Who are the Palestinian refugees?
Palestinian refugees are the indigenous Arab inhabitants of historic Palestine, which today is comprised of Israel proper, the West Bank and Gaza. Israel forcibly and illegally expelled the larger part of the Palestinian population from its land when the state of Israel was established in 1948, and continued this during the 1967 Israeli Arab wars. Palestinian refugees are categorized into three main groups: Palestinian refugees displaced in 1948 outside the areas of historic Palestine that became the state of Israel, internally displaced Palestinians who remained within the areas that became the state of Israel and Palestinian refugees displaced for the first time in the 1967 war from the West Bank and Gaza. For the past 55 years and counting, Palestinian refugees have been denied their right of return to their ancestral villages and homes.
How did the Palestinian refugee problem arise?
The Palestinian refugee problem arose not from a conflict in which, as claimed, the Zionist forces overcame overwhelming odds against the Arab armies and the Palestinian population voluntarily left, but from a systematic policy of ethnic cleansing. The results of which are apparent in the Palestinian refugee camps across the Arab world and in the Palestinian Diaspora. The policies, to a lesser extent, continue to this day in Jerusalem and across the Occupied Palestinian Territories.
Zionist Policy sought to create a Jewish homeland in Palestine, a region already populated with a history stretching back thousand of years. The characterization of a land without a people for a people without a land created the myth of an empty waiting Palestine. Nothing could be further from the truth and this was evidenced in the atrocities of the 1948 War. Initially, Zionist policy was directed towards winning the acceptance of the British and other colonial powers.
How did Israel expel Palestinians from their land?
Jewish underground terrorist groups such as Haganah, Irgun and Stern had the mission to terrorize the Palestinian street, destroy villages and slaughter entire Palestinian families. 34 massacres were committed within a few months: Al-Abbasiyya, Beit Daras, Bir Al-Saba', Al-Kabri, Haifa, Qisarya… These attacks aimed to annihilate the entire Palestinian territory and population (so-called Plan D), 50% of the Palestinian villages were destroyed in 1948 and many cities were cleared from its Palestinian population: Aker, Bir Al-Saba', Bisan, Al-Lod, Al-Majdal, Nazareth, Haifa, Tiberias, Jaffa, West-Jerusalem…
Israeli forces killed an estimated 13,000 Palestinians. They forcibly evicted 737,166 Palestinians from the homes and land. 531 Palestinian villages were entirely depopulated and destroyed. The Palestinian populations in Aker, Bir Al-Saba', Haifa, Jaffa, Lydda, Al-Majdal, Al Ramla, Safad, Tiberias, and West Jerusalem were almost entirely removed. A conservative total, almost three-quarters of a million Palestinians were made refugees.
The tragedy of the refugees continued in 1967 with the breaking out of the 1967 war, which created a new wave of refugees. That year Israel occupied the rest of the Palestinian territories and many Palestinians were uprooted for the second time: 15,000 fled from the West Bank, 38,000 fled from the Gaza Strip and 160,000 fled from the Golan Heights. They found shelter in surrounding countries, such as Jordan, Syria and Egypt.
How many Palestinian refugees are there today?
Palestinians are the largest single group of refugees in the world, one in three refugees world wide is Palestinian. It is estimated that there are about 6.5 million Palestinian refugees worldwide. 3.8 million Palestinian refugees and their descendents displaced in 1948 are registered for humanitarian assistance with the United Nations. 1.5 million Palestinian refugees and their descendents displaced in 1948 are not registered as they do not require any assistance. 263,000 Palestinians and their descendents are internally displaced inside Israel. 773,000 refugees and their descendents were displaced for the first time in 1967. Descendents of refugees are included in the total population because they are still unable to realize their basic rights. About 20,000 Palestinians were internally displaced in the Occupied Territories in 2001, some 3,000 of whom were newly displaced during the year. At least 26,000 Palestinians left the Occupied Territories for Jordan and did not return between June 2000 and July 2001, this continues in 2003.
Where do Palestinian refugees reside today?
The majority of Palestinian refugees live within 100 miles of the borders of Israel in neighboring Arab host states. More than half the refugee population lives in Jordan. Approximately 37.7% live in the West Bank and Gaza Strip, comprising about 50 percent of the population in the Occupied Territories. 15% lives in almost equal numbers in Syria and Lebanon. 260,000 internally displaced Palestinians reside in Israel. The remaining refugee population lives throughout the world, including the rest of the Arab world (from the Gulf States to Egypt). Of the 3.8 million refugees registered with the United Nations Relief and Works Agency (UNRWA), 33% live inside UNRWA’s 59 refugee camps throughout the West Bank and Gaza Strip, Jordan, Syria and Lebanon.
