|
A Struggle for Restitution:
The Case of Kafr Bir’im
by Nihad Boqai’
The name of
Kafr Bir’im is well-known in the context of Palestinian displacement. This
Palestinian Christian village is located 4 km south of the
Lebanese-Israel/Palestine border. In mid-November 1948, two weeks after
Israeli forces occupied the village, residents were ordered to leave with a
promise from Israeli officials that the people of Kafr Bir’im would be able
to return to their homes within two weeks. Fifty-seven years later they
remain in forced exile.
While the
experience of Kafr Bir’im in 1948, as well as the nearby village of Iqrit
which faced a similar fate, illustrates Israel’s direct responsibility in
creating the Palestinian refugee problem, the case is important for another
reason – the unique struggle of the displaced for return and restitution.
For more than
five decades, displaced Palestinians from Kafr Bir’im have led one of the
most intensive struggles for return and restitution on two related fronts –
political-legal and social. The firstfrontwasdirected towards Israel in
order to allow them to return to their homes of origin. The second front
focused on the displaced themselves, especially the new generations from the
village, in order to keep the struggle for return alive. On both fronts, the
church has played a central role.
Engaging
Israeli officials
On the
political-legal front, the struggle of the displaced started from the first
day of exile, by holding meetings with and writing to officials, ministers
and policymakers. These contacts produced some results, such as allowing the
displaced from Kafr Bir’im to use some of their land, but these contacts
failed to achieve the main goal of the displaced - return and restitution.
Turning to the
courts
The displaced
then turned to the Israeli courts. In July 1951, the Israeli Supreme Court
ruled that the displaced should be allowed to return to Kafr Bir’im. But
they were still prevented from returning. In October of the same year the
Court ordered the government to explain why it continued to prevent the
displaced from returning to their village and lands. Israeli military forces
subsequently declared the area a closed military zone and in 1953 destroyed
the village.
Drafting return
and restitution proposals
The displaced
from Kafr Bir’im have also drafted their own return and restitution
proposals. These were submitted to a ministerial committee set up in
November 1993 to discuss the subject of Kafr Bir’im and Iqrit. The Committee
was headed by then Minister of Justice David Libai. A committee of the
displaced from the village presented four detailed proposals for a “return
plan”, with answers to the main Israeli “concerns”.
On 24 December
1995, however, the Committee recommended that each person originally
displaced in 1948 (together with two of his descendants) has the right to a
long term lease for half a dunum (0.125 acres) to build a home. It
also recommended granting 600 dunums (150 acres) for all the uprooted people
who were driven away from their property instead of some 12,000 dunums owned
by the village. The displaced people rejected the plan because it did not
allow them to repossess their property and only enabled a limited number to
return.
Social
activities in the village
On the social
front, there has been a process to strengthen identity and attachment to the
village of Kar Bir’im. Efforts have been directed towards the second and the
third generations who were not born in the village. It should be noted in
this context that a positive refugee identity (i.e., “I’m from there”) and
not the negative one (i.e., “I’m not from here”) is a central component of
this socialization process. For example, the displaced have strongly
rejected numerous government proposals for alternative land outside Kafr
Bir’im, which could resolve many socio-economic obstacles related to their
status as refugees and landless persons.
A number of
social activities have taken place in Kafr Bir’im since the 1960s, when they
started to bury the dead in the village cemetery (the first burial took
place in 1956, with special permission from the military governor). In 1972
the first wedding took place in the village. Two years later, the displaced
succeeded to get a permission to repair the village church. And since 1987,
the displaced hold a one-week summer camp in Kar Bir’im with the
participation of hundreds spanning three generations. Visits to the village
to celebrate holidays have become a regular ritual.
While it is
clear that after five decades Israel is not interested in allowing the
displaced from the village to return, it is equally clear that displaced
Palestinians from Kafr Bir’im themselves are not willing to give up their
struggle. The efforts of the displaced over the past fifty some years are a
testament not only to their persistence but also demonstrate the creativity
of refugees in contributing to a solution to their plight.
Nihad Boqai’ is
the Coordinator of Research, Information and Legal Advocacy at BADIL.
-------------------------------
Other Focus Articles
–
Making the Right to Return
a Reality: Utilizing of the United Nations Principles on Housing and
Property Restitution
by Scott Leckie and Mayra Gomez
–
The Atlas of Palestine 1948
Interview with Dr. Salman Abu Sitta
– “Nothing New to Report”:
The Registry of Damage Resulting from the Construction of the Wall
– The Fate of Decolonized
Land in the Gaza Strip and Northern West Bank
–
Documenting Palestinian
Refugee Claims: The Unfinished Job
by Terry Rempel
–
Do Israeli
Rights Conflict with the Palestinian Right of Return? Identifying the
Possible Legal Arguments
by Michael Kagan
–
The Holocaust
Industry Doesn’t Act Against Israel as it Did Against Switzerland
by Shraga
Elam
–
Taking
Restitution Claims to the European Court of Human Rights
Interview with Titina Loizidou
|