HH Sheikh Nasser Al-Mohammad Al-Sabah Publication Series
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HH Sheikh Nasser 0 al-Mohammad al-Sabah Publication Series Syrian Conflict, Syrian Refugees – Part I The Case of Jordan Juline Beaujouan Number 23: July 2018 About the Author Juline Beaujouan is a General Sir Peter de la Billière doctoral research student in Middle East politics at the School of Government and International Affairs, Durham University. Her doctoral research investigates the effects of Islamic State’s use of language in shaping the perception of the Middle Eastern audiences about the conflict dynamics in Iraq and Syria Disclaimer The views expressed in the HH Sheikh Nasser al- Mohammad al -Sabah Publication Series are those of the author(s) and do not necessarily reflect those of the School or of Durham University. These wide ranging Research Working Papers are products of the scholarship under the auspices of the al-Sabah Programme and are disseminated in this early form to encourage debate on the important academic and policy issues of our time. Copyright belongs to the Author(s). Bibliographical references to the HH Sheikh Nasser al- Mohammad al-Sabah Publication Series should be as follows: Auth or(s), Paper Title (Durham, UK: al-Sabah Number, date). 3 refugees from Syria and estimated that there Introduction are over 6,6 million internally displaced War is said to be as old as humanity. At all persons (IDPs) within Syria's borders. In times, human beings fought for their lands, Syria, fighting continue in spite of for their gods, for their culture. The 21st international agreements for de-escalation. century is no exception: it already witnessed Humanitarian access remains limited and 3 ninety wars and conflicts; sixty being still million Syrians are still surviving in hard-to- ongoing around the world. Thus, one may reach areas. wonder: Is the Syrian conflict one among Turkey, Lebanon, Jordan, and Kurdistan many? It appears that the Syrian case is Region of Iraq are hosting the largest peculiar from the many conflicts that have populations of Syrian refugees, many of been dividing the world since the end of the whom attempt to journey onwards to Europe Cold War. It stirred up debates and in search of better conditions. None of those controversy, led to the involvement of the main host countries signed the 1951 Geneva most powerful powers within and outside of Convention, which defines the status of the Middle Eastern region, and to the refugee and sets the requirements for legal creation of as many as 1,000 armed identification and rights of refugees. opposition groups commanding an estimated 100,000 fighters.1 This article is the first of two papers which offer an overview of the existing literature On the humanitarian front, Syrian refugees and available data on the socioeconomic and were already 1 million in March 2013 and political impact of Syrian refugees on Jordan their number reached 3 million in July 2014 and Lebanon. They also review the after the utilisation of chemical weapons by countries’ mechanisms of coping with the Bashar al-Assad against the Syrian rapid influx of the refugee population from population and after Abu Bakr al-Baghdadi Syria. declared himself the caliph of the Islamic State.2 As of September 2018, the United Nations High Commissioner for Refugees (UNHCR) has registered over 5,6 million 4 In 1967, the military occupation of the West The History of bank, Golan Heights and Gaza Strip by Refugees in Jordan Israel (El Nakseh War) led to a second wave before the Syrian of refugees in Jordan. The kingdom welcomed another 390,000 refugees and Conflict displaced persons – 345,000 from the West Bank and 45,000 from the Gaza Strip.5 Rampant instability in the Middle Eastern region led Jordan to be one of the main hosts The massive arrival of Palestinians in just of refugees from numerous countries. Since two decades led to tensions between the the independence of the Hashemite Palestinian population, the government, and Kingdom of Transjordan in 1946, the the Jordanians, which resulted in the “Black country has witnessed two major refugee September” in 1970. In the context of the influxes. conflict between Jordanian Armed Forced led by King Hussein and the Palestine Palestinian Refugees After the 1948 and Liberation Organisation (PLO) under the 1967 Wars leadership of Yasser Arafat, refugee camps The creation of the State of Israel in 1948 were attacked and thousands of Palestinians 6 led to a massive departure of 506,200 were killed. Palestinians to Jordan.3 Palestinian refugees According to the United Nations Relief and were rapidly integrated into the Jordanian Works Agency for Palestine Refugees in the society. According to article 3 of the 1954 Near East (UNRWA), more than 2 million Jordanian Citizenship Law, a Jordanian Palestinian refugees were living in Jordan in national is: “Any person with previous 2017. All but 167,000 have citizenship and Palestinian nationality except the Jews are