Report on Human Rights Practices for 2000
Lebanon
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 heavily influenced by Syria. The
Parliament consists of 128 deputies, equally divided between Christian and
Muslim representatives. In parliamentary elections in August and
September, former Prime Minister Rafiq Hariri defeated incumbent Salim Al-Hoss.
President Lahoud named Hariri Prime Minister in October. 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, it is subject to
political pressure.
Non-Lebanese military and paramilitary forces control
much of the country. Approximately 25,000 Syrian troops are stationed
in locations throughout the country, excluding the south. In
addition, several armed Palestinian factions are located in refugee camps,
although their freedom of movement is restricted significantly. The
contingent of approximately 2,000 Israeli army regulars and 1,500
Israeli-supported militiamen that had controlled parts of the south
withdrew from the region completely by May. All undermined the
authority of the central Government and interfered with the application of
law in the patchwork of areas not under the Government's control. In
1991 the Governments of Syria and Lebanon concluded a security agreement
that provided a framework for security cooperation between their armed
forces. However, an undetermined number of Syrian military
intelligence personnel in the country continue to conduct their activities
independently of the agreement.
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 from their position in Lebanon's coastal
population areas 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
strong Syrian influence over Lebanese politics and decisionmakers makes
officials unwilling to press for a complete 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.
Until May 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).
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 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 over 1,000 police and soldiers to the former security
zone. After the withdrawal, Hizballah guerrillas maintained
observation posts and conducted patrols along the border with Israel.
The United Nations Interim Forces in Lebanon (UNIFIL) also increased its
area of operations following the Israeli withdrawal. Palestinian groups
operate autonomously in refugee camps throughout the country. The
Government did not attempt to reassert state control over the Palestinian
camps or to disarm Hizballah.
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 enforces laws, conducts searches
and arrests, and refers 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 "morale."
The security forces committed serious human rights abuses.
Before the 1975-90 hostilities, the country was an
important regional financial and commercial center. There is a
market-based economy in which the majority of the private sector work force
is employed in the services sector, such as banking and commerce.
There is a small industrial sector, based largely on clothing manufacture
and food processing. The annual gross national product is estimated
to be approximately $5,000 per capita. A reconstruction effort begun
in 1992 is moving forward. Substantial remittances from abroad offset
the trade deficit and resulted in a balance of payment surplus. The
economy has been in recession since 1998. Almost all economic
indicators pointed to decline. The budget deficit stood at 46 percent
of expenditure, compared with 37 percent for the corresponding period in
1999, and foreign investments dropped by 13 percent. The per capita
gross domestic product (GDP) is estimated at $4,700 and unemployment is
estimated to be as high as 20 percent. The country has a substantial
public debt of $22 billion (140 percent of the GDP).
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 government control over parts of
the country, shortcomings in the electoral system, and Syrian influence.
The August and September 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 opposed government policies.
Lengthy pretrial detention and long delays in trials are problems, and the
courts are subject to political pressure. International observers
reported that trials of former SLA personnel were not free and fair.
The Government infringed on citizens' privacy rights, and continued
surveillance of political activities during the year. The Government
partially limited press freedom by continuing to restrict radio and
television broadcasting in a discriminatory manner. Journalists
practice self-censorship. The Government continued to restrict
freedom of assembly, and imposes 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 servants are problems.
Until the IDF withdrawal and the collapse of the SLA,
artillery and aerial attacks by the various contending forces in southern
Lebanon threatened life and property. These forces committed abuses,
including killings, bombings, and abductions. The SLA maintained a
separate and arbitrary system of justice in the zone formerly controlled by
Israeli forces, which was independent of Lebanese central authority.
Prior to the SLA collapse, its officials arbitrarily arrested, mistreated,
and detained persons, and sometimes expelled local residents from their
homes in the zone. Palestinian groups in refugee camps maintain a
separate, often arbitrary, system of justice for other Palestinians.
Palestinians sometimes may appeal for legal recourse to Lebanese
authorities, often through their agents in the camps. In the past,
there were reports that members of the various groups that control the
camps detained their Palestinian rivals and, in some instances, killed
them; however, there were no reports that this occurred during the year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person,
Including
Freedom From:
a. Political and Other Extrajudicial Killing
There were no reports of political killings by
government authorities during the year.
