Country Reports on
Human Rights Practices - 2006
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007
The July-August conflict involving
Despite the cessation in hostilities and the deployment of Lebanon Armed Forces
(LAF) and United Nations Interim Forces in Lebanon (UNIFIL) in the south, Hizballah retained significant influence over parts of the
country, and Palestinian militias retained control of refugee camps, beyond the
reach of state authorities. UN Security Council (UNSC) resolutions 1559, 1614,
and 1701 call upon the government to take effective control of all Lebanese
territory and disarm militia groups operating in Lebanese territory. Due to
several factors, including internal political differences and lack of capacity
on the part of its security forces, the government has not taken the necessary
steps to disarm extralegal armed groups, including Hizballah.
There were limitations on the right of citizens to peacefully change their government. In a climate of impunity, there were instances of arbitrary or unlawful deprivation of life, torture, and other abuse. Security forces arbitrarily arrested and detained individuals, while poor prison conditions, lengthy pretrial detention and long delays in trials remained serious problems. The government violated citizens' privacy rights in an atmosphere of government corruption and lack of transparency. There were some restrictions on freedoms of speech and press, including intimidation of journalists. There were limitations on freedom of movement for unregistered refugees, while widespread, systematic discrimination against Palestinian refugees continued. Domestic violence and societal discrimination againstwomen continued. Violence against children and child labor were also problems.
During the yearbefore the conflict broke out, the government took significant steps to increase freedom of assembly and association at mass demonstrations and by facilitating the formation of new political associations and parties. The government also took concrete measures to prevent unauthorized eavesdropping on private citizens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person,
Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
Excluding the period of conflict between Hizballah
and
On July 12, Hizballah killed three
and abducted two Israeli Defense Force (IDF) soldiers during a cross-border
attack from southern
During the year the UN International Independent Investigation Commission (UNIIIC), established under UNSC resolution 1595, continued its investigation into the February 2005 assassination of former Prime Minister Rafiq Hariri. While preliminary reports over the last year have pointed to possible linkages to Syrian intelligence services, no firm conclusion was reached by year's end.
The following deaths by car bombings were reported during
the year: On May 26, Islamic Jihad member Mahmoud Majzoub and his brother were killed in
On September 5, two roadside bombs exploded in Rmeileh injuring Internal Security Forces (ISF) Lieutenant
Colonel Samir Shehade and
killing four of his bodyguards. Shehade was deputy
head of the information department in the ISF; Shehade
handled many sensitive cases including the investigation into the late Prime
Minister Hariri's assassination. The explosion came on the eve of the arrival
of UN Undersecretary for Legal Affairs Michel to
On November 21, a team of gunmen killed industry minister and prominent
anti-Syrian Christian politician Pierre Gemayel while
driving his car in a northern suburb of
Investigation into 2005 bombings continued, but there were no further developments in the following cases: The June 2005 killings of Samir Kassir, a prominent anti-Syrian journalist, and George Hawi, former head of the Lebanese Communist Party, who were killed in Beirut when bombs placed under their cars exploded; the July 2005 car bomb which blasted the motorcade of Lebanon's defense minister and incoming Deputy Prime Minister, Elias Murr, injuring him and killing one person; the September 2005 explosive planted under the car of proreform journalist May Chidiac which seriously injured her; and the December 2005 car bomb that killed the popular prodemocracy journalist and politician Gibran Tueni, along with a bodyguard and a bystander.
There were no developments in the 2004 car bombing that
killed Hizballah member Ghalib
Awwali in the southern suburbs of
During the year violent cross-border attacks by Hizballah,
Palestinian, and other unidentified armed elements against the IDF continued.
Before the July-August conflict, the country's landmine and unexploded
ordinance (UXO) problem was estimated by the National Demining
Office (NDO) at more than 550,000 landmines and UXO throughout the country.
During the portion of the year prior to the conflict there were seven deaths
attributable to landmines, and after the conflict an
additional 19. Eight of those killed were deminers.
After the conflict an additional 800 cluster bomb strike locations had been
identified in the south. The United Nations Mine Action Coordination Center in
Southern Lebanon estimated in November that 40 percent of Israeli cluster
munitions fired during the conflict failed to explode, leaving an estimated
560,000 to 1.1 million unexploded submunitions in
southern Lebanon. According to UN figures, between August 14 and December 19,
18 Lebanese civilians were killed and 145 were wounded by unexploded submunitions.
After further investigation, the potential mass grave
discovered in December 2005 at the site of a former Syrian Intelligence
headquarters in the town of
b. Disappearance
There were no reports of politically motivated disappearances caused by government forces.
On July 12, Hizballah kidnapped two Israeli soldiers on Israeli territory. Hizballah had yet to allow access or communications with the two soldiers at years end.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law does not specifically prohibit torture, and security
forces abused detainees and in some instances used torture. Human rights
groups, including Amnesty International (AI) and Human Rights Watch (HRW),
reported that torture was a common practice.
The government acknowledged that violent abuse of detainees usually occurred
during preliminary investigations conducted at police stations or military
installations, in which suspects were interrogated without an attorney. Such
abuse occurred despite national laws that prevent judges from accepting confessions
extracted under duress. For example, on February 5, according to international
human rights organizations, authorities arrested 42 Syrian nationals in the
wake of violent protests outside the Danish Embassy in
In its October 2005 report, the UNIIIC investigation of the assassination of
former Prime Minister Rafiq Hariri noted that some
unidentified security personnel had abused witnesses in the aftermath of
Hariri's assassination.
Abuses also occurred in areas outside the government's control, including in
Palestinian refugee camps. During the year, there were reports that members of
the various groups that controlled specific camps detained their Palestinian
rivals (see section 1.d.). Rival groups, such as Fatah
and Asbat al-Nur, regularly
clashed over territorial control in the various camps, sometimes leading to
exchanges of gunfire and the detention of rival members.
Prison and
Prison conditions were poor and did not meet minimum
international standards. Prisons were overcrowded, and sanitary conditions in
the women's prison, in particular, were very poor. There were no serious
threats to health, but indirect threats were noted, such as physical and mental
stress; the latter were especially noteworthy in Yarze
prison, southeast of
During the year there were no reports of men and women being
held together in the same prison facility. While there were no government
reports on juveniles being held in the same prison facilities as adults during
the year, it could not be confirmed that the situation did not occasionally
happen due to limited prison facilities.
