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Thread: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

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    "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    This was sent to me by a friend, and I am passing it on. I do not know the author Michael Curtis.

    I would be interested in hearing from the more scholarly among you if what he claims about the Geneva Convention on Refugees is an accurate quote, and if UNRWA really is devoted solely to Palestinian "refugees" and all their descendents until the end of time - which pretty much goes contrary to the Geneva Convention definition of what a "refugee" is....



    http://www.americanthinker.com/2011/..._solution.html


    The Palestinian Refugee Issue: Origins and Solution
    By Michael Curtis, distinguished professor emeritus of political science at Rutgers University.

    Whether or not a Palestinian state is unilaterally declared in the future, crucial differences between Israel and any Palestinian authority remain. The most controversial of these is the refugee question, which has political and legal as well as humanitarian dimensions, not to mention touches on collective guilt feelings. The controversy over Palestinian refugees is the longest, most deliberately protracted, and most discussed of refugee problems in the world. After sixty years, it remains unresolved.

    World War II ended with some 40 million refugees in Europe. Central Europe was a site of "displaced persons" (DPs) -- those forced to flee their homeland, prisoners of war, individuals who had been deported or had been in forced labor camps, and Jews who had survived the Holocaust. In 1947, about nine hundred camps of DPs were administered by the Allied occupation forces, by the United Nations Relief and Rehabilitation (UNRRA), and then by the international organization for refugees (UNHCR), originally set up in December 1950 for three years, to protect and assist refugees.

    These refugees were settled in various countries. Germany and Poland exchanged millions. Similar relocations, involving 14 million, took place between the countries of India and Pakistan in 1947; less than two percent of these returned to their original home or recovered their property. Solutions were found for others who were dislocated: Hungarians in 1956; Czechs in 1968; Cubans from the 1960s; Algerians and French pieds-noirs after the French-Algerian war; the million and a half "boat people" persecuted by Vietnamese communists; those fleeing the Balkan war, 1991-95; the three million fleeing the Rwanda genocide in 1994; the Afghans escaping from the Soviet invasion of their country in 1979.

    However, as a result of the Cold War and recent wars, over 15 million are now refugees, and another 27 million are internally displaced all over the world. Over half are in Asia, and about a quarter are in Africa. But the international community still focuses more on Palestinians than it has on others who were displaced.

    Wherefore are Palestinian refugees different from all other refugees, and why have they drawn so much attention and comment compared with others? First is the problem of definition. In the Geneva Convention Relating to the Status of Refugees of July 1951 (Article 1A[2]), a refugee is one who, for various reasons, "is outside the country of his nationality and is unable to avail himself of the protection of that country ... or is unwilling to return to it." In 2011, 147 states are parties to the Convention. But this definition does not apply to Palestinian refugees. Article I(D) states that the Convention "shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance."

    The United Nations set up the UNHCR to deal with refugees throughout the world, but it also established a special unit, the United Nations Relief and Works Agency (UNRWA), on December 8, 1949, whose mandate was to provide relief and assistance only to Palestinian refugees in what is now the West Bank and Gaza Strip, Jordan, Lebanon, and Syria. Its mandate did not define a "refugee," but in practice, UNRWA uses a broad definition: those who resided in Palestine between June 1946 and May 1948, those who lost home and property because of the 1948 war, and the descendants of such persons.

    Over 70 percent of those regarded by UNRWA as Palestinian refugees reside in the areas in which UNRWA operates. With a local staff of over 23,000, most of whom are Palestinians, working in its camps, UNWRA is clearly political in its support for the Arab cause. The essential question is why those camps still exist. The Arab states have not contributed any significant amount to the operation of UNRWA. (Most of the funding comes from the United States and the member-states of the European Union.) They have done little to solve the refugee problem.

    Who is to be considered a refugee? Logically, only first-generation refugees -- those resulting from the 1948 and 1967 wars -- should be so considered. Palestinians insist on a more extensive definition, including spouses, children, and grandchildren of refugees, even though Israel is not the state of origin of the vast majority of these refugees.

    Differences arise over the numbers of those displaced in 1948 -- either several hundred thousand, as Israel suggests, or a million in the Palestinian formula -- and in 1967, either 100,000 (Israeli view) or 300,000 (Palestinian). There is thus legitimate skepticism over the meaningfulness of the figures of 4.25 million Palestinian refugees given by UNRWA. These include 1.7 million in Jordan, 1 million in Gaza, 0.6 million in the West Bank, 0.4 million in Syria, and 0.4 million in Lebanon.

