committee on the rights of the child

consideration of reports submitted by states partiesunder article 44 of the convention

Third periodic reports of States parties due in 2003

lebanon* **

[15 November 2004]

CONTENTS

Chapter Paragraphs Page

I.IMPLEMENTATION OF RIGHTS IN THE CONVENTION 1 - 9612

1-1Legislative Measures 1 - 1812

1-1-1Introduction 112

1-1-2Laws, decrees and international conventions 214

1-1-3Analysis of the legal situation within the framework of achievements 3 - 1614

1-1-4Project of laws that are being studied 17 - 1817

1-2Administrative and Other Measures, BudgetaryAnalysis, Monitoring, Implementation, InternationalCooperation 19 - 8718

1-2-1A comprehensive strategy for children 1918

1-2-2Permanent government mechanisms 20 - 2618

1-2-3Government policies 27 - 3419

1-2-4Child impact analysis 3521

1-2-5Budgetary analysis 36 - 4021

1-2-6Monitoring and data collection 41 - 5522

1-2-7Participation of civil society 56 - 5925

1-2-8Accountability to parliament 6026

1-2-9Independent human rights institutions 6126

1-2-10International cooperation for implementation 62 - 8726

1-3Dissemination of the Convention on the Rights of the Child, making it widely known 88 - 9632

1-3-1Dissemination and promotion of the Convention 88 - 9032

1-3-2Media and publications 91 - 9333

CONTENTS ( continued )

Chapter Paragraphs Page

1-3-3Training 9434

1-3-4Conferences and seminars 9535

1-3-5Dissemination of reports and the Convention 9635

II.DEFINITION OF THE CHILD 97 - 9836

III.GENERAL PRINCIPLES 99 - 12837

3-1Non-Discrimination 99 - 11437

3-1-1In the Constitution of 23/5/1926 99 - 10137

3-1-2Local legislation related to children 102 - 11237

3-1-3Services and facilities 113 - 11439

3-2The Best Interest of the Child 115 - 12139

3-2-1Consideration given by judicial authorities to the principle of the best interests of the child 115 - 11739

3-2-2Consideration given by administrative authorities to the principle of the best interests of the child 118 - 12040

3-2-3Remaining problems to be addressed for considering the best interests of the child 12141

3-3The Right to Life, Survival and Development 122 - 12341

3-3-1Suicides 12241

3-3-2Crimes of honor 12342

3-4The Respect of the Child’s Freedom of Expression 124 - 12842

3-4-1Schools 12542

3-4-2Public administration 12642

3-4-3Civil society 127 - 12843

CONTENTS ( continued )

Chapter Paragraphs Page

IV.CIVIL RIGHTS AND FREEDOM 129 - 14444

4-1Name and Nationality 12944

4-1-1Blood relation 129 - 13244

4-1-2The land tie 133 - 13445

4-2Conservation of Identity 135 - 14445

4-2-1Measures to ensure registration of children at birth 13846

4-2-2Measures for awareness-raising andmobilization of the general public concerningthe need for birth registration 13946

4-2-3Measures to prohibit stereotyping ordiscrimination against children 140 - 14246

4-2-4Measures for ensuring the right of children toknow their parents and to be cared for by them 14347

4-2-5Measures for preserving the child’s identity and preventing any unlawful interference in this regard 14447

V.FAMILY ENVIRONMENT AND ALTERNATIVE CARE 145 - 24548

5-1Parental Guidance 145 - 16448

5-1-1Major constraints 149 - 15148

5-1-2Laws and legislation 152 - 16449

5-2Parents’ Duties 165 - 17451

5-2-1Programs and services 166 - 17151

5-2-2Impediments 172 - 17452

5-3Separation from Parents 175 - 18752

5-3-1Spiritual and Shariaa’ law 176 - 17753

5-3-2The Penal Code 178 - 18153

CONTENTS ( continued )

Chapter Paragraphs Page

5-3-3Progress achieved 182 - 18354

5-3-4Impediments 184 - 18754

5-4Family Reunification 188 - 19354

5-4-1Note 19155

5-4-2Impediments 192 - 19355

5-5Illicit Transfer and Non-Return of Children Abroad 194 - 19856

5-5-1Situations where the Lebanese child is transferred abroad 195 - 19756

5-5-2Impediments 19856

5-6Ensuring the Alimony of the Child 199 - 21056

5-6-1Ways of ensuring the alimony 201 - 20557

5-6-2Collection of the alimony 206 - 21057

5-7Children Deprived from their Family Environment 211 - 22258

5-7-1Measures adopted by the Ministry of Social Affairs 212 - 22158

5-7-2Statistical data 22260

5-8Adoption 223 - 22861

5-8-1Adoption in legislation 223 - 22561

5-8-2Impact of adoption on the civil rights of the child 226 - 22861

5-9The Periodic Review of the Placement of the Child 229 - 23462

5-9-1Mechanisms adopted by the Ministry of Social Affairs 23263

5-9-2Non-governmental organizations 23363

5-9-3Impediments 23463

CONTENTS ( continued )

Chapter Paragraphs Page

5-10Maltreatment and Neglect 23564

5-10-1Legal texts related to the protection of juveniles at risk of danger, maltreatment and neglect 236 - 23864

5-10-2Programs and available services 239 - 24465

5-10-3Impediments 24566

VI.CHILD HEALTH AND WELL-BEING 246 - 30567

6-1Introduction 246 - 24767

6-2Reproductive Health 248 - 25567

6-3Infant and Child Mortality 256 - 26070

6-4Accidents 261 - 26372

6-5Health Insurance 26474

6-6Health Facilities in the Public Sector 265 - 27174

6-7Immunization 272 - 27375

6-8Nutrition and Breastfeeding 274 - 27977

6-9Environmental Conditions 28079

6-10School Health 281 - 28680

6-11AIDS 287 - 29081

6-12Smoking and Drugs 291 - 29382

6-13Children with Special Needs 294 - 29583

6-14Health Services and Rehabilitation 296 - 30585

VII.EDUCATION, LEISURE, RECREATION AND CULTURE 306 - 44488

7-1Education and Learning 306 - 40988

7-1-1Compulsory and free primary education 306 - 31388

7-1-2Education costs and subsidies 314 - 31690

CONTENTS ( continued )

Chapter Paragraphs Page

7-1-3Administration and supervision of the education system 317 - 32690

7-1-4Quality of education 327 - 33991

7-1-5Education of children with special needs 340 - 34496

7-1-6Development of different forms of secondary education 345 - 35097

7-1-7Children enrollment according to age and education levels 35199

7-1-8School retention in primary education 352100

7-1-9Illiteracy rate 353 - 356100

7-1-10Information technology 357 - 359102

7-1-11School support and mainstreaming 360 - 364102

7-1-12Early childhood care 365 - 378104

7-1-13Education, psychological, scholastic and professional guidance 379 - 383108

7-1-14Right of minorities to learn their language 384108

7-1-15School organization and articles of the Convention 385 - 396109

7-1-16Integration of the Convention in education subject matters 397 - 399111

7-1-17Parents’ involvement in school life 400 - 401111

7-1-18Democracy and non-sectarian education 402112

7-1-19Peace education 403112

7-1-20Religious education and children’s rights 404 - 407113

7-1-21Access opportunities to higher education 408114

7-1-22Education-for-all plan 409114

CONTENTS ( continued )

Chapter Paragraphs Page

7-2Children’s Right to Leisure, Recreation and Culture 410 - 444115

7-2-1Legislative measures 410 - 412115

7-2-2Disparities in children’s culture according tothe economic situation and geographicaland regional distribution 413115

7-2-3Budget 414116

7-2-4Children, museums, libraries, exhibitions and books 415 - 419116

7-2-5Children’s theatres and movies 420 - 421117

7-2-6Summer activities, leisure and holidays 422 - 426117

7-2-7Children’s share in media 427 - 430117

7-2-8Clubs and playgrounds 431119

7-2-9Entertainment parks and public gardens 432 - 433119

7-2-10Children’s educational games 434119

7-2-11Children’s magazines 435119

7-2-12Music and arts 436 - 439119

7-2-13Computers and Internet 440 - 443120

7-2-14Future steps 444120

VIII.SPECIAL PROTECTION MEASURES 445 - 463121

8-1Refugee Children 445 - 481121

8-1-1Introduction 445 - 447121

8-1-2Domestic and international legislation 448 - 453121

8-1-3Services provided to refugee children 454 - 481122

CONTENTS ( continued )

Chapter Paragraphs Page

8-2Children Affected by Armed Conflicts 482 - 499128

8-2-1Introduction 482 - 483128

8-2-2Israeli aggression practices 484 - 485129

8-2-3Social and economic impact on children 486129

8-2-4Impact of war on the psychological state of children 487 - 488130

8-2-5Children and the hidden enemy - the mines 489 - 491131

8-2-6Policy of expulsion and compulsory recruitment 492131

8-2-7Health status of children as a result of Israeli aggression 493132

8-2-8Detainees in Israeli prisons including children 494 - 499132

8-3Administration of Juvenile Justice 500 - 536133

8-3-1Legislative measures applicable to children in conflict with penal laws or who are at risk 500 - 511133

8-3-2Public administration and private sectors active in juvenile justice 512 - 520137

8-3-3Rehabilitation programs training activities 521 - 525139

8-3-4Administrative and legislative measures for monitoring infringements 526141

8-3-5Analysis of statistical data 527 - 532142

8-3-6Description of cases of juveniles in conflict within penal law 533 - 536142

8-4Child Labor 537 - 608143

8-4-1Introduction 537143

8-4-2Legislative measures and ratification of Arab and international conventions on childlabor (1998-2003) 538 - 548143

CONTENTS ( continued )

Chapter Paragraphs Page

8-4-3Administrative, social and educational measures to protect children from economic exploitation on the public, civil society and international level 549 - 576146

8-4-4Constraints in dealing with child labour 577154

8-4-5Major conferences, seminars, trainingworkshops on child labor 578154

8-4-6Child labor statistics 579 - 604154

8-4-7Recommendations and future plans for dealing with the problem of child labor 605 - 606161

8-5Drug Abuse 607 - 628162

8-5-1Legislative and administrative measures for child protection against illicit use of narcotic drugs and psychotropic substances 607 - 611162

8-5-2Government policies and programmes for combating illicit use of drugs 612 - 626163

8-5-3Statistical data 627 - 628166

8.6Sexual Exploitation and Sexual Abuse of Children 629 - 641169

8-6-1Legislative measures for the protection of children from all forms of sexual exploitation and sexual abuse 629 - 631169

8-6-2Role of governmental and public bodies 632 - 635169

8-6-3Programs and activities implemented by NGOs and the private sector 636 - 637170

8-6-4Statistical data 638 - 641171

Annexes*

I.Process of preparation of the third national periodic report on the situation of children.

II.Process of children participation in preparing the third national periodic report.

III.General budgets 1998-2002.

IV.Selected training workshops on the Conventions that were implemented unti1 2003.

V.Statistical data - Education chapter (14 tables).

VI.Statistical data - Administration of juvenile justice (9 tables).

VII.Training activities for workers with children in conflict with the law and juveniles.

VIII.Training workshops and discussion sessions relating to child labour.

Chapter I

Implementation of rights in the Convention

1-1 Legislative Measures

1-1-1Introduction

1.Since the preparation of the first Lebanese National report, published in 1994 and the second periodic report in 1998, 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. Whereas, Lebanon has witnessed within this period a continuous legislative activity, which was translated in its accession to international conventions and protocols. Moreover, The Lebanese Parliament has issued new Laws and amended certain current Laws in force. The Lebanese Government has issued decrees, circulars and regulatory decisions, which are compliant with the international Convention on the Rights of the Child and aimed in majority at the best interests of the child.

1-1-2Laws, decrees and international conventions

2.Hereinafter we list the legislative achievements issued between 1999 and 2003 by historical order:

1999

(a)Decree no. 700 dated 25/5/ 1999 related to the Prohibition of hiring juveniles before they complete sixteen years of age or seventeen in hazardous jobs that constitute in their nature a threat to their life, health and morality.

