Palestinians and Their History of Statelessness

By Anchal Agarwal and Teresa Döring

Israel and Palestine reached a ceasefire agreement on May 20, 2021, after eleven days of violence and destruction. More than 200 people were killed in Gaza, including several children. The violence led to the displacement and migration of thousands of Palestinians, forcing them to flee their homeland and seeking refugee status in neighbouring countries. Clashes were severe and intense and the bombs specifically targeted civilian infrastructure in the Gaza region. However, violence against Palestinians and their displacement is not a new phenomenon. The displacement of Palestinians can be traced back to several decades, especially during Israel’s War of Independence in 1948 and the rejection of the partition proposal, dividing Palestine between Jews and Arabs. Before discussing the region’s history post-1948, it is imperative to understand historical events which led to the war in 1948.

“Nakba 1948–2008 DDC_5836.JPG” by Abode of Chaos is licensed under CC BY 2.0

For centuries, power and land struggles, imperialism and migration have shaped the history of this region and of Israel and Palestine. The name Palestina surfaced after the Roman Emperor Hadrian ventured to diminish Jewish nationalism and Judaism post a revolt in 135 CE. But, Palestine has not been a self-governing entity since the fall of the crusades. Even under the Ottoman Empire, Palestine was not recognised as a separate sub-division. In the late 19th century, the southern part of Palestine was organised and named El-Quds, which later became Jerusalem. The leader of this division reported to authorities in Istanbul. Simultaneously, other regions of Palestine were organised under the control of Beirut, Damascus and Hejaz provinces. The geographical boundaries of Palestine were unclear and subject to change.

Several actors, namely Britain, France, the United States, League of Nations-United Nations, Ottomans, Egypt, Jordan, Syria, Israelis and Palestinians, were involved in creating boundaries of Palestine-Israel.

Ottomans

1. The Ottomans ruled over Palestine until 1918, post which, Palestine was placed under UK’s administration
2. The Ottomans, along with Egypt (then ruled by the British) established the boundary between Palestine and Egypt, which later became the boundary between Israel and Egypt
3. Ottomans held another region west of the boundary line in the Gulf of Aqaba, which later facilitated the creation of Israel

Britain

1. Most influential occupying power over the region from 1916–1937
2. Britain and France adopted the Sykes-Picot Agreement of 1916, which created Palestine’s northern border and established a border, which would later become the boundary between Israel and Lebanon
3. Supported Zionism and the need for the creation of a Jewish homeland
4. Adopted the Balfour Declaration on November 2, 1917. Adhering to the declaration, Britain tried to establish a Jewish homeland in Palestine, which was vehemently opposed by the Arabs living in the region
5. As a promise to Arabs for helping Britain during WW1, Britain established Trans-Jordan (later known as Jordan)
6. Established boundaries between Palestine, Jordan, Lebanon and Syria. The boundaries ensured access to vital economic resources such as water and minerals for the future Jewish nation
7. In 1937, the British Royal Commission suggested the division of Palestine between Arabs and Jews, since the creation of a Jewish homeland in Palestine seemed impossible

The creation of Israel was the outcome of the Zionist ideology, which aimed at the creation of a Jewish state and British Imperialist ideology, which aimed at the settlement of Jewish people in Palestine to counter the Arabic/Muslim presence. Israel became an ally the western countries were looking for in a Muslim dominated region. The demand for the creation of a Jewish state intensified during 1937–1945, which led to the creation of the state of Israel as per the suggestions provided by the British Royal Commission in 1937 and the United Nations decision of November 29, 1947. The newly founded independent state started demanding secure and defensive boundaries, which led to the 1948 War of Independence. Israel won the war against Arabs and occupied the majority of the areas designated for the Arabs of Palestine. The remaining areas were occupied by Jordan and Egypt. However, the Partition Plan of the United Nations set out in Resolution 181 in 1947 mandated giving citizenship to all Jewish and Arab inhabitants.

The 1948 war and the subsequent wars led to the mass exodus of Palestinians, making them homeless. They have been systematically driven away from their land. There are approximately eight million Palestinians and more than half of them are stateless. Stateless Palestinians are categorised into three categories:

1. Holders of Refugee Travel Documents (RTD) issued by neighbouring Arab countries including Syria, Egypt, Lebanon and Iraq
2. Holders of Jordanian passports
3. Holders of Palestinian passports issued by the Palestinian Authority, though applicability is pending the formal creation of Palestine.

