^* Editorial Note The following report concerns the plight of the Palestinians in Libya. The first part of the report was written by Dr. Bassem T. Sirhan, a Palestinian sociologist who wrote extensively on the Palestinians living in several countries, including Kuwait. He taught at the universities of Lebanon, Kuwait and Libya. Dr. Sirhan's testimony was first published in Arabic, and excerpts of that testimony were translated into English for the Yearbook by Ayman H. Abdel Khaleq of the Jordanian Bar, and asso- ciate at the law offices of Elias Nasser & Associates, Amman, Jordan. All notes are added. The second part of the report, also prepared by Mr. Abdel Khaleq, is based on the files of the Year- book. 1 The article was published in Majallat Al-Dirasat AI-Falistinyah, Issue 29, Winter of 1997 (in Arabic). 2 This article was published before this tragedy ended in April, 1997. 3 See part (2) of this report.

4 George Henderson suggested that: "...after all, Libya has always put itself forward as the guardian of the Arab soul, for whom the Palestinian cause was the dearest issue of all". PAL_ES_TINIANS BEAR THE BURNT, Middle East Magazine, September 22, 1995, at 7.

5 STRANDED P_ALES_TIN_IANS HEAD FOR G_AZ_A THROUGH JORDAN, Jordan Times, September 24, 1995, p.l, 1, cols. 4-6; Q_AD_HAFI REASONS HIS DECISION TO EXPEL P_ALES_TINIANS BY THE NEED TO PROVE THE FAILURE OF THE PEACE PROCESS, Al-Hayat, September 3, 1995, p.6, cols. 1-5; and Q_ADHAFI : P_ROVWG THE FAIL- _URE OF THE 'SELF-RULE' LED TO EXPELLING P_ALES_TINI_ANS FROM LIBYA, Al-Aswaq, September 3, 1995. 6 For more on this call to all Arab and Islamic states to act likewise, kindly refer to, Q_{ADHAFI AGAW} CALLS FOR EXPULSION OF P_ALESTINIAN_S, Mideast Mirror, Press Review No. 126/G/95, September 18, 1995, p. 3. 7 In a press release carrying the number HQ/8/95 and published on September 13, 1995, by the United Nations Relief and Working Agency for Palestine Refugees in the Near East (UNRWA), it was stressed by the Commissioner General, that while a matter like Libya's decision to expel Palestin- ians is within the jurisdiction of Libya as a sovereign state, the humanitarian dimension of this developing situation called for immediate attention. Later on, and in a report issued by UNRWA, on September 29, 1995, the United Nations High Commissioner of Refugees and UNRWA Commis- sioner General jointly expressed their continuing concern at the hardships endured by Palestinians who were still being required to leave Libya. According to the report: "Many of those affected do not possess rights of residence elsewhere and other countries in the region are maintaining additional restrictions on their entry and movement. 8 A high level delegation representing the coalition of 10 Palestinian factions opposed to Arafat arrived in Tripoli to hold talks with Libyan officials on Qadhafi's decision to deport thousands of Palestinians. EXPULSION OF P_ALESTINI_ANS FROM LIBYA STRAINS PRECARIOUS L_EBAN_ESE-P_ALESTINI_AN TIES, Mideast Mirror, September 11, 1995, p.7.

9 Later on the author sent a letter to the chief editor of the Palestinian Directorate of International Law, updating him on the progress of the crisis. The author cited in his letter a number of legal vio- lations committed by the Libyan regime, one of which being its deeision to prohibit foreign workers from repatriating their compensations in foreign currency at the official exchange rate of the Libyan dinar, unless they originally come to work in Libya on the basis of a formal letter of appointment from one of the Libyan ministries or their entry visas states that they are entering for employment purposes. This did not apply to many Palestinians as most of them entered Libya before having a job or before being formally appointed, in the wake of the golden era of relations between Libya and the PLO; therefore, most of them had to receive their post-employment compensation based on the blackmarket value of the Libyan dinar, which practically reduced the value of their compensations by up to 90%. Also, some employees were stunned to see that the contracts they signed with Libyan institutions outside Libya had been modified or amended after they arrived to Libya. Finally, the author mentioned that the Libyan authorities managed several times to postpone the date when employees willing to travel abroad receive their plane tickets (due to take off from Tunisia), thus depriving them of the chance to travel as their annual leave would come to an end while still waiting for their tickets. It remains to be said that the author cited a number of cases when Palestinians, as well as Arab employees, were victims of the above practices. 10 See for example, STANDARD P_ALES_TINI_ANS HEAD FOR GAZA THROUGH JORDAN, EGYPT, it and EXPEL- LEE CHILDREN SICK, DEATHS REPORTED - UN, Jordan Times daily, October 18, 1995, p. 1, cols. 6-8. Also, P_ALES_TINIAN BABY DIES _{M DEP}O_RTEES CAMP DUE TO BAD CONDITIONS, Gaza Strip & West Bank Press Review, October 23, 1995, p. 2. 11 1 Ali Omer Al-Khader, in an article published in the Libyan Al-Shams newspaper, said: "The Jamahiryah (Libya) has made an historical stand by reviving the refugee issue. In doing so, Libya is taking a splendid humanitarian position especially as there is talk about what is called Peace. The simplest rules of peace are to allow people to return to their usurped land." RESERVING FACTS DOES NOT CANCEL THEM, Al-Shams, January 30, 1996. 12 STANDARD PALESTINIANS HEAD FOR GAZA THROUGH JORDAN, EGYPT, id..

