European Neighborhood Policy

Lebanon National Action Plan Consultation with Civil Society Submission from:

The Arab NGO Network for Development

Lebanese Physically Handicapped Union

Le Mouvement Social Libanais

Association Najdeh

Christian Aid

EuroMed Non-Governmental Platform

26 December 2009 From:

1 Arab NGO Network for Development (ANND): [email protected] 2 Association Najdeh: [email protected] 3 Lebanese Physically Handicapped Union: [email protected] 4 Mouvement Social Libanais: [email protected]

To: EU delegation in Lebanon Lebanese desk officer in Commission (Brussels)

With copy to:

The Prime Minister: Mr. Saad Al Hariri Minister of foreign affairs and migrants: Dr. Ali Chami Minister of interior and municipalities: Mr. Ziyad Baroud Minister of Justice: Professor Ibrahim Najjar Minister of labor: Mr. Boutros Harb Minister of social affairs: Dr. Selim Sayigh Minister of public health: Dr. Mohamed Khalifa Minister of higher education: Dr. Hassan Mneimneh Minister of finance: Ms. Raya Al Hassan Haffar Minister of economy and trade: Mr. Mohamed Al Safadi Minister of environment: Mr. Ali Rahhal Minister of youth and sports: Mr. Ali Abdallah Minister of public works: Mr. Ghazi Al Aridi Minister of energy and water: Mr. Goubran Bassil Minister of agriculture Dr. Hussein Hajj Hassan Minister of tourism: Mr. Fadi Abboud Minister of administrative development Mr. Mohamed Fneish Minister of state in charge of the relations with the Palestinian refugees in Lebanon: Mr. Wael Abu Faour Minister of state in charge of the relations with civil society: Ms: Mona Ofeish

Introduction and Summary of Recommendations

The following report is prepared by a group of Lebanese NGOs, working in partnership with “international group Christian Aid”, including:

1-Arab NGO Network for Development (ANND): [email protected] 2-Association Najdeh: [email protected] 3-Lebanese Physically Handicapped Union: [email protected] 4-Mouvement Social Libanais: [email protected]

The report, drafted by the above listed CSOs, who are active members of the “Lebanese Euro-Med NGO platform”, has been also endorsed by the Platform. The groups welcome the consultation process of the EU on ENP Action Plans and in line with their specialization, expertise and area of interest provide this report on the evaluation of Lebanese Action Plan.

They urge the EU to evaluate the European Neighborhood Policy for Lebanon according to the added value of the ENP to sustainable, inclusive and participatory development in Lebanon, particularly in terms of:  Agreements reached on shared understandings of partnership and development objectives;  Transparent and accountable decision-making processes;  Engagement of civil society organizations (CSOs) in decision-making and implementation of development programs;  Inclusive development strategies which explicitly tackle inequalities of access and power in Lebanon, including rights of particular groups such as people with disabilities and of non-citizens such as Palestinians, gender inequality and people living in poverty;  Sustainable development strategies which explicitly aim to take account of crises of economics, politics and the environment, seeking to build effective institutions to tackle the causes of these crises as well as ameliorate their effects in the short-term.

The following report follows in line with the Action Plan’s structure, following a section on the process and engagement with civil society. Selected sections are supported by information and assessments concerning the fields the above mentioned organizations are active in.

General overview of Action Plan and Role of Civil Society

The groups presenting this report are participating in reviewing progress/non progress on the action points laid out in the Action Plan signed in January 2007. We believe that such engagement can lead to better future action plans and better development results, but we think there is significant space for improvement in the current process. Civil society did not have the space to effectively participate in drawing up the current action plan and setting the agenda and priorities of actions for partnership. Moreover, we call for setting an effective process for revision of content of the Action Plan; please refer to notes presented in light of revision of the concept note related to the National Indicative Program 2011-2013 (document herewith attached)

We welcome the attempts to consult with CSOs. The EU delegation in Lebanon arranged a meeting for Lebanese CSO with Mr. Jan Hofmokl ; Desk officer for Lebanon at DG RELEX European Commission at the European Commission , in May 2009 to assess the implementation of the National Action Plan; and in October 2009 it organised a two-day national consultation including ministers, members of the parliament, national and international experts, local and international CSO and representative from the public administration. Through these engagements we had anticipated greater clarity about the decision-making process around instruments such as the ENP, and greater capacity of CSOs to impact on such processes and instruments.

