or agencies of the United Nations other than the United Nations High Commissioner
for Refugees.”134
5. The Framework for Durable Solutions135
Given the massive scope and collective character of Palestinian displacement
prior, during and immediately after the 1948 War, the United Nations called for
a durable solution for 1948 Palestinian refugees as a group, affirmed their rights
to return, restitution of properties and compensation, and established voluntary
repatriation as the primary durable solution for Palestinian refugees. United Nations
General Assembly Resolution 194(III), paragraph 11, of 11 December 1948 reads:
Resolves that refugees wishing to return to their homes and live in peace with
their neighbors should be permitted to do so at the earliest practicable date,
and that compensation should be paid for the property of those choosing not
to return and for loss of or damage to property which, under principles of
international law and equity, should be made good by the Governments or
authorities responsible;
Instructs the Conciliation Commission to facilitate the repatriation,
resettlement and economic and social rehabilitation of the refugees and the
payment of compensation, and to maintain close relations with the Director of
the United Nations Relief for Palestine Refugees and, through him, with the
appropriate organs and agencies of the United Nations[.]136
Those paragraphs set forth a clear hierarchy of solutions for Palestinian refugees.
The primary durable solution for Palestinian refugees is return, housing and property
restitution, and compensation for loss of or damage to property. United Nations
General Assembly Resolution 194(III) does not “resolve” that Palestinian refugees
should be resettled. Rather, refugees who choose not to exercise the rights set forth
in paragraph 11(a) may opt for local integration in the host state or resettlement in
third countries, as well as housing and property restitution, and compensation as
delineated in paragraph 11(b). Thus, the main consideration in the integration or
UN General Assembly, Convention Relating to the Status of Stateless Persons, 1954, http://www.
unhcr.org/3bbb25729.html, Article 1(2)(i). Paragraph (2)(i) of Article 1 of the 1954 Stateless
Persons Convention includes, in one single paragraph, the exclusion and inclusion clauses present
in Article 1D of the 1951 Refugee Convention. It excludes persons who are receiving protection
and assistance from UN agencies other than UNHCR but only “as long as they are receiving such
protection or assistance,” which can be understood as having the same meaning as the second
paragraph of Article 1D, which entitles those persons to the benefits of the convention “[w]hen
such protection or assistance has ceased for any reason.”
135
BADIL Resource Center for Residency and Refugee Rights, Survey of Palestinian Refugees and
Internally Displaced Persons 2003 (Bethlehem: BADIL Resource Center for Palestinian Residency
and Refugee Rights, 2004), chap. 6, http://www.BADIL.org/en/documents/category/35-publicatio
ns?download=137%3Asurvey03.
136
UN General Assembly, “Res. 194(III),” para. 11.United Nations General Assembly Resolution 194(III)
is annually affirmed by the United Nations since 1948. For example, see UN General Assembly,
“Res. 67/19,” 19.
134
The Palestinian Refugee Problem: An Overview
23
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