(b)Amendment of the two annexes to the Labor Law with regards to specifying industrial jobs that constitute the utmost risks to children’s life.

(c)Ratification by Lebanon on the amendment of Article 43-2 of the International Convention on the Rights of the Child with regards to increasing the number of members of the international committee on the rights of the child to become 18 experts instead of 10.

(d)Law no. 91 dated 14/6/1999 that amended article 25 of the Labor Law with regards to the conditions of employment of juveniles in handcraft establishments.

(e)Decree no. 1088 dated 12/8/1999 that authorizes the Minister of Justice to conclude judicial agreements of cooperation in certain family related matters between the Lebanese republic and the French republic.

(f)Decree no. 1692 dated 16/11/199 related to setting the number of hospital beds designated for treatment in hospitals and pubic institutions that have been contracted by the Ministry of Public Health. (refer to par 1-1-3-3)

2000

(a)Law no. 207 dated 26/5/2000 that included the amendment of article 26 of the Labor Law, which prohibits the employer from discriminating by gender between the workers with regards to the nature of the job, the wage and recruitment.

(b)Article 46 of the Public Budget Law and “annexed” budget for the year 2000 dated 14/2/2000 which stipulates the doubling of penalties for infringement of the Labor Law.

(c)Article 50 of the Public Budget Law and “annexed” budget for the year 2000 dated 14/2/2000 that applied half a tariff for children 18 years and below and disabled persons in archeological, touristy places, museums, exhibitions and public transportation.

(d)Law no. 185 dated 24/5/200 that stipulates the accession of Lebanon to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. (refer to paragraph 1-1-3-5).

(e)The issuing of Law no. 220/2000 dated 29/5/2000 with regards to the rights of disabled persons (refer to paragraph 1-1-3-1).

(f)Article 80 of Law no. 220 dated 29/5/2000 related to the amendment of paragraph (d) of article 14 of the Lebanese Social Security Law which provides for sons and daughters until the age of 25 the benefits and coverage of the social security, when their parents whether male or female are under the system of coverage of the social security.

(g)Decree number 4265 dated 25/10/2000 that included medical procedures at hospitals and public institutions, contracted by the Ministry of Public Health.

2001

(a)The issuing of law no. 335 dated August 2, 2001 that authorizes the government to ratify the International Labor Convention no. 182 related to the elimination of the worst forms of child labor and immediate measure to be undertaken for elimination.

(b)Decision no. 1130/m/2001 dated 10/9/2001 related to internal regulations of “preschools” and basic education in public schools.

Where Article 41 stipulates: “Employees in the education sector are prohibited to inflict any physical punishment on pupils, nor to address verbal retribution that is humiliating and is against the principle of education and personal dignity.

2002

(a)Article 40 of the Public budget Law and annexed budgets for year 2002, Law no. 392 dated 8/2/2002 with regards to providing children of female employees enrolled in state cooperatives, the benefits provided by these state cooperatives.

(b)Decree no. 7620 dated 14/3/2002, with regards to concluding cooperation agreement in certain aspects of family matters that are of a humanitarian nature between the Republic of Lebanon and the Canadian state.

(c)Law no. 400 dated 5/6/2002 that authorized the government to ratify the ILO convention 138 concerning minimum age for Admission to Employment.

(d)Law number 414 dated 5/6/2002 that authorized the government to ratify the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and child Pornography.

(e)Law no. 422 dated 6/6/2002 related to the protection of juveniles in conflict with the law or at risk.

(f)Decree no. 9091 dated 15/11/2002 related to setting the standards and specifications of public schools building in general pre-university education.

(g)Signature of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict dated 11/2/2002.

2003

(a)Circulate of the Public Prosecutor of the High court no. 6/s/2003 dated 7/2/2003 related to the prohibition of persons who didn’t complete 18 years of age and regardless of sex; to enter bars and night clubs during day or night time.

(b)Decision no. 47 dated 18/2/2003 related to exempting children in preschools and children in the first and second grade of basic education at public schools from the payment of registration fees.

1-1-3Analysis of the legal situation within the framework of achievements

3.Legislation listed above has addressed most social sectors and covered many aspects of the life of children including the following: Education and learning, employment and social security, public health, sanctions, bilateral agreements and culture and leisure time. Here below we present briefly the content of each of the above.

1-1-3-1 Education and learning

4.The issuing of Law no. 686/98 that made education compulsory and free till the age of 12, is a big achievement in that respect. It is as well a step towards raising the compulsory and free education until the age of 15, however implementation decrees have not yet been issued. Here below, are some of the steps that have been adopted towards the implementation of the Law during the year 2003:

(a)The decision exempting children in preschool and in the first and second grade in public schools from registration fees;

(b)Establishing many public schools in all regions of the country according to standards and specifications for public schools buildings; and

(c)Subsidizing school books, in order to ensure equal opportunities for all students.

5.It is worth mentioning the Decision no. 1130/2001, which prohibited employees in the public education sector to inflict any physical punishments to pupils and addressing verbal warnings that are humiliating to the pupils. Whereby ensuring a positive step towards the protection of the child from mental and physical violence.

1-1-3-2 Labor and social security

6.Taking into account that children are enduring difficult and hazardous circumstances at work, and are in need of proper and continuous care and protection from these threats, the Lebanese legislation contributes in that regard to ensuring best safety conditions for children at the workplace. The following are some measure adopted by the legislation and that are compliant with international conventions that were ratified by Lebanon for the same purpose:

(a)Setting the minimum age for employment according to the danger that the job entails;

(b)Classification of industrial jobs that constitute the utmost danger to children lives;

(c)Prohibition of discrimination based on gender; and

(d)Doubling the amount of penalties for infringement of the labor Law.

Pursuant to the new legislation, it possible for children to benefit from their parent’s national social security fund and public employees cooperatives benefits, which assured a wider health coverage and family compensation for the rest of the family members.

1-1-3-3 Public health

7.Amongst the achievements attained in the field of Public health, the issuing of Law no. 220/2000 related to ensuring the rights of disabled persons. This Law defined and categorized disabilities, as well as the role and structure of the national committee for the disabled affairs. It has set as well the right of disabled persons to obtain health services, rehabilitation and support, as well as his/her right for an environment where buildings and private places well equipped to serve their needs for transportation, parking spaces, driving license, housing, education and sports, his/her right for employment and work, social benefits and exemptions from fees and taxes. This Law ensures many equitable opportunities in many sectors abovementioned for all disabled persons including grown ups or children.

8.In relation to the various health services that are offered in public and private medical institutions, Decree no. 1692 and Decree no. 4265 issued in 1999 and 2000 respectively addressed the matter of child medical care and consecrated for children a special section in hospitals that ensured special medical care and medical class. It also has set the number of beds and vacancy designed for children in these hospitals and medical centers. These measures are set to ensure proper health prevention for children.

9.Lebanon is yet in need for appropriate mechanisms to ensure proper medical health care for children where the economic situation constitutes a main obstacle in that sense.

1-1-3-4 Sanctions

10.The Sanctions Law constitutes a major and most important tool within the legislative policy for the protection of children rights. It includes preventive and timely measures that prevent crime as well as measures to sanction and prohibit criminal action.

11.The issued Law no. 422/2002 related to the protection of juveniles in conflict with the sanctions law or at risk, is a milestone for ensuring the legal protection of children. This Law has taken into consideration in many of its articles the general principles of the Convention on the Rights of the child. Whereby it has set educational non-restraining measures that are in line with the non-retributive approach and gave authority to social workers in charge of pursuing juveniles matters from the beginning of investigation till the issuing of a court decision and subsequently, and to suggest the proper and adequate measure that is convenient for the juvenile, preceded by an extensive social investigation and after hearing the juvenile’s point of view on the matter in question. This Law has defined the “juvenile at risk” and ensured for him the proper protection in order to secure his/her rehabilitation and reintegration into society. However, this Law has some matters in stake that are controversial and ought to be revised per se, it has set the legal age for legal criminal responsibility at the age of seven years which is contradictory to the best interest of the child, in addition to the participation of the juvenile in the court hearing procedures with adults in the case where partnership in crime. This surely denies the juvenile’s right to privacy in all procedures of the court hearings in relation to public hearings, and this constitutes an obstacle to the juvenile’s freedom of expression of views, and the presence of specified people that are authorized by the court to attend court hearings. In addition to other loop holes which are today the main concern of the civil society that actively advocate for amending the Law in accordance with the Convention on the Rights of the Child.

1-1-3-5 Bilateral agreements

12.The Judicial international conventions, which Lebanon ratified consequently from 1998 to 2003, has mainly helped improve the situation of children and instituted their legal status in the society. The bilateral agreements with France and Canada are amongst the many bilateral agreements that Lebanon has ratified. These two bilateral agreements are based on article 11 of the Convention on the Rights of the Child with regards to combating the illicit transfer and non return of children abroad in application of the Vienna convention of 1967. These agreements have taken into consideration the principle of protection of the interests of minors and ensured child custody rights which both have a human aspect and where proper solutions and adequate protection are needed.

13.These agreements have set procedures on special measures to conciliate between parties for the return of the child that has been transferred abroad in an illicit manner, and ensured visiting rights for the parent who does not have custody. These agreements have also stipulated the obligation to notify the parent of the whereabouts of the child, as well as establishing

personal relationships with the parents, and ensuring visiting visas for them. Amongst the positive characteristics of these agreements is that they can go back in time to files or matters previous to the ratification.

14.The importance of the accession of Lebanon to the agreement on combating torture is that it aims to protect the human being in general from being victim of torture and other degrading and inhuman treatment or punishment.

15.Lebanon has acceded to the optional protocol annexed to the Convention on the Rights of the Child related to the sale of children, child prostitution and child pornography, thus Lebanon is set to combat this problem.

1-1-3-6 Culture and leisure

16.Because children have the right for rest and leisure during their free time, the Lebanese Government has adopted in article 50 of its Public Budget Law of year 2000 a reduced tariff by 50% for children under 18 and disabled persons, for access to historical and touristy sites, museums, exhibitions and public transportation. NGOs in cooperation with governmental bodies are seeking to establish public parks in most of the Lebanese regions.

1-1-4Project laws that are being studied

17.In addition to the achievements accomplished by the Lebanese government in the field of protection of the best interest of the child, many project Laws are being introduced by concerned parties like Ministries, public establishments and NGOs, to participate in the improvement of the legislative situation and administrative measures related to child affairs. Some of the project Laws as follows:

(a)Project Law for the amendment of Decree No. 110 dated September 16, 1983 related to the prohibition of trade in mother milk substitutes.

(b)Project Law for the amendment of the Decree related to the Organization of nurseries.

(c)Project Law for the amendment of Labor law in order for it to be in line with International labor agreements No. 182 and 183.

(d)Project Law set to give the NGOs the right for judicial pursuit when children rights have been infringed.

(e)Project Law to raise the legal age for compulsory education to 15 years.

18.Lebanese legislation is in general contemporary and compatible with principles of international conventions and take into account the principles of human rights, but lacks some implementation decrees and frameworks to ensure the proper implementation and follow up.

1-2 Administrative and other Measures, Budgetary Analysis, Monitoring Implementation, International Cooperation

1-2-1 A comprehensive strategy for children

19.Lebanon didn’t rely on a national strategy that was specifically tailored for children. The higher Council for Childhood is presently active in putting in place a national strategy, whereby benefiting from the national process that was adopted for compiling the third periodic national report on the situation of children in Lebanon. A strategy that would be compliant with the Convention on the Rights of the Child, “A World Fit for Children” declaration, and the Arab Action Plan for Children.

1-2-2Permanent government mechanisms

1-2-2-1 The Higher Council for Childhood

20.The Higher Council for Childhood is the national body entrusted with following up on the implementation of the Convention on the Rights of the Child, in collaboration with international organizations. This is according to its enacted Internal Policies and Procedures, Decision number 223/1 dated 29/11/2001).

