FRONTIERS RUWAD NEWSLETTER

Issues No.1,2,3

FRONTIERS RUWAD NEWSLETTER June 2010

June 2010

trative justice in both international and local institu-

Frontiers, RuwadFrontiers,
is anRuwad is an independent apoliti-
independent their access to administrative justice in
tions (UNHCR, UNRWA, Lebanese courts, and
cal human
apolitical grass root grass root human
rights non-rights non-both international and local institutions
governmental organization. Since its incep- administrative bodies) and advocating for develop-
governmental organization. Since its (UNHCR, UNRWA, Lebanese courts, and
ment of the rule of law and respect for their funda-
tion, Frontiers
inception, Frontiers Association has
Association has maintained
administrative bodies)
the objective of promoting the legal protec- mental human rights and and
dignity advocating
in Lebanon and the
maintained the objective of promoting for development
Middle East. of the rule of law and
tion of asylum-seekers, refugees, foreign
the legal protection of asylum-seekers, respect for their fundamental human
detainees, and other vulnerable migrants
refugees, foreign detainees, and other rights and dignity in Lebanon and the
through increasing their access to adminis-
vulnerable migrants through increasing Middle East.

IN THIS ISSUE
IN THIS ISSUE
• Invisible Citizens, legal study on x Invisible Citizens, legal study on
statelessness in Lebanon statelessness in Lebanon
• Judiciary orders the release of a refugee
arbitrarily detained x Judiciary orders the release of a
• Putting an end to discrimination against refugee arbitrarily detained
women?
x Putting an end to discrimination
• Protecting domestic migrant workers
against women?
• Undocumented Palestinian refugees
remain undocumented x Protecting domestic migrant work-
• International Protection of Iraqis and ers
Darfuris
x Undocumented Palestinian refugees
remain undocumented
x International Protection of Iraqis
and Darfuris

1
 BEYOND PROTECTION

“Beyond Protection” is a campaign launched by FR to advocate for a legal framework

for the protection of refugees and stateless persons in Lebanon. The campaign centers
on the establishment of an adequate protective environment covering legal, social,
security and economic aspects of statelessness, and focuses on ensuring compliance of
domestic laws with international standards. Most importantly, it endeavors to achieve
the exclusion of refugees from the «crime” of illegal entry and/or illegal residence, a clear
and integrated legal framework that reduces the cases of statelessness in Lebanon, and
an end to the practice of indiscriminate and arbitrary detention of aliens .

«Beyond Protection» Activities

«Beyond Protection» Activities Targeting Media Professionals

Closed Meeting with Judges

Under the auspices of the Minister of
Justice, FR organized a closed judicial
colloquium, entitled «The Penalty
of Refugee Deportation in Judicial
Proceedings» (11 December, 2009,
Metropolitan Hotel). The colloquium
gathered several first instance judges
from different regions of Lebanon, as well
as the Director General of the Ministry of
Justice, Mr. Omar Natour; the Regional
Representative of the United Nations High
Commissioner for Refugees, Mr. Stephane
Jaquemet, and the representative of
the German Embassy, Mr. Klaus Koenig.
Judges debated the issue of deportation
and refugee protection, and Lebanon’s
international obligations and positive
laws in this respect, and agreed that
refugees and asylum seekers should not
be deported.
Convinced of the important role of the
media in disseminating and promoting
the culture of human rights, FR held two
workshops with a number of journalists
to discuss refugee protection issues in
Lebanon and to urge them to give greater
coverage in the media to the problems
and needs of refugees .
Under the slogan «Protection by Word,
Voice and Image» ,FR held the first workshop
of its “Beyond Protection” campaign with
media professionals on November 3, 2009,
at the Monroe Hotel. The purpose of the
meeting was to highlight concerted and
collaborative efforts to defend refugees,
and to emphasize the role of the media
in protecting this category of people by
addressing their fears and concerns.
A second workshop revolved around the
protection of stateless persons in Lebanon.
FR took this opportunity to launch its legal
study on the phenomenon of statelessness
in Lebanon, entitled «Invisible Citizens.»
The meeting was held on December 7,
2009, at the Monroe Hotel.

2
Group Counseling Expanded
Meetings with Meeting with
Refugees Civil Society
Organizations
During the second
half of 2009, Frontiers On 15 December,
organized several 2009, as part of ‫ﺣﻘﻮق ا�ﻧﺴﺎن‬
meetings with the International Human
refugee communities, Rights Day activities,
‫ﻓﻲ ﻟﺒﻨﺎن‬
including two principal FR organized an open ‫أﻣﺎم ا�ﺳﺘﺤﻘﺎق‬
meetings, held on 19 and discussion with civil ‫ﻟﻘﺎء ﺣﻮاري ﻣﻊ ﻣﻨﻈ�ت اﳌﺠﺘﻤﻊ اﳌﺪين‬

