer to access one of several School of Advanced International branch pipes, eliminating the need Studies and is currently working as The technical assistance succeeded to cross over each other’s land. an International Development Fellow in improving water volume flow and Preventing tension and improving for CRS. Email: [email protected] reduced operating costs. The end communication between local farmers 1. www.crs.org result is a much larger area of land promote cohesiveness and strengthen 2. www.mcc.org irrigated with adequate amounts of capacity for future advocacy. 3. www.phg.org 34 PALESTINIAN DISPLACEMENT FMR 26 Impressions from a visit to Palestine by Julian Gore-Booth

In November 2005 I returned to Palestine for the All major towns are surrounded by permanent checkpoints. At first time in over a decade. I knew that a lot of things the entrances to Jerusalem from would have changed for the worse. Restrictions on Ramallah and from Bethlehem, the daily life are now even harsher than I remembered scene resembles the grimmest of but one change in particular left me speechless. international borders with queues stretching for hundreds of metres Israel’s so-called Separation Bank aquifer which runs close to the under the watchtowers and concrete Barrier is monstrous, a political surface along much of this area. slabs of the Wall. It can take three and humanitarian catastrophe or four hours for Palestinians to that threatens any final negotiated reach their places of work. The West settlement, cuts Jerusalem off from Life in the ghetto Bank is now divided into at least its hinterland, separates farmers five areas with movement between from their fields, divides families Farmers wanting to work their fields the regions easy for settlers and and provides yet another source of can only cross into them with permits internationals but frustratingly humiliation for the Palestinian people. and only at strictly designated 15- difficult – and soon likely to be minute ‘opening times’ early in the impossible – for Palestinians. The Wall reaches deep into the morning or late afternoon. Permits heart of the West Bank. Settlement once given are then taken away, as The most famous of the newly created blocks, rather than being part of yet another form of punishment. ghettos is Palestinian Jerusalem, and negotiations, are clearly expected Villages that used to be viable it is perhaps here that the signs are to expand and the route of the Wall thoroughfares are now silent. Israelis the most sinister. West Bankers can no longer come into the city without endless permits and checkpoints and Jerusalemites are cut off from their hinterland. Palestinians in Jerusalem feel increasingly isolated and increasingly desperate. From 1992-1994 I lived in two different flats in East Jerusalem about 100 metres apart. One of these is now inside Jerusalem; the other, in Abu Dis, is cut off from Jerusalem in the West Bank. Shops and families that I used to visit by crossing the road are now cut off from each other; old men who have prayed at Al Aqsa all their lives can no longer do so; and children cannot reach schools.

As an international I breezed through the checkpoints, pretended I was a tourist or simply waved my passport at incredulous soldiers.

Gore-Booth As an international I got on a plane and came home. As an international I am embarrassed and ashamed. gives them ample room to do so. themselves, including retired army On the western axis of the West generals, have spoken out against Julian Gore-Booth is Director of Bank there are areas where the Wall the Wall – and yet construction the Karim Rida Said Foundation, reaches across the Green Line for persists. The Wall, checkpoints, a London-based NGO working no apparent reason other than to earth barriers and endless permits to bring lasting change to the expropriate some of the most fertile confine Palestinians to ghettos. Towns lives of children and young people land that the Palestinians had left have become isolated and villages in the Middle East. (www.krsf. and, perhaps even more importantly cut off from their markets, with org). Email: [email protected] for the Israelis, the water of the West essential services – such as hospitals – frustratingly difficult to reach. FMR 26 PALESTINIAN DISPLACEMENT 35 Democratic choice punished by Ibrahim Hewitt

The victory of Hamas in the January 2006 Palestinian locally through Zakat Committees which are themselves licensed and legislative elections, Israel’s subsequent decision to audited by the PA Waqf Ministry. withhold tax payments and the refusal of donors to provide funds to the Palestinian Authority (PA) have grave implications for the welfare of individuals, “Although the Palestinian economy is soaking up huge levels of aid for democracy and for Palestinian civil society. from the international community, that aid is simply mitigating the Palestinian incomes have fallen households now depend on some effects of the Israeli blockade. Not by 40% over the last four years. form of humanitarian assistance. only is the international community The economy has been shattered Over two thirds have an income of effectively subsidising the costs of by sieges, curfews, restrictions on less than $2 per person per day. the occupation and relieving Israel, movement of people and goods, and as the occupying power, of the need targetted destruction of infrastructure. Employing 140,000 people, the PA to provide for the Palestinians; the is the largest single employer Israeli economy actually benefits in Palestine. The PA employs from those donor funds because 37% of those with employment 45% of every dollar of aid for the in Gaza and 14% of the Palestinians is spent in Israel. From working population of the 2000 to 2004, the aid doubled to West Bank. The PA will not almost $1 billion a year, but because be able to pay their salaries of the curfews and closures actual and provide adequate public personal incomes in Palestine fell by sector services, such as those 40%. The economy can recover only if provided by hospitals and external borders are opened, internal schools, with an empty coffer. borders between Gaza and the West The UN fears that prolonged Bank are relaxed and Palestinian suspension of the salaries on labour is allowed into Israel. However, which a million Palestinians Israel continues to control completely depend will encourage all the borders of Gaza, including criminality and lawlessness. that with Egypt and the sea and the air borders … the current Israeli Throughout the occupation government is creating facts on the Interpal Christian and Muslim faith- ground that will completely rule out based institutions have helped a viable and contiguous Palestinian Intimidation by settlers and the Israeli plug gaps. In the OPT a range of state … a series of disconnected army, the construction of the Wall and Islamic schools, orphanages, hospitals Bantustans, totally under the control arbitrary taxes, fines and levies have and clinics work with the PA. In of Israel and totally dependent on it… bankrupted businesses. The 110,000 Islamic schools children use PA Palestinians (22% of the working textbooks and the PA curriculum Israeli strategy is leaving ordinary population) who worked in Israel (with additional classes on Islam). Palestinians with no hope for any or in Israeli settlements before the Islamic schools are licensed by the improvement for their future and second intifada have been replaced by PA Ministry of Education. Without is undercutting moderates in the migrant labour. Tourism has collapsed Islamic institutions for the blind, deaf Palestinian community who want to now that Bethlehem is hemmed in on and handicapped, these groups of find a negotiated solution. People all sides and cut off from Jerusalem. children would receive no education such as President Abbas have almost at all. Many Islamic societies fund and nothing to show to Palestinians Palestine has thus become the most support fatherless children or those as an example of what has been foreign-aid dependent society on abandoned by their fathers. Some delivered through the negotiation earth. With only a negligible local of these are orphans of ‘martyrs’ – a route. Instead, negotiation seems tax base, in 2005 the PA’s budget term used to describe anyone killed to have delivered a worse and of approximately $1.9 billion came by the Israelis whether involved in worse lifestyle for Palestinians. from three main sources: $570 resistance or as a bystander – but they … the temptation is for more and million provided by nations of the also fund orphans of collaborators, more Palestinians to conclude that European Union, $363 million by and children whose fathers die of violence is the only answer.” the US and approximately $55m per disease or accidents. Support can month remitted by Israel from taxes include food parcels, school bags Dr Phyllis Starkey MP, Hansard and customs revenues collected of books and funding for education 26 Oct 2005 : Column 94WH from Palestinians by the occupation or residential care in an orphanage. authorities. Eighty per cent of Most of these projects are funded 36 PALESTINIAN DISPLACEMENT FMR 26 Interpal

Dov Weisglass, an adviser to Ehud by the global war on terror. The motivating the 45% of the Palestinian Olmert, the Israeli Prime Minister, democratic process dictates that any electorate who voted for Hamas. reflected Israeli policy when he said: party elected fairly and judiciously “The idea is to put the Palestinians by the majority of the people has The humanitarian situation in on a diet, but not to make them die of the legitimacy to rule and must be Palestine is so dire that government- hunger.” Hunger pangs are supposed accorded the courtesies and rights to-government aid alone will not to encourage the Palestinians to befitting an elected government. All be enough to ensure that the basic force Hamas to change its attitude the Western governments which needs of the people are met. Civil towards Israel or force Hamas out of used to work with the previous society must also shoulder the government. Some Western countries Palestinian administration should responsibility of providing help to the are planning to completely bypass engage in dialogue with, and needy. For Muslims this is not just a the PA, channelling aid through other financially support, the current PA. responsibility but an obligation. It is channels such as UNRWA, the World Failure to do so would only penalise an inherent Islamic duty that Muslims Bank and NGOs. Both UK-based the Palestinians for participating must pay zakat (tax on income) and and Palestinian NGOs oppose these in the democratic process – an they are strongly encouraged to also plans. NGOs have a vital role to play extraordinary irony considering give sadaqah (charitable giving). The in augmenting state services but lack that the Palestinian election was politically-motivated impoverishment the capacity to undertake the colossal encouraged by the West, produced an and dispossession of Palestinians task of maintaining the civil service electoral turn-out rate considerably should not just be a concern for and providing public services. NGOs higher than in recent elections in Palestinians, the Arabs or Muslims are not elected bodies. It is neither the US and most of Europe and was but a crisis which must be addressed appropriate nor desirable for NGOs to unanimously endorsed by a massive in the name of humanity by the step into the shoes of local authorities team of international observers. international community – regardless and take on massive responsibilities of nationality, race or creed. for which they are not equipped. The international community must realise that foreign aid would Ibrahim Hewitt is the chair of Interpal, like many other British not be necessary if it were not for Interpal (www.interpal.org), the NGOs, feels that the PA should have Israel’s occupation of Palestinian Palestinian Relief and Development international support no matter which lands. PA ministers have pledged Fund. Founded in 1994 and supporting party is at the helm. It is important that they will not take their own locally-initiated programmes in the to raise public awareness of the salaries until PA employees are paid. OPT, Jordan and Lebanon, Interpal is plight of the Palestinian people and This selflessness should remind the largest British charity supplying to counter the negative perceptions Western governments that there humanitarian and development aid to of Islam and Muslims induced was a strong element of altruism Palestinians. Email: [email protected] FMR 26 PALESTINIAN DISPLACEMENT 37 Can the IDP label be used in Israel/Palestine? by Dina Abou Samra and Greta Zeender

Identifying IDPs in Israel and in the OPT – on the basis of exacerbate their vulnerability and exhaust their coping mechanisms. the definition provided by the Guiding Principles on Internal The IDP label identifies rights and 1 Displacement – is difficult. UNRWA considers all those guarantees under international who lost their homes in 1948 as refugees, yet the Guiding human rights and humanitarian law, Principles define IDPs as those who have fled their homes but whereas the term ‘homeless’ does not. We advocate for recognition who have not crossed an internationally recognised border. of internally displaced populations in Israel/Palestine based on the Palestinians who fled or were driven Unlike the refugee status defined UN Guiding Principles on Internal from their homes during and after in the 1951 Refugee Convention or Displacement. These give visibility the 1948 war but who remained the UNRWA operational definition to people whose specific plights within what became the state of of a refugee, the IDP definition in may well otherwise be forgotten Israel are clearly identifiable as IDPs. the Guiding Principles is purely by authorities as well as by local Tens of thousands of Arab villagers descriptive and does not grant special and international humanitarian were displaced within Israel on the rights. The main purpose is to draw organisations. The UN should destruction of their communities. attention to the IDP’s particular take a clear and official position on Bedouin communities suffered situation and to the rights this person displacement in Israel and in the several further waves of internal should enjoy but which are often OPT. The Office for the Coordination displacement after the war, and violated in a displacement situation. of Humanitarian Affairs (OCHA), continue to live in particular hardship, as well as OCHA’s Internal particularly in the Negev.2 Lack of Palestinian NGOs, international Displacement Division, and the data on the numbers displaced in organisations and the media generally Representative of the UN Secretary- 1948 complicates estimation of IDP call Palestinians displaced as a result General on the Human Rights of numbers. The National Committee IDPs, could issue a position paper on for the Rights of the Internally the case of internal displacement in Displaced in Israel (a Nazareth-based The IDP label identifies the Israeli-Palestinian context from a organisation) estimates the number rights and guarantees legal and operational point of view. of IDPs – in the Galilee, in the mixed Arab/Jewish cities of Haifa, Akka … whereas the term Further research needs to be and Jaffa and in the Negev – to be ‘homeless’ does not. undertaken on population movements around 250,000.3 The Badil Resource within Israel and the OPT and the Centre for Palestinian Residency and psychosocial impact of long-term Refugee Rights estimates there are of house demolitions and evictions displacement. Methodologies and 275,000 IDPs.4 IDPs constitute around as ‘homeless’ people, rather than standards developed to document a quarter of Israel’s Arab population. IDPs. Some UN representatives displacement as well as to achieve working to assist Palestinians see no durable solutions for IDPs in other IDPs have not been registered benefit in applying the IDP label to conflict-affected countries, including in either Israel or the OPT, Palestinians, given that the UNRWA compensation schemes, may generally live among the rest of refugee status confers some level of provide useful models to draw on. the population and cannot easily assistance and the IDP label is purely be identified. The most complex descriptive. They also point to the Dina Abou Samra and Greta group to define methodologically similar needs of the displaced and Zeender are analysts with the are Palestinians displaced from of the local population, since most Internal Displacement Monitoring their homes in Gaza and the West Palestinians have been affected by Centre www.internal-displacement. Bank as a result of evictions, house displacement and statelessness. In org/ Emails: Dina.Abousamra@ demolitions or confiscation of any case, they say, IDPs in the OPT nrc.ch, [email protected] property. While it seems logical make up only a very small group to consider them as IDPs, some of compared to the approximately 1.7 1. www.unhchr.ch/html/menu2/7/b/principles_lang.htm 2. See article by Kathrin Koeller, pp38-39 them are also refugees under the million UNRWA-registered refugees. 3. www.reliefweb.int/library/documents/2005/gidp-isr- UNRWA operational definition, 2jun.pdf. ADRID, winner of the 2002 Body Shop Human as they or their descendents were IDMC argues, however, that the IDP Rights Award, can be contacted at [email protected] or displaced during the 1948 war. Thus label brings visibility to displaced [email protected] 4. www.badil.org/Refugees/facts&figures.htm there are Palestinians in the OPT Palestinians who are not refugees who, uniquely, can be considered and to those refugees affected by both as IDPs and refugees. secondary displacement which may 38 PALESTINIAN DISPLACEMENT FMR 26 The Bedouin of the Negev: a forgotten minority by Kathrin Koeller

The barrage of news on the Israeli-Palestinian conflict Despite these intense pressures only half of the Bedouin population have obscures attention from the Arab population living agreed to move into the towns. The as internally displaced Israeli citizens on Israeli rest remain in ‘illegal’ settlements territory. Particularly forgotten are the approximately in the Enclosed Zone, which are 186,600 Bedouin of the Negev in southern Israel who not recognised by the state even if they already existed prior to 1948 constitute 12% of the country’s Arab population. and/or are inside an area formerly designated for Bedouin use. Residents Before the establishment of the state of their former territory and which of these villages face the permanent of Israel, the Bedouin of the Negev remained under military law until threat of house demolition and – who are culturally distinct from 1966. All movement in and out prosecution for ‘illegal’ use of state the Bedouin of the Galilee – were of the zone depended on written land. Access to public services the vast majority of the population permission from the Israeli military. such as water, electricity, roads, of the region and lived as nomadic Israel appointed 19 sheikhs and infrastructure, education and health pastoralists in the desert. During, or officially recognised their tribes. In care is highly restricted. As they in the immediate aftermath of, the order to acquire Israeli citizenship, reside in areas not under municipal 1948 conflict, most Negev Bedouin each Bedouin had to affiliate with jurisdiction they are unable to apply either had to flee or were expelled a recognised tribe regardless of for construction permits. Even and displaced. The Negev became an their original genealogy. They though in 1998 the development plan integral focus for Jewish settlement. have subsequently been forced to for Beer Sheba (now Israel’s sixth The Bedouin lost access to almost all sedentarise and relocate to seven largest conurbation) defined the city their rangeland and were given little officially-sanctioned state-planned and its hinterland as a ‘binational choice but to settle and give up large townships. The Bedouin are offered metropolis’, there are no plans parts of their traditional way of life. subsidised plots of land, access to for future development for those water, electricity, roads, medical Bedouin villages. Their areas are The remaining tribes were rounded facilities and schools – under the either left blank on maps or ‘over- up and driven into an ‘Enclosed condition that they agree to locate to zoned’ with other settlements planned Zone’, an area in the north-east of the approved townships and abandon on top of the existing villages. the Negev which covered only 10% claims to land elsewhere in the Negev. Kathrin Koeller Kathrin FMR 26 PALESTINIAN DISPLACEMENT 39

