Handbook of Refugee and Forced Migration Studies
UNRWA and Palestinian Refugees
Under UNHCR’s current interpretation, Article 1D does not apply to category c) refugees—who
must instead satisfy the individualised persecution criteria of Article 1A(2)—but does apply to
categories a) and b) since they are eligible to receive assistance from UNRWA. UNHCR
recognises that the second sentence of Article 1D is an ‘inclusion clause’, and states that
categories a) and b) are Convention refugees simply because (ipso facto) they meet a
group/category definition. They need not prove individualised persecution. UNHCR’s Amended
Note adds that categories a) and b) are entitled to the benefits of the Convention as long as they
reside outside UNRWA areas. The Note clarifies that an individual refugee need not prove that
s/he is outside UNRWA areas involuntarily due to circumstances outside his control. Finally, the
Note states that descendants of 1948 and 1967 refugees are entitled to UNHCR and Convention
protection even if they have never been in an UNRWA area.
Defining Palestine/Palestinian Refugees
The multiple refugee definitions that were drafted for different purposes, coupled with their
widely divergent interpretations, have made the determination of who is a Palestinian refugee
ambiguous and complex. The first discussion of a Palestinian refugee definition appears in a
series of the UN Secretariat’s ‘working papers’ related to the drafting of UNGA Res. 194(III).
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