recognized as a specific class,8 and that they continue to receive protection and
associated rights, until their position has been definitively settled in accordance with
the relevant resolutions of the United Nations General Assembly.9 This purpose is also
reflected in the discussions regarding the drafting of the Statute of the Office of the
United Nations High Commissioner for Refugees, in which it was emphasized that
Palestinian refugees should continue to be granted special status.10 It was also
recognized as essential that the continuity of protection be ensured11 for Palestinians
as a sui generis class of refugees under the 1951 Convention.
7. The second purpose of Article 1D is to avoid duplicating and overlapping
competencies between UNHCR and UNRWA. The responsibilities of the two agencies
are intended to be complementary.12 In this regard, it is noted that while UNHCR’s
mandate is global, its competence “shall not extend to a person … who continues to
receive from other organs or agencies of the United Nations protection or
assistance.”13 In contrast, UNRWA has competence in five geographical areas or
‘fields’ of operation: Jordan, Lebanon, the Syrian Arab Republic, the West Bank
(including East Jerusalem) and Gaza.14 Taken together, these territories constitute
8 “The Article aims, fundamentally, to ensure continued protection of Palestinians as persons whose
refugee character had already been established”. AD (Palestine), para.159, note 2 above. Article 1D
was “intended for an existing category of refugees in respect of which the General Assembly had already
taken certain action.” Takkenberg, note 5 above, 97.
9 See also, Mostafa Abed El Karem El Kott and Others v. Bevándorlási és Állampolgársági Hivatal, C364/11, European Union: Court of Justice of the European Union, 19 December 2012, (“El Kott”),
http://www.refworld.org/cases,ECJ,50d2d7b42.html, para 62, where the CJEU affirmed that the
objective of Article 1D was to “ensure that Palestinian refugees continue to receive protection, as
Palestinian refugees, until their position has been definitely settled …”.
10 General Assembly, Fifth Session, Official Records, Third Committee, 328 th Meeting, 27 November
1950, paras 52, 55 (Mr. Baroody, Saudi Arabia), UN doc. A/C.3/SR.328, available through the UN
Official Document System database at http://www.un.org/en/documents/index.html. Also cited in
UNHCR’s intervention before the Court of Appeal of England and Wales in the case of El-Ali,
http://www.refworld.org/docid/3d1c73c04.html (“UNHCR intervention in El-Ali”).
11 General Assembly, Fifth Session, Official Records, Third Committee, 344 th Meeting, 11 December
1950, paras 24-25 (Mr. Baroody, Saudi Arabia); para. 28 (Mr. Lesage, Canada); paras 29-30 (Mr. Davin,
New Zealand); para. 39 (Mr. Noriega, Mexico); para. 42 (Mr. Raafat, Egypt), UN doc. A/C.3/SR.344,
available
through
the
UN
Official
Document
System
database
at
http://www.un.org/en/documents/index.html. Also cited in UNHCR intervention in El-Ali, note (10) above.
12 See Goodwin Gill and McAdam, note 5 above, 152. The importance of this complementarity is
reflected in the current practice of the two agencies. Since 2005, UNHCR and UNRWA have held annual
high-level meetings in order to address issues of common concern; and since 2010, a joint working
group has been established which remains in regular contact and meets twice per year.
13 Statute of the Office of the United Nations High Commissioner for Refugees, (“Statute”), 14 December
1950, A/RES/428(V), http://www.refworld.org/docid/3ae6b3628.html, paragraphs 1 and 7(c). With
regards to the differences between the language of the Statute (“continues to receive”) and that of Article
1D (“at present receiving”), UNHCR interprets the phrases as having the same meaning. “For reasons
which are not clear (but which may have been dictated by time constraints), the draft Convention refugee
definition was not amended to bring it into line with the UNHCR Statute before being sent on to the
Conference of Plenipotentiaries.” Goodwin-Gill and McAdam, note 5 above, p. 154. See also on the
issue of UNHCR’s Mandate, UNHCR, Note on the Mandate of the High Commissioner for Refugees and
his Office, October 2013, http://www.refworld.org/docid/5268c9474.html.
14 See for example, General Assembly Resolution 58/95 of 17 December 2003 and, more recently,
UNGA Resolution 71/91, Assistance to Palestine refugees: Resolution adopted by the General
Assembly, 22 December 2016, A/RES/71/91: http://www.refworld.org/docid/586cbe334.html.
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