Four persons died in custody during the year. In January
a Sudanese asylum seeker 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 allegedly because prison
officials refused to provide him with his medicine, which was manufactured
in Israel. In November one SLA detainee died of cancer and another
SLA detainee died from high blood pressure. The Military Court
initiated an investigation into the two deaths to determine whether or not
the detainees received proper medical treatment; however, it had not
reached conclusions by year's end. The Government subsequently
announced that it would review the medical records of all former SLA
detainees (see Section 1.c.).
In October 1999, one person was killed when a bomb
exploded in a Maronite church in Beirut (see Section 5).
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 5).
The judicial system continues to suffer from a backlog
of hearings into cases of death 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. An appeal in the case was scheduled to be held in
January 2001.
There were no developments in the 1996 beating death of
Akram Arbeed, who allegedly was attacked while accompanying a candidate in
the 1996 parliamentary election. The case is still pending.
A court hearing in the 1998 appeal made by the
prosecutor's office regarding the 1976 killing of U.S. Ambassador Francis
Meloy, Embassy officer Robert Waring, and their driver, Zohair Moghrabi,
has not been scheduled following a court verdict declaring the suspect,
Tawfiq Mohammad Farroukh, not guilty of murder for his role in the
killings.
The cycle of violence in and around the former Israeli
controlled security zone decreased significantly following the IDF
withdrawal in May. However, prior to the withdrawal, an estimated 20
Islamic resistance guerrillas, 8 Israeli soldiers, and 25 Lebanese
civilians were killed in the south as Hizballah, Amal, and Palestinian
guerrillas on the one hand, and Israeli forces and the SLA on the other,
engaged in recurring violence. For example, in May Hizballah attacks
in the north of Israel killed 1 person and injured 12. In retaliation
for these attacks, Israel shelled military and civilian targets in the
south, killing two persons. Israeli forces conducted air strikes and
artillery barrages on Hizballah, Amal, and Palestinian targets, including
civilian infrastructure, inside Lebanon. For example, on February 8,
in response to Hizballah attacks Israel conducted air strikes on electrical
power transformer stations and other targets, injuring over one dozen
civilians.
There were over 110 civilian injuries prior to the May
Israeli withdrawal, with most of the injuries involving minor wounds from
shrapnel and broken glass. Civilians accounted for over 70 percent of
the injured.
During the May IDF withdrawal from the south and the
concurrent collapse of the SLA, Israeli forces killed at least four
Lebanese civilians.
On October 7, IDF personnel killed 2 persons and injured
25 along the Israeli-Lebanese border during demonstrations against Israeli
government actions in Israel, the West Bank, and Gaza (see Section 2.b.).
On October 7, Hizballah launched shells on IDF positions in the She'ba
farms area in the Golan Heights; no injuries reportedly resulted from the
shelling.
On November 25, Hizballah guerrillas bombed an Israeli
patrol station in the She'ba farms area, killing 1 IDF soldier. In
response, Israel launched airstrikes on Hizballah positions in the south,
injuring one person.
b. Disappearance
There were no reports of politically motivated
disappearances.
The Government did not take any judicial action against
groups known to be responsible for the kidnapings of thousands of persons
during the 1975-1990 civil war.
In 1999 the Government established a military commission
to investigate the fate of all those who disappeared during the civil war.
In September 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, many of the family members of persons who
disappeared rejected the commission's findings and called for the creation
of a new commission.
In October during violent clashes in Israel, the West
Bank, and Gaza, Hizballah guerillas kidnaped 3 Israeli soldiers on patrol
in the north of Israel, demanding that the Israeli Government release all
remaining Lebanese detainees in Israeli prisons. At year's end,
Hizballah continued to hold captive the soldiers.
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, where suspects are interrogated in the
absence of an attorney. Such abuse occurs despite laws that prevent
judges from accepting any confession extracted under duress.
The Government held incommunicado most of the 2,400 SLA
personnel who surrendered to authorities following the IDF's withdrawal
from the south in May (see Section 1.d.). Some former SLA detainees
reported that they were abused or tortured. Amnesty International
(AI) and other human rights organizations reported that some detainees were
beaten, handcuffed, blindfolded, and forced to lie face down on the ground.
In 1999 police officials allegedly tortured in detention
a number of Sunni youths who were suspected in involvement in a series of
church bombings (see Sections 1.d. and 5).
In March ISF personnel used excessive force to disperse
a demonstration in front of the Prime Minister's residence protesting the
Government's expulsion of four Japanese Red Army members to Jordan.
