Australian Refugee Rights Alliance No Compromise on Human Rights. Palestine Refugees Portfolio THE HUMAN FACE OF AUSTRALIA S REFUGEE POLICY

Transcription

1 Australian Refugee Rights Alliance No Compromise on Human Rights Palestine Refugees Portfolio THE HUMAN FACE OF AUSTRALIA S REFUGEE POLICY 1

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3 ARRA - Palestinian Refugees Portfolio Catherine Loy, Haley McEwen, James Thomson TABLE OF CONTENTS Executive Summary 2 Points for discussion 3 General background to Palestinian refugees 3 Conditions in the five UNRWA areas of operations 4 Issues of particular relevance to Palestinian refugees 5 The humanitarian crisis in Gaza and the West Bank 7 Treatment and warehousing of Palestinians in Lebanon 9 Amnesty International Article: Palestinian Refugees in Lebanon 10 Israel s breaches of humanitarian law 14 United Nations Human Rights Council Special Session Resolution N S-1/RES.1 (6 July 2006) 17 Hizbullah s breaches of humanitarian law 18 Australia s position on the Middle East 19 Position Statement 19 References 20 All human beings, Israelis and Palestinians, have the same dignity and must be treated equally. All violence and aggression against human dignity, whether Israeli or Palestinian, must stop. (Christian Heads of Churches in Jerusalem on Gaza Crisis) 3

4 ARRA - Palestinian Refugees Portfolio Catherine Loy, Haley McEwen, James Thomson Executive Summary The Palestinian refugee situation is the largest and most protracted refugee situation worldwide (UNHCR, 2005). It is a situation characterized by statelessness, prolonged military occupation, economic marginalization and vulnerability. This paper provides a general overview of the Palestinian refugee situation as of September The first section outlines the general conditions of Palestinian refugees resident within the United Nations Relief and Works Agency (UNRWA) s five areas of operations Jordan, Syria, Lebanon, Gaza and the West Bank. The next section considers issues that are of particular relevance to Palestinian refugees, including citizenship status, the protection gap between UNHCR and UNRWA mandates, the effect of Article 1D of the 1951 Convention, and the Palestinian Right of Return. A brief analysis is provided of the humanitarian crisis that has arisen in Gaza and the West Bank as a result of the suspension of aid by the Quartet, withholding of tax revenues by the state of Israel, and the effects of prolonged military occupation. The section concludes with a discussion of who has the responsibility to provide welfare assistance to Palestinian refugees living within the Occupied Palestinian Territories (OPT). The treatment and warehousing of Palestinian refugees in Lebanon is considered in light of the Convention on the Rights of the Child and the denial of rights to citizenship, adequate housing, property ownership, access to social security, education and registration. An article by Amnesty International Palestinian Refugees in Lebanon: Long Standing Suffering is extracted which details discrimination against Palestinian refugees with respect to the right to work, registration and the right of return as a durable solution. The toll of the Israel/Lebanon conflict that was waged from July to September 2006 is considered in the context of breaches of humanitarian law by both the Israeli Defence Force and Hizbullah. Reports by Amnesty International and Human Rights Watch released since July 2006 provide strong evidence of direct targeting of civilians, indiscriminate attacks, deliberate destruction of infrastructure and the disproportionate use of force by Israel in attacks against Lebanon and within the Occupied Territories. The United Nations Human Rights Council Resolution relating to the Human Rights Situation in the Occupied Palestinian Territory is attached. Evidence also suggests breaches of international humanitarian law on behalf of Hizbullah and associated groups, particularly due to the use of indiscriminate weapons, the use of human shields and the taking of hostages. Finally, the paper considers Australia s position on the Middle East and concludes with ARRA s position statement on the rights of Palestinian refugees. We are asking for: 1. The complete withdrawal of the Israeli army and Israeli settlers from all of the Palestinian Occupied Territories, including occupied Jerusalem; 2. The release of all Palestinian political prisoners, including Parliamentarians; 3. Israel s recognition of the Right of Return of the Palestinian refugees according to UN Resolutions 194 and 242; 4. Full respect for the individual and national rights of the Palestinian people. 5. Strong statements from countries outside the Middle East, such as Australia, calling for the full implementation of Resolution

