FROM RELIEF AND WORKS TO HUMAN DEVELOPMENT: UNRWA AND PALESTINIAN REFUGEES AFTER 60 YEARS

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1 FROM RELIEF AND WORKS TO HUMAN DEVELOPMENT: UNRWA AND PALESTINIAN REFUGEES AFTER 60 YEARS Conference Report prepared by Hana Sleiman, Research Assistant, Issam Fares Institute for Public Policy, American University of Beirut The Issam Fares Institute for Public Policy and International Affairs (IFI) at the American University of Beirut and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) organized a conference titled From Relief and Works to Human Development: UNRWA and the Palestinian Refugees After 60 Years. The two-day conference was held on October 8 and , and is part of IFI s Program on Policy and Governance in the Palestinian Refugee Camps. The conference gathered UNRWA officials, scholars, researchers, governmental representatives of host and donor states, representatives of grass root civil society organizations, representatives of political parties as well as Palestinian refugees. The conference discussed the following seven themes: Meeting Challenges in Programs and Service Delivery; Protection: from concept to practice; Governance: the camps and UNRWA; Civic Participation and Community Engagement; Camp Improvement/Reconstruction and Community Development; Palestinian Refugees and Durable Solutions: a role for UNRWA, and Reflections on the Palestinian Refugee Regime. OPENING REMARKS The opening remarks were given by Karim Makdisi, Associate Director of IFI and Sari Hanafi, Associate Professor of Sociology at AUB and Research Director of the program on Policy and Governance in Palestinian Refugee Camps in the Arab East at IFI. Maya Majzoub, President of the Lebanese Palestinian Dialogue Committee (LPDC), welcomed this initiative as a chance to reflect on UNRWA s work, especially in light of the current financial crisis it is going through. Majzoub reiterated that since 2005 the Lebanese government has continued to adopt a new approach towards Palestinian-Lebanese relations which affirms Lebanon s sovereignty and ensures a dignified life for refugees without undermining their Right of Return (ROR). In his opening remarks, Abdullah Abdullah, Ambassador of Palestine to Lebanon, explained the historical background of the United Nations (UN), emphasizing the fact that it was created in parallel with the passing of UN resolution which calls for a just solution to the refugee issue. In addition to service delivery, Abdullah said UNRWA serves as a symbol of the international community s recognition of and responsibility towards the refugee issue. Yet there are problems facing UNRWA as a result of the increasing needs of refugees as well as the Agency s structural and financial difficulties, he added. It is the role of host governments, civil society organizations, and the Palestinian Liberation Organization to support its work until a just solution is found. Filippo Grandi, UNRWA s Commissioner General, gave the keynote address pointing to the subjectobject role which UNRWA would play in the conference. He stressed that UNRWA has to be adaptable and innovative. He noted UNRWA s transition from relief-driven operations to education, health and community-based services. Grandi pointed to the external and structural challenges facing UNRWA,

2 and he mentioned the 2004 Geneva Conference as the beginning of a reform process that aims at responding to these challenges and improving the quality of programs. He stated that he views the W in UNRWA s acronym which stands for works as important as the R (relief), reflecting UNRWA s commitment to investing in opportunities that will improve refugee lives, their communities, and through them, the region. He stressed that UNRWA s protection work is intended to advance refugee rights. Finally, he noted that while the realization of a just and lasting solution falls into the remit of states and political actors, UNRWA can play a consultative, facilitative and advisory role; it is working to allow the refugees to become a constituency for peace. MEETING CHALLENGES IN PROGRAMS AND SERVICE DELIVERY UNRWA Education Program: Challenges and Lessons Learned This panel was chaired by Roger Davies, Deputy Director of UNRWA Affairs in Lebanon. Mohan Menon, Deputy Director of the UNRWA Department of Education in Amman, and Roger Hearn, Director of UNRWA Affairs in Syria, presented UNRWA s education program, highlighting the main constraints facing the program and the underlying rationale that necessitates its reform. The reform will essentially focus on result and outcome, and will entail the decentralization of decision making, effective school support systems and restructuring of the governance formula to emphasize accountability, leadership and teamwork. The program s intended outcomes are professional, qualified and motivated staff, evidence-based policy making, effective support for children with special needs, improved education planning and management, a holistic approach to learning, improved governance and accountability, strengthened partnerships, and optimum preparation of graduates so as to increase their employment opportunities. Hearn presented the experience of the education program in Syria which was adopted as a contextspecific strategy to address the youth bulge, and to exploit market-oriented economic reform. He explained that the previous strategy did not take into account the impact of different socio-economic contexts. The new strategy aims at ensuring employability of youth in light of the economic liberalization undertaken in Syria by enhancing vocational training through shifting from an academic orientation to a competency-based approach, and by establishing an employment guidance centre to orient young people towards market needs. Hearn explained that by providing loans to support new business ideas, the focus on entrepreneurship capitalizes on the liberalization of the Syrian economy. Orienting the business model to the needs of the market will make a tangible difference in terms of youth-employability, he said. The UNRWA Health Program: Delivering Health Services Against All Odds Ali Khader, UNRWA s Acting Director of the Department of Health highlighted the improvement in the overall health of refugees since the 1950s, adding that the health indicators of refugees are similar to those of the host countries, and even surpass them at times. A 2005 WHO report praised UNRWA s health program as extraordinarily effective and responsive, and advised that further resources should be deployed to bridge the gap; failure to do so will result in the deterioration of the refugees health. The need for utilization of services has increased by 130%, while the budget has only increased by 40%, Khader said. In light of chronic disparities between refugee needs and available financial resources, the Health Programme underwent a programmatic shift as part of a major health reform plan that aimed at improving quality, efficiency and effectiveness of the program, while focusing on the primary health system and hospital care. This included updating and adapting structure and procedures to new needs, in addition to serving as a health sector coordination and an active actor in

