Cross-Cultural Understanding
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News, April 2008 |
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The Palestinian Right of Return, a Basic Right Still Denied by Israelis and their Supports Al-Awda The Right To Return, a Basic Right Still Denied* • Palestinian refugees represent the longest suffering and largest refugee population in the world today. • In 2005, there were approximately 7.2 million Palestinian refugees, equivalent to 74% of the entire Palestinian population which is estimated at 9.7 million worldwide. • The breakdown of the refugee population is as follows:
• The Right to Return has a solid legal basis:
Moreover, the Principle of Self Determination guarantees, inter alia, the right of ownership and domicile in one's own country. The UN adopted this principle in 1947. In 1969 and thereafter, it was explicitly applied to the Palestinian People, including "the legality of the Peoples' struggle for Self-Determination and Liberation", (GAOR 2535 (xxiv), 2628 (xxv), 2672 (xxv), 2792 (xxvi)). International law demands that neither occupation nor sovereignty diminish the rights of ownership. When the Ottomans surrendered in 1920, Palestinian ownership of the land was maintained. The land and property of the refugees remains their own and they are entitled to return to it. • In 1948, the international community felt a deep sense of responsibility for the mass dispossession, genocide and the Zionist expulsion of Palestinians from their own land that began then. United Nations Mediator Count Folke Bernadotte, who was later assassinated by a Zionist terrorist hit squad, stated: "It would be an offence against the principles of elemental justice if these innocent victims of the conflict were denied the right to return to their homes, while Jewish immigrants flow into Palestine" (UN Doc Al 648, 1948). This remains true today as any Jew, regardless of national origin, can gain automatic citizenship while Palestinian Arabs are denied their right to return to their own homeland. • Consistent with International Law, The United Nations General Assembly adopted Resolution 194 on December 11, 1948. Paragraph 11 states: "the [Palestinian] refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible." • UN General Assembly Resolution 194 has been affirmed by the UN over 130 times since its introduction in 1948 with universal consensus except for Israel and the U.S. This resolution was further clarified by UN General Assembly Resolution 3236 which reaffirms in Subsection 2: "the inalienable right of Palestinians to return to their homes and property from which they have been displaced and uprooted, and calls for their return." • Israel's admission to the UN was conditional on its acceptance of UN resolutions including 194. Denying the right of Palestinian refugees to return to their homes and lands is a war crime and an act of aggression which deserves action by the international community. The international community should apply sanctions on "Israel" until it complies with international law. • The right of refugees to return is not only sacred and legal but also possible. Demographic studies show that 80% of Israeli Jews live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to Palestinian refugees. Further, of the 20%, 18% of Israeli Jews live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 Palestinian refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. Ninety seven percent of the entire Palestinian refugee population currently lives within 100 km of their homes. Fifty percent live within 40 km. While many live within sight of their homes. • The inalienable rights of refugees are not negotiable. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. • The US is bound by its laws not to fund regimes that violate human rights and basic freedoms. There is no more elemental right than one's right to his/her home and to live in his/her land. The US could use the leverage of the massive financial support it gives to the State of Israel to press for this right. *Sources:
Dr. Salman Abu Sitta See also: FAQs on Refugees and Al Awda's Points of Unity
Further reading:
Encyclopedia of the Palestine Problem From Refugees To Citizens At Home The Question of Palestine and the United Nations History of the Palestine Problem
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Sixth Annual International Al-Awda Convention On The 60th Year of Al-Nakba and Struggle to Return Anaheim, California May 16-18, 2008 http://al-awda.org --------------------------------- Support Al-Awda, a Great Organization and Cause! Become an Al-Awda Sustainer: Monthly: http://al-awda.org/sustainers.html Annually: http://al-awda.org/sustainers2.html Fair Use Notice This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
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