27 April 2000

MESSAGE OF THE U.N SECRETARY-GENERAL,  TOTHE  PARIS CONFERENCE ON PALESTINE REFUGEES,

Following is the message of Secretary-General Kofi Annan to the International Conference on Palestine Refugees, delivered by Under-Secretary-General Kieran Prendergast, at the Headquarters of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Paris on 26 April:

It gives me pleasure to convey my greetings to all the participants in this International Conference on Palestine Refugees, which has been organized by the Committee on the Exercise of the Inalienable Rights of the Palestinian People in cooperation with the Organization of the Islamic Conference and the League of Arab States. This is the second conference organized by these three bodies on issues relating to the question of Palestine, and as such is another example of the partnership that has developed among our organizations, as called for in General Assembly resolutions. I would like to thank the OIC and the LAS for sharing the costs, and the Director-General of UNESCO for the considerable assistance provided by his staff to the United Nations Secretariat.

This event is being held at a time when the Israeli-Palestinian peace negotiations are at a very delicate stage. The parties appear to be bridging some of the gaps on a number of interim and longer-term issues. There is also genuine determination on both sides to bring the negotiations to fruition. The resumption, in March, of the permanent status negotiations was a welcome step in that direction. Once again, I call on the parties not to ease up in their efforts to resolve differences. I urge them to move the peace process forward -- towards the framework and final settlement agreements in May and September of this year, and towards the achievement of a comprehensive, just and lasting peace in the Middle East based on Security Council resolutions 242 and 338.

The negotiators face an array of very difficult and divisive issues -- Jerusalem, borders, settlements and water resources. Among them is the plight of more than 3 million Palestine refugees, which has been a major humanitarian and security concern for more than half a century; has had regional repercussions; and is central to the question of Palestine. Indeed, a sustainable peace in the entire region will have to factor in a viable solution to the refugee situation, as underscored in relevant United Nations resolutions.

The United Nations remains as committed as ever to this objective. The General Assembly has repeatedly stressed the need for resolving the problem in conformity with its resolution 194 of 1948, and more than 50 years ago entrusted the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) with the task of providing relief assistance to Palestine refugees. Today, UNRWA is the longest running relief endeavour ever undertaken by the United Nations. It has been the principal source of humanitarian assistance for millions of Palestinians. It has provided them with basic social services, schooling and health care. And it has been an important source of stability. Despite such contributions, UNRWA has been beset in recent years by deep and recurrent financial problems. I call on donors to continue to assist UNRWA so that it can continue to deliver the level of services that refugees require. I would also like to express my gratitude to those governments -- including Egypt, Jordan, Lebanon and Syria -- that have hosted refugees and closely cooperated with UNRWA over the years.

As the parties close in on the critical transitional issues, they will continue to require support from the international community. I recently appointed Terje Rod-Larsen of Norway -- who had been closely involved in the peace process -- as United Nations Special Coordinator for the Middle East Peace Process and as my Personal Representative to the Palestine Liberation Organization and the Palestinian Authority. He is working closely with the various parties in an effort to ensure that the varied assistance provided by the United Nations -- its development support, its peacekeeping operations, its political support -- is more effective and efficient.

The peace process in the Middle East is reaching a dramatic point. The parties have traveled a long way, but much remains to be achieved. We cannot allow despair and frustration to set in and upset all that has been accomplished thus far. A concerted effort is needed to clear the remaining roadblocks. In that spirit, I call on all sides to redouble their efforts and to move the negotiations ahead in accordance with the agreed timetable. This conference, by focusing on a key part of the picture, will no doubt make a valuable contribution. On behalf of the United Nations, I offer to you my best wishes for a successful conference.

UNITED NATIONS INTERNATIONAL CONFERENCE ON PALESTINE REFUGEES
26 TO 27 APRIL 2000

PARIS, 26 April-The Committee on the Exercise of the Inalienable Rights of the Palestinian People, in cooperation with the Organization of the Islamic Conference and the League of Arab States, convened the International Conference on Palestine Refugees which opened today at the UNESCO Headquarters. His Excellency Mr. Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization and President of the Palestinian Authority, attended the opening session. Participants included eminent political personalities, world-renowned experts on Palestine refugees, the Palestinian Authority, representatives of intergovernmental organizations, United Nations system organizations, non-governmental organizations and the media. In the following days, participants will discuss the present situation of Palestine refugees, examine the role of the United Nations in finding a just solution to the refugee issue, provide an in-depth analysis of the question of Palestine refugees in the context of the current Middle East peace process, and promote concerted political and other action in support of a lasting solution to the Palestine refugee problem in accordance with international legitimacy.

Message of MR.KOFI ANNAN, United Nations Secretary - General delivered by Mr. Kieran Prendergast/Under Secretary General for Political Affairs.

This International Conference on Palestine Refugees is the second event organized by the Committee on the Exercise of the Inalienable Right of the Palestinian People in cooperation with the Organization of the Islamic Conference and the League of Arab States.

The Secretary-General noted that Israeli-Palestinian peace negotiations are at a delicate stage. Both sides want to bring them to fruition. Mr. Kofi Annan urges the parties to move the peace process forward in order to achieve a comprehensive, just and lasting peace in the Middle East based on Security Council resolutions 242 and 338 in accordance with the agreed timetable. The divisive issues they that the parties will have to deal with are, inter alia: Jerusalem, borders, settlements and refugees. The issue of more than 3 million Palestinian refugees, is central to the question of Palestine and a sustainable peace in the entire region.

The General Assembly has repeatedly stressed the need to resolve the refugee issue in accordance with resolution 194. The United Nations Relief and Works Agency for Palestine Refugees in the Near East has been the principal source of humanitarian assistance for millions of Palestinians. It provides social services, schools and health care, but it has been beset in the recent years with financial problems. Mr. Annan calls on donors to continue to support UNRWA, and thanks the governments of Egypt, Jordan, Lebanon and Syria who have hosted the refugees over years.