Although there was some effort to keep pretrial detainees separate from
convicted prisoners, overcrowding often prevented such separation. Unlike in
the previous year there were no reports of political detainees or prisoners
held in regular prisons.
The police institution in charge of border posts and internal security, the Surete Generale (SG), operated a
detention facility for detainees pending deportation. Detention was supposed to
be for one to two months, pending the regularization of their status. However,
some persons, primarily asylum seekers, were detained for more than a year and
eventually deported.
The government permitted independent monitoring of prison conditions by local and international human rights groups and the International Committee of the Red Cross (ICRC). However, due to the July-August conflict, many human rights groups focused their priorities on providing humanitarian assistance rather than monitoring prison conditions.
d. Arbitrary Arrest or Detention
Although the law requires judicial warrants before arrests, except in immediate pursuit situations, the government arbitrarily arrested and detained persons.
Role of the Police and Security Apparatus
The security forces consist of the LAF under the Ministry of
Defense, which may arrest and detain suspects on national security grounds; ISF
under the Ministry of the Interior (MOI), which enforces laws, conducts
searches and arrests, and refers cases to the judiciary; the State Security
Apparatus, which reports to the prime minister; and the SG under the MOI. Both of the latter two collect information on groups deemed a
possible threat to state security.
Laws against bribery and extortion by government security officials and
agencies also apply to the police force. In practice, however, due to a lack of
strong enforcement, their effectiveness was limited. The government
acknowledged the need to reform law enforcement, but security issues and lack
of political stability hampered these efforts. The ISF maintained a hotline for
complaints.
Arrest and Detention
Military intelligence personnel made arrests without
warrants in cases involving military personnel and those involving espionage,
treason, weapons possession, and draft evasion (see section 1.e.). The 2004
report by the Parliamentary Commission for Human Rights estimated that of the
over 5,000 persons being held in prison, one third had not been convicted of
crime.
The law provides the right to a lawyer, to a medical examination, and referral
to a prosecutor within 48 hours of arrest. If a detainee is held more than 48
hours without formal charges, the arrest is considered arbitrary and the
detainee must be released. In such cases officials responsible for the
prolonged arrest may be prosecuted on charges of depriving personal freedom. A
suspect caught in hot pursuit must be referred to an examining judge, who
decides whether to issue an indictment or order the release of the suspect.
Bail is available in all cases regardless of the charges. Many provisions of
the code were not observed in practice.
While there was no state-funded public defender's office,
the bar association operated an office for those who could not afford a lawyer,
and a lawyer was often provided for indigent defendants.
Security forces continued the practice of arbitrary arrest and detention.
There were no new developments in the 2005 arrest of four security chiefs. In
August 2005 authorities arrested four Lebanese security chiefs with the rank of
general after the UNIIIC declared them suspects in the assassination of former
Prime Minister Rafiq al-Hariri. In AprilPresident Lahoud called for
their release unless they are formally charged with involvement in the
assassination in a timely manner. The suspects remained imprisoned at year's
end.
Protesters were also arbitrarily detained and arrested. On February 5 and 6,
according to an international human rights organization, authorities arrested
and detained more than 400 individuals in the wake of violent protests outside
the Danish Embassy in
Since the withdrawal of Syrian forces in April 2005, there appeared to be no
indication that the government detained, interrogated, or harassed journalists
(see section 2.a.).
Palestinian refugees were subject to arrest, detention, and harassment by state
security forces and rival Palestinian factions (see section 2.d.).
Unlike in previous years there were no allegations that the government transferred
citizens to
e. Denial of Fair Public Trial
While the constitution provides for an independent
judiciary, in practice the judiciary was subject to political pressure,
particularly in the appointments of key prosecutors and investigating
magistrates. With the support of the UNIIIC, however, the judiciary began
judicial proceedings against once-powerful security and intelligence chiefs who
had cooperated with
The judicial system consists of a Constitutional Council to determine the
constitutionality of newly adopted laws upon the request of 10 members of
parliament; the regular civilian courts; the
The Judicial Council is a permanent tribunal of five senior judges that
adjudicates threats to national security. Upon the recommendation of the
minister of justice, the cabinet decides whether to try a case before this
tribunal. In 2005 the cabinet referred several high-profile cases to this
tribunal, including the 2005 assassination of former Prime Minister Rafiq al-Hariri and the 2004 attempt on the life of then
telecommunications minister Marwan Hamadeh. Verdicts from this tribunal may not be appealed.
The Ministry of Justice appoints all other judges, taking into account the sectarian affiliation of the prospective judge. A shortage of qualified judges impeded efforts to adjudicate cases backlogged during the years of internal conflict. Trial delays were aggravated by the government's inability to conduct investigations in areas outside of its control, specifically in the Hizballah-controlled areas in the south and in the 12 Palestinian-controlled refugee camps throughout the country.
Trial Procedures
There is no trial by jury; trials were generally public, but judges had the discretion to order a closed court session. Defendants have the right to be present at trial and the right of timely consultation with an attorney. Defendants have the right to confront or question witnesses against them, but they must do so through the court panel, which decides whether or not to permit the defendant's question. Defendants and their attorneys have access to government-held evidence relevant to their cases and the right of appeal. These rights generally were observed.
Defendants on trial for security cases, which were heard before the Judicial Council, have the same procedural rights as other defendants; however, there was no right to appeal in such cases. Trials for security cases were generally public; however, judges had the discretion to order a closed court session.
The
Unlike in previous years, there were no reports that Hizballah subjected former Southern Lebanese Army soldiers who returned to their villages to harassment.
Palestinian groups in refugee camps operated an autonomous and arbitrary system of justice not under the control of the state. For example, local popular committees in the camps attempted to solve disputes using tribal methods of reconciliation. If the case involved a killing, the committees occasionally used their good offices to hand over the perpetrator to Lebanese authorities for trial.
