UN Human Rights Committee publishes findings on Lebanon

Gender Equality

While welcoming the measures taken to promote gender equality, the Committee is concerned about the persistence of patriarchal stereotypes regarding the role of women and men in the family and in society. It is also concerned that, despite some progress in the representation of women in political and public life, particularly at local levels, women continue to remain underrepresented in legislative and executive bodies and in decision- making positions (arts. 2, 3, 25 and 26).

The State party should strengthen its measures to ensure gender equality and should develop strategies to combat patriarchal attitudes and stereotypes on the roles and responsibilities of women and men in the family and in society at large. The State party should step up its efforts to achieve an equitable representation of women in the public and political sphere, including in legislative and executive bodies, particularly in decision-making positions, if necessary, through appropriate temporary special measures, to give effect to the provisions of the Covenant.

Violence against women, including domestic and sexual violence

While welcoming the repeal in August 2017 of article 522 of the Criminal Code that exempted a rapist from criminal liability if he married the victim, the Committee is concerned that articles 505 and 518 of the Criminal Code are still reportedly used to exempt rapists of minors between 15 and 18 years of age from prosecution or punishment when they have been promised for marriage to the rapist by parents. The Committee is also concerned about: (a) shortcomings of Law No. 293 of 2014 on the protection of women and other family members from domestic violence, including its restrictive definition of domestic violence; (b) the absence of criminalization of marital rape and sexual harassment; (c) the lack of official statistics regarding violence against women, including domestic violence and rape; (d) limited investigations and prosecution of such cases. The Committee notes that amendments to Law No. 293 of 2014, as well as bills aimed at criminalizing sexual harassment in the workplace and at reviewing articles 505 and 518 of the Criminal Code are currently under discussion (arts. 2, 3, 7 and 26).

The State party should:

(a)  Ensure the criminalization of domestic violence, the explicit criminalization of marital rape and of sexual harassment, and the effective implementation of such legislation in practice;

(b)  Amend articles 505 and 518 of the Criminal Code to ensure that perpetrators of rape incur criminal responsibility without exception and regardless of the age of the victim;

(c)  Strengthen preventive measures, including awareness-raising campaigns to combat violence against women, systematically informing women of their rights and encouraging reporting of such violence to law enforcement authorities;

(d)  Ensure that law enforcement officers, the judiciary and other relevant stakeholders receive appropriate training on how to detect and deal properly with cases of violence against women;

(e)  Ensure the collection of data on violence against women and that all cases of violence against women are promptly and thoroughly investigated, that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and that victims have access to protection and to effective remedies.

Death penalty

While welcoming the fact that the State party has not carried out any executions since 2004, has not imposed any death sentence since 2014 and the move towards a moratorium, the Committee is concerned that under domestic legislation the death penalty can be imposed for crimes that do not meet the threshold of the “most serious crimes” within the meaning of article 6 (2) of the Covenant (art. 6).

The State party should maintain the moratorium on executions and give due consideration to the legal abolition of the death penalty. Pending the abolition of the death penalty, the State party should undertake a comprehensive review of relevant legislation to ensure that the death penalty can be imposed only for the most serious crimes, that is, only for crimes of extreme gravity involving intentional killing. It should also consider ratifying or acceding to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty.

Enforced disappearances

While welcoming the decree of 4 March 2014 of the State Consultative Council recognizing that relatives of disappeared and missing persons have the right to the truth, the Committee is concerned about: (a) thousands of unresolved cases of disappeared and

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The State party should:

(a)  Effectivelycriminalizeenforceddisappearance;

(b)  Establish an independent national authority mandated to search for the disappeared and missing persons and a centralized registry of disappeared persons;

(c)  Investigate all unresolved cases of disappeared persons in order to clarify their fate and whereabouts and ensure that the victims and their relatives are informed of the progress and results of the investigation; identify those responsible and ensure that they are prosecuted and punished with appropriate penalties that are commensurate with the gravity of their crimes; and ensure that victims of enforced disappearance and their families are provided with full reparation, including rehabilitation, satisfaction and guarantees of non-repetition;

(d)  Ensure that the crime of enforced disappearance is outside the scope of any amnesty laws;

(e)  Publicize the reports of the Commissions of Inquiries on the matter of disappeared and missing persons;

(f)  Revitalise efforts aimed at completing the process of ratification of the Convention on Enforced Disappearances.

