DOCSLIB.ORG

Palestinian Nationality and Citizenship Current Challenges and Future Perspectives

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

PALESTINIAN NATIONALITY AND CITIZENSHIP CURRENT CHALLENGES AND FUTURE PERSPECTIVES ASEM KHALIL CARIM Research Reports 2007/07 Cooperation project on the social integration of immigrants, migration, and the movement of persons Co-fi nanced by the European University Institute and the European Union (AENEAS Programme) EUROPEAN UNIVERSITY INSTITUTE, FLORENCE ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES Palestinian Nationality and Citizenship Current Challenges and Future Perspectives ASEM KHALIL CARIM EURO-MEDITERRANEAN CONSORTIUM FOR APPLIED RESEARCH ON INTERNATIONAL MIGRATION RESEARCH REPORT, CARIM-RR 2007/07 BADIA FIESOLANA, SAN DOMENICO DI FIESOLE (FI) © 2007, European University Institute Robert Schuman Centre for Advanced Studies This text may be downloaded only for personal research purposes. Any additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the Robert Schuman Centre for Advanced Studies. Requests should be addressed to [email protected] The European Commission supports the EUI through the European Union budget. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.carim.org/Publications/ www.cadmus.eui.eu CARIM The Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM) was created in February 2004 and has been financed by the European Commission. Until January 2007, it referred to part C - ‘cooperation related to the social integration of immigrants issue, migration and free circulation of persons’of the MEDA programme, i.e. the main financial instrument of the European Union to establish the Euro- Mediterranean Partnership. Since February 2007, CARIM has been funded as part of the AENEAS programme for technical and financial assistance to third countries in the areas of migration and asylum. The latter programme establishes a link between the external objectives of the European Union’s migration policy and its development policy. AENEAS aims at providing third countries with the assistance necessary to achieve, at different levels, a better management of migrant flows. Within this framework, CARIM aims, in an academic perspective, to observe, analyse, and predict migration in the North African and the Eastern Mediterranean Region (hereafter Region). CARIM is composed of a coordinating unit established at the Robert Schuman Centre for Advanced Studies (RSCAS) of the European University Institute (EUI, Florence), and a network of scientific correspondents based in the 12 countries observed by CARIM: Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine, Syria, Tunisia, Turkey and, since February 2007, also Libya and Mauritania. All are studied as origin, transit and immigration countries. External experts from the European Union and countries of the Region also contribute to CARIM activities. The CARIM carries out the following activities: - Mediterranean migration database; - Research and publications; - Meetings of academics; - Meetings between experts and policy makers; - Early warning system. The activities of CARIM cover three aspects of international migration in the Region: economic and demographic, legal, and socio-political. Results of the above activities are made available for public consultation through the website of the project: www.carim.org For more information: Euro-Mediterranean Consortium for Applied Research on International Migration Robert Schuman Centre for Advanced Studies-EUI Villa Malafrasca Via Boccaccio, 151 50133 Firenze (FI) Italy Tel: +39 055 46 85 878 Fax: + 39 055 46 85 755 Email: [email protected] Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies (RSCAS) was founded at the European University Institute to develop inter-disciplinary and comparative research and to promote work on the major issues facing the process of integration and European society. Research at the Centre is organised around a set of core themes, each of which is home to a number of research programmes and projects. The results of the Centre's research are disseminated in the form of academic publications, working and policy papers, and research reports. Details of this and other research can be found at: www.eui.eu/RSCAS/Research/ The EUI and the RSCAS are not responsible for the opinion expressed by the author(s). I Presenting the problem A nation is constituted by the belief of belonging together, accompanied by a strong solidarity among its members. Nations, where they exist, are the product of a nation-building process. The concept of nation-building presupposes two elements: a common identity and concerted political action. Belonging to a particular nation is also related to a pre-existent common identity based on objective criteria. In the case of statehood, it is the people forming the whole citizenry who define ‘national belonging’. In other words, the state is the outcome of the political action of a nation, but it is also be a creator of a new nation. Nations are composed of human beings with their