Palestinian National Authority Official Website 
Peace Process 

Historical Justice and Compensation
for Palestinian Refugees

Dr. Manuel Hassassian (Bethlehem University)

Introduction

The 1948 and 1967 wars culminated in scattering half of the Palestinian people throughout the Middle East and beyond as refugees, while the other half have remained under Israeli occupation. The events of 1948 in Palestine led to mass exodus of Palestinian estimated by the United Nations around the 100,000 (1). The 1967 June War, known as the Six-Day war resulted in the fleeing of 150,000 registered refugees from the West Bank to Jordan, together with about 40,000 from Gaza (2). The Palestinian refugees have settled in countries neighboring Palestine, like Jordan, Syria, Lebanon and Egypt.

This paper will dwell on the historical justice of the Palestinian refugees and their right of return, with some optional suggestions for compensations. Of course, emphasis will be put on United Nations' documents relevant to the refugee problem, along with secondary bibliographic sources that shed light on the question of compensation.

1. The Historic Evaluation of the Palestinian Refugee Problem

A. The Principle of Right to Return

The right of an individual to return to his home in his native country is an integral part of an individual's fundamental rights. In cases where people had been forced to leave their country because of war and hostilities, the right of return is unquestionable. A notable case for a collective dimension is that of the Palestinian people, who were expelled from their country to seek refuge in adjacent Arab lands and were denied the right of return on political and legal grounds. It is important to note, that the right of return for Palestinians is organically tied to the national right of self-determination, a principle that is guaranteed by a variety of international instruments. While Israel contrived to declare its independence, on May 14, 1948 based on U.N. partition resolution, war and politics prevented the Palestinians from forming their independence state as also envisaged in the partition plan. Instead, a wave of mass exodus of Palestinians took place in 1948, followed by another in 1967. Consequently, the majority group of the Palestinian people have been in exile, unable to exercise their right of return despite its endorsement by the U.N. General Assembly since 1948.

For almost two decades from 1953-1973, the Palestinian question was essentially treated as a "refugee problem." However, in 1974, the U.N. General Assembly unequivocally acknowledged the Palestinians' right to self-determination in compliance with the U.N. Charter, and reaffirmed their inalienable right of return. This basic problem, the Middle East problem, without a fair and equitable solution to the refugee problem, the Middle East will suffer long and from political instability.

B. The Universal Declaration of Human Rights:

The context of the right of return in explitly spelled out in article 13 of the Universal Declaration of Human Rights which reads:

Everyone has a right to freedom of movement and residence within the borders of each state.

Everyone has the right to leave any country, including his own and to return to his country.

All human beings are born free and equal in dignity and rights (3).

It is evident from the above that the Palestinian people and refugees are not entertaining these rights, which gives the refugee issue a universal and humanitarian dimension. It is worth mentioning that the Palestinian refugee problem is one of the old unsettled problems in contemporary history.

The Human Commission on Human Rights:

The right of return to one's own country has been reiterated in the draft principles by the Economic and Social Council in 1973. In addition, the Council mandated the Commission on Human Rights to perpetuate its retention on its agenda the historic imperative element of human rights.

However, the draft principles read as follows:

a) "Everyone is entitled, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, marriage or other status, to return to his country."

b) "No one shall be arbitrarily deprived of the right to enter his own country."

c) "No one shall be denied the right to return to his own country on the ground that he has no passport or other travel document (4).

It is clear that juridical opinions assert that the inherent right of return is an acknowledged

norm of International law, recognized by the civilized nationstates.

D. The Partition Resolution and Subsequent U.N. Resolutions

The Partition Resolution, Resolutionl8l(ll) of 29 November 1947, which called for the establishment of a Jewish and an Arab state in Palestine, did not refer to any right of return.

However, the right of return had been endorsed and ratified by the U.N. General Assembly in 1948, which reads as follows:

"The right of the Arab refugees to return to their homes in Jewish controlled territory at earliest possible date should be affirmed by the U.N., and their repatriation, resettlement and economic and social rehabilitation, and payment of adequate compensation for property of those choosing not to return, should be supervised and assisted by the U.N. Conciliation Commission". (5).

