which fluctuate significantly and which are sometimes made contingent on political factors.19 The organisation reached an unprecedented funding crisis in late 2020, as a result of increasing poverty and greater need for urgent assistance, the global pandemic, and major funding cuts by donors, including the USA. Although some funders have subsequently resumed or increased funding, as of September 2021, there was a budget shortfall of US $100 million, and the ability of UNRWA to fulfil its mandate remains uncertain.20 UNHCR’s mandate differs significantly from UNRWA’s. UNHCR is mandated to provide assistance to and international protection for refugees and stateless persons globally, except in UNRWA’s area of operation.21 In about 50 countries, UNHCR itself determines refugee status; in other countries, it advises States relating to “persons of concern” to the Agency, particularly on how to comply with the 1951 Refugee Convention and the 1954 Convention relating to the Status of Stateless Persons, and how to ensure effective legal protection to refugees in that territory and implement other durable solutions.22 UNHCR works towards three durable solutions: voluntary repatriation to the country of origin, local integration of refugees in a host state (usually with legal protection offered by that state), and resettlement to a third country which provides refugees with legal protection.23 Refugees should be able to choose which of the three durable solutions is most appropriate for them; however, in practice, they depend on states’ good will in offering a solution. States often make integration difficult through lack of support and hostile policies and practices, and the availability of resettlement places is extremely limited in comparison to need and offered only to those who meet priority criteria. Of the three durable solutions, only voluntary repatriation is a right under international law, but it depends on the political position in the country of origin (based on guarantees of safety for refugees who return there and for stateless people, acquisition of nationality before or immediately upon return).24 For Palestinian displaced persons specifically, most lack access to any of the three durable solution which UNHCR works to provide for refugees globally; this is due to the international regime’s structure, the UNCCP’s non-operational status, Israel’s refusal to permit return of Palestinians, the political positions and practices of the governing authorities in UNRWA’s areas of operation, and the lack of availability of resettlement places. Overall, UNRWA’s contribution to the protection of Palestinian refugees differs in that UNRWA does not determine refugee status, does not have a mandate to implement any of the three durable solutions, and its mandate extends only to persons residing in UNRWA’s area of operation. 19 See eg BADIL, ‘Working Paper No. 29: USA-UNRWA Framework Agreement: Assistance or Securitization?’ (Jan 2022) https:// badil.org/cached_uploads/view/2022/01/12/wp-29-unrwa-eng-1641973001.pdf; Kjersti G. Berg and Jørgen Jensehaugen, ‘The Politics of Refugee Relief: UNRWA and the Ongoing Funding Crisis’ (Prio Blogs, 2 Feb 2021) https://blogs.prio. org/2021/02/the-politics-of-refugee-relief-unrwa-and-the-ongoing-funding-crisis/ [accessed 30 June 2022]; and BADIL, Understanding the Political Underpinning of UNRWA’s Chronic Funding Crisis, Bulletin No. 27, (BADIL 2018) https://www. badil.org/phocadownloadpap/Badil_docs/bulletins-and-briefs/bulletin-no27-unrwa-financial-crisis.pdf. 20 UNRWA Letter 2021, n 7; and Office of the Commissioner General for Refugees and Stateless Persons, ‘Lebanon – Palestinian Territories: The UNRWA financial crisis and its impact on programmes’ (1 Feb 2021) https://elenaforum.org/wp-content/ uploads/wpforo/default_attachments/1615278662-Cedoca-COI-Focus-Palestinian-territories-Lebanon-UNRWA-financialcrisis-01-02-2021.pdf [accessed 30 June 2022]; and The Danish Immigration Service, ‘Palestinian Refugees: Access to registration and UNRWA services, documents, and entry to Jordan’ (June 2020) https://www.ecoi.net/en/file/local/2032043/ Palestine+Refugees+june+2020.pdf. 21 UNRWA, ‘Frequently Asked Questions’ https://www.unrwa.org/who-we-are/frequently-asked-questions [accessed 30 June 2022]. 22 UNHCR, ‘Refugee Status Determination’, https://www.unhcr.org/refugee-status-determination.html [accessed 30 June 2022]. 23 See ‘Note on the Mandate of the High Commissioner for Refugees and his Office’ (2013), n 15; and UNHCR, ‘Chapter One Resettlement within UNHCR’s Mandate: International Protection and the Search for Durable Solutions’ https://www.unhcr. org/3d464b239.pdf, S. 1.3. 24 For a discussion of Palestinians’ right of return/repatriation (and other rights), see BADIL, Trump’s so-called Vision/Deal of the Century: A move to end the Palestinian refugee issue through serious breaches of International Law (Position Paper, May 2020) https://badil.org/cached_uploads/view/2021/04/20/deal-of-the-century-refugee-issue-positionpaper-may2020-1618905452. pdf. 4

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