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Home al-Majdal Stocktaking and Perspectives (Spring 2000)
Stocktaking and Perspectives (Spring 2000)

Stocktaking & Perspectives of a BROAD, COMMUNITY-BASED CAMPAIGN for Palestinian Refugees' Right to Return & Restitution

 Ever since the launching of official political negotiations at the 1991 Madrid Conference, some five million Palestinian refugees in exile and in the homeland have been deeply concerned over a Middle East "Peace Process" defined almost solely in Israeli terms. They are stunned and frightened by international support for models of a "finalsettlement" of the Israeli-Palestinian-Arab conflict, which completely violate international standards for durable solutions to refugee flows. Viewed against the backdrop of extremely unfavorable social and political circumstances, refugee efforts to place their rights - foremost the right of return and restitution - on the agenda of public debate havenot remained fruitless:Refugee grass roo ts initiatives, supported by non-refugee Palestinians, a small number of international activists and NGOs, have succeeded to draw increasing public attention to the plight of Palestinian refugees. Protest and public awareness raising have led to the formation of new advocacy initiatives worldwide and created new interest in research urgently needed for more efficient advocacy work.

A Tool for the Promotion of Palestinian Refugee Rights?
Frustrated by the lack of international political support for the rights and demands of the Palestinian people in general, and refugees in particular, Palestinians and their supporters have begun to re-examine international law as a potential source for protection and enforcement of Palestinian refugee rights. The weak position of the PLO in the final status negotiations with Israel, and the lack of an enforcement mechanism for UN General Assembly Resolution 194, has accorded a strong sense of urgency to these efforts.

Reference to international law to legitimize international interventions in recent refugee problems in Africa and Europe, as well as petitions and restitution claims raised in international human rights fora by other dispossessed and displaced groups and individuals worldwide, have served as encouraging examples for Palestinians and their supporters. While awareness raising and lobbying for the Palestinian right of return and restitution has become a common advocacy strategy of Palestinian and international actors, several issues remain yet to be resolved, before international law can be transformed into an efficient tool for actual protection and enforcement of Palestinian refugee rights.

European Court of Human Rights
An initial campaign with a high likelihood of success, that could be launched with relatively few resources and with a focus on "testing the waters" in Europe, should aim at the EU conditioning trade agreements with Israel on the latter's submission tothe ECHR (and/or on passage of legislation in Israel  to permit restitution and compensation claims for Palestinians). Another campaign suggested by the recent cases, which appear to be strong precedent for Palestinian restitution and compensation  claims, could examine the possibility of bringing claims directly to the ECHR.

Palestinian residents or citizens of an EU state are prospective petitioners in such actions. Such a petition would have to be extremely well-researched, and would require a coalition of European lawyers with experience in cases before the ECHR, as well as a broad-based coalition for campaigning, to focus attention and publicity on the case/s.

Report: RETURN RALLY National Committee of the Internally Displaced,

Nazareth, 11 March 2000. On Saturday, 11 March, internally displaced Palestinians in Israel joined Palestinian refugee communities in exile to reaffirm the right of return. "No peace with Israel without the implementation of our right to return to homes and properties" is the demand which mobilizesnot only millions of Palestinian refugees in the  Arab and western exile, but also the approximately 250,000 Palestinians who have remained - displaced and disowned - inside Israel.

The public Rally for the Right of Return, organized by the National Committee for the Defense of the Rights of the Internally Displaced in the sports hall of the Nazareth municipality, was attended by some 850 participants - activists from displaced communities, Palestinian political parties and movements, representatives of Palestinian local councils and public institutions in Israel, as well as solidarity delegations from the occupied Syrian Golan Heights, from refugee camps in the occupied West Bank, and the PLO.

Reinterpreting the Status of Palestinian Refugees International Law"
Kalandia Camp, 24 March 2000

Some twenty activists in Palestinian refugee organizations and national institutions, many of them members of the BADIL Friends Forum, met at the office of the Union of Youth Activity Centers (UYAC) in Kalandia Camp to discuss a BADIL proposal for a renewed joint effort aimed at obtaining international protection for Palestinian refugees.

