3.3.1. UNCCP
Established under General Assembly Resolution 194 (III) of 11 December 1948,353 the
UNCCP held a dual mandate: to seek conciliation between the parties of the ‘Arab-Israeli
conflict’, and to provide protection to Palestinian refugees worldwide. This duality has
profoundly informed the UNCCP’s inaction in the years since its establishment. The inherent
contradiction between the two objectives of its mandate eventually led the agency to move
away from refugee protection in favor of issues that were less contentious between the parties.
Regarding protection, paragraph 11 of UNGA Resolution 194 entrusted the UNCCP to
protect the refugees’ most compelling concerns on the basis of the principle of voluntariness–
that is, repatriation (or return), property restitution, and payment of compensation for all
losses suffered.354 In the early years of operation, many of its activities were similar to the
protection functions carried out by UNHCR in other refugee situations. Initially, the UNCCP
attempted to persuade Israel to recognize the validity of the right of refugee repatriation.
Israel offered a limited repatriation of around 100,000 refugees – an offer that came only
in response to American pressure and in the context of Israel’s pending membership to the
United Nations. The offer was officially retracted in 1951.355
The UNCCP additionally called for the repeal of the 1950 Absentees’ Property Law, a
discriminatory law that continues to this day to confer legitimacy to Israel’s illegal expropriation
of Palestinian refugee and IDP property.356 It also aimed to work towards the suspension
of all measures by which Palestinian houses have been illegally acquired and occupied, the
unfreezing of waqf property (property endowed for religious purposes under Islamic law),357
and the facilitation of refugee access to blocked saving accounts and assets in banks that had
come under the jurisdiction of Israel.358 Despite these efforts, the Israeli government and the
Israeli Custodian of Absentees’ Property retained a significant portion of the monetary value
of accounts and assets through the imposition of taxes and administration fees on Palestinian
refugees’ properties.
353
UNGA Res 194 (III) (n 317).
Paragraph 11 reads that the UNGA “resolves that the refugees wishing to return to their homes and live at peace
with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be
paid for the property of those choosing not to return and for loss of or damage to property which, under principles
of international law or in equity, should be made good by the Governments or authorities responsible; and Instructs
the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the
refugees and the payment of compensation […]”. See UNGA Res 194 (III) (n 317), para 11.
355
David P. Forsythe, United Nations Peacemaking: The Conciliation Commission for Palestine (Johns Hopkins University Press
1972), 70.
356
Absentees’ Property Law (1950) 5710 <https://www.un.org/unispal/document/auto-insert-209845/> accessed 3
October 2022.
357
UN Conciliation Commission for Palestine (UNCCP), ‘Work of UNCCP on refugee problem – Conciliation
Commission report’ (18 April 1950) UN Doc. A/AC.25/CCP.RWA/2, para 43 <https://www.un.org/unispal/
document/auto-insert-211877/> accessed 3 October 2022.
358
Laura Reanda, ‘The Work of the United Nations Conciliation Commission for Palestine’ in ‘International Conference on
Palestine Refugees (Paris, 26-27 April 2000)’ (2000) <https://www.un.org/unispal/document/auto-insert-209960/>
accessed 3 October 2022.
354
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