Sedentarisation and the surveillance many Bedouin families, however, land belongs to the state by virtue of illegal settlements are further this is the sole source of income. of the mawat (‘dead’) category of promoted by an environmental land title introduced in 1858 by the paramilitary unit established by “We should transform the Bedouin Ottoman authorities. Israel will only Ariel Sharon in 1976. The ‘Green into an urban proletariat in industry, acknowledge land ownership in the Patrol’ has a mandate to pull down services, construction and agriculture Negev if a landowner can present ‘illegal’ Bedouin tents, tightly … the Bedouin would not live on a document issued by the British control herd sizes and grazing areas, his land with his herds, but would mandate administration in 1921 – a seize flocks, destroy crops planted become an urban person who period when hardly any Bedouin without the appropriate permit comes home in the afternoon and registered their landholdings due to a as well as impose fines and evict puts his slippers on… The children combination of traditional reluctance inhabitants of ‘illegal’ settlements. would go to school with their hair to cooperate with external authorities, Green Patrol raids have resulted in properly combed. This would be a fear of taxation and lack of concern substantial damage to property and revolution, but it may be fixed within that anybody would pose a challenge led to fatalities on several occasions. two generations ... this phenomenon to their continued use of the land. When aerial surveillance identifies of the Bedouins will disappear.” unauthorised new construction, A recent survey conducted in the owners may be served with a General Moshe Dayan, 1963 Negev shows that the overall demolition order. If they fail to experience of settlement and comply – and many do – they may Assimilationist and sedentarist urbanisation is described by the be prosecuted. Homeowners are projects have been inflicted on Bedouin as negative and turned into criminal defendants, pastoralists throughout the world. unsatisfactory. Bedouin are fined and forced to reimburse the The sedentarisation programme and dissatisfied with the settlement state for the costs of demolition. the general Israeli attitude towards incentives they have been offered, According to the Association of the Bedouin can be viewed as part the paucity of opportunities for Forty, there are currently 22,000 of this wider trend. Israeli identity education and democratic governance unrecognised houses in the Negev. is to a large extent constructed and the persistent denial of equal All are at potential risk of demolition. in (hierarchical) opposition to access to health, education, housing the Arab population within and and other services of a kind enjoyed The plight of those living in surrounding the country. Being by their fellow Israeli citizens. The recognised towns is almost equally Israeli carries connotation of being protracted struggle for control of the difficult. They are amongst the ‘Western’, democratic, modern, Negev and for democratic freedoms poorest in Israel and face enormous rational and educated – while Arabs, has consequences not only for the social and economic problems and particularly Bedouin, are pre- livelihoods but also the very essence – high unemployment, crime, drug modern, autocratic, emotional and of modern Bedouin identity. The abuse, social disintegration and low undeserving of a place in the modern future of the Bedouin of the Negev education levels. Infrastructure such state of Israel unless they show remains uncertain and problematic. as street lights, pavements or sewage willingness to be ‘reformed’. This systems is incomplete in almost all sedentarisation/modernisation of Kathrin Koeller is completing a PhD the towns. Israeli planning authorities the Bedouin is thus central to Israel’s at the Department of International have given little consideration to self-image as a ‘modern democratic’ Development, University of Oxford. Bedouin cultural needs, particularly state in an ‘under-developed’ region. Email: [email protected]. their preference for grouping the Less overtly articulated is Israel’s extended family together in order to determination to accumulate as much For further information, see: retain traditional kinship structures land as possible for the exclusive use in a settled environment, sharing of Jewish residents of Eretz Yisrael.1 n Centre for Bedouin Studies resources and responsibilities as well and Development, Ben-Gurion as regulating conflict and exercising In order to acquire the maximum University of the Negev: social control. Future expansion of amount of Arab land for Jewish http://w3.bgu.ac.il/bedouin the houses is virtually impossible settlement of the Negev, Israel has as not enough land was set aside to denied almost all pre-existing land n Mossawa Advocacy Center accommodate population growth. rights or ownership. Israel regards for Arab Citizens in Israel Today the average annual Bedouin the Negev as a vacuum domicilium www.mossawacenter.org/ birth rate of 7% per annum is amongst or terra nullius, an empty space en/about/about.html the highest in the world. Tents and yet to be used for settlement. The additional structures built behind Bedouin are seen as rootless nomads n Negev Coexistence Forum the houses for social gatherings, without territorial connection or http://dukium.org housing guests and outdoor kitchens rights. Similar legal tools used to are commonplace. Sections of the justify the internal displacement n Arab Organisation for Human houses are converted into shops of indigenous populations and Rights www.arabhra.org/ and used for keeping livestock. invalidate traditional land ownership factsheets/factsheet3.htm Israeli authorities regard this as are found in other settler states. Israel a violation of zoning regulations justifies its acquisition policies by n Association of Forty prohibiting commercial activity in selective interpretation of historical www.assoc40.org residential neighbourhoods. For land laws. Israel argues that all desert 1. Hebrew for ‘the land of Israel’ 40 PALESTINIAN DISPLACEMENT FMR 26 Breaking the cycle of violence by Lucy Nusseibeh

For much of the past hundred years the hallmark of also be viewed more broadly as an assertion of humanity and as the Palestinian resistance has not been violence but non-violence. development of potential in spite of In light of the victory of Hamas in the recent Palestinian the odds against it. Just as violence elections, Palestinians risk more than ever being collectively breeds hatred and leads to a vicious dismissed as violent and impossible to talk with. In fact, and inhuman cycle, non-violence can be used to break that cycle. new forms of active non-violence are alive and growing. Non-violence, therefore, is a form of assertiveness and empowerment Palestinians have consistently used farm their traditional fields. Most that enables people to stand up strikes, appeals and demonstrations Palestinians practise forms of active – even in the face of overwhelming – all standard non-violence tactics non-violence every day, simply by violence – and retain their humanity. – since the beginning of the struggle, managing to survive, or going to

Non-violence training

Increasing numbers of local organisations are specialising in non-violence training and/or non-violent action. Middle East Nonviolence and Democracy (MEND) has trained activists in eight major cities in the West Bank and others await training.

In early 2002, a group of military commanders from the Fatah movement came to MEND to ask for non-violence training in order to break the vicious Paul Jeffrey/ACT International Jeffrey/ACT Paul cycle they had grown up with – a cycle first against the British and later work in spite of the innumerable of activism, prison, more activism, against the Israelis. Now, with the obstacles and dangers. As the more prison – and to give their country so starved of basic necessities constraints on movement and on children a future. Since that time, that children cannot take exams for daily life have become increasingly their numbers have been growing. want of writing paper, and with harsh and the political situation The head of Fatah in Qalqilya (one ever-palpable tensions between increasingly hopeless, there has been of the most conservative of all political factions starting to crack a corresponding growth in Palestinian Palestinian towns) is also the head into civil war, Palestinian non- interest in alternatives to violence of the MEND active non-violence violence may seem a contradiction, both as a way of life and as the only group there. Tulkarem, Nablus and yet nevertheless is a vibrant reality. form of resistance that could work. Hebron – all major Palestinian towns – now have mainstream community More than anything else, Palestinians Non-violence in its classic sense activists organising workshops, simply want to get on with living involves transforming one’s trainings and youth camps that normal lives in which they can work opponent’s conscience so that the promote democracy (although in and provide for their families, send opponent perceives that his/her some of these places democracy is their children to school without actions are immoral and therefore equated with heresy) and alternatives fear, move freely from one place to stops them. When this does not work, to violence. Youth across the nation another, see the sun rather than the outsiders (from another country) listen avidly to a MEND-produced Wall, look after their livestock and can play a role. Non-violence can radio soap opera focusing on FMR 26 PALESTINIAN DISPLACEMENT 41

and started of non-violence. I did not expect a Summer camp for absorbing the change to happen so fast due to old Palestinian youth from all over concepts of experiences. But when MEND opened the West Bank non-violence. a centre in Nablus, I was appointed as – the beginning Now they are its head. Questions about social and of a national part of my political conflicts rained on me. It was non-violence life. I have the first time in my life to contemplate youth movement of ‘Menders’. realised that causes of conflicts. Since then, I I have to have worked hard with children and change the the steering committee to promote life I lead. democracy and non-violence in my Now I know community. Since I was a victim of that we, the violence, I do my best to help people, Palestinians, especially impoverished children, must seek to avoid what I went through. I have a new way become a role model for many young of struggle people who want to know more about especially me and why I chose non-violence. as we have Qais Awayis, coordinator, spent more Nablus MEND Centre MEND/Pippa Nairn than 40 years using nonviolence has become my violence but to no avail. The [Pale- Women’s voices stinian] use of violence made us violent way of life and I am proud of it deep inside; this is a threat to the The history of the involvement of state-building phase because we need Palestinian women in non-violent Palestinian issues which promotes a democratic state. Now non-violence actions within the Palestinian non-violent choices in relation to has become my way of life and I am national struggle is almost as old every aspect of life, from gender proud of it. as the struggle itself. As the Middle issues within the family to non- Noor al Deen Shihada, coordinator, East and the world react to the violent resistance to the occupation. Tulkarem MEND Centre violence created by men, the need for women’s voices to be raised and For the past three years MEND has I used to run away from school. My to be heard is greater than ever. also been training school counsellors family would beat me so that I would in non-violence and conflict resolution go to school. I used violence against Although there are some non-violent and developing a curriculum for my classmates, especially those whom activities (such as marches) and some them. The conflict has created a huge I felt were better than me. Since the organised protests and petitions need for counsellors yet there are only community where I was born and from women’s organisations, it only two for every three schools. MEND bred sanctifies individual acts of seems to make a difference if there is is also involved in ‘Core Values’ heroism, I unconsciously aspired to international involvement and media curriculum development in a joint become one of the heroes. When I coverage. If women from outside project with the Hebrew University, became a teenager, politics, or rather the Middle East could come as focusing on promoting core values political violence, became part of my international observers to witness the within the education system. Some life. I threw rocks at the occupation plight of Palestinian women and talk of the curriculum workshops will be vehicles patrolling the streets of my about what they see, perhaps their run with Israelis doing parallel work. city. I was arrested for three days voices would be heard. They might when I was 14. I was badly tortured then encourage Israeli women to help The Israeli occupation use of during incarceration. I became more vote into power a more conciliatory excessive force against Palestinian violent against the occupation. My government. Moreover, if the media people, and being born at times of violence developed as a vengeful were to focus on Palestinian women occupation, has made me absorb reaction. During the first intifada I far more than it does, and if women many violent actions. I was among the was subjected to the policy of ‘bone- became prominent in decision most prominent leaders of the first breaking’ and I was shot and wounded making and in conflict resolution intifada; it strengthened my concepts several times. I was almost killed in exercises, there might be hope for a of violence even when it came to my one incident. And yet I achieved what I viable Palestinian state and the just relationship with other people. During wanted at the time: I was my people’s solution that has so far eluded men. the second intifada I was introduced hero. This went on and even had an to MEND. At that time I did not believe impact on my social life. I would solve in non-violence. However, I joined a all my problems using violence. Role of public opinion training course, run by MEND, about alternative resistance. I had rows with Violence continued to be an important For a peace process to be successful, the trainer. As time went by and as I part of my life during the second public opinion has to be encouraged became familiar with the concepts of intifada until I had a new experience. to see the reality of what is happening non-violence, I was convinced that I had I joined a MEND training course in in both societies, and to relate to the been wrong. I apologised to the trainer Nablus and learned about the values others as human beings. Negative 42 PALESTINIAN DISPLACEMENT FMR 26

public opinion on either side feeds the polarisation are increased. The media Israelis to take real risks for peace, conflict and perpetuates the cycle of must report on the common desire such as by refusing military violence. Conversely, public opinion for peace, giving credibility to the service (which not only sends that favours a just solution to the voices that speak out against violence them to prison but blacklists conflict can help encourage leadership and exploitation of the conflict. them for life) and risking army to support a peace agreement. roadblocks to take food or provide Given the balance of power that so medical treatment for Palestinians strongly favours Israel, Israeli public Shared humanity constrained by travel restrictions. opinion is one of the keys to peace – and is itself strongly influenced by Israelis also have economic and social For a peace process to work its perception of Palestinian public problems and live with fear. If there is between Israelis and Palestinians, opinion. The Israeli public needs to to be a sustainable peace it is essential it has to work at the popular level. be convinced that there is a genuine to address their fear, to break down Commitment to working with non- and overwhelming desire for peace the stereotyping of Palestinians as violence is a way to achieve this. What among the Palestinian public. terrorists and to work to restore to the is needed now is support of every Israeli public a human perspective kind to nurture non-violence and give As the restrictions of movement in regarding Palestinians. If more it the means and the space to grow. the West Bank and Gaza effectively Israelis would allow themselves to prevent any contact between all but see Palestinians as human beings Lucy Nusseibeh is the founder and the most determined Israelis and they would find it much harder to director of Middle East Nonviolence Palestinians, the media has a crucial shoot at children, bulldoze people’s and Democracy (MEND www. role in both the broadcasting and houses and prevent sick people mend-pal.org) and was formerly the manipulation of perceptions from accessing medical care. director of the Palestinian Centre and public opinion in this conflict. for the Study of Nonviolence. When all one side reads is angry There is a growing commitment Email: [email protected]. statements by the other, fear and on the part of some courageous Civil society responds to protection gap by Vivienne Jackson In the absence of mechanisms to protect the population Israel, the US, Australia and three micro Pacific states voted against. of the OPT, and the reluctance or impotence of the However, the General Assembly is ‘international community’, global civil society activists and unable to compel Israel to uphold human rights campaigners – working with Palestinian its responsibilities as an occupying and Israeli actors – have stepped into the breach. force since Assembly resolutions only have moral and symbolic weight and are not legally binding. The Fourth Geneva Convention, The Israeli government violates As noted in earlier articles, UNRWA which came into effect in October international humanitarian law, is not mandated to work with non- 1951,1 represented the post-World the Universal Declaration of refugee victims of occupation. War II aspirations of the international Human Rights, the Fourth Geneva Israeli woman watches for community to offer permanent Convention and decisions of the human rights protection to civilians living under International Court of Justice with violations at military occupation. The breadth the passive acceptance of much checkpoint. of Israel’s derogation in relation to of the ‘international community’. Palestinians living under occupation While the UN and its members is comprehensive, with most key clearly view the West Bank, East Convention articles sporadically or Jerusalem and Gaza as ‘occupied’, systemically breached. Arguing that the UN Security Council has the land it calls Judea and Samaria is barely urged Israel to uphold its ‘disputed’ and not ‘occupied’, Israel human rights obligations. The does not consider the Fourth Geneva UN General Assembly has been Convention as a legal impediment more vocal, expressing world to implementation of policies which opinion when it overwhelmingly have transformed the areas’ physical endorsed the International Court of and demographic landscapes. Justice’s ruling on the Wall – only Machsomwatch FMR 26 PALESTINIAN DISPLACEMENT 43

Since 2002 NGOs and individual activists have taken an increasingly prominent role in trying to redress the lack of official international protection given to Palestinians in the OPT. The deaths of two members of the International Solidarity Movement (ISM)2 – Rachel Corrie killed by an armoured Caterpillar bulldozer in Gaza in March 2003 and Tom Hurndall shot in the head by an Israeli Defence Force (IDF) Israeli ‘Women in Black’ – who sniper in April 2003 oppose Israel’s – drew global attention occupation of to international non- Palestinian state intervention to territories protect Palestinians. – during their weekly peace vigil on The ISM is but one a Jerusalem Paul Jeffrey/ACT International Jeffrey/ACT Paul of a host of local street corner. and national civil society groups using non-violent and international activists alongside the Israeli Arab soldier responsible action to address the human Palestinians undoubtedly constrains for Hurndall’s death has been rights of Palestinians living under the Israeli army and police in the convicted, it remains significant that occupation. The presence of Israeli degree of violence they use against more senior commanding Israeli legitimate soldiers have escaped prosecution. political protest. These new forms of solidarity face Human rights organisations set up by Palestinians and Israelis include: Stung by other difficulties. Outsiders can act negative in ways in which Palestinians find Badil Resource Centre for Palestinian publicity, Israel inappropriate or presumptuous. Residency & Refugee Rights www.badil.org is now acting to Getting an unregulated group of Al-Haq http://asp.alhaq.org restrict access activists to work with affected Addameer www.addameer.org of external Palestinian communities struggling The Alternative Information Centre www.alternativenews.org civil society with the daily realities of occupation B’tselem www.btselem.org/English actors. The to jointly plan non-violent actions can Machsom (Checkpoint) Watch www.machsomwatch.org deaths of Rachel be a delicate process. Nevertheless, Israeli Committee Against Corrie and non-violent global/local civil society House Demolitions www.icahd.org Tom Hurndall networks have provided vital Ta’ayush www.taayush.org show the protective functions in a situation Rabbis for Human Rights www.rhr.israel.net willingness of where official protection has the Israeli state been devastatingly threadbare. to use lethal International groups include: force against Vivienne Jackson, a postgraduate direct non- student at the University of Operation Dove www.operationdove.org violent action Bristol, is a member of Jews for Christian Peacemakers Teams www.cpt.org but have also Justice for Palestinians (www. Ecumenical Accompaniment brought closer jfjfp.org). For several months she Programme in Palestine and Israel www.quaker.org.uk/eappi the realisation lived as an international volunteer that Israeli trying to assist inhabitants of the Global civil society groups focused on long-term protection issues soldiers should West Bank village of Yanoun to mentioned in the Convention – including the right to pursue a not remain reclaim homes abandoned under livelihood – have sought to establish trade links with the OPT: immune from threat from extremists from the prosecution for Jewish settlement of Itamar. Olive Co-operative www.olivecoop.com violations of Email: [email protected] Zaytoun www.zaytoun.org international Freedom Clothing http://freedom-clothing.co.uk/news humanitarian 1 www.unhchr.ch/html/menu3/b/92.htm 2 www.palsolidarity.org law. While 44 PALESTINIAN DISPLACEMENT FMR 26 European aid to vulnerable Palestinians by Daniela Cavini

