Lebanon: CLDH-ICJ joint webinar on the legal framework and human rights of migrants and refugees

Lebanon: CLDH-ICJ joint webinar on the legal framework and human rights of migrants and refugees

Today, the Lebanese Center for Human Rights (CLDH) and the ICJ held a joint webinar on migrants and refugees in Lebanon. The organizations addressed the situation of migrant workers and refugees including their legal and social status and the violations to which they are exposed.

The ICJ and CLDH called on the Lebanese authorities to adopt and enforce just, fair and effective legal and policy frameworks to address the entry and stay of refugees and migrants in Lebanon, and ensure the protection of their human rights in full compliance with Lebanon’s obligations under international law, particularly their non-refoulement obligations.

The ICJ launched its recent report Unrecognized and Unprotected: The Treatment of Refugees and Migrants in Lebanon, which undertakes an assessment of the Lebanese legal framework governing the treatment of migrants and refugees in the country, including their entry and stay.

The report concludes that the legal and policy gaps, together with the executive’s excessive and unchecked powers in shaping and implementing migration-related policies, have led to serious violations to refugees’ and migrants’ human rights in Lebanon.

The ICJ presented the findings and key recommendations of its report, which included urging the Lebanese government to ensure that no individual is transferred to a country where he or she faces a real risk of persecution or other forms of serious harm, such as torture or other cruel, inhuman or degrading treatment or punishment.

Procedural obstacles preventing migrant workers and refugees from accessing justice, such as lacking residency papers, were examined by CLDH.

The webinar, facilitated by CLDH’s Executive Director Fadel Fakih, commenced with opening remarks from Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme, and Wadih Al-Asmar, President of CLDH. Attendees included civil society, lawyers, and members of the Lebanese Bar association.

Underscoring that Lebanon is obligated to protect the rights of refugees and asylum seekers despite not being a State party to the 1951 Refugee Convention, as these rights are guaranteed by other international conventions ratified by Lebanon including the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT),  Al-Asmar called on the Lebanese State to abandon its repressive security approach towards refugee populations, and to abolish the exploitative Kafala sponsorship system.

Benarbia addressed how normative gaps, together with restrictive provisions of the 1962 Law of Entry and Exit, including those criminalizing “irregular entry,” undermine the right of refugees to an individual examination of their asylum claim, their right to liberty and security of person, and their right to an effective legal remedy for human rights violations.

He pointed out that laws and policies impacting on migrants and refugees should be adopted and implemented by legally constituted civilian authorities, subject to legislative oversight and judicial review.

CLDH members Hasna Abdul Reda and Rabih Keyrouz focused on the obstacles that continue to impede migrant workers and refugees from accessing justice in Lebanon. CLDH Programme Manager, Josiane Noun, presented CLDH’s Legal Aid Programme and support services that the organization has made available to migrant workers and refugees.

Kouakou Adjo Delphine, representing the Alliance of Migrant Domestic Workers in Lebanon, discussed the challenges domestic migrants face in accessing justice for human rights violations.

The conference concluded with an open discussion between panelists and participants where possible solutions to enhance the protection afforded to migrant workers and refugees in Lebanon were discussed.

 

 

Lebanon: ICJ seminar on collection and evaluation of evidence of sexual and gender-based violence

Lebanon: ICJ seminar on collection and evaluation of evidence of sexual and gender-based violence

From 27 to 28 October 2020, the ICJ, in collaboration with the National Commission for Lebanese Women (NCLW), held a seminar on recommended practice with respect to evidentiary standards in the investigation, prosecution and adjudication of sexual and gender-based violence offences in Lebanon.

Consultations held by the ICJ with the Lebanese authorities and with practitioners in July 2019 revealed the need to support and bolster the capacity of criminal justice system actors to effectively investigate, prosecute, adjudicate and sanction SGBV, prompting the ICJ, together with NCLW, to organize the seminar.

The seminar accordingly aimed to address the significant gaps in law and procedure and practical obstacles to ensuring key evidence be identified, collected and assessed in a manner consistent with international standards, including Lebanon’s obligations under international human rights law. It also aimed to provide a platform to connect Lebanese judges, prosecutors, police officers, lawyers, forensic practitioners and international experts, with a view to identifying solutions that will ensure women and girls’ effective access to justice for SGBV in Lebanon, in addition to accountability for, and protection from, SGBV.

The discussions predominantly focused on the international law and standards that apply to the identification, gathering, storing, admissibility, exclusion and evaluation of evidence in SGBV cases and how such standards may be used to fill gaps and strengthen domestic law and practice. Participants also discussed the adverse impact patriarchal and other harmful stereotypes have on investigation, prosecution and adjudication processes.

The seminar commenced with opening remarks from NCLW’s President and the International Commission of Jurists’ Middle East and North Africa Programme Director. Speakers included practitioners from international and domestic courts and tribunals, as well as ICJ staff.

