FRONTIERS RIGHTS SEEKING NATIONALITY THE JUDICIAL ODYSSEY OF APPLICANTS to unknown parents or a child of a deceased father and a non-working mother. Article 11 and 12 of the Law on Registration of Civil Status Documents, 7/12/1951, Official Gazette issue 50 on 12/12/1951 22 Code of Civil Procedure, decree-law no. 90 of 16/9/1983, official gazette issue 40 of 6/10/1983 23 24 25 Ibid, Article 86, Article 552, and Article 594 Ibid, Articles 36, 38, 40, and 45 Articles 23 and 29 of the Law on Registration of Civil Status Documents which require the wife to have a record that should be added to the marriage certificate and to be transferred to the husband’s record (place of residence according to the text), which is not possible in the case of an unregistered wife. 26 January 14, 2013. Committee of legislation and consultations, consultation No. 1671/1995 dated 23/06/1995 published in the encyclopedia of legislation and consultations for president Choukri Sader, page 1352. 33 The Law on the Protection of Juveniles who violated the laws or who are in danger, Law No. 422 dated 06/06/2002, official gazette issue 34 on 13/06/2002 34 Dr. Sami Abdallah, the Lebanese nationality compared to the Syrian Arab and the French nationality, second edition 2004, page 99. 35 36 Article 13 of Decree No. 8837/1932. The Committee of legislation and consultation, consultation number 836/2011 on 28.12.2011 (unpublished) 37 27 In accordance with jurisprudence consistency in relation to ex post facto of registration judgments, for example. 38 Civil Court of Cassation, Fifth Chamber, Decision No. 17 of 8/2/1996, available on http://legallaw.ul.edu.lb/RulingFile. aspx?RuliID=59096&type=list 39 The Court of Appeal in Beirut, sixth chamber, order 289, dated 25/02/1974, judicial issue 1974 Civil Court of Cassation, Fifth Chamber, Decision No. 82 of 17/6/1997, available on http://legallaw.ul.edu.lb/ RulingFile.aspx?RuliID=56395&type=list Civil Court of Cassation, Fifth Chamber, Decision No.5 of 24/11/1983, available on http://legallaw.ul.edu.lb/ RulingFile.aspx?RuliID=68187&type=list Article 15 of the Law of 9/12/1951 related to Registration of Civil Status Documents 28 Court of First Instance in Mount Lebanon, Decision no.176 dated 14/7/2005. Published in Justice Journal, issue no.2, 2006; Single Judge in Beirut, Decision no.1 dated 1/6/1954, Published in the Lebanese Judicial Bulletin. 1954 29 The administrative registration of a child born out of wedlock under his mother’s record dated 19/9/2016, and with the help of Frontiers Ruwad Association, took more than a year and went through several investigations until it finally reached the Director General of Civil Status who gave his approval on 16/10/2017 for the child’s registration. The child obtained an individual civil status extract for the first time on 20/11/2017 upon the approval thereof. 30 Civil Court of Cassation, Third Chamber, Decision 52 of 29/11/1966, available on http://www.legallaw.ul.edu.lb/ PDF/Jurisprudence/DocumentsBefore2000/Tamiez/2405. pdf 31 Acting General Directorate of Civil Status statement during the Working Group meetings on statelessness on 32 The Court of Appeal in Mount Lebanon, first chamber, order 254, dated 31/07/1974, judicial issue 1974 The civil court of cassation, third chamber, order 23 dated 21/06/1983, available on http://legallaw.ul.edu.lb/ RulingFile.aspx?RuliID=62102&type=list 40 Civil court of appeal, third chamber, order number 22 dated 21/06/1983, available on http://legallaw.ul.edu.lb/ RulingFile.aspx?RuliID=62103&type=list 41 The Committee of Legislation and Consultations, Consultation No. 836/2011 dated 28/12/2011 (unpublished) 42 The peace treaty signed with Turkey in Lausanne on 24/07/1923 (the Treaty of Lausanne), article 30, available on the World War I archive site https://wwi.lib.byu.edu/ index.php/Treaty_of_Lausanne 43 44 The treaty of Lausanne, articles 31 and 32 45 Ottoman Nationality Law, dated 19/1/1869 High commissioner Decision 2825 related to Turkish people residing in the State of Greater Lebanon and Syria, dated 30/08/1924, Official Gazette issue 1804, 30/09/1924 46 Law No. 68 of 04/12/1967 on “Considering the State Represented by the Public Prosecution’s Office in all Nationality Lawsuits”, Official Gazette issue 99 dated 11/12/967. 