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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,

  1. 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;
  2. Decides to admit Israel to membership in the United Nations."


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