Lebanon
Country Reports on Human Rights
Practices -
2002
Released by the Bureau of
Democracy, Human Rights, and Labor
March 31, 2003
Lebanon is a parliamentary republic, with a
constitution dating from 1926, in which, based on the
unwritten "National Pact of 1943," the President is a Maronite
Christian, the Prime Minister a Sunni Muslim, and the Speaker
of the Chamber of Deputies a Shi'a Muslim. President Emile
Lahoud took office in 1998 after an election by Parliament
that was heavily influenced by Syria. The Parliament consists
of 128 deputies, equally divided between Christian and Muslim
representatives. In parliamentary elections in 2000, incumbent
Prime Minister Salim al-Hoss lost his seat in a contested
election, and former Prime Minister Rafiq Hariri was named
Prime Minister by President Lahoud in October 2000. According
to international observers, the elections were flawed;
however, there reportedly were fewer voting irregularities
than in the 1996 parliamentary elections. Although the
judiciary was independent in principle, in practice, it was
subject to political pressure.
Non-Lebanese military and paramilitary forces retained
significant influence over much of the country. According to
the 1989 Taif Accord, a peace settlement to end the civil war,
the Syrian and Lebanese Governments were to determine the
redeployment of Syrian troops to specified areas of the Biqa'
Valley, with full withdrawal contingent upon subsequent
agreement by both governments. The Syrian Government did not
carry out this partial redeployment and has prevented
implementation of other political reforms stipulated by the
Taif Accord. Strong Syrian influence over local politics and
decision makers made officials unwilling to press for further
progress on fulfilling Taif agreements, including Syrian
withdrawal. Since the Taif Accord was signed, no government
has requested formally the withdrawal of Syrian forces. The
Government's relationship with Syria did not reflect the will
of most of the country's citizens.
In 1991 the Governments of Syria and Lebanon concluded a
security agreement that provided a framework for security
cooperation between their armed forces. Approximately 22,000
Syrian troops were stationed in locations throughout the
country, excluding the south. An undetermined number of Syrian
military intelligence personnel in the country continued to
conduct their activities independently.
Until May 2000, Israel exerted control in or near its
self-proclaimed "security zone" in the south through direct
military action and support for its surrogate, the South
Lebanon Army (SLA). In 2000, after 22 years of occupation,
Israeli Defense Forces (IDF) troops withdrew from the south
and the SLA disbanded. Following the withdrawal, the
Government deployed more than 1,000 police and soldiers to the
former security zone. The Government did not attempt to disarm
Hizballah, a terrorist organization operating in the region.
Palestinian groups operated autonomously in refugee camps
throughout the country. Several armed Palestinian factions
were located in the refugee camps, although their freedom of
movement was restricted significantly. The Government did not
attempt to assert state control over the Palestinian camps;
however, during the year it successfully took into custody
fugitives who had sought refuge in the camps.
During the year, Hizballah, the influence of the Syrian
Government, and Palestinian groups all undermined the
authority of the Government and interfered with the
application of law in those areas not completely under the
Government's control.
The security forces consisted of the Lebanese Armed Forces
(LAF), which may arrest and detain suspects on national
security grounds; the Internal Security Forces (ISF), which
enforced laws, conducted searches and arrests, and referred
cases to the judiciary; and the State Security Apparatus and
the Surete Generale, both of which collected information on
groups deemed a possible threat to state security. The Surete
Generale was responsible for the issuance of passports and
residency permits, the screening and censoring of foreign
periodicals, plays, documentaries, television programs, and
movies, and the censoring of those parts that addressed
national security issues and "morals." The security forces
committed numerous, serious human rights abuses, sometimes
acting independently, and other times on instruction of senior
government officials.
The country of approximately 4 million had a market-based
economy, in which the majority of the private sector was
employed in the service sector and in a small industrial
sector. During the year, there was slow implementation of
economic reforms, unfavorable domestic political developments,
and continuing regional instability that led to nearly
stagnant economic activity. Unemployment was estimated to be
approximately 25 percent.
The Government's overall human rights record remained poor;
although there were some improvements in a few areas, serious
problems remained. The right of citizens to change their
government remained significantly restricted by the lack of
complete government control over parts of the country,
shortcomings in the electoral system, the flawed 2000
elections, and Syrian influence. Members of the security
forces used excessive force and tortured and abused some
detainees. Prison conditions remained poor. Government abuses
also included the arbitrary arrest and detention of persons
who were critical of government policies. Despite a new Code
of Criminal Procedure, enacted in 2001, lengthy pretrial
detention and long delays in trials remained problems. The
courts were subject to political pressure. During the year,
the Government infringed on citizens' privacy rights and
continued surveillance of political activities. The Government
limited press and media freedom.
The Government continued to restrict freedom of assembly
and imposed some limits on freedom of association. There were
some restrictions on freedom of religion. The Government
imposed some limits on freedom of movement. Violence and
discrimination against women, abuse of children,
discrimination against Palestinians, forced labor, including
by children, child labor, and the mistreatment of foreign
domestic servants remained problems.
Palestinian groups in refugee camps maintained a separate,
often arbitrary, system of justice for Palestinians living in
the camps. Palestinians sometimes appealed to the country's
authorities for legal recourse, often through both their
Lebanese and Palestinian agents in the camps. Lebanon was
invited by the Community of Democracies' (CD) Convening Group
to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of the arbitrary or unlawful
deprivation of life committed by the Government or its agents.
On November 21, American citizen missionary Bonnie Witherall
was killed at the Sidon health clinic where she worked. It is
believed that Sunni extremists, possibly operating from the
Ain Al-Hilwah Palestinian refugee camp, were responsible.
However, no group has claimed responsibility for the killing
and the case remained unsolved at year's end (see Section
2.c.).
On January 24, former Lebanese Forces Commander and former
cabinet member Elie Hobeiqa and three of his bodyguards were
killed when a car bomb exploded near Hobeiqa's residence. Five
men were detained by the authorities for questioning but were
later released. On May 21, Jihad Jibril, the son of the
Secretary General of the Popular Front for the Liberation of
Palestine-General Command, was killed when an explosive
detonated inside his car. Two persons were in government
custody in connection with the killings at year's end. Unknown
groups claimed responsibility for the above killings. Also on
May 21, the body of Ramzi Irani, the officer-in-charge of the
banned Lebanese Forces at the Lebanese University was found 14
days after he was discovered missing. No one has claimed
responsibility for his death.
In March State Prosecutor General Adnan Addoum acknowledged
that four persons had died in custody during 2000; a Sudanese
asylum seeker and three SLA detainees died of natural causes.
There were no reported deaths in custody during the year.
The judicial system continued to suffer from a backlog of
hearings into cases of deaths in custody, some as old as 6
years. Such cases sometimes involved individuals connected to
political groups or accused of criminal activity.
