UNRWA And Palestine Refugees - 70 Years Of Controversial Assistance
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Category: International Law
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UNRWA AND PALESTINE REFUGEES: 70 YEARS OF
CONTROVERSIAL ASSISTANCE
Irene Maria, Vellore Institute of Technology, Chennai
ABSTRACT
This study explores the origins, evolution, and current controversies surrounding the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Established in 1949 following the mass displacement of Palestinians during the
1948 Arab- Israeli War, UNRWA has become a central institution in providing
education, healthcare, and relief to over 5 million registered Palestinian refugees across the Middle East. The research investigates the unique legal and political status of Palestinian refugees under UNRWA's mandate, which differs significantly from the global refugee framework administered by UNHCR. It analyzes the implications of this exceptionality on issues such as legal protection, political identity, and the right of return enshrined in UN Resolution 194. Through a detailed literature review and case studies, the paper examines UNRWA’s role in shaping refugee identity, its challenges in maintaining neutrality, and its dependency on donor funding. The agency is portrayed as both a humanitarian provider and a political symbol—caught between international obligations and regional political tensions.
The study also addresses proposed reforms, including potential integration with UNHCR, while cautioning against undermining the political and legal rights of Palestinian refugees. Ultimately, the paper concludes that while institutional change may be necessary, any future solution must uphold international legal commitments, protect refugee rights, and contribute to a just and lasting resolution of the Palestinian refugee issue.
INTRODUCTION
The Palestinian refugee crisis is one of the longest-standing and most politically sensitive refugee situations in modern history. Since the 1948 Arab-Israeli War, millions of Palestinians have lived in exile, many confined to camps in neighboring states. The United Nations established the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in 1949 as a temporary solution to deliver education, healthcare, and relief services to Palestinian refugees. However, over seven decades later, the agency remains active amid increasing political contention and operational challenges. This study seeks to critically examine UNRWA’s role, its successes and failures, and its impact on the future of Palestinian refugees in the light of international law and regional politics.
The relevance of UNRWA's continued existence in today’s changing geopolitical scenario also raises critical questions about humanitarian responsibility, state sovereignty, and the durability of refugee identity. STATEMENT OF PROBLEM The Palestinian refugee issue remains one of the most complex, politicized, and enduring humanitarian crises in the modern international system. Since its inception in 1949, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has played a central role in providing relief and essential services to millions of Palestinians displaced as a result of the 1948 Arab-Israeli conflict and subsequent hostilities.
However, more than seven decades later, the condition of Palestinian refugees remains unresolved, and the agency’s mandate continues to be renewed on a temporary basis without any significant political progress toward a durable solution. Unlike other refugee populations governed under the 1951 Refugee Convention and the supervision of the United Nations High Commissioner for Refugees (UNHCR), Palestinian refugees are governed by a separate legal and institutional regime under UNRWA, which creates legal ambiguity, fragmentation, and inconsistencies in the application of international refugee law. This has led to a situation where Palestinian refugees are excluded from the comprehensive protection mechanisms enjoyed by other refugee groups, leaving them in a state of legal and political limbo.
Furthermore, UNRWA has been criticized for institutionalizing refugeehood by defining refugee status as inheritable, thereby perpetuating dependency across generations. The agency’s operations are also increasingly affected by political agendas, donor conditionalities, and regional hostilities. These tensions have undermined its humanitarian neutrality and have led to major funding crises, particularly after the U. S. withdrew funding in 2018. 3 Questions have also been raised about the agency’s efficiency, transparency, and alignment with longterm development goals, especially in light of protracted displacement and the lack of a comprehensive peace process. At the same time, proposals to dissolve or integrate UNRWA into the UNHCR system are politically sensitive and contested.
Host countries fear the socioeconomic and political burden of integration, while refugees fear that such moves would strip them of their political rights, including the right of return. This impasse reflects a broader failure of the international community to reconcile humanitarian obligations with the pursuit of political solutions. Thus, the core problem lies in the paradox of a humanitarian agency that was intended as a temporary relief mechanism, yet continues to operate indefinitely without a mandate to resolve the root causes of the refugee crisis. The lack of a clear legal, political, and humanitarian consensus on the future of UNRWA and the rights of Palestinian refugees perpetuates their marginalization and statelessness.
This research seeks to unpack these complex issues and critically assess the role, limitations, and future of UNRWA within the broader framework of international refugee protection and Middle Eastern geopolitics.
SCOPE
AND LIMITATION OF THE STUDY The scope of this research encompasses a comprehensive analysis of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and its role in addressing the Palestinian refugee crisis. This includes historical context, legal frameworks, humanitarian aid provision, political controversies, and future prospects. The paper will explore the evolution of the refugee issue since the 1948 Nakba, the establishment and transformation of UNRWA's mandate, and the unique legal status of Palestinian refugees under international law. It further investigates UNRWA’s operational capacity in key host countries and the implications of its service delivery on refugee lives.
