Nationality not Naturalization - The Rights of Lebanese Women to Full Citizenship and to Confer their Nationality to their Children
This table does not specify the period covered by these figures,
whether they are numbers for one, three, five years or more. The
distribution of these figures is not detailed by region, nationality,
denomination and sect of spouses, and the place of the marriage
contract, nor does it address the distribution of these figures
between courtesy residences granted to the husband of the
Lebanese woman and those granted to her children.
The same also applies to the number of the laissez-passer issued
to non-registered Lebanese women “Maktoumi al-Qaid”, as it does
not specify the time period covered by these figures.
Recommendations
their nationality to their children (Strategic Litigation).
•
File a hundred or more lawsuits before the judiciary all over
the Lebanese territory to demand the right of Lebanese
women to pass on their nationality to their children, and to
cooperate with the Bar Association in Beirut and the North
and some lawyers specialized in this field.
•
Partner with some local associations to cooperate in
enforcing some of these activities.
•
Organize appropriate advocacy campaigns at the social
level.
Third: At the institutional level
•
Create an application to document marriages concluded
by Lebanese women abroad, and invite those abroad, in
particular, who have not registered their marriage contracts
at Lebanese embassies to fill in the information as specified
in this application.
•
Establish a data bank in Lebanon to document all information
concerning Lebanese women married to foreigners, their
children, and the non-registered women “Maktoumi al-Qaid”
in addition to the violations against them and their families
and the relevant court rulings. The underlying purpose for
this bank is to utilize it as a source for advocacy campaigns,
to gather information and indicators, and to serve in
developing programmes and identifying needs.
•
Observe trials, especially those concerned with allowing
Lebanese women to pass on their citizenship to their
children.
•
Propose a draft law on the digitization of all data in the
Directorate of Personal Status and the Directorate of
Refugee Affairs of the Ministry of Interior and the digitization
of marriage contracts and birth and death certificates
registered in Lebanese embassies abroad. (This project can
be implemented with funding from the United Nations and/
or the European Union).
•
Run campaigns to approve Lebanese mothers married to
foreigners to pass on their nationalities to their children and
not only focus action on the political level but also invite
the stakeholders to participate in such campaigns and civil
society institutions.
•
Organize panels, meetings and advocacy campaigns to
urge and/or promote trade unions and federations to open
membership to the children and spouses of Lebanese
women who have been married for at least a year to have
equal status with Lebanese citizens pending the amendment
to the Nationality Law by the House of Representatives.
•
Organize advocacy campaigns and meetings to get
the Lebanese Ministry of Health and the National
Social Security Fund to allow children of Lebanese women
married to foreigners to benefit from all health-care
services that are equally available to other Lebanese
citizens.
•
Amend the Social Security Law and adopt laws similar
to Law 128/2010 and enable foreign spouses and children
of Lebanese women to obtain the Social Security Fund
benefits.
At the conclusion of this study, we propose the following
recommendations:
First: At the individual level
•
Adopt a national programme to raise awareness in the
community about the right of married Lebanese women to
pass on their nationality to their children.
•
Provide legal advice either directly or through partner
community-based organizations, which helps to document
legal needs and legal loopholes.
•
Legal representation of Lebanese women married to
foreigners before the judiciary to claim their rights to
pass on their nationality to their children, based on the
Lebanese Nationality Law — where possible — and the Bill
of Human Rights, International Conventions, the National
Action Plan for Security Council Resolution 1325, and the
Lebanese Constitution. This recommendation aims to
create a condition in the judiciary to compel it to exercise
jurisprudence and apply justice and fairness principles.
•
•
Document and use women’s stories in advocacy campaigns,
as well as involve women and their children in these
campaigns.
Organize appropriate advocacy campaigns at the individual
level.
Second: At the social level
•
Hold round tables with judges and law enforcement agencies
and build their capacities on various issues related to the
rights of Lebanese women to confer on their Lebanese
nationality to their children, including international
conventions related to this right, directly and indirectly.
•
Exchange experiences with regional and/or international
judges and encourage Lebanese judges to breach the
Nationality Law and establish a new statutory norm found
on diligence on the right of Lebanese women to confer
their Lebanese nationality to their children, relying on
the principles of justice and fairness, especially since the
customary law and the natural law which is grounded on
justice and fairness are a component of the legal norm.
•
Build the capacity of lawyers to plead and defend Lebanese
women married to foreigners and claim their right to pass on
21