Doc. 8042

23 March 1998

Palestine refugee situation in the context of the Middle East Peace Process

Report

Committee on Migration, Refugees and Demography

Rapporteur: Mr David Atkinson, United Kingdom, European Democratic Group

Summary

      As a result of the Arab-Israeli War of 1948 and subsequent events in the region, there are some 3.4 million Palestine refugees registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which caters for their essential needs. Under the 1993 Israeli-Palestinian Declaration of Principles (“Oslo Agreement”), the Palestine refugee situation is one of the “permanent status” issues on which negotiations were due to begin in May 1996 and to be completed by May 1999. However, little progress has been made, and the present report, based on the Rapporteur’s visit to the Middle East in September 1997, sets out the options available to the refugees as well as certain principles which need to be recognised by the parties in order to take forward the negotiations on this issue. The most important of these is the establishment of a Palestinian State which would give some of the refugees the option to exercise their “right of return”. Pending the successful conclusion of these negotiations a new Fund – the “Palestine Refugee and Displaced Persons Final Status Fund” – should be set up and generously endowed to finance any resettlement. Moreover, UNRWA’s mandate and services must be maintained until such time as alternative provision is made.

I.       Draft resolution

1.       The Parliamentary Assembly notes that under the Israeli/Palestine Liberation Organisation (PLO) Agreement of 13 September 1993 the matter of refugees is one of the "permanent status" issues for negotiation to be completed by May 1999.

2.       The Assembly deplores the lack of progress regarding these negotiations and welcomes the renewal of talks following the visit of the Secretary of State of the United States of America to the region in September 1997. The Assembly also emphasises the role of Europe in accelerating the peace process.

3.       The Assembly accepts that United Nations General Assembly Resolution 194 (1948) refers to the right of return for all refugees to their homes and compensation for those choosing not to do so, but that after fifty years this will be politically and practically difficult to achieve.

4.       The Assembly also accepts that the present situation of the 3.4 million refugees registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in the host countries, of whom over a million live in camps, must be resolved by resettlement to permanent accommodation, not only for humanitarian reasons but also as an essential step towards ending a major source of insecurity and tension in the region.

5.       The Assembly believes that this will not be possible without the establishment of a viable Palestinian State which can provide the refugees with citizenship and internationally recognised passports.

6.       Once this is achieved, the Assembly considers that the refugees can be offered a choice of options for a durable solution to be agreed between Israel and the Palestinian Authority (PA) and with the other countries concerned.

7.       These options are:

i.       to resettle in the new Palestinian State;

ii.       to remain in the host countries with rights to property and jobs and possible citizenship;

iii.       to resettle in other countries outside the region;

iv.       to return to the Gulf states where applicable;

v.       to return to Israel.

8.       The Assembly considers that the services of UNRWA must be fully maintained until a permanent solution is achieved and that the cost of resettlement must be additional to existing funding of UNRWA to ensure a seamless transfer of its services to the governments concerned.

9.       The Assembly considers that a new fund should now be established by the United Nations to finance the forthcoming cost of resettlement: the "Palestine Refugee and Displaced Persons Final Status Fund" (the "Fund").

10.       Accordingly, the Assembly:

i.       calls on the United Nations to alert member states to prepare their budgets for donations to the Fund, and to approach especially those countries which do not generously donate to UNRWA, with a view to their donating generously to the new Fund;

ii.       urges Israel to enable the Rafah-Canada Camp repatriation project to proceed to completion as soon as possible;

iii.       urges the parties involved with the commissioning of the new Gaza Hospital to agree on its future financing so as to ensure that it opens without any further delay;

iv.       calls on Lebanon to emulate other host countries in the provision of services to the Palestine refugees in addition to those provided by UNRWA;

v.       invites the Palestinian Council to strengthen its cooperation with the Assembly, in particular by encouraging its members to attend meetings organised by the relevant Assembly committees, in accordance with Resolution 1013 (1993).

11.       The Assembly notes the concern of many parties that there has been a lack of political and academic study of the refugee problem, and urges member states to encourage and commission such vital work.

