At the heart of the Palestinian cause are the Palestinian refugees.
Solving the Palestinian-Israeli conflict in all its aspects and achieving
a comprehensive peace settlement in the Middle East means that, among other
issues, the problem of the Palestinian refugees should be addressed and
solved. A failure to achieve a satisfactory solution to this problem will
continue to threaten the prospects for a durable peace, stability and security
in the region.
Physical force, psychological intimidation, terror and legitimate fear
for one's own safety were behind the expulsion or exodus of Palestinian
refugees from their own homeland, Palestine, in 1948. Forced after 1948
catastrophe to come to terms with the unbearable burden of exile, it was
almost as a way of denying their exile that Palestinian refugees guarded
the keys of their old houses and the deeds to their lands, still keeping
every document that attested to their association with lost homes. They
held on these documents as though they might need them at any moment. And
even if not, at least they proved that the owners were not merely derelict
nomads, but people with status and rights, the owners of houses and property.
Even some of those who refused to leave or remained in their own homes
at the risk of their lives eventually became refugees in their own country.
They had to leave their villages, emptied of their citizens, ad the Israeli
army gathered them and moved them forcibly to one village. The lands and
properties they left behind came under state supervision and were declared
absentee property. The Palestinians, as a nation, were victimized in 1948.
They lost much more than homes and property. They lost a home-land. And
Palestinian consciousness-even of those who were not expelled or did not
flee during 1948 - has been permeated, mouded by this deep tragedy.
Over the years UNRWA (the United Nations Relief and Work Agency), continued
to refine its classification of who is a Palestinian refugee, until the
present working definition was reached. It states that "A Palestinian
refugee is a person whose normal residence was Palestine for a minimum
of two years preceding the conflict in 1948, and who, as a result of the
conflict, lost both his home and his means of livelihood and took refuge
in one of the countries where UNRWA provides relief (Jordan, Lebanon, Syria,
West Bank, Gaza).
Although the number of refugees in this category had increased from 914.000
in 1950 to over three million by 1995, there were several groups of Palestinian
displaced by the Arab-Israeli conflict who did not fit UNRWA's definition.
They included several hundred of thousand Palestinians in "Frontier
villages" on the Jordan side of the armistic lines who lost their
livelihood when they were cut off from fields on the Israel side of border:
several Gazans in a similar situation: several thousand Bedouins cut off
from tradizional grazing areas, and several thousand needy Palestinians
in areas beyond UNRWA operations. In the early 1950s, there were more than
300.000 people in these categories who did not fit UNRWA's refugee definition;
they were called "other claimants" whom UNRWA was unable to assist
because of lack of funds.
The June 1967 war created a new category-about 800.000 according to Palestinian
estimation while Israel officially refers to 200.000, this new category,
who were refugees a second time having left their original homes in 1948,
and their temporary residences in the Gaza Strip or the West Bank. These
include Palestinians who again fled for their safety hoping to be able
to return once the bombing and shooting stopped; those who were caught
outside the country when the war broke out; those whom Israel expelled
on grounds of incitement against the occupation, and those who were barred
from returning because their Israeli travel documents were expired before
they had the chance to renew them.
The different categories of 1967 refugees, on the other hand, cannot understand
why they are prevented from returning to their homes and lands in the West
Bank and Gaza If - with a modicum of understanding - the return of the
1948 refugees to their homes inside Israel can be considered a threat to
the Jewish majority and demographic balance in Israel, no one can comprehend
why Israel oppose the return of 1967 refuges or displaced persons to their
homes in the West Bank or Gaza, which has no bearing on the demographic
balance inside Israel.
The declaration of Principles (DOP), signed by Israel and the PLO in 1993,
allows for a discussion of the Palestinian refugee issue on two levels.
The 1967 refuges are being discussed now through a quadripartite committee
composed of Palestinians, Egyptians, Israelis, and Jordanians. The 1948
refugees are supposed to be discussed during the final status talks between
the Palestinians and Israelis.