Funds from the European Commission’s Humanitarian a sudden, even this small income was gone. “Of all the difficult times I’ve Department (ECHO) alleviate the suffering of gone through, the worst was when Palestinians in the West Bank and Gaza Strip and my husband died,” Zaika continues. support projects for the three million refugees in Jordan, “I really thought I wouldn’t make it.” Lebanon and Syria whose humanitarian needs are A year has passed since she lost her often neglected by the international community. husband and Zaika’s worst fears have gradually given way to hope. The European Commission is rooms are tiny, but habitable, and “People helped me in a way I wasn’t one of the largest contributors of above all, ours,” says Zaika Said (48), expecting. My children are fatherless, humanitarian aid to the Palestinian the daughter of Palestinian refugees and in our tradition, society people. Since the second intifada and mother of three. After a life on doesn’t let such children down. I began in 2000, the EC’s Humanitarian the move, Zaika and her family have received help from many, many Aid Department has provided over ended up in Homs, 160 kilometres people.” Zaika’s case was classified €191 million to meet the critical north of Damascus. Since it was as a ‘social hardship’ one. As her needs of Palestinians in the OPT established in 1949 the population house was in dire need of repair and in Lebanon, Jordan and Syria. of their camp has risen substantially. she was able to join the regional Shelters have been The winners ECHO funds are used to: built on every available of a drawing space, leading to severe competition n increase access to health services deterioration in the organised in Homs refugee in isolated areas of the OPT standard of living. camp, Syria, The roads are full of to celebrate n provide food aid to groups potholes, buildings the completion particularly affected by lack natural light of the shelter rehabilitation movement restrictions and ventilation, the programme schools are old and financed by n rehabilitate shelters for dilapidated and the the European Palestinian refugees in sewerage system badly Commission. Jordan, Syria and Lebanon needs upgrading. Unemployment and n support small-scale poverty levels are high. economic activities and employment opportunities Zaika’s story is similar to so many: “My n provide psychosocial parents left Palestine support for children in 1948 and ended up in the Neirab refugee n update, rehabilitate and expand camp, near Aleppo, in

water networks and enable safe northern Syria. That EC/ECHO/Daniela Cavini disposal of domestic wastewater is where I was born.” In search of better n support efforts by the UN and the living conditions, her family moved emergency shelter rehabilitation Red Cross to protect the civilian to Homs, then to Damascus where programme, financed to the tune population from the effects of she met her husband. “Living in the of €2.75 million by the European the conflict and guarantee their big city became impossible. It was Commission and implemented by access to essential needs, in too expensive so, five years ago, we UNRWA. In a few months, thanks conformity with the principles of decided to come back. We wanted to the cooperation of Syrian local International Humanitarian Law. a better and cheaper place to live.” authorities, her home was repaired, However, on their return to Homs, along with 334 other dwellings in the family was struck by new tragedy. Syria, Jordan and Lebanon. Around Shelter repair for In 2005 Zaika’s disabled husband 1,700 people benefited directly from refugee family died. Despite being confined to a the programme. In Homs, 20 shelters wheelchair he had been a weaver, were rebuilt using a ‘self help’ “This is the first time I have owned earning a meagre living to support approach. Beneficiaries themselves something in my life. These two Zaika and their three children. All of had to complete the work. In liaison FMR 26 PALESTINIAN DISPLACEMENT 45

with UNRWA staff they purchased water infrastructure, contamination entire villages from access to water, materials, hired workers and of water catchments and physical livelihoods, farm lands, businesses supervised them. This involvement constraints (closure, curfew). and essential services like healthcare is considered very important, As a result, there is an increased and education. A policy of closures because it empowers beneficiaries by dependence on tankered water. In and movement restrictions further giving them a sense of ownership. some rural areas prices rise in the limits reliable access to vital goods and services Ceremony This is what and hampers to celebrate happened to the work of completion Zaika. “Now that humanitarian of the shelter our shelter is safe actors. The rehabilitation and habitable, considerable programme financed by I really feel we decline in the European can make it. the quality of Commission, Somehow, I have essential services Homs refugee come to terms such as health camp, Syria. with the fact and education that I’m alone, and the economic and that I must and/or physical keep going. My inability of most children have Palestinians grown up quickly to access them in the past few have combined months. They to depress are wonderful household and study hard incomes, exhaust so they will be assets and coping able to make mechanisms, a living in the and erode basic

future. What EC/ECHO/Daniela Cavini living conditions. do I hope for? Between 1.7 and I want them to 2.2 million people have an education, for God to dry summer months and up to 40% (47 to 60% of Palestinians) now live help them in their lives, and for of household income may be spent below the poverty line on less than me to be close to them always.” on water for household uses. Scarcity $2 (€1.54) per day. More than 600,000 of water for irrigation prevents people (16% of the population) When asked about the land of her proper exploitation and cultivation cannot afford to meet their basic forefathers, Zaika is silent for a of agricultural land. Increasing access needs in food, shelter and clothing few seconds. Then she whispers: “I to water remains, therefore, a priority have never seen Palestine. I have for the European Commission’s European solidarity will continue been bouncing from one place to Humanitarian Department. Since to be expressed in practical the next for my entire life. I cannot 2002, some 22 water and sanitation assistance. Europe’s commitment was give up the dream to return. I projects in the OPT have been underlined in November 2005 by the watch the news all the time, what funded at a cost of €15.7 million. Commissioner for Development and happens there. I tell myself maybe Some 850,000 people have benefited Humanitarian Aid, Louis Michel, my children will be able to go back from interventions – which have when he told refugees in Khan Yunis, to their land. But I also feel that this ranged from basic repairs to water Gaza: “Be sure that Europe does not is our home. Most people in the infrastructure such as pipes, provision forget you; we will never let you world have just one home. We have of rain water collection from roof down. The agreement I just signed two, a real one, and an ideal one.” tops and storage in underground [providing €14 million to UNRWA’s cisterns and exploitation of food aid programme] is a clear sign alternative water resources such that we are and will be supporting Responding to the water crisis as springs, which are protected Palestinian refugees. The EU has from external contamination. no other agenda than to help build Over a third of the population of sustainable peace and prosperity.” the OPT have no access to piped The European Commission is water. The Palestinian Water concerned about the deteriorating Daniela Cavini is Regional Authority estimates average per situation in the West Bank and Information Officer at the European capita consumption in rural areas to Gaza where 40% of the population Commission’s Humanitarian be a mere 15 litres – by comparison, depend on humanitarian aid. The Department (ECHO) office in Amman, the average US citizen uses 600 deteriorating living conditions are Jordan. Email: daniela.cavini@cec. litres. Access to piped water is a direct consequence of the conflict eu.int . For further information about affected by frequent restrictions of and its spiral of violence. The ECHO’s programme of support to supply to the major water networks, separation Wall has affected hundreds Palestinians, see: http://ec.europa. deliberate and collateral damage to of thousands of people, cutting off eu/echo/field/gaza/index_en.htm 46 PALESTINIAN DISPLACEMENT FMR 26 Reparations for Palestinian refugees by Lena El-Malak

Israel’s failure to provide reparations to Palestinian for giving rise to the conditions that create refugees would serve refugees over the past six decades is in blatant as a deterrent to states which violation of international law. resort to expulsion and population transfers to create or reinforce The abysmal failure of the Oslo prohibiting the expropriation of land ethnically homogenous entities. process is in no small part due to owned by an Arab in the Jewish state its failure to provide some form of and vice versa, except for public During the 1990s the Balkan reparations to Palestinian refugees purposes, and stating that “in all cases Wars reinvigorated international in accordance with principles of expropriation full compensation focus on the need for repatriation of international law. Instead of as fixed by the Supreme Court shall and reparations, yet once again redressing the historical injustice that be paid previous to dispossession.”1 Palestinians were a case apart. For is at the core of the Israeli-Palestinian The subsequent denationalisation Palestinian refugees the ‘Oslo Peace conflict – theNakba (catastrophe) – the of Palestinians en masse by Israel Process’ simply enshrined their Oslo process relegated the issue of in order to prevent them from marginalisation. The international refugees to final status negotiations. returning to their homes and the community’s failure or unwillingness expropriation of their property could to put pressure on Israel to provide Reparations may take various therefore not have been condoned reparations does not only have forms: restitution of lost property, by the international community. implications for the Palestinian compensation for damages incurred, refugees of 1948. This political an acknowledgment of the harm Additionally, in 1948 the General impotence has given Israel the done or a combination of all. Under Assembly adopted resolution 194 green light to displace hundreds international law, “reparation which resolved “that the refugees of thousands of Palestinians over must, as far as possible, wipe out wishing to return to their homes and the decades – and, most recently, all the consequences of the illegal live at peace with their neighbours even Lebanese civilians – with the act and re-establish the situation should be permitted to do so at the full knowledge that, once again, it which would, in all probability, earliest practicable date, and that would not be called upon to provide have existed if that act had not compensation should be paid for the reparations to those it has wronged. been committed.” Following the property of those choosing not to flight of an estimated 726,000 return and for loss of or damage to Lena El-Malak is completing a refugees from Mandate Palestine to property which, under principles of PhD at the Sir Joseph Hotung neighbouring Arab countries, the international law or in equity, should Programme for Law, Human Israeli Cabinet voted in July 1948 be made good by the Governments Rights and Peace Building in the to bar the refugees’ return to their or authorities responsible.”2 Middle East, School of Oriental homes, and adopted legislation aimed and African Studies, London. at denationalising them en masse Yet, almost 60 years later and Email: [email protected] and expropriating their property. despite an annual reaffirmation of resolution 194, Israel continues to See also: The status of international legal preclude refugees from returning norms at the time still allowed some to their homes. It has also failed to n Leckie, S Peace in the Middle scope for debate of the legality restitute any of their property and East: getting real on the issue of these measures. However, the provide compensation for their of Palestinian refugee property, intention of the international losses. Although the international FMR 16 www.fmreview.org/ community with regard to the Arab community voted resolutions FMRpdfs/FMR16/fmr16.14.pdf population of Mandate Palestine was in favour of the rights of return, made unequivocal by the adoption restitution and compensation, it n Lee, Luke T, The Issue of of two UN General Assembly has not exhibited sufficient political Compensation for Palestinian Resolutions in 1947-48. In resolution will to enforce these rights. The Refugees www.arts.mcgill. 181 – the so-called Partition Plan – the importance of providing reparations ca/MEPP/PRRN/lee.html

General Assembly called on both the in international law must not be 1. UNGA res.181 (II), 29 November 1947. Jewish and Arab states-to-be to grant undermined. Beyond the moral 2. UNGA res. 194, 11 December 1948 www.badil.org/ citizenship to the respective minority significance of redressing a historical Documents/Durable-Solutions/GA/A-RES-194(III).htm residing on their territory. Resolution injustice, insistence that states have See also www.badil.org/Solutions/restitution.htm for 181 provided additional guarantees an obligation to provide reparations more background documents. to the minorities in both states by (restitution and/or compensation) FMR 26 PALESTINIAN DISPLACEMENT 47 The politics of Palestinian refugee participation by Juliette Abu-Iyun and Nora Lester Murad

Palestinian refugees should be allowed to choose and When given the chance to express their informed opinions, Palestinian decide, based on informed opinions, whether or not they refugees expressed their strong desire wish to return to their homes. This is their legal and moral to participate in exploring solutions to right. Is it also their right to participate in discussions their plight. Most participants insisted about their future? If so, how should they participate? that refugees’ views are the most meaningful information upon which decisions about their future should Since the PLO signed the Oslo mechanisms have been established to be made. They saw participation Accords in 1993, and even more so involve refugees in political processes. as a way to raise awareness of their since the death of Yasser Arafat – their suffering and needs, and as a way historic protector – in November 2004, Many refugee advocates insist that to make refugees voices heard in many refugees feel vulnerable. They a future Israeli-Palestinian peace the decision-making process. wonder if there is room within the agreement should guarantee both Oslo framework – which recognises the principle and the implementation Participatory processes are the right of Israel to exist while of the right of return, after which time consuming, difficult to relegating the refugee issue to final refugees will be supplied with implement in conflict situations status negotiations – to exercise adequate information to choose and inherently politically charged. their right of return. They fear the among such options as voluntary We faced significant challenges to Palestinian Authority (PA) could give repatriation, local integration or the credibility of the project, the up refugee rights in exchange for a third country resettlement. Many of implementing organisation and Palestinian state, limiting refugees’ these advocates argue that discussing the funders, despite the fact that return only to the boundaries of refugees’ choices prior to securing all field staff were Palestinian and a truncated Palestinian state. their rights in an agreement might many were refugees. Members of the undermine realisation of refugees’ Popular Committee in the Qalandia Concerned by the implications of rights. They maintain that the refugee camp – non-elected leaders Oslo, refugee activists began to build right of return is not negotiable, of various political factions – insisted a grassroots popular movement. so ‘involving’ refugees prior to that we need not solicit opinions Over the last decade, numerous securing their rights is unnecessary from a random sample of refugees. gatherings in locations across the and potentially harmful. Some refugee leaders in Qalandia globe have produced sophisticated were so suspicious of the project’s demands and recommendations objectives that, after many months of with the aim of increasing refugees’ Innovative initiative to community meetings, they decided participation in discussions relating listen to refugees not to participate. In their opinion, the to their present and future. Refugees right of return is sacred and should want to participate because they ‘Time for Them to Speak and for Us not under any circumstances be believe only refugees themselves can to Listen’ was a project implemented subject to any studies or discussions be trusted not to compromise on – or over 15 months in 2004-2005. It with refugees. They disapproved of to sign away – the right of return. provided Palestinian refugees with our insistence on involving ordinary impartial information about issues refugees and not only political Despite calls by Palestinian related to the right of return and leaders. The common refugee, they intellectuals, public figures and sought to document refugees’ voices argued, is not sophisticated enough legislators for a more central role about the information presented to to resist manipulation and should for refugees, the views of common them and to discuss the role they not be given information that might refugees were not solicited during want to play in addressing their reduce their expectations. They want negotiations with Israel. Nobody plight. The project involved extensive refugees educated about their right of has proposed a comprehensive community preparation, nurtured return but without emphasis on their strategy for refugee participation. an understanding of participatory right to choose whether to return. Neither international organisations, processes and built local research educational institutions, Palestinian capacity. Education sessions were Refugees in nearby Jalazon camp did political parties, UNRWA nor host run by trained refugees and an agree to participate. Research findings countries have given refugees in educational booklet was prepared and and the process were enlightening. Palestine or in the diaspora the distributed. The study’s findings and The study exposed a profound lack information they need to evaluate analysis were shared with refugee of factual knowledge, especially political developments. No representatives, activists and experts. among youth and female participants. They were able to articulate 48 PALESTINIAN DISPLACEMENT FMR 26

complex analyses that acknowledge the difficulties of implementing the right of return but could not cite details about relevant international resolutions. They did not know the specific positions of Palestinian, Israeli and international parties on the right of return. Most were unaware that they have both the legal right to compensation and the right of return. This calls into question the benefit of opinion polls and other quantitative research that asks refugees’ opinions without finding out if refugees understand the meaning of such terms as ‘repatriation’, ‘compensation’ and ‘international law’.