Voluntary termination of pregnancy and reproductive health

The Committee is concerned that articles 539 to 546 of the Penal Code criminalize abortion, except in the event of grave danger to the life of the woman. While noting the State party’s assertion that judges may authorize abortion, on a case-by-case basis, the Committee is concerned about reports of women resorting to unsafe abortions, which put their lives and health at risk. The Committee is also concerned about the requirement of the approval of two medical specialists in addition to the consulting doctor or surgeon who might refuse to perform abortions for reason of conscience (arts. 3, 6, 7, 17 and 26).

The State party should amend its legislation with a view to ensuring effective access to safe, legal abortion when the life or health of a pregnant woman or girl is endangered and when carrying a pregnancy to term would cause the woman or girl substantial pain or suffering, most notably when the pregnancy is the result of rape or incest or when it is not viable. It should ensure that women and girls who have recourse to abortion and the doctors who attend to them are not subject to criminal penalties, and lift barriers, such as those related to multiple medical authorizations and conscientious objection, since the existence of such penalties and barriers compel women and girls to resort to unsafe abortions, which put their lives and health at risk. The State party should furthermore implement educational policies to raise awareness on sexual and reproductive health among women, men and adolescents and ensure access to appropriate and affordable contraception and reproductive health services.

Torture and ill-treatment

The Committee is concerned that the new law criminalizing torture (Law 65/2017) adopted on 26 October 2017 does not meet the requirements of article 7 of the Covenant as it: (a) limits the definition of torture to situations of investigation, interrogation, judicial missing persons during the civil war and the absence of any prosecutions for such acts; (b) the absence of comprehensive legislation on disappeared and missing persons and of an independent national body mandated to search for the disappeared and missing persons; (c) amnesty legislation that does not explicitly exclude enforced disappearance from its scope of application. The Committee also regrets that the State party has not acted on the Decree No. 618 of 8 August 2007 providing for the draft act on the ratification of the Convention on Enforced Disappearances. The Committee notes that two bills on the issue of disappeared persons and their families and on the collection and storage of DNA of families of disappeared persons are under discussion (arts. 2, 6, 7, 9 and 16). investigation, trial, and punishment; (b) fails to criminalize cruel, inhuman, and degrading treatment or punishment; (c) includes a statute of limitations for prosecuting torture; (d) prescribes penalties that do not reflect the gravity of the crime; (e) does not provide for effective remedies and reparation (arts. 2 and 7).

The State party should, as a matter of urgency, amend its criminal legislation with a view to bringing the definition of torture into accordance with article 7 of the Covenant and other internationally accepted standards. It should also ensure that the crime of torture is not subject to a statute of limitations, that penalties for torture are commensurate to the gravity of the crime, and that victims have, both in law and practice, access to full reparation, including rehabilitation, adequate compensation and the possibility of seeking civil remedies independent of criminal proceedings.

While noting the measures taken to prevent and combat torture, the Committee is concerned about allegations of torture and ill-treatment by security forces of persons deprived of their liberty, including of prisoners in Roumieh prison in June 2015, that have reportedly led to death in some cases, and about the limited accountability for such acts (arts. 6, 7 and 10).

The State party should take robust measures to eradicate torture and ill- treatment, inter alia by:

(a)  Providing adequate training on torture prevention and humane treatment to security forces and other law enforcement personnel;

(b)  Ensuring regular and effective monitoring and inspection of all places of deprivation of liberty by the Committee for the Protection from Torture (the national preventive mechanism);

1. (c)  Ensuring that criminal proceedings can be initiated by the prosecutor ex officio whenever he or she receives information that torture has taken place;

(d)  Ensuring that all allegations of torture and other ill-treatment and deaths in custody are promptly and thoroughly investigated by an effective and fully independent mechanism, that perpetrators are prosecuted and, if convicted, are punished with sanctions consistent with the severity of the crime, and that victims and, where appropriate, their families, are provided with full reparation, including rehabilitation and adequate compensation;

(e)  Collecting data on cases of torture and ill-treatment, prosecutions and convictions secured and making such information public.

