Invitation to a Roundtable and Reception
IMPOSSIBLE TO REFORM?
Obstacles to Improving Lebanon’s Human Rights Record
Tuesday November 30, 2010, 16:00
at Monroe Hotel, Ain al-Mraysseh
(Beirut, November 18, 2010) – Human Rights Watch is pleased to invite you to a round table on Tuesday November 30 at 16:00 to discuss obstacles to human rights reforms in Lebanon.
The roundtable will focus on recent efforts to reform Lebanon’s record in three key areas and the obstacles that these reforms encountered:
The 54-page report, "Without Protection: How the Lebanese Justice System Fails Migrant Domestic Workers," reviews 114 Lebanese judicial decisions affecting migrant domestic workers. It finds that lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes.
"By turning a blind eye to violations affecting domestic workers, Lebanon's police and judiciary are complicit in the ongoing violations by employers against this vulnerable group," said Nadim Houry, Beirut director at Human Rights Watch. "Locking someone up or slapping them is a crime regardless of the identity of the victim."
Human Rights Watch did not find a single example among the 114 cases it reviewed in which an employer faced charges for locking workers inside homes, confiscating their passports, or denying them food, even though these violations of the law are commonplace. Lebanese families employ an estimated 200,000 migrant domestic workers, primarily from Sri Lanka, Ethiopia, the Philippines, and Nepal.
Complaints filed by these workers against employers often languish in court for months, and sometimes years. This poses an added burden on the workers, because Lebanon's restrictive visa policies make it hard for them to remain in the country to pursue the case. Human Rights Watch reviewed 13 criminal cases by these workers against employers and found they took an average of 24 months to be resolved. Complaints for unpaid wages took between 21 and 54 months. Even simplified complaints brought before labor courts took 32 months on average. Under the kafeel (sponsorship) system, a worker who leaves an employer - even to file a complaint - loses the right to live in Lebanon and faces potential detention and deportation.
Cases of physical violence against migrant domestic workers often fail to garner sufficient attention from police and prosecutors. In a case dating from 2005, the police waited 21 days to begin investigating after receiving a complaint that an employer was beating a domestic worker. A review of police reports in numerous cases of violence against these workers shows that in investigating these cases, the police regularly ask employers only general questions and accept their statements as truthful without cross-checking their statements with other potential witnesses.
While the authorities have prosecuted certain cases of severe beatings against migrant domestic workers, these cases remain rare and have led only to light sentences. In a widely hailed case, a Lebanese criminal court sentenced an employer to prison on December 9, 2009, for repeatedly beating a Filipina domestic worker. However, the sentence was only 15 days. The most severe sentence for beating a domestic worker of which Human Rights Watch is aware was one month in prison. It was imposed by a criminal court on June 26, 2010, against an employer who repeatedly beat a Sri Lankan domestic worker while forcibly confining her to the house.
Even employers who kill their workers often get away with lean sentences. In a 1999 case, a criminal court sentenced an employer who beat a Sri Lankan worker to death to only one-and-a-half years in jail.
"These verdicts are a small step in the right direction, but remain a mere slap on the wrist," Houry said. "The authorities need to ensure that employers who abuse domestic workers receive penalties that are appropriate to the offense and serve as deterrents for others."
Human Rights Watch documented a number of violations of due process and the right to a fair trial in cases in which migrant domestic workers were accused of a crime, usually theft. Of the 84 criminal cases against domestic workers reviewed by Human Rights Watch, 37 of the workers - 44 percent - did not have a defense lawyer. Most - at least 57 of 84 cases reviewed - also faced police and court proceedings without the help of certified translators, despite the fact that many do not speak fluent Arabic. Interpreters were rare even in cases in which the worker was accused of a serious crime.
The report also found widespread pretrial detention of migrant domestic workers accused of crimes. At least 76 percent of the workers in the cases reviewed - 64 out of the 84 - were detained before trial. Most who were eventually found not guilty had been detained during trial for an average of three months before being released, although at least four had spent more than eight months in jail before a court found them not guilty.
"Domestic workers too often end up in jail on the basis of accusations by their employers, without benefiting from the assistance of a lawyer or translator," Houry said. "They deserve the same presumption of innocence and due-process guarantees as everyone else."
