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Libyan Constitutional Union

 

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عربي

 

 
 

 

. . . And the Jews of Libya ! ?

By: Mohamed Ben-Ghalbon*

The Full Article

(Translated from Arabic)

 

The following article was submitted for publishing in Al-Hayat Newspaper in February 1995.  A heavily edited version of it was published in the “Ideas” section on 9th March 1995, Issue No.11705 under the above title, which was chosen by the editor (over half of the sent piece was in fact omitted).  To view the published part, please click this link or the article’s image below. 

The published part of the article is written here in italic

 

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The Libyan case appears to observers to be quite a simple case, like any of the dozens of similar cases that filled the third world over the latter half of this century.  A group of Army officers carryout a military coup de Etat and seize power in the country.  One of the junta rules absolute and sends his comrades to the same fate as the previous officials.  He turns into a despot and rules with an iron fist.

People get fed up and the solution to the problem is as simple as the problem it self.  A new junta emerges from the same army to execute a new coup de Etat, it overthrows the dictator and begins to effect a “Reform Program”, and so on....

However our case is far from this simple, or else it would have followed the same predictable pattern.  Some of us realise this fact while others stand bewildered and in horror at the length of time this “nightmare” has taken, and by its ability to survive all this time despite its obvious deficiencies and vulnerabilities.  

Some of us fully realise that there is more than one player in our predicament, and more than one interested party.  That it is a result of more than one problem, while others grasp only parts of that, and with a varied degree of clarity.

As all conventional attempts to address the Libyan case have repeatedly failed, it is perhaps our duty to now review our attitude towards it.

In order to accomplish that, or for any conventional method to succeed, we ought to reduce the size of the problem and free it from any excess weight.  The following is one example of many.

Whilst the Palestinians and Israelis have found ways of reconciliation, and Jordan began to normalize its relationship with Israel, I feel that reconciliation between Libyans and their Jewish compatriots is neither impossible nor needs to be delayed any further.

Yes, there were thousands of Jews who had lived in Libya for many centuries, and until 1967 they formed a peaceful minority within Libyan society.  In June of that year the Libyan security forces appeared reluctant to protect the Jewish citizens from the angry mob who were inflamed by the Israeli attack on Egypt.  Consequently a number of Jews lost their lives and many more were injured and their properties pillaged and burnt.

That day was a dark episode that can never be justified.  It was further compounded by the Libyan government's decision to evacuate the Jews from Libya in an attempt to rid themselves of the responsibility of protecting them.  They were hastily evacuated to Italy in an undignified fashion which added to their fears and distress.

There is nothing, in my opinion, to prevent the Libyans in exile and the Libyan opposition groups from taking a positive step towards their fellow Jewish countrymen, with whom we now share similar circumstances, and re-build the old friendly ties between us.  We should do this for the sake of righteousness, justice and all that is good and virtuous in the Libyan nature.

 

*Chairman of the Libyan Constitutional Union

(AL-HAYAT Thursday, 9 March 1995. Issue No: 11705)

 

 

 
 

 
     
 

 
 

 

 

 

 

 

 

 

 

http://www.libyanconstitutionalunion.net

http://www.lcu-libya.co.uk

 

An Open Letter

To the Head of the Libyan Jewish Community

in the United Kingdom

Mr. Raphael Luzon

(Translated from Arabic)*

10 June 2005

 

Assalaam Alaikum,

 

The ordeal our Jewish compatriots were subjected to in 1967 was truly horrible.  We should not have let the crimes of the Israeli army against the Palestinians destroy the harmony of the Libyan nation.

I had already expressed this opinion openly more than ten years ago, well before the Jewish case gained prominence on the Libyan stage of events.  This was published in the London based daily newspaper Al-Hayat, 9th March 1995, Issue No11705 (available in the archival site of the Libyan Constitutional Union: http://www.libyanconstitutionalunion.net/documentary.htm).

This refutes the accusation made in your open letter recently posted on two Libyan web sites on the internet (“Akhbar Libya” on 26th May & “Libya our Home” on 28th May 2005), that Libyan activists “were never concerned with the Jewish community”.

Furthermore, the claim that the riots of 1945 & 1948 “were without any reason” is in contradiction to official British documents.  I have previously published copies of these documents in a series of three instalments on three consecutive days in “Al-Hayat” between 21st and 23rd September 1997.  (Copies can also be found by following the above link).