Through its history, Israel has adopted three interrelated approaches to
the refugee issue. First, pretending indecisiveness and temporizing when
called upon to respond to proposals bearing upon the return of Palestinian
refugees, in particular the application of United Nations General Assembly
Resolution 194, which calls for allowing the return of Palestinians refugees
to their homeland and payment of compensation for those not wishing to
go back. Second, creating facts on the ground which Israel used to confront
external pressure from the international community and at the same time
to nullify any decisions not to its liking. This strategy, which is a continuation
of the Zionist movement's approach since the pre-48 period to the Palestine
question generally, remains the most enduring feature of Israeli policies
towards the Palestinians. Third, adopting bureaucratic procedure which
obfuscate, if not complicate, the discussion of the issue and impede the
implementation of any agreed upon procedure.
Underpinning these features are three arguments regularly used by Israel.
The first is the argument of security extensively used to justify barring
the return of refugees to both Israel and the PT. The second is the old
argument of demography, which Israel has always invoked to justify the
prevention of Palestinian refugees returning to their 1948 homes on the
ground that this would threaten the Jewish character of the state. The
third is the legal argument Israel and its supporters use to contend that
the right of return, as stipulated in United Nations General Assembly resolution
194, does not apply to the Palestinian case.
Except for an offer made by Israel in 1948, under pressure from the USA
to take back 100.000 of the 1948 refugees, no such overtures have been
made by Israel since then. The offer at the time was rejected by the Arabs
for its low ceiling and subsequently withdrawn by Israel. For nearly 50
years, Israel has consistently refused even to deal with the 1948 refugee
issue except in the context of an overall settlement of the Arab-Israeli
conflict, which it knew full well was a distant objective at that time.
It is thus not surprising to find that Israel has succeeded in placing
the 1948 refugees issue at the bottom of the DOP agenda, leaving it to
the final status talks.
As for the 1948 refugees, whose fate according to the Oslo agreement is
supposed to be dealt in the final status talks, there are no indicators
that Israel is prepared to allow the return of any Palestinian refugee
from 1948 to Israel proper. There is off-the-record talk that under certain
conditions, Israel may allow the return of between 50.000-75.000 refugees,
a very small percentage of the close to 2.7 million Palestinian refugees
registered with UNRWA, for symbolic reason to placate international public
opinion.
However, this remains a remote possibility, for allowing the return of
some minute number of refugees is constructed by Israel as an admission
of guilt regarding their exodus in 1948 for which, officially, Israel is
responsible. Some analysts, such as Slomo Gazit, an Israeli analyst, suggest
that as a final gesture of ending the century-long conflict with the Palestinians,
Israel should agree to either issue a statement or be a party to an international
body, such as the General assembly at the United Nations, which would pass
a resolution to replace Resolution 194 to acknowledge the human suffering
of the Palestinian refugees. This however, is not supposed to be considered
as an admission of culpability, the intent being merely to address the
psychological and moral aspects of the refugee issue.
In other words, in the best of circumstances the Israeli position is unlikely
to represent anything remotely close to the Palestinian position, or even
that of other Arabs. At the end of the day, Israel will allows several
thousands of Palestinian refugees from 1967 war to return by stretching
their entry over a protracted period of time,Israel will focus primarily
on the residents of the territories prior to 1967 and not those who were
refugees from 1948 and found themselves second time refugees as a result
of the 1967 war, nor those who left the territories during the interim
period for visits, marriage, work, study or any other reasons.
While the Palestinians, supported by other governments, continue to refer
to U.N. General Assembly Resolution 194, as of December 1993, the Americans,
and before them the Israelis all along, have treated this resolutions as
irrelevant to the settling of the refugee issue in the current frame work
of the peace talks.
In other words, the main task now is how to dress up, or better dress down,
Resolution 194 in order to diluite it and eventually remove it from the
U.N. record.
The Palestinian position so far has been characterized by political, economic
and organizational weakness, as well as lack of coordination with other
Arab governements, and the absence of concrete and comprehensive plans
to absorb returning refugees, whether of 1948 or 1967.
An honest and open debate on the refugee issue within the Palestinian refugees
communities is imperative. This should involve a free, independent plebiscite
to determine how marry refugees would actually want to exercise their right
of return and how many would want to remain where they are provided their
safety and fair treatment in their new environment are assumed. At minimum,
the Palestinian National Authority should institute its own law of return
and citizenship laws. A failure to resolve the refugee issue satisfactorily
guarantees the protraction of the Palestinian-Israeli conflict into its
second century.
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