established as a UN operational body based on the principle of specialty.8
This effectively absolved international will to implement Resolution
194 in light of the deficient political will of its member states. In
other words, the (lack of) political will of the members of the UNCCP
impeded its functions and the organization could not independently
fulfil its mandate. This situation soon deteriorated exponentially in the
wake of the UNCCP’s expanding and multiple tasks, which eventually
overlapped with UNRWA’s functions. Combined with insufficient
resources, the UNCCP was transformed into a nominal body that was
functionally ineffective.9
For almost seventy years, this protection framework has failed due
to UNCCP’s ceased operations, UNRWA’s limited mandate, and
UNHCR’s failure to fulfil its obligations. As a result, the protection
framework designed especially for Palestinian refugees does not meet
the minimum international standards for protection.
4. Enabling UNRWA to fulfil its mandate is not
charity, but an international responsibility
a)
b)
c)
8
9
10
UNRWA is mandated to provide humanitarian aid, which is
one of the three pillars of the comprehensive protection (legal,
humanitarian and physical). However, the Agency’s mandate is
limited as it is not permitted to intervene with states to ensure
respect for refugees’ rights, to protect refugee and IDP properties
in their country of origin, nor to provide durable solutions.
UNRWA, its mandate, tasks and mode of financing that relies
on voluntary contributions (as set by the UNGA), was originally
designed to serve in the short-term. Its mandate fails to address
a protracted refugee situation lasting over 70 years, and the
multiplying number and increasing needs of the Palestinian refugee
population.
In spite of the systematic reduction of services, Palestinian
The principle of speciality refers to the UN’s authority to establish organizations
and agencies with a specific operational mandate that represents the common and
collective will of its member states.
BADIL, Terry Rempel, the UNCCP Brief, supra note 2.
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