Following IDF withdrawal in 2000, violence in and around
the former Israeli controlled security zone decreased
significantly. However, there were a number of violent
cross-border incidents since the withdrawal, involving
Hizballah, Palestinian, and other unidentified armed elements.
No incidents resulted in civilian deaths during the year.
According to the LAF National Demining Office, there were
approximately 400,000 landmines in the former security zone
that had been occupied by Israel. The United Nations Interim
Forces in Lebanon (UNIFIL) statistics on recorded landmines in
the former security zone indicated that 50,644 antipersonnel
mines were located in 108 minefields along the Lebanon-Israel
border. Since the Israeli withdrawal, there have been 35
deaths and 192 injuries due to landmine accidents.
b. Disappearance
There were no reports of politically motivated
disappearances.
Since 1999 the Government has worked to investigate cases
of disappearance during the civil war, concluding in September
2000 that all persons who disappeared at least 4 years before
the end of the civil war were dead. However, in December 2000,
following the release by the Syrian authorities of an
estimated 149 Lebanese detainees from Syrian jails, including
some who had been declared dead, the Government formed a new
committee to reexamine the cases and received about 800
applications from family members.
In 2001 the Israeli Government announced that the Israel
soldiers kidnaped by Hizballah in 2000 were believed to be
dead. During the year, Hizballah continued to maintain the
position that it would release Israeli soldiers in return for
the release of Arab prisoners held by Israel.
In October 2000, Hizballah kidnaped IDF reservist Elhann
Tannenbaum. At year's end, he was still presumed to be
detained.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment
Torture is not banned specifically by the Constitution, and
there continued to be credible reports that security forces
abused detainees and, in some instances, used torture. Human
rights groups reported that torture was a common practice.
Violent abuse usually occurred during preliminary
investigations conducted at police stations or military
installations, in which suspects were interrogated without an
attorney. Such abuse occurred despite laws that prevented
judges from accepting any confession extracted under duress.
Methods of torture reportedly included beatings and
suspension by arms tied behind the back. Unlike in the past,
there were no reported applications of electric shocks to the
genitals.
In 2001, the Justice Minister publicly stated that "torture
in Lebanese prisons is real, and mainly occurs during
preliminary investigations." The Minister also added that the
Government would adopt measures to eliminate the use of
torture. By year's end, no measures had been taken.
The Government initially held incommunicado most of the
3,000 SLA personnel who surrendered to authorities following
the IDF's May 2000 withdrawal; however, it subsequently
allowed lawyers and family members to have access (see Section
1.d.). Some former SLA detainees reported that they were
abused or tortured. Amnesty International (AI) and other human
rights organizations reported that some detainees were beaten,
handcuffed, blindfolded, and forced to lie face down on the
ground.
In 2001 security forces arrested hundreds of supporters of
exiled General Michel 'Awn, and detained Tawfiq Hindi,
political advisor to former Lebanese Forces commander Samir
Ja'ja. (see Section 1.d.). Some of those arrested claimed that
officers had abused them. They also alleged that they were
psychologically tortured when authorities threatened their
families.
Abuses occurred in areas outside of the State's authority,
including in Palestinian refugee camps. During the year, there
were reports that members of the various groups who controlled
the camps detained their Palestinian rivals (see Section
1.d.).
Prison conditions were poor and did not meet minimum
international standards. The Government did not allocate funds
for prison reform.
In 2001 members of the Parliamentary Commission for Human
Rights visited all prisons in the country except those
controlled by the Ministry of Defense. The Interior Ministry
denied the press permission to accompany the delegation. The
Chairman of the Commission subsequently stated that "the
health conditions of the prisoners are deplorable and require
continuous care. We hope the women's prisons will be emptied
and the prisoners transferred." He also indicated that of the
7,230 persons being held in prison, only 2,500 were convicted.
In 2000 AI issued a report on prison conditions for women
which highlighted numerous, serious human rights abuses,
including torture, as well as the breach of legal rights of
citizens. In response to public concern, the Prosecutor
General appointed one of his senior aides to investigate
allegations of torture and mistreatment of women in pretrial
detention. In May, the Prosecutor's office issued a communique
denying all allegations of torture against women. The
Government has made a modest effort to rehabilitate some
inmates.
The Surete Generale, which is in charge of border posts,
operated a detention facility. All detainees, mostly Egyptians
and Sri Lankans, were detained there pending deportation. In
2001, the Surete Generale opened a new detention facility,
which reportedly provided somewhat better conditions than the
old facility. Their detention was supposed to be 1 to 2
months, pending the regularization of their status. However,
some, mainly asylum seekers, were detained for more than a
year.
Former Lebanese Forces leader Samir Ja'Ja', who is serving
four life sentences for the murder or attempted murder of
various political figures during and after the civil war, was
kept in solitary confinement in a prison in the basement of
the Ministry of Defense. Government officials stated that his
solitary confinement was necessary for his own protection.
During the year, local journalists and human rights
organizations were given access to certain prisons except
those controlled by the Ministry of Defense. Following the
Israeli withdrawal, the Government did not grant independent
monitors access to former SLA soldiers in custody. In
September the Cabinet ordered that International Committee of
the Red Cross (ICRC) representatives should be allowed to
visit all prisons, including the one under the control of the
Ministry of Defense. However, by year's end ICRC had not done
so because the Ministry of Defense had not granted permission.
Prior to the Israeli withdrawal from the south, Hizballah
detained and reportedly mistreated SLA members and suspected
agents at unknown locations. The SLA operated its own
detention facility, and there were frequent allegations of
torture and mistreatment of detainees (see Section 1.d.).
Hizballah did not permit visits by human rights monitors to
those persons in its custody. Men, women, and juveniles were
held separately in government prisons.
d. Arbitrary Arrest, Detention, or Exile
The law requires security forces to obtain warrants before
making arrests; however, the Government used arbitrary 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.). In 2001 the Parliamentary
Commission for Human Rights stated that of the 7,230 persons
being held in prison, only 2,500 were convicted.
In 2001 the Parliament enacted and put into effect a new
Code of Criminal Procedure. The new law provides greater legal
protection to suspects, including the right to a lawyer, to a
medical examination, and to inform next of kin. Under the
Code, arresting officers are required to refer a subject to a
prosecutor within 48 hours of arrest, unless there were
witnesses to the crime, in which case the suspect may not be
held in custody more than 24 hours. The period may be extended
to 48 hours with the agreement of the public prosecutor's
office. If a suspect 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. Under the
Code, bail is available in all cases regardless of the
charges. Many provisions of the new Code were not observed in
practice. Some police and members of the judiciary have
claimed that they were not properly informed of the new
provisions.
Defendants had the right to legal counsel, but there was no
state-funded public defender's office. The Bar Association
operated an office for those who could not afford a lawyer,
and the court panel on many occasions asked the Bar
Association to appoint lawyers for defendants.
Security forces continued the practice of arbitrary
detention and arrest. On several occasions during the year,
security forces detained and arrested hundreds of citizens on
grounds of national security. Protestors were also arbitrarily
detained and arrested (see Section 2.b.). The Government also
detained, interrogated, and beat journalists (see Section
2.a.).