47 Law No. 28 of 10/02/2017, official gazette issue 8, 16/02/2017 48 Article 13 of Decree No. 88371/932 49 108, 20/07/2000 available on http://legallaw.ul.edu.lb/ RulingFile.aspx?RuliID=56737&type=list For example, civil Court Of Cassation, Third Chamber, Decision No. 22 of 21/6/1983, available on http://legallaw. ul.edu.lb/RulingFile.aspx?RuliID=62103&type=list 50 The Court of Appeal In Beirut, Decision No. 984, 09/07/2009 (unpublished) 51 United States Institute of Peace, Necessary Condition: Access to Justice, available at https://www.usip.org/ guiding-principles-stabilization-and-reconstruction-theweb-version/rule-law/access-justice 52 53 As per Article 601, Code of Civil Procedures 54 Article 21 of decree 8837/1932. Decision No. 68 of 04/12/1967. Official Gazette issue No. 99 dated 11/12/1967. 55 See, for example, the Civil Court of Cassation, Fifth Chamber, Decision No. 78/2003 dated 30/4/2003, available at: http://legallaw.ul.edu.lb/RulingFile. aspx?RuliID=87796&type=list 56 See, for example, the Civil Court of Cassation, Third Chamber, Decision No. 2 dated 10/04/1986 available at: http://legallaw.ul.edu.lb/RulingFile. aspx?RuliID=61870&type=list and the Beirut Civil Court of Appeal, Third Chamber, Decision No. 1449, Original Case No. 424, available at: http://legallaw.ul.edu.lb/RulingFile. aspx?RuliID=74191&type=list 57 Article 17 of Law on Mukhtars and Mukhtar Councils, dated 27/11/1947, Official Gazette Issue No. 49 of 30/12/1947. 63 Decree Specifying the Fees the Mukhtar May Charge for Certificates, Decree No. 12921 of 30/08/1948 amended by Decree No. 2262/1992, Official Gazette No. 11 of 12/3/1992. 64 Table (A), Annex – Public Notaries Fees, Amendment of Public Notaries Bylaw, http://77.42.251.205/ ClarificationsNoteDetails.aspx?id=16817&language=ar 65 Lawyers Code of Ethics, https://www.nl-bar.org/ Article?NID=1107 66 This is the opinion provided by judges in meetings with Frontiers Ruwad in 2017. 67 Human Rights Committee, 21st session (1984), General Comment No. 13, Article 14: Administration of Justice. https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20 Documents/1_Global/INT_CCPR_GEC_4721_A.doc 68 69 Article 4 of the Lebanese Code of Civil Procedures. Decree No. 151 of 16/9/1983, Official Gazette Issue No. 45 of 10/11/1983 70 Decree No. 2879 of 29/12/2009, amendment of Decree No. 2140 of 3/6/2009 (amending the judicial recess), Official Gazette issue No. 1 of 7/1/2010. 71 Lebanese Code of Civil Procedure, Decree-Law No. 90 dated 16/09/1983, Official Gazette issue No. 40 of 06/10/1983. 58 59 Including Somalia and Ethiopia. It is noteworthy that registering the birth of Lebanese children from an unregistered father (Maktoum alQayd) should, in principle, occur administratively if marriage was marked on the record/register of the Lebanese mother, as was the case for years at the Civil Status department. However, such cases are now being referred to the judiciary considering that the Lebanese nationality follows the father’s bloodline and the father is unregistered (according to an expert who was previously an employee at the Civil Status department). 60 Law on Mukhtars and Mukhtar Councils, dated 27/11/1947, Official Gazette, issue of 03/12/1947, Articles 25 and 25 (1). 61 Code of Ethics of the Law Profession: http://bba.org.lb/content/uploads/ Syndicate/141208091442754~ethique%20 professionel-%20arabe.pdf 62 Civil Court of Cassation, Fifth Chamber, Decision No. 100