COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS THE REPORT OF LEBANON

The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined eighteenth to twenty-second periodic report of Lebanon on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Najla Assaker, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, introducing the report, said that following the outbreak of bloody events in Syria in 2011, Lebanon, a country of four million people, had opened its doors to 1.6 million Syrian refugees, with all the social, economic, security and political consequences that this entailed. In addition, Lebanon was still hosting more than half a million Palestinian refugees who were awaiting their return to their lands occupied by Israel. Lebanon should not be alone in shouldering the burden of Palestinian, Syrian and Iraqi refugees and the international community should step up its support and allocation of resources. Important progress had been made in the fight against all forms of discrimination, including through a law against trafficking in persons, the prohibition of crimes of honour, and a law on the protection of women and all members of the family against domestic violence, and it was expected that the law establishing a national human rights institution would be adopted by the end of the year. The Lebanese-Palestinian Dialogue was created in 2005 to deal with all issues and matters related to living conditions of Palestinian refugees.

In the discussion that ensued, Committee Experts praised Lebanon for its policy towards refugees and, noting that it had the highest per capita population of refugees in the world, said that history would recognize its efforts in shouldering a burden disproportionate to its capacity. Lebanon should enact a comprehensive law prohibiting discrimination on the grounds of race, religion, gender, colour of skin, disability, refugee status and nationality to help it carry out its declared policy of ending discrimination. Experts raised concern about hate speech by politicians and in the media and asked about steps taken to curb and punish hate speech, including against refugees. Discrimination against Palestinian refugees remained a serious issue, in matters of property ownership, access to education and in the right to work. Experts noted that the United Nations had considerably reduced its support for Syrian refugees in Lebanon, which had increased the strain on the country’s infrastructure and resources. At the same time, because of the domestic opposition based on fears of disturbance of the delicate confessional balance, Lebanon had imposed visa restrictions for new arrivals and had made the renewal of residency permits more difficult. Other issues discussed with Lebanon included the situation of foreign and domestic workers, measures to address human trafficking and support victims, discrimination against women in matters of nationality, and access to justice for foreigners and refugees.

In concluding remarks, Anwar Kemal, Committee Expert and Rapporteur for Lebanon, said that the Committee would do its best to reflect some of the concerns expressed by Lebanon in its concluding observations, as well as issues related to criminalizing racist organizations, the situation of refugees, issues of nationality and the situation of domestic workers. The Committee would also state the need for the international community to play a proportionate role in the refugee crisis, which created a crushing burden on some countries.

Ms. Assaker expressed appreciation for the understanding by the Experts of the situation in the country and its humanitarian dimension in particular, and said that Lebanon was aware of the need to amend the laws and do whatever was necessary to bridge the gaps in the effective protection of human rights.

Anastasia Crickley, Committee Chairperson, expressed hope that by the time of Lebanon’s next review, the National Human Rights Commission would be established and present, and that there would be more contribution by civil society organizations.

The delegation of Lebanon included representatives of the Ministry of Foreign Affairs and Migrants, Ministry of Justice, Ministry of Education and Higher Education, Ministry of Interior and Municipalities, Ministry of Social Affairs, National Committee for Women Affairs, Lebanese-Palestinian Dialogue Committee, and the Permanent Mission of Lebanon to the United Nations Office at Geneva.

The concluding observations on the report of Lebanon will be made public on Monday, 29 August and will be available here.

Live webcast of country reviews is available at http://www.treatybodywebcast.org.

The Committee will reconvene in public on Thursday, 11 August at 3 p.m., to consider the combined twenty-second to twenty-third periodic report of Ukraine (CERD/C/UKR/22-23).

Report

The combined eighteenth to twenty-second periodic report of Lebanon can be read here: CERD/C/LBN/18-22.

Presentation of the Report

NAJLA ASSAKER, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, said that Lebanon was not imagining nor pretending that its legal and political regime was complete or perfect, and was aware that a smooth and targeted development process rather that a radical revolution was needed in order to achieve democracy. The Middle East and Lebanon had suffered unprecedented developments over the past decades, and the last review of Lebanon in 2006 had taken place in a very particular situation in which its institutions had been paralysed. Following the outbreak of the bloody events in Syria in 2011, Lebanon had found itself on the frontline of the displacement of millions of refugees fleeing the country, and had accommodated about 1.6 million Syrian refugees, with all the social, economic, security and political consequences. The arrival of such a huge number of refugees had had an impact on the social fabric and composition of Lebanon, which was facing a threat that might be existential.