II.       Explanatory Memorandum by Mr Atkinson

Contents

1.       Introduction       5

2.       Background       6

3.       Lebanon       6

4.       Syria       7

5.       Jordan       8

6.       West Bank        8

7.       The Gaza Strip (PA)       9

8.       Israel       10

9.       Conclusions       10

Appendix I:        Rapporteur's visit       13

Appendix II:        Maps       16

Appendix III:        UN General Assembly Resolution 194 (1948) and UN Security

1.       Introduction

1.       The Committee on Migration, Refugees and Demography has produced a number of reports on the situation of the Palestine Refugees, the last two being Doc 5936 resulting in Recommendation 1090 adopted by the Assembly on 7 October 1988, and Doc 6402 resulting in Recommendation 1152 adopted on 25 April 1991. All called for a just and lasting political solution to the Arab-Israeli conflict and the refugee problem.

2.       Two subsequent reports (Docs. 6916 and 7700) were presented by the Political Affairs Committee, resulting in the adoption respectively of Resolution 1013 (1993) on the peace process in the Middle East and Resolution 1103 (1996) on the situation in the Middle East: the Israeli-Palestinian peace process.

3.        Under the Middle East Peace Process, the Israeli-Palestinian Declaration of Principles worked out in Oslo and signed in Washington in September 1993 provides for discussions on the resolution of the refugee issue to take place once the interim period of Palestinian Self-Government has started.

4.       It stipulates the establishment of a quadrilateral committee comprising Israel, the Palestine Liberation Organisation (PLO), Egypt and Jordan to decide "the modalities of admission of persons displaced from the West Bank and Gaza Strip in 1967". The issue of the 1948 refugees would form part of the final ("permanent") status negotiations.

5.       Under the Oslo timetable "permanent status" negotiations were due to start in May 1996. The prospects and opportunities for such negotiations have been effectively halted by an escalation of violence both before and after the Israeli election of May 1996, and the subsequent deterioration in relations between Israel and the Palestinian Authority (PA).

6.       Following the visit of the US Secretary of State to the region in September 1997, talks between Israel and the PA have resumed. Under the Oslo Agreement, permanent status issues have to be agreed by May 1999; whilst the current mandate for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) ends on 30 June 1999.

7.       Thus, the Committee on Migration, Refugees and Demography confirmed its approval for its Rapporteur to undertake a new fact-finding visit to the region following his visits in 1988 and 1991. The principal aim of this report is to establish the views of refugees and of the host countries regarding the options for resolving the refugee situation as a "permanent status issue".

8.       This visit to Lebanon, Syria, Jordan, the West Bank and Gaza including the PA, and Israel took place on 8-18 September 1997. Due to the decision by the Bureau not to authorise the visit, it was paid for by the London-based Palestine Return Centre, and INTERPAL, the Palestinian Relief and Development Fund.

9.       Your Rapporteur anticipates that his conclusions and recommendations will be considered as part of the Council of Europe's contribution to the Peace Process. He wishes to record his appreciation of the assistance of Mr Andrew Hull in preparing this report.

2.       Background

10.       According to the United Nations’ figures, the 1948 Arab-Israeli conflict displaced 726 000 Palestinians, who left Israel for Arab countries, whilst several hundred thousand Jews fled to Israel. UN General Assembly Resolution 194 (1948) declared that the Palestinian refugees should be allowed to return or be paid compensation. Subsequently, UN Security Council Resolutions 242 (1967), which was supported by Israel, and 338 (1973), affirmed the necessity of a just settlement of the refugee problem.

11.       In December 1949 UNRWA's mandate to provide emergency assistance to the displaced Palestinians was adopted by the UN General Assembly and has been renewed repeatedly pending a solution to the Palestinian question. The seventeenth mandate was extended to 30 June 1999 in 1996.

12.       UNRWA provides education, health, relief and social services to those living in Jordan, Lebanon, Syria, the West Bank and the Gaza strip. It is funded largely by voluntary contributions from governments.

13.       Over the years UNRWA's resources have not kept pace with the rise in the refugee population and the demand for its services. Since 1991 the incomes of the refugee families have declined dramatically due to the effect of the "intifada", the expulsion of Palestinians from the Gulf, the end of PLO services, and Israeli closures of the West Bank and Gaza.

14.       The Oslo Agreement of 1993 encouraged a surge of registrations by refugees, increasing the total from 2.3m to 3.4m. Since then UNRWA has experienced an annual deficit which has resulted in the introduction of austerity measures including a freeze on salaries. Much of this has been due to a shift in donor contributions towards the PA, as well as donor "fatigue". The appreciation of the dollar has contributed to a further decline in resources.

