CChapter 3: Comparative analysis of nationality laws
punishment could include imprisonment (article 498
and further in Lebanese Penal Law). If there is a delay
of more than a year after the child’s birth before
registration is sought, this can only be achieved
through a complicated, costly and demanding court
procedure, which is often unsuccessful. Those who
have not succeeded in having their birth registered
are known as maktoum al kayd (unregistered).198
Although Lebanese law does not make acquisition of
nationality by a child conditional upon the registration
of his or her birth, the practice is different. Regardless
of any formal entitlement under Lebanese nationality
law, the maktoum al kayd are not recognised as
Lebanese citizens by the state and discussions on the
resolution of their legal status will often take shape as
a debate on naturalisation. Here, the gap between
nationality law and nationality practice is contributing
to the expansion of statelessness within the country.
In Lebanon then, birth registration and recognition of
nationality are closely entwined and a child who lacks
a birth certificate and is unable to remedy this, can be
left in a position where he or she is not recognised as a
national as a consequence. In general, however, the
lack of birth registration should not be equated with a
198 - See, for instance, F. Rida, Unregistered persons in Lebanon: Thousands
were never born according to official state documents… and they never died,
Al Hayat, 12 August 2007.
151
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