Terrorist organizations based in Syria were also at the Lebanese borders and were forcing the country to use all its resources to counter those terrorist groups. In addition to those challenges, Lebanon had a number of long-standing challenges it had been facing since its decolonisation in 1963, and the occupation of parts of its territory by Israel, which had required the State to exert efforts over decades to find solutions for the consequences of this aggression. Lebanon was still hosting more than half a million Palestinian refugees, who were settled in refugee camps, awaiting their return to their lands occupied by Israel. In addition, Lebanon was facing increasing unemployment and emigration of its youth.

Despite the challenges, Lebanon was committed to fulfilling its international human rights obligations and had renewed its efforts to meet its reporting obligations to a number of human rights treaty bodies. Between 2010 and 2015, Lebanon had hosted several visits by the United Nations Special Procedure mandate holders, and had dealt with their reports and recommendations with a high level of responsibility and transparency. Since its establishment, Lebanon had been committed to a democratic and multi-partisan regime and had become a very special country in the region, whose Constitution highlighted the principle of equality and the right of all citizens to enjoy their fundamental freedoms, including the right to freedom of expression and freedom of religion or belief. Lebanon had achieved important progress in its fight against all forms of discrimination, and had adopted a law against trafficking in persons, a law prohibiting crimes of honour, and a law on the protection of women and all members of the family against domestic violence.

The draft law on the national human rights institution had been proposed, authorizing the creation of the Commission and defining its mandate and composition; it was expected that the law would be adopted by the end of 2016. In terms of action taken to combat racial discrimination, Lebanon had created the Lebanese-Palestinian Dialogue in 2005 to deal with all issues and matters related to living conditions of Palestinian refugees in Lebanon. The return of Palestinian refugees to their homeland was an important target and the rejection of a permanent settlement of Palestinian refugees in Lebanon was an important principle. Lebanon should not be alone in shouldering the burden of Palestinian refugees and hoped that the international community would provide sufficient resources to agencies providing support to this population, and that other humanitarian crises in the region would not adversely impact resource allocation. With regard to the social and political system, Lebanon had the intention to integrate 18 confessions in a balanced manner, as coexistence between confessions was at the core of its system. The balanced and comprehensive nature of Lebanon could be the model solution for stability and security in multicultural States.

Questions from the Committee Experts

ANWAR KEMAL, Committee Expert and Rapporteur for Lebanon, said that the report, although submitted after a gap of 12 years, was informative and concise, and supplemented by the 2004 concluding observations and information provided by civil society organizations, helped in understanding the situation in the country. There had been no official census in Lebanon since 1932 owing to the sensitive confessional political balance between various Lebanese groups. In addition to about 450,000 Palestinian refugees, more than 1.1 million Syrian refugees had been registered by the end of 2014; there were also about 400,000 Syrian workers in Lebanon, in addition to refugees. Did the population of Syrian refugees increase during 2015 and what was the estimated total number of refugees in the country?

Concerning the definition and prohibition of racial discrimination, the Rapporteur noted that a comprehensive law prohibiting discrimination on the grounds of race, religion, gender, colour of skin, disability, refugee status and nationality could be enacted to take on board the requirements of all international human rights treaties Lebanon was a party to, and so help it carry out its declared policy of ending discrimination.

With regard to hate speech by politicians and the media, one way of dealing with the problem might be to add provisions to existing laws banning hate speech. Politicians and journalists reportedly targeted foreigners and refugees, with the State taking action only in some instances. The Ethical Journalism Network had recently expressed concern about the crisis of hate speech in the Arab region, fuelled in part by the media. How did Lebanon curb and punish hate speech, including the less violent and indirect hate speech? What was the discourse of Lebanese politicians in relation to Syrian refugees? The law in Lebanon discriminated in the transmission of nationality, which was granted on a patrilineal basis, and excluded Lebanese women from granting Lebanese nationality to their children born to a non-Lebanese father.