The officers injured at least one demonstrator and a journalist (see
Sections 2.a. and 2.b.). The Government took no action against the
officers. Ten demonstrators were arrested but were released shortly
afterwards.
On April 17, in Beirut security forces used excessive
force to break up a demonstration calling for the withdrawal of Syrian
forces from the country; 13 persons were injured, and 8 persons were
arrested and subsequently tried and sentenced by a military court (see
Sections 1.d. and 1.e.).
On numerous occasions following the May IDF withdrawal
from the south, civilians threw rocks, hot oil, and Molotov cocktails at
IDF soldiers across the border, which resulted in some injuries.
Hizballah reportedly supported these cross-border attacks, and the
Government did little to halt them. On several occasions IDF troops
returned fire and sometimes injured civilians.
Abuses occurred in areas outside the State's authority,
including the Palestinian refugee camps. There were reports during
the year that members of the various groups that 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 about 8,375. Inmates lack
heat, adequate toilet facilities, and proper medical care. The
Government has not budgeted funds to overhaul the prison system. 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." 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 in order to provide them with skills upon release.
In September 36 inmates in Roumieh prison received certificates of
accomplishment following completion of a computer training program.
Three SLA detainees died of natural causes in custody
during the year; however, one detainee died allegedly because prison
officials refused to provide him with his medicine, which was manufactured
in Israel. One Sudanese detainee died of malaria during the year
after prison officials reportedly refused to offer him medical assistance
(see Section 1.a.). The Surete Generale, which mans border posts,
operates a detention facility. Hundreds of foreigners, mostly
Egyptians and Sri Lankans, are detained there pending deportation.
They reportedly are held in small, poorly ventilated cells.
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.
Local journalists and human rights organizations had
access to certain prisons during the year. Access to prisons
controlled by the Ministry of Defense was not permitted. Following
the Israeli withdrawal from the south, the Government did not grant
independent monitors access to former SLA soldiers in custody. In
December government officials stated that International Committee of the
Red Cross (ICRC) representatives would be allowed to visit all SLA
detainees; however, the Government did not sign a memorandum of
understanding 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 and the
SLA occasionally released and exchanged prisoners.
Hizballah did not permit prison visits by human rights
monitors. Before its May 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 Government uses arbitrary arrest and detention.
The law requires security forces to obtain warrants before making arrests;
however, military prosecutors, who are responsible for cases involving the
military as well as those involving espionage, treason, weapons possession,
and draft evasion, make arrests without warrants. Arresting officers
are required to refer a subject to a prosecutor within 24 hours of arrest,
but frequently do not do so.
The law requires the authorities to release suspects
after 48 hours of arrest if no formal charges are brought against them.
Some prosecutors flout this requirement and detain suspects for long
periods in pretrial confinement without a court order. The law
authorizes judges to remand suspects to incommunicado detention for 10 days
with a possible extension for an additional 10 days. Bail is
available only to those accused of petty crimes, not to those accused of
felonies. 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
arrest. Security forces detained and interrogated scores of citizens,
predominately Christian supporters of exiled General Michel 'Awn, and of
the jailed commander of the disbanded Lebanese Forces, Samir Ja'Ja'.
These detentions and searches of homes took place without warrants, and
detainees claim that they were not given access to lawyers. Most
detainees were released after they were forced to sign documents stating
that they would abstain from politics.
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. and 5).
On April 13, authorities detained students from the
National Free Current, a pro-'Awnist group, for distributing antigovernment
and anti-Syria leaflets (see Section 2.a.). In April ISF personnel
arrested and subsequently released a number of demonstrators (see Sections
1.c. and 2.b.). In September authorities detained nine Lebanese
Forces activists in connection with a rally protesting the Syrian presence
in Lebanon (see Section 2.b.); authorities released these detainees after
they paid a monetary fine.
The Government held incommunicado most of the 2,400 SLA
members who surrendered to the authorities following the IDF's withdrawal
from the south in May (see Section 1.c.).
The authorities often detain without charges for short
periods of time political opponents of the Syrian and Lebanese Governments.
Most of the former senior government officials who were detained in 1999 on
charges of embezzlement or misuse of power were released on bail, including
former Minister of Petroleum Shahe Baroumian. The former officials
were detained without charge for prolonged periods of time in Roumieh
prison, in violation of due process. Legal actions still are pending
against them; however, they are free to travel abroad.
