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Women and Citizenship Legislation in Lebanon

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Women and Citizenship Legislation in Lebanon Women and Citizenship Legislation in Lebanon Sanna Karlsson Mänskliga Rättigheter Vårterminen 2009 Handledare: Dr. Olof Beckman Abstract Lebanese women cannot confer their citizenship to their children incase they marry a non- Lebanese man, nor can the man become a naturalized citizen through his Lebanese spouse. The purpose of this study is to describe the reasons to the policy of dependent citizenship in the Lebanese case, as well as its objectives. Lebanese women’s dependent citizenship in conjunction with the 15 different confessional Personal Status Codes, create a female citizen who needs to depend on male relatives to access some rights, which becomes even more problematic if the husband is foreign. Children to non-Lebanese fathers have reduced access to schooling, work and healthcare. 1 Contents ABSTRACT ...................................................................................................................................................................1 INTRODUCTION.........................................................................................................................................................3 AIM OF THIS STUDY.....................................................................................................................................................3 THEORETICAL FRAMEWORK .......................................................................................................................................4 METHOD ......................................................................................................................................................................8 PART ONE: CITIZENSHIP IN LEBANON DURING THE OTTOMAN EMPIRE .......................................9 HISTORICAL BACKGROUND – THE FIRST WORLD WAR IN LEBANON ......................................................................9 CITIZENSHIP DURING THE OTTOMAN EMPIRE..........................................................................................................10 CONCLUSION TO PART ONE......................................................................................................................................11 PART TWO: THE FRENCH MANDATE AND CITIZENSHIP.......................................................................12 AFTER THE WAR ........................................................................................................................................................12 THE ARMED RESISTANCE .........................................................................................................................................12 ESTABLISHMENT OF THE FRENCH MANDATE AND THE HIGH COMMISSIONERS ....................................................12 THE LEBANESE CONSTITUTION................................................................................................................................14 THE NATIONALITY LAW ...........................................................................................................................................14 THE PERSONAL STATUS CODES ...............................................................................................................................16 THE WOMEN’S MOVEMENTS .....................................................................................................................................16 WORLD WAR TWO....................................................................................................................................................18 CONCLUSION TO PART TWO .....................................................................................................................................18 PART THREE: THE LEBANESE INDEPENDENCE AND BEYOND ...........................................................20 HISTORICAL SUMMARY ............................................................................................................................................20 POST-INDEPENDENCE POLITICS................................................................................................................................21 THE CIVIL WAR ........................................................................................................................................................21 THE TAIF-AGREEMENT .............................................................................................................................................21 CHANGES IN CITIZENSHIP.........................................................................................................................................22 CONCLUSION TO PART THREE..................................................................................................................................23 ANALYSIS...................................................................................................................................................................25 OBJECTIVES OF INTRODUCING AND MAINTAINING DEPENDENT CITIZENSHIP AND THE PSCS ...............................25 THE JUSTIFICATION OF THE POLICY OF DEPENDENT CITIZENSHIP IN THE LEBANESE CASE....................................25 REFERENCES ............................................................................................................................................................27 LITERATURE ..............................................................................................................................................................27 OTHER REFERENCES .................................................................................................................................................28 2 Introduction Lebanese women cannot confer their nationality to their children if the father is a foreigner with some rare and specific exceptions. This is a feature that Lebanon shares with many other Arab countries, which seems to be a contradiction to Lebanon’s reputation as the liberal country of the Arab Middle East. I first came across this issue while working with an international human rights organization in Lebanon. Children to Lebanese mothers and foreign fathers have restricted access to healthcare, education and work, as well as to housing. Often they become “illegal residents” while still being minors because their residency permit haven’t been renewed in due time, if it ever has existed in the first place. In the poorer sections of society this seems to bring families who already are in difficulties deeper into marginalization, and families who are better off financially often choose to live elsewhere. This question has steadily gained more importance over the last years in Lebanon. Feminist groups frame it as a question of women’s civil and political rights. Are women really full citizens if their offspring is not entitled to any of their mothers’ rights, they ask? The Nationality Law in conjunction with the Personal Status Laws suggests otherwise, as they put Lebanese women in a very specific, dependent position as citizens. Why then apply such a rule? Aim of this study The aim of this study is to discuss the reasons for Lebanon to introduce and maintain the policy of dependent citizenship for women. Is it a question of religion, politics, culture or a reinforcement of patriarchy? Or is the main reason political, to keep certain groups within the Lebanese society outside of political power? In my intention to discuss the questions asked above, I will answer the questions below: - What is the reasoning behind dependent citizenship for women in Lebanon? - Which objectives have been driving the actors involved in introducing and maintaining dependent citizenship for Lebanese women? Are they political, religious, cultural or patriarchal? In order to answer this questions, I will consult Lebanon’s modern history to see how women’s citizenship has changed, from when Lebanon still constituted a part of an Ottoman province, to the establishment of the French mandate, and now, post-independence. The chronological description of Lebanese citizenship will be an aim in itself. 3 Theoretical framework Citizenship and Nationality In the literature, citizenship is usually defined as the legal relationship between a citizen and the state, regulating his political rights and social benefits. Nationality is often treated as a synonym to citizenship, but most cultures regard nationality to be inherited through blood. Mary Ann Tétreault points out that nation and nationality has almost religious overtones, which citizenship doesn’t.1 Uri Davis notes that the Universal Declaration of Human Rights created a difference between nationality and citizenship; Article 15; Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality. Nationality is thus a human right, but citizenship and the rights they entail, varies. Davis gives the example of British Commonwealth inhabitants, all of whom are British nationals but with different citizenship status – not all have the right to abode in the United Kingdom.2 Citizenship Rights Rania Maktabi describes the rights inherent in citizenship: “Membership in a state is channeled through one authoritative agent, the state’s governing regime, and has all-encompassing effects on a person. Citizenship accords the citizen with access to a range of resources at the state’s disposal, depending on the level of modernization as reflected in political, social and economic institutions: Civil resources (legal protection and access to the courts of law); social resources (welfare,
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