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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Lebanon - 9th Session - 2010
10th November, 9am to 12pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
33. It should be noted that the death penalty and life imprisonment are not imposed upon juveniles, pursuant to article 15 (2) of Act No. 422 of 2002, which provides that ―where the crime is punishable by death or life imprisonment with hard labour, the sentence shall be reduced to 5 to 15 years’ imprisonment .
68. With regard to the conformity of domestic legislation with the international labour conventions that Lebanon has ratified (C182 in 2001 and C138 in 2002), the Government has amended some labour laws with a view to ensuring optimum safety conditions for children. It has specified the minimum working age according to occupational hazard and categorized the most hazardous industrial jobs for children. It has also prohibited discrimination based on gender and created an option whereby children can benefit from payments due to one of their parents from the National Social Security Fund and the State Employees’ Cooperative.
69. A national strategy against child labour was announced, based on the national study prepared by the Ministry of Labour in cooperation with ILO and the Research and Advisory Foundation. A national committee to combat child labour was formed on 19 February 2005; its mandate was to prepare and implement programmes, plans and projects to combat child labour in coordination with ILO and the International Programme on the Elimination of Child Labour (IPEC).
70. A special unit was created in the Ministry of Labour to tackle child labour, to issue booklets explaining the reasons for the unit’s creation and areas of work, to establish a database on child labour and to create a website on the issue. It has produced a guide specifically for labour inspectors, ―Combating child labour‖, to prepare and equip labour inspectors to identify and tackle conditions that are not consistent with international labour standards or domestic legislation on child labour.
75. Under Act No. 686 of 1998, elementary education up to the age of 12 is free and compulsory. However, the implementing legislation has not yet been promulgated. A bill to raise the age at which compulsory schooling ends to 15 years is before the general body of the National Assembly.
76. The Ministry of National Education and Higher Education, in collaboration with the United Nations Educational, Scientific and Cultural Organization (UNESCO), started preparing the national education plan, Education for All, which covers a 13-year period from 2003–2015. The plan includes expanding and improving early childhood care, ensuring that good, free compulsory schooling is available to all children at the primary school level, and providing literacy programmes and functional literacy programmes for school dropouts. Moreover, the plan includes developing structures and approaches appropriate to teaching children with disabilities. The provisions of the Convention on the Rights of the Child have been incorporated into the educational materials for the third year of each stage or cycle of basic education; they have yet to be incorporated in the first and second years of each cycle.
96. Lebanon ratified the Convention on the Rights of the Child on 30 October 1990. Since then it has worked to implement the principles and provisions of the Convention through the programmes and projects undertaken by government departments and non-governmental organizations. It has introduced numerous legislative changes to make domestic legislation more consistent with the principles of the Convention. It has undertaken to submit all of its periodic reports to the Committee on the Rights of the Child.
97. The Higher Council for Childhood, established in 1994, is the national framework for monitoring implementation of the Convention on the Rights of the Child in coordination with the public and private sectors and international organizations. The Council is presided over by the Minister of Social Affairs; its members include representatives of the public children’s agencies and of non-governmental organizations.
98. Some government departments have specialized units for children, including the Department for Minors in the Ministry of Justice, the Child Labour Unit in the Ministry of Labour, the Social Care Department in the Ministry of Social Affairs. These in turn contain the Department of Juvenile Protection, the Parliamentary Commission on Women’s and Children’s Rights and the National Committee for the Elimination of Child Labour.
99. In the absence of a comprehensive social development plan, no national strategy for children has been formulated to date. However, sectoral plans have been drafted and will form an essential component of a strategy for protection from and prevention of all kinds of abuse and neglect, early childhood, children’s participation and the protection, rehabilitation and reintegration of street children. Civil society is the main active partner in the Higher Council for Childhood, which responds to the needs of marginalized groups, in particular children.
100. The Lebanese authorities, in particular the Ministry of Justice and the Ministry of the Interior, have sought to rise to the challenge and address children’s basic needs, especially with regard to juvenile justice.
