Claim

According to UNRWA all descendants of Palestinians to be “refugees” for an unlimited number of generations.

Fact

UNRWA’s definition of refugee technically  violates international law, as it contradicts the 1951 UN Convention and Protocol Relating to the Status of Refugees.

Article 1 of the Convention defines a refugee as:

…a person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution.

(emphasis added)

Under Article I(c)(3), a person is no longer a refugee if,  for example, he or she has “acquired a new nationality, and enjoys the protection of the country of his new nationality.”

UNRWA’s definition of a Palestinian refugee, which is not anchored in any treaty and thus does not carry the weight of international law, includes no such provision. In fact, UNRWA  defines “Palestinian refugees” to include all offspring of male Palestinian refugees from 1948, including legally adopted children, regardless of whether they have been granted citizenship elsewhere.

The United Nations claims  on its website that UNRWA’s unusual practice does not violate international law and norms, by pointing out that there are other conflicts in the world where refugee status has continued for successive generations (eg. Afghanistan and Somalia).

However, the United Nations’ claim is not only misleading but objectively wrong.  Under the 1951 Convention (1967 Protocol, Article IV Section B), successive generations have refugee status only if it is necessary to maintain what is called “family unity.” For example, imagine that a couple escaped Afghanistan, became refugees in Pakistan, and then had a child. Even though that child never lived in Afghanistan, he or she would nevertheless be granted refugee status in order to keep the family unit from being broken apart by potential developments.

However, under UNRWA’s rules, there is no “family unity” limitation. To the contrary, unlimited future generations may inherit refugee status even when there is no living family connection to pre-1948 British-ruled Palestine and, consequently, there is no danger of tearing apart any family unit.  This is no subtle distinction:  UNRWA has, knowingly or not, created a financial incentive for host countries to deny Palestinians citizenship, so that the nations in question can benefit from the international aid that comes with hosting people who maintain refugee status in perpetuity.

According to a 2012 report by the United States Senate, under the terms of the 1951 Convention, which applies to all other people in the world, the number of real Palestinian refugees living today is only about 30,000. Yet, according to UNRWA, the number of “refugees” is over 5 million, making Palestinians the only group in the world whose refugee population has increased — and dramatically — over time

 

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