Definition: Right of Return
2/9/16
C L 323
“Right of Return”
For those familiar with the ongoing Israel-Palestine conflict, sometimes called the Arab-Israeli conflict, the concept of “Right of Return” is significantly important to grasp in order to fully understand the underlying issues of the conflict. One obstacle to understanding the concept is unique to the Israel-Palestine conflict; media coverage of the conflict in the West is almost universally inclined to sympathize with the interests of the American and Israeli governments rather than people who have suffered injustices. It is possible, however, for one to find accurate information from proper sources if one is careful. In doing so, then, one can arrive at a much more educated level on the conflict than most Americans. According to the most accurate information available, “Right of Return” is a legal concept, enshrined in International Law, that essentially means that Palestinian refugees who were forced to leave their homes during (and after) the 1948 Arab-Israeli War have a right to return to their properties, and if they cannot do so then they are entitled to compensation. The origin of this concept comes from United Nations Security Council Resolution 194, which states that “the refugees wishing to return to their homes and live at peace with their neighbors should be able to do so at the earliest practicable date, and that compensation should be paid for . . . those choosing not to return[.]” (United Nations) The right under International Law for a refugee or migrant to return to one’s land of origin is encapsulated in a United Nations declaration on Voluntary Repatriation, which states that “[t]he basic rights of persons to return voluntarily to the country of origin is reaffirmed and it is urged that international co-operation be aimed at achieving this solution[.]” (UN High Commissioner)
When one fully understands the centrality of the Right of Return to the conflict, it becomes difficult for one to handle the issue lightly. The Right of Return means nothing less than the fact that people as human beings are entitled to their own lives and properties, and it is not up to others to decide how people should use them, certainly not to decide that, if a person is separated from his or her property, that they can never be allowed it back. This was precisely the situation, however, for the over 750,000 Palestinian refugees of the 1948 Arab-Israeli War, who after the war were forced to live in makeshift camps in the surrounding Arab states. According to critics, the Arab states bear the majority of responsibility for the refugees, however this criticism neglects the fact that Israel has never allowed any of the refugees to return to their own properties, and in the meantime the refugee population has expanded to nearly 5 million. (“Palestine Refugees”) It is well known in the human rights community that the Palestinians, ultimately, do not want to assimilate into their respective host countries, and would much rather return to their Palestinian homeland. That they cannot do this, however, is the result of the Israeli government’s policy on the refugees since 1948: No return and no compensation. The refugees, then, continue to live in poor camps in the Arab states surrounding Israel, awaiting the day that they would be allowed to take back what is rightfully theirs.
It is also important to clarify, however, that Right of Return is not unique to Palestinians and is a universal concept enshrined in the International Law. This means, then, that any person anywhere that leaves their home or their home country, regardless of where they are from or where they went, have the right to go back. This right has been clarified and repeated several times in several United Nations resolutions on the conflict, such as Security Council resolutions 242 and 338.
Right of Return is so important, in fact, to the conflict that among Palestinian and Arab representatives it is almost universally considered impossible to surrender. Since 1948, the Palestinians and their representatives have steadfastly held to their rights and defended the unfettered Right of Return. Similarly, Arab and Muslim governments, NGOs, scholars, political groups, etc. have all almost universally defended the Right of Return as a basic human right for all people. In 2000, a joint conference of Jordanian and Palestinian public figures defended “the inalienable national [right] of the Palestinian people . . . to return to their homes in Palestine.” (“Jordanian, Palestinian Figures”) Similarly, the government of Iran, although a predominantly Shia nation, has been especially vocal in recent years about protecting the rights of the Palestinians, their Ambassador to the United Nations in 2011 “[stressing] the Palestinians’ right to return to their homeland.” (“Iran Highlights”)
Works Cited
"Iran Highlights Palestinians' Right Of Return." Iranian Labor News Agency [Tehran] 26
Oct. 2011: n. pag. World News Connection. Web. 9 Feb. 2016.
<http://wnc.eastview.com/wnc/article?id=33894644>.
"Jordanian, Palestinian Figures Reject Abandoning Right of Return." Al-Dustur [Amman]
19 July 2000: n. pag. Rpt. in Al-Dustur. N.p.: n.p., n.d. World News Connection.
Web. 9 Feb. 2016. < http://wnc.eastview.com/wnc/article?id=36854773 >.
"Palestine Refugees" UNRWA.org. United Nations Relief and Works Agency, n.d. Web.
10 Feb. 2016. <http://www.unrwa.org/palestine-refugees>.
UN High Commissioner for Refugees (UNHCR), Voluntary Repatriation, 18 October
1985, No. 40 (XXXVI) - 1985, available at:
http://www.refworld.org/docid/3ae68c9518.html [accessed 10 February 2016]
United Nations General Assembly (UNGA), N/A. Un.org., n.d. Web. 9 Feb. 2016.
<http://www.un.org/documents/ga/res/3/ares3.htm>.