Palestinian refugees are subject to arrest, detention,
and harassment by state security forces, Syrian forces, various militias,
and rival Palestinians.
There were no allegations during the year of the
transfer of citizens by government authorities to Syria. In December
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 will review each
case; persons who have completed their sentences will be released, and
persons with outstanding prison time will continue to serve out their
sentences. Human rights activists believe that there are remaining
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 2
decades ago, and remain in prolonged and often secret detention in
Syria." According to AI, Syrian forces operating in Lebanon
carried out searches, arrests, and detentions of Lebanese nationals outside
any legal framework.
In August Syria released Shaykh Hashem Minqara, 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 the state's authority,
including the Palestinian refugee camps. There were reports during
the year that members of the various groups that control the camps detained
their Palestinian rivals.
Local militias, including Hizballah, continued to
conduct arbitrary arrests in areas outside central government control.
There were credible reports that Hizballah detained scores of former SLA
militiamen before handing them over to government authorities for trial.
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 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.
Exile as a form of punishment 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 remained in France at
year's end. 'Awn was accused of usurping power. Former
President Amine Gemayel, who lived in France in exile for the past 12
years, returned to the country in July.
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 supervise the constitutionality of laws and
stipulates that judges shall be independent in the exercise of their
duties; however, influential politicians as well as Syrian and Lebanese
intelligence officers sometimes intervene to protect their supporters from
prosecution.
The judicial system is composed of the regular civilian
courts; the Military Court, which tries cases involving military personnel
and military-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.
The Judicial Council is a permanent tribunal of five
senior judges that adjudicates threats to national security. On 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. Defendants have the
right to examine evidence against them. The testimony of a woman is
equal to that of a man.
In April 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 (see
Sections 1.c., 1.d., and 2.b.). All of the students had been released
by year's end.
In June the Military Court began trying the cases of the
3,033 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 allow
the innocent to be acquitted nor ensure the discovery of those who may be
guilty of war crimes. According to AI, the court tried between
23 and 43 persons each day. SLA lawyers who requested an adjournment to
study the files of detainees were granted additional time. However,
in most cases, defense lawyers received the 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, 2,035 former SLA members received
sentences ranging from 1 week to life imprisonment. About 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 of the Penal
Code, which criminalizes taking up arms against the State. 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;
however, 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, 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. There were no additional
reports that former SLA members who returned to their villages were
subjected to harassment. The Government released most of the 220 SLA
militiamen who were tried following the June 1999 SLA withdrawal from
Jezzine in the south; however, 9 remained in prison at year's end.
Hizballah applies Islamic laws in areas under its
control. Palestinian groups in refugee camps operate an autonomous
and arbitrary system of justice. The SLA also maintained a separate
and arbitrary system of justice before its May disbandment.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
While the authorities generally show little interest in
controlling the personal lives of citizens, they readily interfere with the
privacy of persons regarded as foes of the Government. Laws require
that prosecutors obtain warrants before entering houses except when the
army is in hot 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
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 ministers and parliamentary deputies.
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 on their adversaries.
In August 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
targeted for the homosexual community (see Section 2.a.).
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of the press;
however, the Government partially limits this right in practice,
particularly by intimidating journalists and broadcasters into practicing
self-censorship. In 1998 the Government rescinded a total ban
on satellite news; however, it continues to censor television broadcasts on
a case-by-case basis.
The country has a long history of freedom of opinion,
speech, and the press. Although there were repeated attempts to
restrict these freedoms during the year, daily criticism of government
policies and leaders continued. Dozens of newspapers and hundreds of
periodicals are published throughout the country, financed by various local
and foreign groups. While the press is independent, press content
often reflects the opinions of these financial backers.
The Government has several tools at its disposal to
control freedom of expression. The Surete Generale is authorized to
approve all foreign magazines and non-periodical 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.
During the year, the Government did not bring charges
against any newspaper. In 1999 President Lahoud announced that under
his tenure no charges would be brought against any journalist because of
his writings or opinions. However, in June the Surete Generale banned
seven foreign publications for allegedly insulting the late Syrian
President Hafez Al-Asad. The Surete Generale seized at the airport
four newspapers and three magazines -- The Herald Tribune, Le Monde,
Liberation, the Financial Times, the Economist, Time, and Newsweek.
