The still largely secret legislative drafts includes the "first one out of
the gate" authored by Druze leader Walid Jumblatt's Progressive Socialist
Party (PSP) last February. It reflects the views of Lebanese Information Minister
Tarek Mitri that Lebanon's estimated 400,000 Palestinian refugees suffer from
"double discrimination," as he told one recent gathering,
"Because Lebanon's labor laws are based on the principle of reciprocity,
Palestinians are viewed as foreigners and yet not afforded the rights granted
to other foreigners who belong to recognized states".
The PSP bill is impressive and amends Labor and Social Security laws to allow the right to work, home ownership (one apartment) by changing the 3/4/2001 law forbidding Palestinians home ownership, and allowing the inheritance of property by Palestinian refugees as well as health, accident, and retirement benefits. Jumblatt's draft law is being used as a template by others fine tuning their own legislative preferences.
Incrementalism
Some civil rights advocates are suggesting a "quiet and soft approach" so as not to rile slumbering sectarian demagogues from the anti-Palestinian civil war (1975-90) with whispering about a publicity-shy "subtle adjustment of Labor and Interior Ministry regulations as best can be achieved over time." This approach, it is argued, is designed to make it easier for Palestinian refugees to navigate the Kafkaesque and catch 22 web of work permit forms, the condition precedent of having an employer contract, and other draconian procedures. Others are quite adamant that mere "ministerial adjustments" or legerdemain without the full force and effect of law to back them up would be flimsy at best and could destruct overnight given the musical chairs of the undulating and shifting 30 member cabinet. Few in Lebanon, this observer included, can even name more than 10 of the 30 ministers by name, and a new Labor minister could simply by the stroke of a pen, publish a new labor regulation eviscerating the previous one along with the civil right it provided, or more likely, just fail to implement it.
Evidence of past as prologue on this subject is found in the much ballyhooed
June 2, 2005 Ministerial Decree by the Minister of Labor. His enlightened
declaration was touted as removing dozens of jobs from the "no Palestinian
refugee need apply" list and exempting Palestinians registered with the
Ministry of the Interior from certain conditions applying to foreigners. Even
though this "Decision" was confirmed on June 26, 2008 it has never
been implemented. Today this promising Ministerial Decree lays moribund.
Minister of Labor Boutros Harb, of whom it is said in Lebanon that he is a
master of the Lebanese legislative culture, is viewed with suspicion by some,
for hinting just last week that the solution may be to just tamper a bit with
the requirements for a work permit, and obfuscate other issues such as the
reciprocity requirement. Harb is praised by others for his publicly expressed
conviction that "something must finally be done to correct this
travesty." The Minister is privately counseling civil rights advocates,
including the Palestinians themselves, to bring him something concrete that
all "the stake-holders" can agree upon. Boutros appears to want
something specific he can present to his Cabinet colleagues and assure them
that its broadly acceptable. "This is not easy. He's only one of 30 in the
Cabinet and then there is the 130 member Parliament to convince" one of
his staff explained recently.
"2 no's, 2 yes's and one thank you"
It appears that the representatives of the Palestinian refugee camps, including Fatah and Hamas who have cooperated on this project, may have achieved some of what the Minister of Labor has in mind, following months of discussions among various Palestinian Liberation Organization (PLO) groups, NGO's and importantly, representatives of the new "unity" government.
It is possible that a five point plan, prepared by a hard-working steering committee with quite broad representation, could be seriously considered. It is known to Palestine Civil Rights Campaign in Lebanon as the "two no's, two yes's and one thank you" draft. While still not made public, it can be reliably reported that this draft law says 'no' to the work permit, 'no' to reciprocity, 'yes' to social security benefits, 'yes' to the right to work in all professions, and 'thank you' but we don't want naturalization but only to exercise our right of return at the first opportunity.
Theoretically, this 'unity' proposal could end up in the Cabinet for approval and then sent to Parliament. But it is just as likely, according to experienced Palestinian insiders and observers who have been around this track a few times, that the "Lebanese model of words over deeds" will prevail at the Grand Serail unless more Lebanese and international support and political will is manifested.