101. The Protection of Juvenile Offenders at Risk Act was promulgated on 6 June 2002. The Act represents a milestone in that it ensures that children have legal protection and highlights the need for help in the rehabilitation of juveniles. Moreover, it emphasizes the need to protect juveniles from deviance, the need for fair and humane treatment and the need to distance them from judicial proceedings to the extent possible through the adoption of non-custodial educational measures. In addition, it underscores the need to find amicable solutions and to adopt the best interests of the child as the standard. Moreover, it calls attention to the need to expand the powers of judges in a manner that will serve to reform juveniles and protect them from risk, and to require the presence of legal counsel at all stages of a juvenile trial conducted by an independent tribunal. Furthermore, the Act gives children the right to lodge a complaint.
102. Practical steps have been taken to keep pace with legislation. The Department for Minors in the Ministry of Justice has been strengthened and had a web page designed for it. Professional capacities have been developed in the field of juvenile justice through periodic meetings of juvenile judges, public prosecutors and investigating magistrates. The topic of juvenile law has been expanded in the Institute of Judicial Studies curriculum and juvenile justice has been incorporated into Internal Security Forces Institute curricula. Information and awareness campaigns involving the issuance of publications aimed at juvenile offenders and child victims of crime have been directed at others concerned with juveniles. Standards in detention centres have been upgraded and a reform institute for female juveniles has been introduced. In addition, through partnership and coordination with non-governmental organizations it has been possible to keep pace with developments in juvenile justice and tackle the situation.
104. With regard to the protection of children from all forms of violence, abuse and neglect, Act No. 422 of 2002 defines children at risk as those at risk of sexual assault or of physical violence beyond the limits accepted by custom as non-injurious. The Lebanese Criminal Code provides for the protection of children from all forms of sexual abuse and imposes penalties on the perpetrators of sex crimes, particularly in cases involving the abuse of a minor.
105. The Higher Council for Childhood established a coordinating committee for this purpose, with members from all relevant government departments and non-governmental organizations. The committee has drafted a national prevention and protection strategy for children and a bill to create national child protection mechanisms. The greatest challenge in enacting laws to eliminate crimes committed in the name of honour is that the victims are frequently children.
106. At the procedural level, a special room has been established at the Palais de Justice for questioning child victims of sexual exploitation. The Ministry of Justice has contracted an association specializing in psychological treatment to help child victims recover psychologically and reintegrate them into society. A hotline to receive children’s complaints is in the process of being established.
107. In 2002, Lebanon ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
108. The Higher Council for Children recently conducted a comparative study of Lebanese legislation and the relevant international children’s rights instruments. The study will form the basis for draft legislation or amendments to existing legislation building on and improving current measures and procedures pertaining to childhood, and reviewing the minimum working age for children.
128. The children of refugees have the right to attend Lebanese schools. The UNHCR Regional Office in Beirut covers the costs of their education and is responsible for providing food and health assistance to refugees and their families.
UN Compilation
14. While welcoming the National Plan on School for All (2005-2015), CRC noted with concern that no central authority was in charge of pre-school education.
15. UNCT noted the formalisation of the National Tripartite Steering Committee (NSC) on Child Labour.
20. In 2004, CERD noted that, since Lebanese citizenship is derived exclusively from the father, this could result in a situation of statelessness for children born of a Lebanese mother and non-citizen father. In 2006, CRC urged Lebanon to review its legislation with a view to ensuring that Lebanese mothers have the right to confer Lebanese citizenship to their children. In 2010, UNCT made similar recommendations to Lebanon to amend its nationality law to enable Lebanese women to confer their nationality to their children.
21. In 2006, CRC noted with concern that the Constitution and domestic laws did not ensure to foreign children, including refugee and asylum-seeking children, the same protection as to Lebanese children. It was also concerned at the persistent of de facto discrimination faced by children with disabilities.
32. In 2006, CRC noted with concern the very low minimum age of criminal responsibility, which is currently set at 7 years, the lack of juvenile penal procedures and a juvenile probation service necessary for the development and implementation of alternative measures, as well as inadequate prison facilities and detention conditions.
