Exploring the Waqf beyond the Religious, the Institutional, the Customary by Assila Al-Ahmad

Dafterdar. Ibid. Pg. 659, 2011.

Yahya. Ibid. P.g. 431, 2008.

Yahya. Ibid. P.g. 431, 2008. See Online catalog . http://www.awqaf.org.kw/

51 52

See Orient-Institut Beirut. “Nada Moumtaz / The Ohio State University: Practices of Commoning: Public utility and religious interest in the waqfs of contemporary Beirut.” divercities. Blog of DiverCities, 23 Nov. 2003. 15 Apr. 2014. <http://divercities.hypotheses.org/472>. 53

Kuran. Ibid. 2001.

Dafterdar. Ibid. 2011.

Chapter 1: Understanding the Waqf 41 | Page

Introduction

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Introduction

Modernity brought a social change in life through modern institutions of municipalities and state departments. However, instead of modernizing the Waqf institute to be in line with the contemporary needs of the society and work hand in hand with the state, many post-colonial Muslim countries nationalized Awqaf properties and even abolished many, especially the family Waqf. The logic claimed that the Waqf suited well the medieval slow-changing economy of the times of its origin, but it cannot compete with the dynamic fast-changing economy of the industrial age, therefore substituting it with a more â&#x20AC;&#x153;efficientâ&#x20AC;? institution of municipalities. However, the reality has proven this logic to be wrong, and Muslim researchers and Waqf practitioners have realized that in order for a true revivification of Waqf, the Waqf will have to revive its own atmosphere as well. This chapter will look into the reality of Waqf today, generally in the Muslim world, and more specifically and extensively in Jordan, the country that hosts the Palestinian Refugee Camp of Gaza.

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Chapter 2: Waqf reality in Jordan

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2.Waqf Reality in Jordan During the field work visit in Jordan, and whilst informing and clarifying the thesis topic and its objectives to family members, neighbors, residents of the Gaza Camp, etc., all of them, without exception, would recognize the Waqf (vaguely or vividly). They would proudly mention (a) their excerpts of knowledge about its history or a gratified example, (b) their religious and social belief in Waqf’s potentiality and (c) their curiosity and enthusiastic eagerness to witness the revival of Waqf in the modern days. As mentioned before, the Waqf and its practice and institutions is witnessing a promising revival, however, the real and recent examples of today are not so apparent and visually tangible for the ordinary people in everyday life. There are a few reasons for this; firstly, the Middle-Eastern Muslim society in general has a lethargic attitude towards Islamic practice, where Waqf was once one of these major practices. Secondly, much of today’s Awqaf are in the hands of a secular government, hence, the promises of ‘religious care of the Awqaf” by the ministry are present although the physical realization of them are absent.

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2.1 Contextualizing Jordan

Chapter 2: Waqf Reality in Jordan

2.1.1 The Islamic world The idea of Waqf did not loose its appeal where its spirit is still alive and growing among the Islamic societies of today. The reason for the urging revivification call of Waqf in the recent Islamic world is mainly because the states of many Muslim countries have failed to live up to the promises and standards of the welfare support services compared to those of the West, although the Western models of philanthropy of humanitarian support proved as well to be inadequate, highlighting the Waqf as an essential vehicle for Islamic ethos 1. There exists an active impetus towards (1) learning from the past shortcomings of the classical system of the Waqf and (2) reclaiming the Awqaf properties from centralized and authorized supervision into the decentralized community hands and creating new ones. The World Waqf Foundation (WWF), a member of the Islamic World Bank, was established in 2001 in collaboration with Waqf organizations, governmental organizations, NGOs and philanthropists from the private sector aiming to â&#x20AC;&#x153;activateâ&#x20AC;? the role of Awqaf and its contribution to plans and programmes of sustainable development. The National Awqaf Foundation of South Africa (NAFSA) and the Awqaf Fund for the Disabled and Individuals with Special Needs (AFDISN) are examples of a growing movement which includes transnational as well as local actors 2. The Awqaf Properties Investment Fund (APIF) established a trust to provide a means of Islamic investment for supporting Awqaf projects with modern financing systems for profit generation and capital. In short, the Islamic world experiences a rise of thriving initiatives on various scales, from state laws to local systems, as well as in view of diverse disciplines ranging from economic development, business corporation and administration, marketing of Waqf products to even political schemes to alleviate national poverty through Waqf development strategies such as in Bangladesh and Pakistan. There are conferences, seminars, and workshops held for revising advancements in Awqaf, training and capacity building as well as knowledge exchange and expertise learning. 2.1.2 Waqf furtherance As a result of the serious intention of Waqf reinvigoration, concrete steps have been designed and achieved to realize the ultimate goal of true and successful Waqf revivification. Such realizations are most apparent in ambitious Waqf training centers and Waqf bachelor degrees. Examples of such are:

International Institute of Islamic Waqf - Malaysia . Provides experienced consultation for making Waqf foundations at international levels . Builds expertise in the field of Waqf through professional and academic training . Helps Waqf foundations at the stage of establishment through strategic planning, management and legalistic case studies . Exchanges and documents best experiences through media and continuous communication with partners

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Offered training courses: Marketing of endowment products and projects - the mechanisms and modern method

Reputation management and corporate social responsibility and charitable endowment

Waqf Fund Administration Endowment Administration Diploma Quality Management

Professional Project Management for Waqf Institutions Risk Management for Waqf assets and funds

Waqf Administration Diploma - Degree at University of Jordan

Build national capacities in terms of developing a real understanding of the Waqf for the community and the state. Prepare qualified specialists in the science and various aspects of the Waqf. Contribute to raising collective awareness of the importance of the Waqf for individuals and communities. Take advantage of all of modern sciences to service the work of institutional Waqf. Learn from the successful experiences of Waqf institutions in different countries of the world .

2.1.3 The Hashemite Kingdom of Jordan Jordan is an Arab Kingdom situated in the Middle East having emerged from the post-World War I division of West Asia by Britain and France. Islam is the official religion and approximately 95% of the population is Muslim 5. Jordan has laws promoting religious freedom, however, the implication of constitutional secularism for religion is such that the “mosque” and the state are legally separate and Islamic law is not part of state law, with the exception of Muslim personal law such as marriage, divorce, Islamic affairs, etc. The Jordanian legal system is therefore derived from Sharia (Islamic law), an Ottoman- Egyptian form of the Napoleonic Code, as well as influences of tribal traditions 6. The Islamic revival was most evident in Jordan after the 1980s through an increased interest in incorporating Islam more fully into daily life in a variety of ways. 2.1.4 The Jordanian constitution Article (99) of the Jordanian constitution 7 classifies the major law courts of the country into three major courts: (1) civil courts, (2) religious courts and (3) special courts. 47 | Page

Chapter 2: Waqf Reality in Jordan

The International Institute for Islamic Waqf signed a cooperation agreement with the University of Jordan - center of consulting and training in 23/04/2014 to teach a specialist diploma in Waqf and the field of charity work, named “Waqf Administration.” The signing of this agreement embodied the strategic vision of enabling the working sector of Awqaf with qualified staff whom understand the nature of the endowment in terms of developing the Waqf aspects that are important to the community. The program targets all ministries’ employees and Waqf institutions at leadership, managerial and professional levels around the world. The duration of the diploma is nine months of ( 150 ) hours of training using electronic technology and e-learning and supervised by faculty members carrying Ph.D’s specialized in the field of Waqf administration and practice 3. The diploma is issued by the University of Jordan and certified by the Ministry of Higher Education and Scientific Research of Jordan . Such a program trains to 4:

Kingdom of Jordan

The religious courts are subdivided into the Shar’ia (Islamic law) courts and non-Muslim communities (Ecclesiastical) courts. In the Shar’ia courts, the Islamic law is taken into consideration along with the provision rules of the Procedural Shar’ia court laws No. (31 ) for the year (1959), and the Civil Law No. (61 ) for the year (1976) 8. These Shar’ia courts are specialized exclusively, according to their own laws, in the jurisdiction and procedures of the following: Matters pertaining personal status of Muslims of marriage , divorce, custody and alimony and inheritance and the commandments.

The Levant

Chapter 2: Waqf Reality in Jordan

Matters pertaining debts, diyya, documenting Wakalah (agency), death wills, bequeathed gifts, managing and developing orphans inherited assets etc. Matters pertaining to the Islamic Waqf and lawsuits related to the Islamic Waqf registered with the Islamic courts if founder is non-Muslim and s/he agreed to refer to.

Thereby, we see a deliberate reference in the Jordanian constitution to regulating and issuing Awqaf affairs as one of its exclusive tasks.

Western Asia - The Middle East

2.2 The Institutional, the Formal

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2.2.1 The Ministry of Awqaf and Islamic Affairs and Sanctuaries The Waqf affairs were regulated in Jordan by the Ottoman Waqf Administration issued on the 1st of December, 1863 until it was ruled out at the year of its independence and replaced by the provision of article (10) of the Islamic Awqaf law in 1946 9. The chief law of 1928 took care of the Islamic Awqaf and issued in its article (61) that “the special law should support the regulation of Islamic Awqaf and administrate its financial matters along other, and consider the interest of Waqf as one of the interests of the government” 10. The former and the latter laws issued for the Islamic Awqaf both realized that the Waqf needs an independent status and therefore, so that its assets will not be mingled with the general public assets of the government, the law necessitated a central fund explicitely founded for Awqaf assets.

As stated before, the religious courts are responsible for regulating the affairs of the Waqf as ascribed in article (63) of the Jordanian constitution of 1946, “the Shar’ia courts have the exclusive right in judging the specialized matters of creating any Waqf in the benefit of the Muslims at the Shar’ia court and in the internal administration of any Waqf” 11. The Ministry of Awqaf is given the responsibility of regulating the administration of the Waqf whilst the courts issue the contracts and deal with lawsuits related to Waqf. According to the ministry of Awqaf, there are three types of Waqf: Waqf Khayri - benevolent

Waqf Dhurri - family

Waqf Mushtarak - conjoint

The Khayri Waqf is that whose benefits are benevolent to a general or specific public.

The dhurri Waqf is that whose benefits are specified for the benefit of a person or persons and their descendants.

The mushtarak Waqf is that which is both benevolent and intended for specific persons and their descendants.

a | A judgmental personality acquired when it is found, b | An independent financial status (account) which is supervised to ensure its assets are distributed according to the stipulations of the founder

| After the Waqf has been founded, it cannot be gifted, inherited, included in a will, mortgaged withdrawn from the ownership of the founder and cannot be owned by anyone.

The founder is permitted to allocate a Mutawalli (trustee) when creating a family Waqf only, as all other Waqf - benevolent, are under the supervision and authority of the ministry. However, the ministry, as being the legal trustee of all other Awqaf, is to strictly follow the stipulations of the founder as s/he has clarified, as stated in article (1247) that “with the regard to the founder’s stipulations, the Ministry of Awqaf and Islamic Affairs and Sanctuaries handles the responsibility of the supervision of the benevolent Waqf by administrating, profiteering and distributing its usufruct to the beneficiaries specified by the founder” 12. Therefore, the ministry withholds responsibility for: The Awqaf that are registered by founders at the Department of Land and Survey The Awqaf that are founded in the name of the ministry directly

The family Waqf is administered by the appointed mutawalli, and his/her actions are supervised by the Shari’a justice laws and courts. As for the administrating apparatus of the ministry, the law has elaborated on the categories and the modality of the administrating body with departments, each for specific management tasks. This administrative duty of the ministry has been given a few judicial powers such as: a | Drawing the general plan of the Ministry of Awqaf and Islamic Affairs and Sanctuaries. b | Constructing the appropriate investment schemes to achieve the goals delineat49 | Page

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The stipulations of the founder are seen as the guiding and overruling text for understanding and indication. The Ministry deals with those Awqaf having a:

Chapter 2: Waqf Reality in Jordan

ed by this law. c | Construct an annual budget project at the beginning of each year, and submit it to the ministerial cabinet for approval. d | Establishing colleges, schools and institutes as well as orphanages, vocational training and academic centers with administrating them by the conditions of the prevailing standards. e | Substituting Waqf real estates and arranging appropriate Hukr 13, as well as approving the rents longer than 3 year periods and the building construction on Waqf land. f | Approval of setting forward certain lawsuits with choosing the proper attorney, and overseeing arbitration procedure and reconciliations in disputes. g | Contracting financial non-usury loans for certain Awqaf projects with the approval of the prime minister. h | Designating the appropriate financial institutions and banks that do not deal with usury to retain the Awqaf assets. Such administrative duties the ministry has taken into its own responsibility, as the article (3) of the list (16) ascribed in 1997, are to 14: 1 | Look after the Islamic sanctuaries, conserve them and manage their affairs, providing attention to the Islamic moments and archaeological sites, such as ancient mosques and mausoleums. 2 | Supervise the construction of mosques and their maintenance, along with administrating their affairs to reach out their message to the society. 3 | Supervise Qur’an memorization centers, administrating their affairs and establish such centers that are part of the ministry, along with conducting local and international contests for memorizing and reading Qur’an. 4 | Supervise cultural and religious centers, administrating their affairs and establish such centers that are part of the ministry. 5 | Publish the Qur’an and confirming its scrupulousness whether those that are published in the country or imported from other countries. 6 | Encourage the khayri Waqf in many philanthropic approaches, solidifying its social and religious identity and spreading the correct awareness about Waqf and its societal role. 7 | Regulate the Hajj (pilgrimage) and Umrah affairs. Clearly, the ministry has taken over all the responsibilities that originate from religious duties, somehow monopolizing such a responsibility as it being exclusively the role of the ministry to ensure mosques and all other religious centers’ functionality and social performance. The General Secretary of the Awqaf affairs has the following several directorates dividing the authoritative functions of the ministry in regard to Awqaf management:

Directorate of Awqaf assets

Directorate of Awqaf development and investments

Directorate of construction and maintenance

Directorate of tourism and Islamic monuments

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2.2.2 Financial development As mentioned earlier, the law of Awqaf has issued under the article (9) of paragraph (a) that a “central fund will be established under the supervision of the Ministry of Awqaf including all the Awqaf assets from which permitted expenditures can be paid from the provisioned budget” 15. The article (11) of the same law proclaims that such a financial duty should be performed through modern business accounting rules, and that the ministry’s financial records of the Awqaf assets and investments will be verified by a chartered accountancy body approved by the Awqaf board 16 . In additon, the law ascribes the exemption of taxes and fees from Awqaf transactions, real estates and lawsuits excluding renting tenants whom still pay the regular taxes as any other rental real estate.

