FOUNDATION
FOR HUMAN AND HUMANITARIAN RIGHTS (LEBANON)
Corresponding member:
International Federation of Human Rights
Member: Euro-Mediterranean Human Rights Network
Tel/Fax:00961-4-922978
Mobile: 00961-3-296477
e-mail- DUMSPIROSPERO@FHHRL.ORG.LB
THE STATE OF HUMAN RIGHTS IN LEBANON/ 1999
AN OVERVIEW
INTRODUCTORY REMARKS
The
Lebanese record on human rights could be qualified as average by absolute standards but
becomes laudable when compared to that of the neighboring Arab countries. This statement
maintained its validity all the way from Lebanons independence in 1943 down to the
outbreak of the Lebanese War in 1975. In 1989 the Arab League, supported by the
international community, brokered a peace settlement at Taif - Saudi Arabia. On 13 October
1990, Syrian troops completed their control over the Lebanese territories except for the
strip adjacent to the Israeli borders. With the last obstruction to the application of the
Taif reforms out of the way, the Constitution, laws and regulations, and the whole set of
political concepts and values which followed, compelled many to dub post 1990 Lebanon as
the Second Republic. The publication of the Taif agreement prompted the FHHR/L to assess
the settlement plan as to whether it promotes or undermines human rights and freedoms. Our
study, which was published in 1989, concluded that human rights were not among the
blessings the settlement agreement promised. Instead, we detected alarming tendencies to
curb some of the basic individual rights- freedom of the media, of education, and of
political organization and the trade unions. On the collective rights we noticed that the
independence and sovereignty of Lebanon would be sacrificed for Syrias benefit. On
the 24th of November 1998 the Lebanese parliament voted the C-in-C of the Lebanese Army,
General Emile Lahhoud president of the republic. The inaugural speech promised a set of
reforms and a new cabinet was formed. Many of the excesses of the 9 years of the former
administration were curbed while some were not entirely eradicated. The present report
shall examine the individual rights and freedoms (mainly political and judicial) in a
first section, to be followed by the collective freedoms (social and economic) in a second
section, while the third and final one shall deal with the environment.
SECTION ONE
POLITICAL AND LEGAL RIGHTS
FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATIONS.
Although
the Constitution provides for freedom of assembly the post- Taif governments restricted
this right. Any group wishing to organize a rally must obtain the prior approval of the
Ministry of Interior, which failed to render decisions uniformly. The government declared
a state of emergency in 1966 banned all rallies. An exception was made for the benefit of
the parliamentary elections. Various political factions, supportive of the government or
of opposition tendencies held rallies without obtaining government permission. A measure
of the cabinet of President Salim Hoss, which was well received by the human rights
groups, ended the state of emergency that dominated the national scene for the previous 3
years. However the right to peaceful assembly was not restored. It remained obstructed by
the prohibitive permit requirements. Demonstration needs a Ministry of Interior permit
that can be issued if a number of requirements are met. The most unusual of these
conditions is the undertaking of the applicant to be held personally responsible for all
damage caused in the course of the demonstration. It is no wonder, therefore, that no
request to demonstrate was filed throughout the year 1999. Despite the obvious
shortcomings, these developments mark a net progress in comparison to the first phase of
post-Taif Lebanon. In September 1993 the government ordered the security forces to open
fire on a peaceful demonstration organized by Hizbullah in the southern suburbs of Beirut.
Nine were killed and over 40 were injured.The ban on public demonstration goes back to
1996 and was originally meant against the labor unions. The General Confederation of Labor
(CGTL) submitted a request to hold demonstrations for February 29. The government refused
to grant permission, and, instead, called on the Lebanese Armed Forces (LAF) to control
the situation.
The LAF was accorded a 90-day grant of exceptional powers necessary to maintain public
order. Under this authority it imposed a nationwide curfew on February 29, which lasted 16
hours. Several persons were arrested for violating the curfew, including three
journalists. The three were accused of photographing a military installation, but were
released after 24 hours. The others, about 30 persons, were sentenced from 5 to 10 days in
jail. On April 4, the government prevented the CGTL from staging a sit-in in front of the
Parliament building during the visit of the French President Jacques Chirac. The Lebanese
Army encircled CGTL headquarters and prevented the Union leaders from leaving their
offices, keeping them under provisional arrest for about 6 hours.The Constitution provides
for the freedom of association. This right was generally respected in pre-war Lebanon,
particularly in the 1960s when political parties, from the extreme left to the extreme
right, were licensed. In 1992, however, this right was trimmed and dozens of
organizations, including four opposition parties, were dissolved. In 1994, following the
dynamiting in February of a Church, the Lebanese Forces Party was charged and was
dissolved. Despite the court ruling in 1996, which declared the leader of the Lebanese
Forces, and by extension his party, not guilty, the dissolution decree was not rescinded.
A bill to organize political parties is not out yet. The authorities do not seem in any
hurry to pass this law. Furthermore, the minister of interior disclosed in 1996 some of
the ideas entertained by the government in its draft on the "law on political party
organization". His declaration triggered an outcry when it was made known that the
proposed draft calls on all parties to provide the ministry of interior with a register of
all their members as well as the minutes of all party meetings.
The Army Intelligence Service monitors the movement and activities of the opposition
groups. Unlike the first decades of independent Lebanon when the government in general did
not interfere with the establishment of social, cultural, sports and private associations,
post Taif Lebanon turns this right into a privilege. A case in point is the refusal of the
Ministry of Interior in 1996 to grant a permit to the Lebanese Association for the
Democratization of Elections, an independent monitoring group, declaring it nonexistent.
More recent indications o the obstruction of this right is the categorical refusal of the
ministry of interior to register the applications for associations. Attempts to notify the
ministry of interior by way of a notary public did not work either.The Israeli occupied
zone The Israeli military authorities and the Israel-controlled South Lebanon Army (SLA)
on the whole discourage all political activities. Whenever these activities are tolerated
or authorized it is observed that the beneficiaries are the political parties and
groupings of unquestionable loyalty to Israel and the SLA.
ELECTIONS AND
POLITICAL RIGHTS
The
Constitution states that citizens have the right to change their government in periodic
free and fair elections. However, in the course of history of the Lebanese parliamentary
life, those elections were never entirely "free" nor "fair". Yet, in
comparison, the pre-Taif elections were less tarnished with irregularities than the post
Taif ones. As stipulated in the Taif settlement, a number of deputies were appointed, and
not elected, to make the number of Muslim MPs on par with the Christian ones. Shortly
after the appointment of MPs a general election was called for in the summer of 1992. Less
than 15 percent of the Lebanese voted while the rest boycotted by and large for political
reasons. The August-September 1996 parliamentary elections represented a small step
forward; the electoral process was flawed by significant shortcomings foremost of which is
the lack of impartiality.