15.       In mid 1997 UNRWA faced an immediate $20m deficit out of a shortfall of $70m in its budget of $320m. Its Commissioner General, Mr Peter Hansen, predicted "bankruptcy in December and an inability to pay salaries or provide services". Emergency measures including the levying of tuition and hospital fees were announced. This crisis has been partially averted following pledges made at a donors conference in Amman on 9 September 1997.

16. UNRWA's headquarters were established in Beirut in 1950. Following the outbreak of civil war in 1975 they were moved to Cyprus before returning. Further hostilities necessitated a move to Vienna. Following the Oslo Agreement, UNRWA's education, health and social services departments, information systems, supply and audit offices moved to Amman, whilst the Commissioner General, and offices for administration, public information and external relations moved to Gaza.

3.       Lebanon

17.       Lebanon has a Palestinian refugee population of 356,000, representing 11.53% of the country's total population and 10% of all refugees registered with UNRWA. 194,000 live in 12 of the original 17 camps which survived the war, with 162,000 living outside the camps. Most come from Galilee or Israel's coastal cities. They face extreme hardship, being excluded from all Lebanese public services and most salaried jobs. Thus they are uniquely dependent on the camps and the services provided. No new camps, nor expansion of existing ones are allowed. The reconstruction of Beirut is threatening Chatila, Ain Hilweh and Bourg Barajneh camps. The Lebanese Government regards the departure of the Palestinian refugees as essential to its long term stability, which is, itself, essential to the Peace Process.

18.       The Rapporteur's meetings with leaders in two camps soon established their demands and hopes under the Oslo Accords: to return to their homes or areas of origin in Israel: their 'right to return' under UN resolutions which Israel 'should be forced to accept'. Resettlement to the PA or to a foreign country, or integration into the host country were not acceptable options and any enforced solutions would be fiercely resisted. There was little confidence in the UN, the Accords or in Mr Arafat whose negotiating team excluded refugees.

19. However, options put forward in other discussions with other refugees and UNRWA staff were:

–       Lebanon to accept some Palestinians remaining as foreigners but with rights to stay.

–       The international community to accept agreed quotas of refugees over a period, say, five years. Canada, Australia and some European countries are understood to be responsive to this.

–       Syria to accept the absorption of Lebanese Palestinians.

–       The Gulf States to reopen their doors to Palestinians.

4.       Syria

20.       The Syrian Arab Republic has a refugee population of 352,000, representing 2.4% of the country's total population and 11% of all refugees registered with UNRWA. 102,500 live in ten camps, the remaining 25,000 outside. Most of the refugees came from northern Israel in 1948.

21.       There is a far greater degree of integration of the Palestinians in Syria than is allowed in Lebanon, although hostility towards the PLO remains. Refugees can work locally and enjoy rights and educational opportunities equal to Syrian citizens except the right to vote, but cannot own land or property except their own home. They cannot obtain Syrian passports but can obtain a travel document and are issued with UNRWA identity cards.

22.       The official position of the Syrian government, which is not a party to the Oslo Agreement, is that any solution that does not provide for the implementation of UN resolution 194 will not result in permanent peace. Jews who fled from Syria are "welcome" to return. However, there is every indication that, once the outcome of the peace process is known, Syria would offer the refugees the opportunity to acquire citizenship, perhaps after a period of residency.

23.       Discussions with the refugees demonstrated a more positive and realistic approach to their future than those in Lebanon, whilst insisting on the "right to return":

–       many were prepared to remain in Syria provided they obtained a passport to enable them to travel and seek work abroad;

–       many refugees would consider re-settlement with compensation in the future Palestinian State provided there were prospects.

5.       Jordan

24.       Jordan has a Palestine refugee population of 1.4m, representing 33% of the country's total population and 41% of all refugees registered with UNWRA. 262,000 live in the camps, the remaining 1,130,000 outside. These include 140,000 refugees who were displaced in 1948 and who were subsequently displaced from the West Bank in 1967.

25.       Since King Hussein abandoned Jordan's claim to the West Bank in 1988, Palestinians have experienced decreasing discrimination against them in Jordan, whose economy has become reliant upon them although an uneasy balance with his Bedouin supporters over job opportunities is maintained.

