Lebanon - Universal Periodic Review

UPR 37, January 18, 2021
Recommendations by Canada

Overview

Lebanon is a signatory to the nine core international human rights instruments. Progress by the Government of Lebanon (GoL) in a number of areas has been stalled, in part due to economic and political crises, compounded by COVID-19 and the August 2020 Beirut port explosion.

In 2016, the GoL established a National Human Rights Commission, overseeing a Committee for the Prevention of Torture, which still requires dedicated funding from the national budget. The Office of the High Commissioner for Human Rights has reported on allegations of harassment, arbitrary detention, torture, and mistreatment in custody by law enforcement, and a need for an independent mechanism to investigate all reported allegations and complaints. An independent judiciary is also required to ensure that victims of crimes obtain justice.

The GoL adopted a national action plan (NAP, 2019-2022) for UN Security Council Resolution 1325 on Women, Peace, and Security, and has worked towards its implementation. In 2017, the GoL adopted Law 44 to introduce a proportional electoral system, but as UN Women notes, without measures to increase women’s representation. In 2017, the GoL repealed Article 522 that allowed rapists to escape justice by marrying their victims. However, the law still does not criminalize marital rape or child marriage. In December 2020, parliament endorsed a law to criminalize sexual harassment and made amendments broadening a 2014 domestic violence law.

The Coalition to Defend Freedom of Expression in Lebanon has documented increased attacks on free speech and expression since mass protests in 2015 and 2019. Defamation laws allow for detention, interrogation, and imprisonment over criticism of government officials. The GoL has endorsed the Global Pledge on Media Freedom.

In September 2020, the Ministry of Labour launched a revised Standard Unified Contract (SUC) that provides new protections for migrant domestic workers, who are excluded from the labor code.  The International Labour Organization has characterized the revised SUC as an important step towards abolishing the “kafala” work sponsorship program, which is widely considered to be abusive.

Article 534 of the Lebanese Penal Code criminalizing sexual relations between individuals of the same sex remains in place, despite calls for its repeal, and violations of the rights of LGBT2QI individuals continue to occur. As positive signs, in 2018, the Penal Appeal Court of Mount Lebanon upheld a lower court ruling which acquitted nine people prosecuted for being homosexual.

Palestinians continue to face restrictions on labor and property rights, making them particularly vulnerable to the impacts of the multiple crises in Lebanon. A set of proposals to ease some restrictions were submitted in 2016 after a consultative process led by the Lebanese-Palestinian Dialogue Committee; however, these have not been implemented. In 2019, the Ministry of Labour implemented a plan to combat illegal foreign labor in Lebanon, with application extended to Palestinian refugees, according to non-governmental organizations.

The GoL estimates 1.5 million Syrians reside in the country; 880,000 were registered with the UN Refugee Agency (UNHCR) before registration was suspended by the GoL in 2015. Since then, the percentage of Syrian refugees holding valid legal residency has decreased, hindering mobility and access to basic services and leaving refugees vulnerable to arrest, detention and return to Syria. The recent endorsement of the “Return Policy” by the Council of Ministers reaffirms the GoL’s commitment to upholding the principles of non-refoulement and voluntary, safe and dignified return.

Canada’s Intervention

Thank you, Mr. President.

Canada welcomes Lebanon’s establishment of a National Human Rights Commission and ongoing work to implement its national action plan for women, peace and security.

Canada recommends that Lebanon:

1. Introduce legislation to criminalize marital rape and child marriage.
2. Protect the right of media professionals to freedom of expression.
3. Introduce legislation that prohibits discrimination based on sexual orientation, sexual identity or gender expression.
4. Implement and enforce the new Standard Unified Contract to protect migrant domestic worker rights, as a key step towards dismantling the work sponsorship system.

Canada urges Lebanon to establish an independent mechanism to investigate all reported allegations and complaints of harassment, arbitrary detention, torture and mistreatment in custody by law enforcement.

Canada urges Lebanon to respect refugee rights for Palestinians, and to facilitate the temporary legal residency of Syrian refugees through the waiver of fees and to continue hosting them until voluntary return can take place in safety and dignity.