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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF LEBANON
24 May 2006
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24 May 2006
The Committee on the Rights of the Child today considered the third periodic report of Lebanon on how that country is implementing the provisions of the Convention on the Rights of the Child.
In an introductory statement, Gebran Soufan, Permanent Representative of Lebanon to the United Nations Office at Geneva, quoted the French writer Andre Malraux who said that it required 60 years to make a man. If that were true, the road map started with childhood. But not any childhood: a childhood that enjoyed special safeguards, care and attention. That was not lip service, but a matter of values, sacred to the Lebanese, which had constituted during years of distress an antidote to abuse, maltreatment and exploitation of childhood, through a good family environment and parental care. Lebanon realized its shortcomings and pledged to do better in securing the rights of the child. Improving living conditions of children was an ongoing process.
Introducing the report was Elie Mekhael, Head of the Delegation and Secretary General of the Higher Council of Childhood, who said that Lebanon was fully committed to the principles and values embodied by the Convention on the Rights of the Child. Lebanon had drawn up several laws to benefit children, as well as regulations and other decrees, including decrees on free education and juvenile justice. The role of the Higher Council of Childhood had been elaborated to become an umbrella mechanism for coordinating efforts on children. Regarding the age of marriage, Lebanon had not been able to change that situation, owing to the laws regarding personnel status by religion. Yet they had been able to make head way in terms of public opinion in the area and had, notably, raised the age for mandatory public education to 15.
Experts raised questions related to, among other things, the lack of a systematic registration system for Palestinian children, the development of a unified personal status law, marriage age, forced marriages, honour crimes, the dependence of the health-care system on the private sector, the continuing existence of regional disparities in both education and health care for children, and the situation of street children, as well as efforts to address malnutrition, abuse and neglect.
In preliminary concluding remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani, the Committee Expert who served as country Rapporteur for the report of Lebanon, noted that the mere fact that the delegation was here to present its third periodic report was in itself testimony to the State party’s commitment to the Convention. She recommended that Lebanon continue to review and amend its legislation to bring it in line with the Convention, and to ensure that those laws were implemented. Lebanese children needed an independent monitoring and reporting system, whether that be through a national children’s ombudsman or through another mechanism. She noted that there still was a considerable dependence on the private sector for services such as health and education. While that was not bad in and of itself, it raised concerns about disparities in access to such services.
The Committee will release its formal, written concluding observations and recommendations on the report of Lebanon towards the end of its three-week session, which will conclude on 2 June.
Also representing the delegation of Lebanon were representatives of the Ministry of Public Health, the Ministry of Education and Higher Education, and the Ministry of Justice, as well as representatives of Lebanese non-governmental organizations.
As one of the 192 States parties to the Convention, Lebanon is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.
When Chamber A of the Committee reconvenes at 10 a.m. on Friday, 26 May, it will consider the initial reports of Iceland on the two Optional Protocols of the Convention on children and armed conflict, and on the sale of children, child prostitution and child pornography (CRC/C/OPAC/ISL/1 and CRC/C/OPSA/ISL/1).
Report of Lebanon
The third periodic report of Lebanon (CRC/ C/129/Add.7) notes that since its first report in 1994, Lebanon has realized positive steps and important achievements within the framework of legislation related to the improvement of the situation of children in many fields. These include a law authorizing the ratification of International Labour Organization (ILO) Convention No. 182, related to the elimination of the worst forms of child labour; a decision regulating preschool and primary education in public schools that stipulates, among others, that employees in the education sector are prohibited from inflicting physical punishment on pupils or from inflicting verbal retribution that is humiliating and is against the principle of education and personal dignity; a law authorizing the ratification of ILO Convention No. 138 on the minimum age for admission to employment; a law authorizing the ratification of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography; a decision exempting children in preschool and in first and second grades of primary education in public schools from payment of registration fees; and a law making education compulsory and free till the age of 12. In addition, since 2001, the Higher Council for Childhood is the national body entrusted with following up on and coordinating the implementation of the Convention on the Rights of the Child, in collaboration with international organizations.
The age of 18 is the official age for adulthood in Lebanese legislation. However, in all matters related to personal status, and especially in marriage and related issues, Lebanese citizens are subject to the religious laws set forth by their respective religious authorities. The Lebanese State has recognized 18 official religious groups. Article 9 of the Lebanese Constitution has ensured the respect of the personal status laws of each of these groups, including the right of the independence of their judicial courts and legislation. Therefore, the minimum age for marriage differs from one person to another depending on their religion. The age of marriage differs also between males and females in the same religious group. Early marriage still exists in Lebanon in law, but in practice limited numbers are registered, and in specific villages.
Presentation of Report
GEBRAN SOUFAN, Permanent Representative of Lebanon to the United Nations Office at Geneva, quoted the French writer Andre Malraux who said that it required 60 years to make a man. If that were true, the road map started with childhood. But not any childhood: a childhood that enjoyed special safeguards, care and attention. That was not lip service, but a matter of values, sacred to the Lebanese, which had constituted during years of distress an antidote to abuse, maltreatment and exploitation of childhood, through a good family environment and parental care. Lebanon realized its shortcomings and pledged to do better in securing the rights of the child. Improving living conditions of children was an ongoing process. He looked forward to a very constructive dialogue with the Committee.