Political Prisoners and Detainees
During the yearthere were no
reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
While there is an independent judiciary in civil matters, in practice it was
seldom used for bringing civil lawsuits for seeking damages for human rights
violations committed by the government. During the year there were no examples
of a civil court awarding an individual compensation for human rights
violations committed against them by the government.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
While the law prohibits such actions, authorities frequently interfered with the privacy of persons regarded as enemies of the government. The law requires that prosecutors obtain warrants before entering homes, except when the security forces are in close pursuit of armed attackers; these rights were generally observed.
The Army Intelligence Service monitored the movements and activities of members of opposition groups (see section 2.b.). Despite a law regulating eavesdropping, security services continued to eavesdrop without prior authorization.
Militias and non-Lebanese forces operating outside the area of central government authority frequently violated citizens' privacy rights. Various factions also used informer networks and monitoring of telephones to obtain information regarding their perceived adversaries.
The Siniora government took steps to roll back the violation of privacy rights. In September 2005 the government passed two implementation decrees. The first decree called for creating an independent judicial committee chaired by the chairman of the Judicial Council. This committee would receive complaints from parties who believed that their phones were tapped. The committee would also give permission for security services to monitor the telephones of criminals. The committee members were appointed by the Siniora government in December 2005 but did not start their duties by year's end.
The second decree concerned the operations of security
intelligence and called for the creation of a centralized unit that would have
supervision over tapping phones related to military personnel only. The
committee would report to the minister of interior and the prime minister. The
ministry would review the procedure regularly and eventually bring all phone tapping into this centralized unit. This centralized
unit had not been put into effect by year's end.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and
the government generally respected these rights in practice. The law limited
materials that can be censored to pornography, political opinion, and religion
when they are a threat to national security. Since the 2005 withdrawal of
Syrian forces from the country, journalists operated in a more free media
environment. However, due to the tense political atmosphere and a weak
judiciary, journalists continued to exercise self-censorship, although to a far
lesser degree than in previous years. The 2005 killings of prominent
journalists and the failure to apprehend those responsible created a climate of
intimidation. There were no reported killings of journalists during the year.
The government arrested observers who expressed their criticism of the judicial
system. For example, on April 13, an international human rights group reported
on the 2003 detention of human rights lawyer Mohammad Mugraby,
charged in 2003 with slandering the "military establishment and its
officers." The charge related to a statement he made to the European
Parliament in Brussels in 2003 in which he criticized the military court system
in Lebanon, including the inadequate legal training of the courts' judges, and
for the torture suffered by suspects tried before military courts to extract
confessions. Mugraby was released in August 2003and
was still awaiting trial at year's end.
The government retained and utilized several legal mechanisms at its disposal
to control freedom of expression. The SG reviews and censorsall
foreign newspapers, magazines, and books before they enter the country. The SG
must also approve all plays and films. The law prohibits attacks on the dignity
of the head of state or foreign leaders. The government may prosecute offending
journalists and publications in the
Dozens of newspapers and hundreds of periodicals were published throughout the
country and were financed by and reflected the views of various local,
sectarian, and foreign interest groups.
On February 28, according to the Committee to Protect Journalists (CPJ),
On June 1, the Lebanese Broadcasting Corporation (LBCI) broadcast an episode of
weekly political satire Basmat Wattan
that ridiculed Hizballah Secretary General Hassan Nasrallah. The program prompted violent demonstrations in
In October the minister of justice filed a complaint in the
Judicial cases launched in previous years against journalists were not pursued
during the year. Investigations into the killings of Samir
Kassir in June 2005 and Gibran Tueni
in December 2005, and into the attack on May Chidiac
in September 2005 continued at years end. There were no developments in the
June 2005 case against Al-Mustaqbal reporter
and Future TV anchor Zahi Wehbe.
Likewise, the 2003 defamation case against Ad-Diyar
newspaper's editor in chief Charles Ayoub for
defaming President Lahoud was pending at year's end.
Films that offended religious or social sensitivities are often blacklisted. In
May the SG prohibited the film "The Da Vinci
Code" from being shown in the country because of religious sensitivities.
Also in May the SG obliged Lebanese playwright Lina Khoury to make numerous revisions to her adaptation of the
play "Hakeh Niswan"
("Women's Talk") inspired by the "Vagina Monologues" before
it could be performed in
Throughout the year the film "Naked Gun" was prohibited from being shown on Lebanese television because it included a brief scene mocking Ayatollah Khomeini. There were seven television stations and 33 radio stations. The government owned one television and one radio station; the remaining stations were owned privately. Inexpensive satellite television was widely available.
Internet Freedom
There were no government restrictions on access to the
Internet or reports that the government monitored e-mail or Internet chatrooms, and the government promoted Internet usage.
Individuals and groups could engage in the peaceful expression of views via the
Internet, including by electronic mail and internet discussion groups, such as Naharnet. However, Internet usage and access was reportedly
restricted by Hizballah in areas that it controlled
in southern
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The law provides for freedom of assembly; however, the government sometimes
restricted this right. The prior approval of rallies by the MOI was required,
and groups opposing government positions sometimes were not granted permits.
Demonstrations occurred during the year without government approval, and there
were instances where military personnel used force to disperse the protesters.
On February 5, in response to the September 2005 publication in a Danish
newspaper of a series of cartoons that caricatured the Prophet Muhammed, thousands of demonstrators rallied outside
Beginning on December 1 and continuing to the end of the year, a few thousand
demonstrators, composed of Shiites loyal to Hizballah
and to the allied Amal movement, and Christian
supporters of Michel Aoun, maintained a
"sit-in" punctuated by a few larger rallies in central Beirut outside
the government office of Prime Minister Fouad Siniora, calling for the resignation of his government.
Army and police forces closed off the prime minister's office and other key
buildings with a police cordon, physical obstacles, and security force
vehicles. Isolated violence between Sunnis and Shi'a
occurred during the period of the demonstration; one incident resulted in the
death of protester Ahmad Mahmoud on December 3. The
opposition called for the protests in an attempt to force the government to
resign or expand the number of cabinet seats belonging to Amal,
Hizballah, and Michel Aoun's
Free Patriotic Movement to a one-third-plus-one minority, sufficient to block
legislation or force the cabinet's dissolution.
