SEEKING NATIONALITY THE JUDICIAL ODYSSEY OF APPLICANTS In reality, Mukhtars charge for every document they issue and the fees are high. Here, the “unforeseen” Some Sunni costs vary from one Mukhtar to Shari’a Courts, if another. the marriage was For example, in the case of two concluded by a large families of 11 members, the Sheikh, issue a new Mukhtar charged 1.200,000LBP “marriage” contract (equivalent to $800) to issue birth before ruling certificates and identification proof of marriage, (Ta’arif) certificates. In other words, the Mukhtar charged around which cost ranges 54,000 Lebanese Liras (around between 100,000 $35) for each document when and 125,000 the total amount should not have Lebanese Liras exceeded $10. ($66-$83). In another case, the Mukhtar charged 350,000 Lebanese Liras ($233) for obtaining from the religious court a court ruling proving kinship including the newest born child when such a procedure does not usually cost more than 50,000 Lebanese Liras ($33). Also, a Mukhtar charged 150,000 Lebanese Liras ($100) for an identification (Ta’arif) certificate valid for one year. In principle, such certificates do not have time limit. Yet, the Mukhtar on purpose limited the validity of the document so that the individuals are obliged to renew every year and as such have to pay the fees for every renewal. In addition, many Mukhtars makes it difficult for stateless persons to obtain documentation unless they pay extra fees. They consider this extra as an “advance” to cover the cost of travel and loss of one working day when the General Security or the court summons them to obtain their testimonies. For example, a Mukhtar asked for 125,000 Lebanese Liras (more than $80) for a birth certificate because “he will be asked by the General Security to testify”. Another Mukhtar asked for 150,000 Lebanese Liras ($100) for a biometric laissez-passer passport for an unregistered individual giving the same excuse. Furthermore, most Mukhtars go beyond their role and responsibilities by acting as middle persons between the individuals and the relevant authorities in matters related to registration of personal status events. They charge large sums of money in exchange for such services. Sometimes, they are the cause of non-registration of the concerned individuals. In one case concerning the registration of children, the Mukhtar took from the parents the original documents to registered their children’s birth in their father’s civil records administratively. Four years later, the parents discovered that the children are not registered and the Mukhtar lost three of original birth certificates. The family had to pay double to obtain new documentation and had to resort to court to register their children. In another case, the Mukhtar charged a naturalized father 12 million Lebanese Liras ($8,000) to file a registration lawsuit for his five children born after his naturalization. The understanding between the father and the Mukhtar that this sum covers all expenses and costs for all the stages from obtaining the necessary documentation, his fees, filing the lawsuits, and the DNA test. However, the lawsuit was suspended as the Mukhtar refused to pay the DNA test fees. Unlawful Religious Courts’ fees To file registration or nationality lawsuits, stateless individuals have to obtain proof of marriage and kinship from the competent religious courts. Here too, the fees and procedures are not unified among courts and “unforeseen costs” is quasi systematically incurred. Some Sunni Shari’a Courts, if the marriage was concluded by a Sheikh, issue a new “marriage” contract before ruling proof of marriage, which cost ranges between 100,000 and 125,000 Lebanese Liras ($66-$83). The ruling of proof of marriage and kinship also varies from court to court. The total cost of the ruling, including instituting the lawsuit, stamps, and issuing the ruling usually ranges between 100,000 and 150,000 Lebanese Liras ($66-$100) for one ruling depending on the court. Some courts demand payment separately for proof of marriage and proof of kinship despite the fact that both are issued in one ruling. Further, the cost of rectifying a Shari’a Court ruling (correcting the date of birth, the name, or adding a child to the ruling proving kinship) is almost equal to the cost of issuing a new ruling. The Christian religious courts usually charge around 300,000 to 350,000 Lebanese Liras ($200-$233), depending on the sect. However, rulings from Christian religious courts are only requested in exceptional cases such as legitimation of affiliation for a child born before the date of marriage. SEEKING NATIONALITY | PART 3 FRONTIERS RIGHTS Burden of the Notary Public fees The cost of the power of attorney issued by the notary public has become a real burden for the stateless population after the issuance of the Amendment of Public Notaries Bylaw in 2017 that doubled the power of attorney fees.65 Before that date, the cost varied from one Notary Public to another and ranged between 70,000 or 80,000 Lebanese Liras ($47-$53). If the procuration involved more than one person, the first signature costed around 80,000 Lebanese Liras and the second signature a symbolic amount not exceeding quarter of the first signature. After the Budget Law of 2017, the rate for each signature became equal. For example, the cost of a power of attorney for an average stateless family of 5 members has become 400,000 Lebanese Liras ($267). Furthermore, the power of attorney must be authenticated at the Bar 74

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