Kathleen Newland, Co-Director of the Migration Policy Institute, began the briefing by introducing Karen AbuZayd, currently the Deputy Commissioner-General of the United Nations Relief and Works Agency (UNRWA). Before accepting the UNRWA post in August 2000, Ms. AbuZayd worked for the United Nations High Commissioner for Refugees (UNHCR) for 19 years in a variety of posts in Sudan, Namibia, and Sierra Leone, as UNHCR Chief of Mission in Bosnia, and as UNHCR Regional Representative for the United States and Caribbean.

Ms. AbuZayd began her presentation by discussing facts and figures relative to UNRWA's current work in the region. Today, 3.9 million Palestinian refugees in the West Bank, Gaza Strip, Lebanon, Syria, and Jordan fall under UNRWA's mandate. One-third of the total are in one of 59 camps. The percentage of refugees living in camps has declined from 40-50 percent in the 1960s-1970s to 32 percent today.

Since its inception in 1949, UNRWA has worked in three main program areas: education, health, and social services. Recently, the agency added a micro-finance and micro-enterprise component to its efforts, disbursing 49,000 loans totaling $69 million in support. Until recently, the entire program micro-finance program was self-sufficient. UNRWA also supports 544 schools, 90 percent of which are double-shifted in order to accommodate more than 500,000 students. Further, it maintains 125 clinics, and even before the second intifada, most doctors were responsible for more than 100 patients per day.

The agency consists of approximately 23,000 local staff, complemented by approximately 100 international staff (11,000 of the local staff work in the West Bank and Gaza.). Its headquarters are in Gaza City and Amman.

UNRWA's Emergency Operations since the beginning of the current hostilities

Since the renewed outbreak of violence beginning in September 2000, approximately 125,000 Palestinians have lost jobs they had previously held in Israel. The resultant loss of income has greatly increased the number of people under UNRWA's mandate who are now in need of emergency assistance, particularly food aid. Before the renewed violence, 6 percent of those under UNRWA's mandate required emergency assistance; that number has since risen to 80 percent. At the same time, UNRWA's funding has decreased from $200 per refugee per year to $70 per refugee per year due to the implementation of austerity budgets.

As a result of the ongoing violence and the disruptions caused by frequent school closures, etc., the traditionally high pass rates for students in UNRWA schools has been declining. There is a strong need for compensatory education such as summer school as well as for other structured activities to keep students away from the violence as much as possible. Psychological counseling is also needed.

UNRWA is working on shelter programs to help repair the damage caused by recent Israeli incursions into the West Bank. Much of the needed infrastructure repair is being done by unemployed Palestinians through UNRWA-sponsored temporary work programs. These programs typically last three months and are spread around various locations in order to help as many people as possible. UNRWA is careful to ensure that the programs are constructive and not just "make-work" activities.

One of UNRWA's biggest concerns is that of safe humanitarian access, in terms of freedom of movement and security of both people and goods. It is understood that the West Bank will soon be divided into eight separate cantons, each with its own security perimeters and checkpoints through which all shipments will have to pass - in other words, all trucks will have to be unloaded and reloaded at every checkpoint. Currently there are 79 checkpoints and 119 roadblocks in the West Bank, their locations constantly changing and therefore preventing any type of advance planning for transportation of even humanitarian goods.

Even though UN staff are supposed to have diplomatic immunity and guaranteed access, a great deal of time is taken up merely in obtaining permits and negotiating humanitarian access at each security point. Obtaining such permits for local UNRWA staff is becoming increasingly difficult and is affecting staff levels, particularly for those who reside in the West Bank and are supposed to work in Jerusalem. As a result, UNRWA is attempting to shift some of its staff in order to allow people to work as close to home as possible and ease problems of movement to some degree.

Restriction on the movement of goods is having a negative effect on the territories. In some cases, farmers are forced to sell their crops at abnormally low prices, as they are unable to ship them outside of the territories and thus must get rid of them before they rot. On the other hand, goods that should normally be shipped into the territories, such as fuel, are extremely scarce and thus far more expensive than many residents can afford. Many people have been forced to sell nearly all their possessions in order to keep families fed.

