COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS THE REPORT OF LEBANON
The Committee on the Elimination of Discrimination against Women today considered the combined fourth and fifth periodic report of Lebanon on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Najla Riachi Assaker, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, presenting the report, stated that Lebanon, a country of four million with an area of 10,000 square kilometres, was hosting far more refugees – Syrians and Palestinians – than the whole continent of Europe. The massive displacement had led to serious political and security risks. Despite all those pressing challenges, the Government was doing its best to meet its international obligations and protect and promote, inter alia, the rights of women. Efforts undertaken during the reporting period included contributions by the civil sector, whose role was praiseworthy. The Government was committed to supporting women and promoting their advancement, as well as promoting relevant international treaties, especially the Convention. Progress had been made in data collection on trafficking in women and girls. In 2011, the Penal Code had been amended, so that the mitigation of the penalty in so-called honour crimes had been removed.
In the discussion which followed, Committee Experts acknowledged the very difficult times Lebanon was going through, primarily due to the ongoing conflict in Syria, which had led to an unprecedented influx of refugees, and an ongoing institutional crisis. They expressed serious concern over the lack of an appropriate definition and punishment of marital rape and the inability of Lebanese women to pass on their nationality to their children and foreign husbands. The issues of trafficking in persons, prostitution and the system of “artist visas”, domestic violence, deplorable conditions of migrant domestic workers, and underrepresentation of women in political and decision-making positions were all discussed in depth. Experts also asked questions about inheritance rights, combatting gender stereotypes in school curricula and the media, education of refugee children, access to health care, maternal and child mortality, compulsory HIV/AIDS testing, powers and responsibilities of the National Commission for Women, women’s entrepreneurship and the absence of a civilian personal code.
Ms. Riachi Assaker, in concluding remarks, said the delegation’s presence today was a challenge given the difficulties the country was currently facing. The Lebanese delegation was looking forward to the Committee’s concluding observations. The Experts were thanked for the constructive contributions and for the understanding expressed for the specific situation that Lebanon was in at the moment.
The delegation of Lebanon included representatives of the Presidency of the Council of Ministers, Ministry of the Interior and Municipalities, Ministry of Social Affairs, General Security, Directorate of Central Statistics, National Commission for Women, and the Permanent Mission of Lebanon to the United Nations Office at Geneva.
The Committee will next meet in public at 10 a.m. on Wednesday, 4 November to consider the fifth periodic report of Uzbekistan (CEDAW//C/UZB/5).
Report
The combined fourth and fifth periodic report of Lebanon can be found here: CEDAW/C/LBN/4-5.
Presentation of the Report
NAJLA RIACHI ASSAKER, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, said that Lebanon, a country of four million with an area of 10,000 square kilometres, was hosting far more refugees – Syrians and Palestinians – than the whole continent of Europe. Lebanon was struggling to bear the consequences of the conflicts in the two sisterly countries – Syria and Palestine. The massive displacement had led to serious political and security risks. More than 1.6 million Syrian nationals resided in Lebanon today; more than two thirds of the displaced were women and children. The number of unemployed Lebanese youth had increased as Syrian labourers entered the market. The issue of refugees was one of negative repercussions, but the threat of terrorist operations also presented a serious burden. At the moment, Israel still occupied parts of the Lebanese territory and was violating its territory by air, water and land.
Despite all those pressing challenges, the Government was doing its best to meet its international obligations and protect and promote, inter alia, the rights of women. Efforts undertaken during the reporting period included contributions by civil sector, whose role was recognized in the combined fourth and fifth periodic report. In 2010, provisions of the Labour and Social Security Law had been amended, so that registered Palestinian refugees, men and women alike, benefited from the same conditions of service as Lebanese workers. In 2011, the Penal Code had been amended, so that the mitigation of the penalty in so-called honour crimes had been removed. The National Defence Law had also been amended, so that spouses of those volunteering in the military would benefit from pensions. The maternal leave had also been made equal for all.
