Stateless Palestinians by Abbas Shiblak

8 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 Israeli Egypt, once fully committed, has Jordanian passports military rule (the ironically-named effectively withdrawn from the Civil Administration) issued a Protocol.2 On more than one occasion n holders of the Palestinian series of orders withdrawing IDs rifts between the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 9 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

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