In fact, the U.N. established the right of return of Palestinians in Resolution 194(111) based on a draft resolution presented by Great Britain to the General Assembly on 11 December, 1948 [Resolution 194 (Ill)], which categorically in paragraph eleven declared:

"...that the 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').(6)

Further, this resolution established the Conciliation Commission for Palestine, instructing it "to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation.(7)." The element of compensation is at the heart core of the right of return, which was interpreted in the provision or paragraph 11 of resolution 194 (Ill), by the Conciliation Commission for Palestine (8). This Resolution which was drafted five decades ago, had been reiterated by the General Assembly in every session since then, with a "note of deep regret that repatriation or compensation of the refugees as provided for in paragraph 11 of General Assembly Resolution 194 (111) has not been effected (9).

Following the 1967 war, several UN resolutions called for the return of the Palestinian refugees. Israel was required to undertake obligations to cooperate in the return of the second wave of Palestinian refugees to their homes (10).

One June 14 1967, resolution 237 was endorsed by the General Assembly which declared:

"...that essential and inalienable human rights should be respected even during the vicissitudes of war ... "

"...Calls upon the government of Israel to facilitate the return of those in habitants who have fled the areas since the outbreak of hostilities ...(11).

However, Resolution 242 of 11 November 1967 called "for achieving a just settlement of the refugee problem (12)." So far, the UN has not been successful in securing Israel's acknowledgement of the right of return for the Palestinians. The Assembly explicitly called upon Israel to "take effective and immediate steps for the return without delay of those inhabitants who had fled the areas since the outbreak of hostilities"(13).

In 1970, the Assembly recognized: "...that respect for the rights of the Palestinians is an indispensable element in the establishment of a just and lasting peace in the Middle East... ") (14).

In 1973, the Assembly endorsed the right of return of the Palestinian people, tracing it directly to Resolution 194 (Ill)(15).

E. The Committee on Palestinian Rights

In 1975, the General Assembly established the committee on the exercise of the Inalienable Rights of the Palestinian people (16). The Committee submitted its report in May 1976, which stated the following:

".. -to implant the right of return, a two-phase programme was proposed. In the first phase, the Palestinians displaced in 1967 should be allowed to return to the territories which have been under Israeli military occupation since 1967. (17).

These preparations involved the following elements:

(a) "Designation or creation of a competent agency to be entrusted with the organizational

and logistical aspects of the mass return of displaced Palestinians.

(b) Creation and financing of a fund for that purpose.

Registration of displaced Palestinians other than those already registered with UNRWA..(18).

The Committee's report was endorsed by the General Assembly in November 1976, and in December 1977. The Assembly, on both occasions re-endorsed the right of return of the Palestinian people.

2. Compensation and Plausible Solution to the Palestinian Refugees

Despite the non-acknowledgement of resolution 194(111) by Israel, the International bodies did not spare any time in seeking plausible solutions to the Palestinian refugees. Many studies were conducted along with several plans initiated by Governments like the U.S. to find formulae for compensations, repatriation, resettlement and integration in host countries of the Palestinian refugees.

The Palestinian refugees' problem in the fifties until the mid sixties was raised in the U.N. in New York and in meetings between dignitaries and officials from the Arab League, Europe and America. It is noteworthy to mention that President Eisenhower was the only American president who considered the returning of the Palestinian refugees to their areas from which they were evacuated en masse in 1948, as the just solution for their problem and the establishment of peace in the region.

President Eisenhauer adopted the study by Richard Craft and Jack Heimer about the Near East Region. The plan that was put forth to resolve the Palestinian refugees' problem was as follows: (1) Refugees total more than half a million and constitute 150 thousand families living in camps and dispersed in Jordan, Lebanon, Syria and Gaza. (2) The return of 100 thousand refugees in the first stage 1956-1957 and 100 thousand in the second stage 1959-1960. (3) Estate owners not wishing to return should receive compensation for the value of their property. (4) Settling 160 thousand refugees in Syria and 125 thousand refugees in Jordan. (5) A fund should be established and supervised by the U.N. to settle the non-returning refugees in settlements. A house with a plot of land for agriculture should be allotted to every family.

President Eisenhaur pressured Israel and requested from the government of Moshe Sharett to accept the project. In return for allowing 70-100 thousand refugees and paying compensations for property owners, Israel put a condition that neighbouring Arab countries sign a peace treaty with Israel. The Arab League demanded the return of all refugees according to Resolution 194. However, the second clause of the resolution was added to the peaceful settlement plan which would be implemented under the auspices of the American leadership. (19).

