Jordan: Rights and obligations of Palestinians living in Jordan without Jordanian citizenship, not including Palestinian refugees fleeing Syria since 2011, including employment, mobility and access to social services (2013-May 2014)

1. Palestinians Living in Jordan Without Jordanian Citizenship

In 5 May 2014 correspondence with the Research Directorate, a representative of the United Nations Relief and Works Agency (UNRWA) for Palestine Refugees in the Near East, the UN agency that provides "relief, human development and protection services to Palestine refugees and persons displaced by the 1967 hostilities in its fields of operation: Jordan, Lebanon, the Syrian Arab Republic, West Bank and the Gaza Strip" (UN n.d.a), provided information to the Research Directorate. The UNRWA representative, based in Jerusalem, stated that UNRWA is "not an authoritative source" of information, but provided information to the Research Directorate "based on information known to the Agency" (UN 5 May 2014).

Sources indicate that a national identity number connotes citizenship in Jordan (BADIL 2010; Human Rights Watch Feb. 2010, 22). The UNRWA representative similarly stated that "Jordanian citizenship entitles the holder to a Jordanian passport (valid for five years) and a national number" (UN 5 May 2014).

The UNRWA representative stated that

[t]he pre-conditions for Palestinians to reside in Jordan is dependent both on the particular individual's date of entry to Jordan (eg. 1948, 1967, post-January 2013) and the most recent place of residence from which the Palestine refugee has fled (e.g. the legal status is different if a Palestine refugee fled from Gaza in 1967, or from the West Bank in 1967). (ibid.)

1.1 Palestinians who Fled from Gaza to Jordan in 1967

Several sources indicate that Palestinian refugees who fled Gaza to Jordan in 1967 do not have Jordanian citizenship (ibid.; MRG n.d.; BADIL 2010).

Sources indicate that Palestinian refugees that fled Gaza in 1967 live in the Jerash refugee camp, which is also known as "Gaza" camp, and Hittin [in Marka (Director 1 May 2014)] (Olwan 10 Oct. 2011; Director 1 May 2014), "both of which are serviced by UNRWA" (ibid.).

1.2 Palestinians who Fled Lebanese Conflicts (1982, 2006) and Subsequent Hostilities

According to the UNRWA representative, "Palestine refugees not previously residing in the West Bank who have fled to Jordan since 1967, as a result of subsequent hostilities (for example, hostilities in Lebanon), are not entitled to Jordanian citizenship (unless already held)" (UN 5 May 2014). Human Rights Watch indicates that "before 1998, or right after 1991," approximately "250,000 Palestinians with Jordanian travel documents arrived in Jordan ..., the great majority of whom had full Jordanian passports conveying nationality, while others had temporary Jordanian passports not conveying nationality" (Feb. 2010, 10, 36).

1.3 Palestinians who Migrated to Jordan from the West Bank After 1967

Minority Rights Group International (MRG) indicates that Palestinians "who remained in the West Bank after 1967 and only later came to Jordan, are denied citizenship" (n.d.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.4 Jordan's Disengagement from the West Bank on 31 July 1988

According to the UNRWA representative,

[i]n 1983, colour-coded Allenby/King Hussein Bridge crossing cards were introduced by the Jordanian government for those Palestinians who wanted to cross to and from the West Bank and Jordan via Allenby/King Hussein Bridge Crossing Point:

Yellow cards were issued for those Palestinians who were residents in Jordan but visited the West Bank; and

Green cards were issued for those Palestinians who were residents in the West Bank but visited Jordan.

