Middle East Facts 2016: JEWISH REFUGEES FROM ARAB COUNTRIES: THE CASE FOR RIGHTS AND REDRESS

JEWISH REFUGEES FROM ARAB COUNTRIES:
THE CASE FOR RIGHTS AND REDRESS

Prepared by:

David Matas and Stanley A. Urman

Prepared for Justice for Jews from Arab Countries

This report was written by, and represents the opinions and conclusions of David Matas, Chair of
the Advisory Legal Committee, and Stanley A. Urman, of Justice for Jews from Arab Countries.

INTRODUCTION

Historically, Jews and Jewish communities have existed in the Middle East, North Africa and the Gulf region for more than 2,500 years.

Jews in substantial numbers resided in what are to-day Arab countries over 1,000 years before the advent of Islam. Following the Moslem conquest of the region, for centuries, while relegated to second-class status, Jews were nonetheless permitted limited religious, educational, professional, and business opportunities.

The status of Jews in Arab countries changed dramatically immediately before and after
the Arab world attacked the new State of Israel in 1948. By way of example, in Syria, as a
result of anti-Jewish pogroms that erupted in Aleppo in 1947, 7,000 of the town s 10,000 Jews
fled in terror. In Iraq, Zionism became a capital crime. Bombs in the Jewish Quarter of Cairo
killed more than 70 Jews. After the French left Algeria, the authorities issued a variety of anti-
Jewish decrees prompting nearly all of the 160,000 Jews to flee the country. After the UN
General Assembly resolution on the Partition Plan, Muslim rioters engaged in a bloody pogrom
in Aden and Yemen, which killed 82 Jews. Varying numbers of Jews fled from 10 Arab

countries, becoming refugees in a region overwhelmingly hostile to Jews. In virtually all cases, as Jews left the country, individual and communal properties were confiscated without compensation.

Little is heard about these Jewish refugees because they did not remain refugees for long. Of
the hundreds of thousands of Jewish refugees between 1948 and 1972, some two thirds were

resettled in Israel at great expense others emigrated elsewhere all without any

compensation provided by the Arab governments that confiscated their possessions.

Palestinians who became refugees as a result of the 1948 war when six Arab nations attacked the fledgling State of Israel. (UN estimate: 726,000)

There is a moral and legal imperative to ensure that justice for Jews from Arab countries assumes its rightful place on the international political and juridical agenda and that their rights be secured as a matter of law and equity.

This Report is based on 3 fundamental principles: Truth, Justice and Reconciliation.

• The history and truth about the plight of former Jewish refugees from Arab countries must
be returned to the narrative of the Middle East from which it has been expunged;

•   Compelling evidence supports the call for justice to redress the victimization of Jews who
     lived in Arab countries and the mass violations of human rights that they were victims of;
     and

• In the absence of truth and justice, there can be no reconciliation, without which there can
be no just, lasting peace between and among all peoples of the region.

TABLE OF CONTENTS

I) EXECUTIVE SUMMARY.......................................................... . 1

II) THE HISTORICAL NARRATIVE AND

THE MASS VIOLATIONS OF HUMAN RIGHTS .. .5

Pattern of Mass Displacement of Jews from Arab Countries... 6

Country Reports

Egypt 10

Iraq 13

Libya .. 15

Other Country Profiles

Algeria 17

Tunisia .17

Syria . 18

Yemen (and Aden) 19

Morocco 20

Lebanon 20

Arab Decrees and the Nuremberg Laws on Citizenship and Race........ . 21

III) THE RESPONSE OF THE UNITED NATIONS

TO THE PLIGHT OF REFUGEES, ARISING

OUT OF THE ARAB-ISRAELI CONFLICT 23

Overview 23

Representations to the UN Calling for an International Response........ . .24

Relevant UN Resolutions and Action.................................................. 25

The Response of UN Agencies........................................................... 28

cont.

IV) JEWISH REFUGEES FROM ARAB COUNTRIES:

THE CASE FOR RIGHTS AND REDRESS 30

Jews from Arab Countries and

the Israeli-Palestinian Peace Process 30

The Injustice................................................................................... .32

Redress 32

Remedies........................................................................................ 33

The High Commissioner and Mandate Refugees......................... 33

The High Commissioner and Convention Refugees.................... .34

An International Fund .. 35

Foreign Courts .. 36

CONCLUDING COMMENTS......................................................... ...36

V) JUSTICE FOR JEWS FROM ARAB COUNTRIES:

THE SPONSORING ORGANIZATION 37

Purpose

Objectives

Structure and Leadership
Proposed Activities

I) EXECUTIVE SUMMARY

This Report is based on 3 fundamental principles: Truth, Justice and

Reconciliation.

A) The history and truth about the plight of former Jewish refugees
from Arab countries must be returned to the narrative of the Middle
East from which it has been expunged;

B)   Compelling evidence supports the call for justice to redress the
     victimization of Jews who lived in Arab countries and the mass
     violations of human rights that they were victims of; and

C) In the absence of truth and justice, there can be no reconciliation,
without which there can be no just, lasting peace between and
among all peoples of the region.

THE HISTORICAL NARRATIVE

Historically, Jews and Jewish communities have existed in the Middle East, North Africa and the Gulf region for more than 2,500 years.

Fully one thousand years before the advent of Islam, Jews in substantial numbers resided in what are to-day Arab countries. Following the Moslem conquest of the region, for centuries under Islamic rule, Jews were considered second class citizens but were nonetheless permitted limited religious, educational, professional, and business opportunities.

Upon the declaration of the State of Israel in 1948, the status of Jews in Arab
countries changed dramatically as virtually all Arab countries declared war, or backed
the war against Israel. This rejection by the Arab world of a Jewish state in their ancient
homeland was the event that triggered a dramatic surge in a longstanding, pattern of
abuse and state-legislated discrimination initiated by Arab regimes and their peoples to
make life for Jews in Arab countries simply untenable. Jews were either uprooted from
their countries of residence or became subjugated, political hostages of the Arab-Israeli
conflict.

Little is heard about these Jewish refugees because they did not remain refugees
for long. Of the hundreds of thousands of Jewish refugees between 1948 and
1972, some two thirds were resettled in Israel at great expense others

emigrated elsewhere all without any compensation provided by the Arab

governments who confiscated their possessions.

Securing rights and redress for Jews displaced from Arab countries is an issue that has not yet been adequately addressed by the international community. In fact, there were more former Jewish refugees uprooted from Arab countries (over 850,000) than there were Palestinians (UN estimate: 726,000) who became refugees as a result of the 1948 war when numerous Arab nations attacked the newly established State of Israel.

THE MASS VIOLATIONS OF HUMAN RIGHTS

Immediately before and after the Arab world sought to destroy the newly
created State of Israel between 1948-49, the rights and security of Jews resident
in Arab countries came under legal and physical assault by their own
governments and the general populations. By way of example, in Syria, as a
result of anti-Jewish pogroms that erupted in Aleppo in 1947, 7,000 of the town s
10,000 Jews fled in terror. In Iraq, Zionism became a capital crime. Bombs in
the Jewish Quarter of Cairo, Egypt killed more than 70 Jews. After the French left
Algeria, the authorities issued a variety of anti-Jewish decrees prompting nearly
all of the 160,000 Jews to flee the country. After the 1947 United Nations
General Assembly Resolution on the Partition Plan, Muslim rioters engaged in
bloody pogroms in Aden and Yemen, which killed 82 Jews. In numerous

countries, Jews were expelled or had their citizenship revoked (e.g. Libya). Varying numbers of Jews fled from 10 Arab countries, becoming refugees in a region overwhelmingly hostile to Jews.

In a word, state-sanctioned repressive measures, coupled often with violence
and repression, precipitated a mass displacement of Jews and caused the Jewish
refugee problem in the Middle East. The uprooting of ancient Jewish
communities from some 10 Muslim countries did not occur by happenstance.
There is evidence that points to a shared pattern of conduct amongst a number
of Arab regimes, that appear intended to coerce Jews to leave and go elsewhere,
or to retain them as virtual political hostages. These are evidenced from: (a)

statements made by delegates of Arab countries at the U.N. during the debate
on the partition resolution representing a pattern of ominously similar threats
made against Jews in Arab countries; (b) reports on multilateral meetings of the
Arab League from which emerged indications of a coordinated strategy of

repressive measures against Jews; (c) newspaper reports from that period; and

(d) strikingly similar legislation and discriminatory decrees, enacted by numerous Arab governments, that violated the fundamental rights and freedoms of Jews resident in Arab countries.

From the sheer volume of such state-sanctioned discriminatory measures,
replicated in so many Arab countries and instituted in such a parallel fashion, one
is drawn to the conclusion that such evidence suggests a common pattern of
repressive measures, if not collusion, against Jews by Arab governments.

The Report contains country reports that describe these unmistakable trends. The situations in Egypt, Iraq and Libya are described in greater detail. General snapshot profiles are provided on 7 other countries, including Algeria, Tunisia, Morocco, Yemen, Aden, Syria and Lebanon.

THE DISCRIMINATORY RESPONSE OF THE UNITED NATIONS
TO THE PLIGHT OF JEWISH REFUGEES

From 1948 onward, the response of the international community to assist Palestinian refugees arising out of the Arab-Israeli conflict was immediate and aggressive. During that same period, there was no concomitant United Nations response, nor any comparable international action, to alleviate the plight of Jewish refugees from Arab countries.

The sole comparison that can be made between Palestinian and Jewish refugees
is that both were determined to be bona fide refugees under international law,
albeit each according to different internationally accepted definitions and statutes

the former covered by UNRWA and the latter by the UNHCR.

As far as the response of the United Nations is concerned, the similarity ends there. The contrasts, however, are stark:

a) Since 1947, there have been over 681 UN General Assembly resolutions
dealing with virtually every aspect of the Middle East and the Arab Israeli
conflict.

b) Fully 101 of these UN resolutions refer directly and specifically to the

plight of Palestinian refugees.

c) In none of these 681 UN resolutions on the Middle East is there a specific
reference to, nor any expression of concern for, the 856,000 Jews living
in, or having been displaced from, Arab countries.

d) Numerous UN agencies and organizations were involved in a variety of
     efforts, or others were specifically created, to provide protection, relief,
     and assistance to Palestinian refugees. No such attention and assistance
     was forthcoming from these UN agencies for Jewish refugees from Arab
     countries.

e) Since 1948, billions of dollars have been spent by the international
     community - by the UN, its affiliated entities and member states - to
     provide relief and assistance to Palestinian refugees.   During that same
     period, no such international financial support was ever provided to
     ameliorate the plight of Jewish refugees.

THE LEGAL CASE FOR RIGHTS AND REDRESS

In the context of the Middle East, it would be an injustice to ignore the rights of Jews from Arab countries. As a matter of law and equity, it would not be appropriate to recognize the claim of Palestinian refugees to redress without recognizing a right to redress for former Jewish refugees from Arab countries. The legal case of displaced Jews to redress is as strong as, if not stronger than, the case of Palestinian refugees.

Recognition of the past is essential to the integrity of the Middle East peace process. Rejection of memory is a rejection of peace. This Report argues that justice in the Middle East requires acknowledgement of the historical narrative and rights of Jews uprooted from Arab countries.