We further call for a comprehensive revision of the NAP based on an in-depth analysis of the global economic and financial crisis; such a revision should take into consideration the long term implications of this crisis. The immediate estimations exclude any direct impact in the Lebanese economy, yet many analyses warn of the direct impact in the long term on remittances, employment and foreign investments.

Political dialogue and reform

Democracy and rule of law:

-The very recently appointed government should respect the commitment undertaken in its declaration to fulfill electoral reform; the expected electoral law should include the reform principles presented by the “national commission for electoral law”, known as “Boutros Commission” in order to secure fair, free and democratic elections. The law should include the proportional electoral system, the independent organizing commission, a new fair and equal districting system, women’s quota, lowering the voter age, participation of non-residents and pre-printed ballots. This commitment, appearing in the ministerial declaration, will be pursued and monitored by active civil society groups.

-Judicial reforms have not progressed effectively in ways that allow development of an independent and impartial judiciary. Whilst there has been a decision to expel one judge accused for bribery, investigations are undergoing to revise 17 similar cases in an attempt to purify the judiciary. Therefore, and as outlined as a priority in the EU-Lebanon Action Plan, there is a pressing need for reinforcing the administrative capacity of the judiciary, which is the basis for addressing corruption, institutional independency, and overall trust in the political and economic system of Lebanon. This can be achieved through support, for instance, for the transfer of prison management from the Ministry of Interior and Municipalities to the Ministry of Justice.

-The new government pledged to issue a draft law for decentralization and local government reform; the previous government failed to develop a draft law. Such a law must reconsider the role of regional councils in setting and managing development processes. It should address the relation between the public administration and the elected bodies, at the local and regional levels.

-The government must submit a new municipal law to be revised according to the above mentioned decentralisation law, thus securing a more important role for the local and regional authorities in implementing development programs, and securing democratic municipal elections in May 2010. The commitment of the new government in regards to implementing the municipal elections should be upheld, in conjunction with the laws, and thus respecting the rights of citizens to hold periodic elections.

-Lebanon’s global integrity scorecard1 raises alerts to the corruption levels in the country, which hinders the adequate standards of living for majority of the citizens. Although the anti-corruption law is in place, the enforcement of the law is lacking. Lebanon scores very weakly for anti-corruption and rule of law.2 In addition, the institutionalized corruption allows elite capture of resources, monopolization of several markets, and deliberately skewed allocation of resources. Indeed, nepotism and clientelism is opening further means to expand corruption. Moreover, a special law on the right to access information was passed to the parliament but it is still on its way to the assembly. Similarly, UNCAC must be ratified, and is now even more important since its review mechanism has been agreed, detailing how implementation of the Convention is to be monitored. UNCAC’s success at reducing corruption requires full implementation of the review mechanism agreed at the CoSP III in November 2009. The government must ensure transparency by publishing the full review report and promote civil society participation throughout the review process.

Human rights and Fundamental Freedoms:

-The Lebanese government must make progress on ratification of UN Conventions as noted in the Progress Report, including the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. More broadly, the adoption and implementation of a clear and comprehensive national human rights strategy that covers both local citizens and foreigners living in Lebanon remains un-finished business. Although efforts by the previous Parliament were underway, the process should be given more impetus by the newly elected parliament. However, the lack of such strategy continues to weaken the implementation of the human rights conventions adopted by the Lebanese government, in addition to weak reflection and coherence of policy-making in areas of economic and financial policies with the Lebanese government’s human rights obligations.