Participants stressed that any agreement that International Jeffrey/ACT Paul negates refugees’ right of return will be rejected: while it mechanisms allowing refugees voices level agreement on refugee options may bring about a sort of ‘peace’, it to be heard in the political process undermine refugees’ individual will not end the conflict. They want are sorely needed. The global trend rights under international law? to be part of discussions and decision towards beneficiary participation How might participation itself making, not simply to choose among and leadership in humanitarian transform the refugee community? options formulated on their behalf. contexts is insufficient – refugees How might refugee participation They emphasised the legitimacy of deserve also to participate in the affect the democratic nature of a the PLO as the sole representative political processes that determine future Palestinian state? We hope of the Palestinian people, including their fate. At the end of our initiative, that future participatory research refugees, but also said it was not study participants indicated they will explore these issues. adequately representing the opinions wanted more. They called for more of refugees – either in the West participatory awareness-raising ‘Time for Them to Speak and for Bank, Gaza or the diaspora. They campaigns for all Palestinians, Us to Listen’ was implemented were highly critical of the lack of better organisation within the by a team of researchers at the consultation with refugees and lack refugee community, active and Ramallah-based Palestinian Center of transparency in the negotiation open dialogue with the Palestinian for the Dissemination of Democracy process. They criticised the absence leadership, a more active role for the and Community Development of democratic mechanisms to PA Department of Refugee Affairs (Panorama) www.panoramacenter. enable them to elect their leaders. and meetings between refugees org It was carried out with the aid of They suggested that elections be and experts in international law. a grant from the Middle East Expert held to select a trustworthy body and Advisory Services Fund, which of refugee representatives who We are aware that refugees were is managed by the International would become the focal point within expressing their views at a specific Development Research Centre the PLO for any negotiations on historical moment: Arafat had just (IDRC), Ottawa and financially refugee issues. They insisted on died and the PA was controlled by supported by the Canadian their right to nominate less corrupt Fatah. Would their positions be International Development Agency and more competent negotiators, different today after the election of (CIDA) and IDRC, in cooperation and emphasised the importance of a Hamas-dominated parliament? with Foreign Affairs Canada. Juliette involving ordinary refugees, not Would their positions be different Abu-Iyun was project director and just intellectuals and leaders. if they were presented with actual Nora Lester Murad a researcher/ options to be implemented in the editor. To obtain the complete Based on our experiences in Qalandia context of establishment a recognised report, email: [email protected] and Jalazon camps it is evident that Palestinian state? Does a group- or [email protected] FMR 26 PALESTINIAN DISPLACEMENT 49 Negotiating checkpoints in Palestine by Sheerin Al Araj

In Palestine I can never drive for more than half an hour I am one of the lucky people because I hold a blue Jerusalem ID card. I without being stopped at checkpoints. Soldiers irritate me am a permanent resident – but not with the same questions, the same procedures, time and a citizen – of Israel. My Jerusalem time again. No value is put on the time of a Palestinian. ID often allowed me to pass through checkpoints when others Landing at Heathrow was for me I saw many sent back because they in the queues were turned back. like landing at any other airport in did not have the ‘correct’ papers the world – lots of questions and or had presented themselves at At home and in my community answers, for my head scarf makes me the wrong checkpoint. Frequently people looked at me, for I stood out suspect wherever I go. It is always people were turned back simply – a peace activist Muslim woman me who is ‘randomly’ chosen to because a soldier could not read their driving away each day to work on be questioned. On the day of my documents. Many were cuffed or building a peace which seemed ever arrival my family called me. I told beaten for arguing with the soldiers more elusive and a waste of time. them of my amazement. I had driven or for trying to understand, or The worst nightmare was a sudden for four hours without once being explain, something. Men with long closure when I was coming home. stopped or asked any questions! beards were cursed as soldiers tugged I had nowhere else to go so had to wait in my car at I used to be co-director the checkpoint, The turnstiles at Beit Iba of a project where youth hoping for a miracle. checkpoint. from the Middle East, This added to the including Palestine pressures in my life. and Israel, were I live in a traditional, brought together to conservative society. talk about what they I could see the had in common and silent rebuke in their differences. people’s eyes for having stayed out There are two semi- for very long hours independent road and having been networks in the West with strangers in a Bank: the elaborate, volatile environment well-paved, well- in which anything signed, well-marked, Esti Tsal/Machsomwatch can happen. well-lit one reserved for Israelis and the Studying here in broken, potholed, blockaded one we at their beards. Some were asked to the UK – getting to understand have to use. Each morning I would take off clothing and submit to the the human rights regime, its leave home 90 minutes earlier than I humiliation of being sniffed by a dog. mechanisms, successes and failures would have had to if there had been I saw many young men sent to the – is frustrating. It has become no obstacles between my home and jora (pit), a West Bank purgatory, a clearer to me that in Palestine, or my office eight miles away. It was an holding pen where Palestinians can rather the little that is left of it, our endless process of humiliation. Every languish for hours until cleared by situation is unique. Resolutions of day a new rule, regulation or military Israel’s internal security, the Shin Bet. the General Assembly and decisions order. Even an extensive knowledge Once I came across a man pleading of the International Court of Justice of all the tricks one needs to deal with in vain with soldiers to allow him to count for nothing. Refugees are not hostile soldiers, who believe they pass in order to collect his son’s corpse refugees when they are Palestinians. have power to do whatever they want, from the hospital where he had died. We are foreigners in our own land. did not help. I knew that I should try Every day, as we Palestinians waited to relax, for it would not help to play in the searing heat, Israeli settlers Sheerin Al Araj is completing a their game and get wound up. Giving in their air-conditioned vehicles Masters degree at the University the ‘wrong’ answer could cause a would bypass the checkpoints in of Essex’s Human Rights Centre. huge problem, not only for me but their special lanes. Many checkpoints Email: [email protected] also for all the people waiting at the have developed their own checkpoint behind me and those who economies on the Palestinian side would come along later in the day. as vendors sell water and snacks. 50 Policing thought on Palestine FMR 26 Policing thought on Palestine

After the terrorist attacks of 11 September 2001 academic of a right to make and unmake freedom in the United States is facing its most serious regimes throughout the world, threats since the McCarthy era. A new publication argues especially in the Middle East. that freedom to pursue critical thinking about the Middle Powerful lobbies seek to de-fund East, most particularly Palestine, is under sustained attack. Middle East centres and establish think-tanks that will provide for the The storm of controversy sweeping America has been subjected to a press and government a ready stable American campuses is not a result barrage of intemperate attacks by of ‘experts’ who can shape knowledge of internal activism or clashes. The neo-conservative pundits determined about the Middle East. Most of those escalating tensions are a product of to shield Israel from criticism and to who have attacked Middle East professionally organised external prevent faculty, staff and students scholars spend their days in think- interventions by well-funded from suggesting that universities tanks where they are paid to hobnob special interest groups intimately should disinvest from companies with foreign policy makers and tied to the coalition of forces in the supporting the Israeli occupation mass-media opinion makers. They Bush Administration – militaristic of the West Bank and Gaza Strip. write op-eds and policy think pieces nationalists, Israeli lobbyists, the and for the most part do not engage evangelical Protestant Zionist Students and faculty connected in the primary recognised activities electoral base of the Republican academically or culturally to Muslim of scholars: teaching and research. Party and the military industries and/or Middle Eastern countries are that promote the US-Israeli alliance being identified as suspect both in The determination of many Jewish as a business asset. They attempt their loyalties to the United States organisations to delimit the to depict ‘Islamic terrorism’ as the and in their ethical commitments boundaries of permissible discussion primary evil and source of fear to the pursuit of knowledge. Racist of the Middle East at colleges and and propose phrases like ‘war on profiling and scapegoating are universities is motivated in large terrorism’, ‘clash of civilisations’ and common in websites that compile lists part by a desire to keep young ‘axis of evil’ as serious explanations of ‘un-American’ professors critical American Jews in the ‘pro-Israel’ for what is happening in the of US foreign policy in the Middle camp as they define it. They seek to contemporary Middle East. East. Charges of anti-Semitism are convince legislators that there is a routinely levelled against critics of wave of anti-Semitism on American Universities and colleges have been Israel. Jewish scholars critical of campuses. Paradoxically, by failing a particular target of policing what Israeli policies towards Palestinians to make a clear distinction between may be thought and said about the are ludicrously described as ‘self- anti-Semitism, which should always Roger Waters, Middle East because they are among hating Jews’. These notions are being and everywhere be opposed, and founding the few institutions where intelligent propagated by circles close to the anti-Zionism, which is a legitimate member of political discourse remains possible government of the most powerful political opinion, organisations such Pink Floyd, graffitis in the United States. The Middle country in human history in concert as the B’nai B’rith Anti-Defamation the Wall. East Studies Association of North with unprecedented assertions League have exposed American Jews to attack because they were identified with Israel.

The virulently anti-intellectual

War on Want War nature of the 9/11 attacks is mirrored in the war launched in response. Campaigns of surveillance, intimidation and control, if unchecked, will not remain confined primarily to scholars who study the Middle East.

Academic Freedom after September 11, edited by Beshara Doumani is published by Zone Books, MIT Press, March 2006. ISBN 1-890951-61-7. The above text draws significantly on chapter seven by Joel Beinin (online at: www.censoringthought. org/beinin.html). FMR 26 What future for young Palestinians in Jordan? 51 What future for young Palestinians in Jordan? by Jason Hart

Muna, aged 12 and future are the direct object of other states allow such movement in political discourse and negotiation on an era of increasing border control? local, national and international levels Or will Muna and her generation In those months when she attends – for twelve-year-old Muna was born be instrumental in the creation of a school on the ‘morning shift’, twelve- and lives in Mukhayyam al-Hussein, pan-Islamic community, transcendent year-old Muna gets up at around an UNRWA-administered refugee of these national borders? 6am. Her twenty-year-old sister, camp housing some 50,000 people in Randah, is usually the first person Amman. Her grandparents were born Muna at 21 awake. Having already completed in villages in what became Israel in her prayers, Randah is busy making 1948. Her parents were born in Gaza, These are questions that I asked in the final preparations before leaving at the time under Egyptian control, my doctoral thesis in the late 1990s. for work. Soon Um Khaled sits up and fled to Jordan in the wake of the Today Muna is married. Some day on her thin mattress, observing the 1967 War. Muna’s name is listed in the soon she may well become a mother. preparations of her daughters and small blue book held by her family, Her children will be part of a new offering warnings and instructions. proving that they are registered as generation in whom the ‘international Then, after a quick cup of tea and a refugees with the United Nations. community’ will probably show piece of bread, Muna steps around her The right of Muna, her family and as little interest as it did in their older brothers, still sleeping on the her neighbours to return to Palestine parents. Keep them housed, provide floor, and heads up to the main street has been stated clearly in resolutions the minimum of services and for the five-minute walk to school. of the UN and has remained central hope the refugee ‘problem’ will go to the discourse of and about away. But Muna will never forget Weaving her way through the the refugees ever since 1948. where her parents came from, and cramped classroom which she shares the reason why she grew up an with 48 other girls, Muna squeezes At the same time, Muna is also, in impoverished ‘Gazan’ in a refugee onto a small bench next to her best many respects, a Jordanian. She camp. Her children will know this friend, Laila. Apart from a short was born in Jordan and, apart from too. And what of their future? break at around 9am, Muna and her a brief trip to Iraq several years classmates remain busy with their ago, she has never left that country. Jason Hart, a social anthropologist, studies until the day’s end at 11.15. Although her education is paid for is a lecturer at the Refugee The sound of the school bell rings by the international community, Studies Centre. Email: jason. behind them as Muna and a crowd and her teachers are registered [email protected] of friends exit from the playground refugees themselves, she studies the gate. Stopping only to buy some Jordanian curriculum. Her parents bread for her mother and a small and older siblings all hold Jordanian New director for RSC snack for herself, Muna is soon back passports and soon she will be The Refugee Studies Centre is home, changed out of school uniform entitled to do so too. However, since delighted to announce that Professor and engaged in household chores. they are considered ‘Gazan’, their Roger Zetter has been appointed as passports must be renewed every the new director of the RSC, starting The remainder of her day will be two years, instead of the customary on 1 October. He joins the RSC from spent cooking, washing dishes, five. With the different nationality Oxford Brookes University. Professor making tea for guests or family status come certain restrictions. Zetter’s research encompasses the members, and tending to her young impacts of international humanitarian nephews and nieces. In between these The stalling and ultimate assistance, the experience of various tasks she does her homework abandonment of the Oslo Peace protracted exile, repatriation and and watches some television until Process, within which the fate of the post-conflict reconstruction. His work around 10 or 11 o’clock when she five million or so refugees was due has been based in Southern Africa, lays a mattress on the floor next to be discussed, has left the future of the Middle East and more recently to Randah and falls asleep. young people like Muna profoundly in Europe where he has been uncertain. Will hers be the generation exploring the causes and con- In many respects Muna’s daily life that ends the exile of more than half a sequences of European deterrence is typical of girls of her age from century and redeems the homeland? and restrictionism. impoverished families throughout Will they be fully absorbed and the Arab world: a quiet routine of integrated into Jordanian society? Will study and housework in cramped economic and political circumstances conditions with relatively few cause them to leave Jordan in search opportunities for leisure pursuits. of better opportunities abroad, as www.rsc.ox.ac.uk However, less typically, Muna’s life many have done before them? Would 52 Clarifying local integration FMR 26 Clarifying local integration by Sarah Meyer

Ana Low’s article in FMR 251 highlights the need to re- Prime Minister (OPM) in 1998 within which the Ministry of Disasters examine and re-invigorate debate on local integration as a and Emergency Preparedness was durable solution for refugees. However, the Self-Reliance established, with refugee policy as Strategy (SRS) in Uganda which she describes does not a central focal point. The placing of provide an adequate model of local integration as a control over refugee affairs in OPM ensures administrative, political and durable solution – in fact, local integration is not its aim. social separation of refugees and refugee-related issues from district Renewed academic and policy focus Uganda’s self-reliance policies were planning and political processes. on local integration is reflected in the based on “the aim of facilitating their District development planning recent UNHCR Executive Committee long-term integration.” Yet Uganda’s processes do not include refugees. statement on Local Integration and refugee policy prioritises repatriation The Arua District Planner reflected, Self-Reliance (UNHCR, 2005).2 Crisp as the preferred durable solution. “I am not aware of any consultations is clear that “local integration can be going on with refugees.” The regarded as a process which leads In interviews conducted in Kampala Refugee Welfare Council system is to a durable solution for refugees.” and Arua Government of Uganda explicitly confined to the refugee While Crisp argues that this process (GoU) officials were quick to clarify settlements, with access to the may not necessitate naturalisation, that, despite utilisation of the term district planning process dependent he maintains that “the notion of ‘integration’ in policy documents, on the OPM representative (the local integration is based on the the preferred durable solution is still camp commandant) who may take assumption that refugees will remain repatriation. Their Commissioner the refugees’ views forward but indefinitely in their country of asylum for Refugees stated in 2005 that “we without the possibility of refugees and find a solution to their plight in still think that the best solution to themselves having access to a that state”, sharply distinguishing this the problem of refugees is return; we consultative or decision-making approach from local settlement and still emphasise that in our policies.” process at the district level, where self-reliance, which does not imply Indeed, GoU officials express development planning occurs. permanent asylum of any form.3 This concern that the SRS be interpreted There are still significant blocks to is echoed in such policy documents not as accepting ongoing refugee social and political integration for as the UNHCR Global Consultations presence but rather as initiating a refugees in Uganda – obstacles that paper on Local Integration (UNHCR, developmental process to mitigate were not addressed by the SRS. 2002). They highlight the differences the negative impact that refugee- hosting is perceived to have had in In a context where repatriation is refugee-hosting areas in Uganda. the stated government priority, we still think that the Promotion of self-reliance is clearly where refugees suffer social, an interim measure in the context political and economic exclusion best solution to the of an over-arching commitment to through the settlement system, and problem of refugees repatriation as a durable solution. where refugee policy is divorced from the district level, it is indeed is return Ana Low’s article further argues that questionable whether the SRS was in Uganda the “Local Governments either developed or implemented between self-reliance – as a potential Act encouraged participatory as an integration strategy. precursor to local integration, decision making and led to the or an element of de facto local establishment of Refugee Welfare Sarah Meyer recently completed a integration – and local integration Councils to identify and respond to MPhil in Development Studies at as a durable solution. There needs development needs of refugees.” Yet the University of Oxford. Email: to be a clear distinction made many of the shortcomings of the SRS [email protected] between de facto local integration resulted precisely because the overall in contexts where host governments decentralisation process in Uganda 1. Ana Low, ‘Local Integration: a durable solution for refugees?’, FMR25 www.fmreview.org/FMRpdfs/FMR25/ still clearly prioritise repatriation has not seen a parallel devolution of FMR2538.pdf – as is the case in Uganda – and control of refugee policy or functions. 2. www.refugeecouncilusa.org/ngo-stat-sreliance72905. cases where full local integration There has been, in fact, a concomitant pdf is accepted as a durable solution. process of re-centralisation of control 3. Crisp, Jeff (2004). “The local integration and local settlement of refugees: a conceptual and historical and power over refugee issues. analysis,” New Issues in Refugee Research, Working Paper However, Ana Low’s analysis No. 102, (www.unhcr.org/cgi-bin/texis/vtx/research/ conflates self-reliance and local The responsibility for refugee opendoc.pdf?tbl=RESEARCH&id=407d3b762) integration. This confusion was also policy and programmes was evident in UNHCR’s 1997 State of the transferred from the Ministry of World’s Refugees, which stated that Local Government to the Office of the FMR 26 High-Level Dialogue on International Migration 53 High-Level Dialogue on International Migration

