THE SOCIO-ECONOMIC CRISIS AND THE IMPACT ON …

Lebanon Report October 2021

THE SOCIO-ECONOMICCRISIS AND THE IMPACT ON FUNDAMENTAL HUMAN RIGHTS OF REFUGEES AND MIGRANTS

Global Human Rights Defence, Middle East Team.

Contributors: Laura Ferri, Gonçalo Quitério, Angelica Shilova.

Supervision: Juliette Wangen.

October 2021

INTRODUCTION

MIGRANTS AND REFUGEES: DEFINITIONS

THE VIOLATION OF THE RIGHT TO HEALTH OF

REFUGEES

THE VIOLATION OF THE RIGHTS OF MIGRANT

WORKERS

• THE KAFALA SYSTEM

• COVID-19 AND THE BEIRUT BLAST IMPACT

ON MIGRANT WORKERS

THE VIOLATION OF THE RIGHT TO EDUCATION,

REFUGEE CHILDREN

CONCLUSION

Index

INTRODUCTION

Prior to the 1975 civil war, Lebanon experienced an economic boom, where the Gross Domestic 1Product (GDP) was mainly fuelled by the traditional economy, especially agriculture. During this time,

Lebanon had focused on investments in education and had obtained the highest literacy rate among 2

Middle Eastern countries. In the 1990s, following the 15-year war, the economy began to decline not

only because of the effects of the war on the population and infrastructure, but also because of several 3 4

political and regional conflicts that spread across the country, as well as widespread protests. In 1996,

Israel bombed Hezbollah's bases in Southern Lebanon, hitting a UN base and killing more than one 5

hundred civilians. In 2000, Israel withdrew its troops from Lebanon and in 2004, the United Nations

Security Council (UNSC) unsuccessfully demanded Syria and other foreign troops to leave the 6

Lebanese territory.

The assassination of Prime Minister Hariri through a car bomb in 2005 caused heightened political and

civil turmoil and attacks from Israel continued. As a consequence of the Syrian conflict that started in 7

2011, Lebanon faced a significant refugee crisis which increased the population by 30%. Indeed, today

Lebanon hosts more than one million refugees, of which more than half are children, and counts the 8highest percentage of refugees per capita in the world, which has placed further strain on the ongoing

socio-economic crisis.

To worsen the situation, as a result of an explosion of tonnes of ammonium nitrate on August 4th 2020,

one of the largest non-nuclear explosions in history took place at the port of Beirut, completely 9destroying the port, damaging more than 50% of the city and killing 218 people. Shortly after, the

Lebanese pound lost 90% of its value, putting more than 50% of its population into poverty, leaving

300,000 people displaced and causing severe damage to the infrastructure, including healthcare 10facilities, roads and electricity. The ongoing COVID-19 pandemic, contributed to worsening the socio-

economic crisis, placing further strain on the healthcare system and aggravating the human rights

situation of the population, in particular that of migrants and refugees.

1. Jamile Youssef, ‘Lebanon Economic Overview’ [2020] ECESAO Working Paper (WP/2020/1) 1

2. ibid, 2.

3. ibid, 4.

4. Centre for Lebanese Studies, ‘A View from the 1990s: Lebanon’s Street Politics in the First Decade After the Civil War (1989-2000)’ (CLS, 2020) <https://lebanesestudies.com/a-

view-from-the-1990s-lebanons-street-politics-in-the-first-decade-after-the-civil-war-1989-2000/> accessed 18 September 2021 (CLS).

5. BBC World News ‘Lebanon Profile - Timeline’ (BBC, 2018) < https://www.bbc.com/news/world-middle-east-14649284> accessed 17 September 2021.

6. ibid.

7. Nadine K. Jawad et al, ‘Refugee Access to COVID-19 Vaccines in Lebanon’ [2021] 397(10288) 1884.

8. Fouwad M. Fouwad et al, ‘Vulnerability of Syrian Refugees in Lebanon to COVID-19: Quantitative Insights’ [2021] 15(13) Conflict and Health.

9. Human Rights Watch, ‘They Killed Us from the Inside’ (HRW, 2021). <https://www.hrw.org/report/2021/08/03/they-killed-us-inside/investigation-august-4-beirut-blast> accessed

23 September 2021.

10. CLS (n 4).

Lebanon Reportwww.ghrd.org October 2021

This report examines the human rights situation of the vulnerable and marginalized groups of

Lebanon: refugees and migrants, focusing on the right to medical care inside and outside the COVID-

19 context; the treatment of migrant workers; and the condition of refugee children. In particular,

Section 1 of this report analyses the violation of the right to health, protected by several international

human rights law instruments, and the consequences on the Syrian and Palestinian refugee

population. Section 2 outlines the human rights violations of migrant workers, shedding light on

Lebanon's labour law compliance with international human rights standards and the application of

the Kafala system. Section 3 then focuses on the situation in the Syrian refugee camps, illustrating the

human rights violations and, more specifically, the difficult situation of refugee children.