Despite recent pronouncements by Lebanese officials, including the Ministers of Interior and Labor, that they want to improve the treatment of migrant domestic workers, government action has been limited to narrow reform initiatives, such as a compulsory standard employment contract for these workers introduced in January 2009. The government also has failed to create effective mechanisms for inspecting the workplaces of migrant domestic workers.
Human Rights Watch called on the Lebanese authorities to:
BEIRUT: Sudanese nationals demonstrated in Khartoum on Wednesday to condemn a raid by Lebanese security forces on a gathering of Sudanese refugees, as diplomats from both countries tried to cool tensions over the matter.
A group of Sudanese protested in front of the Lebanese Embassy in Khartoum, holding banners displaying anti-Lebanon slogans. They called for boycotting Lebanese banks and products and marked the Lebanese flag with a red ‘X’.
The protesters gathered after a General Security patrol raided a ballroom earlier this month, where around 150 refugees from different African nationalities were holding a cancer fundraising event in the Beirut district of Ouzai. The security members reportedly maltreated participating Sudanese nationals, a number of whom lacked legal residency papers.
Lebanese Ambassador to Sudan Ahmad Shammat met with the protesters and received a memorandum containing their demands, which include launching investigations into the assault, paying indemnities to the victims and issuing an apology to the Sudanese people. They also asked the memorandum be passed on to President Michel Sleiman and to Lebanese officials.
Nonetheless, Shammat condemned marking the Lebanese flag with a cross, saying it was an insult to Lebanon and demanded an apology. “This sort of behavior can be used against Israel, the enemy of Lebanon, Sudan and the Arab and Islamic worlds,” he added.
More than 600 Lebanese people work in Sudan in the banking, tourism and communications sectors and the Lebanese community in West Africa dates back to the 19th century. Calls to boycott Lebanese banks and products have been voiced on Sudanese websites.
Sudanese Ambassador in Lebanon Idriss Suleiman discussed the problem during a news conference he held in Beirut. He described the assault as an “isolated incident” and stressed the Sudanese diaspora in Lebanon was respected.
“Ever since I’ve come to Lebanon, I’ve heard praises about the Sudanese and about Sudanese workers. This affair is receiving more coverage in newspapers than it should,” Ambassador Suleiman said.
Newspapers reported that Lebanese security members asked the Sudanese present at the charity event to lie on their stomachs and shouted racist insults at them.
Lebanese authorities started a probe to determine whether any violations were committed during the raid and released arrested Sudanese refugees who owned legal papers.
Suleiman noted that the Lebanese government has shown solidarity with Sudan and was clear in condemning the assault. He also asked illegal Sudanese refugees to return to their country, where they would receive the necessary aid to settle their legal situation.
The Sudanese ambassador reiterated the need to keep the matter under control and urged everyone “not to blow the issue out of proportion.”
The incident is not the first time the Lebanese have been accused of racism. The crash of an Ethiopian Airlines plane earlier this year raised controversy about the way the families of Ethiopian victims were treated. Civil society organizations have also revealed cases of abuse against domestic workers, many of whom come from Sri Lanka, Ethiopia or the Philippines.
Commenting on the conditions of workers in Lebanon, Suleiman said representatives from several countries had met with Lebanese Labor Minister Boutros Harb, who had received a number of recommendations and started working according to them.
Suleiman also met with the general director of General Security Wafiq Jezzini and went over the details of the raid.
Jezzini said that the decision to raid the ballroom was taken because the event was being held without permission and because illegal refugees were present. He added that the arrests were legal and official investigations were launched to determine if any security members committed violations.
Suleiman underlined the importance of the meeting and regretted that some Sudanese were taking advantage of the situation to facilitate the acceptance of their applications at the UN High Commissioner for Refugees. –The Daily Star
Link to original articleالإقامة الشرعيّة لا تحمي دائماً من العنصريّة (مروان طحطح)
رواية اللاجئين والمقيمين
رأي الأمن العام
لبنان واللجوء
سجن العار
More than half of the 400,000 Palestinian refugees in Lebanon have been forced to live in segregated ghettos since they were forced to flee their lands and homes to Lebanon after the creation of Israel in 1948.
“All the Palestinians just want security, freedom and justice,” says Fatima, a local resident of the Nahr Al Bared refugee camp. “What happened to my grandfather, my father and my brother is happening to us now. Do the youth have to experience the same situation as our parents?”
