UN Resolution 194 & the Refugee Problem

Eli E. Hertz
www.mythsandfacts.org
12 September '10

Resolution 194, adopted by the UN General Assembly on December 11, 1948, addressed a host of issues, but only one paragraph out of 15 dealt with refugees created by the conflict. Resolution 194 attempted to create the tools required to reach a truce in the region. It established a conciliation commission with representatives from the United States, France and Turkey to replace the UN mediator. The commission was charged with achieving "a final settlement of all questions between ... governments and authorities concerned." The Resolution's "refugee clause" is not a standalone item, as the Arabs would have us think, nor does it pertain specifically to Palestinian Arab refugees.

Of the 15 paragraphs, the first six sections addressed ways to achieve a truce; the next four paragraphs addressed the ways that Jerusalem and surrounding villages and towns should be demilitarized, and how an international zone or jurisdiction would be created in and around Jerusalem. The resolution also called on all parties to protect and allow free access to holy places, including religious buildings.

One paragraph has drawn the most attention: Paragraph 11, which alone addressed the issue of refugees and compensation for those whose property was lost or damaged. Contrary to Arab claims, it did not guarantee a Right of Return and certainly did not guarantee an unconditional Right of Return - that is the right of Palestinian Arab refugees to return to Israel. Nor did it specifically mention Arab refugees, thereby indicating that the resolution was aimed at all refugees, both Jewish and Arab. Instead, Resolution 194 recommended that refugees be allowed to return to their homeland if they met two important conditions:

1. That they be willing to live in peace with their neighbors
2. That the return takes place "at the earliest practicable date"

The resolution also recommended that for those who did not wish to return, "Compensation should be paid for the property ... and for loss of or damage to property" by the "governments or authorities responsible."

Although Arab leaders point to Resolution 194 as proof that Arab refugees have a right to return or be compensated, it is important to note that the Arab States: Egypt, Iraq, Lebanon, Saudi Arabia, Syria, and Yemen voted against Resolution 194. Israel is not even mentioned in the resolution. The fact that plural wording also is used - "governments or authorities" - suggests that, contrary to Arab claims, the burden of compensation does not fall solely upon one side of the conflict. Because seven Arab armies invaded Israel, Israel was not responsible for creating the refugee problem. When hundreds of thousands of Arab Jews, under threat of death, attack and other forms of persecution, were forced to flee Arab communities, the State of Israel absorbed the overwhelming majority of them into the then-fledgling nation.

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