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  Permenant Issues - Refugees

Background

During the war of 1948, some eight hundred thousand of the approximately nine hundred thousand Palestinians who originally resided in the area that became Israel, were forced to leave their homes to seek refuge in the West Bank and Gaza Strip, Jordan, Syria, Lebanon, Egypt and further afield. Approximately 400 villages and towns depopulated by the Jewish armed forces under the cover of the war were razed to the ground. Historical research, carried out in part by Israeli historians, reveals that these events were carried out with the aim of establishing an ethnically homogeneous Jewish State.

The injustice inherent in these ethnically-motivated mass expulsions was internationally recognized. For example, UN Mediator Count Folke Bernadotte stated that: "It would be an offence against the principles of elemental justice if these innocent victims of the conflict were denied the right to return to their homes, while Jewish immigrants flow into Palestine" (UN Doc Al 648, 1948).

In response to these events, the UN General Assembly adopted Resolution 194 on December 11, 1948, calling for the return of the refugees. Paragraph 11 of the Resolution states that: "...the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date... compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible." Resolution 194 was affirmed practically every year since with almost universal consensus -- the one constant exception being Israel.

Resolution 194 restated and reaffirmed a well-established norm in international law and practice, namely the right of return. This norm is reiterated in several international law instruments such as Article 13 of the Universal Declaration of Human Rights which states that: "everyone has the right to… return to his country." In practice, this right has been exercised recently in various parts of the world such as Central America, the Balkans, Southern Africa, and parts of Asia.

The universal recognition of the right of refugees to return to their homes is not only legal and moral in character. It also responds to practical necessities and considerations. The return of refugees is an essential component of generating public confidence in peace: it plays an essential part in validating and stabilizing the post-conflict political order. The return of refugees is an essential part of the transition to peace, rather than simply a result of it. The end of a conflict is inconceivable without bringing closure to refugee problems.

The stability generated by the return of refugees is an essential element of any post-war security regime. This was most recently recognized in Article 22 of the Charter for European Security, adopted by the Organization for Security and Cooperation in Europe, which states: "We reaffirm our commitment… to facilitate the voluntary return of refugees and internally displaced persons in dignity and safety. We will pursue without discrimination the reintegration of refugees and internally displaced persons in their places of origin."

Palestinian position

The Israeli authorities have constantly refused to allow the refugees to return to their homes. In addition to being a contravention against international law, basic human rights and United Nations resolutions, this refusal also contravenes the agreed basis for the permanent status negotiations, namely Security Council Resolution 242, which calls for "a just settlement of the refugee problem". To date, General Assembly Resolution 194 remains the only internationally agreed basis for a just settlement of the Palestinian refugee problem.

In order to bring the Palestinian-Israeli conflict to an end, and so as to reach a peace settlement that is indeed "just and lasting", the refugee problem has to be definitively resolved. To that end, Israel must recognize its responsibility for the forced displacement and dispossession of the Palestinian people and for the subsequent prevention of their return to their homes. Besides its symbolic significance, such recognition entails Israeli responsibility for the eventual resolution of the problem.

Israel must recognize the right of the Palestinian refugees to return to their homes. Every refugee should be permitted to return if he or she chooses to do so. This should be done pursuant to a detailed repatriation plan that includes the modalities, timetables and numbers for a phased return of the refugees. This plan must ensure the safety and dignity of return in accordance with international human rights norms.

In addition to enabling their return, Israel must compensate the refugees for the damages inflicted upon them as a result of their dispossession and displacement. Refugees are entitled to compensation for loss of or damage to property, personal injury, mental pain and anguish, and any other damage arising as a result of their displacement and dispossession. Palestinian refugees are entitled to compensation whether or not they choose to exercise their right to return.

Moreover, real property owned by the refugees at the time of their expulsion should be restored to its lawful Palestinian owners or their successors. International law regards private ownership as sacrosanct. Accordingly, the various discriminatory laws and administrative schemes, notably the Absentee Property Law, enacted by the Israeli authorities since 1948 to seize the property of the refugees and transfer it to the state of Israel, its agencies, or to the hands of Jewish individuals must be repealed and the seized property should be restored whether the refugee chooses to return or not.