-The newly appointed government nominated a minister with a special portfolio to look into the rights of Palestinian refugees in Lebanon; moreover the declaration mentions explicitly the willingness “to continue the efforts to provide the Palestinian refugees in Lebanon with the humanitarian and social rights, and the reconstruction of Nahr El Bared refugee camp”

-Contrary to the conclusion made in the progress report 2008 on the Action Plan, which was presented by the EU Commission Staff, the overall situation of Palestinian refugees in Lebanon has actually worsened. This is due to the continuation of displacement of Nahr el Bared inhabitants, the delay in starting the reconstruction of the camp, and the increasing restrictions against the Palestinian camps in the South and North of Lebanon (notably movement of individuals, entry of construction materials, furniture etc.), which have consequences at all levels of the daily life of Palestinians. In addition, Palestinian refugees in Lebanon have recently been deprived of the legal right of giving a general procuration.  The principle of reciprocity continues to represent a major obstacle to the

1 Lebanon scored a ‘very weak 45 in the latest Global Integrity Scorecard: http://report.globalintegrity.org/reportPDFS/2007/Lebanon.pdf 2 Lebanon's Global Integrity Scorecard, available at http://www.transparency- lebanon.org/index.php?option=com_content&view=article&id=22&Itemid=11&lang=en

ability of Palestinian refugees to work in Lebanon, in addition Palestinian refugees are unable by law to benefit from National Social Security Fund (NSSF) allowances, despite Palestinians and Lebanese contributing equally to the Fund.  The regularization of the status of non-ID Palestinians has not been practised and implemented or legitimized. Non-identified refugees of Palestinian origin are constantly exposed to the risk of imprisonment for not holding ID papers; they are also restricted in movement in and outside Lebanon.  Palestinian refugees in Lebanon are not allowed to own their own property. Moreover, inheriting family members of old Palestinian property owners in Lebanon lose their ownership rights.

-The Action Plan, in regards to Palestinian refugees, should address their right to access decent work; the Group thus urges the Lebanese Government to illuminate discrimination against Palestinian workers in term of treatment salary, social security cover and rights. Palestinian workers should be granted the right to join all syndicates and workers' unions with similar conditions and benefits to those of Lebanese workers. This de jure and de facto discrimination against the Palestinians should be tackled through expedite amendments to the Lebanese Labour Law that would facilitate Palestinians' right to work based on the framework of the “Casablanca Protocol” -The Protocol on Treatment of Palestinians in the Arab States, 11 September 1965. According to the protocol, Palestinian refugees are afforded equal rights with citizens of host states in matters of employment and movement, without compromising their right of return or requiring naturalisation in host countries.3

-The lifting of Lebanon's reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) remains an essential lacking step. In addition, the implementation of the convention, including in regards to the rights of Palestinian women resident and working in Lebanon.

-The struggle for a law ensuring the respect of the right of Lebanese women to give the Lebanese nationality to her husband and her children continues with no proper action on behalf of the government. The step to establish such a law has been blocked using the pretext that such a law would promote the nationalization of Palestinian refugees in Lebanon. Any law that exclude the rights of women married to Palestinians in this area will be an explicit discrimination of a racial dimension.

3 This would ensure sustainable protection for Palestinian refugees through the following measures: o Amending Clause 59 of the Lebanese Labour Law to refrain from applying the principle of reciprocity for Palestinian refugees residing in Lebanon; o Revoking the need for work permits for Palestinian refugees residing in Lebanon; o Allowing refugees to benefit from the National Social Security Fund; and o Exempting Palestinian refugee professionals from the nationality prerequisite that precludes their entry in professional syndicates, a requirement to practise their professions. o Ensure that efforts are made by UNRWA, the Lebanese State, Donor Agencies and the private sector to: o Expedite the 2006 UNRWA – Lebanese State Initiative on employability of Palestinian refugees in terms of reducing negative perceptions between Palestinian and Lebanese communities and creating more formal economic bridges between them. o Establish financial safety nets for working men and women through the collaboration of UNRWA, donor agencies, and the private sector. o Lebanon has to ratify the 1951 Convention concerning the Status of Refugees and its 1967 Protocol to ensure protection for all refugees and asylum seekers, including Palestinians. o Expand the members of Lebanese-Palestinian Dialogue Committee (LPDC) to be a participatory committee with civil society and key actors. This should be reflected in the added number of the NGOs working among Palestinian and Lebanese communities (for those who work in the Lebanese community; its important to have some who work among Christians). Also some representatives of key ministries, such as social affairs, labour, economic, health, and interior, should be added. o A new Committee to be led by minister represents directly in the government, with the participation of the ministries mentioned above, PLO, Local NGOs and UNRWA.

