This position paper produced by BADIL Resource Center for Palestinian Residency and Refugee Rights constitutes a review and analysis of the Independent Review of Mechanisms and Procedures to Ensure Adherence by UNRWA to the Humanitarian Principle of Neutrality. The paper, entitled “A Critical Analysis of the Biased Review of UNRWA’s Neutrality”, identifies and addresses the serious strategic risks imposed on UNRWA, its mandate, and its sustainability arising from the approach and recommendations of the Review.
The Review, initiated following the unfounded Israeli accusations that 12 UNRWA staff members participated in the 7 October resistance operations, proposes 50 recommendations in an unclear, vague manner that leaves them open to dangerous interpretations that can be made by states and donors complicit in the crimes of Israel’s colonial-apartheid regime. This threatens not only UNRWA’s neutrality, but its work and very existence. The Review Group’s methodology and approach are not impartial, but rather align with the Israeli regime’s colonial narrative and its ongoing campaign to demonize, delegitimize and dismantle UNRWA.
Additionally, the Review has no mentions of the ongoing genocide in Gaza, and that Israel has not only been killing UNRWA staff members and attacking UNRWA premises, but has also been actively obstructing the entry of humanitarian aid and preventing UNRWA from fulfilling its mandate. The Review’s omission of this context promotes, even if implicitly, the notion that Palestinians are the perpetrators and must be monitored, and that Israel’s crimes and violations of international law are admissible enough to be disregarded. Indeed, throughout the whole Review, instead of adopting a framework of protection of UNRWA and its staff, the Review Group has instead opted to adopt a framework of terrorism and securitization, as defined by Israel and its colonial allies.
The Review Group has failed in its approach by (1) applying the concept of neutrality as derived from Israel’s, the USA’s, and the EU’s understanding, (2) adopting a definition of terrorism as defined by Israel, the USA, and the EU, (3) carrying out the politically-motivated practice of extending its mandate and imposing irrelevant issues, (4) focusing on the non-affiliation of employees rather than the neutrality of the agency itself, and (5) carrying out the Review under the willful ignorance of the historical and political context while ignoring Israel’s illegal practices that affect UNRWA’s operation and neutrality. This failed approach is clearly politically-motivated, and has led to the dangerous recommendations set out in the Review.
As such, BADIL’s recommendations include:
- The Review removes its biased understanding of terrorism derived from and based on Israel’s and its allies’ criteria, and takes into serious consideration the context in which UNRWA is operating.
- The Review must institutionalize its approach on humanitarian principles, especially the principle of neutrality, as set in international law and not as defined by individual states’ legislations and national understandings. Thus, the Review must withdraw all recommendations that stand in contradiction with international standards and principles.
- The Review recognizes that the UNGA is the sole body that has the authority to supervise or direct UNRWA or to amend its mandate, and that any other body outside the UNRWA or UN system that might be created must not be given more than advisory or consultative status.
- Under no circumstances must Israel or any other state be granted any power to interfere with UNRWA, its mandate and its operations.
- The Review recognizes and reaffirms the comprehensive protection that UNRWA and its staff, including its Palestinian staff, are entitled to in accordance with customary international law, humanitarian principles, and the Convention on the Safety of United Nations and Associated Personnel.
- The Review adopts a balanced and objective approach to handle the neutrality issue and addresses Israel’s acts that undermine UNRWA’s neutrality, such as Israel’s bill to designate UNRWA as a terrorist organization, its forced closure of UNRWA’s premises in Jerusalem, and its denial of entry of UNRWA’s Commissioner-General, Philippe Lazzarini, into Gaza.