Finally, the study will assess the potential for durable solutions, including return, resettlement, or integration, and will analyze proposals for merging UNRWA into broader international refugee regimes such as UNHCR. However, the research is subject to certain limitations. First, the study is primarily based on secondary sources including academic literature, UN reports, and journalistic accounts; hence, it may not capture the most recent ground realities or personal refugee testimonies in full depth. Second, given the ongoing and dynamic nature of the Israeli-Palestinian conflict, some data and policy developments may evolve rapidly, limiting the contemporaneous accuracy of the study. Third, access to certain confidential UNRWA documents or internal deliberations is restricted, which may constrain a complete institutional analysis.
Lastly, due to the breadth of the topic, the research focuses selectively on representative host countries. Despite these constraints, the study seeks to offer a holistic, well-substantiated account of the structural and political complexities surrounding UNRWA and Palestinian refugees.
RESEARCH
OBJECTIVE
The primary objectives of this study are: • To trace the historical origins of the Palestinian refugee crisis and the creation of UNRWA following the 1948 Arab-Israeli War. • To understand UNRWA’s legal mandate and how it differs from the UNHCR and the
1951 Refugee Convention.
To evaluate UNRWA’s role in providing essential services (education, healthcare, relief, etc.) to Palestinian refugees across its five areas of operation. • To assess the significance of UN General Assembly Resolution 194 and the right of return in shaping refugee expectations and political claims. • To analyze the political controversies and criticisms faced by UNRWA from both host countries and donor states—particularly around neutrality, accountability, and curriculum. • To explore proposed reforms and alternatives to UNRWA, including the potential
integration with UNHCR, and their implications for Palestinian refugee rights. • To identify durable solutions within the framework of international law and humanitarian principles that can address the refugee issue while upholding justice and rights. RESEARCH QUESTION This research is guided by the following questions:
1. What has been UNRWA’s historical and ongoing role in managing the Palestinian
refugee crisis?
2. How does UNRWA’s legal and institutional framework affect the status and rights of
Palestinian refugees compared to other global refugee populations?
3. What are the operational and political challenges faced by UNRWA in its fieldwork
and international relations?
4. How has UNRWA shaped and sustained Palestinian refugee identity, especially
across generations?
5. How is UN Resolution 194 interpreted and implemented (or not) by key stakeholders,
and what impact does it have on the right of return?
6. What are the main arguments for and against integrating UNRWA with UNHCR, and
how would such a change affect refugee rights and regional stability?
7. What durable solutions exist for resolving the Palestinian refugee crisis within a legal,
political, and humanitarian framework?
RESEARCH
METHODOLOGY
This research adopts a qualitative and analytical approach, utilizing a combination of doctrinal legal analysis, historical method, and case study techniques to examine the complex dynamics surrounding UNRWA and Palestinian refugees. The study primarily relies on secondary data sources, including books, peer-reviewed journal articles, legal documents, United Nations resolutions, official reports from UNRWA and UNHCR, and publications by international human rights organizations. Archival documents, speeches, and policy papers from key stakeholders have also been used to gain insight into the evolving legal and political dimensions of the refugee crisis.
The doctrinal method allows for a close examination of relevant international legal frameworks, particularly the 1951 Refugee Convention, UN General Assembly Resolutions
194 and 302, and other pertinent legal instruments. Comparative analysis between UNRWA
and UNHCR mandates provides clarity on the unique legal position of Palestinian refugees. Furthermore, historical contextualization of the refugee crisis—especially the 1948 Nakba and subsequent Arab-Israeli conflicts—enables a deeper understanding of the origins and transformations of the displacement. Case studies and matters in direct effect to the issue have been selected to illustrate the operational challenges faced by UNRWA in diverse socio-political settings. These cases highlight the lived experiences of refugees, the variation in host country policies, and the impact of political developments on service provision. While primary interviews were not conducted, this study draws upon documented refugee testimonies and ethnographic accounts available in academic and NGO literature to incorporate refugee perspectives.
By synthesizing legal, historical, and political analyses, the methodology aims to present an integrated and nuanced portrayal of the Palestinian refugee situation and the role of UNRWA. The findings are intended to inform both academic scholarship and policy debates on durable solutions and international responsibility toward Palestinian refugees.
LITERATURE REVIEW
This literature review examines key academic and policy works addressing the role of UNRWA in managing the Palestinian refugee crisis. Scholars like Susan Akram (2002) and Takkenberg (1998) argue that the legal exceptionalism applied to Palestinian refugees under UNRWA’s mandate limits their access to international refugee protections typically offered by UNHCR. This has created a unique status that reinforces their statelessness but supports their political identity. Brynen (2014) and Bocco (2009) offer insights into how UNRWA's operations are shaped by donor dependency, political constraints, and regional instability. The political economy of UNRWA’s funding structures, as discussed by Whitaker (2008), raises concerns about the agency’s vulnerability to foreign political agendas.
