Oslo and the Refugees

The Oslo Accords and the formation of the Palestinian Authority have created widespread confusion, both locally among Palestinians and internationally, about the meaning of the right to return in this new context. It therefore is important to clarify that:

(1) Political negotiations and agreements between Israel and the PLO, do not invalidate international law and UN resolutions. The Oslo negotiations represent an effort to obtain a de facto solution of the refugee question outside the framework of international law and UN resolutions. An explicit renunciation of the right of return by the PLO in a future political agreement with Israel cannot delegitimise the refugee claim, because - according to standards of international law- existing international law and UN resolutions can be replaced only by a political agreement whose provisions grant rights equal to or beyond those defined by international law. Furthermore, given the strong Palestinian public demand of the right of return, its explicit renouncement by the PLO would delegitimise the Palestinian leadership;

(2) UN resolution 194 is not invalidated by a PA declaration of a Palestinian state on whatever territory. UN resolution 194 provides for the refugees' right to return to their homes. These homes are located in the territory of the state of Israel.

(3) Although UN resolution 194 can be technically abolished by its repeal by the UN General Assembly, the right of return, solidly anchored in a wide range of international law, will remain a right and legitimate claim, until surrendered by Palestinian refugees themselves.