Daily life for Palestinians involves dealing with the pains of living in exile and the systematic discrimination they face in Lebanon.
“We are homeless from our country so let us live with freedom and safety. Is this treatment only for the Palestinian people? Is it because the Palestinians don’t have a leader? It’s a shame,” she adds.
All 12 of the official refugee camps in Lebanon suffer from inadequate infrastructure, overcrowding, poverty and high unemployment.
“Lebanon has one of the highest percentage of Palestinian refugees who are living in abject poverty and who are registered with the Agency’s ‘special hardship’ programme,” the UN Relief and Works Agency for Palestine Rights in the Near East (UNRWA) issued in a press statement.
Lebanon, as a member of the Arab League, officially recognizes the State of Palestine. However, the reciprocity law, which permits foreigners to work in Lebanon if they are nationals of a State that opens their labour market to Lebanese nationals, has created obstacles for Palestinians in finding employment due to their stateless status.
“The continuing restrictions which deny Palestinian refugees access to their rights to work, education and adequate housing and health are wholly unjustified and should be lifted without further procrastination or delay,” says Amnesty International.
At a press conference in Beirut last week, Amnesty International (AI) released a new 31-page report, “Exiled and Suffering: Palestinian refugees in Lebanon.” In the report, Amnesty International urged the Lebanese government to fully protect and uphold the basic human rights of Palestinian refugees.
“We urge the Lebanese government to take immediate measures to eliminate all forms of discrimination against Palestinian refugees in order to enable them to exercise their economic, social and cultural rights on the same basis as the rest of the population of Lebanon.”
In 2005, the Lebanese government lifted a ban on 50 of the 70 professions declared off-limits to Palestinians but only a few can afford the $700 needed for work permits.
“Palestinians are spending not lest than a $1000 a month in Lebanon while Syrians, Egyptians, Sri Lankis and Filipinos do not spend their money here. They collect their salary and send it to their country. They eat with the family they work for,” says Samira Salah, Director of the Communities for Civil Rights Campaign. “We are trying to remind the Lebanese government of how integrating Palestinians into the Lebanese society contributes to the local economy.”
Heightened Tensions
Since the 15-week Nahr Al Bared clashes, which displaced over 30,000 residents and killed more than 400 people, many Palestinians have reported being abused and threatened by soldiers at checkpoints on account of their identity.
“What is happening is that the Lebanese Army and the internal security forces are basically looking upon Palestinians as a threat,” says Rania Masri, Assistant professor in the Faculty of Sciences at the University of Balamand in Lebanon.
Many Lebanese blame the Palestinians for allowing Fatah al-Islam into Nahr Al Bared and warned that reconstruction and their return could reignite similar violence. However, some analysts believe that there will be a renewed cooperation in the reconstruction effort.
“This is the first time that the Palestinian leadership is working with the Lebanese government to improve security in the camps. This should turn a new page in the history of Palestinian-Lebanese relations in Lebanon and ease hostilities of the civil war years,” says Paul Salem, Director of the Carnegie Middle East Center. “This should also coax the Lebanese government to grant Palestinian refugees in Lebanon social and economic rights.”
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When she was younger, Nahla says, she did not know that what she was experiencing was violence, and that the strict obedience enforced by her father shaped how she dealt with the later brutality – three attempted rapes – against her.
While the cabinet’s decision on Tuesday criminalizing domestic violence might help women like Nahla to be aware of their right to a peaceful life, there is a deep-rooted way of thinking that must also be overcome if violence against women is to disappear in this country.
Nahla says her father used to always tell her, “A woman’s honor is between her legs. If the girl loses her honor, it means I can kill her, cut her in pieces and bury her.” He did not stop with verbal threats either; whenever Nahla spoke with a male neighbor or wore a skirt above her knees, for example, he would beat her. Even after her father died, her brothers took on his role – with the approval of Nahla’s mother – and would habitually beat their sisters.
Nevertheless, Nahla tried to remain strong and hopeful. “My peace was only in praying,” she told NOW Lebanon and said she even considered for a while becoming a nun.
But the trauma did not end with her childhood, as on three separate occasions, Nahla was a victim of attempted rape.