Recently appointed by the Secretary-General, Mr. Terje Rod-Larsen of Norway, the United Nations Special Coordinator is working closely with the various parties in an effort to ensure that the varied assistance provided by the United Nations is more effective and efficient. Though the peace process in the Middle East is reaching a dramatic point, much remains to be achieved. This conference will no doubt make a valuable contribution by focusing on a key part of the picture.

MR. BRUNO RODRÍGUEZ PARRILLA, Vice-Chairman, Committee on the Exercise of the Inalienable Rights of the Palestinian People

Since the 1991 Madrid Peace Conference, the parties have travelled a long way. The future of some 3.6 million Palestine refugees scattered throughout Middle East and beyond are among the issues that are being addressed in the context of the final settlement negotiations. A humanitarian problem of unprecedented proportions, is the most complicated, painful and old of all permanent status issues. If this problem is not approached with due care and patience, if it is not resolved fairly and in accordance with norms of international law, the potential for peace and stability in the region will be seriously jeopardized.

Throughout the years, the United Nations General Assembly and Security Council have addressed the question of Palestine refugees and displaced persons in scores of resolutions. The most important and specific among them, are General Assembly resolutions 212 (III) of 19 November 1948 - the first resolution on providing assistance to Palestine refugees; 194 (III) of 11 December 1948 - establishing United Nations Conciliation Commission for Palestine (UNCCP); 302 (IV) of 8 December 1949 - UNRWA; and Security Council resolutions 237 (1967) and 242 (1967).

The Committee strongly believes that the United Nations should continue to have the permanent responsibility towards all aspects of the question of Palestine, including the problem of Palestine refugees until it is resolved in conformity with relevant United Nations resolutions and in accordance with international legitimacy. It is universally acknowledged that the right of return is the core of the refugee problem. On numerous occasions it has been discussed at international meetings and conferences organized under the auspices of the Committee. In 1997, the Division for Palestinian Rights, under the guidance of the Committee, began a project aimed at the preservation and modernization of the property records of the Palestine refugees, originally prepared by the UNCCP. This important project is now nearing its completion.

Together with the Organization of the Islamic Conference and the League of Arab States, the Committee would like to bring this unresolved issue to the focus of international attention, and to reaffirm the determination of the world community to ensure a comprehensive, just and lasting settlement in accordance with international legitimacy and United Nations resolutions. It is also of great significance that this meeting, hosted by UNESCO, is being held here in Paris - in the centre of Europe, whose countries have done so much, together with the co-sponsors of the peace process, to create a political and economic environment favourable and conducive to peace.

MR. AZEDDINE LARAKI, Secretary-General of the Organization of the Islamic Conference

In 1948, the Israeli authorities embarked on a series of massacres and expulsions that lead to the dispersions of Palestinians all over the world. In 1967 the Palestinians experienced another series of mass deportations. The Palestinian Diaspora is now spread over Iraq, Egypt and the Gulf countries, with the majority in Jordan, Syria and Lebanon. The geographical breakdown of Palestinian refugees is nowadays as follows: Jordan : 1,512,742, Lebanon : 370,144, Syria : 374,521, Gaza : 98,444, the West Bank : 69,741, total : 3,625,592.

After the Arab-Israeli conflict in 1948, the UNRWA was established as per a December 1949 United Nations General Assembly resolution and went into operation in May 1950. UNRWA has been providing essential services to the refugees in the areas of education, health, relief and social care. UNRWA is different from other international organization because, despite its 50 years in operation UNRWA 's mandate still has to be reviewed every 3 years, 95% of UNRWA's budget is in the form of voluntary contributions from donor states, and its mandate is that of a humanitarian agency. The UNRWA financial crisis calls for the provision of additional resources to the agency. It would not be appropriate to transfer the responsibility for the refugees to any other agency until the refugee issue is resolved in accordance with resolution 194.

The OIC would like to stress the following facts: the Palestinian people's right to return to their homeland is inalienable, supported by the General Assembly resolution 194, the Universal Declaration on Human Rights, other human rights agreements, the Nurenberg Charter and the 4th Geneva Convention. There is an organic link between the right of return and the Palestinian right to self-determination. International Law experts are aware that the honoring of the right to return was a sine qua none condition for the founding of the state of Israel, as its admission to the UN was conditional on its agreement to implement resolution 194. It is necessary to compel Israel to admit its historical and political responsibility to implement resolution 194. It is also necessary to immediately implement Security Council resolution 237 regarding the Palestinians displaced in 1967. OIC considers the right of return non-negotiable; changes in sovereignty or actions of representatives cannot annul it. Compensation is not a substitute for return. Rather, in addition to the right of return, refugees are entitled to compensation, namely moral compensation to individuals and communities, compensation for war crimes, compensation for the crimes against humanity and compensation for crimes committed against peace.

MR. SAID KAMAL, Under-Secretary-General for Palestine Affairs, representative of the Secretary-General of the League of Arab States

Mr. Kamal stated that permanent status negotiations have reached the issue of Palestine refugees- one of the basic root causes of the Israeli-Palestinian conflict. In 1948 over 700,000 Palestinians had to seek refuge to escape the horrors of war and sometimes deliberate Israeli expulsions which are being increasingly recognized by historians and politicians in Israel.

Mr. Kamal stated that General Assembly Resolution 194 affirmed the Palestine refugees' right of return. This right has been reiterated 110 times by the UN. The Arab States continue to assist the Palestine refugees over the years, including the provision of employment opportunities in their labor markets. The Arab States provide contributions the Peace Implementation Program and UNRWA, which is playing an important role in granting social services to the Palestine refugees. The League of Arab States' support is further evidenced by placing of the Palestine refugee issue as a permanent agenda item at the meetings of the Arab League. A Conference on Palestine refugees meets twice a year in the host countries.

In the view of the Arab League, a permanent solution to the Palestine refugees issue must acknowledge their right of return. Attempts to circumvent UN resolutions and international legitimacy through resettlement are not practical. Genuine peace and stability for Israel cannot be achieved without solving the Palestine refugee issue, otherwise revolutions and intifadas will follow for generations to come.