3 the health of Palestinian refugees. The speaker concluded by saying that the process of health reform involves all relevant stakeholders who are geared in the same direction of ensuring quality primary health care. Realizing Self-Reliance: UNRWA s Microfinance Department Alex Pollock, Director of UNRWA s Micro Finance Department, explained that for subaltern low-income societies, microfinance does not present a solution to poverty. It merely assists clients to become self reliant but cannot replace the fiscal and economic policies of states that decrease unemployment through economic growth. Pollock discussed UNRWA s microfinance program which operates in the West Bank, Gaza, Syria and Jordan, and which is run on a sustainable basis, whereby its operating costs are financed by the interest clients pay on loans. Achieving operational self-sufficiency is integral for the department s sustainability and growth. Pollock explained that the program s credit outreach to subaltern communities is offered through a range of five business products that include two specialized women-only instruments. It also provides a home improvement and home loan product and a consumer loan product to the low-waged. Pollock then discussed the challenge of limited income due to scarce funding; thus leaving the department at a cross-road where it will either remain dependant on donor funds - ultimately limiting its growth - or it will be transformed into a separate and independent private microfinance institution with the ability to access capital from private investors. Reflections on UNRWA s Operations in Syria Raja Deeb from the Center for Refugee Rights/Aidun in Syria presented a civil society perspective on UNRWA operations in Syria. Deeb recalled that UNRWA s policy in Syria since 1948 was based on the premise of working to enhance the living conditions of the refugees without affecting their Right of Return. He discussed UNRWA s Medium Term Strategy which shifted focus to human development, explaining that it triggered some concerns relating the Right of Return. The fears are caused by several factors. To begin with, the lack of community participation in identifying needs and prioritizing development projects has led refugees to believe that these projects are dictated by donor states that support nationalization/tawteen. The situation is further exacerbated by the fact that the donors contribution to the development projects budget is increasing at the expense of their contribution to the core relief budget. In light of the above, UNRWA is required to continuously communicate with refugees in order to assure them that the new strategy does not undermine their Right of Return. UNRWA should also remain committed to the primary goal of providing relief and health services as these guarantee preserving its original mandate. The Evolution of UNRWA s Budget from 1994 to 2010 Mahmoud Hanafi from the Palestinian Centre for Human Rights (Shahed) in Beirut gave an overview of the evolution of UNRWA s budget from 1994 to UNRWA was the primary witness to the plight of Palestinian refugees and its mandate is the provision of relief services to this refugee population, he said. Hanafi added that any change to this mandate directly affects the refugee cause and their Right of Return. Hanafi gave an overview of the causes of UNRWA s budget oscillations over the years. The most important factors affecting the donors contributions have been: 1) the changing political agendas of donor states, 2) Palestinian crises, (such as the Nahr el Bared crisis and the January 2009 Gaza war), which have led donors to contribute to emergency funds at the expense of their contribution to UNRWA s core budget, 3) issues related to UNRWA s governance and effectiveness, and 4) the international financial crisis. He added that UNRWA must maintain a balance between its

4 developmental goal of service delivery, and its political goal of empowering refugees for the purpose of return. He concluded by saying that UNRWA should evaluate its programs in order to enhance the quality of its services, and should increase partnership efforts with the local refugee population in order to build a relationship based on mutual trust. Discussion The discussant, Jihad Makhoul, Professor and Chairperson at the Department of Health Promotion and Community Health at AUB, questioned the extent to which communities are involved in the processes of assessment and evaluation, and whether the programs are donor-driven or implemented in cooperation with local, and rather unstable, governance structures. Makhoul highlighted the necessity of identifying the causes of high rates of school drop-outs; he noted that one such cause could be related to teacher burn-out which would negatively affect the quality of education. Makhoul asked if the services provided were dictated by the needs, and whether or not the repayment process negatively affects the borrowers. She also wondered if gender issues have been taken into consideration when analyzing programs. Ali Mustafa, Director of the General Administration for Palestinian Arab Refugees in Syria, said that the Syrian system highly facilitates UNRWA s work under one condition; respecting Syria s national principles, most importantly the right of refugees to return to Palestine. As for the issue of setting priorities, he explained that it is done in consultation with the advisory committees in a manner that guarantees that development programs