Religious denominationalism, also known as confessionalism, was a striking feature in Lebanon, which recognized 18 religious denominations; each had its own legal system for regulating personal matters. The distribution of political and administrative posts had been originally made in accordance with the estimated population of each denomination. The post of the President of the Republic, which was supposed to be held by a Christian Maronite, had been vacant since 2014, while the Parliament – which required equal representation of Muslims and Christians - was in a deadlock having failed to elect the President of the Republic. The system as it existed today was supposed to be phased out but given the country’s history and geography, it was understandable why this denomination political system was perceived as one of the mainstays of coexistence among the Lebanese people. Recalling the repeated foreign military interventions in Lebanon, massive influx of refugees and the destructive civil war from 1975 to 1990, one should be careful in asking the State party to disturb this status quo.

Turning to the institutional framework for combatting racial discrimination and prejudice, Mr. Kemal asked about the time frame for the setting up of a national human rights institution in accordance with the Paris Principles, and about the filling of the post of the Mediator of the Republic created in 2005. The Parliamentary Human Rights Commission had announced its National Human Rights Plan in December 2012, which was expected to benefit the most vulnerable groups in the society; what was the process on the ground under this plan? What progress had been made in achieving the goals of the 2010 National Social Development Strategy based on the National Reconstruction Creation Document? The periodic report made reference to programmes to inculcate students on the need to reject all forms of racism, racial discrimination, xenophobia and related forms of extremism, and to raise their social awareness – what were the results of those campaigns and activities?

The Country Rapporteur recalled that, in its earlier concluding observations, the Committee had urged Lebanon to improve the situation of Palestinian refugees, but despite the steps taken, discrimination against the Palestinian population remained a serious issue. Palestinians, despite living in the country for a very long time, were bracketed with other foreigners and were prohibited from owning property, children did not have the right to free education, for a long time they had not been allowed to work, and the allowances paid by the United Nations Relief and Works Agency for Palestine Refugees in the Near East had been slashed from $30 to $27 per month. Lebanon deserved praise for its open border and reception policy towards refugees from Palestine, Iraq and Syria, and for its sustained efforts to ensure the protection of refugees and asylum seekers. With a population of four million, Lebanon hosted two million refugees and had the highest per capita population of refugees in the world.

The international community had failed to provide resources to support refugees, and the United Nations-led humanitarian response was grossly underfunded, thus contributing to the considerable strain on Lebanon’s infrastructure and resources, and the emergence of many health, social and economic problems in Lebanon. The United Nations support for Syrian refugees in Lebanon had been considerably cut, and was below the subsistence level, with more than 70 per cent of Syrian families living below the poverty line. At the same time, because of the domestic opposition based on fears of disturbance of the delicate confessional balance, Lebanon had imposed visa restrictions for new arrivals and had made the renewal of residency permits difficult.

Committee Experts praised Lebanon for its policy towards refugees and remarked that history would recognize its efforts in shouldering a burden disproportionate to its capacity. The country’s report was being presented in an explosive context, and those remembering history should recall that Lebanon had been the first democracy in the region, which had protected it from foreign influence and attempts of destabilization. Lebanon had to deal with the increasing number of refugees and the aftermath and consequences of the civil war. It was the duty of the Committee to help Lebanon fight the discrimination that it was a victim of, and help it find peace.

When would Lebanon recognize the competence of the Committee to receive individual communications in accordance with article 14 of the Convention? Lebanon had adopted some legislation to deal with the labour migration, such as the Decision 381 on the model contract for domestic workers, but had not yet acceded to the International Labour Organization Convention 119 on domestic workers. Another problem in Lebanon was the entire new generation of non-nationals, who were born in the country, such as Palestinian refugees or children of stateless parents.

The voting age in Lebanon was set at 21, why was that? Lebanon had achieved important progress in addressing the question of domestic workers and a Committee Expert congratulated Lebanon on addressing all the Committee’s recommendations made in this regard, urging it to crown its efforts by ratifying the International Labour Organization Convention 119.

Another Expert asked the delegation to provide further information about the scale of the problem of trafficking in persons in the country, the data on cases, prosecutions and convictions, and on the scope and impact of the steps and measures taken to address this problem. What was the situation concerning hate crimes in Lebanon?

With regard to foreign domestic workers, the delegation was asked who interpreted the terms of the employment contract, whether complaints against employers were documented and what they related to, what recourse domestic workers had, and what opportunities were there for them to remain in the country after their contracts expired. Female-headed refugee households were in a particularly vulnerable situation and were often victims of sexual abuse. It was reported that 70 per cent of Syrian refugees who worked were engaged in agriculture, not because they lacked skills but because the Government prohibited employment in several key areas.