The most flagrant irregularity was the delineation of the constituencies, which tipped the
balance in favor of the Muslim communities which managed to elect not just the bulk of
their MPs but also to bring to the Chamber a score of Christian MPs on the Muslim lists.
The latter displayed very little zeal in defending the rights of the Christian base they
nominally represent as this base played little or no role in their electoral success. The
election law for the upcoming parliamentary elections in the year 2000 is more equitable
than the previous two as the inequality is reduced though not eliminated. A solid reform,
which was first introduced in the elections of 1996, still holds. The candidates who deem
their failure unlawful can file a complaint to the Constitutional Council. This safeguard
measure proved real in 1996 when several candidates submitted complaints and a repetition
of the ballot was ordered and applied. Women have the right to vote and there are no legal
barriers to their participation in politics. No women so far held a Cabinet portfolio
while only three out of 128 parliamentary seats were filled by women in 1966 which renders
the Lebanese record on women MPs the poorest in the Middle East.
FREEDOM OF SPEECH
AND PRESS
Lebanon has
a long history of freedom of opinion, speech, and the press. Although there were repeated
attempts to restrict these freedoms throughout post Taif-Lebanon, daily criticism of
government practices and leaders continue. Dozens of newspapers and magazines are
published throughout Lebanon, financed by various Lebanese and foreign groups. While the
press is not owned by the public sector, press content often reflects the opinions of
these financial backers. This situation inspired a fairly accurate description that runs
as follows: "There are no free journals in Lebanon. All what you come across are few
free journalists." The 1991 security agreement between Lebanon and Syria contained a
provision that effectively prohibits the publication of any information deemed harmful to
the security of either state. Under the threat of prosecution, Lebanese journalists censor
themselves on matters related to the Syrian president, his family, the Syrian army or
corruption in Syria.
Media
In September 1996
the government of president Hariri provoked widespread protests when it moved suddenly to
implement its controversial Media Law. The stated purpose of the law is to impose order on
the largely unregulated airwaves and to reduce religious and political tensions by forcing
the countrys many small, sectarian- oriented stations to combine into a much smaller
number of pluralist stations. Most people, however, viewed the implementation of the law
as political in nature. It reduced 52 television stations to 4, and approximately 100
radio stations to 11, only 3 of which would be permitted to broadcast news programs. All
four television stations approved are owned by, or closely associated with, important
government figures. Some of the approved stations were not operational at the time of
authorization, while a number of popular stations associated with the opposition to the
government have been refused licenses, ostensibly for failing to comply with the law. It
is a credit to the present government that the NTV, an opposition TV station which the
former government denied license despite the fact that all the legal requirements were
met, is authorized by a court ruling to go on the air again.The TV news bulletins
and the political talk shows are more tightly controlled than before. The similarity in
the news reached a level, though familiar in many undemocratic Arab countries, was till
recently unknown in Lebanon. In the summer of 1999 an outspoken retired judge, Salim Azar,
was announced as a guest on a talk show in the opposition Future TV. The talk show was
cancelled and no reasons were given. TV stations are discouraged to interview politicians
and intellectuals known to be hostile to the government. The list of the banned names is
growing in size and many that had a chance in the past years are completely blacked out.
However, the screws are less tight in the press and some, including General Aoun, have
their releases and interviews with them published. The titles of the talk shows display
the mood dominating the TV stations. Ziad Njeim found suitable for his show the title
"Ash-Shatir Yihki" which allows for a variety of interpretations including
"Let those who dare speak." Hikmat Abou Zayd went further and called his show
"Al Kalam Bisirrak", roughly in English "Keep What Is Said a Secret."
Zavin Kiyoumjian wished to be noncommittal by calling his show "Sireh Wa
Infathit," which goes somehow like "While We Are At It." A more daring
Samir Kasir thought of capitalizing from the cautious attitude of his competitors and
called his show "Bidoun Tahaffuz" "Without Reservation." For its part,
direct censorship on satellite broadcasts originating in Lebanon remains tight.
Press
The
Constitution provides for freedom of the press, but in practice this right is seriously
trimmed. Freedom of the press, which declined significantly since the Taif agreement in
1989, improved on certain scores in 1999. The various cabinets imposed relentless pressure
on the media in the nine years of President Hrawi. In one 10-day period in 1996, three
dailies (ad-Diyar, al-Liwa and Nidaal Watan) and two weeklies (alKifah al
-Arabi and al-Massira) were charged with defaming the President and the Prime Minister,
and for publishing materials deemed provocative to one religious sect. The daily ad-Diyar
alone was indicted five times and both the owner and editor-in-chief faced sentences of
between 2 months and 2 years imprisonment and fines equivalent to 30,000 to
60,000 US dollars if found guilty. It was mainly in this field that improvement was
detected in 1999. No media persons were prosecuted on the account of what they wrote, but
the imposed self- censorship is more tremendous than before according to the testimony of
those who work in the press. A telling fact is that while the former president was a
favorite subject of political caricature, the absence of any caricature, even a
favorable one, of President Lahhoud is noted. A good illustration of the general climate
what runs in an advertisement campaign run by the weekly al Muharrir. Posters underlining
the specificity of the weekly mentioned in bold letters could be rendered as follows:
"A calculated speak out where silence reins; and a little courage in the age of
fear."
Artistic
expression
The
government uses several tools to control expression. The General Security monitors all
foreign magazines and non-periodical works including plays, books, and films before they
are distributed in the market. There was an outcry in the fall of 1999 when the General
Security advised that some modifications is introduced to a Maurice Bijart performance in
Beirut. The popular singer Marcel Khalife ran into trouble with the Muslim Sunnite
authorities by using a verse of the Quran in one of his songs. The court in favor of
the singer decided the issue. It should be recalled that inSeptember 1996 a
public prosecutor charged Marcel Khalife, with demeaning religious rituals. The same
prosecutor also charged Andre Yousef Haddad with demeaning religious rituals in his book
"The Entrance to Arab Unity." However, on September 21, facing rising criticism
from various factions, the Prime Minister asked the Justice Minister to drop the charges
brought against Khalife. An investigating judge dropped the charges against Haddad on
January 8, 1997. The general Security is empowered to censor movies.
All movies dealing with Israel are banned. No distinction seems to exist between movies on
Israel and those that deal with Jewish themes. Shindlers List " was never
screened in Lebanon. In 1996, this department reportedly twice censored the scenes from
the foreign movie "Independence Day" to remove scenes with Jewish characters,
and Hizbullah later demanded a complete ban on the film because one of its heroes (played
by actor Judd Hirsch) is a Jew. Two Egyptian movies which criticize Muslim fundamentalism
were initially banned but later on were allowed. In the year 1999 few incidents were
recorded; up to one third of a film by Nahla Shahhal was slashed. The Security issued a
statement claiming that the protection of public morals prompted the measure. The
statement ran a long list of the foul words and expressions that were censored. Even
private movie clubs and cultural centers were not spared. The Goethe Institute had to
reconsider a German movie program.