13 For more details, kindly refer to UNRWA's press release no. HQ/7/95 of September 13, 1995 and UNHCR and UNRWA press release no. HQ/8/95 dated September 29, 1995. The inability of UNRWA to provide solutions to problems faced by the stranded Palestinians, continued even after the Colonel reactivated his expulsion decision in May 1996. This is again due to the fact that the area is outside LTNRWA's remit. LIBYA CREATES _A NEW REFUGEE PROBLEM, The Jerusalem Times, May 10, 1996, p. 7. 14 According to The Guardian, the figure of expelled Palestinians was around 6,000. Deported Pales- tinians appeal to Egypt for help, The Guardian, October 10, 1995. 1 More details on the effects of the Libyan decision after a month or so from its issuance may be found in the following article: UNRWA AND UNHCR CALL ON Q_ADHAFI TO STOP THE FORCED _EXPUL- _SION OF P_ALESTINIANS, Al-Hayat, September 30, 1995, p. 7, cols. 1-3, and, 1,200 P_ALESTINIANS IN SEVERE CONDITIONS ON THE EGYPTIAN-LIBYAN BORDERS, Al-Hayat, October 7, 1995, p. 4, cols. 5-7. 16 E_XPELLEE CHILDREN SICK, DEATHS REPORTED - UN, id., and FLOODS SIEGE THE EXPELLED ON THE LIB- YA_N-EG_YPTI_AN BORDERS, Al Hayat, October, 20, 1995, p. 5. 17 UN: P_ALES_TINIANS STILL ARRIVING AT LIBYAN BORDERS, Gaza Strip & West Bank Press Review, October 17, 1995, p. 2. 18 On September 14, 1995, Gaza Center for Rights and Law issued a press release entitled, A NEW LINK IS ADDED TO THE SERIES OF TRAGEDIES OF WHICH THE PEOPLE OF PALESTINE HAVE BEEN SUFFERING SINCE THE BEGINNING OF THE CURRENT CENTURY. In this press release the center appealed to the Lib- yan government to deactivate its expulsion deeision, the Israeli government to permit those who have been thrown from Libya and whose original places of residence were in Gaza Strip to return them back to their places of residence, and finally it called upon the PLO to abide by its responsibil- ities to arrange for settlement of this new tragedy by approaching the concerned authorities through PLO representative offices in their countries. An appeal was also issued to the UNHCR and human rights agencies and organizations to settle this legal and human problem.

19 See, M_OUSA: W_E AGREED WITH LIBYA TO SETTLE THE EXPELLED P_ALES_TI_NI_AN'S PROBLEM WITHIN TWO WEEKS AND ISRAEL HAS EXPRESSED ITS UNDERSTANDING, Al-Hayat, October 14, 1997, p. 4, and M_USA: PROBLEM OF DEPORTED PALESTINIANS WILL END SOON, Gaza Strip & West Bank Press Review, Octo- ber 15, 1995, p. 3. 20 HUNDREDS OF P_ALESTINIANS ON SHIP, Gaza Strip & West Bank Press Review, October 18, 1995, p. 2. 21 THE HARDSHIPS OF PALESTINIANS TRAPPED OPPOSITE TO THE SHORE OF CYPRUS COMES TO AN END. Al- Dustour, October 23, 1997, p. 24. SYRIA ACCEPTS HUNDREDS OF EXILED LIBYAN PA_LESTINI_ANS, The Jerusalem Post, October 19th, 1995. In Al-Hayat daily newspaper it was mentioned that 608 Pales- tinians returned to Syria, while 13 of them carrying Jordanian documents returned to Jordan. Fur- thermore, the newspaper mentioned that 30 Palestinians among those who were trapped in the Lib- yan ship which was denied entry to Cyprus were offered to be allowed to go back to Libya by Libyan authorities, which sent a ship for that purpose; however, they refused to board the ship, and preferred to stay where they were. Al-Hayat, October 29, 1995, p. 5, cols. 3-4. Lebanon on its part turned back several hundred Palestinians who arrived from Libya on two ships late August, 1995. Their entry was made subject to obtaining an entry visa, even for those holding Lebanese travel doc- uments. This move derived from the Lebanese official stance that the resettlement of Palestinians in Lebanon is rejected by the Lebanese authorities and all the Lebanese people from all religious com- munities. Expulsion of Palestinians from Libya precarious Lebanese-Palestinian ties, id. at 8; also, Arab columnists dismayed by "bazaar" over Palestinians evicted from Libya, Mideast Mirror, Sep. 12th, 1995, p. 15. 22 QADHAFI SUSPENDS EXPELLING PALESTINIANS FOR A PERIOD BETWEEN THREE TO SIX MONTHS, AI-DtlS- tour, October 26, 1995, p. 25, cols. 5-8. Despite all the above, a number of Palestinians remained in what was called "The Return Camp" which was established on the Libyan-Egyptian borders. Fifteen tents did not survive the floods and wind, and around 200 Palestinians who resided in the camp were facing severe conditions, as evidenced by UNHCR. See, RAIN DROWNS _A REFUGEE CAMP ON THE EGYPTIAN-LIBYAN BORDERS, Al-Hayat, February 2, 1996, p. 7, cols 1-3.