ELIE MEKHAEL, Head of the Delegation and Secretary-General of the Higher Council of Childhood, presenting the report, said that Lebanon was fully committed to the principles and values embodied by the Convention on the Rights of the Child. The social and economic circumstances in the country could only be called difficult. The war had left difficult economic conditions and a national administration that was weak. Nevertheless, that had not undermined the will of the Lebanese people to improve the situation of children. The present report had been compiled on the basis of all stakeholders involved with children, including civil society and children themselves. Today, the forward-looking steps were clear for all stakeholders, national ministries, non-governmental organizations and civil society, trade unions, universities, which had all been involved in drawing up an action plan that would have a clear and positive effect on the situation of children in Lebanon.
Lebanon had drawn up several laws to benefit children, as well as regulations and other decrees, including decrees on free education and juvenile justice. The role of the Higher Council of Childhood had been elaborated to become an umbrella mechanism for coordinating efforts on children. A database, which should have been included in the work of the Higher Council of Childhood, had still not been implemented owing to the inability to find a sponsor for that centre. In that connection, Mr. Mekhael recognized that it was necessary for Lebanon to have more statistical information on children.
Mr. Mekhael said that since the second report had been submitted, there had been numerous activities and seminars, including media coverage, the publication of brochures for schools and parents, and as a result a culture of the rights of the child had been mainstreamed among children and parents.
Regarding the age of marriage, Lebanon had not been able to change that situation, Mr. Mekhael said, owing to the laws regarding personnel status by religion. Yet they had been able to make head way in terms of public opinion in the area and had, notably, raised the age for mandatory public education to 15.
There had been a lot of efforts to improve health care, and that had significantly reduced infant mortality. Teenage reproductive health had also received attention, as had the treatment of children with special needs, particularly in the field of education.
In the education field, the level of enrolment and graduation was high. A plan for education for all had been launched which aimed at, among others, improving the capacity and competency of public education, giving a greater chance for parents to participate, and the inclusion of arts programmes.
Child employment had been addressed by the signing of numerous laws and conventions.
The Higher Council of Childhood included all Palestinian children in all of its programmes and activities, Mr. Mekhael affirmed.
Questions Raised by Committee Experts
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as country Rapporteur for the report of Lebanon, said the report was very well written, followed the Committee’s guidelines and provided a great deal of technical detail. She requested further information about the involvement of non-governmental organizations in the preparation of the report, as well as the involvement of children themselves, as the delegation had mentioned.
Ms. Al-Thani also wanted to know if there had been a comprehensive review of all domestic legislation that might be in conflict with the Convention. From what she understood there had been work in a few areas, such as child labour, health, and education, but not in all areas.
Ms. Al-Thani said that she had heard from the delegation about the difficulties they were facing in the country that were caused by limited financial resources, for example, to fund certain programmes. She also noted that there was a big difference between legislation and implementation. She noted the real wish of Lebanon to enact new legislation, but she needed to hear how they were intending to implement those new rules.
In that regard, Ms. Al-Thani understood the difficulties Lebanon may have had in establishing a monitoring system for children, but still felt that it was necessary. She would have imagined that Lebanon would be the first country in the region to have such an independent monitoring system, they had all the right tools to have a system, including a democratic government.
What was stopping Lebanon from drafting an instrument prohibiting corporal punishment in all settings, and then training people that they should not use such practices against children, Ms. Al-Thani wondered. From what she understood, the delegation had said that they were doing things the other way around: they were sensitizing people now, and hoping to introduce legislation later. She understood that there was a law against corporal punishment in education, but that the practice still existed.
Another Expert asked about the right of children to express their opinion, in particular the necessity for children to be heard in courts. In that connection, the Expert wondered if there were rules that provided for children to be heard in religious courts. The right of children to express their opinion was also important in the context of education and in the family.
The Expert noted that many laws prohibited a wide range of violence against children, including neglect. The question was whether that legislation in fact accomplished its objectives. A special case of violence involved honour crimes. The delegation reported only five cases of such violence committed by children prosecuted from 1998 to 2000. He hoped for updated information, including details about how the State party was trying to prevent such crimes.
Another Committee Expert took exception to the use of the term “illegitimate child”, saying that even if a child were a natural child, he or she should not be stigmatized for it.
A Committee Expert asked about the registration system for Palestinian children, saying that it did not appear to be systematic, which was a problem as such registration was necessary for the children to have access to health and social services, including those provided by the United Nations Relief and Works Agency for Palestine Refugees in the Middle East (UNRWA).
Regarding the right to name and nationality, one Expert was concerned about children who fell into the category where they had the right to choose their nationality at age 21. What happened to such children before they reached that age?
There was no unified personal status law in Lebanon and religious authorities were empowered to conduct marriages. In that regard, the Expert was concerned about allegations of forced early marriages and felt that the lack of a unified law allowed that situation to continue.
Other Experts asked questions relating to among others, when the State party intended to ratify the Optional Protocol on children and armed conflict, which it had signed in 2002, as well as issues surrounding religious sectarianism.
Response by Delegation
ELIE MEKHAEL, Secretary-General of the Higher Council of Childhood, responding to questions by Experts, said that Lebanon was making every effort to mobilize support for the ratification of the Optional Protocol on children and armed conflict in Parliament and 3,000 copies of the Optional Protocol had been distributed throughout the country.
With regard to the preparation of the report, 85 non-governmental organizations and other civil society associations had participated. The Higher Council of Childhood, which was charged with drafting the report, also regularly involved other ministries in its meetings. In fact, half the membership of the Higher Council of Childhood was made up of civil society.
The role of children in the report occurred in conjunction with the participation of the non-governmental organizations, as well as educational groups. There were children’s municipal councils throughout the country and children’s clubs for debating their concerns, Mr. Mekhael noted. But Lebanon felt that was not enough, there had to be a democratic participation in terms of the report, so they worked with schools and approached the Palestinian childcare organizations, which also elected representatives.