Political graffiti in front of the scene of the explosion of August 4th 2020 © Source: 2020 AP Photo/Hussein Malla.


MIGRANTS AND REFUGEES: DEFINITIONS

For this report, it is important to start by defining who is a refugee and who is a migrant. First, according

to the 1951 Refugee Convention, a refugee is a person, located outside of his/her country of nationality

or residence, who has a well-founded fear of persecution because of (i) his/her race; (ii) religion; (iii) 11

nationality; (iv) membership in a particular social group; (v) political opinion. In addition, the person

must be unable or unwilling to obtain protection from his/her country or to return to his/her country

because of the fear of persecution where their life or freedom is at risk based on the aforementioned 12

discriminatory basis. Second, a migrant is any person located outside his/her country of citizenship, 13

nationality or residence. It is a neutral term to describe a group of people who, as a common .14

characteristic, lack citizenship attachments to their previous host country However, this is with no

prejudice to the international legal regimes in place to protect specific legal categories of people such 15

as refugees, trafficked persons, stateless persons or migrant workers. The latter category refers to a

group of persons who “is to be engaged, is engaged or has been engaged in a remunerated activity in a 16State of which he or she is not a national.”

11. Joan Fitzpatrick, ' Revitalising the 1951 Refugee Convention ' [1996] 9(229) Cambridge University Press.

12. ibid.

13. Office of the United Nations High Commissioner for Human Rights, ‘Differentiation between Migrants and Refugees’ (OHCHR, 2018)

<https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/MigrantsAndRefugees.pdf> accessed 24 September 2021,

14. ibid.

15. ibid.

16. UN General Assembly, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (18 December 1990) A/RES/45/158, article

1(1).


THE VIOLATION OF THE RIGHT TO HEALTH OF REFUGEES

17Lebanon is a party to several international human rights instruments protecting the right to health.

The country's socio-economic crisis, worsened by the 2020 Beirut Blast and the COVID-19 pandemic,

undeniably affected the right to health of its population and, in particular, of disadvantaged and .18

marginalized groups, such as refugees

The 1946 World Health Organization (WHO) Constitution and the International Covenant on Economic,

Social and Cultural Rights (ICESCR) state that the highest attainable standard of physical and mental 19

health is a fundamental human right of all human beings. In article 25, the Universal Declaration on

Human Rights (UDHR) declares that everyone has the right to a standard of living adequate and 20

medical care for his or her own health and well-being. The right to health includes the right to timely,

accessible and affordable medical care of appropriate quality as well as those rights which are

determinants of health, such as (i) the right to safe food and water; (ii) the right to sanitation; (iii) the 21

right to housing; and (iv) the right to health-related education and information. Therefore, states have

a legal obligation to protect the right to health of every person living in their territory, without 22

discrimination. Indeed, a health protection system must exist to ensure that everyone has equal 23opportunities with regard to obtaining the highest attainable level of healthcare. Because states may

have resource constraints or encounter obstacles, it may take time to achieve a full realization of the 24right to health. This is why the right to health is subject to progressive realization, meaning that states

have the minimum obligation to make “every possible effort within available resources, to better 25 protect and promote all rights.”

26 The right to health has four main components. First, there must be available, meaning a sufficient

coverage and quantity of healthcare facilities, goods, services and programmes, independent from 27socio-economic status, age, health and location. Second, there must be accessibility, encompassing

28physical accessibility, economic accessibility and non-discrimination. Third, there must be

acceptability, which concerns the respect for international medical ethics standards and sensitivity to 29cultural and gender-related issues. Fourth, medical care must be of quality, meaning, inter alia, it

30must be safe, effective, equitable, timely, and efficient.

17. Article 2 of the Convention on the Rights of the Child of 20 November 1989, ratified on 14 May 1991; Article 5 on the International Convention on the Elimination of all Forms of

Racial Discrimination of 7 March 1966, ratified on 12 November 1971, Articles 12 and 14 of the Convention on the Elimination of All Forms of Discrimination against Women of 17

December 1979, ratified on 16 April 1997.

18. Youssef (n 1) 1-2.

19. UNGA ‘Constitution of the World Health Organization’ 17 November 1947, A/RES/131 (WHO Constitution); UNGA ‘International Covenant on Civil and Political Rights’ [1966] UNTS

999(171) article 12.