Coinciding with the protests, a number of progovernment
rallies were held in several areas around the country. For example, on December
10, according to the press, hundreds of thousands of peaceful demonstrators
rallied in
Freedom of Association
The law provides for freedom of association, and the government did not
interfere with most organizations; however, it imposed limits on this right.
The law requires every new organization to submit a notification of formation
to the MOI, which issues a receipt. In addition to what is provided by law, the
MOI imposed on organizations further restrictions and requirements that were
not enforced consistently. The ministry in some cases sent notification of
formation papers to the security forces, which then conducted inquiries
regarding an organization's founding members. The ministry may use the results
in deciding whether to approve the group. The ministry at times withheld the
receipt, essentially transforming a notification procedure into an approval
process.
In August 2005 the government changed the policy such that the formation of any
association no longer required licensing. According to civil rights organizations,
the time needed for registration had in some cases dropped to as little as 10
working days.
Organizations must invite MOI representatives to any general assembly where
votes are held for by-law amendments or elections are held for positions on the
board of directors. The ministry also required every association to obtain its
approval for any change in by-laws; failure to do so could result in the
dissolution of the association.
The cabinet must license all political parties. The government scrutinized
requests to establish political movements or parties and to some extent
monitored their activities. The Army Intelligence Service monitored the
movements and activities of members of some opposition groups (see section
1.f.).
Under popular pressure, following the April 2005 withdrawal of Syrian military
and security forces, the government ceased to monitor groups critical of Syrian
policies, and the government stopped harassing members of such groups.
c. Freedom of Religion
The constitution provides for absolute freedom of belief and
guarantees the freedom to practice all religious rites provided that the public
order is not disturbed. The constitution declares equality of rights and duties
for all citizens without discrimination or preference but stipulates a balance
of power distributed among the major religious groups. The government generally
respected these rights; however, there were some restrictions. The law does not
provide for freedom to have no religion. The government subsidized all
religions and appointed and paid the salaries of Muslim and Druze judges.
Although there is no state religion, politics were based on the principle of
religious representation, which has been applied to nearly every aspect of
public life.
A group seeking official recognition must submit its principles for government
review to ensure that such principles did not contradict "popular
values" and the constitution. The group must ensure the number of its
adherents is sufficient to maintain its continuity.
Alternatively, religious groups may apply for recognition through existing
religious groups. Official recognition conveys certain benefits, such as
tax-exempt status and the right to apply the recognized religion's codes to
personal status matters. Each recognized religious group has its own courts for
family law matters, such as marriage, divorce, child custody, and inheritance
(see section 1.e.). State recognition is not a legal requirement for religious
worship or practice. For example, although Baha'i, Buddhists, Hindus, and some
protestant Christian groups were not recognized officially, they were allowed
to practice their faith without government interference; however, their
marriages, divorces, and inheritances in the country were not recognized under
the law.
Protestant evangelical churches are required to register with the Evangelical
Synod, which represents those churches to the government. Representatives of
some churches complained that the Synod has refused to accept new members since
1975, thereby preventing their clergy from ministering to adherents in
accordance with their beliefs. The last group registered was the Coptic Church
in 1997. The
The unwritten "National Pact" of 1943 stipulates that the president,
the prime minister, and the speaker of parliament be a Maronite
Christian, a Sunni Muslim, and a Shi'a Muslim,
respectively. The 1989 Taif Accord, which ended the
country's 15-year civil war, reaffirmed this arrangement, but also codified
increased Muslim representation in parliament and reduced the power of the Maronite president. The LAF, through universal conscription
and an emphasis on professionalism, significantly reduced the role of confessionalism (or religious sectarianism) in the armed
forces.
The government required that religious affiliation be indicated on civil status
registry and on national identity cards, but not on passports.
Many family and personal status laws discriminated against women. For example, Sunni inheritance law provides a son twice the inheritance of a daughter. Although Muslim men may divorce easily, Muslim women may do so only with the concurrence of their husbands. The law provides that only religious authorities may perform marriages; however, civil marriage ceremonies performed outside the country were recognized by the government.
There were no legal barriers to proselytizing; however, traditional attitudes and edicts of the clerical establishment strongly discouraged such activity. Religious authorities appointed the clerical establishments to which they are affiliated.
Although the law stipulates that any one who "blasphemes God publicly" may face imprisonment for up to one year, no prosecutions were reported under this law during the year.
Societal Abuses and Discrimination
Sectarian rhetoric increased in intensity during the year.
Lebanese media outlets regularly directed strong rhetoric against
In addition the pan Arab satellite station, New TV, aired several anti-Semitic
programs and interviews, including an interview on June 21 with a known
Holocaust denier whose interview was introduced by the narrator with never has
there been an issue subject to as many contradictions, lies, and exaggerations
regarding the number of victims as the issue of the Jewish Holocaust.
Writing a new curriculum for the public schools was one of the requirements
included in the Taif Accord of 1989. The new
curriculum, which began to be implemented in 2004, included antibias
and tolerance education. There is no specific reference to or designation of
crimes as hate crimes in legislation.
For a more detailed discussion, see the 2006 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law provides for these rights, and the government generally respected them
with some limitations. The law prohibits direct travel to
The government maintained security checkpoints, primarily in
military and other restricted areas. There were few police checkpoints on main
roads or in populated areas. The security services used checkpoints to conduct warrantless searches for smuggled goods, weapons,
narcotics, and subversive literature.
On several occasions, Hizballah operatives interfered
with the freedom of movement of UNIFIL personnel. According to the UN secretary
general's 2004 report, no action had been taken against the 15 Hizballah operatives who injured three UNIFIL observers in
2002, despite government assurances that the perpetrators would be arrested and
brought to trial.
The law prohibits forced exile and it was not used.
Internally Displaced Persons (IDPs)
Following the August 14 cease-fire between
The government continued to encourage the return of IDPs
displaced during the 1975-90 civil war to reclaim
their property and rebuild their homes. During the year there were no
substantiated reports that the government deliberately attacked IDPs or made efforts to obstruct access of international
humanitarian organizations from assisting IDPs in
returning to their residence. Also, there were no reports that the government
forcibly resettled IDP's.