    The crucial issue centers on the Palestinian demand for the right of return for those who claim they would be returning to their homes that they left sixty years ago. The demographic figures consequent on any large-scale entry of Palestinians into Israel show clearly that such an event would be a threat to the nature of the Jewish state. The right of return is argued on the basis of U.N. General Assembly Resolution 194 (III) of December 11, 1948, but this Resolution does not state there is an unconditional right for Palestinians to enter Israel. Ironically, it was the Arab states -- Egypt, Iraq, Lebanon, Saudi Arabia, Syria, Yemen -- which voted against 194. Moreover, any such claim for return does not rest on any accepted principle of international law.

    The Palestinian demand for the right of return is a political maneuver rather than a genuine humanitarian concern. This interpretation is substantiated by the reluctance of Arab states to aid their fellow Arabs in any meaningful way. Most significant has been their general refusal to grant citizenship to refugees except in two instances. Lebanon did grant citizenship to some Christian Palestinians, and Jordan granted citizenship to Palestinians living in the area of the West Bank after it unilaterally annexed the area in 1950.

    At best, the Arab states have paid scant attention to the League of Arab States Casablanca Protocol of September 1965 that agreed on the right of Palestinian refugees to work, to have freedom of movement, and full residency rights. These rights have often not been observed, and indeed to some extent have been revoked. The conclusion is justified that the Arab states have wanted to maintain the separate status of Palestinians to use as a weapon, a political football, against Israel.

    An issue that will never be conclusively resolved to the satisfaction of all parties is responsibility for the existence of the Palestinian refugee problem in the first place. Yet the answer is at the heart of the moral issue concerning the refugees. Their displacement largely stems from the consequences of the war started by Arab leaders who refused to accept the U.N. General Assembly Resolution 181 (II) of November 29, 1947, which called for the creation of two states, one Jewish, the other Arab. Instead, these leaders attacked the newly created state of Israel and lost the consequent war.

    The historical evidence is that, while Israeli forces committed some blunders in the heat of war, Palestinians fled from their homes in 1948-9 mostly on orders from their own military and civilian leaders and as a result of fear and panic, hoping to return when the Arabs had won the war. The Palestinian narrative, viewing the establishment of Israel and the 1948-9 war as the Nakba or catastrophe, lacks veracity in arguing that Israeli military or officials deliberately planned to expel the Palestinian population. The instructions by the Arab Higher Committee and Arab community leaders in ordering Palestinians to leave Haifa, Tiberias, Jaffa, and Jerusalem, and other places, are thoroughly recorded.

    What is to be done? According to the Oslo Accords, the refugee issue would be resolved through the final status negotiations. Palestinians have options: resettlement in a country other than Israel, the West Bank, or Gaza; integration into the country in which they are living; or voluntary repatriation. A logical conclusion is for the Arab states to absorb and grant citizenship to a considerable number of the refugees in their midst, but in view of the past and present discord in the Arab world, this solution is hardly likely to be implemented. Palestinians were expelled from Kuwait in 1991 and from Libya in 1995. Israel might take a small number of those prepared to live in peace. The most likely outcome would be payment of reparations for lost property and damages. Yet fairness suggests that such a solution should be paralleled by similar payments for those Jews forced to leave the Arab countries after 1948, an episode that has received less attention than the fate of the Palestinians.
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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Yes, that is correct.

    A refugee, according to the Refugee Convention, is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Ordinary refugees are dealt with by UNHCR. UNRWA deals solely with Palestinians, and has adopted a special definition of refugee for Palestinians.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Quote Originally Posted by curlyg
    Yes, that is correct.
    A refugee, according to the Refugee Convention, is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Ordinary refugees are dealt with by UNHCR. UNRWA deals solely with Palestinians, and has adopted a special definition of refugee for Palestinians.
    Well, the Palestinian refuge problem is unique in the sense that a new people had established a new nation in their homeland. When the UN High Commission on Refugees was established, one of its provisions called for the exclusion of refugees who receive protection under the UN agency. So, this was interpreted as excluding the Palestinian refugees since they were receiving aid from UNRWA. Even though UNRWA's name clearly say that they are a humanitarian organization and its mandate excludes providing protection. This being said, the Palestinian refugees were excluded from UN and international programs to provide protection, resettlement, and other political guarantees that the UNHCR is able to offer.

    Resolution 302 (IV) set up UNRWA, and their definition says that the Palestine refugee is any person whose "normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict." The thing is, most the refugees still reside within refugee camps either in Lebanon, Syria, Jordan West Bank, or Gaza Strip (The areas where UNRWA operates). ALTHOUGH, the refugees that fall out of UNRWA's areas of operations, are put under the UNHCR Mandate.

    My question is whether the refugees that fall out of UNRWA's operations are defined by UNRWA's definition, or the Refugee Convention.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    I am not aware of any Palestinians falling under the UNHCR mandate... Are you sure about this?