Maximalism
The most comprehensive legislative proposal is the maximalist draft bill, not yet public, offered by the National Syrian Socialist Party (NSSP), nemesis of the right wing Lebanese Forces (LF) led by Samir Geagea, whose partisans skirmished again on May 2, 2010. The NSSP and the LF have a long history of mutual antagonism going back to 1949 when the Phalange party, reputedly founded following an epiphany experienced by its founder Pierre Gemayal, while a guest at the 1936 Berlin Olympics, sent "brown shirts" to trash NSSP offices. The two parties remained bitter rivals during the 1975-90 civil war when the NSSP was a pillar of Palestinian resistance and today, benefiting from strong Palestinian leadership, is gaining strength and has allied with Hezbollah and Amal. Pending a vote of the NSSP Executive Committee concerning the best timing for release of its legislative proposal, an executive summary of the much anticipated NSSP draft might read something like:
"Civil rights for Palestinian refugees in Lebanon constitute a right not a privilege or charity. These rights cannot be bargained away any more than the Right of Return. As such complete civil rights for Palestinian refugees in Lebanon must be fully implemented and backed by the State. All civil rights afforded any Lebanese citizen must be equally available to every Palestinian refugee. Included are all social, political and economic rights including the right to vote."
The NSSP draft is very attractive to many Palestinians and civil right activists. " I support this approach. It's clean. It's honest. It does not grovel. It tells it like it is." As one Palestinian student at the Lebanese University explained.
Minimalism: 'My party has killed more Palestinians than my opponents and we have earned your vote'
Many who have labored for years to wrest some Palestinian civil rights from the government of Lebanon fear that the NSSP approach, while arguably ideal, will terrify Lebanese politicians, including some progressive Christian supporters in the Metn. One Christian proponent of granting civil rights explained: "Remember, in the last election, some rival Christian candidates would argue in private gatherings of voters that "our party killed more Palestinians that our opponents did and we have earned your vote." Another advised that the language in the by-laws of the right-wing Christian Guardians of the Cedars to the effect that " it is the duty of every Lebanese to kill at least one Palestinian" has never been expunged.
Lebanon is a country where cynicism runs deep towards politicians-- especially their words. But there are exceptions, including Samir Geagea leader of the Lebanese Forces. While maliciously rumored to be having an affair with US Ambassador Michele Sison given their frequent meetings, Samir enjoys the status as the only politician in Lebanon that, in light of the mushrooming defections of "Welch club" March 14 politicians to the Resistance bloc, US Assistant Secretary of State for Near Eastern Affairs, Jeffrey Feltman, still trusts. When he speaks about Palestinians, Geaga has a public credibility rating close to Hezbollah's. People believe him.
The PSP bill is impressive and amends Labor and Social Security laws to allow the right to work, home ownership (one apartment) by changing the 3/4/2001 law forbidding Palestinians home ownership, and allowing the inheritance of property by Palestinian refugees as well as health, accident, and retirement benefits. Jumblatt's draft law is being used as a template by others fine tuning their own legislative preferences.
Incrementalism
Some civil rights advocates are suggesting a "quiet and soft approach" so as not to rile slumbering sectarian demagogues from the anti-Palestinian civil war (1975-90) with whispering about a publicity-shy "subtle adjustment of Labor and Interior Ministry regulations as best can be achieved over time." This approach, it is argued, is designed to make it easier for Palestinian refugees to navigate the Kafkaesque and catch 22 web of work permit forms, the condition precedent of having an employer contract, and other draconian procedures. Others are quite adamant that mere "ministerial adjustments" or legerdemain without the full force and effect of law to back them up would be flimsy at best and could destruct overnight given the musical chairs of the undulating and shifting 30 member cabinet. Few in Lebanon, this observer included, can even name more than 10 of the 30 ministers by name, and a new Labor minister could simply by the stroke of a pen, publish a new labor regulation eviscerating the previous one along with the civil right it provided, or more likely, just fail to implement it.
