d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights for citizens but placed extensive limitations on the rights of Palestinian refugees and Syrian, Iraqi, and other refugee populations. Within families, men sometimes exercised considerable control over female relatives, restricting their activities outside the home or their contact with friends and relatives.
As of October the Office of the UN High Commissioner for Refugees (UNHCR) registered more than 976,000 Syrian refugees, almost 16,400 Iraqis, more than 1,700 Sudanese refugees, and refugees of other nationalities in the country. UNHCR estimated that another 300,000 Syrians were unregistered, a result of government policy banning new registrations. While the government has allowed no new UNHCR registrations of refugees, UN agencies reported that working relationships with government ministries were generally productive. Some elements of the government, most notably the Ministry of Foreign Affairs, have attacked UNHCR, other UN agencies, and some donor governments for purportedly discouraging refugee returns to Syria, including threatening to eject some of those countries’ officials from Lebanon. The foreign minister for several months blocked renewal of legal residency for UNHCR staff, affecting the organization’s ability to deliver humanitarian assistance.
The UN Relief and Works Agency (UNRWA) assisted Palestinian refugees registered in the country. Approximately 470,000 Palestinians were registered as refugees with UNRWA in Lebanon as of December 2017. As of October, UNRWA estimated the number of Palestinians residing in the country was between 260,000 and 280,000. UNRWA also provided services to Palestinian refugees from Syria (PRS). As of October, UNRWA reconfirmed more than 29,000 PRS individuals residing in the country.
Abuse of Migrants, Refugees, and Stateless Persons: The government lacked the capacity to provide adequate protection for refugees. Multiple NGOs and UN agencies shared reports of sexual harassment and exploitation of refugees by employers and landlords, including paying workers below the minimum wage, working excessive hours, debt bondage, and pressuring families into early marriage for their daughters. There were multiple reports of foreign migrant domestic workers (mainly from East Africa and Southeast Asia), tied to their employers through legal sponsorship, who faced physical and mental abuse, unsafe working conditions, and nonpayment of wages. According to NGOs who assisted migrant workers in reporting these abuses to authorities, security forces and judges did not always adequately investigate these crimes, particularly as many victims later refused to file complaints or retracted testimony due to fear of reprisals or deportation.
In one highly publicized example, a domestic worker advocacy group reported that an Ethiopian domestic worker badly injured herself after leaping from a balcony to escape a physically abusive sponsoring family. The worker alleged the family abused and beat her, but later retracted her statements in televised interviews with the family. Advocacy groups suspected the well connected family coerced her to recant. The family reportedly sought to suppress media reporting on the incident through Lebanon’s libel and defamation laws.
In-country Movement: The government maintained security checkpoints, primarily in military and other restricted areas. Hizballah also maintained checkpoints in certain Shia-majority areas. Government forces were usually unable to enforce the law in the predominantly Hizballah-controlled southern suburbs of Beirut and did not typically enter Palestinian refugee camps. According to UNRWA Palestinian refugees registered with the Interior Ministry’s Directorate of Political and Refugee Affairs could travel from one area of the country to another. The DGS, however, had to approve the transfer of registration of residence for refugees who resided in camps. UNRWA stated the DGS generally approved such transfers.
In an effort to address the low number of refugees obtaining and renewing legal residency, the government waived renewal fees for refugees registered with UNHCR, a change to be implemented by the DGS. While the government intended these policies to improve the ability of Syrian refugees to obtain and maintain legal residency, there has been little improvement in the percentage of refugees with legal status. According to the United Nations, only 27 percent of the refugee population held legal residency as of October.
Due to the slow implementation of a February 2017 residency fee waiver by the DGS and, in many cases, failure to obtain or keep a Lebanese sponsor, the majority of Syrian refugees were unable to renew their legal documents, which significantly affected their freedom of movement owing to the possibility of regular arrests at checkpoints, particularly for adult men. While authorities released most detainees within a few days, some of the refugees met by foreign diplomats said authorities required them to pay fines before releasing them. Obtaining and maintaining legal residency was also a challenge for Iraqi refugees and refugees of other nationalities. UNHCR reports that only 20 percent of Syrian refugees were legal residents. There is no official limitation of movement for PRS in the country; however, PRS without valid legal status faced limitations to their freedom of movement, mainly due to the fear and risk of arrest at checkpoints. UNRWA reported anecdotal accounts of authorities detaining PRS without legal residency documents as well as issuing “departure orders” for those with expired visas.