35. In 2006, CRC noted with concern that the minimum age for marriage still depends on a person’s religious beliefs and belonging to one of the 18 officially recognized religious or confessional groups. UNCT similarly noted that there was no standardized minimum age for marriage, and that in some sects, marriage was allowed from the age of 9 years. It reiterated its recommendation that urgent measures be taken to engage different groups and prohibit the practice of early and/or forced marriage.
39. UNCT noted that the number of working children in Lebanon was estimated at about 100,000, equal to 10 per cent of the national child population. In 2010, the ILO Committee of Experts recommended that amendments to the Labour Code regarding the sale and trafficking of children be adopted as a matter of urgency.
40. The ILO Committee of Experts noted in 2010 that the phenomenon of child labour existed on a wide scale in Palestinian refugee camps and surrounding areas. The Committee also noted that non-Lebanese children, such as Syrian and Palestinian boys living in refugee camps, constituted over 80 per cent of children working on the street. CRC recommended that Lebanon continue to address the issue of street children by adopting a comprehensive national strategy to provide these children with official documents and adequate assistance, including recovery and social reintegration services.
47. UNCT noted that, although educational attainment had improved, education quality and standards had not. A 2007 study found that education status strongly correlated to poverty levels and that children were more affected by deprivation in Lebanon. Persons living in poorer areas thus tended to rely more on public schools of sub-standard quality.
48. In 2006, CRC expressed concern at the low level of enrolment in secondary education of Palestinian refugee children, particularly girls.
49. CRC took note of Lebanon’s intention to make education compulsory up to the age of 15 years from the current age of 12 years. UNCT encouraged Lebanon to amend existing legislation with a view to setting the age of compulsory education at 15 and also to include children of non-citizens in compulsory education.
54. CRC recommended that Lebanon ensure that all children within its territory, including children of Palestinian refugees without identity documents, be registered immediately after birth.
63. CRC recommended that Lebanon seek technical assistance in the field of disability issues from UNICEF and WHO,on abuse, neglect and maltreatment of children from UNICEF and the World Health Organization (WHO), and on the issue of street children from relevant United Nations and other international organizations. CRC further recommended that Lebanon continue to seek necessary technical and financial support on demining activities within a framework of international cooperation, including from United Nations agencies.
10. Human Rights Watch (HRW) reported that in spite of women’s active participation in all aspects of Lebanese society, discriminatory provisions continued to exist in personal status laws, nationality laws, and penal laws relating to violence in the family. In particular, current Lebanese law did not allow Lebanese women to confer nationality on either their spouses or children. As a result, thousands of children born to Lebanese mothers and foreign fathers were denied full access to education, healthcare and residency. In August 2009, following a prolonged campaign by local civil society groups, the Minister of Interior had submitted to the Cabinet a draft law that would allow Lebanese women to pass their nationality to their children. This draft law had yet to be approved by the Cabinet. Certain officials and politicians had suggested that any amendment to the citizenship law should exclude Lebanese women married to Palestinian men, pursuant to the constitutional prohibition on the “nationalization” of Palestinians, ostensibly to avoid undermining their right of return. HRW urged the government to amend the law on citizenship in a way that would ensure that all Lebanese women, regardless of the nationality of their husband, could pass on their citizenship to their children and husbands.
22. JS2 stated that there was no evidence that Lebanese children had taken part in combat as soldiers. However, it was widely believed that children had assumed different roles in combat operations, ranging from logistical support to effective participation. Most armed factions attached to political parties had practiced political indoctrination and provided training on arms to a number of persons under the age of eighteen.
24. The Lebanese Women Democratic Gathering and the National Committee for the Follow-Up also recommended that Lebanon enact a law to criminalize domestic violence against women and girls.
32. JS2 reported that child labor in Lebanon was on the rise due to severe economic conditions, poverty and illiteracy. There were over 100,000 victims of child labor and trafficking, vulnerable to exploitation and working in hazardous conditions.
35. AI noted that, according to Law No. 686 of 1998: “Public education is free and compulsory in the primary phase, and is a right of every Lebanese in the primary education age.” By specifying that only Lebanese children had a right to free primary education, children born to Lebanese mothers and foreign national fathers and non-Lebanese long-term residents, including Palestinian refugee children, were denied free access to education.
