The 1951 Refugee Convention and Article 1D
The 1951 Refugee Convention recognizes the special circumstances and status
of Palestinian refugees as a group through a particular provision (Article 1D) for
determination of Convention status and entitlement to Convention benefits. Article
1D provides:
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.
Palestinian refugees were thus singled out from other refugees in two ways.
First, a special protection and assistance regime composed of UNCCP, UNRWA and
UNHCR was established. Second, a different and separate analysis based on Article
1D applies in the determination of the status of Palestinians as refugees.
There were three main reasons why Palestinian refugees were singled out
from other refugees when UNHCR was established and the 1951 Refugee
Convention was drafted. First, the creation of the Palestinian refugee problem
was a direct result of a decision taken by the United Nations, i.e., the Partition
Resolution (Resolution 181(II)). After World War II, the British government
relinquished its mandate over Palestine in favor of UN administration of
the territory. On 29 November 1947 the United Nations adopted Resolution
181(II), which would partition Mandate Palestine into two states: one with a
majority Arab population and another with a majority Jewish population, with
Jerusalem as an international zone under international supervision.231Fighting
erupted between the Arab population and Zionist militia only days after the
adoption of the Partition Plan. The Jewish - Zionist colonists began acquiring
territory that had been delineated as part of the Arab State under the Partition
Plan. On 14 May 1948, the British officially left Palestine, and the Zionist
leaders of the Jewish-Zionist colonists declared the creation of the State of
Israel.232 More fighting ensued, and the newly created state acquired further
territory which had been designated for the Arabs under the Partition Plan. In
1949 both parties signed the Armistice agreement, and fighting ceased. The
1949 Armistice Agreement established “The Green Line,” allotting far more
land to the State of Israel than was contemplated in the Partition Plan.233Second,
there was a general consensus among the drafters that Palestinian refugees as
a group were genuine refugees in need of assistance and protection, and did
BADIL Resource Center for Palestinian Residency and Refugee Rights, Survey, 2010-2012, VII:xxii.
Ibid., VII:xxii–xxiii.
233
Ibid., VII:xxiii.
231
42
232
Handbook on Protection of Palestinian Refugees
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