et al,
The largest problems with the issue of Palestinian Refugees in the Middle East, is the lack of a single and universal understanding of what it means to be a "refugee" versus "registered for refugee services."
All the refugees in the world are handled through the UNHCR
(United Nations High Commissioner for Refugees); except for the Palestinians, which are handled UNRWA
(United Nations Relief and Works Agency for Palestine Refugees). Thus, there is a conflict with the practical definition of a "refugee;" and one in which has perpetuated the lack of settlement of the refugee issue.
(REFERENCES)
(COMMENT)
The numbers of "refugees" are not based on a formula. Mathematics,
per se (or "in itself"), don't enter into the determination. It is a determination by definition and eligibility.
Relative to the Arab Palestinian Refugee population, CERI sets the criteria which basically says that "Palestine refugees, defined as “persons 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.” The descendants of Palestine refugee males, including legally adopted children, are also eligible for registration."
The purposes of these CERI is:
• to set out for the guidance of UNRWA staff, the persons and categories of persons who are eligible to register to receive UNRWA services and those who are eligible to receive services without being registered;
• to describe the criteria, requirements and procedures for registration of eligible persons and groups of persons; and
• to describe the UNRWA services (relief and social services, education, health, micro-finance and micro-enterprise) that are available to eligible persons.
"UNRWA services are available to all those living in its areas of operations who meet this definition, who are registered with the Agency and who need assistance. When the Agency began operations in 1950, it was responding to the needs of about 750,000 Palestine refugees. Today, some 5 million Palestine refugees are eligible for UNRWA services." (
SOURCE: Who We Are | UNRWA)
Now the question is basically, how did the number increase from 750,000 to 5 million. And the answer is not really difficult, but must be understood in terms of the language used. First, there is a difference between:
- Those considered "eligible for refugee services."
- Those that are "refugees."
- Those that are "stateless persons."
(Note: All true "refugees" are "eligible for refugee services;" but, not all those "eligible for refugee services" are true "refugees.")
There is a difference between the definition of a "refugee" (in the CRSR) and those "eligible for refugee services" (in CERI). Both have quite extensive definitions, but clearly the CRSR does not include "descendants" in the definition of a "refugee" --- whereas, the CERI criteria for services does include "descendants" in the "eligible for refugee services."
Further confusion is amplified by the fact that CERI uses tricky language that sounds very familiar:
Persons who meet UNRWA’s Palestine Refugee criteria:
"These are persons 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. Palestine Refugees, and descendants of Palestine refugee males, including legally adopted children, are eligible to register for UNRWA services. The Agency accepts new applications from persons who wish to be registered as Palestine Refugees. Once they are registered with UNRWA, persons in this category are referred to as Registered Refugees or as Registered Palestine Refugees."
There is a catch. The UNRWA is not permanent. Currently the General Assembly has extended its term to 2017. Under the CSRS:
"This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention."
If, and when the UNRWA comes to term, the CSRS will assume coverage. The CSRS, like any other convention, is an enduring arrangement; and set in International Law. The definition of a "refugee" is universal within it.
When the UNRWA terminates, the number of Palestinians that are considered "refugees" today will drop from the 5 million number to the true number based on the definition used universally elsewhere around the world. Currently, under the universal CSRS definition of refugee, the number would be well less that 80,000; some estimate the number to be under 60,000 by 2017. That is because the International Convention (CSRS) would not apply to:
(1) He has voluntarily re-availed himself of the protection of the country of his nationality; or
(2) Having lost his nationality, he has voluntarily re-acquired it; or
(3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or
(4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or
(5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;
Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;
(6) Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;
This would virtually wipe-out the status of any person who claims citizenship under the State of Palestine, or those that held the citizenship of another nation.
Most Respectfully,
R
