Return to the homeland

In response to “Who said the right of return,” by Akiva Eldar (“Haaretz,” 12.3.10)

In the wake of the decision of the European Human Rights Court regarding the claim of Cypriot refugees, Akiva Eldar and Prof. Eyal Benvenisti argue that the statute of limitations has expired with respect to the right of return of Palestinian refugees.  Careful analysis of the decision leads to a different conclusion.

The court’s decision addresses property rights, not the right of return.  In 2005, “The Turkish Republic of Northern Cyprus” adopted a law regarding property claims and compensation, following which a “Lands Commission” was established which continues to operate.  A refugee from northern Cyprus who left property there may reclaim ownership of it, or receive compensation.  Claimants are not required to demonstrate “uninterrupted connection to the location,” but only to prove that they owned it.

Turkey, the defendant, declared during the trial that it does not object in principle to returning property.  Up until November, 2009, the commission awarded compensation and returned property in the vast majority of claims.

In the present case, the claimants appealed to the European court prior to the establishment of the northern Cyprus commission.  The court said that the case should be heard according to the standard procedure by the commission which now existed.  The court did not “brutally deny” the claim regarding sentimental value based on family connections, and did not deny the relevance of a refugee’s declaration that a particular place had been his home.  It declared that they should be taken into consideration, and decided only that the decision to return property should not be an automatic one.  In cases where the property is to be returned to the refugee, the court instructed the commission to financially compensate the current holders who are required to vacate it.

No one denies the need to balance the refugee’s ownership rights to their property with the rights of the current holder.  The Palestinian refugees are not blind to the fact that flexible solutions must be found in cases where the property is not vacant.  The main demand today, after most of the buildings have been demolished, is to return to the homeland, to the area from which the refugees came.

Amit Landau
Zochrot
March 2010