A/HRC/40/74
B.
Return of refugees
18.
Some 75 per cent of Gazans are registered refugees, living in or outside one of eight
cramped cinderblock refugee camps in Gaza. They are among the descendants of the
750,000 Palestinians who, during the 1948 conflict, fled or were expelled from their
previous homes in today’s Israel, in what Palestinians call the Nakba (“catastrophe”). In
1948, the General Assembly, in its resolution 194, recognized that 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. Following the hostilities of
1967, when Israel occupied the West Bank, including East Jerusalem and Gaza, the
Assembly reaffirmed in 1974, in its resolution 3236, the “inalienable right” of return of
Palestinian refugees from both the 1948 and 1967 hostilities. In its resolution 242 (1967),
the Security Council affirmed the necessity of a “just settlement” of the refugee problem.
19.
While Palestinians have since urged the implementation of General Assembly
resolutions 194 and 3236, Israel opposes their return, arguing that “the influx of millions of
Palestinians into the State of Israel would threaten the existence of Israel as a Jewish state,
obliterating its basic identity as the homeland of the Jewish people and a refuge for
persecuted Jews worldwide.”5
20.
The return of refugees was among the “final status” issues that the negotiations held
in 1993 leading to the Oslo Accords set out to solve within five years. Some 25 years later,
the issue remains unresolved and the Accords unimplemented. In the West Bank and East
Jerusalem, the construction of settlements and a separation wall deemed unlawful by the
International Court of Justice has contributed to what the United Nations Special
Coordinator for the Middle East Peace Process called a “growing risk of a one-state reality
of perpetual occupation”.6
21.
On 6 December 2017, the Government of the United States of America announced
its decision to move its embassy to Jerusalem, thereby reducing hopes for a two-State
solution further and sparking new demonstrations across the Occupied Palestinian Territory.
The “great march of return and breaking of the siege”: background
and principles
C.
22.
On 7 January 2018, Ahmed Abu Artema, a 34-year-old Palestinian poet and
journalist, posted on Facebook the idea of a non-violent march at the separation fence, to
draw attention to General Assembly resolution 194 and to the dire humanitarian situation in
Gaza. In the post, ending #GreatMarchofReturn, he wrote, “what if 200,000 demonstrators
marched peacefully and broke through the fence east of Gaza and entered a few kilometres
into the lands that are ours, holding the flags of Palestine and the keys to return,
accompanied by international media, and then set up tents inside and established a city
there.”
23.
The idea evolved into a movement of Palestinians. Within weeks, Abu Artema, civil
society activists and other stakeholders drew up a charter of 12 principles, envisaging a
national march by Palestinians of all ages, genders, political and social groups.
24.
A higher national committee and 12 subcommittees were subsequently established
to organize and oversee the planning of the march. Its members came from all sectors of
Palestinian society, including civil society, cultural and social organizations, student unions,
women’s groups, eminent persons and members of clans. Representatives of several
political parties, including the Democratic Front for the Liberation of Palestine, Fatah,
Hamas, the Popular Front for the Liberation of Palestine and Palestinian Islamic Jihad, were
5
6
4
See https://mfa.gov.il/MFA/ForeignPolicy/FAQ/Pages/FAQ_Peace_process_with_
Palestinians_Dec_2009.aspx# Refugees1.
See https://unsco.unmissions.org/security-council-briefing-situation-middle-east-includingpalestinian-question-2.
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