26.       Jordan's policy is to allow the refugees to remain without abandoning their right to return, and to insist that UNRWA continues to provide services which are supplemented by the government. It cannot accept any more refugees. Those from the West Bank are entitled to Jordanian citizenship with the same rights as Jordanians: indeed some have become MPs and Ministers.

27.       Discussions with refugee leaders in the camps revealed now familiar insistence on the right of return to Israel, without compensation if necessary, and refusal ever to abandon this. However, their more pragmatic options were:

–       resettlement to a Palestinian State whilst retaining the hope to return to the original home, and provided there were prospects;

–       emigration to Arab states such as the United Arab Emirates, Quatar, Barhein, Saudi Arabia and Brunei were proposed by some UNRWA officials as possible options.

All insisted that UNRWA be maintained instead of its services being transferred to the Government, and there is a belief that the shortfall in UNRWA funding is a deliberate policy by donors to enforce a settlement and its winding up.

6.       West Bank

28.       The West Bank has a Palestinian refugee population of 538,000, representing 34% of the total population and 16% of all refugees registered with UNRWA. 142,000 live in 19 camps, the remaining 396,000 in villages outside. UNRWA's services are supplemented by Hamas and Islamic Jihad.

29.       The official policy of the Palestinian Authority is to insist on the right to return to Israel or compensation if they choose not to return, for which Israel should be responsible, assisted by the international community.

30.       The PA Department of Refugee Affairs anticipates that the establishment of a PA absorption department, like the Jewish Agency, will be necessary to handle the return of refugees.

31.       There is evidence that the PA would compromise its position if Israel does the same. In any case, the PA:

–       expects Israel to allow:

–       expects the remaining refugees to stay abroad in host or other Arab countries;

–       expects other countries like Canada and Sweden to offer to take refugees in a final settlement;

–       insists that UNRWA maintain its services until a final settlement.

7.       The Gaza Strip (PA)

32.       The Gaza Strip has a refugee population of 732,000, representing 76% of the total population and 22% of all the refugees registered with UNRWA. 404 000 live in 8 camps, the remaining 328 000 outside. Many originate from homes just a few miles away in Israel. Before 1993 one third of its labour force worked in Israel. Today, unemployment is 60%.

33.       The Gaza Strip is one of the most densely populated areas in the world. Clearly any solution must anticipate its depopulation even with the construction of high rise residential accommodation and must be allowed by a freedom of movement in response to economic forces. Whilst maintaining their right to return ("our keys and deeds are kept for the day we return") there was greater evidence in the Gaza Strip that the refugees expected to remain in the new Palestinian state.

34.       The newly built European Union-financed 232-bed Gaza Hospital, near Gaza City, was ready for commissioning in March 1997 but has remained closed because of a failure to agree on responsibility for the running costs ($12 million annually) between the EU, the PA and donor countries.

35.       Another outstanding humanitarian issue relates to the Rafah-Canada Camp repatriation project: a plan agreed between Egypt and Israel in 1989 to relocate 363 refugee households from Syria to the Gaza Strip. Political, technical and financial obstacles delayed implementation but in January 1996 an agreement with Israel permitted the return of 80 families. Further delays have resulted in 28 heads of households being able to enter Gaza to date. Only a gesture of good will from the Israeli side will enable this long delayed project to proceed.

8.       Israel

36.       Israel's approach to resolving the refugee issue is based on an understanding that some 650,000 Arabs left Israel in 1948 and are now settled in Jordan, Syria and Lebanon; whilst a similar number of Jews left their homes in Arab states and now live in Israel.

37.       Israel will support attempts to compensate or resettle Palestinian refugees and will seek compensation for Jewish refugees who lost their property and homes. The demand for the "right to return" of Palestinians is rejected by all mainstream Israeli parties. Such an event would lead to the demographic destruction of the Jewish State. Final decisions are for Israel and the Palestinians to agree.

38.       Discussions with Israeli Members of the Knesset and Department of Foreign Affairs officials led to a number of options for the resettlement of the refugees:

–       limited return to the territory administered by the PA; but the majority of refugees to be integrated in host countries with the support of the international community;

–       allow for reunification of families to Israel, as already provided for under existing agreement;

–       Israel might accept a symbolic quota of refugees as a compromise in a settlement.