23 LIBYA STARTS GATHERING PALESTINIANS IN ORDER TO EXPEL THEM FOLLOWING THE END OF THE ACA- _DEMIC YEAR, AI-Dustour, May 17, 1996, p. 18, cols. 2-4. 24 LIBYA GROUPS PALESTINIANS TOGETHER, IN PREPARATION TO EXPELLING THEM FROM ITS TERRITORIES, Al-Hayat, May 17, 1996, p.5, cols. 3-4. 25 See, MUBARAK'S TELECOM WITH QADHAFI COINCIDES WITH L_IBYA'S PREPARATIONS TO EXPEL PALESTIN- _IANS, Al-Hayat, May 18, 1996, p. 6, cols. 3-6. 26 EXPELLING PALESTINIANS FROM LIBYA CREATES NEW PROBLEMS FOR THE PALESTINIAN AUTHORITY, Al- Dustour, May 19, 1996, p. 25, cols. 1-5. 27 Salma A. Shawa, PALESTINIANS EXPELLED BY LIBYA STRANDED IN M_AKESHIFT CAMP, The Washington Report on Middle East Affairs, August/September 1996, p. 9-10. 28 Salma A. Shawa, id.

29 For example, see, P_ALESTINIANS STRANDED ON THE EGYPTIAN-LIBYAN BORDERS PLACE THEIR TENTS NEAR A_L-S_ALOUM BORDER-POINT, Al-Dustour, October 11, 1996, p. 19, cols. 1-2, THE RETURN CAMP P_ALESTINIANS PROTEST ON THE EGYPTIAN-LIBYAN BORDERS, Al-Hayat, November 31, 1996, p. 5, cols. 4-5, PALESTINIANS IN THE RETURN CAMP, THREATEN TO CLOSE THE INTERNATIONAL HIGHWAY AGAIN, Al-Hayat, November 24, 1996, p. 5, cols 3-4, and P_ALESTINIANS ON THE EGYPTIAN-LIBYAN BORDERS START _A HUNGER STRIKE AND REFUSE TO TAKE MEDICINE, AI-Hayal, December 6, 1996, p. 5, cols. 1-3. 30 THE FORGOTTEN P_{ALESTINIANS OWE} THEIR SURVIVAL TO UN AID, Al-Dustour, February 14, 1996, p. 24, cols. 1-5. 31 It is also suggested that the decision to return back all Palestinians to their jobs and homes, and pay them their dues and wages they have not received goes back to October 1996. LIBYA STOPS _DEPO_RTA- _TION OF P_ALESTINIANS, AI-Quds Al- 'Arabi, October 4, 1996, p.l. This is reversed by some reports of humanitarian agencies, which were still concerned at the time, about the status of around 270 Pales- tinians refugees stranded at the borders between Egypt and Libya (for example kindly refer to, C_ON- _DITIONS OF P_ALES_TINIANS IN LIBYA CONTINUE TO DETERIORATE, a report by AI-Haq International Com- mission for Jurists, December I1, 1996; also articles originally published in Al-Ayyam, AI-Hayat, and AI-Quds, and republished in Gaza Strip & West Bank Press Review, December 17, 1996). It may be that the Colonel's decision was not implemented in actuality. 32 STRANDED P_ALESTINIANS TURNED DOWN LIBYA OFFER, Jordan Times, January 22, 1997, page 1, col. 4. 33 PALESTINIANS STRANDED ON THE EGYPTIAN-LIBYAN BORDERS, REFUSE TO RETURN TO LIBYA WITHOUT GUARANTEES, AI-Dustour, January 22, 1997, page 21, cols. 6-8. 34 LIBYA SEEKS THE HELP OF THE PALESTINIAN AUTHORITY TO BRING THE REFUGEES CRISIS TO AN END, AI- Ra'i, February 13, 1997, p. 18, cols. 1-3.

35 THE LIBYAN ARMY REMOVES THE PA_LEST_IN_IAN REFUGEE CAMP ON THE EGYPTIAN BORDERS, id., and LIBYA RETURNS _DEPO_RT_EES BY FORCE, Al-Hayat, April 20, 1997. 36 LIBYA SEEKS THE HELP OF THE PALESTINIAN AUTHORITY TO BRING THE REFUGEES CRISIS TO AN END, id., and THE LIBYAN ARMY REMOVES THE P_ALE_STINIAN REFUGEE CAMP ON THE EGYPTIAN BORDERS, id..