3.3. Separate Protection Framework for Palestinian
Refugees: Content and Structure
In addition to this, the travaux préparatoires of the Refugee Convention show that the Arab
delegations insisted on the insertion of a clause (Article 1D) that was intended to complement
the provision contained in the UNHCR Statute. As a result, Article 1D establishes that:
“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”.351
In light of the drafting history, and given the purpose that this provision was intended
to fulfill, the meaning of the word “or” is that those refugees who are not receiving either
protection or assistance are to be covered by the alternative protection scheme of the Refugee
Convention. The end of effective protection is the crucial event that triggers the applicability
of the inclusion clause. For Palestinian refugees and IDPs, that effective protection ended
with the cessation of the UNCCP’s protection activities, as explained in section 3.4.1 below.
Given that UNRWA’s mandate was to ensure assistance, and the UNCCP’s mandate was
to ensure protection, it follows that the function of Article 1D was to ensure that if for
some reason either of these agencies failed to exercise its role before a final resolution of
the refugee situation, that agency’s function was to be transferred to the UNHCR, and
the Refugee Convention would fully and immediately apply without preconditions to the
Palestinian refugees.352
350
UNHCR Statute (n 327), art 7.
Refugee Convention (n 330), art 1D.
352
BADIL, Closing Protection Gaps (n 3), 73; Susan Akram, ‘Reinterpreting Palestinian Refugee Rights Under International
Law, and a Framework for Durable Solutions’ (2000) 1 BADIL Brief, 4 <https://badil.org/phocadownloadpap/
Badil_docs/bulletins-and-briefs/Brief-No.1.pdf> accessed 3 October 2022>.
351
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Chapter
“The competence of the High Commissioner […] shall not extend to a person […]
who continues to receive from other organs or agencies of the UN protection or
assistance”.350
3
A main aspect of the separate protection regime for Palestinian refugees is that they are
excluded from the UN’s ‘universal’ scheme for international protection that was elaborated
upon above. This is largely due to the position advocated for by Arab states during the drafting
of the Refugee Convention to keep Palestinian refugees under the responsibility of special
UN agencies (UNCCP and UNRWA). Consequently, the UNHCR Statute was amended with
Article 7(c) stipulating that:
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