Country Reports on Human Rights Practices - 2001
Released by the Bureau of Democracy, Human Rights, and Labor
March 4, 2002
Lebanon is a parliamentary republic 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 and the outcome was heavily influenced by
the Syrian Government; however, there reportedly were fewer voting
irregularities than in the 1996 parliamentary elections. The judiciary is
independent in principle; however, in practice it is subject to political
pressure.
Non-Lebanese military and paramilitary forces retain significant influence over
much of the country. In 1989 the Arab League brokered a peace settlement at Taif,
Saudi Arabia, to end the country's civil war. According to the Taif Accord, 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 has not
carried out this partial redeployment and has prevented implementation of other
political reforms stipulated by the Taif Accord. Strong Syrian influence over
Lebanese politics and decision makers makes 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 does 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 are stationed in locations throughout the
country, excluding the south; during the year, some Syrian troops redeployed
from positions in Beirut and Mount Lebanon to Syria and to more eastern
positions in Lebanon. An undetermined number of Syrian military intelligence
personnel in the country continue to conduct their activities independently of a
1991 security cooperation agreement between the governments of Syria and
Lebanon.
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). Prior to the Israeli withdrawal, with the tacit
support of the Government, the Iranian-backed Shi'a Muslim faction Hizballah,
and, to a much lesser extent, the Lebanese Shi'a group Amal and some Palestinian
guerrillas were locked in a cycle of attack and counterattack with Israeli and
SLA troops. In May 2000, after 22 years of occupation, Israeli Defense Forces (IDF)
troops withdrew from the south and West Biqa', and the SLA disbanded. Following
the withdrawal, the Government deployed more than 1,000 police and soldiers to
the former security zone, and Hizballah guerrillas maintained observation posts
and conducted patrols along the border with Israel. The United Nations Interim
Forces in Lebanon (UNIFIL), which was established in 1978, also increased its
area of operations following the Israeli withdrawal. The Government has not
attempted to disarm Hizballah.
Palestinian groups operate autonomously in refugee camps throughout the country.
Several armed Palestinian factions are located in the refugee camps, although
their freedom of movement is restricted significantly. The Government has not
attempted to assert state control over the Palestinian camps.
Hizballah, Palestinian groups, and the influence of the Syrian Government all
undermined the authority of the central Government during the year and
interfered with the application of law in those areas not completely under the
Government's control.
The security forces consist of the Lebanese Armed Forces (LAF), which may arrest
and detain suspects on national security grounds; the Internal Security Forces (ISF),
which enforce laws, conduct searches and arrests, and refer cases to the
judiciary; and the State Security Apparatus and the Surete Generale, both of
which collect information on groups deemed a possible threat to state security.
The Surete Generale is 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 address national security issues and "morals." The security forces
committed serious human rights abuses.
The country of approximately 3-3.5 million has a market-based economy, in which
the majority of the private sector work force is employed in the service sector
such as banking and commerce. There is a small industrial sector, based largely
on clothing manufacturing and food processing. Following 2 years of recession,
the economy is showing faint signs of recovery. Growth was estimated at between
0.5 and 1.5 percent during the year--compared to flat growth in 2000. The
central bank maintained currency stability by intervening on the foreign
exchange market to meet a strong dollar demand, thus placing a drain on its
reserves. Inflation remained low, and was estimated at 1 percent. Per capita
gross domestic product (GDP) was an estimated at $5000 in 2000, and the
unemployment rate was estimated at about 15 to 20. Approximately 30 percent of
those unemployed are under age 26. Lebanon suffers from a crippling debt burden,
which reached about $28 billion by the end of the year, reaching approximately
172 percent of the GDP. The budget deficit reached 45.6 percent of expenditures,
compared to 51 percent in 2000. Government deficit as a percentage of GDP is
estimated to be about 24.8 percent.
The Government's overall human rights record was poor, and serious problems
remain, although there were some improvements in a few areas. The right of
citizens to change their government remains significantly restricted by the lack
of complete government control over parts of the country, shortcomings in the
electoral system, and Syrian influence. The 2000 parliamentary elections were
flawed and suffered from Syrian government 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. During August
army intelligence officers arrested more than 100 supporters of exiled General
Michel 'Awn and the banned Lebanese Forces militia group. Lengthy pretrial
detention and long delays in trials are problems, although a new Code of
Criminal Procedure was enacted during the year in an attempt to address such
issues. The courts are subject to political pressure. International observers
have reported that the trials of former SLA personnel, which began in 2000 and
continued during the year, were not free and fair. The Government infringed on
citizens' privacy rights and continued surveillance of political activities
during the year. The Government limited press freedom by continuing to harass,
abuse, and detain journalists throughout the year, forcing other journalists to
practice self-censorship. The Government continued to restrict radio and
television broadcasting in a discriminatory manner. Journalists practice
self-censorship. The Government continued to restrict freedom of assembly and
imposed some limits on freedom of association. There are some restrictions on
freedom of religion. The Government imposes 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 are problems.
After the IDF withdrawal in May 2000 and the subsequent collapse of the SLA, the
cycle of violence in and around the former Israeli security zone decreased
significantly. However, there continued to be a number of cross-border attacks
by Hizballah and counter-attacks by Israeli forces. Palestinian groups in
refugee camps maintain a separate, often arbitrary, system of justice for
Palestinians living in the camps. Palestinians sometimes may appeal to Lebanese
authorities for legal recourse, often through their agents in the camps.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of the arbitrary or unlawful deprivation of life committed
by the Government or its agents during the year.
Four persons died in custody during 2000. In January 2000, a Sudanese asylum
seeker, Abdallah Juma' Jarkum, died of malaria in Zahle prison. Prison officials
reportedly did not offer him medical treatment before his death. An elderly SLA
member died in custody in June 2000, allegedly because prison officials refused
to provide him with his medicine, which was manufactured in Israel. In November
2000, one SLA detainee, Redwan Shakib Ibrahim, died of cancer and another SLA
detainee, Barakat al'Amil, died of complications resulting from high blood
pressure. The Military Court initiated an investigation into the deaths of two
SLA detainees to determine whether or not they received proper medical
treatment; however, its investigations were ongoing at year's end. Subsequent to
the deaths of the SLA detainees, the Government announced that it would review
the medical records of all SLA detainees to ensure that they receive proper
treatment (see Section 1.c.). In a March statement, state prosecutor Adnan
Addoum announced that Jarkum and Qarut died in prison of heart attacks, Qarut
died in prison of a heart attack, Ibrahim died of an embolysm after undergoing
two surgical operations in an attempt to save his life, and al-'Amil died of
severe bleeding in the brain.
In December 1999, Sunni extremists killed four LAF soldiers in an ambush in the
northern region of Dinniyeh after the soldiers attempted to arrest two Sunni
Muslims allegedly involved in a series of church bombings. On December 31, 1999,
the LAF retaliated by launching a massive military operation against Sunni
insurgents in the north. Five civilians, 7 LAF soldiers, and 15 insurgents were
killed in the operation (see Section 1.c., 1.d., and 5).
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 involve
individuals connected to political groups or accused of criminal activity.
There were no new developments in the case of the June 1999 killings of four
judicial officials at a courthouse in Sidon. The perpetrators reportedly are
members of the outlawed Palestinian group "Asbat al-Ansar;" however, government
authorities did not arrest any of the suspected gunmen, who are believed to be
hiding in the Palestinian refugee camp of Ain-Al Hilwah.
