“[t]his Convention shall cease to apply to any person falling under the terms of
section A if […].” Consequently, a literal interpretation of Article 1C would render
it inapplicable to Article 1D Palestinian refugees, since they constitute a special
group whose refugee status was attributed by relevant UN resolutions – namely,
UN General Assembly Resolutions 194 (III), of 1948, and 2252 (ES-V), of 1967,
as acknowledged in paragraph 10 and 11 of the Draft – and not “under the terms
of section A.” Nevertheless, such literal reading does not correspond to the reality
of numerous Palestinian refugees who, having acquired the nationality of their
country of asylum and falling under that country’s protection, no longer need the
protection of the 1951 Convention. Still, the acquisition of a new nationality does
not nullify Palestinian refugees’ right to return to their homes – a right asserted both
in Resolution 194 (III)281 and in Resolution 2252 (ES-V)282 – as well as their right to
reparations.283
According to Article 1E, the 1951 Refugee Convention shall not apply to a person
recognized by competent authorities of the country in which he or she has taken
residence as having the rights and obligations which are attached to the possession
of the nationality of that country. Whether or not a Palestinian refugee has obtained
that status must be assessed on a case-by-case basis. One factor that should be taken
into consideration is that Palestinians are generally not protected against expulsion
from the Arab countries in which they have taken up residence.
If a Palestinian refugee falls within the scope of Article 1F of the 1951 Convention,
he or she is considered not to be deserving of international protection, and the
provisions of the Convention shall not apply to him or her.284
2.1.2. Exclusion Clause (first paragraph) and Inclusion Clause (second
paragraph) of Article 1D
A Palestinian refugee falling within the scope of Article 1D, and to whom 1E and
1F do not apply, may fall within the ambit of either the first paragraph (‘exclusion
clause’) or the second paragraph (‘inclusion clause’) of Article 1D. Assessment of
this matter will determine whether, according to international law, that person is
entitled to protection under the special regime available for Palestinian refugees, i.e.,
UNRWA assistance and Arab host country protection; or under the general regime,
i.e., protection by UNHCR and states signatories to the 1951 Refugee Convention.
Paragraphs 7 and 8 of the 2009 UNHCR Revised Note deal with this question
from a geographical perspective, i.e., in terms of residing within or outside UNRWA’s
area of operations:
(7): If the person concerned is inside UNRWA’s area of operations, he or she
281
UN General Assembly, “Res. 194(III),” para. 11.
UN General Assembly, “Res. 2252 (ES-V),” para. 1(d).
283
UN General Assembly, “Res. 194(III),” para. 11.
282
54
284
UNHCR, “Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of
the 1951 Convention Relating to the Status of Refugees,” September 4, 2003, HCR/GIP/03/05.
Handbook on Protection of Palestinian Refugees
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