do not undermine the basic programs. Mustafa also questioned the title of the conference in terms of the shift from relief to development; in his opinion, UNRWA adopts both strategies and should therefore clarify the matter in order to avoid any confusion. Wajeeh Azayzeh, Director of the Department of Palestinian Affairs in Jordan, emphasized that refugee needs should dictate the funding priorities, and not vice versa. Muhammad Abu Baker, Deputy Director of the Department of Refugee Affairs at the Palestine Liberation Organization (PLO), also voiced concern regarding the title which emphasizes the shift from to instead of combining the two approaches. Samira Salah, a member of the Palestinian National Council (PNC), asked Pollock about the interest rates of the microfinance program, and inquired why the program had not been implemented in Lebanon. She added that proper health necessitates adequate housing, a matter which is particularly lacking in the camps of Lebanon. Tayseer Attalah, an UNRWA employee, asked if UNRWA will later reflect on the reform processes it is currently undertaking. He also called for unifying the History of Palestine curriculum. Ali Al Huwaidi from Thabet Organization recommended that UNRWA clarifies its understanding of Human Development and whether it will be done involving the refugees. He also asked if UNRWA s financial crisis is cumulative, what the reasons were behind the financial blackmail by donor states (such as Canada), and why its budget is dependent on voluntary funds and does not come from the UN s core budget like other agencies. Raed Ataya from Nabeh, a local NGO working in Palestinian communities, commented on the fact that the Lebanese state does not recognize the rights of refugees thus rendering their experience of refuge as unstable; he added that processes of reform are dependent on political considerations in Lebanon.

5 Regarding the budget, he claimed that a significant portion of the money is being wasted while the beneficiaries are barely receiving benefits. Panelist Responses Pollock explained that a small microfinance program is currently running in Lebanon. A comprehensive program has not been set-up since the results of the market analysis study revealed a market saturation which hinders the program s operational sufficiency. Lebanon also lacks lawenforcement mechanisms which would ensure that the loans are repaid. Also, due to the current legislation, Palestinians are prevented from working in a number of the professions that are necessary to make the program work, thus the number of non-palestinians enrolled in the program would greatly outnumber the number of Palestinians. Khader explained that while UNWRA is not fully satisfied with the services it delivers it has the right to highlight its successes since they are evidence based and serve as a powerful tool for fundraising. Menon explained that efforts to unify the curriculum are already in process. Further, drop-outs are being monitored but the reasons have not yet been studied; this will be ensured through the shift to evidence-based programs. He also confirmed that midterm and final evaluations of the strategy will be conducted. Hanafi concluded the session by stressing the importance of the legal context in service delivery. UNRWA should therefore intensify its advocacy efforts in Lebanon. PROTECTION: FROM CONCEPT TO PRACTICE This panel was chaired by Lance Bartholomeusz, UNRWA s Chief of International Law Division at the Department of Legal Affairs. Operationalizing Protection in UNRWA Mark Brailsford, UNRWA s Senior Protection Coordinator, defined protection as, what UNRWA does to safeguard and advance the rights of Palestine refugees. UNRWA s protection framework has 4 components, two of which are internal and two that are external. The first is protection through programming; this is done by ensuring protection needs are addressed in all aspects of programming, project design, policies, protocols and procedures, as well as staff training. The second is protection in and through service delivery; this is ensured by delivering services in a manner that promotes and respects the rights of beneficiaries and ensures their safety and dignity in addition to that of UNRWA personnel. The third component is external and has to do with international protection of refugees ensured through promoting respect for their rights by the government/occupier/power holder. In other words, UNRWA, in collaboration with NGOs and other UN agencies, must monitor and report breaches to refugee rights; it can intervene when needed according to certain advocacy protocols. The final component is related to finding a just and durable solution by directing the international community s attention towards finding a solution which safeguards the rights and interests of the refugees. Brailsford mentioned the challenges facing UNRWA s protection work, which included budget constraints and the need to: 1) ensure community participation in conducting needs assessments, 2) train the program s staff on protection principles, 3) build further partnerships, and 4) further raise the awareness of the international human rights system about the refugee issue. Brailsford concluded by saying that overall protection is ensured through ending the occupation and

6 through finding a just and durable solution to the plight of the Palestinians. UNRWA will continue to advocate at the highest levels for that solution, and in the meantime it will continue to serve the human development of Palestine refugees. Incorporating Protection into Humanitarian Action: Approaches and Limits Elizabeth Ferris, a Senior Fellow at the Brookings Institute, Washington, DC, and Chareen Stark, a Research Assistant at the institute, presented a joint paper on the approaches and limits of incorporating protection into humanitarian action. Ferris traced the history and development of the notion of protection in international law, culminating with the UN mandate to protect civilians. Yet, as Ferris pointed out, this expansion of protection has been developed to the point where it has become so broad that it is in danger of losing its focus. The definition of protection varies from actor to actor,, and the number of actors working on protection has mushroomed; thus defining protection in practice remains elusive. She added that protection involves