A. Resolutions issued by the U.N. about the Palestinian Refugees of 1948

As a result of the 1948 war, Israel seized Palestinian properties which included vast areas of agricultural lands, several villages, Arab neighborhoods in the cities, thousands of houses, stores and shops, tens of factories, commercial and trading institutions, etc. Consequently numerous resolutions issued by the U.N. requiring the return of the dispersed Palestinians to their homeland and compensating those who do not wish to return. Israel has an adamantly refused to carry out or implement these resolutions.(20).

These resolutions were never implemented to put an end to the tragedy of the Palestinian people, 70% of whom were evacuated (3 million and a quarter million, more than 2 million of whom live in camps scattered in Jordan, Syria, Lebanon and in the Gaza strip).

Forty-six years have elapsed since the evacuation of two-thirds of the Palestinian people, who have historical political, social and human rights that should be addressed and acknowledged, however to no avail.

B. Defining Arab Property in the Cities and The Countryside

The area of Palestine in 26400 square Kilometers. Palestine has a map put by the British Mandate Government in 1921. It was submitted by this government to the league of nations headquarters in Geneva- Switzerland. The number of Palestine's inhabitants as documented in the British official Public Register, the ownership of land, its owners and numbers in 1921, were as follows (21) :

It is important to note that agriculture was the chief sector upon which the people of the country depended for their livelihood. In fact, 64% of the inhabitants were employed in agriculture, the chief source, however, 16% of city dwellers depended on industry for their income, and 20% depended on commerce.

The most important Arab factories were:

a) Olive oil presses: 214 presses

b) Soap factories: 46

c) Pumping machines factories in Jaffa and Haifa: 4

d) Carpet factories in Nablus, Haifa and Jaffa: 6

e) Weaving factories in Nablus, Haifa and Jaffa: 5

f) Hundreds of hand-operated factories in the cities for making different tools.

C. The Palestinian Refugees' Problem

The Palestinian Refugees' problem has always been an integral component of any framework for Peaceful settlement in the Middle East. The number of refugees since 1948, has been estimated recently at 2,250,000 refugees living in the camps scattered in Jordan, Syria, Lebanon, Gaza and the West Bank. Compensations include owners of agricultural lands, lands for construction, houses, stores, individuals and families who don't own real estates as espoused in UN Resolution 194(111).

The U.S., the big industrial countries and Arab oil Countries contribute to the international fund for compensations. Payments for eligible refugees will be monitored by an international committee appointed by the U.N. Modem settlements will be established for the Palestinian refugees in areas specified by the special international Committee for their settlement. At least this plan is supported by the United States and in coordination with the Western European countries.

D. Lands Obtained by the Jews 1922-1939: Registers of the British Mandate and the Jewish Agency.

The lands given by the British Mandate authorities to the Jewish Agency were as follows (22) :

These lands were extracted from state lands by the British Mandate authorities and given to the Jewish Agency to settle Jewish immigrants from Russia and Eastern Europe. The lands bought by the Jewish Agency from Arab land owners during 1923-1933, include 262,000 dunams of agricultural lands, 55,000 dunams of non-agricultural lands, and 60,000 dunams of lands for construction. All lands purchased by the Jewish Agency were registered under the Jewish National Fund.

E. Expelled Palestinian Refugees in 1948: Areas Seized by Israel

The following table portrays explicitly the areas from which Palestinians were expelled and occupied by Israel. (23).

F. Count Bernadotte's Report and his Proposal for Solving the Conflict

The International Security Council dispatched Count Bernadotte to the Middle East region to study the critical situation and whatever measures could be taken to put an end to the bloody conflict between the Arabs and the Jews and the return of the Palestinian evacuees to their homeland. The report was submitted to the Council on July 12, 1948, by the international mediator, indicated that the areas given to the Jews according to the Partition Resolution have a predominant Arab population. Thus the Partition Resolution, rejected by the Arabs in general and the Palestinians in particular who comprised at the time 67% of population, should be reconsidered. It also indicated that the Israeli forces seized Arab areas and lands not stipulated in the Partition Resolution.