The Report argues for redress as a matter of international law. Jews from Arab
countries are entitled to invoke the right to redress because of the injustices
inflicted upon them that caused their displacement. The Report author states:

"The Jews who were displaced from Arab countries are a victim
population, people who suffered human rights violations at the hands of
the governments and populations in the countries in which they lived."

The report contains an extensive canvassing of the remedies available to assert the right to redress. The remedies considered include the Office of the High Commissioner for Refugees, the United Nations Convention on the Status of Refugees, a compensation fund established under an Arab-Israeli comprehensive settlement, and litigation in the courts of the countries where Jews displaced from Arab countries are now found.

II) THE HISTORICAL NARRATIVE AND THE MASS
VIOLATIONS OF HUMAN RIGHTS

Since Biblical times, the land of Israel has been a major arena for conflict and wars. Its importance over thousands of years of history traverses many fields, underscored by the fact that the Middle East is:

• Geographically (and militarily) strategic, as a land-link crossroads from north to

south and east to west (Europe to India; Africa to Asia); and provides a sea lane from the Mediterranean to the Red Sea;

• The birthplace of the world s three great monotheistic religions (Christianity,

Islam and Judaism); and

• The cradle of civilization, with a rich heritage in numerous fields; from

architecture to music to mathematics to philosophy.

There has been an uninterrupted presence of large Jewish communities in the Middle East from time immemorial. The ancient Jewish communities of the Middle East and North Africa existed some 1,000 years before the Arab Muslim conquests of the these regions − including the Land of Israel − and about 2,500 years before the birth of the modern Arab states.

COUNTRY/REGION DATE OF JEWISH COMMUNITY

Iraq 6^th century BCE

Lebanon 1^st century BCE

Libya 3rd century BCE

Syria 1st century CE

Yemen 3rd century BCE

Morocco 1^st century CE

Algeria 1st 2nd century CE

Tunisia 200 CE

Over the centuries, through a process of Arabization and Islamicization, these
regions have become known as the Arab world. Yet, non-Arab and non-Muslim
minorities, the original indigenous inhabitants, remained as minorities in their own lands.

It is within the last 55 years that the world has witnessed the mass displacement
of over 850,000 Jews from the totalitarian regimes, the brutal dictatorships and
monarchies of Syria, Trans-Jordan, Egypt, Lebanon, Yemen, Iran, Iraq, Algeria, Tunisia
and Morocco.

The displacement of Jews from Arab countries did not happen in a vacuum. It
was the result the repressive responses of Arab regimes and their peoples to the rise
of a Jewish nationalist movement (Zionism) and the establishment of a Jewish

homeland in the Land of Israel. Beginning in 1947, two populations of refugees -

Palestinian Arabs as well as Jews from Arab countries - emerged as a result of the Arab states refusal to accept the UN Partition Plan.

Then, as now, the international community s response to the plight of these
refugees focused primarily on Palestinian Arabs. Virtually ignored in the
discussion of Middle Eastern refugees was the plight of hundreds of thousands of
Jewish refugees displaced from some 10 Arab countries in North Africa, the

Middle East and the Gulf states. In fact, there were more former Jewish refugees
uprooted from Arab countries (over 850,000) than there were Palestinians who
became refugees as a result of the 1948 war when numerous Arab countries

attacked the newly founded State of Israel (UN estimate: 726,000).

In virtually all cases, as Jews left their country, individual and communal properties were confiscated without compensation provided to rightful owners. There were a variety of lost properties and assets:

i) Personal (e.g. homes, businesses, land, pensions, benefits); and

ii) Assets belonging to the community or collective (e.g. schools,

synagogues, hospitals and cemeteries).

Figures as to total losses vary. The World Organization of Jews from Arab Countries (WOJAC) estimate is well over $100 billion.

A) PATTERN OF MASS DISPLACEMENT OF JEWS FROM ARAB COUNTRIES

Upon the declaration of the State of Israel in 1948, the status of Jews in Arab countries changed dramatically as virtually all Arab countries declared war, or backed the war against Israel. This rejection by the Arab world of a Jewish state in their ancient homeland was the event that triggered a dramatic surge in a longstanding, pattern of abuse and state-legislated discrimination initiated by Arab regimes and their peoples to make life for Jews in Arab countries simply untenable. Jews were either uprooted from their countries of residence or became subjugated, political hostages of the Arab-Israeli conflict.

In numerous countries, Jews were expelled or had their citizenship revoked. In other states, the reasons that many Jews felt compelled to leave or flee varied by country, individual, community and family. Some of the reasons included: discrimination/ anti-Jewish legislation; fear of violence/ rioting; Arab collusion with Fascist/Nazi persecution of Jews in North Africa; and the rising tension of the Arab-Israeli conflict.

The statistics of this mass displacement are revealing and alarming:

Jewish Population in Arab Countries 1948-2001¹

1948 1958 1968 1976 2001

Aden 8,000 800 0 0 0

Algeria 140,000 130,000 1,500 1,000 0

Egypt 75,000 40,000 1,000 400 100

Iraq 135,000 6,000 2,500 350 100

Lebanon 5,000 6,000 3,000 400 100

Libya 38,000 3,750 100 40 0

Morocco 265,000 200,000 50,000 18,000 5,700

Syria 30,000 5,000 4,000 4,500 100

Tunisia 105,000 80,000 10,000 7,000 1,500

Yemen 55,000 3,500 500 500 200

TOTAL 856,000 475,050 72,600 32,190 7,800

(AJY 69; (AJY 01;

(Roumani 83) (AJY 58) Yemen: AJY 70) (AJY 78) Leb.: AJY 88)

After 1948, since virtually all Arab countries were at war with Israel, many Arab countries began to treat their own Jewish citizens as enemy nationals . Many governments began to enact officially legislated discriminatory laws against Jews, denying them most basic human and civil rights, including: expropriating their property; removing them from civil service and other forms of employment; subjecting them to countless arrests, physical attacks, torture, and even public executions. All of these sinister acts appear to be part of a discernable pan-Arab pattern to force a mass Jewish displacement from Arab countries.

In a word, state-sanctioned repressive measures, coupled often with violence
and repression, precipitated a mass displacement of Jews and caused the Jewish
refugee problem in the Middle East. The uprooting of ancient Jewish communities from
these 10 Muslim countries did not occur by happenstance. There is evidence that points
to a shared pattern of conduct amongst a number of Arab regimes, that appear
intended to coerce Jews to leave and go elsewhere, or to retain them as virtual political
hostages. These are evidenced from: (a) statements made by delegates of Arab

countries at the U.N. during the debate on the partition resolution representing a
pattern of ominously similar threats made against Jews in Arab countries; (b) reports on
multilateral meetings of the Arab League from which emerged indications of a
coordinated strategy of repressive measures against Jews; (c) newspaper reports from
that period; and (d) strikingly similar legislation and discriminatory decrees, enacted by

¹ Chart compiled by the American Sephardi Federation from the following sources: Roumani, Maurice. The Jews from Arab Countries: A Neglected Issue. WOJAC, 1983. and American Jewish Yearbook: 1958, 1969, 1970, 1978, 1988, and 2001. Philadelphia: The Jewish Publication Society of America.

numerous Arab governments, that violated the fundamental rights and freedoms of Jews resident in Arab countries.

From the sheer volume of such state-sanctioned discriminatory measures, replicated in so many Arab countries and instituted in such a parallel fashion, one is drawn to the conclusion that such evidence suggests a common pattern of repressive measures, if not collusion, against Jews by Arab governments.

By way of example, the following official statements represent a pattern of ominously similar threats made against Jews in Arab countries:

•     During the Palestine Partition debate at the United Nations, the Palestinian
     delegate to the UN, Jamal al-Hussayni, (representing the Arab Higher Committee
     of Palestine to the UN General Assembly), made the following threat:

It must be remembered that there are as many Jews in the Arab world as there are in Palestine whose positions... will become very precarious. Governments in general have always been unable to prevent mob excitement and violence.²

•     In a key address before the Political Committee of the U.N. General Assembly on
     November 24, 1947, just five days before that body voted on the partition plan
     for Palestine, Heykal Pasha, an Egyptian delegate, made the following statement:

The United Nations ... should not lose sight of the fact that the

proposed solution might endanger a million Jews living in the Moslem countries (emphasis added). Partition of Palestine might create in those countries an anti-Semitism even more difficult to root out than the antiSemitism which the Allies were trying to eradicate in Germany ... If the United Nations decides to partition Palestine, it might be responsible for the massacre of a large number of Jews.

A million Jews live in peace in Egypt [and other Muslim countries] and enjoy all rights of citizenship. They have no desire to emigrate to Palestine. However, if a Jewish State were established, nobody could prevent disorders. Riots would break out in Palestine, would spread through all the Arab states (emphasis added) and might lead to a war between two races.³

Although Heykal Pasha spoke in his capacity as Egypt s representative to the

U.N., his references to Jews in other Muslim countries and all the Arab states, was reasonably understood by Jews in Arab countries not as a genuine expression of concern for Jewish well-being but rather as not-very veiled pan-Arab threat as to what the future might hold for the one million Jews in Arab countries.

² United Nations, Official Records of the Second Session of the General Assembly Ad Hoc Committee on the Palestinian Question, Summary Records of Meetings, September 25, 1947, Lake Success, New York.
³ U.N. General Assembly, Second Session, Official Records, Ad Hoc Committee on the Palestinian Question, Summary Records of Meetings, Lake Success, N.Y., Nov. 24, 1947, p. 185.

• Shortly thereafter, ominously similar projections appeared once again in a statement
by Iraqs Foreign Minister Fadil Jamali delivered at that same United Nations meeting:

The masses in the Arab world (emphasis added) cannot be restrained. The
Arab-Jewish relationship in the Arab world will greatly deteriorate... Harmony
prevails among Moslems, Christians and Jews [in Iraq]. But any injustice
imposed upon the Arabs of Palestine will disturb the harmony among Jews
and non-Jews in Iraq; it will breed inter-religious prejudice and hatred.⁴

The assault on human rights was initiated by his own government, which soon
took a series of steps, including discriminatory legislation, against its Jewish population.

Subsequently, there were a number of seminal multilateral meetings among Arab leaders and officials from which emerged additional indications of a coordinated strategy of repressive measures to be taken against Jews in Arab countries. Some representative examples include:

•     Just two days after the State of Israel was proclaimed, a New York Times
     headline on May 16, 1948 declared Jews in Grave Danger in All Moslem
      Lands, Nine hundred thousand in Africa and Asia face wrath of their foes. An
     article written by Mallory Browne, reported on a series of discriminatory
     measures taken by the Arab League against the Jewish residents of Arab League
     member states (including, at that time, Egypt, Iraq, Jordan, Lebanon, Saudi
     Arabia, Syria and Yemen). The Times article reported on a:

text of a law drafted by the Political Committee of the Arab League which
was intended to govern the legal status of Jewish residents of Arab League
countries. It provides that beginning on an unspecified date all Jews except
citizens of non-Arab states, would be considered members of the Jewish
minority state of Palestine. Their bank accounts would be frozen and used to
finance resistance to Zionist ambitions in Palestine. Jews believed to be

active Zionists would be interned and their assets confiscated. 5

• Another indication that Arab countries were deliberating upon the coerced

displacement of Jews from their territories comes from reports of a Beirut
meeting of senior diplomats from all the Arab States in late March 1949. By this
time, the Arab states had already lost the first Arab-Israeli war. As reported in a
Syrian newspaper, participants at this meeting concluded that: If Israel should
oppose the return of the Arab refugees to their homes, the Arab governments
will expel the Jews living in their countries.⁶ In fact, expulsions did take place in
some countries.