20 December, marking society organizations 2010 ‫ﺣﻮل ﺗﻘﺮﻳﺮ اﻟﻈﻞ ﻻﺳﺘﻌﺮاض ﻟﺒﻨﺎن اﻟﺪوري اﻟﺸﺎﻣﻞ ﻋﺎم‬

International Migrants in the presence of ‫ﻣﺎ ﻫﻮ ﺗﻘﻴﻴﻤﻨﺎ ﻣﻘﺎﺑﻞ ﺗﻘﻴﻴﻢ اﻟﺪوﻟﺔ اﻟﺘﺰاﻣﺎﺗﻬﺎ وﺗﻌﻬﺪاﺗﻬﺎ ﰲ ﻣﺠﺎل ﺣﻘﻮق اﻻﻧﺴﺎن؟‬
.‫ﻟﻨﺬﻛﺮ اﻟﺪوﻟﺔ �ﺴﺆوﻟﻴﺎﺗﻬﺎ ﻋﻦ اﻻﺣﱰام اﻟﻜﺎﻣﻞ ﻟﺘﻨﻔﻴﺬ ﺟﻤﻴﻊ ﺣﻘﻮق اﻻﻧﺴﺎن واﻟﺤﺮﻳﺎت اﻷﺳﺎﺳﻴﺔ‬

Day (18 December). The Ziad Sayegh, adviser .‫اﻵن ﻋﻠﻴﻨﺎ اﻟﺘﺼﺪي ﻻﻧﺘﻬﺎﻛﺎت ﺣﻘﻮق اﻻﻧﺴﺎن يك ﺗﺘﺤﺴﻦ ﺣﺎﻟﺔ ﺣﻘﻮق اﻻﻧﺴﺎن ﰲ ﺑﻠﺪﻧﺎ‬

meetings constituted to the Lebanese- 2009 ‫ ﻛﺎﻧﻮن اﻷول‬15 | ‫ﻓﻨﺪق اﳌﻮﻧﺮو ﻋ� اﳌﺮﻳﺴﺔ‬

a platform to discuss Palestinian Dialogue

the main problems of
refugees, and provide
the latter with counseling,
guidance and advice
about their rights and
obligations.
Committee, under the
banner «Human Rights
in Lebanon under
Revision». This meeting
focused on civil society’s preparation of Lebanon’s universal
periodic review report, submitted to the UN Human Rights
Council in April.

Other Activities

During the second half of 2009, FR continued it activities on issues related to the
rights and protection of refugees and marginalized groups, based on international
human rights principles which are binding on the Lebanese state. These included:
- Letters to the Minister of Interior and the State Public Prosecutor drawing their
attention to cases of arbitrary detention, and asking them to put an end to this
illegal practice and to punish those responsible.
- A letter in support of a group of hunger striking detained refugees, calling on
competent officials to open an immediate investigation into the matter, to end
arbitrary detention, respect the principle of “non-refoulement” of refugees and
asylum-seekers, punish those responsible for illegal detention and refoulement,
and instantly to release those on hunger strike and every detained refugee who
has served his sentence and is still in detention, if no clear, valid legal grounds
substantiate such detention.
- Submitting certain cases before the UN Working Group on Arbitrary Detention.
These cases included 13 refugees registered with the UNHCR who are arbitrarily
detained. The aim was to defend those persons before relevant UN bodies and to
take action to secure their release and ensure Lebanon’s full respect of its obligations
regarding arbitrary detention.

3
 NEW GOVERNMENTS SAME OLD POLICY
FRONTIERS RUWAD ASSOCIATION DENOUNCES FORCED DEPORTATION OF
RECOGNIZED REFUGEE… GOVERNMENT THREATENS MORE TO COME

At noon, on Saturday February 20, an Iraqi Airlines plane took off from Rafiq Hariri International
Airport – destination: Baghdad. On board was an Iraqi refugee recognized by the United Nations
High Commissioner for Refugees (UNHCR) in Lebanon who had not chosen to voluntarily return to
his native Iraq but was forced into doing so. Until the airplane door, he resisted deportation and
suffered what was described by one daily as a nervous breakdown. Thus ends Mortadha M.>s
search for protection!
Mortadha M. fled to Lebanon in 2000. He
was arrested on April 26, 2004 and sentenced
for three years of imprisonment, a fine and
deportation. His sentence expired on May
17, 2007, but he remained under arbitrary
detention until February 20, 2010 patiently
enduring its privations as he, fearing for his
life, refused to return to Iraq. But under the
considerable emotional pressures and harsh
conditions of prison, he succumbed once and
signed the deportation document, hoping that
this signature will deliver him from his cell and
that he will be able to regularize his status once
handed over to the Surêté Générale. But even
in the Surêté Générale lock-up, the coercion
to return to Iraq did not cease. This time, his
refusal to return was definitive. He retracted his
signature, he feared for his life, but to no avail.
Authorities decided to forcefully deport him.
As of Thursday February 18, 2010, FR contacted
the competent authorities, particularly the
Ministry of Interior, the Surêté Générale and
various local and international organizations,
appealing to halt his deportation. We
were informed that some of these parties
intervened on his behalf. But nothing could be
accomplished.
We recognize the right and duty of the State
to ensure its security and implement its judicial
decisions. However it should be noted that
international laws and standards pertaining
to absolute rights and those ratified by the
State precede all domestic laws. Therefore, no
human being may be forcefully expelled from
Lebanon.
This right gains special significance in Lebanon
where most refugees are tried without legal
representation within the context of hasty
procedures that do not always guarantee
them a chance to defend themselves, present
their reasons for seeking asylum or declare their
status as refugees. Moreover, public prosecutors
appear not to always take into consideration,
in their prosecution of refugees, Lebanon>s
international commitments or the refugee
status of the defendant, and thus they do not
draw the judge´s attention to that fact.
What concerns us most today, following
the deportation of Mortadha M. and the
information we received concerning the threats
of deporting other refugees, is whether these
actions indicate a return to the pre-2004 forceful
expulsion policy? Is this the fate awaiting the 40
or so refugees held in the custody of the Surêté
Générale?
We therefore call upon the Lebanese
State to halt forceful deportation. We also
note that choosing to return to one’s native
country cannot be considered voluntary if it
occurred in detention and under the various
pressures entailed by detention. Furthermore,
we ask the judiciary to refrain from sentencing
to deportation asylum-seekers or refugees
recognized by the UNHCR, in compliance with
the aforementioned international customs and
standards and to ascertain that these persons
enjoy all guarantees ensuring the respect of
their rights and a chance to plead their case.
We appeal to the Lebanese authorities to
immediately suspend the execution of any
judicial deportation sentence, awaiting a
proper examination of these sentences in light
of the dangers entailed by returning asylum-
seekers and refugees to their native countries
and, until a decision is made, to release them
and grant them temporary residency at least
for humanitarian reasons.