5 ARRA - Palestinian Refugees Portfolio Points for discussion Given UNRWA has no protection mandate, how can the UN ensure Palestinians are protected? Can Israel validly claim a right to self-defence when it is the occupying power? Does Israel owe Lebanon repatriations for damage to civilian infrastructure? General background to Palestinian refugees The Palestinian refugee situation is the longest protracted refugee situation worldwide. (BADIL, 2006, 1) UNHCR on protracted situations: The consequences of having so many human beings in a static state include wasted lives, squandered resources and increased threats to security. (UNHCR, Protracted Refugee Situations, 10 June 2004, 2) According to UNRWA, a Palestinian refugee is any person whose normal place of residence was Palestine during the period 1 June May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict. (BADIL, 2005, 54; Takkenberg, 1998, 77) Population statistics The BADIL Resource Centre for Palestinian Residency and Refugee rights estimates that there are currently 6.8 million Palestinian refugees, and 400,000 internally displaced Palestinians, representing 70 per cent of the entire Palestinian population worldwide (BADIL, 2006b, 1). Six million correspond to the 1948 refugees and their descendants. Approximately 4.3 million are registered with UNRWA; the remaining 1.7 million are not eligible or did not register for UNRWA s assistance. 834,000 Palestinians are 1967 refugees, displaced for the first time in the 1967 Arab-Israeli war and their dependents, who, although entitled to UNRWA assistance, are not registered with the agency. A further 400,000 Palestinians were displaced after the 1967 war, live outside former Palestine and are unable or unwilling to return there due to a well-founded fear of persecution (BADIL, 2006b, 1). Approximately 21 per cent of all 1948 refugees (being 30 per cent of UNRWA registered refugees) now reside in 59 camps serviced by UNRWA across the five territories of Jordan, Syria, Lebanon, Gaza and the West Bank (BADIL, 2006b, 1). Warehoused Palestinian Refugees as of December 31, 2004 (World Refugee Survey, 2005): Gaza, The West Bank and Lebanon: Egypt, Jordan and Saudi Arabia: A further refugees have been recently displaced by the construction of the wall by Israel, which has swallowed more than 40% of the land in the West Bank. The wall is 408 miles long. The greatest issue for the Palestinian people in regards to the wall is an increasing lack of access to water supplies. (Zach Sabella, DVD, 2005) 5

6 Conditions in the five UNRWA areas of operations The conditions of each population vary widely, largely due to the political attitudes and economic stability of the host country. Each of the five areas are discussed briefly below: Jordan In Jordan, Palestinian refugees are accorded a standard of living generally equivalent to the host population, access to full citizenship and voting rights. Significantly, Palestinian refugees in Jordan are able to maintain their refugee status which is necessary to preserve the right to return to their former lands and to receive assistance under UNRWA regulations. Only 17% of the Jordanian refugee population resides in camps (Said, 2003, 90; PRRN, 2006b, p 1). Syria Approximately one quarter of Palestinian refugees living in Syria reside in refugee camps. While all Palestinian refugees are denied Syrian citizenship, they generally receive full access to employment and social services, bringing the living standard close to that of the host population (Said, 2003, 90; PRRN, 2006b, 1). Of recent concern is the number of Palestinian refugees who crossed into Syria after being displaced from Lebanon during the July-September 2006 conflict and who are vulnerable to a lack of services in comparison to other populations (OCHA, 2006, 4) 1. Lebanon The situation of Palestinian refugees residing in Lebanon is most grave. Over half of the refugee population currently resides in twelve refugee camps administered by UNRWA; many more live in unrecognized camps or temporary shelters. Refugees are restricted from most fields of employment, from owning real property and from receiving social service benefits, all of which exacerbate the situation of those living in poor and overcrowded refugee camps (Said, 2003, 90; PRRNb, 2006, 1). The recent conflict between Israel and Lebanon which spanned 12 July to 2 September 2006 caused immense devastation, displacement and destruction to infrastructure and communities in southern Lebanon, particularly surrounding the city of Tyre (Amnesty International, 2006; UNRWA, 2006a). The immediate effects have placed further strain on the humanitarian assistance provided to Palestinian refugees and to the country as a whole (World Health Organisation, 2006). The lasting effects include massive economic, environmental and social damage, and lasting political instability in the region (Malley, 2006; Human Rights Watch, 2006a). Gaza and the West Bank The recent Israel-Lebanon conflict was preceded by an intense level of conflict waged between Israel and the Palestinian population in Gaza since 26 June 2006 which caused massive damage to primary infrastructure. The conditions in both Gaza and the West Bank remain volatile, with frequent incursions being carried out by both Palestinian and Israeli military forces. Refugees, who comprise more than half of the population, continue to live under a combination of limited Palestinian Authority administration and Israeli military occupation (PRRN, 2006b, 1). 1 While more than 2000 of these refugees were being accommodated in August 2006 by UNRWA in schools through Damascus and receiving supplies from UN agencies and private donors, the Office for the Coordination of Humanitarian Affairs has voiced fears that they may be denied equal access to services (OCHA, 2006, p 4). 6

7 While Palestinians from the West Bank are eligible for Jordanian passports, and Palestinians from both the West Bank and Gaza may be issued with passports by the Palestinian Authority, movements are severely restricted by Israeli forces who maintain control of the border crossings (Said, 2003, 90). Most significantly, the continuing embargo placed on the supply of International aid to the Occupied Territories in April 2006, together with border restrictions imposed by Israeli authorities has severely restricted the supply of necessary medical supplies, funds needed to pay civil servants and goods and services required for trade (Malley, 2006). Israel s hold on the transfer of revenues collected on the Palestinian Authority s behalf since the election of Hamas to the Palestinian government in February 2006, has placed further strains on the population (Crisis Group, 2006, 5). Eighty per cent of the population in Gaza is now living in poverty, seventy per cent are in need of daily food assistance and forty per cent are unemployed (UNRWA, 2006b). Issues of particular relevance to Palestinian refugees Ambiguous citizenship Israeli nationality legislation does not allow for Israeli citizenship for those displaced by the conflict in Palestinian citizenship, as a product of the British Mandate s authority, terminated with the mandate and with the proclamation of the State of Israel on 15 May (Takkenberg, 1998, 180) Because of their ambiguous citizenship status, Palestinian refugees have experienced expulsion from various countries of refuge. One instance of this occurred during Gulf Crisis of , when up to Palestinian refugees were forced to leave Kuwait and other states of the Persian Gulf members of the Palestinian community in Libya were expelled in 1995 following a government order designed to express anger at the peace agreement established between Israel and the PLO. (The State of the World s Refugees, UNHCR, 1997, 2) Protection gap Since the establishment of UNHCR, UNRWA has been the only UN agency set up for one specific refugee problem; all other subsequent refugee situations have been dealt with by UNHCR. (Takkenberg, 1998, 29) Unlike UNHCR, UNRWA was not provided with an explicit protection mandate in respect of Palestinian refugees. (Takkenberg, 1998, 315) UNHCR has recognised, in its revised interpretation of the 1951 Convention Relating to the Status of Refugees, that 1948 refugees and 1967 refugees and their descendants are protected by the 1951 Convention and UNHCR as long as they reside outside the area of UNRWA operations (UNHCR, 2002). Based on the fact that UNRWA lacks a specific protection mandate, the geographic division of protection efforts among UNRWA and UNHCR results in a protection gap for Palestinian refugees living in UNRWA s area of operations. (BADIL, 2005, 62) UNRWA s patriarchal registration policy is discriminatory against female refugees under the authority of UNRWA, who may only receive assistance, including access to travel documents and the right to residence in Lebanon, if they are registered under a male head of household (Frontiers Association, 2005). 7

