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 percent of
the village sites are still vacant, 7 percent
are partially built-over, and only 3 percent
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
percent of their original homeland. Jews from
anywhere in the world, on the other hand, would be free to "return"
to more than 78 percent 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.