On 31 July 1988, King Hussein announced Jordan's disengagement from the West Bank, whereby all legal and administrative ties between Jordan and the West Bank were terminated. (UN 5 May 2014)

Anis Kassim, a practicing lawyer who specializes in international law, stated in an interview with the BADIL Resource Center for Palestinian Residency and Refugee Rights [a West Bank and Geneva-based non-profit organization seeking to advance the rights of Palestinians (BADIL n.d.)] that

[w]hen the disengagement was declared, the color of the cards (yellow and green), that had been used as a statistical device, became the criteria for determining the citizenship status of a citizen. The government issued instructions to the effect that those who habitually lived in the West Bank, that is green card holders, on 31 July 1988 were "Palestinian citizens," while those who were living in Jordan or abroad were Jordanian. Put another way, over one-and-a-half million Palestinians went to bed on 31 July 1988 as Jordanian citizens, and woke up on 1 August 1988 as stateless persons. (BADL 2010)

The UNRWA representative indicated that

[s]ince disengagement, Jordan has continued to issue Jordanian passports to West Bank Palestinians, however these are 'temporary' passports without a national number (valid for five years); these Palestinians no longer have the right of permanent residency in Jordan, but may visit for 30 days at a time, unless they have a permit. Many face problems having the temporary passports renewed. They do not have a national number, and therefore, are not considered Jordanian citizens. (UN 5 May 2014)

1.5 Palestinians From the West Bank who Migrated to Jordan After 31 July 1988

In a report entitled Listening to Palestinian Refugees/Displaced Persons in Jordan, which includes information from focus group interviews conducted in 2006 and 2007 with Palestinian refugees and displaced persons in Amman, Jordan in 2006, the Al Quds Center for Political Studies, an Amman-based independent research institute (KAS n.d.), indicates that, just like ex-Gazans, "West Bankers who have sought residence in the East Bank since July 1988" are not citizens; they are "'foreigners,' but with various complex legal statuses and entitlements" (Jan. 2014, 6).

According to Human Rights Watch, "[t]he question of whether those living outside Jordan and the West Bank on July 31, 1988, and who have returned since to Jordan retain Jordanian nationality remains ambiguous in practice" (Feb. 2010, 18).

1.6 Palestinians Whose Citizenship was Revoked

Several sources report that Jordanian authorities have arbitrarily revoked the citizenship of some Palestinians living in Jordan (BADIL 2010; UN 5 May 2014; Human Rights Watch Feb. 2010, 1). In a February 2010 report entitled Stateless Again, Human Rights Watch states that citizenship withdrawal has occurred since 1988, but "especially over the past few years" and "[s]o far, Jordan has withdrawn its nationality from thousands of its citizens of Palestinian origin - over 2,700 between 2004 and 2008 alone" (ibid., 1). Kassim stated in his interview with BADIL that revocations of citizenship include "many Palestinian citizens of Jordan who have taken jobs in PA [Palestinian Authority] institutions" and "Palestinians who had their West Bank residency permits revoked by the Israelis under the pretext that these people should have kept these residency permits, and that the Palestinians should go and get the Israelis to reissue them their West Bank residency permits" (BADIL 2010). In a report entitled, Illegal Residents in Jordan: Stateless Persons, Illegal Migrants and Refugees, Oroub El-Abed, a Senior Teaching Fellow at the School of Oriental and African Studies at the University of London whose research includes Palestinian refugees in the Middle East, reports on Palestinians whose citizenship was revoked and their "yellow cards were replaced with green ones" (El-Abed 2012, 3).

According to Human Rights Watch some of the children of Palestinians whose citizenship was revoked also lost their citizenship, "regardless of whether they are minors or adults and whether they have ever lived in the West Bank, and despite the fact that they had acquired Jordanian nationality by birth" (Feb. 2010, 26). Human Rights Watch adds that "often" the citizenship of the grandchildren is also revoked (ibid., 47). Kassim indicates that "[i]n some cases, one person or group within the family has their citizenship revoked, while others in the same family remain citizens" (BADIL 2010).

