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Lebanon human rights report
Lebanon, Culture, 3/14/2001
A report by the US government on human rights describe the current various conditions in Lebanon. Here are some excerpts from the report.
Lebanon is a parliamentary republic in which, based on the unwritten "National Pact of 1943" the President is a Maronite Christian, the Prime Minister a Sunni Muslim, and the Speaker of the Chamber of Deputies a Shiaa Muslim.
The judiciary is independent in principle; however, it is subject to political pressure.
The security forces committed serious human rights abuses.
The Government's overall human rights record was poor, and serious problems remain, although there were some improvements in a few areas. The right of citizens to change their government remains significantly restricted by the lack of government control over parts of the country, shortcomings in the electoral system, and Syrian influence.
Members of the security forces used excessive force and tortured and abused some detainees. Prison conditions remained poor.
Government abuses also included the arbitrary arrest and detention of persons who opposed government policies. Lengthy pretrial detention and long delays in trials are problems, and the courts are subject to political pressure. International observers reported that trials of former SLA personnel were not free and fair.
The Government infringed on citizens' privacy rights, and continued surveillance of political activities during the year.
The Government partially limited press freedom by continuing to restrict radio and television broadcasting in a discriminatory manner.
The Government continued to restrict freedom of assembly, and imposes some limits on freedom of association.
Torture is not banned specifically by the Constitution, and there continued to be credible reports that security forces abused detainees and, in some instances, used torture. Human rights groups report that torture is a common practice. Violent abuse usually occurs during the preliminary investigations that are conducted at police stations or military installations, where suspects are interrogated in the absence of an attorney. Such abuse occurs despite laws that prevent judges from accepting any confession extracted under duress.
The Government held incommunicado most of the 2,400 SLA personnel who surrendered to authorities following IsraelŐs withdrawal from the south in May . Some former SLA detainees reported that they were abused or tortured. Amnesty International (AI) and other human rights organizations reported that some detainees were beaten, handcuffed, blindfolded, and forced to lie face down on the ground.
Local journalists and human rights organizations had access to certain prisons during the year.
The Government uses arbitrary arrest and detention. The law requires security forces to obtain warrants before making arrests; however, military prosecutors, who are responsible for cases involving the military as well as those involving espionage, treason, weapons possession, and draft evasion, make arrests without warrants. Arresting officers are required to refer a subject to a prosecutor within 24 hours of arrest, but frequently do not do so.
The law requires the authorities to release suspects after 48 hours of arrest if no formal charges are brought against them. Some prosecutors flout this requirement and detain suspects for long periods in pretrial confinement without a court order. The law authorizes judges to remand suspects to incommunicado detention for 10 days with a possible extension for an additional 10 days. Bail is available only to those accused of petty crimes, not to those accused of felonies. Defendants have the right to legal counsel, but there is no state-funded public defender's office. The Bar Association operates an office for those who cannot afford a lawyer, and the court panel on many occasions has asked the Bar Association to appoint lawyers for defendants.
Security forces continued the practice of arbitrary arrest. Security forces detained and interrogated scores of citizens, predominately Christian supporters of exiled General Michel 'Awn, and of the jailed commander of the disbanded Lebanese Forces, Samir Ja'Ja'. These detentions and searches of homes took place without warrants, and detainees claim that they were not given access to lawyers. Most detainees were released after they were forced to sign documents stating that they would abstain from politics.
The judiciary is independent in principle; however, it is subject to political pressure. The Constitution provides for a constitutional council to supervise the constitutionality of laws and stipulates that judges shall be independent in the exercise of their duties; however, influential politicians as well as Syrian and Lebanese intelligence officers sometimes intervene to protect their supporters from prosecution.
While the authorities generally show little interest in controlling the personal lives of citizens, they readily interfere with the privacy of persons regarded as foes of the Government. Laws require that prosecutors obtain warrants before entering houses except when the army is in hot pursuit of armed attackers; however, in practice the law is not respected.
The Government and Syrian intelligence services use informer networks and monitor telephones to gather information on their adversaries. The Army Intelligence Service monitors the movements and activities of members of opposition groups. The Government concedes that telephone calls are monitored by security services, but claims that monitoring occurs only with prior authorization from competent judicial authorities. During September 1999 parliamentary hearings, the Speaker of Parliament, the Minister of Interior, and the Surete Generale Director General publicly acknowledged that government officials frequently monitor citizens' private telephone conversations.
The Constitution provides for freedom of the press; however, the Government partially limits this right in practice, particularly by intimidating journalists and broadcasters into practicing self-censorship. In 1998 the Government rescinded a total ban on satellite news; however, it continues to censor television broadcasts on a case-by-case basis.
The country has a long history of freedom of opinion, speech, and the press. Although there were repeated attempts to restrict these freedoms during the year, daily criticism of government policies and leaders continued. Dozens of newspapers and hundreds of periodicals are published throughout the country, financed by various local and foreign groups. While the press is independent, press content often reflects the opinions of these financial backers. During the year, the Government did not bring charges against any newspaper.
The Constitution provides for freedom of religion, and the Government generally respects this right in practice; however, there are some restrictions. Discrimination based on religion is built into the system of government.
There are no legal barriers to proselytizing.
There is no state religion; however, politics are based on the principle of religious representation, which has been applied to every conceivable aspect of public life.
The unwritten "National Pact" of 1943 stipulates that the President, the Prime Minister, and the Speaker of Parliament be a Maronite Christian, a Sunni Muslim, and a Shi'a Muslim, respectively. The Taif Accord, which ended the country's 15-year civil war in 1990, reaffirmed this arrangement but resulted in increased Muslim representation in Parliament and reduced the power of the Maronite President. The Accord called for the ultimate abolition of political sectarianism in favor of "expertise and competence." However, little substantive progress has been made in this regard. A "Committee for Abolishing Confessionalism," which was called for in the Taif Accord, has not yet been formed. Christians and Muslims are represented equally in the Parliament. Seats in the Parliament and Cabinet, and posts in the civil service, are distributed proportionally among the 18 recognized groups.
Each recognized religious group has its own courts for family law matters, such as marriage, divorce, child custody, and inheritance. State recognition is not a legal requirement for religious worship or practice.
Several local human rights groups operate freely without overt government restriction, including the Lebanese Association for Human Rights, the Foundation for Human and Humanitarian Rights-Lebanon, and the National Association for the Rights of the Disabled.
The Constitution calls for "social justice and equality of duties and rights among all citizens without prejudice or favoritism." Religious discrimination is built into the political system. The law gives preferences to the disabled for employment in government positions. Discrimination based on race, language, or social status is illegal and is not widespread among citizens.
All workers, except government employees, may establish and join unions and have a legal right to strike.
The right of workers to organize and to bargain collectively exists in law and practice.
Forced labor is not prohibited by law. In the absence of a prohibition against it, children , foreign domestic servants, and other foreign workers sometimes are forced to remain in situations amounting to coerced or bonded labor.
The law does not prohibit specifically trafficking in persons; however, the Penal Code stipulates that "any person who deprives another of freedom either by abduction or any other means shall be sentenced to temporary hard labor." (end of excerpts).
It should be noted that Lebanon suffered greatly under Israeli occupation and the government did not have control of regions of the country. Lebanon continues to emerge from the damage of its civil war.
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