
Who shall push who into the sea? Haifa's Palestinians are being loading onto ships out of their homes, April 1948
This legal set-up happens to be very convenient for the return of the refugees. There shall be no occasion for thousands of court cases, which would have been the case had the dispute been between Jewish and Palestinian individual owners. A single agreement with the Development Authority, and its employer, the Custodian for the Absentee Property for the restoration of the property would be sufficient. The expiry date of lease terms in 1998 should be a convenient date for this agreement.
Apart from the ample documentation of Palestinian property already mentioned, ILA has a wealth of information about such property, which enables it to administer the smallest plot of land. In order to protect the refugees' rights, it is suggested to form a Palestine Land Society (Abu-Sitta 1998). The PLS functions shall be:
- to represent property rights of the Palestinians everywhere including
those in Israel. - to document, recover, protect, maintain and develop Palestinian
land. - PLS acts as custodian for all Palestinian property until the individual owners are identified and handed over their property. No
land is handed over to a non-Palestinian. - PLS is non-political and cooperates with PLO, PNA, UN and various governments and bodies.
- PLS general assembly has 1,500 elected members representing about 500 depopulated villages and towns.
- PLS term is indefinite.
Formation of the PLS is absolutely necessary. Already, the Jews have the Jewish National Fund {1906), WOJAC
(1977) for Jewish
property in Arab countries and WJRO {1992) which retrieved Jewish property and assets from Europe.
The return of the refugees should be collectively arranged in units of villages, much the same way as their expulsion. A typical village
consists of 4-5 large families. Remarkably, they still maintain their cohesion intact. The village lands may be handed over to
PLS, representing the villagers, who own shares in this society, pending the resolution of the final value of these shares, representing the
individual property, which may take some time.
UNRWA shall continue to function, not to be disbanded or turned over to another party, until all refugees return, at which time, it shall
turn into a development organization, under UNDP, to assist the returning refugees into sorting out their shattered lives.
The whole return operation should be conducted under the auspices of the UN Conciliation Commission of Palestine. CCP shall be the
Custodian for the refugees rights and shall ensure their welfare and safety after return.
The refugees do not consider the sovereignty of the state of Israel, in itself, a problem in
realizing their Right of Return. They are
however entitled to retain their Palestinian Identity, regardless of any acquired citizenship, including Israeli, at present or in the future. The
Palestinian Identity is their inalienable birthright, and must not be denied by Israel. In all other respects, they should have all the usual
rights of a citizen in any democratic state.
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