Procedure (Decree-Law No.90 of 16 September 1983), contains a chapter (Chap.7) entitled “imprisonment for debt”. Article 997 of which states that: "A creditor may request the imprisonment of a debtor who refuses to reimburse one of the following debts, subject to the enforcement of other laws; 1- The compensation granted by a judgement for a criminal or civil offence and the costs of the trial relating to succh compensation; 2- The compensation granted hy a judgement on behalf of a judge or the State in the event of the rejection of a remedy filed against them for responsibility for acts committed by judges (Judicial misconduct proceedings); 3- Alimony granted by a judgement, each payment being a separate debt; 4- The dowry of or the amount granted by a judgement to a woman who has been repudiated or divorced under Muslim law.” As may be seen, there is a justification for such cases, which are not instances of a failure to fulfill a contractual obligation, as provided for in article 11 of the Covenant. Comments These legal stipulations are adequately applied according to our files and findings. Article 12 55. The initial report described the practical arrangements for freedom of movement under Lebanese law., as authorized by article 12, paragraph 3, of the Covenant. 56. In order to rectify the enforced geographical distribution of the Lebanese population according to religious affiliation, paragraph (1) of the preamble added to the Lebanese Constitution on 21 September 1990 provides: "The national territory belongs to all Lebanese. Every citizen has the right to reside in any splitting or part of the territory and to benefit thereby in accordance with the sovereignty of the law. The geographical distribution of the population on the basis of any affiliation is prohibited, as are the partition of the territory and the settlement of Palestinians." 57. In accordance with this principle and in order to allow the return of displaced persons to the original places of residence from which they were driven out by the armed conflicts, and particularly by the bloody events of early September 1983 following the brutal withdrawal of Israeli troops from some of Lebanon's territories, a far-reaching programme was implemented and is currently in its final phase. It involves the organization of reconciliation meetings in villages where population displacement occurred, followed by the allocation of subsidies for the reconstruction or restoration of dwellings. 58. With regard to the right to leave the country, however, a problem with which the government must deal is the free return to their own countries of certain foreign employees. Some Lebanese employers "confiscate" their foreign employee's passport; having paid for the cost of the employee's travel from his country to Lebanon, for example, the employer wants to ensure that his employee will fulfill his contract for the minimum time he (the employer) needs to recover the expenses. In most cases, the employee concerned goes to his country's consul in Lebanon to obtain a new passport according to the procedure applicable for a lost passport. 59. The Israeli army imposes extremely stringent constraints on freedom of movement, particularly of cars, in the border area which it occupies. Comments 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 Israel's 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, arc reluctant to return for a variety of political, economic, and social reason, 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 by psychological factors, as well as political and financial restrictions. 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. 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). Article 13 60. Since the initial report, there have been no changes in the legislation and no particular problems with regard to the expulsion of foreigners from Lebanese territory. Comments We have no evidence of the government expelling any aliens who are lawfully residing in Lebanon. Article 14 61.The initial report described in detail the judicial guarantees embodied in Lebanese law, particularly in article 20 of the Constitution, which guarantees the independence of the judiciary, and the Penal Code and the Codes of Criminal and Civil Procedure. Since then, a new Code of Civil Procedure was adopted by Decree-law No.90 of 16 September 1983 and it contains considerable improvements compared to the last Code. 62. It may be recalled that the Constitutional Council was set up by the Constitutional Act amending article 19 of the Constitution and by Act No. 250 of 14 July 1993. The Council is already in operation and has handed down several decisions. The reality paints a different picture. Comments In the week preceding the Human Rights Committee meeting to review the state report on Lebanon the President of the Constitutional Court, Justice Wajdeh Mallat, resigned. The clipped reasons he gave for his decision were "the intervention in the work of the Constitutional Council." Commenting on the judiciary in Lebanon, the justice said: “I could trust no more than 10 percent of the judges." Articles 15,16 and 17 63. The initial report described Lebanese legislation on the implementation of the principle of the non-retroactivity of criminal law, the recognition of every individual as a person before the law and the protection of privacy. No amendments have been made and no particular problems have arisen in these areas. 64. With regard to article 17, the inviolability of the home is embodied in article 14 of the Constitution, which states: “dwellings shall be inviolable. No one may enter therein except in the circumstances and in the manner prescribed by law." Comments The Constitution is a poor indicator of realities. We have the following to state when it comes to the interference with privacy. The security agencies, particularly the Surete Generale and 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 cellular 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 communique 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. The wife of Samir Geagea, (former commander of the outlawed Lebanese Forces Party), is known to be placed under strict surveillance. An army check-point in the vicinity of her residence takes down the names of all those who call on her. Her goings and comings are also recorded. All those who call on the Maronite Patriarch will have their names registered by an army checkpoint placed at the entrance of the Patriarchal Sce in Bkirke. The officials, citing security as a pretext, justify their measures as necessary precautions 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. Article 18 65. As the initial report stated, article 9 of the Lebanese Constitution reads: "There shall be complete freedom of conscience. While acknowledging the Most High, the State shall respect all creeds and safeguard and protect the free exercise of all forms of worship, on condition that public order is not interfered with. It also guarantees that the personal status and religious interests of the population, to whatever creed they belong, shall be respected." 