Additionally, the ministry has arranged various modes of investments to accomplish development plans for the registered Awqaf. Such modes have been studied by fiqhi rules (Islamic jurisprudence) to contemporize them into modern approaches that keep pace with the times, such as the Build-Operate-Transfer BOT scheme where a certain agreement is contracted between the ministry and the dealer to construct an agreed upon project that can be built on the Waqf land, and operated for a period of time, say 25 years, and then transferred to another land, or Al muzara’a, where agricultural Waqf land is rented under conditions of certain profit percentages to be assigned to the Ministry due to the permittance of usage of the land. The various modes indeed have allowed diverse approaches of traditional investment to develop outside their usual comfort zone into more flexible ones. 2.2.3 The Department of Development of Awqaf Funds The department of development of Awqaf funds is a governmental organization that was established in 2003 as a branch of the ministry of Awqaf, aiming to be the supporting investment body of the ministry and harnessing specialized efforts in investment so that other duties of the ministry do not take the focus away of such an essential role of the development of the ministry and the Awqaf assets. The department invests in both investment projects on Waqf land as well as real estate Awqaf in accordance to the nature of each (agricultural, commercial, housing). Such an initiative hopes to open the way for the public and private sector investors and individuals from within the Kingdom and abroad to participate in the investment of Awqaf real estate and land, benefiting and yielding optimized development of the Waqf status. In addition, the department wishes to contribute significantly to support social and economic development in Jordan in areas

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In consideration of the Waqf as an important instrument of development, the national plans of development since 1972 have reserved a separate field for goals and achievement to be carried out through Awqaf to such that the Jordanian government has increased the support of the Awqaf budget, which enjoys a financial and administrative independence, to reach the amount of 13 million Jordanian Dinars by 1999 17. An excellence in economical development requires a specialized skilled business management aware of the special sensitivities of Awqaf administration, and so the law has also issued a ruling in 1997 to assign a skilled administrative body with required capacities to supervise the economical development plans, along with carrying out rehabilitation and training schemes 18.

such as the labor market, poverty alleviation and leading towards better social security standards of the Jordanian society.

Chapter 2: Waqf Reality in Jordan

The ambitious mindset of the department has already established networks with Islamic banks and contracting dealers along with development plans and feasibility studies. The directorate of Awqaf development and investments has completed the studies and necessary plans of 16 investment projects all over the kingdom that are valued 44 million Jordanian dinars 19. Such projects have even looked into religious tourism by focusing on the investment of religious monuments and highlighting their significance. One of those projects is the Ja’far bin Abi Taleb and Zaid bin Rawaha mosques in the towns of Mu’ta and Al Mazar Al janobi of the governorate of Karak. The project exhibits a diverse range of functions housing a mosque for 3,000 prayer places, a trading market, public utilities, information center to receive tourists from different countries as well as a school, a multi functional hall, a library and public squares 20. This Waqf project had strategic goals for investment at many levels. The aimed objectives were: National economy

The attraction of tourist from various countries of the world along with a new perspective on religious tourism is thought to boost the national economy of Jordan.

Social and economical infrastructure

The provision of new types of job opportunities that the surrounding local community can take advantage of and enhance their social and environmental aspects of the building environment.

Development of the Waqf and its profits

The rental of the shops of the market and the touristic entry fees will generate profit, along with the surrounding Waqf lands that can be utilized and exploited in the future.

Such projects can indeed be viewed as successful initiatives of an all-rounded perspective that deals with multi dimensions of the society’s needs, whether economical, social, religious and cultural and simultaneously develops the Waqf and promotes an appreciable image of its capabilities.

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Fig. 16

Fig. 17

Fig. 18

Fig. 19 Figures 16,17 & 18. Pictures of the moqsue of Ja’far bin Abi Talib and his tomb. Figure 19. The market at the neighborhood of Ja’far bin Abi Talib.

2.2.4 The mechanism When choosing to found a private property into a Waqf, the following steps have to be executed: Step 1: Apply for a request to establish a Waqf (khayri, dhurri, mushtarak) at a specialized judge in a Shar’ia court. There, all stipulations will have to be made clear along with handing in the proper proof of ownership of the property. Step 2: The opinion of the Mutawalli Al ‘Amm (The General Trustee) will be consulted regarding the property and its stipulations. Step 3: The approval of the judge will be sought. In case he does not agree, a new request will have to be done by the stipulating founder. Step 4: In case the request is approved, a Hujjat Ul Waqf 21 will be issued.

Approval of Shar’i judge and ministry of Awqaf

Apply a request at the Shar’ia court

Declaration issued at Department of Land

Figure 20. The major steps required to register a Waqf at the Ministry of Awqaf in Jordan.

The department of Land and Survey is part of the Ministry of Finance and records all rights of ownerships and their types of properties and real estates of the kingdom. At the department, there are three types of property:

Mulk - private Khazinah - public Waqf - endowment 2.2.5 Waqf Programmes In 2005, the Ministry instituted the “Benevolent Waqf Programme System”. These Waqf programmes are: 1 | Spending on mosques programme 2 | Healthcare programme 3 | Education programme 4 | Humanitarian aid programme 5 | General benevolence programme

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Step 5: The Hujjat Ul Waqf will be documented at the Department of Land and Survey or, in case of investment shares, at the SDC (Securities Depository Center) or at an agreed upon Islamic bank in case of cash Waqf.

Chapter 2: Waqf Reality in Jordan

Supreme Judge no. 1/6/6 Shari’a Court date: 22/5/1988 In South Amman Declaration of Waqf

Figure 21. An example of a Waqf declaration issued on the 22/9/1988 and registered by the Shari’a court of South Amman. This Waqf is founded by the sons of the deceased Muhammad Munawwar Al Hadid to build a mosque and commercial shops whose revenue will be spent on the maintenance of the mosque, (Benevolent Awqaf Programmes Sytem brochure, 2002).

These programs are subsidized by (1) income generated by specific Awqaf as stipulated by their founders, (2) cash Waqf and/or (3) other Awqaf investment projects that will transfer their income towards one of these programmes. The founder can choose which program s/he wants to support and can stipulate specific conditions as the wish by which the ministry will have to abide.

In the Shari’a council held by I, Mustafa Al Rufati, the judge of the South Amman court where the legal holders; Anwar, zaid, Mazen, Fawwaz, Majed, Majdi, and Wa’el were present as the sons of the deceased Muhammad Munawwar Al Hadid who were identified by Abdallah Al Hadid. They (the sons) stated orally that: with our own voluntary will and choice, without any force or imposition from anyone, for the sole intention of Allah’s pleasure and reward, we declare this complete land no. 335, in basin no. 4 in the Quwaysme district with a surface of 237 sqm as a Waqf, a habs, a charity. This property we fully own and is legally registered in our name in the Department of land at the Great Amman Municipality under the registry record no. 554832 on the 19/1/1988. We have declared as Waqf (Awqafna) this piece of land to build commercial shops and a mosque that shall be a house of God for prayer and other necessary services for the mosque, and that the income generated by the shops shall be spent on the maintenance of the mosque as a donation from us for the sake of Allah, a benevolent Waqf till the day God will inherit the Earth and all that is on it and he is the Best of the Inheritors. And the founders (Waqifin) have stipulated that the following committee members shall run the administrative and financial matters to complete and build the intended construction of commercial shops, one mosque and its facilitating services and the appointing of the users and workers needed to complete the work in supervision of the Ministry of Awqaf and Islamic Affairs and Sanctuaries: Anwar Muhannad Al Hadid and Yahya Koukash (representative of the Ministry of Awqaf) and Diyar Al Hadid and Muhammad Ahmad Hazza’ Al Hadid and Yahya Badr Al Hadid and Fahd Ibrahim Al Qahyouni. This shall be done without being contrary to the Islamic laws and systems. If one of the members of the committee is absent, then the committee is allowed with the permission of the ministry another person who is pious and courteous within fifteen days. And the supervising and supervising committee, with the permission of the ministry, can set forth an internal system to regulate its matters for the benefit of the Waqf and the founders stipulations without being in contrary with the Islamic laws and systems. The founders mentioned above inquired the registration of this Waqf declaration (Al Hujja al Waqfiyya) to confirm its stipulations as mentioned above. Two just and identified witnesses have testified on this. Depending on what has been confirmed and inquired for as indicated above, I declare the validity of this Waqf and request it to be registered in the form clarified above after the Chief Judge has agreed upon the registration fo it by no. 3/41/4286 dated 2/5/1988. The Ministry of Awqaf as well agrees to register it in its records no. 4/7/3923 dated 20/4/1988 to be recorder in the Department of Land registry of South Amman by no. 7/10/1408 dated on 22/5/1988 AD. Translation of figure 21 Waqf declaration from Arabic.

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Chapter 2: Waqf Reality in Jordan

Figure 22. A Waqf project, Burj Al Iman residence in Aqaba, Jordan. The project is registered for the General Benevolent Waqf Programme, (Benevolent Awqaf Programmes Sytem brochure, 2002).

Figure 23. A Waqf project, Yarmouk Commercial Project 3 in Irbid, Jordan. The project is registered for the Moqsues Waqf Programme, (Benevolent Awqaf Programmes Sytem brochure, 2002).

In addition, investment programmes are accepted by the Ministry to spend their revenue on any of the goals of the previous programmes. This institutional system also invests the Awqaf lands through special investment programmes. At the beginning of each year, the ministry publishes a balance sheet of the final statistics of these programmes with the reports of the Board of Trustees and the legal auditor report in two daily local newspapers at least for the citizens to view and be notified about the Waqfâ&#x20AC;&#x2122;s social and economical development in the Kingdom of Jordan.

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2.2.6 Ministry vs Mutawalli - monarchy vs anarchy The ministry admits that it is merely the trustee of the Awqaf and does not own them, and it should strictly abide to the founder’s stipulations. However, Haq el Manfa’a, the right of usage or benefit opposing to Haq el Mulkiyya, the right of ownership, allows the ministry to decide what is best for the sake of the Waqf status and its development conditions, and act upon that. When one reads through the theoretical framework of all the laws and initiatives set forward by the Ministry of Awqaf, verily one can only admire and sense a surge of enthusiasm in such instigations. Clearly, the ministry’s system of laws and regulations seem to have taken all the major aspects in consideration, especially the fact that it has been given a legal administrative and financial independent personality, as the Waqf should have. However, this raises the question of how well does the ministry function outside state-authority control and act as an administrative custodian to the Waqf assets rather than a branch of the ministerial framework it factually is. A ministry is a ministry, and will always act like one whether it has been granted a separate financial agenda or an administrative body. Moreover, the approach and goals will always be parallel to that of any state ministry. And this is not a theoretical hypothesis anymore as the reality has proven this to be so.

Ministry

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Mutawalli

Centralized - a single institution holds the authority of all Awqaf of the kingdom.

Decentralized - each mutawalli has a singular authoritative responsibility of a single or a set of Awqaf.

Internal supervision - although the ministry assigns a separate body to verify the financial accordances, the ministry has no supervised surveillance over the legalities and actions it performs.

Collective supervision - the community and the beneficiaries have direct contact with the mutawalli keeping him/her under constant unmediated surveillance and cooperation.

Minimum community involvement although some community committees have been constructed to aid with various tasks of the ministry such as mosque constructions, Qur’an memorization etc., when coming to the Awqaf decisions and choices, little if no participation is consulted.

Maximum community involvement - it is much easier for communities to involve directly with the founders decisions and choices, as well as with the maintenance, participation and various activities of Waqf administration and development.