In 2001, security forces arrested, interrogated, and
searched the homes of more than 100 citizens, predominately
Christian supporters of exiled General Michel 'Awn, and jailed
commander of the disbanded Lebanese Forces, Samir Ja'Ja'. Most
of the arrests and searches took place without warrants, and
those arrested claimed that they were not given access to
lawyers. The authorities allegedly forced most of them to sign
affidavits stating that they would abstain from politics and
released them within 2 weeks after their arrests. Some were
blindfolded and forced to sign the affidavits without reading
them; some of those who refused were beaten until they signed.
Retired General Nadim Lteif, Coordinator of the Awnist
movement, and Tawfiq Hindi, former political advisor of Samir
Ja'Ja', were among those arrested. At least 77 of those
detained were referred to both military and civilian courts
(see Section 1.e.). All but five of those arrested were
released within weeks. Two persons were held until November
2001, when they were released on bail. In March the court
dropped all charges against them.
In February, six men were arrested and accused of spying
for Israel on Hizballah, as well as on Lebanese and Syrian
military positions and Lebanese political figures and
financial institutions. In September, military tribunals
sentenced the men to terms ranging from 1 year in prison to
death. Hassan Hashem, a former official of the country's Shi'a
Amal militia, was sentenced to 3 years of hard labor. One
defendant tried in absentia received a death sentence.
On July 11, the military court of appeals sentenced
Lebanese Forces political advisor Tawfiq Hindi and journalist
Habib Younis to 15 months imprisonment for having established
contacts with Israeli forces. The tribunal also convicted
journalist Antoine Bassil for providing assistance to Israeli
forces and sentenced him to 30 months. On November 9 and 16,
respectively, Hindi and Younis were released.
The Government initially held incommunicado most of the
3,000 SLA members who surrendered to the authorities following
the IDF's withdrawal in 2000 (see Section 1.c.); however,
lawyers and family members have since been provided access.
The authorities often detained without charges for short
periods of time political opponents and opponents of the
Syrian Government. Legal action against them remained pending;
however, they were free to travel abroad.
Palestinian refugees were subject to arrest, detention, and
harassment by state security forces, Syrian forces, and rival
Palestinians.
Unlike in 2000, there were no allegations during the year
of the transfer of citizens by government authorities to
Syria. By year's end, 9 of 54 persons turned over in 2000 to
Syria remained in Syrian custody, including Abu Haytham Karara,
an official of the Progressive Socialist Party. No formal
charges were brought against them. Human rights activists
believed that there were numerous Lebanese, Palestinians, and
Jordanians in prolonged and often secret detention. According
to AI, Syrian forces operating in Lebanon carried out
searches, arrests, and detentions of Lebanese nationals
outside any legal framework. The Government formed a committee
in 2000 to investigate cases of those who disappeared during
the civil strife (see Section 1.b.). Although it was due to
report on its findings by July, the committee had not done so
by year's end.
Abuses occurred in areas outside of the State's authority,
including the Palestinian refugee camps. During the year,
there were reports that members of the various groups who
controlled the camps detained their Palestinian rivals.
During the year, there were no reports that Hizballah
conducted arbitrary arrests in areas outside central
government control.
Israel continued to hold 20 Lebanese citizens, including
Sheikh Abed al-Karim Obaid and Mustafa Dirani, who had been
held without charge since 1989 and 1994, respectively.
The law does not provide for forced exile, and it was not
practiced regularly.
e. Denial of Fair Public Trial
The judiciary was independent in principle; however, it was
subject to political pressure. The Constitution provides for a
constitutional council to determine the constitutionality of
newly adopted laws upon the request of 10 members of
Parliament, and stipulates that judges shall be independent in
the exercise of their duties; however, influential politicians
as well as Syrian and Lebanese intelligence officers at times
intervened and protected their supporters from prosecution.
The judicial system consisted of the regular civilian
courts; the Military Court, which tries cases involving
military personnel and civilians in security-related issues;
the Judicial Council, which tries national security cases; and
the tribunals of the various religious affiliations, which
adjudicate matters of personal status, including marriage,
divorce, inheritance, and child custody (see Section 5).
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. Verdicts from this
tribunal are irrevocable and may not be appealed.
The Ministry of Justice appointed all other judges based on
the religious affiliation of the prospective judge. A shortage
of judges has impeded efforts to adjudicate cases backlogged
during years of internal conflict. Trial delays were
aggravated by the Government's inability to conduct
investigations in areas outside of its control.
In general trials were public, but judges had the
discretion to make a court session secret. Defendants had the
right to be present at trial and the right of timely
consultation with an attorney. Defendants had the right to
confront or question witnesses against them but must do so
through the court panel, which decided whether or not to
permit the defendant's question. Defendants and their
attorneys had access to government-held evidence relevant to
their cases and had the right of appeal. These rights
generally were observed in practice.
Defendants on trial for security cases, which were heard
before the Judicial Council, had the same procedural rights as
other defendants; however, there was no right to appeal in
such cases. The testimony of a woman was equal to that of a
man (see Section 5).
The Military Court had jurisdiction over cases involving
the military as well as those involving civilians in
espionage, treason, weapons possession, and draft evasion
cases. Civilians could be tried for security issues, and
military personnel could be tried for civil issues. The
military court had two tribunals-the permanent tribunal and
the cassation tribunal-the latter of which heard appeals from
the former. A civilian judge chaired the higher court.
Defendants on trial under the military tribunal had the same
procedural rights as defendants in ordinary courts.
In 2000, the Military Court began trying the cases of the
approximately 3,000 SLA militiamen who surrendered to the
Government following the Israeli withdrawal from the south.
Some of the former SLA militiamen were charged under Article
273 of the Penal Code for taking up arms against the State, an
offense punishable by death; others were charged under Article
285 of the Penal Code for trading with the enemy, an offense
punishable by a minimum of 1 year in prison. Domestic human
rights groups and international nongovernmental organizations
(NGOs) reported that the trials were open to journalists and
members of the public but were not fair. AI reported that such
summary trials neither allowed the innocent to be acquitted
nor ensured the discovery of those who may be guilty of war
crimes. According to AI, the court tried between 23 and 43
persons each day. SLA lawyers who requested an adjournment to
study the files of detainees were granted additional time.
However, in most cases, defense lawyers received the files
shortly before trial and consequently were unable to argue the
cases individually. The standard defense presented by lawyers
for the militiamen was that the Government had been unable to
defend citizens living under Israeli occupation for the last
22 years. Therefore the residents had no choice but to work
with the occupiers.
