BADIL Interview:with Yael Stein

BADIL: What has led B'tselem to take on thisissue of the Palestinian refugee question and the right of return?
Yael Stein: Formally speaking, the issue of refugees is outside our mandate because our mandate is restricted to the West Bank, including East Jerusalem and the Gaza Strip. When the final status negotiations started we thought that it would be impossible not to deal with the final status issues because an agreement will be signed on them and these issues have a human rights dimension.

BADIL: When did you start to work on the refugee question and the right of return?
YS: It was more than a year ago, maybe even two years ago. We decided that the issue of the mandate is really too formal and we should not stick to it. Refugees are part of the conflict and it would not be proper to distinguish between the refugees of 1967 and 1948. So we thought we should write a position paper on this issue. As an Israeli human rights organization we must have input especially if you consider how the discussion is going.

BADIL: From which angle are you approaching the issue?
YS: We focus only on the human rights perspective. We are aware of the fact that the human rights perspective can be limited
sometimes and that it cannot give an answer to all the questions. But what struck me most when I started to get into the issue of the right of return is that you can hardly find anybody who looks at this issue from a human rights perspective. The issue is so political.

The Israelis look at the right of return as a Palestinian political goal and not as legitimate human rights claim, but rather as some political goal. I think there is no other issue where the legal interpretation is so strongly based on the political position of the writer. And the Palestinians also use it as a political tool; they do not push the human rights agenda of it.

It is our purpose to show that it is not a political question, but that it is human rights issue - at least that there is a strong human rights dimension in this issue. We are not dealing with crazy people who want to throw the Israelis out of the country and the Israelis want to throw out the Palestinians. It is a recognized human rights issue all over the world. Of course there are specific questions involved in the Palestinian refugee case. I don't know of another people in the world that has been displaced for so long and in such large numbers.

BADIL: What are your references and standards specifically?
YS: There is the Universal Declaration of Human Rights, the Convention on Civil and Political Rights, and the practice of the High Commissioner on Refugees. There is a problem with Palestinian refugees in the sense that Palestinian refugees are not part of the international refugee regime and UNHCR, but we are trying to conclude from UNHCR's practice, the practice that should be applied to Palestinian refugees. We are trying to check what happened to other refugee populations in the world - and then there are of course the UN resolutions, humanitarian law of course, and state succession laws.

BADIL: So what are the most difficult and challenging questions that come up when the right of return is tackled by an Israeli human rights organization?
YS:
I must say that I personally don't feel that Ideal with this issue differently because I am Israeli. I might be more aware of the problems of marketing the issue. It is almost impossible to market. The main problem is not the legal questions, although there are some, but the main question is that, ok, there is a right of return but how do we implement it? I mean that the Israelis who live in the places of the refugees have been living there for fifty years, they have grandchildren, and you cannot just say they can go away and vacate the place for the refugees. They have rights too, so we have a situation of conflicting rights here. This is where we are at this point.

BADIL: Do you have any ideas about how you will go about marketing and raising this issue?

YS: Not precisely. I know that it will be more difficult to market than any of the other issues we have dealt with, it is a real bomb. And we will have to pay a lot of attention to marketing, something we haven't done yet. Other than that, we will go about it as usual. We will publish a report, we will have a press conference, and people will be very angry. I don't see any other option. I don't see that we can leave it in our office drawers just because it is too difficult. It will be important to choose the proper timing.

BADIL: Do you have an idea when the report will be finished?
YS:
I hope in six months. I still don't have the bottom line. I still don't know how we should deal concretely with the question of implementation. Of course there is an easy option. We could just say there is a right of return and it is not our problem what to do about this. But then, on the other hand, the fact that there is a rights violation does not necessarily mean that the reversal of this violation is the only remedy.

There are other solutions under international law.So the question of implementation remains the main problem. At the same time, I feel it is important to state that there is a right of return, to state that and to have it acknowledged by the people and the Israeli government. To acknowledge that we did something wrong and that now we have to see how to solve it, and that we will participate in this solution.

BADIL: What would you consider a success inthe case of this report?

 YS: We expect that we will contribute to the debate.
If it initiates a serious debate about it, this would be a success in my eyes. If nobody relates to it seriously it would be failure.

BADIL: How do you see the Palestinian work on the right of return, especially publications issued by Palestinian organizations?
YS:
From the material I have seen I can say it is really good. But I haven't seen anything on the question of implementation. Maybe I overlooked it or just couldn't find it, but I haven't seen anything on the question of implementation. I think that for the Israeli public this is the most important thing, because the Israeli public is so frightened. I am not trying to justify them, I am just describing the situation. The right of return is really threatening to Israeli society so they speak about the Jewish right to self-determination and the Jewish character of the Israeli state.

I think these issues should be addressed. I think it would calm Israelis if they really understand what we are speaking about. The fear of five million Palestinians just flooding into Israel is so great and there is nobody to tell them that, first of all, we are talking here about a right that not all Palestinian refugees might wish to exercise and that you would be able to stay in your homes. So I really think the issue of implementation must be addressed and I haven't seen any reference to that.

BADIL: We have this impression that at least among the Israeli negotiators who stayed with the negotiations until the end, there was a  realization that an agreement on the refugee question could not be marketed on the Palestinian side if it violated too obviously international principles and UN Resolution 194.
YS:
Yes, this is an important point that will be raisedin our report. Because the issue of the refugees is an  individual human rights issue it can't be negotiated away in political negotiations. Refugees must have a choice and they must be part of the decision. It can't be that Arafat and Sharon will be sitting together and closing an agreement and say, "well, there is a right of return and we will let one hundred people return to Israel, 5,000 will stay in Jordan, and 300,000 will stay somewhere else." I mean this cannot happen.

It is a human rights issue. It is an issue of individual human rights that people must decide by themselves. It cannot be that an agreement is closed behind their backs. While I am not saying that the refugees themselves will forget their rights, but I am saying
that because people are so tired now after these nine months, especially the Palestinians, but also the Israelis, that they might feel it is a good time now to close something, to find an arrangement