| Refugee Rights | |
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Right of Return and Restitution Refugee rights are a key element in any peace agreement. Most peace agreements that prescribe durable solutions for refugees and displaced persons recognize their right to return. This includes agreements in Macedonia, Kosovo, Croatia, Bosnia-Herzegovina, Tajikistan, Georgia, Burundi, Rwanda, Liberia, Sierra Leone, Mozambique, Cambodia, and Guatemala. Many agreements recognize the right of refugees and displaced persons to return specifically to their homes or to choose their place of residence.
The voluntary character of the return process is also stressed. Agreements also state that refugees should be given as much information as possible so that they can make an informed choice on their future. Agreements also provide for return in safety and dignity. This includes provisions for national protection of refugees, specifically, non-discrimination on account of their ethnic origin, religious belief, or political opinion. Security guarantees and amnesty for refugees also characterize a number of agreements.
The right of refugees and displaced persons to repossess their homes and properties is usually recognized. This includes Bosnia, Kosovo, Cambodia, Guatemala, Mozambique, Rwanda, Croatia, Burundi and Georgia. Peace agreements also identify and/or establish international, national, and local institutions mandated to facilitate the implementation of return and restitution. Finally, some agreements, including those in Bosnia and Burundi, also establish special funds to compensate refugees not wishing to return and repossess their homes and properties. Extinguishing Refugee Rights Palestinians make up the largest group of refugees in the world, but their legal rights are not mentioned in initiatives being promoted to resolve the Palestinian-Israeli conflict. The Madrid-Oslo process was based on the notion of two ethno-national states in historic Palestine - Palestine and Israel. According to this framework, refugees would be resettled in a future state of Palestine to be established in the West Bank, eastern Jerusalem, and the Gaza Strip, rather than in their places of origin. In other words, Palestinian refugees do not have rights. Durable solutions for Palestinian refugees and displaced persons are therefore framed in humanitarian terms without reference to the legal norms applied in other refugee cases. Agreements provide mechanisms to address the refugee issue, but there is no explicit reference to the right of Palestinian refugees and displaced return to their homes. Nor is there explicit reference to the right to housing and property restitution. Unlike other refugee cases, the starting point in crafting durable solutions for Palestinian refugees is the ethnic, national and religious origin of the refugees rather than the rights and wishes of each individual refugee. Agreements also exclude reference to the primary United Nations resolutions that address durable solutions for Palestinian refugees. UN General Assembly Resolution 194(III), adopted one day after the Universal Declaration of Human Rights, affirms three separate rights - i.e., return, restitution, and compensation - and two distinct solutions. Refugees should be permitted to choose to return, repossess their properties, and receive compensation for damages. Refugees not wishing to return should receive compensation and assistance for integration into new communities elsewhere. The agreements also exclude reference to UN Security Council 237 affirming the return of refugees displaced in 1967. Peace Based on Rights Refugee rights are human rights. They are sine qua non for a peace agreement. Human rights provide a common framework to regulate relations between former antagonists, mediate future disputes and reconcile past injustices. Disregarding refugee rights, or subordinating these rights to political considerations, can only undermine the prospects of achieving durable peace and security. It is not possible to produce peace against the background of unfulfilled desires for return.
The recognition of the right of refugees to return to their homes and repossess their properties in all major peace agreements addressing refugee problems worldwide in the last ten years, suggests that there is no reason why these principles should not be included in a final peace agreement between the PLO and Israel. Exclusion of refugee rights from the search for a just and durable solution to the Palestinian-Israeli conflict also undermines the respect for and promotion of rule of law in the region.
Recognition of the right of refugees and displaced persons to voluntarily return to their homes of origin and repossess their properties has become a key marker of democracy and respect for fundamental rights and freedoms. An agreement that does not recognize and provide for the voluntary exercise of refugee rights may trigger further disagreements rather than reconciliation. It also carries the danger of underwriting mass displacement and facilitating its occurrence in the future. © 1999-2004 www.badil.org unless otherwise noted. This page may be copied, distributed and reprinted for informational purposes. To republish material from the BADIL website please add the author's name where applicable and the following credit: "Reprinted with permission of BADIL Resource Center for Palestinian Residency and Refugee Rights. For more information visit the BADIL website, www.badil.org." Please send us an email if you republish material from the BADIL website so we can more effectively monitor use and distribution of BADIL materials. BADIL Resource Center for Palestinian Residency and
Refugee Rights |
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