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Right on the UNRWA website:

    The UN Office of the High Commissioner for Refugees (UNHCR) provides assistance and protection to Palestine refugees outside UNRWA's areas of operations.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Quote Originally Posted by Palestinian View Post
    Right on the UNRWA website:

    The UN Office of the High Commissioner for Refugees (UNHCR) provides assistance and protection to Palestine refugees outside UNRWA's areas of operations.
    But there aren't any. It's a moot point. UNRWA's brief is every heretofore Arab in the region and all of their descendants everywhere in the world unto the end of time, circumstances notwithstanding.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Quote Originally Posted by Mediocrates
    But there aren't any. It's a moot point. UNRWA's brief is every heretofore Arab in the region and all of their descendants everywhere in the world unto the end of time, circumstances notwithstanding.


    The current mandate runs till 30 June 2014. But who really knows, UNRWA's mandate has been repeatedly renewed by the General Assembly.

    But your idea of "end of time" is incorrect. Once UNRWA is no longer needed, it will be over too.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    It's like saying they also cover the Laplanders who are also Arabs. Or the moon people.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Quote Originally Posted by Mediocrates
    It's like saying they also cover the Laplanders who are also Arabs. Or the moon people.
    Its really not... They have a definition of who is a refugee, and they also have you register to make sure you comply with the definition. At the moment, somewhere around 4.5 million or more people are registered as refugees with UNRWA. They either live in Jordan, Lebanon, Syria, West Bank, or Gaza Strip. One third of them continue to live in refugee camps, and the other two thirds live in or around cities and towns, often within close distance with the refugee camps.

    Like I said, it isn't lasting forever, their current mandate runs till 30 June 2014 unless its once again renewed by the General Assembly. Otherwise, until there is a solution.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Since leaving the Forum under my previous name, I was granted a Master's in Sociology of Health, and part of my academic training was looking at the timeline, or as epidemiology calls it "the history of the disease". Briefly, there is the initial infection, then clinical signs (e.g.abnormal mammography, high blood pressure, low hemoglobin), then symptomology (e.g. feeling lump in breast, shortness of breath, feeling weak), then treatment, then hopefully cure. Easy to understand - we've all been there, just didn't see it as an epidemiologist does.

    It is my contention that the same can be recreated in politics or history (thus minimizing that word I so abhor: "narrative") by looking at a timeline of facts.

    This is copied from the UNHCR:

    http://www.unhcr.org/refworld/docid/4214cb4f2.html

    3.1.1.2 Exclusion clauses

    Persons not in need of international protection Articles 1D and 1E of the 1951 Convention define the circumstances under which persons who otherwise qualify for refugee status under the inclusion clauses are nevertheless denied such status because they do not need international protection. These provisions apply to:

    § Individuals receiving United Nations protection or assistance other than from UNHCR. At present, this applies to Palestinian refugees. Those who are inside the area of operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and are receiving protection or assistance from UNRWA are excluded from the benefits of the 1951 Convention. Palestinian refugees who are outside UNRWA’s area of operation and thus do not enjoy UNRWA’s protection or assistance would, however, be entitled to the benefits of the Convention;

    Just by reading this statement as to one of the exceptions of eligibility to UNHCR, there are several things that should be pretty clear. The first is obvious - timeline - the UNRWA was created first, and the UNHCR later. UNRWA was created in 1949, was only dedicated to Palestinian refugees, and had no limitation as to time-definition of the state of being a "refugee.

    United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is a relief and human development agency, providing education, health care, social services and emergency aid to 5 million[2] Palestine refugees living in Jordan, Lebanon and Syria, as well as in the West Bank and the Gaza Strip. It is the only agency dedicated to helping refugees from a specific region or conflict. It is separate from UNHCR,[3] the UN Refugee Agency, which is the only other UN agency aiding refugees, dedicated to aiding all refugees in the world.

    It was established following the 1948 Arab-Israeli War by the United Nations General Assembly under resolution 302(IV) of 8 December 1949. ... UNRWA has had to develop a working definition of "refugee" to allow it to provide humanitarian assistance. This maintained that beneficiaries had to have lived in the British Mandate of Palestine for at least two years before fleeing and must have lost both their home and livelihood as a result of the 1948 Arab-Israeli War, or be the descendant of someone who had.[5]

    http://www.unrwa.org/etemplate.php?id=86

    Who are Palestine refugees?

    Under UNRWA's operational definition, Palestine refugees are people whose normal place of residence was Palestine between June 1946 and May 1948, who lost both their homes and means of livelihood as a result of the 1948 Arab-Israeli conflict.