The first time it happened was on Nahla’s second date with a neighbor in 1998. He invited her up to watch a World Cup game. Knowing that he lived with his family, she accepted, but when she realized that he was the only one home and was trying to lure her into his bedroom, she refused. “In one second, he took me in his arms and bit me [on my breast] in a violent way. All his teeth were in my flesh and I was bleeding. He did this to make me submit to him,” she said. She escaped when his sister rang the interphone before he could penetrate her. “And at the time, I was very weak to do [anything] against [the neighbor] because I have three brothers who are very traditional. They wouldn’t understand,” Nahla said. For over a decade, she only told a few people she trusted what had happened, but even to this day, she sees the neighbor on the streets. “He’s a criminal. Soon, I will sue him. Now I am strong and I can do this, but not at the time,” she said.
The second instance was seven years ago, when Nahla and a screenwriter met at Starbuck’s in Achrafieh with a group of friends. The two hit it off and talked until midnight, when the man asked Nahla for a ride home. Nahla drove him to his house, but when she refused to go upstairs for a cup of tea once they arrived, he started banging her head on the steering wheel and told her to get out of the car. He forced her to perform oral sex on him before he let her go. She only secretly told a few people this time, again, because she was afraid of her brothers.
The third time happened last year on Christmas day, when Nahla was jogging in a small park next to her house. A Syrian man in his 20s held a knife to her back and took her toward a small valley near the park. Fortunately, she was having her period, and the man did not penetrate her, as menstruation is considered “impure”. This time, she did report the incident to her family right away. “I told my family, ‘I want you to help me. This can happen to you or your child.’ My brothers went to the police station with me and were very nervous because now, they are thinking about their children. They don’t project on me,” she said.
While Nahla has slowly begun to come to terms with her past, there is still society to deal with. Many men, she says, are raised to see women as lesser human beings to simply control and dominate, so that there is a lack of respect. “Even girls sometimes judge me because I’ve been raped. They said, ‘It’s your clothes,’ because these girls are taught that girls must not be open-minded; they learn to be ‘good girls.’ And the other girls who are not following the rules are ‘bad girls’,” she said. “Some of my ex-girlfriends, they judge me because they think I am behind the rapes.”
Nahla says that growing up with violence made her blame herself for what happened. “All the time I have been blaming myself. I suffered for 10 years. I am always choosing the wrong men. Too many men tried to rape me. I felt I was doing the wrong things for 10 years,” Nahla says. But through psychotherapy, she hopes to stop the vicious cycle of self-blame. “[My psychotherapist] said that I’m reacting to my father’s education. I am not choosing. I’m reacting to my childhood.” And by finding a “deep, deep cure” for her psychological wounds, Nahla is sure that she will find her way.
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But there was a darker side. Many of the men at the concert, whether they were random Arab bystanders or “security” guards, were taking the opportunity of the Teddy Afro craze to touch and grab Ethiopian women. Under the pretense of holding back the crowd from initially going near the stage, security guards, as I observed, brazenly and unnecessarily hugged the bodies of these women and groped them, one after another.
Nearby, a random guy with thickly gelled hair in his early thirties kept close to two young Ethiopian women, who were dancing and generally enjoying themselves. He walked up to one of them and put his arm around her waist and tried to pull her toward him. She waved her hand and moved away. He followed her and tried again. Again, she refused and moved away. This happened three times before he gave up and moved on to other groups of dancing women, who were too ecstatic to be on guard. I walked up to the harassed woman and asked her if she knew this guy. Looking scared and angry, she said, “No. He’s crazy. I said no.”
I guess some men there just wouldn’t take no for an answer.
Even more galling, was an older man with a walkie-talkie who kept on getting too close to women who were jumping up and down and singing along. Some women noticed, got annoyed and moved, but this didn’t deter him from leaning against other, inattentive women. His expression was one of lascivious bliss, as if he were saying, “Ah, this is the kind of place I want to be when I die.” I felt disgusted.
How sad that even when a whole event is dedicated to the 40,000 Ethiopian women who live and work in Lebanon, it is still tainted by leering men, driven in equal parts by exoticizing curiosity and blatant lust, who somehow believe that they are entitled to touching and enjoying Ethiopian women’s bodies anytime they want. These men would likely have no problem endorsing the sentiment I heard one man outside the sports center saying to an Ethiopian woman: “Yalla [Let’s go], Sri Lankiyyeh*!”
* Literally, this means “Sri Lankan woman,” and as women from Sri Lanka are the first and most populous of foreign domestic workers in this country, the term, “Sri Lankiyyeh” has simply become a derogatory and racist term for “foreign maid.”
