Handbook of Refugee and Forced Migration Studies
UNRWA and Palestinian Refugees
refugee.’ The ‘organs or agencies’ referred to are clearly UNCCP and UNRWA, both established
before UNHCR. The loss of protection was the greater concern of the UN, as shown by the
establishment of UNCCP, entrusted with a mandate to find a specific durable solution to the
Palestinian refugee problem. As for the clause ‘the position of such persons being definitively
settled according to the relevant resolutions adopted by the General Assembly,’ the drafting
history also gives guidance. Since this clause does not appear in the UNHCR Statute, the
relevant time period is the drafting of the second sentence of Article 1D. Between the fall of
1947 and July 1951, the UNGA had passed a series of Resolutions on Palestine/Israel related to
the refugee issue, referring to the formula in Res. 194.viii The UN’s view of what the ‘definitive
settlement’ of the refugee problem must entail was embodied in Res. 194(III), Para. 11. This
durable solutions formula was reaffirmed in all subsequent UNGA resolutions; thus, the clause
referred to the formula of Para. 11. Under the interpretation most consistent with the drafting
history, every Palestinian refugee falling under any of the categories encompassed by the 194
definition is entitled to protection under the 1951 Convention.
Due to the complexity of the definitions, there is no uniform understanding of who is a
Palestinian refugee; the benefits or durable solutions s/he is owed; which agency is to seek and
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