Since 2014 authorities granted entry visas at the border for PRS only to persons with either a verified embassy appointment in the country or a flight ticket and visa to a third country. Authorities issue most of these individuals a 24-hour transit visa. Additionally, limited numbers of PRS secured a visa for Lebanon by obtaining prior approval from the DGS, which required a sponsor in the country and could not be processed at border posts. UNRWA estimated that only 12 percent of the PRS in the country arrived after 2016.
Compared to the policy applied to Syrian nationals, authorities applied tighter conditions to PRS (notwithstanding restrictions on Syrians announced in January 2015). For example, Syrian nationals, in principle, could enter with humanitarian visas, while this opportunity was not available to PRS. Consequently, some PRS sought to enter the country through irregular border crossings, placing them at additional risk of exploitation and abuse and creating an obstacle to later regularizing their legal status.
In July 2017 DGS issued a circular allowing the free, unlimited renewal of PRS residency for six months, with no fees for delays. It applied to PRS who entered the country legally or who regularized their status before September 2016, and granted temporary residency documents to PRS who turned 15 years old in the country, allowing them to use available documents more easily, for cases of children without passports or national identity cards. The circular, issued for residency renewal and not regularization, did not apply to PRS who entered the country through unofficial border crossings; authorities issued a departure order to PRS who entered the country through official border crossings, but who overstayed their temporary transit visa or failed to renew their visa.
In October 2017 the government waived the condition of valid residency for birth and marriage registration for PRS, expanding the application of a previous circular issued in September 2017 applicable to Syrians.
In principle, asylum seekers and refugees of nationalities other than Syrian, if arrested because of irregular entry or stay, were sentenced to one to three month’s imprisonment and ordered to pay a fine. Some also received a deportation order, due to illegal entry.
According to UNHCR most non-Syrian asylum seekers arrested due to irregular entry or residency faced administrative detention without being sentenced by a court. The DGS held these individuals in a migrant retention facility where officials processed their immigration files before making administrative deportation decisions. Most cases resulted in deportation of the detainee, except for some instances where UNHCR secured their resettlement to a third country.
INTERNALLY DISPLACED PERSONS (IDPS)
Fighting in 2007 destroyed the Nahr el-Bared Palestinian refugee camp, displacing approximately 30,000 residents, of whom approximately 27,000 were registered Palestine refugees. Many of the displaced resided in areas adjacent to the camp or in other areas of the country where UNRWA services were available. As of July approximately 55 percent of displaced families returned to newly reconstructed apartments in Nahr el-Bared camp.
PROTECTION OF REFUGEES
Refoulement: The government consistently reaffirmed its commitment to the principle of nonrefoulement with respect to Syrians. The DGS coordinated with Syrian regime officials to facilitate the voluntary return of 4,800 refugees, as of October 1. UNHCR did not organize these returns but was present at departure points and, in interviews with refugees, found no evidence that returns were involuntary or coerced. Between July 2017 and June, DGS deported seven Iraqi refugees.
Access to Asylum: The law does not provide for the granting of asylum or refugee status. Nonetheless, the country hosted an estimated 1.5 million refugees.
Palestinian refugees were prohibited from accessing public health and education services or owning land; they were barred from employment in many fields, making refugees dependent upon UNRWA as the sole provider of education, health care, and social services. A 2010 law expanding employment rights and removing some restrictions on Palestinian refugees was not fully implemented, and Palestinians remained barred from working in most skilled professions, including almost all those that require membership in a professional association.
In 2017 the Ministry of Labor issued an administrative decree that allowed Syrian refugees with valid legal residency to work in construction, agriculture, and cleaning. The decree does not apply to PRS, and many, therefore, worked unofficially, exposing them to discrimination and increased risk of abuse and exploitation. Large number of PRS families in the country relied heavily on UNRWA financial assistance.
As of June 30, there were more than 975,000 Syrian refugees registered with UNHCR. Since the government instructed UNHCR to stop registering Syrian refugees in early 2015, this total did not include Syrian refugees who arrived in the country after early 2015. There were no formal refugee camps in the country for Syrians. Most Syrian refugees resided in urban areas, many in unfinished, substandard, or nonresidential buildings. Approximately 19 percent lived in informal tented settlements, often adjacent to agricultural land, according to an October UN assessment. According to a UN study, the refugees borrowed to cover even their most basic needs, including rent, food, and health care, putting nearly 90 percent of them in debt.
