2020
Statelessness & Citizenship Review
2(2)
statelessness of Palestinians, while in the policy and practice of European states
there seems to be a significant diversity in approaches. 5
This contribution does not intend to answer the question of whether and in
which circumstances Palestinians may be stateless for the purposes of
international law. Rather, we intend to sketch a picture of the remarkably diverging
approaches taken by different actors within the same host state, Belgium, and of
the protection gaps that this creates.
WHO ARE THE “PALESTINIANS” ARRIVING IN BELGIUM?
Globally, there are an estimated 13 million Palestinians. 6 This term describes
people who share a common heritage and attachment to (historic) Palestine, but
who are now dispersed across different countries and territories in the Arab region
and around the world. Not all Palestinians are similarly situated in terms of their
legal status, including their citizenship. 7
Palestinians enjoy a distinct position under international law. The 1948 Arab–
Israeli conflict led to the displacement of Palestinians from territory that had been
under the British Mandate for Palestine (historic Palestine). 8 In response, the
United Nations established two agencies:
the United Nations Conciliation Commission for Palestine [‘UNCCP’], which was
mandated to advocate for the protection of Palestinian refugees, 9 and the United
Nations Relief and Works Agency for Palestine Refugees [‘UNRWA’], which was
mandated to provide assistance to ‘Palestine refugees.’ 10
The UNRWA defined ‘Palestinian refugees’ as anyone ‘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’, as well as
descendants through male lines. 11 Following the 1967 conflict, the UNRWA
5
6
7
8
9
10
11
‘Learning Exchange Webinar: Statelessness and the Treatment of Palestinians in Europe’
(Webinar, Institute on Statelessness and Inclusion and European Network on Statelessness,
25 November 2019) (‘Statelessness Webinar’). Notes on file with the author.
By the end of 2018, roughly 8.7 million (66.7 per cent) of 13.05 million Palestinians
worldwide were forcibly displaced persons. Among them are approximately 7.94 million
Palestinian refugees and 760,000 internally displaced persons: Nidal al Azza and Lubnah
Shomali (eds), ‘Survey of Palestinian Refugees and Internally Displaced Persons 2016–2018’
(Survey
No
IX,
BADIL
Resource
Centre
2018)
xiv
<http://www.badil.org/en/publication/survey-of-refugees.html>
(‘BADIL
Palestinian
Survey’).
Statelessness Webinar (n 5).
British Mandate for Palestine, 8 LNTS 1007 (signed and entered into force 24 July 1922).
Palestine — Progress Report of the United Nations Mediator, UN Doc A/RES/194(III) (11
December 1948); BADIL Palestinian Survey (n 6) 59. The United Nations Conciliation
Commission for Palestine is a dormant institution due to lack of political will to find a durable
solution in line with resolution 194(III): at 61–63.
Assistance to Palestine Refugees, UN Doc A/RES/302(IV) (8 December 1949); BADIL
Palestinian Survey (n 6) 59.
Consolidated Eligibility and Registration Instructions (Guidelines, United Nations Relief and
Works
Agency
for
Palestine
Refugees
1
January
2009)
<https://www.unrwa.org/resources/strategy-policy/consolidated-eligibility-and-registrationinstructions>. Persons not counted as part of the official registered refugee population of the
United Nations Relief and Works Agency for Palestine Refugees (‘UNRWA’) but registered
for the purposes of receiving UNRWA services include husbands and descendants of women
who are registered refugees and are (or were) married to husbands who are not registered
refugees. The husbands and descendants, including legally adopted children, of these women
are eligible to register to receive UNRWA services: at 5.
302