MR. AHMED SAYYAD, Assistant Director-General, representative of the Director-General of UNESCO

Mr. Sayyad stated that UNESCO has been cooperating with UNRWA in the field of education for Palestine refugee children. It supports the preservation of the Palestinian cultural heritage, as long as the refugee problem remains. In the wake of Oslo, UNESCO made a proposal to UNRWA and to the Palestinian Authority to consider the eventual integration of all schools into the Palestinian education system. Though this proposal may have been misinterpreted, it was dictated solely by concern for the interests of Palestinian children. UNESCO will continue to support Palestine refugees within its educational and cultural mandate.

MR. AS'AD ABDUL RAHMAN, Member of the Executive Committee of the Palestine Liberation Organization, Head of the Refugees Department

Mr. As'ad Abdul Rahman stated that the 5 million Palestine refugees had not forgotten that they have a homeland. The condition for Israeli recognition was its acceptance of resolution 194 and the refugees' right of return. However, resolution 181 on the Partition of Palestine, which is still relevant, as well as resolution 194, and subsequent resolutions have been flouted by Israel. Resolution 194 is the only just solution acceptable to the Palestine refugees and the PLO. The right of return is enshrined in Human Rights laws, Geneva conventions and has been acknowledged repeatedly by UN bodies. However, the Palestinian Authority finds itself still struggling with the last withdrawal. In spite of the existing agreements for Israel to vacate 91 percent of the Palestinian territory. Israel is trying to reopen the territorial issue. While no progress has been achieved in the permanent status talks, several suspect trial balloons have been floated (withdrawal from 65, 70 or 80 percent of the territory). Israel would supposedly withdraw from a certain percentage of the occupied territories in return for concessions on the permanent status issues. Israel is pursuing a policy of stalling in the negotiations while delaying withdrawals. Proposals are made to postpone the issues of Jerusalem and refugees until after permanent status talks. Despite optimistic media reports, there is little positive happening in the negotiations. The international community took quick action to redress the refugee situation in Kosovo, Bosnia and elsewhere. The Palestine refugee issue should be treated with equal seriousness; without a solution to the refugee problem the dream of peace in the Middle East can turn into a nightmare.

OMAN on behalf of the Arab group

The representative of Oman stated that without a solution to the Palestine refugee issue there can be no peace. Arab states have made a strategic choice in favor of the peace process based on the principle of land for peace. The international community was asked to set up a mechanism to find a solution to the refugee problem through resolution 194 and the UNCCP. He called on Israel to implement its commitments and comply with relevant UN resolutions. The Palestinian right of return is enshrined in Human Rights covenants and reaffirmed by the General Assembly over 110 times.

SOUTH AFRICA on behalf of the non-aligned movement.

The ambassador of South Africa stated that as early as 1961 the Non-aligned movement called for the full restoration of Palestinian rights, including the right of return, and the right to its own state with Jerusalem as its capital. The Non-aligned movement continues to emphasize the need for UNRWA to have the fullest financial support. The Cartagena Ministerial Conference of the Non-aligned movement reaffirmed the need to fulfill agreements reached, support for resolutions 242 and 338 and the principle of land for peace. UN retains a permanent responsibility for the Palestine refugee issue until it is resolved.

FRANCE

The representative of France noted that the refugee issue continues to be one of the main elements for a lasting solution to the conflict in the Middle East. France continues to support UNRWA and he announced that his Government will increase by 50 percent its contribution. He indicated that there are 4 principles that guide the solution to the refugee question: 1. International legality. United Nations resolutions constitute an abiding reference to the negotiations. 2. The new realities in the Middle East regarding political, demographic and socioeconomic aspects. These new realities have to be taken into account and require political compromises. The right of return will depend on the absorption perspectives. The right to compensation which does not substitute for the right of return will depend on financial arrangements and modalities of its distribution. 3. The wishes of the refugees should be taken into account and consultations should allow the refugees to express their preferences. 4. The international community has to play a role and coordinate the modalities for the implementation.

INDONESIA

The representative of Indonesia stated that no other refugee issue has been this challenging. Generations of Palestinians have grown up facing hardship. The right of return stipulated in resolution 194 has been reiterated time and time again. It does not diminish with the passage of time. Security Council resolution 237 is unequivocal in calling for the return of refugees.

CHINA
The representative of China welcomed the decision of the Palestinian people to chose peace and to adopt a flexible and gradual approach to the realization of their rights. Respect for UN resolutions and agreements reached is needed, but it should also be anchored in realities. Since 1965 China has supported schools for Palestine refugees. This year his Government is providing 30 million Yuan to the Palestinian Authority for economic rehabilitation.

UKRAINE
The representative of Ukraine stressed the importance of Security Council resolutions 242 and 338. He also underlined the significance of implementing the Oslo agreement, the Wye River memorandum and the Sharm el Sheykh agreement. The transfer of territories and release of prisoners should be accelerated. He also pointed out the role of the UN as the guarantor of international law. Ukraine stands ready to develop economic cooperation with the Palestinian Authority.

ITALY

The representative of Italy stated that Italy is committed to a just and lasting solution in the framework of the peace process. Its Government has contributed specifically to the multilateral track. Palestinians are the main beneficiary of Italian development assistance in the Middle East. Italy contributes 4 million dollars to UNRWA. It will further contribute 1 million dollars for hospitals for the refugees in Lebanon and another 900,000 dollars to the Palestinian Red Crescent for training needs. His Government is the main contributor to UNESCO programs for Palestine refugees.

EGYPT
The representative of Egypt stated that new hopes for peace arose after the defeat of the Likud government. However, the Israeli negotiators are mistaken if they believe that the Palestine refugee issue can be circumvented through tactical maneuvers. Arab negotiators cannot negotiate away the right of return. This right is inalienable and therefore is not for Israel to grant it or take it away. He deplored the continuing Israeli settlement activity, which undermines the negotiations.