Neglect - since the direct beneficiary is not the ministry, neglect and carelessness is bound by the employees of the ministerial departments.

Care - for the social status of the mutawalli, s/he will take care of the Waqf as well as the beneficiaries will directly take care and remind the mutawallis of their duties.

Non-governmental - less procedures and complications, and the proximity of the mutawallis from their Waqf custodial properties is usually easier and more frequently visited and maintained.

Distrust - if the government in general has not earned the righteous trust of the people and has signaled the corruption of its department employees, than the distrust of the people will come down to less trust in Awqaf management by the ministry.

Trust - since the mutawalli is usually a part of the community, and if not, it is easier to correct the corrupted acts s/he performs, the community can replace him/her by referring to the local judge.

Investment - although the ministry has provided various means of investment that are diverse and flexible, the community participation in decision making and suggestion of other needs or more appropriate ways for the specificities of that context may not be consulted.

Investment - the mutawalli has a fiduciary duty to ensure the appropriate investment of the Awqaf, and my not have the correct expertise in doing so. Therefore, more expert community members can be consulted being more aware of the context too.

Chapter 2: Waqf Reality in Jordan

Bureaucracy - the procedures of Waqf requests, lawsuits etc. In addition to the availability of ministerial departments (closeness to the community) complicate and discourage founders into making Waqf.

Table 3. A comparison between the administration of Awqaf by the ministry and by individual or group mutawwallis.

The need of the overall structure of the government is inevitably necessary, however, since the state has already its own agenda of duties and plans of development on various scales, the Waqfâ&#x20AC;&#x2122;s nature does not suit the governmental guardianship and its appliance to the third sector clearly needs freedom from the public and private sector allowing more space for the communities to develop in the way they see more appropriate instead of how the ministry would see it appropriate. The dilemma is not that only of a monarchy vs anarchy or top-down vs bottom-up one. Peopleâ&#x20AC;&#x2122;s trust in ministries is minimal, if none existent, and it will take a lot of visible efforts on the ministryâ&#x20AC;&#x2122;s part to regain this trust. In the mean time, since the Waqf is solely created for the benefit of the people, it should be run by the people for the people, with the government only supervising at the outer shell of Waqf administration, enabling stronger connections between the community entities.

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2.2.7 A critical contemplation “It does not take a gifted genius to ascertain that the perception of Islamic Awqaf as a part of the public sector is completely incorrect. The creation of a Waqf by any founder is certainly not an invitation to government authority to dominate the area of benevolent activities in the society. 22”

- Monzer Kahf

Chapter 2: Waqf Reality in Jordan

At the interview I had with Marwan Al ‘utoum, head of the Directorate of Awqaf Assets, he straightforwardly confessed that most investment schemes and development plans are not activated as they should for the time being. When asking why (due to technical problems? Financial obstacles? Lack of skills and expertise?), there was no definite answer other than they (the Awqaf projects and investment plans) are not operated as planned because the regulating framework is not complete. As a result of this acknowledgment, one can truthfully deduct that whatsoever has been claimed on paper and through laws will not be concreted and realized as promised. In light of the absence of community participation and the excessive restrictions on local committees when initiating religious endeavors, again, one will sense the lack of freedom when the Waqf can provide room for such freedom. Since decisions are produced on an authoritative governmental level, minimal opportunities are provided for people to participate in the making of such decisions. To cut the ministry some slack, one can argue that the whole concept of Waqf revivification is still recent, and the ministry needs time to gear up with the demands and responsibilities it has taken on its own shoulders, nevertheless, the ministry has exerted on the other hand excessive, even aggressive sometimes, control on religious endeavors, limiting religious and cultural activities to its sole responsibility and banning any other organization from sharing such a communal task to the point where organizations have sought secrecy and discretion of quite legal and appreciated actions. In addition, the continuous tracking down by the ministry of mosques and religious centers that are not registered and supervised by the Ministry, has led to the misconception that a Waqf is a religious affair, and unrelated to philanthropic and development matters. As to the task of the ministry in spreading awareness, recognition and appreciation of the Waqf in the Muslim society of Jordan, the outcome is negligible. The ministry’s plans have promised for modern reach-out to the society through the media of documentary films, TV programs, museum exhibitions, books and brochures etc., but hardly anything has been noticed. Coming back to my earlier definition of the commons, idealistically the Waqf fits quite well as that which is accessible to all, and owned by none - none as not even the public authorities, state etc. The ministry of Awqaf recognizes the three property types of private, public and Waqf and has assigned itself the role of administrating the documentation and process-making of Waqf, as well as ensuring its maintenance and sustainability, but the Waqf itself is not owned by it. The degree of the extent of how much this is practiced in reality varies tremendously, almost opposite to what it is allegedly meant to be. There are a couple of agreeable reasons for this. First of all, is the inevitable corruption of government employees. This is a reality not limited to Islamic countries’ governments, but it shapes much of how Waqf is perceived under these governments. Page | 58

The second reason is that since Commons are not controlled by the self-interested private sector or the dogamtic public sector; it is an emancipated space of freedom to exercise what the commoners of a community wish to practice. This reality, on the other hand, reveals how empowering a Common can be, and if utilized smartly, how enabling and facilitative a tool and space it can propose to be. This enabling tool of governing the Commons by its people, of using the Commons as a property right hence a facilitating asset is what this thesis will aim to actively scrutinize the possibilities to prove that value of the political, financial and social qualifications that a Waqf as a Common.

2.3 The Customary, the Popular

2.3.1 Legal entity The idea of an artificial legal entity opposed to the natural legal person of flesh and blood is a modern corporal concept that did not exist at the times of early Islamic jurisprudence. The concept arose from the activities of organizations such as religious orders and local authorities which were granted rights by the government to hold property 21. The Shariâ&#x20AC;&#x2122;a (Islamic law) did not object to such an abstract entity and approved such an approach, providing that a Waqf is an independent legal entity (thimmah) that may engage in trading with third parties, but, a Waqf may be restricted from trading in the original settled assets 22. Generally, an artificial legal personality is a characteristic of a non-human entity regarded by law to have the status of a person. Such an abstract entity has the following rights 23: Right to common treasury or chest (including the right to own property)

Right to a corporate seal (i.e., the right to make and sign contracts) Right to sue and be sued (to enforce contracts) Right to hire agents (employees) Right to make by-laws (self governance)

The separate and independent personality of the Waqf (thimmah) sets the mutawalli as a representative of the Waqf and nothing more.

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The customary Waqf, or Al Waqf Al â&#x20AC;&#x2DC;Urfi, is the traditional concept of Waqf where private initiatives of non-governmental trustees administer the Waqf, and the Waqf is documented at a local court. The decentralized nature of the old ideal way is what the customary Waqf institutions want to hold as their foundation, however, with developing modern techniques and approaches to suit the circumstances and activities of the contemporary world of today.

It is hoped that a synthesis of the classical Islamic and modern western practices and norms in conformity with the Shari’ah will lead to an ideal Waqf law that can be of vital importance for the restoration of this institution. 2.3.2 Corporation or trust An increasing number of non-governmental organizations are using the Waqf model to solicit and manage funds in multiple cities and countries such as the North America Islamic Trust (NAIT) which was established in 1971 in the USA and Canada providing protection and safeguarding assets of properties and real estates of the Islamic Society of North America (ISNA) and other communities as Awqaf 24.

Chapter 2: Waqf Reality in Jordan

In the West, there is only a slight difference between a corporation, a trust or a foundation when it comes to banking purposes. The true difference concurs in their objectives. Table 4. A cross-comparison between a corporation, a foundation and a trust.

Banking purpose

Objective

Corporation

Business profit purposes, such as security trading, banking, international commerce, real estate property ...

Economic - investment, marketing, business with a general goal of profit maximization and increase in wealth

Foundation

Non-profit activities such as charities, give or receive donations, grants, etc. - “Holding” purposes.

Philanthropic - either donate funds and support to other organizations, or provide the source of funding for its own charitable purposes

“Holding” of a corporation property or to keep assets as real estate.

Legal - relationship of property guardianship by one party for the benefit of another

Trust

As mentioned earlier in chapter 1, the Waqf remarkably resembles the idea of a trust. In fact, history traces back the concept of the earliest English trust to be influenced by the Islamic Waqf. Therefore, in modern terms, the Waqf can be handled and treated in a comparable way to a trust and its are considered as trust assets, where the role of the trustee is to look after the asset and ensure its perpetuity for the beneficiaries.

Trust

Table 5. Elements of a Trust that correspond to that of a Waqf.

Waqf

Settlor

Waqif (founder)

Declaration

Hujjat Ul Waqf

Property

Mawqouf

Beneficiaries

Mawqouf ‘Alayhim

Trustee

Mutawalli

While economic corporations are no more than funds utilized to generate profits to their owners, Awqaf properties are funds utilized for the benefit of their beneficiaries 25. Therefore, an innovative approach to deal with the Waqf is an incorporated Waqf.

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Incorporated Waqf 26: is a Waqf that enjoys a full incorporate status. Thus it can sue and be sued, and provides full owner and entity shielding to its trustee.

2.3.3 The customary way, the right way In Awqaf, properties are not considered owned by any human entity, individually or in groups, be it natural or judiciary where the Waqf income cannot be given to any philanthropic objective outside the assigned one. As Dr. Murat Cizakca confirms, he applauds the traditional system of Waqf and, in his opinion, “ [it being] the correct way to establish a Waqf. While I am in favor of informing the local court, the traditional method, and the Awqaf Association, I must warn against informing a state agency. History informs us that informing the state of [ a Waqf ] establishment can be detrimental for a Waqf. Waqfs should operate as decentralized autonomous institutions without state interference. 27”

In their writing about “management and development of the Awqaf assets”, Abul Hassan and Mohammad Abdus Shahid propose that the institutions of Awqaf should act as a nongovernmental organization (NGO) by employing Islamic business management ethics so that proceedings of the Waqf assets may be used for the socio-economic and educational development of the Muslim community 29. 2.3.4 Donation contracts Technically speaking, a donation is a gift given by a physical or legal person for charitable purposes and/or benefiting a cause. The Islamic jurists admit to five types of donation contracts; (1) loans, (2) borrowing, (3) gifts, (4) Waqf, and (5) testamentary wills. In Islam law, documenting contracts for loans and wills are compulsory. However, the development of Waqf’s legal system with time has allowed it to be formalized, even compulsory, and its Deed of Declaration is seen as a form of contract between the founder and trustee under the testimony of a judge. With regard to legal entities and incorporated Awqaf, the donation contract will testify the stipulations of the founder along with the strict conditions that the Waqf exclusively holds, which is the prohibition of the property to be sold, inherited, gifted or further donated. This aids in dictating authenticity to autonomous Waqf institutions that do not function by the governments’ ministries of Awqaf, where the contract can always prove the conditions on which both parties agreed on and was signed.

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An important conclusion is that Awqaf properties require a special kind of judiciary person, or an amended legal entity which, unlike corporations, does not have a full right of ownership but rather holds title only, maintains continuity of property, manages investment and distributes to objectives/beneficiaries but cannot dispose of the properties or violate the distribution ordinances of the founder 28. In such a scenario, the government can create a supportive body that may provide technical assistance, facilitate financing, and establish necessary governance regulations.

2.3.5 NGOs in Jordan Non-profit organizations that aim for social development or its equivalent are registered at the Ministry of Social Development. However, the “Societies Law” states that the organization should be registered under the specialized ministry that confirms to the activities the objective of that organization. Therefore, a NGO or NPO can only register under the Ministry of Social development if its goals are charitable or social and developmental work in the field of family care, children, orphans, the elderly or persons with disabilities or poverty reduction or enhancement of productivity, or any similar field.

Chapter 2: Waqf Reality in Jordan

If the objectives are religious or Islamic then the NGO should register under the Ministry of Awqaf. According to the ministry, an association or organization is 30: A legal entity composed of a group of people to be registered according to the provisions of the Societies Act No. 51 of 2008, in order to provide services or activities on a voluntary basis, without intending profit generation or achieving any benefit for any of its members or any specific person alone or achieving any political goals .

Upon the agreement of establishing the organization by the ministry, the ministry’s paramount request of the organization is that it follows the following duties 31: 1 | The exercise of its business and activities in accordance with the provisions of the statute the organization has delivered for itself. 2 | The notification of the Minister and the Secretary of Association informs about the dates of the meetings of its general assembly, place and agenda before the meetings take place by at least two weeks, or else the meeting is considered illegitimate. 3 | The documentation and recording of the facts of the meetings of the governing body and its general assembly and the decisions of each of them at its headquarters , in chronological order . 4 | The keeping of financial records that show aspects of revenues and spending . 5 | the keeping of a record of assets and supplies available to it and any records necessary for the exercise of its activities and its business according to its statute . 6 | The attainment of the Board approval before implementation of any decision of the General Assembly related to making any amendments to the provisions of the statute. 7 | The governing body of the Association has to submit to the specialized ministry an: a. annual work plan . b. annual report including the achievements of the association and its activities in the previous year and the sources of revenues and expenditures as well as any data required by the regulations and instructions issued under the provisions of this law. c. annual budget , audited by a chartered accountant elected by the General Assembly. 8 | The organization has to organize records for membership subscriptions and record the names of all the members and their personal details and the date of enrollment and contributions in accordance with the assets . 9 |The organization has to declare in its annual report for any donation or fund it receives including in the financial records the name of the donors, the amount and the purpose for which it will be spent, along with other special conditions to do so. 10 | If the organization wishes to obtain a donation or financing of a non-Jordanian person, it shall notify the Council of Ministers stating clearly the source of the donation or funding, the

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amount and the method of its receipt , and the purpose for which it will be spent. 11 | The organization will have to deposit all their money in banks operating in the Kingdom, and do not have the right of banking accounts secrecy in the face of any inquiry submitted against them by the specialized minister or secretary record.