Khalil (2020) and Hanafi and Long (2010) critically evaluate UNRWA’s neutrality and operational challenges in volatile regions, particularly Gaza and Lebanon. These works underscore the politicization of humanitarian aid and the implications for field-level operations. Meanwhile, Farah (2010) and Irfan (2021) emphasize UNRWA’s sociopolitical role in constructing Palestinian identity through education and welfare services, while Cervenak (1994) highlights gender-based discrepancies in UNRWA’s refugee recognition policies. The literature collectively suggests that UNRWA serves both as a humanitarian agency and a political symbol, complicating efforts to reform or replace it without addressing the root causes of displacement. While some advocate for integration with UNHCR to standardize refugee responses, others warn that such a move could dilute Palestinian claims under Resolution 194.
CHAPTERIZATION The study will be structured into the following main chapters: CHAPTER I: HISTORICAL ORIGINS OF THE PALESTINIAN REFUGEE CRISIS CHAPTER II: ESTABLISHMENT AND EVOLUTION OF UNRWA CHAPTER III: LEGAL STATUS OF PALESTINIAN REFUGEES CHAPTER IV: POLITICAL CONTROVERSIES AND CRITICISMS CHAPTER V: CASE STUDIES CHAPTER VI: THE FUTURE OF UNRWA AND DURABLE SOLUTIONS
CHAPTER VII:
CONCLUSION
CHAPTER I HISTORICAL ORIGINS OF THE PALESTINIAN REFUGEE CRISIS THE 1948 NAKBA AND THE ARAB-ISRAELI WAR The drastic string of events of the Arab-Israel War has to be interlinked with the Balfour Declaration, 1917 which could be considered as influential yet destructive political document of the twentieth century in the Middle East which seeked to address the “Palestine Problem” which emerged in the early 1880s. The Declaration was brought forth to appease the Zionist population and hand-in-hand partnered with the World Zionist Organisation – a private body which was recognised by the League of Nations for the purpose of creating a Jewish national home in Palestine.
The mandate made the welfare of the Jews a requisite wherein Article 2 states the establishment of the ‘Jewish National Home’ and the development of self governing institutions, Article 4 states the formation of a Jewish Agency that closely works with Palestine administration and Article 6 states that Palestine should encourage Jewish immigration and settlements on the land. A probability of a peaceful coexistence that garners the identity of both the communities that call Palestine land their home. Palestine for the first time had status of being a credible entity and with that came two populations that were eager to secure their future, which will be determined by the size of the population and the ownership of land. Friction over these issues escalated to violence in multiple instances.
In this situation, Jews had the upper hand as they immigrated and purchased land in the region; a threat to the majority that Palestinians perceived for themselves. World War I perpetuated persecution of Jewish origin and complete reck of their identity especially under the Hitler Rule in Germany which inspired Zionist to have a State of their own extending to the Palestinian region who could be traced back to but at the cost of Arab Muslims who considered the ancient land as their homeland; de-Arabization of Palestine. A Zionist mater plan was put forth, Plan Dalet in 1948 which aimed at the forceful occupation of Arab areas and the removal of the Arab population, which could be attributed to Nakba.
1 Resolution 181 of the UN General Assembly was adopted, which called for the division of Palestine into Jewish and Arab government, in the light of Britain’s setting of the date of withdrawal from Palestine as 14 May 1948 but the UN Partition Plan was rejected by both sides on the grounds that it violated Palestinian self-determination and disproportionately benefited the Jewish minority and the Jewish side not satisfied with the plan. The first Arab-Israeli war began when neighboring Arab governments invaded Israel after it declared its independence on May 14, 1948. Israeli forces stormed or conquered many Palestinian cities and villages during the subsequent battle, causing mass displacement. The Palestinian refugee crisis traces its origins to the political, military, and social upheaval surrounding the creation of the State of Israel in 1948.
During this time, which Palestinians call the "Nakba" or "catastrophe," some 750,000 Palestinians—more than half of Mandatory Palestine's Arab population were displaced. 2 Others ended up being ejected by military operations or psychological warfare, such those employed in the massacre at Deir Yassin3, while others fled out of fear. The Absentee Property Law of 1950, which confiscated the homes and lands of people who had escaped, was one of the laws quickly passed by Israeli authorities to stop them from returning. 4 INITIAL DISPLACEMENT AND FORMATION OF REFUGEE CAMPS The Palestinian people who turned into refugees were forced to be accommodated into densely populated refugee camps which are not legitimate places for refugees which are scattered across the regions of the neighbouring states.