a tension with the basic humanitarian principle of neutrality since often protection of human rights involves interference. Stark then explained that protection can be done by increasing the community s ability to respond to threats and/or by decreasing the threats themselves. She added that humanitarian actors are better suited to address the first. The different protection strategies in use are protection through presence, assistance, supporting communities to protect themselves, advocacy, and/or through legal assistance. Stark highlighted some successes in UNRWA s protection work that can serve as lessons to other organizations. These included its unparalleled staffing of refugees, its direct service provision which initiates good relations with the communities, its adaptability and commitment to service provision especially in times of conflict and scarce financial resources, and its expanding beneficiaries eligibility criteria. Operationalizing Child Protection in MENA: Challenges and Opportunities Laurent Chapuis, Child Protection Specialist at UNICEF Regional Office for the Middle East and North Africa, presented the challenges and opportunities of operationalizing child protection in the Middle East and North Africa. Chapuis started by defining the approach to Child Protection (CP) as preventing and responding to violence, exploitation and abuse in order to ensure children s rights to survival, development and well-being. It aims to create a protective environment, where girls and boys are free from violence, exploitation, and unnecessary separation from family; and where laws, services, behaviours and practices minimize children s vulnerability, address known risk factors, and strengthen children s own resilience. UNICEF advocates a 3-pillar strategy: 1) strengthening knowledge about CP issues, 2) strengthening CP systems (programs, legislation, etc.), and 3) addressing relevant social norms. UNRWA has a responsibility and ability to mainstream child protection in its operations. Education, health, relief and social services can prevent, monitor and address child protection concerns provided that these issues are prioritised, and that personnel is equipped and supported. On social norms, UNRWA has shown willingness to tackle harmful behaviour through community mobilization and the establishment of referral mechanisms. Finally, and under its advocacy principle, UNRWA is well positioned to contribute to the development and the implementation of legal and policy frameworks applying to Palestinian children in line with international legislation. Discussion The discussant Susan Akram, Clinical Professor of Law at Boston University, discussed the issue of protection by first questioning the relevance of international and regional norms to the Palestinian refugee problem. There is no consistent framework to deal with the refugee issue since most Arab

7 states are not signatories to the 1951 Convention Relating to the Status of Refugees. Akram also mentioned the lack of a unified definition of a refugee differs among UNCCP, UNRWA and the Refugee Convention; this ambiguity could be deployed to support the claim that Palestinians are not refugees. Further, when the issue of protection is discussed, it is unclear which refugees are included, and which party is responsible for providing protection; she gave the example of non-id Palestinians who fall outside of all of these definitions and protection mandates. Ali Mustafa, Director General of the General Administration for Palestine Arab Refugees in Syria (GAPAR), asked Chapuis about the party responsible for safeguarding cultural protection, especially that Palestinian culture is in threat of eradication. Samira Salah, a member of the PNC, emphasized the importance of urging the UN to pressure Israel to abide by all these principles as it is the main abuser of the Palestinians rights. Ibrahim Hewitt, from InterPal, a UK based NGO working with Palestinians, commented that the issue of neutrality should be insignificant in light of such atrocities and inquired if there s a case that could be made for putting neutrality on the shelf in the light of such a reality. Dawn Chatty from Oxford University compared the issue of neutrality with that of objectivity, explaining that the latter does not entail a passive attitude but is rather about being objective in reporting facts. The Palestinian case, she added, is not a situation of normalcy; therefore, the three pillars suggested by Chapuis might not be applicable in the context of a protracted conflict. Raed Ataya, from Nabeh Association, highlighted that host countries must ensure that the refugee communities are coherent and self-sustained so they are able to return. Ataya recalled the fact that the Lebanese state denies Palestinian refugees their basic rights, clarifying that the recent amendments to the labor law have not improved the situation. Further, the protection offered by Lebanese law does not coverthe camps as they are seen as outside of the state s responsibility. He finally asked UNRWA about its efforts in advocating for refugees civil rights as this is a major part of protection. Panelist Responses Chapuis explained that all children s rights are equally important and should be protected in the same manner; social and cultural specificities should not hinder this. Brailsford said that neutrality depends on the aim of the action; if it is humanitarian action, then neutrality should not be breached. He added that UNRWA has been advocating for granting the refugees in Lebanon their civil rights and the recent labor law is one example. Akram concluded that there is conflict between UNRWA being a humanitarian protection agency and UNRWA being a legally mandated protection agency. The first is soft protection which entails permissive action and thus little tension with states. The second is hard protection and entails mandatory action to challenge states that are violating the rights of refugees. UNRWA, unlike the United Nations High Commissioner for Refugees (UNHCR), does not have the mandate to resort to the International Court of Justice and to pressure states into abiding by the Convention of Refugees. The fact that the salary of the Senior Protection Coordinator is taken out of UNRWA s core budget, stated Bartholomeusz, is an indicator of UNRWA s commitment to protection.