1-2-2-2 Development and promotion of the Higher Council for Childhood

21.The Higher Council for Childhood is being empowered to perform its role as the national body that ensures coordination between the governmental sectors, non governmental organizations a well a international stakeholders concerned with children rights. Furthermore The council is responsible for preparing national reports, and supervises and evaluates the process of implementation of the Convention on the Rights of the Child. It is also responsible for putting in place children comprehensive national strategies and ensuring effective coordination for monitoring implementation.

22.Major steps:

(a)The enactment of its internal policies and procedures (refer to annex number 2).

(b)Initiating an enrollment process to the council for NGOs active in children rights, aiming at achieving wider representation of NGOs in the council. 131 local NGOs submitted applications, out of which 106 satisfied the pre-requisite conditions.

(c)The Process of Preparation of the Third National Periodic Report.

23.The Higher Council for Childhood had accorded the process of preparation of the third national periodic report a great importance. It was considered as an opportunity for promoting national dialogue about the situation of children and the comments of the Committee on the Rights of the Child as well as highlighting the various issues that ought to be included in the national strategy and plan of action. The process is based coordination, participation and

networking between relevant stakeholders. The Higher Council for Childhood is the responsible organizing and monitoring authority for the process of preparation of the report in collaboration with all the national partners (refer to annex number 1).

24.Various activities were implemented in parallel to the report compilation process the most important are as follows:

(a)Children Participation (refer to annex number 3).

(b)The establishment of a specialized committee for the protection of children form maltreatment.

(c)Workshops at the parliament in collaboration with the Parliament Committee for the Rights of Women and Children. They included presentations of the comments of the Committee on The Rights of the Child, achievements and constraints.

(d)Working session for United Nations Agencies in collaboration with international organizations.

(e)Working session for Human Rights Organizations.

(f)Media campaign covering the same topics assigned to the report preparation committees.

1-2-2-3 Specialized committees

25.The process of preparation of the national periodic report relied o multi-sector specialized committees. The Higher Council for Childhood is working on rendering them, permanent consultative committees for the council, that would eventually have a role in putting the national plan of action.

26.The Ministry of Labor had established a steering committee for the elimination of child labor, Ministerial decision number 55/1 dated 4/5/2001.

1-2-3Government policies

1-2-3-1 Financial reform

27.The government launched a five year fiscal adjustment plan, aiming at consolidating and developing macroeconomics stability, based on the reform of public expenditure, and the introduction of new procedures for managing the public debts. The biggest challenge facing the Lebanese Government remains, the alleviation of the burdens of servicing the public debts and what the pressure it exerts on the public finance, especially that the initial budget (net expenditure out of the debt service) is witnessing recently repetitive excesses.

1-2-3-2 The alleviation of social burdens

28.The government adopted a social policy that reflects the its financial reform program and alleviates the existing social burdens. In that context, two new social projects were initiated in 2002, aiming at community development and poverty alleviation. These steps prove that social issues are given as much importance as promoting long term development, financial and structural reform.

1-2-3-3 Five-year development plan, 2000-2004

29.The government put in place a five year development plan (2000-2004), to accompany the five-year fiscal adjustment plan. The plan objectives are summarized as follows: to address social issues, to achieve balanced development through focus on less developed regions, to upgrade the productive sectors, especially industry and agriculture and a commitment to complete ongoing projects.

30.The plan has two main foci namely:

(a)To promote the competitiveness and the competitive advantage of the private sector with a view to strengthening its central role in leading the country’s economy.

(b)To upgrade the level of provision of public facilities and services throughout all Lebanese regions. This is intended to meet the objective of improving the living conditions and eliminating regional disparities which will impact positively on the situation of children.

1-2-3-4 Public education

31.The overall signed agreements for research and construction projects in the education sector amounted to 95 million US dollars for the period starting in 1992 until mid 2003. The action plan aims at ensuring the availability of a “student chair” for each Lebanese school-age child in the primary level. This is implemented in compliance with the decisions of Dakar conference on ‘education for all”, and according to the plans devised by the Ministry of education and higher education. All the schools that would be constructed will be provided with equipments and laboratory materials that are required for the new curricula.

1-2-3-5 Public health

32.Several contracts were signed for rehabilitation and construction in the Public Health sector, amounting to 238 million US dollars, starting in 1992 until mid 2003. Subsequent to the construction of hospitals and health centers, the government seeks to provide health services to citizens wit no regional disparities. The Ministry of Public Health is focusing on capacity building and support of its personnel, primary health care, and rationalizing the escalating health expenditures.

1-2-3-6 Ministry of social affairs

33.The signed social contracts since 1992 until mid 2003 amounted to 13 million US dollars. The ongoing plans of actions in the social sector aim at continuing to provide social services to needy social groups, while focusing on women, disabled, displaced, and youth for their reintegration in society. The government adopted a policy that facilitates direct provision of social services through the Ministry’s network of social development centers that are nationally widespread and indirectly through partnership with NGOs. The Ministry is keen on upgrading its skills and capacities in monitoring and evaluation in order to improve its interventions and quality of services.

34.The Ministry of Social Affairs in collaboration with the World Bank and other international and local organizations, is developing an automated system of quality standards and specifications for beneficiaries, services, services providers, in additions to general and specific conditions for contractual agreements with NGOs and social welfare institutions. These measures are related to children benefiting from social welfare services that are ensured by the Ministry of Social Affairs. Whereby justified cases for children placement in social welfare institutions will be determined, in addition to improving the quality of services provided by these institutions and their compliance with the Convention on the Rights of the child. Concurrently, programs targeting child support within the family, are being developed in collaboration with NGOs and social institutions. It is expected that a gradual adoption of the new system will be undertaken starting 2004. Implementation will only take place after discussions with institutions and NGOs.

1-2-4 Child impact analysis

35.Lebanon doesn’t have a national accounting system that allows measuring the level of expenditures allocated to children and consequently its impact on services and the situation of children, especially those that are marginalized and disadvantaged.

1-2-5 Budgetary analysis

36.Public expenditure review has recently received more attention as a policy instrument. Working in that direction the Ministry of Finance and UNDP, in collaboration with UNICEF, completed a study in 1999, which seeks to analyze government expenditures on basic social services and their effectiveness. The objective of the public expenditure review is to determine the extent of the need to restructure government expenditure to secure additional resources for basic social services and the way to do it. (refer to annex 3 for budgetary analysis). The study revealed that the government expenditures on social services (education, health, nutrition, potable water, and wastewater services) rose from 22.8 to 25.8 percent of total government expenditures, during the period 1193-1998.

37.The problem of government expenditure on the main social services, then, does not reside in the absolute volume of expenditure but rather on the low level of efficiency, especially with respect to the weak effectiveness of the services covered by the public sector and their high cost. Education and health systems are characterized by their multiplicity and lack of homogeneity and by the dominance of the private sector. Government expenditures on basic education as a percentage of government expenditure on education reached 65% in 1998. The ratio of expenditures on basic education to total government expenditures reached 9,5 % in 1998.

38.With respect to education, the public expenditure review recommended that government expenditure be rationalized. More should be spent on improving the capacity and quality of public education and less on wages and salaries. Abolishing the system of education grants to public sector employees and revisiting the expansion of subsidized private schools (free private sector) could result in additional savings to be invested in the public sector, with the objective of lowering the unit cost of public education for the attainment of free and compulsory basic education.

39.Expenditures on basic health services accounted for only 13.8% of total government expenditure in 1998. With respect to health the study exposed the health care system as a very complex, strongly influenced by a profit-oriented private sector, favoring curative, sophisticated high-tech tertiary level medical services that reach only a small segment of the population. Large amounts of government expenditures on health care are spent on bills of the private sector and little goes to public health care institutions. The review recommended the strengthening of public hospitals and dispensaries and reinforcing their role as providers of basic health care, in addition to the development of an integrated health insurance scheme. This all falls within the broad objective of affordable quality health care.

40.The review explained that a major reason for the inefficiency observed in government expenditure on social services, is the absence of a comprehensive and integrated social and sectoral policies, in addition to the institutional weaknesses in the administration of resource allocation, control of spending and evaluation of results. The public expenditure review provided an analytical framework for the formulation of recommendations and policies in accordance with national priorities and the 20/20 Initiative guidelines.

1-2-6Monitoring and data collection

1-2-6-1 Basic data

41.In the past years, several important surveys were undertaken, namely “The Population and Housing Survey, 1996”, “The Survey on Living Conditions, 1997”, and “The State of Children in Lebanon, 2000”.

42.The main objective of “The Population and Housing Survey”, that was undertaken by the Ministry of Social Affairs, with direct assistance from the United Nations Population Fund (UNFPA), was to identify the demographic, social, economic and professional characteristics of the population, through a large national sample survey that included 65,000 households, that are statistically representative of the Lebanese society in all governorates and districts.

43.On the other hand “The Survey on Living Conditions”, that was undertaken by the Central administration of Statistics, generated a multitude of statistics pertaining to households, living conditions, health, education, debt, income. As well as demographic data that included non-Lebanese residents, which consequently led to quantitative discrepancies in comparison to the Population and Housing Survey.

44.The State of Children in Lebanon was based on the statistical framework provided by the comprehensive survey of buildings and institutions carried out by the Central Administration of Statistics in 1995 and 1996.

45.A multipurpose survey is planned for 2004, that would generate common and unified comprehensive data pertaining to demographic, social and economic situation of the population. Ultimately it would be used in the compilation of the fourth periodic report on the situation of children in Lebanon.

46.Since the second periodic report on the situation of children was based on the demographic data of the Population and Housing survey, and for comparative purposes in relation to the progress achieved in the situation of children, and given the fact of unavailability of more recent data concerning certain indicators; this third periodic report has exceptionally relied on the demographic estimates that were published in analytical studies of the Population and Housing Survey.

1-2-6-2 The national multipurpose survey

47.The Central Administration of Statistics is conducting in collaboration with the Ministry of Social Affairs, UNDP and other partners, a study entitled “The Households Living Conditions” about the living and economic conditions and that would cover all the Lebanese territories. This study represents the most important activity in capacity building project for poverty alleviation. The main objective of the survey is to update the statistical data that was collected in 1996 and 1997 in two different surveys conducted by the Ministry of Social and the Central Administration of Statistics respectively. It is expected that the results of this new survey will be used for national accounting purposes, as well as living conditions and poverty. In the social context it is planned to make use of the results of the survey for the compilation of various reports, including a social map for Lebanon, which is an upgraded version of the “Mapping of Living Conditions” that was published by The Ministry of Social Affairs and UNDP in 1998. In addition to determining the national poverty line in Governorates, and correlating the poverty with the social and economic indicators. The study was launched in the summer of 2003, field work will start in 2004 and will continue for year. The preliminary reports will be prepared end of 2004, whereas the final reports are expected to be published in 2005.

1-2-6-3 Research, information and documentation center for childhood

48.Within the framework of the program of cooperation between the Lebanese government and UNICEF 2002-2006, and the protocol of agreement that was signed between the Ministry of Social Affairs and UNICEF, it was planned to establish a research, information and documentation center for childhood at The Higher Council for Childhood. The objective of the project relate to monitoring the implementation of all the provisions and principles of the Convention on the Rights of the Child.

49.The specific objectives of the project:

(a)To establish a research, information and documentation center for childhood at The Higher Council for Childhood.

(b)To find and implement a mechanism that would ensure the flow of up-to date information to the center, where that can be analyzed.

(c)To put in place a dissemination strategy that would allow access to the center generated children related information to all relevant stakeholders.

(d)To establish databases that would facilitate the preparation of national periodic reports on the situation of children that area submitted to the International Committee on the Rights of the Child, as well as monitor the progress achieved in the implementation of the convention.