Liberty and security of persons

The Committee is concerned about reports of: (a) arbitrary and extrajudicial arrest and detention by security forces, including incommunicado detention, with no access to a lawyer; (b) frequent violation of the 48-hour legal timeframe within which a person suspected of an offence is brought before a judge, and exceptions to the 48-hour rule provided for under article 108 of the Code of Criminal Procedure in cases of crimes against state security and other serious crime; (c) the large number of prisoners held in pretrial detention and prolonged pretrial detention without access to counsel; (d) pretrial detention of children especially in cases of crimes committed together with adults. It is also concerned that the defence counsel is not entitled to attend the interrogations of his or her client during the preliminary investigation (arts. 9 and 14).

The State party should bring its legislation and practices into compliance with article 9 of the Covenant, taking into account the Committee’s general comment No. 35 (2014) on liberty and security of person. It should, inter alia:

(a) Ensurethattheexistingmaximumperiodofdetentionbeforeappearancebeforea judge and the statutory limits on pretrial detention are strictly adhered to in practice; and that pretrial detention of juveniles is avoided to the fullest extent possible;

(b)  Increase resort to non-custodial alternative measures to pretrial detention in practice;

(c)  Ensure that all persons deprived of their liberty have, in practice, prompt access to a lawyer from the very outset of their detention.

Right to privacy and surveillance

The Committee is concerned about reports of arbitrary interference with the privacy of individuals, including allegations of mass surveillance of digital communications; allegations of direct authorizations by the Prime Minister for interception of private communications and access to data without the prior judicial authorization required by law; and full telecom data access granted to security agencies following the relinquishment of the Council of Ministers’ authority to approve or deny such requests. The Committee is also concerned about insufficient protection of biometric data under the current legal framework, and notes that a bill on this issue was submitted to the Standing Committee of the Parliament (arts. 2 and 17).

The State party should ensure that all laws governing surveillance activities, access to personal data and communications data (metadata) and any other interference with privacy, are in full conformity with the Covenant, in particular article 17, including with the principles of legality, proportionality and necessity, and that State practice conforms thereto. It should inter alia ensure that (a) surveillance, collection of, access to and use of data and communications data are tailored to specific legitimate aims, are limited to a specific number of persons and are subject to judicial authorization; (b) effective and independent oversight mechanisms are in place to prevent arbitrary interference with privacy; and (c) affected persons have proper access to effective remedies in cases of abuse. The State party should also ensure biometric data protection guarantees, in accordance with article 17 of the Covenant.

Treatment of prisoners

While noting the measures taken by the State party to address overcrowding and improve conditions of detention, including the refurbishment of existing prison facilities and the building of new ones and the establishment of Prison’s Directorate to monitor prison conditions, the Committee remains concerned (see CCPR/C/79/Add.78, para. 17) about persistent severe overcrowding and inadequate living conditions in police detention centres and in prisons. It is also concerned: (a) about the 81 deaths in prisons between 2012 and 2016, and regrets the lack of information on investigations into these deaths that are attributable to natural causes according to the State party; (b) that solitary confinement may be imposed as a disciplinary measure for up to 30 consecutive days under article 104 of Decree No. 14310 of 1949; the Committee notes in this regard the proposal to reduce the maximum length of solitary confinement to 15 days (arts. 6, 7 and 10).

The State party should take effective measures to eliminate overcrowding in places of detention, including by increasing the resort to non-custodial alternative measures to detention, and ensure that persons deprived of liberty are treated with humanity and respect for the inherent dignity of the human person and, to this end, redouble efforts to improve conditions of detention in accordance with the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). It should review the regulations governing solitary confinement with a view to ensuring that it is applied in the most exceptional circumstances and for strictly limited periods. .