In fact, the third report by Count Bernadotte dated 16 September 1948, comprised solutions to the conflict, the major points were the following:

1. Returning the Palestinian Refugees to their areas.

2. Jaffa is for the Arabs, the Israelis should withdraw from it.

3. Haifa is for the Jews. Haifa port should be free Port.

4. The city of Jerusalem should be international under the supervision of the United Nations.

5. The Negev areas including the Bir Sheva District is for the Arabs.

6. Western Galilee should be given to the Jews.

7. Lod and Ramla are for the Arabs. Israeli forces should be withdrawn from them.

8. In the part allotted for the Jews, a Jewish state should be created, provided that it should not expand etc. . It was decided that the Bernadotte project be discussed in the General Assembly of the United Nations on 21 September 1948, and obtain 2/3 of the vote as was expected in order to be ratified. However, before it was put for discussion, Count Bernadotte was assassinated on 12 December 1948 in Jerusalem. The assassins were from the Stern Gang. This was mentioned in the Inquiry file conducted by the UN. (24).

 

G.Value of Property Included by the Compensation Decision (25)

The following tables describe precisely the compensation procedures to be adopted as were documented in the files of the UN.

The value of property in 1950 increased three-folds in the seventies and some property

increase four times in the eighties.

Total Value of Property, Plundered Goods, and Livestock:

270 large and small villages 1884 million dollars

Agricultural lands 5,491,000 dunams including citrus

groves and olive orchards 3925 million dollars

Dwelling houses in the cities: 4 types (59,000 houses) 1204 million dollars

Lands for building in 14 cities: 33,200 dunams 207 million dollars

Stores and shops in cities and villages 69 million dollars

Factories and various workshops 13 million dollars

House furniture plundered in the cities and the villages 294 million dollars

Livestock, horses, and mules 42 million dollars

7638 million dollars

Note : For Clarification

There are agricultural lands in the areas of Bir Sheva, Galilee, Lod, and Ramla included in the Compensation Resolution for their Arab Owners. These are added to the table of the land put by a committee in the Arab Leage in 1950, which specified the area of the lands in these regions as being 1,500,000 dunams most of which are agricultural lands, the total value of which at that tine was 465 million dollars. Their prices have multiplied three times. Thus their total value now is 1200 million dollars.

H. The International Fund For Compensation Property, Families and Individuals

For classification and definition we relied on the American and European documents.

There is an international agreement: American-European concerning the Palestinian refugees who were evacuated in 1948-1949 and live in the camps scattered in Jordan, Lebanon, and Syria. The undeclared agreement can be summed up as follows:" Keeping the refugees in the areas they are residing in for a long period during which they receive food and medical aid from the International Agency (UNRWA), then settling them in these Arab areas with the agreement of the Arab governments."

In 1969, the American Committee headed by Cyrus Vance put forth a proposal for the settlement of the refugees whose number at that time was 687,000 in Jordan, 236,000 in Lebanon, and 144,000 in Syria, and 280,000 in Gaza. The proposal stipulates the establishment of an international fund (3 million dollars ) to settle 700,000 in Jordan, 500,000 in Syria and evacuating Lebanon from the Palestinian refugees. Also payments will be made to property owners according to tables prepared by the Estimates Committee in 1950. The United States, Western European Countries, and Israel share in paying the funds.

Modifications were introduced on the proposal in 1970, according to a French suggestion that demanded the return of 35% of the property owners to their areas in Palestine. Israel refused to return a category of property owners and insisted on settling all the refugees in the Arab countries in which they reside. In 1973, Henry Kissinger introduced modifications on the refugees settlement project whereby two thirds settle in Jordan and one third in Syria, and compensations would be paid to property owners whose property was seized by Israel. The Arab League refused this project and demanded the return of all refugees to their homeland.

In 1987, the Reagan administration put forth a proposal to solve the refugees' problem within the framework of the peaceful solution of the Arab-Israeli conflict. The proposal stipulates the establishment of an international fund to settle the Palestinian refugees in Jordan and Syria under the supervision of a committee appointed by the United Nations. Compensations would be paid to property owners, the value of which would be decided by an international committee of experts. Palestinians included in the Compensation Resolution Number 19.

Property Owners in the Cities and Villages and the Refugees who do not own property.

There is the Resister of the United Nations Documents 1949-1954.

The Register of the International Committees Documents 1948-1955

The Register of the Arab League Documents 1948-1957.

From these registers and their documents, we take the tables of the number of the Palestinian refugees who were evacuated from their cities and villages 1948-1949 and who are included in Resolution number 194, issued by the United Nations on 11 December 1948 stipulating the return of the refugees to their homeland and paying compensations for those not wishing to return.