9.       Conclusions

39.       The Oslo Agreement provides for a negotiated solution to the Palestine refugee situation which was originally caused by the Israeli-Arab War following the UN recognition of the Jewish State of Israel in 1948. Since then the number of refugees registered with UNRWA has risen from 914,221 in 1950/51 to 3,368,000 in December 1996.

40.       The refugee issue is one of the "permanent status" issues on which negotiations were due to commence in May 1996, to be completed by May 1999. UNRWA's current mandate ends on 30 June 1999. Whilst a number of multilateral and bilateral mechanisms have been established to support these negotiations, little progress has been made for nearly two years. US Secretary of State Mrs Madeleine Albright's visit to the region in September 1997 has led to a renewal of talks between Israel and the PA.

41.       Clearly any practical resolution of the refugee issue requires the establishment of a Palestinian State as their 'country', whether or not they choose to or are allowed to resettle in it. This remains entirely in the gift of Israel. For as long as there is no viable Palestinian authority, whether self-governing or sovereign, there can be little encouragement for Palestinians to abandon their refugee status and situation. Yet, if Israel really wants a secure future in co-operation with its neighbours there is no alternative but to assist in the establishment of a viable Palestinian State.

42.       Of course it would be impossible for such a Palestinian State incorporating the West Bank and Gaza Strip to absorb all 3.4 million refugees registered with UNRWA plus those which are not. This would mean a total population of about 4.6 million in an area of approximately 6000 m2: a ratio of nearly 800 per km2. The current ratio for the Gaza Strip, at approximately 2800 per km2, is deemed as unacceptably over-populated. So any realistic solution for the refugees will lie in a number of options if the camps are to be closed and UNRWA's mandate ended.

43.       Yet, the vast majority of the refugees remain adamant in demanding their "right to return", by which they mean the return to their original homes in Israel from which they fled in 1948 and which is encouraged by successive UN resolutions. Israel is equally adamant in refusing that demand. Such a return would, in any case, be almost unrealistically impossible to achieve in practice after 50 years.

44.       During the course of the Rapporteur's visit a number of options to end the status of the refugees became apparent as a basis of choices to put to the refugees according to their location and situation, subject, of course, to negotiation between Israel and the PA and with the other governments concerned.

45.       These are:

a)       To resettle in the new Palestinian State.

b)       To remain in the host country as Palestinian passport holders with rights to property and employment but short of citizenship.

c)       To obtain the citizenship of the host country where available.

d)       To resettle in other countries outside the region in response to their offers of quotas.

e)       To return to the Gulf States where applicable.

f)       To return to Israel in response to its acceptance of a quota and for humanitarian reunification of families.

46.       In stating these options, your Rapporteur is in no doubt that he is stating the obvious. He believes they represent the practical alternatives that arose from his discussions, which the parties concerned should address with goodwill. He goes no further in recommending indications of the numbers that could be involved with each option. That is for the negotiations to determine in response to proposals from UNRWA and other agencies.

47.       Until an agreement is reached, it is clear that the need for UNRWA's services in the 59 camps will remain paramount. This is especially the case in Lebanon whose government provides no additional services to the refugees, and in the Gaza Strip due to its overcrowding and lack of employment.

48.       There can be no question of terminating UNRWA, or of running down its services until an equal level of government services are in place to ensure a seamless transition of provision to the resettled refugees. Clearly the transfer of services will coincide with the process of resettlement of the refugees and the closing down of the camps, all of which is likely to take several years to implement.

49.       This process will undoubtedly be an administrative nightmare both in the organisation of the resettlement of the refugees and the provision of services. It will require the closest co-operation between UNRWA or its UN appointed successor and the governments concerned.

50.       It will also be costly. Existing funding for UNRWA will need to be maintained to ensure continuity of services whilst the cost of resettlement and absorption will require the establishment of a new fund - which the Rapporteur will term the Palestine Refugee and Displaced Persons Final Status Fund (the "Fund").

51.       Depending on the progress of the negotiations, in due course, donor governments will be asked for contributions to the Fund, at a separate pledging conference, in addition to their contributions to UNRWA. They should be preparing for this eventuality now in their own budgets. Europe (45%), the USA and Japan continue to be generous donors to UNRWA. Arab countries, which are not (5%), should now be approached to prepare their contributions to the Fund.