4
 PROTECTION CONCERNS IN LEBANON RAISED IN
UNHCR ANNUAL CONSULTATIONS WITH CIVIL SOCIETY
In the context of the annual consultations of the United Nations High Commissioner for Refugees
(UNHCR) with NGOs from all over the world (June 29 - July 1, 2009), Frontiers held meetings with a
number of officials from the Commissioner’s office to raise the problems of refugees and asylum
seekers, and stateless and undocumented persons, with special emphasis on their arbitrary
detention in Lebanon. FR highlighted the policy adopted by the Lebanese authorities towards
refugees and asylum seekers – where governmental practices range from arrest and prolonged
detention to deportation – as they do not differentiate between a refugee and a regular
migrant.

FRONTIERS IN THE MEDIA

On December 10, 2009, the 61st anniversary
of International Human Rights Day, under the
theme ”Embrace Diversity, End Discrimination”,
and at the invitation of the United Nations High
Commissioner for Human Rights, Berna Habib,
representing Frontiers Ruwad, participated
in a seminar, moderated by Ghassan Ben
Jeddo, which was broadcast on Al-Jazeera
Satellite Channel on December 19. The seminar
discussed the categories of people that are
most vulnerable to discrimination, including
AIDS patients, female domestic workers, people
with special needs, and stateless persons. FR
underscored discrimination in legal texts which
leads automatically to cases of statelessness,
and stressed the discrimination and the state of
«denial» that all stateless persons experience. A
young stateless person gave a live testimony, a
24-year long story of suffering, concluding with
the statement, «What I have is nothing!»
On December 14, 2009, the daily As-Safir
published a report on refugees in Lebanon
– prepared by Madonna Semaan – entitled
«Lebanon Overlooks Signed Human Rights
Agreements & Implements Obsolete Laws; In the
Country of Hospitality and Freedoms, Refugees
Face Torture, Imprisonment & Deportation.»
The reporter looked at the circumstances that
drove those refugees to enter Lebanon illegally
and underlined the legal situation of those
refugees in the country, as Lebanon is not a
signatory to the 1951 UN Convention Relating to
the Status of Refugees. According to Semaan,
only 11,000 refugees have refugee cards
issued by the Office of the United Nations High
Commissioner for Refugees, and more than
50,000 still do not have any proper legal status.
Semaan interviewed two refugees, resettled in
Sweden, who spoke about the hardship they
experienced in Lebanon, presumed to be a
country of freedom and democracy. Her report
ends by quoting them, saying «From where
they now live in Sweden, Wael and Othman
both paint a bleak picture of Lebanon. They
refuse to come back, even for a vacation or
for some time off. To them Lebanon is no longer
the country of freedom, law and democracy.
It’s no more than a remote piece of land no
different than that homeland that inflicted
torture on them and made them flee the
nightmares of pain and death. To them, Ruwad
is the nicest, warmest memory they have of that
tiny country.»

To read the full article :http://www.assafir.com/Windows/ArticlePrintFriendly.aspx?EditionId=1413

&ChannelId=32749&ArticleId=1424

5
 LEGAL STUDIES

INVISIBLE CITIZENS A Legal Study on Statelessness in Lebanon

In November 2009, Frontiers published a first-of- The study ultimately points out that Lebanese
its-kind legal study on the issue of statelessness nationality laws are vague and unclear,
in Lebanon and the extent to which Lebanese allowing for a wide margin of interpretation and
laws are compatible with international human speculation leading to conflicting jurisprudence
rights standards. Estimates place the number and interpretations.
of stateless persons in Lebanon, apart from
Palestinian refugees, at tens of thousands,
among them Kurds, Bedouins, persons whose
status is «under consideration» and persons of
Lebanese ancestry who do not hold Lebanese
nationality, such as those «unregistered at
birth», in addition to certain orphans and
children considered to have been born out of
wedlock, through the marriage of a Lebanese
woman to an alien or through an unregistered
marriage of two Lebanese nationals.
The study looks into the legal provisions that
govern issues of nationality and statelessness
in both international and Lebanese law, and
considers ways to address cases of statelessness
in Lebanon, in order to grant all individuals
the right to nationality and all related rights
guaranteed by international human rights law.

