SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
In reality, Mukhtars charge for every
document they issue and the fees
are high. Here, the “unforeseen”
Some Sunni
costs vary from one Mukhtar to
Shari’a Courts, if
another.
the marriage was
For example, in the case of two
concluded by a
large families of 11 members, the
Sheikh, issue a new
Mukhtar charged 1.200,000LBP
“marriage” contract
(equivalent to $800) to issue birth
before ruling
certificates and identification
proof of marriage,
(Ta’arif) certificates. In other
words, the Mukhtar charged around
which cost ranges
54,000 Lebanese Liras (around
between 100,000
$35) for each document when
and 125,000
the total amount should not have
Lebanese Liras
exceeded $10.
($66-$83).
In another case, the Mukhtar
charged 350,000 Lebanese Liras
($233) for obtaining from the
religious court a court ruling proving kinship including the newest born
child when such a procedure does not usually cost more than 50,000
Lebanese Liras ($33).
Also, a Mukhtar charged 150,000 Lebanese Liras ($100) for an
identification (Ta’arif) certificate valid for one year. In principle, such
certificates do not have time limit. Yet, the Mukhtar on purpose limited
the validity of the document so that the individuals are obliged to renew
every year and as such have to pay the fees for every renewal.
In addition, many Mukhtars makes it difficult for stateless persons to
obtain documentation unless they pay extra fees. They consider this extra
as an “advance” to cover the cost of travel and loss of one working day
when the General Security or the court summons them to obtain their
testimonies. For example, a Mukhtar asked for 125,000 Lebanese Liras
(more than $80) for a birth certificate because “he will be asked by the
General Security to testify”. Another Mukhtar asked for 150,000 Lebanese
Liras ($100) for a biometric laissez-passer passport for an unregistered
individual giving the same excuse.
Furthermore, most Mukhtars go beyond their role and responsibilities
by acting as middle persons between the individuals and the relevant
authorities in matters related to registration of personal status events. They
charge large sums of money in exchange for such services. Sometimes,
they are the cause of non-registration of the concerned individuals.
In one case concerning the registration of children, the Mukhtar took from
the parents the original documents to registered their children’s birth in
their father’s civil records administratively. Four years later, the parents
discovered that the children are not registered and the Mukhtar lost three
of original birth certificates. The family had to pay double to obtain new
documentation and had to resort to court to register their children.
In another case, the Mukhtar charged a naturalized father 12 million
Lebanese Liras ($8,000) to file a registration lawsuit for his five children
born after his naturalization. The understanding between the father and
the Mukhtar that this sum covers all expenses and costs for all the stages
from obtaining the necessary documentation, his fees, filing the lawsuits,
and the DNA test. However, the lawsuit was suspended as the Mukhtar
refused to pay the DNA test fees.
Unlawful Religious Courts’ fees
To file registration or nationality lawsuits, stateless individuals have to
obtain proof of marriage and kinship from the competent religious courts.
Here too, the fees and procedures are not unified among courts and
“unforeseen costs” is quasi systematically incurred. Some Sunni Shari’a
Courts, if the marriage was concluded by a Sheikh, issue a new “marriage”
contract before ruling proof of marriage, which cost ranges between
100,000 and 125,000 Lebanese Liras ($66-$83). The ruling of proof of
marriage and kinship also varies from court to court. The total cost of the
ruling, including instituting the lawsuit, stamps, and issuing the ruling
usually ranges between 100,000 and 150,000 Lebanese Liras ($66-$100)
for one ruling depending on the court. Some courts demand payment
separately for proof of marriage and proof of kinship despite the fact
that both are issued in one ruling. Further, the cost of rectifying a Shari’a
Court ruling (correcting the date of birth, the name, or adding a child to
the ruling proving kinship) is almost equal to the cost of issuing a new ruling.
The Christian religious courts usually charge around 300,000 to 350,000
Lebanese Liras ($200-$233), depending on the sect. However, rulings from
Christian religious courts are only requested in exceptional cases such as
legitimation of affiliation for a child born before the date of marriage.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
Burden of the Notary Public fees
The cost of the power of attorney issued by the notary public has become
a real burden for the stateless population after the issuance of the
Amendment of Public Notaries Bylaw in 2017 that doubled the power
of attorney fees.65 Before that date, the cost varied from one Notary
Public to another and ranged between 70,000 or 80,000 Lebanese Liras
($47-$53). If the procuration involved more than one person, the first
signature costed around 80,000 Lebanese Liras and the second signature
a symbolic amount not exceeding quarter of the first signature. After
the Budget Law of 2017, the rate for each signature became equal. For
example, the cost of a power of attorney for an average stateless family of
5 members has become 400,000 Lebanese Liras ($267).
Furthermore, the power of attorney must be authenticated at the Bar
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