Clearly, the ministry keeps a close supervision of the performance of each organization, ensuring that they focus on carrying out their specified goals without elaborating on other intentions, as well as the supervision and inspection of financial records to ensure that no corruption, stealing, or other issues are dealt with and go unseen. On the other hand, the organization has the following rights 32:

Chapter 2: Waqf Reality in Jordan

a| Any group of people, not fewer than seven, have the right to register as an association in accordance with the provisions of the Societies Act to provide services or do activities on a voluntary basis , without targeting profit. b| Any group of people, not fewer than three and no more than twenty, have the right to register as a private association. c| Any person or more have the right to register as a closed association under the condition that its financial resources are from the founder of any member for the purposes of enabling them to achieve their goals . d| Any association has the right to establish branches within the Kingdom Related administratively and financially if its the statute allows it to. e| The right to register a branch of the Association in a foreign country for the purpose of providing services in the Kingdom , provided that does not target to reap profit or to achieve any political or religious goals. f | The right to allow the opportunity for any eligible person to gain membership in accordance with the provisions of the General Statute. g| The right to obtain local funding without referring prior for the approval of the Council of Ministers as long as the fundraising is governed by what is stated in the fund-raising system (1) for the year 1957. h| The right to receive a donation or financing from a person who is not a Jordanian , but the association should follow the procedures specified in the Associations Law No. (51) for the year 2008, stating the following conditions : Â a. That the source of the donation or funding of the project does not violate public order or morality . Â b. That the conditions set by the donor does not contradict with the provisions of the statutes of the association. Â c. That the donations are spent for the purpose it was meant for.

Most of the charitable organizations in Jordan are registered as non-governmental non-profit organization, either being local or international even. Upon my interrogations at the Ministry of Social Development, the person responsible for the Directorate of Associations (organizations) expressed that the ministry has more of a supervising role and does not impose any restrictions or limitations on how the organization should carry out its objectives as long as they are legal.

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Due to the flexible framework of the ministry, Islamic charitable organizations register under this ministry and then carry out informal Waqf procedures through the legal entity and ownership right provided by the ministry.

2.4 Waqf in the Camp

Chapter 2: Waqf Reality in Jordan

2.4.1 A special case A Palestine refugee camp is defined as a plot of land placed at the disposal of UNRWA by the host government to accommodate Palestine refugees and set up facilities to cater to their needs 33. There are 58 recognized Palestine refugee camps in Jordan, Lebanon, the Syrian Arab Republic, the Gaza Strip and the West Bank, including East Jerusalem in which the conditions of the camps in general share the same specific status, that is, their undetermined legal status. The plots of land on which the recognized camps are set up are either state land or, in most cases, land leased by the host government from local landowners, a pre-paid lease that lasts 99 years. This means that the refugees in camps do not ‘own’ the land on which their shelters are built on, but rather have a right to ‘use’ the land for a residence. This, along with other manyfold political sensitivities in Jordan, complicates matters when it comes to owning property in the camp. However, I do want to refer briefly to two incidents that have created a window stretching possibilities a lengthy bit further. In the camp of Jenin in the West Bank, the UNRWA has launched a reconstruction project with the help of a generous donation of the Red Crescent Authority of the United Arab Emirates. After several designs and alternatives, the project needed to break down two existing shelters to be replaced elsewhere so that an open court could be extended. The overcrowded condition of the camp did not allow any space for the reconstruction of the shelters elsewhere, therefore, the Red Crescent Authority bought a plot of land bordering the camp on the other side, and registered it a Waqf land at the ministry of Awqaf in Palestine, on which two new shelters where built. As simple as it may sound, when it comes to camp politics, and the ownership of the land by the DPA (Department of Palestinian Affairs), the UNRWA, the Red Crescent Authority or else-wise, the most ideal solution was to make it a Waqf so that the ownership cannot be further disputed about. A second incident, which I am quite confident has occurred more than just once, happened in the refugee camp of Baq’aa, the largest camp in Jordan. Upon certain agreements between connections of the people in camp and the Jordanian owners of the leased lands the camp is situated on, what ensued was the purchase of these rented lands from their original owners to become the property of a relative of the camp residents who has a Jordanian citizenship. This direct reference with the true owners did not need the government to interfere, although usually matters can be complicated more depending on the political status the project and ownership might introduce. 2.4.2 Awqaf of the Gaza camp The concept of a realized Waqf in the camp is blurry. Since the land is not owned, one cannot construct any building on it, jeopardizing the Waqf agreement and rendering it void. However, it is certain that all the mosques are directed by the ministry of Awqaf, whether they are formally

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registered or not is not clear as no one truly owned it to hand it over as a Waqf. It is quite common in Jordan for registered local committees to fund-raise or individually ask around for donations for building a mosque. The sum of the money collected will then be handed over to the ministry to take the responsibility of constructing the mosque, furnishing it with its needed utilities and afterwards, declaring the mosque as a Waqf with a responsibility of the ministry to maintain it, pay the Imaamâ&#x20AC;&#x2122;s salary, etc.

Later, donations where intended to be spent on building mosques in the camp. The ministry realized that these prayer spaces were now mosques that had to be placed under its authority, and thereby, every mosque in the camp was registered forcefully to the ministry. None of the mosques were built by the ministry but the ministry claimed responsibility over all the affairs related to them.

Chapter 2: Waqf Reality in Jordan

The story of the mosques in the camp is slightly different. When the people sought refuge at the UNRWA camp, the UNRWA provided facilities and spaces for relief matters such as a clinic, a food kitchen, a school, etc. It did not reserve a function for prayer, especially since the Friday prayer needs a communal hall to accommodate a large amount of people. In response, the community themselves took action and gathered what they could, shaping tents and demarcating spaces for communal prayer that would serve as a mosque. With time, people built brick by brick, the same as they did with their own shelters, and constructed modest mosques.

Figure 24. A map of the camp of Gaza indicating the locations of the nine mosques within the borders of the camp.

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Chapter 2: Waqf Reality in Jordan

Cemeteries are usually Awqaf owned, as individual owners donate their private land for Muslims to be buried in (this is regarded an everlasting charity as well). However, in the case of the cemeteries inside the camp, it is not clear of they are still owned by their former owners as the DPA is now responsible over them, and the salary of the guard of the cemetery is paid by the Camp Improvement Committee of the DPA. The camp also has a new cemetery assigned which is owned by the ministry of agriculture. Due to lack of vacant land available around the camp and the over-crowded cemeteries inside the camp, a certain agreement has been made between the DPA and the ministry to use the land for now as a graveyard for the people of the camp.

Old cemetery

New cemetery

Figure 25. A map of the Gaza camp indicating the cemeteries within the border of the camp, and the new graveyard outside.

2.4.4 Popular Waqf Due to the restrictive political nature of the camp’s situation, the charity organizations in the camp have a more difficult time managing their affairs inside the camp than outside. Creating a Waqf, and hoping it passes unnoticed is simply impossible. Therefore, the concept of a Waqf is mimicked and the legal entity prescribed to these charitable organizations when registered at the Ministry of Social Development allows them to “own” assets carry out their objectives. Although the organizations do not legally recognize their work as being a Waqf, the system they operate in with their religious affiliation is remarkably similar to the private Waqf institutions of other Islamic countries who operate with a legal entity personality outside governmental reach. There are four Islamic organizations in the camp, all run as NGOs (see chapter 3, 3.4) . However, only two of them work as a charitable organization that provide humanitarian and health services. One of these two organizations is the Islamic Charity Center Society. Their organization’s objective is mainly the support of orphans and vulnerable families. To be able to fulfill their objectives and sustain on a continuous basis the orphans and families registered at their organization, other than relying on monetary chairities given by benevolent benefactors, they initiate a few projects that generate income to sponsor their beneficiaries. One recent example of such a project was an agricultural machinery factory for farming and agricultural use. The rent and revenue of this factory was meant to support the organization as an additional income source. This project and all other projects are nominated after feasibility studies done by a non-profit organization named Irada Center of Productivity Enhancement which offers feasibility studies, consultations, and training services for economic development.

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This type of approach is certainly in the spirit of the Waqf. Although the factory might not be registered as a Waqf, it is owned by a corporal entity (this case the ICCS), hence not owned specifically by an individual. The revenue of this project has specific beneficiaries, i.e., orphans and vulnerable families, and is in trusteeship and administration of the center. As evident in figure 24, there are 9 mosques in camp, excluding 5 other ones in the surrounding region. This is a plentiful quantity of mosques, if not excessive. It is clear that the people of the camp do not need any more mosques however the prevailing misconception is that a pious deed of charity as a Waqf is done best by sponsoring a religious function - a mosque. This misinterpretation is contrary to the extensive accomplishments in the history of the Waqf, and is due to the colonial traces left behind of limiting Awqaf to mosque affairs and maintenance.

Figure 26. A front view of one of the branches of The Conservation of the Holy Qur’an Society in the camp.

Chapter 2: Waqf Reality in Jordan

It is only clear that there should be a reviving awareness on the true concept of a Waqf, whether being a legally registered Waqf at the ministry, or an deed of Waqf that borrows its spirit, in order to encourage donors to donate their benefactions to needed and developmental functions - other than mosques.

Figure 27. A front view of one of the branches of the Islamic Charity Center Society in the camp.

Notes 1

See Sait, Siraj, and Hilary Lim. Land, law and Islam: property and human rights in the Muslim world. 2006.

Sait et al. Ibid. 2006.

See Google groups. “Agreement on Waqf Administration Diploma with the University of Jordan.” Google Groups, 24 Apr. 2014. Retrieved on 23 May 2014. <https://groups.google.com/forum/#!topic/nidal-islamicfinance/gxNGLOiP7I4>. 4

Google groups. Ibid. 2014.

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See “Jordan.” Wikipedia. Wikimedia Foundation, Last Modified On 21 May 2014 at 00:04. <http://en.wikipedia.org/wiki/Jordan#Law>.

“Jordan.” Wikipedia. 2014.

Jordanian Judicial System. jc.jo. Retrieved on 23. May. 2014. <http://www.jc.jo/en/node/3038>.

Court types. jc.jo. Retrieved on 23. May. 2014. <http://www.jc.jo/types>.

Se Salah, Abd Al Fatah. A paper submitted for a seminar on “Documenting Waqf endowment experiences for the Levant countries”. 2003.

Salah, Abd Al Fatah. Ibid. 2003.

Chapter 2: Waqf Reality in Jordan

A Hukr is a long lease with a large advance lump sum (payment), a mode invented by the Islamic jurist to go around the prohibition of selling a Waqf where instead one sells the right for a long lease at a nominal peridical rent. 14

Salah, Abd Al Fatah. Ibid. 2003.

Hujjat Ul Waqf is a declaration that immortalizes the real estate or monetary property (habs) with conditioned usufruct.

See Kahf, Monzer. “Reforming the Waqf Institution - Reforms Enabling Waqf Sustain Economic and Social Development.” 2010.

Al Qalam. “Modern Practices from a Sharī’āh Perspective”. Online presentation. Retrieved on 25 May, 2014. < http://alqalam.org.uk/wp-content/ uploads/Modern-Practices-from-a-Shari_ah-Perspective.pdf>. 22

Al Qalam. Ibid.

See Sait, Siraj, and Hilary Lim. Land, law and Islam: property and human rights in the Muslim world. 2006.

Kahf, Monzer. “The role of Waqf in improving the Ummah welfare”. (First draft). Presented at the International Seminar on “Waqf as a Private Legal Body” organized by the Islamic University of north Sumatra, Medan, Indonesia. 6-7 Jan. 2003. 26

See Cizakca, Murat. “The new Waqf law prepared by the IDB/IRTI and the Kuwait Public Foundation: A critical assessment.” 2013.

Cizakca. Ibid. 2013.

Kahf. Ibid. 2003. See Hassan, Abul and Mohammad Abdus Shahid. “Management and development of the Awqaf assets”. 2010.

29 32

Societies Records. Ibid.

See Palestinian refugees. Unrwa.org. Retrieved on 26 May. 2014. <http://www.unrwa.org/palestine-refugees>.

