1. Future of the Palestinian Refugees under the Current Political Settlement:

The Rabat Declaration on the Rights of Palestinian Refugees
Issued by The Third International Conference of the Human Rights Movement in the Arab World The Cairo Institute for Human Rights Studies (CIHRS), in cooperation with the Moroccan Organisation for Human Rights and the Euro- Mediterranean Human Rights Network (EMHRN), with the participation of experts and representatives of Arab and international human rights organisations, and with generous facilitations from the Moroccan government, organised the Conference on the Future of the Palestinian Refugees under the Current Political Settlement/the Third International Conference of the Human Rights Movement in the Arab World from the 10th to the 12th of February, 2001, in Rabat, Morocco.


The participants, Having reviewed the relevant international human rights declarations, conventions and covenants and the Casablanca Declaration issued by the First International Conference of the Human Rights Movement in the Arab World, Having reviewed the papers presented to the Conference, Having examined the tragic and inhuman conditions of the Palestinian refugees and displaced persons in the homeland and the Diaspora for more than fifty-two years,

 

Having considered Israel's intransigence and refusal to comply with the resolutions of international legality on the refugees' right to return and compensation, and the Israeli continuous practices of banishment, displacement and human rights violation, Having considered the attempt by some international parties to circumvent the resolutions of international legality by suggesting permanent settlement in the host countries and compensation as an alternative to compelling Israel to comply with the will of the international community, Decide to adopt the following declaration.
The Conference affirms that:

First: Israel bears full responsibility for creating the Palestinian refugees issue, through systematic expulsion, whether direct or
indirect, massacres, killings, terror and intimidation. These acts are corroborated by Israeli documents as well as testimonies by
some Israeli officials and historians. Israel bears the responsibility in full also because of its persistent rejection of the return of the
Palestinian refugees.

Second: According to the UN General Assembly Resolution 194, the Palestinian refugees' right of return to their homes and property is a personal right for every individual and a collective right for the refugees as a whole. No one is to be authorised to conclude any agreement that denies refugees, individually or collectively, their right of return. Furthermore, the establishment of the Palestinian state, or a refugee's acquiring of another nationality, does not deny refugees the right to return to their own towns and villages.

Third: Compensation for property usurped and for the grave psychological, economic and social suffering of Palestinians for more than fifty-two years is not an alternative to the enforcement of the right of return. Indeed, as the UN General Assembly Resolution 194 of 1948 sets out, compensation should be paid in addition to return.

Fourth: Any political settlement that does not ensure the rights of the Palestinian refugees will not lead to a lasting, comprehensive
peace in the region. The Conference reaffirms that the international community bears the main responsibility for enforcing resolutions adopted by its institutions concerning the Palestinian people's enjoyment of their right to self-determination, the return of the Palestinian refugees to their homes, and providing them with international protection until their return.

Fifth: Pending the implementation of the Palestinian refugees' right of return, they must enjoy their human rights to the full, namely their civil, social, economic and cultural rights, in the (temporary) Arab host countries. The Conference further reaffirms that safeguarding these rights is not the same as permanent settlement in host countries, which is rejected by Palestinians and Arabs in general. Nor does it mean relinquishing the right of return. Rather, it helps support the refugees' resistance to attempts to eliminate this right.

Sixth: Arab host countries are responsible for enforcing the relevant Arab League resolutions, conventions and recommendations.
The Conference calls for putting an end to the gross infringements of the international and regional resolutions on the rights of
Palestinian refugees in a number of Arab host countries. It is incumbent upon international and Arab human rights organisations to dedicate more attention to such condition.

Seventh: The Conference urges international and regional development agencies and donor states to provide the necessary
financial support to:
1. The Arab host countries, in order to realize all of the economic and social rights of the Palestinian refugees.
2. Civil society institutions in the Palestinian communities, so as to be able to carry out their role in improving their conditions.
3. The Palestinian National Authority, so as to enable it to accommodate the Palestinians displaced in the wake of the Israeli
occupation of the West Bank, including Jerusalem, and the Gaza Strip after the June 1967 war.
4. The UNRWA, in support of its role concerning the Palestinian refugees.

Eighth: The Conference reaffirms the right of the Palestinians displaced within Israel to return to their original towns and villages, to reclaim their property, and to be compensated for their injuries. Institutions working towards the implementation of these rights should receive support.

Ninth: Israel's continued rejection of the implementation of UN General Assembly Resolution 194 of 1948, which was one of the
conditions for its accession to the UN according to General Assembly Resolution 273 of May 11th, 1949, leads in effect to annulling the decision to accept its membership. This makes it obligatory that the United Nations expel Israel and impose sanctions on it until it complies in full with UN resolutions. Accordingly, the Conference calls upon the League of Arab States to start forthwith taking the practical measures necessary for implementing this recommendation.