By year's end, more than 2,919 former SLA members had been
tried and convicted. Approximately one-third of the former SLA
members received 1-year prison sentences and approximately
one-third received sentences of 3 to 4 weeks under Article
273. Two persons who were implicated in the abuse and torture
of prisoners at al-Khiam prison were sentenced to life in
prison. The military prosecutor recommended the death sentence
for 37 former SLA militiamen for allegedly killing members of
"the resistance" (i.e., Hizballah). 21 of these militiamen
were tried while in government custody; 16 were tried in
absentia. The Military Court denied every recommendation for
the death sentence and handed down lighter sentences in each
case. During the year, following attacks by angry crowds on
two former SLA members in their villages, the court amended
the sentences of some persons, barring them from returning to
their villages for several years. According to the Government,
these bans were issued to protect the former SLA members and
were difficult to enforce. During the year, no similar
sentences were issued. There were no new reports that the
Government or Hizballah subjected former SLA members who
returned to their villages to regular harassment. On July 19,
Mahmoud Salim Mahbouba filed a claim that armed individuals
broke into his house and kidnaped his son, Mohammed, a former
SLA member who was released from Roumeih prison after serving
a 2-year sentence. By year's end, the Government had released
all of the 220 SLA militiamen who were tried following the
June 1999 SLA withdrawal from Jezzine.
In 2001 the State Prosecutor's Office requested that the
Bar Association lift the immunity of lawyer Muhammad Mugraby
to permit Mugraby's prosecution for criticizing the country's
judicial system at a press conference. The Bar Association
complied with the request; at year's end, Mugraby's challenge
of the decision remained pending (see Section 2.a.).
In August 2001, the Government arrested without warrant
Antoine Bassil, a correspondent for a Saudi Arabian television
station, for his alleged association with Israeli officials.
In July Bassil was sentenced to 30 months in prison by a
military tribunal(see Section 2.a.).
In 2001, the Government arrested without warrant Habib
Younis, the managing editor in al-Hayat's Beirut office, for
his alleged association with Israel. Authorities referred his
case to a military court, which indicted him for conspiring
with Israel. Younis was sentenced to 15 months of imprisonment
and was released on November 16 (see Section 1.d.).
In 2001 authorities referred at least 77 'Awn and Ja'Ja
supporters to both military and civilian courts. Charges
brought by the Military Prosecutor's Office included opposing
the policy of the Government; disseminating the principles of
an unauthorized political party; jeopardizing the country's
relations with a friendly state; using oral and written
statements not authorized by the Government; defaming the
Syrian army's reputation; organizing meetings and activities
of a unauthorized political party; and transmitting false and
exaggerated information. Tawfiq Hindi, Ja'Ja's former
political advisor was charged with collaborating with the
Israeli enemy, forming an association to harm the State's
authority, and damaging the country's relation with a sisterly
nation(see Section 1.d.). In 2001 the Court of Cassation ruled
that the military court did not have jurisdiction in 63 of the
cases, which were transferred to a criminal court. At year's
end, these cases were still pending in court. The cases of
Nadim Lteif and Hikmat Deeb, who were charged with defaming
the Lebanese and Syrian armies, were referred to both military
and civilian courts (see Section 1.d.). At year's end, both
cases remained pending.
Palestinian groups in refugee camps operated an autonomous
and arbitrary system of justice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of the
domicile; however, authorities frequently interfered with the
privacy of persons regarded as enemies of the Government. Laws
require that prosecutors obtain warrants before entering
homes, except when the security forces are in close pursuit of
armed attackers; however, in practice the law was not
respected.
The Government and Syrian intelligence services used
informer networks and monitored telephones to gather
information on their perceived adversaries. The Army
Intelligence Service monitored the movements and activities of
members of opposition groups (see Section 2.b.). The
Government conceded that telephone calls were monitored by
security services but claimed that monitoring occurred only
with prior authorization from competent judicial authorities.
Politicians and human rights advocates reported increasing
and more overt government intelligence services' surveillance
of political meetings and political activities across the
religious and political spectrum. In 1999 the Parliament
passed a law that authorized surveillance in national security
and law enforcement cases but banned its use against
government ministers and parliamentary deputies; however, the
Government had not adopted the necessary implementing decrees
by year's end.
Militias and non-Lebanese forces operating outside the area
of central government authority frequently have violated
citizens' privacy rights. Various factions also used informer
networks and the monitoring of telephones to obtain
information regarding their perceived adversaries.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the
press; however, the Government limited this right in practice,
particularly by intimidating journalists and broadcasters into
practicing self-censorship. The Government censored television
broadcasts on a case-by-case basis.
Although there were repeated attempts to restrict freedom
of opinion and speech during the year, daily criticism of
government policies and leaders continued. Dozens of
newspapers and hundreds of periodicals were published
throughout the country and were financed by various local and
foreign groups. The press was privately owned and press
content often reflected the opinions of financial backers.
The Government had several legal mechanisms at its disposal
to control freedom of expression. The Surete Generale was
authorized to censor all foreign magazines and nonperiodical
works, including plays, books, and films, before they were
distributed in the market. 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 Publications Court, a special tribunal
empowered to try such matters. Moreover, the 1991 security
agreement between Lebanon and Syria contained a provision that
effectively prohibits the publication of any information
deemed harmful to the security of either state. In view of the
risk of prosecution, journalists censored themselves on
matters related to Syria.
In 1999 President Lahoud announced that under his tenure no
charges would be brought against any journalist because of his
writings or opinions; however, during the year the Government
continued to harass, abuse, and detain journalists.
In January Surete Generale officers and plainclothes agents
confiscated 650 DVDs at the Virgin Megastore. The titles
confiscated included Rabbi Jacob, The Ten Commandments,
Superman, and Jesus of Nazareth. The Surete General claimed
that the confiscated merchandise was smuggled illegally
through customs and contained material that slandered religion
and public decency and contravened the boycott against Israel.
In January the Surete Generale imposed "prior censorship"
on the Saudi-owned daily Asharq al-Awsat. In December 2001,
the newspaper reported that President Lahoud escaped an
assassination attempt while on vacation in Monte Carlo. The
Beirut Public Prosecutor filed a lawsuit against the
newspaper. The Minister of Information criticized the decision
taken by the Surete and stated that "no prior censorship
should be practiced on local newspapers." The case was still
pending at year's end.
On March 25, the ISF beat several photographers who were
taking pictures of a collapsed building in Beirut. The
Minister of the Interior ordered an investigation to reprimand
those responsible for the misconduct. No information was
available about any punitive action at year's end.
On April 12, the Beirut Public Prosecutor pressed charges
against the publisher of the International Herald Tribune (ITH)
in Beirut, after the newspaper ran a pro-Israeli advertisement
of the Anti-Defamation League. The charges were leveled at the
publisher and editor-in-chief of the local English newspaper
the Daily Star who is the IHT legal representative. At year's
end, the case remained pending in court.