Concerning the lack of a unified personnel status law, Mr. Mekhael said there were 18 separate religious communities in Lebanon. It was a society of minorities. Civil status laws had not been unified, because of the Lebanese specificity. Lebanon did feel, however, that there should be such a unification.
A Committee Expert said that, despite the existence of 18 separate confessional groups in Lebanon, still the Government could not abdicate its responsibility. While the Committee understood the difficulties Lebanon faced, in matters concerning marriage age, children’s custody, and the rights of the child in the courts, perhaps Lebanon, if it could not impose one set of conditions on all those groups, could undertake efforts to strongly encourage the adherence to a set of guidelines.
The delegation, responding, noted that the average age for marriage for women was 29 and for men 33, so the situation on the ground was not one in which early marriage was a problem. Since the establishment of the Constitution in 1926, Lebanon had been searching for a solution to the question of a unified status. There were certain specificities related to Islamic law and to Christian law, and those laws tended to be discriminatory. Certain sects enjoyed privileges that others did not.
With regard to honour crimes, Lebanon believed that there had been increasing awareness in Lebanese society on this subject. In 10 years, no minor had been convicted in connection with such a crime. It should be understood that previously, such crimes were not held in the same light and the perpetrators of such crimes had benefited from mitigating circumstances.
Regarding the right to name and nationality, there were problems, the delegation acknowledged, when the children were foreign, in particular if they were Syrian or Palestinian. A Syrian had to register their newborn in Syria. For Palestinian children, the registration took place at a separate Palestinian office. There was nothing the Lebanese Government could do if the parents did not register their children. There had been certain measures undertaken, however, such as visits by ministers to refugee camps to encourage the registration of children so that those children could enjoy their rights.
Concerning non-governmental organizations, a non-governmental organization representative of the delegation affirmed the involvement of non-governmental organizations in drafting the report and felt that it helped to allow them all to participate in a national dialogue, as well as to fill in the gaps in terms of information.
The confessional or sectarian system was not a perfect system, but it was a temporary one, the delegation said. While it was imperfect, the delegation pointed to the situation in neighbouring countries and said that perhaps that was one indication that a transition to a unified system was the best approach.
Further Questions by Committee Experts
A Committee Expert said it remained a concern that the Lebanese health system remained so dependent on the private sector and that not all children were covered. The disparities between the health care received in the various regions of the country were another concern. Also, while the statistics provided showed a drop in health care problems, it appeared to be a very slow trend. Malnutrition remained an issue that had to be addressed, as well as obesity, micronutrient deficiency and anaemia. While impressed on paper with teenage sexual reproductive health centres, the Expert would like to hear more. Reports had been received that those good centres were not accessible to all. With regard to HIV/AIDS, it appeared adolescents did not know how to use condoms, and it was asked what was being done to address that. Also, the Expert wondered if there had been any progress in the removal of landmines.
Other Experts asked about street children and what measures were being taken by the Government to help and rehabilitate them; the mandatory school age; vocational education and training; school costs in public schools, such as for registration and educational materials; monitoring mechanisms for children in State care institutions; deportations of unaccompanied children, including refugee and Iraqi children; and the increase in extreme household poverty.
Response by Delegation
The delegation, responding to a comment that the Palestinian refugees in Lebanon were Lebanon’s responsibility, said that Lebanon was not a member of the 1951 Convention concerning refugees but was signatory to a memorandum of understanding on refugees. The reason for that was that Lebanon was a small country and it had to look out for its own interests first.
The delegation said that concerning the control of health care by the private sector, the State had been quite pragmatic in that regard, using the private sector to provide health coverage for the entire country. The Ministry of Health was responsible for covering 40 per cent of the population, including children. Palestinian children were covered by Palestinian health services but, with regard to such things as immunization programmes, they enjoyed the same rights as Lebanese children. Infant mortality in the camps had gone from 40.2 per cent to 19.2 per cent, thanks to the efforts of the Government following a study that had shown that the use of midwives in the camps had been responsible for a number of deaths. The Government had also eliminated postnatal tetanus in that way.
The malnutrition rate was not as high as before, the delegation said. When it came to anaemia, Lebanon distributed iron supplements via health centres. Lebanon had already received very good indicators on the reproductive health services they provided. There was an AIDS control programme in place and an awareness-raising educational campaign that focused on prevention by the use of condoms. Following the war, mental health was an area of special concern and a study had been commissioned on adolescent’s mental health, as well as the provision of health care to the mentally ill.
Child abuse and neglect remained a serious threat to the implementation of children’s rights. Therefore, the delegation said, it appeared important not to rely solely on the Government, but to draw on the expertise of Arab institutions and Arab professionals, as well as international institutions, to develop a national strategy for the prevention of child abuse and neglect. A child observatory project had therefore been elaborated a few years ago, with the goal of monitoring implementation of the Convention in terms of child abuse and neglect, setting up a hotline, and developing a child protection system in line with the Convention. The vital project, however, still needed funding. The children’s Ombudsman project, proposed a few years ago, posed some problems as it was sometimes perceived as conflicting with other institutions and mandates. There was also a growing interest in preventing child abuse and neglect at the local and municipal levels.
Outside the neonatal period, the primary cause of death for under-fives was fatal injuries, road traffic accidents being a major cause of such deaths. Children under-five that had died from injuries mostly died in the house, the delegation said, whereas adolescents generally died in road traffic incidents. Lebanon had been successful in addressing that issue, and they had reduced the number of road accidents by 30 per cent in a four-year period. Unfortunately, the mortality among teenagers had still increased. Some factors included abuse of alcohol, excessive speed, and a lack of proper safety training.
