As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

WHAT’S THE ISSUE AT HAND?

It is estimated that Syrian refugees represent 25-30% of the total population of 7 million people in Lebanon (BBC), amounting to approximately 2 million people of all ages (UNHCR). Most of them live in apartments across Lebanese towns and cities, as well as in some informal camps in the Bekaa and Akkar, housing nearly 300,000 people in more than 6,000 tents (Medair).

The sudden increase in the number of refugees since 2011, coupled with the lack of a national government strategy to address this crisis, have put great pressure on municipalities, particularly those in border regions with already limited human and material resources (UNHCR). Lebanon has also been under increased pressure since 2019 due to the economic and monetary collapse, the deterioration of all health, education, and government services, the fragmentation of society due to the massive migration of young people, exacerbated by the Beirut Port explosion on August 4, 2020, and the COVID-19 outbreak, as well as the presidential and governmental void and the postponement of municipal elections for the second time.

These factors have posed additional challenges for municipalities, whose mandates were recently extended. This has led each municipality to selectively apply the laws and regulations that best safeguard its interests with regard foreign residents in order to properly handle the situation of Syrian refugees and ensure their safety and integration within the municipality. In many cases, municipalities have violated the law by issuing populist decisions that do not respect basic human rights. This includes the violation of the right of movement, by imposing a curfew on Syrian refugees in many areas after a specific hour in the evening (UN).

General Legal Framework

Municipalities in Lebanon are governed by a set of laws that define the rights and obligations of foreign residents, as well as the powers granted to municipalities in this regard. Below are the key aspects of this general legal framework:

Foreigners in the Municipal Act:

The Municipal Act (Decree-law No. 118/77) governs the work and powers of municipalities and organizes local public services, including those provided to foreign residents (LU). Municipalities are involved in registering foreigners locally and making sure that their records are regularly updated. Foreigners residing in a specific municipal area have access to public municipal services, such as waste collection, water, electricity, sanitation, and public education (provided they hold legal residence permits). These services vary in quality and scope depending on the municipality and its capacities (Nahnoo).

Foreigners working in Lebanon are also subject to Lebanese labor laws, which stipulate that foreign nationals must obtain work permits from the Ministry of Labor. The latter, in collaboration with the municipalities, monitors the enforcement of laws to ensure that foreigners are not working illegally.

Rights and Obligations of Foreigners:

The legal status of refugees in Lebanon is complex and differs from that of ordinary foreign residents. While no unified, comprehensive, and national legal framework exists for refugees, there are several significant legal and organizational rules related to their status.

Although no specific refugee law exists, refugees are subject to the general laws concerning foreigners, which include the Law Regulating the Entry of Foreign Nationals into, their Residence in, and their Departure from Lebanon (Order No. 319/1962) (LU). Lebanon's General Security is the authority responsible for registering refugees and organizing their residency.

Municipalities collaborate with international and local organizations to provide for the needs of refugees within the municipal area. Municipalities coordinate with the UNHCR and international and local non-governmental organizations to provide refugees with services, such as education, health, housing, food assistance, and local infrastructure development.

Refugees do not have the right to participate in municipal or mayoral elections or to run for any municipal positions, but they can participate in local community activities within the limits prescribed by law and in line with established social norms and customs (Al Nahar).

Municipal Procedures

Given the lack of a national strategy to address the crises facing Lebanon due to the war in Syria, municipalities have taken many special measures, both independently and within municipal unions, to address the needs of Syrian refugees residing on their territories and the concerns of the host communities. Some of these measures are aligned with administrative directives issued by the Ministry of Interior and Municipalities, while others consist of reactive steps taken by each municipal council and reflect the interests of the elected decision-makers on the council, some of which can be described as populist and racist (HRW).

These measures include:

• Residence registration: Refugees are required to register their place of residence at the local municipality. This allows the authorities to keep track of the number of residents and develop plans for the services to be delivered.
• Registration of personal data: Municipalities often register the personal data of Syrian refugees, including their names, dates of birth, family members, and other relevant information. This gives registered refugees access to services and assistance provided by municipalities.
• Work registration: In some areas, Syrian refugees who work are required to register their employment status at the municipality, including personal information, place of residence, type of work, and employer.
• Registering for health and social services: In order to access healthcare and social services, refugees may need to register at local health centers or social service offices that are run by the municipality or in cooperation with humanitarian organizations.