50.Several relevant activities were already implemented, namely the Child Info project, which represents the starting point for establishing the center. Child Info is a computer software that permits the creation of databases, storage and retrieval of indicators and their geographic presentation within maps. Child Info enables the process of comparing the indicators to the articles of the CRC. Thus it is a effective tool for program planning and reports preparation. The statistical package that would annexed to the third periodic was prepared using Child Info software.

51.The general secretariat of the Higher Council for Childhood, is in the process of releasing a national database on children in collaboration with a national steering committee that was formed for this purpose, and a training program that was organized for relevant stakeholders.

1-2-6-4 Studies and data collection

52.The Central Administration of Statistics launched in March 2000 with the participation of the ministries of Public Health, Education, Social Affairs, and Labor, and with the support of UNICEF the national study on the situation of children in Lebanon with the aim of obtaining essential indicators related to the development of children at national level and at the level of the Governorates. The study provided a wealth of information on the situation of children relating to all developmental levels from o to 18 years of age, and that would used in the third periodic report whenever deemed necessary.

53.The final results contained in the report, clearly indicate that Lebanon realized in spite of all the difficulties and wars that the country has gone through. Namely a decline in Infant and Under 5 Mortality Rates, an increase in enrollment in pre-school and basic education, and the sound management of childhood diseases and prevention of communicable diseases and vaccine preventable diseases. It is to be noted that these achievements do not show any gender differences.

54.However, there are still a number of indicators below the average that need further efforts at the national level mainly:

(a)Exclusive breastfeeding in the first six months.

(b)The sound introduction of complementary foods to newborns and giving them the necessary nutrients especially iron, and diversifying their nutrition.

(c)Child Labor for the age group under 14 years.

(d)School drop out.

A review of indicators on the situation of children by Governorates, shows pronounced regional disparities.

1-2-6-5 PAPFAM survey

55.The Ministry of Social Affairs is conducting the PAPFAM survey in collaboration with the Arab League and with the support of UNICEF, WHO, UNFPA, and AGFUND. The Central Administration of Statistics will provide the technical support and will undertake sampling and field work. The survey will cover a national sample, the general questionnaire will include aspects relating to the economic and social characteristics of households (a sub-questionnaire of the living conditions multipurpose survey). In addition to reproductive a health questionnaire, the elderly questionnaire, and a subsequent youth questionnaire. The survey will generate detailed data about the health of each family member, including children. Furthermore, the youth survey will cover the age group 15-18 years (as per the definition of the child in the CRC).

1-2-7Participation of Civil Society

56.The achievements that Lebanon has made in relation to the situation of children, are closely related to the active role of civil society. NGOs are still providing health, education and social services in all areas of Lebanon. In addition, municipalities that were elected for the first time in 35 years and they have played an important role in meeting the needs of towns and villages, as well as in planning and implementing projects. Municipalities have actually contributed directly to ensuring access to education and to health services for needy children, in addition to their environment related work.

57.NGOs are the most important partners of Ministries, the latter fund and support a major part of their activities. The initiation process of enrollment of NGOs to the Higher Council for Childhood, and the process of preparation of the third periodic report on the situation of children, have tremendously facilitated participation of NGOs and children themselves.

58.Lebanon have witnessed after the Children Parliament in 1996, various initiatives that encourage children participation in asking for their rights mainly:

(a)Children Municipal Councils (since 1999 until 2003).

(b)Children Government (1999).

(c)The establishment of a mailbox and e-mail address at the presidential palace aiming at allowing children to express their views (Childhood@presidency.gov.lb and POBox Baabda 40001).

(d)Complaint boxes at several schools and NGOs.

59.The process of preparation of the periodic reports and the concurrent children participation sessions, have extensively encouraged children participation and the free expression of their views, as was mentioned previously.

1-2-8Accountability to Parliament

60.Coordination between the Higher Council for Childhood and the two Parliamentary committees for the rights of women and children and the Human Rights committee, have continued, in collaboration with Children Rights NGOs in order to propose Law projects or amend laws in accordance with the CRC. The Higher Council for Childhood was keen on presenting and discussing the comments of the International Committee on the Rights of the Child with the parliamentary committee for the Rights of Women and Children. Furthermore, the UNDP office at the parliament have organized a series of specialized conferences on children rights.

1-2-9Independent human rights institutions

61.One of the NGOs has established a children complaint office in order to advocate for their rights and protect them from infringements and abuse that they may be subject to. However the work of this NGO is on a local scale, and national independent offices that provide such services are yet inexistent. It is worth mentioning that The Higher Council for Childhood actively follows up on incoming cases and refers them to specialized organizations in coordination with NGOs and civil society institutions.

1-2-10 International cooperation for implementation

62.The United Nations Development Assistance Framework (UNDAF) is the planning framework for UN system development operations at the national level. The UNDAF is built on common goals, objectives and strategies of cooperation supported by a common resources framework and a common approach to follow-up. The two main goals are as follows: The first goal aims to achieve enhanced national decision making capacity for development; the second goal is to achieve the implementation of a rights-based approach to development. This goal aims to achieve increased equity wit a special focus on poverty alleviation and sustainable livelihoods through the reduction of disparities between regions and groups. The country cooperation programs of individual UN organizations for 2002-2006 period reflect the lines of action of the UNDAF consistent with the main priorities of the national plans and programs.

1-2-10-1 Program of cooperation between the Lebanese government and UNICEF (2002-2006)

63.The program of cooperation aims at supporting the Lebanese government in its efforts leading to the implementation of the principles and provisions of the CRC. In addition to addressing disparity issues and promoting equity for women and children and securing a positive role for youth in society. The program has adopted a human rights based approach as well a child based focus. The components of the program constitute a solid base for the dissemination of children rights.

64.The program of cooperation 2002-2006 consists of four projects:

(a)Child Care and Development including two programs, maternal and child care and early childhood care and development.

(b)Children education program and empowerment.

(c)Youth empowerment and protection program including two sub-programs, preparing youth for the future and youth in danger.

(d)Women and children rights advocacy program.

65.UNICEF commitments: The executive board of UNICEF had agreed to allocate 3,121,000 US dollars from UNICEF funds to support the program of cooperation. In addition it assigned the UNICEF office in Lebanon the task of securing additional funding to support the program, estimated at 5,000,000 US dollars.

66.The Government commitments: The government will provide all the necessary human resources, facilities, technical support, running and fixed expenditures that are available for implementation.

1-2-10-2 The international program for the elimination of child labor ( IPEC )

67.The Lebanese government signed a memorandum of agreement with ILO and IPEC and launched the program in 2000. IPEC funded in Lebanon, with the support of the French government ten projects having the following objectives:

(a)Prevention of school drop out especially those that work and study at the same time.

(b)Withdrawal of hundreds of children from the labor market and securing their education.

(c)Support to families of working children, by providing alternative sources of income.

(d)Preventing the introduction of children to the Labor market, especially those in especially difficult circumstances.

(e)The establishment of specialized units for combating and the elimination of child labor at the Ministry of Labor and the Ministry of Interior and Municipalities.

(f)Training of Labor inspectors for withdrawal of children from the worst forms of child Labor.

(g)Training of police personnel on appropriate ways for dealing with working children, child labor, and on recognition of cases of child abduction.

(h)Legislative reform of child labor protection laws.

(i)Sensitize and empower Labor unions for the elimination of child labor.

(j)To undertake a study on working children in shoes and clothes industries, and sensitize employers for the elimination of child labor form all industries in general, and specific hazardous sectors.

(k)The prevention of school drop out and early entry into the labor market for children residing in Palestinian camps in Lebanon.

(l)The establishment of specialized centers for working and vulnerable children in the Nabatieh and Tripoli regions.

68.IPEC seeks in general to support national governmental and non-governmental capacity building, for the elimination of child labor. It also gives great importance, to coordination and networking between the national stakeholders and civil society. The allocated budget for IPEC program in Lebanon reached 600,000 US dollars.

1-2-10-3 Education

69.UNICEF and UNESCO work in collaboration with education stakeholders, for capacity building and development of indicators that facilitate monitoring of the progress achieved in the education sector. UNESCO supports the implementation of the Free and Compulsory Primary Education Law. It enhances the role of local communities in the provision of resources for access and quality of education and supports effectiveness of spending on education. It supports processes in education, culture, ICT. It provides education and cultural services (including ICT), to disadvantaged areas and persons with special needs.

70.The World Bank project on general education, includes two main components: management and institutional development and improving the quality of education.

71.The overall number o schools that will be built on all Lebanese regions (except for the capital Beirut), is 62 accommodating 40,000 students, in all education levels. Foreign funds were secured and they reached 45.3 million US dollars.

1-2-10-4 Social affairs

(a)Poverty alleviation project/ Capacity building for poverty alleviation

72.The Ministry of Social Affairs with the support of UNDP, is responsible for implementing the project activities. Since the onset of implementation of the project in 1999, its allocated budget reached 877,000 US dollars (Ministry of Social Affairs $272,000, Norway $524,000, UNDP $66,000, Fares Foundation $15,000). The preparatory phase of the project had highlighted the need to conduct a national survey. Institutional capacity building of the Ministry of Social Affairs was undertaken, it encompassed the ministry’s social development centers and supporting policies for poverty alleviation.

73.Based on the first cycle of the project, a new common project between the Ministry of Social Affairs and UNDP was developed, entitled “Capacity Building for Poverty Alleviation”. This project will be funded by the Ministry of Social Affairs $932,000 and UNDP $334,000 respectively.

(b) The national program for population and development strategies, UNDP.

74.During implementation of the previous cycle of the national program, with the support of UNFPA, and within the framework of the population and development strategies project, the “National Population Document” was accomplished. A plan of action will be put in place, in accordance with that document and in order to achieve the objectives of the population policy in the following program cycle.

75.The following two projects are planned in the 2002-2006 program cycle. The first one focuses on the incorporation of population and development issues in to the national planning and programming process. It aims at the following:

(a)Capacity building for incorporation of population issues, reproductive health, gender in the planning process at the national and sector level.

(b)Generation of demographic data, disaggregated data by gender and regions.

(c)Awareness raising for decision makers and parliament members and media, on priority issues pertaining to population, reproductive health and gender. This project will be implemented over 49 months.

76.The second project is a reproductive health program which aims at improving the Lebanese population’s quality of life. The Ministry of Public Health and the Ministry of Social Affairs have cooperated in the implementation of the two sub-projects included in the program:

(a)The reproductive health, media, education and communication sub-project at the community level, that aims at capacity of reproductive health service providers, and improving their communication skills and youth awareness raising on reproductive health diseases and HIV prevention.

(b)Introduction of reproductive health services and information into targeted regions, aiming at improving the quality of reproductive and reducing disparities between social and economic sectors and ensuring balance between the population dynamics and social and economic development.

1-2-10-5 Development and environment

77.Programs that fall within this framework aim at improving the living and economic conditions of the underserved areas by upgrading the basic social and economic infrastructures and developing the productive skills of the residents of these areas in order to achieve equitable development based on partnerships between the public and private sector and the community.

The Integrated Rural Development Program for the Baalbek- Hermel region (East Lebanon), with support of UNDP.

Arab Rural local communities development project in Lebanon.

The Socio-Economic rehabilitation program for the south of Lebanon (UNDP)

The main achievements of this program relating to children and youth are the establishment of 30 youth clubs in the liberated southern regions of Lebanon. 18 centers were subsequently launched for youth training on internet and computer skills. The clubs participated in organizing sports activities and initiating and managing cinema clubs. Training for Social Development Centers personnel of the Ministry of Social Affairs was organized in order to improve their performance and participation in youth related activities. The program was able to ensure additional financial support from the British and Dutch embassy and the private sector. The Lebanese government funded 1.25 million US dollars, the UNDP 1.25 million dollars, and other funding agencies 1.38 million US dollars.

(a)The socio-economic program for supporting the return of the internallydisplaced, UNDP.