UNHCR wishes to bring the following observations and political development, in which all human rights and fundamental recommendations to the attention of the High-Level freedoms can be fully realized.” Dialogue (HLD) on International Migration and Development, to be held in New York, 14-15 September 2006: When given the opportunity to Refugees have specific for refugee status. These include do so, refugees can become rights and needs. the implementation of migration agents of development. information programmes, the Refugees are a distinct category establishment of channels that enable Refugee influxes, especially when of people by virtue of their need non-refugees to migrate in a safe and they are large in size and concentrated for international protection. legal manner, and the implementation in specific locations, can have negative UNHCR urges the HLD to reaffirm of development projects that provide consequences for the development the international community’s additional jobs and livelihoods of host countries and communities. longstanding recognition of the opportunities in countries of origin. At the same time, refugees can specific rights and needs of refugees, become agents of development if they including the fundamental obligation are provided with an opportunity of states to refrain from returning Refugee protection and to make use of their skills and them to countries where their migration management productive capacities while living in life or liberty would be at risk. are distinct yet a country of asylum. UNHCR calls complementary activities. on states participating in the HLD to ensure that refugees are enabled Human rights are applicable to UNHCR encourages the HLD to to participate in national labour all people who are the move. recognise that refugee protection markets, that they are able to engage and migration management are in agricultural and income-generating UNHCR underlines the importance distinct yet complementary. As well activities, and that the qualifications of ensuring that the rights and as entailing high levels of human they possess are recognised in their labour standards of all refugees suffering, irregular migration can country of asylum. At the same and migrants are upheld. The core place serious strains on national time, UNHCR encourages the UN human rights instruments are asylum systems and provoke public international community to target universal in their application and hostility towards foreign nationals, development assistance at refugee- generally apply to both citizens and thereby undermining effective refugee populated areas and to ensure non-nationals, including those who protection. At the same time, refugees that such areas are incorporated have moved in an irregular manner. and asylum seekers who are unable in national development plans. to find protection where and when they need it may feel obliged to move Measures to curb irregular on in an irregular manner, looking for Refugee repatriation migration must not prevent safety and security in other countries. can support the refugees from gaining access peacebuilding process. to international protection. Development is more than Large-scale repatriation movements Movements of people from one simply economic growth. present the international country and continent to another community with both challenges are often ‘mixed’, in the sense they UNHCR encourages the HLD to and opportunities in the areas of include some who are in need of interpret the notion of development development and peacebuilding. international protection and others in an inclusive manner, rather than In order to capitalise upon the who are not. In the context of mixed using it as a simple synonym for opportunities, UNHCR encourages movements, UNHCR urges the HLD economic growth. In this context, states and other actors participating to acknowledge that the measures UNHCR recalls the UN Declaration in the HLD to give sustained support taken to curb irregular migration on the Right to Development, which to the return and reintegration of must not prevent refugees from states that “the right to development refugees and IDPs, including efforts gaining access to the territory and is an inalienable human right, to promote new livelihoods, to asylum procedure of another state. by virtue of which every human rebuild shattered infrastructures and In addition, UNHCR underlines the person and all peoples are entitled to foster harmonious social relations importance of taking other steps to to participate in, contribute to, and amongst different groups of citizens. diminish unfounded applications enjoy economic, social, cultural and UNHCR also encourages the HLD 54 Mediterranean migration: the need for a comprehensive response FMR 26

to support the early involvement maximise the development in which they live. UNHCR urges of the development community in impact of migration. states participating in the HLD to planning for return and reintegration counter all forms of intolerance and examine ways of ensuring that Refugees and migrants are confronted and to take active measures to short-term humanitarian aid is with racism and xenophobia in many promote the inclusion and economic linked more effectively to longer- parts of the world, and are often at participation of non-nationals, term development initiatives in risk of becoming marginalised in especially refugees and migrants. returnee-populated areas. society and the economy. UNHCR wishes to draw the HLD’s attention For more information on to the dangers of this situation, both the High Level Dialogue on Promoting social inclusion for the rights and well-being of International Migration and and tolerance can refugees and migrants themselves, Development, see www.un.org/ and for the cohesion of the societies esa/population/hldmigration/ Mediterranean migration: a comprehensive response by Erika Feller Ensuring an effective, coherent and humane response to discover stowaways or encounter mixed migratory movements remains a major challenge. people in distress on the high seas, it is often unclear where and when Growing numbers of people, Countries of transit in North Africa those people can be disembarked. primarily from sub-Saharan Africa, are confronted by growing numbers are making their way across the of people who congregate in coastal An issue of particular concern to Mediterranean and Atlantic oceans in cities, waiting for the opportunity UNHCR relates to the mixed nature the hope of entering European Union to leave. When ships’ captains of the movement of people across the countries such as Spain and Italy. We The Italian do not know exact numbers but we Coast Guard do know that the people concerned Patrol intercepts are placing themselves at great risk. a boatload of African asylum Rarely a week passes without news seekers and of an unseaworthy boat that has sunk immigrants. with all its passengers on board, UNHCR/L Boldrini of dead bodies washed ashore on holiday beaches and of people who have paid huge sums of money to unscrupulous human smugglers whose last concern is the welfare of their clients. We also know that some of the people in transit across the Mediterranean are the victims of human traffickers – women and children who, even if they reach land safely, will be condemned to a life of exploitation and abuse.

In addition to the threat that it poses to human life and human rights, the movement of people across the Mediterranean has a number of other important consequences. Because such movements are irregular in nature, they can give the impression that the countries of destination are no longer in control of their borders and can thereby contribute to the xenophobic sentiments that are to be found in many parts of the EU. FMR 26 Mediterranean migration: the need for a comprehensive response 55

Mediterranean. From the evidence Our first objective is to identify an effective channelling mechanism collected by UNHCR, it would appear those people who are in need of that differentiates between individual that most have left their country of asylum and international protection. cases after disembarkation might origin for the EU in order to find In this respect, we need to think in prove to be an important means of a job, earn some money, gain new terms of a channelling mechanism preserving this important principle. skills and generally improve their to differentiate individual cases, prospects in life. But we also know register claims to refugee status Our third objective is to arrive at a that a proportion of these people and provide counselling to the clearer understanding of respective come from countries where they are people concerned. In UNHCR’s roles and responsibilities in the at serious risk of persecution and experience, this is essential both case of interception or rescue at sea. human rights violations. Such people to assess the validity of each case There are no definitive rules on the are refugees and, as such, they have and to correct false expectations. allocation of responsibility for the a right to international protection. disembarkation of rescued persons We also need to consider the and long delays can unfortunately accommodation arrangements sometimes occur. It is nevertheless Challenges provided for people who are waiting a strong maritime tradition to come to the rescue of those who The presence of refugees are in distress at sea, and this After a rescue among a larger group of tradition has been codified to at sea operation, migrants, some of whom some extent in instruments an office of the Italian Coast may also intend to use such as the 1974 Convention Guard Patrol 1 the asylum channel as a on Safety of Life at Sea and helps to examine means of entering and the 1979 Maritime Search a rescuee. remaining in Europe, and Rescue Convention2. presents UNHCR and other members of the Recent amendments to these international community Conventions seek to clarify with some important responsibilities, especially challenges. First, and in when it comes to the issue of addition to the immediate disembarkation. Guidelines task of saving lives, systems on this matter have also been and procedures have to developed by the International be established in order to Maritime Organization (IMO).3 identify those people who Effective implementation of are in need of asylum. these guidelines is essential if Second, we must ensure the international community that any measures taken UNHCR/L Boldrini is to address this issue in a by states to curb irregular coherent and effective manner. maritime migration do not prevent refugees from gaining for their cases to be assessed. The Our fourth and final objective the protection to which they are limited facilities on board ships concerns the need for lasting entitled. Third, we need a clearer are clearly inadequate. We may solutions for all those people understanding of the roles and therefore have to consider the engaged in irregular maritime responsibilities of the different actors possibility of establishing reception migration, whether or not they are involved (countries of origin and centres that provide temporary recognised as refugees. What, for transit, international organisations accommodation in coastal areas, example, should happen to those and shipping companies) when where individuals and families individuals deemed to be in need people are intercepted or rescued at can be provided with shelter, food, of international protection? Once sea. And, finally, we have to ensure health care and other basic needs. they have been granted refugee that all of those people who have status, can they be offered residence travelled – or who hope to travel – to Our second objective – and one that rights and integration opportunities Europe by sea find a lasting solution is closely linked to the first – is to locally, or does resettlement in a to their situation, whether or not ensure that border control measures third country offer a more viable they are recognised as refugees. do not prevent refugees from gaining solution? With respect to those not access to asylum procedures. States in need of international protection, These are complex and difficult have, of course, legitimate right to how can they be assisted to return issues. A number of different fora control and secure their borders. home in humane conditions or, have already been established for However, interception at sea and when this is in everyone’s interest, consultation and cooperation on other measures that are taken to curb to regularise their status in the migration issues in the Mediterranean irregular maritime migration should country where they are to be found? region. But securing an effective not result in violations of the non- and coherent response to mixed refoulement principle which prevents There is also a need to find longer- migratory movements – that includes people from being returned to term solutions to the problem the protection of refugees and asylum countries where their life and liberty of irregular maritime migration. seekers – remains a major challenge. would be at risk. The establishment of To what extent, for example, can 56 The false panacea of offshore deterrence FMR 26

information programmes be used to was intended to ensure the welfare of today is not, in essence, a refugee discourage economic migrants from all these ‘boat people’ and to provide situation. But the movement of setting out on long and dangerous protection and solutions for those people with a need for asylum and journeys? And how can the protection who qualified for refugee status. international protection is a feature capacities of countries of first asylum While the circumstances of the current of it. It is not an unmanageable be strengthened so that refugees and movement across the Mediterranean situation and there is scope for action. asylum seekers do not feel obliged and Atlantic are somewhat different, It is a problem for individual states to move from one country and a similar approach is now needed, though it has no specific geographical continent to another in order to feel involving a coherent and interlocking borders. A comprehensive and secure and to meet their basic needs? cluster of measures, agreed to collaborative response offers by countries of origin, transit the best chance of success. In the 1980s, many thousands and destination and supported of people from Vietnam and by international organisations Erika Feller is UNHCR’s Assistant Cambodia set to sea in the hope of such as UNHCR and IMO. High Commissioner (Protection). reaching South-East Asian countries Email: [email protected] such as Malaysia, Singapore, the Philippines and Thailand. 1. www.imo.org/Conventions/contents.asp?topic_ Conclusion id=257&doc_id=647 To address that movement, the 2. www.imo.org/Conventions/contents.asp?doc_ international community established The pattern of migration that we id=653&topic_id=257 a Comprehensive Plan of Action that are witnessing in the Mediterranean 3. www.imo.org The false panacea of offshore deterrence by James C Hathaway

Governments take often shockingly blunt action to deter arrivals by offering Mauritania patrol boats to stop departures and to set refugees and other migrants found on the high seas, in up refugee camps in Mauritania. their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate Are such practices legal? or, at the very least, immune from legal accountability. The 1951 Refugee Convention and its 1967 Protocol do not allow states For example, the US maintains Spain erected dual razor-wire to refuse protection to refugees just that it has no legal obligation to fences around its North African because they have not yet entered intercepted refugees, even if they enclaves of Ceuta and Melilla to the core of its territory. Simply put, manage to reach its territorial sea. deter groups of largely sub-Saharan the most basic duties – including Indeed, the US recently argued that a migrants anxious to enter the the critical duty of non-refoulement, Cuban asylum seeker – traditionally European Union. Even those who requiring states not directly or a highly favoured group under its successfully scaled the barriers indirectly to return refugees to the domestic law – could not assert were often summarily sent back to risk of persecution – apply wherever a right to protection because the Morocco, which is reported simply a state exercises jurisdiction. Whether bridge where her tiny boat landed to have dumped them in desert protection is sought on Lampedusa or had been disconnected by storms border zones. The ‘success’ of this in Rome, the refugee law implications from the American mainland. deterrent programme put renewed are identical. It makes no difference pressure on the Spanish Canary whatever if asylum is claimed by a When some 10,000 persons Islands, a favoured destination until refugee clinging to the outermost managed to reach the Italian 2002 when radar and sea patrols razor-wire fence at Ceuta or at a island of Lampedusa this year, were instituted to deter travel from police station in Madrid. Nor may Italy responded by discontinuing Morocco to the Canarian islands of there be any peremptory refoulement its traditional practice of sending Fuerteventura and Lanzarote, some of refugees encountered by vessels them to Sicily for processing of 100 kilometres away. The most recent patrolling a state’s territorial waters, protection claims. Instead, the BBC flows have thus been forced to take or even of those intercepted on the reports that the “migrants were a much longer and more perilous high seas. Because jurisdiction is despatched back handcuffed in route from northern Mauritania to the lynchpin to responsibility, state military planes from Lampedusa Tenerife. The Spanish government parties to the Refugee Convention direct to Libya. No questions asked.” has responded to the upsurge in must provisionally honour the rights FMR 26 The false panacea of offshore deterrence 57 of persons under their authority rickety or grossly overcrowded objectives. It is also of real value to who claim refugee status until and vessels, it has been said that states in regions of origin, which unless they are fairly determined departures must be stopped in desperately need binding guarantees not to qualify for protection. order to avoid risk to life or limb. of substantial resources to cope with endemic refugee flows. Most Despite the clarity of these legal rules, There is, however, a critical legal critically, it would enhance the two kinds of argument are made distinction between sensible efforts welfare of the overwhelming majority in support of deterrent measures. to provide information and to make of refugees not able or willing to it difficult for traffickers to exploit flee beyond their own region. The first is that insistence on rigorous people on the one hand, and more respect for the rules of refugee law aggressive efforts actually to stop Discussions along these lines are, amounts to allowing the proverbial departures on the other. Whatever the of course, already occurring. There tail to wag the dog. Because in any risks, every person has the legal right is clear interest in exploring both given flow towards the developed to make the decision about departure the operational flexibility which world today refugees are significantly for him or herself. The relevant rule refugee law affords, and the value outnumbered by economic migrants in such cases is not rooted in refugee of systems to share out both the – whose entry can normally be law but in the requirement in the responsibilities and burdens inherent lawfully resisted – it is argued that International Covenant on Civil in refugee protection. It is not at all and Political Rights1 that all persons clear, however, that present initiatives be allowed to leave any country, are based on finding practical ways It is the refugee’s right including their own. Allegedly by which to respond to involuntary to decide when the humanitarian steps taken to shut migration from within a rights- down escape routes – such as the based framework. Potentially lost risks of staying put formal agreement between the US in the discussions as they have are greater than the and Cuba in 1994 requiring Cuba evolved to date is the imperative to to “... take effective measures in reform the mechanisms of refugee risks of setting sail every way it possibly can to prevent law not simply to avert perceived unsafe departures using mainly hardships for states but also in governments must be free to respond persuasive methods” – are unlawful ways that really improve the lot of effectively to the dominant (non- and paternalistic. It is the refugee’s refugees themselves. If the net result refugee) character of the arrivals. right – not the prerogative of any state of reform is only to lighten the load or humanitarian agency – to decide of governments, or to renew the As a matter of law, though, non- when the risks of staying put are capacity of international agencies to selective deterrent measures cannot greater than the risks of setting sail. meet the priorities of states, then an be justified where genuine refugees extraordinary opportunity to advance are part of a mixed flow. There is Until and unless the abuse that the human dignity of refugees no exception to the duty of non- causes refugees to flee in the first themselves will have been lost. refoulement for situations in which the place is ended, the only real answer cost or inconvenience of processing is to provide safe alternatives to The challenge, then, is twofold. Most claims is great, or where only one unsafe routes of escape. While blunt obviously, we must flatly reject the in ten entrants is actually a refugee. deterrence of refugee or mixed flows legitimacy of generalised deterrence Nor can states lawfully avoid is unlawful, states are perfectly which can block refugee flight, refugee protection obligations by free to conceive creative protection including even deterrent measures deciding simply not to assess claims alternatives. Most sensibly, the focus prompted by genuine humanitarian made to them. As UNHCR rightly should be on the establishment of concern. Second, we should embrace insists, a refugee does not become genuine protection options within the opportunities which reform of the a refugee because of recognition, regions of origin. Where intra- mechanisms of refugee law affords but is recognised because s/he is regional alternatives are truly safe both to save lives now risked in the a refugee. In practice, this means and accessible and deliver rights- flight to asylum and to improve the that a person who may be a refugee based protection, it is likely that quality of protection for all refugees must be provisionally treated as most refugees will feel no need to in the world, wherever located. such until and unless he or she is undertake perilous voyages. Indeed, fairly determined not to qualify for where protection options that meet James Hathaway is James E and refugee status. Measures which deter international legal standards are Sarah A Degan Professor of Law, refugee claimants from arriving in declined for economic, social or other and Director of the University of an asylum state are therefore no reasons not related to protection, Michigan’s Program in Refugee and less in breach of refugee law than is refugees who travel farther afield may Asylum Law (www.law.umich. the removal of a recognised refugee lawfully be returned to their own edu/CentersAndPrograms/pral/ already present in a state’s territory. region. For this reason, a re-emphasis index.htm). His most recent book on making real protection available is The Rights of Refugees under A second and more complex closer to home should be attractive International Law, Cambridge, argument for deterrence is sometimes to developed states: while less 20052. Email: [email protected] made on humanitarian grounds. ‘efficient’ than (unlawful) deterrence, Particularly where refugees and it is, nonetheless, consistent with 1. www.hrweb.org/legal/cpr.html 2. www.cambridge.org/uk/catalogue/catalogue. others arrive by sea, often in their more general migration control asp?isbn=0521542634 58 Rule of law in Sudan’s Three Areas FMR 26 Rule of law in Sudan’s Three Areas by Sebastien Gouraud

The establishment of rule of law is crucial to sustaining through lengthy and time-consuming processes to establish their rights, peace-building efforts in post-conflict Sudan. In only to be compensated with March 2005, UNDP embarked on a major rule of law unattractive plots in the countryside. programme in the isolated and war-torn Three Areas These initial cases indicate the need region in order to facilitate people’s access to justice. to establish a fair judicial resolution mechanism and formal registration of urban property ownership. Abyei, Blue Nile State and Southern and international level. The absence Kordofan/Nuba Mountains – an area of effective action at community, With only a few exceptions, with a population of around four state, national or international level women do not enjoy the right to million – are collectively known as could undermine the entire North- own property under customary the Transitional or Three Areas. The South peace-building process. It is law and may face acute problems Comprehensive Peace Agreement against this background that UNDP in reclaiming land or property (CPA) signed in January 2005 by has established its Strengthening belonging to the husband or other the Government of Sudan and the Access to Justice and Human Security male family members. Women often Sudan People’s Liberation Movement programme in the Three Areas. bear the sole burden of providing (SPLM) did not resolve whether the for themselves and their families, region was to be part of Southern and have been thrust into the public Sudan or remain under the control of Conflict and violence sphere in a highly militarised male- Khartoum. Protocols agreed between dominated environment. Traditional the Government of Sudan and the It is anticipated that, despite the family and community arrangements SPLM in May 2004 recognise the CPA, violence will continue to that provided physical and material special status of the Three Areas but plague certain areas of the Three security for women and children in leave many questions unresolved. Areas, especially where tensions the past now afford little protection Two years after signing of the are high due to the presence of from criminal elements. Engendering protocols, the Three Areas – which militia, oil interests and the ongoing customary and statutory rule of were at the frontline of the North- return process. Many communities law institutions and mechanisms South civil war – are now confronted are militarised, small arms are in the Three Areas remains one of by a large influx of returnees as well readily available and competition the most formidable challenges to as continuous conflict over land, over scarce resources is fierce. administration of justice reform. property and natural resources. It Expansion of the towns and their Men and women are regarded as is estimated that 300,000 displaced surroundings during the period of very different legal subjects in both persons and refugees will return to return and reintegration is bound the formal and informal realms the Three Areas in 2006, the majority to aggravate matters and lead to and women tend to be excluded to Southern Kordofan and Blue Nile. increased levels of criminal activity. from leadership or significant These large-scale returns, coupled public decision-making fora. with the lack of absorption capacity Land rights are traditionally derived in areas of return, pose a clear and from ancestors and often collectively distinct threat to human security owned by the community or tribe. For UNDP’s Access to and sustainable reintegration. the most part, a formal registration Justice Initiative or documented ownership scheme is Given the current increase in crime absent. However, in urban areas land To try to respond to these issues, and in land and property claims, and property are increasingly viewed UNDP – in coordination with the plus the general lack of trust in state as a legal right based on individual International Rescue Committee institutions, it is critical to provide claims and documentation. Many – has established five Justice & returnees and receiving communities foresee potential problems in the Confidence Centres (JCC) in Abyei, with effective mechanisms to provide towns, where the authorities have Kadugli, Dilling, Lagawa and protection, resolve disputes and allocated or leased plots to traders, Damazin. Through these UNDP aims redress grievances. Establishing prominent individuals or others who to improve access to justice, foster rule of law in Sudan will require a can afford to lease land and property. the reconciliation and confidence combination of community-based There are reports of pending or process between returnees, local approaches and capacity building of unsatisfactorily resolved cases of communities and the authorities rule-of-law institutions. They must ownership in towns like Abyei. and engage the authorities in be reinforced by good governance In most instances the legitimate proactive civilian protection. and political action at the national owners of property have to go FMR 26 Rule of law in Sudan’s Three Areas 59

liaising between the client and the Rule of Law police, prosecutors and judges. Symposium in Agok, March 2006. In addition, UNDP is also supporting public interest litigation to try to change existing patterns of power and privilege. This kind of litigation involves lawyers taking up cases on behalf of interest groups or communities who are largely vulnerable and powerless, such as prisoners, women, the poor and IDPs.

