Refugees and internally displaced persons are entitled to protection. National authorities hold the primary responsibility to protect refugees within their borders. International protection is required when states are either unable or unwilling to provide protection. International protection activities include ensuring asylum, securing basic human rights, provision of travel documents, facilitating durable solutions, and monitoring the treatment of refugees once they return home.

The United Nations General Assembly established the UN Conciliation Commission for Palestine (UNCCP) - Resolution 194(III) - to provide international protection for all persons displaced as a result of the 1947-1948 conflict and war in Palestine. The UNCCP was given a mandate to protect the rights, property and interests of the refugees. The Commission attempted to provide legal and diplomatic protection for Palestinian refugees during its early years of operation. Since the mid-1950s, the UNCCP has not provided Palestinian refugees with the basic international protection accorded to all other refugees. The Commission reached the conclusion that it was unable to fulfill its mandate due to the lack of international political will to facilitate solutions for Palestinian refugees consistent with Resolution 194(III) and international law. Today the Commission has no budget and no staff. The UNCCP does not have a protection mandate for other categories of Palestinian refugees and internally displaced persons displaced after 1948.

The United Nations General Assembly established the Office of the UN High Commissioner for Refugees (UNHCR) - Resolution 319(IV) - in 1949. It is the primary international body mandated to provide protection to refugees worldwide. This includes persons considered to be refugees under the 1951 Convention Relating to the Status of Refugees. UNHCR's mandate does not cover refugees receiving protection or assistance from other UN organs or agencies. Palestinian refugees displaced in 1948 and 1967 are  Convention refugees according to Article 1D of the 1951 Convention due to the cessation of UNCCP protection. UNHCR provides international protection to those Palestinian refugees displaced in 1948 and 1967 who are in need of protection and who are outside the areas - i.e., West Bank, Gaza Strip, Jordan, Lebanon and Syria - where the UN Relief and Works Agency (UNRWA) provides assistance. Palestinians displaced after 1967, who are neither 1948 or 1967 refugees, and are considered refugees according to Article 1A of the 1951 Convention fall within the protection mandate of UNHCR. There is no international agency with an explicit mandate to protect Palestinian refugees in UNRWA areas of operation and for internally displaced Palestinians.

The League of Arab States (LAS) was established in 1945 to coordinate relations and activities of League member states. The League has attempted to create regional standards for protection of Palestinian refugees displaced in 1948 based on provisions set forth in League resolutions and in the 1965 Casablanca Protocol. Generally, these instruments are narrower in scope than relevant international instruments. LAS standards address residency status, travel documents, and employment rights. Some of these rights are wider in scope than similar provisions in the 1951 Convention Relating to the Status of Refugees. The Casablanca Protocol does not address the specific circumstances of those Palestinians displaced for the first time in 1967, displaced Palestinians who are neither 1948 or 1967 refugees, and internally displaced Palestinians. Investigations conducted by the Conference of Supervisors of Palestinian Affairs have concluded that implementation of LAS standards for the treatment of Palestinians in member states is poor. The 1992 Cairo Declaration delineates principles for the protection of refugees and displaced persons in the Arab world, but does not have the legal status of a convention.

Related BADIL Publications:

• International Protection - Overview and Special Protection for Refugees

• International Protection Forces - Overview and Relevance for Palestinians

• Physical Protection for Refugee Populated Areas

• Temporary Protection and its Applicability to the Palestinian Case

• Internally Displaced Palestinians, International Protection and Durable Solutions