Explanation (3)7
A special protection framework was designed for Palestinian refugees
to ensure they enjoy adequate and active protection and to resolve their
situation as soon as practicable. This was a result of the UN having
recognized its role in creating the Palestinian refugee situation by
adopting Resolution 181 of 1947, which recommended the partition of
Palestine within the borders of the British Mandate. It was also due
to the Arab states refusal to include Palestinian refugees within the
existing international protection regime, which was impaired by gross
imbalances at the time.
Accordingly, the UNCCP was established under Resolution 194.
The UNCCP mandate provided for the protection of the legal right
of Palestinian refugees to reparations (being return, restitution, and
compensation, and resulting in economic and social rehabilitation).
However, its mandate was impeded by Israel’s rejection. As a result
of the recommendation of the UN Economic Survey Mission for the
Middle East, UNRWA was established under Resolution 302 of 1949,
as a temporary agency mandated to secure humanitarian aid, relief and
work to Palestinian refugees in the areas where they were concentrated,
including Palestinian IDPs in the area that became Israel in 1948.
However, Palestinian IDPs were excluded from the UNRWA mandate
in 1952, after Israel had pledged to maintain their rights. At the time,
the international community recognised the possibility that refugees
might cease to enjoy protection from the UNCCP or UNRWA. Hence,
the UNGA mandated UNHCR (the UN agency responsible for all
other refugee populations) to intervene and bridge the protection gap
in accordance with the provisions of Article 1D of the 1951 Refugee
Convention and Article 7C of the UNHCR Statute.
From its inception, the UNCCP composition was seriously flawed. The
Commission consisted of just three countries: the USA, France, and
Turkey, and unlike other UN organizations and agencies, it was not
7
See BADIL, Closing Protection Gaps, Handbook on protection of Palestinian
Refugees in States Signatories to the 1951 Refugee Convention, Second Edition,
Chapter 1, 1-40, available at: http//:badil.org/phocadownloadpap/badil-new/
publications/Handbook-art1d/Art1D2015-Handbook.pdf
9
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