Books
A long list
of books remains banned by the General Security. The list includes books claimed to
violate public morals and public order. While it is fairly easy to establish what
public morals are, public order allows for all kind of arbitrary measures directed
against the opposition to the regime. Books favorable to the former minister General
Michel Aoun are still banned. A book by a-once former bodyguard of former minister Elias
Hubeika was added to the list. No revision of the list of banned books is done and those
banned in the past remain denied to the Lebanese inside Lebanon. The list includes a book
in French on the future of Christianity in the Middle East, a whole series on Islam in
Arabic by Abou Mousa al-Hariri, were confiscated in 1994. An anti-Maronite book by
Muhammad Zaayter was banned in the same year. In 1995 a poetry book by Abdo
Wazin,"The Garden of Senses", was judged by the censor to be obscene and was
banned. In May 1996 the censor confiscated all issues of the book entitled "Remove
Pauls Mask from the Face of Christ," by the Saudi author Ahmad Zaki. The book
was determined by the General Security to defame Christianity. This list is far from being
exhaustive. It is practically impossible to draw a complete list of the books that are
printed abroad and are not allowed to sell in Lebanon. Even the list of books by Lebanese
authors which is banned or re-edited in compliance with the suggestions of the censor is
impossible to draw as many authors withhold information as they see no advantage in
antagonizing the authorities. Printing books need no prior authorization. However, the
General Security expects clearing the manuscripts before they are printed. Printed books
are supposed to be inspected by the General Security before marketing. A number of
publishing houses clashed with the censors the most famous case remains that of "Riad
Rayyes Books" on a variety of themes mainly old manuscripts and Islamic
subjects.
Academic freedom
Lebanon has
a strong tradition of academic freedom and a flourishing private educational system. In
many, though not in all, universities, the students are entitled by the university by-laws
to elect representatives. These elections were never entirely free of attempts by the
government to influence the results We have solid grounds to assert that in the post
Taif-Lebanon these attempts are intensified.
Inciting
collective hatred
Freedom of
expression is never a license to incite racial and religious hatred. Article 22, para. 2
of the International Covenant on Civil and Political Rights are widely violated in Lebanon
Anti-Semitism is more public in Lebanon than in any other Arab country. The Syrian Social
Nationalist Party displayed anti Jewish slogans in many parts of the capital and the
regions on party or national occasions. For its part, Hizbullah use of anti Semitic
slogans declined in 1999. Inciting hatred against the Maronite community in public also
declined this year. Former minister Walid Jumblat on two occasions; in the mid summer on
the issue of the Syrian Lebanese University, and in December 1999, made racist
declarations against the Maronites.
A program on the Tele
Lumiere TV station is worth noting.
Father George Rahme
runs a weekly program on sects. His favorite boxing bag is the Jehovah Witnesses and
other minor religious sects. While it is well within the rights of religious
communities to defend and propagate their faiths, it is a violation of human rights
when this right degenerates into drumming hatred, appealing to people to use physical
violence against the other sects, and demanding that the police and the security agents
should round them up. The prospect of settling and naturalizing the Palestinians who
sought refuge in Lebanon in 1948 triggered a wave of comments marked in many cases by an
unmasked racial undertone to which contributed politicians and intellectuals of all shades
of the political and religious spectrum.
FREEDOM OF
RELIGION
The
Constitution provides for the freedom of religion and this right is respected inasmuch as
the concerned religions and denominations are recognized. But what would be the legal
status of those who find their religious truth outside the list of recognized creeds? The
Lebanese law concerning religion is based on a theist concept of religion that fails to
cater for other definitions of religions. Any religious persuasion out side the list is
not recognized by the state and, therefore, not protected by law. Many religions,
Jehovahs Witnesses and the Bahais for instance, are obliged to circumvent the
Lebanese law to enjoy some of their basic rights. In the last three months of the year
1999 a number of acts of violence were reported against church buildings. Two Greek
Orthodox church buildings were partially damaged in Tripoli and in the last days of the
year some Christians were taken hostage by Muslim fundamentalist in Dinniyah and the
kidnappers reportedly liquidated two women.
FREEDOM OF
MOVEMENT
Lebanese
Armed Forces and Syrian troops maintain checkpoints in areas under their control. In South
Lebanon, the Lebanese Army, the Israeli Army, and the South Lebanon Army (SLA) all
maintain tight restrictions on the movement of people and goods into and out of
Israels zone of occupation. There are no legal restrictions on the right of all
citizens to return to the parts of Lebanon from where they were ousted in the course of
the Lebanese war. Many of the displaced, however, are reluctant to return for a variety of
political, economic, and social reasons, not to mention security and personal safety. The
government has encouraged the return to their homes of over 600,000 persons displaced
during the civil war. Although some people have begun to reclaim their homes abandoned or
damaged during the war, the vast majority of displaced persons have not attempted to
rehabilitate their property. The resettlement process is slowed down by psychological
factors, as well as political and financial restrictions.
INTERFERENCE WITH
PRIVACY, FAMILY, HOME, & CORRESPONDENCE
The
security agencies, particularly the Army Intelligence, monitor the telephones of those the
government considers foes or security risks. In March 1997 a parliamentary opposition bloc
accused the government of tapping the mobile telephone system. Though these measures did
not reach the endemic proportions of the rest of the Middle East, interference with the
privacy of the citizens is growing. Minister Elias Hubeika admitted that the telephone
calls of a number of Lebanese citizens are tapped. In May 1996 the Parliamentary Salvation
Bloc issued a statement asking the government to stop telephone tapping. While the
government did not deny the charges of the opposition bloc, the general feeling is that
nothing was done to lift the monitoring of telephones. Moreover, the Parliament voted a
law in 1999 legalizing tapping of telephones. Those of the ministers and MPs were
excluded. A bold decision the Constitutional Council declared the law unconstitutional.
However, no steps followed and the general feeling is that tapping of telephones is
widespread. The wife of Samir Geagea, (former commander of the outlawed Lebanese Forces
Party), is still placed under strict surveillance. An army checkpoint in the vicinity of
her residence takes down the names of all those who call on her. Her goings and comings
are also recorded. In 1999 the parliament passed a bill legalizing the tapping of
telephones by the security agencies. The cabinet members and the MPs were exempted. Human
rights organizations and important strata of the society lauded the decision of the
Constitutional Council declaring the bill unconstitutional All those who call on the
Maronite Patriarch will have their names registered by an army checkpoint placed at the
entrance of the Patriarchal See in Bkirke. The officials, citing security as a pretext,
justify the measure as a necessary precaution to protect the life of the head of the
Maronite Church. The violation of privacy is not restricted to the Lebanese government
agencies. Hizbullah and the Syrians have their own monitoring networks while the SLA and
the Israelis behind them violate the privacy in the zone under their control. Printed
material types, films, and, in some cases, correspondence are checked by the General
Security.