The denominational and multi-confessional system was supposed to be phased out gradually, Experts remarked and asked whether the adoption of a Civil Code would facilitate the situation of those who did not follow a religion or confession, for example in matters of marriage. It could also be a useful first step in phasing out the denominational system. Under the system, each religion governed individuals and families under the system of personal status laws, which was troubling to the Committee in terms of ensuring that all individuals were treated equally.

What was the relationship between non-governmental organizations and the Government in addressing the challenge of hosting the refugees?

Responses by the Delegation

The head of the delegation thanked the Committee Experts for their understanding of the situation of Lebanon and the solidarity they had expressed.

With regard to questions concerning the definition of racial discrimination in the law, a delegate said that the Constitution clearly stipulated the commitment to the Universal Declaration of Human Rights, which was above the national laws of Lebanon. The law contained the definition of discrimination as defined by the United Nations.

The protection of religious minorities and freedom of abiding or not by any religion was clearly stipulated in the Constitution. The State had the obligation of respecting all religions and all religious traditions as long as there was no prejudice to public order. The judiciary played an instrumental role in the respect of freedom of religion or belief. Court decisions confirmed that the definition of freedom of religion or belief also included the right of an individual not to have a religious belief; gave a person the right to change a name if it reflected their confession; and also the right not to record their religion or confession. On the issue of civil marriages, Lebanon recognized civil marriage between Lebanese residents abroad, and also the marriage of two Lebanese nationals who did not belong to any confession, and which was contracted before a notary.

The Taif Agreement between the Lebanese in 1990 had stipulated that a Committee must be established to eradicate the denominational system and to adopt a road map to emerge from the confessional system in which public offices were reserved for one confession or another, even though this was not a constitutional provision. However, moving beyond the confessional system was not always supported by the population. It also required the reform of personal status laws and the adoption of one civil law, which had not yet been agreed.

Lebanon was a country of political denominationalism or confessionalism; the political authorities were engaged in a political dialogue to develop and rework the document of living together in peaceful conviviality. The country was committed to eliminating all forms of racial discrimination, which would be achieved with the full application of the Convention, which would also rid the world of racial discrimination. Lebanon’s national covenant or pact had materialised in the sharing of power between the components of the State, and political denominationalism or confessionalism was a formula chosen by the society to govern the State and the society. The peaceful conviviality could be a message from Lebanon to other States in the Middle East and a beacon of hope.

This living together between different communities was grappling with an existential threat characterised by a serious demographic imbalance, due in large part to the Syrian refugee crisis in Lebanon. This crisis was a crisis of solidarity, with the international community not fulfilling its duties and not rising to the challenge; it was first and foremost the Syrian civilians who were paying the price of this crisis, but also the people of Lebanon and other countries in the region. Lebanon was not a signatory to the 1951 Refugee Convention, and yet had maintained the policy of open borders. More than 200,000 refugee children studied in Lebanese schools, in addition to 170,000 Lebanese children. The economic and financial impact of this crisis on Lebanon was enormous, as were its security implications in terms of the burden placed on security forces in fighting terrorism and extremism.

In 2014, Lebanon had been forced to start regulating the entry of Syrians to ensure that the country did not collapse under the burden. Thus, rules of access had been put in place, under which those transiting were allowed entry, while asylum requests were being studied under a different mechanism. Nevertheless, children and family members of refugees already in the country were allowed immediate access, as were those seeking refuge for humanitarian reasons. Syrian refugees were hosted in 1,700 communities and villages – in some of them they even outnumbered the Lebanese. In the absence of international solidarity, improving the situation of Syrian refugees could not be done simply by pointing fingers at some States that were already shouldering a very heavy burden. It was absolutely vital for the international organizations to coordinate better between themselves and the Government to ensure a proper humanitarian response, and to increase humanitarian assistance to Syrian refugees currently in Lebanon.

With regard to Palestinian refugees in Lebanon, they were still waiting for Israel to accept their right to return. The special status of Palestinian refugees according to international law made then a category of refugees not covered by the 1951 Refugee Convention and they did not benefit from the United Nations Refugee Agency services nor could they be resettled to a third country. They had the right to return to their homeland and their property, and seek compensation. Lebanon, as a host country, had responsibilities in ensuing services to the Palestinian refugees, but at the same time, the United Nations Relief and Works Agency for Palestine Refugees in the Near East had been created to provide support to Palestinian refugees until their return to their homeland. However, the Agency was seriously underfunded – this year its budget lacked $ 100 million – and Lebanon, with all its problems and financial constraints, could not be expected to make up for that shortfall.

