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Freedom of Association in LEBANON |
Summary Report
| Political and democratic situation linked to Human Rights |
| Civil society landscape |
| Legislation |
Lebanon is a multi-confessional presidential republic, independent since 1943. The Constitution dates from May 1926 and has been amended several times, most recently by the Charter of Lebanese National Reconciliation (Taëf Agreement) of October 1989 which ended 15 years of civil war. Lebanon’s political system is characterised by power sharing between religious confessions. According to the Taëf Agreement Christians and Muslims are represented on a 50:50 basis in the Parliament, the Council of Ministers as well as in all high ranking civilian and military posts. All sub-communities Alawi, Druze, Shia, Sunni within the Muslim community, and Armenian Catholic, Armenian Orthodox, Greek Catholic, Greek Orthodox, Maronites and Protestants within the Christian community are represented in a” proportional” manner within this overall ratio.
The nationality is granted only by membership to a denominationally determined group, however, it is theoretically possible to be Lebanese without having a religion (see the campaign for the withdrawal of the confessional marital status register). The peculiarity of the Lebanese system which is supposed to encourage greater space of freedom compared to other countries in the region, has sometimes formed a barrier to individual freedom and respect for human rights. It is indeed very difficult to impose major restrictions in any permanent fashion to the 18 different confessional groups whom all enjoy full freedom regarding personnel status and education, areas traditionally reserved for the central government in any other country. Unfortunately when it comes to impose restrictions on individual freedom, the main religious leaders are all in agreement to expand their own rights and restrict those of citizens, as in the example of bringing optional civil marriage to the legislation.
At the time of writing and following the withdrawal of the Syrian army from Lebanon and the war between Israel and Hizballah, Lebanon is facing a period of political uncertainty where the question of the continued influence of Syria and of other regional powers over Lebanon’s political life are at stake.
Lebanon has been a part of the United Nations since its founding in 1945 and has ratified a number of international instruments which reaffirm the freedom of associations. Some texts concerning this fundamental freedom are also found in its Constitution and its laws. It should also be noted that the Associations Act also covers political parties.
However, freedom of associations in Lebanon is not absolute, far from it.
Foreigners are not allowed to form associations in the same manner as the Lebanese. A special law requires that prior authorization be taken by decree to the Council of Ministers for the creation of a foreign association, and introduces strict control over all activities of the association.
Moreover, homosexuality is forbidden and so are the associations of homosexuals.
Similarly, the young have no freedom to form and manage associations. The youth associations - and sports - are exempt from the law of associations, and are subject to the prior authorization of the competent minister, and the lives of these associations is completely governed by the ministry and subject to the discretion of the minister and its director general. The comprehensive reform of the ministry is considered as the overhaul of the law, but it seems that the desire to liberalize the law has eroded recently.
Finally, the legislation regulating the trade unions is also very restrictive and for establishment of trade unions there is required a double authorization from the Minister of Labor as well as that of the Interior Minister. The freedom to join or not to join a union is not respected, neither that of negotiating, any more than the right to gather. The administrative control affects all levels of life and functioning of the association
Civil society is highly diversified for the reasons cited above. This diversity is reflected in associations. Thus, operating on Lebanese territory are associations of all types; : Human rights associations1; legal aid associations 2; associations combating torture 3; women associations 4; children associations 5; single mothers associations 6; prisoners associations 7; juvenile delinquents associations 8; handicapped associations 9; environment associations 10.
Much of the Lebanese NGOs have a proximity to power, however, it is not always obvious to qualify them as GONGOS, with the exception of associations and charitable developments directly related to senior political leaders or run by their wives.
Lebanon, like other countries in the region, has Wakfs that could be labelled as “foundations” having generally a charitable objective. They can belong to a community for an undetermined period or be created by individuals for a determined period.
On the other hand, and in view of the policy of repression exercised by the government over a period of time - in violation of the law in force, and to avoid obtaining a license, certain associations have opted for the creation of civil societies, even commercial, even if the latter does not give them the advantages granted to associations by law.