The destruction of many of the Palestinian Authority's institutions has also been problematic both for the Palestinians themselves (the previously well-functioning ministries of health and education, for example, have been targeted in Israeli raids) as well as for international and non-governmental organizations such as UNRWA that rely on these ministries and departments - such as the statistics department - for useful information.

Question and Answer Session:

What is the usefulness of implementing partners in UNRWA's work? Does UNRWA have any plans to use more implementing partners in the future?

Though the agency does have some implementing partners, it has so many local staff that it prefers to work with them to develop local self-sufficiency. Further, particularly in Gaza there are few active NGOs, and those that are present tend to look after non-refugees.

What is the difference in legal status between refugees and non-refugees?

Legally, there is no distinction, though most non-refugees do not use UNRWA's schools or other services. A refugee, according to UNRWA's mandate, is an individual or the descendant of an individual who had lived continuously in Palestine for at least two years prior to 1948, and was displaced by conflict at that time or has since been displaced.

Most refugees are free to move and/or live outside the camps if they so choose, except in Lebanon.

It is important to note here that it is incorrect to describe the camps as "UNRWA camps" - they are run by camp committees and the Palestinian Authority. UNRWA is not responsible for the camps themselves, but rather only for those services that the agency provides within them, such as schools, clinics, etc.

Given the administrative difficulties faced by UNRWA (lack of ability to plan; difficulty of inter-office communication, etc.), are there any negotiations between UNRWA and the Palestinian Authority? What about with the Israeli settlements?

UNRWA does not meet with or have any official links with the settlements or settlers.

UNRWA does however have well-established links with the Palestinian Authority (PA). The negotiations that do occur between UNRWA and the PA are aimed at ensuring there is no duplication of efforts and that what UNRWA does in the camps is of the same standard as what is done by the PA in the rest of the territories.

It is important to note that the security sweeps - which often include UNRWA staff - are a significant obstacle to the smooth functioning of UNRWA programs. UNRWA has never during its 53 years of operation, been implicated in violence. UNRWA has no police or intelligence services. When local UNRWA staff members have been caught up in security sweeps, they have almost always been released: during the current hostilities, 15 staff members have been detained, resulting in only one conviction, which is remarkable given the size of UNRWA's local staff. When staff members are in custody, UNRWA always inquires about the charges, evidence, etc., though the questions are rarely if ever answered by the Israeli police/defense forces.

What is the framework in which UNRWA attempts to promote the idea of and need for "humanitarian space?" In other words, does it use refugee law, the Geneva Conventions, etc.?

UNRWA appeals are not related directly to the camps themselves. The agency uses the Geneva Conventions more frequently than refugee law, partly due to the fact that UNRWA was created before the existence of the Refugee Convention or of UNHCR.

Israeli forces tend to use "security issues" as the reason for denying access to UNRWA, thereby negating to some degree the usefulness of any Geneva Convention access/protection framework that the agency might have tried to use, since the Conventions permit derogation from obligations in the face of compelling security concerns.

The unique status of Palestinian refugees means that the right to return (to one's home) under international law is not recognized and that any discussion of return must therefore be brokered with the Israeli government. What are the major issues associated with return? Do you encourage UNHCR to keep the Palestinians "in its purview?"

UNHCR does work with Palestinian refugees outside the UNRWA-mandated region.

Any right to return will be part of the final status negotiations whenever peace negotiations resume. In the meantime, individuals may attempt to return on their own, but it is not an option as a group.

UNRWA is not engaged with the political side of the debate. As it stands now, Israel will not accept the idea of return; the Palestinian refugees will not accept the idea of resettlement.

How does UNRWA respond to the argument that UNHCR's mandate should be expanded in order to encompass Palestinian refugees because UNHCR has a protection mandate, whereas UNRWA does not? Practically, would such a change make any difference? Would there be a wider range of durable solutions if UNHCR were involved?

All options - the durable solutions - will be available with a just peace.

