Durable Solutions & Reparations for Palestinian Refugees Accountability & rights-based approach to the forcible displacement of Palestinians BADIL Resource Center for Palestinian Residency and Refugee Rights March 2010

2 What are Durable Solutions for Refugees and Displaced Persons Just solutions Restoration of human rights on permanent basis according to international law

3 Durable Solutions Include: Repatriation (Return) IntegrationResettlement housing & property restitution, compensation (as part of reparation) FREE WELL INFORMED INDIVIDUAL CHOICE

4 Repatriation (I) Is the only durable solution based on a recognized human right. The fundamental right of return (customary law & international treaties)

5 The Right of Return Guaranteed in three main bodies of law: International & regional Human Rights Law (UDHR, ICCPR & CERD, African Charter, American Convention and ECHR-Protocol 4) International Humanitarian Law Law of Nationality and State Succession*

6 Repatriation (II) Recognized as the most appropriate solution for refugees both in principle and in state practice.

7 Repatriation (the Right of Return) in Peace Agreements Cambodia (1991), Mozambique (1992), Georgia (1992), Rwanda (1993), Croatia (1995), Bosnia-Herzegovina (1995), Guatemala (1996), Tajikistan (1997), Northern Ireland (1998), Kosovo (1999), Sierra Leone (1999), Burundi (2001), Macedonia (2001), Liberia (2003), Darfur (2006).

8 Bosnia-Herzegovina (1995) Dayton Peace Agreement, Annex 7 “... The early return of refugees and displaced persons is an important objective of the settlement of the conflict in Bosnia and Herzegovina. The Parties confirm that they will accept the return of such persons...”

9 Law, Politics and Durable Solutions for Refugees Durable solutions are ultimately the result of a political negotiation process

10 state-centric focus on individual refugee little justice and unsustainable peace justice & sustainable peace Encourages a solution that is determined by the interest of states and the balance of power between the parties of the conflict Strengthens the role of law in political negotiations, respect of human rights and principles of rule of law, justice, accountability and refugee participation A Politically-driven Approach*A Rights-based Approach

Which Approach to the Palestinian Refugee Question? Root Cause = policy of forcible population transfer of the Zionist movement & Israel with the aim to change the demographic composition of the country for Jewish colonization

12 Palestinian refugees are victims of “ethnic cleansing” Israel's policy of forcible population transfer since 1948 Nakba: gross & systematic violation of international human rights & humanitarian law war crime & crime against humanity

13 Israel must provide reparation Law of State Responsibility; UN Priniciples and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of IHRL and IHL Restitution: restore the rights of the victims (return, housing & property restitution, a.o.) Compensation for material and immaterial damages Rehabilitation Satisfaction: judicial and administrative sanctions, public apology, etc. Guarantees of non-repetition: reform of law, strengthening independence of courts, etc.

14 UN Resolutions affirm primacy of return and restitution in durable solutions for Palestinian refugees (examples) GA. Res. 181 (1947) - Partition plan - No population transfer GA Res. 194(III), Affirmed principles of return & restitution - UNCCP to facilitate negotiations - Affirmed 135 times (1948 – 2000) SC Res. 237 and 242 (1967) - Return of 1967 displaced persons - Just settlement of refugee problem GA Res (1974) - Self-determination & refugee return & restitution

15 Lusanne(1949), Paris(1951), Camp David (2000), Taba (2001)…still no durable solution and reparation? 1. Israel's strong and persistent denial of the Palestinians’ right of return 2. No rights-based negotiation framework and mechanisms set up by powerful western states (no “Oslo Annex-7”, third-party mediation, arbitration, UN-sponsorship, etc.)* 3. Solutions that violate refugees' right of return are promoted as “pragmatic” and “realistic” - trigger Palestinian resistance.

16 violate international law (the “Jewish character” of the state, demographic composition) do not withstand serious scrutiny (no room, security) prevent constructive debate and solutions for legitimate concerns raised by refugee return (e.g. public order, political, social economic and cultural integration, impact on natural resources). Israel’s Claims:

17 The Real Reason for Israel's Rejection of return Obtain maximum Palestinian land with a minimum number of Palestinians; Keep the land as a reserve for future Jewish immigration and colonization. (Israel absorbed over 1 million Jewish/non-Palestinian immigrants in the 1990s)

18 Refugee return is not about restoring the past but about building a better & more just future

19 Towards Accountability to International Law & Rights-based Solutions BADIL Recommendations: Raise awareness of the root-cause of ongoing Palestinian displacement (population transfer/ethnic cleansing by Israel’s regime combining apartheid, colonization and occupation) Advocate for access to all three durable solutions (repatriation, integration, resettlement) as well as reparation, based on choice of the refugees Join the Campaign for Boycott, Divestment & Sanctions (BDS) to build pressure on Israel and those complicit Promote accountability – including criminal investigation & prosectuion – of perpetrators to end impunity Support Palestinians refugees in exile to make their voice heard & encourage their participation in civil society initiatives abroad and in Palestine