8 Article 1D of the 1951 Convention Article 1D is not a simple exclusion clause. It contains both an exclusion and an inclusion provision, ensuring that UNHCR s mandate would begin where UNRWA s ends. This simultaneously prevents overlap between UNHCR and UNRWA s mandates, while providing a continuity of protection. In fact, UNHCR routinely provides assistance to groups of Palestinian refugees in countries where UNRWA does not operate, such as Iraq, Libya, and Egypt (Frontiers Association, 2005, 53). Article 1D of the 1951 Convention has been a serious obstacle to Palestinian refugees who, after having resided in UNRWA s area of operations, are not considered by third countries to be refugees as they do not fall under the mandate of the Convention. (Takkenberg, 1998, 90) Australian courts have consistently rejected that Article 1D, second paragraph, contains an inclusion clause which would automatically confer refugee status on Palestinian Refugees. (BADIL, 2005, 283) The Rights of the Palestinian People The 1974 UN General Assembly resolution on the rights of the Palestinian people provides that the inalienable rights of the Palestinians and the Palestinian people include: o The right to self-determination without external interference; o The right to national independence and sovereignty o The right of the Palestinians to return to their homes and property from which they have been displaced and uprooted Palestinian Right of Return. Article 13 of the Universal Declaration of Human Rights: provides that anyone has the right to leave any country, including his/her own and to return to her/his country. (BADIL, 2005, 129) The right of the Palestinians to return to their homes was affirmed by the UN General Assembly in1948 with Resolution 194. This resolution has been reaffirmed by the General Assembly every year since its passage. (Takkenberg, 1998, 229) As early as June 1948, the Israeli government declared as its policy that Palestinian refugees would not be allowed to return. (Takkenberg, 1998, 86) However, Israel s admission to the United Nations in GA Resolution 273 of 1949 was conditioned upon its full implementation of the provisions of Resolution 194. Israeli spokespersons have typically argued either that Israel bears little moral responsibility for the flight of Palestinian refugees in 1948, and/or that a de factor population transfer occurred as Israel accepted post-1948 Jewish refugees from the Arab world (PRRN, 2006, 1). The Israeli Law of Return (1950) and the Nationality Law of 1952 guarantee all Jews a virtually automatic right to emigrate to Israel and become Israeli citizens, while denying that right to others, particularly the hundreds of thousands of Palestinians who fled in (Takkenberg, 1998, 246) Israel prevented repatriation of those displaced by the 1967 war, but did initiate a limited family reunion scheme. (Takkenberg, 1998, 263) Israel continues to refuse Palestinian refugees the right to return, except within the narrowly limited confines of family reunification (Said, 2003, 91). Prime Minister Shamir of Israel, 1992: The term right of return is an empty term that is utterly meaningless. It will never happen, in any way, shape or form. There is only a Jewish right of return to the land of Israel. (Takkenberg, 1998, 230) 8

