In spite of the high profile of the Oslo peace negotiations
and the countrys subsequent role, Norway has failed to
focus on the core issue of the conflict. Eva Bjøreng and Steinar
Sørlie report.
The Palestinian
refugees are the worlds oldest and largest refugee population.
Nearly four million Palestinians are UN registered refugees,
and a considerable number of them have lived as refugees for
more than fifty years.
The UN partition
plan for Palestine in November 1947 was followed by fighting
between Jews and Palestinians and already the day after the
British withdrawal from the area in May 1948, a war between
Israel and the Arab neighbour states broke out. 900,000 Palestinians
fled their homes, the majority to Gaza, which at that time belonged
to Egypt, and the West Bank, which was a part of Jordan. 130,000
took refuge in Lebanon, while Syria received nearly 100,000.
Over the past
years, a number of Israeli historians have documented that the
refugees were systematically expelled by military force. Israel
consequently refused to let the refugees return, and levelled
418 Palestinian cities and villages with the ground.
In 1967 Israel
started the Six Day War by launching an air attack on Egypt,
Jordan, Syria and Iraq. Israel occupied East Jerusalem, the
West Bank and Gaza and 1.5 million Arabs, mostly Palestinians,
came under Israeli occupation. More than 300,000 Palestinians
were forced to flee. Israel is still occupying the territories.
Today the Palestinians
are denied the freedom of movement, both within the occupied
territories, and between these and the rest of the state of
Israel. At the same time, Israel has received almost one million
immigrants from the former Soviet Union over the past ten years.
A great number of these immigrants have been encouraged to settle
in the occupied territories. In that way Israel is consolidating
its occupation in violation of international humanitarian law.
About 850,000
Palestinians are living as refugees in Gaza, while 600,000 are
refugees in the West Bank. The living conditions are miserable
in spite of emergency aid from the UN, and about 50 percent
are unemployed. On the West Bank 46 percent of the families
are living below the poverty line, while the figure for Gaza
is 65.
As for Palestinians
in the neighbouring countries, the situation is worst for the
400,000 refugees in Lebanon. More than 50 percent of them are
still living in camps. Hardly any of them have citizenship.
They are denied social benefits, they do not have access to
the Lebanese public health care system, and hardly anyone has
a work permit because the Palestinians are excluded from 72
professions.
The situation
for the 400,000 Palestinian refugees in Syria is better than
in Lebanon, but still none of them has citizenship.
The Palestinians are denied the right to vote and they do not
get Syrian passports. 1,6 million Palestinian refugees are living
in Jordan, where the majority has received citizenship and enjoy
basic civil and political rights.
The international
community has failed the Palestinian refugees. The UN early
on took a particular responsibility for the refugees through
the establishment of two UN bodies, whose task it was to secure
humanitarian assistance to the refugees, the right to return
to their homes and to receive economic compensation for destroyed
property. The refugees are still receiving
humanitarian
assistance. However, with the rest of the world as passive witnesses,
they are denied the right to a lasting solution. Israel denies
any return, and the neighbouring Arab states, with an exception
for Jordan, deny the refugees the right to integration. Despite
the fact that the Palestinian refugees are in a special legal
position since they were forced to flee before the Convention
on Refugees was drafted, their rights are stated in a number
of
other international
instruments. The Universal Declaration of Human Rights states
that everyone has the right to freedom of movement and residence
within the borders of each state, and everyone has the right
to leave any country and to return to his country.
The perhaps
most important legal document for the Palestinian refugees is
the UN resolution 194 of 11th December 1948. This resolution
states that all Palestinian refugees who want to return to their
homes shall receive an economic compensation. The resolution
has been approved by the UN General Assembly more than 100 times
since 1948 and can therefore be interpreted as part of international
customary law.
The Norwegian
Refugee Council and Norwegian Peoples Aid are of the opinion
that the Palestinian refugees right of return is absolute.
All Palestinian refugees have the right to a lasting solution
to their situation, and they have the right to decide for themselves
whether they wish to return to their places of origin. These
rights can not be made the subject of political negotiations
for peace.
Israels
main argument against the return of Palestinian refugees is
that Israel must preserve its Jewish character .
This is reflected in the Israeli Law of Return of
1950, which grants all Jews the right of immigration to and
residence in Israel. Today, Israel is the only state in the
world founded on the idea of ethnic purity, a so-called ethnocracy,
which is a political system that puts one group above all other
groups. Both Norway and the USA and most of the other actors
in the Middle East, are showing an unacceptable double standard
of morality when they silently accept Israels ethnic argument
and disregard the obvious rights of the refugees.
Why did Europe,
USA and NATO put so much prestige in a return of minorities
on the Balkans? Why did NATO go as far as resorting to a military
attack against Yugoslavia to stop the expulsion of Kosovo-Albanians
from Kosovo and secure the refugees` right of return? Why was
there never any doubt that one and a half million Hutus should
return to a very tense, ethnic conflict in Rwanda shortly after
one of the bloodiest genocides in the history.
Norways
role in the Middle East has not contributed to a solution of
the refugee problem perhaps on the contrary. The close
historic ties between the Norwegian and the Israeli Labour Party,
and Fafo Institute for Applied Social Science´s surveys on the
living conditions of the Palestinian population, paved the way
for Norway in a central role as a facilitator for the peace
negotiations in the early nineties.
Norway knew
how difficult the refugee issue was, since neither USA nor Europe
were willing to put pressure on Israel, and gave the issue little
attention out of fear that it would cause the peace negotiations
to break down. Instead the rights of the refugees were used
as a bargaining card: Israel was to withdraw from the occupied
territories and accept the establishment of a Palestinian state
if the Palestinian refugees renounced the right of return to
their places of
origin. Who asked the Palestinian refugees what they
wanted? Who spoke their case? Certainly
not Norway.
In the Norwegian
position paper for the UN General Assembly in the autumn of
2001, the Palestinian refugee problem is reduced to a humanitarian
issue. The only thing said about the Norwegian position is that
UNRWA must secure a proper control over the use of the donor
funds. In his foreign policy statement to the Norwegian Parliament
26 February 2002, Foreign Minister Jan Petersen did not say
a word about the Palestinian refugees.
The Norwegian
Refugee Council and the Norwegian Peoples Aid ask the
Norwegian Government
to use all its power to put the Palestinian refugees on the
agenda. We think its unrealistic to believe in a peaceful
development in the Middle East without a solution to the refugee
problem in accordance with international humanitarian law.
All Palestinian
refugees must have the right to choose whether they wish to
return, and if so, Israel must be pressured to allow this. If
they wish to remain in their country of exile, the international
community must put pressure on these countries so that they
grant the refugees their basic human rights.
Eva Bjøreng is Secretary General of Norwegian People´s
Aid and Steinar Sørlie,
Secretary General in the Norwegian Refugee Council.
Published in Norwegian in the Norwegian daily Aftenposten on June 12, 2002.