SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
they do not include any parties, authorities, or individuals who might
possess data and information with historical or social value as to
benefit the case. This also applies to investigations requested by the
state while it is preparing its counter argument in nationality lawsuits
because, in most of the cases, these investigations do not yield any
new information. Furthermore, the Committee of Cases often claims
that the investigations have no reliable probative value, especially if
the investigations do not serve the interests of the state. However,
in nationality lawsuits, courts conduct investigations by themselves
although they are usually not extensive.
Another reason for the long unreasonable court proceedings is related
to the State attitude in delaying receiving courts’ notifications and
submitting its counter arguments. The State using its power manipulates
the notification procedures, in violation of legal principle of fair trials,
in order to give itself more time to present its counter arguments. This
leads to delaying all processes, such as interlocutory decisions, hearings,
investigations, and others, to indefinite time limits.
Futile Responses and Counter arguments
Another objective factor is related to the court proceedings with regard to
the substance of the lawsuits, particularly in nationality lawsuits. In many
cases the State’s attorney counter arguments are void of substantive
legal grounds, or they do not relate to the facts. This indicates that the
State treats these lawsuits lightly and seems to aim only to systematically
refuse the requests regardless if they are eligible or not.
In Conclusion, stateless persons today have one available solution to
end their statelessness - the legal solution. Yet, this solution is available
in legal books but in practice it is a tedious and hardship solution. The
scope of the obstacles and difficulties makes stretching from lack of
information about the judicial proceedings and procedures; the lack
of proof evidence to support their claim due to lack of the necessary
adequate documentation; the lack of financial means to bear the cost
of lawyers and court proceedings and particularly the cost of DNA tests;
the long delays of court proceedings and the different interpretations of
laws by different courts makes it quasi-impossible and/or very difficult
for the Applicants to obtain a fair court ruling, which demoralize the
Applicants and force them to lose faith that they have the opportunity to
end their statelessness through the courts. Therefore, in addition to the
need to address the issues related to the courts proceedings to ensure
fair and just trials, it becomes obvious that although the judicial solution
is available to the individuals, it is clear that this solution is not enough as
it requires that the Lebanese authorities develop a comprehensive legal
framework that tackles the phenomenon from all legal, social, and economic
angles with the aim to prevent and eradicate statelessness in Lebanon.
Therefore, there is an urgent need for the Lebanese State to put the issue
of statelessness as a priority on its political agenda, and that, as a first
step to set a clear policy to shift the focus from the judiciary towards
prevention and protection from statelessness
We therefore recommend the Lebanese government to:
1) Develop a legal protection system that include stateless identification
and determination System to identify the profile and volume of stateless
persons and provide them with documents that prove their identity and
give them as minimum right of legal personality and identity. This shall
allow the Lebanese government to identify the stateless persons and
develop necessary policies and comprehensive solutions.
2) Enact a comprehensive, unified, modern, and automated system for
the registration of civil status events that ensures the incorporation of all
events for all regardless of nationality or legal status.
3) Develop State Legal aid system available to all marginalized and
vulnerable populations. The system should cover all legal proceedings such
as DNA tests requested by the judges, Sharia prove of marriage and kinship;
4) Establish legal aid advisory bureaus in all regions to advise individuals
on laws and procedures related to matters that concern them.
SEEKING NATIONALITY | IN CONCLUSION
FRONTIERS RIGHTS
In the immediate future, the Lebanese government should:
5) Issue a law suspending the birth registration legal delays giving a
two-year grace period for individuals who neglected to register on time to
regularize administratively their late birth registration.
• Ensure that the judiciary respect and implement the fair trial principles,
particularly the respect for the legal delays for acknowledging case
submission for their reviews and delays to send their replies.
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