The Palestine Papers
Joint Document on Refugees for Annapolis (#3)
This is a draft of a pre-Annapolis agreement which lays out the Israeli and Palestinian positions on refugees.
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Joint provision document (Is & Ps) on refugees 2

Preamble

[P: Israel acknowledges its moral and legal responsibility for the longstanding displacement and dispossession of the Palestinian civilian population as a result of Israeli action during and following the conflict of 1948.]

[I: Recognizing with sorrow, the suffering and loss endured by individuals, families and communities on both sides, including refugees, as a result of the conflict between them]

  1.  The Parties commit to a comprehensive, just and agreed resolution of the refugee issue in accordance with [P: international law and the Arab Peace Initiative] [I: the vision of the two States for two people], as agreed in this Article.

  1.   Palestinian refugees [I: shall be entitled to Palestinian citizenship and] shall be provided with [P: repatriation], resettlement and integration options, including:

  •  [P: return to Israel ? to be implemented in accordance with an agreed annual quota and within an agreed period of time (renewable on the basis of both parties? consent);]
  •  return/resettlement to Palestine, [I: as homeland of the Palestinian people, in accordance with Palestinian law] at the sole discretion of the Palestinian State;
  •  resettlement/integration in consenting third countries and host States.

  1.  Palestinian refugees shall be granted [P: restitution and full] compensation [I: in respect of claims arising out of the refugee issue] [P: for the material and non-material damages they have suffered, including loss of livelihood and opportunities and human suffering, as a result of their protracted displacement.]

6.4. [P: States that have hosted Palestinian refugees shall be entitled for remuneration.]

6.5. In order to enable a comprehensive, just and effective settlement of the Palestinian refugee issue, [P: an international mechanism shall be established, with the participation of Palestine, Israel, the host countries and other necessary and willing countries and entities.] [I: the parties have agreed to invite the United States, in coordination with them, to establish and lead an international mechanism] to implement all aspects of the agreed solution to the refugee issue as set in this Article, bringing an end to the Palestinian refugee status [I: and enabling the phased termination of UNRWA] [P: and enabling a phased and properly managed and controlled termination of UNRWA].

6.6. [P: The comprehensive mission of the international mechanism will include:

a) the refugee repatriation, resettlement and integration process]: the international mechanism shall notably assist in coordinating the orderly and secure [P: repatriation], resettlement and integration of Palestinian refugees. As part of its comprehensive mission, the international mechanism shall also provide rehabilitation assistance to Palestinian refugees and to relevant States in order to facilitate refugees? economic and social integration and development.

b) [P: the management of refugee claims for restitution and compensation]: All claims for [P:  restitution and] compensation arising out of the refugee issue shall be resolved in accordance with procedure, criteria and time-limits determined by the international mechanism.  [P: In order to enable the proper and effective resolution of the claims filed before the international mechanism, both parties commit to make available all necessary records in their possession, including the Israeli Custodian of Absentee Property?s.].

6.7.In furtherance of the above, an international fund shall be established to enable [P: the funding of the restitution and compensation claims process and the process of repatriation, resettlement, integration and rehabilitation of the refugees] [I: the international mechanism to fulfill its mission]. Israel commits [P: to contribute financially to the fund as necessary to cover restitution and compensation claims as agreed in the Treaty] [I: to make a fixed financial contribution to the fund], together with contributions from international stakeholders.

6.8.The Parties call on the international community to assist in the resolution of the refugee issue, in accordance with this Article, through their [P: participation in] [I: support for] the international mechanism and through financial contributions to the international fund.

6.9 The international mechanism shall constitute the exclusive forum for dealing with Palestinian refugee claims.

7.0.Israel and Palestine shall have no further commitment or obligation arising from the refugee issue beyond those specified in the Treaty.