The host governments had at that time allotted and leased those lands owned by the state which were also among privately owned lands in order to accommodate the Palestinian refugees. 5 One such pertinent law that was put forth by the State of Israel is the Absentees’ Property Law, 19506 which allowed the state to seize and control property belonging to Palestinians who left, were forced to flee, or were deported after
29 November 1947 , and were considered “absentees”, with seizure of movable and immovable
property such as land, houses, bank accounts and so forth which aggravated the situation of displacement and the effects of it extending to Palestinians not able to fend for themselves and took away whatever was rightfully theirs. At the same time gave right to any jew to unrestricted immigration, settlement and citizenship through the Law of Return. 7 Following the displacement, Palestinian refugees settled in makeshift camps across neighbouring Arab countries and Palestinian territories under Jordanian and Egyptian control. It was initially envisaged as temporary tent cities evolved into semi-permanent and then permanent camps as a result of protracted statelessness and unresolved conflict. Host countries were unprepared for the influx, and many imposed restrictions on refugee mobility and citizenship.
In the absence of durable political solutions, these camps became enclaves of poverty and disenfranchisement. Refugees, denied citizenship and legal protection, faced structural barriers to social and economic integration, and their political status remained unresolved. 8 CHAPTER II: ESTABLISHMENT AND EVOLUTION OF UNRWA UN GENERAL ASSEMBLY RESOLUTION 302 (1949) AND ORGANISATIONAL STRUCTURE UNRWA was established through UN General Assembly Resolution 302 (IV) in December
1949 to carry out direct relief and works programs for Palestine refugees in collaboration with
local governments. Unlike other UN refugee agencies, UNRWA was designed as a temporary humanitarian body pending a political resolution to the conflict. Initially, UNRWA's main functions were: (1) To carry out in collaboration with local governments the direct relief and works programmes as recommended by the [UN] Economic Survey Mission; and (2) To consult with interested Near Eastern Governments concerning measures to be taken by them preparatory to the time when international assistance for relief and works projects is no longer available. 9 In charge of overseeing and managing all UNRWA operations, the Commissioner-General answers directly to the General Assembly.
Although UNRWA lacks an Executive Board, it does have an Advisory Commission, which now has 29 members and four observers, was established in 1949 to advise and support the Commissioner-General and in June and November are the Advisory Commission's meeting months. A subcommittee is responsible for conducting discussions of a more operational kind. Without governmental authority, the Advisory Commission functions as an advisory body. 10 Furthermore, the UNGA firmly supports the idea of UNRWA's numerous cross-agency cooperation, as stated during the mandate's triannual extensions. In the field, UNRWA maintains numerous collaborations with community-based groups, NGOs, and UN agencies. In light of the ongoing fighting in Gaza, ad hoc and short-term collaborations have been established, including contracts with UNICEF for vaccinations, WFP for food distribution, and IOM for shelter.
UNRWA continues to play a crucial and indispensable role in supporting these specialized efforts by offering a platform and, frequently, facilities. 11 UNRWA follows the principle neutrality and is expected from their staff to follow the same. The UN Staff Rules lay out the general principles for appropriate conduct of international civil servants: “They shall conduct themselves at all times in a manner befitting their status as international civil servants and shall not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations. They shall avoid any action and, in particular, any kind of public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status.
”12 These obligations apply to locally recruited staff, as stipulated in UNRWA Area Staff Regulation (2018), article 1. 4: “Staff members shall conduct themselves at all times in a manner befitting their status as employees of the Agency. They shall not engage in any activity that is incompatible with the proper discharge of their duties with the Agency. They shall avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. While they are not expected to give up their national sentiments or their political and religious convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their employment with the Agency.
”13 The conduct and obligations of UNRWA staff and personnel regarding neutrality are governed by a number of UN-wide documents, as well as UNRWA-specific guiding documents, as laid out in UNRWA’s Neutrality Framework: The UN Charter; Standards of Conduct for the International Civil Service; UNRWA Area and International Staff Regulations; Area Staff Rules and International Staff Rules; personnel directives; and administrative issuances. 14 The agency's regulatory system is based on the basic idea that its employees must always act and appear unbiased. They may continue to hold their personal beliefs as UN employees. Their dedication to neutrality as humanitarian actors, however, necessitates the use of restrictions and limitations to make sure that their personal beliefs don't get in the way of their work for the organization.
All employees must adhere to neutrality's requirements both at work and in their personal lives. 15 EDUCATION, HEALTHCARE, AND INFRASTRUCTURE Throughout its existence, UNRWA has undoubtedly done its best to advance the general welfare of Palestinian refugees, as it was founded specifically to do. At the moment, it is engaged in professional activities to protect the living conditions of Palestinians in UNRWA zones. UNRWA has expanded its range of services, particularly in the fields of education, where it operates basic schools and offers scholarships for higher education, and primary health care, where it operates health clinics, women's programs centers, and community-based rehabilitation centers.
In addition, UNRWA offers microcredit loans and food assistance. It also offered monetary help for housing, but this assistance was discontinued owing to budgetary restrictions. Both Palestinian and Palestinian refugees are served by UNRWA, although the latter group has particular challenges due to their legal status. UNRWA does not, however, stop at helping with health, education, and basic necessities; it also encourages freedom of movement and calls on host nations to respect human rights and international law, allowing access to labor markets, among other things. This is challenging because, like UNHCR, UNRWA needs to avoid conflicts with host countries and is therefore limited in its activities in these respects. 16 UNRWA provides essential services to over 5. 9 million registered Palestinian refugees.