Ms. Riachi Assaker informed that women could designate a public attorney to initiate complaints on domestic violence. An investigative judge could issue an order to protect battered women. It was noteworthy that the Penal Code used to exempt husbands from being tried for marital rape, but now husbands could be held accountable for threatening or battering their wives and forcing them to perform their “marital duties”.
The Government was committed to supporting women and promoting their advancement, as well as promoting relevant international treaties, especially the Convention. Progress had been made in data collection on trafficking in women and girls. The presence of women in the judiciary had also significantly increased. With respect to the participation of women in political life, there was, regrettably, no development. Women organizations had failed in forcing women quotas on electoral lists. Efforts were being made to change the Nationality Law and to introduce a civil marriage in Lebanon. There were monumental challenges in that regard, due to the sectarian makeup of the political system. The unemployment rate of women stood at twice the rate of that of men. Women were the core of any society and had to be paid due attention by the authorities.
Questions by Experts
An Expert noted that Lebanon had demonstrated true commitment to women’s rights throughout history. Lebanon was currently facing an economic crisis, as well as security, refugee and institutional challenges. It was clear that it was necessary to increase the involvement of women in the Lebanese society. Lebanon had to undertake deeper reforms when it came to women’s rights, she noted.
Beyond the political commitments that the delegation spoke about, was there a possibility of having a debate and real breakthrough when it came to equality legislation? At the moment, women were still deprived of some rights. How did the State party intend to strengthen the legislative framework when it was so difficult to pass changes?
Speaking of the issue of refugees, the Expert asked whether there existed a particular approach to the protection of women refugees. How was the migrant flux across the borders currently managed?
How was resolution 1325 being applied, as it had a particular focus on women refugees?
Replies by the Delegation
In order to manage the refugee flux, for five years Lebanon had applied an approach of open borders and everyone had been allowed to enter from Syria. Lebanon no longer had the capacity to accept everyone, so nowadays only those in a critical situation were allowed to enter. Lebanon could not support its own population in many areas, such as public health and sanitation. The situation when it came to services was critical. Lebanon was grateful to all the countries which had helped, but Lebanon could not do much more at the moment because it simply had no further means. It was hoped that a political solution to the Syrian conflict would soon be found.
A delegate said that Article 7 of the Constitution provided for the equality of all citizens. That provision did not specifically address discrimination between men and women. The Preamble of the Constitution, from 1990, stressed the respect for international human rights treaties, and was upheld. Various sects and confessions were allowed to regulate their own affairs in the area of personal status. Lebanon could remove its reservations to Articles 9 and 16 of the Convention only if the Constitution was amended.
Lebanon upheld the judiciary, which issued very fair sentences to Lebanese and non-Lebanese alike. Battered women and children had been protected even before the enactment of the Law on Domestic Violence. The provision protecting perpetrators of honour crimes had been removed.
Article 2 of the Convention, just as any provision of instruments to which Lebanon had acceded, superseded any national provisions which could be incompatible with it. They could be invoked by litigants in courts. For penalties, Lebanon relied on the national legislation, namely the Penal Code, which needed a general overhaul.
With regard to the issue of nationality, it was explained that three civil society networks had been putting great pressure on the Lebanese authorities, but the issue was difficult to resolve given the sectarian setup of the country and the huge number of refugees, who might become Lebanese citizens and affect the delicate sectarian balance.
Palestinian refugees were allowed to work in most professions, except for public administration and several other areas prescribed by the law.
Questions by Experts
An Expert asked about the powers and responsibilities of the National Commission for Women. How were its relations with the many actors of the Lebanese civil society? What were the budget and technical resources at its disposal and the current number of staff? Was there a plan to upgrade the Commission to the ministerial level and did it currently have a coordinating power?
What was the mandate of persons working as gender focal points in various Ministries? Did they work full time or part time?
The delegation was asked to provide more details about the 2013 Annual Report of the National Commission for Women.
Another Expert brought up the issue of the draft electoral law, whose provisions seemed to be quite limited: all electoral lists had to include at least one female candidate. Could an update on municipal elections be provided?