The third trend that lends credence to the proposition that many Arab countries
engaged in a coordinated pattern of shared practices to coerce Jews to leave was the
plethora of legislation, decrees and other measures that were enacted by Arab regimes,

⁴ U.N. General Assembly, Second Session, Official Records, Verbatim Record of the Plenary Meeting, Nov. 28, 1947,

p. 1391.

⁵ Actual text unavailable. Arab League records not rendered public. ⁶ Al-Kifah, Mar. 28, 1949.

violating the rights of its Jewish citizens. From the sheer volume of such statesanctioned discriminatory actions, replicated in so many Arab countries and instituted in such a parallel fashion, one is drawn to the conclusion that such actions were premeditated among the governments involved. Moreover, these state-sanctioned measures, coupled often with violence and repression, made remaining in the land of their birth an untenable option for Jews.

C) Country Reports

The following country reports describe these unmistakable trends. The situations
in Egypt, Iraq and Libya are described in some detail; a more cursory review is provided
on seven other countries, including Algeria, Tunisia, Morocco, Yemen, Aden, Syria and
Lebanon.

EGYPT

History⁷

Jews have lived in Egypt since Biblical times. Israelite tribes first moved to the Land of Goshen (the northeastern edge of the Nile Delta) during the reign of the Egyptian pharaoh Amenhotep IV (1375-1358 B.C).

Over the years, Jews have sought shelter and dwelled in Egypt. By 1897, there were more than 25,000 Jews in Egypt, concentrated in Cairo and Alexandria. In 1937, the population reached 63,500.

In the 1940 s, with the rise of Egyptian nationalism and the Zionist movement s
efforts to create a Jewish homeland in adjoining Israel, anti-Jewish activities began in
earnest. 1n 1945, riots erupted ten Jews were killed; 350 injured, and a synagogue, a
Jewish hospital, and an old age home were burned down. After the success of the
Zionist movement in establishing the State of Israel, between June and November of
1948, violence and repressive measures by the Government and Egyptians began in
earnest. Bombs were set off in the Jewish Quarter, killing more than 70 Jews and
wounded nearly 200. Rioting over the next few months resulted in many more Jewish
deaths. 2,000 Jews were arrested and many had their property confiscated.

In 1956, the Egyptian government used the Sinai Campaign as a pretext to order
almost 25,000 Egyptian Jews to leave the country and confiscated their property. They
were allowed to take only one suitcase and a small sum of cash, and forced to sign
declarations donating their property to the Egyptian government. Approximately 1,000
more Jews were sent to prisons and detention camps. On November 23, 1956, a
proclamation signed by the Minister of Religious Affairs, and read aloud in mosques
throughout Egypt, declared that all Jews are Zionists and enemies of the state, and
promised that they would be soon expelled (AP, November 26 and 29th 1956; New York
World Telegram).

⁷ Historical Society of Jews from Egypt

By 1957, the Jewish population of Egypt had fallen to 15,000. In 1967, after the Six-Day War, there was a renewed wave of persecution, and the community dropped to 2,500. By the 1970s, after the remaining Jews were given permission to leave the country, the community dwindled to a few families.

Jewish rights were finally restored in 1979 after President Anwar Sadat signed
the Camp David Accords with Israel. Only then was the community allowed to establish
ties with Israel and with world Jewry. Nearly all the estimated 200 Jews left in Egypt
(from the original 75,000) are elderly and the once proud and flourishing Jewish

community is on the verge of extinction.

Discriminatory Decrees and Violations of Human Rights

(Intended merely as a sampling and not an exhaustive compilation)

The first Nationality Code was promulgated by Egypt on May 26, 1926. Entitled to Egyptian nationality were only those who belonged racially to the majority of the population of a country whose language is Arabic or whose religion is Islam.⁸ This provision served as the official pretext for expelling many Jews from Egypt.

On July 29, 1947, an amendment was introduced to the Egyptian Companies Law that made it mandatory for at least 75% of the administrative employees of a company to be Egyptian nationals and 90% of employees in general. This resulted in the dismissal and loss of livelihood for many Jews since only 15% of them had been granted Egyptian citizenship.⁹

A mass departure of Jews was sparked when Egypt passed an amendment in 1956 to the original Egyptian Nationality Law of 1926. Article 1 of the Law of November 22, 1956, stipulated that Zionists were barred from being Egyptian nationals.¹⁰ Article 18 of the 1956 law asserted that Egyptian nationality may be declared forfeited by order of the Ministry of Interior in the case of persons classified as Zionists. Moreover, the label of Zionist was never defined, leaving Egyptian authorities free to interpret this term as broadly as they pleased.

Provision both in the 1956 and 1958 laws permitted the government to take away citizenship of any Egyptian Jew absent from United Arab Republic territory for more than six consecutive months. That this provision is aimed exclusively at Jews is shown by the fact that the lists of denaturalized persons published time and again by the Official Journal contains Jewish names only, despite the fact that there were many non-Jewish Egyptians who stayed abroad for over six months.¹¹

⁸ Article 10(4) of the Code. See: Maurice de Wee, La Nationalite Egptienne, Commentairo de la loi du mai 1926, p. 35.

⁹ H.J. Cohen, The Jews of the Middle East, 1860 1972.

¹⁰ Law No. 391 of 1956, section 1(a). See Revue egyptienne de Droit International, Vol. 12 (1956), p. 80. ¹¹ Confidential Memorandum provided to the UNHCR, Feb. 26, 1960.

Economic Discrimination and Strangulation

(Intended as a sampling and not an exhaustive compilation)

Law No. 26 of 1952 obligated all corporations to employ certain prescribed percentages of Egyptians. A great number of Jewish salaried employees lost their jobs, and could not obtain similar ones, because they did not belong to the category of Jews with Egyptian nationality.

Between November 1-20 1956, official records reveal that by a series of

sequestration orders issued under Military Proclamation No. 4, the property of many hundreds of Jews in Egypt was taken from their owners and turned over to Egyptian administrators.¹² Proclamation No. 4 was carried into effect almost exclusively against Jews; and though a number of Copts and Moslems were also interned, their assets were never sequestered.¹³

Of the published lists of 486 persons and firms whose properties were seized under Military Proclamation No. 4, at least 95 per cent of them are Jews. The names of persons and firms affected by this measure represented the bulk of the economic substance of Egyptian Jewry, the largest and most important enterprises and the main sustenance, through voluntary contributions, of Jewish religious, educational, social and welfare institutions in Egypt.¹⁴

In addition to the vast sequestration of property and other discriminatory
treatment, Directive No. 189 issued under the authority of Military Proclamation No. 4,
authorized the Director General of the Sequestering Agency to deduct from the assets
belonging to interned persons, 10% of the value of the sequestered property,

presumably to cover the costs of administration. Hence, without regard to the question of whether a property is legally sequestered, the Jews of Egypt were being taxed to pay for the machinery or improper sequestration and withholding.¹⁵

The Jews leaving Egypt were subjected to additional deprivations and
inconveniences. A regulation was established which limited Jews leaving Egypt to take
with them only travelers checks or other international exchange documents up to a
value of 100 pounds sterling per capita. The Bank of Egypt provided Jews leaving the
country with instruments specifically drawn on Egyptian accounts in Britain and France,
when Egyptian authorities knew full well that those accounts were blocked in
reciprocation for the Egyptian blocking of British and French assets in Egypt and were
not freely negotiable abroad.¹⁶

¹² Confidential Memorandum provided to the High Commissioner, Mr. Auguste Lindt, on Feb. 21, 1957 ¹³ Confidential Memorandum provided to the UNHCR, Feb, 26, 1960.

¹⁴ Egyptian Official Gazette, No. 88, November 1, 1957.

¹⁵ Confidential Memorandum provided to the High Commissioner, Mr. Auguste Lindt, on Feb. 21, 1957.
¹⁶ Ibid.

IRAQ

History¹⁷

Iraq is the modern designation for the country carved out of ancient Babylonia, Assyria, and the southern part of Turkey after World War I.

It is also the place of the oldest Jewish Diaspora and the one with the longest continuous history, from 721 BCE to 1949 CE, a time span of 2,670 years.

By the 3rd century, Babylonia became the center of Jewish scholarship, as is
attested to by the community s most influential contribution to Jewish scholarship, the
Babylonian Talmud. Jews had prospered in what was then Babylonia for 1200 years
before the Muslim conquest in 634 AD. Under Muslim rule, the situation of the Jewish
community fluctuated. Some Jews held high positions in government or prospered in
commerce and trade. At the same time, Jews were subjected to special taxes, and
restrictions on their professional activity. Under British rule, which began in 1917, Jews
fared well economically, but all of this progress ended when Iraq gained independence
in 1932.

In June 1941, the Mufti-inspired, pro-Nazi coup of Rashid Ali sparked rioting and a
pogrom in Baghdad. Armed Iraqi mobs murdered 180 Jews and wounded almost 1,000.

Additional outbreaks of anti-Jewish rioting occurred between 1946-1949. After the establishment of Israel in 1948, Zionism became a capital crime.

In 1950, Iraqi Jews were permitted to leave the country within a year provided
they forfeited their citizenship. A year later, however, the property of Jews who
emigrated was frozen and economic restrictions were placed on Jews who chose to
remain in the country. From 1949 to 1951, 104,000 Jews were evacuated from Iraq to
Israel in Operations Ezra and Nehemiah; another 20,000 were smuggled out through
Iran. Thus a community that had reached a peak of some 150,000 in 1947 dwindled to
a mere 6,000 after 1951.

In 1952, Iraq s government barred Jews from emigrating. With the rise of
competing Ba ath factions in 1963, additional restrictions were placed on the remaining
Iraqi Jews. The sale of property was forbidden and all Jews were forced to carry yellow
identity cards. Persecutions continued, especially after the Six-Day War in 1967, when
many of the remaining 3,000 Jews were arrested and dismissed from their jobs. Around
that period, more repressive measures were imposed: Jewish property was
expropriated; Jewish bank accounts were frozen; Jews were dismissed from public
posts; businesses were shut; trading permits were cancelled; telephones were
disconnected. Many Jews were placed under house arrest for long periods of time or
restricted to the cities.

¹⁷ Patai, Raphael. The Vanished Worlds of Jewry. Macmillan Publishing Co. Inc.: New York, 1980. p. 142 and material from the website of the Historical Society of Jews from Egypt; The Jewish Refugee from Arab Countries: An Examination of Legal Rights: A case Study in Ethnic Cleansing by Carole Basri, Fordam Law Revue, 2003.

Persecution was at its worst at the end of 1968. Scores were jailed upon the allegation of an alleged local spy ring composed of Jewish businessmen. Fourteen men-eleven of them Jews-were sentenced to death in staged trials. On January 27, 1969, all were hanged in the public squares of Baghdad. (Judith Miller and Laurie Mylroie, Saddam Hussein and the Crisis in the Gulf , p. 34).

