Nouveaux Droits de l'Homme -International- ONGI su statut consultatif (Cat II) auprès du CES des Nations Unies حقوق الانسان الجديدة - أنترناسيونال البعثة الى لبنان (صفة استشارية فئة 2 لدى المجلس الاقتصادي الاجتماعي في الامم المتحدة) Fondation des Droits de l'Homme et du Droit Humanitaire -LibanMembre Correspondant: Fédération Internationale des Droits de l'Homme مؤسسة حقوق الانسان والحق الانساني لبنان (عضو) مراسل الفدرالية الدولية لحقوق الانسان) The Foundation for human and humanitarian rights and " Nouveaux droits de l'Homme"-International would like to thank the United nations human rights committee for offering us a chance to file our recommendations following the Committee's meeting on Lebanon in New York on April 7,1997. We appreciate if you take the following recommendations into consideration: That the Lebanese government respects the spirit of the article 4 and resorts to That the judiciary be immune of any interference,,direct or indirect, in its That "torture" be interpreted by the Lebanese government to include That all defendants be allowed the assistance of a lawyer not just before a That the military court, which was set in 1967, be abolished. As a provisional -2 That Lebanon adheres to the Optional protocol II of the ICCPR. In the meantime, a strict observance of article 6 is mandatory. Executing people in a bid to produce political advantages is completely denounced. That a complete review of the laws concerning prisons and, more importantly, the situation inside the prison walls, be reformed in accordance with the accepted international standards. That the freedom of expression be respected. Therefore, all laws, decrees or attempts to restrict these rights be rescinded or suspended. Issuing licenses for radio and TV stations should be decoded by an independent board the decisions of which are free from political pressure and intervention. All censorship (printed matters, films, plays...), whether self-censorship or official one, except in the extreme measures where public morality and safety are concerned, be abolished. That the freedom of conscience be expanded beyond the list of recognized religious denominations. Freedom of conscience should include the freedom of those wishing to adhere to all religious beliefs within the limits of public order and morality. That more sincere efforts be done on the issue of equality between gender. There is a long way to go before women reach the state of equality. That the minimum age for the work of children be raised to 16. Simultaneously, education, whether normal or technical be compulsory. Nouveaux Droits de l'Homme -International- ONGI au statut consultatif (Cat II) auprès du CES des Nations Unies Fondation des Droits de l'Hom et du Droit Humanitaire -Lib Membre Correspondant: Fédération Internationale des Droits de l'H حقوق الانسان الجديدة - أنترناسيونال البعثة الى لبنان سة حقوق الانسان والحق الانساني -لبنان الفدرالية الدولية لحقوق الانسان مراسل (صفة استشارية فتة 2 لدى المجلس الاقتصادي الاجتماعي في الامم المتحدة) AMERICAN LEBANESE COMMITLE Member of the Council of Lebanese American Organizations (CLAO) 2077 National Press Bldg. Washington, DC 20043 Tel: (202) 688-4844 THE STATE OF HUMAN RIGHTS IN LEBANON AN OVERVIEW (April 7, 1997) 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 Lebanon's 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 invaded the last stronghold of opposition to the Taif agreement thereby ending the last obstruction to the application of the Taif reforms. 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 Syria's benefit. The present report shall examine the individual 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. THE STATE OF HUMAN RIGHTS IN LEBANON AN OVERVIEW (April 7, 1997) 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 Lebanon's 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 invaded the last stronghold of opposition to the Taif agreement thereby ending the last obstruction to the application of the Taif reforms. 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 Syria's benefit. The present report shall examine the individual 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 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 rallics in 1996 but made an exception during the parliamentary elections. Various political factions, supportive of the government or of opposition tendencies held rallics 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. A case in point is the following incident extracted from the record for 1996. In February the General Confederation of Labor (CGTL) submitted a request to hold demonstrations on February 29. The government refused to grant permission, and 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. The LAF also imposed a temporary ban on the public display of weapons by those licensed to carry arms. 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 prewar 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 Interior in 1996 to grant a permit to the Lebanese Association for the Democratization of Elections, an independent monitoring group, declaring it nonexistent. Neither Israel nor Syria allows groups openly hostile to them to operate in areas under their control. |