Toespraak Gretta Duisenberg op conferentie in Syrie 23 en 24 november 2008
Reageer (0)It is a right, it must be done
address by
Mrs Gretta Duisenberg
chairperson
at
the International Congregation on the Right of Return
23rd and 24th November 2008
Damascus, Arab Republic of Syria
Please, allow me not to dwell too much on the right of return for the Palestinian refugees, as a concept or a principle. This right is firmly embedded in many instruments of international law. It is universal, it is unalienable, it can not be taken away. There is no expiry date or a limited shelf life. Let us not waste our time and attention on the obvious.
The Palestinian refugees did not become refugees by accident or by fate. Let me quote a United Nations publication of this year, 2008:
quote
The hostilities that accompanied the establishment of the State of Israel in 1948 led to the flight of some 750,000 refugees from Palestine. Most of these refugees fled to the West Bank, then held by Jordon, to the Gaza Strip, held by Egypt, and to Lebanon, Syria, Jordan and even further afield. The Arab-Israeli war of 1967 led to yet another displacement, this time of more than 500,000 Palestinians, nearly half of whom were refugees uprooted for a second time.1
unquote
Palestinians were displaced and dispossessed from their homes, creating the largest refugee population in the world. Today, al-Nakba continues but on a different scale. Israel is perpetuating long- standing policies to forcibly displace a significant amount of the population in the Occupied Palestinian Territory.
Palestinian refugees should be allowed to normalize their lives in their host countries. Human dignity requires this, especially for those whom suffered so much already. Solidarity is rightly advocated and must be a reality. Living normalised lives in host countries does in no way damage their right and desire to return. This right is well established and will never fade away.
Political Zionism - a movement for the development and protection of a Jewish nation in Israel 2 - lies at the heart of these nakbas, these catastrophes. Let me repeat what just one of their leaders said. David Ben-Gurion, the founding father of the state of Israel, way back in 1937, stated:
"We must expel Arabs and take their places." 3
He wrote in his diary on 18th July 1948, assuring his fellow Zionists that Palestinians will never come back to their homes:
"We must do everything to ensure they never do return. […] The old will die and the young will forget." 4
Ben-Gurion and his friends wrote the so-called Plan Dalet. It carefully mapped out Palestinian villages to be destroyed. It was no joke by any means. Hundreds of villages were systematically wiped out, many were killed. Hundreds of thousands tried to save their lives and became refugees. We now have a name for preparing and executing plans to murder and uproot people. It is called genocide. Ben-Gurion and fellow conspirators committed genocide. The state of Israel is established on premeditated murder and theft of land and property. To put it plainly, it is based on war crimes.
Once caught up in a criminal ideology that led to genocide, Israel was unable to rid itself from evil. On the contrary, the leadership had clearly painted itself in a corner. Up to this very day, it continues to cling to murder, theft, suppression, lies and torture.
The right of return for the Palestinian refugees became a real stumbling bloc. The Israeli answer to this challenge is both baffling, pitiful and shameful. Despite overwhelming legal evidence, Israel tries to convince the world that no such thing as the right of return exists. That, of course, was not enough. The regime created a unique legal framework aimed at precluding the return. This, of course, is futile. No serious scholar of international law, no honest court of justice is prepared to acknowledge these Israeli fabrications. International law takes precedence over national legislation, certainly in cases where violations against the most basic human rights are involved. Moreover, when genocide constitutes a war crime under international law, enacting bogus legislation preventing application of basic corrective measured, constitutes a similar war crime.
An Israeli majority, shamefully, holds the view that the leadership of the time acted responsibly and behaved very well. They habitually brand Palestine casualties and material damages as 'peanuts' when compared with other manmade calamities such as the massacres the Russians perpetrated against the Germans at Stalingrad or what was done in Bosnia. The Israeli regime keeps on arguing that Arab leaders urged Palestinians under siege to flee. Even Israeli historians have found no evidence whatsoever to support this claim. The regime wishes to ignore the fact that Jews in Palestine and later on Israelis in their state created the largest population of refugees in the world. Some Israeli scholars - foolishly - argue that these atrocities were necessary to establish the Jewish state. Just a handful among them demonstrate commendable courage, acknowledging that genocide took place, full stop.
Whatever positions Israeli scholars make take, the fact is that the Israeli regime is firmly opposed to Palestinian refugees returning to the land of their ancestry.
All this seems to suggest that the right of return of so many Palestinians is just wishful thinking. Is this the right conclusion? Or should we strike a more positive cord? We should, of course, not be overoptimistic and suggest that large scale relocation will occur any time soon. However, one should never forget to look ahead and analyse how justice can be done. May I ask you to explore the realities and opportunities a bit further.