In response to international pressure, the Baghdad government quietly allowed
most of the remaining Jews to emigrate in the early 1970 s, even while leaving other
restrictions in force. In 1973, most of Iraq s remaining Jews were too old to leave and
they were pressured by the government to turn over title, without compensation, to
more than $200 million worth of Jewish community property (New York Times, February
18, 1973).

The NY Times (July 28, 2003) reported that there are only 28 Jews left in Baghdad. A once flourishing Iraqi Jewish community of 135,000 has thus been virtually extinguished (Associated Press, March 28, 1998).

Discriminatory Decrees and Violations of Human Rights

(Intended merely as a sampling and not an exhaustive compilation)

•   The first piece of legislation enacted that violated the rights of Jews was the 1948
     amendment¹⁸ to the 1938 supplement¹⁹ to the Penal Code of Baghdad. The
     Baghdad Penal Code set out the provision regarding communism, anarchy and
     immorality in section 89A(1). The section generally prohibits the publication of

anything that incites the spread of hatred, abuse of the government or the integrity of the people. This amendment, enacted in 1948, added Zionism to communism, anarchism and immorality, the propagation of which constituted an offense punishable by seven years imprisonment and/or a fine.

•   In an article that appeared in the New York Times on May 16, 1948, it was reported
     that: In Iraq no Jew is permitted to leave the country unless he deposits £5,000
     ($20,000) with the Government to guarantee his return. No foreign Jew is allowed
     to enter Iraq, even in transit.

•   Law No. 1 of 1950, entitled Supplement to Ordinance Canceling Iraqi Nationality,
     in fact deprived Jews of their Iraqi nationality. Section 1 stipulated that the Council
     of Ministers may cancel the Iraqi nationality of the Iraqi Jew who willingly desires to
     leave Iraq... (Official Iraqi English translation).²⁰

¹⁸ Law No.11 of 1948 that amended Law No. 51 of 1938, itself an addition to the Baghdad Penal Code: Official Gazette. 14 November 1948 (p. 591 of the English edition).

¹⁹ Law No. 51 of 1938. Official Gazette. 24 July 1938 (p.475 of the English edition). This addition does not mention the number of the section of the Penal Code that is involved.

²⁰ Law No. 1 of 1950 entitled supplement to Ordinance canceling Iraqi Nationality , Official Iraqi Gazette, March 9, 1950.

•   Law No. 5 of 1951 entitled    A law for the Supervision and Administration of the
     Property of Jews who have Forfeited Iraqi Nationality also deprived them of their
     property. Section 2(a) freezes Jewish property. ²¹

•   There were a series of laws that subsequently expanded on the confiscation of
     assets and property of Jews who forfeited Iraqi nationality . These included Law
     No. 12 of 1951²²; Law No. 64 of 1967 relating to ownership of shares in commercial
     companies; and Law No. 10 of 1968 relating to banking restrictions.

LIBYA

History

The Jewish community of Libya traces its origin back some 2,500 years to the 3rd century B.C.

Around the time of the Italian occupation of Libya in 1911, there were about 21,000 Jews in the country, the majority in Tripoli.

In the late 1930s, anti-Jewish laws were gradually enforced, and Jews were
subject to terrible repression. Still, by 1941, the Jews accounted for a quarter of the
population of Tripoli and maintained 44 synagogues. In 1942, the Germans occupied the
Jewish quarter of and times were extremely difficult for Jews in Libya although
conditions did not greatly improve following the liberation. During the British occupation,
rising Arab nationalism and anti-Jewish fervor were the reasons behind a series of
pogroms, the worst of which, in November of 1945, resulted in the massacre of more
than 140 Jews in Tripoli and elsewhere and the destruction of five synagogues (Howard
Sachar, A History of Israel).

The establishment of the State of Israel led many Jews to leave the country. In
June 1948, protesting the founding of the Jewish state, rioters murdered 12 Jews and
destroyed 280 Jewish homes. Although emigration was illegal, more than 3,000 Jews
managed to escape and fled to Israel. When the British legalized emigration in 1949,
and in the years immediately preceding Libyan independence in 1951, hostile

demonstrations and riots against Jews brought about the departure of some 30,000 Jews who fled the country up to, and after the point when Libya was granted independence and membership in the Arab League in 1951 (Norman Stillman, The Jews of Arab Lands in Modern Times).

²¹ Law No. 5 of 1951 entitled A law for the Supervision and Administration of the Property of Jews who have Forfeited Iraqi Nationality (Official Gazette, 10 March 1951, English version, p.17).

²² Law No. 12 of 1951, supplementary to Law No. 5 as above (Official Gazette, English version, 27 January 1952, p.32).

Discriminatory Decrees and Violations of Human Rights

(Intended merely as a sampling and not an exhaustive compilation)

• Article 1 of Law No.62 of March 1957, provided, inter-alia, that persons or corporations were prohibited from entering directly or indirectly into contracts of any nature whatsoever with organizations or persons domiciled in Israel, with Israel citizens or their representatives. Provision of this article also enabled the Council of Ministers to register residents in Libya who were relatives of persons resident in Israel.²³

•     Law of December 31, 1958, was a decree that was issued by the
     President of the Executive Council of Tripolitania. It ordered the
     dissolution of the Jewish Community Council and the appointment of a
     Moslem commissioner nominated by the Government. ²⁴

•     On May 24, 1961, a law was promulgated which provided that only
     Libyan citizens could own and transfer real property. Conclusive proof of
     the possession of Libyan citizenship was required to be evidenced by a
     special permit that is reliably reported to have been issued to only six
     Jews in all. ²⁵

•     Royal Decree of August 8, 1962 provided, inter-alia, that a Libyan national
     forfeited his nationality if he had had any contact with Zionism . Forfeiture
     of Libyan nationality under this provision extending to any person who had
     visited Israel after the proclamation of Libyan independence, and any
     person deemed to have acted morally or materially in favor of Israeli
     interests. The retroactive effect of this provision enabled the authorities to
     deprive many Jews of Libyan nationality at will. ²⁶

•     With the first law No. 14 of February 7, 1970, the Libyan Government
     established that all property belonging to Israelis who had left Libyan
     territory in order to establish themselves definitely abroad would pass
     to the General Custodian. In spite of the precise wording of the law
     ( Israelis who had left Libyan territory in order to establish themselves
     abroad definitely ), the Libyan Government started to take possession of
     property belonging to Jews without bothering about the fact that these
     Jews could not be considered as Israelis and had not established

themselves definitely abroad. 27

•     The Government decreed the law of July 21,1970, wherein it states   that
     it wanted to control the restitution of certain assets to the State. The
     Law relative to the resolution of certain assets to the State asserted
     that the General Custodian would administer liquid funds of the property

²³ Confidential memorandum to Prince Sadruddin Aga Khan, UN High Commissioner for Refugees, dated May 8,
1970.

²⁴ Ibid.
²⁵ Ibid.
²⁶ Ibid.

²⁷ Note to File, UNHCR Archives, and dated August 24, 1970.

of Jews as well as the companies and the company shares belonging to
Jews.²⁸

D) OTHER COUNTRY PROFILES

ALGERIA

Jewish settlement in present-day Algeria can be traced back to the first centuries of the Common Era. In the 14th century, with the deterioration of conditions in Spain, many Spanish Jews moved to Algeria. After the French occupation of the country in 1830, Jews gradually were granted French citizenship.²⁹

In 1934, Muslims incited by events in Nazi Germany, rampaged in Constantine killing 25 Jews and injuring many more. Before 1962, there were 60 Jewish

communities, each maintaining their own rabbis, synagogues and educational
institutions. After being granted independence in 1962, the Algerian government

harassed the Jewish community and deprived Jews of their economic rights. As a result, almost 130,000 Algerian Jews immigrated to France and, since 1948, 25,681 Algerian Jews have immigrated to Israel.

Algeria s independence from France was the key event in the final uprooting of the Jewish community. As a result of the desire of Algeria and Algerians to join in the wave of Pan-Arab nationalism that was sweeping North Africa, Jews no longer felt welcome after the French departure. The Algerian Nationality Code of 1963 made this clear by granting Algerian nationality, as a right, only to those inhabitants whose fathers and paternal grandfathers had Muslim personal status in Algeria.³⁰ In other words, although the National Liberation Front in Algeria was known for its slogan A Democratic Secular State, it adhered to strictly religious criteria in granting nationality, thereby entrenching anti-Israel and anti-Jewish bias in the country.

TUNISIA³¹

The first documented evidence of Jews living in what is today Tunisia dates back to 200 CE.

After the Arab conquest of Tunisia in the 7th century, Jews lived under
satisfactory conditions, despite discriminatory measures such as a poll tax.

²⁸ Ibid.

²⁹ International Forum for Peace and Culture website.

³⁰ See section 34 of the Algerian Nationality Code, Law no. 63-69 of Mar. 27, 1963 p. 306; also cited in Annualize de l Afrique du Nord 1973, pp. 806-14.

³¹ Maurice Roumani, The Case of the Jews from Arab Countries: A Neglected Issue, (Tel Aviv: World Organization of Jews from Arab Countries, 1977),; Norman Stillman, The Jews of Arab Lands in Modern Times, (NY: Jewish Publication Society, 1991).

In 1948, the Tunisian Jewish community had numbered 105,000, with 65,000 living in Tunis alone.

After Tunisia gained independence in 1956, a series of anti-Jewish government decrees were promulgated. In 1958, Tunisia s Jewish Community Council was abolished by the government and ancient synagogues, cemeteries and Jewish quarters were destroyed for urban renewal.

Similar to the conditions for Jews in Algeria, the rise of Tunisian nationalism led
to anti-Jewish legislation and in 1961 caused Jews to leave in great numbers. The

increasingly unstable situation caused more than 40,000 Tunisian Jews to immigrate to Israel. By 1967, the country s Jewish population had shrunk to 20,000.

During the six-day war, Jews were attacked by rioting Arab mobs, and synagogues and shops were burned. The government denounced the violence and appealed to the Jewish population to stay, but did not bar them from leaving. Subsequently, 7,000 Jews immigrated to France.

Even as late as 1982, there were attacks on Jews in the towns of Zarzis and Ben Guardane. Today an estimated 2,000 Jews remain in Tunisia.

SYRIA

Jews have lived in this land since biblical times and the community s history is
intertwined with the history of Jews in the land of Israel. Jewish population increased
significantly after the expulsion of the Jews from Spain in 1492. Throughout the

generations, the main Jewish communities were to be found in Damascus and Aleppo. ³²

In 1943, the Jewish community of Syria had 30,000 members. This population was mainly distributed between Aleppo, where 17,000 Jews lived and Damascus, which had a Jewish population of 11,000.

In 1945, in an attempt to thwart efforts to establish a Jewish homeland, the government restricted emigration to Israel, and Jewish property was burned and looted. Anti-Jewish pogroms erupted in Aleppo in 1947, precipitating the departure of 7,000 of the town s 10,000 Jews who fled in terror. The government then froze Jewish bank accounts and confiscated their property.