9 The humanitarian crisis in Gaza and the West Bank Over one quarter of the total Palestinian refugee and displaced population resides in areas of former Palestine (Israel and the OPT) (BADIL, 2006a, 2). Suspension of funds For more than a decade, funding from, most notably, the EU and the USA enabled the Palestinian Authority to deliver health, education and other key services to the Palestinian population (CWS, 2006, 3). Since the United States, European Union, United Nations and Russian Federation suspended all direct aid to Gaza on 7 April 2006 following the democratic election of a Hamas-led government in February, state services such as health and education have been drastically cut (Malley, 2006). With an unemployment rate of 40% and most civil servants, including most teachers, having not received paychecks for over five months, few households can afford to continue sending students to school (O Loughlin, 2006, 1). Gaza s population of 1.5 million is currently facing significant hardships due to the Israeli blockade on Gaza s few crossing points, Israel s destruction of Gaza s only electric plant and Israel s withholding of Palestinian tax revenues, coupled with international donor aid cuts after the swearing-in of the Hamas-led Palestinian authority in March As a result, for the fifth month in a row, the Palestinian Authority has been unable to pay most salaries to its approximately civil servants. (Human Rights Watch, 2006, Special Session on the OPT, 1) Despite the historical reliance upon international funding for state services, Israel, as the occupying power, is obliged under international law to ensure the welfare of the Palestinians living under its occupation. In recent months Israel has been withholding US $60 million a month of import taxes which it collects on behalf of the Palestinian Authority. The withholding of these monthly taxes has placed further strain on the population (CWS, 2006, 3) Emergency assistance that is required to fulfil fundamental human rights must never be used as a bargaining tool. The Special Rapporteur on Human Rights in the Occupied Palestinian Territories (OPT), John Dugard, stated that the human rights situation in the OPT was already appalling in June 2006, before the Israeli attacks of July 2006 began. Both the West Bank and Gaza are impoverished as a result of Israel s unlawful withholding of Palestinian tax revenues and the Quartet s [US, EU, UN, Russia] decision to withhold aid. (Martin Khor, 2006, 2) John Dugard, Special Rapporteur to the OPT, This is the first time an occupied people has been subjected to economic sanctions. This economic strangulation has had a severe impact on the social and economic rights of Palestinians. (Martin Khor, 2006, 2) The welfare of an occupied people is meant to be protected under the Fourth Geneva Convention. (CWS, 2006, 1) Conditions generally John Dugard: In Gaza people are without water, food is scarce, medicines are running out households are without electricity due to the destruction of power plants. (Martin Khor, 2006, 3) Freedom of movement has been severely curtailed and Israel ignores its obligations to ensure that an occupied people have adequate food and medical supplies. (CWS, 2006, 3) 9

10 Classroom occupancy rates and pupil-teacher ratios are well below UNESCO and host authority standards in Palestinian refugee camps. (UNRWA, Medium Term Plan, 2005, 21) One out of two Arab children in Israel lives below the poverty line and half of all children living in poverty [in Israel] are Arabs, even though they represent one fifth of the population. (Bishara, 2002, 52) The ongoing construction by Israel of a 600km fence/wall in the West Bank cuts off Palestinian farmers from their lands and hundreds of Israeli checkpoints and blockades severely curtail Palestinian access to workplaces, schools and hospitals. (CWS, 2006, 4) Responsibility to provide for the welfare of Palestinian refugees in the OPT Even though Israel unilaterally withdrew its troops and settlements from Gaza in 2005, it continues to have obligations as an occupying power in Gaza under the Fourth Geneva Convention because of its almost complete control over Gaza s borders, sea and air space, tax revenue, utilities, population registry and the internal economy of Gaza. At a minimum, Israel continues to be responsible for the basic welfare of the Palestinian population in Gaza. (HRW, Ibid, 1) UNRWA on Palestinian refugee camps: UNRWA is overburdened by the demand for its services and conditions in many refugee camps where almost one-third of all refugees (1.3 million people) live are squalid Any further decline in the quality and availability of UNRWA s services could threaten the long-term human security and human development of Palestinian refugees. (UNRWA, Medium Term Plan, 2005, 9) UN agencies and aid organizations have warned that, while committed to providing emergency aid, they cannot replace the Palestinian Authority in delivering healthcare, education and other crucial services to the 3.5 million Palestinians living under Israeli occupation in the West Bank and the Gaza Strip. (CWS, 2006, 3) 10

11 Treatment and warehousing of Palestinians in Lebanon Amnesty International has expressed concern about discrimination, both legal and other, against Palestinian refugees in Lebanon. Discrimination faced by Palestinian refugee children in their access to adequate housing, social security, education and in their right to be registered. (Amnesty International Public Statement, 8 June 2006, 1) Lebanon is failing to comply with its obligations under the Convention on the Rights of the Child (CRC) with respect to Palestinian children. Particular concerns: limitations on the right to an adequate standard of living, the right to an education, the right to be registered, the right to a name and the right to social security. ( Lebanon Limitations on Rights of Palestinian Refugee Children, Briefing to the Committee on the Rights of the Child, 42 nd Session of the Committee on the Rights of the Child, May-June 2006, Comments by Amnesty International.) A law regulating property ownership in Lebanon is formulated specifically to ban Palestinian refugees from owning property. (Amnesty International Public Statement, 8 June 2006, 1) There are close to Palestinian refugees residing in Lebanon. (Amnesty International Public Statement, 8 June 2006, 2) Lebanon treats the Palestinian refugees as a security problem, rather than a humanitarian crisis. ( With Palestine, against the Palestinians: The warehousing of Palestinian refugees in Lebanon, Lisa Raffonelli, World Refugee Survey 2004, 66) The Lebanese government prohibits rebuilding camps damaged in the wars, enlarging existing camps or building new camps. (Rafonelli, 2004, 67) Positive step in terms of Palestinian refugees in Lebanon: Lebanese Minister of Labour on 27 June 2005 relaxed restrictions on Palestinian refugees access to employment however, restrictions only partially alleviated. ( Lebanon Limitations on Rights of Palestinian Refugee Children, Briefing to the Committee on the Rights of the Child, 42 nd Session of the Committee on the Rights of the Child, May-June 2006, Comments by Amnesty International.) Fulfilment of Palestinian rights in Lebanon in no way prejudices refugees Right of Return. ( Lebanon Limitations on Rights of Palestinian Refugee Children, Briefing to the Committee on the Rights of the Child, 42 nd Session of the Committee on the Rights of the Child, May-June 2006, Comments by Amnesty International.) Lebanon has 12 Palestinian refugee camps serviced by UNRWA with a registered refugee population of living in these camps. ( Lebanon Limitations on Rights of Palestinian Refugee Children, Briefing to the Committee on the Rights of the Child, 42 nd Session of the Committee on the Rights of the Child, May-June 2006, Comments by Amnesty International.) Education of Palestinian children in Lebanon: drop-out rate of 39%, 10x higher than for Lebanese students, male and female alike. Palestinian children and parents see little point in an education in Lebanon when permission to work cannot be obtained. ( Lebanon Limitations on Rights of Palestinian Refugee Children, Briefing to the Committee on the Rights of the Child, 42 nd Session of the Committee on the Rights of the Child, May-June 2006, Comments by Amnesty International. Lebanon has double the number of refugees classified by UNRWA as Special Hardship Cases (11.4%), but even this does not reflect the very high number who live in chronic poverty (UNRWA, 2006a, 1). With no access to Lebanese social support the population is extremely dependent on the relief supplied by UNRWA and the community s own close social ties to be able to cope (UNRWA, 2006a, 1). 11