This clearly reflects our empathy for our Jewish compatriots in their suffering as deeply as we feel, in similar circumstances, for the rest of the minorities and ethnic groups that comprise the Libyan nation.  And this endeavour on our part is a proof of our continuous efforts to comprehend and analyse that period of the modern history of our country to identify and understand the roots of this problem without bias or prejudice.

We condemn without reservation what happened to Libya’s Jews in 1945 and 1948.  We also wish to point to the fact that the British Government was responsible for their safety at that time, as Libya was not yet an independent state. The entire country was under the protection of the British Administration, which was mandated by the UN to keep law and order in the country that was just liberated from Italian colonialism.  At that point the right of its people for the establishment of an independent state had not yet been recognised.  So it might be the case that demands and condemnations should be directed toward the British Government, which may be the source of the encouragement for the Jews to immigrate to Palestine.

You also stated in your letter that during the time of the monarchy “the Jews have been deprived of several of their rights like the right to vote or to run for a seat in Parliament, the right to have equal opportunity to work in government or in the army”.  This is true.  However, this was implemented according to oral orders by officials without any legal basis in clear violation of the Constitution.  Our Jewish compatriots never legally challenged those orders.  Libya, then, had a judiciary system that secured the right of taking up of cases against the government when the constitution was violated.

The constitutional right to challenge the state in the courts of law had been exercised in complete freedom and at the highest level.  An occasion of this was when The Supreme Court ruled to nullify a Royal Decree (see page 125 of, “Ben-Halim’s Conspiracy Against Democracy: 1954” by Ali Al-deb).  Another example was when the Supreme Court had ruled in favour of a contractor company against a government decision and the ruling was actually enforced (see the case of “Fezzan Road” in “Modern Libya” by Majid Khedouri, page 315 of the English edition).

Therefore, Libya’s Jews have made the same error as the “Libyan Political Parties” when they were banned from participating in the Libyan political life.  Neither resorted to the courts to insist on their rights nor sought to indict the government for contravening the constitution.  Had the political parties or the Jewish community done so, they would have undoubtedly gained their legitimate rights as well as contributed to enriching the constitutional experience of the newly born state.  The Libyan State had just emerged from colonial rule and mistakes accompanied its unsteady first steps.  However, the mistakes were primarily a result of lack of knowledge but not malevolence.

Like the rest of their fellow countrymen, Libya’s Jews did not fully comprehend the value and power of their internationally affirmed constitution to obtain and maintain their rights.

In conclusion I unequivocally re-emphasise that there is nothing in the above that justifies, or eases the pain of the killing of any citizen by another, or the injustice committed by one group against another, for any reason, or under any pretext.

 

Mohamed Ben Ghalbon

Chairman of the Libyan Constitutional Union

Manchester- UK

 

* (This letter was originally written in Arabic and posted on the aforementioned two web sites on 29th and 30th May.)  (click Here to view Arabic Letter)

 

 

 

 

 

 

 

 

 

 

Gaddafi and the Abandoned Constitution

By: Mohamed Ben Ghalbon*[i]

Translation from Arabic

29 July ‏2005‏

 

We at the Libyan Constitutional Union (LCU) are certain that the manner in which the monarchist Libyan Government dealt with the events of June 1967 regarding its Jewish citizens accelerated the demise of the Libyan throne and coloured with hostility the choice of its replacement. 

The plans that were already in the making for a regime change in Libya, with patience and prudence, by those who hold the reins and move the political pieces in our miserable part of the world were modified to take a vengeful course 

In the beginning of the 1980’s uprising Libyan patriots in alliance with several major Arab states, which were unhappy with Gaddafi, began to form a serious threat to the Libyan regime.  However, this was not suitable to those who hold the reins because the vengeful plan (for Libya) had not run its complete course just yet and the country’s infrastructure did not reach the absolute wreck that was intended for it.  The once promising alliance was deliberately contained within a single organisation which went on to marginalize everyone outside its umbrella and plunged the alliance into a void of failure and irrelevance.

Now that Libya’s infrastructure has hit rock bottom and the country’s sole decision maker openly recognises the rights of the Libyan Jews to citizenship and compensation, the ruthless plan, it appears, is deemed to have completed its course and the country is welcomed back into the international fold.

It is no longer a secret that the Libyan Jews’ right for compensation was among the conditions for accepting Libya’s return to the international fold and granting Gaddafi and his heirs a new and long-lasting lease to rule Libya.  (Ref: Statement by the U.S. assistant secretary of State for Near and Eastern affairs William J. Burns before the U.S. House of Representatives’ International Relations Committee on March 16, 2005:

http://wwwc.house.gov/international_relations/109/bur031605.htm )

With the Lockerbie compensation still fresh in the mind, it is easy to picture the return of the Libyan Jews and the result of negotiations for compensation, particularly since it is now an established fact that Gaddafi will agree to all that secures continuity of his reign. 