78.The program aims at supporting the reconciliation process between the residents and returning displaced and provision of basic social services for the population in these areas. The program has made several achievements namely, equipping 95 youth clubs and two libraries with books and computers and leisure equipment. Furthermore 98 public schools and 11 dispensaries were equipped to improve their services. In addition 7 training workshops were organized, 850 youth participated from the villages of the districts of Alieh, Baabda and Shouf area, the training subjects relating to conflict resolution and promoting partnerships with NGOs and municipalities. 17 children rights awareness raising workshops were organized, whereby more than 1000 children were targeted in schools. The program was able to establish new partnerships with a number of funding agencies, including the British, Japanese and German embassy. At the end of 2002, the financial contributions of the Ministry of the Displaced, UNDP, and the Council for Development and Reconstruction approximately 3.2 million US dollars.

(b)The community development project

79.The World Bank launched this project at the beginning of 2003. It reflects the government’s commitment to implementing an integrated development strategy, based on balanced equitable development for all Lebanese regions. The development objective of the project aims at finding effective and sustainable ways for improving the living conditions and the economic situation of the most marginalized and underserved communities. The project is composed of three components:

(a)Social development and upgrading of the infrastructure. The main objectives relate to implementing social programs targeting specific vulnerable groups, especially women and children and the disabled.

(b)Capacity building for income generation.

(c)Support for projects management.

The overall cost of the project is estimated at 30 million US dollars, the Lebanese government will fund 5 million $. The local communities will fund 5 million $ in kinds, and the reaming 20 million $ will be provided as a loan by the World Bank. Project implementation and completion will require five years.

(c)The Socio-Economic Development Fund

80.This project was established as a result of the funding agreement that was signed between the Lebanese government and the European Union in 2000. 25 million euros were allocated by the European Union and 6 million euros from the Lebanese government for establishing an independent fund. Given that the fund will request the assistance of qualified mediator organizations, including Banks, NGOs and municipal councils and other groups for supporting the general objective of poverty alleviation.

1-2-10-6 Juvenile justice

81.In line with the Protocol of agreement that was signed between the Ministry of Justice (Youth Department), and the United Nations, Office for Drug Control an Crime Prevention in 18/9/1998. A series of training programs were implemented, pertaining to Juvenile Justice and targeting judges, social workers and internal security forces. The Protocol launched in 2002 a project for strengthening institutional capacities in the field of juvenile justice, focusing in particular on the rehabilitation of minors in conflict with the law and the judicial protection of minors victims or in danger. The first phase of the project aims at establishing a specific institution for the detention of girls in conflict with the law. The Second phase that started late in 2003, will try to establish a Youth Care Service and will set reinsertion programs outside the prison context. It will also establish a Protection Section at the Youth Department of the Ministry of Justice and a judicial protection procedure for minors at risk or victims.

1-2-10-7 Health

82.Several national programs are included within the framework of cooperation between the Lebanese government and the World Health Organization. These programs contribute to the actualization of the health related rights of children, mainly; The National Program for Combating HIV in Lebanon, health education programs in schools, primary health care programs, the national program for combating smoking and environment programs.

1-2-10-8 International and regional non-governmental organizations

(a)Save the Children Fund UK (US$ 0.8 million)

83.The organization’s mandate relates to the Convention on the Rights of the Child, accordingly it seeks to ensure the best interests of the child. It implements pioneer projects and advocacy activities in collaboration with the relevant public departments and United Nations organizations, as well as local and international NGOs. It supports and funds projects aiming at education of children in especially difficult situation and school drop-outs, the inclusion of disabled children into mainstream education, early childhood development and non-formal education in the South of Lebanon. In addition to provision of school textbooks in public schools and support services to Social Development Centers in deprived areas.

(b)Save the Children Sweden (Radda Barnen)

84.The organization cooperates with other local and international NGOs and UN agencies to help ensure the rights of the child. It works for especially vulnerable groups of children, such as those with disabilities, and for displaced children, Particularly those in the South of Lebanon subject to the threat of landmines. The organization provided support to a project to integrate young blind girls in daily life in Saida and a library project to promote child-friendly libraries in the camps.

(c)Save the Children Federation (USA), (US$ 0.3 million)

85.Supported non-formal education and youth development through community development. It implemented a project related to conflict management for youth. It is to be noted that as of 2003, the organizations stopped its activities in Lebanon.

(d)Terre des Hommes, (US$ 0.7 million)

86.Supported educational projects for non-scholarized children to encourage them to enter mainstream education, the project approach included the integration of vocational training. Another important project focused on social rehabilitation of children in conflict with the law and young prisoners (Including the establishment of a library at Roumieh Prison). It is to be noted that as of 2003, the organization stopped its activities in Lebanon.

(e)World Vision (US$ 5 million)

87.The organization works with communities on capacity building and providing services that ensure integrated child development through supporting educational institutions, upgrading the quality of health services, non-formal education, support of youth and scouts NGOs (including training and resources), support of public libraries and computer centers, and environmental activities. It implements projects in targeted villages for improving the living and health conditions and income generation.

1-3.Dissemination of the Convention on the Rights of the Child, Making it Widely Known

1-3-1 Dissemination and promotion of the Convention

88.Lebanon has accorded high priority to the issue of disseminating the principles and provisions of the Convention on the Rights of the Child. Accordingly it has adopted a targeted methodology for awareness raising of various groups in the community, including the general public, decision makers, parents, children themselves, and personnel directly working with children. The extensive collaboration between the Higher Council for Childhood, UNICEF and NGOs in that respect had a great impact.

1-3-1-1 Text of the Convention on the Rights of the Child

89.The text of the Convention is available in Arabic. Approximately 4000 copies of the “First Call for Children”, were printed and distributed, containing the full text of the Convention. Similar number of new copies of the Convention were printed in Arabic language, and are being distributed through the UNICEF office, the Higher Council of Childhood and NGOs, they are also used in all training workshops pertaining to children rights. The text of the Convention was also disseminated to relevant governmental bodies and NGOs. A simplified version of the Convention was published. It is worth mentioning that the text of the convention is also available in English, French and Armenian languages. The distributed number of the text of the convention is insufficient, there is an active process for ensuring wider dissemination.

1-3-1-2 Educational curricula

90.The new general curricula for pre-university education were issued according to Decree No 10227 dated 8/5/1997. The Convention on he Rights of the Child was incorporated into the respective curricula 1n 2000. The subject matters that included the CRC, were English language, Arabic language, French language, sciences, national and civic education, translation and sociology. However the new curricula weren’t coupled with a sufficient training process for teachers. In addition the Convention is taught partially in certain departments of the Lebanese university.

1-3-2Media and publications

1-3-2-1 Media

91.The following was achieved:

(a)Production of television spots that addressed the survival, development, protection and participation rights of children.

(b)Discussion of children rights issues in the context of television talk shows, especially during the month of November of each year which is considered as the children rights month in Lebanon and is reserved annual broadcastings on children rights.

(c)A television program “Touflouna”, meaning our child, on early childhood care and development.

(d)Decoration of the walls of the Children Science Museum with paintings and posters on children rights, as well as the walls of certain schools, streets and bridges.

(e)Production of posters on children rights topics, namely right to healthy environment, right to free and compulsory education, right to development, right to play, in addition to a poster and cards outlining a simplified version of the Convention in Arabic, English and French languages as well as Brail for the blinds.

(f)Sending SMS messages on the CRC through mobile phones (mobile usage is 16 per 100 people).

1-3-2-2 Publications

92.Several materials were published targeting children, mainly:

(a)Ten stories were prepared containing topics directly related to rights included in the Convention “Under the Willow Tree”, 2001, (UNICEF, the Higher Council for Childhood).

(b)Coloring book covering 23 articles from the CRC, “Our Rights”, 2001, UNICEF.

(c)A book containing a simplified version “My Rights”, to be used for children in primary schools, 2001, UNICEF.

(d)A set of nine posters on the Rights of the Child covering the following CRC articles: 2, 6,13, 22, 23, 24, 28, 32, 2000, UNICEF.

(e)A booklet on CRC related to the rights of working children, “Our friend, the working child, get to know your rights”, 1999, UNICEF.

(f)Brochure on the Unit for Combating Child Labor at the Ministry of Labor, 2002.

The majority of the publications are produced in Arabic, a few are also in English and French.

93.On the other hand training manuals were produced targeting those who work with children and parents, among the most important the following:

(a)“How to Organize a Training Workshop n Children Rights”, 1997,(UNICEF, the Higher Council for Childhood).

(b)“How to Organize a Training Workshop on Children Participation”, 2000, (UNICEF, the Higher Council for Childhood).

(c)“Working with Parents on Childs Right”, 2001, (UNICEF, ARC, Rada Barnen).

(d)“Practical Exercises on Children Rights and Conflict Resolution for Workers”, 2002, the Higher Council for Childhood.

(e)“Justice, Society, and Juvenile Protection”, 2002, Ministry of Interior and Municipalities, UNODCCP.

(f)Guidelines manual for employers for combating child labor, relevant to the Industrials Association Project for combating child labor.

1-3-3Training

94.Training on the concepts and guiding principles of the CRC, were diversified, encompassing training workshops for enhancing the knowledge in respect to the provisions of the Convention and training of trainers. Trainings included various target groups namely, judges, social workers, educators, health workers, scouts, police officers, internal security forces, relevant Ministries, NGOs, Civil Defense, school teachers and other teachers. It is to be noted that targeted groups included as well parents and children themselves but less frequently (Refer to Annex 4). In general, there is still a need to undertake more training activities in order to cover all relevant professional groups that are working with children and to diversify the types of training (facilitation techniques, from child to child, …).

1-3-4Conferences and seminars

95.Specialized conferences and seminars have intensified and were focused on issues covering all children rights. It is worth highlighting that several conferences were held aiming at the presentation of the concluding observations and comments of the committee on the rights of the child pertaining to the second periodic report. Certain activities had a national aspect and were coordinated by the Higher Council for Childhood, union of NGOs and UNICEF. Conferences were held in all Lebanese governorates, whereby children had the opportunity to express their views in programs and policies that concern them.

1-3-5Dissemination of reports and the Convention

96.One thousand five hundred copies of the second national periodic report were printed and distributed. Five hundred copies of the concluding observations of the Committee on the Rights of the Child were printed and distributed. Eight thousand copies of the Convention were printed and 4,000 distributed (4,000 of the new version are being presently distributed).

Chapter II

Definition of the Child

97.The International Committee on the Rights of the Child included in its concluding observations on the second periodic report of Lebanon three recommendations:

(a)Reducing the discrepancy with regard to the minimum age of marriage, and raising it, and rendering it similar for males and females.

(b)Raising the minimum legal age for criminal responsibility.

(c)The need to fill the gap between the age at which compulsory education ends with the minimum age of access to employment, by increasing the two ages to 15 years old.

98.In addition to what was mentioned in the second periodic report, it is important to emphasize the following points:

(a)In Lebanon, the Laws of the different religious groups regulate the legal age for marriage and most personal status matters. Consequently, no amendments have been made to these Laws, until the present date. This is a result of Article 9 of the Constitution, which leaves personal status regulation to the various religious groups in Lebanon, and their relative jurisdictions. Noting, that in 1998, a Project Law for optional civil marriage has been submitted but has not yet been approved. In spite of that, NGO’s and the syndicate of lawyers are still pursuing their efforts in that concern.

(b)Raising the adopted minimum age of criminal responsibility in Lebanon (seven years), is an urgent necessity that would be sought through various efforts in order to achieve it. It is worth mentioning that juvenile justice Law, as well as other child related laws, do not discriminate according to gender, except for the place of detention.

(c)As for filling the gap between the age of completion of schooling and the minimum age for employment, a Project Law has been prepared aiming at raising the age for compulsory education from the primary education phase to the secondary education phase, meaning from 12 to 15 years old. As for the minimum age for employment, Lebanon ratified in June 5, 2002 the ILO Convention No. 138, which sets the minimum age for employment at 15 years old. Therefore, Lebanon has achieved the first step in that direction, awaiting for the issuing of implementation decrees.