-Addressing domestic violence is not adequately addressed yet; the criminalization of domestic violence against both Lebanese and Palestinian women and children needs to be legalized by the issuing of a new law.

Economic and social reform and sustainable development

-The developmental concerns facing Lebanon, including chronic unemployment, poverty weakening productive sectors, increasing inequalities, geographical disparities, and lack of social protection, have not been addressed by the economic policy approaches, adopted by the Lebanese government and reflected in the Action Plan. In fact, these approaches do not seem to benefit the medium term objectives defined in the Action Plan, and including “creating conditions for an employment generating growth” and “creating macroeconomic conditions for sustainable growth”.

-Paris III agenda, its priorities and policy directives that constitutes the reform direction proposed in the area of Economic Reform under the Action Plan, was formulated at a time when most government administrations were inactive (July 2006 January 2007-just after the Israeli war on Lebanon and the withdrawal of the ministers of the opposition from the government), and have not been adequately discussed in public fora where citizens can have a representation and voice, such as the parliament. Civil society groups call for a revision of this major reform plan to reflect a transparent, participatory, inclusive, and representative process that is framed and evaluated from the perspective of development impacts. The latest ministerial declaration suggests measures that require in depth revision of the commitments undertaken in Paris III agenda; particularly concerning economic and fiscal reforms and new taxation policies. This was however explicitly obvious in the section of the declaration related to the “requirements from the public”. More specifically the government undertook in the declaration to reconsider income taxes in addition to new taxes securing fair redistribution of wealth.

-Poverty remains a significant challenge facing the achievement of economic and social rights in Lebanon. Nearly 8% of the Lebanese population lives under conditions of extreme poverty. This implies that almost 300.000 individuals in Lebanon are unable to meet their most basic food and non-food needs. If poverty is calculated at the upper poverty level proposed by the money metric indicator elaborated by UNDP, the overall headcount poverty 4 ratio reaches 1/3 of the population. Moreover, the distribution of expenditure among the population remains unequal. The regional disparities remain severe and government 5 poverty eradication policies do not equally reach all regions.

-Social spending in Lebanon is high, but its share specifically allocated to poor

4 The HPI-1 value is 7.6% for Lebanon, ranks 33 among 135 countries The Human Poverty Index (HPI-1), focuses on the proportion of people below certain threshold levels in each of the dimensions of the human development index -living a long and healthy life, having access to education, and a decent standard of living. By looking beyond income deprivation, the HPI-1 represents a multi-dimensional alternative to the $1.25 a day (PPP US$) poverty measure. Available at http://hdrstats.undp.org/en/countries/country_fact_sheets/cty_fs_LBN.html 5 the percentage of households living with low and very low living conditions reaches 9% in Beirut, 22% in Mount Lebanon, 34% in Bekaa, 42% in the North, 45% in the South and 50% in Nabatieh

households (i.e., safety nets) is small. While spending in education, health, pensions and social assistance accounted approximately for 30% of primary expenditures in 2007, social assistance was less than 20% of this amount.6 However, safety nets programs do not cover social security for the elderly and the unemployed. The effectiveness of safety nets is undermined by the lack of coordination between the various providers. Most of the benefits financed through the Ministry of Social Affairs (MoSA) are provided by a range of welfare institutions and non-governmental organizations contracted by the MoSA, resulting in extensive overlaps and administrative waste. A comprehensive social development strategy should address social infrastructure, social stabilizers within macro-economic policies, the added-value of the care economy and decent work.

-No progress has been achieved on supporting small and medium enterprises (SMEs); besides access to finance, enhancing the role of SMEs necessitates addressing the level of monopolization of the national market that hinders the emergence of new entrepreneurs and small and medium businesses should be revised and expanded.