POLITICAL KILLINGS
Wholesale
political killings, a prominent feature of the war years, is gradually phasing out. Four
judges, while on duty, were gunned down in Sidon and the assassins managed to escape.
ARBITRARY ARREST
& DETENTION.
The
Lebanese government resorts to arbitrary arrests and detention. The law requires security
forces to obtain warrants of arrest before making arrests. However, military prosecutors,
with their extensive jurisdiction, reportedly issue blank warrants of arrest to be
completed after a suspect has been arrested. Arresting officers must refer a suspect to a
prosecutor within 24 hours of arrest, but this provision is often disregarded. The law
requires the authorities to release suspects after 48 hours of arrest if they do not bring
formal charges against them. Some prosecutors flout this requirement and they detain
suspects for long periods in pretrial confinement without a court order. The law
authorizes judges to confine suspects to incommunicado detention for 10 days with a
possible extension of an additional 10 days. Bail is only available to those accused of
petty crimes, not to those accused of felony. Defendants have the right to legal counsel,
but there is no public defenders office. The Bar Association has an office to assist
those who cannot afford a lawyer. Security forces continue to practice arbitrary arrest,
detaining mainly the opponents of the government. In November 1999 the security forces
arrested over 80 persons in Tripoli following the attempts on the church buildings.
Almost all were arbitrary arrested and later on were set free. The authorities often
detain for short periods and without charges political opponents of the Syrian and
Lebanese governments. Rounding up of the activists of the Lebanese Forces and the
followers of General Michel Aoun dwindled in 1999. In almost all cases the activists are
asked to sign a declaration in which they undertake to abstain from all forms of political
activities. In the past two years a new method was applied. The security agencies found
wiser to keep the detainees for no more than few hours, a time span enough to achieve the
desired intimidating effect while denying the human rights organizations the chance
to disseminate the information seeking protest action. However two exceptions were
recorded this year; Salman Samaha, a Lebanese Forces activist, was detained for three days
in March of 1999. He was released and no charges were pressed against him. Walid Ashkar, a
student activist and member of the pro-Aoun group was arrested in November 1999 and
was kept for three days in the detention center in Tripoli before being moved to the
Military Police headquarters in Beirut. Achkar, claims to be tortured and has medical
reports establishing these allegations, was set free by the hearing magistrate. There is
credible information that a certain category of detainees is handled from the outset by
Syrian security agents and transferred to Syrian detention centers, whether in Lebanon or
Syria proper. The number of these detainees cannot be accurately determined.
The only official admittance of the presence of Lebanese detainees in Syria came on
November 24, 1996 when P.M. Hariri gave the number of Lebanese detainees in Syrias
prisons to be 210. The President of the Republic had given a more reduced number earlier.
While in 1998, 121 Lebanese detainees in Syrian prisons were released, none were released
in 1999. Local militias and non-Lebanese forces continued to conduct arbitrary arrests in
areas outside central government control. The SLA detains an estimated 100 to 200 Lebanese
citizens and an undetermined number of Palestinians at al Khiyam prison in South Lebanon.
Since 1995 the SLA has allowed the families of the prisoners as well as the ICRC to visit
the detainees. Over 100 detainees were released in 1999 from the Khiyam prison as well as
from prisons inside Israel. The German government mediated between the two sides.
DENIAL OF FAIR
PUBLIC TRIAL
Independent
Lebanon inherited an independent and impartial judiciary from the French. This tradition
was by and large maintained despite occasional departure from these values. (The Emile
Edde Affair, the Anton Saade Affair, and the Emir Nuhad Arslan Case, all in the
mid-late 1940s.) A major breach was registered in 1967 when a Military Court was set up as
a permanent part of the judicial structure. A further decline came about with the
establishment of the Judicial Council, which is highly influenced by political
considerations and lacks the independence necessary for fair trials. The Council can only
review cases referred to it by the Council of Ministers. There is a further flaw in the
Judicial Council as its rulings are not liable to any form of appeal. Another shortcoming
is that all complaints against the Judicial Court would be considered by the Court itself
rather than by an impartial tribunal. In May 1996 the Judicial Council started to try 17
persons charged with the August 31, 1995 killing of Sheikh Nizar al-Halaby, a Sunni cleric
who headed an Islamist socio-political organization. The leader of the 17 defendants,
Ahmad abd al-Karim al-Sadi (Abou Mahjan) is still hiding in the Palestinian Camp of
Ayn al-Hilweh near Sidon. Three of the defendants received capital punishment that
was carried out in March 1997.
In July the Judicial Council issued its ruling in the 1994 al-Zuk church bombing.
The tribunal acquitted Samir Geagea of charges of bombing the church but sentenced him to
10 years imprisonment for creating illegal military cells. The existence of a
Military Court is another gross violation of fair trial This court is an innovation
introduced in 1967 as a judicial tool to check the declining state of security. The
competence of the court spread in the years that followed on the account of the
normal penal courts. The Military Court applies summary procedures and the sum total of
rulings which exceed all penal courts put together, are seriously questioned by
jurists The normal court structure allows for a degree of political influence in the
judiciary. The Prosecutor General of the Republic, who directs and supervises all the work
of the prosecutions offices all over the country receives, by law, his instructions from
the Minister of Justice. The Ministry of Justice appoints judges on the basis of a
confessional formula. The shortage of judges has impeded efforts to adjudicate cases
backlogged during the 15 years of war.Trial delays are also caused by the
governments inability to conduct investigations in areas outside its control. A case
in point where the delay casts obvious injustice is that of former minister Shahe
Barsoumian who was detained over 8 months ago and his file is not yet referred to the
court. The FHHRLs records contain the more shocking cases where people,
especially nationals of poor Asian and African countries, are in the pre-trial phase for
long periods, in some cases upward of 4 years. The FHHRL handles a case where an Ethiopian
domestic helper was accused of strangling her newborn daughter. All the phases of her
trial were completed including a stiff sentence without calling in a translator who could
communicate with her in a language she knows.
An attempt on the right to defense was registered in 1999 when the Military Court refused
to allow all the layers who volunteered to defend the former SLA people from Jizzin. The
court restricted the right of defense to just a handful of lawyers. Two developments on
the positive side are worth noting: a growing number of judges are basing their rulings on
the Universal Declaration of Human Rights and other human rights instruments. The other
laudable development is a ruling by a hearing magistrate to press criminal charges against
a member of Internal Security Force when he detected evidence that the official was
implicated in torturing a detainee.The government dismisses charges that some are facing
trial for their political persuasions. However, by the standards of a democratic system of
government, many of those arrested and are facing trial for distribution of leaflets or
taking part in labor demonstrations, will be considered acting within their right of
freedom of expression as in all these cases there were no acts of violence related to the
activities they are charged for.