own history, language and culture. The legitimacy of the state depends on its respect of the nation’s historical and human dimension and the degree to which its structure and institutions reflect the will of its constituencies. Once a state exists, it should not use these elements to discriminate against citizens who are not part of its cultural heritage. The challenge for contemporary states is their being multi in terms of the nations, cultures, languages and ethnicities within their borders. All constituent groups and individuals should be able to consider the state as their own, and should be able to identify with its constitution in order to preserve the unity of the state. Those who belong to a particular nation (being French, German, Hungarian, Egyptian, Jordanian nationals etc.) may coincide with parts of the citizenry of a particular state (France, Germany, Hungary, Egypt, Jordan etc.), but they do not necessarily coincide with the totality of the citizens of that state, nor are they limited to its borders. Thus, one still talks of ‘Algerians’ living in France, although they have been French citizens for at least two generations. For the same reason, Germany facilitates citizenship for German nationals living abroad who apply for citizenship. In other words, since we no longer live in the era of nation-states, being French, German, Jordanian or Egyptian nationals does not mean necessarily being French, German, Jordanian, or Egyptian citizens, and vice versa. This distinction applies in particular way to Palestinians. Self-determination can be expressed in statehood, and a Palestinian state may exist when the organs that represent the (indigenous or ‘artificial’) people exercise sovereign powers over a territory. Once the state exists, the constituent power is enacted.1 The constituent power is related to popular sovereignty. As such, it cannot be enacted outside the state, since it is the expression and reflection of popular sovereignty. When a state exists, popular sovereignty refers to the people who, as demos, hold the political rights, and exercise them through the state’s institutions. In the words of Lerner (2004: 12–13) In the context of the legitimacy issue, a paradox of constituent power is evident: constitutions on the one hand draw their legitimacy from the sovereign power of the people, yet on the other hand define who ‘the people’ is and how its will is to be expressed. If constitutional legitimacy stems from the principle of popular sovereignty, then the source of political legitimacy of a democratic constitution is not clear: Is it prior to the constitution, resting on the factual will of a presumably homogenous political entity which has the capacity to act as a collectivity; or does constitutional 1 Constituent Power is the power to frame a constitution (original Constituent Power), or to amend an existing one (derived constituent Power). Original constituent power can be enacted in a legal void that existed or is created. Derived constituent power is exercised within the limits provided by the constitution itself. Palestine cannot be classified using either definition and proves that classical theory of constituent power no longer fits the realities of states in the twenty- first century. In the Palestinian case constitution-making is conceived as a step towards statehood, not a consequence of it. Statehood is not now the outcome of a factual reality but is the summation of a negotiated solution of a conflict between Israel and the Palestinians. Moreover, regime change may cause a legal vacuum. In the Palestinian case, there is no new regime, but there would be a new state for a pre-existing people that had been subject to occupation. On the other hand, it is not a derived constituent power, since there is no precedent constitution in force. The draft constitution is an original one for a new state with no prior existence. CARIM-RR No. 2007/07 © 2007 EUI-RSCAS Asem Khalil legitimacy derive from the constitution itself, i.e. from the legal order which itself serves as the source of the shared identity, so that ‘the people’ are in effect formed through the making of the constitution? A ‘people’ (as ethnos) has the right to self-determination; the right to self-determination may lead to sovereignty; sovereignty is the prerogative of the ‘people’ (as demos); the latter is entitled to ‘constituent power’; and constituent power decides who constitutes the ‘people’ (as demos and as ethnos). The problem then is to understand the kind of relationship that exists between the people as demos and the people as ethnos. Once the Palestinian state is created, the relationship between Palestinian nationals and Palestinian citizens will need to be defined. Those entitled to constituent power are those who reflect the totality of Palestinian nationals, but they are not necessarily the same as those who effectively exercise constituent power, that is, the Palestinian citizens and the institutions that represent them.
Recommended publications
  • The-Legal-Status-Of-East-Jerusalem.Pdf