PLENARY I
Palestine refugees - the longest-running humanitarian problem in today's world

MR. SALMAN ABU-SITTA, Researcher and former member of the Palestine National Council, Kuwait, told the conference that the 3.7 million refugees who are registered with UNRWA and the 1.3 million unregistered, constitute two-thirds of the total of eight million Palestinians and represent the largest, oldest and most politically important group of refugees in the world. General Assembly Resolution 194 enjoys sustained, universal and overwhelming consensus, having been confirmed more than 100 times in the last 50 years. It affirms the right of refugees to return home, it provides welfare to the refugees until they return, and it creates a mechanism to effect that return: the UNCCP.

It is often said that refugees have the right to return but the country cannot absorb them. This is a misrepresentation of the facts. Two thirds of the Jews still live in 8 per cent of Israel, or basically in the 1948 neighborhoods. 78 per cent of the Jews live in 14 per cent of Israel. The remaining 86 per cent of Israel, which is largely the home of the Palestinian refugees, is exploited by 200,000 rural Jews, who hold up any prospects for peace. If the registered refugees in Lebanon (362,000) were to be allowed to return to their homes in Galilee, which even today is predominantly Arab, the Jewish population there will hardly feel the difference. To put the numbers into perspective, the numbers of Russian immigrants, mostly economic and largely non-Jews, are almost the same as those of Lebanon and Gaza refugees combined.

Since 1948, there have been more than 3 dozens schemes to resettle the refugees anywhere in the world except their homes, all devised by pro-Israelis, all failed. Compensation is often mentioned as a solution. However, compensation is a not accepted for homes and land – these are not for sale but for restitution. Compensation is due for material and non-material damages and losses which the refugees have incurred for 50 years, and reparations for war crimes.

MR. DON PERETZ, Professor Emeritus, Binghamton University, New York, stated that the Palestinians and the Arab States consider Israel responsible for the payment of compensation to the refugees who left in 1948. The Israeli Government has disclaimed responsibility for the refugee departure, placing the blame on the Arab leaders. Israel, however, has indicated willingness to discuss the issue in the context of a peace settlement as a humanitarian gesture, not as an obligation by the State of Israel.

He said that a major task is the identification of items to be compensated for. Sources for identification of former Palestinian Arab assets are diverse. The Israeli government has not published any estimates of the overall value of abandoned property. Available estimates from UNCCP offered a rough calculation of the value of moveable property at 20 million Palestinian pounds (LP). The UNCCP estimated that the total value of abandoned Arab land was about LP 100 million. When the issue of compensation was initially raised, Israel responded with counter claims for Jewish owned property in areas of Palestine held by Jordan, war damage claims, and claims for property of Jews leaving Iraq in the early 1950s. The Sephardi lobby in Israel will continue to exert strong pressures on the Government to take into account their counter-claims.

He noted that the principal difference between the parties over compensation is whether payments should be global or individual. Neither the US nor the UN has taken an official position on this question. To the extent that funding may become available, it will probably be for global compensation in the form of contributions to rehabilitate and resettle the refugees. Given the magnitude of compensation to be paid, the source would have to come from or supplemented from outside the region.

MR. URI AVNERY, journalist, writer, peace activist and Chairperson of Gush Shalom, Tel Aviv, said that he had had first-hand experience on the refugee issue having taken part in the battles of 1948. On the Palestinian side, there is the dream of the return, while on the Israeli side, there is a nightmare that the return will mean the destruction of Israel. A solution that can be accepted by the majority of Israelis must be found. There can be no lasting peace without putting an end to the tragedy of the refugees and this cannot be achieved until the Israeli people accept return as compatible with the spirit and security of the State. The first step towards a solution is that the State of Israel clearly admits its part of the moral responsibility and asks for forgiveness. The admission of responsibility leads to UN resolution 194.

Mr. Avnery proposes that Israel should undertake to bring back an agreed number which can be absorbed psychologically, politically and economically. It will not in the millions, but more than tens of thousands. This is feasible as many refugees have relatives in Israel and others left villages that are still inhabited by Arab citizens. Many refugees can be resettled in the future State of Palestine. If the Palestinians agree to accept them this would strengthen their case to have the settlements evacuated and turn them over to the refugees. Great sums would be required from the international community to compensate the refugees who do not wish to return for their lost property and for the loss of educational and other opportunities. He proposes that an open discussion should be held to demystify the refugee issue, and that an objective scientific body free from political pressure should estimate the number of Palestine refugees, feasibility studies on return should begin, and a joint Israeli-Palestinian information center on the issue should be established.

MS. SUSAN AKRAM, Associate Professor, Boston University School of Law, Boston, said that the Palestine refugees, unlike any other group of refugees, are singled out for exceptional treatment in the international legal instruments dealing with the rights and obligations of states towards refugees. Almost all states and international entities have interpreted those legal instruments as severely restricting the rights of Palestine refugees. Although Palestinian refugees are not specifically mentioned in Article 1D of the 1951 Convention relating to the Status of Refugees, it is evident from the interrelationship of this provision with the Statute of the UNHCR, the regulations governing UNRWA and resolution 194 that this provision is applicable to the Palestinians.

Mrs. Akram said that certain immediate issues should be addressed:
1. An agency or entity fully competent to represent the interests and further the claims of the refugees must be immediately empowered to do so, both in the context of the negotiations and before international and other fora.
2. The alternative scheme of Article 1D must be recognized as affording Palestinian refugees full benefits under the Refugee Convention, including access to the right of asylum and residence in whatever state they find themselves until they can exercise their rights of return, compensation and restitution, in accordance with the relevant UN resolutions.
3. UNHCR must immediately intervene with Israel and with other state signatories to the Refugee Convention in which Palestinian refugees reside to demand the protection of the refugees and prevent further erosion of the refugees' human rights pending a final resolution of their status. This may include the UNHCR requesting an advisory opinion from the ICJ until there is a fully sovereign entity empowered to raise such claims on the refugees' behalf.
4. UNHCR or the agency chosen to represent the refugees should draft its own framework for durable solutions based on the appropriate UN resolutions.
5. Refugee communities themselves must become aware of the legal framework available to them in order to accurately access options and possibilities for raising their own claims within and outside the context of negotiations.