More information was sought about the treatment of women with special needs, given that Lebanon had not acceded to the Convention on the Rights of Persons with Disabilities.
The use of special temporary measures in the social sphere could be easy. Quotas for the participation of women in education and other areas could be established, for example.
What were the plans by the authorities to establish a national human rights institute in line with the Paris Principles, another Expert inquired.
Replies by the Delegation
The National Commission for Women was an advisory body which established policies and plans, in cooperation with civil society. Syrian and Palestinian women were also taken into consideration. The Council of Ministers had unanimously approved the National Strategy on Women. Software had been established containing all the indicators from the Strategy and a plan of action. When focal points retired, new training needed to be conducted for the newly appointed ones.
With regard to special measures, a delegate said that all draft laws put forward to parliament included quotas for women, between 20 and 30 per cent. Positive results had been seen in municipal elections, with high numbers of elected women. Several women were now members of the security forces and 42 per cent of judges were women. In the 1980s, the rate of women at the Foreign Ministry had stood at four per cent, while nowadays it was close to 30 per cent.
Measures had been taken to issue residence permits to foreign spouses of Lebanese women, the delegation explained.
The State party had been working on capacity building of the Commission over the previous seven years. As a result, it was an effective supervisory body today. The role of civil society in that regard was much appreciated.
The delegate responded that a text had been prepared on introducing a national human rights commission, but the definitive approval was still pending.
On temporary special measures, the delegation stated that the priority remained to allow women to fulfil decision-making positions in political and public life. That could then widen to other areas. Quotas had been established for hiring persons with disabilities, men and women alike.
Questions by Experts
An Expert asked about combatting gender stereotypes in education and the media, especially the official media.
How could the national mechanism better coordinate relations between the authorities, civil society and religious leaders?
Pursuant to the obligations of Lebanon and following the efforts of civil society, the Law on Domestic Violence had been adopted, an Expert said. Violence against women and girls included domestic violence, marital rape and honour crimes. The State party had to give priority to all-embracing measures and information was sought about all the measures taken in that respect.
In cases of murders of women, the judiciary sometimes seemed slow in passing judgment, the Expert said.
Lebanon was a destination for sex tourists, but the sex industry, while growing, was still a taboo in society. Prostitution was illegal.
The Expert brought up the so-called “artist visa system”. Did Lebanon have a national plan of action on combatting trafficking in women? How did Lebanon protect women who wished to leave the sex industry? Was a budget for that available?
How many cases of trafficking had been brought to courts and how many arrests had taken place, an Expert inquired.
Replies by the Delegation
Training for law enforcement officers on handling domestic violence had been organized, a delegate said. Allocated chambers were in place for women during the process of investigating domestic violence crimes. Such proactive measures had been adopted even before the adoption of the Law on Domestic Violence.
The Ministry of Education was looking into civic education textbooks, in cooperation with civil society. Negative stereotypes in textbooks were being addressed, but an important role was also played by the family. The Government could not have much impact on family upbringing.
Differentiation ought to be made between official and private media outlets; the former did not have high rates of viewership and the State could not limit the freedom of the commercial media.
Marital rape had been incriminated in the Law on Domestic Violence, if the fulfilment of marital rights was achieved through threats, intimidation or physical force. If there was repetition of incidents, the penalty would be aggravated.
On trafficking in persons, the delegation said that the “morality police” would become the police for trafficking in persons. All capacities needed to be dedicated to combatting such crimes. Through a memorandum of understanding with Caritas and the International Organization for Migration, the State provided better protection for the victims of trafficking. The Ministry of Justice had launched a video with the view of raising awareness on trafficking in persons; a number of seminars and lectures were also taking place. A number of agencies dealing with domestic workers had been blacklisted.
A hotline had been established for victims of trafficking and sex workers in night clubs. Women arriving to Lebanon on “artists’ visas” were informed about the possibility to complain. Another delegate added that there had been a legislative evolution regarding prostitution. Any person inciting another person to commit immoral acts would be penalized by imprisonment. There were several task forces which addressed the issues of prostitution, trafficking and violence against women.
