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 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 authoritics moved to prohibit the return of Palestinians living abroad unless they obtain an entry visa. Palestinians were unfairly stranded for some time until a solution was worked out. Many The government secks 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 See 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 encompasses derogatory statements by many politicians and religious leaders against other communities and individuals. Article 21 74. With regard to what was stated in connection with article 4, the Government has temporarily prohibited demonstrations and gatherings in order to prevent a return to the anarchy and armed conflicts which caused hundreds of thousands of victims, weakened the State and jeopardized national unity and with a view to the legislative elections in October. Addressed in a previous commentary. Comments Article 22 75. In accordance with the Lebanese law, associations may be established freely and made public simply by means of a statement deposited with the Ministry of the Interior or any other ministry concerned (National Education, etc.) and indicating the goals of the association, the names and addresses of its founders and a copy of its statutes. A receipt is issued for the statement and is published in the official Gazette. The establishment of an association and its acquisition of legal personality are therefore not subject to prior authorization. At present, however, and in view of the current situation, as referred to in this report in connection with articles 4 and 21, such receipts are not always issued automatically. Article 15 of the Public Officials Statute (Decree-Law No.112 of 12 June 1959), prohibits public officials from forming trade unions, striking or making collective demands. Comments Although the Constitution provides for freedom of assembly the government restricts this right. Any group wishing to organize a rally must obtain the prior approval of the Interior Ministry, which does not render decisions uniformly. The government banned all rallies in 1996 but made an exception during the parliamentary elections. Various political factions, supportive of the government or of opposition tendencies held rallies without obtaining government permission. These recent developments mark a 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 labor unions, in particular, encountered throughout the past years difficulties to obtain permission to exercise their constitutional right to demonstrate. 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 government suspected the Lebanese Forces Party to be behind the terrorist act and decreed its dissolution. 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. In the latter part of 1996, the minister of interior disclosed 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 all parties must provide the ministry of interior with a register of all 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 makes a privilege out of this right. A case in point is the refusal of the Ministry of |