not fit under the individualized criteria of refugee in the Refugee Convention.234
Third, at a time when the international community was engaged in efforts to
resolve a multitude of refugee problems in post-World War II Europe on the
basis of resettlement in third states, Arab states were concerned that unless
Palestinian refugees remained the responsibility of special United Nations
attention, the international support required for their rapid repatriation to
homes and properties in accordance with United Nations General Assembly
Resolution 194(III) (1948) would dwindle and Palestinians would fall into the
general resettlement-focused regime of the Refugee Convention.
The General Assembly initiated the drafting of the 1951 Refugee Convention
in February 1946, when the Assembly referred the problem of refugees and other
displaced persons to the Economic and Social Council of the United Nations for
consideration, recommending that the principle of the refugees’ early return to their
countries of origin be taken into consideration.235
Debate in the early drafting stages of the 1951 Refugee Convention focused on
the need to exclude Palestinian refugees living in the Arab world from UNHCR’s
mandate and the benefits of the 1951 Refugee Convention because they were the
subject of special United Nations attention. In the final stages, however, the discussion
focused on ensuring continuity of protection so that these refugees would retain
their refugee status in the event that protection under the special United Nations
regime ceased, in order to foreclose the possibility that Palestinian refugees would
become permanently excluded from the scope of the Convention. The objective of
the inclusion clause in Article 1D(2) was thus to ensure continuity of protection
for Palestinian refugees (i.e., “[…] how their protection was to be ensured”).236
234
The magnitude of the problem was highlighted by the representative of Saudi Arabia (Mr. Baroody)
during the discussion in the Third Committee of the General Assembly. United Nations General
Assembly Official Records, fifth session, Third Committee, 328th meeting, 27 November 1950,
para. 49: “The second [peculiarity of the Palestinian problem] was the fact that no other group of
refugees constituted such a high percentage of the total population as did the Palestine refugees:
some 700,000 to 800,000 – that is, 60 to 70% – of the total of 1,250,000 Palestine Arabs were living
outside their homeland.”
235
UN General Assembly, “Resolution 8(I): Question of Refugees,” February 12, 1946, para. c(iii),
UN Doc. A/RES/8(I): “the main task concerning displaced persons is to encourage and assist in
every way possible their early return to their countries of origin.” This Resolution and most of the
documents referred to in the following footnotes are published in Alex Takkenberg and Christopher
C. Tahbaz, Travaux Preparatoires: The Collected Travaux Preparatoires of the 1951 Geneva
Convention Relating to the Status of Refugees (Dutch Refugee Council, 1989), vols. I, II, III, IV.
236
For an elaboration on the objectives of the amendment, including extending the Convention’s
scope of protection or assistance to Palestinians and the United Nations’ role in creating the
Palestinian refugee problem, see UN General Assembly, “Conference of Plenipotentiaries on the
Status of Refugees and Stateless Persons, Summary Record of the Second Meeting, 2 July 1951,”
July 20, 1951, 22, UN Doc. A/CONF.2/SR.2; UN General Assembly, “Conference of Plenipotentiaries
on the Status of Refugees and Stateless Persons, Summary Record of the Third Meeting, 3 July
1951,” November 19, 1951, 10, UN Doc.A/CONF.2/SR.3; UN General Assembly, “Conference of
Plenipotentiaries on the Status of Refugees and Stateless Persons, Summary Record of the TwentyNinth Meeting, 19 July 1951,” November 28, 1951, 6, UN Doc. A/CONF.2/SR.29. See also BADIL,
Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States Signatories to
the 1951 Refugee Convention, 75–83.
The 1951 Refugee Convention and Article 1D
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