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Palestinian refugees or Palestine refugees are the people and their descendants, predominantly Palestinian Arabic-speakers, who fled or were expelled from their homes during and after the 1948 Palestine War, within that part of the British Mandate of Palestine that after that war became the territory of the State of Israel. The United Nations Relief and Works Agency (UNRWA), an organ of the United Nations created to aid the displaced from the 1948 war, defines a Palestinian refugee as a person "whose normal place of residence was Palestine between June 1946 and May 1948, who lost both their homes and means of livelihood as a result of the 1948 Arab-Israeli conflict". UNRWA's definition of a Palestinian refugee also covers the descendants of persons who became refugees in 1948[3] regardless of whether they reside in areas designated as refugee camps or in established, permanent communities.[4] [5] Descendants of Palestinian refugees under the authority of the UNRWA are the only group to be granted refugee status on the basis of descent alone.[6] Based on the UNRWA definition, the number of Palestine refugees has grown from 711,000 in 1950[2] to over four million registered with the UN in 2002. Some displaced Palestinians resettled in other countries where their situation is often precarious. Many remained refugees and continue to reside in refugee camps, including in the Palestinian territories.
[edit] Origin of the Palestinian refugees[edit] Refugees from 1948 WarMain articles: 1948 Palestinian exodus, Causes of the 1948 Palestinian exodus, and Palestinian Exodus 1949 to 1956 During the 1948 Palestine War, around 750,000 out of 900,000 Palestinian Arabs fled or were expelled from the territories that became the State of Israel.[2] The causes and responsibilities of the exodus are a matter of controversy among historians and commentators of the conflict.[7] Whereas historians now agree on most of the events of that period, there remains disagreement as to whether the exodus was the result of a plan designed before or during the war by Zionist leaders, or was an unintended consequence of the war.[8] Between December 1947 and March 1948, around 100,000 Palestinians fled. Among them were many from the higher and middle classes from the cities, who left voluntarily, expecting to return when the Arab states took control of the country.[9] When the Haganah went on the offensive, between April and July, a further 250,000 to 300,000 Palestinian Arabs fled or were expelled, mainly from the towns of Haifa, Tiberias, Beit-Shean, Safed, Jaffa and Acre, which lost more than 90 percent of their Arab inhabitants.[10] Expulsions took place in many towns and villages, particularly along the Tel-Aviv-Jerusalem road[11] and in Eastern Galilee.[12] About 50,000-70,000 inhabitants of Lydda and Ramle were expelled towards Ramallah by Israeli forces during Operation Danny,[13] and most others during clearing operations performed by the Israel Defence Forces in its rear areas.[14] During Operation Dekel, the Arabs of Nazareth and South Galilee were allowed to remain in their homes.[15] Today they form the core of the Arab Israeli population. From October to November 1948, the IDF launched Operation Yoav to chase Egyptian forces from the Negev and Operation Hiram to chase the Arab Liberation Army from North Galilee during which at least nine massacres of Arabs were performed by IDF soldiers.[16] These events generated an exodus of 200,000 to 220,000 Palestinians. Here, Arabs fled fearing atrocities or were expelled if they had not fled.[17] After the war, from 1948 to 1950, the IDF cleared its borders, which resulted in the expulsion of around 30,000 to 40,000 Arabs.[18] [edit] Refugees from Six-Day War
Main article: 1967 Palestinian exodus As a result of the Six-Day War, around 280,000 to 325,000 Palestinians fled[19] the territories occupied by Israel, including the demolished Palestinian villages of Imwas, Yalo, Beit Nuba, Surit, Beit Awwa, Beit Mirsem, Shuyukh, Jiftlik, Agarith and Huseirat, and the "emptying" of the refugee camps of ʿAqabat Jabr and ʿEin Sulṭān.[20][21] [edit] UNRWA definitionWhereas most refugees are the concern of the UN High Commissioner for Refugees (UNHCR), most Palestinian refugees - those in the West Bank, Gaza Strip, Lebanon, Syria, and Jordan - come under the older body UNRWA. On 11 December 1948, UN Resolution 194 was passed. It called, among other things, for the return of refugees from Arab-Israeli hostilities then ongoing, although it did not specify only Arab refugees. Resolution 302 (IV) of 8 December 1949, set up UNRWA specifically to deal with the Palestinian refugee problem. Palestinian refugees outside of UNRWA's area of operations do fall under UNHCR's mandate, however. The United Nations never formally defined the term Palestinian refugee. The definition used in practice evolved independently of the UNHCR definition, established by the 1951 Convention Relating to the Status of Refugees. The UNRWA defines a Palestine refugee as a person "whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict,"[22] This definition has generally only been applied to those who living in one of the countries where UNRWA provides relief. The UNRWA also registers as refugees descendants in the male line of Palestine refugees, and persons in need of support who first became refugees as a result of the 1967 conflict. The UNRWA definition in practice is thus both more restrictive and more inclusive than the 1951 definition. For example, the definition excludes persons taking refuge in countries other than Jordan, Syria, Lebanon, the West Bank and the Gaza Strip, but includes descendants of refugees as well as the refugees themselves. In many cases UNHCR provides support for the children of refugees too. Persons receiving relief support from UNRWA are explicitly excluded from the 1951 Convention, depriving them of some of the benefits of that convention such as some legal protections. However, a 2002 decision of UNHCR made it clear that the 1951 Convention applies at least to Palestinian refugees who need support but fail to fit the UNRWA working definition.