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The first two chapters addressed the Waqf, attempting humbly to draw a coherent image of what it was in its past, and what it is today. The journey started with a historical expedition excavating layers of facts and conclusions on the Waqf, signifying the dates of its birth, its changes and its rehabilitation. This chapter, on the other hand, will start from a specific moment in history related to specific people and no the Muslim world. This moment signalized a beginning of a discussion on â&#x20AC;&#x153;ownershipâ&#x20AC;? of land, a sacred concept that is found to be so precious to the human self, much more than one anticipates to comprehend, to experience, to believe. This discussion will start here, nevertheless, it is not known where it will end.

Chapter 3:

Experimental Grounds - the Gaza Camp

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Chapter 3: Experimental Grounds - the Gaza Camp

3. The Palestinian Refugee Camp of Gaza 3.1 The Palestinian Refugees and Diaspora “I am not a refugee. But I feel I have no place. I’m cut off my origins. I live in exile. I am exiled. 1” - Edward Said

The word “Palestine” originates from the tribe of Philistines whom emigrated from the Mediterranean islands, more specifically, Crete, and settled in the South of Palestine where they merged with the Canaanites (whose ancestors where of the Natufian civilization which ruled 12,000 to 6,000 BC) and were called the “Felistines” 2. Ancient Egyptian hieroglyphic scripts mention the “migrated people of Crete” as the Plst or Peleset 3, where with time the name Palestine developed. Ever since, Palestine has been a cradle of civilizations and a locale of community stability but eagerly pursued by many populaces to reign. Since thousands of years before Christ, Palestine witnessed wars of conquering and conquests, capture and re-capture, whether from Ancient Egyptians, Canaanites, Israelites, Assyrians, Babylonians, Persians, Ancient Greeks, Romans, Byzantines, to the times of the Sunni Arab Caliphates, the Shia Fatimid Caliphate, Crusaders, Ayyubids, Mameluks, Ottomans, the British and modern Israelis and Palestinians. Despite the ambivalence of many cultures and religion, and the various peoples who lived and belonged to the lands of Palestine, it is clear that the descendants of the Arab Canaanites and the Philistines have a full right to be in this place and continue to be in the what their ancestors have left behind for them; a place, a land, a homeland. 73 | Page

Occupied Palestine The Levant

In May 1946, the British American Committee held joint talks on the issue of Palestine with the American president Truman. During the talk, they decided to authorize an order of introducing a thousand European Jews to Palestine, whilst rejecting at the time to declare Palestine as a Jewish state. It was recommended to keep Palestine under the Mandate until the United Nations resolved the matters, later adding that Palestine is a holy land and shall not be entitled to the followers of any of the three religions to assert religious control over it 6. At midnight of 14 May 1948, the last British delegate left the harbor of Jafa declaring the end of the British Mandate, announcing the next day the establishment of the “Israeli State” which was recognized by the American president and the Soviet leader Stalin a few hours after the declaration 7. This day is recognized till today as Nakba Day meaning “Day of the Catastrophe” due to the shocking declaration of Independence of Israel which forced displacement of thousands of people.

Western Asia - The Middle East

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3.1.1 Yawm an-Nakba - the Day of the Catastrophe In the late evening of the 30th of October 1917, a British army of 150,000 soldiers of British, Australian and New Zea-landers known as the Egyptian Expeditionary Force (EEF) invaded a small Ottoman fortress in Beir El Sab’ unexpectedly from the South instead of the West as the Ottomans would have expected 4. The military rule of the British army lasted from that month in 1917 till 1920 where Palestine fell under the rule of the British Mandate according to the San Remo Resolution and agreed upon by the Covenant of the League of Nations 5.

3.1.2 The diasporic exodus During the 1948 Palestine exodus, an estimated 700,000 Palestinian (out of 1,900,000) fled or were expelled, and hundreds of Palestinian towns and villages were depopulated and recklessly destroyed. Factors involved in the exodus include Jewish military advances, attacks against Arab villages and fears of another massacre after Deir Yassin, which caused many to leave out of panic; expulsion orders by Zionist authorities; the voluntary self-removal of the wealthier classes, the collapse in Palestinian leadership, and an unwillingness to live under Jewish control. The vast majority fled to neighboring Arab countries, including Jordan for refuge. Following the emergence of the Palestinian refugee problem after the 1948 Arab–Israeli war, many Palestinians tried to return to their homes. These practices on the other hand em-

barrassed the Israeli authorities, therefore as a reaction they passed the Prevention of Infiltration Law. In the words of the Hebrew Immigrant Aid Society, their defense to the rationale of this law was “to address security and other concerns about Arabs trying to cross the border into Israel8”. In the mean time, Jews immigrated to Israel where they settled mainly along the borders and in former Palestinian lands.

At that time, the Gaza Strip was managed under the military authority of Egypt. Israel captured the Gaza Strip from Egypt in the Six-Day War in 1967 resulting in a new wave of Palestinians displacement. Particularly those residing in refugee camps in the West Bank and Gaza were forced to flee again to host governments where they were classified as ‘displaced persons’. According to the UN General Assembly Resolution 2252 (ES-V) of 4 July 1967, ‘displaced persons’ were defined as those ‘who have been unable to return to the Palestinian territories occupied by Israel since 1967’ 9. Lebanon

Lebanon Iraq

Iraq Syria

Syria Jerash

Yaﬀa

Ramlah Jordan Valley

Yavne

5 3 4 2

6 1

5 3 4 2

Saudi Arabia

Be’er Sheva

Saudi Arabia

Jordan

Egypt

Chapter 3: Experimental Grounds - the Gaza Camp

3.1.3 An Naksa - The Setback An-Naksah, “War of 1967”, also known as the June War, was fought between June 5 and 10, 1967 by Israel and the neighboring states of Egypt, Jordan, and Syria. The war was initiated by Israel who began launching surprise strikes against Egyptian air-fields in response to the mobilization of Egyptian forces on the Israeli border.

Cities Refugee camps in Gaza Strip [1948] 1. Rafah 2. Khan Younes 3. Dayr Al Balah 4. Ansarat 5. Bureij 6.Jabayla First Refuge [1948]

Figure 28. A map showing the major cities and the various refugee camps that hosted people who refuged from those cities.

Egypt

Cities Refugee camps in Gaza Strip [1948] 1. Rafah 2. Khan Younes 3. Dayr Al Balah 4. Ansarat 5. Bureij 6.Jabayla Temporary Stop [1967] Second Displacement [1967]

Figure 29. A map showing the second refuge wave from the refugee camps in the Gaza Strip towards refugee camps in Jordan.

3.1.4 The ex-Gazans The displaced persons who took refuge in Jordan from the West Bank in 1948 were initially not officially registered in Jordan as, according to the government, they simply moved from one part of Jordan to another, i.e., from the West to the East Bank of Jordan. However, in the 1970s, the Jordanian Ministry of Occupied Territories/Registry of Displaced Persons called people to register, and 240,000 displaced persons followed the call (Article 74 1995: 3) 10. In addition to the West Bankers, in 1967 a large group of the original inhabitants and camp dwellers in Gaza also sought shelter in Jordan, of whom many had already sought refuge less than

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Chapter 3: Experimental Grounds - the Gaza Camp

two decades before. During the period between 1949 and 1967, the Egyptian administration retained most of the basic legislation that was inherited from the Ottoman and the Mandate periods, including the Palestinian Citizenship Order of 1925 11. Gazans were issued with Egyptian travel documents that were meant only to help them in their travel to and from the Strip. Many Gazan refugees had to remain in Jordan following the 1967 war, mainly because they could not go to Egypt due to Israeli attacks on the Sinai Peninsula 12. Unlike Palestinians who came from the West Bank, Gazans did not have Jordanian citizenship - with the exception of few families who had political connections and were able through royal decree to obtain Jordanian citizenship. Those who weren’t able to acquire the citizenship sought shelter in Jerash and Hitteen refugee camps 13. 3.1.5 The Right of Return “ The Right of Return is a sacred right that cannot be waived, under no cost no matter what. It is not something, the Right of Return, that one can forget or ignore or overlook. The Right of Return is not just for every Palestinian. Palestine and Jerusalem are for Jordan[ians] and Egypt[ians] and Syria[ns] and the Muslim people [a right for everyone to visit the sacred land] 14” - Hussain Abu Sussein, refugee of Gaza camp

Article 13 of the Universal Declaration of Human Rights entitles “everyone [to] have the right to leave any country, including his own, and to return to his country” 15. The legal concept of this inalienable and universal right of every human being dates back to the Magna Carta in 1215 16. UN Resolution 194 specifically refers to the right of return for Palestinians made refugees in 1947-48, stating that the refugees are entitled to choose between compensation and return to their homes 17 . Even though the resolution was unanimously accepted, Israel refused to abide. The Palestinian right of return (Haqq al-’awdah) is a political position. Its principle asserting that Palestinian refugees, both first-generation refugees and their descendants, have the right to return to their homeland and a right to the property they or their forefathers left or which they were forced to leave due to the 1948 Palestinian exodus and the 1967 Six-Day War. Proponents of the right of return hold that it is a “sacred” right, as well as an inalienable and basic human right that is protected under international law 18. Arab States’ policies have historically been guided by the Arab League’s policy to maintain refugees as stateless claiming that this was a necessary step to preserve the right of return. Jordan formed an exception by granting Jordanian citizenship to Palestinian refugees. Doing so, Jordan ‘‘created’’ a new type of refugee: ‘‘the refugee-citizen,’’ or ‘‘temporary-citizen’’ formally endowed with citizenship rights and duties pending the day when they would be given the right to choose to return to Palestine or to stay in Jordan as permanent citizens 19. In Jordan, the majority of Palestinians with citizenship have a right to a passport and enjoy access to government services due to the granting of Jordanian Citizenship of 1954. However, those who fled from Gaza have been denied these rights, meaning that most are virtually stateless and have few opportunities to secure decent livelihoods, as well as civil rights 20. There are several categories in Jordan for people holding a variety of different papers connoting different labels and giving access to different services as outlined in the table 6.

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Origin

Residence

Family Book *

Crossing Card ** Accessibility to Services

Jordanian â&#x20AC;&#x201C; East Permanent Banker residency

5 year passport with national ID number

Yes

Full access

Jordanian â&#x20AC;&#x201C; Palestinian of 1948

Permanent residency

5 year passport with national ID number

Yes

Full access

Jordanian Palestinian of 1967

Permanent residency

5 year passport with national ID number

Yes

Yellow Card family reunification

Full access

JordanianPalestinian of 1967

Permanent residency

5 year passport with national ID number

No family book

Green card

Work needs a work permit, university education payment in foreign fees, ownership with the approval of a ministerial council

Palestinians of Gaza

Permanent residency

Two-year temporary passport

No family book

In case of family reunification Blue Card

Work needs a work permit, university education payment in foreign fees, ownership with the approval of a ministerial council

Palestinians of the West Bank or Gaza Strip

Permanent Palestinian residency in authority passport West Bank or (LP) Gaza Strip

No family book

Permission to enter

Treated like any Arab in Jordan: as long as there is a valid residency they can access services permitted for foreigners

Table 6. A table showing the civil status categories of Palestinian/ Jordanian and Palestinian passport in Jordan, (Oroub Al Abed). Notes: * Family book: this registers the civil status of the members of the family (birth and marital status) ** Crossing Card (or Card of Crossing [the bridges]): a card given by El Mutaba wel Taftish (the inspection and follow-up department affiliated with the Ministry of the Interior in Jordan). The Yellow Card indicates that its holder is a permanent resident in Jordan and s/he is able to go to the West Bank because of the family reunification card s/he holds. The Green Card indicates that its holder lives in the West Bank and his/her visit in Jordan is temporary (one should usually provide a reason, i.e. work permit, education certificate justifying their stay). The Blue Card is for Gazans who live in Gaza or in Jordan. It indicates that they were included in family reunification cards as being able to live in Gaza.

Chapter 3: Experimental Grounds - the Gaza Camp

Passport Type

Although the type of passport the ex-Gazans have allows them to apply for a temporary travel document, such documents are generally not recognized by other countries, including neighboring states of Syria, Egypt and Lebanon. Within Jordan, there are severe restrictions on their ability to enroll in higher education, to work in the private sector and to obtain formal residency permits. Women are particularly disadvantaged since female Palestinian refugees in Jordan cannot pass their citizenship in Jordan on to their children and are dependent on their husbands and fathers to process documents relating to them. Because the refugees from Gaza do not have citizenship at all, even the children of Jordanian women married to them risk their families deprived of legal status 21.

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3.2 Context and Conditions

Chapter 3: Experimental Grounds - the Gaza Camp

3.2.1 Jordan - the host country A Palestinian refugee camp is a plot of land under the disposal of UNRWA given by the host government to accommodate Palestinian refugees and set up facilities to cater for their basic needs 22 . The rented (long-leased) plots on which the camp is set define the unbudgeable border that is to accommodate only emergency-fulfilling services for this temporary settlement. The UNRWA recognizes “officially” ten camps in Jordan. However, with the massive amount of refugees arriving, many Palestinians were unable to get units in the refugee camps and some camps were established by the Jordanian government but were not officially recognized by UNRWA; the camps of Madaba, Prince Hassan (Nasser), and Sukhneh 23. The ten refugee camps accommodate nearly 370,000 Palestine refugees, or 18 per cent of the total number of registered Palestinian refugees in Jordan, making it the country hosting the largest number of Palestine refugees of all of the UNWRA fields 24. To Irbid

Jarash Gaza Camp

Burma

Al Mastaba

To Amman

Figure 30. The Governorate of Jerash location within the Hashemite Kingdom of Jordan.

