3.3.2. UNRWA
UNRWA was established in 1949 with UN General Assembly Resolution 302 (IV) to
complement the work of the UNCCP by providing assistance in the form of “direct relief
359
See, for example, Susan Akram, ‘Palestinian Refugees and their Legal Status: Rights, Politics and Implications for a
Just Solution’ (2002) 31(3) Journal of Palestine Studies, 36-51 <https://doi.org/10.1525/jps.2002.31.3.36>; Lena
El-Malak, ‘Palestinian Refugees in International Law: Status, Challenges, and Solutions’ (2006) 20(3) Immigration,
Asylum and Nationality Law, 187.
360
UNGA, ‘Palestine: Progress report of the United Nations Conciliation Commission for Palestine; Repatriation or
resettlement of Palestine refugees and payment of compensation due to them’ (14 December 1950) UNGA Res 394
(V) <https://digitallibrary.un.org/record/209554> accessed 3 October 2022
361
Forsythe (n 355), 56.
362
“The present unwillingness of the parties fully to implement the UNGA Resolution under which the Commission
is operating, as well as the changes which have occurred in Palestine during the past three years, have made it
impossible for the Commission to carry out its mandate”. See UNGA, ‘Progress Report and Supplementary Report
of the UN Conciliation Commission for Palestine, covering the period from 23 January to 19 November 1951’
(1951) UN GAOR 6th Session Supp no 18 A/1985, para 79 <https://digitallibrary.un.org/record/704493?ln=en>
accessed 3 October 2022.
363
Terry Rempel, ‘The United Nations Conciliation Commission for Palestine, Protection, and a Durable Solution
for Palestinian Refugees’ (2000) 5 BADIL Brief, 5 <https://www.badil.org/phocadownload/Badil_docs/bulletinsand-briefs/Brief-No.5.pdf> accessed 3 October 2022.
364
UNCCP, ‘Seventy-First Report’ (15 August 2017) UN Doc A/72/332 <https://undocs.org/A/72/332> accessed 3
October 2022.
77
Chapter
As a result of several factors, namely Israel’s refusal to cooperate, several internal disputes
among its members, and the international community’s unwillingness to support it in the
fulfillment of its excessively wide and contradictory mandate, the UNCCP effectively ceased
its functions by the mid-1950s. Although it was never officially abolished, the UNCCP ceased
making any meaningful efforts to uphold its protection mandate. To this day, the only report
produced by the UNCCP is a one-page document, published annually, which states that, “it
has nothing new to report”.364 No alternate entity has been established or mandated to replace
the UNCCP in order to provide protection and facilitate durable solutions to Palestinian
refugees. Palestinian refugees have thus been left, uniquely, without any agency mandated to
ensure legal protection of their basic rights as refugees.
3
The objective of the agency therefore gradually shifted from the realization of repatriation
for Palestinian refugees to gathering information on refugee property in what is now called
Israel, and investigating the possibility of compensation.359 To this end, a UNCCP sub-office
designed to investigate compensation alternatives was created by the General Assembly with
the passage of Resolution 394 (V) in 1950.360 While records collected by the UNCCP continue
to provide the most comprehensive database of Palestinian property to date, the creation
of the sub-office marked a significant change in policy, and signaled “the beginning of the
demise of [the UNCCP] as anything but a symbol”.361 In 1951, the agency officially reached
the conclusion that it was unable to fulfill its mandate.362 The rights affirmed in UNGA
Resolution 194 (III) were repeatedly deferred in light of what the Commission came to view
as the practicalities on the ground, i.e. Israel’s opposition to the return of the refugees.363
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