20. UNGA ‘Universal Declaration of Human Rights’ [1948] UNTS 217 A (III) article 25.

21. WHO Constitution (n 19).

22. ibid.

23. ibid.

24. OHCHR, WHO ‘The Right to Health, Factsheet No. 31’ (OHCHR, 2008) 22.

25. ibid.

26. CESCR ‘General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12 of the Covenant)’ [2000] E/C.12/2000/4.

27. ibid.

28. ibid.

29. ibid.

30. ibid.


31Before the 2020 Beirut Blast, which damaged 36% of Lebanon's health facilities, and the COVID-19

pandemic, the country's health system was already challenged by the continuous influx of Palestinian

and Syrian refugees. This was particularly the case between 2011 and 2013, when, as a result of

incoming refugees, Lebanon's population increased by 30%, putting pressure on the domestic 32economy and public health services. Weak integration policies and the constant political turmoil have

33failed to help Lebanon succeed in providing effective and equal access to healthcare for refugees.

Additionally, in 2019, following the “October Revolution” popular uprising, a hospital crisis severely

endangering the population's access to health services started to emerge, resulting in poor medical

care for Lebanese people and even worse medical care for refugees, considering that 82% of Lebanon's 34

healthcare capacity is composed of private hospitals and clinics, and 53% of the population have no 35

regular health coverage. The decrease of livelihood opportunities for refugees in Lebanon, a

consequence of the socio-economic crisis and the COVID-19 pandemic, affects the ability of refugees to 36

access even the most basic health services. The access to healthcare of Syrian and Palestinian

refugees in Lebanon is mainly managed by the United Nations High Commissioner for Refugees

(UNHCR), the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) 37and the Palestine Red Crescent Society. In addition to providing basic medical care themselves, the

aforementioned organisations contract with health centres to make healthcare free for refugees or 38accessible at a subsidized rate. However, issues arise particularly for undocumented refugees who, in

order to access healthcare in Lebanon, must present proof of identity, further decreasing the 39opportunity to obtain appropriate medical assistance.

31. Jawad (n 7).

32. Gizem Nazlican Guner ‘Political Economy of Healthcare and Forced Migration in Developing Countries: Assessment of Syrian Refugees’ Access to Healthcare in Jordan, Lebanon

and Turkey’ [2021] SSRN

33. Youssef (n 1).

34. Human Rights Watch ‘Lebanon: Hospital Crisis Endangering Health’ (HRW, 2019) accessed 17 September 2021 (HRW).

35. Myriam Mehanna ‘COVID-19 and the Right to Health in Lebanon: Charity Logic the Sidelining of State’ (The Legal Agenda, 2021) <https://english.legal-agenda.com/covid-19-and-

the-right-to-health-in-lebanon-charity-logic-the-sidelining-of-state/> accessed 15 Sept. 2021.

36. ibid.

37. ibid.

38. ibid.

39. ibid.

Syrian refugees in Lebanon living in poor health conditions © Source: 2014 Reuters


The COVID-19 pandemic brought further challenges to access to medical care. While Lebanon already

struggles with providing an adequate standard of healthcare for their own population, refugees are

particularly neglected in terms of medical care, especially since the start of the pandemic. Indeed,

public health interventions in refugee camps are significantly scarce and, therefore, the vulnerability of

refugees to COVID-19 and other health conditions in Lebanon continues to remain alarmingly high.

This is also due to the living conditions in highly dense refugee camps with low access to clean water, 40

safe food, sanitation and hygiene services. As a result, COVID-related deaths in refugee camps in 41Lebanon in 2020 were four times the national average. In addition, access to vaccines for refugees is

currently very scarce, because Lebanon neglected to take the refugee population into account in the

necessary vaccination schemes. Because of Lebanon's struggle with the current socio-economic crisis

and its focus on vaccinating its own population, it is NGOs and international organisations who ensure 42that the most vulnerable get prioritised vaccinations at refugee camps.

To conclude, Lebanon is generally failing to fulfil its obligations under international law concerning the

fundamental right to healthcare access of refugees. Pressured by the severe socio-economic crisis, the

consequences of the 2020 Beirut Blast on the healthcare system, and the current COVID-19 pandemic,

Lebanon struggles to ensure equitable access to healthcare to both its own population and refugees.

Therefore, it discriminates against the marginalized and most vulnerable. Although the ICESCR

specifies that, because of the possible limitations posed by resource availability and other external

factors, the right to health may be progressively achieved, it still imposes obligations on member 43 states that are of immediate effect. For example, Lebanon must take deliberate, concrete, and

targeted steps, and is therefore required to take “legislative, administrative, budgetary, judicial, 44promotional and other measures” towards the full realization of the right to health for all people.


