Negotiations Update

Political Report from the Executive Committee of PLO for the Palestinian Central Council (excerpts)
During the regular meeting held in the Gaza Strip9-10 September 2000 [During Camp David II] the Israelis did not present a clear proposal for a solution of the refugee issue. They reacted negatively and rejected suggestions presented by the Palestinians. They rejected the admission of their moral and legal responsibility for creating the refugeecatastrophe.

The Israelis talked once about the possibility of accepting UN Resolution 194, but in an indirect and illegal way: implementation of whatever was agreed upon would be considered to be implementation of the resolution. In addition, they demonstrated an acceptance for the return of several hundred refugees each year on a humanitarian basis only. Concerning compensation, the Israelis suggested the possibility establishing an international fund that would include compensation of Jews who had emigrated from Arab countries. Concerning funds from the transfer of refugee property by the Israeli Custodian of Absentees' Property -established to administer the property - the information convey-ed to the Palestinian delegation is that revenues in the fund have already been spent.

Refugees

The Israeli Position
1. Compensation of refugees.
2. An international fund should be established for this purpose; Israel will participate as any other country.
3. Jews originating from Arab countries should also be compensated from the international fund.
4. Israel will permit several hundred refugees to return annually under "family reunification" or on humanitarian grounds.

The Palestinian Position
1. Israel is morally and legally responsible for creating the refugee catastrophe.
2. The right of return must be guaranteed for every refugee who chooses to return. (Resolution 194). Return means return to Israel.
3. Compensation must be provided to those wishing to return for use of their properties, and compensation for refugees choosing not to return for properties, loss of income, and suffering.
4. Israel is responsible for paying compensation, including funds from the Custodian of Absentees' Property that was established in 1949 to administer the refugee properties.
5. Compensation must be provided for Palestinian public roperties (schools, hospitals, institutions, mosques, churches, etc.).
6. Compensation must be provided to the refugee host countries because of the burden they carried more than fifty years.
7. An international fund might be established to provide part of the compensation.
8. The PLO rejects linkage of the Palestinian refugee issue with the issue of Jewish immigrants from Arab countries. All issues ertaining to Jewish immigrants must be handled separately between Israel and the respective country of origin.

Palestinian Claims Land under Barak's Home
Mustafa Daoud, a resident of the West Bank village of Jammal, three miles east of the Israeli town of Kochav Yair, home to Israel's Prime Minister, has recently brought forward documents that prove his ownership of the land. Daoud lost 60 acres of land when he was expelled from the area in 1948. Legal efforts to recover the land have thus far failed. Reuters, 16 August 2000

The Right to Restitution and International Human Rights Law
Resolution 1998/26 - Housing and property restitution in the context of the return of refugees and internallydisplaced persons E/CN.4/SUB.2/RES/1998/26 26 August 1998 The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Conscious that human rights violations and breaches of international humanitarian law are among the reasons why refugees, as defined in relevant international legal instruments, and internally displaced persons flee their homes and places of habitual residence,

Recognizing that the right of refugees and internally displaced persons to return freely to their homes and places of habitual residence in safety and security forms an indispensable element of national reconciliation and reconstruction and that the recognition of such rights should be included within peace agreements ending armed conflicts, Recognizing also the right of all returnees to the free exercise of their right to freedom of movement and to choose one's residence, including the right to be officially registered in their homes and places of habitual residence, their right to privacy and respect for the home, their right to reside peacefully in the security of their own home and their right to enjoy access to all necessary social and economic services, in an environment free of any form of discrimination,

Europeans Seek Land for Jerusalem Embassies

According to Israeli government sources, Britain and an unnamed "southern European country" have acquired plots of land in Jerusalem for the future construction of Embassies. The British plot of land is apparently located near the UN compound in East Talpiot, while the second plot is located in the area of the Valley of the Cross. American attempts to acquire a plot of land, also in East Talpiot, have been subjected to counterclaims by Palestinian refugees. (See Majdal, Issue No. 5 for more details).

Approximately 80 percent of 1948 Jerusalem was owned by Palestinian Arabs, much of which has been expropriated by Israel. Refugee properties allocated by the government of Israel for the construction of diplomatic compounds could well be subjected to counter-claims from the original owners.
Jerusalem Post, 8 September 2000

Conscious of the widespread constraint imposed on refugees and internally displaced persons in the exercise of their right to return to their homes and places of habitual residence, Also conscious that the right to freedom of movement and the right to adequate housing include the right of protection for returning refugees and internally displaced persons against being compelled to return to their homes and places of habitual residence and that the right to return to their homes and places of habitual residence must be exercised in a voluntary and dignified manner, Aware that intensified international, regional and national measures are required to ensure the full realization of the right of refugees and internally displaced persons to return to their homes and places of habitual residence and are indispensable elements of reintegration, reconstruction and reconciliation,

1. Reaffirms the right of all refugees, as defined in relevant international legal instruments, and internally displaced persons to return to their homes and places of habitual residence in their country and/or place of origin, should they so wish;

2. Reaffirms also the universal applicability of the right to adequate housing, the right to freedom of movement and the right to privacy and respect for the home, and the particular importance of these rights for returning refugees and internally displaced persons wishing to return to their homes and places of habitual residence;

3. Confirms that the adoption or application of laws by States which are designed to or result in the loss or removal of tenancy, use, ownership or other rights connected with housing or property, the active retraction of the right to reside within a particular place, or laws of abandonment employed against refugees or internally displaced persons pose serious impediments to the return and reintegration of refugees and internally displaced persons and to reconstruction and reconciliation;

4. Urges all States to ensure the free and fair exercise of the right to return to one's home and place of habitual residence by all refugees and internally displaced person and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems;

5. Invites the United Nations High Commissioner for Human Rights, in consultation with the United Nations High Commissioner for Refugees, within her mandate, to facilitate the full implementation of the present resolution;

6. Invites the United Nations High Commissioner for Refugees, in consultation with the United Nations High Commissioner for Human Rights, to develop policy guidelines to promote and facilitate the right of all refugees and, if appropriate to her mandate, internally displaced persons, to return freely, safely and voluntarily to their homes and places of habitual residence;

7. Decides to consider the issue of return to place of residence and housing for refugees and internally displaced persons at its fifty-first session, under the agenda item entitled "Freedom of movement" to determine how most effectively to continue its consideration of these issues.