12 AMNESTY INTERNATIONAL ARTICLE: PALESTINIAN REFUGEES IN LEBANON: LONG-STANDING SUFFERING In 1949, the number of Palestinian refugees in Lebanon was 100,000. They had fled or were expelled from their homes and lands in 1948 during the creation of the state of Israel; 58 years later, they are still unable to return to their homes. Their children and grand children were born in Lebanon and never saw the towns and villages from where their families came. Today, over 400,000 of them are registered by the United Nations as refugees in Lebanon. The majority of Palestinian refugees in Lebanon live in the 12 official refugee camps serviced by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), an organization created in 1949 to provide relief and work programmes for Palestinian refugees. The land area of the official camps has remained mostly unchanged since 1948 despite the large increase in the Palestinian refugee population in Lebanon. The overcrowding created by this situation is worsened by the Lebanese authorities prohibition of entry of building materials to camps in the south of Lebanon, which hosts some of the largest Palestinian camps, thus preventing inhabitants from making improvements or repairs to their homes. Other Palestinian refugees in Lebanon live either in cities and towns or what are known as unofficial camps, makeshift settlements that have existed since Palestinian refugees arrived in Lebanon. These settlements have limited infrastructure and are poorly constructed because the Lebanese government prohibits all construction work in these unofficial camps. Many families place corrugated metal sheets side-by-side to act as walls or roofs, providing only limited shelter from the heat and the rain. Building with bricks so as to gain greater protection from the elements can lead to trouble. In one case, a woman was arrested by the police and detained until the brick wall her husband had recently built was pulled down. To build bricks in the ceiling instead we need permission from the local authority; the local authority does not give permissions. We could go to the governorate but it does not give permissions either. Khaled, 17 March 2006 Khaled has lived with his family in El-Maachouk gathering in Tyre for 32 years where his family moved from Burj El-Shemali (Tyre) to a bigger house. He left school in the fourth grade to support his family when his father was detained during the Israeli invasion of Lebanon. He now lives in a small house close to his parents, with his wife and children. His parents house has one room where the ceiling is made of corrugated metal while the other room has a ceiling made of bamboo sticks topped by mud. To build bricks in the ceiling instead we need permission from the local authority; the local authority does not give permissions. We could go to the governorate but it does not give permissions either. As for his own house, Khaled built [the wall of] a small room in 2003; the police came and pulled it down ; he had to pay a LL230,000 fine. The actions of the Lebanese authorities, in blocking Palestinian refugees from making 12

13 improvements to make their accommodation safe, habitable and adequate, violate the duty to respect their housing rights. In addition, since 2001, Lebanese law has effectively prevented Palestinian refugees from owning property in Lebanon. The law is worded in a manner that almost exclusively prevents Palestinians from owning property. This law and the building restrictions imposed on Palestinian camps and settlements are discriminatory; they violate the human rights of Palestinian refugees in Lebanon, including their housing rights and their right to an adequate standard of living. By discriminating against Palestinian refugees in this manner, Lebanon violates its obligations under several international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, (ICESCR), the Convention on the Rights of the Child (CRC), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). 1. The Right to Work Amnesty International has long-standing human rights concerns over the restrictions that have been placed for many years on the right to work of Palestinian refugees in Lebanon as well as their rights at work. For years, Palestinians were not allowed to work in dozens of professions in Lebanon including as accountants, secretaries, deputy directors, marketing agents, salespersons, pharmacists, electricians, guards, drivers, cooks, hairdressers or engineers. In June 2005, however, Lebanon s Minister of Labour issued a decision according to which Palestinian refugees residing in Lebanon would be permitted to work in various occupations that were previously barred to them by law, though not those governed by a professional syndicate (such as engineering, medicine and pharmacy), from which they are still barred. In order to benefit from the Minister s decision, Palestinian refugees in Lebanon are still required to obtain a work permit before they can take up employment in one of the occupations that the decision opened to them; as yet, it is not clear to what extent Palestinians have been able to do so and, therefore, whether in practice the ministerial decision of June 2005 has yet had more than a cosmetic effect in reducing actual discrimination against Palestinians and alleviating the conditions to which Palestinian refugees are exposed in Lebanon. The severe difficulties faced by Palestinians in accessing employment have a direct effect on their enjoyment of other human rights. This is not only true of their ability to enjoy an adequate standard of living, but also has negative consequences on other rights such as the right to education. In many cases, Palestinian families interviewed by Amnesty International said that children dropped out of school as they believe that spending many years of education to finish school or university would be wasted as they would not be able to benefit from their education in order to find work. Marwan is one of those young people. He dropped out of school after the 6th grade as his family could not afford the cost of education. He says that as a Palestinian, you study and pay fees then you can t work I have cousins who finished school and work in home painting jobs and don t get back any of what they spent. Marwan learned butchery after he dropped out; he worked for a Lebanese employer for seven years during which he 13