THE VIOLATION OF THE RIGHTS OF MIGRANT WORKERS

In the last two years, there was a drastic increase in extreme poverty, such that Lebanese households

were unable to afford basic services such as food, water, electricity, internet, and, as analysed in the 45

previous section, health. As the Lebanese pound continues to depreciate, employers are finding it 46

difficult to pay their staff. Domestic migrant workers are excluded from Lebanon's labour law, and the

limitations imposed by the Kafala system have led to job loss, homelessness, inability to return to

home, and discrimination in access to medical care and information.

THE KAFALA SYSTEM

In Lebanon, the Kafala system began as a way to control migration, where foreigners could gain short-

term employment for projects in the host country. The roots of the system were meant for hospitality, 47

“kafala” meaning “guarantee” in Arabic. The system was based upon a sponsorship, where the

“kafeels”, sponsors of the workers, would protect them. The workers were supposed to be taken care

of, and have their safety and well-being ensured. However, it became a source of discrimination and 48

violence.

The Kafala system is excluded from labour laws. This sponsorship system tied migrant workers' legal

residency to their employer. It was reported that employers took excessive control over the workers'

lives, which led to restricted movement and communication, excessive working hours, forced 49

confinement, deprivation of water and food, and physical, verbal, and sexual abuse. Migrants' .50

freedom and basic human rights were completely disregarded There was often persistence in

discrimination and violence, where migrants were confined to the residency of their employer and with

their passports taken from them. The Kafala system is thus clearly a source of discrimination and 51violence.

45. UN News, ‘Around 1.5 million Lebanese in need, top UN humanitarian official there warns’ (United Nations, June 14 2021) <https://news.un.org/en/story/2021/06/1094002>

46accessed 15 September 2021.

46. Wael Taleb, ‘Lebanese economic crisis imperils migrant domestic workers’ (Al-monitor, March 31 2021) <https://www.al-monitor.com/originals/2021/03/lebanese-economic-crisis-

imperils-migrant-domestic-workers#ixzz76XemyzSv> accessed 15 September 2021.

47. The word kafala traces back to Islamic jurisprudence on legal guardianship and other matters. Kafala refers to “a contract where a guarantor conjoins a guaranteed person

(makfūl) and assumes liability for that person in various specified terms. Kafala is meant to provide an assurance of the fulfilment of an obligation of the guaranteed person”. Ray

Jureidini & Said Fare Hassan, ‘The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform’ in Migration and Islamic Ethics (The Netherlands:

Brill 2019), p 94.

48. Kali Robinson, ‘What Is the Kafala System?’ (Council of Foreign Relations) <https://www.cfr.org/backgrounder/what-kafala-system> accessed 5 October 2021.

49. Those who left their employers without “permission” risked losing their legal residency in the country and facing detention and deportation. The previous contract only made

exceptions for workers in extreme cases of abuse, with the burden of proof falling on the worker, effectively leaving workers trapped, including in situations of forced labour”,

Amnesty, ‘Lebanon: Blow to Migrant Domestic Worker Rights’ (Amnesty, October 30 2020) <https://www.amnesty.org/en/latest/press-release/2020/10/lebanon-blow-to-migrant-

domestic-worker-rights/> accessed 23 September 2021.

50. Harvard International Review, ‘Modern Day Slavery: the Kafala System in Lebanon’ (HIR, December 21 2020) <https://hir.harvard.edu/modern-day-slavery-the-kafala-system-in-

lebanon/> accessed 15 September 2021.

51. United Nations Human Rights Office of the High Commissioner, Experts of the Committee on the Elimination of Racial Discrimination Ask Lebanon about the Kafala System for

Migrant Domestic Workers, the Absence of a Definition of Racial Discrimination, and the Treatment of Refugees (OHCHR, August 11 2021) accessed 15 September 2021.


In 2020, the Labour Ministry adopted a new standard unified contract. This contract would protect and

advance workers' rights as it includes vital safeguards against forced labour. It allows workers to

terminate without notice if they are subjected to any form of abuse or if the employer does not abide by

any of the contract's provisions. Either party can terminate the contract without notice in case of .52unforeseen events beyond their control that prevent them from completing the contract period This

contract would have helped to fight the conditions that lead to forced labour and servitude, and would

have been the first step towards the abolishment of the Kafala system, if it had not been suspended by 53 the Lebanese State Shura Council. The Syndicate of the Owners of Recruitment Agencies submitted a

complaint to block and annul the contract. This was due to the fact that the contract “comprised severe 54

damage to the agencies' interest”. During this suspension, not one reference was made to the rights 55

of migrant domestic workers.