In the General Register Number l/f - 1948-1949: The number of refugees is 556,150 families, consisting of five categories:

A. 27,000 families, each family consisting of 6 persons, the total is 162,000 persons.

B. 25,000 families, each family consisting of 5 persons, the total is 125000 persons.

C. 22,000 families, each family consisting of 4 persons, the total is 88,000 persons.

D. 40,000 families, each family consisting of 3 persons, the total is 120,000 persons.

E. 44,000 families, each family consisting of less than 3 persons, the total is 56,000 persons.

In the total number of the refugees:

 

A. Property owners who own agricultural lands and real estates: 37,000 families, the number of the persons is 142,000 persons.

B. Families owning houses in which they live: 76,000 families, the number is 28,000 persons.

C. Families that do not possess real estates: 45,000 families, the number is 150,000 persons. During the long period of 46 years lived by the refugees in the camps, their number increased four times as written down in the official records of UNRWA and the International Red Cross reports.

The number of the refugees included in the compensation Resolution is 21/4 million people forming 475,000 families.(26).

1. The Texts of International Law: Returning the Refugees and Compensations

The Palestinian refugees have the legal right to return to their homeland from which they were expelled and evacuated in 1948. The international law in its texts and rulings stipulates putting an end to the tragedy of the dispersed evacuees who spent 46 years outside their country occupied by Israel.

The resolution issued by the International Security Council Number 194 on 1 1 December 1948, stipulates the return of the refugees to their homeland and the compensation of those who do not wish to return.

This legal decision must be carried out to put an end to the tragedy of the victims of the bargaining among the super powers in the United Nations, when the proposal of the partition of Palestine was ratified and imposed by these countries to establish the Hebrew Jewish state.

There are areas not included in the Partition Plan which were seized by Israel in 1948-1949. The area of the regions is 22% of the total area of Palestine. The number of the refugees in 1948 was 556,000. In 1993 it became 21/4 million. The vast majority of the refugees want to return to their homeland. The return is mentioned in the texts of decision no. 194 and the resolutions issued by the United Nations in the fifties and the beginning of the sixties.

The second clause of Resolution No. 194 stipulates the payment of compensations to property owners, those who do not own property and those who do not own real estates. The figures of compensation were the tables that include property, individuals, and families.

The Prescribed Plan for the Peaceful settlement in the Region.

The Refugees' Problem and the Compensations included in the International Plan.

For clarification, in the Resolution No. 194 issued by the United Nations in 1948 stipulating the return of the refugees to their homeland and the payment of compensations in lieu of property for those not wishing to return, the first clause of the Resolution (The Return) is no longer found in the old and the new American project. The second clause of the Resolution includes Compensation for property.

The question of the Palestinian refugees is part and parcel of the framework of the peaceful settlement which the American administration is in support of the plan.

The second part of the plan includes the settlement of the refugees in Arab areas and the payment of compensations for property and also for individuals and families not owing real estates, taking into account that the number of the old Palestinian refugees 1948-1949 has increased four times and the number is now 21/4 million people forming 475.000 families.

The prescribed American plan which is scheduled to be carried out within the framework of the peaceful settlement and ending the Arab-Israeli conflict, includes the settlements of the refugees and the compensations, it is summarized as follows:

A. Establishing an international fund (6 billion dollars) of which America and the big industrial countries pay 2 billion dollars, and the Arab oil countries (Saudi Arabia, and the Gulf Countries) pay 4 billion dollars.

B. Settling 380,000 large and small families in modern settlements that include 1,700,000 persons.

Each family would receive financial aid (compensations) for every member in it (5-10 thousand dollars). The total compensations is for all families.

As for compensating owners of agricultural lands and real estates:

A. The estimated value registered in the tables put in 1950 should be taken into account. Difference in cost as specified by the specialized committee should be added to the estimated value.

B. The payment of compensations will be by installments through seven years. The specified amount will be paid yearly for every property owner according to the tables prepared by the specialized committee by a decision from the United Nations.

C. Compensation money in lieu of property (agricultural lands and real estates in the cities), would be paid to the Palestinian property owners that were evacuated in 1948-1949 and the owners whose compensation does not include lands exploited by the Arabs which are considered state lands.

D. Israel will pay the value of property it is exploiting and which it included in its possession. As an aid and support for Israel, America will pay a yearly amount from the budget of external aid to pay the value of property to their owners, the Palestinian Arabs.

Note:

As for the lands seized by Israel in 1967 in the West Bank and Gaza Strip and planted them with Jewish settlements which comprise a large proportion of the area of the West Bank and around Jerusalem. These lands will be included within the framework of the peaceful settlement, which is the establishment of Palestinian autonomy (Palestinian Authority). The Jewish settlements will remain tied to Israel's administration and security.