The Surete stated that "there were malicious attacks in some
publications which were not about political thinking but only sought to
defame Al-Asad and hurt the feelings of those upset by his death."
In September the Government banned an edition of The Economist because it
contained an article about Syria and the Middle East peace process, which
was deemed insulting to the Syrian Government. In December the State
Prosecutor's office questioned a journalist and two directors of An-Nahar
newspaper about an article that was critical of both the Lebanese and
Syrian security services. Following the interrogation, the State
Prosecutor released all three persons.
In April ISF personnel injured a journalist who was
covering a protest (see Section 1.c.). On April 13, authorities
detained persons for distributing antigovernment and anti-Syria leaflets.
The Military Court subsequently sentenced eight 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 Dr. Muhammad Mugraby criticized the country's
judicial system at a press conference. The State Prosecutor's office
requested that the Bar Association lift Dr. Mugraby's immunity in order to
prosecute him for defaming the judiciary, and the Bar Association complied
with this request. However, Mugraby challenged the decision of the
Bar Association; the case was pending at year's end.
In June the Government cancelled the passport of a
correspondent for Al-Hayat newspaper, allegedly because she
"fraternized with the enemy" when she appeared publicly with an
Israeli official. The Government reissued the journalist's passport
shortly after the incident.
In June the Military Court sentenced a man to 1 year
imprisonment for calling on the public to celebrate the death of the late
Syrian president Al-Asad.
In August government officials raided the office of an
Internet service provider (ISP) based on allegations that the ISP was
distributing pornographic materials through operation of a website 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.).
A court hearing remains pending in the case of An-Nahar
journalist Pierre Attallah, who was charged in absentia in June 1998 for
defaming the judiciary and entering Israel.
The country has a strong tradition of academic freedom
and 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.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly;
however, the Government restricts this right. In 1998 the Government
lifted its longstanding decree banning all demonstrations. 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, 'Awnists, and
supporters of former Prime Minister Hariri held several rallies during the
year; the 'Awnists demonstrated without a permit.
In June police forces prevented some 200 supporters of
exiled General Michel 'Awn from erecting two plaques at Nahr Al-Kalb, north
of Beirut; one plaque commemorated the Israel withdrawal from Lebanon and
the second plaque was left blank in anticipation of a withdrawal of Syrian
troops.
On several occasions during the year, military personnel
used excessive force to disperse protesters, sometimes arresting protesters
(see Sections 1.c. and 1.d.).
In October thousands of Palestinian refugees and
Lebanese citizens demonstrated peacefully on numerous occasions against
Israeli government actions in Israel, the West Bank, and Gaza.
The Constitution provides for freedom of association,
and the Government generally respects this right and does not interfere
with the establishment of private organizations; however, it imposes some
limits on this right. The law requires organizations to obtain from
the Ministry of Interior a receipt, which is essentially a permit, and may
be withheld by the Ministry.
The Ministry of Interior 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.).
Syria does not allow groups that it considers openly
hostile to operate in areas under its control.
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.
The State is required to ensure the free exercise of all
religious rites provided that public order not be 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 conceivable 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.
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. 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).
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 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. An attempt in 1998 by then-President Elias Hrawi to forward
legislation permitting civil marriage failed in the face of opposition from
the religious leadership of all confessions.
Article 473 of the Penal Code stipulates that one who
"blasphemes God publicly" faces imprisonment for up to a 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 were some
limitations prior to the Israeli withdrawal from the south. Travel to
Israel is prohibited by law. All males 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. Husbands may block travel by their wives and
minor children (see Section 5).
The LAF and Syrian troops maintain checkpoints
throughout much of the country. Prior to the Israeli withdrawal from the
south, the Lebanese Army, the IDF, and the SLA maintained tight
restrictions on the movement of persons and goods in and out of Israel's
self-declared security zone. Following the Israeli withdrawal, dozens
of customs and military intelligence officers were dispatched to the south.
In August the Government deployed approximately 1,000 ISF and LAF officers
to the south; however the officers were not deployed to the border by
year's end. The ISF assumed responsibility for maintaining law and order in
most of the region. Following the withdrawal, the Government
announced that citizens no longer required permits to visit Jezzine.
The U.N. Interim Forces in Lebanon also increased its area of operations in
the country.
