The UNCCP was thus established with a dual mandate. First, as suggested by its
name, the Commission was to seek conciliation between the parties to find, in accordance
with UNGA Resolution 194(III), a permanent solution to all outstanding problems of
the Arab-Israeli conflict, including the Palestinian refugee problem. Second, it was
to provide protection to the refugees by safeguarding their right to return and other
related rights, including their right to restitution of the refugees’ property.163
The UNCCP tried to persuade Israel to permit the return of certain categories of
refugees (i.e., citrus grove owners and laborers) – without prejudicing the right of all
refugees to return to their original homes – based on humanitarian considerations.
The UNCCP also attempted to reunite separated Palestinian families, such as
dependents of breadwinners who had remained in the territory that became the State
of Israel on 15 May 1948. While a small number of refugee dependents were able
to return and be reunited with their families, other groups of refugees, including the
owners of citrus groves and their laborers, were not allowed to return. The UNCCP
also facilitated the release of blocked accounts and assets belonging to refugees.
The UNCCP attempted to facilitate the return of Palestinian refugees primarily
through intervention with Israel and by carrying out the preliminary technical work
required for returns. One of the first steps taken by the Commission was to gather
basic information about refugees, as well as the policies and political positions of
Arab host countries and Israel. The UNCCP also attempted to facilitate restitution
of refugee property through calls for reform of Israeli property laws,164 intervention
with relevant authorities, and actual documentation of Palestinian property inside the
borders of the new State of Israel.165
In 1950, the Commission established a sub-office (“Refugee Office”) to identify
Arab property ownership inside Israel and examine various interim measures through
which refugees could derive income from their properties. A global and individual
identification of Palestinian property was conducted based on British mandate
records.166 In the early 1960s, the identification was completed: 430,000 records
Susan M. Akram and Guy Goodwin-Gill, “Brief Amicus Curiae” Submitted to the United States
Department of Justice Executive Office for Immigration Review, Board of Immigration Appeals (Falls
Church, Virginia, 1999).See also Terry Rempel, The United Nations Conciliation Commission for
Palestine, Protection, and Durable Solution for Palestinian Refugees (Bethlehem: BADIL Resource
Center for Palestinian Residency and Refugee Rights, June 5, 2000), 3, Brief No. 5.
164
At the time, these included the following laws: Abandoned Areas Ordinance (1948); Emergency
Regulations Concerning Absentee Property (1948); Emergency Regulations (Security Zones) (1949);
Emergency Regulations (Cultivation of Waste [Uncultivated] Lands) (1949); Absentees’ Property
Law (1950); Development Authority (Transfer of Property) Law (1950).
165
Salman Abu Sitta, “The Palestinian Nakba 1948, The Register of Depopulated Localities in Palestine”
(Palestinian Return Center London, 2001); Terry Rempel, “Housing and Property Restitution: The
Palestinian Refugee Case,” in Returning Home: Housing and Property Restitution Rights of Refugees
and Displaced Persons., ed. Scott Leckie (New York: Transnational Publishers, 2003), 296.
166
Michael R. Fischbach, Records of Dispossession: Palestinian Refugee Property and the Arab-Israeli
Conflict (New York: Columbia University Press, 2003).
163
The Palestinian Refugee Problem: An Overview
29
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