There were 460,000 Palestinian refugees registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and more than 500,000 registered with the State. Rejecting the permanent settlement of Palestinians in Lebanon was something that both Lebanese and Palestinians agreed upon and therefore they did not have the right to a nationality in Lebanon in order to ensure that they maintained the will and the right to return. The responsibility of providing education to refugees was one of the main tasks of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, which spent half of its budget on education. Palestinian children who were far away from the United Nations Relief and Works Agency for Palestine Refugees in the Near East’s schools could access Lebanese public schools.

The Ministry of Health covered some health services not covered by the United Nations Relief and Works Agency for Palestine Refugees in the Near East such as dialysis, vaccination and others. The 2011 law had introduced new rules which had linked property ownership by Palestinians to some political considerations. The Government, in cooperation with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, had launched the initiative to improve infrastructure in Palestinian camps and had spent $ 80 million on various projects. The land where camps were based was the property of Lebanon. In terms of employment, the Lebanese law gave trade unions and syndicates the right to organize their professions so the State itself did not have a role in regulating access for Palestinians.

Women in Lebanon enjoyed basic and complementary rights, including the right to nationality, which according to the law, was transmitted by the father. In order to address this discriminatory provision, several draft laws had been submitted in 2010 and 2011 to ensure full equality between women and men in the matter of nationality. A ministerial Committee had been established to examine those draft laws, which had led to the adoption of interim measures, including courtesy residence permits to foreign husbands of Lebanese women after one year of marriage, and allowing work in all professions to foreign husbands of Lebanese women and not only to professions reserved for foreigners. Civil society organizations were very engaged on this issue and had undertaken several campaigns for the rights of the family and the nationality of children.

Further on the situation of women, a delegate explained that there was a strong movement to adopt a gender quota for political participation as an interim measure to change social patterns; three draft laws in this regard had been tabled. Women and all members of the family were protected from domestic violence by law, which ensured strict sanctions for offenders. Crimes of honour had been abolished and work was ongoing on abolishing the law which expunged the crime of rape if the rapist married the victim. Maternity leave had been increased to 10 weeks of full pay in the public and private sectors, full gender equality had been introduced in tax laws and regulations, a law had been introduced which allowed the inheritance of pension benefits by the surviving spouse, and women were allowed to open a line of credit for their minor children.

Follow-up Questions from the Experts

Committee Experts asked about the involvement of Lebanon in the United Nations Summit on Refugees and Migrants, which would take place on 19 September. The Expert welcomed the law on hate speech and asked for figures that would demonstrate its impact, and encouraged Lebanon to step up efforts to rescind legal provisions that absolved rapists of their criminal responsibilities. Another Expert hailed Lebanon for its efforts in achieving gender equality and the legal changes adopted to bring gender equality within personal status laws, including the law criminalizing honour crimes. Before gender equality in politics, women had to feel equal with men in family matters, and economic and cultural rights, so changes and reforms in this regard should be accelerated.

ANWAR KEMAL, Committee Expert and Rapporteur for Lebanon, said that Lebanon was among the most progressive countries in the Middle East and therefore the expectations of the Committee were high.

Responses by the Delegation

Responding, a delegate said that a comprehensive strategy for full gender equality was in place in Lebanon, and it addressed the issue of paternity leave, which was the subject of a law currently being prepared. The draft law on gender equality in nationality had not yet been adopted largely because of the impact of the more than two million refugees from Syria, Iraq and Palestine, and the effect they were having and might have on the demographic composition of Lebanon. The National Committee for Women had submitted a draft law to regulate the marriage of minor girls, which at the moment was governed by personal status laws, which requested that all confessions agreed to ban the marriage of children under the age of 16.

Responding to questions related to the fight against trafficking in persons, a delegate confirmed that Lebanon was employing efforts to fight the scourge and provide compensation to victims without discrimination. The law 164 of 2011 defined the crime of human trafficking, sanctions for the perpetrators, and ensured the treatment of victims without any discrimination on the grounds of origin, nationality, race, gender, etc. The effective implementation of the law was being supervised by the authorities in cooperation with civil society organizations and the Human Right Institute of the Beirut Bar Association; those, as well as different ministries and the Council for Children, were members of the Joint Committee on Human Trafficking. The Ministry of Justice and internal security forces had signed a memorandum of understanding with non-governmental organizations on the provision of assistance to victims of human trafficking.

