European Neighborhood Policy Lebanon National Action Plan
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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