Its education system, comprising over 700 schools, is one of the largest non-state school systems globally. UNRWA also operates healthcare centers and administers infrastructure projects in camps. These services contribute significantly to human development and resilience in marginalized communities. 17 Without endangering the right to return, this focus on human development also indirectly supported the defense of Palestine refugees and their justifiable cause. Since the 1960s, education has grown to be the most expensive program in terms of personnel, finance, and investment. Only in the latter part of the 1980s did the works (development) programs resume in a different way, mostly in the Gaza Strip and West Bank.
18 The UNRWA education system has been viewed as a Palestinian "national system of education" since it is standardized across its five operational zones and incorporates curriculum-specific challenges particular to Palestine. 19 UNRWA’s practice is to use hostcountry curriculums and textbooks in accordance with UNESCO recommendations. This enables Palestine refugee students to transition from UNRWA to host-country schools. The textbooks are not produced by UNRWA but the agency’s neutrality obligations apply, as the textbooks are being used in UNRWA or UNRWA-funded schools. In addition to textbooks, locally produced educational supplements are sometimes used in UNRWA schools.
Israel and NGO's have been the major targets of UNRWA's ongoing criticism on the alleged inclusion of hate speech, incitement to violence, and antisemitism in textbooks and educational materials published by the Palestinian Authority. 20 CHAPTER III: LEGAL STATUS OF PALESTINIAN REFUGEES The Palestinian refugees are those of different kinds; those who are displaced within the boundary of the state of Israel (also known as internally displaced Persons or IDPs), those who live in West Bank and Gaza as displaced and those Palestinians who live in other Arab territories. Despite the legal status that is propounded by the international arena, they often refer themselves to as the forgotten people due to the constant feeling of being treated with hostility where their basic human rights are not respected or protected.
They are the ones who are constantly engaged in unresolved political disputes that are out of their control and who must make due with meager resources and a constrained legal, economic, and social structure. The legal status of refugees in each region differs- in areas of West Bank and Gaza Strip, they have similar legal rights as that of non-refugee Palestinian. The region of West Bank provides Jordanian passports to the refugees with the intent of travel and does not imply Jordanian citizenship. Palestinian authorities are also responsible for issuing passports for the refugees in the West Bank and Gaza Strip but it could be denied if Israel does not grant permission as they control over the borders according to the Oslo accords. The neighbouring countries had opened their arms to incorporate Palestinian into their society who had been distraught on their homeland.
Jordan harbours Palestinian and has made sure that they have similar rights as to full Jordanian citizenship, including the right to vote but there also has been murmurs of discrimination persisting in areas of employment in the public sector, representation in government and political rights such as right to vote. In Syria, Palestinian do enjoy rights but are not eligible for Syrian citizenship. When it comes down to having a livelihood, their life seems to be more at ease wherein equal rights in employment, serve in the Syrian military, right to engage and join trade unions and the opportunity to have more than one business is ensured. Travel is much more leisure than the instance Palestinians have come across in Israel, where they were strictly tracked with multiple checkpoints and had to take permission from Israeli authorities for cross-border travel.
Palestinians can reside and travel to any corner of Syria and at the same time refugees crossborder travel with a travel document issued by the Syrian government. The Syrian state despite its more liberal approach to refugees has turned a blind eye to providing absolute rights such as Palestinian cannot own more than one house nor are able to purchase fertile land. Palestinians are also void of political rights such as the right to vote and to have representation in government as a minority community. In Lebanon, the condition of the refugees is seen to be dire, wherein majority of the refugee population live in temporary camps as opposed to UNRWA camps. Amongst the Lebanese legal system, Palestinians are viewed as foreigners and their professional life is limited to UNRWA, Red Crescent Society, NGOs and other low-paying and tedious work.
When it comes to representation within Lebanese society and gaining social service benefits, Palestinians are in the back-hand to obtain a government job or to practise in the legal profession wherein they have to obtain Lebanese citizenship for at least ten years and they can’t join trade unions having legitimate role. Palestinians experience a hostile environment in their day to day life as in form of poverty and lack of health care. 21 REFUGEE DEFINITIONS AND PROTECTION GAPS UNRWA has defined Palestine refugees as, ” persons whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948, and who lost both home and means of livelihood as a result of the 1948 conflict. ” The dual structure of refugee protection within the UN system—between UNRWA and the UNHCR—creates legal ambiguity.
