Durable solutions to refugee flows include repatriation, host country integration and third country resettlement. Of the three solutions only repatriation or return is recognized as an individual right under international law. Voluntariness or refugee choice is the key principle governing these solutions. Refugees also have an individual right to housing and property restitution and compensation for damages and losses.

General Assembly Resolution 194(III), 11 December 1948, affirms that Palestinian refugees, including those internally displaced within Israel, have a right to return to their homes of origin. Refugees not choosing to exercise their right of return are entitled to resettlement assistance. The United Nations also affirmed the right of Palestinian refugees displaced in 1967 to return as set forth in Security Council Resolution 237, 14 June 1967. General Assembly Resolution 3236(XXIX), 22 November 1974, reaffirms the inalienable right of Palestinian refugees to return to their homes. Moreover, the United Nations has repeatedly affirmed the right of return for those Palestinians in refugee-like situations due to expulsion, deportation, denial of residency rights, etc.

General Assembly Resolution 194(III) reaffirms the right of Palestinian refugees and displaced persons to housing and property restitution. The resolution specifically calls for the return of refugees and displaced persons to their homes rather than their homeland. General Assembly Resolution 3236(XXIX) reaffirms the inalienable right of Palestinian refugees to return to their properties. Resolution 194(III) also reaffirms the right of Palestinian refugees and displaced persons to compensation for loss of or damage to movable and immovable property. Persons choosing to return and those choosing to resettle elsewhere are both entitled to compensation. A broader set of claims under the resolution may include compensation for human capital losses and psychological suffering.

The UN General Assembly established the Conciliation Commission for Palestine (UNCCP) to facilitate durable solutions for persons displaced as a result of the 1947-1948 conflict and war in Palestine. The UNCCP was unable to carry out its mandate. Israel opposed and remains opposed to the return and restitution of Palestinian refugees displaced in 1948 due to their ethnic, religious and national origins. The Commission did examine means and principles for refugee compensation and created a comprehensive database of Palestinian property inside Israel. Israel's protracted military occupation of the West Bank, eastern Jerusalem, and the Gaza Strip prevents the return of refugees displaced in 1967 and after. To date, peace agreements between Israel and the PLO are not consistent with international law and relevant UN resolutions. Unlike peace agreements in most other refugee cases, they do not recognize recognize the right of Palestinian refugees and displaced persons to return, repossess their homes and properties, and receive compensation for losses and damages.

Related BADIL Publications:

• Reinterpreting Palestinian Refugee Rights Under International Law and a Framework for Durable Solutions

• Internally Displaced Palestinians, International Protection and Durable Solutions

• A Two-State Solution and Palestinian Refugee Rights

• Principles and Mechanisms for a Durable Solution for Palestinian Refugees: The Taba Proposals

• The Meaning of UN General Assembly Resolution 194(III)

• Peace Agreements and Refugees - Lessons Learned

• Conflict Management or Conflict Resolution?