Reflections on the Badil “Palestinian Refugees under International Law” Course
Intent on introducing
Palestine's future legal cadre to a rights-based approach to the
Palestinian refugee question, Badil entered a partnership agreement
with al-Quds University in the fall of 2007. Since then, Badil's
course on “Palestinian refugees under international law” has been
one of the courses offered to law students, with larger numbers
enrolling each semester. The target group of the Badil law course
is university students, particularly law students interested in
human rights. It is expected that law students, as part of the
student movement that has historically played a major role in the
national struggle, will influence their community and contribute to
the right of return movement.
This piece
addresses the importance of this law course as part of the broader
campaign to defend Palestinian refugee rights. It tries to assess
the impact of academic teaching on the right of return movement,
specifically how it can strengthen the unity of the refugee return
movement and promote self-organized initiatives upholding
Palestinian refugee rights.
“… for us, the inclusion of the international law course on Palestinian refugees in the academic program is a distinct step reflecting our duty toward law students, as well as our commitment to Palestine and Palestinian rights. On one hand, it provides students interested in international law and human rights law with new course material. On the other hand, it explores, through the lens of Palestinian refugee rights, the prolonged conflict from a comparative legal perspective.” (Muhammad Shalaldah, Dean of the Al-Quds University Law School, University Press Release, 19 May 2008)
Hamdi
Alshaikh, one of the students enrolled in the Fall 2007 semester
and himself a refugee, confirmed that he used to see the right of
return as one item in a list of “sacred national rights,” together
with the right to self- determination, independence and statehood,
but never paid attention to the importance of the law underpinning
those rights: “When I chose the course, I was expecting a
historical and political overview of our plight. I did not imagine
that the Palestinian refugee question could be treated legally
under so many bodies of law.” For Badil and for the right of return
movement, planting and fostering such understanding is essential
for building and strengthening the movement promoting solutions
that respond to the rights and needs of Palestinian
refugees.1
After the
Nakba of 1948 which resulted in the largest wave of Palestinian
displacement from the homeland, the refugees' right of return was
seen by Arab states, political parties and Palestinians themselves
as an automatic result of the eventual liberation of Palestine,
which was expected to come through the success of the armed
struggle. It was then called a national and natural right, one that
is inalienable, non-negotiable and one that would be automatically
attained upon the liberation of Palestine. Accordingly, there was
no perceived need to further explore the legal dimensions of this
right, for example, by examining its human rights context or
relevant sources in international law. Indeed, the need and benefit
of representing the right of return as a human right enshrined in
international law have been given priority only in the process of
popular mobilization that came in response to the launch of the
Oslo process in the early 1990s, a process that was marked by the
organization of several refugee popular conferences. (2)2
Since the
early 1990s, similar messages and recommendations have been
reiterated by all popular conferences: political negotiators are to
respect the inalienable right of return when engaging in
negotiations on the Palestinian refugee question; awareness must be
raised locally and internationally about the rights of Palestinian
refugees, and a new generation of Palestinians, especially
refugees, must be raised with the capacity and skills required to
defend these rights. The Global Right of Return Coalition, which is
one of the most important outcomes of the popular conferences, has
adopted these same recommendations in its statements and annual
action plans. Palestinian parents and students confirm that Badil
has succeeded to translate the popular message into a professional
agenda of research, legal advocacy and teaching. Abdel Qader
Nasser, a Palestinian activist and parent of one of the students
enrolled in the Badil law course, said: "the first time I read from
Badil that the right of return is an individual and collective
right that is legal and possible I felt that this is different from
what we heard from officials of the Palestinian Authority. Then I
discovered that its meaning is the most accurate expression of my
feelings as a refugee.”
The
Badil syllabus and course materials
Badil
signed the partnership agreement with Al-Quds University less than
two months before the start of the Fall semester of 2007, giving us
only a few weeks of preparation time. However, the collection of
research papers and legal studies already gathered and prepared by
Badil on various aspects of the Palestinian refugee issue made it
easier to put together the course materials and syllabus. Members
of Badil’s Legal Support Network, many of whom teach similar
courses at universities abroad, provided valuable input into the
design of the the course and contributed to the timely completion
of preparations.
