1. 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

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

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

4. 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

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

6. 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.

7. 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.

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

9. Displaced Palestinians according to Group and Period
UNRWA registered Refugees
Non- registered 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 )

10. 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

11. 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

12. 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

13. 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.

14. 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

15. 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

16. 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.

17. 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?

18. 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

19. 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.