Causes and effects related to the denial of Lebanese women to confer their nationality to their children Contrary to what is stated in the Lebanese constitution, which guarantees equal rights for citizens, women and men, the Lebanese laws are unfair to women and deny their right to pass on their Lebanese nationality to their children, thereby enshrining the principle of discrimination against women and gender inequality. Not only does the law deny this right to women, but it prevents them from exercising their citizenship as Lebanese on the territory of their homeland. Once married to a non-Lebanese man, her files are quickly attributed to her husband, thus preventing her husband and children from exercising any of the basic rights enshrined in the Universal Declaration of Human Rights. One of the main arguments behind the refusal to allow Lebanese women to confer their nationality to their children is the rejection of permanent settlement (Tawteen) of Palestinians in Lebanon. The granting of Lebanese nationality to persons born to a Lebanese mother married to a Palestinian is often used as a cover for permanent settlement. Public discourse on the rights of women to transfer their nationality witnessed a critical turning point in late 2012-2013. At the meeting of 21 March 2013, the Council of Ministers established a ministerial committee to examine the possibility of amending the last paragraph of Article 4 of Decision 15 of 19 January 1925 (Nationality Law) and submit its report with proposals to the Council of Ministers.57 It is evident from the report prepared by this committee on 14 December 2012 that its primary concern is limited to measuring the effects of abolishing discrimination, not only from the standpoint of permanent settlement of Palestinians but primarily from the point of view of the demographic balance between sects, which could destabilize the balances governing power-sharing in Lebanon with the possible consequence of a breach of the civil peace. In light of its figures, the Committee concluded that Lebanon was not ready for any amendment in this regard, whether with or without any exception, suggesting that some privileges be granted only to those born to Lebanese mothers. At its meeting on 17 January 2013, the Council of Ministers fully endorsed this Committee’s recommendations.58 Depriving a Lebanese woman, married to a foreigner of her right to pass on her nationality to her children, has negative repercussions on her life and her family, especially her children. Hereunder are the most prominent of these effects and consequences as follows: Legal residency The Ministry of Interior and Municipalities issued Decree 4186 of 2010 granting spouses and children of Lebanese women the right to free “courtesy” residency permits, valid for either one or three years, depending on the validity of the passport. This Decree is a positive step, but there are several observations on it: • 14 This residency is indeed provided free of charge. However, it is often costly or complicated to prepare the necessary documents, especially if the marriage has not been duly registered or challenging to obtain some of the required documents to present them in a “courtesy” residency permit application. • Can be reversed at any time by a parallel decision. • Renewal is required every three years, and each time all the documents needed for a courtesy residency permit must be re-produced. • The Lebanese Public Security Directorate is granted discretionary powers to accept or reject the application based on its investigations. In addition, in the case of domestic violence, and in the event of failure to register the children of a Lebanese mother married to a foreigner, or inability to have official and proper documentation that prove her marriage, the mother will find it difficult or even impossible to obtain a courtesy residency for her children. Right to work The children and spouses of Lebanese women need a valid work permit to work legally in Lebanon. In 2011, the Minister of Labour issued Decision No. 122/1, which exempted foreigners who were married to or born to Lebanese women or Lebanese men or those whose parents obtained Lebanese citizenship but were still under 18 years of age from work permit fees and specific documents. They were also exempted from being restricted to occupations reserved for Lebanese.59 However, these decisions can be annulled by a parallel decision, and nothing in the course of this study confirms that this decision is still in force. The Ministry of Labour restricted jobs, professions, occupations and trades to Lebanese citizens only. It is at the discretion of the Minister of Labour to exclude certain foreigners from the provisions of this Decision if they fulfil one of the conditions stipulated in Article 8 of Decree 17561 of 18 September 1964, including “who is of Lebanese origin or born to a Lebanese mother”. On 26 June 2019, Parliament approved the exemption of children of Lebanese mothers married to non-Lebanese and residency holders. However, this law was rejected by the President of the Republic, General Michel Aoun, for compelling reasons, stating that paragraph “c” of the Constitution stipulates that Lebanon is a republic based on equal rights and duties among all citizens and that equal rights among all citizens assume equality among children of Lebanese women so that the right to work and its permission cannot be linked to the acquisition of courtesy residencies, which are essentially under the authority of discretionary administration. He added that the current law addresses part of the problem of the rights of Lebanese children, which requires a comprehensive treatment that is still subject to various approaches, particularly in the Parliament and its competent committees. It must be noted that some unions place additional restrictions on eligibility that are almost impossible for children of Lebanese

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