[23] A 1952 UNRWA document says that the natural rate of increase in the refugee population was estimated as 22,000 individuals per year although, though precise figures are unobtainable.[24] Today, about 30% of those registering with the UNRWA as Palestine refugees are living in areas designated as refugee camps.[25] Critics of UNRWA say that the present definition give Palestine refugees a favored status when compared with other refugee groups, which the UNHCR defines in terms of nationality as opposed to a relatively short number of years of residency.[26] Defenders of UNRWA respond that it is precisely the stateless status of the Palestinians under British mandate in 1948 that made it necessary to create a definition of refugee based on other criteria than nationality. Historians, such as Martha Gellhorn and Dr. Walter Pinner, have also blamed UNRWA for distortion of statistics and even of sheer fraud. Pinner wrote in 1959 that the actual number of refugees then was only 367,000.[27] [edit] Refugee statistics Further information: Palestinian refugee camps The number of Palestine refugees varies depending on the source. For 1948-49 refugees, for example, the Israeli government suggests a number as low as 520,000 as opposed to 850,000 by their Palestine counterparts. The UNRWA cites 726,000 people.[28] The number of descendents of Palestinian refugees by country as of 2005 were as follows:
[edit] Jordan refugeesSeveral commentators of the Palestinian refugee situation have voiced concerns over the population estimates. Former UNRWA chief-attorney James G. Lindsay considers the current number of refugees to be largely inaccurate: "In Jordan, where 2 million Palestinian refugees live, all but 167,000 have citizenship, and are fully eligible for government services including education and health care." Lindsay suggests that eliminating services to refugees whose needs are subsidized by Jordan "would reduce the refugee list by 40%." [29][30] In July 2009, thousands of Palestinians had their Jordanian citizenship revoked in order to prevent the possibility that they might become permanent residents of the country. Jordan's Interior Minister Nayef al-Kadi said
It is estimated that over 40 000 Palestinians have been affected in the preceeding months.[32] [edit] Positions on the problem and right of returnMain article: Palestinian right of return On 11 December 1948 the General Assembly discussed Bernadotte's report and resolved: "that refugees wishing to return to their homes and live at peace with their neighbour should be permitted to do so at the earliest practicable date.[33]" This resolution has been annually re-affirmed by the UN since, but Israel says that the resolution is non-binding, does not mention a "right" anywhere, and argues that the "live in peace" condition has not been met and has prevented the return of any refugees. The Israeli declaration of independence appealed "to the Arab inhabitants of the State of Israel to preserve peace and participate in the upbuilding of the State on the basis of full and equal citizenship" [34]. Similarly the Jewish Agency had promised to the UN before the Declaration that Palestinians would become full citizens of the State of Israel[35]. The Israeli Knesset (parliament) does not consider the Declaration to have the power of law, and Israel does not in practice consider the refugees to be Israeli citizens. The 1947 Partition Plan determined citizenship based on residency, such that Arabs and Jews residing in Palestine but not in Jerusalem would obtain citizenship in the state in which they are resident. Professor of Law at Boston University Susan Akram, Omar Barghouti and Ilan Pappé have argued that Palestinian refugees from the envisioned Jewish State were entitled to normal Israeli citizenship based on laws of state succession[36]. The Arab League has instructed its members to deny citizenship to Palestinian Arab refugees (or their descendants) "to avoid dissolution of their identity and protect their right to return to their homeland".[37] Palestinian refugees claim a right of return. Their claim is based on Article 13 of the Universal Declaration of Human Rights (UDHR), which declares that "Everyone has the right to leave any country including his own, and to return to his country." Although all Arab League members at the time- Egypt, Iraq, Lebanon, Saudi Arabia, Syria, and Yemen- voted against the resolution,[38] they also cite article 11 of United Nations General Assembly Resolution 194, which "Resolves that the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return [...]."[39] However Resolution 194 is a nonbinding assembly resolution, and it is currently a matter of dispute whether the resolution refered only to refugees in 1948, or additionally to their descendants. The Palestinian National Authority supports this claim, and has been prepared to negotiate its implementation at the various peace talks. Both Fatah and Hamas hold a strong position for a right of return, with Fatah being prepared to give ground on the issue while Hamas is not.[40] Since 1967, several attempts have been made to meet the terms of both Israel and the Palestinian people. Most recently, the government of Israel, in collaboration with the United Nations, attempted to accommodate the refugee concern by facilitating the creation of an independent Palestinian state. This was negotiated during the Oslo Accords. However, events since then have halted the phasing process and made the likelihood of a future sovereign Palestinian state uncertain.[41][42] [edit] Further reading
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