The Plight of the Rightless: Mapping and Understanding Statelessness in Tripoli-V1.3
Kick-start the regulation process for the more straightforward cases of nonregistered individuals born to a Lebanese father, even if naturalised in 1994.
Non-registration is the lead cause of statelessness in Tripoli. A non-registered stateless is a
person born to a Lebanese father and whose birth has not been registered by neither of their
parents. Results show that two thirds of the stateless people currently living in Tripoli fall into this
category. The majority of Tripoli’s stateless are of obvious Lebanese origin and have been
deprived of their right to belong to a national community.
In principle, these individuals should regularize their cases in a short period of time as the solution
is straightforward. They can file a late birth registration lawsuit and acquire the Lebanese
citizenship once all required documents are available. However, in practice, procedures are slow
and cumbersome with boundless timelines, high costs, and long waiting periods that often
discourage families and push them to resort to fraud and bribery.
These procedures can be reviewed through a draft law that addresses the issues of fees, costs,
deadlines, delays and documentation, creates a special administrative process resolving
statelessness cases without the need to resort to courts and sets up simplified means of proof of
lineage and nationality. This measure should cover stateless sons of fathers naturalised in 1994
which is effective and legally enforceable.
Reinvigorate the efficiency of inter-ministerial coordination by addressing
bureaucratic dysfunctions and introducing enforceable deadlines.
Most stateless families in Tripoli with ongoing lawsuits complain about endless bureaucratic
delays and lack the legal knowledge to accurately describe which stage their lawsuit has reached.
There is a need to conduct an extended investigation into current lawsuits in order to identify the
type of legal and administrative impediments applicants are facing.
In parallel, the Ministry of Interior and the Ministry of Justice can remedy to administrative delays
by introducing internal deadlines for inquiries, communication, and investigation involving the Civil
Status Officer, the General Security, and the Committee of Cases at the Ministry of Justice.
Deadlines can also be set for the enforcement of court decisions by the Directorate of Personal
Status.
A complaint mechanism at the Ministry of Interior can allow stateless persons with pending cases
before the judiciary to report breaches of specified delays and deadlines.
Introduce more lenient documentation requirements for acquiring nationality,
including the introduction of alternative acceptable documents for proof of
nationality.
Birth or marriage certifications and other similar proofs are not always available for stateless
people. It is often this unavailability that rendered them stateless in the first place. A clear list and
admissibility criteria for alternative documents in lieu of such documents can be produced and
promoted. Such criteria (school certificates, medical records, vaccination booklets, Mukhtar
reports, etc.) can then be recognized by the judiciary as potential proof that could contribute to a
case’s success.
Well-articulated credibility indicators for testimonials whenever documents are not available (such
as specificity, efficiency and consistency of information) can also be developed in collaboration
with the Ministry of Interior, the Ministry of Justice and the General Security. All of these items
will help reduce the risk of arbitration in the “power of appreciation” granted to judges while
deciding on sensitive cases such as statelessness.
Empower the stateless and capacitate them to act proactively towards improving
their life situation.
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