Refugees and asylum seekers

The Committee acknowledges the significant contribution of the State party to hosting a large number of asylum-seekers and refugees and its continuing engagement in providing assistance and protection to them and the burden associated therewith. It also commends the State party’s affirmed commitment to the principle of non-refoulement and for not enforcing deportation of Syrian nationals with expired legal status or without legal papers. However, the Committee is concerned about:

(a)  The strict border admission regulations in place since January 2015 that have resulted in restricted access to asylum and push-backs at the border with Syria, which could amount to refoulement, and reports that asylum-seekers and refugees originating from countries other than Syria are at risk of deportation or refoulement, in particular when there are no resettlement prospects;

(b)  Reports of prolonged administrative detention of asylum seekers and refugees other than Syrian nationals, including of children, without due process, and their expulsion;

(c)  The broad discretionary powers granted to the General Security Office pursuant to articles 17 and 18 of the 1962 Law on Entry and Exit regarding decisions to detain without judicial warrant and deport individuals from Lebanon, and the lack of appeal procedures relating to such decisions;

(d)  Reportsofevictions,curfewsandraidstargetinginparticularSyrianrefugees;

(e)  The limited coverage of the residency fee waiver policy (arts. 2, 7, 9, 13 and 24).

The State party should:

(a)  Ensure that the non-refoulement principle is strictly adhered to in practice, and that all asylum seekers are protected against push-backs at the border and have access to refugee status determination procedures;

(b)  Bring its legislation and practices relating to the detention of asylum seekers and refugees into compliance with article 9 of the Covenant, taking into account the Committee’s general comment No. 35 (2014) on liberty and security of person (particularly para. 18);

(c)  Provide for appeal procedures against decisions regarding detention and deportation;

(d)  Ensuretheeffectiveprotectionofrefugeesagainstforcedevictions;

(e)  Ensure that any curfews, if applied, are imposed only as a short-term and area-specific exceptional measure, and are lawful and strictly justified under the Covenant, including under articles 9, 12 and 17;

(f) Expand the residency fee waiver to include refugees not currently covered. Migrant domestic workers

The Committee is concerned that migrant domestic workers are excluded from protection under domestic labour law and are subjected to abuse and exploitation under the sponsorship (kafala) system, including by the withholding of their identity documents, forced confinement, refusal to provide time off and excessive work hours, delayed or even non-payment, verbal, physical and sexual abuse, and bonded labour-type situations due to exploitation by Shawishes. It is further concerned about the lack of effective remedies against such abuses and the risk of imprisonment or deportation faced by domestic migrant workers that sue their employers due to the restrictive visa system. The Committee is also concerned about reports of suicides and attempted suicides of domestic migrant workers in 2016, arbitrary arrests without access to counsel, and deportation, including of workers not residing with their employer and in retaliation for union activism. The Committee notes that a draft labour law would provide inter alia protection to domestic migrant workers against exploitation and abuse (arts. 2, 7, 8, 9, 12, 22 and 26).

The State party should expand labour law protection to domestic workers; provide access to effective legal remedies for protection of domestic migrant workers’ rights without fear of reprisal or deportation; abolish the sponsorship (kafala) system and reform recruitment practices with a view to ensuring respect for the rights of domestic workers and protection against exploitation and abuse; and step up measures aimed at raising awareness about domestic migrant workers’ rights and existing avenues for their protection.

Independence of judiciary and fair trial

The Committee is concerned about the reported political pressure exercised on the judiciary, particularly in the appointment of key prosecutors and investigating magistrates, and about allegations of politicians using their influence to protect supporters from prosecution. It regrets the lack of comprehensive information on the procedures and criteria for the selection, appointment, promotion, suspension, disciplining and removal of judges, and notes that bills aimed at ensuring the independence of the judiciary are being discussed (art. 2 and 14).

The State party should take all measures necessary to safeguard, in law and in practice, the full independence and impartiality of the judiciary, including by ensuring that the procedures for selection, appointment, promotion, suspension, disciplining and removal of judges are in compliance with the principles of independence and impartiality, as set out in the Covenant. The State party should strengthen its efforts to guarantee that the judiciary can carry out its functions without any form of political interference.

Military courts

The Committee remains concerned (see CCPR/C/79/Add.78, para. 14) about the broad jurisdiction of military courts that extends to civilians, including children. It is also concerned about: (a) the reported lack of independence and impartiality of military court judges; (b) allegations of violations of fair trial guarantees and fundamental legal safeguards, including interrogations in the absence of a lawyer, torture and forced confessions, including of children, arbitrary sentences, and a limited right of appeal against military court decisions. The Committee notes that three bills on the abolition of military courts are currently under discussion (arts. 2, 7, 9, 14 and 24).

