The Palestine Papers
Joint Document on Refugees for Annapolis (#2)
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 n. 2

  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.  

[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: Propose preambular paragraph: 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.  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);]
  •  Resettlement in the Palestinian State, [I: as homeland of the Palestinian people, in accordance with Palestinian law] at the sole discretion of the Palestinian State;
  •  Integration in consenting host States; and
  •  Resettlement in third 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.]

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

6.6.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 stakeholder 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 out in this Article, bringing an end to the Palestinian refugee status [I: and enabling the phased termination of UNRWA] [P: and enabling a phased termination of UNRWA in parallel to the implementation of the Treaty and in coordination with the international mechanism to be established under Article 6.7].

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

a) a refugee repatriation/resettlement/integration program]: 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 program for refugee claims for restitution/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 records.].

6.8.In furtherance of the above, an international fund shall be established [P: to finance:

  •  the repatriation/resettlement/integration and rehabilitation program, and
  •  the restitution/compensation (“claims”) program.]

[I: to enable 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.

6.9.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.

6.10.The international mechanism shall constitute the exclusive forum for dealing with Palestinian refugee claims [P: as agreed in the Article].

6.11.Israel and Palestine shall have no further commitment or obligation arising from the refugee issue beyond those specified in the [P: Treaty] [I: Article].