Through their Legal Information & Resource Centres, the JCCs make available legal information and materials – law texts and other regional and international human rights documents and publications – not only to the public but also to judges, lawyers, prosecutors and human rights activists.

Conclusion

The Access to Justice Initiative, which is at the heart of the UNDP Rule of Law programme in the Three Areas, includes capacity building of judicial and law-enforcement institutions as well as support for traditional dispute resolution mechanisms. The return and repatriation of displaced persons to the Three Areas presents a unique array of human security problems which have a direct bearing on the protection of Sebastien Gouraud/UNDP individuals and communities and on access to justice. UNDP’s Access The human rights outreach activities provision of legal aid, representing to Justice Initiative targets this early of the JCC encourage stakeholders clients (communities and individuals) recovery phase in order to address to accept their responsibilities in the before the authorities and, at the same immediate protection needs while process of confidence building and time, empowering the latter to become at the same time bridging the gap to support a culture that respects more effective and responsive. This between relief and development the rule of law. This entails building involves expanding provision of free in an effective and realistic way. the knowledge, capacity and legal services to poor, marginalised confidence of vulnerable groups to and indigent groups or communities. Sebastien Gouraud is a Programme enable them to work towards their Such assistance is relevant for both Officer in charge of the UNDP Rule own development. Empowerment civil and criminal cases and involves of Law Programme in the Three activities include educating the representation in formal court Areas (Abyei, Blue Nile State and poor and other vulnerable groups, proceedings as well as providing South Kordofan State). Email: especially women and IDPs, about advice and assistance concerning [email protected] For legal and human rights, and helping administrative matters that can be more information about the UNDP them take legal action. In contrast determined in quasi-judicial tribunals. Rule of Law Programme in Sudan, to conventional human rights contact Yasmine Sherif, Head of Unit training, JCC awareness-raising There are currently very few & Senior Adviser on Rule of Law. activities draw on traditional and legal professionals in the Three Email: [email protected] indigenous conflict resolution, Areas. One of the objectives of the cultural and religious values. Justice and Confidence Centres is This article is written in a personal to identify individuals – possibly capacity and does not necessarily Legal awareness raising helps people those with a legal background – to represent the views of the UN understand they are entitled to claim train them as paralegals. The role or any other organisation. remedies against infringements of of the paralegal is to help people their rights. UNDP is supporting the solve their legal problems by 60 Right to education in South Darfur FMR 26 Right to education in South Darfur by Katherine Reid

Education is an absolute right for all children, yet in Darfur lack of resources and inadequate infrastructure. Schools often collect children have always had limited access to schooling. fees from students to address these Innovative programmes and increased assistance are shortcomings (despite protests from vital if children in South Darfur are to exercise this right. UNICEF and other child protection and education organisations), Sudan ratified the UN Convention and numeracy skills. Government further marginalising those students on the Rights of the Child (CRC)1 capacity to provide education for who cannot afford the fees. in 1990, thus committing itself to these children is limited by lack of protecting and assuring the right resources. Through partnerships Within the IDP camps, poor to education for all children within with the state’s education infrastructure, overcrowding and its borders – including the right authorities and international and lack of both materials and trained of access to education for young local NGOs, UNICEF is working teachers all significantly affect the refugees and IDPs. This commitment to address these problems. provision of quality education for IDP is of particular significance in children and youth. For those who do Darfur where an estimated two Since 2004, UNICEF has provided not have immediate access to schools million people have been displaced support for the education of some within camps, long distances to the since the conflict started in 2003. 70% of the state’s conflict-affected nearest available schools – sometimes children through the provision of an hour’s walk in each direction One of the roots of the – additionally hamper Elzina Adam crisis is the Sudanese access to educational Ismael teaches government’s long- services. This marginalises children to standing neglect of girls in particular, many of read in a camp outside Nyala in the region. Schools whom are not permitted South Darfur. in Darfur are few to walk long distances and far between, and for fear of attack. In where they do exist some areas, corporal they have traditionally punishment is still in use, been understaffed and deterring children further. under-funded. Darfur

is the exception to the Committee Rescue Biro/International Peter Adolescents are rule about conflicts particularly affected, and education, for with few educational today there are more options available. Some children in school attend primary schools than before the supported by UNICEF conflict. International and local/international humanitarian NGOs in order to assistance has complete their primary enabled more children to attend educational supplies, uniforms, in- education which was cut short by school and provision in IDP camps service training for volunteer teachers the conflict. Others join government- is generally better than in villages. and construction and rehabilitation supported schools in the local More children, and especially girls, of classrooms and school water and community – if they can pay the fees. are in school because their families sanitation facilities. UNICEF has The majority, however, have few have lost their land and animals, also prioritised improving access to options open to them for continuing leaving children with less work to do. education by marginalised groups any education. Many are burdened – in particular girls, whose enrolment with family responsibilities. Instead of In South Darfur it is estimated there rates increased from 28% at the start attending schools, girls are required are nearly 257,000 conflict-affected of the conflict in 2003 to 42% during to take care of children, cook and children of school age, two thirds the 2005/2006 academic year. clean, and boys are often expected of them IDPs. South Darfur has the to support their families financially. largest population of school-age Despite these interventions, education children not enrolled in school. Most provision for children and youth These difficulties are evident in drop-outs occur after only a few years in South Darfur is still beset with Kalma, the largest IDP camp in of schooling, before children have difficulties such as insufficient and Darfur, located on the outskirts had a chance to develop basic literacy delayed payments for teachers, of Nyala. At last count, around FMR 26 Right to education in South Darfur 61

87,000 IDPs lived in mile after mile problem, IRC is working with the Katherine Reid is Child Protection of tightly packed shelters. With government to organise accelerated Coordinator, IRC/Darfur. Email: bustling markets, the camp is, in learning classes. These provide [email protected] Additional effect, a city which struggles to cope opportunities for youth to re-enter contributions were provided by with crime, poverty and insufficient their studies at the level they were Jennifer Hofmann, Consultant with social services. Schooling in Kalma when they dropped out, to progress the Child and Youth Protection is provided by UNICEF and its at a faster pace than would be and Development Unit, IRC HQ. partners but does not extend beyond possible in traditional schools and completion of primary school at age to obtain certified proof of their 1. www.unhchr.ch/html/menu3/b/k2crc.htm 2. www.theirc.org 13. Secondary school education – achievements. Provided at youth which donors do not deem a priority centres, the classes will enable easy in emergency settings – does not exist access and flexible schedules even in Kalma or indeed in the majority for those youth who are required of IDP locations across Darfur. For to work for part of the day. FMR Editorial Advisory Board youth with little to do during the day and few opportunities for the IRC has expanded its programme Although the EAB members’ future, the attraction of potentially to include vocational training institutional affiliations are listed anti-social activities is sometimes for youth as well as training in below, they serve in an individual hard to resist. Some young adults basic lifeskills, adolescent health capacity and do not necessarily have inevitably become involved in and youth leadership, in order to represent their institutions. petty crime, gang-related activities build knowledge, confidence and and, in some cases, violence. self-reliance. In terms of formal Paula Banerjee education, however, there are still Calcutta Research Group In smaller camps closer to towns, a number of gaps that remain. youth have better access to Kine Brodtkorb educational services. This is true in Norwegian Refugee Council Secelee camp, for example, where Closing the gaps most schools within 30 minutes’ Mark Cutts walking distance cater for both IDP Alternative methods of education UNHCR and host community populations. are important but cannot replace Most of the youth attending these the need for formalised education Jens-Hagen Eschenbächer primary schools, however, are in Darfur. In order to ensure all Internal Displacement enrolled at levels below their age. young Darfurians have the right Monitoring Centre to education, it is important to: Kemlin Furley Addressing the problem n assist older youth to UNHCR complete primary school To help provide a wider range Khalid Koser of educational opportunities for n provide free secondary school Brookings-Bern Project on displaced and conflict-affected education for adolescents in Internal Displacement youth, local and international IDP camps, rural areas and NGOs are offering alternative, more potential areas of return Erin Mooney accessible and more flexible methods ProCap/UNHCR of schooling. Since mid 2005, for n continue training for teachers instance, the International Rescue – including on child rights – to Bahame Tom Nyanduga Committee (IRC)2 has been providing improve the quality of education Special Rapporteur on Refugees, basic literacy and numeracy classes and responsiveness to the varied IDPs and Asylum Seekers in Africa for youth in five camps in Nyala and needs of children and youth and to four in Kass. Some 850 young people ensure communities can provide Nick Roseveare – over half of them girls – attend quality education in areas of return Oxfam GB these classes every day, helping them to catch up with children in the host n advocate for greater government Dan Seymour community and do better in their commitment to providing free UNICEF normal schooling. For those not education, school resources attending formal school – primarily and teacher salaries. Jeremy Stickings girls – the classes provide their first DFID introduction to reading and writing. Achieving these objectives will require not only continued assistance Richard Williams While literacy and numeracy classes from the UN and NGOs but also ECRE obviously provide a much needed greater donor commitment to service for youth with no access provide resources to ensure equal Roger Zetter to schooling, they do not offer access to a quality education Refugee Studies Centre certification to allow young people for all young people in Darfur. to subsequently re-enter the formal Unfortunately, such a commitment education system. To address this does not appear to be forthcoming. 62 Burundi: sliding off the humanitarian radar screen? FMR 26 Burundi: sliding off the humanitarian radar screen? by Tom Delrue

As Burundi faces its greatest challenges since the violence Risk of renewed conflict in 1993 that cost 300,000 lives, the way it manages the Unresolved issues risk reactivating return and reintegration of IDPs and refugees will be a conflict. Hundreds of thousands determining factor for the success of its transition to peace. of small arms are in circulation in Burundi.2 Lack of housing and government (elected in August unresolved land and property 2005 and headed by former rebel rights issues deter IDPs and leader Pierre Nkurunziza) and refugees from returning to their the international community deal place of origin and are a major with such post-displacement potential threat to future stability. issues as land and property claims, reconciliation and transitional justice. Several waves of displacement have resulted in complex and politically Martti International Lintunen/ACT The link between displacement, sensitive issues around land and return, reconciliation and property. In some cases IDPs and successful transition towards a returning refugees have occupied consolidated peace is frequently land abandoned by those who fled either underestimated or neglected conflict. Over the years, IDP sites have by the international community. grown into village-like settlements. It is often driven by the media Many are on state-owned, private as focus switches to other crises or church-owned property and have and consolidation of fragile peace insufficient land for cultivation. The and sufficient investment in early status of the IDPs on these properties recovery are ignored. All too often remains unclear and this has led to the international community conflicts with original owners, many sees democratic elections and the of them returnees. Some new owners installation of a new government are speculating with the land for as offering an exit strategy. Instead, commercial gain. This is a potential this should be a trigger for the source of tension, especially where Andre Chomba From the early 1990s, hundreds of international community to provide under-utilised plots are located shows his new thousands of Burundians fled their all necessary support – for socio- in areas of land scarcity. Burundi election card - his homes to escape fighting between the economic development, reconciliation is one of Africa’s most densely only official proof of identity. He government and Hutu rebel groups and transitional justice – in order to populated countries. Some 90% of lost his wife and seeking to put an end to the political avoid the need for new humanitarian the population depends directly on four of his eight dominance of the Tutsi minority. interventions some years later. agriculture for survival. Existing land children in Many others, predominantly Hutus, scarcity will be exacerbated if current the war. “But I’m not so were forcibly displaced into camps by Following the decision of the demographic growth continues and much afraid the government in the second half of Tripartite Commission on if the remaining Burundian refugees of the soldiers the 1990s. The number of IDPs peaked the Voluntary Repatriation of abroad decide to return. It is therefore and fighting in 1999, with over 800,000 displaced, Burundian Refugees in Tanzania imperative to establish a proper anymore. I am 12% of the population. Several to move from facilitation of return and equitable system of resolving more worried whether we will hundred thousand IDPs and refugees to promotion of return, UNHCR land and property issues. Most have the strength have returned home since 2003, started promoting return in the conflicts in Burundi are property- and commitment following the general improvement refugee camps in Tanzania in related and the judicial system lacks to rebuild of security after the signing of June this year. It remains unclear either the resources or legislation our lives.” ceasefire agreements between the whether the refugees will consider to deal with massive returns.3 government and several rebel groups. it safe enough to return. With Most recent UN estimates put the widespread poverty and illiteracy, The Burundian government is number of Burundian refugees at rapid spread of HIV/AIDS, high developing a national policy for around 400,000 (200,000 refugees infant mortality rates, insufficient internal displacement that should in camps and 200,000 others in delivery of social services (especially clarify the status of sites for IDPs. villages/settlements) and the number in health and education), a large Either the current situation will of IDPs (mainly Tutsis) at 117,000. degree of impunity for perpetrators be formalised and those unable following the 1993 events and the to return home will be allowed to The success of Burundi’s transition absence of a reconciliation process, integrate on a permanent basis, or to peace hinges on how its new there is little to motivate return. FMR 26 Burundi: sliding off the humanitarian radar screen? 63 they will be given the opportunity to In order to address current and relocate elsewhere in new villages. potential sources of tension – and to The International Crisis prevent new waves of displacement Group has called for: Nobody expects the 400,000 – urgent attention must be paid to: Burundian refugees in neighbouring n prioritising highly visible projects countries – mainly Tanzania n establishing a truth commission to give Burundians confidence – to return immediately. However, that peace has its benefits and UNHCR’s return campaign, the end n re-activating the existing ‘welcome to provide job opportunities for of the school year and the renewed committees’ in places of origin ex-combatants, refugees and commitment to continue peace talks unemployed civilians alike between the government and the n ensuring that the international FNL – the most hardline Hutu group community – in both n applying pressure on donors – might result in a large number emergency and recovery phases to meet their commitments: of of returnees. Does the government – acknowledges and builds $1.1 billion pledged to Burundi have the institutional capacity to on the links between peace by donors since 2000, only cope with a substantial influx of building, conflict resolution, 66% has been disbursed. returning refugees? The government cross-community building is currently proposing to keep and judicial issues, and the n building an effective legislature returnees without land or references return and reintegration of and judiciary and creating in transit sites but this might IDPs and returned refugees. a culture of accountability, well result in increased tensions. transparency and respect for Returning refugees unable to recover All too often a fragile and incomplete human rights in government their property will be forced to stay peace is simply the prelude to with families and risk becoming renewed armed conflict. In June 2006 n encouraging accountability by themselves internally displaced. the UN inaugurated a Peacebuilding rebuilding respect for rule of law Commission5 – currently chaired by and eliminating a former UN Special Representative culture of impunity Reconciliation and to Burundi Caroline McAskie peace building – to help reconstruct countries after n rebuilding civil society conflict and ensure sustainable Conflict and displacement inflict peace. The Commission aims to: n assisting land reform and lasting wounds on individuals resettlement by provision of and communities which may take n propose integrated legal, technical and financial generations to heal, if they heal strategies for post-conflict assistance (paying particular at all. Reconciliation efforts are peacebuilding and recovery attention to the rights of women) essential to help the healing process. The vast majority of IDPs state that n help ensure predictable financing n financing programmes their preferred durable solution is for early recovery activities and to reintegrate ex- return – but only on condition of an sustained financial investment combatants into society. accompanying reconciliation process. over the medium to longer term Taken from articles by Gareth The release in January 2006 of 673 n extend the period of attention Evans, president of the prisoners who had been incarcerated by the international community International Crisis Group in connection with the violence that to post-conflict recovery www.crisisgroup.org Full text followed the 1993 assassination of of articles at: www.crisisgroup. President Melchior Ndadaye does n develop best practices on org/home/index.cfm?id=3895&l=1 not foster a climate for return and issues that require extensive and www.crisisgroup.org/ reintegration. Several IDPs risk being collaboration among political, home/index.cfm?id=3903&l=1 confronted by former criminals military, humanitarian and against whom they provided development actors. 1. See Internal Displacement Monitoring Centre report evidence. The released prisoners were www.internal-displacement.org/countries/burundi granted provisional immunity while Given the importance of ensuring a 2. ‘Guns Out of Control: the continuing threat of small waiting to appear before a Truth well-managed peace-building and arms’, IRIN, May 2006, www.irinnews.org/webspecials/ and Reconciliation Commission. reconciliation process which takes small-arms/default.asp 3. See International Crisis Group, ‘Réfugies et Déplaces full account of displacement-related au Burundi – Désamorcer la Bombe Foncier’, Africa UN Security Council Resolution 1606 issues, Burundi could be an excellent Report No. 70, Oct 2003 and From the Ground Up: Land of 20 June 2005 called for negotiations test case for the Commission. Rights, Conflict and Peace in Sub-Saharan Africa, edited for the establishment of a truth by Chris Huggins and Jenny Clover, June 2005, African commission and a special chamber Tom Delrue is Field Response Centre for Technology Studies, www.acts.or.ke 4. www.un.org/Depts/dpko/missions/onub/ The new in the Burundian court system. Officer at OCHA (http://ochaonline. government has requested ONUB to withdraw by Despite preparatory talks in late un.org). Email: [email protected] December 2006. See also United Nations Operation 2005 between the UN Operations in in Burundi (ONUB) - Political and Strategic Lessons Burundi (ONUB)4 and the Burundian This article is written in a personal Learned, July 2006, http://pbpu.unlb.org/pbpu/view/ viewdocument.aspx?id=2&docid=796 government, no such commission or capacity and does not necessarily 5. www.un.org/peace/peacebuilding special chamber has been established. represent the views of the UN. 64 Strengthening the voices of refugees in UNHCR planning FMR 26 Strengthening the voices of refugees in UNHCR planning by Leslie Groves

