Abstract

Palestine refugees are excluded from the scope of the international refugee protection system. The agency that is currently protecting them, UNRWA, is under threat. What would the end of UNRWA mean at the European level? This article explains the special situation of Palestinians, the history and role of UNRWA and the consequences that a dissolution of UNRWA would entail. It analyses the situation from an EU perspective, as the CJEU has already delivered several landmark judgments. The article concludes that an abolition of UNRWA would place Palestinians in a better position, as the European Union would be obliged to protect all those persons that currently fall under UNRWA’s mandate and are hence excluded from obtaining refugee status. This is a finding that seems to be totally ignored or at least underestimated by the International Community. Nevertheless, the dissolution of UNRWA might lead to an unprecedented deterioration of the situation of Palestinians living in UNRWA’s operating areas.

Highlights

  • In its 2019 Global Trends Report1, the United Nations High Commissioner for Refugees (UNHCR) indicated that, at the end of 2019, almost 79.5 million persons were forcibly displaced worldwide, of which 26 million persons are refugees.2 Of these refugees, 20.4 million persons were under the mandate of UNHCR

  • 5.6 million Palestinian refugees were under the mandate of the United Nations Relief and Work Agency for Palestine Refugees in the Near East (UNRWA or the Agency)

  • A cessation of UNRWA means that these refugees ipso facto fall under the protection of the international refugee regime, and would, have to be treated in the same way as all other refugees

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Summary

Introduction

In its 2019 Global Trends Report, the United Nations High Commissioner for Refugees (UNHCR) indicated that, at the end of 2019, almost 79.5 million persons were forcibly displaced worldwide, of which 26 million persons are refugees. Of these refugees, 20.4 million persons were under the mandate of UNHCR. In its 2019 Global Trends Report, the United Nations High Commissioner for Refugees (UNHCR) indicated that, at the end of 2019, almost 79.5 million persons were forcibly displaced worldwide, of which 26 million persons are refugees.. In its 2019 Global Trends Report, the United Nations High Commissioner for Refugees (UNHCR) indicated that, at the end of 2019, almost 79.5 million persons were forcibly displaced worldwide, of which 26 million persons are refugees.2 Of these refugees, 20.4 million persons were under the mandate of UNHCR. 5.6 million Palestinian refugees were under the mandate of the United Nations Relief and Work Agency for Palestine Refugees in the Near East (UNRWA or the Agency).. Some other States have stopped or threatened to stop financial funding to UNRWA.8 This could mean the end of UNRWA’s The Swiss Minister for Foreign Affairs, Ignazio Cassis, has expressed some doubts on the role of UNRWA. Some other States have stopped or threatened to stop financial funding to UNRWA. This could mean the end of UNRWA’s

UNHCR ‘Global Trends
Events in Palestine
The EU’s Position towards Palestine
22 See Canada
UNRWA and Its Establishment
The Protection Gap
The Protection of Palestinian Refugees in EU Law
The Bolbol Case
The El Kott Case
The Alheto Case
The XT Case
UNRWA and Current Challenges
86 See UNRWA’s annual operational reports
Ipso Facto Application
Implementation of Basic Human Rights
Findings
Conclusion
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