National Action Plan for Human Rights in Lebanon

Copyright © 2013 All rights reserved. No part of this publication may be reproduced, stored in retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the United Nations Development Programme. The analyses and policy recommendations in this report do not necessarily reflect the views of the United Nations Development Programme-Technical Support to the Lebanese Parliament. حقوق الطبع © 2013 جميع حقوق �لطبع حمفوظة. وﻻ يجوز ��شتن�ش�خ ّ�أي جزء من هذ� �ملن�شور �أو تخزينه يف نظ�م �إ�شرتج�ع �أو نقله ب�أي �شكل �أو ب�أية و�شيلة، �إلكرتونية ك�نت �أو �آلية، �أو ب�لن�شخ �ل�شوئي �أو ب�لت�شجيل، �أو ب�أية و�شيلة �أخرى، بدون �حل�شول على �إذن م�شبق من برن�مج �ﻻأمم �ملتحدة �ﻻإمن�ئي. ّ�إن �لتحليﻻت و�لتو�شي�ت ب�ش�أن �ل�شي��ش�ت �لو�ردة يف هذ� �لتقرير، ﻻ ّتعب ب�ل�شرورة عن �آر�ء برن�مج �ﻻأمم �ملتحدة �ﻻإمن�ئي- م�شروع تقدمي �لدعم �لتقني ملجل�س �لنو�ب �للبن�ين. Contents Foreword 5 Executive Summary 6 Chapter (1): General Framework 20 I. Methodology and Executive Measures for Follow Up and Implementation 20 II. Issues and general executive measures 25 General Executive Measures 32 Chapter (2): Sectoral Themes 33 1. The independence of the judiciary 33 2. The principles of investigation and detention 39 3. Torture and inhuman treatment 42 4. Forced disappearance 47 5. Prisons and detention facilities 51 6. Death penalty 61 7. Freedom of expression, opinion and the media 65 8. The freedom of association 69 9. Protection from interference with the right to privacy and prohibition of wiretapping 74 10. The right to work and social security 79 11. The right to health 84 12. The right to education 87 13. The right to housing 94 14. The Right to culture 100 15. The right to a healthy environment 105 16. Women’s rights 112 17. Children’s rights 117 18. The rights of persons with disabilities 123 19. The rights of migrant workers 130 20. The social and economic rights of non-Palestinian refugees 135 21. The social and economic rights of Palestinian refugees 139 Annexes 149 Annex 1: Experts assigned to prepare the sectoral studies 149 Annex 2: Status of ratifications and submission of reports May 2011 150 Annex 3: Provisions about which Lebanon expressed some reservations 151 Foreword The Parliamentary Human Rights Committee is pleased to present the National Action Plan for Human Rights. A voluntary endeavor and commitment by the constitutional authorities, the plan is meant to be implemented by those authorities, each within its own competence. The ultimate goal of the plan is to protect and promote human rights in Lebanon, at all levels, including notably fundamental civil, political, economic, social and cultural rights and freedoms. The plan defines all legislative, procedural and executive measures necessary to promote and protect human rights in Lebanon. These measures are defined for 21 areas that have been identified as top priorities for the six-year plan. To define the measures required, it was necessary to examine the current situation of the relevant rights, in law and in practice, in accordance with the standards set out in the Constitution, the Universal Declaration of Human Rights, and other relevant international human rights treaties and conventions. It was also necessary to define the specific strategies, measures and detailed actions which need to be implemented to ensure these rights are properly exercised and safeguarded. This plan is an unprecedented achievement in the history of Lebanon. It can be appended to the various constitutional provisions, agreements and international conventions that Lebanon has signed to demonstrate its commitment to and respect of public freedoms and human rights. This document presents a summary of the current situation of public freedoms and human rights in Lebanon, as well as practical measures that would enable the implementation of the plan by proposing the necessary laws, administrative and financial measures. The National Action Plan for Human Rights has been drafted with the participation of all concerned authorities, under the supervision and in coordination with the Parliamentary Human Rights Committee, and in collaboration with other parliamentary committees, relevant ministries and administrations (including the Security Forces), judges, international agencies, experts and Lebanese civil society organizations working on human rights. We would like to express our deep gratitude to all experts who carried out the sectorial studies (Annex 1) and to all individuals and institutions that assisted in making this plan possible. We also like to specifically thank the United Nations Development Programme for its continuous administrative, programmatic and financial support, the Regional Office of the High Commissioner for Human