According to the agreement which the Palestine Liberation Organization signed with Israel, the autonomy authority will administer the affairs of the territories included in the agreement. These territories are Gaza Strip and the city of Jericho. As for the rest of the West Bank regions, negotiations concerning them will be conducted between the Palestinian National Authority and the Israeli Government in the Interim phase.

J. The Status of Jerusalem

It is noteworthy, that the Partition Resolution issued by the United Nations No.181, dated 28 November 1947, considers Jerusalem as having a special status. The city is to be under the United Nations administration. It includes the Holy city and its neighbouring villages. It extends southward till Bethlehem, eastward to 'Ein Karem. It is to be administered by a governor-general representing the United Nations and acts as its deputy in executing the administrative authorities and foreign affairs.

This international resolution was disregarded by Israel who occupied Jerusalem in 1967.

Israel still imposes the status quo in Jerusalem so as to keep it for itself. This is rejected by the Muslim and Christian Arabs.

The peaceful settlement proposals posted by the American Administration during the period 1968-1989 did not include Jerusalem in their plans because the historical city has a special and distinct status which must by taken into consideration to achieve just peace and an end to the Arab- Israeli conflicts.(27).

3. OBSERVATION AND CONCLUSIONS

It is important to note, that several academic studies have been published and others are underway by serious scholars on the question of Palestinian Refugees, from different angles and perspectives, however, on the issue of compensation, the figures published by economists and other scholars in the field are highly controversial. Albeit, a modest attempt was made by the author in gathering information and collecting published data on the issue of compensation, it would be more feasible if our group (Harvard Project) would seek a joint venture in the study of compensations.

Saying all this, I would like to highlight some of the observations and solutions put forward by scholars who are in the field of refugees and demography.

Adelman looks at the possibility for a "durable" solution to the Palestinian refugee problem, working with a general framework that is applicable to all refugee problems. He identifies three forms of durable solutions to refugee problems: (a) repatriation, (b)resettlement, (c) or settlement in a country of first asylum.

Furthermore, he provides three forms of interim assistance that can be of great help to refugees: (a) Relief, (b) Works, (c) Economic Integration (28).

While Henry Cattan, identifies three existing guiding principles:

a. Application of justice and international law.

b. Implementation of relevant U.N. Resolutions.

c. Respect for the human fights and fundamental freedoms.

Furthermore, he believes that the following solutions are apt to a final settlement of the

refugee problem. (29).

a. Repatriation of the refugees to Palestine.

b. Repatriation of the refugees originating in the area of the Jewish State.

c. Restitution of property.

d. Annulment of other measures taken by Israel as the occupying power.

e. Indemnification of refugees.

f. Rehabilitation.

While Jacques Cuenod identified variables that can influence the solution to a refugee

problem, among which are the following : (30)

a. The attitude of the refugees themselves.

b. The attitude and policy of the country of first asylum.

c. The attitude and policy of resettlement countries.

d. The attitude and policy of the country of origin, and

e. The "hidden forces".

According to Cuenod, resettlement with compensation is the more suitable and realistic option.

To summarize some of the Palestinian refugees attitudes:

31.6% are for the total liberation of Palestine.

48.3% are for an independent Palestine State.

8.6% are for compensation.

It is of utmost importance that the question of refugees given more attention, for it is the core of the Palestinian problem, without its fair solution, hopes for a durable and permanent peace in the Middle East will shatter. The opposition camp within the Palestinians would capitalize on the non-solution of the refugees and their right of return.

Therefore, it is urgent that this issue is given greater priority and one hopes that such a joint venture would pose practical and acceptable solutions to a long waited problem.

