{"id":180790,"date":"2004-11-15T00:00:00","date_gmt":"2019-03-11T21:05:01","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=180790"},"modified":"2019-03-11T21:05:01","modified_gmt":"2019-03-11T21:05:01","slug":"auto-insert-180790","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-180790\/","title":{"rendered":"Rights of Child Convention – Committee on Rights of Child – 3rd periodic report of Lebanon"},"content":{"rendered":"
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COMMITTEE ON THE RIGHTS OF THE CHILD<\/strong><\/p><\/div>\n

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CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES<\/strong><\/p><\/div>\n

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UNDER ARTICLE 44 OF THE CONVENTION<\/strong><\/p><\/div>\n

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Third periodic reports of States parties due in 2003<\/strong><\/p><\/div>\n

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LEBANON* **<\/strong><\/p><\/div>\n

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[15 November 2004]<\/p><\/div>\n

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_______________<\/p><\/div>\n

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*  <\/strong>This report has not been edited before being submitted for translation.<\/p><\/div>\n

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**<\/span>  <\/strong><\/span>For the second report submitted by Lebanon, see CRC\/C\/70\/Add.8; for its consideration by the Committee, see documents CRC\/C\/SR.751, 752 and CRC\/C\/15\/Add.169.<\/span> <\/span><\/p>\n

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Chapter I <\/strong><\/p><\/div>\n

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IMPLEMENTATION OF RIGHTS IN THE CONVENTION<\/strong><\/p><\/div>\n

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1-1 Legislative Measures<\/strong> <\/p><\/div>\n

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…<\/p><\/div>\n

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1-2   Administrative and other Measures, Budgetary Analysis,<\/strong><\/p><\/div>\n

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Monitoring Implementation, International Cooperation<\/strong><\/p><\/div>\n

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…<\/p><\/div>\n

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1-2-10  International cooperation for implementation<\/p><\/div>\n

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…<\/p><\/div>\n

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1-2-10-2 The international program for the elimination of child labor (IPEC) <\/i><\/span>5 <\/u><\/sup><\/strong><\/a><\/p><\/div>\n

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67.   The Lebanese government signed a memorandum of agreement with ILO and IPEC and launched the program in 2000. IPEC funded in Lebanon, with the support of the French government ten projects having the following objectives: <\/p><\/div>\n

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…<\/p><\/div>\n

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 (k)   The prevention of school drop out and early entry into the labor market for children residing in Palestinian camps in Lebanon. <\/p><\/div>\n

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…<\/p><\/div>\n

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Chapter IV<\/strong><\/p><\/div>\n

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CIVIL RIGHTS AND FREEDOM<\/strong> <\/p><\/div>\n

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4-1 Name and Nationality<\/strong><\/p><\/div>\n

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 4-1-1  Blood relation <\/p><\/div>\n

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129.   The Father is the giver of nationality in Lebanon, and the legitimate born child from a Lebanese father is considered Lebanese whether born in Lebanon or outside Lebanon; the nationality of the mother is not taken into account (Article 1 and 10 of the Legislative Decision No. 15\/1925). <\/p><\/div>\n

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130.   The non-registration of a legitimate or an acknowledged child while being minor by one of his or her parents is considered as neglect and shortcomings, since Article 12 of the Law pertaining to registration at the Personal status registers dated 7\/12\/1951 imposes that every child is registered immediately after birth by one of the parents. If the delay of one year has passed (with the exception of refugees) without registration, a court lawsuit must be initiated before the first instance civil judge in order to register the child and this lawsuit is considered as a case for unregistered and not a nationality case. <\/p><\/div>\n

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131.   As for the children born out of wedlock, they are considered Lebanese if it is proven before they reach the legal age of maturity that the respective father is Lebanese whether by consent or by judicial proceedings, or if it is proven that the respective mother is Lebanese before proving that the father is a foreigner, or if the national Laws of the foreign father do not provide nationality to the newborn. <\/p><\/div>\n

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4-1-1-1 Children born on the Lebanese territory having a foreign father <\/i><\/p><\/div>\n

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132.   Foreigners in Lebanon are classified into 4 categories: “Citizenship under study”, Palestinians, Syrians and holders of foreign passports: <\/p><\/div>\n

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 (a)   Persons having their citizenship under study: The birth certificate is established by the personal status” department after referral to the Directorate General for General Security- department of special cases, whereby a copy of the issued certificate is handed over to the person in question. <\/p><\/div>\n

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 (b)   Palestinians living in Lebanon: They are registered either at the department of Palestinian refugees affairs or at the Directorate of General Security. In addition to Palestinians who are registered at Palestinian authorities outside Lebanon and have not been registered at the department of refugees affairs in Beirut, they are also treated as foreigners. If the parents fail to register a Palestinian new born within the legal time delay of one year, the administration for Palestinian affairs and not the judicial court sets out a file noting the issue and reasons for the delay and presents it to the director general, who has the authority to approve of the request for registration. This applies to the above mentioned first category of Palestinians. Whereas for the second category of Palestinians, if the parents fail to register their newborn within the legal time delay of one year, the registration of the newborn would subsequently abide by the same administrative regulations that fall under the category” registration under study”. <\/p><\/div>\n