According to international humanitarian organizations, a significant number of
people still remain displaced from the 1975-90 civil war
and as a result of the Israeli invasions and occupation of part of south
Protection of Refugees
The law does not provide for the granting of asylum or
refugee status in accordance with the 1951 UN Convention Relating to the Status
of Refugees and its 1967 protocol, but the government has found mechanisms to
provide assistance. In practice, the government provided some protection
against refoulement, the return of persons to
a country where they feared persecution, and granted refugee status to a
limited number of Sudanese. The government cooperated with the office of the
UNHCR and other humanitarian organizations in assisting refugees and asylum
seekers. The government also provided temporary protection to individuals who
may not qualify as refugees under the 1951 Convention/1967 protocol to
approximately 3,000 persons during the year. In 2003 the SG signed an agreement
with the UNHCR recognizing and granting protection to non-Palestinian refugees,
providing temporary relief for those seeking determination of refugee status.
Those wishing to claim refugee status do so within two months of arriving in
the country. The SG issues residence permits, valid for three months, during
which time UNHCR must make a refugee status determination. The SG extended
residency permits for up to 12 months for those accorded refugee status by
UNHCR. The government granted admission and temporary (six months) refuge to
asylum seekers, but not permanent asylum.
Most refugees were Palestinians. The UN Relief and Works Agency (UNRWA)
reported that the number of Palestinian refugees in the country registered with
the UNRWA was 394,532. This figure, which represented refugees who arrived in
1948 and their descendants, was presumed to include many thousands who resided
outside of the country. During the year there were 223,956 Palestinian refugees
in UNRWAs 12 refugee camps throughout the country.
Credible sources estimated that the actual number in the country was between
250,000 and 300,000. According to SG records, the number of registered
Palestinian refugees was approximately 427,000.
Most Palestinian refugees were unable to obtain citizenship and were subject to
governmental and societal discrimination, particularly in the area of
employment; however, Palestinian women who married Lebanese men could obtain
citizenship (see section 5). According to a credible international human rights
group, Palestinian refugees faced severe restrictions in their access to work
opportunities and diminished protection of their rights at work. Very few
Palestinians received work permits, and those who found work usually were
directed into unskilled occupations. Some Palestinian refugees worked in the
informal sector, particularly in agriculture and construction. Palestinian
incomes continued to decline. The law prohibited Palestinian refugees from
working in 72 professions. However, in June 2005 the minister of labor issued a
memorandum authorizing Palestinian nationals born in the country and duly
registered with the MOI to work in 50 (out of 72) professions banned to
foreigners. However, there were no indications that this memorandum was
implemented consistently.
The law does not explicitly target Palestinian refugees, but
bars those who are not bearers of nationality of a recognized state from owning
property. Palestinians no longer may purchase property, and those who owned
property prior to 2001 are prohibited from passing it on to their children. The
parliament justified these restrictions on the grounds that it was protecting
the right of Palestinian refugees to return to the homes they fled after the
creation of the state of
Most Palestinian refugees lived in overpopulated camps that suffered repeated
heavy damage as a result of fighting during the civil war, during the 1980s
Israeli invasion of the country, during continuing camp feuds, and during the
July-August conflict between
Children of Palestinian refugees faced discrimination in their access to
adequate housing, social security, education, and in their right to be
registered. The government did not provide health services or education to
Palestinian refugees, who relied on UNRWA for these services. Many Palestinian
children reportedly had to leave school at an early age to help earn income.
Other reasons for dropouts were marriage (especially for minor girls),
frustration, and hopelessness. Poverty, drug addiction, prostitution, and crime
reportedly prevailed in the camps, although reliable statistics were not
available.
In 2003 the State Consultative Council invalidated the 1994 naturalization
decree in which several thousand Palestinian nationals were naturalized. As a
result, approximately 4,000 persons, some of which are families including
several siblings, may lose their Lebanese citizenship. The council referred the
issue to the MOI to review the files and decide their legal status. The
ministry continued to review the files, but it had not issued a decision by
years end.
The government issued travel documents to Palestinian refugees to enable them
to travel and work abroad. The government did not issue visitors visas to
Jordanian nationals who were born in the country and were of Palestinian
origin.
In October 2005 according to the government, a new office in
the Ministry of Foreign Affairs was established to address the Palestinian
refugee issue in a more comprehensive and just manner. One of the principal
objectives of this office was to approve and increase the number of
humanitarian projects designed to assist the Palestinian refugee population,
with an emphasis on health and education. This office will seek additional
donor assistance and cooperation from the international community and NGOs.
According to the UNHCR there were 2,541 non-Palestinian refugees, primarily
Iraqis, Somalis, and Sudanese, registered with the UN and residing in the
country. However, this number did not include a substantial number of refugees
from
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
The law provides citizens the right to change their government in periodic,
free, and fair elections; however, lack of control over parts of the country,
defects in the electoral process, and corruption in public office significantly
restricted this right.
Elections and Political Participation
The law provides that elections for the parliament
must be held every four years. In turn the parliament elects the president
every six years. The president and the parliament nominate the prime minister,
who, with the president, chooses the cabinet. According to the unwritten
National Pact of 1943, the president must be a Maronite
Christian, the prime minister a Sunni Muslim, and the speaker of parliament a Shi'a Muslim (see section 2.c.).
During May and June 2005 parliamentary elections were held for the first time
in three decades without Syrian interference. International observers were
invited to monitor these elections and reported fewer incidents of voter fraud
and tampering with ballots than previous elections. According to the European
Union monitoring team, the elections were well managed and took place in a
peaceful manner within the existing framework for elections. The process was
flawed, particularly because the elections were carried out according to the
2000 electoral law, which reflected Syrian government influence.
The last presidential election was conducted in 1998.In 2004 amid evidence of
heavy Syrian manipulation and coercion, parliament voted for a constitutional
amendment extending the term of President Lahoud to
November 2007. Many citizens considered this amendment to violate the
constitution.
