•
•
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“normal place of residence” indicates that the refugees were residing in that territory for the
indicated two-year period immediately preceding 15 May 1948;189
“who lost both home and means of livelihood” indicates that applicants should show loss of
both to be considered genuine Palestine refugees. Those who lost their livelihoods, but not their
homes were not allowed to register as refugees;190
The language “as a result of the 1948 conflict” is meant to include not only Palestinians who
left after 15 May 1948, but also Palestinians who: a) left Palestine before 1948, i.e., after the
United Nations Partition Resolution 181(II); b) who became refugees up until June 1952 when
UNRWA completed its census; and c) were temporarily outside Palestine for some reason (e.g.,
for work, trade, study or medical treatment), and were unable to return to Palestine as a result
of the 1948 conflict.191
UNRWA is the lead international agency mandated to assist Palestine refugees in
five geographical areas of operations (Syria, Lebanon, Jordan, the West Bank and the
Gaza Strip) with humanitarian assistance in the form of education, health and relief
and social services.192 The Agency does not hold an explicit mandate to protect or
promote durable solutions for Palestine refugees. In principle, primary responsibility
for protection of the Palestinian refugees in the Agency’s area of operations lies with
the Arab host governments in Lebanon, Syria and Jordan, and with Israel as the
Occupying Power in the occupied Palestinian territory.193
UNRWA was established in 1949 to complement the work of the UNCCP by
providing relief to Palestinian refugees.194 Based on the expectation that the plight
of the refugees would soon be resolved in accordance with the framework set forth
in United Nations General Assembly Resolution 194(III), UNRWA was accorded
a short-term mandate,195 which has been extended on a regular basis by the United
Nations General Assembly due to the lack of durable solutions for Palestinian
189
Ibid.
However, some Palestinians who were living on the borders of the part of Palestine that became
Israel and lost their livelihood, but not their homes, because they used to own land or work in that
area, were registered with the Agency because they were in need of assistance. These people are
referred to as “Frontier villagers, Poor Gaza, Poor Jerusalem and compromise cases in Lebanon.”
See Ibid., footnote 2. Today, these Palestinians are still registered with UNRWA, although they
are not refugees. According to UNRWA, in 2003, the numbers of these Palestinians and their
descendants were as follows: Frontier villagers (55,299), Jerusalem Poor (7,821), Gaza Poor (7,821)
and compromise cases in Lebanon (2,179).
191
Ibid. This definition excludes Palestinians who emigrated and took up permanent residence in
other countries prior to the start of the 1948 conflict.
192
UNRWA’s assistance activities are described in detail on UNRWA’s website and in UNRWA’s annual
reports; see: http://www.unrwa.org. See also BADIL Resource Center for Palestinian Residency and
Refugee Rights, Survey, 2010-2012, vol. VII, chap. 2 and 3.
193
With regard to protection in the oPt, the Norwegian authorities, for example, had concluded
that the Palestinian Authority is unable to protect Palestinians living in that area. Palestinians
registered with UNRWA in the West Bank and Gaza Strip were therefore entitled to recognition of
refugee status under Article 1(D). See BADIL, Closing Protection Gaps: A Handbook on Protection of
Palestinian Refugees in States Signatories to the 1951 Refugee Convention, 206–207. Since 2009,
however, Norwegian practice toward Palestinian refugees has changed (see Norway’s profile in
Chapter Three, Section 4).
194
UN General Assembly, “Res. 302(IV),” para. 7.
195
All relief and works operations were to be terminated by the middle of 1951 (ibid., para. 6).
190
34
Handbook on Protection of Palestinian Refugees
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