toastman;
et al,
Yes, I was hoping to avoid this. It is very controversial. United Nations General Assembly Resolutions 194(III) and 302(IV) are the principle authorities that have been cited over that last six decades; having been reconfirmed (most recently) in the Conclusions of the
Special Meeting of a Group of Supporters of UNRWA New York, 26 September 2013 (last month). It was also used as a guiding document just last month (September 2013) by President
Address by Mr. Mahmoud Abbas said:
The negotiations must also resolve the plight of Palestine refugees in a just, agreed-upon solution, in accordance with
resolution 194 (III) and as called for by the Arab Peace Initiative.
SOURCE: Sixty-eighth session 12th plenary meeting Thursday, 26 September 2013, 10 a.m. New York
So, we must examine what was agreed to in December 1948, and who it applied to then and now. As well as, the impact of the subsequent, but less talked about, Security Council Resolution 242 (1967).
Security Council Resolution 242 (1967) said:
1. Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
2. Affirms further the necessity
(a) For guaranteeing freedom of navigation through international waterways in the area;
(b) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
SOURCE: S/RES/242 (1967) 22 November 1967
The "right of return" has within it, an undefined variable. Not all UNRWA Refugees actually fall under General Assembly Resolutions 194 (III) and 302 (IV).
What do you mean by that ? Are you talking about different refugees from different periods of times? Or offspring of refugees ?
(REFERENCES)
General Assembly resolution 194 (III). Palestine -- Progress Report of the United Nations Mediator said:
11. 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, 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;
Instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation, and to maintain close relations with the Director of the United Nations Relief for Palestine Refugees and, through him, with the appropriate organs and agencies of the United Nations;
General Assembly resolution 302 (IV). Assistance to Palestine Refugees said:
20. Directs the United Nations Relief and Works Agency for Palestine Refugees in the Near East to consult with the United Nations Conciliation Commission for Palestine in the best interests of their respective tasks, with particular reference to paragraph 11 of General Assembly resolution 194 (III) of 11 December 1948;
SOURCE: A/RES/302 (IV) 8 December 1949
SOURCE: A/RES/194 (III) 11 December 1948
(COMMENT)
The term "refugee" is, in itself, is an imprecise term. The phase in Paragraph 11, specifically states: "refugees wishing to return to their homes
and live at peace" is the first restrictive clause. That clause, in itself, eliminates any Arab-Palestinian that supports either the
HAMAS Covenant or the
Palestine National Charter of 1968; as well as any Arab Palestinian that is obligated under the Arab Higher Committee
"solemn declaration before the United Nations, before God and history of February 1948."
The phrase of consideration is "at the earliest practicable date." If the Israelis had implemented
(not making a judgement here) Resolution 194 back in late 1948 or 1949; would it made a difference today? That question depends explicitly on the number of refugees that would have renounced original Arab Higher Committee "solemn oath" of the Arab Palestinian. And if so, what would that number have been?
The third phase of interest is relating to reparation, restitution, reconciliation, and civil claims: 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. The questions here are:
- If the Arab-Palestinian did not renounce the Arab Higher Committee "solemn oath," are the entitled to compensation?
- If the Arab-Palestinian is compensated, are they entitled to return?
The term "refugee" has a few fine points under the
Consolidated Eligibility and Registration Instructions (CERI) of the UN Relief and Work Agency for Palestinian Refugees in the Near East (
UNRWA).
A. Persons eligible to be registered in UNRWA’s Registration System and to receive UNRWA services:
- 1. Persons who meet UNRWA’s Palestine Refugee criteria
These are persons whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948, and who lost both home and means of livelihood as a result of the 1948 conflict. Palestine Refugees, and descendants of Palestine refugee males, including legally adopted children, are eligible to register for UNRWA services.
- 2. Persons who do not meet UNRWA’s Palestine Refugee criteria. These persons are grouped in the categories listed below.
While registered for the purposes of receiving UNRWA services,
these persons are not counted as part of the official Registered Refugee population of the Agency. They consist of persons who at the time of original registration did not satisfy all of UNRWA’s Palestine Refugee criteria, but who were determined to have suffered significant loss and/or hardship for reasons related to the 1948 conflict in Palestine; they also include persons who belong to the families of Registered Persons. These categories are:
- 2.1 Jerusalem Poor and Gaza Poor
- 2.2 Frontier Villagers
- 2.3 Compromise Cases
- 2.4 MNR Family Members
- 2.5 Non-Refugee Wives
- 2.6 Kafalah Children
B. Persons eligible to receive UNRWA services without being registered in UNRWA’s Registration System
These persons do not meet, or are unable to prove that they meet UNRWA’s Palestine Refugee criteria and they do not fall within any of the categories listed in section III. A. 2 above. While UNRWA’s programmes keep due records of these persons, they are referred to as non-registered persons because they are not registered in the Agency’s Registration System.
So there is a zillion little questions as to who fits what category; when you say refugee. I spoke to many Palestinian Refugee that do not meet the criteria of the "right of return."
Most Respectfully,
R
BTW: This is often a very touchy subject when it comes to Arab-Palestinians, especially Hostile Arab-Palestinians (particularly those Jihadist and Fedayeen). Many, of the however many millions, that claim liberations rights are not actually covered under the agreement.