8 GOVERNANCE: THE CAMPS AND UNRWA This panel was chaired by Anies Al Hroub, Assistant Professor at the Department of Education at AUB. The Politics of UNRWA Camp Construction Kjersti Berg, a PhD candidate at the Department of Archeology, History, Cultural Studies and Religion at the University of Bergen, presented an overview of the characteristics and policies of the Agency s camp and shelter program between 1950 and 1967, and its relationship to camp governance. UNRWA s shelter program was part of its relief work; it replaced tents with shelters, built extensions to existing camps, built shelters inside and outside existing camps, and gave assistance to refugees in order to build shelters. However, in 1960, and by the time all tents were replaced with shelters, it was found that many of the shelters had become run-down, overcrowded, or had deteriorated. Together with budget constraints, lack of available land, and a lack of planning, the low standards of the shelters supplied would inevitably deteriorate and contribute to slum-development. Refugee involvement in the building was integral, but the random construction led to unhealthy mushrooming. Policies were revised in 1962 to avoid the degeneration of the camps into slums. This new policy saw housing as a means of self-support; the agency supported out-of-camp rural and urban schemes with a focus on rehabilitation (with the exception of Gaza and relief housing). The construction was executed by the refugees themselves, and the standards were raised to allow semipermanency of shelters. UNRWA s engagement in camp construction entailed expectations of governance and services; hence the agency opted to build outside of the camp to avoid involvement in governance issues. Different tools were used to prevent unauthorized construction and slum development (surveys, lay out plans, and committees for inspection). The inspection committees performed a quasi-governmental function and would sometimes need to utilize coercive measures to pressure the population into abiding by the plan. However, the over crowdedness of the camp, coupled with slum development and the Agency s limited ability to govern, led to a loss of control in terms of enforcing the regulations. UNRWA and Governance Practices in Lebanon Sari Hanafi, Associate Professor at the Department of Social and Behavioral Sciences at AUB presented a paper on UNRWA and governance practices in Lebanon. Hanafi explained that one cannot strictly separate UNRWA s role as a service provider and the Popular Committees role as governing bodies. Despite its efforts to avoid it, UNRWA is playing a de facto governance role assigned to it by the refugees. This phantom sovereignty is a result of the refugees misunderstanding of UNRWA s role, which leads to a relationship of mistrust and suspicion. Hanafi gave the example of UNRWA s Camps Service Officers who are known by the refugees as camp directors. The confusion is symptomatic of the confusion over the agency s role in general. UNRWA is seen not only as a service provider but also as a coordinator of the everyday lives of refugees. Today, there is a complex web of actors operating in the camps; a matter which undermines the presence of one sovereign and leads to the creation of multiple partial sovereignties. A third party is needed to mediate between conflicting Popular Committees in elections, Hanafi said. To this end, UNRWA should converse with UNHCR because the latter has a long history of dealing with the camps, especially with issues of elections and community participation. Yet promising signs do exist. These include the extraordinary participatory approach UNRWA adapted in the reconstruction of Nahr el Bared refugee camp, the strengthening of mediation structures, and the promotion of sectoral networking. Finally, Palestinians acknowledge UNRWA s scarce resources but are still suspicious of the manner in which it runs its services. The Agency must

9 create a forum which engages refugees in the decision making process in order to put an end to the relationship of mistrust and suspicion. Governance in Jordan Camps Ahmad al Rawashdeh, Chief of the Studies Section at the Department of Palestinian Affairs in Jordan (DPA), explained that refugees in Jordan are considered Jordanian nationals and are entitled to all relevant rights and privileges. The refugees from Gaza are the only exception as their status is intermediary (between that of a national and that of a foreigner). They are thus entitled to all but political rights. Rawashdeh added that Jordan is the biggest host country for Palestinian refugees with a total of 13 camps, 10 of which are recognized by UNRWA. The DPA is the body supervising the camps; it coordinates with UNRWA and runs several development projects most important of which are shelter rehabilitation programs. The DPA set up Committees of Camp Service which coordinate and run camp matters. The DPA was also successful in coordinating with international agencies with the aim of delivering quality programs which respond to the refugees needs. Further, it was keen on empowering local communities with a special focus on women empowerment; this is to enable the refugees to take part in decision making. Further, Jordan signed a treaty with UNRWA facilitating its service delivery mandate. Rawashdeh concluded that Jordan is keen on the agency s continuity and is concerned about its financial crisis in light of the increasing need for its services. Discussion The discussant, Jalal Al Husseini from the Institut Francais du Proche Orient (IFPO)-Amman commended the complementary historical, sociological, and institutional perspectives presented by