Article 1D of the 1951 Refugee Convention excludes Palestinian refugees under UNRWA’s care from UNHCR protection, unless they are outside UNRWA’s area of operation. This exclusion has contributed to protection gaps and has prevented many Palestinian refugees from benefiting from the broader international refugee regime. 22 The legal document safeguarding refugees and the universally accepted definition is the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol. Article I. A. (2) of the Convention states “Any person who . . .
as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”. 23 The tragedy with this definition is that the international community fails to extend the definition to the Palestinian refugees as under Article 1D of the Convention states, ““The Convention does not apply to those refugees who are the concern of United Nations agencies other than UNHCR”.
As a result, refugees from Palestine who receive protection or assistance from the UNRWA do not come under the ambit of the 1951 Convention and its Protocol and the UNHCR mandate’s protection can be interpreted to not extending to Palestinian refugees in the areas that UNRWA operates and minimal protection beyond the UNRWA areas. 24 Further, the UNRWAs approach to Palestine refugee status primarily addresses indiviuals from the patrilineal line for the determination of refugee status; which in turn means that any Palestine refuge women who marry non-refugee men (MNRs) may retain their own refugee status but the same not extending to their husbands nor their children which inevitably rendering them ineligible for the vast range of benefits and services provided by UNRWA.
This gender discrimation against refugee women was first dicribed in the UNRWA annual report of 196525 This is stark difference to that of treatment of refugee fathers marrying non-refugee women and the benefits enjoyed by them and their children; wherein the refugee status is passed onto them upon birth. With respect to women, the lack of refugee status puts them in a more vulnerable admist the already sensitive issue of armed conflict where its often marked with extreme violence and systematic neglect. In conflict, both men and women suffer, but in different ways. Due to unequal access to resources, political rights, and personal protection, women are more vulnerable. Their movement and capacity to seek protection are often limited by their jobs as caregivers.
26 Despite the fact that more men may lose their lives in battle, women are disproportionately targeted by gender-based violence, which is frequently based on their social, psychological, or biological identities and includes forced pregnancy, sexual assault, and slavery. Even though these crimes are pervasive, women still have limited access to channels for justice and restitution. The fact that their suffering in armed conflict is still disregarded emphasizes how urgently gender-sensitive approaches to humanitarian relief and conflict settlement are needed. 27 The unique situation of Palestinian refugees does not align neatly with international refugee definitions. Their exclusion from mainstream refugee protections highlights the political nature of their predicament.
This gap underscores the need for comprehensive legal reform or integration into the broader UNHCR framework, though such proposals are politically sensitive and opposed by key stakeholders.
UN RESOLUTION 194 AND THE "RIGHT OF RETURN"
UN General Assembly Resolution 194 (III), passed in December 1948, stipulated that Palestinian refugees "wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date," with compensation for those choosing not to return. Although symbolically important for Palestinians, the resolution lacked binding enforcement mechanisms. Israel has rejected the return of refugees on demographic and security grounds, asserting that return would compromise the Jewish character of the state. 28 Despite annual reaffirmation by the UN General Assembly, the right of return remains politically contentious. For Palestinians, it constitutes a non-negotiable component of their national identity, while for Israel and some Western states, it represents an existential threat to Israel's demographic integrity.
29 The failure to put into practice the long-term fixes stated in Resolution 194 is the direct cause of UNRWA's unique mandate. In contrast to the United Nations High Commissioner for Refugees (UNHCR), which aims to address refugee issues by means of voluntary repatriation, resettlement, or integration. UNRWA has continued to operate under an assistance-based framework without providing its recipients with long-term legal pathways. Palestinians have been able to maintain their status as refugees for many generations thanks to this arrangement, which has strengthened their sense of community while also extending their statelessness. 30 The most controversial element of the Palestinian refugee dilemma is still the right of return.
Israeli opposition and the absence of political will within the international community prevent its practical operation, despite the fact that it is legally based on Resolution 194 and has been reaffirmed in other UN decisions. Palestinian refugees continue to live in unstable situations with little rights, especially in Lebanon, Syria, and Gaza. This worsens complaints and threatens regional stability. 31 A workable framework for resolving the right of return has continuously been absent from attempts to find a political settlement. The refugee issue was put off until final status talks, which have never happened, according to the 1993 Oslo Accords. Resolution 194 was essentially nullified by the Trump Administration's "Peace to Prosperity" plan, which called for the integration of refugees in host nations or third states.
This proposal was strongly opposed by Palestinians and ridiculed by international law experts. 32 For more than 5. 9 million officially recognized Palestinian refugees, UNRWA continues to be a vital lifeline in this regard. However, political attacks, financial limitations, and changing geopolitical factors are putting more and more strain on its operations. According to some academics, a more logical and long-lasting structure might be offered by incorporating UNRWA's functions within UNHCR. But doing so might undermine the right of return, demoralize impacted populations, and erase the historical and legal uniqueness of the Palestinian situation. 33 Therefore, more general issues of international law, justice, and political resolution are closely related to UNRWA's destiny.