14 received less than half the salary of his Lebanese counterparts. Marwan took a loan and opened his own butcher s shop inside his home camp in Beirut. His brother left school after 7th grade; he could have continued his education until he was 25 but make no money. So I took him to work with me in the butcher s shop to learn something with which he can earn a living. 2. Discrimination against those known as non-id Palestinian refugees. Non-ID Palestinian refugees are a category of Palestinian refugees in Lebanon who do not possess valid identification documents; due to this, they face more severe restrictions on their human rights than registered refugees. Their number is estimated to be between 3,000 and 5,000. The first generation came to Lebanon from other countries where they had been refugees and were unable to gain residency in Lebanon. As their identity documents expired or were lost, they had neither residency nor valid identification. Subsequent generations have been born to non-id fathers and as citizenship is transmitted through the father in Lebanon were not registered at birth. These second generation children and adults have no legal recognition in Lebanon. One of the major problems that non-id refugees face is that they are not able freely to move around Lebanon. As they do not have IDs or residency permits, many of them seldom leave refugee camps for fear of being arrested. Non-ID refugee children are unable to access formal education, including state or UNRWA education. They can pay to attend private school, but they are unable to take the brévé state exams (leading to an intermediate schooling certificate) and so receive no recognition of their educational achievement or finish school. Rola is a 42-years old Palestinian refugee. Her family came to Lebanon in 1948 and are registered with UNRWA. Her husband (whom she divorced) had a Jordanian passport; however, he lost his passport and the Jordanian authorities allegedly refused to renew it.rola do not have a civil certificate for her marriage, only a religious one. Despite being registered with UNRWA, her children lack such registration; they are non-ids. They all went to non-unrwa paying schools. They were not able to continue their education after the 9th grade as they could not sit for the state exams (brévé). They are also unable to register their marriages as they have no official registration themselves. In both Palestinian and Lebanese society, marriage is highly regarded. Given the importance of marriage in the Palestinian community in Lebanon, not being able to get or register as married can have profound social consequences and even psychological and economic consequences. Miryam is 20 years old; she is a non-id Palestinian refugee. She has been engaged for five years to a Lebanese man. However, she has not been able to get married as her marriage would not get a civil recognition because she has no documents. Her family has been working on the papers for years, but there seems to be nothing that they can do. She is very depressed. 3. The right of return Amnesty International believes that durable solutions respectful of the human rights of Palestinian refugees must be made available to them in any final peace agreement between the Palestinian Authority and Israel. Amnesty International recognizes that voluntary repatriation in safety and dignity is the preferred durable solution for refugees. 14

15 The right of return is enshrined in international law and Amnesty International believes that Palestinian refugees should be able to exercise their right of return to their homes and lands. Of the three durable solutions for refugees - resettlement in a third country, local integration, and voluntary repatriation - the third is often recognized as the preferred solution for refugees. However, voluntary repatriation has been inaccessible to Palestinian refugees since their flight in 1948 due to the refusal of the state of Israel to allow them to return to their homes and lands in Israel, or to the Palestinian Occupied Territories. No significant resettlement efforts for Palestinian refugees have taken place since There have been and continue to be individual refugees who seek to emigrate and live in third countries; however, for nearly 60 years, the only available alternative for most Palestinian refugees has been to remain in Lebanon. Amnesty International believes that until such time as the right of return is fulfilled, Palestinian refugees should benefit from civil and political, as well as economic, social and cultural rights in their host countries on the basis of equality with nationals, including, but not limited to, the right to work, the right to education, the right to healthcare, the right to adequate housing and the right to an adequate standard of living. In accordance with the principle of international burden and responsibility-sharing, the international community has, in the case of the Palestinian refugees in Lebanon, an important role to play in providing assistance to Lebanon to enable it to extend the highest possible level of enjoyment of human rights to its refugee population. 15

