An Anti-apartheid Strategy for Palestinian Refugee Return

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Presentation transcript:

An Anti-apartheid Strategy for Palestinian Refugee Return Consequences for One-state vs. two- state solutions Consequences for practical action BADIL Resource Center for Palestinian Residency and Refugee Rights

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

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

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* * When territory undergoes a change of sovereignty, the habitual residents of the geographical territory “follow the change of sovereignty in matters of nationality” whether or not they were physically present within this geographical area on the actual date of the change of sovereignty. That all habitual residents found on the territory of the successor state must be granted the nationality of the new state; that a successor state may not arbitrarily denationalize, or expel, persons found on its territory; and that residents of the territory expelled during conflict are absolutely entitled to return to their places of habitual residence. ** Convention on the elimination of the racial discrimination

Palestinian refugees & IDP are victims of “ethnic cleansing” entitled to Reparation forcible population transfer: gross & systematic violation of international human rights & humanitarian law

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.

Solutions for refugees & IDP restore INDIVIDUAL human rights Individual rights do not contradict collective rights but are part of them. Solutions for refugees & IDP are separate from the question of political sovereignty over the territory where their rights are restored. Return must be permitted irrespective of whether Israel and Palestine are one state or two states.

In Practice – there are no solutions for Palestinian refugees and IDP There is the “Ongoing Nakba”: More forced displacement Denial of return Protracted refugeehood

Displaced Palestinians according to Group and Period UNRWA registered 1948 Refugees Non- registered 1948 Refugees 1967 Refugees IDPs in Israel since 1948 IDPs in the OPT since 1967 4,671,811 1,014,741 955,247 335,204 128,708 *Figures reflect estimates (end 2008) according to the best available sources and population growth projections; they are indicative rather than conclusive. (BADIL Survey 2008-2009)

Only 33% of the Palestinian people have never been displaced Percentage Distribution of the Palestinian Population Worldwide by type of Displacement Only 33% of the Palestinian people have never been displaced

The Root Cause of the ongoing Nakba Photo: Anne Paq The Root Cause of the ongoing Nakba is Israel's system of apartheid, occupation and colonization

Defining Israel's Regime over the Palestinian People: Occupation? a temporary measure that maintains law and order in a territory following armed conflict - tolerated Colonialism? annexation or other unlawful taking of control over territory thereby denying self-determination to indigenous population - prohibited Apartheid? systematic racial discrimination & oppression for the purpose of domination – prohibited, crime A core component of refugee protection is the search for durable solutions that allow the restoration of their human rights on a permanent basis

Defining the Crime of Apartheid inhumane acts committed through institutionalized discrimination by one racial group over another with the intention of maintaining systematic oppression and domination Based on: Rome Statute of the ICC; Convention against Apartheid of 1973.

4 Pillars of Israeli Apartheid Laws & policies that institutionalize privileged status of the dominant racial group Systematic fragmentation & segregation of the subordinate group Systematic population transfer combined with de- nationalization (statelessness) of refugees among the subordinate group Systematic oppression of resistance of the subordinate group Based on:: Occupation, Colonialism, Apartheid? A re-assessment of Israel’s practices in the OPT under international law; HSRC, Cape Town, South Africa, May 2009

The dominant racial group: “Jewish nationals and Israeli citizens” codified in Law of Return (1950) Citizenship Law (1952) with full rights of nationals in Israel*, a “Jewish state” under the law: right to enter the country right to citizenship right to land & natural resources (1952 WZO-JA (Status Law; 1953 JNF Law) right to full political participation * Eretz Israel = Israel + OPT

The subordinate racial group: Indigenous Palestinian citizens of British Mandate Palestine Fragmented into (main groups & laws only): Denationalized (stateless) 1948 refugees with no right to citizenship and property (1952 Citizenship Law, 1950 Absentee Properties Law) “Arab Israeli citizens” without rights of nationals (1952 Citizenship Law, Israeli land laws) 1967 refugees with no right to enter & live in the OPT (not registered in 1967 Israeli census/OPT) “Permanent residents of Jerusalem” without right to citizenship (Entry to Israel laws & regulations) “Permanent residents” of the West Bank and Gaza, treated as separate entities under military rule.

Consequences for the One-State vs. Two-State Debate The struggle for refugee return is a struggle against Israel's system of apartheid The struggle against apartheid is a struggle for ending systematic discrimination and domination on grounds of “race” When systematic racial discrimination ends, refugees can return and the foundations are laid for a one-state solution Or – would Palestinians and Israeli Jews then still opt for two states?

Consequences for Practical Action All States & Inter-governmental Organizations have a legal obligation to: condemn & suppress the crime of apartheid and punish those responsible/complicit not render aid or assistance to the crime protect the rights of Palestinian people (self-determination, return, etc.) Private business and global civil society have a moral obligation to do the same

Consequences for Practical Action by Civil Society Pressure Israel, states & UN to meet obligations Join the Campaign for Boycott, Divestment & Sanctions (BDS) Support and pressure for criminal investigation and prosecution Construct an alternative reality Support Palestinian rights, unity and inclusion of the refugees Build vision and undertake actions which show that a future without discrimination is possible, including refugee return and one state that respects the individual and collective rights of all citizens.