PLENARY II
The United Nations and Palestine Refugees

DR. HUSSEIN HASSOUNA, Permanent Observer of the League of Arab States to the United Nations, New York, stated that the international community has been lately preoccupied with refugee crises in Africa, Kosovo and East Timor but has always considered the Palestine refugee problem a special case of particular importance. The international community decided not to include the Palestine refugees in the mandate of the UNHCR, but to create a special agency - UNRWA. Also, they were excluded from the 1951 Refugee Convention. The rights of the Palestine refugees were recognized in Resolution 194 and numerous subsequent resolutions. Although considered recommendations, their repeated adoption endows them with considerable political, legal and moral weight. Their legal and political authority was further reinforced by Security Council resolution 242.

Resolution 194 also recognizes the refugees' right to compensation for their property, in case they chose not to return. A number of precedents exist: in the former Axis and Axis occupied countries laws were adopted for the restitution or compensation to Nazi victims, including damage to their possessions and property. The same principle has been applied to former Jewish assets in Swiss banks. The value of Palestinian property can be determined from the information of the UNCCP. Mr. Hassouna stated that the solution of the Palestinian refugees problem is a main component of any comprehensive settlement of the Middle East conflict and must be based on the following principles in order to be acceptable and lasting: the right of return, the right to compensation for dislocation and lost property, the principle of non-refoulement, the prohibition on mass expulsion, the illegality of forced population transfers, the concept of state responsibility. The UN has a permanent responsibility towards the Palestinian refugees. Any settlement of the 1948 Palestinian refugees' problem (as distinct from the problem of displaced Palestinians in 1967), must be in implementation of resolution 194. The right of return consists of the right of individuals to return to their original 1948 homes and not merely to the new Palestinian state. Israel should acknowledge its historical responsibility for the problem of the Palestine refugees.

MR. LIONEL BRISSON, Director of Operations, Representative of the Commissioner-General of UNRWA stated that on 1 May 2000 UNRWA will mark fifty years of field operations. Following the 1948 Arab-Israeli conflict, UNRWA was established by Resolution 302(IV). At the outset, UNRWA focussed on direct relief operations. Later, UNRWA began to deliver basic education and health services, training and income-generation initiatives, and to support the development of community-based services. In 1950, there were some 900,000 registered Palestine refugees, compared to some 3.7 million now. UNRWA has 22,000 staff and some 900 facilities. The UNRWA-UNESCO education programme accounts for more than half of its budget. Around half a million children are enrolled in UNRWA's 647 schools. Education is free and gender parity is maintained. In cooperation with WHO, UNRWA offers primary healthcare through a network of 122 outpatient facilities. The Agency's Relief and Social Services programme supports more than 2000,000 Palestine refugees unable to meet their own basic needs. UNRWA's Income-Generation Programme aims to create sustainable job opportunities in the West Bank and Gaza Strip through the provision of loans.

UNRWA has a symbolic meaning for the Palestine refugees, who view the Agency as the tangible expression of the international community's support. UNRWA supports the peace process: following Oslo, it introduced the Peace Implementation Programme aimed at making the results of the peace process felt at local level. UNRWA operations are financed almost entirely by voluntary contributions from governments and the European Union. The budget for 2000 is US$360 million. However, the Agency continues to face a critical financial situation. UNRWA continues to offer a source of stability in a turbulent region. Its ability to deliver services will depend in large part on the financial and political support it receives.

MR. MUSTAPHA DJEMALI, Director of the Regional Bureau for Central Asia, South-West Asia, North Africa and the Middle East, UNHCR, stated that in the aftermath of the Second World War, the international community acknowledged the needs of the refugees by establishing UNHCR in 1949. Palestine refugees were meant to be of concern of another agency - UNRWA, which was set up also in 1949. The UNHCR Statute excludes persons receiving assistance from UNRWA. Palestine refugees outside of UNRWA's area of operations may be considered by UNHCR as coming within its mandate. Such Palestinians are also covered by the 1951 Refugee Convention.

UNHCR has legally assisted Palestine refugees who find themselves outside UNRWA's area of operations with the authorities of countries of asylum. In countries signatory of the 1951 Convention, UNHCR has systematically provided legal assistance and advisory role for Palestinians who sought protection there. The High Commissioner issued in September 1995 a joint-statement with UNRWA Commissioner General in the aftermath of the forced movement of a group of Palestinians to the No Man's Land between two countries in the region.

UNHCR's position is that voluntary repatriation remains the preferred solution in any refugee situations. UNHCR has repatriated more than 35 million refugees back to their countries of origin in Africa, Asia, Latin America and recently in Europe. In UNHCR's perspective, any refugee repatriation's viability hinges upon its voluntary character. It should be implemented under conditions of safety of the returnees. Such a voluntary return should be sustainable, otherwise, returnees may become IDPs. All parties concerned must agree upon the repatriation.

MS. LAURA REANDA, former United Nations official, consultant, New York, stated that the Conciliation Commission for Palestine (UNCCP) composed of France, Turkey and USA is the only organ dealing with the Palestine question which has been continuously in existence since 1948. The scope of its activities at one point encompassed the major political, legal and economic aspects of the issue. The Commission's approach to resolving the refugee question was based on the following provisions: 1. The principle of the right of the refugees to exercise a free choice between returning to their homes and being compensated for the loss of or damage to their property and on the other hand of not returning to their homes and being adequately compensated for the property abandoned. 2. That the refugees choosing not to return to their homes would be entitled to resettlement elsewhere. 3. That the question of compensation was an integral part of the solution to the refugee problem.

Israel insisted that the real solution lay in the refugees' resettlement in Arab States. Arab delegations were unanimous in demanding acceptance of the right of return of the refugees as a sine qua non for peace negotiations. The UNCCP's active political role was eventually suspended by General Assembly resolution 512 (VI) of 26 January 1952, which placed the primary responsibility for reaching a settlement on the Governments concerned.

The UNCCP developed a number of guiding principles for a possible compensation scheme, primarily that compensation should be paid to individuals and not Governments, and should be handled through the Commission or another international body. Two sets of estimates were prepared for immovable and movable property. The total value of abandoned land was estimated at about LP 100 million. With regard to movable property, the total value was approximately LP 20 million. These estimates were strongly criticized by the Arab parties and the refugee representatives.