Susan Akram, Refugee Law expert at Boston University, presented the legal framework underlying this proposal. Her reinterpretation of international refugee law (1951 Refugee Convention and UNHCR Statutes) was met with much interest, and participants confirmed the urgent need for the inclusion of Palestinian refugees in the international refugee protection regime.

Official final status negotiations on the core issues of the Palestinian/Arab - Israeli conflict opened according to schedule in September 1999 and were temporarily discontinued four months later, without having proceeded beyond the presentation of the initial starting positions by the Israeli and Palestinian delegations (see al Majdal/ 4). Negotiations went into crisis in January 2000 over Israel's aggressive settlement policy in the 1967 occupied territories. More than 3,000 new settlement units have been started since Barak was elected, bringing the total number of units under construction in Israeli settlements to 7,120, nearly 2,000 more than under Netanyahu (Peace Now figures cited by AP, 21/2/00).

 Negotiations were officially discontinued inFebruary, as a result of the unilateral Israeli decision to exclude Palestinian lands in the vicinity of Jerusalem (Abu Dis, Anata, al- Sawwahra) from the areas scheduled for the second Israeli redeployment from 6.1 percent of the West Bank based on the Sharem Al-Sheikh Memorandum (September 1999).

On 30 March, Palestinians commemorated the 24th anniversary of the violent Israeli repression of Palestinian protests against land expropriation in the Galilee in 1976, which resulted in six killed and more than 70 injured Palestinian demonstrators.
The leadership of the Palestinian community inside Israel called for a general strike to commemorate land day to protest ongoing expropriation of land and discrimination in planning, development, and allocation of financial resources for Palestinian localities in Israel. Large demonstrations were held throughout the 1967 occupied territories and inside 1948 Palestine/Israel. In Jerusalem, Palestinians protested at the site of a new Israeli settlement in the eastern Jerusalem neighborhood of Ras al- Amud. A demonstration was also held at al-Ram, the northern checkpoint to Jerusalem, which was been in place since Israel imposed a military closure in 1993, denying most Palestinians access to Jerusalem. Clashes between Palestinians and Israeli police and soldiers erupted throughout the West Bank, Gaza, and inside Israel.

"We Learn the Lessons from our Past and Design our Tools for the Struggle for a Better Future"

Statement issued by Ittijah, the Union of Palestinian NGOs in 1948 Palestine/Israel, March 2000 The 24th anniversary of the Land Day is the best occasion to contemplate the impact of this historical day in our people's history, our points of weakness and strength, our identity, our institutions, and our responsibility towards ourselves and towards our people.

This anniversary symbolizes and embodies a major station in our people's struggle. The 1976 Land Day is considered as a qualitative step toward the crystallization of the role of the Palestinian minority in Israel in the struggle, although it was neither the first nor the last day in our fight against the ruling Israeli establishment and its discriminatory, repressive policies in place since the 1948 Nakba. Our struggle is a struggle for the Palestinian national issues, and a struggle for the collective rights of a minority who wants to live with honor in its land. Land Day proves the power of our people, if they decide - as institutions and leadership - to opt for struggle in order to achieve our collective rights and the rights of the whole Palestinian people.

The British Mandate
Land ownership under the British Mandate was based on the Ottoman Land Code, with additional legislation adopted during the Mandate. Under the Ottoman Code, land was classified in five categories with provisions for documentation of registration. The two basic types of land were mulk (private lands), and miri (land
leased from the state). While the latter was subject to certain limitations, miri land was inherited, sold, and generally regarded as the land of the user. Under the code, individuals able to prove cultivation of a plot of land for 10 years or more were issued a title of ownership.

Internally Displaced Palestinians Still Waiting to Return to their Villages
Members of the current Labor government committee on the future of Palestinian residents from the villages of Iqrit and Bir'am,
including Yossi Beilin, Avraham Shochat, Haim Oron, Haim Ramon, as well as Yossi Kucik, director general of the prime minister's ffice, visited the area in advance of the High Court's expected May ruling on the residents petition to finally return to their villages some five decades after an initial High Court ruling in their favor. Recommendations supported by the current committee (Ha’aretz, 21 March 2000) include those set down by a 1996 committee under the previous Labor government. These include:  Allocation of 900 dunums of land together for both villages even though the villages owned a total of 28,000 dunums in 1948 before they were expelled and the villages were razed to the ground.

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