There are no legal restrictions on the right of all
citizens to return. 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
during the civil war. In 1999 and continuing during the year, the
Central Fund for the Displaced paid 13,500 squatter families approximately
$65 million (97.5 billion Lebanese pounds) to move out of the homes they
occupied and disbursed an additional $133 million (195 billion Lebanese
pounds) for the reconstruction and rehabilitation of homes that were
damaged during the civil war. Although some persons have begun to
reclaim homes abandoned or damaged during the war, the vast majority of
displaced persons have not attempted to reclaim and rebuild their property.
The resettlement process is slowed by tight budgetary constraints,
destroyed infrastructure, political feuds, the lack of schools and economic
opportunities, and the fear that physical security still is incomplete 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 Chouf and Aley.
Some 6,000 SLA militiamen and their families fled to
Israel following the Israeli withdrawal and concurrent collapse of the SLA
in May. Approximately 1,580 of these former SLA personnel returned to
Lebanon, several hundred relocated elsewhere outside of Israel, and 4,400
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 militamen are welcome to return to the
country; however, they would face trial upon their return.
Most non-Lebanese refugees are Palestinians. The
U.N. Relief and Works Agency (UNRWA) reported in 1999 that the number of
Palestinian refugees in the country registered with the UNRWA was about
370,000. This figure, which includes only the families of refugees
who arrived in 1948, is presumed to include many thousands who reside
outside the country. Most experts estimate the actual number now in
the country to be fewer than 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 can
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 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.
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 does not
grant first asylum. 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.
There are nearly 3,600 non-Palestinian refugees (mostly
Iraqi Shi'a and Kurds) residing in the country, according to the UNHCR.
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. The Surete Generale denies UNHCR officials
access to the detainees. There were credible reports that the Surete
Generale detained Iraqi refugees and deported them back to Iraq.
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,
effective 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. There was some
improvement in the parliamentary elections held in August and September in
that there were fewer incidents of voter fraud and tampering with ballots
than in the previous election; however, the electoral process was flawed by
serious shortcomings.
According to the Constitution, elections for the
Parliament must be held every 4 years. The Parliament, in turn,
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
is 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.
Parliamentary elections in August and September were
flawed. The Syrian Government heavily influenced the electoral law
governing the process and also pre-approved 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 promote progovernment candidates and to denigrate the
leading opposition candidate, former Prime Minister Rafiq Hariri.
Officials applied inconsistent voting regulations, often favoring
progovernment candidates. Officials of various security services
became personally 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 the Beirut electoral districts,
former Prime Minister Hariri was appointed Prime Minister on October 23.
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. In 1999
municipal elections were held in 39 villages and towns. Local
observers reported that the elections were generally free and fair;
however, they were characterized by a number of irregularities, including
the absence of names from voting lists, the closure of the registration
department on voting day, and the presence of security personnel in polling
stations. By-elections in the areas formerly occupied by Israel are
scheduled to be held in 2001.
Women have the right to vote and there are no legal
barriers to their participation in politics; however, there are significant
cultural barriers, and women are underrepresented in government and
politics. No woman has ever held a cabinet position. In
September 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, generally organized around prominent individuals. Most
Palestinians live in refugee camps controlled by one or more factions. The
leaders of the refugees 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 1998 (see Section 1.d.). The Bar
Association and other private organizations regularly hold public events
that include discussion of human rights issues. Some human rights
groups reported harassment and intimidation by government, Syrian,
Hizballah, and SLA forces.
In July AI opened an office in the country.
During the year, government officials discussed human
rights problems with representatives of foreign governments and NGO's.
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. Religious discrimination is built
into the political system. The law gives preferences to the disabled
for employment in government positions. Discrimination based on race,
language, or social status is illegal and is not widespread among citizens;
however, foreign domestic servants often are mistreated.
Women
Violence against women is a problem. The press
reports cases of rape with increasing frequency, and cases reported are
thought 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 for fear of bringing shame upon their own families or
accusations of misbehavior upon themselves. Some religious courts
legally can compel 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 of crimes 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
Lebanese Council to Resist Violence Against Women, which was founded in
1997, has been active in working 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
legal recourse available to them because of their low status and 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 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.
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 the
home or their contact with friends and relatives. Women may own
property but often cede control of it to male relatives for cultural
reasons and because of family pressure. In 1994 the Parliament
removed a legal stipulation that a woman must obtain her husband's approval
to open a business or engage in a trade. Husbands may block foreign
travel by their wives (see Section 2.d.). The testimony of a woman is
equal to that of a man (see Section 1.e.). During the year, the
Government amended some labor laws affecting women. For example,
maternity leave was extended and women no longer are forbidden from working
at night.