A military tribunal in 1999 sentenced Captain Camille Yared to 10 years in
prison and 4 Lebanese Forces militiamen to death in absentia for carrying out a
1996 bus bombing in Syria, which killed 11 persons. The court also sentenced 13
other Lebanese Forces members to 7 years in prison. In January the military
tribunal, on appeal, reduced the sentence for Captain Camille Yared to 7 years
in prison and affirmed the sentences of the four Lebanese Forces militiamen.
On January 26, 2000, the Court of Cassation (Supreme Court) reaffirmed the 1998
verdict in the case of the 1976 killing of U.S. Ambassador Francis Meloy,
Embassy officer Robert Waring, and their driver, Zohair Moghrabi. The Court
upheld defendant Tawfiq Mohammad Farroukh's acquittal on the charge of murder
and conviction for the lesser crime of kidnaping. The Court ruled that the
verdict made Farroukh eligible for amnesty under the 1991 Amnesty Law.
The cycle of violence in and around the former Israeli controlled security zone
decreased significantly following the IDF withdrawal in May 2000. However, there
have been a number of violent cross-border incidents since the withdrawal.
On January 26, two members of the Popular Front for the Liberation of
Palestine-General Command (PFLP-GC) were killed and a third wounded by Israeli
forces near Bastara Farm in Lebanon, which borders Sheb'a Farms (part of the
Israeli-occupied Golan Heights, which Lebanon claims as its territory). The
Israeli army claimed that the victims were attempting to launch cross-border
attacks.
In April Hizballah launched a guided missile attack on Sheb'a Farms, killing one
Israeli soldier. For the first time in more than 10 years, Israel responded
against a Syrian target in Lebanon, bombing a Syrian radar station in Mudayrej
and killing three Syrian soldiers.
On June 29, Hizballah attacked Sheb'a Farms with mortar and rockets, wounding
one Israeli soldier. On July 1, Israeli warplanes destroyed a Syrian army radar
base in the Biqa' Valley, wounding three Syrian and one Lebanese soldier.
Hizballah responded to the air raid by firing mortars against Israeli outposts
in Sheb'a Farms and destroying an Israeli radar post in Jabal al-Shaykh. The
Israeli Defense Forces responded with artillery shelling.
In October 1999, one person was killed when a bomb exploded in a Maronite church
in Beirut (see Section 5).
There are approximately 380,000 landmines in the former security zone that had
been occupied by Israel. UNIFIL statistics on recorded landmines in the former
security zone indicate that 50,644 antipersonnel mines are located in 108
minefields along the Lebanon-Israel border. Since the Israeli withdrawal in May
2000, there have been 26 deaths and 167 injuries as a result of landmine
accidents. Agence France-Press reports that 13 Lebanese civilians were killed
and more than 70 were injured as a result of landmines and other explosive
devices since May 2000.
b. Disappearance
There were no reports of politically motivated disappearances.
In 1999 the Government established a military commission to investigate the fate
of those who disappeared during the civil war. In September 2000, the commission
concluded that all persons who disappeared at least 4 years before the end of
the civil war were dead. The Government endorsed the commission report and then
Prime Minister Salim al-Hoss called on all families to "accept reality despite
its bitterness."
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 by the commission, the Government formed a new committee to
reexamine the cases of those who had disappeared during the civil strife. The
committee had received about 800 applications from family members by year's end.
The committee was scheduled to issue a report to the Government on its findings;
however, the Government granted it a 6-month extension to complete the report.
In October 2000, Hizballah guerillas kidnaped 3 Israeli soldiers on patrol in
the Sheb'a Farms area of the Golan Heights, and demanded that the Israeli
Government release Lebanese political detainees held in Israeli prisons in
return for the soldiers' release. In October the Israeli Government announced
that it believed the soldiers were dead. Hizballah made various demands for the
release of other Arab prisoners, especially Palestinians, during the year.
Hizballah kidnaped IDF reservist Elhann Tannenbaum in Lebanon in October 2000.
He was presumed to still be detained at year's end.
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 report that torture is a common
practice. Violent abuse usually occurs during the preliminary investigations
that are conducted at police stations or military installations, in which
suspects are interrogated in the absence of an attorney. Such abuse occurs
despite laws that prevent judges from accepting any confession extracted under
duress.
Methods of torture reportedly included beatings, applying electric shocks to the
genitals, and suspension by arms tied behind the back.
On July 18, 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. No measures had been taken by year's end.
The Government initially held incommunicado most of the 3,000 SLA personnel who
surrendered to authorities following the IDF's withdrawal from the south in May
2000; 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 -and other human rights organizations reported
that some detainees were beaten, handcuffed, blindfolded, and forced to lie face
down on the ground.
In 1999 police officials allegedly tortured in detention a number of Sunni
youths who were suspected of involvement in a series of church bombings (see
Sections 1.a., 1.d. and 5).
On April 21, a supporter of Samir Ja'Ja' was injured badly during a raid by
security forces on a sit-in that he and other Ja'Ja' supporters were holding
(see Section 1.e.).
In August security forces arrested hundreds of supporters of exiled General
Michel 'Awn, and detained the former political advisor of the disbanded Lebanese
Forces, Samir Ja'ja (see Section 1.d.). Some of those arrested claimed that
officers had mistreated them physically. 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. There were reports during the year that members of
the various groups who control the camps detained their Palestinian rivals (see
Section 1.d.).
Prison conditions are poor and do not meet minimum international standards. The
Ministry of Interior operates 18 prisons with a total capacity of 3,840 inmates.
However, prisons are overcrowded, with a total population of approximately
7,230. Inmates lack heat, adequate toilet facilities, and proper medical care.
The Government has not allocated funds for the reform of the prisons. In
September the Beirut Bar Association organized a conference composed of local
and international participants to underscore the need for local penal reform.
The head of the Association described the country's prison facilities as "unfit
for animals."
In May members of the Parliamentary Commission for Human Rights visited all
prisons in the country with the exception of 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 have been
convicted.
Amnesty International issued a report in August on prison conditions for women.
The report stated that women in pre-trial detention are routinely denied the
protection of the law and held for long periods incommunicado. Many have been
coerced to confess guilt or to testify against themselves. Amnesty International
also reported that conditions in the four women's prisons "have serious
shortcomings, including overcrowding, lack of hygiene and inadequate medical
attention." Individual accounts contained in the report described physical and
psychological torture by prison officials, including severe beating, threats,
and the use of sexually abusive language. Amnesty International claimed that the
safeguards contained in the Constitution and the laws against incommunicado
detention, torture, and ill-treatment are insufficient and frequently are
breached in practice. Amnesty International went on to report that when police,
prosecutors, or judges are notified of violations, they fail to take sufficient
actions against those responsible.
The Government made an effort to carry out rehabilitation for some inmates.
Inmates at Roumieh prison participated in vocational activities, such as
computer training courses, to provide them with skills upon release. In
September 2000, 36 inmates in Roumieh prison received certificates of
accomplishment following completion of a computer training program.
In May the Government concluded its investigation into the deaths in custody of
three SLA detainees in 2000 (see Section 1.a.).