Shortly after the founding of Israel, as reported in the New York Times on May 16, 1948: In Syria a policy of economic discrimination is in effect against Jews. Virtually all Jewish civil servants in the employ of the Syrian Government have been discharged. Freedom of movement has been practically abolished. Special frontier posts have been established to control movements of Jews.

In 1949, banks were instructed to freeze the accounts of Jews and all their assets
were expropriated. Over the course of subsequent years, the continuing pattern of

³² . Shulewitz, Malka Hillel. The Forgotten Millions: The Jewish Exodus from Arab Lands. Cassell: New York, 1999,

p. 52, 53.

political and economic strangulation ultimately caused a total of 15,000 Jews to leave Syria, 10,000 of who emigrated to the U.S.A. and another 5,000 to Israel. ³³

YEMEN (and ADEN)³⁴

The Jews of Yemen have various legends relating to their coming to that country, the most widespread of which states that they arrived there before the destruction of the First Temple (587 BCE). The first historical evidence of their existence in Yemen dates from the third century.

Jews had begun to leave Yemen in the 1880s, when some 2,500 had made their
way to Jerusalem and Jaffa. But it was after World War I, when Yemen became
independent, that anti-Jewish feeling in that country made emigration imperative. Anti-
Semitic laws, which had lain dormant for years were revived (e.g. Jews were not

permitted to walk on pavements or to ride horses). In court, a Jew s evidence was not accepted against that of a Moslem.

In 1922, the government of Yemen reintroduced an ancient Islamic law requiring
that Jewish orphans under age 12 to be forcibly converted to Islam. When a Jew
decided to emigrate, he had to leave all his property behind. In spite of this, between
1923 and 1945 a total of 17,000 Yemenite Jews left and immigrated to Palestine. ³⁵

After the Second World War, thousands of more Yemenite Jews wanted to come to Palestine, but the British Mandate s White Paper was still in force and those who left Yemen ended up in crowded slums in Aden, where serious riots broke out in 1947 after the United Nations decided on partition. Many Jews were killed, and the Jewish quarter was burned to the ground. It was not until September 1948 that the British authorities in Aden allowed the refugees to proceed to Israel.

In 1947, after the partition vote, Muslim rioters engaged in a bloody pogrom in
Aden that killed 82 Jews and destroyed hundreds of Jewish homes. The Jewish

community of Aden, numbering 8,000 in 1948, was forced to flee. By 1959 over 3,000
arrived in Israel. Many fled to the U.S.A. and England. Today there are no Jews left in
Aden.

Around the time of Israel s founding, Yemen s Jewish community was economically paralyzed, as most of the Jewish stores and businesses were destroyed. This increasingly perilous situation led to the emigration of virtually the entire Yemenite Jewish community - almost 50,000 - between June 1949 and September 1950 in Operation Magic Carpet. A smaller migration was allowed to continue through 1962, when a civil war put an abrupt halt to any further Jewish exodus.

Yemen represents another example of the displacement of virtually an entire
Jewish community of some 63,000 people from its ancient roots in what later became an

³³ Prof. Ada Aharoni, International Forum for Peace and Culture website.

³⁴ . Karen Hayesod Head Office Jerusalem. The Exodus from Yemen. Goldberg Press Ltd.: Jerusalem, 1950.and Patai, Raphael. The Vanished Worlds of Jewry. Macmillan Publishing Co. Inc.: New York, 1980.

³⁵ Prof. Ada Aharoni, International Forum for Peace and Culture website.

Arab country. It is estimated, there are about 1,000 Jews in Yemen today. They are living in dire conditions and are not allowed to leave.

MOROCCO³⁶

Jews first appeared in Morocco more than two millennia ago, traveling there in association with Phoenician traders. The first substantial Jewish settlements developed in 586 BC when Nebuchadnezzar destroyed Jerusalem and Jews fled to Egypt.

By 1948, this ancient Jewish community, the largest in North Africa, numbered 265,000. In June 1948, after the establishment of the State of Israel, bloody riots in Oujda and Djerada killed 44 Jews and wounded scores more. That same year, an unofficial economic boycott was instigated against Moroccan Jews.

Immigration to Israel started upon the initiative of small groups who arrived at the time of Israel s independence. However, the waves of mass immigration, which brought a total of more than 250,000 Moroccan Jews to Israel, were prompted by antiJewish measures carried out in response to the establishment of the State of Israel. By way of example, on June 4, 1949, riots broke out in northern Morocco killing and injuring dozens of Jews. Shortly afterwards, many Jews began to leave.

During the two-year period between 1955 and 1957 alone, over 70,000 Moroccan
Jews arrived in Israel. When Morocco declared its independence in 1956, Jewish

immigration to Israel was suspended and by 1959, Zionist activities were declared illegal in
Morocco. During these years, more than 30,000 Jews left for France and the Americas. In
1963, when the ban on emigration to Israel was lifted, another 100,000 fled to Israel.

Today, the Jewish community of Morocco has dwindled to less than 10% of its original size. Of the 17,000 Jews that remain (from a community of 265,000 in 1948), two-thirds live in Casablanca.

LEBANON³⁷

Jews have lived in Lebanon since ancient times. King Herod the Great, in the 1^stcentury CE supported the Jewish community in Beirut.

During the first half of the 20^th century, the Jewish community expanded

tremendously due to immigration from Greece, and Turkey, and later from Syria and Iraq.

There were instances of rioting and incitement around the time of the establishment of the State of Israel. As reported in the New York Times on May 16, 1948:

³⁶ Sand, Jay. The Jews of Africa: Morocco. www.mindspring.com/~jaypsand/morocco.htm; and Patai, Raphael. The Vanished Worlds of Jewry. Macmillan Publishing Co. Inc.: New York, 1980; and Prof. Ada Aharoni, International Forum for Peace and Culture website.

³⁷ Ibid.

In Lebanon Jews have been forced to contribute financially to the fight against
the United Nations partition resolution on Palestine. Acts of violence against Jews
are openly admitted by the press, which accuses Jews of poisoning wells, etc.

In the mid-50 s, approximately 7,000 Jews lived in Beirut. Compared to Islamic countries, the Christian-Arab rule, which characterized the political structure of this country, conducted a policy of relative tolerance towards its Jewish population. Nevertheless, being in such close physical proximity to the enemy state Israel, Lebanese Jews felt insecure and decided to emigrate in 1967, leaving for France, Israel, Italy, England and South America.

In 1974, 1,800 Jews remained in Lebanon, the majority concentrated in Beirut.
Fighting in the 1975-76 Muslim-Christian civil war swirled around the Jewish Quarter in
Beirut, damaging many Jewish homes, businesses and synagogues. Most of the
remaining 1,800 Lebanese Jews emigrated in 1976, fearing the growing Syrian presence
in Lebanon would curtail their freedom of emigration. To day an estimated 150 Jews
remain in Lebanon.

Arab Decrees and the Nuremberg Laws on Citizenship and Race

The mass displacement of the Jews from the Arab countries, as described above, has been a flagrant breach of international law. The 1945 Nuremberg Charter made wartime mass deportation a crime against humanity, and the 1949 Geneva Convention Relative to the Treatment of Civilians in Time of War also prohibits deportations and forcible transfers, whether mass or individual.³⁸

Decrees and practices discriminating against Jews in Arab countries particularly
denationalisation are eerily similar to the Nazi Nuremberg Laws on Citizenship and

Race. And the victims, the Jews, are the same.

The Reich Citizenship Law of September 15, 1935 provided that A citizen of the Reich may be only one who is of German or kindred blood.³⁹

Only citizens of the Reich could enjoy full political rights.⁴⁰ The First Supplementary
Decree to this citizenship law, of November 14, 1935, provided that only citizens of the Reich
could exercise the right to vote and the right to hold public office.⁴¹ The law stated explicitly

A Jew cannot be a citizen of the Reich. He cannot exercise the right to vote; he cannot hold public office.⁴² Jewish officials were retired as of December 31, 1935.⁴³

The Nuremberg laws defined a person as Jewish both by ancestry and by affiliation.
One of the ways in which a person was considered Jewish was if the person was descended

³⁸ Charter of the International Military Tribunal. 82 units 279 signed 8 August 1945.

³⁹Article 2(1).

⁴⁰Article 2(3).

⁴¹Article 3.

⁴²Article 4(1).

⁴³Article 4(2).

from two full Jewish grandparents and if the person was a member of the Jewish religious community when the law was issued or joined the community later.⁴⁴

The Nuremberg laws violated basic human rights; the right to a nationality; the right to vote; the right to equality. They were damaging in themselves and a signal of the disasters to come. They depersonalised Jews, by saying that they were not legal persons in the eyes of the state.

These laws were unconscionable at the time. After the Holocaust, similar laws with the same target victims are unspeakable.

Today, instead of or in addition to affiliation with the Jewish religious community,
denationalisation in Arab countries comes from affiliation with Zionism. Zionist is often just a
code word for Jewish. Insofar as it has any separate meaning, the meaning is that Jews must
denounce and reject some human rights in order to keep others. Jews must denounce and
reject the right to self-determination of the Jewish people in order to keep their right to
nationality.

Before World War II, Jews in Europe were denationalised because of their ties with the Jewish religion; after World War II Jews in the Middle East have been denationalised because of their ties with the Jewish people. The violation of human rights is as basic, as repugnant, as wrong.

⁴⁴Article 5(2)(a).

III) THE RESPONSE OF THE UNITED NATIONS TO THE

PLIGHT OF REFUGEES, ARISING OUT OF THE ARABISRAELI CONFLICT

A) OVERVIEW

From 1947 onward, the response of the international community to assist Palestinian refugees arising out of the Arab-Israeli conflict was immediate and aggressive. During that same period, there was no concomitant United Nations response, nor any comparable international action, to alleviate the plight of hundreds of thousands of Jewish refugees from Arab countries.

The sole comparison that can be made between Palestinian and Jewish
refugees is that both were determined to be bona fide refugees under
international law, albeit each according to different internationally accepted
definitions and statutes Palestinian refugees covered by the United Nations

Relief and Works Agency for Palestinian Refugees (UNRWA) and Jewish refugees
under the statute of the United Nations High Commissioner for Refugees
(UNHCR).

As far as the response of the United Nations to the two populations of
refugees is concerned, the similarity ends there. The contrasts, however, are
stark:

a) Since 1947, there have been over 681 UN General Assembly resolutions
dealing with virtually every aspect of the Middle East and the Arab Israeli
conflict;

b) Fully 101 of these UN resolutions refer directly and specifically to the

plight of Palestinian refugees.

c)   In none of these 681 UN resolutions on the Middle East is there a specific
     reference to, nor any expression of concern for, the 856,000 Jews living in
     Arab countries.

e) Since 1947, billions of dollars have been spent by the international
     community - by the UN, its affiliated entities and member states - to
     provide relief and assistance to Palestinian refugees.   During that same
     period, no such international financial support was ever provided to
     ameliorate the plight of Jewish refugees.

B) REPRESENTATIONS TO THE U.N. GENERAL ASSEMBLY CALLING FOR AN INTERNATIONAL RESPONSE TO THE PLIGHT OF JEWISH REFUGEES

It is widely believed that over the last 55 years, the United Nations General

Assembly and Security Council have spent more time on the Arab-Israeli conflict than on any other issue.