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 (c)   Syrians: The birth certificate of a newborn from a Syrian father is transferred to the Syrian authorities before execution in Lebanon, to be certified and returned to the Lebanese department for the registration of foreigners. <\/p><\/div>\n

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 (d)   Holders of foreign passports: For born children in Lebanon from a foreign father, the latter has to prove that he is legally married by forwarding his marriage papers in order for his child to be registered, then a copy of the birth certificate is sent to the relevant embassy. <\/p><\/div>\n

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 (e)   The Lebanese mother married to a foreigner and who has lost her husband, in any case cannot give her nationality to her child, despite the fact that this contradicts the best interest of the child. <\/p><\/div>\n

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…<\/p><\/div>\n

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Chapter VIII<\/strong><\/p><\/div>\n

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SPECIAL PROTECTION MEASURES<\/strong> <\/p><\/div>\n

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8-1 Refugee Children<\/strong><\/p><\/div>\n

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 8-1-1 Introduction<\/p><\/div>\n

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445.   Lebanon hosts a number of refugees estimated at 2600 refugees belonging to various nationalities including Iraki, Sudanese, Somali, and other nationalities. Since nationalization is not allowed by the national constitution, support to refugees is consists of finding permanent solutions to their problems through supporting their right to return to their countries. Given the limited services provided by the government to non-Palestinian refugees, one of the active NGOs in this field provides services and help on various levels to refugees that are acknowledged by the United Nation Refugee Agency (UNHCR). <\/span>47<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span><\/p><\/div>\n

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446.   Palestinian refugees in Lebanon are divided into two groups, the registered and non-registered. The registered refugees are those registered at the United Nations Relief and Works Agency (UNRWA), the majority had left Palestine after the 1948 war, their numbers are estimated at 382973 persons. Children constitute 35% (0 to 18 years). This group is considered according to the Lebanese law as foreigners. <\/p><\/div>\n

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447.   The other group of refugees were not registered at UNRWA; they entered Lebanon in 1956. However, they don’t have the right to a residency permit, and consequently their children are in especially difficult circumstances, with no birth certificates or proof of their Palestinian nationality, consequently they cannot receive the UNRWA services in a formal manner. Their number in Lebanon is not known. <\/span>48<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span><\/p><\/div>\n

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  8-1-2 Domestic and international legislation<\/p><\/div>\n

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448.   In January 1999, Decree 478 was annulled, requiring an exit and entry visa from Palestinians. This step has facilitated the reunification of families and reinstated the freedom of travel for Palestinians. <\/p><\/div>\n

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449.   A series of laws protecting the rights of children and women were promulgated by the Lebanese Judiciary. Namely the law enacting compulsory elementary education, the prohibition of gender discrimination in the workplace, the reduction by half of entrance fees to tourist sites and museums for children and the disabled, and the protection of detained children in conflict with the law. <\/span>49<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span>These laws were previously mentioned.<\/span><\/p><\/div>\n

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450.   In 1959, Lebanon created the Directorate for the Affairs of Palestinian Refugees (Decree 42) under the Ministry of Interior and the Directorate General for political and refugees affairs. The Directorate functions were defined and they include among other: <\/p><\/div>\n

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 (a)   Coordination with UNRWA on relief, shelter, education and health and social issues; <\/p><\/div>\n

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 (b)   Issuance of travel documents;<\/p><\/div>\n

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 (c)   Registration of personal status documents;<\/p><\/div>\n

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 (d)   Determining the location of refugee camps.<\/p><\/div>\n

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451.   A memorandum of agreement was recently signed by UNHCR and the Security General whereby providing those refugees that submit asylums demand starting from the date 9\/9\/2003, further facilities, including fast registration, issuance of travel documents and provision of help as required… <\/p><\/div>\n

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452.   The single instrument available to Palestinian refugees and that confers to them civil rights is the Casablanca Protocol which gives them the right to equal treatment with nationals in the Arab host countries except for citizenship. Lebanon has ratified the Casablanca Protocol with reservations and amendments but has never fully implemented it. <\/span>50<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span>This can be attributed to the close connection between the problematic of the Palestinian refugees issue and the political situation in Lebanon, rendering various recommendations and instruments pending. The Lebanese government remains the main responsible party for the refugees civil rights, however the responsibility for their basic rights including health, education, and relief is UNRWA’s, the latter is gradually downsizing its services due to the constant lack of funding which weakened its regular programs in the last years. Therefore funding countries should abide by their commitments and pay UNRWA their dues, whereby enabling the Agency to assume its duties to all refugees, especially that host countries, including Lebanon suffer from a difficult economic situation. <\/span><\/p><\/div>\n