Figure 31. Gaza Camp location within the Governorate of Jerash and the relative accessibility towards the camp.

The demographic factor in Jordan, where over 60 per cent of people are of Palestinian origins, complicates fragile and fluctuating Palestinian–Jordanian relations 25. Depending on the political context, the Jordanian government has handled the situation by either emphasizing the unity between Palestinians and Jordanians as equal citizens in one nation-state, or privileging a local Transjordanian identity 26.

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Landscape of the Jordanian mountains of Jerash

The Roman Archaeological site of Jerash

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Chapter 3: Experimental Grounds - the Gaza Camp

3.2.2 A camp of exception From the total of ten UNRWA-run camps in Jordan, four were established upon the 1948-War and the remaining six were “emergency” camps set up in 1968 for those who left the West Bank and Gaza Strip as a result of the 1967 Arab-Israeli war. An 11,500 displaced refugees arrived from the Gaza strip, the majority of them having been displaced before in 1948 and been living in camps in the Gaza Strip, to the Jordanian borders where they were referred directly to Jerash where UNRWA had set up an emergency camp for those coming from Gaza. The official name of the camp is ‘Jerash Camp’, however the local reference for it is the ‘Gaza camp’. For someone who has lived quite a while in Jordan, and being of Palestinian origins, I would have thought that the people would prefer the former official naming being aware of the political (unrighteous) stigma it carries. Nevertheless, as the camp inhabitants confessed to me, they cling to the memory and the honor of a name (Gaza) that is a referral to a Palestinian city still existing and inhabited by Palestinians. In other words, despite the exclusive hardship and injustice this camp exceptionally had to endure due to their migration from Gaza, as they were not privileged to be granted the Jordanian nationalities as those who had migrated from the West Bank in the 1948, they hold dear the fact their camp’s name bears the name of a Palestinian origin unlike all the other camps who have names referring to Jordanian cities. In addition, Jerash in specific is a Roman city; a city the Palestinian refugees are not related to nor originated from. Displaced Palestinians and Gazans hold the fifth category of the civil statuses Palestinian refugees hold in Jordan, meaning a temporary two-year passport. This type of document restricts them to a large number of limitations as they are treated as a foreigner (any non-Jordanian citizen): Not allowed to work in the public sector and need a work permit to work/get employed in private sector. Cannot become members of cooperative associations or set up a private business outside the camp boundaries without a permit. The payment of education in foreign currency (USD). The restriction of ownership right, only possible through the approval of a ministerial council. Excluded from various employment sectors including government service, law, agriculture, engineering, journalism, certified accounting and health care The deprivation of public services such as public health-care and public universities. Barred from training and employment programmes run by the government. The constrained ability to travel and be employed outside Jordan; legal status not official or satisfactory for other countries.

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They do have, on the other hand, access to both public schools and UNRWA schools upon proving residence in a camp. Regarding the ownership, they are requested to have a local Jordanian partner in any property they own and to request the approval of a ministerial council. Article 15 of the Universal Declaration of Human Rights stipulates that “everyone has the right to a nationality”. The inhabitants of the Gaza camp discern they are the conspicuously evident keepers and seekers of the “right of return” as they have not obtained any other nationality and preserved their national identity of Palestine. Their expulsion or prevention from returning has resulted in their statelessness, and so the existence of the camp keeps alive the ‘right of return’.

On the other hand, Jordan refuses strongly to grant those Palestinians the Jordanian nationality as the Jordanian people themselves feel the Jordanian nationality is a dear identity that should not be simply granted to anyone asking for it.

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Chapter 3: Experimental Grounds - the Gaza Camp

The current hot topic is that Israel wants the people of the Gaza camp, and those outside it with temporary documents, to acquire the Jordanian nationality so that the Right of Return no longer holds and disappears. This political dilemma has burdened Israel and the moment those ‘few’ stateless displaced Palestinian Arab refugees are granted a nationality and resettled in other states, the predicament is so-called resolved as all Palestinians will have a permanent stable nationality and can live happily ever after!

3.2.3 The birth of the camp “When we arrived 40 years ago, our dream was to return to our home towns in Palestine, but for now our dream is to have a decent life. 27“

Prior to the arrival of the refugees, the UNRWA had expected their coming and had prepared the camps with tents and basic services, in contrast to the pre-1950’s camps which were formed by where and how the refugees had gathered. Therefore, the camps were structured and the tents where strictly alligned. This was a result reaction to the lessons learned from the former camps where the UNRWA struggled with their organic and ad hoc morphology. This pre-construction intentionally produced more regular streets patterns and rigid grids for practical and administration reasons. According to the narration of those who witnessed and lived the experience of the migration and settlement within the “emergency” camp, upon their arrival, each family would choose a tent or settle beside the families that they were related to, or knew as past neighbors or acquaintances 28. The UNRWA had provided supporting aids that were only relief oriented such as providing sugar, rice, oil and flour, clothing, etc. In addition, the UNRWA had set special tents that would account as schools, each tent allowing around 20 students with tables and chairs. Along with these tents were the supply tents for monthly distribution, health/clinic tents, a garbage and cleaning commission, a daily kitchen for those of poor health and the children etc. Although many relief services were provided, there was no distinctive development as these services were only meant to satisfy dire needs and nothing more. The third generation of the camp’s people believe there should have been more focus on the development of the Gaza camp between all camps as their situation is not comparable with that of the other ones. Their persona non grata status in Jordan, i.e., the deprivation of identity and identification papers, denial of right of work and free traveling even throughout the country, made it mandatory that the UNRWA should have treated their camp differently, instead of equally. However, the second generation understands that it is not the duty of UNRWA to be responsible for such an “internal” political discrimination and so, they treat all refugees on equal bases. While most Palestine refugees being granted Jordanian citizenship enjoying all the related rights, those who took refuge to Jordan from Gaza strip after the Arab Israeli war were not covered by that umbrella of citizenship; as Gaza had been administered by Egypt till 1967.

THE ASBESTOS UNIT

Tulkarem, 1.40 jaffa, 4.40 Ramala, 7.60

gaza, 38.70

Figure 32. A figurative timeline of the evolution of the camp from simple tent-like structure to barracks to the shelters they are today.

Perhaps for this reason, and other ones, most Jordanians and Palestinians living in the capital of Amman and elsewhere remain unaware of the existence of the refugees in the Gaza camp and its harsh conditions prompting many experts to describe these refugees as the “Forgotten Ones”.

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2013

1975

1970

beersheba, 45.00

1968

Chapter 3: Experimental Grounds - the Gaza Camp

- Abu Ahmed, a 40-year-old resident of Gaza camp

1971 PLAN

3.2.4 The physical setting The camp is situated, fortunately to its inhabitants, in the most natural and fertile environment of the Jordanian landscape. It is surrounded by fertile plains, hills and mountains with a mild Mediterranean climate whilst enjoying the highest percentage of rain fall.

Camp allotment plan 1971

1978 PLAN

The camp is neighbored by three villages, Al Kittanah, Raymoun and Sakib. The latter is a self-sufficient village in contrast to the former two, whom quite compellingly depend on the goods and market of the camp. These two villagesâ&#x20AC;&#x2122; dependency on the campâ&#x20AC;&#x2122;s commerce was key to its survival.

Figure. 34

Camp allotment plan 1978

Unlike other Palestinian refugee camps, Gaza camp is well connected to its surroundings. This is due to a direct main street connection with Jerash city which further connects to the main cities of Amman and Irbid. Secondary roads connect the camp with its neighboring villages of Sakib, Al Kittah and Raymun or lead to olive groves, forests and a National Park reserve 29.

2013 PLAN

Moreover, the Camp is situated on a high plateau with overlooking views upon valleys and surrounding forests.

83 | Page Figure. 35

Plan of shelters in camp 2013

Chapter 3: Experimental Grounds - the Gaza Camp

Figure. 33

Jerash governorate contains two camps; the Gaza camp and the Camp of Souf. As strikingly visible in figure 36, the two camps are characterized by a very high population density, and consequently, the Jerash governorate is the second densely populated governorate in the country.

3.2.5 Narrating the conditions “Our houses were built 40 years ago as temporary shelters. Now most of the units are on the verge of collapse and any movement of the foundations could lead to their collapse. 30”

- Ali, a father of three, living on welfare handouts

Chapter 3: Experimental Grounds - the Gaza Camp

The Gaza Camp suffered and still suffers greatly from harsh conditions (freezing temperatures and heavy snowfall) every year throughout the winter season. In the past, due to the extremely cold and rainy periods, the camp’s pathways became excessively muddy and people would struggle to move around, even for essential situations of reaching the group sanitation rooms. For this reason, a couple of years later, the UNRWA decided to build basic units of 6 m x 3 m on a allocated plots of 90-110 sqm. This process was spread over more than 3-4 years building 2,000 shelters with support from emergency donations 31. Over the years, many of the camp’s inhabitants have replaced the prefabs with more durable concrete shelters, however many roofs are still made of corrugated zinc and asbestos sheets, which can cause diseases such as cancer. Furthermore, families began expanding as second generations married and built units near by, increasing tremendously the density of the populated space of the camp. In due time, an oversprawl outside the borders of the camp was necessary as people wanted to stay close to the only community who fully recognizes them and for the standard reasons that living elsewhere is completely burdensome. Narrating the humanitarian, economical and social difficulties the camp has gone through is quite lengthy and laborious. Therefore the few figures and numbers below depict the conditions of today.

Figure 36. Comparison of urban tissue between the Gaza camp and the surrounding villages and cities.

Souf Camp

Souf

Sakib

Al Kittanah Raymoun

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Jerash City Gaza Camp

Four schools in two double-shift buildings One UNRWA clinic

Per cent

27,064 registered refugees in camp 0.75 km sq

One basic hospital

Participatory approach, Jerash experience Figure 37. Age demographics of the camp inhabitants in 2013 (unrwa.org)

Of inhabitants have the 2-year temporary passports

Live under 1 $ a day

43%

53%

income below the national poverty line.

Unemployment rate

64%

65% 80% 3 class

All according to statistics by the UNRW.

27%

97.2%

Live under 2 $ a day

Citizens, with life difficult in the camp, and almost impossible outside it

shelters have roofs of zinc or asbestos sheeting (which is prohibited nationally as it causes health hazards

Chapter 3: Experimental Grounds - the Gaza Camp

Age (years)

Market and commercial shops

households encountering severe problems in winter, including leaking roofs, water seepage through walls, and shelter flooding.

One of the main problems that the people of the camp faced everyday for 46 years was the lack of a sewage system. Grey water was left to drain out into the streets creating severe environmental and health issues as well as unpleasant atmospheres everywhere due to the continuous dominant stench. However, a generous Swiss donation by the Swiss Development Cooperation has made it possible to finally dig open the streets of the entire camp to lay down a complete sewage and water system. The digging for the Infrastructure and Street Restoration project has started in August, 2013 and much was already done (about 80% of the camp) upon my visit in March, 2014. The difference of atmosphere and spatial hygiene was positively visible and with the final surfacing of the street the quality of space will be tremendously upgraded.

85 | Page

Perhaps the most challenging difficulty the inhabitants face is unemployment. Over 41% of the refugees work inside the camp, mostly in trade and commercial business where another 16% are self employed 32. The business has even sprawled outside the borders of the camp, but due to the limited resources and resulted structural morphology of the camp, the shops and market potentials are far from used to their maximum.

Chapter 3: Experimental Grounds - the Gaza Camp

With half the people of the camp working inside the camp, the other half struggles to gain employment in blue collar jobs in local constructions around Jerash, rarely in Amman or elsewhere. Therefore, income generating projects are highly appreciated and of prioritized necessity.

1971 FUNCTIONS

Figure 38. Locations of services in 1971 (Material - UNRWA workshop)

3.3 Permanent Stakeholders? Incontrovertibly, the three generations of the inhabitants of the camp are the main stakeholders with their interests primarily to be addressed. Aside the camp residents, there are some organizations that also play a role in the management and functioning of the camp, especially on the administrative and formal level being the UNRWA, DPA and the host government of Jordan. Other stakeholders are more temporary or minor according to the project they implement, or little stakes they affect in respect to the other major stakeholders.

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3.3.1 UNRWA “We provide assistance and protection for some 5 million registered Palestine refugees to help them achieve their full potential in human development 33”

- UNRWA

UNRWA services are available to all those living in its area of operations who meet the definition of a Palestinian refugee. The Agency registered anyone who needs assistance and the descendants of Palestine refugee males.

International Donors/ governments UNRWA

Jerash municipality

Co m

DPA

Local NGOs

n it y

The Agency’s services encompass education, health care, relief and social services, camp infrastructure and improvement, micro-finance and emergency assistance, including in times of armed conflict, from which the camp infrastructure and improvement and micro-finance are very recent programs added to the provided services of the agency.

