financial system, impose conditions on its contributions, and/or
prevent the expansion of its mandate, protection responsibilities
and geographic coverage.
Explanation (4)11
When it was established, UNRWA was mandated to provide
humanitarian aid to Palestinian refugees and IDPs in the areas where
they were concentrated. It would serve as an international agency
with a limited legal, temporal and geographic mandate. As mentioned,
unlike the UNCCP, UNRWA’s mandate does not encompass all
Palestinian refugees. At the time, the temporary status of UNRWA was
justified inasmuch as the established principle was the application of
Resolution 194, which the UNCCP had been mandated to implement.
At the time, it was assumed that the Palestinian refugee and IDP issue
would be resolved through return “at the earliest practicable date”, as
per Resolution 194. Therefore, states determined that their voluntary
contributions to UNRWA’s General Fund would suffice. As such, it
can be argued that UNRWA’s mandate and mode of financing have
been flawed since the Agency’s establishment. More over, without the
implementation of UN Resolution 194, the international community is
obligated to continue its financial and political support to UNRWA and
the only way this obligation to UNRWA ceases is when Resolution 194
is fulfilled.
UNRWA’s flawed establishment and mandate resulted in a structurally
deficient temporary agency with limited powers and unstable
budget. Additionally, UNRWA’s definition of ‘Palestine refugee’ was
developed for practical purposes and related only to the individual’s
need for assistance. This definition deficiency compounded over the
years, allowing for the exclusion of categories of refugees and IDPs,
11
12
BADIL, Understanding the Political underpinnings of UNRWA’s Chronic Funding
Crisis, Bulletin No 27, available at: http://www.badil.org/phocadownloadpap/
Badil_docs/bulletins-and-briefs/bulletin-no27-unrwa-financial-crisis.pdf;
Common Space Initiative, The Ongoing UNRWA Crisis: Contexts, Dimensions,
Prospects and Responses, Policy Dialogue Series- Lebanese – Palestinian Relations,
Prepared by Jaber Suleiman, Al-Zaytouna Center for Studies & Consultations,
August 2018, p. 6, available at: http://www.badil.org/phocadownloadpap/badilnew/resources/docs/individuals/unrwa-crisis-lebanon-en.pdf
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