Back to Contents 2. History of UNRWA and its mandate 2.1. How did UNRWA’s30 mandate evolve to this date? A 2022 report by Badil Resource Center and the European Network on Statelessness describes the limits of UNRWA’s mandate especially regarding the agency’s means to protect Palestine refugees: “The UN established UNRWA in 1949, with a mandate to assist Palestine refugees. UNRWA is primarily a humanitarian relief institution, operating with a limited geographical remit. Its mandate has subsequently been extended to include some protection activities; however, as discussed below, these are limited and do not include seeking durable solutions for Palestinians. [...] Although UNRWA’s role is mainly humanitarian assistance, the Agency engages in some work it designates as protection work and adopted a protection policy in 2012. [...] UNRWA clarified its mandate and the services it provides in a letter to UNHCR in September 2021, stating that UNRWA services consist mainly of education; primary healthcare; relief and social services; infrastructure and camp improvement; microcredit; and emergency assistance, including in situations of armed conflict. This letter further states that UNRWA ‘contributes to the protection of Palestine refugees both through its service delivery and by advocating for their rights with relevant stakeholders.’ It further confirms, however, that: ‘UNRWA does not have a mandate to seek durable solutions for Palestine refugees.... UNRWA does not manage refugee camps and is not responsible for protecting the physical safety or security of Palestine refugees or maintaining law and order.... [UNRWA] cannot guarantee any individual’s physical security. Registration with UNRWA ... does not confer any legal status, nor does it operate as a form of personal identification, proof of nationality or lack thereof. (p. 3)’” (Source: Badil Resource Center and European Network on Statelessness: “Palestinians and the Search for Protection as Refugees and Stateless Persons”, June 2022, p. 6) In a joint report published in 2022, the Badil Resource Center and the European Network on Statelessness wrote about the history of UNRWA: “While UNRWA’s protective work has evolved over the years, as noted above, UNRWA does not have a mandate to work towards durable solutions nor does it provide a protective legal status (such as refugee status) to the refugees it serves. Thus, UNRWA does not offer protection in the sense in which that term is normally used in international refugee law. This means that Palestinian refugees who are excluded from the benefits of the 1951 Convention under Article 1D are less protected than refugees who fall within UNHCR’s mandate, which includes granting refugee status, advising governments on the correct way to determine refugee status, monitoring cessation, cancellation and revocation of refugee status, referring for resettlement, facilitating local integration, and/or facilitating repatriation.” (Source: Badil Resource Center and European Network on Statelessness: “Palestinians and the Search for Protection as Refugees and Stateless Persons”, June 2022, p. 6) In a chapter of the book ‘Refugee Law’, authored by Colin Yeo, a specialist immigration and asylum barrister, the history of how UNRWA came to be established is briefly summarised: “In 1948, the conflict in Palestine and the foundation of the state of Israel caused the displacement of around 750, 000 Palestinian Arabs. The United Nations, having precipitated the crisis with a plan for partition of the territory, appointed an official mediator and then recognizing that the displaced Palestinians were refugees, created a temporary 30 The United Nations formed the United Nations Conciliation Commission for Palestine (UNCCP) in December 1948 to safeguard Palestine refugees and to provide protection and promote a durable solution. UNGA Resolution 194 (III), Palestine - Progress Report of the United Nations Mediator, 11 December 1948, A/RES/194, para. 11. By 1951, the UNCCP had informed the General Assembly, and began noting on an annual basis, that it was unable to find a means of achieving progress in the implementation of paragraph 11 of Resolution 194 (III). UNHCR, Guidelines on International Protection No. 13: Applicability of Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian Refugees. December 2017, p. 2 2. History of UNRWA and its mandate 24