Individual citizens and parties can freely declare their candidacy and stand
for election. Parties may organize, seek votes, and publicize their views with
limited government restriction. The political system is based on confessional
lines, and all parliamentary seats are primarily allotted on a sectarian basis.
The smallest recognized confessions are allotted at least one seat in
parliament.
There are four major political parties and numerous smaller ones. The largest
party in the parliamentary majority is the Future Movement, led by Saad Hariri. Its membership is predominantly Sunni, but
Hariri's parliamentary bloc includes a number of members from other sects. The
Progressive Socialist Party, led by Walid Jumblatt, predominantly represented Druze interests and
allied itself with the Future Movement. The Free Patriotic Movement, led by
Michel Aoun, represented a significant portion of the
Christian community. The party's leadership decided to remain outside the
cabinet. Two smaller Christian parties were the Lebanese Forces, led by Samir Ja'ja', and the Phalange
party, led by former president Amin Gemeyal. The largest party representing the Shi'a community was Hizballah,
led by Hassan Nasrallah. A smaller Shi'a party, Amal, was led by
Speaker of Parliament Nabih Berri.
A number of smaller parties existed, or were in the process of forming, but the
larger, sectarian-based parties still maintained the greatest influence in the
country's political system.
There were significant cultural barriers to women's participation in politics.
Prior to October 2005 no woman had held a cabinet position; however, at years
end there was one woman in the cabinet.
Palestinian refugees had no political rights. An estimated 17 Palestinian
factions operated in the country and were generally organized around prominent
individuals. Most Palestinians lived in refugee camps controlled by one or more
factions. Refugee leaders were not elected, but there were popular committees
that met regularly with UNRWA and visitors.
Government Corruption and Transparency
There was a widespread perception of corruption at all levels of government.
During the year the NGO Transparency International's composite index of the
degree to which corruption is perceived to exist among a country's politicians
and public officials indicated a perception that the country had a serious
corruption problem.
There are no laws regarding public access to government documents, either
allowing or denying access. In practice the government did not respond to
requests for documents.
Section 4 Governmental Attitude Regarding International
and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of local and international human rights groups
generally operated freely without overt government restriction, including the
Lebanese Association for Human Rights, the Foundation for Human and
Humanitarian Rights-Lebanon, the National Association for the Rights of the
Disabled, ICRC, and Amnesty International, investigating and publishing their
findings. In the past, some human rights groups reported harassment and
intimidation by the government or Hizballah. During
the year there was no known report of a concerted effort of harassment by the
government of nongovernmental human rights organizations working in the
country.
Government officials generally were cooperative, except when some of these
groups sought to publicize the alleged detention in
The government cooperated with international governmental organizations and
permitted visits by UN representatives and other organizations such as the
ICRC.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for equality among all citizens; however, in practice, some aspects of the law and traditional beliefs discriminated against women. Although the law reserves a percentage of private sector and government jobs to persons with disabilities, there were few accommodations made for them. Discrimination based on race, language, or social status is illegal and was not widespread among citizens; however, foreign domestic servants often were mistreated. Foreign domestic servants sometimes suffered physical abuse, had pay withheld or unfairly reduced, or were forced to remain locked within their employer's home for the duration of their contracts.
Women
The law does not specifically prohibit domestic violence, and domestic violence against women was a problem. There were no authoritative statistics on the extent of spousal abuse; however, most experts noted that it was a problem. Despite a law prohibiting battery with a maximum sentence of three years in prison for those convicted, some religious courts legally may require a battered wife to return to her home in spite of physical abuse. Women were sometimes compelled to remain in abusive marriages because of economic, social, and family pressures.
The government had no separate program to provide medical assistance to battered women; however, it provided legal assistance to victims who could not afford it regardless of their gender. In most cases police ignored complaints submitted by battered or abused women. A local NGO, the Lebanese Council to Resist Violence against Women, worked actively to reduce violence against women by offering counseling, legal aid, and raising awareness about domestic violence.
Foreign domestic servants often were mistreated, abused, and in some cases, raped or placed in slavery-like conditions (see section 5, Trafficking). Asian and African female workers had no practical legal recourse available to them because of their low status, isolation from society, and because labor laws did not protect them (see section 6.e.). Because of such abuse, the government prohibited foreign women from working if they were from countries that did not have diplomatic representation in the country.
The law prohibits rape, and the minimum prison sentence for a person convicted of rape is five years in prison. The minimum sentence for a person convicted of raping a minor is seven years. The law was effectively enforced.
The legal system was discriminatory in its handling of honor crimes. According to the Penal Code, a man who kills his wife or other female relative may receive a reduced sentence if he demonstrates that he committed the crime in response to a socially unacceptable sexual relationship conducted by the victim. For example, while the Penal Code stipulates that murder is punishable by either a life sentence or the death penalty, if a defendant can prove it was an honor crime, the sentence is commuted to one to seven years imprisonment. While several honor crimes were reported in the media, no person was convicted in a case legally considered an honor crime.
Although the law on prostitution requires that brothels be licensed, including regular testing for disease, government policy was not to issue new licenses for brothels in an attempt to gradually eliminate legal prostitution in the country. In practice most prostitution was unlicensed and illegal. The SG reported issuing 3,744 visas in 2005 to mostly eastern European women to work in adult clubs as artistes. Although prostitution is illegal, virtually all of these women engaged in prostitution with the implicit consent of the government. The country was a destination for trafficked persons, primarily women (see section 5, Trafficking).
The law prohibits sexual harassment; however, it was a widespread problem, and the law was not effectively enforced. Social pressure against women pursuing careers was strong in some parts of society. Men sometimes exercised considerable control over female relatives, restricting their activities outside the home or their contact with friends and relatives. Women may own property, but often ceded control of it to male relatives for cultural reasons and because of family pressure.
The law provides for equal pay for equal work for men and women, but in the private sector there was some discrimination regarding the provision of benefits.
Only men may confer citizenship on their spouses and children. Accordingly, children born to citizen mothers and foreign fathers are not eligible for citizenship. Citizen widows may confer citizenship on their minor children.