Under the British mandate (1918 to 1948), any person born or naturalised in Palestine held a British (Palestine) Passport and were regarded as “British Protected Persons”. Britain ended the mandate in 1948, endowing Israel with the responsibility of deciding entitlements for the Palestinians. Israel wanted to reduce the number of Arab Palestinians in the region and promote Judaism. Thus, Israel adopted several laws which entitled Jews of any origin, citizenship and access to Israel and diminished the rights of non-Jews. Palestinians with ancestral homes in the region were banished and were not allowed to return, whereas Jews of any nationality could automatically claim citizenship, even without ancestral or family connection. Israel annexed the West Bank and East Jerusalem in 1967 and Golan Heights in 1981 and implemented similar policies. Palestinians inhabiting these regions were either declared as non-residents or permanent residents, but not citizens of Israel. To stand in solidarity with their Arab brothers and sisters, an Arab League Protocol was signed in Casablanca in 1965. The protocol outlined two main provisions: first, providing Palestinian refugees with citizenship rights but not naturalisation and second, providing them with RTD to uphold their refugee status. Unfortunately, only Syria is abiding by the protocol, while other Arab nations have either withdrawn or are not interested anymore.

Israel adopted a civil resolution in 1974, which laid down provisions for seizing identity documents and revoking the residency rights of Arabs in Jerusalem if found missing from the city for seven years or were provided with citizenship/residency rights by another state. The underlying motive was the ethnic cleansing of Palestinians from their historical land and claiming the entire region.

Palestinian refugees are also victims of institutional discrimination, where they have had to bear the vengeance of Arab leaders under the garb of national security. Despite holding the residential status of another state, the Palestinians are not entitled to political participation and are subjected to social and economic discrimination. Article 15 of the Universal Declaration of Human Rights (UDHR) guarantees the right to nationality for everyone, however, despite international laws promoting the right to nationality, Palestinians are one of the largest stateless communities in the world, with continued persecution and displacement even today.

Takkenberg observes that “being a refugee, stateless, dispossessed, lacking the passport of a state, not even having the theoretical option of returning to one’s country — in other words, not having even the right to have rights — has been at the very heart of the Palestinian refugee problem” (Shiblak, 2006).

The demand for a Jewish homeland by Zionist movements was driven by the horror the Jewish populations had faced as minorities all around the world. They were subjected to discrimination, segregation, racism and violence. They were also a victim of genocide, committed by Nazi Germany against Jewish populations, all over the continent. They often received no support and protection from the state and continued to face the horrors. Anti-semitism remains a very serious concern, as does anti-semitic violence. In their quest for providing a safe home for the Jewish population, they compromised on the safety of their communities. Safety, liberty and human rights which come at the expense of another are unacceptable. An independent state for Jewish populations created the condition of statelessness for Palestinians and Arabs living in the region. Israel’s victory in the 1948 war and their ideology of “return to the homeland” forced Arabs out of their homes. The land which holds religious and ancestral significance for both Arabs and Jews became a land controlled and dominated by Jewish Israelis. Israel’s imperialist policies focused on the eradication of Palestinians from the region, which forced them to live life in exile as refugees.

“Indonesian Muslim Community condemn Gaza massacre” by John Englart (Takver) is licensed under CC BY-SA 2.0

Human rights cannot be a zero-sum game. And when they are treated as such — when liberty is bought on the price of oppression — the result is what we see in Palestine today. Maya Angelou said: “The truth is, no one of us can be free until everybody is free.” It is essential that Israel and its allies recognise the humanity of all Palestinians — not Jewish Palestinians, not Israeli Palestinians, but all Palestinians — recognise their human rights, their ownership of land, their right to return and right to live without oppression.

References:

Biger, G. (2008). Boundaries of Israel-Palestine Past, Present, and Future: A Critical Geographical View. Israel Studies. 2008, Vol, 13, №1

Chomsky, N., Pappé, Ilan, & Barat, Frank. (2015). On Palestine. (Penguin special).

Shiblak, A. (2006, August). Stateless Palestinians | Forced Migration Review. https://www.fmreview.org/palestine/shiblak

White, D., & Adu, A. (2021, May 13). Israel-Palestine conflict explained: How did the fighting begin? The US Sun. https://www.the-sun.com/news/2878031/israel-palestine-conflict-how-fighting-began/