BADIL 2003 – 2004 Expert Forum for the

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

Program

‘The Role of International Law and Human Rights in Peacemaking
and Crafting Durable Solutions for Palestinian Refugees’

University of Ghent, Belgium, 22 – 23 May 2003

Assumption

The Oslo process has been dominated by a primarily political approach, which considers relevant international law and human rights provisions as “impractical” and obstacles for a negotiated solution of the Palestinian refugee issue and the Israeli-Palestinian conflict. The exclusion of international law, human rights standards and relevant UN resolutions from the terms of reference for negotiations and the substance of agreements has been identified as a major cause of the failure of the Oslo process in general, and of efforts at tackling the Palestinian refugee issue in particular.

Expected Outcome

To clarify and create awareness about the role and value of international law and human rights in peacemaking and crafting durable solutions for refugees. Are international law and human rights important in peacemaking and the durability of solutions? What principles are essential? What are lessons learned from other experiences of peace making and crafting durable solutions for refugees? How are these lessons applicable to the Israeli-Palestinian conflict and durable solutions for Palestinian refugees?

Presentations and Discussions

21 May (Wednesday):

Arrival participants, Ghent

20:00 Joint dinner, participants and hosts

22 May (Thursday):

8:30 a.m.: Morning Session (closed for invited participants)

• Welcome and Presentation of the Expert Forum process (BADIL, University of Ghent);

• “The Role of International Law and Human Rights in Peacemaking and Crafting Durable Solutions for Refugees: Overview and Lessons Learned from Comparative Experiences” (Lynn Welchman, SOAS, London);

• “The Legal Framework for Durable Solutions for Palestinian Refugees – UN Resolution 194 (Terry Rempel, BADIL);

• Discussion and clarification, legal principles.

12:00 – 13:30 Lunch Break

13:00 – 16:00 Afternoon Session (closed for invited participants)

• “Past and Current Diplomatic Approaches to Crafting Durable Solutions for Palestinian Refugees:” Commentary and Analysis (Michael Molloy, Special Coordinator for the ME Peace Process, MAECI, Canada; Christian Berger, European Commission Delegate for the ME Peace Process; Dr. As’ad Abdelrahman, former head of the PLO Refugee Department).

• Debate, “Law and Politics: A Role for International Law in Future Efforts at Solving the Palestinian Refugee Question?” (identification of obstacles, agenda and perspectives)

16:00 – 17:00 Break

17:00 – 19:00 Dinner

19:30 – 22:00: Public Evening Session (Auditorium C):

• Key-note Presentations:

 “Peace without International Law and Human Rights Guarantees? A Framework for Durable Solutions for Palestinian Refugees” (Susan Akram, Assoc. Prof., Boston University School of Law);

 “Revisiting Israeli-Palestinian Peace Negotiations on the Palestinian Refugee Question, 1991 – 2001” (Dr. As’ad Abdelrahman, former head of PLO Refugee Department).

• Questions and Answers, Discussion with the public.

23 May (Friday)

8:30 – 12:30 Morning Session (closed session):

• Wrapping up: research and policy recommendations, recommendations for follow-up and recommendations for Seminar-2 in Geneva;

13:00 Lunch and departure of participants