Children
Education was free in public schools and compulsory until the completion of the elementary level at age 12. However, implementation decrees were not issued. Public schools generally were inadequate, lacking proper facilities, equipment and trained staff. Although private schools were widespread in the country, the cost of private education was a significant problem for the middle and lower classes. In its latest report, the UN Childrens Fund reported that approximately 91 percent of children between the ages of three and five, and approximately 98 percent of children between the ages of six to 11 were enrolled in school. In some families with limited incomes, boys received more education than girls.
Boys and girls had equal access to medical care. The
government provided vaccination and other pediatric health services in
dispensaries operated by the Ministry of Health and the Ministry of Social
Affairs. Access to hospitals was provided to all free of gender discrimination.
Children of poor families often sought employment and took jobs that
jeopardized their safety (see section 6.d.).
Children of Palestinian refugees were limited in their access to government
services (see section 2.d.).
Trafficking in Persons
The law does not specifically prohibit trafficking in persons, and although the government made progress in stemming some forms of trafficking in persons, it remained a problem. The Penal Code stipulates that "any person who deprives another of freedom either by abduction or any other means shall be sentenced to temporary hard labor." The country was a destination for East European and Russian women, contracted as dancers in adult clubs. Most of these women engaged in voluntary illegal prostitution, but some reported facing intimidation or coercion and having their movements restricted while others were at risk as targets of abuse.
The country was also a destination for women from Africa and
If forced prostitution or forced rendering of sexual services occurred as a result of abduction, the Penal Code stipulates that the abductor be sentenced to at least one year in prison; however, this law was applied inconsistently. Many women became illegal workers because their employers did not renew their work and residency permits or because they ran away from their employers' house, therefore becoming subject to detention and deportation. Workers' illegal immigration status was also used by abusive sponsors as a tactic to intimidate employees and coerce them into labor. Unscrupulous employers sometimes falsely accused the employee of theft to relinquish responsibility for the employee as well as the taxes and a return airline ticket (see section 6.e.).
Restrictions of movement and withholding of passports were common practices. A small number of exploited foreign workers won cases against their employers, but nonjudicial action resolved the majority of these cases. As a result of that process, workers frequently were repatriated without further judicial action. A few cases were referred to the judiciary for further action, although the government took minimal steps to prosecute traffickers.
There were no new developments in the investigations of the
2004 deaths of Herra Olandres
and Luella Montenegro, two Filipinas allegedly attempting to flee abusive work
environments when they died.
The Ministry of Labor (MOL) regulates local employment agencies that place
migrant workers with sponsors. During the year the MOL closed 10 employment
agencies for a specified period and warned a number of others for noncompliance
with MOL regulations.
The government's 2004 decision to deny visas to workers from
Unlike in previous years, there were no reports during the year of any attempt
to smuggle persons into the country.
The country made some progress in protecting victims of trafficking. The
government did not provide foreign workers with relief from deportation,
shelter, or access to legal, medical, or psychological services. The SG and
Caritas/International Catholic Migration Commission (ICMC) cooperated to create
a safe house for protection of trafficking victims. Social workers were allowed
to accompany victims during the interviews by immigration authorities. The SG
also granted out-of-visa status for workers who were victims of abuse and
permission to stay up to two months to assist in the investigation of their
cases and the prosecution of their abusers. The SG also implemented screening
and referral procedures for trafficking cases. Social workers from
In 2005the SG began endorsing an alternative for migrant workers who did not wish to be repatriated to their home country to legally change their sponsor. It started allowing migrant workers to change employers, but only if they have a "release paper" from the original employer. A court may order an abusive employer to provide such a release paper as part of a decision, or this may be part of a negotiated out-of-court settlement.
NGOs indicated that the government still did not have a
zero-tolerance policy for physical abuse of domestic workers.
However, according to Caritas/ICMC, in one case, a judge awarded an Ethiopian
migrant worker financial compensation to be paid by her abusive employer. This
decision marked the first time a domestic worker in the country was awarded
compensation for physical abuse.
Two types of booklets explaining regulations governing migrant workers, including descriptions of their rights and responsibilities, were available upon request, or distributed as needed.
Persons with Disabilities
Discrimination against persons with disabilities continued. For example, the Civil Service Board, which is in charge of recruiting government employees, refused to receive applications from disabled persons. The law mandates disabled access to buildings; however, the government failed to take steps to amend building codes to conform to this law. Approximately 100,000 persons were disabled during the civil war. Families generally cared for their own family members with disabilities. Most efforts to assist persons with disabilities were made by approximately 100 private organizations. These organizations were relatively active, although poorly funded.
The law on persons with disabilities stipulates that at least 3 percent of all government and private sector positions should be filled by persons with disabilities, provided that such persons fulfill the qualifications for the position. However, there was no evidence that the law was enforced in practice.
In 2002 the Ministry of Finance informed all firms and companies that it would not settle obligations with them unless they proved that 3 percent of their workforce was composed of persons with disabilities. However, the ministry failed to enforce this decision.
Many persons with mental disabilities were cared for in private institutions, many of which were subsidized by the government.
National/Racial/Ethnic Minorities
There were reports that Syrian workers, usually employed in manual labor
occupations, suffered discrimination following the withdrawal of Syrian forces
in April 2005. Many Syrian laborers also reportedly left
Other Societal Abuses and Discrimination
Discrimination against homosexuals persisted during the year. The law prohibits unnatural sexual intercourse, which is punishable by up to one year in prison. The law was sometimes applied to homosexuals. Citizens sexual preferences reflected societal norms, not legal rulings. There are no discriminatory laws against persons with HIV/AIDS.
Section 6 Worker Rights
a. The Right of Association
The law provides that all workers, except government employees, may establish and join unions, and workers exercised this right in practice. The General Confederation of Labor (GCL) estimated that there were 900,000 workers in the active labor force. Approximately 5 to 7 percent of workers were members of some 450 to 500 labor unions and associations, half of which were believed to be inactive. Most unions belonged to federations. At year's end 43 federations were voting members of the GCL. However, some unionists continued to claim that some of these federations were "virtual," that is, created by political interest groups to offset the votes of the 13 established labor confederations that actually represented workers. The GCL remained the only organization recognized by the government as an interlocutor that represented workers.