UNRWA's mandate has increased since its creation in 1948 and in some cases, these expansions of mandate have mentioned protection. Further, UNRWA's original mandate is for the assistance of Palestinian refugees, and protection can be and is accomplished through such assistance. What is really missing in terms of protection? The Palestinian Authority speaks on behalf of refugees; and assistance is facilitated by UNRWA. There would be little practical difference if UNHCR were involved; both agencies would face the same problems, and indeed UNHCR has not shown interest in taking over UNRWA's mandate.

Has there been an increase in funding since the current outbreak of hostilities?

UNRWA has faced austerity budgets during the last few years, through this year it received almost all of the emergency funding it asked for and in fact finished the year (2001) with a surplus. Nonetheless, the overall trend has been downward. In the 1970s, UNRWA spent roughly $200 per refugee per year. Today, that figure is approximately $70 per refugee per year. There is still uncertainty as to what will happen this year. The agency has increased its emergency appeal since February. Additionally, the government of the United Arab Emirates has agreed to fund the rebuilding of the Jenin camp.

What other agencies receive emergency funding for assistance and protection of Palestinian refugees?

• The US Agency for International Development (USAID; though it tends to channel its funds through UNRWA)
• Other UN agencies (the World Food Program, for example, particularly for non-refugees)
• The International Committee of the Red Cross/Red Crescent Societies (ICRC)

Particularly in Gaza, however, there is no alternative to UNRWA. And even other UN agencies that attempt to get involved encounter the same problems with which UNRWA has already been dealing. UNRWA has negotiated access for years - any new agency would be forced to start from scratch.

What is the status of the United Nations Compensation Commission for Palestine (UNCCP)?

The last meeting of the Commission (which is led by the United States, France and Turkey) was in 1968. It maintains files on property held by Palestinians prior to 1948. UNRWA hopes to work with the Commission once there is a peace settlement in place, but otherwise it remains largely non-operational.

What are the difficulties UNRWA faces particularly in terms of its operations in Lebanon?

Refugees in Lebanon have less opportunity to become self-sufficient than their counterparts in the territories, Jordan, and Syria. They are not allowed to work except in very limited fields prescribed by the Lebanese government, and are not allowed to grow crops or perform other self-sustaining activities. The camps in Lebanon are "refugee camps" in the traditional sense. They are surrounded by security fencing, and refugees are not allowed to bring in construction materials to build up or repair their dwellings. As a result, the Palestinian refugees in Lebanon are always first on the priority list for implementation of durable solutions.

Refugees are treated differently in Lebanon for a multitude of reasons, including those related to the Lebanese civil war and a fear of upsetting Lebanon's delicate demographic balance, partially due to the fact that most Palestinian refugees are Sunni Muslim.

What does UNRWA anticipate will happen in the next six months?

There has been a great deal of interagency work (with WFP, etc.) on contingency planning. Organizations such as UNICEF, UNDP and others are trying to increase their staff levels in the region. OCHA is also increasing its involvement in the issue. Agencies are developing both reconstruction/development and emergency contingency plans, as it is still difficult to tell in which direction the conflict may turn within the next six months/year.

What concrete effects are being seen as a result of a lack of humanitarian access? (i.e.: there have been stories of women not being able to get to hospitals in time to deliver babies or ambulances not arriving in time because of roadblocks, etc.)

There has been a small increase in morbidity in recent months but UNRWA has been pleased it wasn't larger. Particularly in the West Bank, the agency has exchanged staff among different locations in order to best facilitate access and care. Doctors are becoming increasingly overbooked, however, and the lack of resources have forced many people who would ordinarily go to private doctors to use UNRWA facilities instead, again resulting in overcrowding.

Remittances are still getting though and, surprisingly, several of the Palestinian Authority institutions are still running, and the banking system is still functioning well.

There was a net outflow from the territories of more than 20,000 Palestinians in 2001. Will they be allowed to return should they choose to do so? Have they been issued travel documents? Do any of these issues fall under UNRWA's mandate?

Once a refugee has left the region, s(he) will not be allowed to return. Additionally, Jordan is no longer admitting from the territories any individuals who may have a reason to stay on Jordanian soil.