May 25, 2018
JUST REPARATIONS:
Compromise is possible on Palestinian right of return (Akiva Eldar, May 24, 2018, Al Monitor)
Shubair recounts how she set out with her family on March 30, the date Palestinians call Land Day to commemorate Israel's 1976 confiscation of Arab lands in the Galilee, for the border with "occupied Palestine." She vowed, "Each day until May 15, the anniversary of the Nakba ["catastrophe" when more than 750,000 Palestinians were forced from their homeland to create Israel] we will camp by the border to remind the world that we have a right to return home ... Everyone there was united under one flag and one motto: We have a right to return to Palestinians' historic homeland. This overwhelming feeling of unity long has been missing, especially in Gaza ... None of us had anything more valuable to lose than what we already had: our home."Shubair laments the home that was lost and insistence on her right to "return home." She is not asking to go back to the once predominantly Arab towns of Ashkelon or Jaffa, a demand that a priori nullifies the two-state solution to the conflict. Jews, on the other hand, are of course entitled to long to go back to their ancestors' homes in the West Bank's Hebron and to receive compensation for these homes. But these rights do not justify the expulsion of Palestinians from the buildings where they have lived for several decades. Palestinian President Mahmoud Abbas also said in a 2012 interview on Israel's Channel 2 that despite being a refugee from the Galilee town of Safed, he does not expect to return there. "Palestine now for me is the '67 borders -- alongside the state of Israel," he said.Three comprehensive polls conducted in the first half of 2003 among 4,500 families living in refugee camps in Lebanon, Jordan and the Israeli-occupied West Bank and Gaza indicate that most refugees favor Abbas' position. Only 10% want to return to Israel, compared with 72% who would rather live in a Palestinian state or receive monetary compensation. The results were met with harsh criticism by radical Palestinian factions opposed to any compromise on the right of return. They even threatened the head of the Palestinian Center for Policy and Survey Research, Khalil Shikaki, with violence.After deliberating on a petition by Greek Cypriot refugees, the European Court of Human Rights ruled in March 2010 that claiming a certain land or property as "home" is insufficient to establish a right. An overwhelming majority of the 17 judges agreed that given that 35 years had passed since the petitioners lost their property when Turkey invaded northern Cyprus in 1974, and the local population had changed, the claimants were entitled to compensation in cash, but not necessarily in land. The judges warned that rectifying an old injustice could result in a new injustice. One can infer that UN Resolution 194 of 1948, stipulating that a refugee can choose between a return to Israel and compensation, does not grant every refugee a personal right to return. The 2002 Arab Peace Initiative referred to this resolution as the basis for a just and agreed-upon solution to the refugee problem.
Posted by Orrin Judd at May 25, 2018 6:59 AM