Nevertheless, due to the repressive policy implemented by the government in violation of the law in force, and to circumvent the obtaining of a license, some associations resorted to the creation of civil companies11, or even commercial companies12, even though this deprives them from the advantages granted to associations by the law.
A- International Instruments Ratified by Lebanon
a- United Nations Charter and Universal Declaration of Human Rights that Lebanon adopted as a founding member of the United Nations Organization.
b- International Covenant of Civil and Political Rights: Lebanon ratified this covenant on November 3rd 1972 after the promulgation by the government of implementation decree No. 3855 of September 1st 1972.
B- Internal Instruments
a- The Lebanese Constitution
The Lebanese constitution guarantees the principle of the freedom of association in its article 13.
b- Law and Decrees Governing Associations
- Ottoman association law of august 3rd 1909
- Order No. LR 369 of December 31st 1939, issued by High Commissioner Gabriel PUAUX, that governs foreign associations in Lebanon and that is still in force;
- Decree-law No.10830 of October 9th 1962 prohibiting anybody from endeavouring to continue an association that was dissolved for crime against state security;
- Law No.16/72 of December 15th 1972 that subjects youth and sport associationsto the control of the Ministry of National Education and Sports;
- The second chapter of Labour Code (article 86 and f.) of September 23rd 1946 and decree No. 7993 of 2/4/1952 regarding the creation of employers associations and workers trade unions;
- Decree No.17199 of August 18th 1964 regarding cooperatives;
- Decree-law No. 35 of May 9th 1977 regarding mutual funds;
- Decree-law No.87 of July 30th 1977 regarding public interest institutions;
- Article 22 of decree No.5734 of October 20th 1994 that created a“Service for Volunteer Associations and Organizations” within the Ministry of Social Affairs.
1. Does the system allow for non-declared or unincorporated associations?
The Lebanese system does not recognise “secret associations” that are prohibited under the 1909 law that laid down criminal penalties that could lead up to prison in addition to the payment of a fine (art. 337,338, 339 of the Penal Code).
2. Is the registration system based on Licensing or simple information/notification?
The Lebanese system is based on a simple information procedure called “aalm wa khabar, a document delivered by the Administration after the deposit of the declaration. It is at the same time a receipt proving that the association has duly deposited the declaration and an acknowledgement of receipt proving that the Administration is duly informed of the existence of the association. It is a simple notification of the public authorities of the existence of the association after its creation and it does not constitute an approval from the Administration. Therefore, the Administration can not refuse to take note of the creation of the association and give the acknowledgment of receipt.
Exceptions are provided for in specific laws. Some associations are thus subjected to a prior authorisation such as foreign associations which need a decree issued by the Council of Ministers, youth and sports associations that are subjected to the authorisation of the minister of National Education – General Direction of Youth and Sports, cooperatives that are subjected to the authorisation of the minister of Habitat and Cooperatives, and workers trade unions and employers associations that need a double authorisation , from the minister of Labour and from the minister of the Interior.
3. What are the bases upon which registration can be rejected? (e.g. race, security, religion, politics)
The causes for the rejection of registration are the following:
i. If the declaration is incomplete and does not contain all necessary information;
ii. In accordance with the rationae loci competence, if the founding members addressed the administration outside the premises of the association headquarters;
iii. If the object of the association is unlawful, in accordance with article 3 of the law; but in this case, the rejection must be followed by the dissolution of the association by a decree issued by the Council of Ministers.
4. How easy or difficult is the registration: (e.g. time, cost, number of incorporators)
Theoretically, the ministry of the Interior must deliver the “aalm wa khabar” without any delay. But in practice, associations complain about delays in the delivery of the acknowledgement of receipt and about favouritism to the benefit of some associations. For example, FABRIC, an artistic association, deposited its papers at the Ministry of the Interior on July 11th, 2006 and until May 1st, 2007, the “aalm wa khabar” has not been delivered yet. ZAWAYA, another artistic association, deposited its statutes in October 2006 and May 1st, 2007, the association did not yet received the “aalm wa khabar”. Othersassociations get their “aalm wa khabar” in two days only (That was the case of the May Chidiac Foundation for instance).
