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On 11 December 1948, the UN General Assembly adopted in its third session Resolution 194,
whose Paragraph 11 clearly states the right of Palestinian refugees to return to their
original homes and villages from which they were displaced during the war. The Resolution
does not only affirm this right, but also establishes the mechanism for its
implementation. Paragraph 2 established the United Nations Conciliation Commission for
Palestine - UNCCP, which - based in the city of Jerusalem, was to carry the responsibility
for the implementation of the right of return. Moreover, Paragraph 11, also emphasized the
necessity to assist those refugees until they return. This task was to be carried by the
United Nations Relief for Palestine Refugees - UNRPR, a commission which preceded UNRWA,
established a year after the adoption of Resolution 194 by General Assembly Resolution 302
(4th session on 8-12-1949).
Resolution 194 was
adopted only six months before Israel's admission as a member of the United Nations (GA
Resolution 273, 11 May 1949). Israel's admission was conditioned by an Israeli commitment
to carry out the obligations under the UN charter and United Nation resolutions, including
Resolution 194.
Since then, Resolution 194 has been reaffirmed more than
one-hundred times by the General Assembly. It has been included in subsequent resolutions,
such as Resolutions 513 (1952), 2452 (1968), and 2936 (1972), and in General
Assembly resolutions that consider the refugee problem caused by the denial and the
neglect of the inalienable rights defined under the UN charter and the Universal
Declaration of Human Rights. These resolutions link the right of return with the right to
self-determination and establish the right of return as a condition for the implementation
of the right to self-determination. In this context, we particularly point at
Resolution 3236 of 1974, which is called by some international legalists "the bill of
rights of the Palestinian people."
It a paradox, and ironic, that Israel - which was
established by one of the UN resolutions - has refused implementation of all resolutions
issued by the same international body, especially Resolution 194 adopted 52 years ago.
This year's anniversary of UN Resolution 194 coincides with
the blessed al-Aqsa Intifada, which has continued for more than two months. Now that it is
clear, based on the results of the latest Camp David summit, that negotiations over the
issues pertaining to the final settlement of the conflict (e.g. Jerusalem, Israeli
settlements, refugee question) have failed, we wish to re-affirm here that the right of
return is one of the Intifada's national aims.
In this context, we confirm that the provocative visit of
the terrorist Sharon to Al-Aqsa Mosque represented the spark which set the whole region on
fire. It was an opportunity imposed by necessity - the necessity to rise up against the
logic of Oslo and its destructive results, among them the by-passing of the legal
framework of Palestinian rights as enshrined in international law and UN resolutions.
On the occasion of this anniversary, we reaffirm:
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The Palestinian people's right of return and restitution is
a sacred historical right, based on the principles of justice which were valid, even
before they were anchored in international law. We therefore affirm that our right of
return is not only based on UNGA Resolution 194, but also on our historical right in
Palestine. In this sense, our inalienable right is non-negotiable and not a subject for
opinion polls. Along this same line, all suspect calls for refugee resettlement,
migration, absorption, and even calls for compensation as an alternative to return are in
contradiction with this historical right.
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Refugee rights are indivisible. This principle is expressed
in the international legal framework of Palestinian national rights on the one hand, and
in the unity of the land and its people in occupied Palestine since 1948, in the West Bank
and the Gaza Strip, and in the near and distant exile. We therefore reject any type of
division of this issue under any circumstances.
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We strongly oppose all plans aimed at the liquidation of
UNRWA's role, whether via gradual reduction of its services, or via attempts to transfer
these services to the responsibility of donors or the Palestinian Authority. This because
UNRWA embodies the moral, legal and political responsibility of the international
community for the creation of the Palestinian refugee issue, in addition to the
international obligation to enforce implementation of the Palestinian refugees' right of
return to their homes and properties expropriated from them in 1948. UNRWA's establishment
is part of the political context of the Palestinian issue, because the text of UNGA
Resolution 302 (1949; UNRWA establishment) includes explicit reference to Paragraph 11 of
Resolution 194 (right of return). In this context, we emphasize the necessity for the
continuation and expansion of UNRWA services, until the refugees return to their original
homes.
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As Paragraph (1D) of the 1951 Geneva Refugee Convention and
Paragraph 7 of the Statutes of the United Nations High Commission on Refugees (UNHCR) have
been interpreted to exclude Palestinian refugees from the international protection scheme
provided to other world refugees, and because UNRWA's mandate does not include the
provision of the political and legal protection provided by the Convention and UNHCR to
other world refugees, we demand from the international community to provide and facilitate
temporary, international protection for the Palestinian people based on international
refugee law, and without preempting UNRWA's role and mandate.
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The urgency of the above demand, and our insistence, are
heightened in the time of the current Intifada and the savage policy of repression applied
by the Israeli military machine against the unarmed Palestinian people.
The undersigned call upon:
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All Right of Return committees, groups, and centers in
Palestine and in exile to raise the level of coordination among them, in order to
strengthen the unity of the return movement especially in this stage of the Palestinian
struggle; to unify our speech which must raise the right of return as part and parcel of
the framework of Palestinian national rights and avoid the creation of contradictions
between the various forms of struggle carried out by the different groups of the
Palestinian national movement, now or in the future.
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All national and Islamic forces involved in the Intifada to
work together, in order to resist all attempts at liquidating the Intifada, as well as
pressure aimed at forcing the Palestinian people to get involved again in a vain and
useless negotiation process, which tries to replace our legitimate rights with so-called
"possible" or "realistic" solutions and will finally release - based
on the terms and expressions of the Oslo culture - the international community and
Israel from their moral, legal and political responsibilities for the creation of the
Palestinian problem and provide international legitimacy for the crime of the
century committed by the Zionist movement against the Palestinian people.
Lets work to build the Return Intifada
in the exile and Al-Aqsa Intifada in Palestine, all of Palestine, an Intifada
which will ultimately achieve the implementation of the national rights of the Palestinian
people, foremost the right of return and the right of self-determination.
Glory, Honor and Eternity to our Brave Martyrs We Will Return
A'idoun Group, Lebanon;
A'idoun Group, Syria;
Al-Awda Committee, Jordan;
The Society of Internally Displaced in Palestine 1948 (Israel);
Union of Youth Activity Centers in Palestine Refuge Camps-Gaza South, Palestine;
Popular Service Committees-Gaza South, Palestine;
Popular Committees of 'Aida, Beit Jibrin ('Azza), Deheishe, al-Arroub, al-Fawwar camps,
Palestine;
Youth Activity Centers of 'Aida, Beit Jibrin, Deheishe camps, Palestine;
Shahida Amal Cultural Center, 'Aida camp, Palestine;
Palestinian Prisoners' Society, West Bank; Palestine;
Al-'Oud Sports Union, 'Aida camp, Palestine;
Al-Rowwad Theater, 'Aida camp, Palestine;
BADIL Resource Center, Bethlehem, Palestine;
Awlad Albalad; Ebal for Arabic Affairs; Canada;
Aidoun Group-North America;
Al-Awda London; |