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Saturday, October 21, 2000

Focus on Palestine: Understanding the Right of Return

Islam Online, Washington D.C.

September 16, 2000 was a memorable date for many Palestinians. Hundreds of Palestinians and their sympathizers gathered for a “Right of Return”  rally in Washington DC. But why September 16th? Because, maybe, a Saturday ensures greater turnout for a rally? Not at all. That date, September 16th, spells massacre for most Palestinians. On September 16, 1982, more than 2,000 Palestinians were massacred in the Sabra and Shatila refugee camps. The horrific event momentarily shocked the world; however, within days, the Palestinian refugees returned not to their homeland, but to being marginalized in international affairs.

Many speak of the right of return, but few of us understand what that is. The phrase is used to refer to a right much stronger than a sentiment that stirs Palestinian refugees to long to return. On the contrary, the right of return is guaranteed by the Universal Declaration of Human Rights (Declaration). Guaranteed, at least, in principle.

Adopted in 1948, the Declaration begins with the "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is [sic] the foundation of freedom, justice and peace in the world." Article 13 of the Declaration explicitly addresses the freedom to move about within one's country as well as to move in and out of one's country.

  1. Everyone has the right to freedom of movement and residence within the borders of each state.
  2. Everyone has the right to leave any country, including his own, and to return to his country.

It is a known fact that Israel has denied the freedom of Palestinians to move about in the Occupied territory. Both Palestinians and Israeli Arabs (those who were naturalized as Israeli citizens) are routinely stopped for random checks, questioned, and humiliated by Israeli soldiers and check-point guards. In addition, Israel has been adamant about allowing the implementation of Article 13-2. Since it unilaterally announced statehood in 1948, Israel has refused the right of Palestinians to return to their homeland. On the other hand, Jews of Ethiopian, Russian, and Polish descent, among others, who have no right nor have ever visited the Occupied territory, have been warmly received by Israel. The hypocritical element in the implementation of the right of return is too obvious.

An additional dimension to be noted is the defiant attitude that Israel takes towards implementation of United Nations General Assembly Resolution 194. This Resolution unequivocally grants that "refugees wishing to return to their homes and live at peace with their neighbors 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 loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible." Not for one year, or two years, but for five decades, every member country of the U.N. General Assembly has reaffirmed the legitimacy of Resolution 194.

Members of the Right to Return Coalition, who organized the September 16, 2000 rally, summed up their efforts as follows: 1) to lobby the international community to fulfill its legal and moral obligations towards the Palestinian refugees based on the Declaration; and, 2) to hold Israel accountable for the implementation of United Nations Resolutions which uphold the inalienable right of Palestinians to return to their homeland and to restitution of all their confiscated and destroyed property.

As any Palestinian will remind you, the right of return is undeniably linked to peace. Simply put, no return equals no peace.

Editor's Note:
To view the full declaration on human rights, visit,
http://www.un.org/Overview/rights.html


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