A
Generous Offer
To The Palestinian Refugees?
By Neta Golan
06 December, 2007
IMEU
Anyone
familiar with Israeli politics was not surprised that Israeli Prime
Minister Ehud Olmert did not acknowledge Israel's occupation in his
speech at Annapolis. What was surprising was that short of mentioning
the "R" word- refugees, Olmert acknowledged the Palestinian
refugee problem.
Referring to the Palestinians,
the Israeli Prime Minister stated in his Annapolis speech: "your
people, too, have suffered for many years; and there are some who still
suffer. Many Palestinians have been living for decades in camps, disconnected
from the environment in which they grew up, wallowing in poverty, in
neglect, alienation, bitterness, and a deep, unrelenting sense of humiliation."
Olmert's characterization of the refugees is only partially correct.
Poverty, neglect, alienation, bitterness and feelings of humiliation,
are only one component of the refugee experience. There are also other
components, such as community, pride, generosity, and perseverance.
This one-dimensional characterization obviously suits Olmert's conception
of a solution. It also casts refugees as objects that will be acted
upon (once again), rather than subjects who can genuinely participate
in finding a solution. A recent article in the Israeli newspaper Ha'aretz
Daily titled "Refugees and Jerusalem : A question of money"
sheds light on Olmert's statements. The article revealed the outlines
of the deal being cooked to sell the rights of the Palestinian refugees.
In addition to oral testimonies
given both by Palestinian refugees and Jewish combatants, many official
documents describe policies and actions taken by Jewish militias which
were designed to expel Palestinians from what has become the state Israel.
According to Israeli Historian Benny Morris "In the months of April-May
1948, units of the Haganah [the pre-state defense force that was to
become the IDF] were given operational orders that stated explicitly
that they were to uproot the villagers, expel them and destroy the villages
themselves." Yet Olmert presented the refugee issue as a humanitarian
problem, not unlike one caused by a natural disaster, saying that "
Israel will be part of an international mechanism that will assist in
finding a solution to this problem." Olmert made it clear that
he was not admitting Israel's responsibility for creating the problem
by saying "I came here today not in order to settle historical
accounts between us...", and by equating the Palestinian refugee
problem with the "constant suffering of many Israelis."
The solution Olmert suggests
is "an international effort, in which we (Israel) will participate,
to assist these Palestinians in finding a proper framework for their
future, in the Palestinian state that will be established in the territories
agreed upon between us." The suggestion that the refugees do not
have the choice to return to the lands from which they were expelled,
but instead "return" to a future Palestinian state, is contrary
to international humanitarian law, and to UN resolution 194 that "Resolves
that the refugees wishing to return to their homes and live at peace
with their neighbours should be permitted to do so at the earliest practicable
date." Despite this, the United States President George Bush promised
Ariel Sharon in a letter on the 14th of April 2004 "an agreed,
just, fair and realistic framework for a solution to the Palestinian
refugee issue as part of any final status agreement will need to be
found through the establishment of a Palestinian state, and the settling
of Palestinian refugees there, rather than in Israel." Despite
the illegality of these promises, they were ratified on June 23, 2004
by both the United States House and Senate. Olmert refers to this letter
in his statement as a point of departure for the negotiations.
Working groups are now developing
plans to implement Bush’s promise. According to Ha'aretz, The
Aix Group, "a semi-official political-economic backchannel"
is developing a plan for Palestinian refugees. The Aix Group's members
include Israeli, Palestinian and international economic experts, academics,
members of economic organizations, and officials from international
institutions, including the World Bank, the International Monetary Fund
and the European Union, who participate in the Aix Group in their personal
capacities.
The group is administered
by a steering committee led by Prof. Gilbert Benhayoun, a Moroccan-born
Frenchman, Prof. Arie Arnon, economics professor from Ben-Gurion University
in Be’er Sheva, Said Bamya, the former deputy minister for economic
affairs in the Palestinian Authority, Dr. Ron Pundak, director of the
Peres Center and Dr. Samir Hazbun from DATA Studies and Consultation.