Chapter III

General Principles

3-1 Non-Discrimination

3-1-1In the Constitution of 23/5/1926

99.It has been set out in paragraph “j” of the Preamble that: “Lebanon is a parliamentary democratic republic founded on social justice and equality between rights and obligations between all citizens without discrimination nor preference”.

100.As set out in article 7 of the Constitution: “All Lebanese are equal before the Law and enjoy without any discrimination political and civil rights, and assume public obligations and duties without any discrimination.”

101.The principles of justice, equality and non-discrimination are set out in the Lebanese constitution whereby no other legal text can contradict them. This constitutional text is a general one, however it applies only to Lebanese nationals, without any discrimination even with regards to age, yet does not apply to foreigners. Youth or childhood does not constitute in itself a reason for ineligibility, but also does not receive special care in the constitution, that distinguishes it from other citizens.

3-1-2Local legislation related to children

3-1-2-1 Code of medical practice: No. 288 dated 22/2/1994

102.Article 15 of Code of Medical Practice stipulated: “A doctor must notify the competent authorities if during the practice, he/she discovers cases of mandatory detention, maltreatment or deprivation of a minor”. This legal text is comprehensive aiming at the protection of minors from mandatory detention and does not discriminate between children for any reason.

3-1-2-2 The Labor Law

103.The Labor Law incorporated the principle of non-discrimination in its article 26 amended by Law No. 207 dated 26/5/2000 whereby it prohibited explicitly discrimination for reason of gender against the employee, in relation to the type of work, the wage and employment.

3-1-2-3 The law regulating the health register for newborns No. 550 /1996

104.The First article of this Law stated that “A special Health Register for each Lebanese newborn must be adopted at birth”. Its article 3 also stipulated that this health register is provided free of charge from the delivery facilities or the medical care of the districts. This Law is destined for Lebanese nationals but does not discriminate between newborns other than for nationality reason. This discrimination for nationality reason is limited to the fact that the register is compulsory for Lebanese nationals, however foreigners can be provided with these registers if the parents of the newborn solicit it.

3-1-2-4 Public education

105Article 49 of Decree No. 134/59 related to the Ministry of Education has been amended by Law No. 686 dated 16/3/1998 whereby stating the following:

“Public education is free and compulsory in the primary phase, and is a right to every Lebanese in the primary education age. The conditions and regulations of the public and compulsory education are to be defined by decree of the Council of Ministers.”

The State must do its best endeavor in order that the Law encompasses all children in the Lebanese territory, in compliance with the Convention on the Rights of the Child.

3-1-2-5 Disabled affairs

106.With the enactment of the principle for the eradication of discrimination between disabled persons and persons without disabilities, the “professional care” became aimed at preparation for employment of the person capable to work by ensuring the proper conditions for employment and ensuring the proper work opportunities for disabled persons in the private and public sector. The professional care includes providing assistance to the disabled and monthly unemployment allowances to the persons who are not capable of working and who have lost all their ascendants to the second degree as well as their brothers and sisters. The medical care is also set for ensuring proper medical care and hospitalization and medications for these persons, which is covered by the Ministry of Public Health.

3-1-2-6 Issues related to personal status and early marriage

107.The age of 18 is the official age for adulthood in the Lebanese legislation, below this age the legal capacity for contractual agreements is not given, and legal responsibility is not complete for those committing penal crimes.

108.The entire Lebanese legislation in force, with the exception of the Personal status Law is a civil and non-sectarian Law. However, in all matters related to the personal status and especially in marriage and its related issues, Lebanese citizens are subject according to their religion to the religious laws set forth by their respective religious authorities. The Lebanese State has recognized 18 official religious groups in Lebanon. 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 its judicial courts and legislation. Therefore, the minimum age for marriage differs between a person and another depending of his/her religion. The age of marriage differs also between male and female in the same religious group.

109.Because of the specificity of the personal status Laws for each sect, early marriage in Lebanon still exists in Lebanon, at least in the Law but practically limited numbers are registered, and in specific villages. Therefore, public awareness is necessary, as well as dialogue with religious authorities in that respect.

110.Regarding the legal aspect of this issue, article 7 of the Constitution stipulates that “all Lebanese are equal before the Law…” This legal text supposes the existence of a unified Law for all Lebanese, which regulates all of their affairs, including the personal status matters. Therefore, the multiplicity and discrepancy between the different personal status systems in Lebanon in many matters of importance constitute a contradictory state of fact with article 7 of the constitution and the Convention on the Rights of the Child. Some NGO’s are active in an attempt to issue a civil, contemporary unified Law for personal status, where both parties of the contract are equal in rights and obligations.

3-1-2-7 The penal law

111.The Penal Law is applied to both adults and juveniles in all matters, and whenever there is no special legal text applied to the juvenile. “The Law for juvenile delinquents”, issued in 16/9/1983, was replaced by the Law No. 422 dated 6/6/2002 for “The Protection of Juveniles in Conflict with the Law or at Risk”.

112.Criminal Laws in Lebanon do not discriminate between a child and another for any objective reason, whether the juvenile is the one committing the crime or the victim. However, the Penal Law discriminates concerning male and female sanctions that are applied in the case of adultery. Prior to 20/2/1999 the article 526 of the Penal Law provided “absolution” for the murderer of a female accused of adultery if the murderer was her spouse, her brother or any of her ascendants or descendants. As a result of the amendment by Law No. 7 dated 20/2/1999 “absolution” has been replaced by “clemency”. Some NGO’s have been seeking the abolition of “clemency” but without the cancellation of the crime of adultery.

3-1-3Services and facilities

3-1-3-1 Medical services in remote areas

113.The Ministry of Public health with the help of international organizations and other donor parties, has undertaken the expansion of the network of the primary health care centers in order to cover all Lebanese regions, especially underserved areas. This is in addition to the availability of the centers of NGO’s and the Development Services Centers of the Ministry of Social Affairs.

3-1-3-2 Educational facilities in remote areas

114.The Ministry of National Education and Higher Education is in the process of preparing a national education map whereby schools would cover all Lebanese areas.

3-2 The Best Interest of the Child

3-2-1Consideration given by judicial authorities to the principle of the best interestof the child

115.Civil Courts. The Child has the right to be present at these courts as a plaintiff or a defendant or to participate in the proceedings if he has interest in stake, and he can represent

himself or be represented by his legal guardian or his custodian or by the person who is legally in charge of him/her and his testimony is only accepted on the basis of information and without taking the legal oath.

116.The Criminal trial procedures are applied to all matters that comply with the Law related to “the juvenile in conflict with the Law”. This is true for the secrecy of the proceedings of the trial, and the presence of a lawyer and the attendance of the social representative of the Union for the Protection of Juveniles, as well as his/her right to remain silent when being interrogated … The child on detention is granted also a reduction in his/her sanction – as applied for adults- if he/she shows good conduct and willingness to refrain from going back to crime (The Law for implementing sanctions No. 463 dated 17/9/2002).

117.The best interests of the child in sentences issued by the juveniles’ courts. Based on the decision issued by the first instance judge at the criminal court, “ With regards to the positive outcomes in the situation and position of the father and the progress of the family, and taking into consideration the personality of the juvenile, and in the framework of the guarantee provided by the protection of the juvenile protection representative, and taking into consideration that the person who has been given the guardianship of the child has followed the directives given by the protection of the juvenile representative, and the principle stating that the family is better placed than any other moral or natural person, therefore the court sees that the child should be kept with his parents’ custody.”

3-2-2Consideration given by administrative authorities to the principle of the best interests of the child

118.There are some consideration given to this principle, which is found in some of the decisions and circulars including the following:

(a)Prohibition of providing a child a passport without his parents consent, for the child’s own protection.

(b)Generalizing children’s vaccination.

(c)Generalizing compulsory education until a certain age.

119.The budget allocations, on the central and local levels: There is no budget allocated for children.

120.Planning and development policies including policies relating to housing, transportation and environment:

(a)Housing: through the National Housing Institute that provides facilities in the absence of specific housing policy.

(b)Transportation: generalizing public transportation and organizing the transportation of students back and forth from schools and ensuring their safety.

(c)Environment: Including the prohibition of engines working on diesel oil, the establishment of public parks, issuing of the law regulating hunting, and moving waste landfills outside of residential areas …

(d)Social security: The National Social Security Fund (NSSF) provides funds to employees registered at the NSSF, thus children of employees registered at the NSSF benefit from health, education and family compensations, a facultative coverage of the NSSF has also been set up for persons not covered initially by the NSSF, but it is of high cost which resulted in children not benefiting from this coverage. The NSSF has not taken primarily the best interest of the child but took it partly in consideration when setting up the benefits for persons benefiting from the NSSF.

3-2-3Remaining problems to be addressed for considering the best interestsof the child

121.The government of Lebanon is gradually seeking to solve the following problems:

(a)The absence of judges specialized in juvenile matters.

(b)The absence of a unified Law for children.

(c)The absence of a unified Law for personal status that takes into consideration the best interests of the child.

(d)The lack of strict measures to combat drug use, smoking and alcohol and the proper implementation of legislation and circulars prohibiting the sale of cigarettes to children.

(e)The insufficient number of useful leisure places, i.e. sport clubs, scouting and summer camps.

3-3 The Right to Life, Survival and Development

3-3-1Suicides

122.In the absence of studies and statistics on this issue, a recent study indicates that the average of the yearly suicide in Lebanon, is close to 50 cases per year, meaning 2 suicide incidence for every 100.000 citizens, according to official numbers. However, these numbers do not reflect the reality of the prevalence of suicide in Lebanon for diverse reasons, related to the social and cultural aspect surrounding it, which prevent parents from declaring suicide of their relatives and their tendency to cover these issues as much as possible. However, it is noticeable that suicide of children below 18 years old increased since the mid nineties. The rate of suicide amongst children reached almost 14.5% out of all suicides in 1996, as for the years 1998, 1999 and 2000 the suicide rates reached respectively 6.2%, 19.4% and 6.6%. The measures that are undertaken to prevent suicide are mainly effort from the public sector and NGOs through awareness raising and media to reduce its increase in the future.

3-3-2Crimes of honor

123.During the last three years, no change was witnessed for combating the so-called “crime of honor” committed by minors instigated by their families. A recent study on “Crimes of honor” showed that out of 24 murders committed in this regard with final judicial sentences issued for these cases between year 1998 and 2000, 5 crimes were committed by minors aged between 16 and 18 years old.

3-4 The Respect of the Child’s Freedom of Expression

124.Social and traditional public attitude hinders taking fully the child’s opinion into consideration. However, there are many achievements in this regard done by schools, civil courts and public administrations.

3-4-1Schools

125.The Ministry of National Education and Higher Education and the Center for Educational Research and Development have introduced into the new curriculum that was implemented in 1999, new processes for children participation, whereby diversified teaching methods were adopted including active learning techniques, increasing extra-curricular classes, the establishment of boxes for complaint. Election of a representative for each class and the participation of students in cultural and artistic activities through clubs. However, these measures have not been adopted in the majority of schools.

3-4-2Public administrations

126.Many activities set out for the participation of children and taking their views into consideration, have been organized on the national level including:

(a)Youth cabinet: In the year 1999 the Presidency of the Council of Ministers with the cooperation of UNICEF, have organized a ministerial council, with youth having the task of participating in decision making and giving logical solutions for problems in stake. A work plan has been set up based on the youth priorities including: Development, youth and the Law, employment opportunities, health, environmental health and education. Yet this experience was limited and was not generalized.

(b)My right to participation: The Higher Council for childhood in cooperation with the civil society has organized 6 dialogue meetings with children aged between 12 and 18 years old without any discrimination relating to gender, religion, or region with the participation of disabled children, refugees, juveniles, workers, students and orphans. These meetings will be concluded with a national meeting in the Lebanese parliament for the participation of children in setting their needs, reflecting their living condition, and presenting their suggestions and requests on the basis of the individual, the family, the society and government.

