Three UN agencies have particular roles relating to Palestinian refugees. The UN established a Conciliation Commission for Palestine (UNCCP) in 1948, with a mandate to seek durable solutions for Palestinian refugees, which includes legal protection. The UNCCP continues to exist, but from early in its existence it has been unable to fulfil its core protection mandate. 13 The UN established UNRWA in 1949, with a mandate to assist Palestine refugees. UNRWA is primarily a humanitarian relief institution, operating with a limited geographical remit. Its mandate has subsequently been extended to include some protection activities; however, as discussed below, these are limited and do not include seeking durable solutions for Palestinians. 14 The UN also established the Office of the High Commissioner for Refugees (UNHCR) in 1950, mandated to provide protection and assistance globally to refugees (and to stateless persons, since 1974), but not including Palestinians in the areas of UNRWA’s operation. 15 Although UNRWA’s role is mainly humanitarian assistance, the Agency engages in some work it designates as protection work and adopted a protection policy in 2012. UN General Assembly resolutions have re-affirmed the ongoing need for UNRWA’s work, including in relation to the “wellbeing, protection and human development” of Palestine refugees.16 UNRWA clarified its mandate and the services it provides in a letter to UNHCR in September 2021, stating that UNRWA services consist mainly of education; primary healthcare; relief and social services; infrastructure and camp improvement; microcredit; and emergency assistance, including in situations of armed conflict. This letter further states that UNRWA “contributes to the protection of Palestine refugees both through its service delivery and by advocating for their rights with relevant stakeholders.” It further confirms, however, that: “UNRWA does not have a mandate to seek durable solutions for Palestine refugees…. UNRWA does not manage refugee camps and is not responsible for protecting the physical safety or security of Palestine refugees or maintaining law and order…. [UNRWA] cannot guarantee any individual’s physical security. Registration with UNRWA … does not confer any legal status, nor does it operate as a form of personal identification, proof of nationality or lack thereof.”17 It is clear that UNRWA does not offer protection in the form of a protective legal status under international law, such as refugee status or recognition and protection as a stateless person (including a right of residence). The hosting states and the authorities governing the territories in which UNRWA operates control the legal status of Palestinian refugees within their borders (including their right to enter, remain, and exit), and their permission to work, study or access non-UNRWA healthcare and public welfare benefits. The hosting states and territories are also responsible for security. Whether UNRWA is able to fulfil its mandate in a particular area at a particular time is context-specific (as indicated in some of the jurisprudence below).18 UNRWA’s financial situation is precarious, as it relies on voluntary contributions, 13 See eg UNCCP annual report, saying it had ‘nothing new to report’, United Nations Conciliation Commission for Palestine, UN Doc A/75/305 (11 Aug 2020); See also Palestine: Progress Report of the United Nations Mediator, GA Res 194(III), UN Doc A/ RES/194(III) (27 November 1948). 14 See Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, GA Res 70/85, UN Doc A/RES/70/85 (15 December 2015). See also BADIL, Closing Protection Gaps, n 11; Guy Goodwin-Gill and Jane McAdam, The Refugee in International Law (Oxford University Press, 3rd ed, 2007), 436-38; UNRWA, ‘What We Do: Protection’ https:// www.unrwa.org/what-we-do/protection [accessed 30 June 2022]. 15 UNHCR, ‘Note on the Mandate of the High Commissioner for Refugees and his Office’ (2013) https://www.refworld.org/ pdfid/5268c9474.pdf. 16 See UNGA Res A/C.4/68/L.12 (8 Nov 2013) https://digitallibrary.un.org/record/760509?ln=en; UNRWA, ‘What We Do: Protection’, n 14. UNRWA has had a protection division since 2015, working on three main themes: child protection, protection from gender-based violence, and protection for disabled persons. UNRWA, ‘Protection Division’ https://www.unrwa.org/ protection-division [accessed 30 June 2022]. 17 UNRWA Letter 2021, n 7. 18 See Albanese and Takkenberg, n 6, Part One (II) S. 4.3.4, observing that it is ‘not easy to determine what is commensurate” with UNRWA’s mission and that it may assist to refer to relevant UNHCR standards. 3