The Plight of the Rightless: Mapping and Understanding Statelessness in Tripoli-V1.3
Misperception about the current status of the 1994 Naturalisation Decree
Today, there is a major misconception around the effectiveness and validity of the 1994
naturalisation decree following the controversy around it. The decree is not suspended or
pending, but effective and enforceable.
In fact, the Decision 484 rendered by the State Council in 2003 in the case brought by the Maronite
League (1) did not suspend the implementation of the 1994 Naturalisation Decree, and (2)
requested from the Ministry of Interior to conduct further investigations around the lawfulness and
right of those naturalised by the 1994 Naturalisation Decree to benefit from its stipulations. That
being said, a decision was rendered by the Ministry of Interior in 2011 resolving the issue since
approximately 200 individuals had their nationalities withdrawn.
In legal terms, no further steps can be undertaken since Decision 484 was not appealed during
the legal delay stipulated by law. Moreover, the decision rendered by the Ministry of Interior in
2011 to withdraw nationalities was limited to a number of persons while other cases benefiting
from the Naturalisation Decree and were not legally challenged. Therefore, the 1994
Naturalisation Decree remains fully effective, is apt for implementation, and Decision 484 is
irreversible, final and binding.
As supporting evidence to these statements, the Court of Cassation rendered lately Decision no.
13 dated 27-2-2014 granting nationality to minor children of a father naturalised in 1994, which
confirmed the validity of the Naturalisation Decree and the clear legal effects of Decision 484.
Profiles and Scale
In the Lebanese laws, the word stateless is not properly defined. People considered under this
category are referred to, in Lebanese legal texts and judicial decisions, by non-registered,
Maktoum Al Qayd and under-study. The first mention of the word Maktoum Al Qayd is found in
the Lebanese Law No 68/1967.24 The term “stateless person” or “ ”عديم الجنسيةin Arabic, appears
for the first time in Articles 19 and 23 of the Lebanese Penal Code in 1943.25 These articles,
without defining the category of stateless people, apply Lebanese Laws to all crimes conducted
by stateless people residing in Lebanon. Moreover, Lebanese laws only stipulate the obligations
of stateless persons without any mention of their rights and guarantees, knowing that the 1954
Convention considers some of these rights inherent to human beings.
In this report, the same international definition of the term “stateless” as stipulated in the 1954 UN
Convention will be used. We include in this category three sub-categories: non-registered,
Maktoum Al Qayd and Under-study. The figure below describes the full terminology.
Wadih Rahhal, Al Kawa’ed Al ‘Amma Lil Ahwal Al Shakhsiyya part 1 (2006), p.401.
The Government of Lebanon, The Ministry of Justice, Kanoun Al Oukoubat, Marsum Ishtira’i Rakem
340, 1943, Beirut. http://www.madcour.com/LawsDocuments/LDOC-1-634454580357137050.pdf.
(Accessed March 01, 2019).
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25
23