Advocacy Briefing: Palestinians and the search for protection as refugees and stateless persons in Europe Conclusion and recommendations Our research has shown that there is an urgent need for more reasoned and fairer decisions for Palestinians on their applications for refugee status or statelessness status in Europe. This includes a need for more and better information, awareness-raising, and capacity-building to address gaps in the international and national frameworks, and to provide clarity on mandates and access to protection. This should lead to more consistent decision-making by competent authorities and courts, and a harmonisation of protection for Palestinians across Europe, advancing an interpretation of international law that is aligned with human rights and the protective purpose of the 1951 and 1954 Conventions. Drawing on the research and consultation with experts, we make the following recommendations: European States should: • • • • • • • • Sign and accede to the 1954 and 1961 Conventions (where they are yet to do so). Enact and implement adequate, fair, and accessible procedures for refugee status determination (RSD) and statelessness determination (SDP) with procedural safeguards that enable Palestinians to access a right of residence and all other rights enshrined in the 1951 and/or 1954 Conventions. Establish in law that the burden of proof in SDP and RSD procedures should be shared between competent authorities and applicants and the appropriate standard of proof applied (i.e., ‘real risk’/’reasonable likelihood’). Enact laws to ensure that all children born stateless on the territory, including those born to Palestinian parents, acquire nationality in line with the 1961 Convention and remove all barriers to this (e.g., lack of a procedure to identify where a child born on the territory would otherwise be stateless, legal residence requirements, lack of access to legal advice, high fees, long delays, or dependence on the parents’ documentation or nationality status). Provide a facilitated route to naturalisation for Palestinian and other refugees and stateless persons on their territory (e.g., by removing fees and applying other exemptions), implementing Article 34 of the 1951 Convention and Article 32 of the 1954 Convention. Ensure that Palestinians, including those residing in UNRWA’s area of operations, can access resettlement programmes, including by accepting referrals from organisations other than UNHCR. Build the capacity of competent authorities through training, guidance, monitoring, and provision of relevant tools to support improved and more consistent decision-making on Palestinian cases, and ensure that Palestinians are registered as ‘stateless Palestinians’ in official records. Improve the recording of data on Palestinians so that data categories are harmonised, clearly defined, do not overlap, and provide accurate data on stateless populations within the country. European institutions should: • • Draft or update, and promote, regional guidance on effective protection for Palestinians as refugees and stateless persons, which should clarify: UNRWA’s mandate; conditions and rights in UNRWA’s area of operation; eligibility for inclusion under Article 1D; the protective purpose of the 1951 and 1954 Conventions; and that Palestinians are refugees and stateless persons for the purposes of international law. Produce and maintain adequate, up-to-date jurisprudence databases and country of origin information relevant to Palestinians for decision-makers and judges in refugee and statelessness status determination procedures, with the involvement of independent experts.