The Surete Generale, which is in charge of border posts, operates a detention
facility. Hundreds of foreigners, mostly Egyptians and Sri Lankans, are detained
there pending deportation. The Surete Generale opened a new detention facility
during the year, which reportedly provides somewhat better conditions than the
old facility.
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, is kept in solitary confinement in a prison in the basement of
the Ministry of Defense. He is permitted minimal exercise and allowed only
periodic visits from his family and lawyers. He is not allowed to read
newspapers or listen to the radio. Government officials stated that his solitary
confinement is necessary for his own protection. During the year, the Prosecutor
General granted Ja'Ja' permission to receive The Economist, provided that all
political content is removed.
Local journalists and human rights organizations were given access to certain
prisons during the year. Access to prisons that are controlled by the Ministry
of Defense was not permitted. Following the Israeli withdrawal from the south in
2000, the Government did not grant independent monitors access to former SLA
soldiers in custody. In December 2000, government officials stated that
International Committee of the Red Cross (ICRC) representatives would be allowed
to visit all SLA detainees; however, this had not occurred by year's end.
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, al-Khiam prison, 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. Before its May 2000 dissolution, the SLA allowed representatives of the
ICRC and family members of inmates to visit detainees at al-Khiam prison.
d. Arbitrary Arrest, Detention, or Exile
The law requires security forces to obtain warrants before making arrests;
however, the Government uses arbitrary arrest and detention. Military
intelligence personnel make arrests without warrants in cases involving military
personnel and those involving espionage, treason, weapons possession, and draft
evasion (see Section 1.e.). The Parliamentary Commission for Human Rights stated
in May that of the 7,230 persons being held in prison, only 2,500 have been
convicted.
Under the former Code of Criminal Procedures, which was replaced by a new code
in November, authorities could detain suspects for an unlimited period before
referring them to an examining judge. Although the former Code permitted
interrogation only by an examining judge, the police and prosecutor regularly
interrogated suspects. Bail was not available in criminal cases. A new Code of
Criminal Procedures was enacted by the Parliament in August, and entered into
force in November. 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 concurrence 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 are not being
observed in practice. Some police and members of the judiciary have claimed that
they were not properly informed of the new provisions.
Defendants have the right to legal counsel, but there is no state-funded public
defender's office. The Bar Association operates an office for those who cannot
afford a lawyer, and the court panel on many occasions has 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
protestors (see Section 2.b.). The Government also detained, interrogated, and
beat journalists (see Section 2.a.).
In August 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 submitted to signing. 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 30, when they were released on bail; they face
indictment for allegedly concealing information regarding collaboration with
Israel. Three of those arrested remained in custody at year's end.
In 1999 police officials detained and allegedly tortured a number of Sunni
youths for suspected involvement in church bombings; however, the youths later
were released due to a lack of evidence (see Sections 1.a., 1.c., and 5).
The Government initially held incommunicado most of the 3,000 SLA members who
surrendered to the authorities following the IDF's withdrawal from the south in
May 2000 (see Section 1.c.); however, lawyers and family members have since been
provided access. The authorities often detain without charges for short periods
of time political opponents of the Syrian and Lebanese Governments. All of the
former government officials who were detained in 1999 on charges of embezzlement
or misuse of power have been acquitted or released on bail. The former officials
were detained without charge for prolonged periods of time in Roumieh prison, in
violation of the law. Legal action against them remains pending; however, they
are free to travel abroad.
Palestinian refugees are subject to arrest, detention, and harassment by state
security forces, Syrian forces, and rival Palestinians.
There were no allegations during the year of the transfer of citizens by
government authorities to Syria. In December 2000, the Syrian Government
transferred 46 Lebanese citizens, 7 Palestinian residents of Lebanon, and 1
Egyptian citizen from Syrian prisons to Lebanese custody. The Government
announced that it would review each case; those who had completed their
sentences would be released, others would complete their sentences in government
custody. Nine of those turned over remained in custody at year's end, including
Abu Haytham Karara, an official of the Progressive Socialist Party. No formal
charges were brought against them. Human rights activists believe that there are
still Lebanese detainees in Syrian prisons; however, the exact number is
unknown. Amnesty International reported in 1999 that "hundreds of Lebanese,
Palestinians, and Jordanians have been arbitrarily arrested, some over two
decades ago, and remain in prolonged and often secret detention in Syria."
According to Amnesty International, Syrian forces operating in Lebanon carried
out searches, arrests, and detentions of Lebanese nationals outside any legal
framework. The Government formed a committee in December 2000 to investigate
cases of those who disappeared during the civil strife (See Section 1.b.). The
committee solicited applications from concerned families. Although it was due to
issue a report on its findings by year's end, the Government granted the
committee an additional 6 months to complete its report.
In August 2000, Syria released Shaykh Heshem Mingara, a radical Sunni member of
the Islamic Unification Movement ("Tawheed"), who was arrested by Syrian forces
in 1985 and transferred to Syria.
Abuses occurred in areas outside of the State's authority, including the
Palestinian refugee camps. There were reports during the year that members of
the various groups who control the camps detained their Palestinian rivals.
There were credible reports that Hizballah detained numerous former SLA
militiamen in 2000 before handing them over to government authorities for trial.
There were no reports that Hizballah conducted arbitrary arrests in areas
outside central government control during the year.
Prior to the Israeli withdrawal, the SLA operated its own detention facility,
al-Khiam prison. There were frequent reports of torture and mistreatment of
detainees. Following the disbandment of the SLA in May, all of the prison's 140
inmates were released. A number of former inmates publicly recounted incidents
of abuse by prison officials (see Section 1.c.).
In April 2000, the Israeli Government released 13 Lebanese detainees who were
held without charge in Israel for as long as 14 years; the former detainees
returned to Lebanon under the auspices of the ICRC. Israel continues to hold 21
Lebanese citizens, including Sheikh Abed al-Karim Obaid and Mustafa Dirani.
Forced exile is not practiced regularly; however, in 1991 the Government
pardoned former army commander General Michel 'Awn and two of his aides on the
condition that they depart the country and remain in exile for 5 years. 'Awn was
accused of usurping power. He remained in France at year's end. Former President
Amine Gemayel, who lived in France in exile for the past 12 years, returned to
the country in July 2000 and again became active in political life.
e. Denial of Fair Public Trial
The judiciary is independent in principle; however, it is 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 intervene to protect their supporters from
prosecution.
The judicial system consists of the regular civilian courts; the Military Court,
which tries cases involving military personnel and 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 appoints all other judges according to a formula based
on the religious affiliation of the prospective judge. A shortage of judges has
impeded efforts to adjudicate cases backlogged during years of internal
conflicts. Trial delays are aggravated by the Government's inability to conduct
investigations in areas outside of its control.
In general, trials are public, but judges have the discretion to make a court
session secret. Defendants have the right to be present at trial and the right
of timely consultation with an attorney. Defendants may confront or question
witnesses against them but must do so through the court panel, which decides
whether or not to permit the defendant's question. Defendants and their
attorneys have access to government-held evidence relevant to their cases and
have the right of appeal. These rights generally are observed in practice.
Defendants on trial for security cases, which are heard before the Judicial
Council, have the same procedural rights as other defendants; however, there is
no right to appeal in such cases. The testimony of a woman is equal to that of a
man (see Section 5).
