Another Death in Benghazi

On June 25, lawyer and human rights activist Salwa Bughaigis was murdered in her home in Benghazi, Libya. Her death is a tragedy for her family and her country, but it also hits home for me for a few reasons.

Salwa Bughaigis
Salwa Bughaigis

Ms. Bughaigis is being remembered for her service on the National Transition Counsel (she resigned because male leaders marginalized the few women on the Counsel), her work for democracy and women’s rights, and her early opposition to the Qaddafi regime. Less well known outside of Libya is her work on behalf of political prisoners (at a time when Qaddafi was hanging dissidents in the street) and her efforts–ultimately unsuccessful–to organize a Libyan national lawyers’ association. At the time of her death, she was trying to help reconcile Libya’s disparate factions and help the country transition to democracy.

Due to death threats in the months leading up to her death, Ms. Bughaigis had sent her children to live abroad and she and her husband had been spending most of their time outside of Libya. She returned with her husband to vote in the election and was murdered shortly after she voted. Her husband Essam al-Ghariani was apparently kidnapped at the same time, and he is still missing.

There are a few reasons that Ms. Bughaigis’s death resonates with me.

One reason is that it reminds me how good we’ve got it here. There is obviously a big difference between being a human rights’ lawyer in post-Qaddafi Libya and an asylum lawyer in the U.S., and though my clients and the people I interact with in government often drive me crazy, no one is trying to kill me. While there are certainly problems with the U.S. asylum system (especially these days), in many ways it is actually quite good, so I am generally working within the system, not trying to create a new system, as was Ms. Bughaigis. In short, I’ve had it a lot easier than Ms. Bughaigis, and her death reminds me that I should appreciate what we have in the United States–a relatively functional system that aspires to justice and that is designed to protect vulnerable people from harm. 

Ms. Bughaigis herself is similar to some of my clients. In fact, almost at the same time that Jihadist militants broke into Ms. Bughaigis’s home to kill her, I was sitting in an asylum office with my client, a woman attorney from Afghanistan who fears harm because of her work representing female victims of domestic abuse, forced marriage, and honor crimes. Other clients have included women who organized and operated girls’ schools and NGOs in Afghanistan, a female judge from Ethiopia, and women’s rights activists from the Democratic Republic of Congo, Eritrea, and Iran. Like Ms. Bughaigis, these women put themselves at risk to improve conditions for women and girls in their countries. I am thankful that our asylum system recognizes and protects such people.

Also, Ms. Bughaigis’s example demonstrates why asylum seekers should not always be penalized for returning to their home countries. Currently, if an asylee returns to her country, she can lose her asylum status in the U.S. After the Boston Marathon bombing, many politicians called for even greater restrictions on asylees returning to their home countries (because the accused bombers–who had asylum status in the United States–returned to their country before the bombing). The fact is, many people who are working for change in dangerous countries need asylum, but they also need to return sometimes to continue their political missions. Ms. Bughaigis’s case is axiomatic: She and her family left Libya due to death threats, but she returned to encourage others to participate in an election. The fact that she was brave enough and devoted enough to return does not negate the fact that she needed a safe haven outside of Libya.

Finally–and here I must admit to speculating–I can’t help but think that if Ms. Bughaigis had a chance to do it over again, she would do it the same way. She obviously believed so strongly in the future of Libya that she was willing to risk everything. She dreamed a beautiful dream, and she died in pursuit of that dream. This seems to me the definition of a life well lived. May she rest in peace.

Political Asylum for Libyan Students in the US?

More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried.  To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC.  The Libyan Ambassador (predictably) denied any such threats.

Anti-Khadafy protestors tell it like it is.

Some of the students are politically active.  For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon).  In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya.  And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.

Given the current situation, can Libyans in the U.S. successfully claim political asylum? 

As usual in immigration law, the answer is a definite maybe.  For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum.  If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya.  There is no doubt that Mr. Khadafy’s regime tortures and murders political opponents.  Further, given the Libyan Embassy’s attempt to rally Libyans in the U.S. to Mr. Khadafy’s defense, it is very likely that the Libyan government is aware of the students’ political opinions.  

For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult.  Generalized strife in a person’s home country–in and of itself–is usually not sufficient to qualify for asylum.  Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.

Finally, the situation in Libya is very fluid.  Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not.  As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.