In August, the Beirut Public Prosecutor filed a lawsuit
against the chairman and news editor of Lebanese Broadcasting
Corporation International (LBCI) for having "instigated
sectarian discord and threatened civil peace" during its
coverage of a shooting incident in which eight employees of
the Ministry of Education were killed. The station's news
coverage of the event focused on the fact that the shooter was
a Shi'a Muslim, whereas seven of the eight who were killed
were Christians. In August the Beirut Public Prosecutor
charged the Murr Television Station (MTV), its political news
director, and the host of "Referendum" political talk show
with "broadcasting material whose nature is to damage ties to
a sisterly nation" (Syria) and "assailing the dignity of the
President, slandering the security services and undermining
social order." At year's end, the case remained pending in
court.
On September 4, the Publications Court ordered the closure
of MTV and RML radio, citing Article 68 of the Parliamentary
Election Law, which stipulates "complete closure" for
broadcasting election propaganda during the campaign period.
ISF and army troops closed the station's headquarters shortly
after the decision. The court ruled against an appeal to
reopen the stations on October 21. On December 27, the court
denied a second appeal.
In September State Prosecutor Addoum announced that he
would examine declarations made by opposition members in
Lebanon and abroad after the Christian Maronite World Congress
held in Los Angeles in June, including TV interviews and press
statements, in search of elements which could incriminate
them. This included statements about Syria and the Syria
Accountability Act. Addoum ordered security agencies to gather
information about opposition activities outside Lebanon.
In August 2001, the Government brought charges against
Joseph Nasr, the editor in chief of the daily newspaper An-Nahar,
and Rafi Madayan, the author of an article published in that
newspaper that the Government deemed insulting to the
military. The Government also brought charges against the
weekly newspaper Al-Watan Al-Arabi for having published news
that it deemed insulting to the Lebanese and Syrian armies.
The cases had not been tried by year's end.
In August 2001, the army's intelligence services arrested
without a warrant Antoine Bassil, a correspondent for the
Saudi Arabian television station Middle East Broadcasting
Corporation (MBC). In December 2001, a court indicted Bassil
on charges of contact with the enemy, entering Israel, forming
an association to harm the State's authority, and damaging
relations with a sisterly country. In July the military court
found him guilty and sentenced him to 30 months imprisonment
(see Section 1.e.).
In August 2001, the Government arrested without a warrant
Habib Younis, an editor with al-Hayat's Beirut office on
charges of "contact with the Israeli enemy." The Government
interrogated Younis without the presence of a lawyer (see
Section 1.e.) and the military court indicted him on charges
of conspiring with Israel. In July the military court found
him guilty and sentenced him to 15 months imprisonment (see
section 1.d.).
The Government continued to restrict radio and television
broadcasts in a discriminatory manner. There were 7 television
stations and 37 radio stations. The Government owned one
television and one radio station; the remaining stations were
owned privately. Satellite television was available widely and
was inexpensive.
Although the Government did not censor broadcasts directly,
government officials exerted pressure on journalists to
practice self-censorship. For example, in November the
Government pressured LBCI not to air a talk show that was to
include an outspoken opposition figure. The Government also
pressured the media not to report on the arrest in Syria of an
al-Hayat correspondent.
In general the Government did not restrict Internet access,
and it was used widely.
The Government generally respected academic freedom, and
the country had a strong private educational system.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly; however,
the Government restricted this right in practice. Any group
that wished to organize a rally had to obtain the prior
approval of the Ministry of Interior, which did not render
decisions consistently. Groups opposing government positions
sometimes did not receive permits.
On several occasions during the year, military personnel
used excessive force to disperse protesters of government
political and economic policies and the Syrian presence in
Lebanon, sometimes detaining or arresting them (see Sections
1.c. and 1.d.).
In August 2001, approximately 200 persons, mostly
university students, gathered near the Justice Ministry to
protest the arrests of more than 100 'Awnists and Lebanese
Forces supporters. Plainclothes intelligence agents arrested
at least 10 persons, reportedly including 1 journalist (see
Section 2.a.), and used heavy force to suppress the
demonstration. Demonstrators were beaten with rifle butts,
kicked, and trampled by security forces. At least two
journalists reportedly also were beaten (see Section 2.a.).
All of those arrested were released within 2 days. A few days
after the protest, the Minister of Interior stated that those
responsible for using excessive force would be punished.
Subsequently the Justice Minister instructed the Prosecutor
General's Office to investigate the incident; however, there
were no reports that any measures were taken by year's end.
On March 14, approximately 2,000 demonstrators, mostly
student supporters of the now-exiled former Army Commander
Michel 'Awn, participated in an anti-Syrian march. Security
forces and LAF troops dealt responsibly with the protestors
and the demonstration was peaceful.
During March and April, at least 20 nonviolent
demonstrations and sit-ins took place in support of the
Palestinian Intifada. The Government took an aggressive stance
by providing protection and security for foreign interests
during that period. However, on April 3, a demonstration of
3,500-4,000 took place at a diplomatic mission. When the crowd
attacked security forces with stones, the security forces
deployed tear gas and water cannons to disperse it. At least
seven police members and some demonstrators were slightly
injured.
The Constitution provides for freedom of association, and
the Government generally respected this right and 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 Ministry of
Interior, which issues a receipt. In addition to what is
provided by law, the Ministry of Interior imposed on
organizations further restrictions and requirements that were
not enforced consistently. The Ministry at times withheld the
receipt, essentially transforming a notification procedure
into an approval process. 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 results of such inquiries may be used by the
Ministry in deciding whether or not to approve the formation
of the group.
Organizations must invite Ministry representatives to a
general assembly in which votes are held for by-law amendments
or in which elections are held for positions on the board of
directors. The Ministry also required every association to
obtain the Ministry's approval of any change in by-laws;
failure to do so could result in the dissolution of the
association.
Although the law did not distinguish between political
parties and other associations, the Cabinet had to license
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 opposition groups (see
Section 1.f.).
The Government closely monitored groups critical of Syrian
policies, and their members were subject to harassment and
arrest by the Government.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Government generally respected this right in practice;
however, there were some restrictions. Discrimination based on
religion is built into the system of government. The
Government subsidized all religions and all Muslim clerics
received monthly salaries from the Government.
The State is required to ensure the free exercise of all
religious rites, provided that public order is not disturbed.
The Constitution also provides that the personal status and
religious interests of the population be respected. The
Government permitted recognized religions to exercise
authority over matters pertaining to personal status, such as
marriage, divorce, and inheritance. There is no state
religion; however, politics are based on the principle of
religious representation, which was applied to every aspect of
public life.
A group that seeks official recognition must submit its
dogma and moral principles for government review to ensure
that such principles did not contradict popular values and the
Constitution. The group must ensure that the number of its
adherents is sufficient to maintain its continuity.
Alternatively, religious groups may apply to obtain
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. State recognition was
not a legal requirement for religious worship or practice. For
example, although Baha'is, Buddhists, and Hindus 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.