the speakers. He grouped the points raised into three sets of issues. The first has to do with the rationale behind the creation and preservation of refugees. The humanitarian rationale entails promoting integration of refugees, while host countries point out the political aspect of the refugee problem as the embodiment of the predicament of the Palestinian people. There is an illusion that the precarious state of the camps must be maintained in order to preserve the Right of Return. Al Husseini explained that this view has changed slightly, and rehabilitation schemes were used at several instances as a means to support the refugees survival in the camps. The difference between rehabilitation and nationalization has become evident but some fears still exist. These fears have prevented the healthy extension of the camps (which is a needed complementary measure to rehabilitation). The second set of issues has to do with the question of who governs the camps, and how the sharing of responsibilities is operated. These models differ among host countries with varying levels of responsibility held by each of UNRWA and the state; a matter which affects the refugees status and their relationship with the state. When it comes to camp rehabilitation and construction, both UNRWA and the host state thought it was the other party s role. Since UNRWA has no mandate to impose adherence to urban planning regulations, camp landscape organization was anarchic as refugees expanded first horizontally then vertically. Further, UNRWA has relatively disengaged from camp affairs in so far as to insist it doesn t run them. This shift which started in the 70s with the onset of the financial crisis was thought to be essential for shifting donors attention away from the hopelessness of the camps towards UNRWA s achievements in education and vocational training. The third set of issues had to do with the emphasis on community participation. UNRWA and host authorities have embarked on ambitious reforms such as gender mainstreaming and community involvement in order to limit the donor-recipient relationship with refugees and opt for a participatory relationship. Mohamed Abu Baker noted that Hanafi s interpretation of governance was specifically interesting. He commented on his understanding of UNRWA s temporary role by saying that no one wants it to be

10 permanent as it is linked to finding a solution to the refugee problem. He also inquired about which elections Hanafi was referring to when he discussed third party mediation. Roger Heacock from Birzeit University inquired about the synthesis between the legitimacy of the state, the bureaucracy of UNRWA, and Al Husseini s political economy interpretation. Philipp Misselwitz from the University of Stuttgart said he was impressed with the archival work done by Berg, but was concerned that the presentation displayed the refugees as disobeying orders and creating chaos. He added that this is not completely true as there is a need to distinguish between the 1948 and the 1967 camps; in 1948 order was not established at the onset as UNRWA did not yet have that power. Amr Saadeddine pointed out the oppressive structures that are limiting refugees in all host countries; one example is that researchers and journalists are required to get a permit to do research in the camps of Jordan. Ali Huwaidi from Thabet organization mentioned that the camps in Lebanon are facing one of the most severe governance problems as the committees have not been consulted about their preferred mode of governance. He added that the Palestinian refugee population in Lebanon is keen on preserving the camps but not in such deteriorating conditions; he referred to a study done by Thabet which reveals that Palestinians are highly dissatisfied with UNRWA operations but still want it to continue. Mahmoud Al Ali from Aidoun said that UNRWA has been pragmatic in dealing with governance issues; it has done so by dealing with all matters administratively and avoiding all that needs coercion. Wajeeh Azayzeh clarified that Jordan did not replace UNWRA at any point; it has closely coordinated efforts with the Agency to ensure respect for both roles. As for the issue of permits for journalists, he stated that it was for their protection and to guarantee that the information collected in the camps is not misinterpreted or misused. Ali Mustafa stated that camp improvement in Syria does not undermine the Right of Return; further, refugees in Syria are not oppressed as this applies only to outlaws. Panelist Responses In response to the comments about the definition of governance, Hanafi stated that it is an acknowledged term within the fields of social science that deals with the civil, non-political administrative aspect. He also clarified that he was not criticizing UNRWA for its temporary role but rather pointing out the discrepancy in understanding this role. He added that calling the Camp Service Officers Camp Directors entails an expectation of governance that is beyond their role. There is a need for a camp director, but if the Service Officers were to occupy such a role, UNRWA should first clarify it. As for the elections referred to in the discussion about third party mediation, they were local camp-level elections. Hanafi agreed with Saadeddine, saying that oppression is much worse than it was in 2005 as the security apparatus in Lebanon is acting as an independent institution, separating itself from elected institutions. Furthermore, popular committees are facing de-legitimization both from above and below as they are neither elected by the people nor recognized by the state. Here is where UNRWA s mediation role is needed.