16 Israel s breaches of humanitarian law Direct targeting of civilians and indiscriminate attacks on Lebanon Protocol 1 to the Geneva Conventions of 12 August 1949, Article 51 - Protection of the Civilian Population: The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited Indiscriminate attacks are prohibited. (Protocol Additional to the Geneva Conventions of 12 August 1949, adopted on 8 June, 1977) Throughout the conflict in Lebanon, Israel has consistently launched artillery and air attacks with dubious or limited gain, and struck civilian structures with no apparent military target, in circumstances that suggest a deliberate targeting of civilians. Direct targeting of civilians and indiscriminate attacks breach IHL (HRW, 2006a, 1). Between July 12 and July 27, 2006, the Israeli Defence Force (IDF) killed an estimated 400 people, the majority of them civilians. The IDF systematically failed to distinguish between combatants and civilians in their attacks. (Human Rights Watch, 2006, 3) Human Rights Watch investigated 153 civilian deaths in this period in Lebanon: 63 were children under the age of 18, 37 were children under the age of 10. (HRW, 2006, 4) HRW concludes that the IDF consistently tolerated a high level of civilian casualties for questionable military gain. (HRW, 2006, 5) In dozens of attacks, the IDF struck areas with no apparent military target. For example, Human Rights Watch reports that 28 people were killed in Qana on 30 July, 16 people killed in a civilian home in Aitoroun on 16 July, and 11 people killed when an apartment block was destroyed in Tyre on 16 July (HRW, 2006a, 1). To date, the chief cause of civilian deaths from the Israeli campaign is targeted strikes on civilian homes in villages of Lebanon s South. (HRW, 2006, 14) By consistently failing to distinguish between combatants and civilians, Israel has violated one of the most fundamental tenets of the law of war: the duty to carry out attacks on only military targets. (Ibid) In Israel s recent attacks on Lebanon, artillery-fired cluster munitions were used against populated civilian areas. When used in such a context, these weapons constitute a violation of international humanitarian law. (Human Rights Watch, 2006, 6) In the words of the UN s Undersecretary-General for Humanitarian Affairs, Jan Egeland: What s shocking and, I would say, to me completely immoral, is that 90 per cent of the cluster bomb strikes occurred in the last 72 hours of the conflict, when we knew there would be a resolution (Dilorenzo, 2006). Further, cluster bombs used by the IDF in Lebanon had an usually high failure rate. While usually 10-15% off bomblets fail to explode immediately, research has estimated that up to 70% of the Israeli bomblets failed to explode. The UN Mine Action Co-ordination Centre, having assessed 85% of the bombed areas in Lebanon, identified 379 bomb-strike areas that were contaminated with as many as 100,000 unexploded bomblets missile (Dilorenzo, 2006, 2). 16

17 Deliberate destruction of infrastructure and disproportionate attacks on Lebanon Article 147 of the Fourth Geneva Convention prohibits extensive destruction not justified by military necessity and carried out unlawfully and wantonly, hostagetaking and torture or inhuman treatment. All state parties to the Convention are required to search for and ensure the prosecution of those who have committed grave breaches against the Convention. (CWS, 2006, 10) people were displaced by the conflict in Lebanon. This figure amounts to nearly 20% of the Lebanese population. (CWS, 2006, 1) Displacement of civilian populations is prohibited unless the security of civilians or imperative military reasons so require. This obligation calls into question Israel s actions in dropping leaflets to warn civilians in southern Lebanon to evacuate areas south of the Litani River, and statements such as made by Israeli Justice Minister Haim Ramon on 26 July that any civilians remaining in South Lebanon after being issued such leaflets should be considered terrorists and suggests that the targeting of civilians and civilian infrastructure was a military strategy to force displacement. To the extent that displacement in Lebanon has been caused by actions which are otherwise unlawful, the displacement itself is also unlawful (Amnesty International, 2006, 7). Attacking, destroying or rendering useless objects indispensable to the survival of the civilian population is prohibited by Protocol 1, Article 54 (1,2). Israel s response in Lebanon resulted in the destruction of a large part of Lebanon s infrastructure, including the international airport, sea ports, many roads, all bridges on the Beirut- Damascus international highway and many other main roads, a lighthouse, wheat silo, milk factories, petrol stations, factories, shops, storage tanks and trucks (Amnesty International, 2006b). While Israel has claimed that the targeting of infrastructure was to disrupt the supply of arms from Syria and Iran to Hizbullah, and was the result of Hizbullah using the civilian population as a human shield, Executive Deputy Secretary General of Amnesty International, Kate Gilmore, remarks The pattern, scope and scale of the attacks makes Israel s claim that this was collateral damage simply not credible (Amnesty International, 2006c, 1). Parties to a conflict must allow and facilitate rapid and unimpeded passage of impartial humanitarian relief (Protocol 1, Article 70) and respect and protect medical personnel and their means of transport (Protocol 1, Articles 15 and 21). The air and sea blockade imposed by Israel on Lebanon, bombing of Beirut s airport, ports and main roads restricted vital aid delivery to persons in southern Lebanon. Destruction by Israel of electricity power plants and other infrastructure increased the need for fuel and medical supplies. While blockades are not strictly prohibited, they must comply with the right for civilian populations to receive humanitarian relief (Amnesty International, 2006, 7). In addition, intentionally directing attacks against humanitarian personnel, installations, units or vehicles is a war crime (ICC Statute, Article 8(2)(b)(iii). Two Israeli air strikes hit humanitarian vehicles, on 18 and 23 July (HRW, 2006, 5). On July 25, 2006 an Israeli precision-guided missile directly hit the clearly-marked and well-known observer post of the UN s Observer Group Lebanon (OGL) near Khiyam. There was no Hizbullah presence or firing near the UN position during the period of the attack. (HRW, 2006, 29) Having emerged from a 20-year civil war, Lebanon s economic and political progress has been impressive. Apart from Israel, it is the only functioning democracy in the Middle East, but it is fragile. Israel s actions have galvanised anti-western and anti-israeli elements and are starting to destabilise the central government, threatening to push Lebanon back into civil war, which would open the door to increased Syrian intervention and a strengthening of the Iranian and Syrian-backed Hizbullah. (CWS, 2006, 5) 17

