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1. Palestinian refugees and internally
displaced are one of the largest and longest-standing unresolved refugee
situations in the world. More than two-thirds of the Palestinian people
are refugees or internally displaced. Approximately one in three
refugees worldwide today is Palestinian.
2. All refugees and displaced persons have
the right to voluntarily return to their homes of origin. The right of
return is anchored in several bodies of international law including the
law of nationality as applied upon state succession; humanitarian law;
human rights law; and refugee law. Voluntariness means that host
countries should not push refugees to return while countries of origin
should not prevent the return of refugees.
3. All refugees and displaced persons have
the right to repossess their homes and properties. The right to
restitution is also anchored in several bodies of international law,
including humanitarian law; human rights law; and refugee law. Where
restitution is not possible, in the narrowest sense of the term,
refugees and displaced persons are entitled to compensation for losses
and damages.
4. Peace agreements should include three
primary components on refugees and displaced persons: i) enshrinement of
the right of refugees to voluntarily return to their homes of origin;
ii) commitment by the parties to create the conditions under which
refugees choosing to do so may return in safety and dignity and
successfully reintegrate into their home communities; and, (iii)
establishment of procedures for return, mechanisms for restitution and
compensation, and development of infrastructure in returnee areas.
5. Refugee participation provides the best
guarantee for effective implementation of durable solutions. Refugees
and displaced persons should be allowed to participate in the shaping
and implementation of peace agreements. Public participation strengthens
democratic principles and structures, expands the range of solutions to
complex issues, lends greater legitimacy to agreements, engenders broad
public ownership of the agreement, and contributes to its long-term
durability.
6. United Nations General Assembly
Resolution 194(III), 11 December 1948, and United Nations Security
Council Resolution 237, 14 June 1967 affirm the right of Palestinian
refugees to return and repossess their homes and properties. The
consistency of these resolutions with international legal principles and
practice over time concerning durable solutions for refugees and
displaced persons lends further weight to their value as a normative
framework for durable solutions for Palestinian refugees and displaced
persons today.
7. There are four primary groups of
Palestinian refugees and internally displaced: (i) Palestinian refugees
displaced during the 1948 conflict and war in Palestine. The majority
are registered to receive assistance from the United Nations; (ii)
Palestinian refugees displaced for the first time during the 1967
Arab-Israeli war; (iii) Palestinian refugees displaced from the
Israeli-occupied West Bank (including eastern Jerusalem) and the Gaza
Strip after 1967; and, internally displaced (IDPs) Palestinians inside
Israel and in the 1967 occupied Palestinian territories.
8. Palestinian refugees and IDPs displaced
in 1948 are unable to return to their homes and villages of origin
inside Israel due to their national, ethnic, and religious origins.
Palestinian refugees displaced in 1967 and after are unable to return
due to Israel’s military occupation of the West Bank and Gaza Strip and
annexation of eastern Jerusalem. Citizenship/nationality and property
law inside Israel and occupied eastern Jerusalem, as well as military
orders and administrative procedures in the occupied West Bank and Gaza
Strip prevent Palestinian refugees from resuming domicile in their homes
and villages of origin and preclude restitution of refugee housing and
property. |
