Oslo is Dead: Alternative Approaches to Achieve Durable Solutions ( Issue No.58, Spring 2016)
27 April 2016
BADIL releases the April issue of al-Majdal (#58), titled “Oslo is Dead: Alternative Approaches to Achieve Durable Solutions”. In March 2015, BADIL surveyed over 3,000 Palestinian refugees in the West Bank, the Gaza Strip, Jordan and Lebanon and asked them about their preferred pathways to achieve durable solutions. This issue of al-Majdal starts by analyzing the results of this specific question and then explores the most preferred pathways chosen by the refugees. Al-Majdal no. 58 brings back to the fore the long-neglected refugee voices and offers an in-depth overview of the possible alternatives to Oslo available to and chosen by Palestinians.
Oslo is Dead: Alternative Approaches to Achieve Durable Solutions
Palestinian refugees and Internally Displaced Persons (IDPs) worldwide suffer from a grave ‘protection gap’, which refers to the lack of protection they are entitled to in accordance to international law. Individual states bear the primary responsibility for protecting the rights of their citizens and those subject to their authority and jurisdiction. In light of Israel’s failure to afford this protection to Palestinian refugees, the international community has an obligation to protect the rights of Palestinians, in particular the right to self-determination and the right of Palestinian refugees and IDPs to reparation (repatriation/return to their homes of origin, property restitution, compensation and non-repetition).
Paths to Durable Solutions Chosen by Palestinian Refugees
In BADIL’s Survey of Palestinian
Refugees and Internally Displaced Persons 2013-2015, a
questionnaire was conducted to examine the perceptions of
Palestinian refugees residing in UNRWA camps with regards to their
knowledge of international protection and their preferred paths to
durable solutions. Specifically, this article analyzes the results
of one of the most significant questions of the questionnaire: what
are the three most important pathways to achieve durable solutions
for the Palestinian refugees? The questionnaire was completed by
Palestinian refugees in the Gaza Strip, the West Bank, Jordan and
Lebanon, who were given ten options to choose from (see table
below). This article examines the overall results in all the areas,
the results of each area separately and provides possible
interpretations for the variations.
End apartheid, freedom and equality for all
by Bangani Ngeleza*
and Adri Nieuwhof**
BDS was the first prefered pathway chosen by Palestinian
refugees (51%); see p.5
Liberation movements in South Africa set the agenda with an overall
goal to end apartheid and achieve freedom and equality for all.
This goal and vision is encapsulated in the Freedom Charter which
was adopted in 1955 at a people’s congress held in Kliptown near
Johannesburg.1 The adoption of the Freedom Charter
followed months of wide scale consultation by volunteers who
crisscrossed the country asking people about the kind of South
Africa they would want to live in.2 Since then,
liberation movements, civil society and solidarity groups steered
in the same direction to realize the overall goal.
Security Council Sanctions on Israel?
These are dark days for those suffering the loss of country and means of subsistence, displacement, the denial of self-determination and other human rights that accompany the breakdown of peace and security. These days are gravely disappointing also for those seeking a UN Security Council (SC) that fulfills its UN Charter-based mandate to bear the “primary responsibility for the maintenance of international peace and security.”[1] In light of the current conflict in Syria, for example, any evaluation of the SC’s performance would not be favorable. Even UN Secretary General Ban Ki-moon has admitted that the SC is failing because of great power divisions that have prevented effective action to end the loss of hundreds of thousands of lives and driven the biggest refugee exodus in generations.[2]
The ICC and the ‘Situation in Palestine’: Political Sensibilities and Procedural Hurdles
The ICC was the third most
prefered pathway chosen by Palestinian refugees (42.4%); see
p.5
The Israel/Palestine context has long needed a game-changing
moment. Since early 2015, when Palestine’s years-long struggle to
trigger the International Criminal Court (ICC) jurisdiction came to
fruition, the question is whether the Court’s potential role will
fit the bill. In BADIL’s survey of refugees living in UNRWA camps
in Jordan, Lebanon, the West Bank and Gaza about their three
preferred channels to bring about a ‘durable solution’ to the
conflict, 43 percent listed the ICC – a third place finish, behind
the options of Security Council sanctions and supporting the BDS
movement.
Using other forms of resistance
Other forms of resistance
was the fourth most prefered pathway chosen by Palestinian refugees
(41.8%); see p.5
Surely, few observers can claim to be surprised by the call from
Palestinian refugees for a rethink as to the ways in which a
permanent solution to the refugee crisis is to be achieved?
It is, of course, true that formal, legal frameworks exist which
could adequately address the Israel-Palestine crisis, and its
attendant mass, forced displacement of Palestinians; displacement
evident both within the boundaries of Historic Palestine and
beyond. Indeed, the total combined population of Palestinian
refugees and IDPs now stands at some 7.9 million, representing the
single largest refugee population on the planet.[1] Such
frameworks are constructed from assorted instruments of
international law, including treaty, statute and UN
resolutions.[2] The common characteristic of such
instruments is their focus on the respect for and protection of
human rights, and in adopting such a focus, these essential
universal principles are elevated above the muddied and treacherous
waters of political expediency. Yet, in the case of Palestinian
displacement, these frameworks continue to be abused or, more
commonly, neglected altogether by international power
brokers.[3]
The imperative of building Palestinian representative institutions
Reforming the PLO was the
fifth most prefered pathway chosen by Palestinian refugees (39.3%);
see p.5
What should we Palestinians, as a people, do to better equip
ourselves in the struggle for our freedom and self-determination
given the continuing Nakba inflicted on us by the settler colonial
and racist state? The urgent need for rebuilding
representative and democratized Palestinian institutions to lead
the struggle for collective rights[1] stands out.
National institutions have been systematically undermined,
particularly since the early 1990s[2], and the
institutions of the Palestinian Authority (PA) have collapsed
separating the Gaza Strip (GS) from the West Bank (WB) since
mid-2007.
Book Review
“Yusif Sayigh: Arab
Economist, Palestinian Patriot; a Fractured Life Story”
Edited by Rosemary Sayigh (2015)
Yusif Sayigh (1916 – 2014) is widely known as an expert on Arab
economic development, as former Director of the Economic Research
Institute and Chairman of the Economics Department at the American
University of Beirut (AUB), and for his work with the Palestinian
Liberation Organization (PLO) on strategic planning of resistance
and economic development, including creation of PEDRA (Palestine
Economic Development and Reconstruction Agency, later PECDAR).
Compiled and edited by Rosemary Sayigh, anthropologist and Yusif’s
partner in life for more than five decades, with the compassion for
people and the ordinary that is characteristic of her oral history
work,[1] the memoirs of YusifSayigh
are, however, more than just another biography of a public
figure.
I wish some heavy rain
to wash the blood stain;
to rest and calm my fears
and Tal Rumeida's pain.
My dream is peace and justice
and ending that chain
of murdering, killing, shooting.
Can you tell me what we gain?
Hatred breeds more hatred.
Love can end the pain.
I dream of sunshine coming to meet the rain;
to spread that love around despite what has remained.
Do you know what has remained?
Barriers, borders, walls;
killing, shooting and drones.
And that dream again
occupying my brain;
the dream of heavy rain
washing the blood stain;
ending occupation
and feeling life again.
----------------------------
* Poem by Arwa Abu Haikal, from the Old City of Hebron