Throughout history the "right of return" was so universally accepted that it was not codifed until 1215, in Chapter 42 of the Magna Carta: "It shall be lawful in the future for anyone…to leave our kingdom and to return, safe and secure by land and water…."
Following World War II the right of return was further enshrined in international law when in accordance with its Charter, the United Nations adopted In accordance with the UN Charter, the Universal Declaration of Human Rights - Article 13(2) - states: "Everyone has the right to leave any country, including his own, and return to his country." The United Nations adopted The Universal Declaration of Human Rights on 10 December 1948 (Resolution 217 A III), the day before Resolution 194 was passed. By gaining UN membership Israel agreed to abide by the terms of the Universal Declaration of Human Rights and of course, the UN Charter.
I just remembered that I wrote an article on the Right of Return years ago. It can be found here:
http://www.canpalnet-ottawa.
Regards,
Gary
Very informative - well worth a read.
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> http://www.cjpme.org/DisplayDocument.aspx?DocumentID=2306&SaveMode=0
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I would imagine that the "some reasons" "rumours have circulated" that NF doesn't support BDS is that he's spent an extraordinary amount of time attacking it publicly of late. BTW, this is a very strange interview, in which someone from CJPME reads NF lengthy expositions of his alleged position, to which NF agrees, rather than NF explaining his own position, which as a writer and public speaker, one would normally think him capable of doing.
ReplyDeleteThe other reason that "rumours have circulated" that he doesn't support the right of return is that he's on record talking about how "we need to understand israeli demographic concerns," etc. BTW, the "three tiers" NF is so opposed to here are: ending the occupation, the right of return, and equality for Palestinians in '48.
BTW, "2006" is not "before there was a BDS movement." And it is certainly not before the Palestinian movement adopted those 3 demands.
http://mondoweiss.net/2012/02/norman-finkelstein-slams-the-bds-movement-calling-it-a-cult.html
http://www.democracynow.org/2012/6/4/norman_finkelstein_on_the_role_of
And hey, I'd imagine that people don't want to invite speakers to speak who call them cultists and regularly attack both the Palestinian and solidarity movements (It wasn't solidarity activists he was calling cult leaders in his comments, but Palestinians). It doesn't require extraordinary coordination,just an unwillingness to be gratuitously insulted for privileging the voiceof oppressed people above an individual writer.
To be brief: NF's obserations are in in accordance with international law(e.g., the UN Charter, the Universal Declaration of Human Rights and the Fourth Geneva Convention.) They also conform with formal commitments made by the Palestinian leadership, e.g., acceptance of UNSC Res. 242 regarding borders by signing the 1993 Oslo Accords and agreement with the 2002 Arab League Beirut Summit Peace Initiative re UNGA Res. 194 which calls for a "just solution," not the return of all 1947-49 refugees and their
ReplyDeletedescendants. As I understand it, even Hamas has indicated acceptance of these positions subject to a Palestinian referendum and a corridor
connecting the Gaza Strip with the West Bank.
Of course, if the Palestinian leadership decides to renounce Res. 242 and the 2002 Beirut Initiative, everything changes. Thus far, they have
UNGA resolution #194 does not call for the return of all the refugees.
ReplyDeleteThis resolution gives the right to all"refugees who wish to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid forthe property of those choosing not to return…….."
The resolution does not give the authority to political leaders, be they palestinian [be thay PLO or Hamas] or Israeli to annul this right. The Right of Return is an individual personal right not to be negotiated away by any other authority. It is based on the Universal Declaration of Human Rights.
I do agree to the abridged comment...The Right the return passed and agreed upon in the UN some time ago, should be a sacred one and no force can annul it....The international community should assist the Palestinians living in miserable camps to Return to their homes and
ReplyDeletelands...
Thanks to everbody who could show sympathy and strongly help to put that
Resolution into force...
Is it not problematic that we seek to uphold and fulfill a UN
ReplyDeleteresolution for return when it was the UN that legitimated the state of
Israel and our displacement through the partition plan? I am not
international legal expert, but I understand international law and
frameworks to be a lowest common denominator when it comes to human
rights. Are there no alternative frameworks or institutions we can
conceive of or action that have not been so complicit in our initial
and continued dispossession? I would be keen to learn of any.
The right of return is deemed an inalienable human right in the Universal Declaration of Human Rights, the legal basis for Res. 194 (which also calls for financial compensation as an alternative for refugees).
ReplyDeleteThroughout history the "right of return" was so universally accepted that it was not codifed until 1215, in Chapter 42 of the Magna Carta: "It shall be lawful in the future for anyone…to leave our kingdom and to return, safe and secure by land and water…."
Following World War II the right of return was further enshrined in international law when in accordance with its Charter, the United Nations adopted In accordance with the UN Charter, the Universal Declaration of Human Rights - Article 13(2) - states: "Everyone has the right to leave any country, including his own, and return to his country." The United Nations adopted The Universal Declaration of Human Rights on 10 December 1948 (Resolution 217 A III), the day before Resolution 194 was passed. By gaining UN membership Israel agreed to abide by the terms of the Universal Declaration of Human Rights and of course, the UN Charter.
I just remembered that I wrote an article on the Right of Return years ago. It can be found here:
http://www.canpalnet-ottawa.org/Keenan_ROR.html
I think we are ignoring the fact that the balance of power dictated all UN resolutions,and the way they are implemented , I do not believe that the struggle of the Palestinian people, their rights and the right of return should be discussed in an academic frame work or "international law" we may use the international law to enhance our struggle. I believe that the Palestinian people, their leadership, and the solidarity movement should discuss a strategy to change the balance of power which will contribute to achieving the legitimate rights of the Palestinian people. Any solution to the Palestinian question under the current balance of power, is a solution dictated by Israel and it allies.
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