Furthermore, contrary to the provisions of the law, the ministry sets as a condition for obtaining the “aalm wa khabar” the payment of the publication in the Official Gazette fees. This requirement leads to an additional delay. Moreover, the high cost of publication fees can be prohibitive given the very modest minimum wage applied in Lebanon.
5. Are there effective remedies in the cases where registration is denied, delayed (e.g. judicial, administrative?)
We don’t know any legal or judicial procedure to accelerate the delivery of the acknowledgment of receipt except for the intercession of the minister which constitutes a resurgence of the minister’s discretionary power in the association field. A lawsuit before the State Council is possible but takes years to lead to any results.
6. Does registration automatically entail obtaining separate legal personality?
The legal personality of an association is born simply from the will of its founding members and their signature on the statutes. Registration at the ministry is not set as a condition.
7. Are there other viable alternatives if the right to freely form and incorporate an association is denied (e.g. incorporate as a company, a trust a “Wakf”)
An alternative would be to incorporate as a civil or commercial company. Individuals can alsocreate wakfs. But, except for the “wakfs”, companies will pay income tax and cannot benefit from VAT discount.
8. Some Illegal Practices 13
a- Illegal practices carried out by the Administration
The Administration exercises a guardianship power on some associations that are declared of “public utility” by controlling the attribution of this label. Even though some criteria have been set, the attribution of this label by the Administration remains discretionary and some times even arbitrary14. Associations that receive the “public utility” label benefit from ensuing financial subsidies contrary to those that do not obtain this label.
The Administration has also implemented in the eighties a practice that is contrary to the law by submitting the “aalm wa khabar” associations to the prior authorisation regime. Although circular No.10/am/2006 of 19/5/2006 of the ministry of the Interior has abolished this practice, the latter is still implemented and the “aalm wa khabar” are delivered at the minister’s discretion despite the existence of a uniform and stable jurisprudence enshrined by an important decision of the State Council in 2003.
The Administration conducts investigations before the delivery of the acknowledgment of receipt of the “aalm wa khabar”.
It refuses to receive the declaration and to give the acknowledgment of receipt to some categories of associations. The current Ministry of the Interior refuses to regularise the situation of associations that never received the acknowledgment of receipt and that do not have in fact any file at the ministry. It accepts to “take note” of the existence of the said organisation as of the date of the new deposit, even if the association had made before a declaration through a bailiff (ADDL, CLDH, Zawaya etc.).
It used to impose the models of pre-printed statutes (standard statutes) containing clauses conferring to the ministry of the Interior interference powers (this practice has ceased now).
b- Illegal practices carried out by associations
Some people create fictitious associations to benefit from fiscal advantages granted to associations. This fraud is widespread and seriously harmful to a healthy association life.
1. What are the causes/grounds of dissolution? Suspension?
An association can be dissolved by the General Assembly. In this case, the statutes must have specified the quorum and necessary majorities for this purpose. If the statutes are silent, the dissolution decision must be taken unanimously by all members, in accordance with the principle of contractual freedom established by article 166 of the Code of Obligations and Contracts.
An association can be dissolved by the arrival of the expiry date specified in the statutes.
An association can be dissolved by a penal judicial decision for having an unlawful object pursuant to articles 336,337 and 338 of the Penal Code prohibiting associations with an unlawful object as well as secret associations.
An association can be dissolved by a decree of the Council of Ministers for violation of law and good manners, violation of public order, stirring up coups or trying to overthrow the government, stirring up political discriminations. If the association is of a political nature, it can be dissolved if it is based on “nationality or nationalism”15. Associations of political nature can be dissolved by a decree of the Council of Ministers if their members committed, in their partisan capacity, crimes harming national security and were convicted without the possibility of appeal (Article 1 of decree No. 10830 of 9/10/1962). The Council of Ministers can also pronounce the dissolution of a non-declared association.
