SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
CONCLUSION AND RECOMMENDATIONS
The findings of this study show the struggle the stateless persons endure
in their attempt to end their statelessness in courts throughout the whole
process starting from building their legal file to court proceedings and
execution. The face both subjective and objective obstacles that hinders
them from reaching the solution.
The most important one is the lack of reliable and hard evidence to
prove their right to the Lebanese nationality. The majority of stateless
individuals do not possess the necessary proof of evidence to support
their cases whether related to accurate factual information to possession
of related documents that substantiate their claimed facts, especially if
these factual events date back to distant times as is the case for most
stateless individuals who are descendants of stateless ancestors. One
of the reasons why stateless persons lack such proof is due to their oral
culture and way of living before the creation of state rules and system.
The majority live in rural areas and are illiterate. They did not keep copies
of their documents as they did not know their importance and potential
use in the future; some did not even have any documents originally. As
such this is extremely or quasi-impossible to provide evidence for those
who inherited their statelessness from their ancestors that go back to
around 100 years today. This the case of the majority who are born in
Lebanon but their birth was assisted by unofficial midwives, hence no
birth notification, they cannot prove one main legal condition, i.e., born
in Lebanon. They have to go through a long way to provide witnesses to
give formal statements and hereto face obstacles and difficulties to find
individuals still alive who witnessed the events of birth in Lebanon. This
is further aggravated with the absence of a national population data
information. The lack of proof is reflected in the entire course of the
lawsuit, reaching the final decision, which usually lacks a strong realistic,
or even legal, basis – especially in relation to denying the individual
the nationality – due to the lack of an integrated mechanism to gather
proof and information from various sources by the court, along with the
agencies and authorities assigned with helping it build the case.
However, for registration lawsuit, the DNA tests requested systematically
by the courts today is being used as of proof of evidence of whether
or not the biological filiation exists, regardless of the strength of the
existing evidence and whether or not filiation is contested. Yet, this
method is creating a kind of dual legal system. On the one hand, the
Shari’a Court rulings still constitute a key document required in almost all
registration and nationality lawsuits; on the other hand, their probative
value is invalidated if it contradicts the results of DNA tests. This is clearly
contrary to the system of civil status laws which give religious courts the
authority to decide upon civil status matters knowing that such courts
follow the principle of the presumption of paternity, meaning that any
child born within the framework of marriage is considered to be the
child of the husband unless the latter denies kinship under very specific
conditions and in exclusive cases only.
In addition, the lack of information regarding the legal procedures is
quasi common among laypersons in Lebanon. This is more acute when
it comes to stateless persons who are marginalized and do not benefit
from any support system. Rare are the individuals that know the rights
they are entitled to and how, if any, they can access and obtain them.
There are no official sources of information for the general public as
there is no national mechanisms to disseminate information to the public
and enhance the ability to access information. But contrary to what it
should be, non-specialists give the wrong advice. Due to lack of official
dissemination of information many stateless persons rely on advices
from non-experts who give them inaccurate or incomplete advice that
have negative consequences and results. As such, instead of solving their
situation they fall into more problems and difficulties to redress their
judicial files.
Even if stateless persons decide to build their legal files to submit a
registration or nationality lawsuit, they are hindered to proceed when
they realize the unaffordable relatively high cost of litigation and lawsuits,
starting with the cost of DNA tests to obtaining all the documents
requested by the different authorities, and alongside the expensive
attorney fees, let alone the time they need to dedicate to follow the
long court proceedings that entails absence from work and extra
transportation costs.
All these costs have to be taken in charge by the individuals as there is
no State legal aid system in Lebanon available to these individuals in a
methodical and systematic manner to lessens the chances of reducing
the burden of high costs. The lack of State legal aid system and the
high cost of litigation hinders many stateless persons from ending their
statelessness through the only available legal solution today.
SEEKING NATIONALITY | IN CONCLUSION
FRONTIERS RIGHTS
Judicial Proceedings with Indefinite Time Limits
From the objective factors’ perspective that hinders stateless persons
from submitting registration or nationality lawsuits, especially nationality
lawsuits, as the State is a Party in the lawsuit, is the long indefinite time
limits of the court proceedings amounting to several years in many cases.
The long court proceedings are due to many reasons related to how
the judicial system is functioning today. One of the main reasons is
the way the courts conduct their investigation. They rely heavily on the
security services. Yet, the court notification requests do not specify
the core substantive matter to investigate nor give a specific deadline
to receive the investigation reports. These requests may take months,
and sometimes more. Further, despite the long period to complete the
investigation, the investigations report rarely provide any additional or
new information. as regards the elements presented in the case, and
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