Denial of justice
in the Israeli zone
The actions
of the Israeli forces and the SLA in the zone under their control constitute a grave
violation of human rights The violations include:
- The arrest and imprisonment of suspects without trial at the Khiam detention center.
- The use of torture during interrogations, including electric shocks, at Khiam.
- The banishment of hundreds of people from their homes in the occupied border strip
without any form of hearing.
- The conscription of residents of South Lebanon, including children as young as 15, into
the SLA.
- The demolition of suspects houses.
DISAPPEARANCE
Politically
motivated disappearances did not vanish completely. In 1992 Boutros Khawand, a prominent
member of the Kataib party, was kidnapped from his house in the suburbs of Beirut
and his whereabouts are not known. It is widely circulated that the Syrians detain him,
probably in a detention center in Syria. Khawand is not the only detainee in Syrian
prisons. While it is impossible to detention the real number, there are no less than 200
Lebanese detained in Syria. Nothing is known about their where about or the reason
for their detention or the duration of their imprisonment. The government took no judicial
action against groups known to be responsible for the kidnapping of thousands of people
during the unrest between 1975 and 1990. In May 1995, Parliament passed a law allowing
those who disappeared during the Lebanese War to be officially declared dead. The law
stipulates that interested parties may declare as dead any Lebanese or foreigner who has
disappeared in Lebanon or abroad and for whose disappearance death was the most probable
explanation. Petitioners may apply for a court certification 4 years after a declaration
of disappearance and may not benefit from any properties inherited until 6 years after
such a court certification. The law facilitates the resolution of inheritance claims and
of second marriages.
CAPITAL
PUNISHMENT, DEATH UNDER TORTURE, AND PRISON CONDITIONS.
Not
acceding to Optional Protocol No.2 (O.P.2) on the abolition of the death penalty is no
excuse for the former governments to handle lightly a basic right such as the right to
life. (Many legal experts and human rights organizations urge the government of Lebanon to
accede to O.P.2, not to mention the less controversial need to accede to O.P 1. that
empowers the citizen to file complaints against his government before the
Committee). Article 6, para.2 of the International Covenant on Civil and Political Rights,
which is binding, states that: "
sentence of death may be imposed only for the
most serious crimes". Throughout the pre-Taif period (1943-1990) only
11instances of applying capital punishment were recorded. In post-Taif Lebanon the
situation is different. In 1994 the President of the Republic announced that the "era
of the gallows" has begun, and true to his word in a period of a little more than two
years 12 persons were executed. These sentences, let alone the actual executions, raised a
number of disturbing questions in the circles of jurists, lawyers and judges. In one case
the defendant was clearly a psychopath requiring medical treatment. One of the three
presiding judges on the bench openly dissented. One can easily pinpoint irregularities in
most of the other cases. What is greatly disturbing is the deletion of the provision of
extenuating circumstances thus rendering capital punishment an automatic sentence for all
cases of homicide regardless of the motives or circumstances.
The 1994 death of Tarik Hasaniyeh occurred allegedly under torture by authorities at
Beiteddin Prison. In the same year Fawzi al Rasi died while in custody, and it was widely
rumored that he met his death under torture.In 1994 the security forces arrested four
Iraqi diplomats assigned to Beirut and charged them with the murder of an Iraqi dissident.
According to press reports the four Iraqis admitted their guilt but no trial was held
throughout the period of detention. Three were released in February 1996 while the fourth
died in prison. The detention of the Iraqi diplomats was an obvious violation of the
Vienna Convention.
There continued to be credible reports that Lebanese security forces used torture on some
detainees. In January 1996 some members of Parliament accused the Internal Security Forces
of torturing detainees by beating them, especially during interrogation, and called on the
Ministers of Justice and Interior to investigate. At least one prisoner reportedly
suffered paralysis as a result of security force violence during interrogation. The
authorities charged three policemen, but the case is still pending. Torture is not
restricted to the police. In fact, cases of police torture are less widespread and
infinitely lighter than those reported in the places of detention of other security organs
such as the Military Intelligence, and the general Security in the case of the foreigners,
especially nationals of Africa and Asia. Abuses also occurred in areas outside the
states authority, especially in the Palestinian refugee camps. The various
Palestinian groupings, especially the "Ten Allied" with Syria, control much of
the camp population and administer their own justice against their opponents.
Prison conditions are poor and do not meet the internationally- recognized minimum
standards. There are only 18 operating prisons with a total capacity of 2000 inmates.
Conservative figures set the number over 5000 (the occasional detainees not included). The
most acute problem is overcrowding and the inevitable consequence of locking people
together with little or no regard for age and health. For example, the Zahle prison for
males consists of 4 rooms with a total of 194 prisoners. Of the 142 juvenile detainees in
prison, only 9 were charged; the others are awaiting trial. The other acute problem is
that of hygiene. It is reported that the cells lack heating and a shortage of toilet and
shower facilities is detected.
In addition to the regular prisons, the General Security, which mans border posts,
operates a detention facility. Hundreds of foreigners, mostly Egyptians and Sri Lankans,
have been detained pending deportation. They are reportedly held in small, poorly
ventilated cells. Yet n the year 1999 an impressive improvement was implemented by the
Security General More decent and comfortable centers were arranged for the foreign
detainees until a solution is found. A fairly well equipped center is in Mazraat
Yashou. The lack of cooperation on the part of the states the national carry their
passports makes it unfair to blame the Lebanese General Security for the tragic living
conditions of the detainees.A number of reforms were introduced by the new director
general og the General Security Department. The one most related to human rights is
appointing a senior official to liaison with the human rights organizations. This measure
proved fruitful and one of the beneficiaries is a Turk national Augustine Bishu. A
decision was taken to extradite Bishu, who entered illegally the Lebanese territories, to
his country of origin.
The Director General, following an appeal by the FHHRL, reconsidered the decision. The
government does not permit prison visits by human rights monitors. Hizbullah also detains
SLA members and suspected agents at locations within their controlled areas. There are
reports of mistreatment of detainees by Hizbullah.
NATURALIZATION
In 1994 the
government issued a Naturalization Decree. This two-line decree increased the total
population of Lebanon by 8 to 10 percent. The question of naturalization is a
long-standing problem in Lebanon dating back to the 1920s. The anomaly of stateless
persons in Lebanon had at some point to be addressed. However, this 1994 solution of the
naturalization issue created, according to some critics, a new set of problems. The
selection of persons to be naturalized was largely arbitrary. While the problem of the
stateless was settled, a good majority of those naturalized, as indicated in the Decree
itself, are possessors of non-Lebanese nationalities (not just Syrians). This arbitrary
naturalization unfairly disturbed the delicate demographic balance among the various
Lebanese religious communities. Moreover, the registration of these newly naturalized in
carefully selected districts throughout the country upset the balance of electoral voter
lists, a problem that was evident in the summer 1996 parliamentary elections and looms
over the parliamentary election for the year 2000.