School curricula should be subject to consideration whenever the need arose; Lebanese school curricula were not set in stone. Lebanon had realized the importance of civil society, which was reflected in the report under consideration.
Persons filing complaints against trafficking in persons could do so anonymously.
On marital rape, the delegation conceded that there was still a need to amend the relevant law.
Questions by Experts
An Expert noted that no country could escape the question of quotas now. Women’s participation was a part of the democratic process and had to be fully addressed. Training of political parties was needed.
Another Expert noted that Lebanon continued to hold a reservation on Article 9 of the Convention, not allowing Lebanese women to systematically pass on their nationality to their children and spouses. That denied them of fundamental rights and deprived their children of part of benefits. What strategy did the Government have in that regard?
Replies by the Delegation
The delegation reiterated that the number of women in the public administration, including the Foreign Ministry and trade unions, was growing slowly, but steadily. There were nine women general directors in the Ministries; in the most recent election, only a few women had become Members of Parliament. The number of women in the law enforcement agencies was growing. In Lebanon, there were still no quotas, at either national or municipal levels, but the Government was under pressure from civil sector to allow a 30 per cent quota.
The General Security had had a positive experience with hiring qualified women, who now represented 10 per cent of its staff.
On nationality, the delegation said that women’s movements were very active in the area. Several drafts had been prepared on the subject matter, but political and religious leaders were hindering the process. Given the situation of Palestinian refugees, the issue was a very delicate one. A proposal for the Palestinians who had been in Lebanon for more than 10 years to enjoy civil, but not political rights, had been rejected. The status of Palestinians was intertwined with the impossibility of women to pass on their nationality to their children.
Questions by Experts
An Expert noted that gender segregation persisted in vocational and higher education – for example, there were almost no males in tourism, and no women in electronic engineering. What measures had been taken to encourage the diversification of educational choices of girls and boys?
The average rate of illiteracy amongst women was double that of men.
The issue of school dropouts was raised by the same Expert, especially among rural girls.
Were there any training programmes on sensitizing teachers on gender?
Another Expert brought up the issue of migrant women. Why had the proposal to establish a domestic worker union been rejected? There were disturbing reports of one death of domestic workers per week. Were there inquiries in that regard? Did migrant domestic workers have access to justice and psycho-social intervention?
The delegation was asked to provide an update on the draft law on decent work of migrant workers. The practice of confiscation of passports by their employers was wide spread. Did the bill aim to abolish the “kafala” system?
Addressing the issue of health care, an Expert noted that 82 per cent of beds in hospitals were in the private sector. Was there any correlation between the quality of services provided in private and public hospitals? How were the statistics on health compiled?
Recent data showed that only 51 per cent of women had access to health services – the delegation was asked to comment.
What were the main causes of women’s mortality in Lebanon, the Expert asked?
Details were asked about the national reproductive programme. Sexual activity was not always linked to reproduction, which was why sexuality needed to also be covered by health programmes.
How did the State party ensure access to education for refugee children?
Had the Government of Lebanon conducted any inquiries into the deaths of domestic workers, an Expert asked. Were there plans to abolish the “kafala” system? While some countries, such as Ethiopia, had banned their citizens from working in Lebanon, it had not stopped their influx. With which States had Lebanon signed agreements in that regard?
Was there informed consent involved when vulnerable populations were tested for HIV/AIDS? How could prostitutes become subject of the HIV/AIDS public policy if their profession was not legally recognized?
Replies by the Delegation
Answering the questions on education, the delegation said that the current figures from Lebanon were more encouraging that those referred to earlier. Enrolment rates were actually higher for girls than for boys, whereas dropout rates for boys were higher than those for girls. Enrolment rates could reach 100 per cent in the near future if the current approach was sustained. Free and compulsory education existed at the elementary stage until the age of 15, which was at the same time the minimum employment age.