The study concludes that nationality

regulations in Lebanon are not fully compliant
with international standards regarding
nationality, especially relating to maternal
nationality and to citizenship jus solis. They fall
short of international standards related to non-
discrimination as they are widely discriminatory,
particularly against women, between nationals
and aliens, and even among aliens themselves.

6
 SNAPSHOTS

On 19 December, 2009, the Minister of Interior launched a campaign for prison reform
and improvement of detention conditions. This campaign followed a memorandum of
understanding signed between the Lebanese Minister of Social Affairs and the Ambassador
of Italy in Lebanon, featuring the implementation of the «Cinema Arena 2009 – A View
from the Inside» project. The project aims to ease the social reintegration of all prisoners by
improving the physical conditions inside prisons.

The UNHCR managed to resettle 2,187 refugees between January and October, 2009,
with the United States accepting 1,977, Australia 112, and Canada 51. One thousand and
thirty-one families are still awaiting a decision regarding their dossiers, 865 of which were
submitted to the United States.

On April 29, 2009, the Ministry of Justice called for the implementation of the decree
related to the serving of sentences, which grants early release to convicted prisoners by
reducing their sentences for good behavior. The request comes nearly six years after the
promulgation of the original law.

On 27 October, 2009, a judicial cooperation agreement was signed with France to facilitate
the transfer of prison management from the Ministry of Interior to the Ministry of Justice. The
agreement includes training of prison staff by French prison authorities.

In October 2009, hundreds of Sudanese citizens were deported in an operation coordinated

between the Lebanese authorities and the Sudanese Embassy in Lebanon. The number of
deported refugees and asylum-seekers remains unknown, since no registration or sorting
was done during the operation, and the UNHCR appeared to have no knowledge of the
operation.

7
 INSIDE STORIES

The Journey of Seeking Protection…The Story of a Sudanese Refugee in Lebanon

Loss...a key word that marked the life of Sayyed
Abdel-Shafi…the central point his days revolved
around… a tragedy that defined his belonging,
identity, history, and more precisely, his whole
being…in every sense of the word. Abdel-Shafi
was a Sudanese national from Darfur who left
Sudan and took refuge in Lebanon, seeking
a haven of protection from the violence and
persecution he faced back home. He did not
know that in Lebanon he would experience a
kind of persecution and violence far more bitter
and severe than that he was made to taste by
his fellow countrymen.
By leaving one’s land and seeking asylum in
another country, one incurs a series of losses:
the loss of land, the loss of home, the loss of
property, the loss of social values, the loss of ties
and relationships that bind people together
at different levels. One must face and accept
this reality with all the losses it entails; otherwise,
one would be symbolically dead. Abdel-Shafi
recognized this reality. He stood up to it with
all its bitterness. He incurred the heavy burden
of continual imprisonment and endured being
transferred from one prison to another. He
passed away on November 11, 2009 in unclear
circumstances. He left behind him his cause
and the cause of every refugee who came to
Lebanon seeking protection.
Abdel-Shafi was arrested for the first time in
2005, and henceforth saw only prisons. He could
not choose to go back home to Sudan where
his life was at risk. He refused to be repatriated
to Sudan, in the hope of finding a safe haven
elsewhere.
From Roumieh Prison, to the cells of the
General Security under Adlieh Bridge near the
Palace of Justice in Beirut, to Batroun Prison,
and then to Jezzine Prison, Abdel-Shafi spent his
days hopelessly praying for someone to answer
his calls and cries. But all he got, as he reported
to us, were threats of deportation from the
agents of the General Security, and pressure to
make him accept “repatriation”. Yet he did not
yield. In return, the Lebanese judicial system
imprisoned him for refusing deportation.
Abdel-Shafi wrote many letters describing
what he was enduring in prison. He said he
was tortured during interrogation to force him
to accept deportation. He even hinted that
the Sudanese Embassy had asked the General
Security to beat him to obtain his approval
to “return” to Sudan. In one of his letters he
expressed his suspicion that the written appeals
he had send to UNHCR to reopen his asylum
dossier were not delivered..

On November 11, 2009 Abdel Shafi is said to have suffered an electric shock while
showering: he reportedly felt unwell, fell down and injured himself. The paramedics only
reached Roumieh prison three hours later, and he was taken from the prison to Beirut
Public Hospital and from there to Al-Hayat Hospital, and finally to Dahr El-Bashek Hospital.
None of these hospitals would admit him. Shamefully, he died on the same day because
of the delay ingetting him to the hospital, and the refusal of the Lebanese hospitals to
admit him and provide him with treatment. The long journey that had taken him from one
prison to another ended in the Bekaa, where he was buried.

Abdel-Shafi believed his journey would ultimately end back in his hometown in Sudan.
He always wanted to write a book about Darfur, in which he could paint a true picture of
his country, a picture that people were unaware of, as he used to say.

8
 SHORT STATEMENTS

FROM BEHIND BARS...

