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Lebanon 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
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. 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 StatusThe
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. WomenThe 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. ChildrenEducation
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 MinoritiesAccording 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 Rightsa. 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. |