Concerning the right of refugees to seek compensation and fair trial, it was explained that everyone - foreigners and citizens alike - had the right to litigation, including to file a civil suit or defend themselves in court. Filing a lawsuit involved the payment of a fee, with an additional fee imposed on foreigners, which was a guarantee against the abuse of the system. The fee could be lifted by a judicial decision. Foreigners living in the country could enjoy access to legal aid if bilateral agreements with their country of origin were in place. Victims of human trafficking had the right to remain in Lebanon for the duration of judicial procedures against the perpetrators.

Freedom of expression and opinion, as well as freedom of religion or belief, were basic freedoms guaranteed by the Constitution, but freedom of expression was limited in the context of hate speech. Although there was no specific law prohibiting hate speech in Lebanon, the Criminal Code, the Television and Radio Law, and the Act on Publications contained provisions which defined, prohibited and punished hate speech and acts of incitement to hate. Any propaganda of racial and any other superiority over foreigners was prohibited.

There was no prohibition against any nationality to work in Lebanon. Migrant and domestic workers came from many countries, but mainly from Ethiopia, Bangladesh and Pakistan. The regulations were clear in that no foreigner could work without a contractual relationship with an employer and the work contract was the main document which completed prior work authorisation. Agencies that recruited domestic workers played a crucial role of mediator in compliance with the regulations. Foreign workers had the right to a salary, non-discrimination, maximum hours of work, compensation for additional work, medical and annual leave, and other rights enjoyed by citizens, but for example they could not be candidates for a trade union. Domestic workers had been exempted from the Labour Law, but enjoyed special provisions such as unified work contracts which must be signed by the employer when requesting work authorisation, and which gave certain rights to domestic workers. Foreigners were not discriminated against in access to justice, but the obstacles they had were not legal but cultural, making them hesitant to approach the courts. They could bring civil proceeding to a court in matters pertaining to their contracts and had access to fast-track proceedings. Equally, they had the right to criminal proceedings for all criminal acts committed against them, including violence, sexual violence and abuse, or false allegations of wrongdoing.

The draft law on the creation of the National Human Rights Commission was being examined by the Parliamentary Commission. The draft law contained provisions concerning composition, mandate, and powers of the Commission and it was expected that it would be adopted by the end of the year.

Further Questions and Responses

In follow-up questions and comments, a Committee Expert welcomed the description of the composition and the mandate of the National Human Rights Commission and stressed the absolute need to ensure its independence and provide it with human and financial resources for it to properly implement its mandate. Lebanon had been dealing with refugee situations for the past 70 years and it had a very important role to play in the upcoming United Nations Summit on Refugees and Migrants on 19 September.

Responding, the head of the delegation said that the United Nations Summit on Refugees and Migrants would be crucial to define the fate of 244 million people displaced in the world today. Also, it was a vital platform for Lebanon to share its concerns and experiences in hosting refugees. It was important to recognize that the 244 million people came from and into different contexts and it would be hard to find a one-fit-all solution. Lebanon had highlighted its concerns in the preparation to the Summit and stressed that since 2011, several international conferences had taken place on the situation of refugees and displaced persons, and that the gap between the resulting commitments and actual resources provided was enormous. The countries hosting large numbers of refugees and internally displaced persons must be provided with resources and assistance by others.

ANASTASIA CRICKLEY, Committee Chairperson, shared the concerns related to the situation of refugees and said that the aim of the Committee was to ensure that international standards in this regard were respected.

On the question of the National Human Rights Commission, a delegate welcomed the Experts’ remarks concerning its independence and said that the Commission would have a Sub-committee in charge of combatting torture.

Further Questions from the Experts

In the next round of questions and comments, ANWAR KEMAL, Committee Expert and Rapporteur for Lebanon, thanked the delegation for its very precise and technically sound responses and said that the Committee was very keen on having a clear definition in Lebanon on what was racial discrimination. In its Constitution, Lebanon defined equality in general terms to cover discrimination on many grounds, even more than in the Convention, and as such, it met international standards. However, defining it in “general terms” required spelling it out in clear terms and codifying it in the law.