Arrest

« Two men dressed as civilians knocked on my door without

introducing themselves or the institution they represent. I knew
them, as I had already seen them in the premises of the General
Security. They asked my name and requested to see my residency
permit. I gave them the UNHCR registration certificate. They said
they do not acknowledge such a document and immediately
handcuffed me.»

«I was taken to the Lebanese intelligence building, where I

had to take off all my clothes and cover my chest with a plate
reading ‘Number ....’. Handcuffed and blindfolded, I was beaten
every time I was called for interrogation. This is how things were
for quite some time. I was counting the seconds of my life.”

During Police Investigation Prolonged detention

«I was stopped at a checkpoint by the
Internal Security Forces and transferred to a
police station. During the investigation, the
officer humiliated me; he swore at me and
insulted my sister and my country, Iraq. After
the interrogation was over, the officer asked me
to sign the police interrogation record (procès
verbal) without reading it. I refused at first. But
he threatened to beat me up as he pointed
at a belt and some electrical cables he had
put to one side on the table – probably to
intimidate me. I signed, because I wanted to
avoid being beaten. I was later transferred to
the «detectives» section and I was locked up
in solitary confinement with no food or water
When I started to bang on the door asking for
food and cigarettes, I heard voices mocking
me, saying, ‘We’ll get you what you want if you
have money,’ and threatening to skin me alive.
Then one policeman asked me what I wanted. I
said, ‘Cigarettes.’ He asked me to reach out my
hand through the small window that separates
the cell from the passageway, and when I did,
he hit me with a plastic rod. The door of my cell
was opened twice by three detectives who
beat me up and left.”
“It is unfair that I have to serve my sentence
and then remain locked in prison. My sentence
was multiplied by three or four times, maybe
even more. I shouldn’t have been imprisoned
in the first place. I fled my country and sought
asylum in Lebanon, and this is a right recognized
in all countries except in Lebanon.”
“Oddly, I was accused of illegal entry and
was locked up in the same cell with criminals
such as killers and drug dealers… ”
“The prison guard came and said to my
Sudanese cellmate: «You and your Sudanese
friend,’ – meaning me – ‘are going to sleep at
the gate.’ I objected, saying I didn’t want to
sleep there because of mosquitoes. He said
‘You have a thick skin. You can put up with any
mosquitoes!’”

