Country Analysis: Lebanon

Constitution
On May 23rd, 1926, The Lebanese Constitution consecrates the principle of equity among nationals.

Clause ‘B’ of the Major Principles of the Lebanese Constitution includes:
"Lebanon is Arab in its identity and in its association. It is a founding and active member of the League of Arab States and abides by its pacts and covenants.
Lebanon is also a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights. The Government shall embody these principles in all fields and areas without exception."

Clause ‘C’ asserts:
"Lebanon is a parliamentary democratic republic based on respect for public liberties, especially the freedom of opinion and belief, and respect for social justice and equality of rights and duties among all citizens without discrimination."

Article 7 further adds:
"All Lebanese are equal before the law. They equally enjoy civil and political rights and are equally bound by public obligations and duties without any distinction."

Nationality Law
Law No. 572, dated 01/08/1996 expresses Lebanon’s reservations as to Article 9-2 of the Convention, which grants women equal rights with men with respect to the nationality of their children.

Domestic Laws (Legislative decision No.15, dated Jan 19, 1925):
 
Article 1: “Is deemed Lebanese:
The child born of a Lebanese father”

Article 2:
“The natural son, whose filiation is proven while still a minor, acquires the Lebanese nationality if the parent towards whom filiation is first proven is Lebanese. In the event the proof of the paternal and maternal filiation results from a single deed, the son acquires the father’s nationality if the latter is Lebanese.”

Article 4:
“Women married to foreigners who acquired the Lebanese nationality or adult children born of a foreigner who acquired the Lebanese nationality may obtain said nationality without having fulfilled the residence condition. Minors born of a father who acquired the Lebanese nationality or of a mother who acquired said nationality and outlived her husband are deemed Lebanese, unless they reject said nationality in the year prior to reaching their majority,”
Foreign women married to Lebanese nationals may acquire the Lebanese nationality by completing some administrative formalities (personal status department) a year after the official registration of the marriage with the competent departments.
Commitment and reservation to the Treaties

In 1996, Lebanon signed the CEDAW treaty with reservations in accordance with law 572. Reservations were published in the Official Gazette in August 8, 1996

Similarly to most of the countries in this study, Lebanon had reservations to the Clause 2 of the Article 9 of the treaty for the Elimination of All Forms of Discrimination Against Women. The main argument backing those reservations was that the country’s policies, its ratified treaties, and its Constitution, were all against any form of encouragement of a permanent settlement of the Palestinian refugees.

Personal Story
X is a Lebanese woman married to a Canadian citizen of Egyptian origins.

I’m a Lebanese citizen lived my whole lifetime in Kuwait. I moved to the USA to continue my studies, where I found a job and settled there. I married a Canadian citizen of Egyptian origins and moved to live in Canada with him, where I give birth to my only daughter.
We decided to return back to Lebanon, to stay here. And since that, the complications start to issue out.
We have to make and renew my husband’s and daughter’s permanent residence every year (and then every three years). Feelings of unsettlement and discomfort regarding my family’s situation in my country start annoying me. Due to this, we start reconsidering our decision to stay in Lebanon, and start thinking to go back to Canada.

Recent developments in the Nationality and Law – efforts of the campaigners
The legal framework remained the same. There has been no change to the Lebanese nationality code. Neither has there been any initiative to modify this code. There are no proposals to that effect neither from the government nor from Parliament.

Although the legal framework remained unchanged, it is important to note that an administrative measure has been taken by the General Security to make life a little easier for children of Lebanese mothers. The main improvement brought by this measure is to allow children with a Lebanese mother to obtain “permanent residence permits (three years), free of charge and renewable”. It is to be noted however that the General Security mixes up the terms “permanent” and “long-term” since these permits are really issued only for three years… In addition, it must be observed that this facility is also open to women married to Lebanese men but not to men married to Lebanese women. (Annex: « Sûreté Générale – Nouveaux permis de séjour permanents », L’Orient-Le Jour, 26/06/2003).