A more general kind of argument is, that Israel should constantly be challenged to abide to international law. The right of return is a point in case. Some refugees may want to return, even if they have to live in Apartheid Israel. Palestine authorities, supported by the international community, should put maximum pressure on Israel to let them in. All Palestinian fractions should come together in this effort. Political and legal pressure should be applied.
This approach will most probably not open Israeli borders for these refugees. But other gains could be achieved. Firstly, Israel will quite explicitly be exposed as violating international law. Secondly, it will manoeuvre Western leaders into the uncomfortable position to make the choice between wrongly backing the rogue State of Israel on the one hand and defending international law on the other. And, thirdly, the case will provoke the necessary international debate on the true character of the Israeli regime.
A comprehensive approach is also required. What does that mean and what is required?
The first step is to challenge the concept of the 'Jewish state' as a basic principle. The international community should argue forcefully that no such thing as a 'Jewish state' exists. It is an invention without any legal base. The United Nation admitted Israel as a member state. That national entity is composed of Jews, Palestinians, Druses, Bedouins, Christians, and many other groupings. To call this country an exclusive 'Jewish state' equals declaring it an Apartheid state. All minorities are considered second class citizens and, for all legal and practical purposes, treated that way. The so-called 'Jewish state' concept must be buried. Its Apartheid constitutes a crime against humanity. Israel should transform itself into a democracy, now sorely absent. Equal rights and 'one man, one vote' should be Israel's norms and core values.
The second step is to challenge politically and legally the United States of America and the European Union and its member states. They should adhere to proper and vital principles of international law. One is the rejection of the 'Jewish state' as an illegal concept. The other is the univocal acceptance of the right of return of the Palestinian refugees as firmly embedded in civic fairness and legal principles. The US and the EU must understand their responsibility to make the return happen, and happen now.
The Palestinians face a tough job as this unique Apartheid regime in the Middle East receives unwarranted and lavish support from the so-called Western world. Civic society in the West can and will stand with this cause. That, however, is not enough. The Palestinians should be firmly backed by the nations of the Arab League and the economically emerging nations, notably in Asia.
The core argument should be that supporting Apartheid Israel should come at a price. The US and the EU should be made aware that supporting this criminal regime will not be tolerated by the civilized community of states.
The International Court of Justice delivered a devastating blow to Israel and the UN Security Council in its Advisory Opinion 5. The subject matter is existing international law in respect of the illegal wall on Palestinian land and many other core issues of the conflict between Israel and the Palestinians. It was, as you know, issued as recently as on 9th July 2004.
The Court did not express an opinion on the issue of the right of return. It was beyond the scope of the request by the UN General Assembly for its opinion. It is of vital importance that the Court will be asked to, also, deliver a legal opinion on this question I propose as the third step the Arab League member states to propose the General Assembly to request the International Court of Justice to issue an Advisory Opinion on the legality of the right of the Palestinian refugees to return to their homelands.
To return is a right that should have taken place years ago. It should happen to-morrow. We must pay attention to important changes in word wide conditions. Although the Western world lost considerable clout, thanks to President Bush, awareness is mounting that Israel should be forced into less aggressive behaviour and into adhering to the rules and regulations of international law. If and when the European Union would decide to translate these principles into effective political might, Israel would have no option but to comply.
If and when the Arab world and the emerging economic powers, notably in Asia, would join forces, Israel will listen, pay attention to our demands and yield to pressure.
All said and done, making peace and the return of Palestinian refugees actually happening is a matter of combined international action and equal determination.
Is summing up, I see hope and light at the end of the tunnel. I see a real prospect for the refugees to take their keys, kept and treasured for so long, and return home. The ways to make it happen are both political and legal. Both venues should forcefully be followed. The issue is of utmost importance. No Israeli and Western world objections and obstacles shall derail this drive, this surge, towards justice and peace. We must be realistic and prepare for long term perseverance. For the sake of the future of the refugees and in defence of human dignity, let us join hands and make it happen.
May I conclude by addressing the Israeli leadership and the Israeli population. David Ben-Gurion was right in saying that most of the old have died. He was wrong, however, to believe that the young will forget. They will never forget and they will fight for their rights until justice is done.
Israel should take note.
1] The Question of Palestine and the United Nations, United Nations, New York, 2008, p. 97
2] Concise Oxford English Dictionary, 11th edition, 2004, p.1679
3] Ben Gurion and the Palestine Arabs, Oxford University Press, 1985
4] Ben Gurion, quoted in Michael Zohar's Ben-Gurion: the Armed Prophet, Prentice Hall, 1967, p. 157
5] Internationale Court of Justice, Advisory Opinion on 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory'. 8th July 2004