2. Rights and Obligations of Palestinians Without Citizenship in Jordan

The UNRWA representative stated that Palestinians living in Jordan without Jordanian citizenship hold temporary, two-year Jordanian passports that do not contain a national identity number (UN 5 May 2014). The UNRWA representative added that "[t]hese passports serve only as travel documents, an identification document and a residency permit, which translates into several legal restrictions that limit their rights and contribute to their vulnerable living conditions" (ibid.). The Al Quds Center for Political Studies similarly indicates that the temporary passports, which in the mid-1980s became valid for two years, "enable movement of Gazans outside Jordan and ensure their legal residence in Jordan" (Jan. 2014, 24). According to the Director of the University of Oxford's Refugee Studies Centre, a centre in Oxford University's Department of International Development that aims to "build knowledge and understanding of forced migration" (University of Oxford n.d.), "ex-Gazans must renew their passports every two years" (Director 1 May 2014). MRG indicates that the government issues temporary passports to ex-Gazans and Palestinians who went to Jordan from the West Bank after 1967 unless they already have travel documents from the Palestinian Authority (n.d.). Human Rights Watch states that passports are more expensive for Palestinians without citizenship than for Jordanians (Feb. 2010, 47). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

El-Abed reports that some ex-Gazans had their travel documents withdrawn from them, including some who

joined in the 1990s military groups outside Jordan and upon return their TDs [Travel Documents] were withdrawn. Others reported that their TDs were withdrawn because they did not accept to cooperate with the state security to report on some cases or some people. These people live without any identification document that prevents them from any legal action, whether marriage or child registry or work or receiving payment through a bank. (2012, 5)

In its February 2010 report about the withdrawal of citizenship from some Palestinians in Jordan, Human Rights Watch indicated that "[t]o live in Jordan, Palestinian non-nationals require a residency permit subject to approval by the General Intelligence Department (GID)" (3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that there is no refugee law in Jordan (UN 16 July 2008; BADIL 2010). Kassim states that, without refugee law, "once the citizenship is revoked, the Palestinian refugee is left with no political, civil or economic rights" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the Director of the University of Oxford's Refugee Studies Centre, ex-Gazans do not have the right to vote (1 May 2014).

2.1 Social Services

The UNRWA representative stated that Palestinians who fled from Gaza to Jordan and are living in Jordan without citizenship are "excluded" from or "have limited access to" a number of services, "including the Jordanian National Aid Fund (poverty support)" (UN 5 May 2014). The US Department of State's Country Reports on Human Rights Practices for 2013 reports on the exclusion of ex-Gazans from "public assistance" (US 27 Feb. 2014, 19).

According to the UNRWA representative

... registration as a Palestine refugee with UNRWA is independent of when the refugee entered Jordan. Key, rather, is whether s/he meets the eligibility requirements as set out in UNRWA's Consolidated Eligibility and Registration Instructions (CERI) i.e. "persons 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. Palestine Refugees, and descendants of Palestine refugee males, including legally adopted children, are eligible to register for UNRWA services." (UN 5 May 2014)

The Al Quds Center for Political Studies indicates that, in a November 2006 focus group interview, an UNRWA local staff employee indicted that refugees "have been asked to pay more and more for existing [UNRWA] services and for activities that the agency does not deliver anymore such as the provision of textbooks and stationary in schools" (Jan. 2014, 63).

2.1.1 Health Care Services

Sources indicate that Palestinians without citizenship are excluded from public health care services (US 27 Feb. 2014, 19; Human Rights Watch Feb. 2010, 48; BADIL 2010). UNRWA states that Palestinians without citizenship in Jordan "face restrictions on their access to health care, leaving them extremely vulnerable" (UN n.d.).

Human Rights Watch indicates that "some say that healthcare costs are higher [for Palestinian non-citizens] than for Jordanians" (Feb. 2010, 3). Human Rights Watch adds that Palestinians without citizenship have to pay for "essential infant vaccinations" (Feb. 2010, 49). The Al Quds Center for Political Studies indicates that many Palestinian refugees and displaced people "cannot afford to access alternative government-run or private medical services" (Jan. 2014, 9).