Persons arrested by military intelligence are referred to the Military Court.
The Military Court has jurisdiction over cases involving the military as well as
those involving espionage, treason, weapons possession, and draft evasion. In
June 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
(NGO's) reported that the trials were open to journalists and members of the
public but were not fair. Amnesty International reported that such summary
trials, with barely 7 minutes spent on each individual, neither allowed the
innocent to be acquitted nor ensured the discovery of those who may be guilty of
war crimes. According to Amnesty International, 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 file 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 2,700 former SLA members had been tried and convicted
since Israel's withdrawal from south Lebanon in May 2000; none of the 665 tried
during the year were acquitted. In total, former SLA members received sentences
ranging from 1 week to life imprisonment. Approximately one-third of the former
SLA members received 1-year prison sentences and about 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).
Twenty-one 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. Following attacks by
angry crowds on two former SLA members in their villages, in 2000 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. No similar
sentences were issued during the year. There were no new reports during the year
that former SLA members who returned to their villages were subjected to regular
harassment by the Government or Hizballah. By the year's end, the Government had
released all but 1 of the 220 SLA militiamen who were tried following the June
1999 SLA withdrawal from Jezzine.
In March the Government indicted in absentia Raghda Dergham, a correspondent for
al-Hayat newspaper, on charges of "fraternizing with the enemy" for her public
appearance in the United States with an Israeli official. In November a military
court acquitted her of the charge in absentia (see Section 2.a.).
On April 21, members of the security forces raided a sit-in being held by
supporters of Samir Ja'Ja' on the occasion of the seventh anniversary of Ja'Ja's
detention. The security forces arrested four of the demonstrators. One of the
supporters was badly injured during the raid and was transported to a hospital
for treatment. Two of those arrested were referred to the military court and
found guilty of insulting the President of the Republic and the president of a
neighboring and friendly state. They were sentenced to 10 days in prison. The
others were released and no charges were brought against them.
On April 30, the Military Court of Cassation nullified a verdict issued by the
Permanent Military Tribunal, which had sentenced the owner of an Internet
service provider (ISP) and a human rights activist to 1 month in prison. The
Court of Cassation instead fined them each $200 (300,000 Lebanese pounds) (see
Section 2.a.).
In May 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; Mugraby's challenge of the decision
remained pending at year's end (see Section 2.a.).
On August 16, the Government arrested without warrant Antoine Bassil, a
correspondent for a Saudi Arabian television station, for his alleged
association with Israeli officials. Bassil could face the death penalty if found
guilty. The trial had not begun by year's end (see Section 2.a.).
On August 19, 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. The charge carries a maximum sentence of death. He
remained in custody at year's end.
Authorities referred at least 77 of those supporters of General Michel 'Awn and
Samir Ja'Ja who were arrested by security forces in August 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, who
authorities arrested in August, 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. He faces a maximum sentence of death
if convicted. The Court of Cassation ruled in September that the military court
did not have jurisdiction in 63 of the cases, which were transferred to a
criminal 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. Court sessions have been scheduled for February 2002 (see
Section 1.d.).
On August 8, nine supporters of General Michel 'Awn were convicted by the
Permanent Military Tribunal for distributing illegal flyers and defamation
against the Head of State. Sentences varied from between 5 to 45 days.
In April 2000, the military court sentenced eight students to between 10 days
and 6 weeks in prison following their participation in demonstrations against
the presence of Syrian troops in the country. All of the students had been
released by the end of 2000.
Palestinian groups in refugee camps operate 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 interfere 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 is not respected.
The Government and Syrian intelligence services use informer networks and
monitor telephones to gather information on their perceived adversaries. The
Army Intelligence Service monitors the movements and activities of members of
opposition groups (see Section 2.b.). The Government concedes that telephone
calls are monitored by security services but claims that monitoring occurs only
with prior authorization from competent judicial authorities. During September
1999 parliamentary hearings, the Speaker of Parliament, the Minister of
Interior, and the Surete Generale Director General publicly acknowledged that
government officials frequently monitor citizens' private telephone
conversations.
Politicians and human rights advocates report increasing and more overt
government intelligence services' surveillance of political meetings and
political activities across the religious and political spectrum. In October
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 has not yet
adopted the necessary implementing decrees.
Militias and non-Lebanese forces operating outside the area of central
government authority frequently have violated citizens' privacy rights. Various
factions also use informer networks and the monitoring of telephones to obtain
information regarding their perceived adversaries.
In August 2000, government officials raided the office of an Internet service
provider (ISP), based on allegations that the ISP was distributing pornographic
materials through the operation of a Web site aimed at the homosexual community.
In March the Permanent Military Tribunal tried the owner of the ISP and a human
rights activist on charges of violating national security and sentenced them to
1 month in prison. However, in April the Military Court of Cassation vacated the
sentence and substituted a fine of $200 (300,000 Lebanese pounds) (see Section
2.a.).
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 limits this right in practice, particularly by intimidating
journalists and broadcasters into practicing self-censorship. The Government
censors television broadcasts on a case-by-case basis.
Although there were repeated attempts to restrict the freedom of opinion and
speech during the year, daily criticism of government policies and leaders
continued. For example, in August the media devoted substantial coverage, much
of it critical, to the arrests of supporters of exiled General Michel 'Awn and
the Lebanese Forces (see Section 1.d.). Dozens of newspapers and hundreds of
periodicals are published throughout the country and are financed by various
local and foreign groups. While the press is independent, press content often
reflects the opinions of financial backers.
The Government has several legal mechanisms at its disposal to control freedom
of expression. The Surete Generale is authorized to approve all foreign
magazines and nonperiodical works, including plays, books, and films, before
they are 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 contains 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 censor themselves on matters
related to Syria.
On several occasions throughout the year, authorities detained persons for
distributing antigovernment and anti-Syria leaflets. The military court
sentenced nine students to varying lengths of time in prison. All of the
students had been released by year's end (see Sections 1.d. and 1.e.).
In May 2000, lawyer Muhammad Mugraby criticized the country's judicial system at
a press conference. The State Prosecutor's Office requested that the Bar
Association lift Mugraby's immunity (all lawyers enjoy immunity), to permit his
prosecution for defaming the judiciary. The Bar Association complied with the
request; however, Mugraby challenged the decision of the Bar Association. The
case remained pending at year's end (see Section 1.e.). In June 2000, the
military court sentenced a man to 1 year in prison for calling on the public to
celebrate the death of the late Syrian president Hafiz al-Asad (see Section
1.e.).
In 1999 President Lahoud announced that under his tenure no charges would be
brought against any journalist because of his writings or opinions; however, the
Government continued to harass, abuse, and detain journalists throughout the
year. In March the Surete Generale confiscated the passport of prominent
journalist Samir Kassir upon his return to the country after a short trip. The
Surete Generale informed Kassir that it was attempting to verify the
circumstances under which he obtained his passport. Earlier in the month, Kassir
had used the term "private security" in an editorial to refer to the Surete
Generale, whose chief reportedly had played a role in negotiating a solution to
a dispute between the LAF and political shareholders of Lebanon Broadcasting
Corporation International (LBCI) television station. On April 9, the Surete
returned Kassir's passport, but noted that it was conducting further
investigations into his naturalization file. Security agents followed Kassir
during the period in which his passport was confiscated.