2. What authorities pronounce these decisions? (role of the Judiciary, Executive …)
Dissolution or suspension decisions are taken:
- Pursuant to the members’ will (GA decision or arrival of the expiry date specified by the statutes),
- By a decree of the Council of Ministers
- By a judicial decision (civil, administrative or penal court).
1. What is the extent of the freedom of members to draft and amend their own statutes and by-laws and to determine their own object? (are such documents imposed? to what extent?)
The law sets only the general framework for the management of the association, leaving to members themselves the task of agreeing on administrative details. The only obligation imposed by the law is to have statutes comprising the association’s name, objective, General Assembly and administrative committee composed of two members at least.
As for the by-laws, the law makes no provision for them. But, according to customary practice, the statutes are divided into two parts: the statutes themselves and the by-laws.
An association can amend its statutes at any moment and does not need a prior authorisation for this purpose. The only obligation is to observe the rules set by the statutes and by-laws and inform the Ministry of the Interior. The non-notification of the ministry exposes it only to the payment of a fine and cannot constitute grounds for the dissolution of the association.
The practice followed previously by the administration was different and constituted a blatant violation of the law16. This period is now revolved.
2. How strict is the level of freedom of members to adhere to or leave associations?
This freedom is guaranteed by the Lebanese law. All persons have the right to join or not to join an association provided that they fulfil the conditions imposed by the law and by the association’s statutes and by-laws.
The law prohibits people less than 20 years old to join associations. It also bans the membership of people not having the capacity i.e. deprived of their civil rights or sentenced to a criminal penalty. But these conditions only set a minimum threshold.
Associations have also the right to expel (or exclude) members. Exclusion decisions can be appealed before the Appeal Court.
3. Are there any interference in the corporate bodies: e.g. attendance of meetings (Board, General assemblies) by “supervisors”?
This freedom is guaranteed by the Lebanese law that does not comprise any provision restricting the freedom of the association to choose its Executive Committee members. But Lebanon witnessed abusive interference by the Administration during the Lebanon civil war in the 70s’. 17
4. Are there any restrictions (legal or de-facto) promoting, limiting or banning participation of women in associational offices (e.g. Board).
We haven’t reported in Lebanon a restriction, de facto or de jure, limiting or banning the accession or participation of women in associational offices particularly the Executive Committee.
However, 1) there is no text banning any form of discrimination, 2) we can not know whether the statutes of some associations contain prohibitions or restrictions of this sort, 3) even if they did, these restrictions are not deemed illegal and can not constitute the object of legal proceedings before the judiciary.
5. Are there any interference in the freedom of associations do decide on projects and activities? If yes, how and why?
The Lebanese law guarantees the freedom of the members of an association to decide the activities of their association. Previously, standard statutes that were imposed on associations at a given period of Lebanon’s recent history gave full powers to the Administration to interfere in the association’s activity and to decide its projects and activities. Currently no such practice is reported.
6. Is the association’s right to freely assemble or organize private and public meetings, move freely (including international travel) restricted in any way?
This freedom is recognized by the Lebanese law. In the past, it was violently restricted and the dates as well as the agenda of the association meetings had to be communicated in advance to the ministry of the Interior who would send a delegate to attend the meeting. This practice has disappeared today18.
Furthermore, we have not heard of a case where members of a given association were banned from leaving Lebanese territories.
7. Are associations subject to specific limitation on their right to freely communicate (e.g. access to media, publish and develop internet sites)?
This right is recognised by the Lebanese law. The only violation is probably phone-tapping. But this practice does not only target human rights activists in particular.
Access to media, publications and internet sites development are totally free within the limits provided for by the law (particularly the press law).
