SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
hence be able to register his children administratively.60
In addition, some people do not even know that they
can file a lawsuit to register their children, nor where
such a petition can be submitted, and they are also
unaware that such a lawsuit can be filed without the
need to be legally represented by an attorney and
avoid the fear of having to pay lawyers high fees. The
same applies to those who can acquire the nationality
through filing a nationality lawsuit based on jus soli
grounds if they meet the legal conditions. Plus, the
vast majority of persons might not know the actual
costs of registration and nationality lawsuits’ fees
and think that they are very expensive, a matter which
might discourage them from filing such lawsuits.
Wrong Advices
In another case, the Mukhtar was asked by the parent to complete the
registration of their child with the administration. Yet, he delayed to do so
within the one-year period awaiting the religious court proof of marriage,
and consequently, the child became stateless. Further, this obliges the
parents to resort to court and bearing the long proceedings and extra cost.
there are a number
of Mukhtars
who seem to be
unaware of the
laws in force as
they provide
wrong advice or
carry out wrong
procedures
impeding the
person concerned
from reaching
the appropriate
solution
To fill the gap of the lack of civic education and
availability of official information, Lebanese people
heavily rely on hearsay when they need to be informed
about a legal matter which generally if followed turns to have negative
consequences. The findings of this study show that many stateless
persons, particularly parents of unregistered children, were either unaware
of the laws and regulation. When resorting to other unofficial sources, often
they obtain wrong or inaccurate or incomplete information or advise about
the procedures that ended in their children stateless.
Wrong Advice Provided by Mukhtars
One of the roles of Mukhtars61 is regulating the relation between the
individuals and the state and are key actors in civil status procedures, and
a source of information about the laws and regulations. In reality, there
are a number of Mukhtars who seem to be unaware of the laws in force
as they provide wrong advice or carry out wrong procedures impeding the
person concerned from reaching the appropriate solution or delaying and
complicating the procedures.
For example, in one case, the Mukhtar advised a father of eight children
to file a nationality lawsuit based on proof of kinship mentioning only six
children, assuring the father that the remaining children will be easier
to obtain another civil ruling to register her later, ignoring the fact of the
double action, cost and time consuming.
Wrong Advice Provided by Attorneys
In a number of cases, lawyers, contrary to Articles 9 and 10 of the Code
of Ethics of the Law Profession,62 provided their clients with wrong or
inaccurate advice. In one case related to execution of the naturalization
decree by a stateless person, the lawyer advised his client not to execute
the decree and wait until another naturalization decree is issued. Hence,
the client lost the opportunity to end his statelessness and his children,
born after the issuance of the decree remained without registration when
if the decree was executed, his children would not be stateless too.
In another case of a naturalized Syrian man who wanted to register his
marriage conducted in Syria after the execution of the naturalization
decree, the lawyer advised him to file a lawsuit to rectify his marital
status rather than advising him to obtain a Shari’a Court ruling validating
his marriage and then executing the registration of his marriage
administratively. The lawsuit lasted more than 4 years and during that
period, his newborn child was stateless.
In another registration lawsuit, the lawyer advised his client to include the
cousin as his child to acquire with his children the Lebanese nationality
knowing that the DNA test shall reveal the truth. As a matter of fact, when
the court requested the DNA test result came out showing non-matching,
the lawsuit was suspended and the client’s child lost his chance to
acquire the Lebanese nationality.
In a different case involving a child born to a Lebanese mother and a father
whose nationality is “under-study”, the lawyer advised the father to register
the child as an “illegitimate child” in the mother’s civil records, ignoring
the fact that the child is legitimate and the documents show a marriage
contract and prove of marriage and kinship ruled by the Shari’a Court.
In another registration example, the lawyer informed the parents that the
DNA test shall cost them $1,800 when in fact it cost $600. The high cost of
the DNA test discouraged the parents from filing the registration lawsuit.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
Wrong Advice by Religious Persons
In many situations, individuals turn to the Muslim Sheiks to obtain advice
in civil status events matters that are sometimes wrong or inaccurate. For
example, a Ja’afari court told a Lebanese man married to an unregistered
woman that they cannot validate his marriage when there are no legal
barriers to validate such marriages.
Some Muslim Sheiks, moreover, conduct marriages disregarding whether
or not all conditions are met. This leads either complicate and delay the
validation of the marriage in religious courts later or not being validated
at all making it impossible to register the marriage and the registration of
the children born within this marriage.
70
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