There was a national programme for literacy promotion in place, under the purview of the Ministry of Social Affairs. The number of women who had benefited from those programmes had gone up multiple times between 2004 and 2014.
The National Commission for Women had requested that migrant workers be covered by the Labour Law, but to no avail until now. Temporary measures were undertaken in that respect to secure the rights of migrant labourers. A number of judgments had been passed against employers who had mistreated domestic workers; the mass media had significantly helped to bring attention to that problem. The Council of Ministers had postponed a decision on accession to the International Labour Organization’s convention on decent work for domestic workers (number 189).
The health system had added more than 20 primary health care centres across the country; 68 per cent of those centres were related to civil society. The Ministry of Public Health was working on guidelines on decreasing maternal mortality. National findings indicated that the rates of child, infant and maternal mortality were quite high.
A sexual and reproductive health unit had been established within the Ministry of Public Health. Lebanese law prohibited abortion except in cases when the life of the mother was in grave danger. In its report, the State party had provided statistics on illegal abortions.
Given the staggering number of refugees, most of whom were children, the State was doing its best to ensure that education and health services were provided to them. Refugees were well integrated among the Lebanese people. Primary schools operated on a six-hour basis, in two shifts per day, so that the existing schools could double their capacities and accommodate the refugee children. Refugee children were exempt from registration fees. Dropout rates among the refugee children were higher in the areas close to Syria than in Beirut.
The distinction between professions attractive to males and to females was decreasing over time. Any person was entitled to access any educational programme, and there were no provisions establishing that certain fields were dedicated exclusively to one gender or the other. There were a limited number of opportunities in the Lebanese labour market, which was a factor at play.
The delegation explained that before 1946, labour unions used to be established by mere notification. Currently, and contrary to the directives of the International Labour Organization, labour unions needed to receive the prior approval of the Ministry of Labour. Aliens could not participate in the labour election process, which was also the reason why they could not establish a trade union for domestic migrant workers.
When migrant workers arrived at Beirut Airport, they received manuals in Arabic and English, with a number of hotlines, in case they were subjected to any kind of abuse. Domestic workers were tied by the “kafala” system, which linked them to their employers, and which could not be changed without a public notary. Once a foreigner moved from one employer to another, the new employer needed to register this; the foreigner also needed to notify the General Security of the change of residence. Once a complaint against an employer had been filed, the Embassy of the worker’s country of origin was informed, and the competent judicial authorities investigated the issue.
Lebanon currently had a memorandum of understanding on domestic workers with the Philippines.
The Lebanese Penal Code criminalized harassment in all areas, while a specific law on harassment in work areas and with regard to domestic workers would be drafted.
Those arriving to Lebanon with “artist visas” were considered by the General Security as carrying a high health risk, which was why they were checked upon arrival.
Questions by Experts
An Expert asked for more information on the implementation of the amendments to social policies, which the delegation referred to earlier. Her main concern was of access of women to entrepreneurial activities, bank accounts and services. The report described a series of initiatives on female entrepreneurship, but that field seemed to be primarily left to civil society. There seemed to be informal discrimination against women entrepreneurs. What was the Government doing at the small and micro level?
The conditions of seasonal workers, especially women, in rural areas were raised by another Expert, who asked about their absence from social security schemes. What were the priorities identified vis-à-vis rural women? What actions were being taken to combat stereotypes in rural areas, especially when it came to inheritance?
There was a higher rate of early marriages in rural areas, the Expert noted. That was particularly prevalent among the refugee population.
How could international organizations get involved into helping define a comprehensive strategy on refugee women in the coming years? A specific policy, supported by a funding strategy, was needed in that regard.
Replies by the Delegation
The delegation said that international solidarity was indeed instrumental for Lebanon honouring its commitments to its population and the significant number of refugees. Refugees crossing the Mediterranean no longer found necessary support in refugee camps. Europe and other actors needed to assume their responsibilities and share the burden.
It was explained that men at work covered by social security could receive family benefits for their wives and children, but the same was not the case for working women unless their husbands were unemployed or disabled. It was the father, not the mother, who received family allowances.