Diversity among refugee and IDP populations is often and age mainstreaming project in overlooked. Through its Age, Gender and Diversity 14 countries which included: Mainstreaming Strategy, UNHCR is working to ensure that n participatory assessment with persons of concern receive equal opportunities to access groups of refugee/internally UNHCR services, regardless of age, sex and background. displaced girls, boys and women of different ages When communities are displaced, among protection, programme women, young people, the elderly and community services staff, an n workshops with staff and and minorities are often marginalised. absence of analysis with partners partners to integrate findings They seldom get a chance to and an overall lack of accountability. into organisational planning participate in decisions that directly Programmes were fragmented affect their lives, which can put and age and gender issues not n use of multi-functional teams them at greater risk of harm. addressed in an integrated way. – bringing together programme, community services and Three evaluations of UNHCR’s work UNHCR accepted the need to discuss protection staff – to implement with refugee women and children directly with refugee women, men, policies on refugee women and Sexual and and UNHCR’s community services girls and boys the protection risks children through a rights- and Gender Based Violence concluded that the agency did not they face, the underlying causes and community-based approach specialist have enough direct, systematic proposed solutions and the capacities Beth Martin contact with persons of concern. of the refugee community to address n placing accountability for sensitising They reported low participation by these issues and to ensure these in-country age and gender IDP women on refugees in UNHCR programmes, discussions helped shape UNHCR’s mainstreaming with the Country sexual violence, Garsila camp, particularly among women and response strategies. In 2004, Representative, UNHCR’s most West Darfur. children, a lack of coordination UNHCR introduced a pilot gender senior staff member in-country. UNHCR/H Caux FMR 26 Strengthening the voices of refugees in UNHCR planning 65

In April 2005, the pilot project responses and find appropriate sexual exploitation (particularly was evaluated with assistance solutions in a participatory manner. of adolescent girls) and the from staff from the Women’s need to improve protection for Commission for Refugee Women Some concrete examples of the physically and mentally and Children and Jesuit Refugee impact on work practices are: disabled and minority groups Services. They recommended that and to improve information mainstreaming continue in the n Improved protection and and communication flows. eight countries evaluated and be programming, including advocacy: rolled out widely across UNHCR. In Colombia, planning modules UNHCR has also learned the: Their recommendations have been have been modified to incorporate acted upon. The methodology has differences by age, gender and n value of learning by doing: instead been broadened to cover diversity other determinants of diversity. of age, gender and diversity of background, as well as age In Colombia, Greece, India, Syria issues being seen as an ‘add-on’ and gender. Annual participatory and Venezuela, age, gender and or as the domain of specialists, assessment exercises have been diversity mainstreaming has been the methodology has placed made compulsory. Responsibility added to staff work objectives. the voices of diverse persons of for the roll-out of the methodology In Kakuma, Kenya, refugee men concern directly at the centre of the to all UNHCR country operations report that they have noted “a lot annual planning cycle. Staff have is gradually being handed over of changes” since the initiative, been able to see for themselves from technical specialists to staff of notably in terms of improved the impact of age, gender and UNHCR’s regional bureaux. Fifty-five camp security and follow-up on diversity power relations. UNHCR and three NGO staff, trained reported security concerns. In as facilitators, will train country Ecuador, a community income n need to simultaneously use staff who will in turn facilitate in- generation initiative – established interlinking and mutually country participatory assessments, as a result of the assessments reinforcing mechanisms follow-up workshops and age, – has given refugees a sense of gender and diversity analysis in empowerment: “Now we can n need to engage senior their own country operations. earn a living and show that we management support: support are not just taking from society from the High Commissioner By April 2006, multi-functional teams but giving and creating jobs. This downwards has been crucial in 52 countries – joined, in most helps combat discrimination.” in the prompt response to the cases, by government, UN and NGO evaluations, facilitating roll-out partner agencies – had conducted n Improved partnership and team- and ensuring that participatory participatory assessments with working: In Ecuador, government assessment with diverse groups separate groups of males and females counterparts now employ women became a mandatory country aged 10-13 and 14-17, 18-40 and over to interview women asylum planning requirement the age of 40. Discussion focused seekers and implementing on education, livelihoods, security partners are required to consider n importance of enthusiastic, and protection risks. Analysis of age and gender mainstreaming committed and skilled staff findings is underpinning formulation within their proposals. In Syria, a who value the participatory of UNHCR’s Country Operations partner reports that they no longer assessment tool as a way to re- Plans and includes targeted action decide ‘for’ but ‘with’ refugees. connect with persons of concern to protect the rights of groups suffering from discrimination. An n Greater engagement with people of n importance of partnerships: electronic ‘community of practice’ concern: Staff in India, Zambia and sustained donor and NGO interest enables staff to discuss challenges, Benin have held more meetings has been vital in monitoring share good practice and get support with women and report that more the process and providing from colleagues. An accountability women have been encouraged financial and technical support. mechanism is also being developed. to take on leadership roles.

“UNHCR’s age and gender n Improved communication and mainstreaming process is a historic Impact outreach: In India and Syria, opportunity to ensure refugee reception centres have been women and children’s place in the Although some countries were altered to allow greater privacy decision-making process from the already working on gender awareness for different groups; in India, beginning. They are the experts on issues, a large number of staff report separate reception areas have what will work best to improve their that they now look at issues affecting been built for women, children lives and protect their rights and women, men, girls and boys more and elderly people. Persons of we applaud UNHCR for taking this systematically. By jointly analysing concern interviewed in different important new step. We look forward the causes behind the protection countries said that they now to seeing real changes in the lives risks facing persons of concern, as have a better awareness of of refugee women and children well as identifying their capacities UNHCR’s mandate and capacity. worldwide.” Dale Buscher, director of and skills, the multi-functional teams the Women’s Commission protection have been better able to prioritise n Greater awareness of protection and participation programme. risks, domestic violence and 66 UNHCR: protection and contemporary needs FMR 26

Challenges Key challenges are: n sustaining the engagement of partners and persons of concern UNHCR’s age, gender and n ensuring resources are available through participatory planning, diversity mainstreaming initiative to support the recommended five- feedback and regular engagement. involves massive organisational day participatory assessment and change, the difficulties of which to sustain the multi-functional It is still early days but it is clear should not be underestimated. team approach – in a context that the initiative has brought Issues such as children’s rights, where a) staff cannot even meet UNHCR staff closer to UNHCR’s women’s empowerment, education, the immediate needs of the daily persons of concern, improved livelihoods, security and rights- queues of persons of concern, let staff understanding of issues, based and community development alone find out what the additional provided a structured approach approaches are being addressed, needs of diverse groups may be which has helped prioritise not with case studies and theories or b) sweeping funding cuts are action, strengthened cooperation but directly as colleagues come being implemented across UNHCR among staff and with partners and together – often for the first time made UNHCR leadership more – to discuss concepts and practices n incorporating the approach into accountable. Sustained support in a non-hierarchical framework. immediate post-emergency work from senior management, donors, NGOs and all UNHCR staff is now The initiative is additionally n regularly reinforcing staff needed to overcome the many attempting to strengthen relations members’ understanding of the obstacles to consistent, committed between UNHCR and persons of complexities of the root causes and effective mainstreaming of age, concern and between UNHCR of discrimination, in order to gender and diversity principles. and partners, to address the transform working practices organisation’s fragmented working in a sustainable manner Leslie Groves, a child rights and methods – both in Geneva and social development consultant, led in the field – and to improve n ensuring follow-up and the evaluation of the age and gender accountability and leadership. consolidation of learning without mainstreaming pilot and drafted using scarce resources on further UNHCR’s accountability framework. workshops and training Email: [email protected]

UNHCR: protection and contemporary needs by Bill Clarance

UNHCR’s institutional response to the protection of internally which reflects the general nature of displaced persons (IDPs) is still seriously inadequate. international institutions, particularly their vulnerability to external Since the 1970s, successive High involvement in terms of protection pressures when called upon to Commissioners have recognised IDPs and solutions”.1 Moreover, she act in politically sensitive areas. as a group with similar needs to those subsequently drew attention to of refugees. In Sri Lanka in the early “the direct linkage between internal The agency’s founding fathers 1990s, Thorvald Stoltenberg extended displacement and refugee flows, well understood the potential UNHCR’s assistance and protection as the causes of displacement may institutional pitfalls and decided to IDPs who were on the fringe of or be indistinguishable, and the only that the protection mandate beyond UNHCR’s official mandate. distinction being that the former have should be conferred upon the High His successor, Sadako Ogata, not only not crossed an international frontier.”2 Commissioner rather than the endorsed the programme (which agency. This move has been fully had been challenged during the Why, with such positive attitudes vindicated. Without exception, interregnum before she took over towards IDPs at the top as well as High Commissioners have taken leadership of the agency) but also in the field, has UNHCR’s overall their protection responsibilities issued a formal directive in which performance been so disappointing? very seriously indeed, been she described situations where IDPs UNHCR’s reluctant and sluggish able to exert international moral were mixed with refugees as those response to the challenge of IDP authority and, when necessary, where “UNHCR should consider protection is but one aspect of its been ready to take on governments taking primary responsibility for the faltering response towards the to an extent which would have internally displaced, weighing in changing face of global displacement been unlikely if the agency had each case the additional benefit of its and, more fundamentally, one been structured differently. As a FMR 26 UNHCR: protection and contemporary needs 67 result, international protection of it is generally better than in civil has assisted millions of displaced refugees has been strengthened war zones in countries of origin. people. Its High Commissioners and extended throughout most of The deployment of humanitarian have vindicated the judgement of the world. Moreover, within the fieldworkers in a war zone is only the founding fathers that a post with agency protection was officially justifiable when the risks are judged such attributes was essential for the established – and regularly to be manageable and significantly integrity of international protection. reaffirmed – as the primary outweighed by the benefits but, Its Division of International function of UNHCR’s mandate. despite the dangers, it remains an Protection has developed exceptional essential part of an effective IDP professional capacity for setting, UNHCR’s founders could not have protection role. A professional maintaining and promoting the foreseen that this new agency – set up mechanism to evaluate security, extension of international standards. as a temporary three-year programme preferably in consultation with And on the ground, its field staff – would evolve into a top-heavy the International Committee of perform effectively in difficult and bureaucratic establishment. It is the Red Cross (ICRC) colleagues sensitive conditions. Such notable this bureaucracy that lies at the root and other relief agencies on the achievements could probably not of many of the agency’s problems, ground, is therefore essential. be sustained if UNHCR were to particularly regarding protection. be reorganised within a larger and The agency is costly, complacent and Working in war zones demands more composite humanitarian too often indifferent to protection leadership on the ground with and rights organisation. needs. Indeed, in practice protection clear authority and coherent back- too often tends to be regarded as a up to be able to take decisions The agency’s formidable reputation secondary rather than the primary rapidly. Under the revamped was built upon a readiness and ability purpose of agency activities and Collaborative Response, there to respond effectively to international this has created an ambivalence are shared responsibilities and needs in forced migration. Now more which impedes the development extended and varied reporting lines. than ever, given all the developments of appropriate responses to UNHCR has overall responsibility in this field in recent years, UNHCR changing international needs. for protection, emergency shelter has to meet the challenge to adapt and camp management but reports – or face diminishing relevance. to local Humanitarian Coordinators Those within the agency who for Collaborative Response and, in their absence, to Resident various reasons do not welcome and clusters Coordinators and sometimes to change should face the fact that the Special Representatives of the international community will be The more recently-established inter- Secretary General. They all have unlikely to continue to pay for an agency Collaborative Response their own agendas and may be institutional regime that continues – under the aegis of the Interagency unwilling to have their relations with to benefit only a relatively privileged Steering Committee (IASC) – is also governments disrupted by potentially category among the displaced, a heavily bureaucratic mechanism embarrassing protection issues. one whose numbers are indeed which has proved largely ineffectual decreasing.5 The world still needs on the ground.3 Over the past year, The reality of conflict is often one UNHCR – but as an agency which however, the usefulness of this of fragile ceasefires and faltering is a lot leaner and a lot keener to interagency initiative has been negotiations in which progress bring its protection mandate into improved by the publication of towards peace, or even substantially line with contemporary needs. guidance notes for the Humanitarian less insecure conditions, is halting and Resident Coordinators and and spasmodic. Ceasefires are Bill Clarance was UNHCR’s other actors on the ground and the violated, peace negotiations break representative in Sri Lanka from 1988 assignment of sectors of operational down or are abandoned and relapses to 1991. His book on protection in accountability to particular agencies. into open warfare are all too common. conflict, Ethnic Warfare in Sri Lanka Responsibility for the protection, Sri Lanka is a notable case in point. and the UN Crisis, is being published emergency shelter and camp An effective IDP protection role has by Pluto Press in November 2006. management ‘clusters’ has been to be sufficiently flexible to adapt Email: [email protected] assigned to UNHCR.4 The revised from situations of conflict to the less interagency arrangements may unstable conditions of post-conflict 1. UNHCR’s Role with Internally Displaced Persons, UNHCR IOM/BOM/33/93 (High Commissioner’s indeed improve IDP protection on – when the Guiding Principles emphasis). the ground in post-conflict conditions could be directly applied – and 2. Address to John F Kennedy School of Government, 28 and in areas far removed from active sometimes back again to conflict. October 1996 hostilities – but will they survive the 3. See Joel Charny, ‘New approach needed to internal displacement’, FMR October 2005 supplement www. acid test of in-conflict conditions? fmreview.org/FMRpdfs/FMR24/IDP%20Supplement/08. Is UNHCR capable of reform? pdf Securing people’s physical safety is 4. See Tim Morris ‘UNHCR, IDPs and clusters’, FMR26 more of a challenge in protecting For all its bureaucratic faults, www.fmreview.org/FMRpdfs/FMR25/FMR2531.pdf IDPs than refugees as IDPs are historically UNHCR has been a 5. In early 2005, UNHCR accepted 19.1 million ‘persons of concern’, comprising 9.2 million ‘mandate’ refugees, located (as are field staff) within or success. It has achieved more than 840,000 asylum seekers, 1.5 million refugee returnees, on the periphery of civil war zones. national governments ever could, 1.5 million stateless persons, 5.4 million IDPs and nearly Although security in countries of whether acting alone or together, 600,000 others. However, the global figure for IDPs is put asylum can also present challenges, in many sensitive situations and at some 25 million. (UNHCR Global Appeal 2006) 68 Sardar Sarovar injustices FMR 26 Sardar Sarovar injustices by Rekha Oleschak