There was a national programme for protection of landmines and in 2003 there was only one death due to landmines, in 2004, five, and in 2005 there had been seven. Among other initiatives, a television public service message directed at adolescents had been broadcast on that topic.
The Lebanese Constitution provided for free education for all, but in practice the Ministry of Education depended to a certain extent on private education. The curriculum was the same for all schools -- private and public. The delegation noted that the current curriculum had been decided by the Government, following a two-year study. Private schools were free to use whichever books they used, as long as they were in line with the established curriculum, but public schools had to use the ones assigned by the Ministry of Education.
There were private schools, official schools and free private schools, the delegation observed. The Government subsidized 378 private schools, as it was more economical to subsidize those schools than to establish State-run schools. The students in those schools were from needy families, or had other problems, owing to separation or divorce. The students paid a nominal fee at official schools. During the first and second year of primary education, if the family had difficulties paying fees for registration or uniforms, there was a programme in place to help them. A draft law existed to provide free education up to the age of 18, but that had not been enacted yet. Currently, education was fully free up to the age of 12 and Lebanon was looking to increase that to the age of 15, and then to 18 in the future.
With regard to Palestinian refugee children, there were UNRWA educational programmes, but those children were also free to use the official schools in Lebanon, even those who had not been registered. All they needed was a letter from a local authority.
The delegation said that there was no evidence to show that corporal punishment was used in the schools. Nevertheless, laws had been enacted to ensure that both psychological and physical harm were prohibited in the schools.
Noting the increase in the number of children in institutions, there were efforts under way to monitor that situation. For example, the delegation said, Lebanon had approached UNICEF to interview children in institutions. Following the results of that survey, Lebanon was hoping to find alternatives to placing children in institutions, such as adoption.
Regarding disparity between the private and public sectors in the field of education, during the war, they had frozen recruitment and therefore had been forced to contract unqualified teachers. A competitive examination for teachers would be held this summer, however, and nine teacher-training colleges were planned.
There was disparity in health care among the various regions, owing to poverty, lack of education, and lack of access to health centres. Lebanon was working to address those three root causes of disparity.
Concerning the phenomenon of street children, that was something that only occurred during peak periods of tourism and they were not Lebanese children. Recognizing that it was Lebanon’s duty to be responsible for all children, however, an institution had been established outside Beirut to deal with them, both boys and girls, many of whom suffered from mental problems. Many delinquents were originally street children, the delegation noted. Today the situation was better than before, though it was far from ideal. The Government was also making efforts to contact the countries of origin of such children in order to identify their parents, and to work jointly on the problem. Seventy-five per cent of such children were Syrian, it was noted.
A Committee Expert appreciated the delegation’s response, but still felt that it did not explain the very large number of children -- 32,000 -- in State institutions.
Another Expert was concerned about conditions of detention for children and about Government provisions for child protection.
Regarding deprivation of liberty of children, the delegation said the maximum detention allowed was two months, which could be extended for a further two months, whereas it was six months for adults, which could be extended for a further six months. Decisions on detention were made by the Ministry of Justice and a social worker was appointed in such cases. There were civil society organizations that were involved in rehabilitation. Children and adults tried for the same offence were separated. There was also optional vocational training and compulsory educational programmes for juveniles in detention or in institutions.
Doctors were obliged to report to the relevant authorities any cases of child abuse or neglect, the delegation said.
An Expert asked about the increase in child prostitution, in particularly children trafficked into Lebanon for that practice.
The delegation, responding, said that prior to the recent amendments there had been no prohibition against trafficking. During the war there were child trafficking gangs, but now for such practices the perpetrator could receive sentences of up to five years. There was also now a prohibition against employing girls under the age of 16 as domestic servants.
UNICEF was undertaking a study on the establishment of juvenile justice centres separate from the ordinary courts, as well as totally separate prison facilities for juveniles. Juvenile courts should never remain police-based, the delegation said.
Responding to the question on the high numbers of children in State institutions, the delegation said it wished to clarify the numbers. It was not 32,000, but 20,000 children, 6,000 of whom were in vocational training programmes.
Providing some unofficial statistics on poverty that had not yet been released, the delegation said the poverty rate was 29 per cent, not 35 per cent, in 2005. Poverty was also no longer mainly a rural phenomenon. Children living near the refugee camps were better off than those living in the camps.
Further questions were asked by Experts on the priority of keeping children in the family, even if they had been convicted of an offence, and the difference between adoptions by religious courts and by the regular courts.
Responding, the delegation said that adoption was set up to place “illegitimate children”, to use the Lebanese term. These were generally done through two Christian institutions, as adoption did not exist in Islamic law. Between 2003 and 2005 not more than 30 children were adopted. There were few adoptions abroad, and only 8 of those children had been placed in foreign countries. There was currently a draft bill for family support, as Lebanon felt that poverty was the main reason for a child’s entering an institution.
Preliminary Concluding Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as country Rapporteur for the report of Lebanon, thanked the Ambassador and the delegation for their report. She noted that the mere fact that the delegation was here to present its third periodic report was in itself testimony to the State party’s commitment to the Convention, all the more so if one took into account the war that they had been through.
Ms. Al-Thani recommended that Lebanon continue to review and amend its legislation to bring it in line with the Convention, and to ensure that those laws were implemented.
Lebanese children needed an independent monitoring and reporting system, whether that be through a national children’s ombudsman or through another mechanism, Ms. Al-Thani said.
She noted that there still was a considerable dependence on the private sector for services such as health and education. While that was not bad in and of itself, Ms. Al-Thani said it raised concerns about disparities in access to such services.