According to UNRWA, UNRWA clinics in Jordan serve "nearly 56 per cent of the registered Palestine refugees in the country" (UN n.d.b); "Palestine refugees" are defined by UNRWA as "persons 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" (ibid. n.d.c). The undated UNRWA website indicates that it maintains "24 health care facilities" (ibid. n.d.b). The Al Quds Center for Political Studies reports on "substandard" UNRWA health care facilities and cuts in services, which have impacted the health of Palestinians accessing their services (Jan. 2014, 9). The Al Quds Center for Political Studies also indicates that UNRWA does not run hospitals, "and increasingly PRDs [Palestinian refugees and displaced people] report difficulties in arranging and paying for transfers to government or private hospitals" (Jan. 2014, 9).

2.1.2 Education

Sources indicate that Palestinian non-citizens cannot attend public schools (Human Rights Watch Feb. 2010, 50; Olwan 2011, 5).

According to the Director of the University of Oxford's Refugee Studies Centre, ex-Gazans "must ...compete for a limited number of spaces available to Arab students for post-secondary education. Their fees must be paid in foreign currency (Director 1 May 2014). Human Rights Watch indicates that "university education may be out of reach due to vastly higher costs for non-nationals" (Feb. 2010, 3). Human Rights Watch adds that the fees are doubled for non-citizens (Feb. 2014, 51). The UNRWA representative stated that Palestinians without citizenship in Jordan are excluded from or have limited access to university scholarships (UN 5 May 2014). El-Abed indicates that Palestinians without citizenship cannot "compete" for places in higher education (2012, 4).

Human Rights Watch reports on cases of Palestinian non-citizens needing "a security clearance from the General Intelligence Department" to attend private schools (Feb. 2010, 51). Human Rights Watch also indicates that "[l]ike some private schools, universities apparently also require GID clearance for stateless Palestinians" (Feb. 2010, 52). The Director of the University of Oxford's Refugee Studies Centre similarly indicated that Palestinian non-citizens "must have a clean security record" to attend post-secondary educational institutions (1 May 2014).

The Al Quds Center for Political Studies indicates that UNRWA classrooms are "overcrowded and schools run multiple shifts" (Jan. 2014, 8).

2.2 Rights to Employment

Several sources indicate that Palestinians without Jordanian citizenship are not allowed to be employed by the state (Director 1 May 2014; Human Rights Watch Feb. 2010, 52). The UNRWA representative indicated that Palestinians without citizenship are "excluded from the majority of positions in the public sector" (UN 5 May 2014). The Al Quds Center for Political Studies indicates that "[i]n the public sector [Palestinian non-citizens] are confined to menial jobs" (Jan. 2014, 56).

Several sources indicate that ex-Gazans require approval from state security officials in order to obtain employment (Director 1 May 2014, Al Quds Center for Political Studies Jan. 2014, 56). The Al Quds Center for Political Studies states that ex-Gazans "cannot obtain work without [a] security clearance" (ibid.). Human Rights Watch indicates that Palestinians without citizenship "have greater difficulty [in] the private job market, as many employers will require proof of [Jordanian] nationality to hire those of Palestinian origin, or clearance by the GID" (Feb. 2010, 3). Human Rights Watch adds that, according to a Palestinian whose citizenship was revoked, "the GID does not give work approval to those who don't have [a national] number" (ibid., 52). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Human Rights Watch indicates that "Palestinians cannot practice one of the organized professions such as law, as membership in the corresponding professional association is mandatory but restricted to Jordanian nationals" (Feb. 2010, 3). The UNRWA representative similarly indicated that Palestinians without citizenship are excluded or have limited access to professions such as law and dentistry (UN 5 May 2014). Human Rights Watch indicates that, according to a Palestinian whose citizenship was revoked, Palestinians without citizenship cannot obtain jobs as engineers (Feb. 2010, 53). Corroboration could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Al Quds Center for Political Studies indicated that Palestinian refugees and displaced people, "particularly non-citizens - now have little choice but to accept semi-skilled or labouring positions. Some report that authorities increasingly restrict even small-scale informal entrepreneurial activities" (Jan. 2014, 8). The Al Quds Center for Political Studies adds that