Lebanon has a duty to protect the rights of migrant domestic workers and to ensure equal protection

under the law. Lebanon has been a party to two International Labour Organisation (ILO) Conventions

pertaining to the protection of migrant domestic workers: Convention No. 105 on the Abolition of

Forced Labour and Convention No. 111 concerning Discrimination with Respect to Employment and 56

Occupation. However, excluding domestic migrant workers from legal protection is a clear illustration

of Lebanon's failure to meet international human rights standards. The current Kafala system is lacking

vital safeguards against forced labour. Rather than advancing the rights of migrant domestic workers,

it is currently failing to uphold international human rights law.

COVID-19 AND THE BEIRUT BLAST IMPACT ON MIGRANT WORKERS

57There are currently 400,000 migrant workers living in Lebanon, and around 250,000 are domestic

workers. Many migrant workers have lost their jobs because of the extremely difficult situation

Lebanon is facing. As a result of being deprived of their livelihood, thousands of migrant workers are

stranded, lacking the financial and legal support to leave Lebanon. This has led to many living in 58

unsanitary conditions. Moreover, workers have been abandoned by their employers in front of 59

consulates and embassies, without pay or a flight back home.

52. Human Rights Watch, 'Lebanon: New Safeguards for Migrant Domestic Workers' (HRW, September 18 2020) <https://www.hrw.org/news/2020/09/18/lebanon-new-safeguards-

migrant-domestic-workers> accessed 16 September. 21. The new standard unified contract also allows workers the right to retain their identification documents at all times, to

own a phone and communicate freely. The right to a healthy and safe working and living environment is also protected. Additionally, workers are allowed to terminate their

contract without the consent of their employer and key labour guarantees are provided such as a 48-hour work week, a weekly rest day, overtime pay, sick pay, annual leave, and

the national minimum wage.

53. United Nations Human Rights Office of the High Commissioner, 'Experts of the Committee on the Elimination of Racial Discrimination Ask Lebanon about the Kafala System for

Migrant Domestic Workers, the Absence of a Definition of Racial Discrimination, and the Treatment of Refugees' (OHCHR, August 11 2021) accessed 15 September 2021.

54. he International Labour Organization found that almost 90% of the migrant domestic workers are recruited through an agency. These agencies bring workers through partner

agencies in the country of origin or through their own representatives abroad. The agency then charges employers high recruitment fees (recruitment fees depend on the

income of the employer and the nationality of the worker). Additionally, some agencies ask the employer to pay the first month's fee to them rather than the worker. There have

been reports of agencies subjecting workers to verbal and physical abuse, forced labour, and human trafficking. See, Amnesty, 'Lebanon: Blow to Migrant Domestic Worker

Rights' (Amnesty, October 30 2020) <https://www.amnesty.org/en/latest/press-release/2020/10/lebanon-blow-to-migrant-domestic-worker-rights/> accessed 23 September 2021.

55. Amnesty, 'Lebanon: Blow to Migrant Domestic Worker Rights' (Amnesty, October 30 2020)<https://www.amnesty.org/en/latest/press-release/2020/10/lebanon-blow-to-migrant-

domestic-worker-rights/> accessed 23 September 2021.

56. International Labour Organization (ILO), Abolition of Forced Labour Convention, C105, 25 June 1957, C105 <https://www.refworld.org/docid/43fdeb602.html> accessed 24

September 2021, International Labour Organization (ILO), Discrimination (Employment and Occupation) Convention, C111, 25 June 1958, C111. See also, Human Rights Watch,

'Lebanon: Abolish Kafala (Sponsorship) System' (HRW, July 27 2020)

57. GCHR, ‘Migrant workers still face widespread violations of their civil and human rights across the Middle East’ (GCHR, March 25 2021) < https://www.gc4hr.org/news/view/2656>

accessed 15 September 2021.

58. International Organization for Migration, ‘Lebanon Crisis Response Plan 2021’ (IOM, March 12 2021) accessed 15 September 2021.

59. ibid.


The lockdown in Lebanon has also worsened the working conditions. The hours worked by domestic 60workers have become much longer, and the demands by employers have become unrealistic. Additionally,

61problems circulate around vaccine supply and equitable distribution. Without identification papers or a

residency permit, foreigners and refugees cannot register for a vaccination. Accurate and up-to-date

information about the vaccine and registration for the vaccine has failed to be provided for migrant 62 63workers. Furthermore, migrant workers were not able to access information in their native language.