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For use of the information media; not an official record
The Committee on the Rights of the Child today considered the third periodic report of Lebanon on how that country is implementing the provisions of the Convention on the Rights of the Child.
In an introductory statement, Gebran Soufan, Permanent Representative of Lebanon to the United Nations Office at Geneva, quoted the French writer Andre Malraux who said that it required 60 years to make a man. If that were true, the road map started with childhood. But not any childhood: a childhood that enjoyed special safeguards, care and attention. That was not lip service, but a matter of values, sacred to the Lebanese, which had constituted during years of distress an antidote to abuse, maltreatment and exploitation of childhood, through a good family environment and parental care. Lebanon realized its shortcomings and pledged to do better in securing the rights of the child. Improving living conditions of children was an ongoing process.
Introducing the report was Elie Mekhael, Head of the Delegation and Secretary General of the Higher Council of Childhood, who said that Lebanon was fully committed to the principles and values embodied by the Convention on the Rights of the Child. Lebanon had drawn up several laws to benefit children, as well as regulations and other decrees, including decrees on free education and juvenile justice. The role of the Higher Council of Childhood had been elaborated to become an umbrella mechanism for coordinating efforts on children. Regarding the age of marriage, Lebanon had not been able to change that situation, owing to the laws regarding personnel status by religion. Yet they had been able to make head way in terms of public opinion in the area and had, notably, raised the age for mandatory public education to 15.
Experts raised questions related to, among other things, the lack of a systematic registration system for Palestinian children, the development of a unified personal status law, marriage age, forced marriages, honour crimes, the dependence of the health-care system on the private sector, the continuing existence of regional disparities in both education and health care for children, and the situation of street children, as well as efforts to address malnutrition, abuse and neglect.
In preliminary concluding remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani, the Committee Expert who served as country Rapporteur for the report of Lebanon, noted that the mere fact that the delegation was here to present its third periodic report was in itself testimony to the State party’s commitment to the Convention. She recommended that Lebanon continue to review and amend its legislation to bring it in line with the Convention, and to ensure that those laws were implemented. Lebanese children needed an independent monitoring and reporting system, whether that be through a national children’s ombudsman or through another mechanism. She noted that there still was a considerable dependence on the private sector for services such as health and education. While that was not bad in and of itself, it raised concerns about disparities in access to such services.
The Committee will release its formal, written concluding observations and recommendations on the report of Lebanon towards the end of its three-week session, which will conclude on 2 June.
Also representing the delegation of Lebanon were representatives of the Ministry of Public Health, the Ministry of Education and Higher Education, and the Ministry of Justice, as well as representatives of Lebanese non-governmental organizations.
As one of the 192 States parties to the Convention, Lebanon is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.
When Chamber A of the Committee reconvenes at 10 a.m. on Friday, 26 May, it will consider the initial reports of Iceland on the two Optional Protocols of the Convention on children and armed conflict, and on the sale of children, child prostitution and child pornography (CRC/C/OPAC/ISL/1 and CRC/C/OPSA/ISL/1).
Report of Lebanon
The third periodic report of Lebanon (CRC/ C/129/Add.7) notes that since its first report in 1994, Lebanon has realized positive steps and important achievements within the framework of legislation related to the improvement of the situation of children in many fields. These include a law authorizing the ratification of International Labour Organization (ILO) Convention No. 182, related to the elimination of the worst forms of child labour; a decision regulating preschool and primary education in public schools that stipulates, among others, that employees in the education sector are prohibited from inflicting physical punishment on pupils or from inflicting verbal retribution that is humiliating and is against the principle of education and personal dignity; a law authorizing the ratification of ILO Convention No. 138 on the minimum age for admission to employment; a law authorizing the ratification of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography; a decision exempting children in preschool and in first and second grades of primary education in public schools from payment of registration fees; and a law making education compulsory and free till the age of 12. In addition, since 2001, the Higher Council for Childhood is the national body entrusted with following up on and coordinating the implementation of the Convention on the Rights of the Child, in collaboration with international organizations.
The age of 18 is the official age for adulthood in Lebanese legislation. However, in all matters related to personal status, and especially in marriage and related issues, Lebanese citizens are subject to the religious laws set forth by their respective religious authorities. The Lebanese State has recognized 18 official religious groups. Article 9 of the Lebanese Constitution has ensured the respect of the personal status laws of each of these groups, including the right of the independence of their judicial courts and legislation. Therefore, the minimum age for marriage differs from one person to another depending on their religion. The age of marriage differs also between males and females in the same religious group. Early marriage still exists in Lebanon in law, but in practice limited numbers are registered, and in specific villages.
Presentation of Report
GEBRAN SOUFAN, Permanent Representative of Lebanon to the United Nations Office at Geneva, quoted the French writer Andre Malraux who said that it required 60 years to make a man. If that were true, the road map started with childhood. But not any childhood: a childhood that enjoyed special safeguards, care and attention. That was not lip service, but a matter of values, sacred to the Lebanese, which had constituted during years of distress an antidote to abuse, maltreatment and exploitation of childhood, through a good family environment and parental care. Lebanon realized its shortcomings and pledged to do better in securing the rights of the child. Improving living conditions of children was an ongoing process. He looked forward to a very constructive dialogue with the Committee.