Tenth: The forced displacement of millions of Palestinians because of the acts of ethnic cleansing perpetrated by Israel, which
included slaughters and acts of brutal terrorism, are crimes against humanity to which statutory limitations do not apply. The relevant civil society institutions as well as international and Arab human rights organisations should perform their duty to work for bringing perpetrators of such crimes to international justice, including working for the establishment of an ad hoc criminal tribunal.
 

Eleventh: The Conference reaffirms its profound appreciation of the international organisations and networks that took a principled
stand in supporting the Palestinian refugees' right of return, and urges them to further their efforts in this regard. The Conference also calls upon the international and Arab human rights organisations to coordinate their efforts in this regard with the networks organising the international campaign for the implementation of the Palestinian refugees' rights to return and compensation.
For more information contact: Cairo Institute for Human Rights Studies(CIHRS), tel: +202 794-3715 / 795-1112, fax +202 795-4200, 9 Rustom St. Garden City- 7th floor, flat 35 Cairo- Egypt. Mailing address: P.O.Box 117 Magles Al Shaab, 11516 Cairo -Egypt

2. Human Rights Watch Policy on the Right of Return
Human Rights Watch has long defended the right of refugees and exiles to return to their homes. We have upheld this right both when international borders were settled - Guatemala, El Salvador, Honduras, Malawi, Burma, Mauritania - and when they were in dispute - Bosnia, Croatia, Kosovo, East Timor, Ethiopia/Eritrea. Human Rights Watch similarly urges that this right be recognized for all displaced people in the Middle East, regardless of religion or nationality.

In the case of the Middle East peace agreement currently being negotiated, the agreement should recognize this right for Palestinian refugees and exiles from territory located in what is now Israel or in what is likely to be a future state of Palestine. Recognition should accord with the following principles:
The right is held not only by those who fled a territory initially but also by their descendants, so long as they have maintained
appropriate links with the relevant territory. The right persists even when sovereignty over the territory is contested or has changed hands. If a former home no longer exists or is occupied by an innocent third party, return should be permitted to the vicinity of the former home.

As in the case of all displaced people, those unable to return to a former home because it is occupied or has been destroyed,
or those who have lost property, are entitled to compensation. However, compensation is not a substitute for the right to return to the vicinity of a former home should that be one's choice.

All nations should assist in finding durable solutions to refugee problems. Ideally, this consists of giving each displaced person three options: local integration, third-country resettlement, and voluntary repatriation. In the Middle East context, countries where Palestinians now reside should offer them the option of full local integration. Palestinian families, many having lived in these countries for more than fifty years, have built lives there which they should be granted the option of continuing to lead.

Similarly, the international community should be generous in offering the possibility of third-country resettlement to those who might desire it, and in providing aid to assist the permanent settlement of those who choose to remain in the region as well as those who choose to exercise their right to return. Neither the options of local integration and third-country resettlement, nor their absence, should extinguish the right to return; their humanitarian purpose is to allow individual Palestinians to select during a specified period among several choices for ending their refugee status.

Like all rights, the right to return binds governments. No government can violate this right. Only individuals may elect not to
exercise it. The parties currently involved in negotiating a Middle East peace agreement should focus on implementing the right to
return and facilitating the options of local integration and third-country resettlement. They should not waive individuals' right to return.

The international community has a duty to ensure that claims of a right to return are resolved fairly, that individual holders of the right are permitted freely and in an informed manner to choose whether to exercise it, and that returns proceed in a gradual and
orderly manner. Governments' legitimate security concerns should be met consistently with these principles and other internationally recognized human rights.

For more analysis on definitions and legal sources for this policy statement on the Palestinian right of return see the Human Rights Watch website, www.hrw.org. Mailing address, 350 Fifth Avenue, 34th floor, New York, NY 10118-3299 USA, tel: 1-(212)
290-4700, fax: 1-(212) 736-1300

 3. Amnesty International, Israel/Occupied Territories/Palestinian Authority, "A Human Rights Agenda for Peace" (excerpts on the right of return)
7. Everyone has the right to return to his or her country. The right to return is an individual human right which cannot be given away as a political concession. Palestinians in exile should be given the choice to exercise such a right and return to Israel, the West Bank or Gaza Strip as appropriate. Palestinians should also be allowed to choose other durable solutions, such as integration in their host country or resettlement in a third country. Those who choose not to return are entitled to compensation. Those returning should also receive compensation for lost property. The same rights relating to return and compensation should also be given to Israelis who fled or were forced out of Arab and other countries.

The Agenda was released by Amnesty International in March 2001. To read the entire Human Rights Agenda see the Amnesty
International website, www.amnesty.org. Mailing addresses for Amnesty International country offices are available on the Amnesty
website.