    UNRWA's services are available to all those living in its area of operations who meet this definition, who are registered with the Agency and who need assistance. The descendants of the original Palestine refugees are also eligible for registration. When the Agency started working in 1950, it was responding to the needs of about 750,000 Palestine refugees. Today, 5 million Palestine refugees are eligible for UNRWA services.


    Although it may not be quite as obvious, it seems a reasonable hypothesis that the UNHCR was promulgated in 1951, AFTER the UNRWA *with a 3-year time-limitation in the definition of a "refugee" as opposed to "the descendants of the original Palestinian refugees" being eligible* IN REACTION to the perpetuation of the who-is-a-refugee definition. The "host nations" are not encouraged to absorb the refugees, flying in the face of every other refugee situation in the world.

    Even now, with a "Palestinian Authority" dating from 1995, and billions if not trillions of dollars thrown into this entity, the "refugees" still fester in their squalid camps, having been deliberately held hostage by their brethren as human weapons in a war of political public relations.
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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    According to UNRWA rules you could be the grandson of a Arab from Gaza, a second generation British subject, Church of England and sitting in the House of Lords and still be a 'refugee'. I believe UNRWA still delineates patrimony as opposed through the mother. If you were the son of a Gaza Arab who married a Christian woman then you would not be a refugee. But as long as you maintain your Muslim status through the father, regardless of where you live - 3rd generation American citizen in Dearborn Michigan, you are and all of you descendents forever until the sun burns out, are refugees.

    Abu Mazen likes to use a number in the 8-9 million range now. That's going to make an awfully crowded Ramallah once recognition of the UDI creates this new country.

    But - UNRWA has said, somewhat vaguely they are not supportive of this state and would not move to help anyone to live there. Since this state would kill their right of return. You don't get a country and then dictate that all its citizens are supposed to live in another country. That's not the way the world works. In any case UDI is not supported by UNRWA and they will still lobby to keep all their Arabs as slaves and second class citizens among all the other Arab countries they reside in. This will put them in direct clash with the governments of Jordan and Syria (if there IS a government of Syria). Lebanon is a special case because Hezbollah needs the human shields. There won't be much pressure from Hezbollah to shed their Arabs.

    So....good luck with that.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    Quote Originally Posted by Palestinian View Post
    Well, the Palestinian refuge problem is unique in the sense that a new people had established a new nation in their homeland.
    oh really? who was their prime minister then?
    and are you saying jews/druze/bedouins never lived there prior to 1948?
    Quote Originally Posted by Palestinian View Post
    When the UN High Commission on Refugees was established, one of its provisions called for the exclusion of refugees who receive protection under the UN agency. So, this was interpreted as excluding the Palestinian refugees since they were receiving aid from UNRWA. Even though UNRWA's name clearly say that they are a humanitarian organization and its mandate excludes providing protection. This being said, the Palestinian refugees were excluded from UN and international programs to provide protection, resettlement, and other political guarantees that the UNHCR is able to offer.
    because the have the UNRWA.

    Quote Originally Posted by Palestinian View Post
    Resolution 302 (IV) set up UNRWA, and their definition says that the Palestine refugee is any person whose "normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict." The thing is, most the refugees still reside within refugee camps either in Lebanon, Syria, Jordan West Bank, or Gaza Strip (The areas where UNRWA operates). ALTHOUGH, the refugees that fall out of UNRWA's areas of operations, are put under the UNHCR Mandate.

    My question is whether the refugees that fall out of UNRWA's operations are defined by UNRWA's definition, or the Refugee Convention.
    as far as i remember the UNRWA definition include everyone that lives in all the neighboring arab nations... the only places where they are no longer considered refugees are in europe and australia and such other places.
    so i doubt there is another group that handles with other refugees

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    For anyone interested in further reading, check out this ebook:
    http://www.amazon.com/Where-Has-Flou...6111652&sr=8-1 or
    http://www.barnesandnoble.com/w/wher...david%2bbedein

    Its written by David Bedein, Director, Israel Resource News Agency & The Center for Near East Policy Research, examines the United Nations Relief and Works Agency (UNRWA) and the United Nations High Commission for Refugees (UNHCR) and their policies regarding Palestinian refugees that have lived in UNRWA camps since the war. really well researched and informative.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    H20 I just read your reply. If you were trying to refute what I had said you failed... I don't think a reply by me is necessary.

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    Re: "The Palestine Refugee Issue: Origins and Solution" by Michael Curtis

    There is no right of return, end of story. The PLO has stated unambiguously that no 'refugee' will (ever) be permitted citizenship in their state. Fine. Leave it to UNRWA to manage poorly for another 6 decades. The PLO can't dictate that their own people MUST live in any other country but the one they just fought for. Or they can. Who cares. Not the PLO's problem never been Israel's problem, so they should take up their concerns with whomever wants to take it on.

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