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 resulted in
increased Muslim representation in Parliament and reduced the
power of the Maronite President. The Accord called for the
ultimate abolition of political sectarianism in favor of
"expertise and competence;" however, little substantive
progress was made in this regard. A "Committee for Abolishing
Confessionalism," which was called for in the Taif Accord, had
not yet been formed by year's end. One notable exception was
the LAF which, through universal conscription and an emphasis
on professionalism, has significantly reduced the role of
confessionalism (or religious sectarianism) in the armed
forces. Christians and Muslims were represented equally in the
Parliament. Seats in the Parliament and Cabinet, and posts in
the civil service, were distributed proportionally among the
18 recognized groups (see Section 3).
The Government required that religious affiliation be
encoded on national identity cards, but not on passports.
Religious groups administered their own family and personal
status laws. There were 18 recognized religious groups, each
of which differed in its treatment of marriage, family,
property rights, and inheritance. Many of these laws
discriminated against women. For example, Sunni inheritance
law provided 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. There is no law
that permits civil marriages, although such ceremonies
performed outside the country were recognized by the State.
Only religious authorities may perform marriages.
There were no legal barriers to proselytizing; however,
traditional attitudes and edicts of the clerical establishment
strongly discouraged such activity. During the year, there
were reports that members of the Christian community in
Kesirwan, with the knowledge of local clergy, occasionally
verbally harassed church leaders and persons who attended an
unrecognized Protestant evangelical church.
In October a Greek Orthodox church in Tripoli and the Saint
Elias Maronite Church in Sidon were bombed. Later that month,
arsonists set fire to a northern mosque. President Lahoud
blamed "Israeli sympathizers" for the second incident. No one
had been arrested in connection with either crime by year's
end.
On November 21, an American citizen missionary affiliated
with the Christian and Missionary Evangelical Alliance was
killed in Sidon. No group has claimed responsibility for the
killing (see Section 1.a.).
For a detailed discussion see the 2002 International
Religious Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration and Repatriation
The Constitution provides for these rights, and the
Government generally respected them in practice; however,
there were some limitations. The law prohibits travel to
Israel. The LAF and Syrian troops maintained checkpoints
throughout much of the country. All men between 18 and 21
years of age were subject to compulsory military service and
were required to register at a recruitment office and obtain a
travel authorization document before leaving the country.
Married women must obtain their husband's signatures to apply
for a passport. Although a man may obtain passports for his
children without his wife's approval, a women may not obtain
passports for her children without the approval of her husband
(see Section 5).
There were no legal restrictions on the right of citizens
to return to the country. However, many emigres were reluctant
to return for a variety of political, economic, and social
reasons. The Government encouraged the return to their homes
of over 600,000 persons displaced internally during the civil
war. Although some persons have begun to reclaim homes
abandoned or damaged during the war, the vast majority of
displaced persons have not attempted to reclaim and rebuild
their property. The resettlement process was slowed by tight
budgetary constraints, destroyed infrastructure, political
feuds, a lack of schools and economic opportunities, and the
fear that physical security still was inadequate in some parts
of the country.
In 2000, approximately 6,000 SLA militiamen and their
families fled to Israel. At year's end, approximately 2,200
had returned to the country. Several hundred relocated
elsewhere outside of Israel, and between 3,000 and 4,000
remained in Israel at year's end. Of the former SLA personnel
who returned to the country, most received prison sentences of
varying lengths (see Section 1.e.). The Government publicly
stated that the former SLA militiamen were welcome to return
to the country, but that they would face trial upon their
return. There were few incidents of harassment of returned SLA
deportees.
Most non-Lebanese refugees were Palestinians. In 2001 the
U.N. Relief and Works Agency (UNRWA) reported that the number
of Palestinian refugees in the country registered with the
UNRWA was approximately 383,000. This figure, which included
only the families of refugees who arrived in 1948, was
presumed to include many thousands who reside outside of the
country. Most experts estimated the actual number in the
country to be between 150,000 and 200,000. Most Palestinian
refugees were unable to obtain citizenship and were subject to
governmental and societal discrimination; however, Palestinian
women who married Lebanese men could obtain citizenship (see
Section 5).
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.
On several occasions, Hizballah operatives interfered with
the freedom of movement of UNIFIL personnel. For example on
April 4, about 15 Hizballah operatives forced an observer
group to stop at checkpoints and assaulted them, injuring 3.
According to the U.N. Secretary General's report, no action
was taken despite government assurances that the perpetrators
would be arrested and brought to trial.
There were no legal provisions for granting asylum or
refugee status in accordance with the 1951 U.N. Convention
Relating to the Status of Refugees and its 1967 Protocol. The
Government granted admission and temporary (6 months) refuge
to asylum seekers, but not permanent asylum. The Government
generally cooperated with the offices of the U.N. High
Commissioner for Refugees (UNHCR) and UNRWA.
According to the UNHCR, there were nearly 3,000
non-Palestinian refugees, primarily Iraqis and Sudanese,
detained for illegal entry into the country. During the year,
the Surete General granted UNHCR officials access to the
detainees. There were credible reports that the Surete
Generale deported Iraqi Kurds seeking asylum back to Iraq
through Syria.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution states that citizens have 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 strong Syrian influence over
politics and decision makers significantly restrict this
right.
According to the Constitution, elections for the Parliament
must be held every 4 years. In turn, the Parliament elects the
President every 6 years. The President and 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 a Shi'a Muslim (see Section
2.c.). Since the National Reconciliation Agreement reached in
Taif, Saudi Arabia in 1989, which revised the 6 to 5 ratio of
Christian to Muslim seats in Parliament, there has been a
50-50 balance between Christian and Muslim Members of
Parliament. The Taif Accord also increased the number of seats
in Parliament and transferred some powers from the Maronite
President to the Sunni Prime Minister and the religiously
mixed Cabinet.
The parliamentary elections in 2000 showed fewer incidents
of voter fraud and tampering with ballots than previous
elections; however, the process was flawed with serious
shortcomings, including Syrian Government influence on the
electoral law and candidate selection, progovernmental media
manipulation, and improper activities of security services.
On June 2, a by-election held in the Metn district for the
Greek-Orthodox seat was reportedly marred by numerous
irregularities, in addition to the Minister of Interior's
claim that the secret ballot is "optional." In November the
Constitutional Council names the third placed candidate as the
winner.
In September 2001, municipal elections were held for the
first time since 1963 in 64 villages and towns in areas
formerly occupied by Israel. Local observers reported that the
elections were generally free and fair; however, there were
some irregularities, including attempts by government agencies
to pressure candidates and voters, the presence of
unauthorized persons inside polling stations, and the absence
of registration committees on voting day to correct errors in
voters lists.
Women had the right to vote, and there were no legal
barriers to their participation in politics; however, there
were significant cultural barriers. No woman has ever held a
cabinet position. In 2000, three women were elected to the
128-seat Parliament.
Palestinian refugees had no political rights (see Section
5). 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.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several local human rights groups operated freely without
overt government restriction, including the Lebanese
Association for Human Rights, the Foundation for Human and
Humanitarian Rights-Lebanon, and the National Association for
the Rights of the Disabled. Some of these groups have sought
to publicize the detention in Syria of hundreds of Lebanese
citizens and took credit in part for the release of a number
of Lebanese from Syrian jails during 1999 (see Section 1.d.).