"2 no's, 2 yes's and one thank you"
It appears that the representatives of the Palestinian refugee camps, including Fatah and Hamas who have cooperated on this project, may have achieved some of what the Minister of Labor has in mind, following months of discussions among various Palestinian Liberation Organization (PLO) groups, NGO's and importantly, representatives of the new "unity" government.
It is possible that a five point plan, prepared by a hard-working steering committee with quite broad representation, could be seriously considered. It is known to Palestine Civil Rights Campaign in Lebanon as the "two no's, two yes's and one thank you" draft. While still not made public, it can be reliably reported that this draft law says 'no' to the work permit, 'no' to reciprocity, 'yes' to social security benefits, 'yes' to the right to work in all professions, and 'thank you' but we don't want naturalization but only to exercise our right of return at the first opportunity.
Theoretically, this 'unity' proposal could end up in the Cabinet for approval and then sent to Parliament. But it is just as likely, according to experienced Palestinian insiders and observers who have been around this track a few times, that the "Lebanese model of words over deeds" will prevail at the Grand Serail unless more Lebanese and international support and political will is manifested.
Maximalism
The most comprehensive legislative proposal is the maximalist draft bill, not yet public, offered by the National Syrian Socialist Party (NSSP), nemesis of the right wing Lebanese Forces (LF) led by Samir Geagea, whose partisans skirmished again on May 2, 2010. The NSSP and the LF have a long history of mutual antagonism going back to 1949 when the Phalange party, reputedly founded following an epiphany experienced by its founder Pierre Gemayal, while a guest at the 1936 Berlin Olympics, sent "brown shirts" to trash NSSP offices. The two parties remained bitter rivals during the 1975-90 civil war when the NSSP was a pillar of Palestinian resistance and today, benefiting from strong Palestinian leadership, is gaining strength and has allied with Hezbollah and Amal. Pending a vote of the NSSP Executive Committee concerning the best timing for release of its legislative proposal, an executive summary of the much anticipated NSSP draft might read something like:
"Civil rights for Palestinian refugees in Lebanon constitute a right not a privilege or charity. These rights cannot be bargained away any more than the Right of Return. As such complete civil rights for Palestinian refugees in Lebanon must be fully implemented and backed by the State. All civil rights afforded any Lebanese citizen must be equally available to every Palestinian refugee. Included are all social, political and economic rights including the right to vote."
The NSSP draft is very attractive to many Palestinians and civil right activists. " I support this approach. It's clean. It's honest. It does not grovel. It tells it like it is." As one Palestinian student at the Lebanese University explained.
Minimalism: 'My party has killed more Palestinians than my opponents and we have earned your vote'
Many who have labored for years to wrest some Palestinian civil rights from the government of Lebanon fear that the NSSP approach, while arguably ideal, will terrify Lebanese politicians, including some progressive Christian supporters in the Metn. One Christian proponent of granting civil rights explained: "Remember, in the last election, some rival Christian candidates would argue in private gatherings of voters that "our party killed more Palestinians that our opponents did and we have earned your vote." Another advised that the language in the by-laws of the right-wing Christian Guardians of the Cedars to the effect that " it is the duty of every Lebanese to kill at least one Palestinian" has never been expunged.
Lebanon is a country where cynicism runs deep towards politicians-- especially their words. But there are exceptions, including Samir Geagea leader of the Lebanese Forces. While maliciously rumored to be having an affair with US Ambassador Michele Sison given their frequent meetings, Samir enjoys the status as the only politician in Lebanon that, in light of the mushrooming defections of "Welch club" March 14 politicians to the Resistance bloc, US Assistant Secretary of State for Near Eastern Affairs, Jeffrey Feltman, still trusts. When he speaks about Palestinians, Geaga has a public credibility rating close to Hezbollah's. People believe him.
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