9
 JUDICIAL DECISIONS
Between the State and the Judiciary: A Decision...
On 11 December, 2009, the Lebanese judiciary
- looking at the injunction brought before it
to decide on the legality of the continued
detention of a female Iraqi refugee - Yusra
Al-Amiri - who had on 21 June 2009 served
her prison term of one month’s imprisonment
imposed by the court of first instance for
illegal entry - took a decision compelling
competent authorities to terminate the
detention and to release Yusra immediately.
The judge depicted this continued detention
as a violation of Al-Amiri’s rights and personal
freedom. The Lebanese state took note of the
decision on 24 December, 2009 but did not
execute it immediately. This raises the question
as to where the state now stand with regard
to complying with
judicial decisions and
protecting personal
freedoms.
In Al-Amiri’s case,
Judge Cynthia Kasarji
based her decision
on the grounds that:
Yusra had acquired
an refugee status
certifying that she
would be subject to
persecution in her
homeland, Iraq; Article
14 of the Universal Declaration of Human
Rights provides for everyone’s right to seek
and enjoy asylum from persecution in another
country if his/her life was at risk or if he/she was
subjected to torture; the Convention Against
Torture, ratified by Lebanon, stipulates that
“No State Party shall expel, return («refouler»)
or extradite a person to another State where
there are substantial grounds for believing that
he would be in danger of being subjected to
torture”; it is impermissible to repatriate an
alien if it is established that repatriation would
endanger his/her life; international treaties
take precedence over all local legal texts
based on Article 2 of the Civil Procedures
Code; the presence of a court verdict ordering
10
the immediate expulsion of Al-Amiri as soon
as she had served her sentence – at a time
when she did not have the status of a refugee
– does not justify her indefinite, continuous
detention in spite of the expiry of her sentence
months ago, under the pretext that it was not
possible to send her back to Iraq or to find an
alternative country to host her.
The Judge concluded that since the
competent authorities’ decision to keep
al-Amiri detained in Zahle Women Prison
constituted a violation of her personal freedom
and justified the interference of the Summary
Judge, she ruled to put an end to this situation
by compelling the defendant – the Lebanese
State – to remedy this violation by setting Yusra
free immediately.
As human rights
activists, we welcomed
this decision, as it
showed that the
Lebanese judicial
system had assumed its
role as an advocate of
rights and a protector
of freedoms. The
Lebanese judiciary took
this decision based on
international texts and
on its mission to end
injustice and violations of rights and freedoms,
compelling other relevant authorities to follow
in its footsteps.
Yusra had come to Lebanon along with her
brother Raad in May, 2009, after armed militias
in Iraq killed her other brother and her husband.
Two days after they sneaked into the country,
an Internal Security Forces checkpoint in
Zahle stopped them and referred them to the
competent authorities. They were later tried for
illegal entry into Lebanon. While in prison, the
UNHCR recognized them as rightful refugees
in view of the real and substantial danger to
their lives and safety in Iraq.
Nevertheless, they were kept in custody
even after they had served their sentences -
Yusra in Al-Mu’alaka Prison, Zahle, and Raad in
Roumieh Prison, and later both at the General
Security commissariat.
Frontiers took a series of actions and initiatives
to defend Yusra. Letters were sent to the Minister
of Interior and Municipalities, and to the State
Prosecutor General, drawing their attention to
Equality between Lebanese Women and Foreign Women When Will Discrimination
End Entirely?
«What are the rights of a Lebanese woman
married to a foreigner, both in reality and in
the law? With the primacy of the Constitution
over the law, where do we stand today
regarding the constitutional right to equality
between citizens? Why are Lebanese men
granted the right to confer their nationality
to their spouses and children, while the same
right is denied to Lebanese women married
to foreigners? Is it logical to grant a foreign
woman married to a Lebanese national better
treatment than a Lebanese woman refusing
to renounce her nationality? Is it conceivable
that Lebanese women have to declare their
children illegitimate in order to pass on their
nationality to them, as they cannot legally
do so under normal circumstances? Is it
permissible to leave those minors, who were
born in Lebanon and who grew up with their
Lebanese mothers, to the uncertainties of an
unknown future, where they have to face
the constraints on residence and seek work
permits just like any other foreigner, although
they are descend from Lebanese mothers
but are being treated like strangers in their
homeland?” These questions were raised by
the Court of First Instance in Mount Lebanon –
the Fifth Chamber in Jdeidet El-Matn – which
examines civil status cases, presided over by
Judge John Qazzi and including as members
Judges Rana Habka and Lamis Kazma. The
Court issued a bold decision on June 16, 2009,
granting the children of a Lebanese woman
married to a foreigner the right to acquire
the nationality of their mother in one specific
circumstance that is, when the foreign father
the arbitrary detention of Yusra Al-Amiri and
calling upon them to intervene immediately
to end this detention and take the necessary
disciplinary and legal measures against every
arbitrary violator of individual freedom. The
case of Yusra and her brother was also raised
before the UN Working Group on Arbitrary
Detention to secure its intervention.
is dead. The plaintiff in this case was married
to a foreigner who died in 1994. She had four
children with that man, three of whom are
still minors. The woman kept her Lebanese
nationality after her marriage, and based on
that she was asking to be allowed to confer
her nationality to her children.
Many years ago, some Cassation Chambers
took the decision of treating Lebanese
women on an equal footing with naturalized
foreign women in terms of the right to confer
nationality to children, based on Article 4 of
the “Lebanese nationality law”. Clearly the
2009 Court of First Instance decision restores
the role of the Lebanese judicial system
in safeguarding rights and rejecting any
discrimination.
Even though the verdict of the Court of
First Instance proves to be consistent with
the essence of the Constitution and the
conventions that Lebanon has ratified in this
regard, some legal scholars have deemed
it inappropriate, as a breach of the law,
in their opinion. The General Prosecution
representing the State appealed the verdict,
claiming that it violates Article 4 of Decision
15 of 1925 (Lebanese Nationality Law). which
does not give a Lebanese woman whose
foreign husband has died the right to transfer
her nationality to her children.
Meanwhile, as we still await the appeal
results, what we need is a well-defined
draft law on this issue, granting Lebanese
women the right to pass their nationality on
to their spouses and children without any
discrimination or conditions.
11
 ADMINISTRATIVE MEASURES: A UNIFIED CONTRACT…
IS IT ENOUGH TO PRESERVE MIGRANT DOMESTIC
WORKERS RIGHTS?!

A unified contract related to migrant domestic

workers was put into force in March 2009.
According to the Ministry of Labour, this contract
comes within the framework of an inclusive series
of measures aimed at regulating the relationship
between workers and employment agents.
The negotiations for this unified contract, which
began in 2006, involved the ministry of Labour, the
syndicate of placement agencies, the embassies
of sending countries, related UN agencies and
national NGOs. It is proposed that a special unit
be created within the Ministry of Labour to address
the problems that may arise between the parties,
along with a hotline to take the complaints of
migrant domestic workers.

A few of the most important clauses featured

in the contract are: (1) Working hours shall not
exceed 10 hours per day for no longer than six
days a week, including a daily rest period of no
less than eight uninterrupted hours at night. (2)
Salaries shall be paid out and workers shall sign a
receipt for their monthly salary. (3) The worker shall
be entitled to sick leave of 6 days and an annual
leave. Added to this are a set of obligations
incumbent on workers, including performing their
job in accordance with work ethics and the home
privacy.
The employer has the right to cancel the contract
in case the worker breaches his/her obligations,
most notably if the worker commits any act
that harms the interest of the employer or any
member of the employer’s family, or any act that
is criminalized by Lebanese law. In these cases,
the worker would have to leave the country at
his/her own expense.
Without underestimating this
development, Ruwad believes the unified
contract still falls short of accepted
standards. It does not provide expressly
for the right of workers to keep possession
of their passports, despite the insistence
of the Minister of Labour that passports
belong to their owners and no one has
the right to confiscate them. Moreover,
the mechanisms for monitoring and
controlling the implementation of
obligations stipulated by the contract
remain weak, if they exist at all.