The Bar Association and other private organizations regularly
held public events that included discussions of human rights
issues. Some human rights groups reported harassment and
intimidation by government, Syrian, or Hizballah forces.
The Government generally cooperated with international NGOs
and met with them during the year. In March the United Nations
High Commissioner for Human Rights met with senior government
officials. The ICRC and AI maintained offices in the country.
During the year, government officials discussed human rights
problems with representatives of foreign governments and NGOs.
For example, the Lebanese Foundation for Human and
Humanitarian Rights discussed issues related to Iraqi asylum
seekers with the Government and secured the non-deportation of
Iraqi Kurds back to Iraq.
The Parliamentary Commission for Human Rights did not take
action in response to the arrests in 2001 by security forces
of antigovernment and anti-Syrian protestors. However, the
Commission played an important role in ratifying the U.N.
Convention against Torture in 2001 and passing the new Code of
Criminal Procedure. Following visits to the prisons, the
Commission's chairman stated that the Commission would work on
improving prison conditions by passing the Code of Criminal
Procedure and by increasing funding to build new correctional
facilities; however, by year's end, no funds had been
allocated.
Section 5 Discrimination Based on Race, Sex, Disability,
Language, or Social Status
The Constitution calls for "social justice and equality of
duties and rights among all citizens without prejudice or
favoritism;" however, in practice 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.
Women
The law does not specifically prohibit domestic violence;
however, violence against women was a common problem. Cases
reported were believed to be only a fraction of the actual
number. There were no authoritative statistics on the extent
of spousal abuse. Most experts agreed that the problem
affected a significant portion of the female population.
Despite a law prohibiting battery with a maximum sentence of 3
years in prison for those convicted, some religious courts
legally may require a battered wife to return to the house in
spite of physical abuse. Many women were compelled to remain
in abusive marriages because of social and family pressures.
Possible loss of custody of children and the absence of an
independent source of income also prevented women from leaving
their husbands.
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
the gender of the victim. In most of the cases, the police
ignored complaints submitted by battered or abused women. The
NGO The Lebanese Council to Resist Violence Against Women has
worked actively to reduce violence against women by offering
counseling and legal aid and raising awareness about domestic
violence.
Foreign domestic servants often were mistreated, abused,
and in some cases, raped. Asian and African female workers had
no practical legal recourse available to them because of their
low status, isolation from society, and because the 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 sentence for a
person convicted of rape is 5 years in prison. The minimum
sentence for a person convicted of raping a minor is 7 years.
The legal system was discriminatory in its handling of
so-called "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. However, in 1999 the law
was amended to increase the severity of the sentence for
perpetrators of "honor crimes." Several instances of honor
crimes are reported in the media every year, and reportedly
there were an average of two to three cases of honor crimes
each month during the year. No person has been convicted in a
case legally considered as an honor crime.
Prostitution is legal but regulated; in practice most
prostitution is unlicensed and thus illegal. Thousands of
foreign women, primarily from Russia and Eastern Europe,
engaged in prostitution. The country was a destination for
trafficked persons, primarily women (see Section 6.f.).
Women had varying employment opportunities in government,
medicine, law, academia, the arts, and to a lesser degree,
business. However, 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 of the home or their
contact with friends and relatives. The law prohibits sexual
harassment; however, it was a widespread problem.
Women may own property but often ceded control of it to
male relatives for cultural reasons and because of family
pressure. Husbands may block foreign travel by their wives
(see Section 2.d.). The testimony of a woman is equal to that
of a man in court (see Section 1.e.).
In 2001, Parliament adopted a law providing equal pay for
equal work for men and women. During the year, the Parliament
passed legislation giving women serving in government the same
rights as men in terms of medical coverage and
hospitalization.
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 age of 13. However, public schools generally were
inadequate, and the cost of private education was a
significant problem for the middle and lower classes. Many
children, particularly in rural areas, took jobs at a young
age to help support their families. UNICEF reported that in
the 2000 school year, approximately 85 percent of children
between the ages of 3 and 5, and approximately 98 percent of
children between the ages of 7 to 11 were enrolled in school.
In some families with limited incomes, boys received more
education than girls. Illiteracy rates were approximately 38
percent. The minimum for child employment is 14 years of age
(See Section 6.d.).
An undetermined number of children were neglected, abused,
and exploited. The normal procedure for adoption was through
religious homes or institutions authorized to arrange
adoption; however, the demand to provide infants for adoption
abroad resulted in illegal international adoptions. There were
no statistics available concerning the prevalence of the
illegal adoption of infants. Poor children often were
compelled by their parents to seek employment and often took
jobs that jeopardized their safety (see Section 6.d.). Because
of their ages, wages earned by such children were not in
conformity with labor regulations. The Government did not have
specific child protection laws to remove children from abusive
situations and did not grant NGOs adequate legal standing to
litigate on behalf of abused minor children.
During the year, the police discovered and broke up several
child prostitution rings.
Persons with Disabilities
More than 100,000 persons became disabled during the civil
war. Families generally performed care of persons with
disabilities. Most efforts to assist persons with disabilities
were made by approximately 100 private organizations. These
organizations were relatively active, although poorly funded.
There were few accommodations for persons with disabilities
in the cities.
The law on persons with disabilities stipulates that at
least three percent of all government and private sector
positions should be filled by persons with disabilities,
provided that such persons fulfill the qualifications of the
position.
During the year, joint committees composed of the National
Committee for the Disabled and the Ministries of Health,
Labor, and Education were formed to implement the disabled
law. During the year, the Ministry of Finance informed all
firms and companies that it would not settle obligations with
them unless they proved that three percent of their work force
was composed of disabled personnel.
National/Racial/Ethnic Minorities
According to the UNHCR, an estimated 380,000 Palestinian
refugees were registered in the country (see Section 2.d.);
however, it was believed that perhaps between 150,000 to
200,000 Palestinians actually resided in the country. Most
Palestinian refugees lived in overpopulated camps that
suffered repeated heavy damage as a result of fighting. The
Government generally prohibited the construction of permanent
structures in the camps on the grounds that such construction
encouraged the notion of permanent refugee settlement in the
country. Refugees feared that the Government may reduce the
size of the camps or eliminate them completely. Very few
Palestinians received work permits, and those who found work
usually were directed into unskilled occupations. In recent
years, Palestinian incomes have continued to decline. The law
prohibited Palestinian refugees from working in 72
professions.
In 2001 the Parliament passed legislation depriving
Palestinian refugees of the right to own property in the
country. Under the new law, Palestinians no longer may
purchase property and those who own property will be
prohibited from passing it on to their children. The
Parliament justified the law 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 Israel in
1948. Other foreigners may own a limited size plot of land but
only after obtaining the approval of five different district
offices. The law applies to all foreigners, but it is applied
in a manner disadvantageous to the 25,000 Kurds in the
country. The Government did not provide health services to
Palestinian refugees, who relied on UNRWA and UNRWA-contracted
hospitals.