Another Committee Expert welcomed steps and decisions adopted to protect foreign and domestic workers and asked how those domestic workers who were already in work could leave if there were difficulties. It was important to ensure spot-checks of domestic workers to ensure they worked in good conditions and that their rights were respected.

ANASTASIA CRICKLEY, Committee Chairperson, asked about the hotspots and hotlines that domestic workers could use and also about steps taken to protect those most vulnerable to racial discrimination.

Further Responses by the Delegation

Lebanon did not have a special law that defined discrimination or that defined sanctions for discrimination. However, the preamble of the Constitution defined the concept and the basic principle to fight discrimination, which was equality. Equality was another side of discrimination and it was not possible to have non-discrimination without equality. There seemed to be a dire need in Lebanon, especially after ratifying the International Convention on the Elimination of All Forms of Racial Discrimination, to have a specific law to criminalize discrimination and define it in accordance with the Convention and the observations by the Committee.

The situation of domestic workers was a source of concern and it was an issue to which authorities paid much attention. The handbook and the manual on the rights of domestic workers were systematically distributed at the airports, in a language they understood. Additional measures were being taken to address the situation of domestic workers who might be victims of human trafficking.

In follow-up questions, a Committee Expert asked about the plans to organize a census of the population, noting that the last one had taken place in 1932, and it was important for the Committee to know what the demographic composition of the country was. Another Expert spoke about the employment contract for domestic workers which set the annual leave not exceeding six days, which was contrary to the labour rules and regulations in most countries in the world. The contracts were made under the supervision of the relevant Ministry – did inspectors visit homes to check on domestic workers and their situation?

Responding, a delegate said that six days annual leave for domestic workers was contrary to the practice in other countries, but it must not be forgotten that they lived with families and that they had Sunday off, which meant that their annual leave was rather long. Domestic workers were not subject to the Labour Law, the Ministry had put in place some measures to provide regulation, but visiting homes was not part of the mandate of labour inspectors. However, social workers were visiting homes and they had the same mandate as labour inspectors. Lebanon was drafting the law on domestic workers which would include provisions related to inspection by labour inspectors. Foreign workers could enter the country only with a valid work permit, and upon their arrival to the airport, domestic workers were handed over to their employer, and no one else.

The Lebanese did not claim that the situation of rights of domestic workers was exemplary; however, within its limited resources and in the light of the crisis which had had an impact on the role of public institutions and the administration, Lebanon was seeking to take all measures to assist female domestic workers and improve their conditions. No one could enjoy their rights unless they claimed them; that was why the protection of the rights of domestic workers must start with raising awareness about their rights among domestic workers and this was what the Ministry of Labour was doing. In addition, and given the particular vulnerability of female domestic workers, the Ministry of Justice and Ministry of Interior were providing training to labour inspectors in identifying and supporting victims of human trafficking. A delegate explained that international treaties had supremacy over the national law, and once ratified, they would enter into the law as all other legal texts.

Concluding Remarks

ANWAR KEMAL, Committee Expert and Rapporteur for Lebanon, said that the rich dialogue had brought into stark relief the problems that Lebanon had faced for so many years without adequate support from the international community. The Committee would do its best to reflect some of the concerns expressed by Lebanon in its concluding observations, as well as issues related to criminalizing racist organizations, the situation of refugees, issues of nationality and the situation of domestic workers. The Committee would also state the need for the international community to play a proportionate role in the refugee crisis, which created a crushing burden on some countries.

NAJLA ASSAKER, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, said that the General Directorate for Statistics of Lebanon collected data on living conditions of Lebanese in the country and abroad, and that Directorate also collected data on the number of citizens. Lebanon was relieved because it felt that the Committee was very understanding of particular conditions in the country, which had greatly facilitated the discussion. Although Lebanon had been witnessing a series of wars and aggressions and was under the burden of a socio-economic crisis, it had been and would remain committed to taking all necessary measures to promote and respect human rights in all fields. Lebanon was aware of the need to amend the law and do whatever was necessary to bridge the gaps in the effective protection of human rights. The delegation particularly appreciated that Experts also examined the humanitarian dimension of the situation in the country, and were leaving the dialogue armed with the will and motivation for more achievements in the future.

ANASTASIA CRICKLEY, Committee Chairperson, expressed hope that by the time of Lebanon’s next review, the National Human Rights Commission would be established and present, and that there would be more contribution by civil society organizations from Lebanon.


For use of the information media; not an official record

CERD16/019E