SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
This is the case of a divorcee woman who remarried
a second time. The second marriage was concluded
by a Muslim Sheik. However, her divorce in the Sharia
court was not executed in her civil records, hence she
is still married. In this situation, her second marriage
could not be validated by the religious court in order to
executed it in her civil records. Her children born from
the second “marriage” became stateless.
In another case, a Muslim Sheik concluded a marriage
of a divorcee woman a week after her divorce from the
first marriage took place. Considering that a divorcee
must wait a certain period before she remarries
(Iddah), the woman’s second marriage could not
be validated in the religious court; hence could not
register her marriage in the civil records and the
children became stateless.
Other wrong advices are related to marriages between
different religions. Considering a Christian man must
convert to Islam if he wants to marry a Muslim woman,
a few Muslim Sheik concludes the marriage based
solely on grounds that the Christian man converted
orally in front of him to Islam. Considering that the
conversion of religion should first be registered in
the man’s civil records before getting married, his
second marriage could not be registered nor register
administratively his children born this marriage.
Costs Beyond Means
The cost of pre and during judicial proceedings is one
of the main reasons that hinders stateless individuals
from seeking to access judicial solutions to end their
statelessness. Sometimes they file the lawsuits but
do not continue in the middle of the proceeding due to
their inability to bear the costs. This is common in both
registration and nationality lawsuits.
The high cost of judicial proceeding is not limited to
the official rates or fees. In reality and practice the
cost and fees are sometimes doubled or tripled beyond
any justification. This is unofficial cost is widespread
horizontally and vertically in the Lebanese society and
commonly known in Lebanon as “bartala” (additional
side fees/bribe) paid for civil servants and local
authorities to submit files or accelerate processes.
Such additional costs are not supported by any
receipts. This is added to the cost of transportation
and absenteeism from work in order to carry out the
different procedures, reviews, follow-ups, sometimes
with the same authority. If a person decides not to
pay these “unofficial” costs, her/the documentation
needed for his file will never be provided, nor the
court’s proceedings will start or continue. Based
on our review of the cases, the average cost of the
lawsuits is US$500 excluding the lawyer’s fees and
the DNA test cost. This figure is higher if the lawsuits
involve a large number of family members and/or a
nationality lawsuit.
The pre-judicial proceedings cost involves building
the judicial file for submission, such obtaining the
necessary documentation from the Mukhtars, a proof
of marriage and kinship from the religious courts,
and original copies of their civil records from the civil
status departments (in case of registration lawsuit).
Sometimes, they have to obtain birth notifications
from the midwives or hospitals. In addition, the private
lawyers’ fees and of the power of attorney are beyond
their means. During the judicial proceedings, the costs
are mainly related to cost of filing the lawsuit, and
the notification of the court’s decision to the different
parties; and in the case of registration lawsuit, there
is the high cost of the DNA tests. The execution of the
courts’ decisions or judgements is an additional cost.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
Unlawful Mukhtars’ fees
The documents required to file a registration or
nationality lawsuit usually include attestations,
certificates, and other related papers issued or
authenticated by the Mukhtar of the place of
residence, the place of birth of the Applicant, the
location in which the parents of the Applicant got
married, or the place of the parents’ registration and
records. Such documents are deemed necessary
either to prove the identity of the Applicant or to put an
end to his/her status as unregistered.
The Law on Mukhtars and Mukhtar Councils63
stipulates clearly the type of documents that should
be issued by Mukhtars, free of charge, and small fees
documents specified by a decree,64 and Decree no.
2262 sets the Mukhtar’s fees for issuing an original
certificate at 500 Lebanese Liras (about 33 cents).
72
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