Moreover, it is reported that workers are facing discrimination in receiving aid after the Beirut blast, 64because Lebanese nationals have priority. The Kafala system puts migrant workers in a socio-economic

position far below the Lebanese citizen. Migrant workers depend on employers to provide them with legal

residency status, and workers without Lebanese nationality are not entitled to health coverage. As

unemployment continuously rises, thousands of migrant workers are deprived of legal status and 65healthcare. The right to non-discrimination is protected by the Convention on the Elimination of All Forms

66of Racial Discrimination (CERD), and the ICESCR. Lebanon has obligations under international law to 67ensure that discrimination is not indirectly embedded in laws, policies or practices. However, Lebanon is

violating its obligations under CERD and ICESCR by discriminating based on national origin and residency

status.

During the financial crisis and the COVID-19 pandemic, the hardship and vulnerability of domestic migrant

workers have been further exacerbated. While steps are being made to reform the Kafala system, it is

severely important that the unified standard contract be implemented. Labour law protections must be put

into place for migrant domestic workers in order to fully protect and respect their rights. Moreover, the

Lebanese government has a responsibility to provide clear written information about registration for the 68vaccine in order to promote the right to health.

60. Anchal Vohra, ‘‘No one cares’: Lebanon’s financial crisis and domestic workers’ (Aljazeera, April 11 2021) <https://www.aljazeera.com/news/2021/4/11/lebanons-economic-crisis-and-its-domestic-

workers> accessed 23 September 2021.

61. Aya Iskandarani, ‘Lebanon's migrant workers queue for vaccines in Covid-19 marathon’ (MENA, August 26 2021) <https://www.thenationalnews.com/mena/lebanon/2021/08/26/lebanons-

migrant-workers-queue-for-vaccines-in-covid-19-marathon/> accessed 16 September 2021.

62. Human Rights Watch, ‘Lebanon: Refugees, Migrants Left Behind in Vaccine Rollout’ (HRW, April 6 2021) <https://www.hrw.org/news/2021/04/06/lebanon-refugees-migrants-left-behind-vaccine-

rollout> accessed 15 September 2021.

63. Anti-Racism Movement Lebanon, ‘No Herd Immunity without Vaccines for Migrant Workers’ (armlebanon, March 18 2021) <https://armlebanon.org/content/no-herd-immunity-without-vaccines-

migrant-workers> accessed 17 September 2021.

64. Amandla Thomas-Johnson, ‘Beirut explosion: Gambia accused of ignoring plight of domestic workers stuck in Lebanon’ (Middle East Eye, August 21 2020) <https://www.middleeasteye.net/beirut-

explosion-gambia-domestic-workers> accessed 23 September 2021.

65. Human Rights Watch, ‘Lebanon: Abolish Kafala (Sponsorship) System’ (HRW, July 27 2020) <https://www.hrw.org/news/2020/07/27/lebanon-abolish-kafala-sponsorship-system> accessed 25

September 2021.

66. UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, United Nations, Treaty Series, vol. 660, p. 195.

67. Human Rights Watch, 'Lebanon: Refugees, Migrants Left Behind in Vaccine Rollout' (HRW, April 6 2021) <https://www.hrw.org/news/2021/04/06/lebanon-refugees-migrants-left-behind-vaccine-


68. Human Rights Watch, 'Lebanon: Refugees, Migrants Left Behind in Vaccine Rollout' (HRW, April 6 2021) <https://www.hrw.org/news/2021/04/06/lebanon-refugees-migrants-left-behind-vaccine-


Kenyan workers demanding repatriation wait outside the Kenyan consulate in Beirut © Source: 2020 APF / France24


THE VIOLATION OF THE RIGHT TO EDUCATION,REFUGEE CHILDRENAlthough the socio-economic crisis is affecting the Lebanese people in general, the effects on the lives of

Syrian refugees in the country have been significantly higher. In particular, the rights of refugee children are

severely impacted. Their fundamental right to education was and continues to be seriously violated.

69Despite having one of the highest numbers of refugees in the world, the Lebanese government has not

developed any program or system intended to provide support to and integrate Syrian refugees. This lack of

action by the Lebanese authorities can be explained by two main reasons. First, Lebanon did not participate 70in the Refugee Convention of 1951, and also decided not to sign the convention nor its protocol, thus

71avoiding the obligation to give refugee status to anyone who seeks it in their land. Second, the 2015 and

2019 Lebanese Crisis Response Plans (LCRP), a joint plan between the Government of Lebanon and its

international and national partners, state that “Lebanon implements some provisions of the Convention

voluntarily and considers that granting the refugee status to individuals lies within its margin of discretion.”