ELIE MEKHAEL, Head of the Delegation and Secretary-General of the Higher Council of Childhood, presenting the report, said that Lebanon was fully committed to the principles and values embodied by the Convention on the Rights of the Child. The social and economic circumstances in the country could only be called difficult. The war had left difficult economic conditions and a national administration that was weak. Nevertheless, that had not undermined the will of the Lebanese people to improve the situation of children. The present report had been compiled on the basis of all stakeholders involved with children, including civil society and children themselves. Today, the forward-looking steps were clear for all stakeholders, national ministries, non-governmental organizations and civil society, trade unions, universities, which had all been involved in drawing up an action plan that would have a clear and positive effect on the situation of children in Lebanon.
Lebanon had drawn up several laws to benefit children, as well as regulations and other decrees, including decrees on free education and juvenile justice. The role of the Higher Council of Childhood had been elaborated to become an umbrella mechanism for coordinating efforts on children. A database, which should have been included in the work of the Higher Council of Childhood, had still not been implemented owing to the inability to find a sponsor for that centre. In that connection, Mr. Mekhael recognized that it was necessary for Lebanon to have more statistical information on children.
Mr. Mekhael said that since the second report had been submitted, there had been numerous activities and seminars, including media coverage, the publication of brochures for schools and parents, and as a result a culture of the rights of the child had been mainstreamed among children and parents.
Regarding the age of marriage, Lebanon had not been able to change that situation, Mr. Mekhael said, owing to the laws regarding personnel status by religion. Yet they had been able to make head way in terms of public opinion in the area and had, notably, raised the age for mandatory public education to 15.
There had been a lot of efforts to improve health care, and that had significantly reduced infant mortality. Teenage reproductive health had also received attention, as had the treatment of children with special needs, particularly in the field of education.
In the education field, the level of enrolment and graduation was high. A plan for education for all had been launched which aimed at, among others, improving the capacity and competency of public education, giving a greater chance for parents to participate, and the inclusion of arts programmes.
Child employment had been addressed by the signing of numerous laws and conventions.
The Higher Council of Childhood included all Palestinian children in all of its programmes and activities, Mr. Mekhael affirmed.
Questions Raised by Committee Experts
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as country Rapporteur for the report of Lebanon, said the report was very well written, followed the Committee’s guidelines and provided a great deal of technical detail. She requested further information about the involvement of non-governmental organizations in the preparation of the report, as well as the involvement of children themselves, as the delegation had mentioned.
Ms. Al-Thani also wanted to know if there had been a comprehensive review of all domestic legislation that might be in conflict with the Convention. From what she understood there had been work in a few areas, such as child labour, health, and education, but not in all areas.
Ms. Al-Thani said that she had heard from the delegation about the difficulties they were facing in the country that were caused by limited financial resources, for example, to fund certain programmes. She also noted that there was a big difference between legislation and implementation. She noted the real wish of Lebanon to enact new legislation, but she needed to hear how they were intending to implement those new rules.
In that regard, Ms. Al-Thani understood the difficulties Lebanon may have had in establishing a monitoring system for children, but still felt that it was necessary. She would have imagined that Lebanon would be the first country in the region to have such an independent monitoring system, they had all the right tools to have a system, including a democratic government.
What was stopping Lebanon from drafting an instrument prohibiting corporal punishment in all settings, and then training people that they should not use such practices against children, Ms. Al-Thani wondered. From what she understood, the delegation had said that they were doing things the other way around: they were sensitizing people now, and hoping to introduce legislation later. She understood that there was a law against corporal punishment in education, but that the practice still existed.
Another Expert asked about the right of children to express their opinion, in particular the necessity for children to be heard in courts. In that connection, the Expert wondered if there were rules that provided for children to be heard in religious courts. The right of children to express their opinion was also important in the context of education and in the family.
The Expert noted that many laws prohibited a wide range of violence against children, including neglect. The question was whether that legislation in fact accomplished its objectives. A special case of violence involved honour crimes. The delegation reported only five cases of such violence committed by children prosecuted from 1998 to 2000. He hoped for updated information, including details about how the State party was trying to prevent such crimes.
Another Committee Expert took exception to the use of the term “illegitimate child”, saying that even if a child were a natural child, he or she should not be stigmatized for it.
A Committee Expert asked about the registration system for Palestinian children, saying that it did not appear to be systematic, which was a problem as such registration was necessary for the children to have access to health and social services, including those provided by the United Nations Relief and Works Agency for Palestine Refugees in the Middle East (UNRWA).
Regarding the right to name and nationality, one Expert was concerned about children who fell into the category where they had the right to choose their nationality at age 21. What happened to such children before they reached that age?
There was no unified personal status law in Lebanon and religious authorities were empowered to conduct marriages. In that regard, the Expert was concerned about allegations of forced early marriages and felt that the lack of a unified law allowed that situation to continue.
Other Experts asked questions relating to among others, when the State party intended to ratify the Optional Protocol on children and armed conflict, which it had signed in 2002, as well as issues surrounding religious sectarianism.
Response by Delegation
ELIE MEKHAEL, Secretary-General of the Higher Council of Childhood, responding to questions by Experts, said that Lebanon was making every effort to mobilize support for the ratification of the Optional Protocol on children and armed conflict in Parliament and 3,000 copies of the Optional Protocol had been distributed throughout the country.
With regard to the preparation of the report, 85 non-governmental organizations and other civil society associations had participated. The Higher Council of Childhood, which was charged with drafting the report, also regularly involved other ministries in its meetings. In fact, half the membership of the Higher Council of Childhood was made up of civil society.
The role of children in the report occurred in conjunction with the participation of the non-governmental organizations, as well as educational groups. There were children’s municipal councils throughout the country and children’s clubs for debating their concerns, Mr. Mekhael noted. But Lebanon felt that was not enough, there had to be a democratic participation in terms of the report, so they worked with schools and approached the Palestinian childcare organizations, which also elected representatives.