8. Is the freedom of associations to cooperate and network with others limited (both domestic and international)?
There are no restrictions on this freedom both at local and international levels.
9. Is the participation of associations sought for opinion or participation in deciding on public interest issues? What is the nature and level of such consultations?
It seems that a new trend has started to emerge in Lebanon lately on the initiative of the European Union and the United Nations. Associations were (shyly) solicited for advice for the formulation of the Action Plan at the time of the conclusion of the Association Agreement between Lebanon and the European Union, in the framework of the European Neighbourhood Policy.
In parallel, the Parliamentary Human Rights Commission is drafting, in collaboration with the UNDP, an Action Plan for all human rights issues. For every matter, a specialist from the association milieu is solicited to conduct a study to be presented and discussed at the Commission.
10. Are there effective remedies and appeals?
The member who wants to contest elections results or any other decision of the Executive Committee can resort to the judiciary and engage in legal proceedings before the Court of first instance. The exclusion decision of a member can be appealed before the Appeal Court. An association dissolved by decree of the Council of Ministers can challenge the decision before the State Council.
The Lebanese law does not include any limitations on the rights of associations to receive and own assets and funds.
2. Are there any restrictions that limit the right of associations to use funds in ways different than what their statutes stipulate?
The Lebanese law does not include any limitations on the rights of associations to use the funds other than by the conditions of their granting.
3. Are there specific limitations on receiving foreign funds?
The Lebanese law does not include any specific limitations on receiving foreign funds.
4. Do associations enjoy any financial or taxes privileges? To what extent?
As for tax benefits, associations do not pay income tax even if their balance sheet shows profits. The VAT is even reimbursed immediately to associations upon the submittal of receipts and of the acknowledgment of receipt of the “aalm wa khabar”. But because of the delay of the administration in delivering the acknowledgement of receipt the association that was declared but did not receive yet the “aalm wa khabar” can not benefit from the VAT discount.
5. Are public funds made available to associations? How? Are these processes prone to discrimination?
Some association are granted access to public funding. Some associations can benefit from the “public utility association” label, attributed exclusively by the Ministry of Social Affairs to associations having a social objective, and can enjoy thus ensuing fiscal advantages. The attribution procedure of this label is prone to discrimination. In fact, the law allows abuses and the decision to attribute the label or deny it is relatively arbitrary.
As for the “consent” notion, it does not exist and the “aala wa khabar” associations do not enjoy any assistance from the government.
The Administration imposes an indirect limitation on the freedom to create associations by prohibiting banks from opening accounts to associations that do not submit their “aalm wa khabar”.
1. What are the supervisory authorities that oversee associations (e.g. courts, ministries, independent bodies, security apparatus)? How consistent are the activities of these authorities with the principles of freedom (check principle 16 of the Declaration)?
a- Administrative Control
The ministry of the Interior imposes a subsequent control on the creation of the association and its activities. Every year, the records imposed by the law should be sent to the ministry allowing it to exercise its control. In the event of a proven violation of the law by an association, it is the ministry that proposes its dissolution by administrative means, i.e. by a decree of the Council of ministers. This practice is obviously in contradiction with article 17 of the Declaration .
b- Judicial Control
Different jurisdictions are competent to settle disputes pertaining to associations.
Administrative jurisdictions: The State Council is competent in disputes opposing associations and the ministry of the Interior.
Judicial jurisdictions: judicial jurisdictions are competent when the dissolution of the association is judicial. It is the Public Prosecution that brings the association before justice and demands its dissolution. They are also competent to settle disputes between members of an association and its Administrative Committee.
Penal jurisdictions: the association and its members can be brought before penal jurisdiction in some cases related to their civil activities, which is contrary to international law .
2. Are accounts and other information transparently available to the public?
Accounts transparency is not regulated by the Lebanese legislation in a very accurate manner. The law compels associations to keep accountancy books. The verification of these books and other written proofs can be requested at any moment by the Administration. However, the ministry of the Interior is abusively imposing sanctions and fines on associations that present spontaneously their records but with a small delay after the supposed date of the submittal of records specified by the Administration in January. Both the Lebanese Association for Political Sciences and Civil Peace Association paid the price for this policy.