The Narmada Valley Development Plan – which involves report, the Prime Minister refused to the construction of 30 large dams (including the take any position prior to the matter Sardar Sarovar dam), 135 medium and 3,000 small being decided by the Supreme Court. In May 2006, the Supreme Court all dams in Western India – is set to displace millions. but threw out the NBA’s case for a Compensation, resettlement and rehabilitation halt to further raising of the height mechanisms are non-existent, inadequate and/or unjust. of the dam unless those displaced were resettled. The Court stated The plan to submerge large areas recognised as project-affected, many that it would wait for the report of the states of Madhya Pradesh families have not been resettled or of the Sardar Sarovar Relief and and Maharashtra by the Sardar rehabilitated. Although the NWDT Rehabilitation Oversight Group (set Sarovar Dam has been controversial award and the Supreme Court up by order of the Prime Minister ever since it was proposed by the explicitly call for compensation to be in April 2006 to evaluate the status Narmada Valley Development provided on a ‘land for land’ basis, of resettlement) and that the NBA Authority.1 In 1979 the Narmada the state of Madhya Pradesh is forcing should stop interfering with the Water Disputes Tribunal (NWDT) people to take cash compensation construction of the dam. In effect, ruled on the compensation to be – which, as studies have shown, the Supreme Court has ruled that provided and stated that resettlement generally leads to impoverishment. the construction of the dam and should be carried out at least six The NBA has repeatedly pointed out resettlement do not go hand in hand. months before submergence of that rehabilitation is not taking place In doing so it overruled its own affected areas. Since the 1980s, the and that there is rampant corruption statements of 2000 as well as the Narmada Bachao Andolan (NBA in the grant of cash compensation. NWDT’s ruling in 1979. The Oversight – Save the Narmada Movement)2 Group has recently submitted its has been campaigning for proper On 29 March 2006, Medha Patkar3, report to the Supreme Court, which resettlement and rehabilitation of Bhagwatibai Patidar and Jamsingh has to a large extent reiterated the the thousands of families displaced Nargave (NBA activists) began a concerns raised by the ministers’ by the Sardar Sarovar Project (SSP). fast in support of a demand for an report. However, the Supreme As India lacks legislation to deal independent evaluation of the status Court and the Prime Minister with resettlement and rehabilitation, of resettlement. On 4 April Patkar consistently maintain there is no need displaced persons lack rights to and Nargave were arrested and to stop construction of the dam. resettlement and rehabilitation. The forcibly hospitalised. Several cases Land Acquisition Act does have were filed against them, including The insensitivity of the Indian provisions for compensation for a charge of attempted suicide. A judiciary and government to the land acquired for developmental further 300 activists were arrested. As plight of the project-affected people is purposes but does not apply to the protests generated considerable shocking. India’s poorest and weakest people not holding legal titles to land. media attention, the Prime Minister are being asked to pay the price for finally agreed to send a group of ‘development’. By not suspending the In 1996, the NBA filed a petition in the ministers to assess the status of construction of the dam, the Supreme Supreme Court of India challenging resettlement. The NBA activists Court has increased the likelihood the construction of the dam. The called off their fast. The ministers that many more homes will be Court ordered work on the dam to be confirmed NBA’s contentions that submerged and thousands of people stopped. However, in 2000 the Court the reality of resettlement bore no left homeless by the 2006 monsoons. ruled that construction could continue relation to the plans on paper.4 In provided that fair and equitable addition to the fact that rehabilitation Rekha Oleschak Pillai, currently a resettlement and rehabilitation and resettlement had not taken place visiting researcher at the Refugee support is provided to all project- in accordance with the orders of the Studies Centre, is completing affected persons. Presently the dam Supreme Court, the report also found a doctorate in international is 110 metres high and ultimately will that found that there was no moral law and development-induced reach 122 metres. Each additional or legal justification for deducting displacement at the University metre means more displacement. 10% as income tax for every million of St Gallen, Switzerland. Email: rupees paid to displaced families. In [email protected] According to official estimates, the any case, such cash compensation is SSP is set to displace a total of 41,000 not what was required by either the 1. www.nvda.nic.in 2. For information about the NBA, see www.narmada. families. Those being displaced NWDT award or the Supreme Court. org and http://narmada.aidindia.org by the project’s canal network are 3. http://en.wikipedia.org/wiki/Medha_Patkar not considered project-affected Under the NWDT award, in case 4. http://www.hindu.com/2006/04/17/ and are therefore ineligible for of an impasse, the decision-making stories/2006041705231100.htm compensation, let alone resettlement power lies with the Prime Minister. or rehabilitation. Of those officially However, despite the ministers’ FMR 26 Brookings-Bern Project on Internal Displacement 69

Brookings Institution-University of Bern Project on Internal Displacement The challenges of internal displacement in West Africa by Jessica Wyndham West Africa has been heavily Nigeria hosted the event, which over extended periods. In the affected by displacement. Internal was organised by the Brookings- long term there is the potential for conflicts based on ethnic tensions Bern Project, the Representative of exacerbating rather than relieving and rivalries, political instability, the UN Secretary-General on the economic and social tensions disputes over the control of natural Human Rights of Internally Displaced and thereby further contributing resources, natural disasters, poverty, Persons, Walter Kälin,1 UNHCR to the cycle of displacement. food insecurity and the imperatives and the Economic Community of of development have all resulted in West African States (ECOWAS) – a Further challenges that were significant population displacement: regional association of 15 member identified included: the lack of states with headquarters in Abuja.2 institutional capacity and adequate n As a result of the outbreak of resources at the national level; a lack civil war in Liberia in 1989 In an opening statement Walter of coordination among stakeholders and 14 years of intermittent Kälin noted that African IDPs are which often led to duplication of conflict, most Liberians fled among the world’s most vulnerable, efforts; insufficient inclusion of IDPs their homes at least once. at high risk of ongoing armed attack, themselves in decision making; n Eleven years of civil war in malnutrition, sexual violence and and the need to address root causes Sierra Leone led to a third exploitation, enforced military and find durable solutions. of the population being recruitment, and disease including internally displaced at the HIV/AIDS. Following the end of Participants called for: height of the conflict. conflict, many struggle to return n wider dissemination of the n Spill-over effects of these conflicts or to resettle and reintegrate in Guiding Principles on Internal – and also conflict in neighbouring situations in which infrastructure Displacement within the ECOWAS Guinea-Bissau – caused mass is lacking and access to basic goods sub-region and formulation of displacement in Guinea. and services, including health and education facilities, remains limited. national laws derived from them n 1.2 million people were The internally displaced often face n states to guarantee access by civil displaced in Côte d’Ivoire by discrimination, and are unable to society partners and international the end of November 2005. access food, education and health agencies to those requiring n A rebellion in the southern care. Too often, they lack basic protection and assistance Casamance province of Senegal documentation and the ability to n appointment by each ECOWAS has led to major displacement. exercise their political rights member state of a national n Religious, ethnic and resource- focal point with responsibility related conflicts in Nigeria Participants noted the chronic lack for internal displacement are thought to have displaced of comprehensive and reliable data. n strengthening of ECOWAS’s hundreds of thousands of people. Information on the number and capacity to advocate on issues location of the displaced and research n Political crisis in Togo in 2005 led of internal displacement to the displacement of thousands. on the causes of displacement, the risks and vulnerabilities faced by the n training members of the In the past four years the end of civil displaced and their specific protection ECOWAS stand-by force on wars in Sierra Leone and Liberia has needs are vital for devising response the Guiding Principles permitted several million IDPs to strategies. However, in West Africa n building capacity of national return home or resettle elsewhere. such data either does not exist institutions and civil society However, as many as one million or is collected by diverse groups, organisations to address are estimated to still be internally often with differing priorities, who internal displacement displaced by conflict, mainly in Côte produce conflicting information. n ensuring protection and d’Ivoire, Guinea, Nigeria, Senegal assistance programme address and Togo. There are significant risks Participants also drew attention the needs of host communities of further large-scale displacement. to inadequate support for host n inter-regional dialogue on internal communities. In West Africa those displacement, particularly among The extent and complexity of displaced often receive shelter and national human rights institutions. internal displacement in West Africa assistance from families and local provided the impetus for the First communities. While this can relieve Conference documents are at: Regional Conference on Internal state and international authorities www.brookings.edu/fp/projects/ Displacement in West Africa, held from having to provide shelter, it can idp/conferences/contents.htm in Abuja, Nigeria, from 26 to 28 also become a burden when large April 2006. The Government of numbers of people are displaced 1. www.ohchr.org/english/issues/idp 2. www.ecowas.int 70 Norwegian Refugee Council FMR 26 Justice for Colombian IDPs? by Arild Birkenes

More than three million Colombians elections on 28 May 2006 has been n implement the decision of the – in a country with a population attributed to improved security in Constitutional Court of 18 May of 40 million – have been forced urban areas. It should be noted, 2006 to ensure the rights of IDPs from their homes during the last however, that 55% of the electorate and other victims of the conflict two decades of conflict.1 In recent refrained from voting, indicating to truth, justice and reparation years illegal armed groups have little faith in democratic institutions. n investigate responsibility of state increasingly resorted to displacement agents and paramilitary groups of civilians as a deliberate strategy In January 2004 the Constitutional for arbitrary displacements and to undermine the popular support Court declared the government’s other human rights violations base of their opponents and to control IDP response unconstitutional. The n revise the policy of ‘democratic land for production of illicit crops. government responded by pledging security’ to prevent civilians being Almost one million people have been over $2 billion to protect and assist drawn into the conflict – thus displaced since the government of IDPs. With the hesitant support of adhering to the international President Álvaro Uribe took office the international community, the humanitarian distinction between in 2002. Colombia remains riven government has now demobilised combatants and non-combatants by imbedded violence and social, more than 30,000 paramilitaries n political and economic exclusion. within a controversial legal implement development Massacres, attacks and intimidation framework – the Justice and Peace programmes in remote rural of civilian population by both the Law endorsed by the Congress areas where coca production has guerrilla groups and paramilitary in June 2005 but declared partly fuelled conflict and displacement. forces continue to be reported. unconstitutional by the Constitutional We also urge: Paramilitary groups in alliance with Court in May 2006. Its critics claim drug-traffickers, control millions of the law leaves crimes against n The G-24 – a inter-governmental hectares of land, much of it grabbed humanity unpunished, that it does group seeking to coordinate from people they displaced by not seek to establish the historical developing countries’ policies committing human rights violations. truth – including the state’s collusion on monetary and development 2 with paramilitary forces – and does finance issues – to: a) support Colombian IDPs do not live in not acknowledge sufficiently victims’ the UN High Commissioners for camps but are found in shantytowns rights to justice and reparation. Human Rights and for Refugees where they often comprise the in their efforts to protect and majority of inhabitants. Increasing The demobilisation process is part assist Colombian IDPs; b) ensure control by paramilitary groups of the government’s legitimate that further financial assistance and crime-related violence often efforts to restore law and order to Colombia is conditional force IDPs to flee to other urban but the Constitutional Court’s on respecting IDPs’ human areas. IDPs generally have less verdict endorses concerns that rights; and c) provide support access to health care, education, the Justice and Peace Law may to Colombian civil society nutrition, water and sanitation leave political, economic and groups defending IDP rights. facilities than their compatriots. social structures controlled by the n share-holders in companies paramilitaries intact, effectively operating in Colombian conflict Paradoxically, Colombia has both preventing IDPs from returning zones to press for an end to one of the highest IDP populations home in the foreseeable future. corporate cooperation with agents in the world and one of the most of displacement and perpetrators protective legislative frameworks. NRC calls on the Colombian of human rights violations The Uribe government has pursued government to: n the International Criminal Court a policy of ‘democratic security’, to initiate investigations under n recognise the ongoing conflict which involves civilians in counter- article 15 of the Rome Statute.3 insurgency, arming of peasants and as an internal armed conflict setting up networks of informants. as defined under international Arild Birkenes is a country analyst Such ‘security’ measures have drawn humanitarian law at the NRC Internal Monitoring more civilians into the armed conflict n ensure protection of civilians Displacement Centre, Geneva. and incited hostility against human from arbitrary displacement Email: [email protected] See rights defenders and community and other human rights IDMC report at: www.internal- leaders, forcing many to flee violations in line with national displacement.org/countries/colombia conflict-ridden areas. Many IDPs legislation, international 1. According to the Consultoria para los Derechos do not claim status as such, seeking human rights standards and Humanos18/07/2006 – Colombia (CODHES), an authoritative non-governmental source: www.codhes. instead anonymity in the areas of international humanitarian law org.co displacement. President Uribe’s 2. www.g24.org comfortable victory in the presidential 3. www.un.org/law/icc/statute/romefra.htm FMR 26 iDMC - Internal Displacement Monitoring Centre 71

Internal Displacement in 2005 Little progress result of fighting between right-wing conflicts in Darfur and northern was made paramilitaries and leftist guerrillas Uganda. The ‘Collaborative Response’ in 2005 to for control of drug trafficking routes. – the inter-agency system developed prevent internal In Iraq, military operations by to compensate for the lack of a single displacement national and US-led forces caused IDP-focused organisation – was not and respond to the, often temporary, displacement of implemented in most countries. Lack the humanitarian an estimated 200,000 people. Brutal of leadership and accountability, the and protection attacks on the civilian population reluctance of UN agencies to divert needs of the of Darfur continued unchecked. resources from their core mandates displaced in and failure of donor governments a timely and National governments – responsible to provide coherent political and systematic under international law for sufficient financial backing rendered manner. protecting the civilian population the system largely ineffective. In on their territories – were the main 16 conflict-affected countries, the IDMC publishes agents of displacement in 2005. UN was not involved in providing the only In over two-thirds of all conflict assistance or protection to IDPs at all. comprehensive situations generating displacement yearly overview national armies or security forces A number of steps were taken in 2005 of global IDP-related developments. – or state-supported paramilitaries as part of the broader UN reform The latest overview shows that in or militias –forced people out of process to improve the existing 2005, for the first time in nearly their homes. Some of the worst humanitarian response system. a decade, the number of people cases of new displacement during Agreement was reached on new internally displaced by conflict the year happened at the hands of arrangements which – if implemented declined considerably. The global IDP government agents or government- – could lead to major improvements population in December 2005 was backed armed groups – Sudan in the international response to estimated at 23.7 million, some 1.6 (Darfur), Burma, Côte d’Ivoire, internal displacement situations. million fewer than the previous year. Colombia, Nepal and Zimbabwe. Central elements of the reform are the Over two million people were newly Altogether at least 16 governments creation of an emergency response uprooted while close to four million or occupation authorities were fund, the assignment of lead agencies were able to go back to their homes involved, directly or indirectly, in for neglected humanitarian sectors or – in the DRC, Southern Sudan, Liberia deliberately displacing people in 2005. ‘clusters’1, and the development of a and elsewhere. Often returns were stand-by team of protection experts.2 not sustainable due to lack of basic World leaders resolved to “take services, infrastructure and security. effective measures to increase the Stepping up efforts to better protect protection of internally displaced IDPs against violence and human In 2005 some 50 countries were persons” at the 2005 UN World rights abuses and providing them affected by conflict-induced internal Summit, yet national responses to with sufficient food, shelter and displacement. Over 12 million people internal displacement remained health care remains an urgent remain displaced in 20 countries strikingly inadequate. In 80 per priority. However, humanitarian in Africa alone, more than in the cent of the displacement situations assistance cannot be a substitute rest of the world put together. With where IDPs’ lives were in danger as for genuine political efforts – at well over five million IDPs, Sudan a direct result of ongoing conflict, national and international levels remained the country with the governments provided only partial – to addressing the root causes world’s largest IDP population. Other protection, or none at all. At least of conflicts. Only sustained and countries with over a million IDPs 13 governments, including those of concerted investments in conflict include Colombia (up to 3.7 million), Burma, Côte d’Ivoire, Ethiopia and prevention, peace building and Uganda (2 million), the DRC (1.7 Sudan, responded with indifference post-conflict recovery will lead to a million) and Iraq (1.3 million). or outright hostility to the protection tangible diminution of the worldwide needs of IDPs in 2005, putting the internal displacement crisis. The DRC and Zimbabwe were the lives of an estimated six million IDPs countries with most people newly at risk. Many governments were Internal Displacement: A Global displaced in 2005. In Zimbabwe some unwilling to make genuine efforts Overview of Trends and 570,000 people were evicted from to provide IDPs with humanitarian Developments in 2005 is online their homes by the government in a assistance. In a quarter of IDP at www.internal-displacement. ‘clean-up’ operation widely thought situations, governments restricted org/publications to have been aimed at intimidating access by international humanitarian the urban poor and preventing mass organisations to affected populations. 1. See FMR25 www.fmreview.org/FMRpdfs/FMR25/ FMR2531.pdf protests. In the DRC at least half a 2. www.fmreview.org/FMRpdfs/FMR25/FMR2541.pdf million were displaced by violence in International responses also remained the eastern provinces. In Colombia up insufficient. Little progress was made www.internal-displacement.org to 250,000 people were uprooted as a on stopping displacement-inducing Email: [email protected] “The pre-eminent obstacle to peace is Israel’s colonisation of Palestine.”

Ex-President Jimmy Carter, March 2006

“This is much worse than apartheid … The Israeli measures, the brutality, make apartheid look like a picnic. We never had jets attacking our townships. We never had sieges that lasted month after month. We never had tanks destroying houses.”

Ronnie Kasrils, South African Minister of Water Affairs and Forestry, 2004

“We must, as Mandela never tired of saying about his struggle, be aware that Palestine is one of the great moral causes of our time … it is not a matter of trade, or bartering negotiations, or making a career. It is a just cause which should allow Palestinians to capture the high moral ground and keep it.”

Edward Said, Palestinian-American literary theorist, 2002

“Jewish villages were built in the place of Arab villages. You do not even know the names of these Arab villages, and I do not blame you because geography books no longer exist; not only do the books not exist, the Arab villages are not there either. …There is not one single place built in this country that did not have a former Arab population.”

Moshe Dayan, Israeli Defense Minister, 1969

“If I were an Arab leader I would never make terms with Israel. That is natural: we have taken their country… There has been anti-Semitism, the Nazis, Hitler, Auschwitz, but was that their fault? They only see one thing: we have come here and stolen their country. Graffiti on the Wall Why should they accept that?” By the graffiti artist, Banksy David Ben-Gurion, www.banksy.co.uk/ Israeli Prime Minister, 1956