In 2015 the government banned the entry of all Syrian refugees unless they qualified for undefined “humanitarian exceptions.” During the year the government accepted Syrians seeking asylum only if they qualified under the “humanitarian exceptions” that the Ministry of Social Affairs reviewed on a case-by-case basis. These exceptions included unaccompanied and separated children, persons with disabilities, medical cases, and resettlement cases under extreme humanitarian criteria.
Legal status in Lebanon was critical for protection, as it allowed refugees to pass through checkpoints, including to and from camps, complete civil registration processes, and access and remain within the educational system.
In addition to more than 16,000 UNHCR-registered Iraqi refugees residing in the country, a limited number of additional Iraqis entered during the year to escape violence. As of June 30, UNHCR also registered more than 3,500 refugees or asylum seekers from Sudan and other countries.
Freedom of Movement: Authorities imposed curfews in a number of municipalities across the country, allegedly to improve security of all communities. Some international observers raised concerns that these measures may be discriminatory and excessive, since authorities usually enforced them only on Syrian refugees.
Municipalities and neighborhoods hosting Syrian refugee populations continued to impose movement restrictions through curfews, evictions, and threats of evictions. As of July UNHCR confirmed the evictions of 336 households, comprising more than 1,500 refugees across the country. UNHCR only tracks “mass evictions” of five or more households; the overall number of refugees affected by eviction is higher. Furthermore, UN agencies reported that local municipal officials frequently used the threat of evictions to exert control over refugees or to appease host communities competing with refugees for jobs and other resources.
Police checkpoints and curfews imposed by municipalities restricted refugees’ movement. For example, in Metn refugees were under curfew from 7:00 p.m. until 7:00 a.m. Cases of identity document confiscation and fines for breaking curfews continued, although observers reported no violent incidents. UNHCR staff reported these restrictions on movement increasingly forced families to send children and young women, who authorities are less likely to stop, to perform family errands.
Employment: Authorities continued requiring Syrian refugees who wished to obtain residency permits to pledge to abide by the country’s laws, under which Syrians may work only in agriculture, construction, and cleaning.
The law allows a special account to provide end-of-service indemnities or severance pay to Palestinian refugees who retired or resigned. These benefits were available only to Palestinians working in the legal labor market. Palestinians did not benefit from national sickness and maternity funds or the family allowances fund. UNRWA continued to bear the cost of any medical, maternity, or family health-care expenses (excluding worker’s compensation).
Palestinian refugees received partial access to the benefits of the National Social Security Fund. They may not, however, work in at least 36 professions including medicine, law, and engineering and face informal restrictions on work in other industries. According to UN agencies, government officials, and Palestinian advocacy groups, Palestinian refugees consistently reported discrimination in hiring due to bureaucracy and stigma. Lack of written contracts, lack of employment benefits, and insecure job tenure contributed to unstable working conditions.
Access to Basic Services: The government did not consider local integration of any refugees a viable solution.
The law considers UNRWA-registered Palestinian refugees to be foreigners. UNRWA has the sole mandate to provide health, education, social services, and emergency assistance to registered Palestinian refugees residing in the country. The amount of land allocated to the 12 official Palestinian refugee camps in the country had changed only marginally since 1948, despite a fourfold increase in the population. Consequently, most Palestinian refugees lived in overpopulated camps, some of which past conflicts heavily damaged. In accordance with agreements with the government, Palestine Liberation Organization security committees provided security for refugees in the camps, with the exception of the Nahr el-Bared camp.
A comprehensive, multi-year plan to rebuild the Nahr el-Bared camp in eight stages began in 2008 and was in process at year’s end. In April UNRWA revised the overall estimated cost of the completing Nahr el Bared camp from LL 521 billion ($345 million) to LL 497 billion ($329 million). Remaining reconstruction was not fully funded, and a shortfall of LL 135 billion ($90 million) remained. On April 25, the prime minister appealed to the international community at the Brussels II Syria Conference to fund shortfall for reconstructing the camp, reconfirming this project as a priority for the country. Of the 27,000 Palestinians originally displaced following the camp’s destruction, UNRWA expected that approximately 21,000 would return.
A 2001 amendment to a 1969 decree barring persons explicitly excluded from resettling in the country from owning land and property was designed to exclude Palestinians from purchasing or inheriting property. Palestinians who owned and registered property prior to the 2001 law entering into force could bequeath it to their heirs, but individuals who were in the process of purchasing property in installments were unable to register the property.