VIOLATION OF
HUMANITARIAN LAWS
An
undetermined number of civilians continue to be killed in South Lebanon, as Lebanese
Hizbulah forces on the one hand, and Israeli forces and SLA on the other, engage in a
cycle of violence. The paramilitary group attacked SLA and Israeli troops deployed in
Lebanon, and also launched rocket attacks against northern Israel. Israeli forces
conducted repeated air strikes and artillery barrages on populated areas and on guerrilla
targets inside Lebanon. There were numerous incidents in the cycle of attacks and
reprisals. For example, in April 1996 after Israeli aircraft raided several villages in
both the western and central sectors of Lebanon and two Lebanese civilians were
killed in two other incidents, Hizbullah began firing Katyusha rockets at settlements in
northern Israel, and the Israelis launched a large-scale military operation dubbed
"Grapes of Wrath." During the 16-day operation, hundreds of thousands of
civilians in southern Lebanon fled their homes and sought refuge in safer parts of Lebanon
in the north. About 164 Lebanese, primarily civilian noncombatants, were killed. Israeli
planes hit two Beirut civilian power stations. During the operation, Katyusha attacks
against northern Israel intensified. On April 18 a number of Israeli shells struck the UN
compound in Qana killing 102 civilians who had sought shelter there, and wounding others.
In February 1996 the Israeli navy detained three fishermen off the coast of Tyre in south
Lebanon. On June 13, 1996 the Israeli Defense Forces seized journalist Ali Daya, the
Agence France Press (AFP) correspondent in the Israeli-occupied zone. An Israeli army
spokesman accused Daya of working for Hizbullah. He was released on July 18 of the same
year.In August 1996 the Israeli air force raided Baalbeck and damaged the building of the
Voice of the Oppressed, the radio station of Hizbullah. On September 21, 1996 the SLA
expelled a family of 12 from the village of Mays-al Jabal allegedly due to the desertion
from the SLA of one member of the family. Eighteen others were expelled from the security
zone during the year 1996.Between May 30 and June 3, 1999 the SLA militia abdicated Jizzin
and retreated to the new frontline just south of Kfar Houne. More than 200 militiamen
opted to remain behind and surrendered themselves to the Lebanese authorities. They were
later given sentences ranging from three to eighteen months.
The use of banned
weapons.
It is
established beyond doubt that Israel and the SLA use weapons, including flechette shells,
phosphorus and remote controlled bombs, which takes indiscriminate toll on civilian
bystanders. Each flechette shell used by the Israelis contains between 8,000 and 12,000
five-centimeter steel darts. It is fired by tank cannon and explodes at a height of
500 meters, scattering the darts over an area of about one square kilometer. In September
1999 an officer of the UN peacekeeping mission UNIFIL told AFP that the flechette shells
used by the Israelis in Lebanon fell "indirectly into the category of banned
weapons" because they "are not aimed at a specific target but scatter over wide
area inflicting damage on civilian facilities. These violations and crimes lay squarely
with Israel regardless of whether they were actually committed by the Israeli army or its
SLA ally as the Israeli army itself acknowledges that it pays the wages of the SLA
militiamen, including the jailers in Khiam prison. The Israelis also arm and supervise the
SLA militia. The UN Human Rights Commission was more direct. In April 1997 it ruled that
Israeli actions in South Lebanon constituted a "serious violation" of the 1949
Geneva Convention on the protection of civilians in wartime.
RIGHTS OF SPECIAL
GROUPS
The gay and
lesbian community is still harassed by the police and the laws of Lebanon.
Homosexuality is punishable by imprisonment regardless of age and circumstances. It is
imperative that the Penal Code be amended to restrict punishment to acts involving a minor
and exercised in public.
THE HUMAN RIGHTS
MOVEMENT IN LEBANON.
Several
human rights groups operate in Lebanon. An extremely reduced number is recognized by the
Ministry of Interior while the bulk are either not registered or registered not as
societies but as corporate organizations. The attitude of the government towards these
groups is not uniform. A positive development was registered in the year 1999. On November
29,1999 Amnesty International circulated a statement under the title "Lebanon
President welcomes Amnesty International office in Beirut" .The statement, while
praising "the support and encouragement we have received for the proposal from the
highest authorities in Lebanon, from human rights activists and from various
representatives of civil society," added that "the Lebanese authorities have
given the go-ahead to set up a regional office for Amnesty International in
Beirut."
LEBANON AND THE
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
Lebanon
adhered and became a party to a number of international instruments on human rights, most
of which are related to labor. In 1972 the Lebanese government acceded to the two
covenants of 1966 while in 1997acceded to the International Covenant on the rights
of women. However, the Lebanese government refrained from signing the Covenant against
torture which was signed by 101 states. And was enforced as of June 26, 1987. In 1999
Lebanon joined a number of states in the "Interpretative Declaration" which
stated the attitude of 28 states on the rights of human rights activists. The
"Interpretive declaration" over and above the fact that is devoid of any legal
significance, emptied the agreement of its main contents. The embarrassing fact is that no
one of the 26 signatories of the "Interpretative Declaration" is known to be a
democracy while 14 out of the multitude are Arab countries. Lebanon is behind on many of
its commitments to report to the UN related committees. The government report on the
discrimination against women is long overdue. The government sources state that the
report is ready and is undergoing its final touches.
SECTION TWO
SOCIAL AND ECONOMIC RIGHTS
WORKER RIGHTS
All
workers, except government employees, may establish and join unions and have a legal right
to strike. Worker representatives must be chosen from those employed within the bargaining
unit. About 900,000 persons form the active labor force, 42 percent of whom are
members of the Unions, with about 200,000 workers, are represented in the General
Confederation of Labor. The unions in Lebanon are not government institutions. However,
the union leaders supply convincing evidence of the security organs intervention in
elections of union officials. In post-Taif Lebanon the Ministry of Labor issued permits
for pro-government unions to form a labor federation in a bid to weaken the General
Confederation of Labor.
Palestinian refugees may organize their own unions, but restrictions on their right to
work make this right more theoretical than real. Few Palestinians participate actively in
trade unions. Unions are free to affiliate with international federations and
confederations, and they maintain a variety of such affiliations. The right of workers to
organize and to obtain bargains exists in law and practice. Most worker groups engage in
some form of collective bargaining with their employers. Stronger federations obtain
significant gains for their members, and on occasion have assisted non-unionized workers.