The seminar followed the publication of ICJ guidance and recommendations to criminal justice actors in its report Accountability for Sexual and Gender-Based Violence in Lebanon, published on 22 October 2020.

Informed by international law and standards, the ICJ will now formulate recommendations based on the identification by the seminar’s participants of the reforms needed with respect to the Lebanese framework and practice. These recommendations will be included in the ICJ’s forthcoming publication on evidentiary rules and recommended practices in cases of SGBV in Lebanon, which will be published and disseminated among practitioners in Lebanon.

Lebanon: establish a special, independent mechanism to probe Beirut blast

Lebanon: establish a special, independent mechanism to probe Beirut blast

The ICJ deplores the explosion at Beirut’s port district on 4 August 2020 that caused a large number of fatalities and casualties and calls for the prompt establishment of a special, independent, impartial and transparent mechanism to investigate the devastating blast with a view to ensuring accountability and redress for the victims.

 The shockwave from the blast rippled across Lebanon’s capital, killing at least 157 people and injuring some 5,000 others, according to latest figures. The death toll is expected to rise as emergency services continue to search for dozens of missing persons under the debris of destroyed buildings. The Governor of Beirut estimates that the widespread destruction caused by the explosion has left some 300,000 people without shelter after their homes were rendered uninhabitable.

“Tuesday’s explosion has immeasurably compounded the suffering of a society already reeling from political unrest, prolonged economic mismanagement and a surge in COVID-19 cases,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.

“Given the Lebanese legal system’s politicization and lack of independence and accountability, Lebanon should work with the United Nations to establish a special, independent mechanism to carry out the investigation in line with international law and standards with a view to establishing the facts, making recommendations for appropriate accountability measures, including criminal prosecutions if warranted, and for preventing such a catastrophe from happening again.”

According to international human rights law and standards, and specifically the Minnesota Protocol on the Investigation of Potentially Unlawful Death, the probe into the explosion must be prompt, thorough, independent, impartial and transparent.

While the Lebanese authorities have pledged to conduct a “transparent investigation” into the blast and mete out “severe punishment” to those responsible, given the Lebanese justice system’s systemic flaws and shortcomings, the persistent allegations of corruption, and a long-entrenched culture of impunity and de facto immunity of the country’s political leadership, the ICJ considers that the Lebanese authorities would not be capable of conducting such an investigation in a manner compatible with international human rights law and standards. The organization has extensively documented how improper executive influence and interference have continued to undermine the independence of the Office of the Public Prosecutor and of Lebanon’s judiciary. As a result, allegations of political corruption, chronic mismanagement and systematic abuses of power have not been investigated and have therefore gone unpunished over the years, eventually fuelling the 2019-2020 popular uprising against the government and the political system.

The ICJ has called on the Lebanese authorities to introduce and implement extensive legal and policy reforms to strengthen judicial independence and accountability in the country. None of these reforms have materialized.

“The independent mechanism should have a mandate to establish the truth, provide adequate, effective and prompt redress and reparation to the victims for the harm suffered, including through the award of compensation, and by ensuring that those responsible are held to account,” Benarbia concluded.

The ICJ further calls on the international community to support the establishment of such a mechanism.

The international community should also provide humanitarian aid and facilitate its delivery within the country ensuring that it reaches first the most in need and vulnerable among the population as they struggle to access healthcare, shelter, food and water.

The Lebanese authorities must be transparent and ensure the right of each individual to receive the necessary information on the potential health risks in the aftermath of the explosion, including as result of exposure to toxic fumes. Consistent with their obligations under international human rights law and standards to guarantee the rights to life and health, the Lebanese authorities must also take all necessary measures to prevent people from suffering additional harm.

Thus far, a number of Beirut port officials have been placed under house arrest pending the Lebanese authorities’ investigation into the explosion. With respect to this, the ICJ calls on the authorities to ensure due process and fair trial guarantees to persons deprived of their liberty who may eventually be charged with criminal offences.

 Background information

President Michel Aoun and Prime Minister Hassan Diab have linked the blast to a stockpile of approximately 2,750 tons of ammonium nitrate, which had been stored in a waterfront warehouse at Beirut’s Port district for at least six years. The circumstances surrounding the ignition of the highly combustible material, however, remain unclear.

Furthermore, reports indicate that customs officials overseeing the ammonium nitrate’s storage at the warehouse contacted Lebanese officials, including members of the judiciary, on multiple occasions to alert them to the danger posed by such storage and to seek guidance on how to deal with it, but their repeated calls were ignored.

The explosion strikes Lebanon as it grapples with multiple crises, including the COVID-19 pandemic, and against the backdrop of an ongoing popular protest movement against rampant corruption, dysfunctional institutions and sectarian power structures, in addition to an acute State-induced socio-economic crisis that has eroded living standards and left many destitute and literally hunger-stricken. Successive governments and legislative authorities have consistently failed to effectively address these hardships and institute comprehensive and necessary reforms.

Contact

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41 22 979 38 17; e: said.benarbia(a)icj.org.

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