What are the basic rights of refugees?
According to international law, refugees have the right to return to their homes of origin, receive real property restitution, and compensation for losses and damages. There are three basic solutions to refugee problems: voluntary repatriation (or return), voluntary host country integration, and voluntary resettlement in a third country. Of these three solutions only repatriation or return is a right recognized under international law. The UN General Assembly set forth the framework for resolving the Palestinian refugee case in UN Resolution 194 (III) which provides only two solutions: repatriation for those refugees “wishing to return to their homes and live in peace with their neighbors,” or compensation for those choosing not to return. On November 22, 1974, Resolution 3236 made the right of return an “inalienable right”. In Res. 302 (IV), the UN General Assembly created UNRWA and assigned the agency the task of caring for Palestinian refugees. UNRWA defined Palestinian refugees as persons who resided in Palestine two years prior to the outbreak of hostilities in 1948 and who lost their homes and livelihoods as a result of that war.
Why are Palestinian refugees excluded from coverage under UNHCR’s mandate?
When the UN adopted the Refugee Convention and established the UN High Commissioner for Refugees, it excluded those falling within the UNRWA mandate from coverage under UNHCR’s mandate. In effect, this has meant that UNHCR does not concern itself with (or count) Palestinian refugees in Jordan, Lebanon, Syria, or the West Bank and Gaza Strip, although the agency assists Palestinian refugees outside the UNRWA-mandate area. Although unintended, the effect has been that Palestinian refugees have enjoyed fewer protections than other refugees because UNRWA only has a mandate to provide Palestinian refugees with humanitarian assistance, and, unlike UNHCR, does not have a specific protection mandate.
Is something being done to rectify this exclusion?
Since the current Palestinian uprising began, the UN Commission on Human Rights, the Badil Resource Center for Palestinian Residency and Refugee Rights, and some independent refugee experts have argued that the fact that many Palestinian refugees lack effective protection should trigger the applicability of the UN Refugee Convention to Palestinians in the UNRWA mandate area. These organizations and individuals cite Article 1D of the Refugee Convention, which effectively states that whenever protection or assistance for Palestinian refugees has ceased for any reason before their situation is resolved in accordance with the relevant UN resolutions, they shall “be entitled to the benefits of this Convention.” Proponents of this view contend that UNHCR should have begun to exercise its protection mandate for Palestinian refugees long ago when it became clear that the UN Conciliation Commission for Palestine, which was concerned with protection for Palestinians, was unable to carry out its responsibilities.
Why have Palestinian refugees not returned to their homes?
The state of Israel refuses to allow Palestinian refugees to exercise their right of return citing three main arguments; first, that there is no space in Israel for the refugees to return, second, that the return of Palestinian refugees would threaten security and lead to conflict, and finally, that the return of the refugees would jeopardize the Jewish nature of the state. With regards to the first argument recent research shows that 78% of the Jewish population of Israel resides on 15% of the land. The areas where Palestinian villages were demolished lie mainly uninhabited. At the same time, all Jews worldwide are encouraged to immigrate to Israel based on the Israeli Law of Return. As for security concerns, Palestinian refugees broadly accept that exercising their right to return would not be based on the eviction of Jewish citizens but on the principles of equality and human rights. The final argument though is a testament to Israel’s false claim that it is the only democracy in the Middle East. Israel is a Jewish democracy, and this oxymoron should not be confused with real democracy.
Is there a durable solution?
With Israel ongoing aggression against the Palestinians and continued pursuit of “transfer,” a settlement for displaced Palestinians seems impossible right now. Sharon has declared that at the outset Palestinians must drop their demand for the right of return if the ‘road map’ is to be pursued. Israel continues to reject UN Resolution 194 as a basis for discussion in final-status negotiations, saying that the “right of return” is incompatible with Israel’s right of self-determination. Israel also insists that any discussion of compensation be based on the principle of reciprocity, taking into account Jews who were expelled from Arab countries as a result of the establishment of the state of Israel. However, three UN human rights treaty committees have found key aspects of Israel’s nationality, citizenship, and land legislation—which effectively bar Palestinian refugees from exercising their right of return—to be incompatible with the rights codified in relevant human rights conventions. There can be no comprehensive solution to the Palestinian-Israeli conflict without honoring the rights of Palestinian refugees.