18 Direct targeting of civilians and civilian infrastructure in the OPT Previous to Israel s bombing of Lebanon this year, its bombing of and incursion into the Gaza Strip caused over 40 deaths and significant damage to infrastructure by 8 July. (Khor, 2006, 1) The collective punishment of the Palestinian people constitutes a breach of humanitarian law. (Khor, 2006, 2) The UN Human Rights Council held its first-ever special session over the issue, in recognition that this was an urgent situation. On 6 July it adopted a resolution demanding that Israel end its military operations in the Occupied Palestinian Territories (OPT) and release arrested Palestinian ministers and legislators. (Khor, 2006, 1) John Dugard, the Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories issued a statement describing the suffering of the Palestinian people. The statement was delivered on 5 July, (Third World Network Features, July 2006, 1) John Dugard, commenting on Israel s actions in Gaza: It is clear that Israel is in violation of the most fundamental norms of humanitarian law and human rights law. (Khor, 2006, 3) Most common breaches of humanitarian law include the disproportionate and indiscriminate use of force. Israel has destroyed the only electricity plant in Gaza, which is essential to power the water system, sewage treatment and medical services in Gaza. The laws of war prohibit attacks on objects indispensable to the survival of the civilian population. (HRW, 2006, Special Session on the OPT, 1) Protection of objects indispensable to the survival of the civilian population enshrined in Article 54 of the Protocol Additional to the Geneva Conventions of 12 August, 1949, adopted on 8 June John Dugard: Israel portrays its military offensive against Gaza as a response to Qassam rockets fired from Gaza into Israel. Deplorable as such Palestinian actions may be, they do not warrant the disproportionate retaliation they have prompted. Humanitarian Law prohibits indiscriminate attacks on civilians and civilian objects and the disproportionate use of force against civilians. (Khor, 2006, 3) Paul Hunt, UN Human Rights Council s Special Rapporteur on the Right to the Highest Attainable Standard of Health, has called for an independent inquiry into war crimes committed in Gaza by Israel. On 20 July he stated: The destruction of Gaza s electricity power station is profoundly inconsistent with the health and safety of all civilians living in Gaza, especially the young, sick, infirm and elderly, as well as their right to the highest attainable standard of health, enshrined in the International Bill of Rights and other international human rights instruments. (UN News Centre, 2006, 1) Intimidation tactics Sonic boom raids: Article 33 of the Fourth Geneva Convention prohibits measures of intimidation against the civilian population. (HRW, 2006, Special Session on the OPT, 2) There appears to be no military justification for the use of sonic booms, other than to intimidate and terrorise civilians. (CWS, 2006, 11) Historic breaches: establishment of settlements in the Palestinian Occupied Territories started immediately after the 1967 war. Article 49 of the Fourth Geneva Convention: The occupying power shall not ( ) transfer parts of its own civilian population into the territory it occupies. (Takkenberg, 1998, 222) 18

19 UNITED NATIONS HUMAN RIGHTS COUNCIL SPECIAL SESSION RESOLUTION S-1/RES.1 (6 JULY 2006) Human rights situation in the Occupied Palestinian Territory The Human Rights Council, Guided by the principles and objectives of the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, Affirming the applicability of the Geneva Convention relative to the Protection of Civil Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and to other occupied Arab territories, Expressing deep concern at the breaches by Israel, the occupying Power, of international humanitarian law and human rights law in the Occupied Palestinian Territory, including the arbitrary arrest of Palestinian ministers, members of the Palestinian Legislative Council and other officials, as well as the arbitrary arrest of other civilians, the military attacks against Palestinian ministries, including the office of the Premier, and the destruction of Palestinian infrastructure, including water networks, power plants and bridges, 1. Expresses grave concern at the violations of the human rights of the Palestinian people caused by the Israeli occupation, including the current extensive Israeli military operations against Palestinians in the Occupied Palestinian Territory; 2. Demands that Israel, the occupying Power, end its military operations in the Occupied Palestinian Territory, abide scrupulously by the provisions of international humanitarian law and human rights law, and refrain from imposing collective punishment on Palestinian civilians; 3. Expresses grave concern at the detrimental impact of the current Israeli military operation on the already deteriorating humanitarian conditions of the Palestinian people; 4. Urges Israel, the occupying Power, to immediately release the arrested Palestinian ministers, members of the Palestinian Legislative Council and other officials, as well as all other arrested Palestinian civilians; 5. Urges all concerned parties to respect the rules of international humanitarian law, to refrain from violence against the civilian population and to treat under all circumstances all detained combatants and civilians in accordance with the Geneva Conventions; 6. Decides to dispatch an urgent fact-finding mission headed by the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; 7. Calls for a negotiated solution to the current crisis. 2nd meeting 6 July 2006 [Adopted by a recorded vote of 29 votes to 11 with 5 abstentions. The voting was as follows: In favour: Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Ecuador, Ghana, Guatemala, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Morocco, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Tunisia, Uruguay, Zambia. Abstaining: Cameroon, Mexico, Nigeria, Republic of Korea, Switzerland. Against: Canada, Czech Republic, Finland, France, Germany, Japan, Netherlands, Poland, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland.] 19