SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
their personal status events with their
respective embassies.
The only
available
Today, there is no official policy to handle
the issue of statelessness in Lebanon
solution for the
with the aim to prevent it and reduce it.
vast majority
The only available solution for the vast
of stateless
majority of stateless persons to come
persons to
out of the “shadow and humiliation”, is to
come out of
resort to the judiciary through lawsuits
the “shadow
either for late birth registration before
the single civil judge or for the acquisition
humiliation”,
of the nationality before the civil Court of
is to resort to
First Instance.
the judiciary
Naturalization could be used as a solution
through
to end statelessness. In practice, this
lawsuits
solution is most of the time used for
political reasons rather than to end
statelessness. For example, the collective naturalization decree of 1994
naturalized a number of stateless persons but did not include all the
stateless population. Nevertheless, naturalization is not a right but rather
the nationality is granted on discretionary basis.
Purpose of the Study
This study aims, first of all, to analyze the extent to which the recourse to
the judiciary as a sole solution today is easily available to each and every
stateless person who meet the conditions for acquiring the nationality by
law. The analysis focuses on the social and legal profiles of the different
categories of stateless persons and the difficulties and obstacles they
faced in attempting to end their statelessness through resorting to
judicial proceedings. It details the difficult course before and after the
filing of the lawsuits starting with the building of the case, during the
court proceedings, and after the conclusion of the lawsuit. The study also
aims to show the extent to which Lebanese laws are compatible with
relevant international human rights standards.
Methodology of the Study
The study adopts mixed methods – quantitative and qualitative. The study
is mainly based on review and analysis of a sample of 76 lawsuits (45 late
birth registration and 31 nationality) represented before the competent
courts by attorneys assigned by the Ruwad alHoukouk between 2014 and
2018 and of 88 judicial decisions issued by the two Court of Cassation
personal status and nationality chambers between 2014 and 2017.
Further, the analysis included the review of randomly selected from the
3142 individual stateless followed by the Association. The presentation
of actual problems, especially those related to non-judicial costs, is
based on the testimonies and statements retrieved from these cases.
The analysis of the 88 Cassation court decision aimed to show the
jurisprudence trends related to late birth registration and acquisition of
the nationality lawsuits. However, the majority of these decisions turned
out to be related to the naturalization decree of 1994. The analysis of
these will be used in a separate publication related to the Naturalization
Decree No. 5247/1994.
By the time of writing this study, the majority of the court proceeding of
these lawsuits are either at their final stages awaiting court decisions
and/or obtained decision and some of them are being in the execution
process and some have been executed and the claimants obtained the
Lebanese nationality.
The draft report of the study was discussed with focus experts group
composed of attorneys, state attorneys, academics, the Working Group on
Statelessness representative9. This process aimed to obtain feedback and
validate the analysis and findings before publication.
The study is divided into three parts. Part I describes the causes and
profiles of the stateless population in Lebanon, the available legal
solutions to end their statelessness. Part II focuses on the analysis of the
court proceedings, and Part III describes the obstacles stateless persons
encounter at all levels in their plight to end their statelessness. The study
ends with conclusion and recommendations.
SEEKING NATIONALITY | INTRODUCTION
FRONTIERS RIGHTS
Main Findings of the Study
The study concludes that stateless individuals in Lebanon face a number
of obstacles at different levels, whether legal, procedural, or practical
that limit their ability to take practical steps towards putting an end
to their statelessness through the judiciary. These obstacles stretch
from the preparation and building the legal file to filing the lawsuit and
continue all throughout the stages of the court proceedings up until
the adjudication and the execution. The present study concludes that in
theory access to justice is available to stateless persons to put an end of
their statelessness but in practice it is a kind of deadlock.
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