-Addressing unemployment, which has been a chronic problem in Lebanon, necessitates moving beyond the market driven strategies listed in the National Action Plan. It necessitates a more active role by government in developing macro-economic stabilizers and decent work strategies that incorporates active role in strengthening productive sectors, namely agriculture, industry and services.

-The approach to the social agenda has been still confined to what Paris III refers to as “the social action plan” that is based on social safety nets and targeting specific groups not on a national strategy for social development and realization of social rights for all. 7

-Paris III mentions the need for administrative reforms in public administrations and ministries, which have no implementation strategy to date. Considerations for these needed reforms are not being undertaken through the agenda of the recent government either.

-Concerning the promotion and protection of rights of women and children, occupational

6 IMF Country Report 09/131 available at http://www.imf.org/external/pubs/ft/scr/2009/cr09131.pdf

7 The implementation of the Social Action Plan (SAP) that was designed by the Government of Lebanon has progressed slowly due to structural problems within the Lebanese government. It is important to note that the SAP has received letters of commitment from the Ministry of Health, Ministry of Education, Ministry of Social Affairs, Ministry of Labor and the National Social Security Fund. In addition, there has been a failure to address reforms that would lead to strengthening social safety nets and creating greater access to basic social services within the plan itself. In order to identify the lack of progress, focus should be placed on the following:  Activation of the Inter-Ministerial Committee (IMC) tasked with coordination on a social strategy. This has yet to become active and is still assessing data while the National Committee for the Disabled has yet to be formed. The ICM met and was headed by then Prime Minister Fouad Siniora three times and has since become inactive.  Modernisation of the NSSF, particularly enhancing the IT capacity. While the SAP identifies strengthening and putting into place new social safety nets while creating a Statistical Master Plan (SMP), enhancing the IT capacity of the National Social Security Fund is no longer listed as a priority. The modernization of the NSSF no longer being listed as a priority will both impede implementation of the current SAP as well as planning for future SAP’s because of the difficult in acquiring updated data on citizens who are benefiting from existing social safety nets.  Proxy means testing on identifying poor households. This was supposed to be completed by the end of 2007, but it is only in its pilot project testing phase.  Viable and updated data with inclusive criteria that can ensure completion of goals and addressing the needs of vulnerable groups that constitute the poorest segments of the country. Without which implementation will be less far reaching. Also, Ministries are failing to implement local laws they identified in the SAP, like Law 220/2000 for the Rights of Persons with Disabilities in Lebanon, which would address the needs of those that would benefit from an improvement in social safety nets and access to basic needs. The Government of Lebanon is still piloting many of the reforms that would lead to implementation of the SAP while the Ministry of Social Affairs has contracted the Consultation and Research Institute to conduct two studies that would assist in identifying targets of social safety nets in Lebanon

segregation, unequal opportunities for women and men in the labor market remain high and evident.8 Furthermore, the Lebanese employment situation draws a bleak picture with acute unemployment amongst Lebanese youth, aged 15-24 (50% of unemployed are among the youth)9, the low contribution of women to the economy and production. There is a significant gender disparity that persists in the rates of economic activity. Although women exceed 50% of Lebanon’s total population, their representation in total labor force does not exceed 21.5%.10 The female participation in economic activity per region shows great differentiation; it registers at 69.3% of employed females are in Beirut and Mount Lebanon, whereas 10.6% are in North Lebanon, 6.7% are in Bekaa, and 13.3% are in South Lebanon and Nabatiye.11

-The agricultural sector continues to suffer from lack of effective and comprehensive national policy and strategy that integrates objectives for supporting and expanding and developing the agriculture sector and production, improving infrastructure for land reform and irrigation system. This also requires improving production qualification and standards The objectives set in the Action Plan, and confined to access to markets, international standards, and marketing are not enough to address the development aspects and role that the agricultural sector can play in Lebanon.

Trade-related issues, market and regulatory reform

-In the process of accession to the WTO, Lebanon has been demanded access to the multi- lateral agreement on government procurement, which as a developing country it is neither obliged nor advised to accede to by many studies that show negative impacts of liberalization of government procurement in developing countries.