When the issue of refugees is raised within the context of the Middle East, people invariably refer to Palestinian refugees; rarely, if ever, is there a reference to legitimate rights of Jews displaced from Arab countries.

The fact that there is not one recorded UN resolution on Jewish refugees is not due to a lack of trying.

On numerous occasions, the Israeli government, the World Organization of Jews from Arab Countries (WOJAC) and other Governmental and non-governmental officials alerted the United Nations, its leadership and affiliated agencies to the problem of Jewish refugees and sought its intervention to ameliorate the plight of Jews fleeing from Arab countries. By way of example:

On November 27^th and 30^th, 1956, then-Israeli Minister of Foreign Affairs Golda Meir wrote two letters to the UN Secretary General regarding the action taken by the Egyptian Government against the Jewish Community in Egypt.

On December 21, 1956, Henry Cabot Lodge, Jr., the U.S. Representative to the U.N.,
stated that he shares concern about reports of the plight of Jews in Egypt. The US
made a statement expressing its concern from the rostrum of the UN General Assembly
in order to put the US on record as abhorring such practices as have been alleged.

On January 11^th, 1957, Philip Klutznick, on behalf of the Coordinating Board of Jewish Organizations, wrote to Secretary General Dag Hammarskjˆld, urging him to use his good offices to induce the Government of Egypt to desist from the prosecution of a policy to bring total ruin to the old-established Jewish community of Egypt.

On December 2, 1968, The International League for the Rights of Man, a non-Jewish
organization, wrote to Secretary General U-Thant calling attention to situations in
Egypt, Syria and Iraq, representing continuing and serious infringements of human
rights.

On October 10, 1977, then-Israeli Minister of Foreign Affairs Moshe Dayan addressed the 32^nd Session of the UN General Assembly and spoke forcefully on the discriminatory treatment of Jews in Arab countries.

On December 3^rd, 1979, then-Israeli Ambassador Yehuda Blum delivered a speech to the UN during which he described the dramatic worsening in the attitude of (and treatment by) Syrian authorities towards its Jewish community.

On November 24^th, 1987, then-Israeli Ambassador to the UN Johanan Bein

addressed the 42^nd Session of the UN General Assembly and spoke of the war of aggression unleashed by Arab countries against Israel in 1948 which brought about an exodus of Jews from Arab lands.

Notwithstanding these and other formal representations, there was not one UN
resolution expressing concern about the plight and fate of up to 1,000,000 Jews

displaced from Arab countries, nor any ameliorative action undertaken on their behalf by the international community.

C) RELEVANT UN RESOLUTIONS AND ACTION

The following are the most seminal UN resolutions on the Middle East that could pertain to the issue of Jewish refugees and the concomitant response (or lack of it) by the international community.

UN Resolution 181 (II) (A+B): The General Assembly, on Nov. 29^th, 1947, in

adopting Resolution 181 (II), approved The Partition Plan , that provided for the

termination of the Mandate, the progressive withdrawal of British armed forces and the delineation of boundaries for two States and for the city of Jerusalem. It called for the creation of the Arab and Jewish States not later than October 1^st, 1948. By resolution 181 (II), the Assembly also set up the United Nations Palestine Commission (UNPC) to carry out its recommendations.⁴⁵ The adoption of resolution 181 (II) was followed by outbreaks of violence during which time the displacement of significant numbers of both Palestinians from Israel and Jews from Arab countries began.

UN Resolution 194 (III): On December 11^th, 1948, the General Assembly adopted
resolution 194 (III) that was destined to be one of the cornerstones of the Middle East
peace process. It was the road map of its era and provided a detailed plan for the
region. It consists of 15 paragraphs, one of which (paragraph 11) deals with the subject
of refugees. In part, it states that 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,
and that those choosing not to return should be compensated for their property. Unlike
Security Council resolutions, this General Assembly resolution was non-binding but Arab
government representatives at the United Nations still voted against it.

UN Resolution 237 (1967): After hostilities broke out between Israel and Egypt,
Jordan and Syria, and a subsequent cease-fire was secured, the UN Security Council
adopted Resolution 237 on June 14^th, 1967. It called upon Israel to ensure the safety,
welfare and security of the inhabitants of the areas where military operations had taken
place and to facilitate the return of the displaced persons. The Governments concerned
were asked to respect scrupulously the humanitarian principles governing the
protection of civilian persons in time of war as enunciated in the Fourth Geneva
Convention of 1949.⁴⁶

⁴⁵ UN Resolution 181 (II), adopted by the General Assembly on November 29, 1947.

⁴⁶ UN Resolution 237 (1967), adopted by the Security Council on June 14, 1967.

After this latest Middle East conflict, it was clear that the predominant concern of the UN was for the safety of Palestinian refugees. However, this resolution can appropriately be cited as the first official United Nations recognition that alludes to the plight and potential claims of former Jewish refugees. Then-Secretary-General U Thant sent Nils-Goran Gussing, his special representative to the region, and he stated expressly that the provisions of resolution 237:

might properly be interpreted as having application to the treatment, at the time
of the recent war and as a result of that war, of both Arab and Jewish persons in
the States which are directly concerned because of their participation in that

war. 47

No mention of Jewish refugees but a reference to Jewish persons, civilians who may require protection in time of war.

In an important precedent, Mr. Gussing, who went to the Middle East primarily to determine Israel s compliance with Security Council resolution 237, also addressed the plight of Jews in Arab countries.

On August 17, 1967, Mr. Gussing sent letters to the Governments of Syria and
Egypt, requesting a written report on the treatment and protection of Jewish persons
in those countries. He stressed that it would be particularly helpful to know how the
personal and property rights of such persons had been affected by the recent (1967)
war, how many of them might have been and continued to be confined and for what
reason, and whether they were free to leave the country in which they are resident. He
sent a similar letter to Israel about the status of Arabs in occupied areas.⁴⁸

On September 15, 1967, Mr. Gussing submitted his report to the UN that
included a section on The Question of the Treatment of Minorities. Mr. Gussing
reported to the UN General Assembly on his August 29, 1967 visit to Damascus where
he discussed the problem of Syrian Jewry with Government officials at some length.
He was told that the Syrian Government welcomed the chance to assure the Special
Representative that the Jewish minority in Syria were treated in exactly the same way as
other citizens. With respect to Egypt, Mr. Gussing reported that he had been rebuffed
by government officials in his efforts to determine the condition of Jews in Egypt since
the six day June war. He further reported that the Egyptian Government expressed the
firm opinion that the Security Council resolution (237) did not apply to the Jewish

minority in Egypt. Nonetheless, Mr. Gussing reported on persistent allegations that 500-600 Jews had been kept in detention since the beginning of the war.... In his remarks to the General Assembly, Mr. Gussing also referred to reports that the property of the Jews in Cairo had been confiscated.⁴⁹

Therefore, it cannot be said that the United Nations was unaware of the
violations of the rights of Jews from Egypt and Syria. However, whatever concern for

⁴⁷ Gruen, George E., The Other Refugees: Jews of the Arab World, p. 8.

⁴⁸ General Assembly, 5^th Emergency Special Session, Agenda item 5, The Question of the Treatment of Minorities , A/6797, Sept. 15, 1967.

⁴⁹ Ibid.

Jewish refugees that might have been evidenced as a result of resolution 237 was short-lived.

One year later, the U.N. passed resolution 259, which refers back specifically to resolution 237, albeit with a significant change in language. Now the UN was only concerned with:

The safety, welfare and security of the inhabitants of the Arab territories under military occupation by Israel.⁵⁰

No mention of Jewish persons. The concern for Jews had dissipated. The UN reverted back to form.

The second UN resolution that a number of governments (including Israel and the U.S.) contend applies to Jewish refugees is, of course:

UN Resolution 242 (1967): Later that year, on November 22^nd, 1967, the Security Council unanimously adopted, Resolution 242, laying down the principles for a peaceful settlement in the Middle East: withdrawal of Israel armed forces from territories occupied in the recent conflict and termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.⁵¹

Resolution 242, still considered the primary vehicle for resolving the Arab-Israel conflict, stipulates that a comprehensive peace settlement should necessarily include a just settlement of the refugee problem. An unsuccessful effort was made by the Soviet Union s UN delegation to restrict this just settlement only to Palestinian refugees. (S/8236, discussed by the Security Council at its 1382^nd meeting of November 22, 1967, notably at paragraph 117, in the words of Ambassador Kouznetsov of the Soviet Union). Justice Arthur Goldberg, the American delegate who was instrumental in drafting the unanimously adopted resolution, has pointed out that:

A notable omission in 242 is any reference to Palestinians, a Palestinian
state on the West Bank or the PLO. The resolution addresses the objective of
achieving a just settlement of the refugee problem. This language presumably
refers both to Arab and Jewish refugees, for about an equal number of each

abandoned their homes as a result of the several wars 52

The United Nations has also discussed, at great length, the issue of refugee
properties ; however, a plethora of UN resolutions have only addressed properties of
Palestinian refugees. Beginning in 1948, the issue was addressed at virtually every

annual meeting of the General Assembly, progressively expanding the focus on refugee properties of Palestinians.

⁵⁰ UN resolution 259, adopted by the Security Council on September 27, 1968.

⁵¹ United Nations, United Nations Information System on the Question of Palestine, Resolution 242 (1967).

⁵² Goldberg, Arthur J., Resolution 242: After 20 Years , published in Security Interests, National Committee on American Foreign Policy, April 2002.

However, with reference to Jewish refugee properties, the UN, by resolution or
otherwise, never affirmed like it did for Palestinians, that compensation should be
paid... by the Governments or authorities responsible (resolution 194); never called for

assessment and payment of compensation for Jewish property losses (like it does for
Palestinian refugees in resolution 394); did not call for an identification and evaluation
of ...refugee s immovable properties in Arab countries (like it does for Palestinian

refugees in resolution 1725); did not ask the Secretary-General to take all appropriate
steps... for the protection and administration of...property, assets and property rights
(like it does for Palestinian refugees in resolution 36/146); nor reaffirm that Jewish

refugees be entitled to their property and to the income derived there from, in
conformity with the principles of justice and equity (like it does in resolution 51/129).

Moreover, unlike the Palestinians, Jewish claims do not only concern private property but also significant Community assets that were expropriated in many countries synagogues, schools, community centers, cemeteries, ritual baths, etc.

In addition to the value of individual and communal properties left behind by the Jews of Arab countries, the State of Israel has spent hundreds of millions of dollars in the transport and absorption of these former refugees, most of who arrived destitute or with almost no wealth. Such amounts have to be taken into consideration in the overall evaluation of the compensation issue.

D) THE RESPONSE OF UN AGENCIES

Since 1947, only one UN entity the United Nations High Commissioner for Refugees (UNHCR) - has responded to the needs of Jewish refugees from Arab countries. By contrast, numerous existing UN Agencies addressed the wide-ranging needs of Palestinian refugees, including:

United Nations Conciliation Commission for Palestine (UNCCP): Established in December 1948 (General Assembly Resolution 194) the UNCCP was given the mandate to assist the governments and authorities concerned to achieve a final settlement of the Palestine question, and to provide protection and promote a durable solution for Palestine refugees. ⁵³

United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

Immediately after the Arab-Israeli hostilities of 1948, emergency assistance to Palestine
refugees was provided by international organizations such as the International
Committee of the Red Cross, League of Red Cross Societies and the American Friends
Service Committee. On December 8th, 1949, the UN General Assembly adopted

Resolution 302 (IV) creating UNRWA specifically for the provision of assistance to
Palestinian refugees.

