The Assembly recommended inter alia that the Committee of Ministers should
call on Council of Europe member states:
1.
[T]o review their policies in respect of Palestinian asylum-seekers, with
a view to effectively implementing United Nations High Commission for
Refugees’ (UNHCR) new guidelines published in 2002 on the applicability
of the 1951 Convention relating to the Status of Refugees;
2.
to ensure that where Palestinian refugees are legally recognized, they should
be entitled to all benefits of socio-economic rights, including family reunion,
normally accorded to recognized refugees in these member states.
3.
to include the information on Palestinian origin in the statistics concerning
asylum-seekers and refugees;
4.
to contribute to the international debate on durable solutions offered to
the Palestinian refugees, and encourage as well as commission political
and academic research and studies concerning refugee problems and
compensations.370
The Council of Europe thus advocates an interpretation of Article 1D as
recommended by UNHCR, including recognition of refugee status ipso facto if
Palestinian refugees leave UNRWA’s area of operations.
2.4. European Council on Refugees and Exiles (ECRE)
The European Council on Refugees and Exiles (ECRE) is the umbrella organization
for seventy-seven refugee-assisting agencies in thirty countries working towards
fair and humane treatment of asylum seekers and refugees. ECRE has adopted a
position on the interpretation of Article 1 of the 1951 Refugee Convention which
recommends, with regard to Article 1D, that:
Article 1D should not be invoked to exclude a refugee unless it can be shown
that the United Nations agency which is mandated to take care of the person has
both an assistance and a protection mandate and is able to fulfil these responsibilities
in practice. In particular, as a refugee will, by definition, be outside the area of the
agency’s mandate the asylum determination authorities must prove that the refugee
can return to the agency’s area of competence.371
ECRE’s interpretation addresses solely the issue of Article 1D as an exclusion
clause (first paragraph of Article 1D) and does not discuss the issue of automatic
inclusion (second paragraph).
370
371
70
Ibid., para. 10.
European Council on Refugees and Exiles (ECRE), “Position on the Interpretation of Article 1 of the
Refugee Convention,” September 2000, para. 68, http://www.ecre.org/component/downloads/
downloads/136.html. See also Committee of Ministers of the Council of Europe, “Situation of
Palestinian Refugees Parliamentary Assembly Recommendation 1612 (2003) - Reply Adopted by
the Committee of Ministers on 4 December 2003 at the 864th Meeting of the Ministers’ Deputies,”
December 4, 2003, https://wcd.coe.int/ViewDoc.jsp?id=96945&Site=COE.
Handbook on Protection of Palestinian Refugees
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