36. In light of the violations of the right to education in Lebanon and the presence of various forms of discrimination in schools, the Istituto Internazionale Maria Ausiliatrice recommends that the Government pay particular attention, within the framework of the universal periodic review, to discrimination in the exercise of the right to education, as well as to absenteeism and dropout, child labour and street children. According to the International Volunteer Organization for Women, Education, Development (VIDES), it is always the children from the most vulnerable groups — usually those from a difficult family background, or those whose family is not around — who end up on the street. These children generally have no documents and so cannot benefit from any State-run services. Moreover, many of the street children in Lebanon (about 18 per cent) are Palestinians. Street children are often exploited, working as beggars or recruited by organized gangs and introduced to a world of crime. These children are also jailed by the police.
37. The Global Initiative to end all corporal of children (GI) noted that corporal punishment was lawful in Lebanon under article 186 of the Penal Code in schools, alternative care settings and at home. In this regard it referred to recommendations for law reform made by the Committee on the Rights of the Child (CRC) in 1996, 2002 and 2006.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 80.20. Adopt amendments to the Labour Code regarding the sale and trafficking of children (Poland); Implement amendments to the Labour Code to strengthen legal measures to combat the sale and trafficking of children (Australia);
A - 80.21. Consider the creation of additional national mechanisms to promote and protect human rights of vulnerable groups especially women, children, and people with disabilities (Iran);
A - 80.27. Finalize the national action plan on education for all and improve the quality of education (Qatar);
A - 80.39. Ensure that education covers all areas of the country, including the living areas of refugees, bearing in mind that the mandate of the UNRWA covers the educational needs of Palestinian refugees (Yemen);
A - 81.13. Further strengthen the protection of rights of vulnerable groups, like children, women, migrant workers and persons with disabilities (Bangladesh);
A - 81.18. Accelerate plans for the adoption and implementation of a national strategy for children (Egypt);
A - 81.19. Improve the quality of public education in order to preserve the excellent standards which have prevailed in Lebanon for decades at the different levels of education (Yemen);
A - 81.21. Continue efforts in connection with the integration of disabled children in formal education as far as possible, in accordance with an inclusive educational approach (Qatar);
A - 81.22. Intensify efforts to spread a culture of human rights through educational curricula and awareness-raising campaigns (Saudi Arabia);
A - 81.23. Continue applying the programs and measures aimed at guaranteeing health and education of quality for its citizens (Cuba);
A - 81.25. Strengthen measures to fight child labour within the framework of the national strategy to combat child labour (Algeria); Further pursue its efforts to combat child labour (Jordan); Intensify efforts to combat child labour (United Arab Emirates);
A - 81.27. Continue seeking technical and financial assistance for demining activities, given that children continue to be among the most vulnerable sections of Lebanese society particularly in terms of their exposure to explosive remnants of war (Malaysia);
A - 84.9. Bring domestic law into full compliance with the Convention on the Rights of the Child (Poland);
The following recommendations were rejected:
R - 82.1. Ratify the optional protocols to ICESCR and ICCPR and the optional protocols to CEDAW and the one concerning children in armed conflict, signed in 2007 (Spain);
R - 82.15. Raise the minimum age of criminal responsibility to comply with international standards (Slovakia);
R - 82.16. Continue to address the issue of street children by adopting a comprehensive national strategy to provide these children with official documents and adequate assistance, including recovery and social reintegration services (Poland);
R - 82.17. Amend the law on citizenship in such a way that ensures that all Lebanese women, regardless of the nationality of their husband, can pass on their citizenship to their children and husbands (Netherlands);
R - 82.18. That the proposed draft law which would allow Lebanese women to pass on their nationality to their children and foreign spouses be adopted as soon as possible (Norway); Enact legislation to grant Lebanese nationality to the spouses and children of Lebanese women (United Kingdom); Amend its law on nationality to enable Lebanese women to confer their nationality to their children (Canada);
R - 82.28. Lift the obstacles to employ Palestinian refugees, give access to employment to the Palestinian refugees, give access to free education to all children of refugees and enable universal health care (France);
No recommendations were left pending.