There is no government mechanism to promote voluntary labor-management negotiations, and
workers have no protection against anti-union discrimination. The Governments ban on
demonstrations diminished the unions bargaining power.Law does not prohibit forced
labor. Children, foreign domestic servants, or other foreign workers are sometimes forced
to remain in situations amounting to coerced or bonded labor. The 1946 Labor Code
stipulates that workers between the ages of 8 and 16 may not work more than 7 hours per
day, with 1 hour for rest provided after 4 hours. They are also prohibited from working
between the hours of 7 p.m. and 6 a.m. There is a general prohibition against "jobs
out of proportion with the workers age." The Code also prohibits certain types
of mechanical work for children of ages 8 to 13 and other types for those of ages 13 to
16. The Labor Ministry is charged with enforcing these requirements, but the ministry does
not rigorously apply the law.
The Government sets a legal minimum wage, which was raised in April 1996 to 300,000L.L
(about $200US), per month. The law is not enforced effectively in the private sector. In
theory the courts could be called upon to enforce it, but in practice they are not.
The minimum wage is insufficient to provide a decent standard of living for a worker and
family. The Labor Code prescribes a standard 6-day workweek of 48 hours, with a
24-hour rest period per week. In practice workers in the industrial sector work an average
of 35 hours per week, and workers in other sectors work an average of 30 hours per week.
The law includes specific occupational health and safety regulations. Labor regulations
call on employers to take adequate precautions for employee safety. Enforcement, the
responsibility of the Labor Ministry, is uneven. Labor organizers report that workers do
not have the right to remove themselves from hazardous conditions without jeopardizing
their continued employment.
SOCIAL
DISCRIMINATION
The
Constitution calls for "social justice and equality of duties and rights among all
citizens without prejudice or favoritism." In practice, aspects of the law and
traditional mores discriminate against women. Religious discrimination is built into the
electoral system. Discrimination based on the other listed factors is illegal.
WOMEN
The press
reports cases of rape with increasing frequency; what is reported is thought to be only a
fraction of the actual number of this abuse. There are no authoritative statistics on the
extent of spousal abuse. Most experts agree that the problem affects a significant portion
of the adult female population. In general, battered or abused women do not talk about
their suffering for fear of bringing shame upon their families or accusations of
misbehavior upon themselves. Doctors and social workers believe that most abused
women do not seek medical help. The government has no separate program to provide medical
assistance to battered women. It does not provide legal assistance to victims of crimes
who cannot afford it, regardless of the gender of the victim. A positive development in
the case of battered women, including wives, is setting up at least one NGO which offers
refuge, medical, psychological and legal assistance to the victims. This type of violation
was beamed on the TV and helped in promoting awareness. In February 1999 an important
amendment was voted by the parliament in favor of women. The exemption from punishment in
the case of a male killing a female ascendant, descendent or sister when discovered in a
compromising situation is deleted. The legal system remains discriminatory in its handling
of "crimes of honor." This type of murder still benefits of attenuating factors.
A positive development on the social level was registered in the late summer of 1999 when
a man brutally killed his teenage daughter. The attitude of his village was very hostile
to him and, when acting the murder, the police force had to intervene to save him from
wrath of his society.
Prostitution is punishable by law. The definition of prostitution is vague and allows for
abuse. Cases were reported of couples who were subjected to police interrogation on
charges of prostitution for just being alone in an apartment. There is no
distinction between prostitution and the profession of bar maids and the line between the
two is misty. Mixing up between the two professions does not do justice to bar maids
proper. It should be added that hookers, being outside the protection of law, remain and
ideal subject of all kind of social sexual and police abuse. It should be noted that
in 1994 the Parliament removed a legal stipulation that a woman must obtain her
husbands approval to open a business or engage in a trade. Only males may confer
citizenship on their spouses and children. This means that children born to Lebanese
mothers and foreign fathers may not become citizens. In late 1995, the Parliament passed a
law allowing Lebanese widows to confer citizenship on their minor children. Children born
out of wedlock to a Lebanese mother are entitled to her nationality. Religious groups have
their own family and personal status laws administered by religious courts. Each group
differs in its treatment of marriage, family, property rights, and inheritance. Almost all
these laws discriminate against women. Women are not treated on par with men when it comes
to their rights as wives, mothers, o
CHILDREN
There are
few legal and far less practical protections of children in Lebanon. Despite a bill in
March 1998 making education compulsory for the first seven forms, the measure is not yet
enforced and many children take jobs at a young age to help support their families. In
lower income families, boys generally get more education. The reason is not just the
nation-wide economic recession but equally social attitudes which favor the males. As a
consequence of both factors, a growing number of girls are withdrawn from schools and
enter the work market or remain at home. An undetermined number of children are neglected,
abused, exploited, and even sold to adoption agencies. There are hundreds of abandoned
children in the streets nationwide, some of whom survive by begging, others by working at
low wages. According to a UN Children Fund (UNICEF) study, 60 percent of working children
are below 13 years of age and 75 percent of them earn wages below two-thirds of the
minimum wage. Juvenile delinquents wait in ordinary prisons for trial and remain there
after sentencing. Although their number is very small, there is no adequate place to hold
delinquent girls, and they are currently held in the womens prison in Baabda.
Limited financial resources have hindered efforts to build adequate facilities to
rehabilitate delinquents. However, the Higher Relief Committee allotted some funds to the
Association for the Protection of Juveniles to lease a two-story building in Baasir
in order to accommodate 50 juvenile delinquents. Two extremely shocking cases were out in
the open in the year 1999. In the earlier part of the year Fatima al Jasim, a child below
10 of age was brutally tortured by the house lady where she worked. The press and a number
of NGOs campaigned against the perpetrators and the court sentenced the employer. In
the late summer of 1999 Khodr Kanjo, a boy of 6 need medical care for injuries inflicted
on him. It turned out that the child was a victim of repeated sexual abuse by his uncle
who displayed sadist tendencies. There are neither child welfare programs nor government
institutions to oversee the implementation of childrens programs. A score of NGOs
are active in the field of children rights and protection. The Committee for
Childrens Rights has been lobbying for legislation to improve the conditions of
children. The Parliament passed a law to drop the use of the word "illegitimate"
on the identity cards of children born out of wedlock. The Ministry of Health requires the
establishment of health records for every child up to 18 years.
PEOPLE WITH
DISABILITIES
Over
100,000 people sustained disabilities during the Lebanon war. Care of the disabled is
generally a function performed by families. Most efforts to secure education,
independence, health, and shelter for the disabled are made by some 100 private
organizations for the disabled. In general, these organizations are poorly funded.
Building requirements have no specifications for ease of access.However, the private
"Solidere" project imposed requirements for disabled access.
NATIONAL
MINORITIES (PALESTINIANS)
Most
non-Lebanese refugees are Palestinians. The United Nations Relief and Work Agency (UNRWA)
reported that the number of Palestinian refugees in Lebanon registered with UNRWA was
352,668 as of June 30, 1996. The government estimates the number of Palestinian refugees
at 361,000, but this figure includes only the families of refugees who arrived in 1948.
