recognized that “no reintegration would be satisfactory, or even possible, were it to be
brought about by forcing people into new positions against their will”.369
369
UNGA, ‘Report of the Director of the United Nations Relief and Work Agency for Palestine Refugees in the Near
East’ (6 November 1952) UN Doc A/RES/614 (VII) <https://documents-dds-ny.un.org/doc/RESOLUTION/
GEN/NR0/079/57/PDF/NR007957.pdf ?OpenElement> accessed 3 October 2022.
370
The Situation in the Middle East (16 December 1982) UNGA Res 37/123 (A-F) <https://documents-dds-ny.un.org/
doc/RESOLUTION/GEN/NR0/426/01/IMG/NR042601.pdf ?OpenElement> accessed 3 October 2022.
371
Protection of Palestine Refugees (15 December 1983) UNGA Res 38/83 (I) <https://documents-dds-ny.un.org/doc/
RESOLUTION/GEN/NR0/444/75/IMG/NR044475.pdf ?OpenElement>; UNGA Res 48/40(H) (10 December
1993) UN Doc A/RES/48/40(H) <https://digitallibrary.un.org/record/179704?ln=ar> accessed 3 October 2022.
372
Nicholas Morris, ‘What Protection Means for UNRWA in Concept and Practice’ (31 March 2008) Consultant’s Report
to UNRWA <https://www.unrwa.org/userfiles/20100118155412.pdf> accessed 3 October 2022.
373
UNRWA, ‘What We Do – Protection’ (UNRWA, 26 March 2018) <https://www.unrwa.org/what-we-do/protection>
accessed 3 October 2022.
374
UNRWA, ‘Report of the Commission General of the UNRWA’ (30 June 1983) UN Doc A/38/13, 7 <https://
digitallibrary.un.org/record/61551?ln=en> accessed 3 October 2022.
79
Chapter
Today, UNRWA has come
to explicitly recognize its
protective role, however it
defines protection in general and
self-referential terms as “what
the Agency does to safeguard
and advance the rights of
Palestine refugees”372 through
service delivery programs and
engagement with relevant duty
bearers.373 What was said about
UNRWA’s limited capacity to
protect Palestinian refugees Shatila camp, Lebanon. September 2022 (©BADIL)
during humanitarian crises in
the early 1980s still largely applies today: “The only means [of protection] at the disposal
of [UNRWA] is [...] to report, to warn and to make representations to the authorities
responsible”.374 Despite the development of its protective functions, UNRWA continues
to lack an explicit mandate to provide the just and durable solution to which Palestinian
refugees are entitled, nor adequately equipped to do so. In this way the “protection gap”
has remained wide open.
3
UNRWA’s role was expanded once again following the Sabra and Shatila massacre that
occurred in Lebanon in 1982. In the aftermath of the massacre, the General Assembly
issued a resolution conferring UNRWA with an advisory status regarding refugee
protection.370 In 1983, 1988 and 1993, similar resolutions reiterated the need for UNRWA
to continue its efforts to preserve the security and human rights of the Palestinian refugees
in the territory under Israeli occupation since 1967.371
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