United Nations’ Definition of a Refugee
The international definition of a refugee clearly applies to Jews displaced from Arab countries: A refugee is a person who:
“owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…”
The 1951 Convention relating to the Status of Refugees.
United Nations High Commissioner for Refugees
On two occasions, in 1957 and again in 1967, the United Nations High Commissioner for Refugees (UNHCR) determined that Jews fleeing from Arab countries were refugees who fell within the mandate of the UNHCR.
“Another emergency problem is now arising: that of refugees from Egypt. There is no doubt in my mind that those refugees from Egypt who are not able, or not willing to avail themselves of the protection of the Government of their nationality fall under the mandate of my office.”
—Mr. Auguste Lindt, UN High Commissioner for Refugees, Report of the UNREF Executive Committee, Fourth Session – Geneva 29 January to 4 February, 1957.
“I refer to our recent discussion concerning Jews from Middle Eastern and North African countries in consequence of recent events. I am now able to inform you that such persons may be considered prima facie within the mandate of this Office.”
—Dr. E. Jahn, Office of the UN High Commissioner, United Nations High Commissioner for Refugees, Document No. 7/2/3/Libya, July 6, 1967.
United Nations Resolution(s)
On November 22nd, 1967, the Security Council unanimously adopted Resolution 242, laying down the principles for a peaceful settlement in the Middle East. Resolution 242 stipulates that a comprehensive peace settlement should necessarily include “a just settlement of the refugee problem.” No distinction is made between Arab refugees and Jewish refugees.
The international community’s intention to have Resolution 242 include the rights of Jewish refugees is evidenced by the UN debate, as discussed by the Security Council at its 1382nd meeting of November 22, 1967. The international community adopted a resolution with generic language that does not restrict the “just settlement of the refugee problem” merely to Palestinian refugees. This was the intent of the Resolution’s drafters and sponsors.
“A notable omission in 242 is any reference to Palestinians, a Palestinian state on the West Bank or the PLO. The resolution addresses the objective of ‘achieving a just settlement of the refugee problem.’ This language presumably refers both to Arab and Jewish refugees, for about an equal number of each abandoned their homes as a result of the several wars…”
—Justice Arthur Goldberg, the United States Chief Delegate to the UN, 1967.
Multilateral Initiatives
The Madrid Conference, which was first convened in October 1991, launched historic, direct negotiations between Israel and many of her Arab neighbors.
At a conference convened to launch the multilateral process held in Moscow in January 1992, then-U.S. Secretary of State James Baker stated:
“The refugee group will consider practical ways of improving the lot of people throughout the region who have been displaced from their homes.”
The Road Map to Middle East Peace, currently being advanced by the Quartet (the U.N., EU, U.S., and Russia), also refers in Phase III to an “agreed, just, fair and realistic solution to the refugee issue”, language applicable both to Palestinian and Jewish refugees.
Bilateral Arab-Israeli Agreements
Israeli agreements with her Arab neighbors allow for a case to be made that Egypt, Jordan, and the Palestinians have affirmed that a comprehensive solution to the Middle East conflict will require a “just settlement” of the “refugee problem” that will include recognition of the rights and claims of all Middle East refugees.
Israel – Egypt Agreements
The Camp David Framework for Peace in the Middle East (1978) includes, in paragraph A(1)(f), a commitment by Egypt and Israel to “work with each other and with other interested parties to establish agreed procedures for a prompt, just and permanent resolution of the implementation of the refugee problem.”
Article 8 of the Israel – Egypt Peace Treaty (1979) states:
“The Parties agree to establish a claims commission for the mutual settlement of all financial claims.”
Those claims include those of former Jewish refugees displaced from Egypt.
Israeli-Palestinian Agreements, 1993
Almost every reference to the refugee issue in Israeli-Palestinian agreements, talks about “refugees”, without qualifying which refugee community is at issue, including the Declaration of Principles of 13 September 1993 {Article V (3)}, and the Interim Agreement of September 1995 , both of which refer to “refugees” as a subject for permanent status negotiations, without qualifications.
Israel – Jordan Peace Treaty, 1994
Article 8 of the Israel – Jordan Peace Treaty, titled “Refugees and Displaced Persons”, recognizes:
“The massive human problems caused to both Parties by the conflict in the Middle East.”
This broad reference suggests that the plight of all refugees of “the conflict in the Middle East” includes Jewish refugees from Arab countries.
