FRONTIERS RIGHTS
SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
of the General Security is reducing the cost of the regularization for
humanitarian reasons, if the applicant submits a plea requesting the
reduction of the penalty, is providing “post marriage” prior approval
for the marriage to facilitate the completion of the proof of marriage
before the religious courts and later with the civil administration.
Stateless children born to non-Lebanese parents
A number of children born in Lebanon to foreign parents whose
marriage is not registered with their country-of-origin authorities
either because they have broken all ties with their country, or from
evading the enlistment of their children in military service.17
¬ There are also stateless children born out of temporary cohabitation/
marriages that resulted with the birth of a child and the man abandons
the woman and children without registering the marriage or the births
of his children in his country.
¬ There are also certain cases of stateless children born to foreign
parents resulting from the failure to register them in the Register of
Foreigners due to their parents’ illegal residency in Lebanon – these
include female domestic workers and foreign fathers. This ultimately
leads to their inability to acquire the nationality of their country-oforigin, in accordance with the provisions of the Private International
Law that requires registering a birth in the country where it occurred
and report it to the competent foreign authorities, as a first step
towards granting the newborn the nationality of his country.
What is of great concern is the category of foreign women – mainly
female domestic workers – who have unregistered marriages and/or
unregistered children in Lebanon. These women are deported as a result
of their illegal residency, which leads to complications and negatively
affects the process of registering the children left behind in Lebanon.
marriages. The court’s decision is binding
on the administration to execute it. The
gender discrimination is obvious here.
In Lebanon
Considering that today only the Lebanese
“Maktoumi
male gives his Lebanese nationality to his
alQayd” are
children, such marriages can be registered
children born
by court order, a Lebanese woman married
to a stateless man cannot register
to Lebanese
her marriage neither administratively
registered
nor through the judiciary. The pseudo
parents or
argument given by the officials is that the
grandparents
State fears that the court confirmation
but their birth
of her marriage to a stateless person
or the birth of
her children may acquire the Lebanese
nationality on jus soli grounds.
their fathers is
not registered.
¬ Many stateless children were minors
when their parents were naturalized as
single persons while they were married.
¬ Some stateless children are born out of wedlock to a Lebanese
parent. Many parents do not know that they can register automatically
the birth of their new born child with the Administration on the
condition that one parent acknowledges affiliation. Further, some
parents are aware but refuse to acknowledge the new born child from
fear of social “scandal” and from being out-casted from their family.
¬ Children can also become stateless when born out of unregistered
marriage between a Muslim Lebanese man and a foreign woman
living in Lebanon without legal residency permits.13 To register such
marriages with the civil administration legal residency14 and a prior
approval of the Directorate General of the General Security to marry
a foreign woman are prerequisites.15 In practice, the prior approval
of the General Security is being applied unlawfully to Christian men
married to foreign women. While these rules and regulations are
known to the religious authorities, Muslim sheikhs are concluding
such marriages with complete disregard to these rules. As such, the
concerned persons find themselves in more complex and complicated
path to later validate and register their marriages, and the birth
of their children thereafter, among them, is the wife’s high and
unaffordable residency regularization penalty, especially if the wife has
been residing illegally for many years.16 Today, the Directorate General
SEEKING NATIONALITY | PART 1
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