[i]n refugee camps the government permits the opening of any small business without the need for state permission as long as the business is using the house's services (of water and electricity) and is located within the borders of the camps. Gazans often made use of this provision to create their own small income generating projects. (Jan. 2014, 56)

The UNRWA representative stated that "[t]he limited validity of [Palestinian non-citizens'] passports ... makes travel abroad for employment difficult" (UN 5 May 2014). The Al Quds Center for Political Studies indicates that the movement of ex-Gazans is "impeded by a number of barriers: visas, recognition of their travel documents, and passport renewal" (Jan. 2014, 29). Human Rights Watch indicates that a "GID certificate of good conduct is required for obtaining a visa to several Gulf countries, and the GID only provides them for Jordanian nationals" (Human Rights Watch Feb. 2010, 53). Human Rights Watch reports that some Palestinians whose citizenship was revoked are reluctant to travel because they do not want to renew and replace their old passports, which include national numbers, with temporary passports in attempt to keep their loss of nationality a secret (ibid., 47).

According to the Al Quds Center for Political Studies, "Gazans claim they are often exploited by private sector employers. They report they are paid less, forced to work longer and excluded from company medical insurance schemes" (Jan. 2014, 56). Human Rights Watch reports that, according to a Palestinian whose citizenship was revoked, he does not have access to social security benefits (Feb. 2010, 54). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.3 Property Rights

Kassim indicates that non-citizen Palestinians cannot purchase land (BADIL 2010). El-Abed similarly indicates that ex-Gazans cannot own houses or shops (2012, 4). Human Rights Watch indicates that Palestinians without citizenship cannot acquire property (Human Rights Watch Feb. 2010, 54). Human Rights Watch also indicates that Palestinians without citizenship cannot "register a car or business, or liquidate their investments" (ibid.).

The Al Quds Center for Political Studies states that

Under article 7 of law Number 47/2006 (relating to the rent and selling of unmovable properties to foreigners) any non-Jordanian is prohibited from renting property in the kingdom for more than three years without having obtained a permit from the Jordanian cabinet. The cassation court decision concerning buying and selling of unmovable properties No 1930/1996 dated 30th March 1997 and article 8 of law No 47/2006 require Palestinian holders of two-year passports from the Gaza Strip - who are as we have seen non-Jordanians - to obtain a permit from the Ministry of Finance which is dependent on approval from the Ministry of Interior. Gazans in the focus group sessions complained that other foreign migrants in Jordan can obtain permits much more easily...

To bypass the difficulty of purchasing property Gazans used to be able to register property using the name and the ID details of a Jordanian national with whom a non-revocable power of attorney agreement was concluded. In mid 2006, however, a regulation was enacted preventing Jordanians giving such powers of attorney to non-Jordanians. This law has affected the Gazans since they do not hold national ID numbers and are foreigners. Thus they can no longer hold property in the name of a Jordanian partner.

If they are fortunate enough to have good social networks and are able to afford to use wasta (influence, connections) Gazans are, nevertheless, in some cases able to own more than one property and to own their own businesses. (Jan. 2014, 30)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Kassim states that the "Gaza refugee Camp" in Jerash

is generally known as the worst of the refugee camps in Jordan in terms of living conditions. To build a tiny house in the camp, they need to get several permits from several government departments. While they receive some modest support from UNRWA, any support that comes from the rest of the society has to be approved by Jordanian security authorities (BADIL 2010).

The Al Quds Center for Political Studies indicates that "[p]roperty laws impose great restraints on self-employment," providing the examples of restrictions on vehicle ownership (Jan. 2010, 56).

2.4 Banking and Driver's Licenses

Sources indicate that ex-Gazans cannot open bank accounts (El-Abed 2012, 4; BADIL 2010).