    The-Legal-Status-Of-East-Jerusalem.Pdf

    December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status
  • Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah

    Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah

    Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: JOR35401 Country: Jordan Date: 27 October 2009 Keywords: Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. 2. What is the overall situation for Palestinian citizens of Jordan? 3. Have there been any crackdowns upon Fatah members over the last 15 years? 4. What kind of relationship exists between Fatah and the Jordanian authorities? RESPONSE 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. Most Palestinians in Jordan hold a Jordanian passport of some type but the status accorded different categories of Palestinians in Jordan varies, as does the manner and terminology through which different sources classify and discuss Palestinians in Jordan. The webpage of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) states that: “All Palestine refugees in Jordan have full Jordanian citizenship with the exception of about 120,000 refugees originally from the Gaza Strip, which up to 1967 was administered by Egypt”; the latter being “eligible for temporary Jordanian passports, which do not entitle them to full citizenship rights such as the right to vote and employment with the government”.
  • Palestinian Citizens of Israel: Agenda for Change Hashem Mawlawi

    Palestinian Citizens of Israel: Agenda for Change Hashem Mawlawi

    Palestinian Citizens of Israel: Agenda for Change Hashem Mawlawi Thesis submitted to the Faculty of Graduate and Postdoctoral Studies In partial fulfillment of the requirements for the Master‘s degree in Conflict Studies School of Conflict Studies Faculty of Human Sciences Saint Paul University © Hashem Mawlawi, Ottawa, Canada, 2019 PALESTINIAN CITIZENS OF ISRAEL: AGENDA FOR CHANGE ii Abstract The State of Israel was established amid historic trauma experienced by both Jewish and Palestinian Arab people. These traumas included the repeated invasion of Palestine by various empires/countries, and the Jewish experience of anti-Semitism and the Holocaust. This culminated in the 1948 creation of the State of Israel. The newfound State has experienced turmoil since its inception as both identities clashed. The majority-minority power imbalance resulted in inequalities and discrimination against the Palestinian Citizens of Israel (PCI). Discussion of the Israeli-Palestinian conflict tends to assume that the issues of the PCIs are the same as the issues of the Palestinians in the Occupied Territories. I believe that the needs of the PCIs are different. Therefore, I have conducted a qualitative case study into possible ways the relationship between the PCIs and the State of Israel shall be improved. To this end, I provide a brief review of the history of the conflict. I explore themes of inequalities and models for change. I analyze the implications of the theories for PCIs and Israelis in the political, social, and economic dimensions. From all these dimensions, I identify opportunities for change. In proposing an ―Agenda for Change,‖ it is my sincere hope that addressing the context of the Israeli-Palestinian relationship may lead to a change in attitude and behaviour that will avoid perpetuating the conflict and its human costs on both sides.
  • Survey of Palestinian Refugees and Internally Displaced Persons 2004 - 2005

    Survey of Palestinian Refugees and Internally Displaced Persons 2004 - 2005

    Survey of Palestinian Refugees and Internally Displaced Persons 2004 - 2005 BADIL Resource Center for Palestinian Residency & Refugee Rights i BADIL is a member of the Global Palestine Right of Return Coalition Preface The Survey of Palestinian Refugees and Internally Displaced Persons is published annually by BADIL Resource Center. The Survey provides an overview of one of the largest and longest-standing unresolved refugee and displaced populations in the world today. It is estimated that two out of every five of today’s refugees are Palestinian. The Survey has several objectives: (1) It aims to provide basic information about Palestinian displacement – i.e., the circumstances of displacement, the size and characteristics of the refugee and displaced population, as well as the living conditions of Palestinian refugees and internally displaced persons; (2) It aims to clarify the framework governing protection and assistance for this displaced population; and (3) It sets out the basic principles for crafting durable solutions for Palestinian refugees and internally displaced persons, consistent with international law, relevant United Nations Resolutions and best practice. In short, the Survey endeavors to address the lack of information or misinformation about Palestinian refugees and internally displaced persons, and to counter political arguments that suggest that the issue of Palestinian refugees and internally displaced persons can be resolved outside the realm of international law and practice applicable to all other refugee and displaced populations. The Survey examines the status of Palestinian refugees and internally displaced persons on a thematic basis. Chapter One provides a short historical background to the root causes of Palestinian mass displacement.
  • FROM CITIZENSHIP to STATELESS CITIZENSHIP Negotiations and Bargaining Over Citizenship, Or Patterns of Inclusiveness and Exclusi