-Concerning the liberalization of services, it is crucial to note that this sector in Lebanon provides a substantive share of job opportunities. Therefore, in its negotiations for WTO accession, the flexibilities available under the GATS, which recognize the rights of developing countries to make fewer commitments, have not been secured. Similar considerations need to be undertaken in the process of bilateral negotiations on services with the EU.

-The implications of setting progressive trade liberalization as a stand-alone goal have been highly clarified by the economic and financial crisis. Trade has been one of the major channels of transmission of the impacts of the crisis to developing countries. There is a need to revisit Lebanon’s commitments and offers within the process of negotiating accession to the WTO and the foundations of its trade relations with the EU12, especially offers given or lined up in the area of financial services liberalizations. Moreover, serious consideration needs to be undertaken by the EU to stop the negative impacts of trade-distorting subsidies it offers in the agricultural sector.

Transport, energy, the environment, the information society, research and development

8 Concluding Comments on CEDAW, 8 April 2008, CEDAW/C/LBN/CO/3 9 MDGs report Lebanon 2008 10 Lebanon 2008-09 The National Human Development Report 11 Poverty, Growth and Income distribution in Lebanon, UNDP, August 2008 12 This includes the assumptions that Lebanon’s export potential will be enhanced by further liberalisation of trade in goods and agriculture and preparation for progressive liberalisation of trade in services and right of establishment. These were included as ‘priorities for action’ in the EU-Lebanon Action Plan.

-Lebanon actively participated in the Copenhagen Summit on Climate Change and the parliament held active discussions in the run up to the Summit. Lebanon needs at this stage to complement that by: setting in place effective mechanisms for sustained cooperation between government, business sector, civil society and other stakeholders for movement to cleaner development paths based on the capacities available for Lebanon; support and develop necessary legislation on renewable energy resources and implement it; develop legislation for integration of renewable energy sources in public energy infrastructure and systems; develop standards for efficiency of energy use in buildings, cars, and various electronic tools. Activities of the Ministry of Environment continue to be based on time-bound donor-funded projects rather than strategy, partly due to the insufficiency of governmental funds allocated to the ministry, and to the little power exerted by the ministry of environment within the government and on its agenda. There is need to integrate the outcomes of all previous and current projects into a national environmental strategy and action plan that also tackles priority environmental issues.

-Sectoral reform and infrastructure development in the areas of energy, water, and transport are still not adequately addressed. This is a necessary step in the process of operationalizing the rights of citizen to quality, equitable access to these public services over market-focused policies of privatization that are guided by mere profit dynamics. In this context, there is a need for an effective dialogue around the right to water in Lebanon, which is basic human right that is significantly violated.

People-to-people contacts, education and health -Though Lebanon guarantees universal education under its constitution and ensures equal access for all citizens, dedicating at least 4.4% of GDP to the system, the education system in Lebanon has fallen short of the two principles of quality and inequality. Relatively high level of spending on education have not improved the public sector educational system, either in quality or capacity as the allocation of resources were not made to improve the quality or to needs assessments. It has not adequately addressed the Action Plan objective of “ensuring access for all, especially for the poor, to high quality education.”

-The reinforcement of the allegiance of citizens to their closed community or religious sect, aligned with a weakening of the bond between the citizens and the state is triggered through a high number of students attending private schools which are politically and religiously affiliated.13 The group stresses on the need to empower the role of the public school to ensure universal enrolment and quality schooling.

-Although almost all parts of the country enjoy a sufficient number of schools, the regional disparities in educational attainment still remain generated by a low socioeconomic conditions and voluntarily high drop-out rates, as the students of the rural areas believe they receive lower 14 quality education and trade off education to salary earning jobs.