12
 THE MINISTRY OF INTERIOR FREEZES THE ISSUANCE
OF IDENTIFICATION CARDS FOR NON-ID PALESTINIAN
REFUGEES

Between three thousand and five thousand
Palestinian refugees in Lebanon do not have
identification papers and are not recognized
either by the Lebanese state or by UNRWA.
These individuals are commonly known as Non-
IDs. In August 2008, the Lebanese Government
decided to issue a special identification card
to Non-ID Palestinian refugees, but the issuing
of these IDs ceased three months later.
The decisions of the Ministry of Interior to
issue the IDs and later to stop were not made
public, and nor were they published in the
Official Gazette. According to the information
gathered, a Non-ID Palestinian refugee had
to fill out a special application form provided
and stamped by the PLO Representation
Office in Lebanon, to be submitted to the
General Security along with other documents,
including the Proof of Nationality Certificate,
issued by PLO Representation Office since
2006, and a Certificate of Residence, issued
by the Mukhtar.

Between 2006 and 2009, FR worked on the right of this vulnerable population to obtain
recognition and secure their basic and fundamental rights. In 2006, the organization published a
breakthrough legal analysis of the reasons why these Palestinian refugees find themselves in this
state of limbo and made recommendations for ending this state of affairs. FR then launched «a
civil campaign to advocate for their right to legal recognition.” FR also opened a dialogue with
the authorities and met a number of times with the Lebanese Palestinian Dialogue Committee
(LPDC) established by the Prime Minister at the time.

2200 applications are said to have been submitted. However, only 765 cards were issued, while
300 applications were rejected because they did not fulfill the requirements. Three hundred cards
were apparently completed, but had not been delivered to their owners. It is worth noting that it
seems that detained Non-ID Palestinian refugees could not file their applications to the General
Security as it was mandatory to show up in person for application submission. Family members of
some detainees managed to acquire these cards, while the detainees were either banished to
the borders and in some cases released provisionally pending acquisition of the cards. Moreover,
Palestinian refugees holding Egyptian, Jordanian or other identification papers could not obtain
the new cards, pending settlement of the issue between Lebanon and the relevant countries.

The LPDC confirms that this [non-ID Palestinian refugee] card gives its holder freedom of
movement, the right to work and the right to register marriages and births, just like the Palestinian
refugees registered with the Ministry of Interior and recognized as Palestinian refugees.

The reasons that prevent the Lebanese authorities from proceeding to effective registration of
these Palestinian refugees, sticking instead to the issuance of Identification Cards, are linked to
the fact that Lebanese laws are interpreted as only acknowledging1948 refugees from Palestine,
whereas a large number of refugees have come to Lebanon either illegally from neighbouring

13
countries or at later stages. Lebanese laws regulating the legal status of Palestinian refugees,
promulgated during the 1950s and 1960s, do not definitively close the door for new Palestinian
arrival but are at times vague and ambiguous. They should be amended to be clear and to
insure that they address the continued and aggravated plight of Palestinian refugees.

Following the decision of the Lebanese authorities to freeze the issuance of new identity cards,
a number of NGOs, at the initiative of Frontiers, sent an open letter to the Minister of Interior,
calling on him to reverse this administrative measure, explain the reasons behind it, and identify
all the rights granted to the holders of these cards. In response, the Minister of Interior asserted that
halting the issuance of Identification cards was “a decision to freeze and not to abolish or forbid.
It is merely a legal and technical decision; definitely not political.” He pointed out that meetings
were being held to develop mechanisms to control abuses and contraventions, prevent any
possible fraud, and ensure that these cards are granted to those who need them

A DRAFT LAW TO END OR ESTABLISH

DISCRIMINATION?
On April 27, 2009, the Ministry of Interior
requested the Council of Ministers’ approval
to put on the agenda for discussion a draft
law related to granting Lebanese women the
right to confer their nationality on their children,
<without any reference whatsoever to the
husband. In spite of this vital step, Ruwad
expressed its concerns regarding the draft
law in view of the exceptions it provides for.
There are two versions of the draft law. The first
establishes the right of the Lebanese mother,
with no exceptions whatsoever, to grant her
nationality to her children in conformity with
the principle of non-discrimination; the second
version establishes the said right, with the
exception of children born to fathers not having
a recognized nationality. The Minister left it to
the Cabinet to decide which version to adopt.
FR believes there should be no exceptions and
that the law should include mention of the
spouse, thereby leaving no room for political
and national complications. FR also believes
that the adoption of a modern law of nationality
will reduce greatly the phenomenon of stateless
children who are born to a Lebanese mother
and a father who has no recognized nationality.
Moreover, FR considers that the second version
establishes discrimination on the basis of sex
and nationality, contradicting the International
Covenant on Civil and Political Rights, which
Lebanon has ratified, let alone the Lebanese
constitution. According to FR, this extends racism
to all stateless persons, especially Palestinians.
Ruwad therefore calls upon civil society to
intensify its efforts in demanding a fair law that
brings justice to Lebanese women regarding
their right to pass on their nationality to their
children and their husbands, in harmony with
the right of women to full equality before the
law, enshrined in Article 7 of the Constitution.
Support us by sending a
letter to the Members of
Parliament, calling for the
adoption of a nationality
law that ensures full and
absolute equality between
men and women with no
exceptions!