52.       However it is clear that there is currently a vast lack of information and practical appreciation of the options that will, inevitably, be part of a final agreement. Were the permanent status issues to be addressed before the interim negotiations have been resolved, as suggested by Israel, those responsible for carrying out decisions at the operational level would not be ready to assist in the negotiations designed to produce agreement.

53.       Thus, your Rapporteur calls for early political and academic studies of the refugee problem and issues, with member States encouraging and commissioning this vital work, such as on the seamless transfer of services from UNRWA to the new providers, the cost implications, and different regimes for compensation.

54.       Finally, it is important for the ties between the Parliamentary Assembly and the Palestinian Council to be further strengthened, as recommended in previous Assembly texts. Members of the Palestinian Council should be encouraged to attend meetings organised by the relevant Assembly Committees, preparing the way for possible Observer Status for the Palestinian Council at a later stage.

APPENDIX I

Rapporteur's visit

Tuesday 9th September 1997

01:59        Arrive Beirut.

11:30       Meeting with British Ambassador, Mr David Maclennan.

12:00       Meeting with Dr Zafer El Hassan, Secretary General, Ministry of Foreign Affairs.

13:00       Lunch given by British Ambassador, with Mr Lionel Brisson (Director, UNRWA), Mr Samir Azar MP (Maronite), Dr Michel Moussa MP (Greek Catholic, & Head of Human Rights Committee, and Ambassador Suheil Shammas, Ex-Secretary General at Ministry for Foreign Affairs.

15:00       Meeting with Mr Lionel Brisson, Director of UNRWA, Lebanon.

16:00       Meeting at Burj el-Barajneh Refugee Camp, with refugee representatives.

17:30       Visit to Haifa Hospital.

Wednesday 10th September 1997

11:00       Visit to Wavell Camp, near Baalbek.

12:00       Meeting with Popular Committee of Wavell Camp.

13:15       Arrive Lebanese/Syria border. Transfer vehicles.

19:00       Briefing by Mr Paul Whiteway, Charge D’Affaires, and Mr James Watson, First Secretary.

Thursday 11th September 1997

09:00       Briefing with Mr David Spencer, Officer in Charge, UNRWA.

10:00       Visit to Jaramana Camp.

11:00       Visit to Al-Hussaynieh Health Centre, and Ijzem School.

12:15       Meeting with Mr Abu Zarad, Director-General of the General Authority for Palestinian Arab Refugees.

13:00       Meeting with Mr Adnan Omran, Deputy Minister for Foreign Affairs.

16:00       Mr Ali Khalil, Minister of Labour and Social Affairs.

Friday 12th September 1997

11:00       Met by Mr Matar Saqar, UNRWA, at Syria/Jordan border.

Saturday 13th September 1997

08:00       Breakfast briefing at Embassy residence by Mr Simon Collis, Deputy Head of Mission, and Mr Charles Heatly, Second Secretary.

09:20       Briefing by Mr Samir Ghawi, Department of Palestinian Affairs, Ministry of Foreign Affairs.

09:50       Meeting at Beqa’a Camp with Camp Improvement Committee, accompanied by Mr Samir Ghawi.

12:00       Meeting at Souf Camp, near Jerash, with Camp Improvement Committee.

15:00       Meeting with Mr Samir Oumeish, Ministry of Trade.

16:00       Meeting with Mr Usama Al-Khalidi, President of the Higher Council for Science and Technology.

Sunday 14th September 1997

09:00       Meeting with Mr Lofberg, UNRWA Field Director for Jordan.

10:00       Meeting with Dr Touq, Director of Education, UNRWA.

10:30       Meeting with Jean Rousselot, Deputy Director, Relief and Social Services, UNRWA.

11:30       Meeting with HRH Crown Prince El Hassan.

13:00       Meeting with Mr Abdul Kareem Abu Hayja, Deputy Director-General, Palestinian Affairs Department.

14:30       Lunch with Mr Youssef Hiasset, Director-General of Housing and Urban Development Corporation.

18:30       Drinks with HM Ambassador, Mr Christopher Battiscombe.

Monday 15th September 1997

09:00       Arrive at King Hussein/Allenby Bridge. Met by Ms Mary Pring, British Vice Consul.

10:00       Visit to Aqbat Jabr Camp.

11:30       Meeting with Mr Asad Abdel Rahman, Head of Department of Refugee Affairs, PA, in Ramallah.