Any change to its mandate must be supported by a fresh commitment to uphold Resolution 194's tenets, guarantee legal safeguards, and engage in sincere political dialogue. Without these assurances, structural adjustments might not address the root reasons of displacement and might further strengthen the current situation.
The fundamental rights of Palestinian refugees, especially the right of return, must remain at the heart of any long-term solution, even though UNRWA's role may change over time. It is the moral and legal duty of the international community to prevent these rights from being compromised for temporary political gain.
CHAPTER IV
POLITICAL CONTROVERSIES AND CRITICISMS One of the longest-running and most divisive humanitarian crises in contemporary history is the Palestinian refugee situation. The situation, which has its roots in the hundreds of thousands of Palestinians who were displaced after the 1948 Arab-Israeli War, has grown into a complicated and complicated subject including questions of identity, statelessness, and international duty. The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is one of the important organizations at the heart of this problem. But the agency has long been the focus of political criticism and discussion, especially in relation to how it defines refugee status and the range of services it offers.
34 UNRWA's distinctive definition of refugees, which includes the descendants of male Palestinian refugees, has drawn criticism for perpetuating the status of refugees across generations and thereby intensifying the conflict. 35 Additionally, the agency has been accused of violating its impartiality, particularly during the ongoing battle in Gaza. Concerns regarding UNRWA's capacity to uphold its humanitarian mission are raised by allegations that it has misused its facilities for militant or political purposes. 36 In order to resolve neutrality violations and win back donor trust, an independent evaluation commissioned by the UN in 2024 recognized these problems and emphasized the necessity of structural reforms, increased transparency, and more robust internal control.
37 Recent years have seen an increase in accusations of prejudice, with both host and donor states asserting that UNRWA shows partiality in relation to the Israel-Palestine issue. While host nations and pro-Palestinian actors contend that growing donor influence, especially from Western powers, affects the agency's focus away from Palestinian concerns. Israel has accused UNRWA of encouraging anti-Israel sentiment through its educational materials and staff conduct. UNRWA is frequently forced to negotiate a politically heated atmosphere while attempting to respect humanitarian ideals due to these competing influences. 38 Additionally, criticisms based on gender have surfaced, exposing systematic discrimination in UNRWA's handling of refugee status and service provision. In the legal and practical structures controlling refugee identification and aid, women have frequently been excluded.
39 There has also been criticism of the agency's personnel and educational programs. According to reports, some of the teaching resources utilized in UNRWA schools can include information that runs counter to UN principles and advances political viewpoints, which could jeopardize the agency's objectivity. 40 UNRWA continues to be a lifeline for millions of Palestinians, offering vital services like food aid, healthcare, and education in spite of these controversies. To guarantee that the humanitarian needs of Palestinian refugees are satisfied, the international community must strike a balance between criticism and ongoing assistance, even while reform is essential.
CHAPTER V: CASE STUDIES
Case Study 1: UNRWA in Gaza during the 2014 and 2023 Conflicts UNRWA's activities in Gaza were closely monitored during the armed confrontations between Israel and Hamas in 2014 and 2023. Significant civilian casualties were reportedly caused by Israeli airstrikes that targeted a number of UNRWA schools that were acting as emergency shelters for displaced residents. The Israeli government claimed that Hamas had compromised the civilian nature of these UNRWA sites by storing weapons in or close to them in certain instances. UNRWA emphasized its commitment to neutrality by denying complicity and urging independent investigations. These incidents brought to light the tremendous difficulties that humanitarian organizations encounter in areas of war. They also sparked new discussions about the politics of aid and requests for stricter safeguards for humanitarian facilities.
41 Case Study 2: Palestinian Refugees in Lebanon About 450,000 officially recognized Palestinian refugees are supported by UNRWA in Lebanon; many of them reside in overcrowded camps like Shatila and Ain al-Hilweh. These refugees experience systematic marginalization as a result of restrictive labor and property laws in Lebanon. The provision of social, educational, and medical services by UNRWA is vital, but service delivery has been negatively impacted by budgetary constraints. Intergenerational poverty and social unrest have been exacerbated by the socioeconomic stagnation and restricted rights of refugees. Tensions have also arisen between UNRWA and the Lebanese government, specifically regarding the right of return versus permanent settlement.
The operational environment for UNRWA is further complicated by these tensions, which are a reflection of larger regional concerns about Palestinian identity, statehood, and integration. 42 Case Study 3: Jordan – A Model of Integration? Jordan hosts the largest number of Palestinian refugees, many of whom have been granted citizenship. This has enabled broader access to employment and education compared to other host countries. UNRWA continues to operate schools and health centers in refugee camps across the country. Despite this integration, UNRWA’s presence remains vital due to persistent socio-economic disparities, particularly in impoverished camp areas. The Jordanian government views UNRWA as essential to national stability and often advocates for sustained international funding.
