Freedom of Association in LEBANON

1. With regard to the political, democratic and human rights situation

• Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Lebanon, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
• Ensure that both versions of the Constitution are similar in French and in Arabic regarding “Freedom of association”;
• Eliminate all forms of discrimination based on, inter alia, gender, race, language, religion, political opinions sexual orientations or membership to a national minority in all matters pertaining to the organizations of civil society; set up an adequate complaint mechanism.

2.      With regard to the laws and practices pertaining to associations and civil society organizations

• Redraft the text in a way to delete any reference to ottoman authorities and ottoman currency;
• Abrogate article 4 that establishes racist and anti-democratic rules.

      Formation and Incorporation

• Cancel all provisions pertaining to secret associations since this notion has become obsolete and adopt instead the distinction between declared and non-declared associations, the latter not enjoying moral personality status and unable to benefit from all advantages that are attributed to declared associations;
• Ensure that the delivery of the aalm wa khabar is not submitted to the publication in the official Gazette;
• Ensure the registration of the association if delays in delivering of the aalm wa khabar arenot legally respected, not motivated and unexplained;
• Put an end to a blatant clientelism in the delivery of the aalm wa khabr;
• Put an end to the investigations of the General Security, State Security or Internal Security Forces prior to the delivery of the aalm wa khabar;
• Send a circular to all other ministries and banks asking them to deal with the association as a moral personality and accept any proof of declaration without waiting for the delivery of the aalm wa khaba.

      Organization and Operation

• Abrogate part of article 5 of the law on associations regarding to members’ age. This article is unconstitutional since the constitution sets majority at 18 years.

      Funding and Taxation

• Introduce the notion of ministerial consent so that the State could subsidise associations in an objective and non-discriminatory manner;
• Implement article 17 of the law on associations regarding the label of public association that should be given by decree issued by the Council of Ministers on the advice of the State Council, but that is being granted today by the ministry of Social Affairs in violation of the law. The labelling of public utility associations should benefit associations with a more diversified object, and establish more objective criteria.

• Ensure, by way of an adequate consultation system, the participation of associations to the decision-making process on policies of public interest. Associations were 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 and it must be complimented;
• Create a register of associations that, for good publicity, would be kept, at least temporarily, at the Clerk’s Office of the court of first instance, and that would be for free or for a symbolic fee;
• Eventually attach the Service of Associations of the Ministry of the Interior to a big ministry that would gather, in addition to the common law associations, youth and sports associations, political parties, foundations, waqfs, and religious associations.