4. Letter of Palestinian Community Organizations in Palestine and Jordan to the Arab Summit, Amman, 27
March 2001 (Translation of Arabic original by BADIL)
Your Highness King Abdullah II
Chairman of the Arab Summit in Amman, Jordan
Your Excellencies, Kings, Presidents and Delegations of the Arab States participating in the Amman Summit Greetings of respect,
The Tel Aviv government continues its hostile discriminatory policy against our Palestinian people through its comprehensive
military and economic closure, the continued killing and destruction carried out by its occupation forces as well as its policy of extrajudicial execution/political assassination. These policies have been committed in front of the whole world, which has not taken action to provide the Palestinians with international protection.

The United Nations, and the Security Council in particular, is constrained by the support granted by the United States to Israel.
Without mentioning the scale of the losses and damage caused by these policies, the continuation of Israel's aggressive attacks and
violence threatens even greater harm to the Palestinian people and the nations of the region, destroying every hope of achieving the desired peace and stability in this region. It has become even more clear that Israel is not yet ready to pay the price required for peace because of the discriminatory ideology that governs its major policies, the support that it receives from the United States, and the arrogance of power. Therefore, we call upon you to implement your decisions in order that the Arab people might restore their dignity among the nations. We also call upon you as leaders to work on the following:

1. Unify the Arab position in the framework of a comprehensive strategy to confront Israel's arrogance, including reconsideration of
the role of United Nation bodies, especially the Security Council, which should fulfill their responsibilities towards the Palestinian
issue and secure implementation of international law, foremost Resolution 194 (1948).

2. Pressure for international protection of the Palestinian people by the United Nations through the Security Council. This should
include the protection of Palestinian properties in historic Palestine (occupied in 1948), Palestinian rights to the lands included in the
Jewish state under Resolution 181, as well as Arab-Palestinian rights in Jerusalem.

3. Reaffirm the Palestinian rights to return, self-determination, and the establishment of an independent state with Jerusalem as its
capital. Provide political and financial support to the Palestinian position through projects that limit the impact of Israel's arrogant
policies. Isolate Israel on the international level, including through international sanctions, until Israel implements international law and resolutions.

4. Ensure the implementation of the Arab and Islamic position concerning Jerusalem and the right of each Arab state to protect its
economic interests, markets, and culture against the Israeli infiltration linked to its strategy of control, including military attacks against Arab states.

5. Draw the attention of the international community and all peoples working for peace to the fact that any political settlement of the Arab-Israeli conflict must be based on the re-instatement of Arab and Palestinian rights enshrined in international law and resolutions.

This requires a clear Israeli recognition of its readiness to implement all United Nation resolutions pertaining to the Palestinian case.
UN Resolutions 181 and 194 (Palestinian refugees' right of return and compensation) are especially important in this context,
because the issue of Palestinian refugees inside Palestine and in exile is indivisible and continues to constitute the core of the
Palestinian issue and the core of the Arab-Israeli conflict.

You have always expressed unity and solidarity with the Palestinian people. This support, provided through appropriate and effective mechanisms, forms the basis of our people's steadfastness against Israel's military machine and the arrogant occupation.
Union of the Youth Activity Centers - Refugee Camps in Palestine Union of the Women Activity Centers - West Bank Refugee Camps National Society for the Defense of the Internally Displaced Popular Committees - West Bank Popular Committees - Gaza Strip Committee for the Defense of the Palestinian Refugee Rights-West Bank Yafa Cultural Center - Balata Camp, Nablus Follow-up Committee for Refugee Affairs - Southern West Bank Camps BADIL Resource Center, Bethlehem High Committee for the Defense of the Palestinian Right of Return - Jordan

 5. Land Day Statement, Society for the Defense of the Rights of Internally Displaced Palestinians in Israel
Long Live the Eternal Land Day! Yes to the Return of the Displaced, No to a Compromise on the Right of Return Palestinians in 1948 Palestine/Israel commemorate the 25th anniversary of Land Day with a public strike, demonstrations and rallies, as well as visits to the graves of the martyrs of the first Land Day (1976) and the Al-Aqsa Intifada. They will plant olive trees in the coastal area, the Galilee, the "Triangle" and the Naqab in order to reaffirm the link between our people and our land, and our right to the restitution of property stolen by Israel even as Israel continues its arrogant policy of "Judaization" and confiscation of our remaining lands. Unjust Israeli laws have been adopted for the purpose of distributing properties stolen from us before, during and after the Palestinian Nakba of 1948.