The State party should remove, without further delay, the jurisdiction of military courts over civilians. It should also: (a) ensure that pending trials of civilians before military courts take place under conditions that afford the full guarantees stipulated in article 14 of the Covenant and Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial; (b) investigate all reported violations perpetrated by military officials and provide effective remedies to victims.

Freedom of expression

The Committee is concerned about: (a) criminalization of defamation, insult, criticism of public officials and blasphemy that can be punished with imprisonment; (b) allegations of extensive interpretation of the concept of cybercrimes by the Cybercrime Centre of the Internal Security Forces with a view to restricting freedom of expression; (c) reports of arrest and prosecution of individuals allegedly criticizing State authorities or political figures, including through social media; (d) the broad and discretionary powers of censorship vested in the Directorate General of Public Security and the banning of several artistic products, including movies. The Committee is also concerned that the State party failed to implement its previous recommendation (see CCPR/C/79/Add.78, para. 25) regarding the review of the Radio and Television Broadcasting Act No. 382/94 and Decree No. 7997/96 and the establishment of an independent broadcasting licensing authority (arts. 9 and 19).

The State party should: (a) decriminalize blasphemy, insult and criticism of public officials; (b) consider the complete decriminalization of defamation and, in any case, countenance the application of criminal law only in the most serious of cases, bearing in mind, as provided in general comment No. 34 (2011) on freedoms of opinion and expression, that imprisonment is never an appropriate penalty for defamation; (c) ensure that the concept of cybercrime is interpreted consistent with the freedom of expression; (d) refrain from suppressing the expression of dissenting opinions or censor artistic expression beyond the narrow restrictions permitted under article 19 of the Covenant; and (e) review and amend the provisions of the Radio and Television Broadcasting Act No. 382/94 and Decree No. 7997/96 and establish an independent broadcasting licensing authority with the power to examine broadcasting applications and to grant licences in accordance with reasonable and objective criteria.

Birth registration

The Committee is concerned about the complex procedure for birth registrations, with onerous requirements for documentation and high costs, particularly in case of late birth registration beyond one year of age that requires accessing both the religious and civil courts (article 12 of the 1951 Law on the Registration of Personal Status). While welcoming the waiver in September 2017 of the requirement to have legal residence to register the birth of Syrian children born in Lebanon and the exceptional authority granted to the Minister of Interior in February 2018 to take all necessary measures to facilitate late birth registration of Syrian nationals born in Lebanon after 2011, the Committee regrets that the legal and administrative framework remains unchanged for asylum seekers and refugees of other nationalities, foreigners, stateless persons and Lebanese nationals (arts. 2, 13, 16 and 24).

The State party should reform the legal and administrative framework on civil registration to ensure the right of every child born in the territory of the State party, irrespective of the legal status of parents, to birth registration without discrimination and facilitate enjoyment of children’s right to acquire a nationality. It should ensure that birth registration, particularly regular birth registration, is free of charge and make the procedure for late birth registration accessible and affordable by anyone.

Dissemination and follow-up

The State party should widely disseminate the Covenant, its third periodic report, the written replies to the Committee’s list of issues and the present concluding observations with a view to raising awareness of the rights enshrined in the Covenant among the judicial, legislative and administrative authorities, civil society and non-governmental organizations operating in the country, and the general public.

In accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the State party is requested to provide, by 6 April 2020, information on the implementation of the recommendations made by the Committee in paragraphs 20 (violence against women, including domestic and sexual violence), 38 (refugees and asylum seekers) and 40 (migrant domestic workers) above.

The Committee requests the State party to submit its next periodic report by 6 April 2023 and to include in that report specific up-to-date information on the implementation of the recommendations made in the present concluding observations and of the Covenant as a whole. The Committee also requests the State party, in preparing the report, to broadly consult civil society and non-governmental organizations operating in the country. In accordance with General Assembly resolution 68/268, the word limit for the report is 21,200 words. Alternatively, the Committee invites the State party to agree, by 6 April 2019, to use its simplified reporting procedure, whereby the Committee transmits a list of issues to the State party prior to the submission of its report. The State party’s response to the list of issues will constitute the next periodic report to be submitted under article 40 of the Covenant.