International NGOs

Figure 39. Representing the stakeholders of the camp, each at their level of contribution and influence.

Chapter 3: Experimental Grounds - the Gaza Camp

Following the 1948 Arab-Israeli conflict, UNRWA was established by United Nations General Assembly resolution 302 (IV) of 8 December 1949 to carry out direct relief and works programmes for Palestine refugees beginning its operations on 1 May 1950 34. In the early 1950s, the UNRWA took over responsibility from the active NGOs working in the field such as the Red Cross and American Friends 35, spreading its work in the four fields of Jordan, Lebanon, Syria and Palestine (The West Bank and the Gaza Strip).

3.3.2 The Department of Palestinian Affairs (DPA) The DPA is a governmental body that takes care of all administrative and security matters related to the thirteen camps in Jordan. It supervises the physical infrastructure in the camps including water pipes, sewage systems, electricity and road maintenance and monitors the construction of residential and commercial units and outlets in the camps 36. Through its offices in the camps it coordinates closely with UNRWA in all aspects concerning relief and services as well as processes visiting permits submitted by Palestinians living in Gaza and the West Bank 37. Officials and researchers have to get permits from the DPA for any visit or research to be conducted, as well as any project carried out by international NGOs. The representative of the DPA is also expected to coordinate closely with his/her Palestinian counterpart in order to create a Palestinian file on the refugee conditions inside and outside Palestine. The Department of Palestine Affairs is represented by The Camp Service Committee CSC in the camp of Gaza. The services the department is supposed to deliver are: Management of camps affairs; maintenance, street lighting, garbage, etc. Support for entities and voluntary centers working in camps.

The rents of camps’ lands and the coordination with the real owners. Support of camps services committees and youth centers.

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Chapter 3: Experimental Grounds - the Gaza Camp

3.3.3 Municipality of Jerash and Ministry of Municipalities Although the municipality is not responsible for the camp in administrative or political ways, as the DPA beholds the function of the virtual municipality of the refugee camps, the municipality does regulate the water and electricity supply and major infrastructural roads surrounding the camp. Therefore, it is affected by and affects the camp through its planning and policy regulations. 3.3.4 Local NGOs Other than the permanent stakeholders are potential stakeholders that function more as active NGOs and are not always directly related as they could be a branch of the main organization in the capital or an international NGO. Beside the local NGOs, many projects have been and are proposed by international donors via NGOs or by international governments such as the German and Italian governments. The Jordanian government as well has supported many projects and services, but unless fundamental problems are not tackled from their origins, physical problems will always evolve and persist. Specialized Ministry

Main functions

Admin. in camp?

The Islamic Charity Center Society

Ministry of Social Development

Philanthropic - Sponsoring unfortunate families, and orphans; a health-clinic

Yes Main branch in Amman

Green Crescent Society

Ministry of Social Development

Philanthropic - Sponsoring orphans through social welfare and education.

Yes Main branch in Amman

Al Urwat Ul Wuthqa Charitable Association

Ministry of Social Development

Philanthropic/Humanitarian - Sponsoring orphans, children, poor families.

No Main branch in Amman

AL Monasara Zakat Committee for Palestinian People

Ministry of Awqaf and Islamic Affairs

Zakah charity - monetary support and assistance to the Palestinians people

No Main branch in Amman

The Conservation of the Holy Qur’an Society

Ministry of Culture

Religious/culture - focus on Qur’an memorization and religious activities

No Main branch in Amman

Table 7. List of local NGOs that interact and support the residents of the Gaza camp.

3.4 Potentials and Capacities 3.4.1 Current functions Today, the facilities within the camp are more than just what the UNRWA provides. In addition, a clinic was opened by a French donation, a governmental school for girls, another youth club with kindergarten and a Women Programme Center within the UNRWA compound which uses UNRWA’s buildings but functions quite separately, a gas station, a bus stop, a brick production factory, diverse shops of bakeries, butcheries, supermarkets, etc. It is quite a lively functioning city within a dense fabric of a bordered camp. A major advantage for the camp is to sell cheap products ser-

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vices due to the extreme low rents for their shops in comparison to the shop rents of Jerash city and surrounding villages. This is so, because the people have built the market and shops themselves, and not much has been spent on the acquiring of land and legal papers, therefore little is asked in return for rent. Hence, the products, especially the vegetables and fruits, are inexpensive, luring people from neighboring villages to pass by the camp and purchase their goods.

School street Public street

Palestinian street

Figure 40. Indication of all the commercial buildings within the camp. The main road penetrating the camp has commercial functions, and provides accessibility for buses, village passers-by, buyers, and on-the-way services and goods. This commercial identity extends outside the camp in search for space and opportunity. (Material - UNRWA workshop)

Chapter 3: Experimental Grounds - the Gaza Camp

Market area

3.4.2 Current problematics Shelter condition and the related issues of sanitation and infrastructure are a priority issue that should be treated, whether seen as an urgent issue or dealt with incrementally. However, thinking as an urban planner/facilitator, holistic issues of urban qualities such as open spaces, traffic and congestion, accessibility and space efficiency are of high priority due to indirect repercussions they produce unlike domestic and housing conditions that are constantly felt on a daily basis. The setback of the camp is its psychology that concretely symbolizes it as temporary, meaning that issues have to be dealt with on short-term necessity basis as the camp is not meant to permanently exist there and neither the people are meant to permanently â&#x20AC;&#x153;dwellâ&#x20AC;? within the camp. This, on the other hand, should not hinder the development towards achieving basic human rights of progress and decent urban amenities. People at the moment demand a reasonable upliftment of the quality of living; a right they have as equal as their right of return to their homelands. As obvious in the need list below (table 8), unemployment is at its foremost as the highly urgent need begging to be addressed. However, unemployment in itself is not a need; it is a status, a result of political and economical obstacles. It is the unavailability and the deprivation of the right to be employed. A true need that would tackle this issue would be a need for income-generating 89 | Page

projects; a need for more commercial endeavor, more renting stores, more retail opportunities; a need for vocational training and sufficing workshops to house such activities; a need for handicraft local factories for women, a need for more local buses to bring back and forth shoppers and camp-goods consumers from the city and surrounding villages, etc. The problems the camp faces are multi-faceted and multi-layered. Regarding spatial matters, on the urban level: Camp common Need List Tackle unemployment Renovating camp streets: . widening main streets and maintaining them . controlling streets violations (especially ones done by vendors) . expanding and lightening campâ&#x20AC;&#x2122;s streets . enhancing streetsâ&#x20AC;&#x2122; hygiene Solving the garbage problem (especially at Thursdays and Fridays and introducing garbage compactors) . Increasing number of garbage containers with well geographical distribution

Rehabilitating substandard shelters of the camp: . Solving rainwater Leakage into shelters caused by street level differences . Solving level differences among neighboring old and new shelters

Higher priority Solving water scarcity problem and its regularly interrupted supply (equity in water distribution) . Raising awareness among refugees of water quality sold in the camp Facilitating medical treatment exemptions Transportation . Providing proper direct transportation from/ to the camp . Providing public transportation trips on Friday Initiating recreational spaces and amenities in the camp

Lower priority Granting constitutional rights to Gaza refugees in Jordan Solving the rodents and insects problem

Increasing educational financial support and subsidies especially to those who attend private universities Forming a local committee representing Gaza camp refugees at the UNRWA Observing the necessary facilities for the elderly and people with special needs regarding mobility facilitation Reducing violence in the camp and providing the camp with security patrol Improving health care at UNRWA clinic (by Increasing number the of doctors ) . Improving dental care at UNRWA clinic (by Increasing number the of dentists ) . Applying gender separation at UNRWA clinic waiting areas

Table 8. Need list of the camp residentsâ&#x20AC;&#x2122; mainpriority needs produced by UNRWA (UNRWA workshop).

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Figure 41. Pictures viewing the vocational workshops and storage units that serve as a living for many of the residents. The space and efficiency the workshop have is minimal and so, many trespass towards the street and are responsible for the traffic congestion of cars in buses on the main street. Figure 41

Figure 42. Although the main road leading towards the camp creates a strong spine for the urban tissue, the spineâ&#x20AC;&#x2122;s ending is completely out of order and an efficient filtration of car traffic is not foreseen. Although the road continues towards the next villages, the accessibility is not direct and smooth. Figure 42

Figure 43 & 44. Pictures depicting the car traffic that is both hazardous and chaotic, both in the main road and the market district. Figure 43

Figure 44

Figure 45. The circulation system of car traffic ending from out the spine is not efficient, and cars once they enter the domestic tissue cannot leave easily (one way narrow streets).

91 | Page Figure 45

1. Street morphology and conditions Bottle-necked congestion, inaccessibility to many areas by cars and even pedestrians, violations of prohibited parking places and the commercial extension on the main street, unsafe and dangerous junctions, and similar related issues. 2. Market district An important problematic which is an asset and a problem simultaneously is the market. Its ill-managed infrastructure and non-provided services such as water and electricity condemn it currently as unfavorable place. However, the inexpensive prices of its goods is what keeps the market alive. Simple regulations, maintenance and guidelines could transformed it into a supporting asset. The 3. school street and the 4. bus stop are of urban issues rather simple but difficult to tackle altogether. Even though the camp is located within the formulation of marvelous mountain hills and valleys of evergreen trees and forest, the camp has an 5. intolerable scarcity of greenery and open space. On the more domestic level; 6. Poor shelter status and quality is the most obvious along with the 7. lack of infrastructure and adequate water piping system. This issue has now been handled, and it is safe to declare that the quality of life of the camp will be tremendously enhanced. 8. Scarcity of water, a vital facility, should be enhanced throughout the works of the Infrastructure Project, however, this is not to be sure of, especially as storage tanks are still not foreseen and the roofs of the houses do not allow for such tanks to be kept. Finally, as mentioned in the need list, 9. proper garbage collection is more of a community issue that can somehow be easily managed.

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The unbudgeable border As evident in the illustration below, there is an invisible yet strongly presence of the border that encompasses the camp. This border is both political and technical. It is a sum of the privately owned plots, hence, the campâ&#x20AC;&#x2122;s shape is formulated by these adjacent lands and the border line is delineated between the hired private land and the next private one not hired by the UNRWA. For political reasons, the camp may not expand its border by even a few meters. No matter how much the camp population may grow into, or the density and over-crowdedness may be resulted in, the campâ&#x20AC;&#x2122;s border is not allowed to budge. Chapter 3: Experimental Grounds - the Gaza Camp

Figure 46. Confined territory of the camp with an oversprawl of camp dwellers to the East and the village of Haddadah to the West.

This strict rigidity stymies further development as new developing functions clearly need space to be established. However, people survived the cruelty of political sovereignty and have found their ways to acquire adjacent land resulting in an exploding over-sprawl of the camp towards its east. For now, the surrounding areas of the camp are spaciously unoccupied and open, but it is not known for how long until the density of the camp will be replicated all around it. One can easily notice the difference of density, hence the quality of space, between the camp and the bordering village of Haddada on the West side. Much freely spread and unconfined, it breathes naturally unlike the suffocating camp. During the workshop, the issue of the border has been most crippling of any project suggestion, as the UNRWA is not entitled to rent anymore land and does not have the financial capability of buying the land either. People of the camp as well, do not have such capability to buy land to implement functions other than for their own sheltering and thus, further projects outside the camp are halted.