    FROM CITIZENSHIP to STATELESS CITIZENSHIP Negotiations and Bargaining Over Citizenship, Or Patterns of Inclusiveness and Exclusi

    CHAPTER FIVE FROM CITIZENSHIP TO STATELESS CITIZENSHIP When we say ‘Jewish independence’ or ‘Jewish state’ we mean Jewish coun- try, Jewish soil, we mean Jewish labour, we mean Jewish economy, Jewish agriculture, Jewish industry, Jewish sea. We mean Jewish safety, security, independence, complete independence, as for any other free people. David Ben-Gurion, 1947, before the Anglo-American Committee of Inquiry on Palestine (quoted in Lustick 1980, 88). Negotiations and bargaining over citizenship, or patterns of inclusiveness and exclusiveness, are, as Israeli political scientist Baruch Kimmerling says, “not only related to who gets what but also to who is what and who can decide who is what” (Kimmerling 2002b, 181–195). The complex dynamic of citizenship and its ability to contribute to the formation of socio-civic and political identities resurfaced in an important debate covered by Kimmerling. This debate took place in 1985 between writer and Arab citi- zen of Israel, Anton Shammas, and Jewish-Israeli writer A.B. Yehoshua, and was later revisited by the two in 1992. Addressing the question of the Jewishness of Israeli identity and citizenship, and in a response to Shammas’s accusation against Israel that it marginalized the Arab popula- tion’s collective identity, along with its social, cultural and political spheres, Yehoshua asserted: I am suggesting to you … that if you want to exercise your full identity, if you want to live in a state that has a Palestinian character with a genuine Palestinian culture, arise, take your chattels, and move yourself one hundred yards eastward, into the independent Palestinian state, that will be estab- lished alongside Israel (Kimmerling 2002b, 181–182).
  • 9-11 and Terrorist Travel- Full

    9-11 and Terrorist Travel- Full

    AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States 9/11 AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States By Thomas R. Eldridge Susan Ginsburg Walter T. Hempel II Janice L. Kephart Kelly Moore and Joanne M. Accolla, Staff Assistant Alice Falk, Editor Note from the Executive Director The Commission staff organized its work around specialized studies, or monographs, prepared by each of the teams. We used some of the evolving draft material for these studies in preparing the seventeen staff statements delivered in conjunction with the Commission’s 2004 public hearings. We used more of this material in preparing draft sections of the Commission’s final report. Some of the specialized staff work, while not appropriate for inclusion in the report, nonetheless offered substantial information or analysis that was not well represented in the Commission’s report. In a few cases this supplemental work could be prepared to a publishable standard, either in an unclassified or classified form, before the Commission expired. This study is on immigration, border security and terrorist travel issues. It was prepared principally by Thomas Eldridge, Susan Ginsburg, Walter T. Hempel II, Janice Kephart, and Kelly Moore, with assistance from Joanne Accolla, and editing assistance from Alice Falk. As in all staff studies, they often relied on work done by their colleagues. This is a study by Commission staff. While the Commissioners have been briefed on the work and have had the opportunity to review earlier drafts of some of this work, they have not approved this text and it does not necessarily reflect their views.
  • Jordan – Palestinians – Gaza – Discrimination – Unemployment – Passports

    Jordan – Palestinians – Gaza – Discrimination – Unemployment – Passports

    Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: JOR34052 Country: Jordan Date: 1 December 2008 Keywords: Jordan – Palestinians – Gaza – Discrimination – Unemployment – Passports This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide detailed information on the status of Palestinians from Gaza in Jordan, their socio-economic circumstances; the discrimination they encounter with respect to employment, access to services and property rights; and the degree of hardship faced by members this group in their day to day lives. 2. Country information suggests that Palestinians from Gaza are allowed to work in the private sector in Jordan. Please provide a realistic assessment of this proposition in the context of Jordan’s official and unofficial employment rates; the level of Palestinians’ participation in the private (unskilled) work force; their rate of success in finding employment, and information suggesting that between 30% and 60% of Palestinians live below poverty levels in Jordan. 3. What is the extent of assistance provided by UNRWA to Palestinians from Gaza living in Jordan? 4. Are Palestinians from Gaza prevented from obtaining driver’s licenses in Jordan? 5.
  • Rights in Principle – Rights in Practice, Revisiting the Role of International Law in Crafting Durable Solutions