The documents required for refugees to register at the municipality may include the following: personal identification documents such as a UNHCR registration certificate and a personal identification document (passport or national ID card), proof of residence such as a copy of the rental contract, work-related documents such as a valid work permit and a copy of the employment contract or work statement, as well as health records showing any medical conditions, treatments, or vaccinations received.

Importance of Registration and Documentation

Registration and documentation are two key processes to ensure that refugees have access to basic services and legal rights and to promote their safety and security. Recent decisions and practices highlight the practical benefits of registration and documentation in this context:

• Access to basic services: By registering, refugees can access healthcare services, education, and social assistance. Recent initiatives have shown that registration facilitates access to support from governmental and non-governmental organizations, which helps improve the lives of refugees in host communities. For example, the Ministry of Health has recently decided to allocate additional resources to healthcare centers in areas where refugees are present, which has greatly improved the quality of the healthcare services provided.
• Determining legal status: Documentation helps determine a refugee's legal status, protecting them from arbitrary detention and deportation. Recent judicial decisions that have emphasized the need to respect refugee rights are an essential step in ensuring their security and protection.
• Data collection and resource allocation: Registration allows authorities to collect accurate data on refugee numbers and needs, which contributes to effective resource planning and allocation. Recent government initiatives to improve data management systems and coordination with international organizations have shown that collecting accurate data significantly contributes to better meeting the needs of refugees and host communities.
• Safety and security: Accurate registration enhances security and order by enabling authorities to better deliver services and address any issues that may arise. Recently launched security programs aimed at improving coordination between security agencies and municipalities have effectively enhanced security in host communities.

As one of the heads of municipality we interviewed mentioned, completing the registration process guarantees that refugees have the necessary documentation, which allows municipalities to play a larger and more decisive role in managing the refugee crisis in an efficient and humane manner. Basic services, such as healthcare, education, and sanitation, become easier to provide. This, in turn, helps control of resources and facilitates cooperation with non-governmental and international organizations. Registration also facilitates coordination between municipalities and relevant ministries to align local efforts with national policies on refugee management, including sharing data and resources with official security agencies to maintain order and address any security problems.

Legal Challenges

The legal framework presents several challenges that influence the efficiency of refugee management policies and decisions:

To begin with, there is no comprehensive national policy for managing the refugee crisis which addresses their needs and protects their rights. This results in disparities in the implementation of relevant decisions at the local municipal level. Gaps or ambiguities in the general legal framework concerning the status and rights of refugees lead to inconsistent application of laws and regulations.

For example, some municipalities have threatened to issue eviction orders. By doing so, they have overstepped their powers, which are limited to the right to order an eviction if the building or part of it is in danger of collapse or if there are “extraordinary circumstances” (defined by law) during which the government acquires powers that are usually outside its legal jurisdiction for purposes of necessity.

On 8 February 2018, the State Council annulled directives issued by the General Security Directorate in 2015, maintaining that “the Syrian refugee crisis in Lebanon does not meet the legal conditions that can be described as extraordinary circumstances. Public authorities, and by extension local authorities, cannot invoke the extraordinary nature of the refugee crisis and exceed the jurisdiction of the judicial authority to request eviction without a court order.”

Additionally, municipalities are facing resource constraints, especially with the collapse of the Lebanese pound, which has reduced the value of direct taxes and limited municipalities’ ability to effectively implement national policies, and provide necessary services to refugees.

These legislative shortcomings do not adequately protect refugees from discrimination and exploitation, leaving many of them vulnerable to abuse and mistreatment, as seen in the example above.

Therefore, Parliament should conduct a comprehensive review of relevant municipal laws, such as those related to ensuring the rights of foreigners to movement, housing, working conditions, children's education, healthcare, security, and litigation. These laws should be improved to address these challenges and promote supportive policies and procedures, so that they are aligned with the international human rights conventions that Lebanon has signed, enabling municipalities and executive authorities to improve the situation of refugees and guarantee their basic human rights.

WHY IS THIS IMPORTANT?

Addressing the issues of Syrian refugee in Lebanon at the municipal level is a vital priority requiring urgent attention and efficient coordination. Ensuring the rights of all refugees is a humanitarian necessity. Legislation, proper administration, and municipal support contribute to protecting refugee lives and dignity.

In addition, the efficient and fair management of refugee issues contributes to preventing tensions between refugees and host communities and promoting social cohesion and stability. Transparent and coordinated actions taken by municipalities build trust between refugees, communities, and government, which is an essential pillar of efficient governance and social cohesion. Addressing these issues at the local level with a modern legislative framework is a fundamental step towards developing a comprehensive and sustainable response to the refugee crisis.