3-4-3Civil society

127.The Children Municipality Councils. In 1999 the project of the municipality councils was launched with elected members from the 6th primary grade, aged from 11 to 12 years old from private and public schools. This project is aimed at educating children on the exercise of democracy in a proper way, and sensitizing them concerning the problems of their community and environment, and enabling them to participate in solution finding to develop their national belonging. This experience was expanded to all Lebanese regions and the number of municipality councils in 2003, reached 16 councils.

128.Juvenile courts. The Law for the Protection of Juveniles in Conflict with the Law or at Risk No. 422 dated 6/6/2002, made possible hearing the views of juveniles during the court trial proceedings and before the issuance of the sentences (for example in case of substituting measures that concern them).

Chapter IV

Civil Rights and Freedom

4-1 Name and Nationality

4-1-1Blood relation

129.The Father is the giver of nationality in Lebanon, and the legitimate born child from a Lebanese father is considered Lebanese whether born in Lebanon or outside Lebanon; the nationality of the mother is not taken into account (Article 1 and 10 of the Legislative Decision No. 15/1925).

130.The non-registration of a legitimate or an acknowledged child while being minor by one of his or her parents is considered as neglect and shortcomings, since Article 12 of the Law pertaining to registration at the Personal status registers dated 7/12/1951 imposes that every child is registered immediately after birth by one of the parents. If the delay of one year has passed (with the exception of refugees) without registration, a court lawsuit must be initiated before the first instance civil judge in order to register the child and this lawsuit is considered as a case for unregistered and not a nationality case.

131.As for the children born out of wedlock, they are considered Lebanese if it is proven before they reach the legal age of maturity that the respective father is Lebanese whether by consent or by judicial proceedings, or if it is proven that the respective mother is Lebanese before proving that the father is a foreigner, or if the national Laws of the foreign father do not provide nationality to the newborn.

4-1-1-1 Children born on the Lebanese territory having a foreign father

132.Foreigners in Lebanon are classified into 4 categories: “Citizenship under study”, Palestinians, Syrians and holders of foreign passports:

(a)Persons having their citizenship under study: The birth certificate is established by the personal status” department after referral to the Directorate General for General Security- department of special cases, whereby a copy of the issued certificate is handed over to the person in question.

(b)Palestinians living in Lebanon: They are registered either at the department of Palestinian refugees affairs or at the Directorate of General Security. In addition to Palestinians who are registered at Palestinian authorities outside Lebanon and have not been registered at the department of refugees affairs in Beirut, they are also treated as foreigners. If the parents fail to register a Palestinian new born within the legal time delay of one year, the administration for Palestinian affairs and not the judicial court sets out a file noting the issue and reasons for the delay and presents it to the director general, who has the authority to approve of the request for registration. This applies to the above mentioned first category of Palestinians. Whereas for the second category of Palestinians, if the parents fail to register their newborn within the legal time delay of one year, the registration of the newborn would subsequently abide by the same administrative regulations that fall under the category” registration under study”.

(c)Syrians: The birth certificate of a newborn from a Syrian father is transferred to the Syrian authorities before execution in Lebanon, to be certified and returned to the Lebanese department for the registration of foreigners.

(d)Holders of foreign passports: For born children in Lebanon from a foreign father, the latter has to prove that he is legally married by forwarding his marriage papers in order for his child to be registered, then a copy of the birth certificate is sent to the relevant embassy.

(e)The Lebanese mother married to a foreigner and who has lost her husband, in any case cannot give her nationality to her child, despite the fact that this contradicts the best interest of the child.

4-1-2 The land tie

133.Article One of the Legislative Decision No. 15 dated 19/1/1925 stipulates that “every person born on the territory of the Grand Lebanon territory, Is considered a Lebanese from unknown parents or from or parents from unknown origins.”

134.According to Article 15 of the Law dated 7/12/1951, the birth certificate of an illegitimate child in Lebanon is to be done by the person in charge of the child, or the midwife or the doctor who supervised the birth, in cases of births in Lebanon. If a Lebanese mother gives birth to a child born out of wedlock as a result of an illegitimate relationship with a foreign man, the child is considered as foreign if the father admits paternity. If the father does not admit paternity, the child bears his mother’s name and nationality.(Article 2 of Decision No. 15 dated 19/1/1925).The religious courts are competent authorities to study cases of legitimacy or family origins of children.

4-2 Conservation of Identity

135.The identity of a child that has not been sold, kidnapped or adopted is untouchable.

136.Adoption: is a contract between two persons aiming at the establishment of a parental tie by mutual consent. It is only acknowledged amongst the Christian community. Islamic community recognizes the system of “kafala” which represents financial and educational sponsoring of the orphan or the illegitimate child with the possibility of future reimbursement of the assumed expense, if the child becomes lucrative and his sponsor wishes to do so.

137.The adopted child bears the name of the family that adopted him/her and is registered on the family register as well as carries the same religion of the adopted family, and inherits as a true child, and prohibition of marriage between the child and his/her family is established as a regular child with blood tie (jus sanguinis). No mention is made on the child’s identity that the child is an adoptive child but the adoption trial summary is noted down on the official personal status registers or on the birth certificate’s relevant registration document.

4-2-1Measures to ensure registration of children at birth

138.The Law regulating the registers of personal status made registration compulsory for all relevant documents on all the Lebanese territory, in application of the provisions of Article 1 of Decision No. 2851 dated 1/12/1924. Article 14 of the mentioned decision made the registration of children birth certificates in particular mandatory. In order to ensure the registration of each child at birth, and to incite parents to register their children immediately at birth, the decision set up a financial penalty for parents who have failed to register their children within the legal delay (The legal delay was set at 15 days by Decision No. 2851/1924 and was amended to 30 days based on The Law for registers of personal status issued on 7/12/1951) and to in order to emphasize on the sanctions in cases of repetition of the offense, Penal Law could be then applied on the recidivist offender, whereby punishment could reach in some cases imprisonment according to Decision No. 285/1924.

4-2-2Measures for awareness-raising and mobilization of the general public concerning the need for birth registration of children

139.The Law pertaining the registers of personal status is a clear Law. Lebanese are in general, extensively knowledgeable about their national Laws. Mayors, generally play an important role in villages in this regard, as stipulated by the Law relating to mayors, they are assigned the task of dealing with issues concerning the Personal status affairs for nationals and foreign residents living in the coverage area of the mayor’s region.

4-2-3Measures to prohibit stereotyping or discrimination against children

140.The Lebanese Law prohibits any kind of stereotyping or any form of discrimination. Children are registered in personal status registers in conformity with the Law, based on a certified mayor’s declaration presented either by the mother, the father, the legal guardian, the doctor or the midwife. In compliance with the above mentioned Law, the birth certificate must include the minute/hour/day/month/year of birth, the sex of the newborn, the name, the name of the father, the mother and the two witnesses with their names and family names, their ages and residence address. If twins are born, each will have a separate birth certificate indicating the minute/hour of birth and who was born first.

141.If a child is born outside marriage, the person who takes him/her in charge or the doctor or the midwife prepare the birth certificate. No mention in this case is made to his/her father name unless the latter admits paternity, personally or through a person whom he has delegated for this purpose. If the father does not acknowledge the child, the illegitimate child is given a name by the person preparing the birth certificate. In addition the mother’s name is not mentioned by personal status personnel unless she admits maternity or based on a court Decision.

142.It is to be noted that the personal identity papers of illegitimate children, that are issued by the department of Personal status do not contain any marks or signs that could indicate that the child is illegitimate, in compliance with international covenants and conventions that govern children rights, and the elimination of all forms of discrimination against them, and that are committed to by the Lebanese government.

4-2-4Measures for ensuring the right of children to know their parents and to becared for by them

143.A child can not be registered in the official registers of the personal status department unless by the name of his/her parents, therefore the child will know his/her parents identity, parental care for minor children is recognized as a duty. The Lebanese Penal Code set forth strict sanctions for parents who refrain from this obligation (Article 498 and subsequent articles of the Lebanese Penal Law).

4-2-5Measures for preserving the child’s identity and preventing any unlawful interference in this regard

144.The Law ensures the registration of Lebanese children in the personal status registers, as well as granting them the nationality of their parents. In cases of unlawful interference to deprive children from these two rights, the person harmed is given the right to resort to the Civil court that is very firm and doesn’t refrain from issuing conclusive decisions concerning these matters. Public prosecutors have also a major role in this regard; through their representation of the general public, they can intervene to stop any infringements of children rights, especially the acts that deprive them unrightfully partially or completely of their identities. The Public prosecution can also intervene to provide adequate protection and assistance to children, including the acceleration of the process of re-establishing the child’s identity, in matters where administrations have no more the right to intervene.

Chapter V

Family Environment and Alternative Care

5-1 Parental Guidance

145.The Development Services Centers of the Ministry of Social Affairs are widespread in all Lebanese regions. These centers carry out educational activities addressed to parents, aiming at awareness raising on the importance of the parents’ role in the upbringing of their children. These activities include topics on children developmental stages and their psychological, health and educational needs which are prerequisites for developing their personalities and improving their skills, as well as methods on how parents should deal with their children needs.

146.These activities are implemented through monthly or periodic lectures and sessions, within the framework of early childhood care and development program in cooperation with the UNICEF. However, these programs need further planning and a systematic methodology, that would set objectives for change and facilitate their evaluation by measuring specific indicators.

147.Some NGOs undertake the dissemination of the Convention on the Rights of the Child in schools targeting only children, but not the parents. Some NGOs provide also, specialized educational and guidance programs related to the nature of the services provided (orphans, disabled, eradication of illiteracy, learning difficulties, and juveniles at risk of delinquency …) and accordingly:

(a)Some of their objectives are inspired from the articles of the Convention on the Rights of the Child;

(b)They provide services having a short term timeframe, and other NGOs seek to provide medium term programs;

(c)They do not take into consideration the absence of indicators, that would highlight the extent of the level of contribution of these programs in solving problems affecting children and their families.

148.There is also a role played by some academic institutions which provide some guidance programs, on life skills, aiming at guiding and developing awareness of the illiterate woman and assisting her in improving her life and that of her family through tackling some issues of importance namely (health, nutrition, education, disability, legal rights …)

5-1-1Major constraints

149.The weak coordination and communication between the NGOs’ institutions and the Ministry of Social Affairs, in the absence of relevant mechanisms. Consequently, low participation of families and weak response to these educational programs ensued.

150.The majority of implemented programs by NGOs are based on the concept of direct service provision in order to meet immediate needs (general educational sessions), in the absence of development objectives.

151.The lack of prevention and development programs for most of NGOs because of the scarcity or lack of relevant studies and statistics.

5-1-2Laws and legislation

152.The Criminal Supreme Court issued a decision in 1968 which stipulates the following: “The legal guardian cannot throw out the minor and give up the supervision of the minor’s behavior and the administration of the minor’s affairs, unless subsequent to referral to the competent authority in order to relieve him/her from the duties assigned to him by Law as a legal guardian, and a court order is issued in that respect according to adopted regulations (No. 206 dated 5/12/1967).

153.Article 126 of the Code of Contracts and obligation stipulated for the responsibility of the parents towards their children. Moreover, the personal status laws of all the different religions include many texts governing the subject of parent’s responsibility.

5-1-2-1 Religious spiritual and “Shariaa” texts

(a)Children rights within the family amongst Muslims

(i)The “Jaafari Shiaa” law

154.Custody is jointly for both parents where they assist each other in this regard, in the case of death of one of the parents, the living parent is eligible for custody until puberty (Article 78,79 and 81 of the Shariaa’ Law).

155.In the case of dispute over custody, the mother is eligible for custody for the male child until 2 years old, whereas for the female child until the age of seven, given that the mother does not remarry (Article 82 of the Shariaa Law).

(ii)The “Sunni Hanafi” law

156.The Mother has the right for custody for her children during marriage and after separation if conditions of eligibility are ensured (Article 380 of the Shariaa’ Law). In the case of dispute over custody, the mother is eligible for custody for the male child until 7 years old, whereas for the female child until 9 years of age.