Today, UNRWA provides basic relief, health, education and social services to
some 3.8 million people the original refugees (UN estimate 725,000) and their

descendents. UNRWA administers 59 refugee camps in its five areas of operation West

⁵³ Badil, The Role of the United Nations, p. 1.

Bank, Gaza Strip, Jordan, Lebanon, and Syria and employs more than 100 foreign
nationals and 20,000 Palestinians. UNRWA operations are financed almost entirely by
voluntary contributions from governments and the European Union, with United Nations
bodies covering staffing costs. Its 2002 budget was $292 million (US) with another $55
million (US) for projects and an additional emergency relief fund of $86 million (US).⁵⁴

Several other additional UN entities have subsequently been mandated to deal with the Palestinian issue, including the issue of Palestinian refugees.

• In 1974, the UN established the Committee on the Exercise of the Inalienable
Rights of the Palestinian People (General Assembly Resolution 3376), mandated to

recommend to the General Assembly a program of implementation designed to enable the Palestinian people to exercise their inalienable rights to self determination, to national independence and sovereignty; and to return to their homes and property from which they have been displaced and uprooted.

• In 1977, the UN established the Division for Palestine Rights (General

Assembly Resolution 32/40). The Division assists in planning and organizing

international meetings, preparing studies and publications relating to the issue of Palestinian and Palestinian refugees and organizing the annual commemoration of the International Day of Solidarity with the Palestinian People on November 29.

• In 1994, the UN established the Office of the United Nations Special
Coordinator for the Occupied Territories (UNSCO) to provide guidance and facilitate
coordination among UN programs and to assist the Palestinian Authority and donors in coordinating international assistance. UNSCO was not established specifically to address the Palestinian refugee issue, but relates to Palestinian refugees in the West Bank and Gaza Strip as residents of the occupied territories through its mandate.⁵⁵

A host of other UN affiliated programs provide some level of services to Palestinian refugees. These include: the United Nations High Commissioner for Refugees (UNHCR) dealt with Palestinians who did not fall under the mandate of UNRWA; the Joint United Nations Program on HIV/AIDS (UNAIDS), the United Nations Development Program (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Population Fund (UNFPA), the United Nations Children s Fund (UNICEF), and the World Health Organization (WHO).⁵⁶

As noted earlier, the sole UN body that has dealt with the needs of a segment of those Jews fleeing from Arab countries was the Office of the UN High Commissioner for Refugees (UNHCR). Beginning in 1957 and continuing through to the early 1970s, the UNHCR undertook significant initiatives, trying to expedite the transfer of assets after Jews had resettled in new countries of residence. However, notwithstanding good intentions, the protection and rehabilitation provided to Jewish refugees by the UNHCR did not even represent a miniscule fraction of the overwhelming support provided by the international community to Palestinian Arab refugees.

⁵⁴ United Nations Relief and Works Agency for Palestinian Refugees in the Near East website, Finances. ⁵⁵ Badil, The Role of the United Nations , p. 2.

⁵⁶ Badil, The Role of the United Nations, p. 3.

V) JEWISH REFUGEES FROM ARAB COUNTRIES:
THE CASE FOR RIGHTS AND REDRESS

I) Jews from Arab Countries and the Israeli-Palestinian Peace Process

It would be an injustice to ignore, in the Israeli-Palestinian peace process, the
rights of Jews from Arab countries. It would be a distortion of history, and would
constitute a fundamental inequity, to recognize a right in Palestinian refugees to redress
without recognizing a right to redress for Jewish refugees displaced from Arab countries.
The case of displaced Jews to redress is as strong as, if not stronger than, the case of
Palestinian refugees.

Yet, that is exactly what appears to be happening. Occasionally, the two sets of claims
have been put on equal footing. A United Nations Security Council Resolution adopted in
1967 calls for a just settlement of the refugee problem without distinction between
Palestinian and Jewish refugees.⁵⁷ The Camp David Framework for Peace in the Middle
East of 1978 (the Camp David Accords ) includes, in paragraph A (1)(f), a commitment
by Egypt and Israel to work with each other and with other interested parties to
establish agreed procedures for a prompt, just and permanent resolution of the
implementation of the refugee problem - again without distinction between Palestinian

and Jewish claims. President Carter stated in a press conference in 1977 that

Palestinians have rights...obviously there are Jewish refugees... they have the same rights as others do.⁵⁸

But in practice that is not how things are working out. In 1991, the Madrid Peace
Conference established a Multilateral Working Group on refugees. Its mandate was to
consider practical ways of improving the lot of people throughout the region who have
been displaced from their homes . But as Kara Stein writes,⁵⁹ those involved in the
Working Group, save perhaps the Israelis, view their efforts as relating to Palestinian
refugees only.

Several aspects of the 1994 Israel-Jordan Peace Treaty are worth noting. The
Article 8, Paragraph 1, entitled Refugees and Displaced Persons recognizes the

massive human problems caused to both Parties by the conflict in the Middle East . What
is significant about this provision is that it is clearly not limited to Palestinian refugees.

While the Parties commit themselves to alleviate problems on the bilateral level,
they also affirm in paragraph 2, that problems cannot be fully resolved on the bilateral
level and therefore commit themselves to seek solutions in accordance with
international law in negotiations, in a framework to be agreed, bilateral or otherwise, in
conjunction with and at the same time as the permanent status negotiations

Reference to massive human problems in a broad manner, and the commitment
of the parties to find ways to resolve these problems, suggests that the plight of all

⁵⁷Resolution 242.

⁵⁸October 27, 1977.

⁵⁹The Madrid Peace Conference and the Refugee Working Group a soon to be published paper by Kara Stein,

Assistant Director for Domestic Policy and Legal Affairs at the American Jewish Committee.

refugees of the conflict in the Middle East , including Jewish refugees from Arab lands, was envisaged in this Treaty.

To the extent that individual claims by Jewish refugees may exist against Jordan
(in particular for property damaged or expropriated during the 1948-1967 period),

Article 24 of the Israel-Jordan Peace Treaty notes that the parties agreed to establish a claims commission for the mutual settlement of all financial claims although this commission was never set up in practice.

The rights of Jews displaced from Arab lands were discussed at Camp David II in July 2000. On July 28, 2000 President Clinton was interviewed on Israeli television and stated clearly:

There will have to be some sort of international fund
set up for the refugees. There is, I think, some
interest, interestingly enough, on both sides,
in also having a fund which compensates the Israelis
who were made refugees by the war, which occurred
after the birth of the State of Israel. Israel is full of
people, Jewish people, who lived in predominantly
Arab countries who came to Israel because they
were made refugees in their own land .

This candour by President Clinton has not been replicated by others in leadership positions. If one thought of Israel, the West Bank and Gaza as on the moon rather than in the Middle East, this blinkered approach, looking only at Palestinian refugees in isolation from displaced Jews, might have a certain logic to it. Redress due to displaced Jews is not due from the Palestinian leadership. Jewish refugees did not, for the most part, flee the West Bank and Gaza.

However, if one looks at the peace process in context, if one places Israel in the Middle East, where it obviously is, if one accepts that peace in the Middle East means peace with Israeli s Arab neighbours as much as with the Palestinians, then it is impossible to overlook the issue of displaced Jews. A settlement of outstanding disputes between Israel and its neighbours must resolve this dispute.

A comprehensive peace must be endurable and enduring. There can be no peace without truth or justice. Recognition of the past is essential to the integrity of the Middle East peace process. Rejection of memory is a rejection of peace. Justice in the Middle East includes justice for Jews from Iran and Arab countries. Unless the displacement of Jews from Arab lands and Iran is acknowledged within the Middle East peace process, unless Jews displaced from Arab lands and Iran are treated equitably in the Middle East peace process, there will be no true, just peace.

II. The Injustice

Some 850,000 Jews were displaced from Arab countries after the creation of the State of Israel. About 600,000 of those settled in Israel. While somewhat different in context, there was victimization, and a right to redress also exists, for another 57,000 Jews displaced from Iran.

These people were not, for the most part, voluntary migrants seeking to leave
their home countries for economic reasons or wanting to immigrate to Israel for
religious or ethnic reasons. They were mainly refugees forced to flee to save
themselves. Before they were displaced, they were threatened, harassed and
persecuted. Before they were displaced, as part and parcel of the persecution they
suffered, or after, their property was forfeited or confiscated. The Jews who were
displaced from Arab countries and Iran are a victim population, people who suffered
human rights violations at the hands of the governments and populations in the
countries in which they lived.

The story of that victimization has been described many times.⁶⁰ That victimization creates a right to redress.

III. Redress

In international law, any human rights violation gives rise to a right to redress. The right belongs both to the victim and the beneficiaries of the victim. The duty to make redress falls on the state responsible for the human rights violations.

Today, there are regimes, most notably in Iraq and Egypt that are not the regimes that were in place at the time the violations occurred. Even in those cases, it can be argued that successor regimes should provide reparation to the victims.

Reparations should be adequate, effective and prompt. They should be proportionate to the gravity of the violations and the harm suffered.

Reparations for the taking of property are also due to foreign nationals; that is, nationals of another country other than those of the regime that did the taking, whether victims of human rights violations or not. In this case, the state to which the foreign national belongs is entitled to assert the right of its national to reparations.⁶¹

⁶⁰See Itamar Levin, in Policy Forum publication number 22, published in 2000 by the Institute of the World Jewish
Congress, titled Confiscated Wealth: The Fate of Jewish Property in Arab Lands, which detailed the victimization of the
Jews of Iraq, Syria and Egypt; Itamar Levin, Locked Doors: The Seizure of Jewish Property in Arab Countries , Praeger,
2001; Why Did They Leave in Jews from Arab Countries: Background Briefing Notes prepared by the American
Sephardi Federation found at www.jewishrefugees.org; The Jewish Refugee from Arab Countries: An Examination of Legal
Rights: A Case Study of the Ethnic Cleansing of Iraqi Jews, soon to be published paper by Carole Basri, of WOJAC; Co-
Chair, Middle East Committee, International Section, American Bar Association; and Adjunct Professor, University of
Pennsylvania School of Law; Responsibility for Persecuting Jews in the Arab Countries, soon to be published paper by
Ya acov Meron, Professor, Hebrew University.

⁶¹Private Property Rights in International Law - The Property of Jewish Refugees from Arab and Moslem Countries a
soon to be published paper by Alberto M. Aronovitz, Staff Legal Advisor at the Swiss Institute of Comparative Law;

Arbitrary deprivation of property is itself a violation of a fundamental human right, forbidden by the Universal Declaration of Human Rights.⁶² There does not have to be violation of another right accompanying the arbitrary deprivation in order for human rights to be violated.

IV. Remedies

A. The High Commissioner and Mandate Refugees

The Statute of the Office of the United Nations High Commissioner for Refugees obligates the High Commissioner to provide for the protection of refugees falling under the competence of his office by, amongst other duties, endeavouring to obtain permission for refugees to transfer their assets and especially those necessary for resettlement.⁶³ This provision is noteworthy, not only because of the duty it imposes on the High Commissioner, but also because it covers all assets.

