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Presentation by Badil Resource Center for Palestinian Residency and Refugee Rights

What happens to the Status and Rights of Palestinian Refugees who are Relocated/Resettled?. Presentation by Badil Resource Center for Palestinian Residency and Refugee Rights. Refugee Status.

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Presentation by Badil Resource Center for Palestinian Residency and Refugee Rights

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  1. What happens to the Status and Rights of Palestinian Refugees who are Relocated/Resettled? Presentation by Badil Resource Center for Palestinian Residency and Refugee Rights

  2. Refugee Status • Refugee status is determined by the situation of the person – basically, loss of protection (i.e. persecution) in country of origin. • Refugees are entitled to protection and assistance from the host country and intl. organizations (e.g. UNHCR). • International protection includes the search for durable solutions: repatriation to country of origin, resettlement in third country or local integration in host country. Repatriation is the favourite option and the only one that is a right (i.e. right of return). • In the case of Palestinian refugees, no international organization is searching for durable solutions for all Palestinian refugees – the search for solutions has been left to the parties to the conflict.

  3. Relocation/Resettlement • Situation in host country: If refugees are deprived of the necessities of life and/or persecuted in the host country – they might be left with no option but to leave (breach of principle of non-refoulement) → movt. involuntary. • Relocation might be the only temporary solution until a durable solution is available. Under these circumstances, the person keeps his/her status as a refugee. • Possible change of legal status if refugee is resettled and acquires citizenship or an equivalent status on par with citizens of the host country.

  4. Acquisition of Citizenship or Equivalent Satus by a Refugee • Acquisition of citizenship by a refugee – two conditions apply to determine whether citizenship is genuine: (1) acquisition is voluntary (cannot be imposed); (2) status provides effective national protection (guarantee of basic rights + political rights). • If voluntary acquisition of citizenship, the refugee is no longer in need of international protection and hence is no longer a refugee → end of refugee status.

  5. Fundamental Rights • These rights apply to ALL, irrespective of whether the person is a refugee or a citizen: Right to return to one's country – individual and collective right (linked to self-determination) enshrined in: 1) HRL (UDHR (art. 13), ICCPR (art. 12), CERD (art. 5)); 2) Law of nations (right to nationality upon state succession) 3) Law of state responsibility (reparation); 4) IHL (Protocol I (art. 74)); and, 5) UN resolutions (e.g. UNGA Res. 194 and UNSC Res. 237). Right to restitution and compensation (remedies) 1) HRL (UDHR (art. 8), ICCPR (art. 2), CERD (art. 6), UN Principles) 2) Law of state responsibility(See also ICL – Rome Statute (art. 68 & 75) 3) IHL (Hague (art. 3), Protocol 1 (art. 91)) 4) UN resolutions (e.g. UNGA Res. 194 and UNSC Res. 237).

  6. Reparations for Victims of War Crimes and Violations of HR Law • Law of State Responsibility: states are responsible for the commission of an internationally wrongful act. Among others, Israel is guilty of the crime of population transfer (i.e. ethnic cleansing). Palestinian refugees and other victims are entitled to reparation for this crime, this includes: • Restitution includes restoration of liberty; enjoyment of human rights; return to one’s place of residence; return of property; and restoration of employment. • Compensation for (a) Physical or mental harm; (b) Lost opportunities; (c) Material damages and loss of earnings; (d) Moral damage; (e) Costs required for legal or expert assistance, medicine and medical services and social services. • Satisfaction includes: (a) Effective measures aimed at the cessation of continuing violations; (b) Verification of the facts and full and public disclosure of the truth; (c) Public apology, including acknowledgement of the facts and acceptance of responsibility.

  7. To summarize.... • If Palestinian refugees are resettled and voluntarily acquire citizenship, they will loose their refugee status under the 1951 Refugee Convention – but they remain refugees under the terms of UN Resolutions 194 and 237. • All Palestinian refugees and displaced persons have a right to reparation, which includes return to their home of origin, restitution and compensation.

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