Palestinian refugees residing in the country could not obtain citizenship and were not citizens of any other country. Palestinian refugee women married to Lebanese citizens were able to obtain citizenship after one year of marriage. According to the country’s nationality law, the father transmits citizenship to children. Palestinian refugees, including children, had limited social and civil rights and no access to public health, education, or other social services. Children of Palestinian refugees faced discrimination in birth registration, and many had to leave school at an early age to earn an income.
Palestinian refugees who fled Syria to Lebanon since 2011 received limited basic support from UNRWA, including food aid, cash assistance, and winter assistance, such as cash to purchase fuel for heating. Authorities permitted children of PRS to enroll in UNRWA schools and access UNRWA health clinics.
The Ministry of Education and Higher Education facilitated the enrollment of more than 213,000 non-Lebanese students, predominantly Syrian refugees, in public schools (basic education from kindergarten to grade nine) in the 2017-18 academic year. Authorities estimated that there were almost 338,000 registered Syrians of school age (three to 14 years old) in the country. Donor funding to UN agencies covered school-related expenses, such as school fees, books, and uniforms. Syrian refugees had access to many government and private health centers and local clinics for primary care services, and UN agencies and NGOs funded the majority of associated costs with international donor support. Syrian refugees had access to a limited number of UNHCR-contracted hospitals for lifesaving and obstetric care.
Iraqi refugees had access to both the public and private education systems. UNHCR verification exercises confirmed that authorities enrolled more than 600 Iraqi children in formal public schools for the 2017-18 school year. Iraqi refugees also had access to the primary health-care system. UNHCR, through NGOs, provided secondary health care with donor support.
Citizenship is derived exclusively from the father, resulting in statelessness for children of a citizen mother and a noncitizen father when registration under the father’s nationality is not possible. This discrimination in the nationality law particularly affected Palestinians and, increasingly, Syrians from female-headed households. Additionally, some children born to Lebanese fathers did not have their births registered due to administrative obstacles or a lack of understanding of the regulations. The problem was compounded since nonnational status was a hereditary circumstance that stateless persons passed to their children. There were no official statistics on the size of the stateless population.
Approximately 3-5,000 Palestinians were not registered with UNRWA or the government. These persons are Palestinians who began to arrive in the country during the 1960s and do not hold any formal valid identification documentation. The government does not recognize them as they do not hold valid legal status in the country. Without documentation and legal status, nonregistered Palestinians faced restrictions on movement, risked arrest or detention, and encountered obstacles completing civil registration procedures; all of which limited access to public services and formal employment.
Undocumented Palestinians, not registered in other fields, were not necessarily eligible for the full range of services provided by UNRWA. Nonetheless, in most cases, UNRWA provided primary health care, education, and vocational training services to undocumented Palestinians. The majority of undocumented Palestinians were men, many of them married to UNRWA-registered refugees or Lebanese citizen women, who could not transmit refugee status or citizenship to their husbands or children.
The Directorate of Political and Refugee Affairs is responsible for late registration of children of Palestinian refugees. According to the law, birth registration of children older than one year previously required a court procedure, a proof of marriage, an investigation by the DGS, and a DNA test. A March 2 decree issued by the Ministry of Interior facilitated the required documentation for birth registration of PRS and Syrian children more than one year old and born in the country between 2011 and February. In such cases authorities no longer required the court procedure and DNA tests to register these children; however, proof of marriage is still mandatory. This decree does not apply to the registration of Palestinian refugee children more than one year old.
Approximately 1,000 to 1,500 of an estimated 100,000 Kurds living in the country lacked citizenship, despite decades of family presence in the country. Most were descendants of migrants and refugees who left Turkey and Syria during World War I, but authorities denied them citizenship to preserve the country’s sectarian balance. The government issued a naturalization decree in 1994, but high costs and other obstacles prevented many individuals from acquiring official status. Some individuals who received official status had their citizenship revoked in 2011 due to a presidential decree. Others held an “ID under consideration” document without a date or place of birth.
Stateless persons lacked official identity documents that would permit them to travel abroad and could face difficulties traveling internally, including detention for not carrying identity documents. They had limited access to the regular employment market and no access to many professions. Additionally, they could not access public schools or public health-care facilities, register marriages or births, and own or inherit property.