Handbook of Refugee and Forced Migration Studies UNRWA and Palestinian Refugees For Palestinians, three essential links are missing: 1) a clear, agreed-upon refugee definition that relates directly to access to durable solutions; 2) one or more agencies entrusted with realising the durable solution rights for all those Palestinians qualifying under that definition; and 3) the recognition that all so-defined Palestinian refugees have been guaranteed the particular durable solutions formula embodied in Res. 194(III), and will be represented as such in a final resolution to their plight. Eligibility for and Cessation of Refugee Status On the first link, the most recognised ‘refugee’ definitions are mutually inconsistent: the category-based definition of Palestine refugee under Res. 194(III) as opposed to the individualised definition in the Refugee Convention that most states apply to Palestinians outside the UNRWA areas. The latter is particularly problematic. Since Palestinians usually arrive in non-UNRWA areas after residing for some time in an UNRWA area, states applying the Article 1A(2) persecution analysis relate it to one of the Arab host states, and usually find discrimination but not persecution. In contrast, if the Res. 194(III) category definition were applied, most Palestinians would automatically be recognised as refugees on the basis of the original persecution by Israel that dispossessed them of their homeland and denies the right to return to their homes and properties. 20

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