Rights for providing technical support through resident experts in Beirut, Dr. Amin Medani for his role in drafting the draft plan first, and the Justicia Foundation for Development and Human Rights, namely Dr. Paul Morcos, Ms. Myriam Youness, and Ms. Nancy Nahouli for their role in drafting the plan in its final format. The next step, and obviously the greatest challenge, is to implement this National Plan for Human Rights. Hoping for everyone involved in this project to be given the strength to carry it out to final implementation. We will succeed if we do not consider this plan mere ink on paper, but take into consideration all of the Lebanese people whose fundamental rights to equality, dignity and freedom are violated. MP Michel Moussa MP Ghassan Moukhaiber Head of the Parliamentary Human Rights Rapporteur of the Parliamentary Human Committee Rights Committee 5 Executive Summary The Parliamentary Human Rights Committee prepared this plan in cooperation with relevant international organizations, and in partnership with all stakeholders. The plan aims at defining the legislative, procedural, executive and judicial measures necessary to promote and protect human rights in Lebanon. It is part of a comprehensive periodical review which Lebanon undertook to carry out in light of relevant human rights conventions, studies and reports. It seeks to address human rights issues comprehensively over a course of six years (2014-2019). It also sets out necessary planning to have it implemented. It is based on the underlying belief that the duty of the state is not limited to referring to or ratifying relevant international conventions only, but it is to exert efforts to amend or repeal any contradicting national laws, issue new ones in line with relevant international conventions, and ensure efficient and comprehensive implementation of the international law. It is also, the duty of the state to allocate the resources needed to ensure the proper implementation of the plan, in cooperation and coordination with both the public and private sectors. Therefore, it is necessary to have decrees and decisions issued (at the same time or subsequently, and it becomes the duty of the state’s executive and judicial institutions, and the people in general, to respect the provisions of these decrees and decisions. Currently, the human rights situation in Lebanon has a lot of positive aspects which can and should be enhanced. Such aspects are rooted in the general principles of the Lebanese Constitution, and the agreements and conventions that Lebanon adhered to. In fact, the state has taken a number of measures and initiatives for the better protection of human rights, both at the institutional and legislative levels. These measures and initiatives have enhanced the integrity, independence, and efficiency of the judiciary and contributed to the establishment of the Ombudsman’s office as an important resource to this end. Moreover, it has made a milestone achievement by preparing a draft law to establish a national institution for human rights. All of these measures have been taken in conjunction with the endeavors of meeting Lebanon’s international commitments, and achieving the Millennium Development Goals (MDGs), and in collaboration with regional and international human rights bodies. It is extremely important to raise awareness about this plan and ensure it is communicated to the largest possible audience, in Lebanon or abroad. This may be achieved by publishing the plan and its translation on a broad scale, and incorporating it in the educational curriculums. The Parliament is also expected to work more expediently towards ensuring Lebanon’s continuous adherence to international conventions, and to establish an independent institution for human rights. As for the executive authorities, they are expected to take all necessary measures to implement this plan. For example, a minister should be in charge of human rights issues, develop relevant national expertise, and prepare international progress reports in this area. THE NATIONAL ACTION PLAN 6 FOR HUMAN RIGHTS IN LEBANON 2014-2019 The plan identifies twenty one essential themes that represent the most fundamental rights. It describes the constitutional, legal, and international grounds upon which each of these rights depends on. It also describes the current situation of each right, including areas of weakness and areas for improvement. It concludes with recommendations for improvement and ways to address weaknesses, by defining compulsory standards to support and protect these rights. The task of implementing these standards is entrusted with both the Parliament as the legislative authority, and administrative bodies as the executive authority. As for

Load more