Antiunion discrimination by private employers was a common practice. While the government does not have a good mechanism for measuring such practices, it appeared prevalent in many sectors of the economy.
Palestinian refugees may organize their own unions; however, because of restrictions on their right to work, few Palestinians participated actively in trade unions (see section 2.d.).
b. The Right to Organize and Bargain Collectively
The right of workers to organize and to bargain collectively exists in law and practice. Most worker groups engaged in some form of collective bargaining with their employers. Stronger federations obtained significant gains for their members and on occasion assisted nonunion workers. No government mechanisms promoted voluntary labor-management negotiations, and workers had no protection against antiunion discrimination.
The law provides for the right to strike. On May 1, the Communist Party held a Labor Day march to protest the deterioration of living conditions, and on May 10 teachers protested government economic reform policies.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law does not specifically prohibit forced or compulsory labor, including by children; however, articles within the law prohibit behavior that constitutes forced or compulsory labor. Nevertheless, children, foreign domestic workers, and other foreign workers sometimes were forced to remain in situations amounting to coerced or bonded labor (see sections 5 and 6.e.).
d. Prohibition of Child Labor and Minimum Age for
Employment
Child labor was a problem. The minimum age for child employment is 14 years. Under the law juveniles are defined as children between 14 and 18 years of age. The law prohibits the employment of juveniles before they undergo a medical exam to ensure their fitness for the job for which they are hired. The labor code prohibits employment of juveniles under the age of 18 for more than six hours per day, and requires one hour of rest if work is more than four hours. The law entitles them to 21 days of paid annual leave.
Juveniles are prohibited from working between the hours of 7 p.m. and 7 a.m. The law prohibits juveniles under the age of 17 from working in jobs that jeopardize their health, safety, or morals. It also prohibits the employment of juveniles under 16 in industrial jobs or jobs that are physically demanding or harmful to their health. The MOL was responsible for enforcing these requirements; however, it did not enforce the law effectively. In cooperation with the UN Office for Drug Control and Crime Prevention, the government inaugurated the Center for Juvenile Victims of Physical Abuse in 2005. As such, juveniles would no longer be interrogated at police stations but rather at the center, which was equipped according to international norms, in the presence of a social worker.
Children worked in predominantly trade-related jobs. The
percentage of working children between the ages of 10 and 14 was estimated at
1.8 percent. The percentage of working children between the ages of 15 and 18
was 11.3 percent. There were no recent reliable statistics on the number of
child workers.
A 2004 MOL study on working street children provided a snapshot of the
condition and nature of street children in the country. The report showed that
the average street child was a boy (9 percent were girls), foreign (only 15
percent were citizens, the others were most often Palestinian and Syrian), 12
years of age, and poorly educated or illiterate. Street children were
concentrated in large urban centers where approximately 47 percent of them were
forced to work long hours on the streets by adults. The most common types of
work were selling goods, including lottery tickets; shoe polishing; and washing
car windshields. The children earned between $2 and $15 (3,000 to 25,000
pounds) per day. Only 19 percent of the children interviewed said they kept
their income.
e. Acceptable Conditions of Work
The government sets a legal minimum wage; during the year it was approximately $200 (300,000 pounds) per month, but it was not enforced effectively in the private sector. The minimum wage did not provide a decent standard of living for a worker and family. Trade unions attempted to ensure the payment of minimum wages in both the public sector and the large-scale private sector.
The law prescribes a standard 48-hour workweek, with a 24-hour rest period per week. In practice workers in the industrial sector worked an average of 35 hours per week, and workers in other sectors worked an average of 30 hours per week. The law includes specific occupational health and safety regulations. Labor regulations require employers to take adequate precautions for employee safety. The MOL was responsible for enforcing these regulations but did so unevenly. Labor organizers reported that workers did not have the right to remove themselves from hazardous conditions without jeopardizing their continued employment.
Some private sector firms failed to provide employees with family and transport allowances as stipulated under the law and to register them at the National Social Security Fund. Some companies also did not respect occupational health and safety regulations stipulated by the law. Workers are permitted to complain about violations to the GCL, an umbrella organization for trade unions, the MOL and the National Social Security Fund. In most cases, however, they preferred to remain silent fearing arbitrary dismissal.
Foreign domestic workers, mostly of Asian and African origin, were mistreated, abused, raped, or placed in situations of coerced labor or slavery-like conditions (see section 5). Recruitment agencies and employers are required to have signed employment contracts with the foreign worker. According to NGOs assisting migrant workers, however, these agreements were often undermined by second contracts signed in the source countries that stipulated lower salaries. Employers and agencies used these changes to pay the migrant a lower salary. Anecdotal evidence suggested that some employers did not pay their workers on a regular basis, and some withheld the salary until the end of the contract, which was usually two years. Government regulations prohibit employment agencies from withholding foreign workers' passports for any reason. However, in practice it continued to be common for employment agencies and household employers to withhold maids' passports. These measures were used to control the outside activities of the workers, specifically, to keep them from running away.
The law does not protect foreign domestic workers. Domestic workers often worked 18 hours per day and, in many cases did not receive vacations or holidays. There was no minimum wage for domestic workers. Although official contracts stipulate a wage ranging from $100 to $300 (150,000 to 450,000 pounds) per month, depending on the nationality of the worker, the actual salary was much less. Victims of trafficking or abusive labor situations may file civil suits or seek legal action, but most victims, often counseled by their embassies or consulates, settled for an administrative solution, which usually included monetary compensation and repatriation. The government did not release information on legal actions filed, but NGOs indicated that fewer than 10 legal actions were undertaken during the year.
During the year the MOL, which regulates the activities of employment agencies, closed 15 agencies for violations of workers' rights, including physical abuse. Perpetrators of the abuses, however, were not further prosecuted for a number of reasons, including the victims' refusal to press charges or a lack of evidence. The MOL, which also has jurisdiction in cases where the labor contract has been violated, reported adjudicating 57 such cases during the year. An unknown number of other cases of nonpayment of wages were settled through negotiation. According to source country embassies and consulates, many workers did not report violations of their labor contracts until after returning to their countries.