has stepped-up the repression and dispossession of Palestinians who are citizens of the
Israeli state and those residing in the occupied West Bank and Gaza. Israeli house
demolitions, settlement expansion, theft of water and denial of access to resources
for Palestinian livelihood including to their own agricultural lands, has increased
exponentially in the last few years, not only in the West Bank, but also in East Jerusalem,
particularly since the construction of Israel’s Wall inside Palestinian areas.5
Israel’s euphemistically-named Operation Cast Lead and Operation Protective
Edge, under the pretense of defending against Hamas rockets, have taken thousands
of Palestinian civilian lives and maimed thousands more, with Palestinian children
comprising the highest proportion of casualties.6 Mention is rarely made in the
Western press about the seven-plus year complete siege of Gaza that has created an
ongoing humanitarian emergency as vital food, infrastructure and other materials
necessary for basic survival needs are denied the 1.7 million Palestinians trapped
in the Gaza strip.7 BADIL’s phrase, the Ongoing Nakba, encapsulates the current
realities for Palestinian refugees throughout the region and the endless cycle of
forced displacement of the Palestinian people going into a seventh decade.8
Law is at the heart of the Palestinian refugee condition: from the 1923 Treaty
of Lausanne that placed Palestine under British Mandate and League of Nations
supervision, to the UNGA Partition Resolution recommending the division of historic
Palestine into a ‘Jewish’ and an ‘Arab’ state, to the original framework that set
Palestinian refugees apart from other refugees during the drafting of the 1951 Refugee
Convention and its companion agencies and instruments. Today, the legacy of those
legal decisions at the international level resonates in every individual decision about
the status of a Palestinian seeking refugee or asylum status anywhere in the world.
5
6
7
xiv
8
UN Office of the High Commissioner for Human Rights, “Special Rapporteur on Adequate
Housing as a Component of the Right to an Adequate Standard of Living, and on the Right to NonDiscrimination in This Context, Ms. Raquel Rolnik,” 2012, http://www.ohchr.org/EN/NewsEvents/
Pages/DisplayNews.aspx?NewsID=11815; BADIL Resource Center for Palestinian Residency
and Refugee Rights, BADIL’s Written Report in Response to Israel’s Fourth Periodic Report to the
UN Human Rights Committee, September 2014, (CCPR/C/ISR/4), http://tbinternet.ohchr.org/
Treaties/CCPR/Shared%20Documents/ISR/INT_CCPR_CSS_ISR_18329_E.pdf; The Civic Coalition
for Palestinian Rights in Jerusalem (CCPRJ), The Coalition for Jerusalem (CFJ), and The Society of
St. Yves, Catholic Center for Human Rights (St. Yves), “De-Palestinization” and Forcible Transfer of
Palestinians: A Situation of Systematic Breaches of State Obligations under the ICCPR, 2014, http://
tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/ISR/INT_CCPR_CSS_ISR_18169_E.pdf.
On Operation Cast Lead and estimated number of casualties, see Amnesty International, Operation
Cast Lead: 22 Days of Death and Destruction, January 2009, http://www.amnesty.org/en/library/
asset/MDE15/015/2009/en/8f299083-9a74-4853-860f-0563725e633a/mde150152009en.pdf;
OCHA - Occupied Palestinian Territories, Gaza Emergency Situation Report (as of 4 September
2014, 0800 Hrs), September 4, 2014, http://www.ochaopt.org/documents/ocha_opt_
sitrep_04_09_2014.pdf.
For a recent summary of the effects of the blockade and recommendations, see Oxfam
International, Cease Failure: Rethinking Seven Years of Failed Policies in Gaza, August 27, 2014,
http://www.oxfam.org/sites/www.oxfam.org/files/file_attachments/bp-cease-failure-gaza-failingpolicies-270814-en.pdf.
BADIL Resource Center for Palestinian Residency and Refugee Rights, Survey of Palestinian Refugees
and Internally Displaced Persons, 2010-2012, vol. VII (Bethlehem, Palestine, 2012), xxi–xxvi.
Handbook on Protection of Palestinian Refugees
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