However, there remains a delicate balance between supporting integration policies and preserving the unique identity and political claims of refugees, especially concerning the right of return. 2 Case Study 4: UNRWA and Donor-State Relations Due to allegations of anti-Israel prejudice and concerns about UNRWA's handling of refugee status, the United States, which at the time was the agency's biggest donor, suspended all financing in 2018. Due to a severe financial crisis, UNRWA was forced to reduce services in all areas of its operations, including healthcare and school closures. The European Union and Gulf governments were among the other contributors who tried to cover the budget shortfall but were unable to do so. These series illustrated the agency's susceptibility to political pressure and emphasized the necessity of financing sources that are sustainable and varied.
It also demonstrated how the constancy and quality of humanitarian help can be directly impacted by donor politics. 43 Case Study 5: Education Reform and Curriculum Controversies UNRWA’s education system has faced repeated allegations of incorporating politically sensitive or biased content in its teaching materials, particularly in Gaza and the West Bank. Several donor states have commissioned independent reviews of textbooks used in UNRWA schools. In response, UNRWA launched a curriculum reform process, emphasizing critical thinking and alignment with UN values. Nevertheless, challenges remain, especially as hostcountry curricula continue to influence classroom content. The controversy has affected donor confidence and sparked debates over sovereignty, censorship, and the pedagogical responsibilities of international agencies.
This case highlights the difficulty of maintaining educational neutrality in politically sensitive contexts. 44 CHAPTER VI THE FUTURE OF UNRWA AND DURABLE SOLUTIONS One of the most intricate and sensitive humanitarian issues in contemporary history is still the Palestinian refugee crisis. Generations have lived in camps and villages throughout the Middle East since more than 700,000 Palestinians were displaced during the 1948 Arab- Israeli War. The United Nations responded by creating the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in 1949 with the responsibility of delivering relief aid, healthcare, and education. Nearing its eighth decade, UNRWA is confronted with existential issues caused by political disputes, unstable finances, and discussions on its longterm sustainability and future function.
UNRWA has made an effort to update and adjust to the latest humanitarian issues. This includes the COVID-19 pandemic-related digital transformation of services. Digital currency distribution systems, electronic health records, and remote learning platforms have all contributed to the continuity of service delivery during emergencies. 1 Additionally, these developments have improved operational accountability and transparency, which is a crucial first step in regaining donor trust. UNRWA has taken steps to improve internal governance as part of institutional changes. In order to lessen corruption and increase efficiency, changes have been made to financial control procedures, procurement procedures, and staffing policies. 2 Nevertheless, UNRWA's reliance on voluntary donor contributions remains a significant weakness in spite of these measures.
The agency's operations were significantly damaged in 2024 when major donors, including the United States and Germany, suspended financing due to allegations of employee involvement in the October 2023 Hamas assaults. 3 Even though an outside evaluation affirmed the agency's overall worth and confirmed that these were isolated incidents, the financing volatility and reputational harm still exist.
The political environment in which UNRWA operates is becoming more and more divided. While donor nations and Israel regularly voice concerns about its alleged politicization, host nations like Jordan and Lebanon rely largely on its services. Israeli officials have tried to restrict the agency's activities, particularly in East Jerusalem, on the grounds that it is inciting anti-Israel sentiment and escalating the refugee crisis. 4 A transfer of responsibility to other UN agencies may be justified, according to certain donor governments, who also criticize the organization for inefficiency or a lack of accountability. The idea of incorporating UNRWA's operations into the UNHCR's mandate is one of the most contentious strategies. Advocates contend that this kind of integration could guarantee uniformity in protection requirements and harmonize international refugee regimes.
Critics caution that this could weaken the rights of Palestinian refugees, especially the right of return, and jeopardize the political acknowledgment of their special status. Resettlement, repatriation, or local integration are frequently encouraged by UNHCR, which many Palestinians view as challenges to their political claims and sense of national identity.
CHAPTER VII
CONCLUSION
The Palestinian refugee crisis, stemming from the 1948 Arab-Israeli War, has persisted for over seven decades, with millions of Palestinians relying on the United Nations Relief and Works Agency (UNRWA) for essential services. Established in 1949, UNRWA operates within a politically charged environment, offering assistance without resolving the refugees' legal status. Central to the crisis is UN General Assembly Resolution 194, which upholds the Palestinian right of return—a principle that remains a major point of contention in peace negotiations. Unlike the UNHCR, which seeks durable solutions for refugees through integration or resettlement, UNRWA’s mandate reinforces Palestinian refugee identity but also prolongs their statelessness.
Despite repeated peace efforts like the Oslo Accords and the Trump Administration’s proposal, no practical resolution for the right of return has been achieved. Refugees continue to face hardships, especially in host countries like Lebanon, Syria, and the occupied territories. UNRWA is under financial and political strain, with debates around whether its responsibilities should shift to UNHCR. Critics warn such a move might undermine the legal recognition of Palestinian refugees and the right of return. The agency’s future hinges on global political will to uphold international law, pursue just peace solutions, and maintain services until a fair resolution is reached.
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