On March 13, the Government confiscated the film of several reporters covering
demonstrations by The Free Patriotic Movement, or Awnists (see Section 2.b.).
In August 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.
On August 9, two journalists were beaten and one journalist was detained by
intelligence services agents for reporting on a demonstration against the
arrests of activists for the Free Patriotic Movement and the Lebanese Forces
(see Sections 1.d. and 2.b.). The detained journalist was released following the
intervention of the president of the photographers' union.
On August 16, three men from the army's intelligence services arrested without a
warrant Antoine Bassil, a correspondent for the Saudi Arabian television station
Middle East Broadcasting Corporation (MBC). On December 5, 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. Bassil could face the death penalty if he is found guilty (see
Section 1.e.).
On August 19, 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.). On December 10, a military court indicted him on charges of conspiring
with Israel, a charge that carries a maximum sentence of death. At year's end he
remained in custody.
In September Prosecutor General Adnan Addoum announced that he was considering
filing charges against members of the Council of Lebanese American Organizations
for a statement made in an advertisement in an overseas newspaper. The
prosecutor claimed that the statement could provoke attacks against the country.
In June 2000, the Government cancelled the passport of Raghida Dergham, a
correspondent for al-Hayat newspaper, because she allegedly "fraternized with
the enemy" when she appeared publicly in the United States with an Israeli
official. The Government reissued the passport shortly after the incident. In
March a military court indicted Dergham in absentia on fraternization charges.
On November 30, the tribunal acquitted her of the charge, also in absentia (see
Section 1.e.)
In 2000 the Government banned a number of publications that printed articles
critical of Syria.
The Government continued to restrict radio and television broadcasts in a
discriminatory manner. There are 7 television stations and 36 radio stations.
The Government owns one television and one radio station; the remaining stations
are owned privately. Satellite television is available widely and is
inexpensive.
Although the Government does not censor broadcasts directly, government
officials exert pressure on journalists to practice self-censorship. During the
2000 parliamentary elections, the Government used the television station it
owns, Teleliban, to attempt to discredit the leading opposition candidate,
former Prime Minister Rafiz Hariri. Nonetheless, Hariri won the election.
However, during the year politicians from across the political spectrum,
including the opposition, appeared on Teleliban programs.
In general the Government does not restrict Internet access, and it is used
widely. In August 2000, government officials raided the office of an IISP based
on allegations that the ISP was distributing pornographic materials through
operation of a Eebsite aimed at the homosexual community. The Government also
pressed charges against the owner of the ISP and a human rights activist on
national security grounds (see Section 1.f.). On April 30, the Military Court of
Cassation nullified a verdict issued by the Permanent Military Tribunal on March
9, which had sentenced the owner of the ISP and the human rights activist to 1
month in prison, and instead fined them each $200 (300,000 Lebanese pounds).
The Government generally respects academic freedom, and the country has a
flourishing private educational system (a result of inadequate public schools
and a preference for religious community affiliation). Students exercise the
right to form campus associations, and the Government usually does not interfere
with student groups.
On November 21, two ISF officers entered the campus of St. Joseph University
without the University's permission. They removed posters that were critical of
government actions at an August political demonstration, as well as Lebanese
flags bearing black ribbons (see Section 2.b.). This was the first time since
1974 that security forces entered a university campus without permission from
the Administration. On November 26, thousands of students went on strike to
protest the action. The Government publicly criticized that ISF's action, and
the three officers involved were reprimanded.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly; however, the Government
restricts this right. Any group that wishes to organize a rally must obtain the
prior approval of the Ministry of Interior, which does not render decisions
consistently. Groups opposing government positions sometimes do not receive
permits. Various political factions such as Amal, Hizballah, the Free Patriotic
Movement ('Awnists), and supporters of former Prime Minister Hariri held several
rallies during the year.
On March 13, LAF troops instituted tight security measures to stop 'Awnists from
conducting demonstrations in front of Syrian troop posts to mark the 12th
anniversary of the beginning of Awn's "war of liberation." Army troops set up
numerous checkpoints on all roads leading to university campuses and schools.
Traffic was disrupted and students encountered difficulty reaching schools and
universities. Student demonstrations held at universities were peaceful, but the
security forces confiscated the film of several reporters and detained
approximately 40 students for several hours (see Sections 2.a. and 1.d.). In
addition, ISF and army members--including riot police and a special forces
brigade--obstructed the demonstrators' attempted march to a Syrian troop post.
On several occasions during the year, military personnel used excessive force to
disperse protesters, sometimes detaining or arresting them (see Sections 1.c.
and 1.d.).
On August 9, approximately 200 persons, mostly university students, gathered
near the Justice Ministry to protest the arrests of more than 100 'Awnists and
Lebanese Forces supporters (see Section 1.d.). 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.). LAF checkpoints were
set up at most main and secondary roads leading to the Justice Ministry to
hinder access to the protest. 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.
The Constitution provides for freedom of association, and the Government
generally respects this right and does not interfere with most organizations;
however, it imposes some 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 imposes further restrictions and requirements on organizations that are
not enforced consistently. The Ministry at times withholds the receipt,
essentially transforming a notification procedure into an approval process. The
Ministry in some cases sends notification of formation papers to the security
forces, which then conduct 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. In 1996 the Ministry of
the Interior notified organizations that they 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 does not distinguish between political parties and other
associations, the Cabinet must license political parties.
The Government scrutinizes requests to establish political movements or parties
and to some extent monitors their activities. The Army Intelligence Service
monitors the movements and activities of members of opposition groups (see
Section 1.f.).
The Government closely monitors groups that are critical of Syrian policies, and
their members are subject to harassment and arrest by the Government.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government generally
respects this right in practice; however, there are some restrictions.
Discrimination based on religion is built into the system of government. There
are no legal barriers to proselytizing; however, traditional attitudes and
edicts of the clerical establishment discourage such activity (see Section 5).
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 permits 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 has been 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 do 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 is not a legal requirement for religious worship or practice. For
example, although Baha'is, Buddhists, and Hindus are not recognized officially,
they are allowed to practice their faith without government interference;
however, their marriages, divorces, and inheritances in the country are 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 Taif Accord, which ended the country's
15-year civil war in 1990, 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 has been made in this regard. A "Committee for Abolishing
Confessionalism," which was called for in the Taif Accord, has not yet been
formed. One notable exception is the LAF which, through universal conscription
and an emphasis on professionalism, has significantly reduced the role of
confessionalism (or religious sectarianism) in that organization. Christians and
Muslims are represented equally in the Parliament. Seats in the Parliament and
Cabinet, and posts in the civil service, are distributed proportionally among
the 18 recognized groups (see Section 3).
The Government does not require citizens' religious affiliations to be indicated
on their passports; however, the Government requires that religious affiliation
be encoded on national identity cards.
An individual may change his religion if the head of the religious group he
wishes to join approves of this change. There are different personal status
codes for each of the 18 officially recognized religious groups. Administered by
representatives of the groups, these codes govern many areas of civil law,
including marriage, divorce, inheritance, and child custody. Many families have
relatives who belong to different religious communities, and intermarriage is
not uncommon; however, intermarriage may be difficult to arrange in practice
between members of some groups because there are no procedures for civil
marriage. Article 473 of the Penal Code stipulates that one who "blasphemes God
publicly" faces imprisonment for up to 1 year. In 1999 a leading singer and
songwriter was accused of insulting Islam for incorporating lines from a poem
based on verses from the Koran into a song; however, he was acquitted of the
charges in December 1999. No one was prosecuted under this law during the year.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration and
Repatriation
The Constitution provides for these rights, and the Government generally
respects them in practice; however, there are some limitations. The law
prohibits travel to Israel. All men between 18 and 21 years of age are subject
to compulsory military service and are 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).