12:30       Meeting with Legislative Council Members; Mr Jamal Shati, Chairman of the Legislative Council’s Refugee Affairs & Palestinians Abroad Committee, Mr Abed Rabo Abu Aoun, Mr Kamel Al-Afghani.

14:00       Visit to Jalozen and Ari refugee camps, Ramallah.

16:00       Depart for Gaza.

Tuesday 16th September 1997

08:00       Meeting with Mr David Mitchells and Mr Lex Takenberg, UNRWA Legal Affairs, Gaza.

09:00       Meetings with senior Palestinian Staff, UNRWA.

10:00       Meeting with Mr Peter Hansen, Commissioner General, UNRWA.

11:00       Visit to Rafah Camp.

15:00       Meeting with Legislative Council Members, Gaza.

16:30       Transfer transport at Erez Checkpoint.

19:30       Dinner hosted by Mr Richard Dalton, British Consul General, with Mr Richard Cook, Director of UNRWA Operations in West Bank, Mr Sami Mshasha, UNRWA Press Relations Officer, Mr Salim Tamari, Director of Institute of Jerusalem Studies, Mr Greg Shapland, Foreign and Commonwealth Office (FCO) Research Department, Ms Susannah Pickering, Deputy Director of the British Council, and Mr Fred Scutt, Consular Development Officer.

Wednesday 17th September 1997

10:30        Meeting with Mr Eliezer (Modi) Sandberg (Tsomet Party) and Mr Ran Cohen (Meretz), Members of the Knesset.

11:30        Meeting with Mr Ram Aviram, Coordinator for the Multi-lateral Working Groups, Ministry of Foreign Affairs.

14:30        Meeting with Mr David Hacham, Deputy Coordinator of Israeli Defence Forces (IDF) activities in the Territories.

15:30        Meeting with Mr Daniel Taub, Legal Division, Ministry of Foreign Affairs.

Thursday 18th September 1997

12:00        Lunch at HM Ambassador's Residence.

15:10        Depart Tel Aviv.

APPENDIX II

Map

APPENDIX III

United Nations General Assembly Resolution 194 (1948)

The General Assembly,

Having considered further the situation in Palestine,

1. Expresses its deep appreciation of the progress achieved through the good offices of the late United Nations Mediator in promoting a peaceful adjustment of the future situation of Palestine, for which cause he sacrificed his life; and

2.       Establishes a Conciliation Commission consisting of three States Members of the United Nations which shall have the following functions:

(a) To assume, in so far as it considers necessary in existing circumstances, the functions given to the United Nations Mediator on Palestine by resolution 186 (S-2) of the General Assembly of 14 May 1948;

(b) To carry out the specific functions and directives given to it by the present resolution and such additional functions and directives as may be given to it by the General Assembly or by the Security Council;

(c) To undertake, upon the request of the Security Council, any of the functions now assigned to the United Nations Mediator on Palestine or to the United Nations Truce Commission by resolutions of the Security Council; upon such request to the Conciliation Commission by the Security Council with respect to all the remaining functions of the United Nations Mediator on Palestine under Security Council resolutions, the office of the Mediator shall be terminated;

3. Decides that a Committee of the Assembly, consisting of China, France, the Union of Soviet Socialist Republics, the United Kingdom and the United States of America, shall present, before the end of the first part of the present session of the General Assembly, for the approval of the Assembly, a proposal concerning the names of the three States which will constitute the Conciliation Commission;

4. Requests the Commission to begin its functions at once, with a view to the establishment of contact between the parties themselves and the Commission at the earliest possible date;

5.        Calls upon the Governments and authorities concerned to extend the scope of the negotiations provided for in the Security Council's resolution of 16 November 19481 and to seek agreement by negotiations conducted either with the Conciliation Commission or directly, with a view to the final settlement of all questions outstanding between them;

6. Instructs the Conciliation Commission to take steps to assist the Government and authorities concerned to achieve a final settlement of all questions outstanding between them;

7. Resolves that the Holy Places – including Nazareth – religious buildings and sites in Palestine should be protected and free access to them assured, in accordance with existing rights and historical practice; that arrangements to this end should be under effective United Nations supervision; that the United Nations Conciliation Commission, in presenting to the fourth regular session of the General Assembly its detailed proposals for a permanent international regime for the territory of Jerusalem, should include recommendations concerning the Holy Places in that territory; that with regard to the Holy Places in the rest of Palestine the Commission should call upon the political authorities of the areas concerned to give appropriate formal guarantees as to the protection of the Holy Places and access to them; and that these undertakings should be presented to the General Assembly for approval;