11 Berg clarified that the presentation s aim was not to display the refugees as breaching order; rather, she was referring to the evolution of the camps as UNRWA came to realize that the deterioration of shelters was due to the poor quality set by the Agency itself. Al Husseini said that there is a gap in urban planning as it is not governed by the state nor by UNRWA; thus leading to the ad-hoc expansion of the camps. CIVIC PARTICIPATION AND COMMUNITY ENGAGEMENT This session was chaired by Nasser Yassin, Visiting Assistant Professor at the Center for Research on Population and Health at AUB. UNRWA, Palestinian Refugees and Community Participation Terry Rempel, PhD Candidate in Politics at the University of Exeter, gave a presentation about the evolution of UNRWA's approach to refugee participation over the past 60 years through a discussion of the Agency's programs and its relationship with the refugees it serves. Rempel identified a range of participatory approaches: participation in economic reintegration; participation in the management and delivery of Agency services; participation in project planning, implementation, monitoring, and evaluation; and stakeholder participation. He illustrated how the evolution in UNRWA's approach to participation represents a significant shift in the Agency's relationship with the Palestine refugees. While UNRWA traditionally viewed participation as a means of program implementation, the new approach acknowledges participation as a human right with the primary objective of empowering refugees to realize their rights and improve social equity within the framework of the Agency's mandate, values, and other UN principles. The speaker concluded that the fundamental challenge for stakeholder participation will be to find ways to facilitate the participation of refugees in the search for and realization of durable solutions to their long-standing plight. Community Participation and Human Rights Advocacy: Questions Arising from the Right to Work Campaign for Lebanon s Palestinian Refugees Sergio Bianchi, PhD candidate at the Graduate Institute of Geneva, presented a paper about community participation and human rights advocacy with special reference to the case of the Campaign for the Right to Work for the Palestinian refugees in Lebanon. He explained that a wide array of advocacy activities have been undertaken in the last 5 years by two overlapping sets of actors: the Committee for the Employment of the Palestinian Refugees in Lebanon (CEP) and the Palestinian- Lebanese Coalition for the Right to Work of Palestinian Refugees in Lebanon. Bianchi then presented a brief history of the CEP leading to its shift of emphasis from technical expertise to advocacy on legal matters. He then turned to the role of civil society in advocating the right to work for Palestinian refugees explaining that these were individual and dispersed efforts, most active of which was Najdeh Association - a Lebanese NGO working with Palestinian refugees in Lebanon. Further, in May 2010, an initiative was undertaken by local NGOs and individual activists to organize a civil rights march calling for the right to work. It was a historical first in terms of mass mobilization of the Palestinian community in a central march thus directly engaging local communities in advocacy efforts. However, the march did not achieve the notion of a single mobilized community as another similar demonstration was organized in the same location by the Palestinian political coalition opposed to the PLO (Tahaluf) after its disengagement from the above organizing committee. Bianchi concluded that when the advocacy process began to include forms of popular support through community participation, it added mass support as a necessary component for gaining legitimacy. Advocacy thus got stuck in a competition over popular support as a means of legitimizing the different actors. Therefore the mobilization of

12 communities into collective actions was hijacked by the internal political dynamics of the Palestinian community in Lebanon. Implementing the Neirab Rehabilitation Project: The Political Implications of Sustainable Development Nell Gabiem, Post-Doctoral Fellow at the Center for the Study of Race, Politics and Culture at the University of Chicago, gave a presentation about the political implications of sustainable development with reference to the case of the Neirab camp rehabilitation project in Syria. Gabiem first presented an analysis of the implementation and outcomes of the Neirab Rehabilitation Project (NRP), an UNRWAsponsored development project in the Palestinian refugee camps of Ein el Tal and Neirab in northern Syria. The NRP has become a pilot for URNWA s attempt to incorporate sustainable development into its operations in Palestinian refugee camps. NRP has achieved some measure of success as far as infrastructural enhancement and improved access to services. On the other hand the project s social development component, targeting the long-term socio-economic wellbeing of refugees by setting in place structures through which refugees would be able to actively participate in reaching these long-term goals, has evoked resistance on behalf of the refugees. The refugees had a prevailing understanding of UNWRA and the donor governments aim at substituting their return with sustainable development. While most understood the necessity of the humanitarian aspect of the project, they were skeptical about its political goals. In contrast, some refugees welcomed the project as an attempt to empower them in their struggle for their right to return; they added that deteriorating conditions do not define them as refugees. In order to remedy the obstacles it faces in this area, UNRWA will have to come up with ways to better communicate with refugees, and to adequately involve them in its decision-making process. It has to understand the centrality of the issue of return to the refugees consciousness and recognize the political implications of the notions of sustainable development and self-reliance. It thus needs to rearticulate its vision for development and market self reliance in positive terms: a process of enhancing lives and not a substitute for assistance. UNRWA will have to do more to overcome the trust barrier that separates it from the refugees it assists. Discussion The discussant Dawn Chatty, University Reader in Anthropology and Forced Migration, and the Deputy Director of the Refugee Center for Studies at the University of Oxford, reflected on the internal coherence of the three papers. She drew three basic complex, and often contested terms which need to be deconstructed to be best understood and used. These are participation, sustainability and development. Participation is particularly complex because it requires equality and a true sharing of power. Most participation models we witness are passive, superficial and top-down leading to unfulfilled expectations and lack of trust. In this vein, Rempel presented the trajectory of Palestinian refugees participation which has seen a reduction, but not leveling, of the power deferential. Bianchi reflected on the manner in which Palestinian and Lebanese political realities complicated and possibly hindered the process of grass-root engagement. Gabiam documented the refugees suspicion and lack of trust of UNRWA s projects by shedding light on the projects political implications on the right of return. Chatty concluded that UNRWA has come a long way in ensuring community participation and empowerment, and still has a long way to go. Sami Mshaashaa, UNRWA s Arabic Spokesperson, said that the Agency is a secondary partner to the refugees and not vice versa since it is merely a part of their life and not the basis of their life.