The LAF and Syrian troops maintain checkpoints throughout much of the country.
Following the May 2000 Israeli withdrawal, dozens of customs and military
intelligence officers were dispatched to the south. In August 2000, the
Government deployed approximately 1,000 ISF and LAF officers to the south.
Following the withdrawal, the Government announced that citizens no longer
require permits to visit Jezzine.
There are no legal restrictions on the right of citizens to return to the
country. However, many emigres are 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.
During the year, the Central Fund for the Displaced continued to disburse funds
to assist internally displaced persons return to their homes. The Fund provided
approximately $20 million (30 billion Lebanese pounds) for the repair of
infrastructure in villages most affected by displacement. Between July 1999 and
October 2001, the Fund disbursed approximately $208 million (300 billion
Lebanese pounds) for the repair and reconstruction of homes. The Central Fund
discontinued payments in November due to a lack of funds. 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 is slowed by tight budgetary constraints,
destroyed infrastructure, political feuds, a lack of schools and economic
opportunities, and the fear that physical security still is inadequate in some
parts of the country. During the year, the Ministry of Displaced sponsored
several reconciliation meetings between Christian and Druze residents in eight
villages throughout the Chouf and Aley. The Ministry also handed over to
displaced persons from Mreije, Laylaki, and Tahwitat al-Ghadir (southern suburbs
of Beirut) the keys to their abandoned houses.
In May 2000, approximately 6,000 SLA militiamen and their families fled to
Israel following the Israeli withdrawal and concurrent collapse of the SLA. At
year's end, approximately 2,200 of these former SLA personnel and their family
members had returned to Lebanon. Several hundred relocated elsewhere outside of
Israel, and between 3,000 and 4,000 remained in Israel at year's end. The former
SLA personnel who returned to Lebanon faced trial for taking up arms against the
State or for trading with the enemy, and most received prison sentences of
varying lengths (see Section 1.e.). Those who remain in Israel reportedly wish
to avoid facing trial or fear possible retribution. The Government publicly
stated that the former SLA militiamen are welcome to return to the country, but
that they would face trial upon their return. There have been few incidents of
harassment of returned deportees.
Most non-Lebanese refugees are Palestinians. During the year, 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
includes only the families of refugees who arrived in 1948, is presumed to
include many thousands who reside outside of the country. Most experts estimate
the actual number in the country to be between 150,000 and 200,000. Most
Palestinian refugees are unable to obtain citizenship and are subject to
governmental and societal discrimination; however, Palestinian women who marry
Lebanese men may obtain citizenship (see Section 5).
The Government issues laissez-passers (travel documents) to Palestinian refugees
to enable them to travel and work abroad. In January 1999, the Government eased
the tight travel restrictions that it previously imposed on Palestinians
resident in the country and those entering from other countries by revoking a
decision that had required all Palestinian refugees who hold Lebanese travel
documents to obtain entry and exit visas when entering or leaving the country.
However, in March 1999, the Government stopped issuing visitors' visas to
Jordanian nationals who were born in Lebanon and are of Palestinian origin. In
recent years, Palestinian incomes have continued to decline. The law prohibits
Palestinian refugees from working in 72 professions.
In April 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.
There are 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 grants admission and temporary (6 months)
refuge to asylum seekers, but not permanent asylum. The Government generally
cooperates with the offices of the U.N. High Commissioner for Refugees (UNHCR)
and UNRWA.
According to the UNHCR, there are nearly 3,000 non-Palestinian refugees (mostly
Iraqi Kurds and Sudanese) residing in the country. The Surete Generale
periodically detains non-Palestinian refugees, primarily Iraqis and Sudanese,
for illegal entry. Some of those detained are registered with the UNHCR and are
eligible for resettlement outside the country. Two recognized refugees had been
held in detention for more than one year by year's end. The Surete Generale
denies UNHCR officials access to the detainees. There were credible reports that
the Surete Generale deported Iraqi Kurds seeking asylum in Lebanon back to Iraq
through Syria.
During 2000 the Government granted political asylum to Japanese Red Army (JRA)
member Kozo Okamoto, citing services rendered to the Arab cause and his physical
incapacity; Okamoto led the massacre at Israel's Lod airport in 1972. The
Government refused to grant asylum to four other JNA members and deported them
to Japan.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
The Constitution states that citizens have the right to change their government
in periodic free and fair elections; however, lack of control over parts of the
country, defects in the electoral process, and strong Syrian influence over
politics and decisionmakers 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.
There was some improvement in the parliamentary elections held in August and
September 2000, such as fewer incidents of voter fraud and tampering with
ballots than in the previous election; however, the electoral process was flawed
with serious shortcomings. The Syrian Government heavily influenced the
electoral law governing the process and also preapproved all of the candidates
on alliance slates, who ultimately won seats in the Cabinet. Security officials
promoted relatives and political allies, and government officials supervised
voting. The Government also used the official television station, Teleliban, to
discredit the leading opposition candidate, former Prime Minister Rafiq Hariri.
Officials applied inconsistent voting regulations, often favoring progovernment
candidates. Officials of various security services personally became involved in
promoting candidates who were political allies or relatives. Nonetheless, Prime
Minister Hoss lost his seat in a contested election, as did many progovernment
candidates. Following his overwhelming victory in parliamentary elections, the
President and members of Parliament selected former Prime Minister Hariri as the
new Prime Minister on October 23, 2000. Following consultation between the
Government and senior Syrian officials, President Lahoud and Prime Minister
Hariri reached an agreement on the composition of the new Cabinet.
In 1998 the Parliament elected a new President after amending the Constitution
on a one-time basis to permit senior government officials to run for office.
(The Constitution prohibits senior government officials from running for
president unless they resign at least 2 years before the election. The amendment
provided for a one time exception to this provision.) There was substantial
criticism of the Syrian role in influencing political leaders in the selection
of the presidential candidate; however, there was broad public support for the
new President, Emile Lahoud, who took office in November 1998.
On September 9, 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 have the right to vote, and there are no legal barriers to their
participation in politics; however, there are significant cultural barriers, and
the percentage of women in government or politics does not reflect accurately
their numbers in the population. No woman has ever held a cabinet position. In
September 2000, 3 women were elected to the 128-seat Parliament.
Palestinian refugees have no political rights (see Section 5). An estimated 17
Palestinian factions operate in the country and are generally organized around
prominent individuals. Most Palestinians live in refugee camps controlled by one
or more factions. Refugee leaders are not elected, but there are "popular
committees" that meet regularly with the UNRWA and visitors.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
Several local human rights groups operate 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 hold public
events that include discussions of human rights issues. Some human rights groups
reported harassment and intimidation by government, Syrian, or Hizballah forces.
The Government generally cooperates with international NGO's. In July 2000,
Amnesty International opened an office in the country. During a December visit
to the country, Amnesty International Secretary General Irene Zubaida Khan and
an accompanying Amnesty International delegation met with President Lahoud and a
number of domestic NGO's.
