http://www.angelfire.com/ia/palestinefoever/returnrefugees.doc
The Right of Return For All Palestinian Refugees
The Islamic Association for Palestine: www.iap.org,
Monday, December 20, 1999
The Islamic Association For Palestine (IAP) once again stresses that there
can be no lasting peace in the Middle East without a satisfactory
settlement of the refugees' problem. Presently, there are over three and a
half million Palestinian refugees dispersed around the world, particularly
in neighboring states such as Jordan, Lebanon and Syria.
On December 11, 1948 the United Nations adopted UN Resolution 194 dealing
with the right of return or compensation for Palestinian refugees. The
resolution states:
"The General Assembly,
Having considered further the situation in Palestine.
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 the loss or damage to property which,
under principles f international law or in equity, should be made good by
the Governments and authorities responsible.."
The resolution was adopted by 35 votes in favor, 15 against and 8
abstentions. All the EU countries member of the UN in 1948 voted in favor.
This resolution is significant for two reasons. First of all, it affirms
the Palestinians' right of return or compensation. Furthermore, its
implementation was accepted by Israel as a condition for membership into
the United Nations in UN Resolution 273. Given the fact that Israel has
not honored its commitments and has not allowed Palestinian refugees to
return to their homes, we ask the question "On what legal basis does
Israel have to be a member of the United Nations in the first place?" To
throw further light on the current situation, in the December 1999 issue
of the "Palestine Times", Dr. Daud Abdullah, Senior Researcher for the
Palestinian Return Center in London wrote an open letter to the UN General
Secretary where he wrote:
"The failure of more than 600 Security Council and General Assembly
resolutions (now compiled into four volumes by the Institute of Palestine
Studies) to secure their inalienable rights has left the vast majority of
Palestinians embittered and disillusioned."
Dr. Abdullah further writes:
"Israel's continued violation of international law is not just a
manifestation of its militaristic ambitions. It is also the reflection of
an outdated doctrine that seeks to accrue to itself privilege, favor and
exclusivity..That the UN should, wittingly or unwittingly, allow the abuse
of its good offices to undermine international law, prolong human
suffering and threaten world peace is totally inexcusable."
Article 1 of the United Nations Charter states that the purpose of the UN
is:
"To maintain international peace and security, and to that end: to take
effective collective measures for the prevention and removal of threats to
the peace, and for the suppression of acts of aggression or other breaches
of the peace, and to bring about by peaceful means, and in conformity with
the principles of justice and international law, adjustment or settlement
of international disputes or situations which might lead to a breach of
the peace."
In our opinion, until the Palestinian Refugee problem can be fully
resolved these words are empty rhetoric.
For the record, we re-produce UN Resolution 273 below:
UN GENERAL ASSEMBLY RESOLUTION 273
(admission of Israel to the United Nations)
This resolution voted on 11 May 1949 allows Israel's membership to the UN.
"Having received the report of the Security Council on the application of
Israel for membership in the United Nations,
Noting that, in the judgment of the Security Council Israel is a
peace-loving State and is able and willing to carry out the obligations
contained in the Charter,
Noting that the Security Council has recommended to the general Assembly
that it admit Israel to membership in the United Nations,
Noting furthermore the declaration by the State of Israel that it
"unreservedly accepts the obligations of the United Nations Charter and
undertakes to honour them from the day when it becomes a member of the
United Nations,"
Recalling its resolutions of 29 November 1947 (1) and 11 December 1948 (2)
and taking note of the declarations and explanations made by the
representative of the Government of Israel before the Ad Hoc Political
Committee in respect of the implementation of the said resolutions,
The General Assembly,
Acting in discharge of its functions under Article 4 of the Charter and
rule 125 of its rules of procedure,
- Decides that Israel is a peace loving State which accepts the
obligations contained in the Charter and is able and willing to carry out
those obligations;
- Decides to admit Israel to membership in the United Nations."