Sources:
Badil Resource Center for Refugee Rights
Council for the Advancement of Arab-British Understanding
Shaml - Palestinian Diaspora and Refugee Center
United Nations Relief and Works Agency
U.S. Committee for Refugees
Healthcare Restricted: Female Cancer Patients in Gaza
Date posted: June 07, 2023
By MIFTAH
Background:
The Israeli-imposed siege and the frequent aggressions targeting medical facilities in Gaza have debilitated the health sector and its capacity to provide proper medical services. This is exacerbated in cases of chronic diseases, which gives rise to a need to leave the Gaza Strip to receive medical treatment in the occupied West Bank, including Jerusalem, or elsewhere. However, Israel imposes a strict and discriminatory permit regime, which has a disproportionate impact on medical patients given their conditions, and it is not unusual for these permits to be significantly delayed or ultimately refused by Israel.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) collected questionnaires from 102 women diagnosed with cancer in the Gaza Strip to assess the quality of the treatment, availability of equipment, accessibility, and referral process.
The full report is accessible here.
Conclusion and recommendations:
The 16-year-long Israeli-imposed blockade and closure on Gaza have had detrimental impacts on the health sector in the besieged Strip. Specifically, the siege has compromised the ability of the healthcare sector to deliver proper medical services due to the absence of crucial medication, equipment, and supplies under flimsy security pretexts. Ultimately, frequent aggressions and targeting of health facilities and the Israeli-imposed siege on Gaza compromise the availability, accessibility, and quality of healthcare services available to Palestinians in Gaza.
MIFTAH urges the international community to:
- Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
- Exert pressure to lift the blockade on the Gaza Strip and allow for the free movement of people and goods;
- Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
- Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
The summary factsheet is accessible here.
Financial indicators for the Family Protection Bill
Date posted: May 17, 2023
By MIFTAH
The legislation of the family protection bill is aimed at the protection of the family itself as an institution, and to guarantee its preservation. Palestinian legislators are aware of the importance of this bill, which is why all ministries and official institutions committed to developing its relevant programs, policies and plans, each according to their field of expertise. Their goal is to contribute to the promotion of a culture that combats domestic violence and encourages the response of public policies to this objective, through education, health, legislation and the media. Another objective is to track the bill’s impact and periodically assess it in cooperation with other civil societies. This paper focuses on some of the financial indicators pertaining to this bill.
All family members in Palestine are subjected to violence, including children, minors, women and men. However, married women remain the sector most vulnerable to domestic violence according to a 2019 Palestinian Central Bureau of Statistics survey. It said 29.4% of married women had been subjected to at least one type of violence by their husbands as opposed to 13% of men who had been subjected to violence by their wives, by their own confession. A total of 44.7% of individuals who have never been married have been subjected toviolence;7.6% of the elderly and 44.2% of children(12-17yearsold) were the victims of violence at the hands of one of their parents. Although a high percentage of women have been victims of violence from their spouse, a considerable percentage of these women, around 60.3% preferred to stay silent about the assault. Only a small percentage of women asked for help through official avenues; 2.9% went to a defence lawyer to file a lawsuit against their husbands, 1.3% went to the police or a family protection unit and 1.4% went to the centres for mental, social and legal aid.
Financial indicators for the Family Protection Bill
| Article of Bill/Law by Decree | Relevant party | Estimated cost |
| Article(4) specialization of Ministry of Social Development: The Ministry, in cooperation with government and civil society organizations, provide the following services to victims of domestic violence: 1.Protection and fulfilment of needs of the victim; economically and socially empowering her and reintegrating her in society in order to preserve the family fabric, while ensuring not to equate the victim with the perpetrator. 2.Appointing protection counsellors in all directorates and qualifying them to deal with domestic violence cases 3.Providingsocial, psychological and legal experts to provide victim support 4.Ensuringthe provision of social, psychological, health and legal services to domestic violence victims in coordination with relevant parties. 5.Preparing rehabilitation programs for perpetrators of domestic violence crimes 6.Coordination and cooperation with government and civil society organizations to provide the necessary training for the enforcers of this law by decree. Preparing the necessary preventative plans and programs against domestic violence |
Ministry of Social Development | ILS12 million over 3 years on average of ILS4 million year, based on a study prepared by the Ministry of Social Development |
| Article 6: Family and Minors Protection Police: In accordance with the provisions of this bill/law by decree, a family and minor protection police will be established, with branches set up in all districts of the homeland. It’s specializations are the following: 1.Goingtothe place of the domestic violence incident when the informer states that the violence has occurred, is about to occur is ongoing; or in case of violation of a restraining order, even if the informer is not the victim 2.Providingfree 24-hourhotlinestohelp victims |
Palestinian police and Family and Minors Protection Department