However, this is not what really worries us.  We are concerned about a far greater matter.  When the survival of a particular regime becomes dependent on satisfying a minority of its citizens.  A minority that happens to be a well-trained and a tightly knit community that enjoys a completely advantaged standing with the superpower that is exerting the pressure and holds all the pieces.  To have this minority’s interests, as they alone desire them, as a condition to allowing the entire nation back to the international fold, would undoubtedly lose the regime its decision-making power and the nation (with its infrastructure in complete ruins) its political and economical independence.  This will also lead to a state where that minority is elevated to the elitist status within the society.

None of Gaddafi’s maverick politics or green theories will get him out of this particular web.  The trap was designed by ruthless professionals who meticulously studied and used his psychology to achieve a result where he is persuaded to react naturally in predictable ways to implement their objectives and faithfully complete the course.

We believe that the above analysis was the pre-determined outcome of the Libyan ordeal of the past 35 years, and it is the course we see developments will follow.

“New world order” wishes will turn into orders.  Gaddafi’s concessions will continue with the waves of pressure.  He will be powerless.  He will have no ground on which to contest the imposed demands, as he is the sole decision maker in the “Jamahiriya”.  He created it and the laws and legislations are entirely of his making.  He cannot hide behind the “People’s National Assembly” or divert responsibility to it.  Past years have shown the assembly to be a puppet show that merely rubber-stamps his wishes.

The internationally endorsed Libyan Constitution of 1951 was the only threat to implementing the wicked plot.  Gaddafi was therefore ‘encouraged’ to abolish The Constitution from the outset.  Attempts by The Libyan Constitutional Union to raise the Constitutional banner were stifled at birth, and the movement was isolated and kept in the dark to the extent that our call could only manage to break through barriers and reach the Libyan Opposition itself after 24 years of perseverance.  This was in spite of the clarity and relevance of its message, in addition, to the sincerity and aptitude of the majority of its target audience, the Libyan people.

For history, the late King Hassan II of Morocco was the only man who recognised our goal from the beginning.  He sent a personal representative to express his admiration and appreciation and to offer us his valuable and decisive support as a gift to the Libyan people.  However, this was on condition that we amend a certain point in our case.  His condition was (sadly) motivated by misinformation from factions of his then guests from the Libyan opposition groups.  This is not the appropriate time to elaborate on this matter.  Our refusal to comply lost us The King’s support, as we could not convince his majesty that his guests were misleading him.  A fact he learnt later but after Libya had lost that golden opportunity.  The late King assigned one of his most trusted men, the veteran politician and former Prime Minister of Morocco Mr Almuti Abu Obeid, to form the “Moroccan Constitutional Union” in the spring of 1983 to benefit the Moroccan people of the concept which had profoundly appealed to him.

Had Gaddafi ever reverted back to The Constitution at any time of his rule and recognised, respected and enforced it, he would still have been able to rule supreme as he wished (only without the divine aura he ruthlessly pursued), and would now be in a position to use it as an international shield to defend the country’s sovereignty.  He would be in a position to legitimately refer unreasonable demands to parliament, which in turn would be shielded with the constitution.


[i] Chairman of the Libyan Constitutional Union

lcu@lcu-libya.co.uk

 

 

 

Was posted on  Libya Al-Mustakbal   web site on 25 Jul 05 and   Libya Our Home   on 1 Aug 05

 

 

 

 

 

 

 
 
 
 

 

Libya’s Jews:

 

Testimony of British Government’s Secret Documents.

 A documentary study[1] by: Mohamed Ben Ghalbon

 

The subject of “Libya’s Jews” and the dramatic events, which befell them since 1945, and eventually led to their abrupt exodus from Libya in June 1967, is widely discussed on the Internet.  Entire web sites are dedicated to the matter, and they supplement the many books, which have been written about the subject in recent years.

It is noticeable, however, that all the facts are often presented from one side only, inevitably leading to many inaccurate, and often grave conclusions.

The profound influence of two major factors which gave rise to those crises and helped escalate them, namely the surge of Zionism among young Jews throughout the Arab world, and the creation of the state of Israel, are rarely put in their proper context.