Accountancy books are not accessible to the public. There is no register that could give information on associations and their founding members. But the ministry is imposing the publication in the Official Gazette, a very costly measure that is not required by law.
Moreover, bank secrecy bans anybody without authorisation from having access to any accounts whatsoever. This element aborts any transparency policy in this regard.
3. What penalties (e.g. criminal, fines, etc) and harassment measures are applied in cases of violations?
a) The dissolution of the association in the abovementioned cases;
b) Penal sanctions for members of secret or non declared associations that could lead up to prison as well as the payment of a fine (art. 337, 338, 339 of the Penal Code).
[1] Association for the Defence of Rights and Freedoms (ADDL), Lebanese Human Rights Association, Lebanese Association for Democratic Elections (LADE), Lebanese Association for Civil Rights, Amnesty International, Palestinian Association for Human Rights (Rased), Lebanese NGOs Forum, Palestinian Organisation for Human Rights, Lebanese Centre for Human Rights, Foundation for Human Rights and Humanitarian Law, Lebanese Association for Education and Training, etc... Back to text
[2] Lebanese Public Interest Centre (PINACLE), Catholic Relief Services that offers legal aid to migrant workers, Caritas, Frontiers, Ruwas Association, etc... Back to text
[3]Al-Khiam Centre for the Rehabilitation of Torture Victims, Committee for the Support of Lebanese Detainees in Syrian Prisons (SOLID), etc…
[4] Lebanese Women Council, Civil Committee for the Follow up of Women’s Affairs, United Women Committees of the North, Lebanese Woman’s Voice, League of Women’s Rights in Lebanon, Kafa, etc... Back to text
[5] Children of Lebanon” association Back to text
[6] Good Shepherd Sisters Homev Back to text
[7] Prisoners’ Rights Observatory, Coordination and Action Committee for Prisoners, Justice and Mercy Association, etc. Back to text
[8] Juvenile Delinquents Aid Association, Dar al Amal, Offre Joie, Union for the Protection of Childhood in Lebanon, the Lebanese Association for the Protection of Juvenile Delinquents in Lebanon, etc… Back to text
[9] Arc en Ciel, National Association for the Rights of Handicapped, Lebanese Physical Handicapped Union (LPHU), Handicapped Forum, Al Zawrak, Lebanese Autism Society, etc Back to text
[10] Green Line, Lebanon Nature Environment, SPNL, Green Forum, Green Peace Lebanon, Society for the Protection of Nature, AFDC, etc... Back to text
[11] For instance, Mounzer Foundation has thought in the beginning to create a civil company, then ended up creating this company in the USA and opened a branch in Lebanon. Back to text
[12] Ex: Zawaya Association Back to text
[13] Regarding all illegal practices of the Lebanese Administration, cf. reports of the American State Department, on the department’s website reserved to human rights in the world: http://www.state.gov/g/drl/rls/hrrpt Back to text
[14] We can give the example of the Lebanese Association for Democratic Elections (LADE); report of this association on the 1996 elections, Dar el-Jadid, Beirut, 1997 Back to text
[15] This provision results from the Ottoman law of 1909, when the Ottoman Empire had started the modernization of its laws and institutions, and aimed in particular at Arab nationalism. Back to text
[16] Cf. the 2006 report of the American State Department on human rights in Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2006/78857.htm, as well as reports of previous years. Back to text
[17] Abovementioned American State Department 2006 report. Back to text
[18] Abovementioned report of the American State Department Back to text
Marie Ghantous
"The exercise of freedom of association, like many other things in Lebanon, is caught up between two conflicting forces..." Read the interview
Testimony
"More than one year after it has been asked officially, the CLDH still doesn't have a register number..." Read more
