who were receiving protection or assistance, “their continuing refugee character is
acknowledged.”275
Application
When a Palestinian is seeking recognition of his or her refugee status before
the national authorities of a third state, the first step is to determine whether s/he
falls within one of the two categories included within Article 1D, i.e. 1948 Palestine
refugees or 1967 displaced persons. If not, Article 1D is not applicable. However,
such a person might still qualify as a refugee under Article 1A(2).276 The 2013 Note
reads:
Palestinians who were not actually receiving or eligible to receive the
protection or assistance of UNRWA as per the first paragraph of Article 1D
may nevertheless qualify as refugees if they fulfill the criteria of Article 1A(2)
of the 1951 Convention. Such persons are entitled to apply for refugee status
in the normal way under the 1951 Convention via Article 1A(2).277
If the person in question falls within the scope of Article 1D, the next step is to
determine whether the first or second paragraph of Article 1D applies to his or her
case (section b, below). Once it is determined whether the person falls under the
second paragraph, the next step would be to ensure that the person does not fall
under one of the cessation or exclusion clauses of the 1951 Convention.
Exclusion Clauses
In accordance with international refugee law, a person otherwise meeting the
criteria of the refugee definition is not entitled to the benefits of the 1951 Refugee
Convention if s/he falls under one of the cessation or exclusion clauses in Articles
1C, 1E and 1F. Considering the serious consequences of exclusion for the person
concerned, interpretation of these articles must be restrictive.
In this context, BADIL emphasizes that even if some of the cessation or exclusion
clauses apply to a Palestinian refugee, this person will continue to be a refugee in
relation to United Nations General Assembly Resolution 194 or United Nations
Security Council Resolution 237, and is thus entitled to durable solutions based on
the rights of return, housing and property restitution, and compensation.278
In its 2009 Revised Note, UNHCR states that “persons falling within Articles
1C, 1E or 1F of the 1951 Convention do not fall within the scope of Article 1D,”279
and the same logic appears in the 2013 Note.280 Article 1C’s caput states that
275
UNHCR, “2013 Note,” 4.
Ibid., 3.
277
Ibid.
278
UNHCR also stressed this point: Ibid., 6.
279
UNHCR, “2009 Revised Note,” para. 4.
280
UNHCR, “2013 Note.”
276
The 1951 Refugee Convention and Article 1D
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents