HJ: What legal status was afforded Palestinians who came under Jordanian control after the 1948 Nakba?
AK: On 19 May 1948, the Jordanian army entered the area of central Palestine that the Zionist forces were unable to occupy, and began the process of legally incorporating central Palestine into the Jordanian Kingdom. As part of this process, on 20 December 1949, the Jordanian Council of Ministries amended the 1928 Citizenship Law such that all Palestinians who took refugee in Jordan or who remained in the western areas controlled by Jordan at the time of the law’s entry into force, became full Jordanian citizens for all legal purposes. The law did not discriminate between Palestinian refugees displaced from the areas that Israel occupied in 1948 and those of the area that the Jordanian authorities renamed the “West Bank” in 1950. On one hand, this citizenship was forced upon the Palestinians who did not really have much of a say in the matter. On the other, this was a welcome move because it saved those Palestinians the hardship of living without citizenship.
HJ: How was the process for the revocation of citizenship complex?
AK: First of all, I should note that the law itself has not been officially amended, so what I am about to describe is still what is officially in effect today. First of all, the Jordanian Constitution, adopted in 1952, states that citizenship is a matter to be regulated by a law, and the Jordanian Citizenship Law was indeed adopted in 1954 replacing that of 1928 and its amendment. According to this law, with regards to the revocation of citizenship a Jordanian citizen who is in the civil service of a foreign authority or government is to be notified by the Jordanian government to leave that service. If the citizen does not comply, the Council of Ministries is the body with the authority that is able to decide to revoke his citizenship. Even if the Council does decide to revoke the citizenship, this decision must then be ratified by the King, and even then, the citizen whose citizenship was revoked has the right to challenge the Council of Ministries’ decision in the Jordanian High Court, and it is this court’s decision that is binding and final. These procedures are being completely ignored when the citizenship of a Jordanian of Palestinian origin is revoked.
HJ: Did the status of Palestinians in Jordan change after the 1967 War with the Israeli occupation of the West Bank?
AK: No. their status remained as Jordanian citizens..
HJ: When did the differentiation between Palestinian citizens of Jordan begin?
AK: Today we can speak of five kinds of Palestinian citizens of Jordan. The first differentiation came in the early 1980s when the Jordanian government was concerned that Israeli policies and practices aimed to squeeze out the Palestinian inhabitants of the occupied West Bank; to empty out the Palestinian territories to replace them with Jewish settlers. The Jordanian government then created the first real differentiation between its Palestinian citizens by issuing differentiated cards.
Those who lived habitually in the West Bank were issued green cards, while those who habitually lived in Jordan but had material and/or family connections in the West Bank were issued yellow cards. The sole purpose of these cards at the time was so that the Jordanian authorities at the King Hussein (Allenby) Bridge—the only crossing point between Jordan and the occupied West Bank—could monitor the movement of these card holders, enabling the Jordanian authorities to know how many Palestinian West Bankers had crossed into Jordan, and to ensure that they returned, essentially a kind of statistical device. Indeed, this was a wise policy in terms of countering the Zionist plans to continue the ethnic cleansing of Palestine.
The major turning point came with the Jordanian disengagement (fak al-irtibat) from the West Bank on 31 July 1988.
HJ: What was the disengagement?
AK: Since 1948 when the central Palestine came under Jordanian control, the Jordanian government has claimed the West Bank as part of the kingdom. By 1988, the Palestine Liberation Organization (PLO) had come to be recognized on an Arab and, to some extent, international level as the sole legitimate representative of the Palestinian people, but the Israelis and Americans were still refusing to recognize the PLO, let alone to officially communicate with it. Jordan’s King Hussein shrewdly took the decision to disengage from the West Bank as a message to the United States and Israel that if they were going to negotiate with anyone over the fate of Palestinians in the West Bank, it should be with the PLO. In the famous speech he delivered on 31 July 1988 in which he declared the disengagement—and we have to remember that this was during the most intense period of the first Intifada—he stated that the purpose of the disengagement was to support the Palestinians’ struggle for self determination by relinquishing his claim to that territory.
HJ: How was the disengagement a “turning point” for Palestinians’ status as Jordanian citizens?
AK: When 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.
HJ: You previously mentioned that we can speak of five kinds of Palestinian citizens of Jordan. What are the different kinds of status among Palestinians citizen of Jordan currently?
AK: The first category we can call hyphenated Palestinian-Jordanians. These are Palestinians who were in Jordan on the date of the disengagement with no material connection to the West Bank or Gaza Strip, or who were Jordanian citizenship holders abroad. These are regarded as Jordanians for all legal purposes.
The Palestinians in the second category are the green card holders whose citizenship was revoked by the government orders that I described earlier.
The Palestinians in the third category are the yellow card holders, who kept their citizenship after the disengagement, but many of whom have more recently faced the revocation of their Jordanian citizenship rights.
The fourth category is that of blue card holders. These are 1967 Palestinians refugees from the occupied Gaza Strip who are in Jordan and who were never given citizenship rights. They are in a very miserable position because, since they are not Jordanian, they cannot enjoy any of the benefits of citizenship in this country: they cannot access public schools or health services, they cannot get driving licenses, they cannot open bank accounts, or purchase land. They are mostly concentrated in the refugee camps in the Jerash area, specifically the one called “Gaza Refugee Camp” which 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.
The fifth, and newest, of the categories is that of Jerusalem residents. These have always been a special case: the Israelis consider them permanent residents of Israel without any citizenship rights, while for Jordan they are citizens whose status was not affected by the disengagement. The problem now is
المزيد
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