In recent years, Palestinian incomes have declined.
Palestinian children reportedly have been forced to leave
school at an early age because U.N. relief workers do not have
sufficient funds for education programs. The U.N. estimates
that 18 percent of street children in the country are
Palestinian. Drug addiction, prostitution, and crime
reportedly were increasing in the camps, although reliable
statistics were not available. In 1999, the Fatah faction of
the PLO expanded its operations in the Ain al-Hilwah refugee
camp by opening security offices and hiring personnel to
maintain order in the camps.
Section 6 Worker Rights
a. The Right of Association
The law provides that all workers except government
employees may establish and join unions. Worker
representatives must be chosen from those employed within the
bargaining unit. About 900,000 persons formed the active labor
force, 14 percent of who were members of 210 labor unions and
associations. Most of these unions gathered to form
Federations. To date, 37 federations, with about 200,000
workers, were represented in the General Confederation of
Labor (GCL).
Palestinian refugees may organize their own unions;
however, because of restrictions on their right to work, few
Palestinians participated actively in trade unions.
Unions were free to affiliate with international
federations and confederations, and they maintained a variety
of such affiliations.
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 have assisted nonunionized
workers. There were no government mechanisms to promote
voluntary labor-management negotiations, and workers had no
protection against antiunion discrimination. Union leaders
alleged credibly that, in the past, the Government has tried
to interfere in elections for union officials.
The law provides for the right to strike. In December the
teachers' union went on a strike and then staged a
demonstration to protest budget proposals including taxes on
pensions and working hour increases.
In June and July, taxi and bus drivers held separate
strikes to protest a new government anti-pollution measure
calling for a switch from diesel to gasoline for all passenger
vehicles carrying less than 15 passengers.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor
Forced labor is not prohibited by law. Children, foreign
domestic servants, and other foreign workers sometimes were
forced to remain in situations amounting to coerced or bonded
labor (see Sections 5 and 6.e.).
d. Status of Child Labor Practices and Minimum Age for
Employment
The Labor Code prohibits employment of workers under the
age of 18 for more than 6 hours per day, and requires 1 hour
of rest if work is more than 4 hours. The law defines workers
under the age of 14 as child laborers. The amendments also
entitle children to 21 days of paid annual leave. Children are
prohibited from working between the hours of 7 p.m. and 7 a.m.
The Code also prohibits certain types of mechanical work for
children between the ages of 8 and 13 and other types for
those between the ages of 13 and 16. The law prohibits
children under the age of 18 from working in jobs that
jeopardize their health, safety, or morals. The Ministry of
Labor was responsible for enforcing these requirements;
however, it did not apply the law rigorously. During the year,
a law was passed regarding the protection of juveniles exposed
to danger.
In June Parliament ratified ILO Convention No. 138,
concerning minimum age for admission to employment. According
to the Central Statistics Administration, 7.6 percent of
working children were between the ages of 6 and 14. The report
also indicated that of this 7.6 percent, 45.3 percent were
performing all kinds of jobs, such as working in the fields
concurrently helping their parents in the home. Most of these
child laborers were citizens, but some were Syrian; they
worked predominantly in the industrial, craft, and
metallurgical sectors.
Approximately 40 percent of working children worked 10 to
14 hours per day, and few received social welfare benefits. In
addition, the active labor force included approximately 52,000
workers between the ages of 15 and 19, who were not eligible
for the minimum wage until they reached the age of 21.
e. Acceptable Conditions of Work
The Government set a legal minimum wage, currently
approximately $200 (300,000 Lebanese pounds) per month. The
law was not enforced effectively in the private sector. In
theory the courts were called upon to enforce it, but in
practice they did not. The minimum wage was insufficient to
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 Labor Law prescribes a standard 6-day workweek of 48
hours, 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 Ministry of
Labor was responsible for enforcing these regulations, and it
did so unevenly. Labor organizers reported that workers did
not have the right to remove themselves from hazardous
conditions without jeopardizing their continued employment.
Foreign domestic servants, mostly of Asian and African origin,
often were mistreated, abused, and raped (see Section 5). A
recruitment agency and the employer signed the employment
contract for a foreign worker; workers rarely were a party to
the contract or, if they were a party, might not know what the
contract stipulates because it is written in Arabic. The
recruitment agency or employers confiscated the passports of
foreign domestic workers when the workers arrived at the
airport. Labor laws do not protect foreign domestic servants.
Domestic servants often worked 18 hours per day, and in most
cases did not receive vacations or holidays. There was no
minimum wage for domestic servants; their average wage was
approximately $100 (150,000 Lebanese pounds) per month. They
had no entitlement to government financial assistance.
f. Trafficking in Persons
The law does not specifically prohibit trafficking in
persons; however, 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."
During the year, the country was a destination for African and
Asian women contracted as household workers, and Eastern
European and Russian women contracted as dancers in adult
clubs. These women may have come voluntarily; however, there
was evidence that many found themselves in coercive work
situations from which they had little practical legal
recourse. If forced prostitution or forced rendering of sexual
services occurred as a result of the abduction, the Penal Code
stipulates that the abductor be sentenced to at least 1 year
in prison.
Many women became illegal workers because their employers
did not renew their work and residency permits. Unscrupulous
employers sometime falsely accused the employee of theft in
order to relinquish responsibility for the employee as well as
the taxes and airline ticket home (see section 6.e).
Restrictions of movement and withholding of passports were
common practices. A very small number of exploited foreign
workers have won cases against their employers. The judiciary
did not usually acknowledge the violation of maids' rights,
but in a few cases, courts decided in favor of foreign workers
against whom charges had been brought. In October, the
criminal court of the Metn district acquitted two Filipino
maids from charges brought against them by their employers for
theft. In another case, a Sri Lankan maid was repatriated
after her employer dropped charges brought against her for
leaving her house.
There is no law specifically prohibiting trafficking and
during the year the Government did not prosecute such cases.
However, during the year the Government took multiple new
measures to counter trafficking, including signing on December
9 the U.N. Convention against Transnational Organized Crime
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children. Other anti-trafficking
measures included the closure of approximately 15 illegal
employment agencies for violating trafficking related
regulations by the Ministry of Labor, and participation in
awareness programs. The Government did not provide foreign
workers with relief from deportation, shelter, or access to
legal, medical or psychological services. However, social
workers from the Caritas Migrant Center have full-time access
to the government retention Center for Foreign Persons. A
number of NGOs provided pro bono legal assistance and
counseling to victims of trafficking. The Ministry of Labor
has established a complaint procedure through which it says it
will take an active role in complaint cases. To date, few
victims of trafficking have used this procedure. During the
year, the Ministry of Labor also began implementing procedures
for lodging complaints against employers or employment
agencies. |