NOTES

  1. The Palestine Red Crescent Society: The Population conference "Demographic and Socio-Economic Characteristics of the Palestinian Refugees In Diaspora. December 1993, p.3.
  2. Ibid.
  3. The right of Return of the Palestinian People, United Nations Publications, ST/SG/SER. F/2 New York, 1978, p.4.
  4. Economic and Social Council Resolution-U.N. 1 988,(LIV) of 18 May 1973.
  5. Official Records of the General Assembly, Third Session, Supplement No. 11 Document A/648. Progress Report of the UN Mediator in Palestine.
  6. The text Resolution 194 (111) at Annex (11).
  7. The Right if Return, ST/SG/ SER. F?@, p. 15
  8. Official Records of the General Assembly, Sixteenth Session, Document A/AC. 25/W. 81/Rev.2 (Historical Survey of Efforts of the U.N. Conciliation Commission for Palestine to secure the implementation of Paragral2h 11 of G.A. resolution 194 (111-) para. 38.
  9. Ibid.
  10. The Right of Return, ST/SG/SER. F/2, p. 16
  11. Ibid.
  12. Ibid.
  13. General Assembly resolution 2452 A (XXIII) of 19 December 1968. Votes 100 in favor, 1 against , 6 abstentions.
  14. General Assembly resolution 2628 (XXV) of 4 November 1970. Votes : 57 in favor, 16 against, 30 abstentions.
  15. General Assembly resolution 3089 D (XVIII) of 7 December 1973. Votes: 87 in favor, 6 against, 33 absentions.
  16. General Assembly resolution 3376 (XXX) of 10 November 1975. Votes: 93 in favor, 18 against, 27 in abstentions.
  17. Official Records of the General Assembly, Thirty-first Session. Supplement No. 35. Document A/31/35, paras. 18-24.
  18. General Assembly resolution 31/20 of 24 November 1976. Votes: 90 in favor, 16 against, 29 abstentions. Part B: 95 in favor, 12 against, 26 abstentions.
  19. This part of compensation is based on International accredited documents like: International Documents Register 1/7/F, International Committees of Inquiry File / serial No. 1/9/R, and Palestinian Refugees register - 1948: Jordan - File No. 1, Lebanon - File No. 2, Syria - File No. 3, and Gaza - File No. 4.
  1. Resolution No. 194 issued on 1 1 December 1948.

Resolution No. 203 issued on 8 December 1949.

Resolution No.394 issued on 14 December 1950.

Resolution No.512 issued on 26 December 1950.

Resolution No. 720 issued on 26 January 1952.

Resolution No. 816 issued on 4 January 1954.

Resolution No. 916 issued on 12 January 1954.

Resolution No. 1018 issued on 28 February 1957.

Resolution No. 1351 issued on 12 December 1958.

21) These statistics were based on the following documents

a. Government land registers, serial numbers 1-187.

b. Agricultural lands registers, (private ownership) serial numbers in every area 2623 registers.

c. Registers exploited by peasants (serial numbers is every area).

Registers of built-up areas in cities and the country side-serial numbers - cities and villages.

22) a. Files of the British Commissioner - (Jerusalem) No. (1) , 1922-1925.

b. Files of the Jewish Agency No. (2), 1926-1928.

c. Files Numbers 35 No. (3), 1929-33.

d. Real Estate files serial numbered No. (4), 1934-39.

e. Agricultural Lands, register numbers 5-173.

Unplanted Lands, register numbers 5-173.

23) a. UN Documents File (D/R/B/1948).

b. The International Committee of Inquiry Reports File (R/B/J/1948-19499.

The International Red Cross File - Geneva (T/M/R/B/1948-1950).

24) UN. File No.8/S/B.

In defining the value of property included by the UN Resolution No. 194, four documents were cited:

a. First File: Documents of real estate ownership.

b. Second File: Reports of experts including Arab Experts.

c. Third File: Reports of the Arab League Documents.

Fourth File: Studies and Reports submitted to the UN

26) Values of agricultural lands:

In 1950 - $1104 millions

In 1993 - $3925 millions

Villages 270 - $1884 millions

Houses 45500 - $1204 millions

Construction Land - $207 millions

Shops - $69 millions

Factories - $13 millions

Evacuated Villages - $294 millions

27) Followings is a list of property included in the compensation Resolution No. 194: Agricultural Lands in the Coastal and Northern Areas:-

Irrigated Lands 1,400,000 dunams

Fallow Lands 3,200,000 dunams

Citrus Groves 360,000 dunams

Olive Trees 78,000 dunams

Vineyards 53,000 dunams

Unexploited Lands 700,000 dunams

Total 5,691,000 dunams

270 villages in the coast and northern areas.

92 large villages in the coast and northern areas.

178 villages in the coast and northern areas.

Houses for Dwelling in the Cities

Lands for Building in 14 Cities :

Stores and shops in the Cities and Villages.

Various Factories:

The Transformation of Palestinian Civil Society and Its Role in Developing Democratic Trends in The West Bank and Gaza Strip