BADIL 2003 – 2004 Expert Forum for the

Promotion of a Rights-Based Approach to the Palestinian Refugee Question

  Program

‘Housing and Property Restitution

in Durable Solutions for Palestinian Refugees’

Graduate Institute of Development Studies (IUED) Geneva, 2-4 October 2003

Assumption:

Although housing and property restitution, in addition to return and compensation, is increasingly viewed as a central component of durable solutions for refugees in post-conflict situations, it has been largely absent from recent debate and initiatives regarding the solution of the Palestinian refugee question. Palestinian rights and claims to property taken by Israel in 1948 have largely been examined as a matter requiring financial compensation, although Palestinian refugees are outspoken in their demand for restitution.

Expected Outcome:

 -          To clarify relevant international law, including questions such as: What is the relationship between property restitution and compensation in international law? How can we develop the strongest possible legal argument/narrative for Palestinian refugees' right to housing and property restitution?

 -          To review the scope of 1948 Palestinian refugee property in Israel, the quality of available documentation, Israel’s expropriation laws and policies, past Palestinian efforts at property restitution and scenarios for property restitution in the current Israeli context.

 -          To examine lessons learned from comparative experience with housing and property restitution.

 -          To develop a set of suggestions to guide future efforts for the promotion of Palestinian refugees’ right to housing and property restitution.

Program - Presentations and Discussions

Thursday, 2 October

 ·         17:00 – 18:30: Registration and Welcome Reception for participants at the IUED Cafeteria

 ·        19:00 – 21:30 Public Evening Session

“Housing and Property Restitution in Durable Solutions for Palestinian Refugees”

 -         19:00 – 19:15 Prof. Riccardo Bocco, Research Director, IUED, University of Geneva: Welcome Address; IUED involvement and work of the Palestine Research Group

 -         19:15 – 19:45 Ingrid Jaradat Gassner, director and Terry Rempel, coordinator of Research & Information, BADIL Resource Center: the BADIL Expert Forum Process – aims, agenda and achievements; Housing and property restitution for Palestinian refugees: recent efforts and debate

 -         19:45 – 20:20 Paul Prettitore, Legal Advisor, OSCE Bosnia-Herzegovina: Lessons learned from the international effort at refugee return and restitution in the former Yugoslavia

 -         20:20 – 20:40 Video presentation, “Experiencing the Right of Return – Palestinian Refugees in Bosnia (BADIL 2002)

 -         20:40 – 21:30 Questions, answers and debate.

Friday, 3 October

Closed Session 1

09:00 Welcome Address by the IUED and BADIL

09:30 Legal Analysis: the right to restitution in international law

 -       General overview of relevant international law and conventions (20 min; Paul Prettitore, Legal Advisor, OSCE, Bosnia-Herzegovina)

 -       Palestinian Refugees’ Right to Restitution (20 min; Gail Boling, Senior Research Affiliate, Birzeit University Department of Law)

10:15 – 10:45 Coffee break (IUED Cafeteria)

10:45  Discussion

12:15 – 14:00 Lunch (IUED Cafeteria) and Break

Closed Session 2

Stocktaking: property ownership of 1948 Palestinian refugees, Israeli expropriation laws and policies, past Palestinian efforts at property restitution; available property documentation and scenarios for restitution

14:00: Available property documentation and scope of 1948 Palestinian losses; scenarios for property restitution and refugee return (20 min. power-point presentation by Salman Abu Sitta, President, Palestine Land Society, London)

14:30 Discussion

15:00 – 15:30 Coffee break

15:30: Overview and analysis, Israeli expropriation laws and policies versus Palestinian efforts for return and restitution (30 min, Usama Halabi, Advocate, Jerusalem)

15:30 – 17:30+ Discussion

19:30 Dinner at the Italian Restaurant Le Cygne, 61 rue de Berne, Geneva (5 minutes walk from the IUED)

Saturday, 4 October

Closed Session 3

Lessons to be learned from comparative experience with housing and property restitution

 -        09:00: Principles, mechanisms, and lessons from the Cypriote case (20 min, Madeline Garlick, Civil Affairs Political Officer with the United Nations in Cyprus); questions and answers by participants;

 -        09:45: Principles, mechanisms, and lessons from the South African case (20 min, Jean du Plessis, Deputy Director, COHRE); questions and answers by participants;

10:30 – 11:00 Coffee break

11:00 – 12:30 Discussion: “Major lessons learned from comparative experience with legislation, mechanisms and enforcement of housing and property restitution – relevance for the Palestinian case” (Start-up input by Paul Prettitore)

12:30 – 15:00 Lunch (IUED Cafeteria) and break

Closed Session 4

Discussion, Conclusions and Recommendations,

Strategies for the Promotion of the Palestinian Right to Housing and Property Restitution

15:00 – 16:30 Start-up input provided by participants and Discussion

 -        Civil society initiatives: education, lobbying, media campaigns, Palestinian popular initiatives (Terry Rempel, BADIL)

 -        Petitioning legal fora outside of Israel; lobbying in the UN system (Susan Akram, Boston University School of Law);

 -        Research agenda (Riccardo Bocco, IUED)

16:30 – 17:00 Coffee break

17:00 – 18:00+ Summary, Conclusions and Recommendations

19:30 Dinner

Sunday, 5 October

Departure of Seminar participants (with the exception of BADIL-LSN members staying on for the annual meeting)

****