Recently, however, attention has focused again on the subsequent programme of identification and valuation of refugee properties carried out by the UNCCP in the 1950s and 1960s. In 1996, the General Assembly requested the Secretary-General to preserve and modernize the existing records. This project is now nearing completion.

MR. YOSSI KATZ, Member of The Israeli Knesset (Labour Party), Tel Aviv, stated that his political positions reflects his personal view and is even the minority opinion within the Labour Party.

Mr. Katz said that the majority Israeli position rejects the right of return of refugees to their homes in Israel. Extremists reject even the right of return to the West Bank. Israel argues that the Arabs caused the Palestinian refugee, by rejecting the UN Partition Plan of 1947 and by attacking Israel in 1948. Israelis believe that the return of Palestinian refugees will undermine the Jewish character, the viability and stability of the Jewish State. Return to Israel would call into the question ownership of homes, villages and other properties. Israel must therefore avoid significantly enlarging the non-Jewish demographic component of Israel. Israelis claim that the statistics and figures of UNRWA on the refugees are grossly exaggerated. Israelis criticize the fact that in Syria some 300,000 and in Lebanon 350,000 refugees have been stateless for many years. Israel may not deny the right of Palestinian refugees to fair compensation but would like to link this issue to Jewish refugee compensation claims in Arab countries.

He indicated that some compromise solutions could be put forward: 1.Israel acknowledges that it shares practical responsibility, together, with other parties to the process that culminated in the 1948 war, for the plight and suffering of the refugees and that rectification of that plight by all parties is a central goal of the Arab-Israeli peace process. 2. Israel also accepts the right of return to the Palestinian State. 3. Israel will absorb 100,000 refugees in the framework of reunification or in any other basis which will be agreed by the parties. 4. Israel will cooperate in organizing an international support for a collective compensation for the loss of property and suffering of the Palestinian refugees and for the recovering and reconstruction of the refugees. 5. In case there will be an individual compensation of Arab refugees, there will be also a parallel act with regard to Jews who left their homes and property in the Arab countries.

MR. TERRY REMPEL, Coordinator of research, BADIL Resource Center for Palestinian Residency and Refugee Rights, Jerusalem said that the demise of the UNCCP was precipitated by several factors: 1. Historical circumstances - Israeli opposition to repatriation. 2. The decision to de-link compensation from repatriation. 3. The role of member states of the Commission which brought their own interests to play. 4. The internal contradictions within the UNCCP mandate. This contradiction was evident in the debate of the draft resolution as a clash between the broad mandate as defined in paragraphs 4 to 6 and the special guidelines as defined in paragraph 11.

The success of UNCCP in relation to its broad mandate depended on its ability to bring the parties together around a broad common agenda. The success of the Commission in relation to the guidelines depended on the ability of the Commission to convince Israel to accept very specific provisions to which it was adamantly opposed. During its first year, though, some progress was achieved as efforts were made to determine numbers of refugees, place of origin, previous occupations, means of subsistence, and methods to determine refugee preferences. The subsequent General Assembly resolution 394 establishing the Refugee Office authorized it to deal primarily with compensation. In other words, the protection function of UNCCP was reduced to the lowest possible common denominator. Unfortunately, the Oslo process does not provide for an international agency at the negotiations to represent the specific rights, choices and interests of Palestine refugees.

PLENARY III

Palestine refugees and the current Middle East peace process

MR. OSAMA EL-BAZ, Political Advisor to the President of Egypt, stated that there are several misconceptions regarding the refugee problem; Israel must begin by accepting its responsibility towards the refugees: the Palestine refugee problem should be approached not only in a pragmatic manner but legal and moral factors should also be taken into account; the issue of Palestine and Jewish refugees should not be confused. Resolution 242 clearly deals with Palestine refugees. It is important to establish responsibility for the Palestine refugees and this could be done at the two separate sets of the negotiations, bilateral and multilateral. That every Palestine refugee has the right of return should be a given. This principle can be implemented if a certain room for modalities is accepted by the parties. There is room for flexibility on the modalities of return with regard to the number of returnees, time frames and the like. Even those who wish to return should be entitled to compensation for pain and suffering.

He noted that the return of Palestine refugees will not mean the destruction of Israel. The returnees will join the already sizeable Israeli Arab population. One should also distinguish between maintaining the Jewish character of Israel, which has some merit as an argument, and maintaining ethnic purity by keeping the Arab population to the minimum. Both peoples should coexist in view of the declared desire of Israel to establish openness and normalization with Arab neighbors. This would require opening the borders to the movement of people. In sum, Israel should return the Arab lands occupied in 1967 and seek a fair and just solution to the Palestine refugees.

MR. HENRY SIEGMAN, Director, United States/Middle East Project Counsel on Foreign Relations, New York, noted that a fundamental precondition exists without which the Middle East problem could not be solved. This problem is the absence of the critical political will that will not be mastered by May or by September unless Palestinians and Israelis look at each other and recognize their national aspirations. This is the most difficult change without which none of the issues, such as the refugee problem, would be solved. Because of the big imbalance that exists between the two sides on the military and economic aspects, the burden to make peace is on the Israeli side.

Recounting his personal experience, he strongly rejected anti-Semitism which he said is often expressed in the Arab media, mosques and religious institutions. His personal experience also helps him to understand the Palestine refugee situation. Israel should redress the injustices committed against Palestine refugees. He said that Israel must recognize publicly its moral responsibility for the refugees. A solution requires the assistance of the international community and of the countries in the region.

MRS. KARIN ROXMAN, Political Adviser to the Special Envoy of the European Union to the Middle East Peace Process, Brussels, stated that the EU position is very clear: there can be any just, lasting and comprehensive settlement in the Middle east without a solution to the Palestine refugee issue which is at the core of the conflict. The refugee issue is being discussed in the context of the Framework agreement, which has May as the target date for completion. Both sides will need to make difficult concessions.