During the year, government officials discussed human rights problems with
representatives of foreign governments and NGO's.
The Parliamentary Commission for Human Rights did not take action in response to
the arrests in August by security forces of antigovernment and anti-Syrian
protestors. However, the Commission played an important role in ratifying the
U.N. Convention against Torture, passing the new Code of Criminal Procedures,
and in improving the conditions of children and women. The Commission also
inspected prisons to investigate the conditions of inmates. Following visits to
the prisons, the Commission's chairman stated that prison conditions were
"deplorable" and that the Commission would work on improving prison conditions
by passing the Code of Criminal Procedures and by disbursing $50 million (80
billion Lebanese pounds) to build new correctional facilities; however, no funds
had been allocated by year's end. The Commission also recommended that inmates
at the women's prisons of Verdun and Baabda be relocated to the central prison
of Rumieh, where conditions are somewhat better; they had not been transferred
by year's end. (See Section 2.c.)
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or
Social Status
The Constitution calls for "social justice and equality of duties and rights
among all citizens without prejudice or favoritism;" however, in practice
aspects of the law and traditional beliefs discriminate against women, and
religious discrimination is built into the political system. Although the law
reserves a percentage of private sector and government jobs to persons with
disabilities, there are few accommodations made for them. Discrimination based
on race, language, or social status is illegal and is not widespread among
citizens; however, foreign domestic servants often are mistreated.
Women
The law does not specifically prohibit domestic violence; however, violence
against women is a common problem. The press reports cases of rape with
increasing frequency, and cases reported are believed to be only a fraction of
the actual number. There are no authoritative statistics on the extent of
spousal abuse. Most experts agree that the problem affects a significant portion
of the female population. In general battered or abused women do not talk about
their suffering due to fear of bringing shame upon their own families or
accusations of misbehavior upon themselves. 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 are 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 prevent women from leaving their
husbands. Doctors and social workers believe that most abused women do not seek
medical help because of shame or inability to pay for treatment.
The Government has no separate program to provide medical assistance to battered
women; however, it provides legal assistance to victims who cannot afford it
regardless of the gender of the victim. In most of the cases, the police ignore
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 are mistreated, abused, and in some cases,
raped. Asian and African female workers have no practical legal recourse
available to them because of their low status, isolation from society, and
because the labor laws do not protect them (see Section 6.e.). Because of such
abuse, the Government prohibits foreign women from working if they are from
countries that do 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 is 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, engage in prostitution.
The country is a destination for trafficked persons, primarily women (see
Section 6.f.).
Women have varying employment opportunities in government, medicine, law,
academia, the arts, and to a lesser degree, business. However, social pressure
against women pursuing careers is strong in some parts of society. Men sometimes
exercise 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 is a widespread problem.
Women may own property but often cede 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.). During 2000 the Government amended
some labor laws affecting women. For example, maternity leave was extended, and
women no longer are forbidden from working at night. During the year, Parliament
adopted a law providing equal pay for equal work for men and women.
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.
Religious groups administer their own family and personal status laws (see
Section 2.c.). There are 18 recognized religious groups, each of which differs
in its treatment of marriage, family, property rights, and inheritance. Many of
these laws discriminate against women. For example, Sunni inheritance law
provides a son twice the inheritance of a daughter. Although Muslim men may
divorce easily, Muslim women may do so only with the concurrence of their
husbands. There is no law that permits civil marriages, although such ceremonies
performed outside the country are recognized by the State. Only religious
authorities may perform marriages.
Children
The plight of children remains a serious concern; however, the Government has
not allocated sufficient resources to address the situation. Education is free
in public schools and compulsory until the age of 12. However, public schools
generally are inadequate, and the cost of private education is a significant
problem for the middle and lower classes. Many children, particularly in rural
areas, take 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
receive more education than girls. Illiteracy rates have reached 37.5 percent.
The minimum for child employment is 13 years of age (See Section 6.d.).
The Ministry of Health requires the establishment of health records for every
child up to 18 years of age.
An undetermined number of children are neglected, abused, and exploited. The
normal procedure for adoption is through religious homes or institutions
authorized to arrange adoption; however, the demand to provide infants for
adoption abroad results in illegal international adoptions. There are no
statistics available concerning the prevalence of the illegal adoption of
infants. Poor children often are compelled by their parents to seek employment
and often take jobs that jeopardize their safety, including in industry, car
mechanic shops, and carpentry (see Section 6.d.). Because of their ages, wages
earned by such children are not in conformity with labor regulations. The
Government does not have specific child protection laws to remove children from
abusive situations and does not grant NGO's adequate legal standing to litigate
on behalf of abused minor children.
There are hundreds of abandoned children in the streets nationwide, some of whom
survive by begging or by working for low wages. The Center for Street Children
has been active in gathering children from various regions and providing a home
for them. The Center places children with disabilities in institutions and
refers children with police records to juvenile courts.
During the year, the police discovered and broke up several child prostitution
rings.
Juvenile delinquency is rising; many juveniles wait in ordinary prisons for
trial and remain there after sentencing. Although their number is small, there
is no adequate place to hold delinquent girls; therefore, they are held in the
women's prison in Ba'abda. Limited financial resources have hindered efforts to
build adequate facilities to rehabilitate delinquents. The Government operates a
modern juvenile detention facility in Ba'asir.
The Committee for Children's Rights, formed by prominent politicians and some
local NGO's, has been lobbying for legislation to improve the condition of
children. The Ministry of Social Affairs oversees the Higher Council for
Childhood and the National Committee for Literacy. The Higher Council for
Childhood prepares legal studies and produces progress reports on national
compliance with the Convention on the Rights of the Child. During the year it
published a report documenting the follow-up to the World Summit for Children.
Persons with Disabilities
More than 100,000 persons became disabled during the civil war. Families
generally perform care of persons with disabilities. Most efforts to secure
education, independence, health, and shelter for persons with disabilities are
made by approximately 100 private organizations. These organizations are
relatively active, although poorly funded.
There are few accommodations for persons with disabilities in the cities. The
Government does not mandate building-code requirements for nongovernment
buildings for ease of access by persons with disabilities, although in its
rebuilding projects the Government has constructed sidewalks in some parts of
Beirut that allow access for persons with disabilities. The private "Solidere"
project for the reconstruction of downtown Beirut has self-imposed requirements
for access by persons with disabilities. This project is considered to be a
model for construction efforts around the country.
During 2000 Parliament passed amendments to the law on persons with disabilities
which stipulate that at least 3 percent of all government and private sector
positions should be filled by persons with disabilities, provided that such
persons fulfill the qualifications of the position. The amendments provide the
private sector with tax-reduction benefits if the number of persons with
disabilities who are hired exceed the number specified in the law. The
amendments also impose a new building code for all government buildings and
require that public transportation be accessible for persons with disabilities.
Implementing regulations have not yet been adopted.
On December 2, citizens with disabilities elected 12 members to an 18-member
National Committee for Disabled Affairs. The Government is to appoint the
remaining six members of the Committee. Some associations representing persons
with disabilities boycotted the elections, resulting in very low voter turn out;
only 666 of 19,000 eligible voters participated in the elections.