Reform and Rehabilitation Centres Department |
ILS7.3 million/year (the study is based on the number of those working in the family and minors protection department and their mean salary)
ILS1.3 million/year (the study is based on the number of those working in reform and rehabilitation enters, which includes special sections for women boarders) |
| Article7: Family Protection Prosecution 1.In accordance with the provision of this bill/law by decree, a prosecution’s office will be established to follow up on domestic violence cases in all districts and will operate under the supervision of the Attorney General in accordance with penal measures in force. 2. This family protection prosecution office will promptly investigate domestic violence incidents while also preserving the privacy and dignity of the victim |
Family Protection Prosecution | ILS1.7 million, based on the number of relevant prosecution agents and their mean salaries |
| Article10: parties qualified to issue restraining orders 1.Restrainingorders will be issued by the following parties of their own accord: a. Family Protection Prosecution b. The presiding judge |
Presiding judges | ILS1.9 million, based on the number of judges and their mean salaries |
| Total expected estimated cost | ILS16.2 million |
The table above shows that the estimated and main additional cost of the Ministry of Social Development to be around ILS4 million a year, considering that the other parties (police, prosecution and courts) are currently carrying out their roles without fully allocating specialized departments for protection from violence. However, if these parties do allot specialized departments for protection from violence, overall costs will reach approximately ILS16.2 million. Nonetheless, even if this cost is incurred, it still only comprises a small part of public expenditures, approximately 0.1%. Overall public expenditures for 2022 amount to approximately ILS16.2 billion, which means the cost of passing this bill and implementing its provisions will not constitute financial burden on the general budget and will not be an obstacle to ratifying the law by decree.
Furthermore, it should be noted that while it is imperative to calculate some of the costs resulting from violence against women, the reaerate the high costs as well. The secret social costs, which impact society as a whole. Data from the Ministry of Social Development showed (see graph), that violence exercised against women has prompted around 60% of them to flee their homes. Also, 18% of them attempted suicide in addition to suffering from mental and physical illnesses, unwanted pregnancies or others. Calculating expenses incurred from violence is not an easy process and there are no national data or figures that can measure the impact violence has on the state’s general budget due to the prevalent mentality towards violence as an issue associated only with women. This is especially true when the conversation is about the indirect and intangible effects of violence, including:
Violations of human rights; negative social, economic and political impacts; working women who get sick and need to take sick leave; lack of focus and productivity; impact of violence on children and academic failure; the rise in the percentage of school dropouts among children; the rise in long-term unemployment rates; the percentage of homeless children who become a burden on society; government expenditures for medical treatment; safehouses; therapy; monitoring cases of violence against women; individual expenses for following up on legal cases and lawyer fees; loss of income because of repeated absence from work or inefficacy; social expenses resulting from the breakup of the family; expenses of training individuals on how to deal with cases of violence; expenses for issuing laws and legislation on the protection of women from violence.
Confirmation of the above is that the UN believes the economic, social and health costs of violence against women are, to a large extent, undocumented and unrecognized. However, these remain colossal, according to researchers, specialists and defenders of women’s rights.
To view the full factsheet as PDF
Israeli state-sanctioned settler terrorism: A gendered lens
Date posted: April 26, 2023
By MIFTAH
Background:
The illegal Israeli settlement project, including settler-only bypass roads, military checkpoints, and the annexation wall, continues to expand and steal more Palestinian land and resources. As of today, the number of illegal Israeli settlements in the occupied West Bank, including Jerusalem, is close to 300, with around 750,000 Jewish settlers residing in them.
Israeli state-sanctioned settler terrorism against Palestinian civilians and property is prevalent and has been on the rise in recent years. Violence takes the form of psychological, physical, and verbal violence, including beating, throwing stones or sharp tools, intimidation, shooting, verbal assaults, and assaults on agricultural lands, cars, and homes. Such attacks are committed in the presence of Israeli occupation forces who often join them.
The high frequency of these forms of violence and their persistence give rise to psychological, physical, and material harm. Palestinian survivors of settler terrorism seldom press charges and file complaints against Israeli settlers given the complicity of the Israeli law enforcement system.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) and the Women’s Center for Legal and Counseling (WCLAC) collected questionnaires from 229 Palestinian women covering settler violence in the occupied West Bank governorates of Al-Khalil/Hebron, Bethlehem, and Jerusalem.
MIFTAH calls on the international community to:
Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
Stop all relations and trade with illegal Israeli settlements including international companies that profit from them;
Criminalize and blacklist Israeli settler groups that engage in terrorist activities and hold those with dual citizenship accountable in their respective states;
Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