The EU has a high stake in peace in the region. It is preparing itself and is working on a paper identifying its interests in the region, drawing its vision for the future and is going to propose a set of guidelines on what the possible EU contribution to peace in the region might be. The EU has taken a political and economic responsibility for Palestinian refugees. It has expressed its willingness to contribute to the permanent status negotiations and has established an informal task force on refugees. The EU is the main donor to UNRWA. The Union supports the Gavel holder's efforts to maintain activity in the RWG. It also supports people to people activities in the West Bank and Gaza and seminars and workshops involving professionals to increase awareness of the Palestine refugee issue, contribute new ideas and help build bridges between countries and peoples.

The EU has an important role to play in the peace process. It believes that the settlement of the issue of Palestine refugees would have to take account of the new realities of the situation of refugees since 1948 and particular the political, demographic and economic changes affecting the region.

MR. ANDREW ROBINSON, Special Coordinator for the Middle East Peace Process, Department of Foreign Affairs and International Trade, Ottawa, said that he was acting on behalf of Canada as the "Gavel" of the Refugee Working Group. The Refugee Working Group (RWG) is anchored firmly in the context of Madrid peace process based on Security Council resolutions 242 and 338.

At the 1992 conference in Moscow the multilateral process was launched and 5 multilateral working groups were established. They were designed as a complement to the bilateral process but not as a substitute for it. The mandate of the Working Group of refugees which operates by consensus covers issues such as the improvement of the living conditions of the refugees without prejudice to their future status, family reunification, and in support for a viable and comprehensive solution to the refugee issue. Despite the ups and downs of the peace process the RWG has been able to continue meeting. It attaches importance to dialogue with Palestine refugees and keeping the attention of the international community focused on their situation and needs. The RWG has conducted missions to camps in Jordan, West Bank and Gaza and Lebanon. Canada conducted its own mission to Syria. The RWG has continuously expressed support for UNRWA. Canada has increased its contribution to UNRWA by 50 per cent, bringing its total contribution since Oslo to $100 million. It is additionally contributing $500,000 for hospital care for refugees in Lebanon.

Mr. Robinson said that the parties to the bilateral process will sooner or later turn to the international community for assistance in areas such as financial support, regional engagement and institutional evolution. Neither Canada nor the RWG has a specific plan for a negotiated solution. Canada recognizes the primacy of the bilateral process. Any solution should respect the right and dignity of Palestine refugees and should be consistent with international law. There is considerable room for involvement of NGOs, academics in the refugee issue. Mr. Robinson stated that he looks forward to the participation of Syria and Lebanon in the RWG.

MR. ALEXANDRE ZASSYPKIN, Head of the Middle East Peace Process Desk, Middle East and North Africa Department, Ministry of Foreign Affairs of the Russian Federation, Moscow, stated that the problem of Palestine refugees has its political and humanitarian dimensions which are inseparable.

The Palestine refugee issue is the corner stone of the Middle East peace process. Without an acceptable solution for this problem it will be impossible to reach a comprehensive settlement of the Arab-Israeli conflict. The process itself has had its ups and downs, which is true of all negotiating tracks, including the multilateral one. However, in the region they understand that there is no reasonable alternative to the conclusion of the peace agreements. As a cosponsor of the Middle East peace process, Russia, in collaboration with the American cosponsor, together with direct negotiating parties, European Union, and other parties concerned help to facilitate the creation of a favorable atmosphere around the peace process, the rapprochement of the parties' positions and the search for solutions to the disputed issues. Russia is guided by international law, first of all Security Council resolutions 242 and 338. The parties are dealing with completion of the transitional period on the Palestinian territories and holding negotiations on their final status. The realization of the national rights of the Palestinian people, including their right for self-determination and at the creation of their own state, could help to create a breakthrough towards the Palestinian-Israeli settlement, and would facilitate the solution of all final status issues. A number of features should be taken into account in the course of finding the solution of the refugees` problem: specifics of their present situation, state of the diaspora, expansion of opportunities for absorption through the creation of additional jobs, improvements of the social and economic infrastructure, implementation of development projects, in other words, providing multioptional solutions, most of all acceptable to the Palestinians and other parties involved.

Mr. Zassypkin stated that the multilateral Steering Group meeting held in Moscow in February this year became an important milestone on the way to revival of the multilateral track. The solution of the Palestinian problem, including issues of statehood and refugees, is part of the foundation of the post-crisis Middle East. He drew attention to the idea, introduced by the Minister of Foreign Affairs of Russia, Mr. Ivanov to establish an Organization on security and cooperation in the Middle East that would become an heir of the peace process.

MR. AS'AD ABDUL RAHMAN, Member of the Executive Committee of the Palestine Liberation Organization, Head of the Refugees Department, Ramallah, stated that Palestine refugees comprise 70 per cent of Palestinians. Poverty, harsh conditions and alienation lead to political dynamite. 80 per cent of the refugees still live in the proximity of their homeland, which shows their continuing attachment to their land. A lack of a political settlement with regard to Palestine refugees will destabilize the whole region. Israelis aware of these facts, but the ruling elite takes it lightly and exaggerates the refugee issue with the threat that it will destroy the State of Israel.

There is a separate negotiating mechanism to address the 1967 IDP issue, which is the Quadripartite Working Group. A number of meetings were held showed some progress on the issue. At the bilateral Israeli-Palestinian negotiations on refugees during the first year of the Barak Government nothing was achieved. Israeli negotiators seemed uninterested in serious negotiations and did not even have the authority to do so. The situation began to change after the summit between Mr. Barak and Mr. Clinton. Thanks to US efforts, negotiations began in earnest. There has been an exchange of position papers. Although a wide gap between the sides still remains, this renewed activity at the talks gives some glimmer of home.

CONCLUDING REMARKS OF THE ORGANIZERS
1. The International Conference on Palestine Refugees, held on 26 and 27 April, at UNESCO Headquarters, Paris, was convened by the Committee on the Exercise of the Inalienable Rights of the Palestinian People, the Organization of the Islamic Conference and the League of Arab States to discuss the current situation of Palestine refugees, examine the role of the United Nations in finding a just solution to the refugee issue, analyse the question of Palestine refugees in the context of the current Middle East peace process, and promote concerted political and other action in support of a lasting solution of the Palestine refugee problem in accordance with international legitimacy, as a prerequisite for a comprehensive, just and lasting peace and stability in the Middle East.

