|
A right of return is a right, held by members of an ethnic or national group, to assurance of immigration and
naturalization into the nation of their homeland. It is a special consideration in the nation's immigration laws to facilitate or
encourage the reunion of a diaspora or dispersed ethnic population.
The Universal Declaration
of Human Rights article 13 (as well as other human rights documents)
maintains this right, stating: "Everyone has the right to freedom of movement and residence within the borders of each State.
Everyone has the right to leave any country, including his own, and to return to his country." (emphasis added). There
is disagreement as to what this actually means in practice as well as whether country refers to a state or a specific
area of land. In addition, the change from State to country from the first sentence to the second clouds the
issue.
Jewish
Any person of Jewish heritage can immigrate to Israel and receive Israeli citizenship with all the privileges and obligations thereof.
Ever since the destruction of the Second Temple in the year 70 CE,
Jews pray three times a day for return to their ancestral homeland. This longing to
return to the Land of Israel also became a major topic in Jewish
literature and thought. In the second half of the 19th century, Zionism sought to
make this longing a reality by encouraging and helping Jews from the diaspora
return to the Land of Israel.
Since the founding of the State of Israel, millions of Jews from all over the world have availed themselves of the right of
return. These include: the surviving victims of the Holocaust, many of whom were
interred in displaced persons camps in Europe after World War II and later in Cyprus when the British Mandatory government refused them entry; and the North African and
Arab Jews of the Middle East who fled discrimination and at times persecution at the hands
of Arab governments, particulary after the founding of the State of Israel.
The Balfour Declaration of November 2, 1917, is the first
modern government document to recognize the Jewish right of return. It states inter alia: "His Majesty's Government view
with favour the establishment in Palestine of a national home for the Jewish people and will use their best endeavours to
facilitate the achievement of this object."
The right of return was stated explicitly in the British Mandate of Palestine authorizing document conferred on Great Britain by the League of Nations
in 1922. Article 6 of that document reads in part: "The Administration of Palestine... shall facilitate Jewish immigration under
suitable conditions and shall encourage, in cooperation with the Jewish agency... close settlement by Jews on the land...".
The right of return was embodied in the Declaration of the Establishment of the State of Israel of May 14, 1948: "The State of
Israel will be open for Jewish immigration and for the ingathering of the exiles..."
As codified in Israeli law as the Law of Return 1950 passed on July 5th,
1950. The law was amended in 1970 to grant the right to immigrate to Israel to non-Jews who are either children or grandchildren
of a Jew, the spouse of a Jew or the spouse of a child or grandchild of a Jew. The amendment
was intended to accept in Israel families, mainly from Eastern Europe, where mixed marriages were abundant.
The Israeli Law of Return does not exclude non-Jews from immigrating to Israel. Any person who wishes to settle in Israel, may
do so. That person must meet the requirements set forth in the Law of Entry to Israel (1952) and the Law of Citizenship (1952),
regarding naturalization. These requirements are similar to those stated in the laws of most countries such as:
- they must have resided in Israel for three years out of five years preceding the day of submission of the application;
- they are residing legally in Israel and have settled permanently or intend to settle permanently in Israel;
- they have renounced their prior nationality, or have proved that they will cease to be foreign nationals upon becoming
Israeli citizens.
Palestinian
The Palestinian Arab right of return is a hotly disputed topic in Middle East politics, and plays an important role in negotiations between Israel, the Palestinians and Arab states.
By the Arabs, the right of return is commonly understood as the right of the Palestinian refugees to return to the homes they had possessed
prior to the 1948 Arab-Israeli war and the Six-Day War. Several early UN resolutions called upon Israel to grant this right,
although most parties would currently opt for a multilateral solution accepted by Israel, the Palestinians and the hosting
countries.
The right of return can be seen, next to the question of the status of Jerusalem, as one of the major impediments of the Peace
process. Many Israelis fear that granting all of the current 8 million Palestinian refugees a right to return to Israel would
lead to a demographic shift which would remove its identity as a Jewish state. Furthermore, if a large proportion of the exiled
Palestinians were indeed to return -- which many read as likely since they are discriminated against and live in miserable
conditions in their present host countries -- catastrophic overpopulation would result.
Even if a smaller number of refugees were to return, as little as one million, it could still gravely alter Israel's character
as a Jewish state (in addition to having a severe impact on its economy, environment and other areas). A large majority of Jewish
Israelis find this prospect unacceptable. Some, however, believe that if Israel were one day to acknowledge a right of return,
the ensuing changes might be positive for Israelis and Palestinians alike [1] .
The Arab states have for decades insisted on this right as one of the main conditions for peace. The Oslo accords were only made possible, because both sides agreed to leave this
question open for future negotiations.
In June 2003, a survey of Palestinians living in the West Bank, Gaza Strip, Jordan and Lebanon found that only 10% (373,000 people) would become residents of Israel if given a
choice. The majority would prefer to live in a Palestinian state, either in an existing Palestinian area or in an area that
becomes Palestinian as the result of a territorial exchange. These results are in stark contrast with Israeli public opinion,
which believes that a much greater number of Palestinians would wish to live in Israel.
Other
Further meanings of the right of return:
- German law allows persons of German descent living in Eastern countries such as
Russia (so-called "Aussiedler") to return to Germany and acquire German citizenship.
These laws are sometimes criticized because they give people of a certain ethnic background preference, while for other people
who want to immigrate it is extremely difficult.
External links
|