Thus, the plan emphasizes that Lebanon does not have any legal obligation regarding refugees, and

implements its policies based on its own discretion, basically claiming that the country is not an ultimate 72destination for refugees, an asylum country, or a resettlement country.

It is clear that due to these governmental actions and the consequent poor conditions in which the refugees

are forced to live, the situation of Syrian refugees in Lebanon is complex and has been aggravated by the 73socio-economic circumstances Lebanon is currently facing. For children, and their fundamental right to

education, these conditions have been even worse.

From a legal perspective, the Lebanese Law 686 of 1998, which amended Article 49 of Decree No. 134/59 of

the Lebanese Constitution, states that “Public education is free and compulsory in the primary phase and is ”74a right for every Lebanese of primary education age. Deeply analysed, this law underlines that free

education is only guaranteed to Lebanese students, and therewith explicitly excludes the educational rights

of any other children living in Lebanon with another official nationality. This means that Syrian children,

inter alia, are not covered by this protection. Hence, this provision goes against article 28 of the Convention 75 76 on the Rights of the Child – ratified by Lebanon in 1991 – which provides that State Parties must recognise

the right of the child to education. By not following these articles, Lebanon maintains legislation that

contradicts international conventions and dramatically affects the right to access quality education for all

children. Indeed, the fact that Lebanon is not a party to the Refugee Convention allows it to enjoy freedom

from accountability in providing education for Syrian children since it does not recognise their refugee

status.

69. Eirik Christophersen, 'These 10 countries receive the most refugees' (Norwegian Refugee Council, June 2021)<https://www.nrc.no/perspectives/2020/the-10-countries-that-receive-the-most-refugees/>

accessed 13 September 2021.

70. Maja Yanmyr, 'The Legal Status of Syrian Refugees in Lebanon' (Semanthic Scholar, 2016) <https://www.semanticscholar.org/paper/The-Legal-Status-of-Syrian-Refugees-in-Lebanon-

Yanmyr/b72e8ed2635c41999a17ff81c03462fa097f0be6> accessed 13 September 2021

71. Zeinab Cherri and others, 'The Lebanese–Syrian crisis: impact of influx of Syrian refugees to an already weak state' [2016] 9(165) Risk Management and Healthcare Policy.

72. Gertrude Morgan Dadzie, 'Healthcare Accessibility for Syrian Refugees: Understanding Trends, Host Countries' Responses and Impacts on Refugees' Health' [2017] University at Albany, State University of

New York.a

73. Ola G. El-Taliawi and Tamirace Kakhoury, 'What the Beirut Blast means for Lebanon's Refugees' (The Cairo Review of Global Affairs,September 2020) <https://www.thecairoreview.com/essays/what-the-

beirut-blast-means-for-lebanons-refugees/> accessed 13 September 2021.

74. Amnesty. 'Lebanon: Limitations on Rights of Palestinian Refugee Children. Briefing to the Committee on the Rights of the Child 42nd session of the Committee on the Rights of the Child (the Committee),

May-June 2006: Comments by Amnesty International on the compliance by Lebanon with its obligations under the Convention on the Rights of the Child (the Convention)'. (Amnesty, June 2006 )

<https://www.amnesty.org/en/wp-content/uploads/2021/08/mde180042006en.pdf>

75. Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in

accordance with article 49. available <https://www.ohchr.org/en/professionalinterest/pages/crc.aspx> accessed 13 September

76. United Nations Human Rights Treaty Bodies, 'Ratification Status for Lebanon' (OHCHR) <https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=92&Lang=EN> accessed 12

September 2021.


In addition to the absence of refugee status for Syrian children, the obligation of Syrian families to pay

all expenses linked to education will have a strong negative impact on the financial resources of their 77

families. In order to sustain their family and face the economic crisis, Syrians, in general, hold jobs

where they get paid very little for the long working hours in bad conditions, and many parents need to

send their children to work or the children themselves prefer to support their families than go to 78 school. Furthermore, the cost of education in Lebanon is high, and every expense related to

education, such as schoolbooks, uniforms or transportation to school, are not funded by the state and 79consequently are too expensive in comparison to what the Syrian families can afford.

Syrian refugee children at a Syrian refugee camp in Lebanon's Bekaa Valley. © Source: 2018 AP News

According to some authors, there are also non-financial reasons that influence the lack of access to 80

education. Often, the children get placed into classes with students of their own age. However,

considering the fact that they have likely missed school in Syria, they cannot keep up with the students 81

in their class. Therefore, these children need education on the level they have, instead of education

on the level they should have. Moreover, there is a lot of tension between peers at school. First,

because of the likelihood that the Syrian students are traumatized from what they have experienced in

Syria. Second, because the classes are mainly taught in French and English – unlike in Syria, where they 82are taught in Arabic.

