BADIL Resource Center for Palestinian Residency and Refugee

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Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007)
Due to the fact that Palestinian refugees displaced in 1948 were already receiving protection or assistance from the United
Nations (i.e., the UNCCP and UNRWA, respectively), the international community decided to suspend application of the Refugee
Convention (see the first clause of Article 1D) in order to avoid overlapping and potentially conflicting mandates between the
UNCCP and the UNHCR. A number of states also felt at the time that Palestinian refugees should not be placed in the more
general category of refugees, considering that the UN itself was partially responsible for the refugee crisis, as a result of the
recommendation to partition Palestine into two states (UNGA Resolution 181), against the express wish of the majority of
the indigenous inhabitants of the country. Moreover, there was a concern that Palestinian refugees would be relegated to a
position of minor importance within the global refugee regime. Palestinian refugees displaced for the first time in 1967 also
fall within the provisions set out in Article 1D (see the first clause of Article 1D). UNRWA has provided assistance to this group
of refugees since 1967 by special request of the UN General Assembly (Resolution 2252 ES-V, 4 July 1967).
In the event that UNCCP protection or UNRWA assistance might cease to exist for any reason, however, the international
community included a provision (i.e., a “trigger”) in the 1951 Refugee Convention (see the second clause of Article 1D) to
activate the application of the Convention and inclusion of Palestinian refugees as “Convention refugees.” This trigger was
activated in the early 1950s, when the UNCCP ceased to provide effective protection for Palestinian refugees. The trigger for
the application of the Refugee Convention (see the second clause of Article 1D) to Palestinian refugees displaced for the first
time in 1967 has been activated by the “cessation” of protection for this group of refugees – i.e., the international community
has never provided systematic international protection to Palestinian refugees displaced for the first time in 1967.
Palestinian refugees who are neither 1948 or 1967 refugees, are outside the Palestinian territory occupied by Israel since
1967, and are unable to return (due to revocation of residency rights, denial of family reunification, deportation, etc.), or
unwilling to return owing to a well-founded fear of persecution, fall under Article 1A of the Refugee Convention. Article 1D of
the Refugee Convention does not apply to this group of Palestinian refugees, as they do not receive protection or assistance
from other agencies of the United Nations.
The Refugee Convention also includes specific criteria concerning the cessation of refugee status. Generally, the cessation
of refugee status is governed by the six conditions set out in Article 1C. These include the acquisition of effective protection,
reacquisition of a lost nationality, or the acquisition of a new nationality. 156 It is important to note that cessation of refugee
status under the 1951 Refugee Convention does not extinguish the right of a refugee to return to his or her home of origin.
The right to international protection and the right to return are two different rights under international law. A refugee who
acquires a new nationality is thus still entitled to exercise his or her fundamental human right of return.
a. The right to status and benefits under the 1951 Refugee Convention
Palestinian refugees from 1948 and 1967 are entitled to Convention refugee status and benefits by virtue of the
inclusion clause in Article 1D. They should be recognized as refugees upon their arrival in those states that have
signed the 1951 Refugee Convention, and no additional status determination is required from national authorities.
However, most Palestinian refugees seeking protection fail to obtain legal status and related protection because
national authorities fail to apply or apply erroneous interpretations of the Refugee Convention to their cases.
National authorities have adopted at least three different approaches and eight different interpretations of Article 1D
of the Refugee Convention relevant to Palestinian refugees. 157 Only few countries, among them Hungary, Moldova
and Finland, apply Article 1D correctly and convey refugee status according to Article 1D. Many countries have
not incorporated Article 1D into national legislation (e.g., Canada and the US) or do not apply Article 1D in
national asylum practice (e.g., Austria, Belgium and Switzerland). 158 Other countries apply Article 1D, but interpret
the meaning of its exclusion and inclusion clauses incorrectly. In practice, this means that Palestinian refugees can
obtain Convention refugee status and benefits under Article 1D only if:
they have not “voluntarily relinquished” UNRWA assistance (Germany);
UNRWA ceases its functions (Denmark and France);
they are unable to return to their country of former habitual residence due to a well-founded fear of
persecution in that country and cannot invoke UNRWA protection there (Netherlands);
they come from the West Bank and Gaza Strip, where they lack the protection of a state (Norway);
they have already obtained a permanent residency permit (Sweden).