13 Mr. Awadallah, an UNRWA employee, raised a question about the manner in which the refugees representatives are appointed/selected. Ibrahim Hewitt noted that UNRWA could have crossed the thin line from doing the right thing to doing things right; he asked whether the speakers agreed that humanitarian action is effective only if accompanied by political action. Ali Huwaidi from Thabet Organization noted that Gabiam s contribution is very important, and the Lebanese government has something to learn from the relationship between nationalization/tawteen and improving lives. He added that Rempel raised an important issue regarding the lack of representation of refugees; he thought this should be addressed through elections. A question was raised by a member of the audience about the possibility of UNRWA playing the role of an organizer in elections for a representative council. Raja Deeb from Aidoun inquired about the UNRWA s mechanisms to ensure participation as these are not included in the 5-year Midterm Strategy. Sari Hanafi added to Chatty s point of community participation through power sharing by saying that it also entails sharing responsibility. As for Bianchi s conclusion, Hanafi noted that it revealed the tensions within civil society - a relative new-comer onto the negotiation scene - which has introduced grass-root participation in advocacy, and to the political factions. A representative from the PLO asked Gabiam which approach, whether political or humanitarian, should have the upper hand. As for community participation, he noted that camps were historically governed by a democratic process; the experience of camps in Lebanon being an exception which should not be taken as the rule. Samir El-Khoury, chairperson of the CEP, noted that Bianchi did not discuss the limitations of the recent amendments to the labor law. These amendments partially lifted the reciprocity requirements, but did not assure that work permits will actually be issued; the number of permits to be issued in the near future will put these amendments to the test. Fateh Azzam, the Regional Representative of the Office of the High Commissioner for Human Rights (OHCHR), added to Chatty s set of definitions the term rights as entitlements which necessitate an obligation of a certain party to provide them; participation is one such right. As for the right of return, we must identify the party responsible for fulfilling it in order to best gear advocacy efforts. Ali Mustafa noted that the government was the initiator of the camp improvement projects in Syria. In addition, a letter was sent from UNRWA to the Syrian Ministry of Foreign Affairs stating that the NRP does not compromise the right of return, clarifying that the houses built through the project are the property of the Syrian government which will be returned upon the refugees return to Palestine. Panelist Responses In response to the questions and comments, Bianchi stated that the problem with representation is the lack of individual access to decision making instances. There is an implicit doubt about the collective body of actors representing the Palestinians in the camps; this body should serve as a mediator between refugees and decision makers on matters of needs and demands.

14 Gabiam noted that UNWRA is not the sole party conducting development projects, as a lot is being done by the government, the people, and different political factions; however her presentation shed light on participation, specifically focusing on UNRWA s experience. Gabiam added that academia realizes that humanitarian and political actions cannot be divided; UNRWA should be aware that it cannot elude the political implications of its work. One must keep in mind that UNWRA was created to assist refugees and not to find a solution to their problem. This does not preclude the recognition that a certain degree of political engagement is necessary to achieve its goals. Rempel commented that various groups have been formed to represent the refugees, but the process which renders them representative is unclear; the mechanism of representation should be specified in the context of a durable solution. Chatty concluded by comparing the status of participation 62 years ago to now, where win-win situations are being sought. Chatty reaffirmed that participation cannot be imposed and has to emerge from local communities. CAMP IMPROVEMENT/RECONSTRUCTION AND COMMUNITY DEVELOPMENT This session was chaired by Mona Fawaz, Assistant Professor at the Department of Architecture and Design at AUB. Overview of UNRWA s Camp Improvement/ Reconstruction and Community Development Mona Budeiri, Head of the Housing and Camp Improvement Unit at UNRWA, and Fatima Al-Namari Project Manager at the Unit, gave an overview of UNRWA s camp improvement program, with reference to examples from Jordan and the West Bank. Budeiri presented a brief history of the establishment and evolution of refugee camps. Several factors affected the camps evolution, some of which were the extent of urbanization, the location of the camp, the social organization within the camp, and the varying levels of the politicization of the camp population which sometimes led to its full or partial destruction. Budeiri then noted the success of transforming the camps from underdeveloped rural houses to urbanized buildings; she added that the refugees themselves were the main actors in the process as they turned their experience in the camps into a dual and paradoxical reality of temporariness and permanency. She noted that the program has evolved as UNRWA s experience in the field matured. The main lessons drawn from the Jennin camp experience, in which UNWRA was faced with an organized community, was that external projects cannot be imposed as the refugees have to be at the heart of the decision making process. The Nahr el Bared (NBC) experience capitalized on the path drawn by the Jennin experience where policies were already in place; this allowed for the formation of the first solid partnership in the process of reconstruction. UNRWA learned that reshaping the physical configuration affects the refugees life, thus local partnership, in addition to a proper understanding of the specific context in each camp must be reached before embarking on reconstruction/improvement projects. Further, the Geneva Conference confirmed that camp improvement does not undermine the right of return; this understanding was behind the shift from consultations to real partnerships. Fatima Al-Namari discussed the challenges of community participation in the case of Talbiyeh Camp Improvement Project. She explained that the project adopted a highly participatory approach where all segments of society were key decision makers in the different phases of the project (prioritizing needs, setting an action plan, and deciding on budget allocations). Namari then pointed to some challenges facing the community participation process. The first was about the sustainability of the