Women could benefit from bank loans and micro financing. Women could also ask the National Commission for Women for loans at very preferential rates. A panel of experts was selecting and promoting best institutions which focused on gender issues. Without the approval of the husband, the wife could not be allowed to open a bank account for their child.
Social security law covered different sectors, including the agricultural sector, without any discrimination. However, ever since 1974, social security had started to cover only permanent workers, men and women. It was hoped that it would be expanded to cover new categories of beneficiaries, such as seasonal or temporary workers.
The Ministry of Agriculture had established an observatory which followed the conditions of rural female workers. It had launched numerous initiatives, including a study on the role of rural women.
A delegate said that early marriage had always been a problem, but never at the current scale, due to the influx of refugees. Child marriage could be conducted only after an authorization had been given by religious authorities, Christian or Muslim. Early marriage was thus regulated rather than prohibited; a child judge had to issue an authorization following the approval by the religious authorities.
A whole range of organizations was helping Lebanon deal with the refugee situation. For the past three years, the Lebanese Government had been trying to conduct an action plan, with the view of solving domestic, internal problems. In many cases, local Lebanese communities needed to be helped themselves so that they could help refugees. Several donor conferences had taken place thus far, but the pledges expressed there had been only partially funded. The “Friends of Lebanon” group had also met on a number of occasions. Lebanon was trying to share with the refugees the little that it had.
Questions by Experts
Discrimination against women resulted from religious courts procedures as well, an Expert said. There was a disturbing report which revealed a pattern of gross violations of women’s rights by such religious instances. What was the overview role of the Court of Cassation, the highest court in Lebanon?
There was inequality of women belonging to different sects, especially regarding divorce and custody rights. What about the adoption of an optional civilian personal status law? Could the civil code operate alongside religious norms, and what was preventing the Government from launching that process?
The Expert wanted to know to what degree the Government was reviewing its reservation to Article 16.
It was a matter of serious concern that the minimum age of marriage for different sects could be as low as 9 years. Were there plans to establish a minimum age for all at 18?
Objections to Article 16 were incompatible with the spirit of the Convention, another Expert stressed.
Replies by the Delegation
There had been certain endeavours to propose a civilian personal code, but they had never been successful, primarily due to the objections raised by the religious authorities. Those authorities were not willing to relinquish their rights established in the Constitution. Efforts to conclude civil marriage had also contributed to the overall confusion. No one could provide a definite answer in that respect.
Personal status systems among different communities were quite diverse in nature, the delegation stated. A constitutional amendment would be needed to change that.
With regard to the age of marriage, the delegation said that the starting age was at the start of puberty, and then there was legal capacity – at 18, and the age at which the head of the sect permitted it. All marriage below the age of 18 required the approval of a juvenile judge. The reality in Lebanon was complicated, but it was the reality. Even the French code permitted the marriage of minor girls if approved by the Public Prosecutor, given the existence of motives.
It would be very difficult for Lebanon to lift the reservations to Article 16, but the National Commission for Women would continue to call for that.
Comments by Experts
An Expert urged Lebanon to review the practice of early marriage as well as that on personal status. Marriage was not a transaction or an agreement by parents or guardians, but it should be for young people who had to decide on whether to marry or not.
Another Expert stressed that each country was judged by the Committee on its own merits and Lebanon should not invoke other countries during its review.
Concluding Remarks
NAJLA RIACHI ASSAKER, Ambassador and Permanent Representative of Lebanon to the United Nations Office at Geneva, expressed appreciation for the work of Nahla Haidar, a Lebanese expert on the Committee. The Government was very proud of the work of Ms. Haidar. The delegation’s presence today was a challenge given the difficulties the country was currently facing. The Lebanese delegation was looking forward to the Committee’s concluding observations. The Experts were thanked for the constructive contributions and for the understanding expressed for the specific situation that Lebanon was in at the moment.
For use of the information media; not an official record
CEDAW15/037E