The course
has been divided into two main parts: the first part explores the
concepts and rights related to refugee status, state obligations,
and the role of international agencies and mechanisms. Students
study the provisions of the 1951 Refugee Convention, documents and
recommendations of the UN High Commissioner for Refugees, human
rights treaty committees and relevant UN guidelines and
declarations. Students learn about international standards for the
treatment of refugees, and about examples of good and bad state
practice. Students also learn how to assess states’ practices in
light of the relevant instruments.
The second
part of the course examines the genesis of the Palestinian refugee
issue, the rights and specific status of Palestinian refugees, and
protection gaps resulting from Israel's violation of its legal
obligations and the failure of the international community to
ensure Israel's respect of international law. In this section
students also learn about other cases of displacement and
dispossession through specific examples, such as Bosnia-Herzegovina
and Apartheid in South Africa.3 They also
examine the implementation of relevant provisions of the 1951
Refugee Convention. Such comparative studies enable students to see
the protection gap that affects Palestinian refugees, develop their
knowledge of other cases and enhance their understanding of the
potential of a rights-based approach for solving the Palestinian
case, thereby improving their ability to play an active role in
defending Palestinian refugee rights.
From a
legal perspective, the course is unique in that it combines various
bodies of international law, specifically the Law of Nationality in
state succession, international human rights law, and international
humanitarian law. It goes beyond highlighting the rights and
obligations enshrined in international treaties by encouraging
students to discover the links between the various bodies of
international law and their connections with the realities on
ground. The course emphasizes the importance of applying a broad
body of international law rules to conflict analysis, treatment of
its consequences and formulating the
solution.
“I studied International public law, international humanitarian law, the law of international organizations, and international human rights law, but I had not realized the importance of international law for ending the Israeli occupation before I took the course on Palestinian refugees under international law.” (Kifah Froukh, course of fall 2007)
In
political terms, the course deals with the root causes of the
conflict, its evolution, and proposed solutions. Although these
topics are fundamental for any student of the region, they have
been largely absent from the Palestinian curriculum at all levels.
As such, Palestinian students have for the most part encountered
materials dealing with their own history and struggle in a way that
has not sufficiently engaged them to form a nuanced perspective of
the various historical, political and legal dimensions of the
struggle. By examining these dimensions, the course provides what
can be considered a new way of looking at the conflict and an
attempt to analyze and overcome the deficit in both, the
educational curriculum and the common approach to “solutions”
debated in the public sphere which look only at the political
dimension while ignoring history and
law.
“I have never believed that international law and mechanisms might be of any benefit for the rights of the Palestinian people. Even after I had taken three courses in international law, I could not see in international law any more than a tool in the hands of colonial powers. The course on Palestinian refugees under international law opened my eyes to see the possibility of using the same tool for defending our rights.” (Bader al-Tamimi, course of Spring 2009)
In
practice, the course has contributed to mobilizing and advocating
for a rights-based approach. Suhair Al Weradat, student of the
Spring 2009 semester said, “the course opened my eyes to the
importance of advocating for our rights, not only because we need
to widen the support at the international level, but also because
we need to always strengthen our home
front.”
In early
2009, students of the Fall 2008 semester decided to organize a
photographic exhibition explaining the ongoing Nakba in cooperation
with the university's students union. Their initiative was
supported by Badil and welcomed by the Law School faculty. It was
developed to include a book fair and two seminars, one on refugee
rights and the other on the Boycott, Divestment and Sanctions
Campaign. Ahmad Nouba, a student of the Fall 2008 semester, noted
that, “the title of the photographic exhibition - ‘Haq Al-Awda Mish
Lalbay' (the right of return is not for sale) - which took place in
mid March 2009, had a significant impact on the student community
at the university. After the exhibition, this title became a slogan
that can still be heard in everyday
discussions.”
Endnotes
1For more information
about the campaign see: http://www.badil.org/en/right-of-return-movement-initiatives
2For more on the
evolution of the post-Oslo right of return movement, see Muhammad
Jaradat, “Reflections on the Palestine return Movement”,
al-Majdal #36-37 (Winter 07-Spring 08).
3Texts used for these
examples are Badil's working papers: “The Right to Housing and
Property Restitution in Bosnia and Herzegovina: A case Study”, and
“Land Restitution in South Africa: Overview of Learned Lessons”
accessible at http://www.badil.org/en/documents/category/2-working-papers