8. Resolves that, in view of its association with three world religions, the Jerusalem area, including the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem; the most western, Ein Karim (including also the built-up area of Motsa); and the most northern, Shu'fat, should be accorded special and separate treatment from the rest of Palestine and should be placed under effective United Nations control;

9.       Resolves that, pending agreement on more detailed arrangements among the Governments and authorities concerned, the freest possible access to Jerusalem by road, rail or air should be accorded to all inhabitants of Palestine;

10. Instructs the Conciliation Commission to seek arrangements among the Governments and authorities concerned which will facilitate the economic development of the area, including arrangements for access to ports and airfields and the use of transportation and communication facilities;

11. Resolves that the refugees wishing 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 for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;

12.       Authorizes the Conciliation Commission to appoint such subsidiary bodies and to employ such technical experts, acting under its authority, as it may find necessary for the effective discharge of its functions and responsibilities under the present resolution;

13.       Instructs the Conciliation Commission to render progress reports periodically to the Secretary-General for transmission to the Security Council and to the Members of the United Nations;

14. Calls upon all Governments and authorities concerned to co-operate with the Conciliation Commission and to take all possible steps to assist in the implementation of the present resolution;

15.       Requests the Secretary-General to provide the necessary staff and facilities and to make appropriate arrangements to provide the necessary funds required in carrying out the terms of the present resolution.

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United Nations Security Council Resolution 242 (1967)

1. Affirms that the fulfilment of charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

ii. Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every state in the area and their right to live in peace within secure and recognised boundaries free from threats or acts of force;

2. Affirms further the necessity:

3. Requests the Secretary General to designate a special representative to proceed to the Middle East to establish and maintain contacts with the states concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;

4.       Requests the Secretary General to report to the Security Council on the progress of the efforts of the special representative as soon as possible.

United Nations Security Council Resolution 338 (1973)

1.       Calls upon all parties to the present fighting to cease all firing and terminate all military activity immediately, no later than twelve hours after the moment of the adoption of this decision, in the positions they now occupy;

2. Calls upon the parties concerned to start immediately after the cease-fire the implementation of Security Council Resolution 242 (1967) in all of its parts;

3. Decides that, immediately and concurrently with the cease-fire, negotiations shall start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.

Reporting committee: Committee on Migration, Refugees and Demography.

Budgetary implications for the Assembly: none.

Reference to committee: Recommendation 1152 (1991) of 25 April 1991.

Draft resolution unanimously adopted by the committee on 29 January 1998.

Members of the committee: Mr Diaz de Mera (Chairman), Mr Iwiński (Vice-Chairman), Mrs Aguiar, MM. Akselsen, Amoruso, Andres, Árnason, Mrs Arnold (Alternate: Mrs Groenver), MM. Atkinson, Aushev, Beaufays, Billing, Bogomolov, van den Bos, Brancati (Alternate: Brunetti), Mrs Brasseur, Mrs Bušić, MM. Cardona (Alternate: Vella), Christodoulides, Chyzh, Clerfayt, Connor, Debarge, Dinçer, Mrs Fehr, MM. Filimonov, Fuhrmann, Mrs Garajová, MM. Gremetz (Alternate: Legendre), Jakic, Mrs Johansson, Lord Judd, MM. Junghanns (Alternate: Lummer), Kalus, Kozlowski, Kukk, Mrs Kušnere, Mr Laakso, Mrs Langthaler, MM. Lauricella, Laurinkus, Làzàrescu, Le Jeune, Liapis, Loukota, Luís, Melo (Alternate: Begaj), Mészáros, Micheloyiannis (Alternate: Korakas, Vice-Chairman), Minkov, Molnár, Mutman, Rakhansky, Ruffy, von Schmude, Sincai, Mrs Soutendijk-van Appeldoorn, MM. Tahir, Vangelov (Alternate: Tripunovski), Wray (Alternate: Lord Ponsonby), N… (Alternate: Mrs Guirado, Vice-Chairman)

N.B. The names of those present at the meeting are printed in italics.

Secretaries of the committee: Mr Newman, Mr Sich and Mrs Nachilo.

1 See Official Records of the Security Council, Third Year, No. 126.