difficulties in switching land and property into their names, and acquiring formal
paperwork to this effect.
Palestinians
Core international and regional conventions and law
40. Palestinians in Syria face many of the same risks as others as a result of the civil war;63
yet Palestinian refugees are even more vulnerable due to their pre-existing refugee
status and statelessness.64 Unlike many Palestinians in other countries in the region,
such as Jordan, those in Syria have not acquired any other citizenship, and so are
stateless under international law.65 Lack of local safeguards and protection, combined
with the lack of regional and international protection mean that Palestinians are one of
the most vulnerable groups.
41. In Syria, Palestinian refugees fall under the mandate of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA).Traditionally, UNRWA
was not considered an actor with a protection mandate, instead primarily providing
social and development services (food, rent assistance, education and employment
opportunities, etc.) to refugees.66 Moreover, due to the existence of UNRWA, UNHCR is
not mandated to provide refugee protection services to Palestinian refugees in Syria.
67
This results in a ‘protection gap’, whereby Palestinians are excluded from UNHCR
protection but then not afforded the same level of protection by UNRWA.68
42. Moreover, the Casablanca Protocol does not provide a right to naturalisation for
Palestinian refugees in Syria and other Arab states.69 However, neither does it explicitly
state that Palestinian refugees residing in Arab states are not entitled to naturalisation.
63 As with other people in Syria, Palestinians face risks of “detention and forced disappearances, torture and
executions, displacement and siege”. Tom Rollins, “Syria’s Palestinians: A new Nakba,” March 2021, p. 10,
available at: https://mcusercontent.com/fbd4f0a24885246c0518468cc/files/81c1153a-7b33-4e9a-9f7179676ff00f19/Syria_s_Palestinians_1.pdf.
64 Tom Rollins, “Syria’s Palestinians: A new Nakba,” March 2021, p. 10, available at:
https://mcusercontent.com/fbd4f0a24885246c0518468cc/files/81c1153a-7b33-4e9a-9f7179676ff00f19/Syria_s_Palestinians_1.pdf.
65 Francesca Albanese & Lex Takkenberg, Palestinian Refugees in International Law (Oxford University Press,
2020).
66 However, UNRWA has recently employed protection staff responsible for border monitoring etc; but its
protection services still remain very limited, and significantly do not include resettlement.
67 According to Article 1(d) of the 1951 Convention Relating to the Status of Refugees and Article 1, 2(i) of the
1954 Convention Relating to The Status of Stateless Persons, these conventions shall not be applied to
Palestinian refugees registered and located in the five working areas UNRWA, including Syria. However, when
they are, for any reason, unable to get the assistance (as is the case in Syria) these persons shall ipso facto be
entitled to the benefits of these Conventions. However, this is not the case in practice.
68 Tom Rollins, “Syria’s Palestinians: A new Nakba,” March 2021, p. 12, available at:
https://mcusercontent.com/fbd4f0a24885246c0518468cc/files/81c1153a-7b33-4e9a-9f7179676ff00f19/Syria_s_Palestinians_1.pdf.
69 League of Arab States, Protocol for the Treatment of Palestinians in Arab States (Casablanca Protocol), 11
September 1965, available at: https://www.refworld.org/docid/460a2b252.html.
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