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On the bright side, the borders of the camp are extremely steep making them quite unfavorable for building and urbanization. This is seen as an advantage as the current Jordanian owners of the land will not be thinking, most probably, of building on their land or even utilizing the fertile soil as agriculture unless the land is designed and treated to be used for so. Not that steep slopes are not inviting for architectural designs, on the contrary, they provide much potentials, yet not for simple housing units. Therefore, if these adjacent lands are bought, and for relatively inexpensive prices compared with other more leveled ones, prosperous projects can be erected on them, being both as close as possible to the people of the camp to benefit from, and using more spacious land for extending outdoor activities and needed functions. 3.4.3 Current involvements â&#x20AC;&#x153;In order to achieve our vision, We Volunteers office of community development in the Gaza camp, seek (a) to promote volunteerism, activate youth leadership, mobilize and coordinate efforts of individuals and institutions inside and outside Gaza Camp, (b) to implement activities to contribute to achieving economic, social development and strengthening human right awareness and (c) to ensure transparency, credibility, accountability and respect for the dignity of the local community through kind treatment. 38â&#x20AC;? Community Development Office - CDO In September 2007, the Community Development Office as part of a project to support the refugee camp in the Gaza Strip, was realized by a fund of the European Union and implemented by the UNRWA. The CDO adopts a participatory approach to development, which is believed to enhance the sustainability of the Office and its impact meaning, on the one hand, building capacities of individuals in the Camp, and on the other, ensuring that the implemented activities reflect what the community believes are a priority 39. Talking to some volunteers who have been part of this office for three years, they believe the office offered extensive activities and truly assisted in a change of perspective and change of thought and even to a small extent, a change of individual personality and status. The office is now more than six years old, and has been funded annually by the European Union quite generously. However, this funding is now stopped, for the office to stand on its own feet. According to UNRWA field workers, they seem disagree if the office is ready for that or not. In any case, the foundation of this local representative of young volunteers of the camp still exists, and with a strong focus and an activated leadership and guidance, much of the CDO can be expected. CDO members are divided into committees, and each committee has received specific training to master specific volunteering activities and roles. Such committees and improved expertise can come handy for the proposals aimed for in the following chapter. The successful accomplishments are mainly in the education sector with awareness campaigns and Scholarships Programs, IT Capacity building Programs, English Language Teaching Programs effectively advanced many needy students of the camp. The office consists of seven committees, each with a specific roles to address. These committees are: Page | 94

1 2 3 4 5 6 7

This displays the immense potential the CDO office offers. It provides both (1) the active energy of volunteerism and (2) a local base with an “insider” insight of the true needs and interests of the camp community ensuring the sustainability of this office as the volunteer members will continually be available and renewed, striving for involvement for a better society for themselves. Infrastructure and Camp Improvement Program (ICIP) - UNRWA “Under international law, refugees have—as does everyone—the right to an adequate standard of living, including housing, without prejudice to other rights they enjoy as refugees. 40” - UNRWA

Launched in 2007 to address the deteriorating environments of the camps, the Infrastructure and Camp Improvement programme (ICIP) operates on the premise that the spatial and environmental conditions in which Palestine refugees live cannot be divorced from their livelihood or well-being 41 . Consequently ICIP adopts an integrated, comprehensive, participatory and community-driven improvement of the built environment of Palestine refugee camps, utilizing urban planning tools 42. The Programme has been funded by BMZ / the Government of Germany since 2007, with its funding deadline set for December 2013, and works to repair and improve shelters, schools, health clinics, community centers and public spaces in order to resolve these pressing problems through preparing comprehensive urban studies and plans to improve camp infrastructure 119. Since the establishment of the UNRWA in 1948, the creation of this program in 2007 means that it is fairly new. Therefore the program is prone to trial and error approaches. Perhaps it is skepticism, perhaps it is the reality that the Agency is running short of financial funding, thus projects rarely shift into the next stage of implementation. Projects usually have a life cycle of research and feasibility studies, design and implementation, then finally reviewing and monitoring. However, the agency admits that shortage of funds has been a strong factor that hindered the continuation to the second stage. In the words of the director of UNRWA operations, Richard Cook he states unhappily that “in my twenty-four years with the Agency, during which time we have faced many crises, not least of

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Many volunteers are now trained and skilled to carry out fundraising campaigns, awareness campaigns, home-based cooperatives, training workshops, etc. In addition, they have established a connection network with other NGOs, donors and interested actors for support, volunteering and partnership cooperation.

Chapter 3: Experimental Grounds - the Gaza Camp

which has been the chronic funding problem, I have never known the Agency face the situation it finds itself in today 43”, referring to the struggling with the reality of the Agency’s serious financial problem. Participatory Platform The participatory process the UNRWA demands before it delves into the application of the project is still a very new concept and practice for UNRWA and the residents themselves. Indeed, such grappling on issues of creating a participatory platform with pure community involvement is a long process, proven so in projects outside the camps as well. However, the efforts are positive and continuing in spite of their laggardness. The field work employees of the ICIP department are conducting still many meetings and gatherings with the local community and some representatives, the DPA, some municipality agents, partners, etc. As much as I applaud UNRWA’s insistence on participatory approaches, inclusiveness, employment of local contractors and camp’s youth, the true resulted outcomes one can benefit from most of the UNRWA is their research materials, comprehensive databases of the residents of the camp and their initial frameworks they provide as a preliminary basis for projects and proposals. As Muna Budeiri, the deputy director of infrastructure & camp improvement at UNRWA Head Quarters advised me during an interview, the UNRWA’s best asset to any bottom-up community project other than its own projects is their technical and advisory assistance. As long as the assistance asked from them lies outside financial means, they are willing to provide research knowledge and information, needs list, technical assistance of their varies departments, etc. 3.4.4 Potentials and capacities There is not a deprived place, but is compensated with supplementary creative energy, will power and a pursuit for facing the hardships and obstacles in ways normal unmarginalized and fortunate people will not perceive instinctively. There are a few prospects I perceive as promising assets that can be readily utilized for the betterment of the camp, if only opportunity finds its way towards them. The most conspicuous of them are: Human capital Volunteerism Education Human capital Human capital is indisputable an asset, but educated human capital is certainly an added value. Since the very early days of the Palestinians’ exile into the foreign world, education has been a pursuit of every family for matters of survival not as much as knowledge and prestige. Additionally, education was a path towards independence; an enlightened society with literate and mindful members as Palestinians for long have been the highest number of educated among the Arabs. For the sake of the camp, education is still rooted within the ideals of the families till today. However, only 6.5 per cent of the camp’s residents can afford to enroll for a Bachelor’s degree, 0.3 per cent a Masters, and 0.1 per cent a PhD . As education in Jordan is considerably very expensive, the obstacles of employment opportunities, the exclusion from various employment sectors including government service, law, agriculture, engineering, journalism, certified accounting and

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health care, the prohibition of become members of cooperative associations or set up a private business outside the camp boundaries without a permit, the barring from training and employment programmes run by the government are additional devastating impediments they need to cross to achieve such dreams.

Charities As thoroughly explained in the first chapter, the willingness of offering charity in the Jordanian and Muslim society can never be extinguished or perish with the contemporary life. The reasons for that have been pointed out, and fortunately the camp has always had a steady pouring of such support being monetary or non-monetary. This speculated hypothesis has been supported by members of the camp who have worked with donating local and nonlocal NGOs, stating that there is a vast sum of monetary donations that enter the camp, especially at the times of Ramadan, however most of that goes into direct cash distribution. Vacant buildings The saturation of built area in the camp essentializes the need for vacant lots and more diverse functions within the congested housing of the camp. The mapping of UNRWAâ&#x20AC;&#x2122;s ICIP studies have indicated vacant building within the camps urban tissue that are not inhabited anymore. These buildings can be either easily torn down, as the materials and construction of the building are not of high value and spaces and functions will find place for a variety of projects that can be initiated within the borders of the camp. These vacant shelters are quite evenly distributed within the camp providing opportunities that are balanced on both sides of the main spine.

Topography As depicted formerly, the borders of the camp descend into valleys all around the camp. One can visualize the camp as a small kingdom settled on the plateau of an elevated hill, surrounded by green forests of olive orchards and pine trees. This topography, as any architect knows, opens up opportunities for levels and categorization of function providing potentials of subtle segregation of gender and age groups and assisting in forming volumes that do not seem imposing or alienating.

Fertile soil The governorate of Jerash is one of the more fertile governorates of the country being part of a small strip of a green patch within the rocky mantle that covers most of the Jordanian land. Olive orchards are conventional agricultural crops of this part of the country, however a broad array of crops can be grown there due to rain fall and suitable climate. Many refugees have a seasonal job in these groves, conducting the majority of the necessary work of collecting olives and maintaining the trees.

THE ASBESTOS UNIT

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Nonetheless, the few who did and do study are a potential educated capital. The Campâ&#x20AC;&#x2122;s fresh graduates posses degrees in engineering, business, marketing, economy, It, journalism and much more. Many of these students, being still enrolled and studying or graduates but unemployed, are now volunteering in the CDO and other local committees and many are trustworthy and highly skilled for various specific tasks and duties.

. No need for many parking space (not many owned cars, village shoppers are passers-by) . Street behind UNRWA compound could be subsituted with School Street.

. Unsafe streets (congested traffic) . Large sections of camp tissue unaccessable for emergencies . Main road does not filter traffic troughout its length, only at the end . One-way streets . Weak relationship between tissue on spine . Absence of successful focul center

S W O T. Street violation by workshops

. Bus stop location and maneuverability . Steep slopes . Market loading trucks . Tension between camp and Haddadah village

. The Market district and the diverse production services of the local commercial shops. . UNRWA schools and compound, govermental girls school, French clinic, gas station, brick factory, camp cemeteries,

. Water scarcity although natural spring nearby camp (regulated by Jerash municipality)

S W O T. High voltage electricity poles

Table 10. A SWOT analysis of the urban services provided in the camp and their conditions.

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. Pop - up markets . Vacant shelters . Potenial open spaces along domestic streets. . Agricultural lands surrunding camp . Industrial/handicraft workshops . Infrastucture project (ongoing)

Table 9. A SWOT analysis of the urban conditions and vehicle circulation within the camp.

exposed on streets . Garbage violation and exessive wastes from market and other areas.

Urban services

Urban conditions and circulation

Chapter 3: Experimental Grounds - the Gaza Camp

. Strong access axis (main road) . Direct connection with adjacent villages . Transportation buses and private cars to and from Gaza camp . Passing connection to Dibbeen forest . Commercial shops along main road (often more than one-storey)

. UNRWA compound for afternoon workshops and children play area . Social capital

. No space for social functions (Wedding parties, graduation celebration, etc.) . No outdoor recreation spaces, playgrounds, football fields, etc. . No entertainment functions . Lack of greenery inside camp

S W O T. Valley pollution . Ecology pollution due to sewage wastes.

Table 11. A SWOT analysis of the quality and availibility of public spaces in the camp.

Chapter 3: Experimental Grounds - the Gaza Camp

Public spaces

. Two natural forests around the camp . Intimate streets (neighborhood districts) . Male common rooms . Public gatherings at bus stop and mosque square

Figure 47. A map elucidating the main assets of the camp (Material - UNRWA workshop).

UNRWA compound

Market

Bus stop Palestinian commercial street

Girlsâ&#x20AC;&#x2122; government school

Camp Cemetery

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Notes 1

See Said, Edward W. “The Palestinian right of return: An interview with Ari Shavit.” 2001. See Hammoudeh, Ayman Jaber. So we don’t forget - Beit Dajn, Yafa . Amman: Ward Books, 2011. 3 Hammoudeh. Ibid. Pg. 39, 2011. 4 Hammoudeh. Ibid. Pg. 48, 2011. 5 Hammoudeh. Ibid. Pg. 49, 2011. 6 Hammoudeh. Ibid. Pg. 56, 2011. 7 Hammoudeh. Ibid. Pg. 56, 2011. 8 See HIAS Board of Directors. “Israel’s Asylum Procedures and the Prevention of Infiltration Law”. 6 Mar, 2012. Available online. < http://www.hias. org/uploaded/file/Israel%20-%203_6_12.pdf>. 9 See Al Abed, Oroub. “Palestinian refugees in Jordan .” 2004. 10 Al Abed. Ibid. 2004. 11 Al Abed. Ibid. 2004. 12 Al Abed. Ibid. 2004. 13 Al Abed. Ibid. 2004. 14 See Abu Sussein, Hussain. Personal Interview. 18 April 2014. See interviews. 15 See Ward, Miriam. “Palestinian right of return basic to peace.” 2001. 16 Ward. Ibid. Pg.19, 2001. 17 Ward. Ibid. Pg.19, 2001. 18 “Palestinian refugees and the Right of Return”. Palestinian Solidarity Campaign Fact sheet. Feb 2010. 19 See Richter-Devroe, Sophie. “‘‘Like Something Sacred’’: Palestinian Refugees’ Narratives one the Right of Return.” 2013. 20 See Smith, Pamela Ann. “PALESTINE: The forgotten refugees.” 2006. 21 Smith. Ibid. 2006. 22 Al Abed. Ibid. 2004. 23 Al Abed. Ibid. 2004. 24 See Website “Jordan | UNRWA.” UNRWA. 25 Al Abed. Ibid. 2004. 26 Al Abed. Ibid. 2004. 29 Aerts , Jasper, Charlotte Dhollander, Valentine Gruwez, and Tom Lanlus. Studio Palestinian Refugee Camps: Jerash Camp. UNRWA workshop, KU Leuven. 5 - 10 February 2014. Unpublished. 30 Ben Hussein, Mohammad. Ibid. 2008. 31 See website “Jordan | UNRWA.” Ibid.

Chapter 3: Experimental Grounds - the Gaza Camp

Dabash, Dina. “Participatory approach, Jerash experience.” UNRWA Workshop: Jerash Camp. KU Leuven, Leuven. 5 Feb. 2014. Presentation.

See website “Who We Are UNRWA.” UNRWA.

“Who We Are UNRWA.” Ibid.

Al Abed. Ibid. 2004.

Al Abed. Ibid. 2004. See website “Gaza Camp, Jordan , Background Paper, The Community Development Office”. Arab Nyheter. 39 “Gaza Camp, Jordan , Background Paper, The Community Development Office”. Ibid. 40 See Website “Infrastructure & Camp Improvement.” UNRWA. 41 “Infrastructure & Camp Improvement.” Ibid. 42 “Infrastructure & Camp Improvement.” Ibid. 43 See Cook, Richard. “Briefing, Host and Donors’ Meeting on 19 November 2009”. 2009. 38

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