Refugees

In 1948, in response to the mass displacement of our refugees, the United Nations General Assembly passed Resolution 194, including paragraph 11 which provides, in part, that:

…the [Palestinian] 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, and that 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 endorsed the right of our refugees to choose whether to repatriate to what is now Israel or to be resettled elsewhere, and codified the accepted principles of customary international law. It has been reaffirmed by the General Assembly every year since its adoption.
The right of return for our refugees also is well-established under other international law, including:

• The Universal Declaration of Human Rights (adopted in 1948): “Everyone has the right to leave any country, including his own, and to return to his country” (Art. 13(2)).
• The International Covenant on Civil and Political Rights: “No one shall be arbitrarily deprived of the right to enter his own country” (Art. 12(4)).
• The UN Sub-Commission on Human Rights Principles on Housing and Property Restitution for Refugees and Displaced Persons: “All Refugees and displaced persons have the right to voluntarily return to their former homes, lands or places of habitual residence, in safety and dignity” (Art. 10.1)… “Refugees and displaced persons should be able to effectively pursue durable solutions to displacement other than return, if they so wish, without prejudicing their right to the restitution of their housing, land and property” (Art. 10.3).

Our vision requires a just solution to the Palestinian refugee issue in accordance with international law, and specifically UN General Assembly Resolution 194. A just solution must be based on the right of return and reparations. Our position on refugees is also included and supported in the Arab Peace Initiative (API), which calls for “a just solution to the Palestinian refugee problem to be agreed upon in accordance with UN General Assembly Resolution 194.” A just solution to the refugee issue must address two aspects: the right of return and reparations.

Right of Return

Key to the resolution of the refugee issue is Israel’s recognition of the applicable principles and rights of the refugees, including our refugees’ right to return to their homes and lands. Israel’s recognition of the right of return will pave the way to negotiating how that right will be implemented. Choice is a critical part of the process. Our refugees must be allowed to choose how to implement their rights and normalize their status. The options for our refugees should be: return to Israel, return/resettlement to a future Palestinian state, integration in host states, or resettlement in third-party states. Rehabilitation in the form of professional training, education, medical services, provision of housing, etc will also be a necessary component of each of the options.

Reparations

Reparations consist of three elements. The first is Israel’s recognition of its role in the creation and perpetuation of the Palestinian refugee upheaval. While Israel may have its own narrative to explain the circumstances surrounding the creation of the Palestinian refugees, it is undeniable that when our refugees sought to return to their homes, Israel systematically, and adamantly, blocked their efforts. To this day, Israel continues to deny their right to return. Israel must acknowledge unequivocally its responsibility for these actions if there is to be a just, peaceful, and sustainable solution to the conflict.

Restitution is the second element of reparations. Under international law, restitution is the primary remedy for property that has been confiscated arbitrarily. If restitution is materially impossible, or where the damage will not be made whole by restitution alone, or if a refugee chooses compensation in lieu of restitution, that compensation must be full and complete. Alternatively, compensation in-kind may be offered in the form of vacant land in Israel.

Compensation is the third element of reparations and is comprised of three categories. Compensation must be made for property that cannot be restituted (or if the refugee chooses compensation in lieu of restitution), for material damages (personal items, livelihood, etc.) and for non-material damages (pain and suffering resulting from longstanding displacement).