14
 ARBITRARY DETENTION IN LEBANON: FR BRINGS
THE CASE BEFORE THE UN WORKING GROUP ON
ARBITRARY DETENTION
As part of its regular submissions of arbitrary detention cases to the relevant UN bodies, in
May 2009, Frontiers raised three cases of arbitrary detention of refugees and stateless persons
in Lebanon before the UN Working Group on Arbitrary Detention. Two of the detainees were
being held arbitrarily by the General Security for illegal stay in the country. The first had been
held for more than nine months, the other for more than five; none has appeared before a
Lebanese court. Their detention exceeded the maximum legally permitted time limit of 48 hrs
renewable only once before referral to court. The third was arrested while renewing his residence
permit. It appeared that there is a sentence in absentia against him for illegal entry although he
was charged and sentenced for this “crime” in 2005. A lawyer assigned by Frontiers managed
early April to overturn the sentence in absentia; the court dropped the charges and ordered the
immediate release of the refugee, for double jeopardy. However he remained in custody after
the court ruled his release for around one month due to administrative problems. He was only
released late May on bail of his employer.

UPDATES ON INTERNATIONAL PROTECTION

UNHCR’s New Eligibility unexpectedly. Exceptions also cover actual

Guidelines Concerning Iraqis
In April, 2009, the UNHCR issued new
guidelines relating to Iraqi refugees and
asylum-seekers, replacing 2007 guidelines.
Accordingly, the geographical areas of
asylum-seekers prima facie recognized as
refugees became the central provinces and
north of Baghdad (Diyala, Kirkuk, Ninewa
and Salah Al-Din) considering the unstable
security situation in these regions. The UNHCR
recommends that asylum seekers from other
regions be individually assessed according
to the 1951 Convention or relevant regional
instruments and should not benefit from
prima facie recognition or complementary
protection unless the situation deteriorates
and potential supporters of the former regime,
as well those affiliated with political parties who
are no longer identified as at risk only because
of their membership, , since these groups are
no longer targets of systematic attacks. Under
the new guidelines, UN employees and NGO
workers are also considered at risk, On the
other hand, exclusion clauses can still be
applied on a case-by-case basis..
UNHCR urges all states such as Lebanon
that have no special legal framework related
to refugees and asylum seekers and that
host Iraqi refugees to allow even temporary
residence to refugees coming from the five
central Iraqi provinces, and to opt for a case-
by-case assessment of applications filed by
refugees from the remaining provinces listed
in the regulations.

15
UNHCR's Policy Regarding Refugees from Darfur
You're from Darfur: You’re a Refugee, but not in Lebanon

In February, 2009, the UNHCR called upon states to In view of this conflicting information, conducting
provide international protection to "non-Arab" refu- a real assessment of the substantial risk of persecu-
UNHCR's
gees coming from Policy Regarding
Darfur, by recognizing Refugees
them as tion from Darfur
and the true need for international protection
refugees pursuant to the 1951 Convention, or at least seems extremely difficult for Darfuri refugees of
You're
granting them from Darfur:
complementary You’re a Refugee,
protection. non-Arab but not
origin in habitual
whose Lebanon residence was out-
However, the criteria side Darfur. Therefore, Ruwad calls upon the
In February, 2009,that
thetheUNHCR
UNHCRcalledOffice in Beirutreports
upon show that the safe return of asylum-
has added
states to as to actualinternational
provide residence in Darfur made Fron-
protection to seekersUNHCR to identify
to Darfur is notand make irrespective
possible, publicly available
of
tiers question refugees
«non-Arab» the validitycoming
of the various sources by
from Darfur, theAfrican
of in-their sourcesor itArab
relies on inand
origins, shaping its policy
irrespective of in
formation
recognizing used
themregarding this issue.
as refugees pursuant While somewhether
to the they are residents of Darfur or
Lebanon, and to put the 2006 regulations into not.
sources that UNHCR-Lebanon
1951 Convention, or at leastapparently
granting relies
them on practice without any additions.
In view of this conflicting information,
complementary
assert that internalprotection.
relocation is possible for Darfuriconducting a real assessment of the substantial
refugees,
However, others
the say this that
criteria optionthe
is UNHCR
not validOffice
for thisrisk of persecution and the true need for
category
in Beirut has added as to actual residence inthatinternational protection seems extremely
of refugees. In fact, several reports show
the safe return
Darfur madeofFrontiers
asylum-seekers to Darfur
question the is not pos-difficult for Darfuri refugees of non-Arab origin
validity
sible,
of the irrespective
various of their African
sources or Arab origins,
of information usedandwhose habitual residence was outside Darfur.
irrespective
regarding this of whether
issue. they
Whilearesome
residents of Darfur
sources that orTherefore, Ruwad calls upon the UNHCR to
not.
UNHCR-Lebanon apparently relies on assert identify and make publicly available the sources
that internal relocation is possible for Darfuri it relies on in shaping its policy in Lebanon, and
refugees, others say this option is not valid to put the 2006 regulations into practice without
for this category of refugees. In fact, several any additions.

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