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BEIRUT: A Lebanese non-governmental organization (NGO) lashed out on Thursday at recent comments by the director of General Security, Wafiq Jezzini, accusing him of “humiliating” racism and sexism.
The Collective for Research and Training on Development-Action (CRTD.A) also asked the Lebanese government to clarify what progress had been made in enacting a decree granting free of charge residency permits with up to three years validity to the non-Lebanese husbands and children of Lebanese women.
The decree, proposed by Interior Minister Ziyad Baroud, was approved by Cabinet on April 21, but has not yet come into effect, leading human rights activists to suspect it was being delayed on purpose.
Last week, Jezzini told the Cabinet Baroud’s decree contravened Lebanon’s labor laws and accused non-Lebanese husbands of Lebanese women of entering the country illegally and marrying much older “rich widows” to financially exploit them.
Jezzini, whose remarks were published by Al-Akhbar newspaper on May 14, also claimed that granting complementary residency permits to the non-Lebanese husbands and children of Lebanese women would lead to “social problems.”
Lebanese law permits men to pass on their nationality to their non-Lebanese wives and children but bars women married to non-Lebanese from doing the same. Deprived of state protection and recognition, those without citizenship live in a precarious legal vacuum and cannot benefit from state education or health care, work in the formal economy or vote.
Non-Lebanese husbands and children must apply for costly residency permits on an annual basis or face imprisonment and deportation.
“Giving complementary residency permits would encourage these people to enter Lebanon on the pretext of tourism or work and then not leave,” Jezzini said. “They marry Lebanese women to benefit from the provided facilities and nothing more, and this can lead to social problems and hurt society and the economy.”
He added: “[General Security] has mentioned in previous correspondences that … Lebanon has become a target country for immigrants. This flow is either legal or clandestine … [and] has led to a relatively large number of foreigners living illegally in Lebanon, many of whom – notably Egyptians, Iraqis and Syrians – marry Lebanese women and have children even if they are already married in their native country.
“They do not take age differences into consideration and sometimes marry rich widows because they are looking for a refuge or a way out.”
Roula Masri, gender program coordinator at CRTD.A, said Jezzini’s tone was “humiliating” and “totally offensive.” Jezzini was suggesting that foreign men come to Lebanon to find “old and unmarried women,” she told The Daily Star. The security official also suggested that Baroud’s decree “would give working class men the right to come and marry women who have passed the suitable marriage age and to exploit them,” Masri said.
CRTD.A asked the government to elucidate what progress it had made toward ratifying Baroud’s law. “It’s been a month since the endorsement so it’s unusual that it’s not yet passed into effect,” Masri said, adding that most laws only need two or three weeks to enter into force.
The NGO also issued a statement responding to Jezzini, saying his comments were “offensive to Lebanese women, their husbands, and to the working class.”
It added: “The head of General Security should not have generalized but should rather have focused on determining clear and transparent standards. He should also not have interfered in the personal affairs of the right of Lebanese women to choose their husbands.”
Jezzini’s comments were especially offensive as “dozens of families live in constant fear of being deported,” CRTD.A said. According to Masri, the Iraqi husband of a Lebanese woman was deported on Sunday even though his papers were in order.
مجلس الوزراء أصدر مرسوماً يسمح بإعطاء الأجانب المتزوجين بلبنانيّات إقامات مجاملة. المديريّة العامة للأمن العام تؤكّد الالتزام بالمرسوم. لكن من جهة ثانية، ثمة نساء يشكون قرارات أصدرتها المديرية أخيراً بترحيل أزواجهن غير اللبنانيين
... وزوج حجز تذكرته
لناديا وريتا «زميلات» في لبنان، ثمة قصة عن رجل يحزم في الأيّام القليلة المقبلة، شاب عراقي متزوّج صبيّة لبنانيّة، حقائبه ليرحّل إلى بلاده، من دون أن يعرف إلى أي منطقة في بلاده سيلوذ. فطوني (اسم مستعار) أحب زوجته وتزوّجا. لكن قبل الزواج، وبما أن القانون اللبناني لا يُعطي الحق للمختلفين دينياً بالزواج وفقاً للقانون المدني للأحوال الشخصيّة؛ لجأ الشاب إلى الكنيسة وتعمّد ليتزوّج.