66. No Lebanese law imposes limits or conditions on the freedom of religion or freedom of worship, either for Lebanese or for foreigners living in Lebanon. 67. However, the Lebanese must belong to one of the religious denominations Lebanon officially recognizes. Since civil marriages do not exist, a Lebanese couple that wishes to marry has to follow the procedure and the ceremony of one of the recognized religious communities. However, a valid civil marriage celebrated abroad is recognized in Lebanon even if both spouses are Lebanese. 68. Cemeteries belong exclusively to recognized religious communities. Comments The Constitution provides for the freedom of religion and this right is respected inasmuch as the concerned religions and denominations are recognized. But what is the legal status of those who find their religious truth outside the list of recognized creeds? There is room for improvement on this score. Many religions, Jehovah's Witnesses and the Bahais for instance, are obliged to circumvent the Lebanese law to enjoy some of their basic rights. Article 19 69. Freedom of expression, as stated in the initial report, is guaranteed by article 13 of the Constitution, which provides that: "Freedom of speech and of writing, freedom of the press, freedom of assembly and freedom of association shall be guaranteed within the limits laid down by law." 70. Paragraph (c) of the new preamble to the Constitution states that the Lebanese republic is based on respect for public freedoms, foremost among which is freedom of opinion and belief. 71. Since the number of television and radio channels increased without the slightest control during the 16 years of armed conflict in Lebanon, the Government has undertaken to reorganize these two media sectors. It intends to grant a reasonable number of operating licenses in order to strike a balance between technical constraints and the requirements of pluralism. Comments The Constitution provides for freedom of the press, but the government partially limits this right in practice. Freedom of the press declined significantly during post Taif-Lebanon as the government prosecuted newspapers, passed a new media law to restrict radio and television broadcasting, and intimidated journalists and broadcasters into practicing self-censorship. The government also imposes direct censorship on satellite broadcasts originating in Lebanon. In March 1997 the Lebanese Broadcasting Corporation International protested against an arbitrary slashing of its satellite news bulletin. 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 normally independent, press content often reflects the opinions of these financial backers. This situation prompted some to say: “ There are no free journals in Lebanon but there are free journalists." The government uses several tools at its disposal to control the freedom of expression. The Surete Generale is authorized to approve all foreign magazines and non-periodical works including plays, books, and films before they are distributed in the market. The law prohibits attacks on the dignity of the head of state or foreign leaders. The government may prosecute offending journalists and publications in the Publication Court, a special court empowered to try such matters. Moreover, 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 Syria. Over the years since 1990, the government severely attacked press freedoms by filing charges against several newspapers. In one 10-day period in 1996, three dailies (ad-Divar, al-Liwa' and Nida'al 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-Divar 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. In September 1996 the government 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 country's many small, sectarian- oriented stations to combine into a much smaller number of pluralist stations. Most civilians, however, view the implementation of the law as political in nature. It would reduce 52 television stations to 4 stations, and approximately 100 radio stations to 11, only 3 of which would be permitted to broadcast news programs. All four television stations approved so far are owned by, or closely associated with, important government figures. Some of the approved stations are not yet operational, while a number of popular stations associated with opposition to the government have been refused licenses, ostensibly for failing to comply with the law. A score of books were banned by the Surete Generale. Some French books on the current situation, especially those which displayed sympathy to General Michel 'Awn, are not allowed to sell in Lebanon. A book in French on the future of Christianity in the Middle East is on the list of banned books. A whole series on Islam, printed in Arabic by Abou Mousa al-Hariri, were confiscated in 1994. An anti-Maronite book by Muhammad Za’ayter 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 Surete Generale confiscated all issues of the book entitled "Remove Paul's Mask from the Face of Christ," by the Saudi Arabian author Ahmad Zaki. The book was determined by the Surete Generale to defame Christianity. This list is far from being exhaustive. It is practically impossible to draw a complete list of the books which are printed abroad and are not allowed to sell in Lebanon. Even the list of books by Lebanese authors which is banned or confiscated is partial as many authors will re-cdit the manuscript in accordance with the suggestions of the official of the Surete Generale. The Interior Ministry's Public Security Department is empowered to censor movies. All movies dealing with Israel are banned. No distinction seems to exist between movies on Israel and those which deal with Jewish themes. “Shindler's 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 September 1996 a public prosecutor charged a singer, 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. The charges against Haddad were dropped by an investigating judge on January 8, 1997. 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 bylaws 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 post Taif-Lebanon these attempts are intensified. 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 is violated by Lebanese officials almost on a daily basis. Religious hatred is not restricted to anti-Semitism but encompasses derogatory statements by many politicians and religious leaders against other communities and individuals. Article 20 72. There are no new legislative provisions and no particular problems to report. However, a deeprooted change in attitudes should be noted: all Lebanese agree that hatred, hostility and violence among them must be rooted out. 73. In external relations, the Government has become involved in the peace process with Israel. Comments Article 22, para. 2 of the International Covenant on Civil and Political Rights is violated by Lebanese officials almost on a daily basis. Religious hatred is not restricted to anti-Semitism but |