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 funds to protect them. Many
children, particularly in rural areas, take jobs at a young age to help
support their families. In lower income families, boys generally
receive more education, while girls usually remain at home to perform
housework. Illiteracy rates have reached 37.5 percent. In 1998
the Government enacted a law making education free 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
class. The Government also raised the age of child employment from 8
to 13.
An undetermined number of children are neglected,
abused, exploited, and even sold to adoption agents. 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 legislative 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, others by working at low
wages. In 1999 the first Center for Street
Children was opened to house and rehabilitate street children. The
Center has been active in gathering children from various regions and
providing a home for them. The Center places disabled children in
institutions and refers children with police records to juvenile courts.
Juvenile delinquency is on the rise; many delinquents
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, which opened in 1998.
The Committee for Children's Rights, formed in 1993 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 prepared
legal studies and produced progress reports on national compliance with the
Convention on the Rights of the Child. The Ministry of Health
requires the establishment of health records for every child up to 18 years
of age.
People with Disabilities
Over 100,000 persons became disabled during the civil
war. Care of the disabled generally is performed by families.
Most efforts to secure education, independence, health, and shelter for the
disabled are made by some 100 private organizations. These
organizations are relatively active, although poorly funded.
The heavily damaged cities make few accommodations for
the disabled. The Government does not mandate building code
requirements for nongovernment buildings for ease of access by the
disabled, although the Government in its rebuilding projects has
constructed sidewalks in some parts of Beirut that allow access for the
disabled. The private "Solidere" project for the
reconstruction of downtown Beirut has self-imposed requirements for
disabled access. This project is considered a model for future
construction efforts around the country.
During the year, the Parliament passed amendments to the
law on disabled persons, which stipulates 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 disabled that were hired exceeded the
number specified in the law. The amendments also impose new building
codes in all government buildings and require that public transportation be
accessible for disabled persons.
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, has reduced significantly
the role of religious sectarianism in that organization. Each
religious group has its own courts for family law matters, such as
marriage, divorce, child custody, and inheritance.
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 this 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 radical 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 these
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 this operation (see Section 1.a.).
National/Racial/Ethnic Minorities
According to the United Nations, an estimated 370,000
Palestinian refugees are registered in the country (see Section 2.d.);
however, it is believed that fewer actually reside there. 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 in
the future the Government may reduce the size of the camps or eliminate
them completely.
The Government officially ended its practice of denying
work permits to Palestinians in 1991. However, in practice, very few
Palestinians receive work permits, and those who find work usually
are directed into unskilled occupations. They and 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 Palestinians and, to a lesser extent, 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 as
the Palestine Liberation Organization (PLO) closed many of its offices in
the country, which formerly employed as much as 50 percent of the
Palestinian work force. 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 and
crime reportedly are increasing in the camps, as is prostitution, 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 and have a legal right to strike. 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).
In general the Government does not control or restrict
unions, although union leaders allege credibly that in the past, the
Government has tried to interfere in elections for union officials.
Palestinian refugees may organize their own unions;
however, because of restrictions on their right to work, few Palestinians
participate actively in trade unions.
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.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not prohibited by law. In the absence of
a prohibition against it, children (see Section 5), foreign domestic
servants, and other foreign workers (see Section 6.e.) sometimes are forced
to remain in situations amounting to coerced or bonded labor.
e. Status of Child Labor Practices and Minimum Age for
Employment
The 1946 Labor Code stipulates that workers between the
ages of 8 and 16 may not work more than 7 hours a day, with 1 hour of rest
provided after 4 hours. In 1996 the Ministry of Labor amended this
law to define workers under the age of 13 as child labor, in accordance
with international obligations. 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. In 1999 the
Government passed legislation that 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 the 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 would also entitle
children to 20 hours of 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 Section 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
about $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 a week and workers in
other sectors work an average of 30 hours a week. Foreign domestic
servants, mostly of Asian and African origin, often are mistreated, abused,
and raped. 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, do 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 their employer 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 about
$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.
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.
f. Trafficking in Persons
The law does not prohibit specifically 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. There were no reports that persons were trafficked to,
from, within, or through the country.
Source: The
Country Reports on Human Rights Practices, U.S. State Department,
February 2000.
|
