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Can Palestinian Refugees in Iraq Find Protection? by Gabriela Wengert and Michelle Alfaro

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Can Palestinian Refugees in Iraq Find Protection? by Gabriela Wengert and Michelle Alfaro 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,
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