Concerning the lack of a unified personnel status law, Mr. Mekhael said there were 18 separate religious communities in Lebanon. It was a society of minorities. Civil status laws had not been unified, because of the Lebanese specificity. Lebanon did feel, however, that there should be such a unification.
A Committee Expert said that, despite the existence of 18 separate confessional groups in Lebanon, still the Government could not abdicate its responsibility. While the Committee understood the difficulties Lebanon faced, in matters concerning marriage age, children’s custody, and the rights of the child in the courts, perhaps Lebanon, if it could not impose one set of conditions on all those groups, could undertake efforts to strongly encourage the adherence to a set of guidelines.
The delegation, responding, noted that the average age for marriage for women was 29 and for men 33, so the situation on the ground was not one in which early marriage was a problem. Since the establishment of the Constitution in 1926, Lebanon had been searching for a solution to the question of a unified status. There were certain specificities related to Islamic law and to Christian law, and those laws tended to be discriminatory. Certain sects enjoyed privileges that others did not.
With regard to honour crimes, Lebanon believed that there had been increasing awareness in Lebanese society on this subject. In 10 years, no minor had been convicted in connection with such a crime. It should be understood that previously, such crimes were not held in the same light and the perpetrators of such crimes had benefited from mitigating circumstances.
Regarding the right to name and nationality, there were problems, the delegation acknowledged, when the children were foreign, in particular if they were Syrian or Palestinian. A Syrian had to register their newborn in Syria. For Palestinian children, the registration took place at a separate Palestinian office. There was nothing the Lebanese Government could do if the parents did not register their children. There had been certain measures undertaken, however, such as visits by ministers to refugee camps to encourage the registration of children so that those children could enjoy their rights.
Concerning non-governmental organizations, a non-governmental organization representative of the delegation affirmed the involvement of non-governmental organizations in drafting the report and felt that it helped to allow them all to participate in a national dialogue, as well as to fill in the gaps in terms of information.
The confessional or sectarian system was not a perfect system, but it was a temporary one, the delegation said. While it was imperfect, the delegation pointed to the situation in neighbouring countries and said that perhaps that was one indication that a transition to a unified system was the best approach.
Further Questions by Committee Experts
A Committee Expert said it remained a concern that the Lebanese health system remained so dependent on the private sector and that not all children were covered. The disparities between the health care received in the various regions of the country were another concern. Also, while the statistics provided showed a drop in health care problems, it appeared to be a very slow trend. Malnutrition remained an issue that had to be addressed, as well as obesity, micronutrient deficiency and anaemia. While impressed on paper with teenage sexual reproductive health centres, the Expert would like to hear more. Reports had been received that those good centres were not accessible to all. With regard to HIV/AIDS, it appeared adolescents did not know how to use condoms, and it was asked what was being done to address that. Also, the Expert wondered if there had been any progress in the removal of landmines.
Other Experts asked about street children and what measures were being taken by the Government to help and rehabilitate them; the mandatory school age; vocational education and training; school costs in public schools, such as for registration and educational materials; monitoring mechanisms for children in State care institutions; deportations of unaccompanied children, including refugee and Iraqi children; and the increase in extreme household poverty.
Response by Delegation
The delegation, responding to a comment that the Palestinian refugees in Lebanon were Lebanon’s responsibility, said that Lebanon was not a member of the 1951 Convention concerning refugees but was signatory to a memorandum of understanding on refugees. The reason for that was that Lebanon was a small country and it had to look out for its own interests first.
The delegation said that concerning the control of health care by the private sector, the State had been quite pragmatic in that regard, using the private sector to provide health coverage for the entire country. The Ministry of Health was responsible for covering 40 per cent of the population, including children. Palestinian children were covered by Palestinian health services but, with regard to such things as immunization programmes, they enjoyed the same rights as Lebanese children. Infant mortality in the camps had gone from 40.2 per cent to 19.2 per cent, thanks to the efforts of the Government following a study that had shown that the use of midwives in the camps had been responsible for a number of deaths. The Government had also eliminated postnatal tetanus in that way.
The malnutrition rate was not as high as before, the delegation said. When it came to anaemia, Lebanon distributed iron supplements via health centres. Lebanon had already received very good indicators on the reproductive health services they provided. There was an AIDS control programme in place and an awareness-raising educational campaign that focused on prevention by the use of condoms. Following the war, mental health was an area of special concern and a study had been commissioned on adolescent’s mental health, as well as the provision of health care to the mentally ill.
Child abuse and neglect remained a serious threat to the implementation of children’s rights. Therefore, the delegation said, it appeared important not to rely solely on the Government, but to draw on the expertise of Arab institutions and Arab professionals, as well as international institutions, to develop a national strategy for the prevention of child abuse and neglect. A child observatory project had therefore been elaborated a few years ago, with the goal of monitoring implementation of the Convention in terms of child abuse and neglect, setting up a hotline, and developing a child protection system in line with the Convention. The vital project, however, still needed funding. The children’s Ombudsman project, proposed a few years ago, posed some problems as it was sometimes perceived as conflicting with other institutions and mandates. There was also a growing interest in preventing child abuse and neglect at the local and municipal levels.
Outside the neonatal period, the primary cause of death for under-fives was fatal injuries, road traffic accidents being a major cause of such deaths. Children under-five that had died from injuries mostly died in the house, the delegation said, whereas adolescents generally died in road traffic incidents. Lebanon had been successful in addressing that issue, and they had reduced the number of road accidents by 30 per cent in a four-year period. Unfortunately, the mortality among teenagers had still increased. Some factors included abuse of alcohol, excessive speed, and a lack of proper safety training.
