Nationality not Naturalization - The Rights of Lebanese Women to Full Citizenship and to Confer their Nationality to their Children
mothers married to foreigners, such as the requirement that a
person be Lebanese for more than ten years, such as the Bar
Association, Veterinary Association, Syndicate of Midwives ----) or
that the person proves they are licensed to practice the profession
in their home country. This is impossible for children who cannot
obtain nationality from their father or whose fathers are stateless
and for many who have only lived and studied in Lebanon.
Because Lebanese children of and spouses married to Lebanese
women are treated as foreigners, they are caught up in broad
Ministry of Labour decisions targeting foreigners. These decisions
include the 2017 Ministry of Labour effort to crack down on
shops and institutions run and operated by non-Lebanese, widely
understood to target Syrians.
“For some work positions, they prefer to have a
Lebanese national, which excludes me,” said Layal.
“I don’t apply for a position that says it prefers a
Lebanese national,”
Nawal, a Lebanese citizen, married to a
Frenchman, said her son Ziad “tried to apply for
jobs after graduating, but they wouldn’t take him
because he’d be an additional
expense to them.”
Here we review the conditions imposed by certain professions for
naturalized persons to work on Lebanese territory for at least five
years under special laws, including:
Pharmacy law: A naturalized pharmacist is required to have had
at least five years’ de facto residence in Lebanon after their
naturalization and prior to applying for a license to practice the
profession.
Practice of legal profession: Article 5 of the Law 8/1970 stipulates that
anyone intending to practice law be Lebanese for at least ten years.
It is necessary to point out here that the Beirut Bar Association
refused to accept the training of a naturalized person under the 1994
Decree for fear of subsequent withdrawal of nationality.60 Moreover,
naturalized applicants for membership in the Bar Association were
required to obtain a paper proving that their Lebanese nationality
was not contested.
Dentistry: Legislative Decree 74 of 9 September 1983 does not allow
a dentist who has nationality from an Arab country from practising
dentistry in Lebanon until five years after acquiring nationality and
proving residency throughout this period without interruption in the
country.
General medicine: The law enforced by Decree 1658 of 17 January
1979 grants a doctor who acquired Lebanese nationality a license
to practise general medicine as soon as they obtain nationality,
provided that the conditions and qualifications required by the
Lebanese doctor are fulfilled. A license to practice medicine is also
granted to a non-Lebanese doctor of Arab States if, among other
conditions, he or she is affiliated with a country that allows the
Lebanese doctor to practice his or her profession. The license shall
also be granted to a non-Lebanese doctor of all nationalities if they
meet the conditions and qualifications required of the Lebanese
doctor and has a nationality of a country that applies reciprocity.
Nursing profession: The Law regulating the Nursing Practice in
Lebanon, promulgated by Decree 1655 of 17 January 1979, stipulates
that no one may practise as a licensed nurse, nurse or assistant
nurse unless they meet several conditions, the first of which is to
be Lebanese.
Concerning the non-Lebanese nurse who is authorized to practice
the profession in his or her country and is sent by an international
body, organization or institution authorized to work in Lebanon,
the practice is within the scope of the task entrusted to him or her.
Besides, a non-Lebanese nurse who is a member of educational
bodies in nursing schools in Lebanon may also practice the nursing
profession in Lebanon under the following two conditions: (1) be
licensed to practice the nursing profession in their country, and (2)
have signed a draft contract of employment with a nursing school in
Lebanon under which they teach full-time nursing and shall not be
entitled to receive an additional wage to their basic salary, on their
own account, for any professional work performed in or outside
the school.61
Non-Lebanese nurses may practice nursing training in Lebanon
provided that they are licensed to practice the profession of nursing
in their countries and pass the colloquium exam conducted by
the Ministry of National Education and Fine Arts. They must sign a
draft contract of employment for a certain period with a hospital
in Lebanon on a full-time basis and are not entitled to receive
additional wages on their own salaries for any professional work
performed inside or outside the school.62
The law regulating nursing practice in Lebanon stipulates that the
proportion of nurses in each teaching school or training hospital
must not exceed 20 per cent.
Engineering profession: Article 3 of the Law of 22 January 1951 on
the practice of engineering stipulates that a naturalized Lebanese
engineer is required to have had at least five years’ de facto
residence in Lebanon without interruption after their naturalization
and prior to their application for occupation.
Organization of State services: (Legislative Decree 13 of 7 January
1953) Article 9 of this Decree stipulates that no one is accepted in a
public office unless several conditions are met, the first of which is
to be Lebanese for at least ten years.
Judiciary: (Legislative Decree 150 of 16 September 1983) Article 61 of
the Judicial Justice Law stipulates that every candidate to participate
in the competition must be Lebanese for more than ten years.
Rules of Procedure for colleges for Primary and Complementary Teachers:
(Decision 233 of 2 May 1962): Article 10 of this system stipulates for
the participation conditions in the competition to enter teachers
’colleges and primary school teachers to be Lebanese for at least
ten years.
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