-The Ministry of Education had assured, at the Forum on school dropout organized by Mouvement Social in 2007, to consider its resulting proposals and recommendations. At the roundtable open hearings on the ENP in October 2009, the director general insisted that was

13 According to CERD 2006-2007, although the number of public and private schools are close(1393 and 1419 respectively, the number of students attending to these private schools are much higher than public ones. (591374 and 326503 respectively) as indicated in Lebanon 2008- 09 The National Human Development Report 14 Lebanon 2008-09 The National Human Development Report significant progress on several levels notably in areas of (1) Education access for all (2) the professionalization of teaching in the frame of the administrative reform at the Ministry and (3) the issues of citizenship and social care will be taken in charge by other donors (UNDP etc.).

-The administrative reform is starting to achieve rather concrete results, especially through level reform of 350 public schools that are now running in line with international standards, according to the Director General of the Ministry of Education. The group insists however on the fact that youngsters are leaving school to join the job market at an early age. This problem falls under a larger concern that is school dropout, needs to be tackled in parallel to the development of administrative reform.

-Despite the efforts deployed in the sector of youth, we observe that it would be judicious to exert effort in youth development on citizenship, democracy, constructive communication, in schools and universities, both public and private. Moreover, the involvement of decision- makers and civil society is necessary to fairly contribute to the dissemination of the values of citizenship in collaboration with the relevant Ministries and also through sport, educational and leisure activities at local and national levels. The establishment of a network linking the different stakeholders of civil society with the competent authorities will ensure logistical support, experience-sharing, and a coordination of efforts at a national level. This initiative will favour communication and dialogue of the different parties involved, and reflects on the totality of actions undertaken in the fields of youth prevention, development, and communication.

-Although there is improvement in communication between the Ministry of Interior and civil society organizations (CSOs), freedom of assembly and organization (for CSOs, public servants, trade unions, and syndicates) is still limited due to legislative challenges that give governmental bodies extended control over the functions of these organizations. More effective autonomy of CSOs requires reforms of Lebanese laws.

-Public servants lack the right to free assembly and initiation of syndicates according to the article 15 of the decree 112/1959.15

-Establishment of trade unions and syndicates has to be certified by Ministry of Labor according to Articles 86&87 (of Lebanese Labor law). The ministry also has the right to 16 intervene in the internal mandate of syndicates .

-A consensus has been reached among organizations on the suitability of the 1909 Ottoman Law of Association. However, a rising number of organizations are calling for an administrative reform that leads to the implementation of an independent registration system that removes the authority over CSOs from the direct supervision and control of different ministries.17 -Youth organizations18 (Sports organizations, Scouts, Youth with disabilities organizations) lack the freedom of assembly and association they need in order to gain the approval of the Ministry of Youth and Sports (MOYS) after consultation with the Ministry of Interior, according to law 629/2004 (the law regulating the implementing mechanisms of MOYS). In this regard, several points can be raised for consideration and revision:

15 Ibid p.61 16 Ghassan Slaybi, Lebanese Trade Union Training Center, ‘ Moukaraba w Khayarat Min Ajel Haykaliya Nakabiya Jadida’, 2006, p14, http://ltutc.org/mokaraba.html 17 Ghassan Makarem, Director of Helem (Lebanese protection for Gays, Lesbians, Bisexuals and Trans-genders). 18 Nizar Saghieh, “ Mousharakat l Shabab Kanounan” , ‘Youth Empowerment and Participation Project’, UN Youth Task Forces, 2009, p. o Law 629/200419 divided youth organizations into specific categories with pre- defined mandates and mission statements. Organizations risk losing their certification in case they diverge from the pre-defined missions. o The decree 213/200720 modified the 629/2004 law and induced further control of MOYS over CSOs. Accordingly, MOYS has yet to approve any modifications within the organization’s mandate and mission statement otherwise organizations risk losing their certification. o Membership is limited to the age of 18 and above for youth organizations and 20 and above for CSOs functioning under the 1909 Ottoman Law of Association21. o Students unions’ are controlled through restrictions found in the section 2 and 4 of the article 59 from the law 75/6722 that organizes the implementing mechanisms of The Lebanese University.

19 Ibid p.28

20 Ibid p.28

21 Kamal Shayya, Director of Massar, “Phone interview by Rabih Fakhri”, December 16 2009. 22 Saghieh, p.61