2. The Organizers recalled that the question of Palestine refugees - today's longest-running humanitarian problem - remained unresolved. They noted that, on the threshold of the new millennium, more than 3.6 million Palestine refugees, scattered around the Middle East and beyond, continued to live in camps, many away from their homeland, denied their right of return and self-determination, with bleak economic prospects, their freedom of movement restricted, families separated, their hopes and aspirations for the future dependent on the outside world. The Organizers stressed that the social and economic conditions of the refugees remained difficult and required urgent intervention on the part of the international community.

3. The Conference was held against the background of the ongoing Israeli-Palestinian negotiations on permanent status issues. The Organizers welcomed progress made in the recent months by the two sides and called upon the parties to move the peace process forward towards the conclusion of the framework and final settlement agreements. They noted that the plight of Palestine refugees was among the permanent status issues being negotiated by the parties. It was emphasized, in this context, that a just solution to the question of Palestine and a lasting peace in the Middle East could not be achieved without a just and fair solution to the question of Palestine refugees.

4. The Organizers recalled the significance of the multilateral process, launched in 1991 by the Madrid Peace Conference. The multilateral track of negotiations remained an essential part of the peace process. The Refugee Working Group, chaired by Canada since 1992, continues to play a useful supporting role.

5. The deliberations of the Conference demonstrated the strong support of the international community for efforts aimed at finding a solution to the question of Palestine refugees and displaced persons based on key United Nations resolutions, notably General Assembly resolutions 212 (III) of 19 November 1948; 194 (III) of 11 December 1948; 302 (IV) of 8 December 1949; and Security Council resolutions 237 (1967) and 242 (1967). In this connection, the Organizers emphasized the permanent responsibility of the United Nations towards all aspects of the question of Palestine, including the problem of Palestine refugees until it is resolved in conformity with relevant United Nations resolutions and in accordance with international legitimacy.

6. The Organizers reaffirmed that the right of return of Palestine refugees to their homes, as stipulated by General Assembly in its resolution 194 (III) of 11 December 1948, remained a conditio sine qua non for the exercise by the Palestinian people of its inalienable rights to self-determination, national independence and sovereignty. They also stated that the provisions of General Assembly resolution 194 (III) and subsequent relevant United Nations resolutions remained valid and must be taken into full consideration in any final settlement of the question of Palestine. The Organizers were of the view that the United Nations should continue to protect the natural and inalienable right of Palestinians to return to their homes and act as its guarantor, pending a comprehensive, just and lasting settlement of the question of Palestine.

7. The Organizers reaffirmed the inalienable right of the Palestinian people to return to their land and property, abandoned as a result of the 1948 and 1967 hostilities. They considered the issue of refugee compensation to be an integral element of, but not a substitute for, their right of return. The Organizers also took note of the views expressed by the participants with respect to the importance of addressing the problem of compensation for the losses sustained by the refugees since 1948 in an adequate and just manner. In this regard, reference was made to the various compensation schemes that have been put forward over the years. The possibility of engaging international organizations, including the United Nations, on the issue of compensation has also been raised.

8. The Organizers expressed their gratitude for the invaluable assistance provided over decades by the United Nations system to Palestine refugees. They noted, in particular, the critical role played for over 50 years by the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in assisting the refugees through the provision of humanitarian relief and social services. They called upon all Governments, including non-contributing Governments, to contribute to UNRWA's budget regularly in order to meet the anticipated needs of the Agency and intensify support for its activities. The Organizers were of the view that, pending a final settlement, any reduction in the level of financing of UNRWA would inevitably lead to further exacerbation of the living conditions of the refugees. The international community should continue to support the vital activities of UNRWA until the question of Palestine refugees is resolved in accordance with relevant United Nations resolutions and international legitimacy.

9. The Organizers were also grateful to countries, which, for decades, have hosted Palestine refugees and displaced persons - the Hashemite Kingdom of Jordan, Lebanon, the Syrian Arab Republic, the Arab Republic of Egypt and other countries. For decades, they have been providing the much-needed humanitarian assistance and services to millions of refugees and have closely cooperated with UNRWA. It was noted that the provision of assistance by host countries to Palestine refugees for such a protracted period has put additional pressure on their economies. A view was expressed that the idea of absorption of Palestine refugees and displaced persons by host countries was not acceptable from the political, legal or socio-economic standpoints. It was also stressed that efforts at finding a solution to the problem of Palestine refugees should not ignore its political dimension.

10. The Organizers noted with appreciation the role played by the co-sponsors of the peace process, the European Union and the international donor community in creating conditions on the ground conducive to the success of the peace process. The political support and vast economic assistance provided by Members of the European Union and the international donor community to the Palestinian people are key to rehabilitating the Palestinian economy. This is a welcome and tangible contribution to facilitating the transition of Palestinian society to economic independence and statehood.

11. The Organizers welcomed the participation in the Conference of H.E. Mr. Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization and President of the Palestinian Authority. They expressed deep appreciation for his untiring efforts and wise leadership in the quest for a peaceful solution of the question of Palestine, and a comprehensive, just and lasting peace in the Middle East in accordance with international legitimacy.

12. The Organizers expressed gratitude to Mr. Kofi Annan, Secretary-General of the United Nations for his support for the rights of the Palestinian people and for his continuing personal efforts in the search for peace and stability in the Middle East. They stressed the need for further strengthening of cooperation among the United Nations, the Organization of the Islamic Conference and the League of Arab States towards the goal of achieving a comprehensive, just and lasting settlement of the question of Palestine.

13. The Organizers expressed appreciation and gratitude to His Excellency Mr. Koichiro Matsuura, Director-General of UNESCO, for extending assistance in the preparations for the Conference, as well as for making available the conference facilities for this occasion.

UNESCO Headquarters, Paris, 27 April 2000