Handbook of Refugee and Forced Migration Studies
UNRWA and Palestinian Refugees
1], but the fact that a Member of the United Nations was preventing their return.’ (ibid, para 47).
As the Saudi delegate stated, ‘The Arab States desired that those refugees should be aided
pending their repatriation, repatriation being the only real solution of their problem . . . Pending a
proper settlement of the Arab-Israeli Conflict, the Palestine refugees should continue to be
granted a separate and special status’ (ibid, paras 52 and 62).
Third, the Arab delegates recognised the need to ensure that Palestinians would receive
protection and assistance until the agreed durable solution could be realised. When the second
sentence of 1D was later proposed, the Egyptian delegate stated: ‘Once the United Nations
assistance ceased, the Palestine refugees should automatically enjoy the benefits of the
Convention’ (UN Conference of Plenipotentiaries, 1951). The amendment, however, left
significant inconsistencies between the two sentences in the provision, and between Article 1D
and the UNHCR Statute.
Some conclusions can be drawn from this brief overview of the drafting history concerning the
key ambiguities in Article 1D. Article 1D does not include a definition of which refugees it
covers (or excludes), but its reference to ‘persons . . . at present receiving’ can only be
understood from the drafting history as incorporating the Res. 194(III) definition of ‘Palestine
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