I, therefore, wish to introduce the facts contained in British Government Secret Documents that are released after 30/50 years, and are kept in “The National Archives”[2]. These documents include reports by the British Military Administration in Libya, which was in charge during the two early disturbances of 1945 and 1948 prior to Libya’s full independence. Parliamentary records, press reports from Jewish newspapers and correspondences between British Government Officials and various Jewish International Organizations are also included[3].

This is an attempt to compensate for the lack of a credible recorded chronology of that critical period of our country’s history. The introduction of this alternative source of solid facts will hopefully help us all form an accurate picture of what really happened, and to understand the circumstances that led to it.


[1]  An Arabic version was published in the International Daily “Al-Hayat” in

a series of three instalments between 21st and 23rd September 1997. (click here to view)

[2] The National Archives, Kew, Richmond, Surrey, TW9 4DU. England

[3]  To ensure accuracy, entire documents were used throughout.  In some cases this resulted in repetition.

 

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Document No: (1)

File No: FO371/45396

 Extract from "The Jewish Chronicle"

of November 16th 1945

 The grave outbreak of murder, rioting, and arson by Arabs in Tripoli on Sunday of last week, which, as briefly reported in our last issue, resulted in the deaths of 74 Jews, was followed on the Tuesday by further anti-Jewish riots at Zanzura, to the west of Tripoli, when 30 Jews, including a number of children, were killed. Another six Jews were killed at Zavia, where troops opened fire, and two Jews were killed near Kussabat.

Altogether, over 100 Jews have been killed and 219 wounded in these riots, which were instigated and carried out by subversive Arab elements. One Arab was killed and 36 were injured.

The Jewish quarters at souk el Juma and Tejura[1] in Tripoli were looted and gutted.

At Zanzura, Arabs attacked the Jewish quarter, set fire to the Synagogue and some houses and looted Jewish property.

Stern measures were taken by the British Administration who took over Tripoli in order to quell the riots.   There was intensive patrolling by troops and police, who had orders to shoot all looters and to fire, if necessary, to disperse groups of more than five persons.  Over 550 rioters were arrested, including 17 Arab leaders.

A message of sympathy and encouragement from the yishuv was sent to Mr. Zanchino Habib, President of the Jewish community of Tripoli, on behalf of the Vaad Leumi by the President, Mr. Isaac Ben-Zvi.

"The Yishu is horrified at the terrible pogrom”, the message says. "Your sacrifices are further proof of the bitter fate threatening Jewish minorities in the adjacent countries. Be strong and of good courage. Lift up your eyes towards Zion whence Israel's salvation will come”.

The trial of some of those arrested for rioting started before British military courts in Tripoli last Friday.

An official communiqué states that Tripolitania is now quiet, but that irresponsible elements have not entirely ceased their activities.

The funerals of Jews killed in the rioting "passed off without incident", the communiqué added.

The Mufti of Tripolitania, in condemning the riots, said that they were "a most disgraceful and lamentable episode". He called upon the Arab population to return to peace and restore the previous happy relationship, which existed between the Jews and the Arabs.


[1] Tejura

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Document No: (2)

File No: FO371/45396 Document ref: E10226 (PALESTINE &TRANSJORDAN)

Dated: 27th November 1945

PARLIAMENTARY QUESTION

 

TRIPOLITANIA DISTURBANCE

 

  

Major Renton: asked the Secretary of State for War whether he will make a statement about the recent disturbances in Tripolitania, with particular reference to the cause of such disturbances; the places where they occurred; and the steps taken for the prevention of similar disturbances in future.

Mr. Lawson:

The Jewish community in Tripolitania have lived in friendly relations With the Arabs for many centuries. Although political tension had increased in the territory owing to the uncertainty regarding its future there was no reason to anticipate an anti-Jewish outburst. The outburst itself appears to have been a spontaneous reaction to similar troubles in Egypt regarding the Palestine situation. Later evidence points to local political instigation on the part of Arab extremists.

The disturbances began in Tripoli City on the night 4th/5th November at first in the form of mob violence, which was checked, by the following night by the intervention of the garrison.  The disturbances, which were aggravated by hooliganism and looting, then spread to the suburbs and outlying towns  (in particular Zanzur, Cassabat, Zliten, Zavia) when the attacks became sporadic and widely dispersed, with incendiarism, street assaults and attacks on individual houses by single Arabs or small parties, making it difficult to restore security quickly.

By 8th November the situation was again quiet. Five hundred and seventy-five arrests were made, and trials began on 8th November.

