a) While all other refugees fall within UNHCR’s mandate, a special protection
and assistance regime composed of UNCCP, UNRWA and UNHCR was
established for Palestinian refugees;
b) While the status of other refugees is determined under Article 1A(2) of the
1951 Refugee Convention, a different and separate analysis based on Article
1D of the same Convention applies in determining Palestinian refugees’ status.
Since the demise of the UNCCP some 40 years ago (further explained below),
however, only two United Nations agencies (UNRWA and UNHCR)have been
providing Palestinian refugees with protection and assistance. The mandates of
UNRWA and UNHCR are geographically separated so that Palestinian refugees
fall under UNRWA’s mandate when living in UNRWA’s area of operations– i.e.,
Lebanon, Jordan, Syria, Gaza Strip and West Bank– and under UNHCR’s mandate
when living in countries outside that area.
However, UNRWA’s lack of a specific protection mandate results in a protection
gap for Palestinian refugees living in UNRWA’s area of operations. Moreover, the
search for durable solutions for all Palestinian refugees remains unresolved, while
there is no international agency actively pursuing that quest. These questions,
however, while being matters of ongoing concern and debate among Palestinian
refugees, United Nations agencies and academia, are beyond the scope of this
Handbook and will not be further addressed.155
Palestinian asylum claims in states that are signatories to the 1951 Refugee
Convention raise two major issues:
155
•
UNRWA’s mandate of humanitarian assistance has never included an explicit
authorization of international protection. Despite various measures that
have incorporated aspects of international protection in the field – many
commended as such by the General Assembly – UNRWA’s mandate does
not include intervention for durable solutions for Palestinian refugees. Thus,
UNRWA cannot provide full international protection for Palestinian refugees
in Arab host states, nor in the occupied Palestinian territory;
•
UNRWA’s registration and services are tied to recognition of certain categories
of ‘Palestinian refugees’ and ‘displaced persons’, but are not available to the
entire population of Palestinian refugees covered by UNGA Res. 194. While
registration with UNRWA can serve as an indicator of refugee status under
Article 1D of the 1951 Refugee Convention, such registration does not imply
that the person enjoys protection in their first country of refuge.
For more information, see Summary of Proceedings from the BADIL Expert Seminar entitled “Closing
the Gaps: From Protection to Durable Solutions,” hosted by the al-Ahram Center for Strategic and
Political Studies, Cairo, 5-8 March 2004.See also BADIL Resource Center for Palestinian Residency
and Refugee Rights, Survey, 2010-2012, vol. VII, chap. 2.
The Palestinian Refugee Problem: An Overview
27
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