    Rights in Principle – Rights in Practice, Revisiting the Role of International Law in Crafting Durable Solutions

    Rights in Principle - Rights in Practice Revisiting the Role of International Law in Crafting Durable Solutions for Palestinian Refugees Terry Rempel, Editor BADIL Resource Center for Palestinian Residency & Refugee Rights, Bethlehem RIGHTS IN PRINCIPLE - RIGHTS IN PRACTICE REVISITING THE ROLE OF InternatiONAL LAW IN CRAFTING DURABLE SOLUTIONS FOR PALESTINIAN REFUGEES Editor: Terry Rempel xiv 482 pages. 24 cm ISBN 978-9950-339-23-1 1- Palestinian Refugees 2– Palestinian Internally Displaced Persons 3- International Law 4– Land and Property Restitution 5- International Protection 6- Rights Based Approach 7- Peace Making 8- Public Participation HV640.5.P36R53 2009 Cover Photo: Snapshots from «Go and See Visits», South Africa, Bosnia and Herzegovina, Cyprus and Palestine (© BADIL) Copy edit: Venetia Rainey Design: BADIL Printing: Safad Advertising All rights reserved © BADIL Resource Center for Palestinian Residency & Refugee Rights December 2009 P.O. Box 728 Bethlehem, Palestine Tel/Fax: +970 - 2 - 274 - 7346 Tel: +970 - 2 - 277 - 7086 Email: [email protected] Web: http://www.badil.org iii CONTENTS Abbreviations ....................................................................................vii Contributors ......................................................................................ix Foreword ..........................................................................................xi Foreword .........................................................................................xiv Introduction ......................................................................................1
  • Rights of Non-Returnable Stateless Palestinians In

    Rights of Non-Returnable Stateless Palestinians In

    Forced to leave but nowhere to return to: Rights of non‐returnable stateless Palestinians in the Netherlands April 2016 Authors: Supervisor: Mr Dr Lieneke Slingenberg Annelieke Beversluis Senior Research Associate: Najuan Daadleh Merle‐Marei Lage Katharina von Schack Josha Polak Migration Law Clinic www.migrationlawclinic.org 1 Migration Law Clinic and Migration Law Expertise Centre This is an expert opinion by the Migration Law Clinic. The Migration Law Clinic of the VU University Amsterdam provides legal advice to lawyers, Non‐Governmental Organisations, and other organisations on complex legal questions of European migration law. Top students in the last years of their study at the Law Faculty of the VU University Amsterdam carry out research and write legal advice at the Clinic. They are closely supervised by the staff of the Migration Law Section of this Faculty. The Migration Law Clinic is the responsibility of the Foundation (Stichting) Migration Law Expertise Centre (No. 59,652,969 Chamber of Commerce). For more information see: migrationlawclinic.org © Migration Law Clinic 2016 This expert opinion is copyright, but may be reproduced by any method, but not for resale. For any inquiries please contact [email protected] Available online at: www.migrationlawclinic.org 2 Contents 1. Introduction ....................................................................................................................................... 4 2. Can stateless Palestinians return to the countries of their former habitual residence? ......................
  • Jordanian Passport Renewal in Amman

