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.
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