A Memo by the Palestinian-Lebanese Coalition of the Right to Work Campaign for Palestinian refugee in Lebanon

On the Law adopted by Lebanese Parliamentary on Palestinian rights (in 17 th August, 2010)

A partial and formal law that doesn't secure the minimum human rights, especially right to work, for the Palestinian refugees in Lebanon, while keeping the overwhelming deprivation conditions

More than sixty two years of waiting for a solution, the Lebanese Parliamentary debates in regards to adopting the projects of the laws were less than the Palestinian refugees' people expectations who were following up the Parliamentary session with the hope that there will be a transmission in the Palestinian-Lebanese relations based on solidarity, cooperation and according to the Human Rights Convention.

What was published and disseminated by the audio-visual mass media on the discussion and adoption of the law of "Civil and Social Rights" or "Palestinian Refugees Rights" shows the following:

1- The debate and the project of the law adopted by the Lebanese Parliament on the 17 th of August was not comprehensive and didn't include all social and human rights of Palestinian refugees in Lebanon. Besides, it was not comprehensive discussion and proposal for right to work. On the contrary, the adopted bill focused on the modification of only one clause of the Lebanese Labor Law (clause no. 59) and on one clause of the Social Security Law (clause no. 9).

2- The published modification on the clause 59 of the Lebanese Labor Law, and as modified by the Committee of Administration and Justice, includes the following: "foreign employees have the same rights as Lebanese wagers upon being discharged from their work based on the conditions of reciprocity relations, and thus have to issue a work permit from the Ministry of Labor. Palestinian refugees who are officially registered based on the Interior Ministry and Syndicates records- Refugees and Political Directorate Affairs- are excluded, and do not follow the official procedures of reciprocity relations and fees for the work permit issued by the Labor Law".

This modification on this clause gives Palestinian refugees the right of practicing some jobs while excluding high level of professions especially those related to syndicates such as; engineer, doctor, lawyer, etc. The bill kept the same conditions of issuing a work permit for Palestinians for practicing the jobs but canceling the fees of it. To a certain extent, this is similar to the two memos issued by Labor Ministers; Trad Hmadeh (memo no. 1/67 in 2005) and Botros Harb (memo no. 1/10 in 2010), with the exception of the work permit fees, which did not solve the problem of the Palestinian refugees work in Lebanon. The figures of the Ministry of Labor showed a decrease in the number of new or renewed work permits for Palestinians in Lebanon during the last three years from 2007-2009. One year and a half of issuing Tarad Hmadeh memo, in 2007, a total of 105 work permits were issued for Palestinians (102 renewed and 3 new permits), while in 2008 the number decreased to 79 permits (78 renewed and 1 new permit). In 2009 more decrease in the number of issued permits was recorded and the number reached to 66 working permits only (all were renewed work permits). Consequently, these figures showed that the law adopted by the Lebanese Parliament did not and will not solve the employment problem of the Palestinian refugees in both private sector and professional free-trade registered in syndicates. Its to be noted also that the Palestinian non-IDs were excluded from the law of the right to work despite of its limitations.

3- On the one hand, the main constraint that was and will face the Palestinian workers is not the fees of the work permit, but the procedures of the permit itself and finding an employer to facilitate issuing the permit. On the other hand, getting work permit for a Palestinian daily laborer working without need an employer –self employed- such as taxi drive, will be subjected to "administrative procedures and measures to facilitate issuing the permit". This will be also subjected to the presence or absence of sympathy and cooperation with the Palestinians from the entitled employee at the Labor Ministry, which may hinder issuing the work permit.

4- Practically, the bill that adopted by the Lebanese Parliament means; the continuation of restrictions on the Palestinian workers in the private sector with the exception of the professionals, especially those related to syndicates. It also means; keeping the work permit and same administrative procedures for Palestinian workers and wagers although with no financial fees which will not improve their social and economical conditions and life.

5- As for modifying the clause no. 9 of the Social Security Law, especially in the third paragraph of it with an addition of new sixth item stating: "the working Palestinian refugee is in specific subjected to the Labor Law provisions in regards to work retirement compensation and work emergency". The submitted modification did not give the responsibility of Palestinians work retirement compensation to the Law of Social Security, but it kept it within the framework of the Labor Law, which means giving this responsibility to the employer to pay the work retirement compensation, although the legal Palestinian employee pays for the social security without benefiting from its services. Thus, the formula that was adopted and as uttered by the Labor Minister Botros Harb in the Parliamentary session "the Palestinian laborer will be exempted from the reciprocity law as stated in the Labor and Social Security laws, and benefit from the services of work retirement compensation services with the same conditions applied on the Lebanese employee. The Social Security Fund Administration should initiate a new independent account for the contributions related to the Palestinian refugee employees, on the condition that the Social Security Fund or the treasury does not have any financial responsibility or duty towards this fund"; which means keeping the situation as it was with no benefit for the Palestinian employees from the Social Security Fund".

The Right to Work Campaign Coalition will continue its advocacy work on the right to work for the Palestinian refugees in Lebanon until getting a comprehensive and just reality in implementing the Human Rights Convention from the perspective of excluding Palestinians from the reciprocity principle in the labor laws, social security, free-trade unions and canceling the work permit.