    Jordanian Passport Renewal in Amman

    Jordanian Passport Renewal In Amman Hobbes Otis cybernates existentially while Tim always rabbits his erotesis gobs goofily, he corroborating so parasitically. Unmolested and ultrabasic Rodrick often unstopping some peridot o'er or diplomaed con. Employed Sanders widows haggishly. Did they wanted to go with jordanian in a jordanian regulations and now, enjoy your trip After filling out black top portion of the pipe, I showed my address to the five officer asking him if that point enough information. But the process but take several long. Irrelevant to dedicate particular industry, but i wonder. Some fees for migrant workers to submit your input and your info or sticker afterwards you will my papers; they so in jordanian amman. Please enable scripts and jordanian passport by mail: the applicable fees and continued to lebanon, or through the defense law and the manager of. Heba had any child ever has been unable to household the tax due time the absence of fame husband. This provision is problematic as it introduces a gap here the protection of workers coming from countries of rectangle in which collection of fees is a negligent practice. So if simultaneous are a solo traveller you will need this answer additional questions in an interview. What should I stumble along when I shift my passport? Palestinians from Gaza to transit from say West Bank of foreign countries via Jordan. When the user clicks on account button, send the modal btn. You will need to describe in contact with the closest Jordanian Embassy in order to coach a visa before goods arrive.
  • Palestinian Nationality and Citizenship: Current Challenges and Future Perspectives

    Palestinian Nationality and Citizenship: Current Challenges and Future Perspectives

    See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/228283468 Palestinian Nationality and Citizenship: Current Challenges and Future Perspectives Article · January 2007 CITATIONS READS 3 39 1 author: Asem Khalil Max Planck Institute for Comparative Publi… 35 PUBLICATIONS 18 CITATIONS SEE PROFILE All in-text references underlined in blue are linked to publications on ResearchGate, Available from: Asem Khalil letting you access and read them immediately. Retrieved on: 06 October 2016 PALESTINIAN NATIONALITY AND CITIZENSHIP CURRENT CHALLENGES AND FUTURE PERSPECTIVES ASEM KHALIL CARIM Research Reports 2007/07 Cooperation project on the social integration of immigrants, migration, and the movement of persons Co-fi nanced by the European University Institute and the European Union (AENEAS Programme) Electronic copy available at: http://ssrn.com/abstract=1559205 EUROPEAN UNIVERSITY INSTITUTE, FLORENCE ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES Palestinian Nationality and Citizenship Current Challenges and Future Perspectives ASEM KHALIL CARIM EURO-MEDITERRANEAN CONSORTIUM FOR APPLIED RESEARCH ON INTERNATIONAL MIGRATION RESEARCH REPORT, CARIM-RR 2007/07 BADIA FIESOLANA, SAN DOMENICO DI FIESOLE (FI) Electronic copy available at: http://ssrn.com/abstract=1559205 © 2007, European University Institute Robert Schuman Centre for Advanced Studies This text may be downloaded only for personal research purposes. Any additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the Robert Schuman Centre for Advanced Studies. Requests should be addressed to [email protected] The European Commission supports the EUI through the European Union budget. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
  • General Assembly Distr.: General 22 February 2021

    General Assembly Distr.: General 22 February 2021

    United Nations A/HRC/46/NGO/107 General Assembly Distr.: General 22 February 2021 English only Human Rights Council Forty-sixth session 22 February–19 March 2021 Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Written statement* submitted by BADIL Resource Center for Palestinian Residency and Refugee Rights, a non- governmental organization in special consultative status The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [29 January 2021] * Issued as received, in the language(s) of submission only. GE.21-02337(E) A/HRC/46/NGO/107 The International Community Must Include Israel’s Violations of Palestinian Refugees’ Rights in its Accountability Framework and Measures By the end of 2018, about 41 percent of the total Palestinian population of the Occupied Palestinian Territory of the West Bank and Gaza Strip (OPT) were registered refugees - amounting to 1,197,679, - in addition to 344,599 internally displaced persons (IDPs).1 Palestinian refugees and IDPs have been primary victims of Israel's international crimes since its creation in 1948, and continue to be so through Israel's active denial of their rights as displaced persons and its pursuance of apartheid policies and practices aimed at bolstering a coercive environment and fostering protracted displacement. Ensuring accountability and justice in the OPT according to applicable international humanitarian and human rights law must uphold Palestinian refugees and IDPs’ rights. Responsibility: The Obligation to Recognize Israel’s Violations of Refugee Rights Since 1948, Israel has been pursuing its enterprise of widespread and systematic policies and practices of forcible displacement and transfer of the Palestinian people, which is a crime of customary international law, prohibited under the Fourth Geneva Convention, and constitutes a crime against humanity under the Rome Statute.