more than a restricted repatriation and, later, no repatriation at all.170 In response
to that impasse, the United Nations General Assembly passed a series of measures
beginning in 1951 that “effectively terminated the UNCCP’s role of implementing
the durable solution of return and curtailed its role as intervenor with Israel (or other
states) to protect refugees’ rights and interests.”171 The result was that, by 1952,172
UNCCP’s activities were restricted to “gathering information on refugee property
in Israel and investigating the possibilities of compensation.”173 Accordingly, by the
early 1950s UNCCP reached the conclusion that it was unable to fulfill its mandate.174
The ability of UNCCP to protect and promote the legal rights of Palestinian refugees
was compromised by its mandated requirement to merge refugee protection with
the broader task of Arab-Israeli conciliation, combined with a lack of international
political will. The rights affirmed in United Nations General Assembly Resolution
194(III) were often deferred in light of what the Commission came to view as the
“practicalities on the ground,” i.e., Israel’s opposition to the return of Palestinian
refugees.175 Parallel UNCCP efforts toward resettling these refugees also failed,
as Arab host states and the refugees themselves were opposed to any form of
resettlement which did not include the option to return.176
There is some debate concerning whether UN Resolution 394(V),177 of 14 December
1950, reduced or actually expanded UNCCP’s mandate.178 The Resolution reads:
[The General Assembly:]
2. Directs the United Nations Conciliation Commission for Palestine to
establish an office which, under the direction of the Commission, shall:
(a) Make such arrangements as it may consider necessary for the assessment
and payment of compensation in pursuance of paragraph 11 of General
Assembly resolution 194 (III);
(b) Work out such arrangements as may be practicable for the implementation
170
Susan M. Akram and Terry Rempel, “Recommendations for Durable Solutions for Palestinians
Refugees: A Challenge to the Oslo Framework,” The Palestine Yearbook of International Law Online
11, no. 1 (2001): 20.
171
Akram, “Palestinian Refugees and Their Legal Status,” 42.
172
The year of 1952 is emblematic because it was in that year that UNCCP’s “budget was limited solely
to maintaining a record-keeping office in New York.” Ibid., 51, fn. 35.
173
Ibid., 42.
174
The UNCCP wrote that “the present unwillingness of the parties fully to implement the UNGA
resolutions under which the Commission is operating, as well as the changes which have occurred
in Palestine during the past three years, have made it impossible for the Commission to carry out its
mandate,” UNCCP, “Progress Report of the United Nations Conciliation Commission for Palestine,”
November 20, 1951, para. 79 and 87, UN Doc.A/1985. See Harish Parvathaneni, “UNRWA’s Role
in Protecting Palestine Refugees,” in Rights in Principle - Rights in Practice: Revisiting the Role of
International Law in Crafting Durable Solutions for Palestinian Refugees, by Terry Rempel (BADIL
Resource Center for Palestinian Residency and Refugee Rights, 2009), 15.
175
Rempel, The United Nations Conciliation Commission for Palestine, Protection, and Durable Solution
for Palestinian Refugees, 4.
176
UNCCP, “Historical Survey of Efforts of the UNCCP,” para. 31.
177
UN General Assembly, “Resolution 394(V),” para. 2.
178
Akram and Rempel, “Recommendations for Durable Solutions for Palestinians Refugees: A
Challenge to the Oslo Framework,” p. 21, footnote 86.
The Palestinian Refugee Problem: An Overview
31
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