There was a national programme for protection of landmines and in 2003 there was only one death due to landmines, in 2004, five, and in 2005 there had been seven. Among other initiatives, a television public service message directed at adolescents had been broadcast on that topic.
The Lebanese Constitution provided for free education for all, but in practice the Ministry of Education depended to a certain extent on private education. The curriculum was the same for all schools -- private and public. The delegation noted that the current curriculum had been decided by the Government, following a two-year study. Private schools were free to use whichever books they used, as long as they were in line with the established curriculum, but public schools had to use the ones assigned by the Ministry of Education.
There were private schools, official schools and free private schools, the delegation observed. The Government subsidized 378 private schools, as it was more economical to subsidize those schools than to establish State-run schools. The students in those schools were from needy families, or had other problems, owing to separation or divorce. The students paid a nominal fee at official schools. During the first and second year of primary education, if the family had difficulties paying fees for registration or uniforms, there was a programme in place to help them. A draft law existed to provide free education up to the age of 18, but that had not been enacted yet. Currently, education was fully free up to the age of 12 and Lebanon was looking to increase that to the age of 15, and then to 18 in the future.
With regard to Palestinian refugee children, there were UNRWA educational programmes, but those children were also free to use the official schools in Lebanon, even those who had not been registered. All they needed was a letter from a local authority.
The delegation said that there was no evidence to show that corporal punishment was used in the schools. Nevertheless, laws had been enacted to ensure that both psychological and physical harm were prohibited in the schools.
Noting the increase in the number of children in institutions, there were efforts under way to monitor that situation. For example, the delegation said, Lebanon had approached UNICEF to interview children in institutions. Following the results of that survey, Lebanon was hoping to find alternatives to placing children in institutions, such as adoption.
Regarding disparity between the private and public sectors in the field of education, during the war, they had frozen recruitment and therefore had been forced to contract unqualified teachers. A competitive examination for teachers would be held this summer, however, and nine teacher-training colleges were planned.
There was disparity in health care among the various regions, owing to poverty, lack of education, and lack of access to health centres. Lebanon was working to address those three root causes of disparity.
Concerning the phenomenon of street children, that was something that only occurred during peak periods of tourism and they were not Lebanese children. Recognizing that it was Lebanon’s duty to be responsible for all children, however, an institution had been established outside Beirut to deal with them, both boys and girls, many of whom suffered from mental problems. Many delinquents were originally street children, the delegation noted. Today the situation was better than before, though it was far from ideal. The Government was also making efforts to contact the countries of origin of such children in order to identify their parents, and to work jointly on the problem. Seventy-five per cent of such children were Syrian, it was noted.
A Committee Expert appreciated the delegation’s response, but still felt that it did not explain the very large number of children -- 32,000 -- in State institutions.
Another Expert was concerned about conditions of detention for children and about Government provisions for child protection.
Regarding deprivation of liberty of children, the delegation said the maximum detention allowed was two months, which could be extended for a further two months, whereas it was six months for adults, which could be extended for a further six months. Decisions on detention were made by the Ministry of Justice and a social worker was appointed in such cases. There were civil society organizations that were involved in rehabilitation. Children and adults tried for the same offence were separated. There was also optional vocational training and compulsory educational programmes for juveniles in detention or in institutions.
Doctors were obliged to report to the relevant authorities any cases of child abuse or neglect, the delegation said.
An Expert asked about the increase in child prostitution, in particularly children trafficked into Lebanon for that practice.
The delegation, responding, said that prior to the recent amendments there had been no prohibition against trafficking. During the war there were child trafficking gangs, but now for such practices the perpetrator could receive sentences of up to five years. There was also now a prohibition against employing girls under the age of 16 as domestic servants.
UNICEF was undertaking a study on the establishment of juvenile justice centres separate from the ordinary courts, as well as totally separate prison facilities for juveniles. Juvenile courts should never remain police-based, the delegation said.
Responding to the question on the high numbers of children in State institutions, the delegation said it wished to clarify the numbers. It was not 32,000, but 20,000 children, 6,000 of whom were in vocational training programmes.
Providing some unofficial statistics on poverty that had not yet been released, the delegation said the poverty rate was 29 per cent, not 35 per cent, in 2005. Poverty was also no longer mainly a rural phenomenon. Children living near the refugee camps were better off than those living in the camps.
Further questions were asked by Experts on the priority of keeping children in the family, even if they had been convicted of an offence, and the difference between adoptions by religious courts and by the regular courts.
Responding, the delegation said that adoption was set up to place “illegitimate children”, to use the Lebanese term. These were generally done through two Christian institutions, as adoption did not exist in Islamic law. Between 2003 and 2005 not more than 30 children were adopted. There were few adoptions abroad, and only 8 of those children had been placed in foreign countries. There was currently a draft bill for family support, as Lebanon felt that poverty was the main reason for a child’s entering an institution.
Preliminary Concluding Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as country Rapporteur for the report of Lebanon, thanked the Ambassador and the delegation for their report. She noted that the mere fact that the delegation was here to present its third periodic report was in itself testimony to the State party’s commitment to the Convention, all the more so if one took into account the war that they had been through.
Ms. Al-Thani recommended that Lebanon continue to review and amend its legislation to bring it in line with the Convention, and to ensure that those laws were implemented.
Lebanese children needed an independent monitoring and reporting system, whether that be through a national children’s ombudsman or through another mechanism, Ms. Al-Thani said.
She noted that there still was a considerable dependence on the private sector for services such as health and education. While that was not bad in and of itself, Ms. Al-Thani said it raised concerns about disparities in access to such services.
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