Additional Military Government personnel have been dispatched to Tripolitania; a curfew was imposed.  Sermons denouncing the extremists have been preached in all Tripolitan mosques, and statements to the same effect have been issued by the Secretary-General of the Arab League and El-Sayyed Idris El-Senussi. Arabs have also contributed to a voluntary relief organization for the Jews.

 

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Document No: (3)

 File No: FO371/45396   Document ref: E10034  (PALESTINE &TRANSJORDAN)

Dated: 18th December 1945

PARLIMENTARY QUESTION:

 

Palestine: Law and Order

 Mr.Porter asked the Secretary of State for War whether he is aware that subsequent to the recent massacres in Tripoli, the local Arab Leaders refused to guarantee that order be maintained unless the following demands were met:

  1. a)     Removal of the Palestinian Company attached to the British troops.

  2. b)     Disbandment of the Jewish Boy Scouts' association.

  3. c)      Dismissal of the Jewish members of the police. And what reply has been given to these demands.

Mr.Lawson replied that demands of this nature have not been made and that local Arab leaders have made no such refusal to guarantee law and order.

 

 

 

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Document No: (4)

 File No: FO371/45396,  Document ref: E9368,    Dated: 27th November 1945

 WORLD JEWISH CONGRESS.

EUROPEAN DIVISION

CONGRESS HOUSE,

55 NEW CAVENDISH STREET

LONDON, W.1.

TELEPHONE: WELBECK 1314

27th November 1945

The Rt. Hon. Ernest Bevin, M.P         

Secretary of State for Foreign Affairs,

Foreign Office

11 Downing Street,S.W.l.

 

Sir,

I am directed by the Executive of the World Jewish Congress to refer to the recent anti-Jewish riots in Tripoli, which resulted in a heavy loss of Jewish life and destruction of much property belonging to the Jews.

The World Jewish Congress has received from the Jewish Community of Tripoli a bitter protest against this out break of anti-Jewish violence, hitherto unknown throughout centuries of peaceful and friendly relations between the local Arab and Jewish populations. In complaining of the failure of the military and civil authorities to suppress the outbreak, the Jewish Community State that, notwithstanding their appeal to the authorities for prompt measures of protection, the attacks against the Jews and their property continued for more than 48 hours.

The reports reaching the World Jewish Congress state also that Arab elements hostile to the Jews and associated with the former Nazi and Fascist regimes, have recently found their way into Tripoli and other North African countries, and the disturbances which have resulted in heavy loss of Jewish life and property have been instigated by and carried out under their direction.

I am directed by the Executive of the World Jewish Congress to express the earnest hope and to request that His Majesty's Government will institute an immediate inquiry into the circumstances of the anti-Jewish outbreak in Tripoli in order that the responsibility for these outbreaks may be determined, and that measures may be taken to prevent their recurrence. It is requested in particular that those found responsible for provoking and carrying out the attacks against Jews should be punished severely, that measures be taken to suppress subversive and anti-Jewish activities, that instructions be issued to the British military authorities to secure the fullest protection of the Jewish community, and that full compensation and restitution be exacted and made in respect of the loss of Jewish life and property.

A letter in similar terms to the foregoing has been addressed to the Secretary of State for War.

I am, Sir,

Yours faithfully,

A. L. Easterman

Political Secretary.

 

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Document No: (5)

File No: FO371/45396,  Document ref: E9368/119/31,    Dated: 3rd January 1946

 

 

 

WORLD JEWISH CONGRESS.

EUROPEAN DIVS1ON

CONGRESS HOUSE,

55, NEW CAVENDISH STREET, LONDON, W.1.

TELEPHONE: WELBECK 1314

 

ALE/AL/203

3rd January 1946.

 The Rt. Hon. Ernest Bevin, M.P.,

Secretary of State for Foreign Affairs,

Foreign Office,

S.W.l

 

Sir,

       I am directed to refer to my letter of November 27th last on the subject of the recent anti-Jewish riots in Tripoli, and to express the hope that an early reply may be received.

The World Jewish Congress has received a cable from the Jewish Community in Tripoli stating that "the conditions of our community are desperate." and complaining that no investigation has been made into the recent disturbances, which resulted in heavy loss of Jewish life and property.

I am requested to enquire whether the proposals made in the letter of November 27th have met with the approval of His Majesty's Government, and whether any action in relation to them has been taken or is contemplated.

I remain,

Yours faithfully,

 

A. L.Easterman

Political Secretary

 

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Document No: (6)

File No: FO371/45396

 

A draft of the War Office’s reply to