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The the Palestinians I Result of the June 1 Rejilgees,2 the term "displaced persons" (DPs) in the Palestinian context The is defined as follows: United Nations terminology for Palestinians displaced in/from the West Banle and the Gaza Strip in the context of the 1967 Israeli-Arab the Palestinians i conflict and falling within the scope of United Nations Security Council (UNSC) Resolution 237 (1967) [ ... ] includes persons displaced Result of the June 1 War externally and internally at that time, as well as their descendants. The term is also used by the United Nations Relief and Work[s] Usama Halabi Agency (UNRWA) as a reference to persons falling under its mandate Usama Halabi is a lawyer in private practice and a in accordance with United Nations General Assembly (UNGA) law researcher in Jerusalem. This article is based on a Resolution 2252 (1967). presentation given at the United Nations International Another definition was suggested during the Oslo peace talks by both Conference on Palestine Refugees, UNESCO Head­ the Jordanian and Palestinian delegations to the Quadripartite Continuing quarters, Paris, April 29-30, 2008. Committee (QCC), which was established to deal with the issue of DPs: 3 Displaced Persons are those individuals and their families and The Palestinian refugees of 1948, as well as those descendants who left their homes in the West Bank and Gaza, or were displaced as a result of the 1967 war, have been unable to return to their homes as a consequence of the 1967 war.4 watching the solution to their protracted suffering A much narrower, minimalist definition of Palestinian DPs was become more elusive with each passing day. This article will highlight suggested by the Israeli delegation to same QCC to refer to Palestinians some points that are essential to a discussion of the issue ofthe Palestinian "who were residents of the West Banle and the Gaza Strip and were displaced refugees, but will focus in particular on the Palestinians displaced as a as a result of the fighting."5 result of the June 1967 war, their legal status and rights as they await ajust In attempting to resolve the question of the definition of "a displaced and durable solution to their problem. The article will also deal with the person," the committee divided the displaced persons into three categories: continued Israeli policies and practices, which frustrate any prospect of 1) Those Palestinians who were out of the West Bank and Gaza on the putting an end to Palestinian displacement and dispossession. eve of the 1967 war, and who were registered in the population registry Who Is a 1967 Palestinian "Displaced Person"? of Jordan and the Gaza Strip. Those include students, businessmen, workers, etc., who could not come back to their homes due to the The term "Palestinian refugees" refers to all Palestinians who since Israeli occupation. 1948 have become displaced outside the area that became the state of 2) Those citizens of the West Banle and Gaza who were displaced Israel,! and those who since the 1967 war have become displaced outside during or in the aftermath of the war. the 1967 occupied Palestinian territories. Another group of displaced 3) Those who left the occupied territories after the census of September Palestinians as yet not referred to as "refugees" is that of the Palestinians 1967 and were prevented from coming back by the Israelis. Most internally who have become displaced either within the 1948 areas or the 2 Badil Resource Center for Palestinian Residency and Refugee Rights, Closing the Gaps: Handbook 1967 occupied Palestinian territories. on the Protection of Palestinian Refugees, in States Signatories, the 1951 Refugee Convention In the "Glossary" to key terms in Badil Resource Center for Palestinian (Bethlehem, Palestine, 2005), p.XXIV (hereinafter: Badil's Handbook). 3 The Committee was established according to article XII of the Declaration of Principles (DOP) to Residency and Refugee Rights' Handbook on the Protection ofPales tin ian "decide by agreement on the modalities of admission of persons displaced from the West Bank and the Gaza Strip in 1967." The committee was composed of Jordan, the Palestine National Authority, Egypt and Israel. 1 UNRWA uses the term "Palestine refugees" in its registration system to refer to "any person whose 4 Salim Tamari, "Return, Restitution, Repatriation: The Future of Palestinian Refugees in the Peace normal place of residence was Palestine during the period June 1, 1946 to May 15, 1948 and who lost both home and means of livelihood as a result of the 1948 conflict." See UNRWA, Negotiati~ns," Sec. Y, FOFOGNET Digest, April 22, 1966, archived on the website of Palestinian Refugee ResearchNet: www.arts.mcgill.ca. Consolidated Eligibility and Registration Instl'llction, Department of Social Relief and Social 5 Ibid. Services, January 2002, pA. 15.4116.1 55 54 PALESTINE-ISRAEL JOURNAL people in this category belong to the so-called "latecomers" (people 37" and issued its Resolution 2252. .' whose exit permit was not renewed) and deportees. 