Reliable sources estimate the Palestinians residing in Lebanon to be around 200,000
as no less than 150,000 have left for destinations in the Arab world, west Europe,
Australia and the Americas. The government issues laissez-passe (travel documents) to
Palestinian refugees to enable them to travel and work abroad. However, after the
government of Libya announced in September 1995 its intent to expel Palestinians working
in that country, the Lebanese authorities moved to prohibit the return of
Palestinians living abroad unless they obtain an entry visa. Many Palestinians were
unfairly stranded for some time until a solution was worked out. The government seeks to
prevent the entry of asylum seekers and undocumented refugees. There have been no known
asylum requests since 1975. There are legal provisions for granting asylum or refugee
status in accordance with the 1951 Convention relating to the status of Refugees and its
1967 Protocol. The government cooperates with the office of the United Nations High
Commissioner for Refugees (UNHCR) and (UNRWA). Most Palestinian refugees live in
overpopulated camps that have suffered heavy damage as a result of the fighting. The
government has instructed relief workers to suspend reconstruction work in the camps, and
refugees fear that in the future the Government will reduce the size of the camps or
eliminate them completely. The government officially ended the practice of denying work
permits to Palestinians in 1991.However, in practice, very few Palestinians receive work
permits. Palestinians still encounter job discrimination, and most are funneled into
unskilled occupations. They and other aliens may own land of a limited size but only after
obtaining the approval of five different district offices. The law applies to all aliens,
but for political, cultural, and economic reasons it is applied in a manner
disadvantageous to Palestinians and, to a lesser extent, Kurds. The government does not
provide health services to Palestinian refugees, who must rely on UNRWA and
UNRWA-contracted private hospitals. In recent years, Palestinian incomes have declined as
the Palestine Liberation Organization (PLO) closed many of its offices in Lebanon, which
formerly employed as much as 50 percent of the Palestinian work force. Palestinian
children have reportedly been forced to leave school at an early age because UN relief
workers do not have sufficient funds for education programs. The UN estimates that 18
percent of street children are Palestinian. Drug addiction and crime reportedly are
increasing in the camps, as is prostitution. The main victims of arbitrary arrest,
detention, and harassment by the state security forces, the Syrian security, the various
militias and the rival Palestinian organizations are the pro-Arafat Palestinians. In the
Palestinian camp of Ayn al Hilweh, where the pro-Arafat Palestinians enjoy relative
security, assassination of opponents is more common than their arrest.
SECTION THREE
THE ENVIRONMENT
The public
awareness of environmental issues is relatively new compared to other developing nations.
Until recently, the notion of sustainable development, the right of people to know about
the consequences of development in their neighborhoods, cities, and towns, the right of
people to participate in the decision making process for such development was almost
non-existent. Environmental activism was to the Lebanese public some occasional campaigns
to plant trees along major highways, or cleanliness campaigns to pick up trash sitting in
the streets. With the proliferation of environmental NGOs in the country, the awareness
situation is changing although at a very slow pace. The public generally now realizes the
direct correlation between environmental degradation and public health. Air pollution from
cement factories, and electric power generation plants is being directly linked to
respiratory problems while ground water pollution is a function of the lack of sewer
networks and wastewater treatment plants. It was the environmental activists who were
behind the governments declaring three protected areas for bio diversity
preservation. The situation is totally different at the decision making level. The
government development policy- making process is severely centralized and held in the
hands of a few politicians with interests conflicting with those of the public. Almost all
development projects from zoning laws to highway design are planned and implemented with
no prior environmental impact assessment. Decisions, even when made with public
interest in mind, are made on antiquated assessment methods, mainly, the more concrete
poured the more viable is the development. Moreover, harassment, detention (though short),
and occasional beating and threats, have become an occupational hazard for
environmentalists. Pierre Malychef, a pharmacist in his seventies, was summoned before a
judge in 1995 and was charged with "compromising Lebanons international
reputation" by his releases warning of the presence of toxic barrels in various parts
of Lebanon. The interrogation lasted 9 hours but Malychef was allowed to return home seven
days later.
Muhammad Sareji was physically assaulted by thugs he accused of acting by instruction of
the chief of police in Sidon, and spent two days in hospital for his attempt to save
marine life in Sidon. His efforts were not on vein. Stiff penalties are meted to those who
use dynamite in fishing. More serious issues were disclosed on the National Environment
Day (16 November) 1998. Nabil Soubra, the president of the League for the Development of
Municipal Work in Beirut, described air pollution as the "silent killer," with
key sources in the capital being the traffic and lack of green space. Soubra described
open spaces in Beirut as the lowest among the worlds capitals, with just 600,000
square meters of open space, including the Pinewood (Horsh). Whereas the United Nation
stipulates that each person requires 40 square meters for a healthy environment,
Beiruts rate lies as low as 0.8 square meters per person, the English language
Beirut daily, the Daily Star, reported Soubra as saying. It can be asserted that
integrated development policies are lacking in all major areas among which are:
( a) The economic value of environmental protection such as the benefits in terms of
eco-tourism to clean beaches, healthy air, and protected forests.
( b)The lack of participation on the part of the general population through local
government institutions is robbing the country of valuable human resources available and
willing to participate in environmental protection.
( c)Lack of sound management in water resources is causing a major loss to GDP whereby
surplus resources which could be sold to more needy areas of the Middle East in return for
a major increase to national income are being wasted out to sea, or spoiled as a
result of pollution. It is important to note that a World Bank assessment issued in
January of 1966 estimated the net loss due to health problems caused by air pollution and
the impacts of bad water quality, and bad wastewater management to be in the order of $300
million annually. Losses would be much higher when all environmental losses are
incorporated into the calculation, particularly in the area of tourism losses due to
prevailing environmental conditions.
This background remains valid for the year 1999. In fact the following quick rundown
indicate unjustified deterioration:
- Green Peace activists were physically assaulted by the police in the course of a
peaceful protest against dumping toxic material in the sea by a Chemical firm in Salaata.
- No measures were taken to protect woods from the seasonal fire that breaks in September
of each year.
- Natural sites, water sources, and air remain unprotected.
- While some quarries are closed down or organized, the bulk of this devastating activity
continues unchecked.
- Hunting was controlled for a couple of years in the mid 1990s. In the past two years all
restrictions, in actual fact, were lifted.
- After a promising start in treating garbage and waste a decline in waste treatment was
recorded.
- Vehicles run by fuel oil are authorized following decades of banning. The necessary
measure of engine control is not, or nor sufficiently, implemented.
- A set of fertilizers and insecticides which are banned in many countries are still
allowed in Lebanon.
- Little is done to build sewage networks, which are lacking almost everywhere in Lebanon,
and little was done to improve the existing few.
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