property/funds in home countries (the rights set out in the Refugee
Convention are the minimum), and finding a durable solution;
·
Material security – ensuring the well-being of refugees, by
guaranteeing their human dignity and equal access to basic needs
and services.
IDPs are only partially covered by the Refugee Convention and its Protocol
since, unlike refugees, they have not crossed an international border.
However, considering that they have many of the same protection needs as
refugees, some principles of refugee law are applicable to IDPs by analogy.
The legal framework applicable to IDPs is provided by the UNHCR Guiding
Principles.162 The Principles reflect and are consistent with principles of
customary international law163 and have been widely accepted by states,
international organizations and NGOs.164
In the case of Palestinian refugees and IDPs, the unique characteristics
of their situation and the role played by the United Nations in generating
their displacement (among other factors), led to the establishment of a
separate, disjointed, and ultimately deficient protection regime. Due to
misinterpretations of Article 7 of the UNHCR Statute and Article 1D of the
Refugee Convention, the majority of Palestinian refugees and IDPs do not fall
under the UN’s “universal” scheme.165 Only a narrow group of Palestinians
currently fall under UNHCR’s mandate; the rest are subject to the alternative
framework for protection and assistance established under the United Nations
Conciliation Commission for Palestine (UNCCP) and the United Nations Relief
Works Agency for Palestine Refugees (UNRWA).166
United Nations Conciliation Commission for Palestine (UNCCP)
The UNCCP was established by UN Resolution 194, with the aim of assisting
governments and authorities in achieving a final settlement of the Arab-Israeli
conflict. The objective of the UNCCP included finding a durable solution
162 UNHCR, Guiding Principles, supra note 5.
163 Walter Kälin, “The Guiding Principles on Internal Displacement as International Minimum Standard
and Protection Tool”, Refugee Survey Quarterly, 24, No.3 (2005): 27-36.
164 See, for instance, the statement by the German Federal Government, 7th Human Rights Policy Report,
17th June 2005, 97-98, available at https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_rul_
rule131_sectionb [accessed 27 Jul 2018].
165 See, BADIL, “Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention,” February 2015, available at: http://www.badil.org/
phocadownloadpap/badil-new/publications/Handbook-art1d/Art1D-2015Handbook.pdf
166 BADIL, Survey 2013-2015, supra note 6, 72-79.
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