Kassim indicates that ex-Gazans cannot obtain driver's licenses (ibid.). El-Abed reports that ex-Gazans cannot obtain driver's licenses for public transportation (2012, 4). However, Human Rights Watch indicates that Palestinians without citizenship in Jordan have to pay higher fees for driver's licenses, and receive licenses with a shorter validity period (Feb. 2010, 3). Human Rights Watch also says that, according to Palestinians without citizenship in Jordan, they needed GID permission to obtain driver's licenses (Feb. 2010, 47). The UNRWA representative indicated that there are restrictions on public transport driving licenses for Palestinian non-citizens (UN 5 May 2014).

3. Obligations of Palestinians Without Jordanian Citizenship

Information on obligations of Palestinians without Jordanian citizenship could not be found among the sources consulted by the Research Directorate could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Al Quds Center for Political Studies. January 2014. Listening to Palestinian Refugees/Displaced Persons in Jordan: Perceptions of their Political and Socio-Economic Status. Sent by a senior teaching fellow at the School of Oriental and African Studies, University of London to the Research Directorate.

BADIL Resource Center for Palestinian Residency and Refugee Rights. 2010. Hazem Jamjoum interviewing Anis Kassim. "Palestinian Refugees in Jordan and the Revocation of Citizenship." Al-Majdal Quarterly Magazine. Winter 2010. [Accessed 30 Apr. 2014]

_____. N.d. "About Badil." [Accessed 30 Apr. 2014]

Director, Centre for Refugee Studies, University of Oxford. 1 May 2014. Correspondence with the Research Directorate.

El-Abed, Oroub. 2012. Illegal Residents in Jordan: Stateless Persons, Illegal Migrants and Refugees. Sent by a senior teaching fellow at the School of Oriental and African Studies, University of London to the Research Directorate.

Human Rights Watch. February 2010. Stateless Again: Palestinian-Origin Jordanians Deprived of their Nationality. [Accessed 30 Apr. 2014]

Konrad-Adenaueur-Stiftung (KAS). N.d. "Partners." [Accessed 6 May 2014]

Minority Rights Group International (MRG). N.d. "Palestinians." World Directory of Minorities and Indigenous Peoples. [Accessed 30 Apr. 2014]

Olwan, Mohamed Y. Migration Trends and Patterns in Jordan: The Human Rights Context. [Accessed 1 May 2014]

United Nations (UN). 5 May 2014. United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Correspondence from a representative in Jerusalem with the Research Directorate.

_____. 16 July 2008. Integrated Regional Information Network (IRIN). "Jordan: Government Stops Issuing Residency Permits to Iraqis." [Accessed 6 May 2014]

_____. N.d.a. United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). "Frequently Asked Questions." [Accessed 6 May 2014]

_____. N.d.b. United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). "Health in Jordan." [Accessed 30 Apr. 2014]

_____. N.d.c. United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). "Palestine Refugees." [Accessed 7 May 2014]

United States (US). 27 February 2014. "Jordan." Country Reports on Human Rights Practices for 2013. [Accessed 30 Apr. 2014]

University of Oxford. N.d. Refugee Studies Centre (RSC). "Welcome." [Accessed 6 May 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: BADIL Resource Centre for Palestinian Residency and Refugee Rights; Clinical Professor of Law, Boston University; Director, SHAML Palestinian Diaspora and Refugee Center; human rights attorney and Adjunct Assistant Professor, Centre for Contemporary Arab Studies, Georgetown University; human rights lawyer in Amman, Jordan; Jordan - Ministry of Social Development; Member, Centre for Palestine Studies, School of Oriental and African Studies, University of London; researcher, Institut Francais du Proche-Orient; Professor of Anthropology, Western University; Professor of International Relations and Middle East Studies, University of Southern California; Senior Teaching Fellow, School of Oriental and African Studies, University of London; United Nations - UNRWA Education Development Centre, UNRWA Jordan Public Information Office. A professor of political science at McGill University was unable to provide information for this Response.

Internet sites, including: Amnesty International; ecoi.net; Factiva; Jordan - embassies in Ottawa and Washington, Ministry of Health, Ministry of Labour; Near East Foundation; United Nations - Human Rights Council, Refworld.