Refugees shall not apply to a person “who continues to receive from other organs
or agencies of the United Nations protection or assistance.”221The first sentence
of Article 1D of the 1951 Refugee Convention reads along similar lines, but 1D
incorporates a second sentence that does not appear in the UNHCR statute. Article
1D states:
This Convention shall not apply to persons who are at present receiving from
organs or agencies of the United Nations other than the United Nations High
Commissioner for Refugees protection or assistance.
When such protection or assistance has ceased for any reason, without
the position of such persons being definitively settled in accordance with
the relevant resolutions adopted by the General Assembly of the United
Nations, these persons shall ipso facto be entitled to the benefits of this
Convention.222
As indicated by the second paragraph of Article 1D, Palestinian refugees falling
within its scope do come within the competence of UNHCR when “protection or
assistance from other organs or agencies of the United Nations has ceased for any
reason, without the position of the refugees being definitively settled in accordance
with relevant resolutions of the UN General Assembly.”223
UNHCR has interpreted the above provisions to mean that: a) Palestinian refugees
receiving or entitled to receive assistance from UNRWA fall within UNHCR’s
regime whenever such “protection or assistance” has ceased due to “any objective
reason outside the control of the person concerned such that the person is unable to
(re-)avail themselves of the protection or assistance of UNRWA;”224 and b) UNHCR
does not have a mandate to provide international protection and to search for durable
solutions for all Palestinian refugees who fall within the scope of Article 1D, but
only for those that fall within its mandate.225 For a detailed analysis of UNHCR’s
interpretation of Article 1D, refer to section 2.1 of Chapter Two, p. 26.
UNHCR is mandated to carry out activities as outlined in its Statute in order
to ensure that refugees receive the protection to which they are entitled under
international law, including:
•
Promoting, through special agreements with governments, the execution of
any measures calculated to improve the situation of refugees and to reduce
the number requiring protection; and,
221
UN General Assembly, “Statute of the UNHCR.”
UN General Assembly, “Convention Relating to the Status of Refugees,” Article 1(D).
223
Ibid., Article 1D.
224
UNHCR, “2013 Note,” 4.
225
By referring to the “Palestinian refugees who fall within the scope of Article 1D”who fall under
UNHCR’s mandate, we mean those Palestinians who are brought under UNHCR’s mandate by the
inclusion clause in Article 1D – i.e., those who remain Article 1D refugees. Evidently, Palestinians
who present a well-founded fear of persecution can also fall under the protection of UNHCR,
under Article 1A(2); however, the following criteria do not concern such persons, but only those
Palestinians refugees who are brought under UNHCR’s regime by Article 1D, para. 2.
222
The Palestinian Refugee Problem: An Overview
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