humanitarian Access

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UNRWA’s relationship with host governments is based on bilateral agreements and the principles set forth in the United Nations Charter and the Convention on Privileges and Immunities of 1946. Under the UN Charter, member states are obligated (Article 2) to grant UNRWA “every assistance in any action it takes in accordance with the present Charter.” UNRWA is also considered to be a legal individual in UN member states (Article 104); member states are obligated to respect the privileges and immunities needed by the Agency to fulfill its mandate.

Under the 1946 Convention on United Nations Privileges and Immunities, the UN is a juridical personality under state laws (Article 1). UN property and assets are immune from legal process (Article II.2) and its premises are inviolable, immune from search, requisition, confiscation, expropriation and any other form of interference whether by executive, administration, judicial or legislative action (Article II.3). The UN, its assets, income, and property are exempt from all direct taxes, customs duties, and import and export restrictions on articles for official use (Article II.7). Differences in interpretation of the convention are to be referred to the International Court of Justice unless the parties agree otherwise (Article VIII).

UNRWA has faced various restrictions on delivery of humanitarian assistance to Palestinian refugees. During the first Palestinian intifada in 1967 occupied Palestine Israeli authorities refused to allow entry of donations of foodstuffs and medical supplies through the port of Ashdod for so-called health and security considerations. The humanitarian aid supplies eventually had to be rerouted for use in Lebanon. Since the beginning of the second intifada in September 2000, UNRWA operations have been hampered by Israeli restrictions on the movement of humanitarian goods and UNRWA staff.

Agency supplies and goods passing through the Karni checkpoint between Israel and the occupied Gaza Strip have been stopped for prolonged periods. The Israeli government has insisted that UNRWA’s humanitarian goods are subject to fees and security checks in violation of UN privileges and immunities. The Israeli military has also prevented UNRWA from delivering emergency food and medical assistance to refugees. UNRWA local staff from 1967 occupied Palestine continue to be required to obtain a permit to enter 1948 Palestine/Israel and occupied eastern Jerusalem. The Israeli military has also continued to enter and occupy UNRWA premises. Local and international staff are subject to harassment and assault by Israeli soldiers.

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