Other partners include the European Union, French donors, the World
Bank, the French Foreign Ministry, the International Development Research
Center in Canada, the General Council of the Bouches du Rhone, and the
Regional Council of Provence-Alpes-Cote d'Azur.
The Aix Group's document
opens with a declaration of principles stating that an agreed and just
long-term solution to the problem of the 1948 refugees must be based
on the relevant United Nations resolutions, including General Assembly
Resolution 194, but then nullifies that statement by saying that "a
literal application of this Resolution is no longer possible given the
substantial changes on the ground." The document then describes
an arrangement that would substitute for the U.N. resolution which they
have deemed no longer applicable, stating that, "The parties would
agree that the measures recommended in the paper implement Resolution
194."
The reference to "substantial
changes on the ground" as an obstacle that renders the UN resolution
inapplicable perpetuates the myth that physical or material obstacles
render return impossible. According to Salman Abu Sitta an expert on
the Palestinian refugee issue, "90% of the village sites are still
vacant, 7% are partially built-over, and only 3% are totally built over
in Tel Aviv and West Jerusalem." Of course, there are obvious issues
that would have to be addressed. But these problems have been dealt
with in many places, such as Bosnia, Kosovo and Tajikistan, to name
a few, and pose no obstacle in and of themselves to return. A hint to
what the real obstacle may be lies in Ha'aretz correspondent Akiva Eldar's
statement that "The Aix Group is convinced that if bold steps are
not taken in the right direction, the vision of one state for two peoples,
based on joint citizenship and equality before the law, will be placed
on the agenda."
The group suggests that an
international committee of experts would determine what constitutes
"fair and full" compensation for property claims. They estimate
that the total cost of these claims will be between $15 billion and
$30 billion.
The group makes it clear
that in cases in which "fair and full compensation" is offered,
"restitution" (the right of return) will not be considered.
This formulation turns the basic principle set in the UN Principles
on Housing and Property Restitution for Refugees and Displaced Persons
totally on end. The UN principles clearly note that restitution is the
primary remedy, and compensation only comes into play if refugees themselves
choose compensation, or if restitution is factually not possible as
determined by an independent tribunal.
"Palestinian refugees
will be asked to choose a permanent place of residence, the group proposes
that the individuals choose more than one alternative and rank their
priorities." But the implementation of this choice depends on "the
states concerned", including Israel. Aix proposes to create an
International Agency for the Palestinian Refugees (IAPR) that will be
responsible "to ensure that the final decisions satisfy the wishes
of the refugees as much as possible and are in line with the overall
agreements to be signed between the representatives of the two sides,
and possibly also with the relevant host countries and other countries."
The Aix group expects that
a large number of refugees will choose to relocate to other countries
at the cost of $8 billion to $19 billion, depending on how many refugees
will choose to move from their current country of residence. The plan
suggests that some of the Palestinian refugees will be rehabilitated
in their current locations and will receive compensation "in kind
or in money" at a cost of $10 billion to $14 billion.
In addition, the group recommends
the creation of a fourth fund, which will require about $22 billion,
for compensation relating to "refugeehood" not related to
property claims or the other programs. All the registered refugees will
receive a uniform amount of about $5,000 each. According to Ha’aretz,
the money can be attained in a period spread out over 10 years and with
extensive, generous international aid.
Under international humanitarian
law the right of refugees to return to their homes is an inalienable,
individual human right. Like all human rights, it is invaluable and
cannot be bought. Under Israel and Bush’s "solution",
Palestinian refugee families who had been expelled from what is now
Israel would be consigned to return, not to their homes, but to small,
non-contiguous parts of less than 22% of their original homeland. Jews
from anywhere in the world, on the other hand, would be free to "return"
to more than 78% of historic Palestine, frequently to live on land seized
from those same Palestinian refugees. Such clear discrimination against
Palestinian refugees and privileging of Jews from anywhere in the world
illustrates clearly that these proposals would further a separate but
unequal solution that cannot result in peace.
Neta Golan
is an Israeli peace with justice activist living in Ramallah, and a
founder of the International Solidarity Movement. For more information
see: www.apartheidmasked.org
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