fully eligible for government services before the date of May 15, 1948 residing in including education and health care.7 the kingdom during the period from December 20, 1949 and February 16, 1954”.4 Palestinians were granted Jordanian nationality on the basis of this law. 5 Iraqi Refugees After the 1991 and 2003 were treated by the kingdom as “guests” Wars instead of “refugees”. On the other hand, most of them were middle class urbanites The first wave of Iraqi refugees arrived in and businessmen, and thus, able to resettle in the 1990s in the aftermath of the 1991 Jordan without the help of the UNHCR. Kuwait Crisis, but also following Saddam However, 2005 terrorists’ attacks committed Hussein's brutal repression of Iraqi Shi'a and by Iraqis combined with the memory of the Kurds, and the imposition of economic Black Friday led to the securitisation of Iraqi sanctions over the country. Before 2003, refugees. Jordan breached the principle of between 250,000 and 350,000 Iraqis were non-refoulement, deported and detained thought to have found refuge in Jordan.8 Iraqi refugees in large number. These figures include not only Iraqi refugees, but also long-term Iraqi residents While difficult to identify those “invisible” who had remained in Jordan to work. refugees, the UNHCR estimates that 750,000 to 1 million Iraqis have fled to Iraqis did not enjoy the level of integration Jordan before the onset of the conflict of the Palestinians in Jordan. Their presence against IS.11 The atrocities committed by the brought the fear of a growing Shi’a jihadi group are thought to have brought presence, even though Shi’as represented more than 63,000 Iraqis to Jordan since only 17% of Iraqi refugees. The spectre of February 2013.12 Iran's influence in Jordan led the authorities to prevent Iraqis from visiting historic Jordan’s policy to deal with Iraqi refugees is shrines, to ban the opening of new particularly interesting to understand the huseiniyat (houses for prayers), and to foster kingdom’s current strategy for Syrian non-Shi’a religious education.9 refugees. In response to the successive influxes of Iraqis, Jordan chose not to After the 2003 US-led invasion of Iraq, large establish refugee camps. It affected the numbers of refugees fled to Jordan. Unlike country’s ability to attract international the first wave of refugees following the media attention and aid, and resulted in a Kuwait Crisis, the second generation of Iraqi very different approach to deal with Syrian refugees was referred to as an “invisible” refugees.13 refugee population.10 On the one hand, they 6 Jordan’s Refugee Jordan’s Legal Population Framework on Results of the General Census of Population Refugees before the and Housing in Jordan of 30 November Syrian Conflict 2015 indicate that the Jordanian population growth rate between 2004 and 2015 was The Absence of a Domestic Legal 5.3%, 18% for non-Jordanians versus 3.1% Framework for Refugees for Jordanians. This development is Jordan has not signed the 1951 Geneva undoubtedly linked to the increased influx of Convention nor the 1967 Protocol Relating migrants into Jordan during that period. to the Status of Refugees. The country’s Since the beginning of the Syrian war in Constitution only provides protection 2011, Jordan hosted the largest population of against extradition for political asylum 16 Palestinians and Iraqis, and the third largest seekers in its article 21(1). population of Syrians. In February 2018, In the absence of a specific legislation reports recorded that Jordan had the second addressing their status; refugees and asylum highest share of refugees compared to its seekers in Jordan are subject to Law No. 24 population in the world, namely 89 refugees of 1973 concerning Residency and per 1,000 inhabitants.14 Foreigners’ Affairs. However, this law does According to the UNHCR, refugees not make the distinction between refugees (including Palestinian refugees who have the and non-refugees. Refugees are considered Jordanian nationality) account for about as foreigners, who are defined in article 2 as 30% of the total Jordanian population which anyone who does not have Jordanian 17 comprises approximately 9,5 million persons nationality. according to the latest General Census.15 As The Hashemite Kingdom’s legal framework of September 2018, there were an estimated for the treatment of refugees is based on the 670,429 people of concern from Syria, over 1998 Memorandum of Understanding 2 million from Palestine and up to 1 million Iraqi refugees surviving in Jordan. 7 (MoU)18 signed between Jordan and the six months up to one year. Yet, the duration UNHCR, and other bilateral agreements. of refugees’ stay in Jordan was not amended and should not exceed six months.20 The 1998 Memorandum of Understanding Nevertheless, most refugees have been able Between Jordan and the UNHCR to renew their residency in Jordan after their six-month stay ends.21 In the Memorandum Jordan accepts the definition of “refugee” contained in the 1951 Convention.