a. The termination of UNRWA’s mandate would in principle require a resolution
of the United Nations General Assembly. This element would consequently
apply to the entire class of Palestinians, rather than particular individuals.
(ii) Inability of UNRWA to fulfil its protection or assistance mandate
b. The discontinuation of UNRWA’s protection or assistance, which would
apply to all Palestinians, would need to be determined to have occurred as
a matter of fact, in an area of operations or on a country-wide basis. This
might occur if, notwithstanding the continued existence of the agency, it were
to become impossible for UNRWA to carry out its mission.42 Evidence of this
circumstance may be established, for example, by a resolution of the United
Nations General Assembly, annual reports of UNRWA, statements by
UNRWA that it has discontinued its activities, or other evidence brought
forward by the applicant.43
c. “Protection or assistance” are alternatives: an applicant is not required to
establish that both the protection and the assistance of UNRWA have
ceased. In relation to the discontinuation of assistance, however, the
applicant would need to establish that the assistance pursuant to UNRWA’s
mandate has ceased.44
(iii) Threat to the applicant’s life, physical integrity, security or liberty or
other serious protection‑related reasons
d. Palestinian refugees – as refugees already recognized by the international
community via various UN General Assembly resolutions – are not required
to establish individually that their treatment constitutes persecution within
the meaning of Article 1A(2) of the 1951 Convention or that they meet the
other requirements of the refugee definition in that paragraph, in order to
benefit from Article 1D.45 That said, a Palestinian refugee at risk of
persecution in the sense of Article 1A(2) would clearly fall within the second
paragraph of Article 1D.
e. Beyond this, there is a range of threats that may compel a Palestinian to
leave UNRWA’s area of operation, with the result that UNRWA’s protection
and assistance would cease for him or her. In UNHCR’s view, both group42 El Kott, note 9 above, para. 56. The suspension of non-core services for a short period of time would
not suffice.
43 A comparison can be made with the UNCCP, which continues to exist but reports annually to the
General Assembly that it is not able to carry out its mandate: see note 3 above.
44 “Given the long-standing and continuing reality of funding deficits, should UNRWA continue to exist
but in fact be unable to provide effective protection or assistance due to a lack of funding, there is no
reason in principle why this should also not qualify as a cessation of activities under Article 1D, which
expressly contemplates cessation ‘for any reason’ as activating the inclusion clause”. AD (Palestine),
note 2 above, para. 172. See also, El Kott, note 9 above, paras 63, 65.
45 See for example the Belgian Conseil du Contentieux des Étrangers, (Council of Alien Law Litigation)
decision, which states that the recognition of the refugee status is not based on the existence of a real
risk to personal safety, but is automatically granted based on Article 1D given that the person concerned
is already a refugee and has demonstrated that he or she can no longer benefit from UNRWA
assistance. Arrêt No. 144 563, Belgium: Conseil du Contentieux des Étrangers, 30 April 2015,
http://www.refworld.org/cases,BEL_CCE,5963b1794.html.
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