Religious Minorities
Discrimination based on religion is built into the system of government (see
Sections 2.c. and 3). The amended Constitution of 1990 embraces the principle of
abolishing religious affiliation as a criterion for filling government
positions, but few practical steps have been taken to accomplish this aim. One
notable exception is the Lebanese Armed Forces, which through universal
conscription and an emphasis on professionalism, have reduced significantly the
role of religious sectarianism in that the organization. Each religious group
has its own courts for family law matters, such as marriage, divorce, child
custody, and inheritance (see Section 2.c.).
There are no legal barriers to proselytizing; however, traditional attitudes and
edicts of the clerical establishment strongly discourage such activity. There
were reports during the year that members of the Christian community in Kesirwan,
with the knowledge of local clergy, occasionally verbally harassed church
leaders and persons who attend 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 north
Lebanese 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 October 3, 1999, one person was killed when a bomb exploded in a Maronite
church in an eastern Beirut suburb. There were no arrests made in the case
during the year.
Throughout the fall of 1999, approximately six random bombings were carried out
against Orthodox churches and shops that sold liquor; the bombings took place in
the northern city of Tripoli and in surrounding areas. The Government suspected
that Sunni extremists carried out the bombings in retaliation for Russian
military operations in Chechnya. Police officials detained and allegedly
tortured a number of Sunni youths for suspected involvement in the bombings;
however, the youths later were released due to a lack of evidence (see Section
1.d.).
In December 1999, Sunni extremists killed four LAF soldiers in an ambush in the
northern region of Dinniyeh after the soldiers attempted to arrest two Sunni
Muslims allegedly involved in a series of church bombings. On December 31, 1999,
the LAF retaliated by launching a massive military operation against Sunni
extremists in the north. Five civilians, 7 LAF soldiers, and 15 extremists were
killed in the operation (see Section 1.a.).
National/Racial/Ethnic Minorities
According to the UNHCR, an estimated 380,000 Palestinian refugees are registered
in the country (see Section 2.d.); however, it is believed that perhaps between
150,000 to 200,000 Palestinians actually reside in the country. Most Palestinian
refugees live in overpopulated camps that have suffered repeated heavy damage as
a result of fighting. The Government generally has prohibited the construction
of permanent structures in the camps on the grounds that such construction
encourages the notion of permanent refugee settlement in the country. Refugees
fear that the Government may reduce the size of the camps or eliminate them
completely. Very few Palestinians receive work permits, and those who find work
usually are directed into unskilled occupations.
Under legislation enacted in April, Palestinian refugees may no longer own
property in the country. 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 for political, cultural, and economic reasons
it is applied in a manner disadvantageous to the 25,000 Kurds in the country.
The Government does not provide health services to Palestinian refugees, who
rely 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 are Palestinian. Drug addiction,
prostitution, and crime reportedly are increasing in the camps, although
reliable statistics are not available. In August 1999, the Fatah faction of the
PLO expanded its operations in the Ain al-Hilwah refugee camp by opening
security offices and hiring personnel to maintain order in the camps.
Section 6 Worker Rights
a. The Right of Association
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 form the active labor force, 42 percent of whom are
members of 160 labor unions and associations. Twenty-two of the unions, with
about 200,000 workers, are 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 participate actively in
trade unions.
The law provides for the right to strike. In October the General Federation of
Labor Unions held a demonstration to protest an increase in the price of
gasoline.
Unions are free to affiliate with international federations and confederations,
and they maintain 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 engage in some form of collective bargaining with
their employers. Stronger federations obtain significant gains for their members
and on occasion have assisted nonunionized workers. There is no government
mechanism to promote voluntary labor-management negotiations, and workers have
no protection against antiunion discrimination. Union leaders allege credibly
that, in the past, the Government has tried to interfere in elections for union
officials.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not prohibited by law. Children, foreign domestic servants, and
other foreign workers sometimes are forced to remain in situations amounting to
coerced or bonded labor (see Sections 5 and 6.e.).
There were reports that women were trafficked to the country (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for Employment
The Labor Code stipulates that workers between the ages of 8 and 16 may not work
more than 7 hours per day, and requires 1 hour of rest provided after 4 hours.
The law defines workers under the age of 13 as child laborers. Children are
prohibited from working between the hours of 7 p.m. and 6 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 16 from working in jobs that jeopardize
their health, safety, or morals and requires that employers give children at
least 20 hours of annual leave. In June 2000, Parliament passed amendments to
the Labor Code that prohibit children under age 18 from working more than 6-hour
days with 1 hour of rest for days of more than 4 hours of work, and from working
between the hours of 7 p.m. and 7 a.m. The proposed amendments also would
entitle children to 20 hours of paid annual paid leave. The Ministry of Labor is
responsible for enforcing these requirements; however, it does not apply the law
rigorously. Forced and bonded child labor is not prohibited and sometimes occurs
(see Sections 5 and 6.c.).
Children between the ages of 10 and 14 constitute 0.6 percent of the labor force
(5,936 children in total), according to 1996 figures. Most of these child
laborers are Lebanese, but some are Syrian; they work predominantly in the
industrial, craft, and metallurgical sectors. According to a 1995 UNICEF study,
60 percent of working children are below 13 years of age and 75 percent earn
wages below two-thirds of the minimum wage. Nearly 40 percent of working
children work 10 to 14 hours per day, and few receive social welfare benefits.
In addition, approximately 52,000 children between the ages of 15 and 19 are in
the active labor force; they are not eligible for the minimum wage until they
reach the age of 21.
e. Acceptable Conditions of Work
The Government sets a legal minimum wage, currently approximately $200 (300,000
Lebanese pounds) per month. The law is not enforced effectively in the private
sector. In theory the courts could be called upon to enforce it, but in practice
they are not. The minimum wage is insufficient to provide a decent standard of
living for a worker and family. Trade unions attempt 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 work an
average of 35 hours per week, and workers in other sectors work 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 is responsible for enforcing these
regulations, and it does so unevenly. Labor organizers report that workers do
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 are mistreated, abused, and raped (see Section
5). The employment contract for a foreign worker is signed by a recruitment
agency and the employer; workers rarely are a party to the contract or, if they
are a party, may not know what the contract stipulates because it is written in
Arabic. The passports of foreign domestic workers are confiscated by the
recruitment agency or employers when the workers arrive at the airport. Foreign
domestic servants are not protected by labor laws. Domestic servants often work
18 hours per day and, in most cases, do not receive time off for vacations or
holidays. There is no minimum wage for domestic servants; their average wage is
approximately $100 (150,000 Lebanese pounds) per month. They have no entitlement
to government financial assistance. Many foreign workers leave their jobs--which
is not against the law--but their employers often report them as thieves to the
police in order to locate them and force them to return.
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." If
forced prostitution or forced rendering of sexual services occurs as a result of
the abduction, the Penal Code stipulates that the abductor be sentenced to at
least 1 year in prison. The country is a destination for internationally
trafficked persons, primarily women. There is illegal prostitution involving
foreign women, primarily from Russia and Eastern European countries.
Foreign domestic workers are not protected by labor laws. Their passports
usually are confiscated by recruitment agencies or employers when the workers
arrive at the airport. Employers sometimes falsely accuse employees who leave
their jobs of crimes so that the police will help locate them and the employer
is able to exert pressure to coerce them to return (See section 6.e.).