There need be no nexus between the human rights violations that had caused the flight and the assets left behind to trigger the duty owed by the High Commissioner. Indeed, the assets may remain under the ownership of the refugee. As long as there are any restrictions on the transfer of the assets out of the country fled, the Statute of the High Commissioner requires him to act. Although many of the Jews from Arab countries were displaced decades ago, many are still suffering financial and other resettlement difficulties that emanated from their displacement.

In order for a refugee population to fall within the mandate of the High Commissioner, the High Commissioner or some other instance has to determine that the population has or had a well-founded fear of persecution.⁶⁴ The High Commissioner has made such a determination for Jews from Arab countries.

In the first instance of this determination, in his first statement as newly elected High Commissioner, Mr. Auguste Lindt, at the January 29, 1957 meeting of the United Nations Refugee Fund Executive Committee (UNREF) in Geneva, stated:

Another emergency problem is now arising: that of refugees from Egypt. There
is no doubt in my mind that those refugees from Egypt who are not able, or not willing
to avail themselves of the protection of the Government of their nationality fall under

the mandate of my office. 65

In the second such instance, Dr. E. Jahn for the Office of the High Commissioner wrote to Daniel Lack, Legal Adviser to the American Joint Distribution Committee, on July 6, 1967:

Considerations Applicable to Compensation for Jews Ejected from Arab Lands soon to be published paper by Steven C. Sheinberg, Assistant Director, Legal Affairs, Anti-Defamation League.

⁶²Article 17(2.

⁶³Article 8(e).

⁶⁴ Article 6B.

⁶⁵ United Nations High Commissioner for Refugees, Report of the UNREF Executive Committee, Fourth Session Geneva 29 January to 4 February, 1957.

I refer to our recent discussion concerning Jews from Middle Eastern and North
African countries in consequence of recent events. I am now able to inform you
that such persons may be considered prima facie within the mandate of this
Office.⁶⁶

The High Commissioner has gone about endeavouring to obtain permission from Arab governments for Jewish refugees to transfer their assets from the Arab countries they fled.⁶⁷ Mostly, those efforts did not succeed. However, the efforts themselves are noteworthy. They remind us that the High Commissioner is available, still, to pursue the transfer of assets. As well, the determination by the High Commissioner that these refugees fall within his mandate is a determination by an international instance that these refugees have or had a well-founded fear of persecution.

Persecution is any serious violation of human rights.⁶⁸ Such persecution was clearly documented in the first section of this paper. The UNHCR made an independent determination, and confirmed publicly on at least two occasions, that Jews from Arab countries were victims of serious human rights violations that caused their flight. That determination remains valid and has contemporary legal consequences, beyond the previous efforts of the High Commissioner to obtain permission from persecuting governments to transfer refugee assets.

B. The High Commissioner and Convention Refugees

The Refugee Convention also has a restitution provision requiring contracting
states to give sympathetic consideration to the transfer of assets of refugees.⁶⁹ An
obligation to give sympathetic consideration is more than mere words. While an
obligation to give sympathetic consideration does allow a contracting state to say no to
a request to transfer assets, all treaties must be performed in good faith.⁷⁰ Sham
consideration, unsympathetic consideration would be a violation of the treaty.

Treaties do not have retroactive force.⁷¹ However, the obligation to transfer assets is not a retroactive obligation. It is a contemporary obligation, as a matter of Treaty interpretation. As long as the assets still exist, and the request to transfer is current, we are dealing with present facts and not past facts.

It would frustrate the purpose of resettlement of the Refugee Convention to
interpret the Convention not to apply to assets in a contracting state belonging to
refugees who fled before the contracting state acceded to the Convention. Where
transfer of assets is necessary for resettlement, then allowing transfer means that there

⁶⁶ United Nations High Commissioner for Refugees Document No. 7/2/3/Libya.

⁶⁷The United Nations High Commissioner for Refugees (UNHCR) and Former Jewish Refugees from Arab Countries, a
soon to be published paper by Stanley A. Urman, Director, Justice for Jews from Arab Countries.

⁶⁸Office of the United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for

Determining Refugee Status, paragraph 51.

⁶⁹Article 30.

⁷⁰Vienna Convention on the Law of Treaties, Article 27.

⁷¹Article 28.

will be resettlement. Refusing transfer means that there will not be true resettlement. An interpretation of the treaty that would facilitate resettlement has to be favoured over an interpretation that would frustrate resettlement.

C. An International Fund

The United Nations Compensation Commission and Fund provides a model for a
remedy that could be negotiated as part of an Arab-Israeli comprehensive settlement.⁷²The United Nations Compensation Commission and Fund were established by Security
Council resolution of May 1991, to compensate foreign nationals, companies and

governments for injuries suffered as the result of the Iraqi invasion of Kuwait.⁷³

This model could be used to arrange for compensation for Jewish refugees arising out of the Arab-Israeli conflict. Moneys could come from the governments of the countries from which the Jews were displaced. But the source of the funds could be broader. It need not be restricted to those governments.

The intended beneficiaries of the fund could also be broader, allowing all those
displaced, both Jewish and Palestinian, to make claims against an international fund
established specifically for that purpose whether or not the Jews are in Israel, whether
or not the Palestinians are in refugee camps or in the West Bank and Gaza. Though the
remedy here is patterned after the UN Compensation Fund, the remedy would not be a
UN Fund, but rather a fund established as part of and the result of an Arab-Israeli
comprehensive settlement.

It may seem strange to arrange for settlement of all Jewish claims from Arab states in the context of an Israeli-Palestinian peace agreement when many of those Jewish persons with claims are not Israeli citizens and when the claims are almost entirely not against Palestinians or their representatives. But one objective in the negotiations is to ensure that an Arab-Israeli settlement would constitute an end to all claims arising out of the conflict, including private claims. The private claims of Palestinian refugees would have to be limited to the avenues of relief expressly created in an Arab-Israeli settlement and extinguished otherwise.

It may unreasonable to expect that an Arab-Israeli settlement would limit within a fund established by the agreement and otherwise extinguish Palestinian claims but neither extinguish nor limit Jewish claims. Whatever differences may exist between Palestinian and Jewish claims, these may have to be addressed within an Arab-Israeli settlement and the mechanisms for compensation from the fund.

If it were otherwise, if Jewish claims were not satisfied within the Arab-Israeli settlement and extinguished outside that agreement, then Palestinians might also argue that their claims too are not extinguished by virtue of the settlement. A crucial dispute would remain unresolved.

⁷²The United Nations Compensation Commission: A Model Compensation Regime for Jewish Refugees from Arab
States? a soon to be published paper by Elie Haymovitz and Talia Magnas, Claims Analysts at the Conference on
Jewish Material Claims Against Germany.

⁷³Security Council resolution 692, May 20, 1991.

D. Foreign Courts

The likelihood of Jews obtaining justice in the courts of the countries from which
they were displaced is small. Indeed, part of the persecution they suffered was the
perversion of justice, the absence of an effective remedy in their home countries. By
way of example, the Camp David Framework for Peace in the Middle East of 1978 (the

Camp David Accords ) includes, in paragraph A (1)(f), a commitment by Egypt and
Israel to work with each other and with other interested parties to establish agreed
procedures for a prompt, just and permanent resolution of the implementation of the
refugee problem. It could be argued that the unqualified reference to the refugee
problem can be regarded as an indication that Egypt and Israel envisioned a broad
resolution of the refugee problem that included both Palestinian and Jewish refugees.

Moreover, Article 8 of the Treaty provides that the Parties agree to establish a claims commission for the mutual settlement of all financial claims. In practice, this commission has not been established and no lawsuits filed by former Jewish refugees from Egypt in Egyptian courts have ever been satisfactorily resolved.

This failure raises the question of the availability of foreign justice. The use of foreign courts raises two questions. One is whether the law of the foreign state allows a remedy.⁷⁴ The other is whether international law allows a remedy.

There have been a number of developments in the international arena in recent
years to suggest that the principle that a state may allow a litigant to seek reparations
against a foreign state for violations of fundamental human rights has reached the
status of customary international law. Customary international law is the practice of
states that they view as legally binding upon them. Developments include the Statute of
the International Criminal Court,⁷⁵ the writings of the International Law Commission,⁷⁶the reasoning of the International Criminal Tribunal for the Former Yugoslavia⁷⁷ and
legal opinions of states expressed in the United Nations Commission on Human Rights
and General Assembly.⁷⁸

⁷⁴For the United States, see the soon to be published paper by Marc D. Stern, Assistant Executive Director,

American Jewish Congress, American Law on Recovery of Illegally Expropriated Property.

⁷⁵Article 75.

⁷⁶Appendix to the annex to the report on the work of the fifty-first session of the International Law

Commission, 3 May-23 July 1999, United Nations document A/54/10.

77 Prosecutor v. Furundzija, December 10, 1998, paragraph 155, Judges Mumba, Cassese and May.

⁷⁸The Response of the United Nations to the Issue of Refugees Arising out of the Arab-Israeli Conflict, soon to be

published paper by Stanley A. Urman; Jewish Refugees and the United Nations Commission on Human Rights, soon to

be published paper by Andrew Srulevitch, Executive Director, UN Watch; United Nations Commission on Human Rights in 2001 passed a/ resolution 62, paragraph 6.

V) JUSTICE FOR JEWS FROM ARAB COUNTRIES:

THE SPONSORING ORGANIZATION

I. PURPOSE

There exists a moral imperative to ensure that justice for Jews

from Arab countries assumes its rightful place on the international

political and judicial agenda and that their rights be secured as a

matter of law and equity.

II. OBJECTIVES

1. To educate public opinion on the causes, and plight, of Jews who

were displaced from Arab countries; and

2. To advocate for, and secure rights and redress, for former Jewish

refugees who suffered as a result of the Arab-Israeli conflict.

III. STRUCTURE AND LEADERSHIP

Justice for Jews from Arab Countries (JJAC) was founded in the

United States under the auspices of the Conference of Presidents of

Major America Jewish Organizations, the American Sephardi

Federation and the World Organization of Jews from Arab Countries.

Major organizations that participate in the work of JJAC include the

American Jewish Committee, the American Jewish Congress and the

Anti-Defamation League.

IV. PROPOSED ACTIVITIES

1. To complete the compilation of records in order to preserve

the historical narrative as well as to document the claims for

physical and material losses suffered by Jews displaced from

Arab countries.

2. To document the bases, in international law and

jurisprudence, for potential claims to rights and redress for the

loss of individual and communal property.

3. To encourage relevant governments and international

bodies, in any and all Middle East peace process discussions, and

pursuant to principles of international law and equity, to

support the legitimate call for rights and redress for Jews

displaced from Arab countries.

4. To mobilize political, legal and other support, from a variety

of national and international entities, on behalf of the rights of

Jews from Arab countries.

5. To undertake a public education and information campaign in

support of the international efforts to secure rights and redress

for Jews displaced from Arab lands.

Middle East Facts 2016

Tuesday, July 28, 2015

JEWISH REFUGEES FROM ARAB COUNTRIES: THE CASE FOR RIGHTS AND REDRESS

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