77. Selcuk Sirin and Lauren Rogers-Sirin, 'The educational and mental health needs of Syrian refugee children ' [2015] Migration Policy Institute 13.

78. Lebanon Crisis Response Plan. Plan 2017–2020. Government of Lebanon and United Nations. available https://lebanon.un.org/en/102825-lebanon-crisis-response-plan-2017-

2020 accessed 13 September 2021.

79. ibid (n 72).

80. ibid.

81. ibid.

82. ibid (Sirin & Rogers-Sirin, 2015).


Lastly, but most importantly, without official identity documentation, no child is allowed to attend

school. These papers consist of both governmental refugee registration papers and proof of previous

education. However, many Syrians do not have these documents and are afraid to approach the

Lebanese officials. Therefore, many Syrian refugees remain unregistered. Moreover, as of May 2016,

the UNHCR suspended the official registration of refugees, meaning that all refugee children arriving

in Lebanon after this moment in time do not have any chance of entering the Lebanese school system.

Despite the dire circumstances, the Lebanese government has not completely ignored the demand

for improvement of education for Syrian refugee children. For instance, Lebanese authorities created

a second shift in school days, specially created for the refugees and to overcome the shortage of

school spaces. In addition, some teachers changed their courses to Arabic instead of teaching them in

French and English.

In Beirut, in the last years, to try to fill the gap in terms of education for Syrian refugees, some NGOs

launched educational programs. Even though these initiatives are well-intentioned and undoubtedly

make a difference, this is not enough. Despite the efforts of the volunteers and school workers to

provide access to education, many problems make these projects fail. Frequently, these educational

programs created by NGOs do not get any funding, and sometimes the NGO fails to meet the formal

requirements to be registered as an NGO. Additionally, some of these organisations are located in

small apartments or small storehouses and only teach a small number of students at a time. With the

increasing enrolment of students, there is limited capacity, resulting in a lengthy waitlist.

Another problem for the schools run by NGOs is that teaching in Arabic has its challenges since

science and mathematics are the subjects that get taught in English and French and teachers are not

used to the new terminology. Likewise, some of the volunteers of these organisations or even

Lebanese teachers at schools usually have not been trained to work with traumatised children and

might not be able to give them the help and care they need.

An alternative solution to these problems seems to be the appointment of Syrian teachers.

Nonetheless, with the current “non-status” of Syrian refugees and the fear, from some Lebanese

political parties, of the 'normalisation' of Syrians living in Lebanon through obtaining the status of 91Lebanese citizens, Syrians are not allowed to teach in schools.

Altogether, it is clear that the educational situation for Syrian refugee children in Lebanon requires

significant improvement in order to guarantee the safeguard of the right to education. Indeed, the

Lebanese Law still does not include the right to education for Syrian refugees and, therefore,

maintains legislation contradicting international conventions.

83. Filippo Dionigi, 'The Syrian Refugee Crisis in Lebanon: State Fragility and Social Resilience' [2016] London School of Economics 16.

84. ibid (n 72).

85. ibid (n 65).

86. ibid (n 63).

87. Comments by workers of an NGO in Beirut, 26 Letters, in an online event “The impact on NGOs in the education of Syrian Refugees” on 4th December 2020.

88. ibid.

89. ibid (n 63).

90. ibid.

91. ibid (n 72).


As governmental decisions could make a substantial difference, the Lebanese Government should

amend its legislation to ensure the chance for every Syrian refugee child to receive an education.

Moreover, an amendment in the legislation will not only guarantee the right to education to Syrian

children refugees, but also ensure protection against economic exploitation and from performing any

work that is likely to be hazardous or to interfere with the education, or to be harmful to the child's

health or physical, mental, spiritual, moral or social development.


CONCLUSION

Lebanon has been struggling to provide basic human rights to the marginalized and most vulnerable

people on its territory due to the pressure of the current socio-economic crisis. This has been further

exacerbated by the consequences of the Beirut blast and the ongoing COVID-19 pandemic. The

government's inability to provide for these groups of people has resulted in inequalities in access to

healthcare, violations suffered by domestic migrant workers proliferated by the Kafala system, and the

denial of the right to education for Syrian refugees. The aim of this report was to examine the current

human rights situation in Lebanon. It has been observed that should the government fulfil its

obligations under international law: this would allow Lebanon to better guarantee education for all

children, a more solid workforce, and protect the right to health. This would ensure the protection of

fundamental human rights.


www.ghrd.org

Lebanon ReportOctober 2021