U.N. Subcommission on Prevention of Discrimination and Protection of Minorities,
46th Sess., Agenda Item 8, para. 17, U.N. Doc. E/CN.4/Sub.2/1994/18 (1994).
[32]
See., e.g., U.N. Subcommission on the Prevention of Discrimination and
Protection of Minorities, Res. 1995/13, U.N. ESCOR, 50th Sess., at 20, U.N. Doc.
E/CN.4/Sub.2/1995/L.11.Add.3 (1995).
[33]
The status of Palestinian refugees under the 1951 Convention and the protection
function of the UNHCR have been addressed in previous Briefs by BADIL. See, in
particular, Brief No. 1, Susan M. Akram, REINTERPRETING PALESTINIAN
REFUGEE RIGHTS UNDER INTERNATIONAL LAW, AND A FRAMEWORK
FOR DURABLE SOLUTIONS; also see, Susan M. Akram and Guy Goodwin-Gill,
Brief Amicus Curiae, supra 6.
[34]
See., e.g., Executive Committee Conclusion No. 18 (XXXI) 1980, Voluntary
Repatriation; Executive Committee Conclusion No. 40 (XXIX) 1985, Voluntary
Repatriation.
[35]
Statement by the UN High Commissioner for Refugees at the World Conference
on Human Rights, Vienna, June 16, 1993.
[36]
For an especially thorough analysis of the right to return including specifically the
right to return to one’s “home of origin” (which includes, thereby, an associated right
of restitution, or repossession) as articulated by the international community in
various contexts of state practice, see, generally, Rosand, 1091, supra note 24.
[37]
1997 UNHCR BY NUMBERS 11, cited in Rosand, “The Right of Return,” 1091,
1120 & n. 111.
[38]
Figure cited in Oliver Bakewell, Returning Refugees or Migrating Villagers?
Voluntary Repatriation Programmes in Africa Reconsidered, Working Paper No. 15,
UNHCR (December 1999).
[39]
Refugee Resettlement in Selected Countries, 1990-99, Table V.20, Refugees and
Others of Concern to the UNHCR 1999, Statistical Overview, UNHCR (1999).
[40]
See, e.g., S.C. Res. 1145, U.N. SCOR, 52d Sess., 3843d mtg., preamb. & para. 7,
U.N. Doc. S/RES/1145 (1997); S.C. Res. 1088, U.N. SCOR, 51st Sess., 3723d mtg. at
para. 11, U.N. Doc. S/RES/1088 (1996); S.C. Res. 1079, U.N. SCOR, 51st Sess.,
3712th mtg., para. 4, U.N. Doc. S/RES/1079 (1996); S.C. Res. 1019, U.N. SCOR, 50th
Sess., 3591st mtg., paras. 6-7, U.N. Doc. S/RES/1019 (1995); S.C. Res. 820, U.N.
SCOR, 48th Sess., 3200 mtg., preamb. & para. 7, U.N. Doc. S/RES/820 (1993).
[41]
See., e.g., S.C. Res. 1097, U.N. SCOR, 51st Sess., 3712th mtg., at para. 8, U.N.
Doc. S/RES/1097 (1996). Another strong parallel to Resolution 194 is the case of
Namibia, where the Security Council affirmed the right of return (repatriation) of
Namibians, again independent of any political solution (and therefore as an absolute
right which could not be conditioned upon political considerations). Furthermore,
many of the Namibians whose return the Security Council was calling for as of right
had been actively fighting against South Africa’s occupation of Namibia and hence