To date, Palestinian refugees and their descendants constitute the largest and most longstanding refugee population in the world. Keeping such a population without connection to, or inclusion in peace will contribute to the perpetuation of the conflict. Only a just settlement of the refugee problem based on Resolution 194 could lead to the achievement of a truly lasting and comprehensive peace in the Middle East.


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See also:

Palestine Remembered website

Palestinian Refugees: Past and Present

From Fast Death to Slow Death: Palestinian Refugees from Iraq Trapped

78 Palestinian Refugee Organizations Write Letter to President Mahmoud Abbas

For the First Time in Israel’s 60-year History: Knesset Focuses on Palestinian Refugees

UN Fourth Committee (Special Political and Decolonization) Recommends Four Resolutions Concerning UNRWA

Palestinian Nakba in al-Ramla

Palestinian Refugees: FACTSHEET

United Nations: Palestine Refugees Discussed During International Conference

UN International Conference on Palestine Refugees Opens in Paris

Ban Ki-moon: Peace Must Include Solution for Palestinian Refugees

FACTSHEET:The Right to Return, a Basic Right Still Denied

Lost Palestinian Refugee Camps on UN-Google Earth Map

Muhammad Jaradat: Reflections on the Palestine Return Movement

UNRWA, UAE Red Crescent Society Embark on Large-scale Camp Rehabilitation

Palestinian Refugees Living in Diaspora

UNHCR: Situation of Palestinians on Iraq-Syria Border Deteriorate

Unregistered Palestinian Refugees in Lebanon Hope Major Changes Are in the Offing

No-Man’s Land: Palestinian Refugees in Syria

Squalid Conditions at Jerash Camp for Palestinian Refugees

Ten Facts about the Nakba

Unprotected among Brothers: Palestinians in the Arab World

Internally Displaced Palestinians Challenge Israel’s Confiscation of Their Land

Salman Abu Sitta on Palestine: Back to Roots

UNRWA Report: The Situation of Palestine Refugees in South Lebanon

Lebanon: Slum Conditions Deteriorating for Palestinian Refugees

Concluding Statement of the Fourth International Convention of Al Awda - The Palestine Right to Return Coalition

Calls To Disband UNRWA Rejected

The Palestinian Diaspora: A History of Dispossession

PALESTINIAN REFUGEES: FACTSHEET

Palestinian Refugees in Egypt Face Major Obstacles

UNRWA’s Advisory Commission Opens First Regular Session

Landmark Resolutions on ‘Middle East Refugees’ Introduced in US Senate, House of Representatives

Palestinians in Syria

Amnesty International (AI): Long-standing Suffering of Palestinian Refugees in Lebanon

Statement by UNRWA Commissioner-General to Organizational Session of the Advisory Commission

UNRWA’s Newly Expanded Advisory Commission Holds Its First Meeting in Amman

UNRWA Emergency Appeal 2006

Twenty Countries Pledge Contributions Amounting to $73 Million for UNRWA’s 2006 Budget

UNRWA Commissioner-General Karen Koning Abu Zayd’s Statement to Hosts and Donors: 14 to 17 Nov 2005

Kofi Annan’s Message to UNRWA’s Hosts and Donors Meeting in Jordan

Israeli FM Silvan Shalom to UNRWA chief Karen Koning Abu Zayd: Transfer UNWRA to Palestinian Authority

Permanent Observer of Palestine: Israeli UN delegate’s Statement on Relationship with UNRWA Full of Distortions

UN General Assembly Fourth Committee (Special Political and Decolonization) Considers Work of UNRWA

The Palestine Center and The Jerusalem Fund Report: "A Changing United Nations - The Future of Palestinian Refugees"

UNRWA Emergency Appeal 2005 - Special Report

Amnesty International’s Report on Non-ID Palestinian Refugees in Lebanon

The Palestinian People Must Have the Right of Return

Has the World Forgotten Sabra and Shatila Massacre?

UNRWA 70-question Survey on Palestinian Refugees Underway

‘Frontiers Association’ Report Blames Lebanon for Palestinian Refugees’ Plight

Refugees - UNRWA Report for 2005 - 2009

Syria: Focus on Palestinian Refugees

Palestinian Refugees: Facts and Figures

Palestinian Refugees and the Right of Return: An International Law Analysis

UNRWA’s Commissioner-General Peter Hansen Reports to United Nations Fifty-eight General Assembly on Palestinian Refugees