6 2 The categories ofPa1estinians referred to m UNGA ResolutIO~ . 1 d . 1) the Palestinian residents of the West Bank, the Gaza Stnp Following strong Israeli objections to categories 1) and 3), the QCC e a~d mc u . saleln who fled mostly to Jordan and some to Lebanon or Syna decided to establish a consensus on categ01y 2) and to continue debating the East Jeru . 48 d' 1967 other two. The Israeli delegation also objected to the inclusion ofthe tenns or the first time; 2) Palestinians who became refugees m. 19 .an III . p "families" and "descendants" to the definition of Palestinian DPs. ~ed from East Jerusalem, the West Bank and the Gaza.Stn dunng an? after It is estimated that by the end ofthe 1967 war, 433,500 Palestinians, 1967 for the second time; and 3) Palestinian refugees ~n southern Syna.who i.e., more than one-third of the Palestinian population ofthe 1967 occupied were displaced for the second time when Israel occupIed the Golan HeIghts territories, were displaced; this includes 193,500 and the Quneitra area. It is estimated that by refugees displaced for the second time, and The Palestinians who were displaced for the secon~ t~m~ have been the end ofthe 1967 war, 7 . t db UNRWA as any other 1948 refugee falling wlthm Its mandate. 240,000 displaced for the first time. An Israeli aSSIS e Y h fl d ~ . th 433,500 Palestinians, source places the number of Palestinians displaced While UNRWA did not maintain records of the 1967 DPs woe .01 . e i.e., more than one­ as a result of the 1967 war at "about 200,000" who fi t (me the records of the 1948 Palestinian refugees already reglsteled third ofthe Palestinian "were dealt with by UNSC Resolution 237."8 By :i~h ~RWA before 1967 were integrated into its database in the areas popUlation ofthe 1967 2007, the total number of Palestinians displaced they fled to - mainly Jordan. occupied territories, for the first time in 1967 reached approximately It is worth noting that the General Assembly has on a~ annual baSIS were displaced. 950,222, while the number ofintemally displaced extended UNRWA's mandate as detailed in UNGA ResolutIOn 2252, and was estimated at 115,349.9 "re eatedly called for the return of those displaced as a result of the June The above estimate does not include some 400,000 Palestinians whose 19:7 and subsequent hostilities."!! Yet, as ofJuly 2003, only 23,930 of those legal status remains unclear. The majority of the latter has most likely been displaced for the second time and assisted by UNRWA have returned to the forcibly displaced from the West Bank and the Gaza Strip since 1967 and is Gaza Strip or to the West Bank.!2 . now residing outside the 1967 occupied territories as a result of measures It should be emphasized here that those 1967 displaced Paiestmmns . t d 'thUNRWA or who are registered but for whatever by the occupying powers, mainly the revocation of residency, the denial of who are not regIS ere WI, . reason are not receiving its assistance, are and should be eh~Ible fOl the family reunification and deportation.lO y protection of the High Commissioner fo~ Refugees (UNHCR) I.fthe ful.fill The Scope of UN Responsibility towards the 1967 DPs the following criteria stemming from ArtIcle 1D ofthe C~nv~ntIOn Relatmg Pursuant to the above definition of "displaced persons," on June to the Status of Refugees ofthe 1951 Refugee Co.nventIOn : 14, 1967, the UN Security Council issued Resolution 237. Article 1 of * they live outside UNRWA's area of operatIOn.s; . * they do not fall within Article 1C of the ConventlOn (CessatlOn the resolution calls upon the government of Israel to "ensure the safety, Cla~se), * they do not fall within the scope of the exclusion clauses ofArtIcles welfare and security of inhabitants of the areas where militaty operations '4 have taken place and to facilitate the return ofthose inhabitants who have IE or 1F of the Convention. Furthermore, current scholars in refugee law WIdely agree that fled the areas since the outbreak of hostilities." On July 4, 1967, the UN Palestinian refugees can qualify for protection under the 1951. Re:ugee General Assembly welcomed "with great satisfaction UNSC Resolution Convention without "need to undergo additional or fresh determmatIOn of 6 Ibid. 7 Badil Resource Center for Palestinian Residency and Refugee Rights, Survey o/Palestinian Refilgees and Jntel'l1ally Displaced Persons 2006-2007 (Bethlehem, Palestine, June 2007), p.15 (hereinafter: Badil's 2007 Survey") citing Lex Takkenberg, The Status o.fPalestinian Refilgees in Jntemational II BadiI's Handbook, p.55 and references cited. I A bl 12 Ibid P 56 refening to the United Nations secretary-general's annual report to th~I~~nela ssem y, Law (Oxford: Clarendon Press Oxford, 1998), pp.17, 82.
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