More than four million dunums of land belonging to displaced Palestinians are currently being transferred to the ownership of Jewish moshavim and kibbutzim established on our land after our displacement and the destruction of our homes in more than 531 Palestinian villages and towns. Palestinian homes and buildings that have remained in the towns of mixed Jewish-Palestinian population are considered "Absentee Properties" and offered for sale.

We affirm our commitment to our right of return, the return of all refugees and displaced to their lands and homes. We declare that
we will reject resettlement and compensation projects. We reaffirm the illegality of unjust Israeli laws which contradict international
law. We declare that all these laws legislated by the Zionist Israeli establishment are illegal, because we are not absentees; we are
here, present on our land.

On the occasion of Land Day, we reaffirm that the innocent blood shed in the defense of our rights to live in dignity on our land will
not be wasted, and that we will remain committed to the land and our country.
We thus call upon our people to make the general strike successful and to participate in the national protest activities announced by
the High Monitoring Committee of the Palestinian community. We also call upon our people and the local committees of internally
displaced Palestinians to conduct visits to the destroyed villages on the morning of Land Day.

We call upon our people to participate in the Jaffa Right-of-Return march to be held on 7 April, a day of international solidarity with
the Palestinian refugees. We also call upon our people to participate in the public march that will mark Israel's "Independence Day" and our Palestinian Nakba (catastrophe) on 26 April 2001. The march will lead from Nazareth (Jaffa neighborhood) to the destroyed village of Ma'lul - and it will reaffirm our commitment to our right of return.
Long live the Land Day! Eternal Respect for our Innocent Martyrs
 

6. Land Day Statement, Palestinian Community Organizatios and NGOs in Palestine and the Diaspora
The anniversary of Land Day takes place this year as the al-Aqsa Intifada continues into its seventh month. The primary significance of this occasion is the reaffirmation of the link between our people and the national soil as well as resistance to all forms of settlement, uprooting, and displacement. The al-Aqsa Intifada reaffirms this meaning more than at any time before, through the great sacrifices offered until now and through national achievements represented in the unity of the people and the land from the Galilee to the Triangle to the Naqab to the West Bank and Gaza Strip reaching to the diaspora, both near and far.

The al-Aqsa Intifada has brought the Arab-Zionist conflict to a head through which the American-Israeli alliance, opposed to our people's right to return and right to self-determination, is exposed. In this context the Intifada has unequivocally reaffirmed the following:
• The Palestinian people are a factor that cannot be ignored in finding a solution to the half-century conflict; Zionism has failed to erase our national identity;
• The Palestinian issue has become, more than at any time before, a factor that determines regional stability, and cannot be ignored by the international community and dominant powers. Regional stability is dependent on the realization of our basic national aims to return, self-determination, and statehood with full sovereignty with Jerusalem as the capital;
• The Right of Return, in accordance with the international law, is the core of our national aims. The Right of Return has become a core issue of the Intifada because it was considered negotiable and subject for compromise due to Israel's adamant refusal to recognize the Right of Return from the signing of the Oslo agreements, through the period of negotiations until Camp David II. Our people, by various popular, political and official bodies continue to recognize the significance of Land Day as a national symbol of the unity of the Land and the People.
Based on these affirmations, we emphasize the following:
• The right of displaced Palestinian and refugees to return to their homes of origin is historic, sacred, and inalienable. This right repudiates all plans for permanent displacement and resettlement. It is strongly linked to the right to self-determination, which is considered a customary rule in the international law. It is impossible for a people, the majority of them refugees, to practice this right without closing the gap between demographic dispersal and demographic unity through the implementation of the right of return both as an individual right and as a collective right;
• The demand for international protection of the Palestinian people falling under Israeli occupation, including temporary protection as provided for under international law. This demand has became a necessity in the wake of the election of the government of the war criminal Ariel Sharon alongside similar criminals who, based on racist attitudes, call for continued repression and the collective transfer of Palestinians;
• The essence of Land Day is represented by the continuation of and increasing the Intifada through all forms of struggle legitimized by the international law to confront the occupation, settlement, and racism.

Honor and Eternity to our Innocent Martyrs, We Will Return

A'idoun Group - Syria NGO Forum Working in Palestinian Refugee Communities - Lebanon
A'idoun Group - Lebanon Palestinian Prisoners Society - West Bank
Arab NGO Network for Development - Lebanon Popular Committees - Gaza Strip Refugee Camps
Badil Resource Center - Palestine Popular Committees - West Bank Refugee Camps
Committee for the Defense of the Palestinian Refugee Rights - Palestine Right of Return Coalition - Europe
Committee for the Defense of the Internally Displaced (inside the green line) Union of the Youth Activity Centers - Palestine
Follow-up Committee for Palestinian Refugee Affairs - South West Bank Yafa Cultural Center - Balata Camp - Palestine
Higher Committee for the Defense of Right of Return - Jordan