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453.   In that context few recommendations are in order, pertaining to the ratification of Lebanon of certain treaties relating to the situation of refugees in 1951 and its protocols in 1967, and people with no nationality in 1954, and reducing the number of no-nationality cases in 1961, in addition to the necessity of implementing the Casablanca Protocol. The cause of the delay of Lebanon in joining these treaties and implementing them is the complexity of the political situation relating to the issue of providing nationality to Palestinian in Lebanon, an issue unanimously refused by the Lebanese according to the documents of the national covenant, that was enacted at El Taef. <\/p><\/div>\n

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  8-1-3 Services provided to refugee children<\/p><\/div>\n

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8-1-3-1 Services provided to non-Palestinian refugee children<\/i> <\/p><\/div>\n

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454.   The number of non-Palestinian refugee children (0-18 years) was estimated at approximately 1000-1200 children for the period 1998-2002. <\/p><\/div>\n

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(a<\/i>)   Types of services provided to refugees<\/p><\/div>\n

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(i<\/i>)   Monthly financial support<\/p><\/div>\n

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455.   These services are provided to families depending on the family member size, they help in covering daily expenses such as rent. Children benefit as part of the families. <\/p><\/div>\n

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(ii<\/i>)   Medical services<\/p><\/div>\n

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456.   The refugees program ensures financial coverage of 70% of the medical bill: medications, vaccines, medical tests (in-patient and outpatient) and all types of surgical operations. Refugees pay the difference of 30% directly to the medical service provider: pharmacies, hospital, medical center. Patients in general and especially difficult cases are followed-up by social workers, the attending physician, hospital, medical center and pharmacy. The teams are supported by a consulting physician who follows up certain cases, and gives advice and guidance to the teams and refugees alike. Health education sessions are organized for mothers pertaining to raising children and taking care of sick children and the importance of immunization. <\/p><\/div>\n

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(iii<\/i>)   Education services<\/p><\/div>\n

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457.   Education services include all refugee children starting from pre-school until reaching secondary level. Vocational education is emphasized especially for adolescents. Parents and children have the freedom to choose the school where children are enrolled. The refugee office pays a yearly financial scholarship. Children are followed-up all the year through in order to find appropriate solutions in cases of low achievements or drop-outs and other education related problems. Children that were never enrolled in schools are taken care of in order to assess drop out reasons and find rehabilitation measures. <\/p><\/div>\n

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 <\/strong>(iv<\/i>)   Leisure activities<\/p><\/div>\n

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458.   The refugees program organizes during summer time of each year summer camps in collaboration with social facilitators and specialists. Around 55 refugee children participate. The program includes cultural and leisure activities that emphasize the importance of co-existence and reconciliation between all groups and races living on the Lebanese territories. In addition to teaching children daily life skills namely: daily dental hygiene, personal hygiene, housekeeping work, taking care of personal items. The program also organizes parties, outings and theatre for children. <\/p><\/div>\n

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(v<\/i>)   Awareness-raising<\/p><\/div>\n

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459.   Awareness raising programs were developed for the Middle East countries in order to introduce the communities to the refugee issues and incite them to help them, including training workshops for social workers in order to provide services to refugees and emergency assistance. Relevant publications were prepared and disseminated in all Middle Eastern countries. <\/p><\/div>\n

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(b<\/i>)   Constraints hindering services to refugees<\/p><\/div>\n

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   <\/i>(i<\/i>)   Education<\/p><\/div>\n

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460.   Unavailability of specialized education programs that prevent school drop-out and help integration of refugee children in Lebanese schools. Lack of vacant places in Public schools, especially in Beirut. The declining quality of education in many private schools. Psychological instability of refugee children and their mysterious future. <\/p><\/div>\n

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   <\/i>( ii<\/i>)  Health<\/p><\/div>\n

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461.   The high cost of all medical services in Lebanon in comparison to low incomes. Limited resources and capacities in governmental hospitals, especially governorates and regions outside Beirut. Insufficient number of governmental hospitals. <\/p><\/div>\n

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(iii<\/i>)   Social<\/p><\/div>\n

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462.   The Housing facilities are frequently inadequate, requiring rehabilitation of populated streets in relation to cleanliness, water, playgrounds… <\/p><\/div>\n

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(iv<\/i>)   Protection<\/p><\/div>\n

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463.   There is a need to provide children with the relevant documentation in order prove their legal status on the Lebanese territories. Early Child Labor (12-13 years), dropping out of school and joining the labor market. Arrest of parents and adolescents for several reasons, whereby affecting negatively children in relation to living, emotion, education and psychology. Unemployment that impact negatively on all aspects of children lives. The unstable situation of refugee children that affect their integration in the Lebanese society. <\/p><\/div>\n

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8-1-3-2   Services provided to Palestinian refugee children<\/i><\/p><\/div>\n

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464.   The overall registered Palestinian Children (0-18 years) with UNRWA until 2003 was approximately 126960 (64977 Male and 61983 Female). They receive social services that are provided by UNRWA. <\/span>52<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span><\/p><\/div>\n

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(a<\/i>)  Types of services provided to Palestinian refugees<\/p><\/div>\n

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(i<\/i>)  Health care services <\/p><\/div>\n

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465.   UNRWA provides children from birth until 3 years of age the following health services: <\/p><\/div>\n