157.Alimony in its three categories are to be provided by the father until the male child becomes productive financially and the female child gets married (Article 395 of the Shariaa Law).

(iii)The “Mowahiddine Druze”

158.Alimony in its three categories is to be provided by the father until the male child becomes productive financially and the female child gets married (Article 67 of the Shariaa Law).

159.The Mother has the right for custody for her children during marriage and after separation if conditions of eligibility are ensured (Article 45 of the Shariaa’ Law).

(b)Rights of the child within the family amongst the catholic sects

160.Article 122 of the Personal Status Law:

(a)The Right to be breastfeeding;

(b)To be raised and preserved by their parents;

(c)To be raised in the principles of religious, ethical, physical and civic ways similar to their peers;

(d)To be raised properly and punished when necessary but with tolerance and without any harm;

(e)To approve or disapprove their choice of lifestyle and profession in the best interest of the child and without coercion;

(f)To manage and exploit their wealth and properties and utilize them for the family benefit …., and to be handed over to them when they reach maturity with their proceeds and profits. In all cases the assets of the child should be well conserved. Payment of the related debts, taxes and interests must be made on their behalf and they should be represented in contracts and court proceedings;

(g)A legal guardian must be appointed.

(c)Rights of the child within the family amongst the Orthodox sects

161.The Personal Status Law for the Roman Orthodox Sects issued on 30/1/2003:

(a)Both parents cooperate in the raising and alimony of their children. In the absence of the parents the alimony is the responsibility of the ascendants or relatives (Article 25 and 26);

(b)The father can nominate a legal guardian on his minor children by decision of the spiritual court (Article 95);

(c)Alimony of the children is the obligation of the father then of the mother … (Article 52).

5-1-2-2 Civil law and precedence

162.Article 126 of the Code of Obligations and Contracts stipulates that ascendants and legal guardians are responsible for the actions of the minors.

163.Discipline (Article 186, paragraph 1 of the Penal Code).

164.The cessation of custody or guardianship (Article 90-93 of the Penal Code).

5-2 Parents’ Duties

165.Parent’s responsibility for caring and supervising their children is enshrined since a long time in the Lebanese culture, and is directly related in the personal statuses for all religious sects in Lebanon which were keen on covering the most detailed aspects of children rights within the family. Parent’s responsibility is represented in ensuring all requirements for meeting the development stages of the child including physical, psychological and social needs which help the child to develop his/her personality in a balanced and healthy manner and to educate the child on best values and principles. The Lebanese government and the civil society organizations actively sought the conservation of family ties and on keeping the child within his/her family, through providing support to both parents in order to ensure care and protection of the child.

5-2-1 Programs and services

5-2-1-1 The public sector programs and services

166.The Ministry of Social Affairs offers through its Development Services Centers, several family programs, in addition to providing assistance which contributes to supporting parents:

(a)Organizing training workshops targeting parents and caregivers and workers with children, in cooperation with UNICEF and the Higher council for children, on child care and nutrition from 0 to 3 years of age, emphasizing the importance of breastfeeding;

(b)Empowerment of women through facilitating and subsidizing loans and credits and training women on skills and technical guidance in the fields of Agriculture, Agricultural industry, handicraft, i.e. sewing, broidery, hairdressing, flower arrangement and drawing on textile;

(c)Rehabilitation and integration of the individual into the society and the local community, through providing rehabilitation and support services at the family/home;

(d)Approval of applications for social welfare for social cases in various regions of Lebanon through the Ministry’s centers;

(e)The establishment of day clubs for children;

(f)Carrying out health awareness seminars o topics concerning maternal and childcare, family planning and prevention of communicable diseases … health awareness activities at the Services Development Centers and the Ministry of Public Health;

(g)Courses for illiteracy eradication;

(h)Training of working children (397 child in 2002);

(i)The Ministry of Social Affairs started recently contractual agreements with some NGOs who deal with childcare within the family environment.

5-2-1-2 Non-governmental organizations programs and services

167.NGOs contribute in raising the standards of parent performance and preparing them for dealing with responsibilities they face and which involve every days life of children. Some NGOs provide childcare services programs within the family environment, whereby the child benefits from available educational, health and recreational services and social monitoring for the family without having to be separated from his/her family.

168.Some NGOs adopted this new approach, in addition to the traditional care method that relies on residential care. The nature of the program that are needed by the child are identified according to the situation of the family and its endurance and based on the best interest of the child.

169.Some NGOs adopt the system of the Islamic “kafala” through providing financial contributions and other assistance in kind i.e. nutrition, clothing, stationary, health services scholarships or education grants. In addition they provide guidance programs for the mother.

170.After taking into consideration the social, economic and especially the educational situation of the child, some NGOs direct the child to accelerated technical training programs (at the age of 12 years) and regular technical training programs (at the age of 14 years).

171.Some NGOs assist children living in especially difficult situations that represent a threat to their lives, and or their psychological, physical and social health. But these NGOs are limited in number and insufficient.

5-2-2Impediments

172.Due to the increase of economic problems, the most widely adopted measure at the Services Development Centers is to approve applications for residential care at institutions, whereby the child is admitted to an institution for childcare in the absence of a court decision, which normally decides for the separation of the child from his/her family. This contributes to the increase in the number of children in childcare institutions, which are sometimes not properly supervised and monitored. This affects the normal development of the child and the failing of the father and mother to assume the responsibility of upbringing the child.

173.The tremendous lack of programs which address the ever increasing diverse family problems (death of the family provider or the mother, poverty …).

174.The absence of clear statistics and data at most of the institutions regarding children in their care, the nature of their programs and any information about progress achieved by the child.

5-3 Separation from Parents

175.All Lebanese Personal Status Laws have a consensus that the child has to be in the parent’s guardianship, custody and care and must not be separated from them. Parents therefore, must ensure all the requirements including financial and moral for the development needs of the child. However, there are certain cases as documented in the Shariaa’, Spiritual laws and Civil Laws, whereby the decision is issued to separate the child from his/her parents.

5-3-1Spiritual and Shariaa’ law

176.The Spiritual and Shariaa’ courts are the competent authorities to decide for issues related to custody and care of the child, and to decide what would lead to the best interest of the child. Article 17 of the Shariaa’ Law under the section on Judicial Regulation stipulates for the jurisdiction of the Shariaa’ courts in deciding on issues of child care, like alimony for the child (Article 395) Custody and visiting rights (Article 331) and deciding on the child’s place of residence, and where custody is to be established. These courts also have the right to decide on reuniting girls and boys with their legal guardians when they reach the age of puberty until the legal term of custody is terminated. This is true in the following cases:

(a)When parents are separated (Divorce, desertion);

(b)Where a parent is not eligible for custody, the innocent parent raises the child unless the court decides otherwise;

(c)When the court decides to separate the child from one or both of the parents, custody is to be given to the person eligible.

In all these cases, the child’s opinion is not heard.

177.However, some articles of the Law of the regulation of the Shariaa’ courts stipulates that the judge must take the decision to separate the child from his/her parents and place the child under medical supervision or at one of the institutions for childcare to protect the best interest of the child in the following cases:

(a)In the case of maltreatment of the child by both or one of his/her parents after it has been proven by a report of an of the legal doctor. (Article 292- 495 of the Shariaa’ Law);

(b)In the case of child neglect by his/her parents (Article 501 of the Shariaa’ law), or the vagrant situation of the parents which constitutes a threat to the health of the child (Article 9 of the Juvenile Protection Law);

(c)As for the case where one or both parents are detained by the State, the State must provide the parents or child detained proper information on the place of residence of the family members.

5-3-2The Penal Code

178.Some of the texts in the Lebanese Penal Code provide for ensuring the non-separation of the child from his/her family. Lebanese Laws do not allow the mother who has custody of the child, to travel in the company of her child without the permission of the father.

179.Article 14 of Decree No. 10188/92 related to the entrance/exit of foreigners and residence, stipulate that the residence cards should include the names of children under 15 years of age. Meaning that children residing outside the country based on a legal residence card, should get a copy for entrance to Lebanon and residing in it by registration on their parents cards.

180.The Legal texts in force, provide for the right of the Public Prosecution and Spiritual and Shariaa’ courts to take the decision to separate the child from his/her parents and place him/her under medical supervision or at one of the institutions for childcare in order to protect the best interest of the child.

181.As for the procedures at the General Security, in relation with foreigners residing in Lebanon or Lebanese residing outside Lebanon, their children (below 15 years) are entitled to obtain free residence permits.

5-3-3Progress achieved

182.A noticeable progress has been registered in the context of children in conflict with the Law and at risk; where the new Law No. 422 dated 6/6/2002 established alternative sanctions to detention and deprivation of freedom of the child through keeping him/her in his/her family environment with social supervision, and these new alternative sanctions are being implemented (Article 18, 20, 26 and 27 of the Law for Protection of Delinquents). Acceleration is witnessed in court proceedings involving children for their return to their environment and family.

183.Some improvement has been witnessed also, with regards to the presence of the social worker in some Shariaa’ and spiritual courts to assist the judge in clarifying the situation of the child and the result of his/her separation from his/her family and the implementation of the court decisions and their legal impact.

5-3-4Impediments

184.In the case of a decision being taken to separate the child from one or both of his/her parents, Spiritual and Shariaa’ courts implement these decisions by the word without taking the child’s point of view, or asking the child with whom he/she would like to stay with, and how he/she wants to benefit from visiting rights. The Personal Status Law gives the right to the mother, the father, the grandmother, the grandfather to request visiting rights to be determined by the court according to the circumstances, without the child having to express his willingness in these visiting matters.

185.Most of the workers at the Development Services Centers and NGOs involved in childcare issues, do not have the proper information about Personal Status Laws that regulate and govern children rights and their interests.

186.Insufficient number of existing social institutions specialized in the protection of the child at risk of delinquency, beggary, and vagabonding.

187.Absence of adequate cooperation between the Ministry of Social Affairs and the Ministry of Justice concerning the judicial court decision in respect to the separation of the child in need for care from his/her family and his/her placement at the institutions for childcare.

5-4 Family Reunification

188.The Personal Status Laws included the right of the child to preserve his/her family ties, therefore have set conditions related to the right of the child and his parents to leave their country, taking into consideration the best interest of the child to keep his/her family ties, and his/her right to live with them in the same house, in order to ensure health, psychological and social care, to provide for, supervise guard and raise the child. The law has set the measures to preserve children rights in this regard as follows:

(a)One of both parents can request the prohibition of travel of the other party accompanied by their children, through request presented to the religious court if the marriage was done in the religious way, or the civil court in the case of a civil marriage done outside the Lebanese territory;

(b)The Law sets out limitations on children, or one or both of the parents leaving the Lebanese territory, which is necessary for the protection of others rights and freedom;

(c)Parents cannot be deprived from the guardianship of their minor children or separation from them for cause of maltreatment, sexual misdemeanor or neglect unless a court order is issued from either the spiritual, the Shariaa’ or the civil court.

189.The Law has also given the child the right to request family reunification in the following cases:

(a)The Child has the right to request to be reunified with one or both of his/her parents and to be allowed to travel to another country for this purpose in the case where one or both parents are abroad or domiciled abroad;

(b)In the case where the parents of the child are living in two different countries, and one of both parents has custody, the child has the right to request reunification or to move from one country to another to keep direct contacts with his/her parents.

190.In both cases both countries should look at the matter in a human and positive way and to facilitate the entrance and exit of the child and his parents from and to the territory of these countries. This must be done in order to keep regular personal relationship and direct contact of the child with both parents.

5-4-1Note

191.The Lebanese Government with the assistance of the Judicial and relevant bodies and the Ministry of Foreign Affairs works on helping out families to be reunited by facilitating the entrance and exit of children to meet their parents based on bilateral agreements with France and Canada according to the Vienna Convention of 1967.

5-4-2Impediments

192.The issue of Family reunification, despite the fact that it is a part of the Laws for the protection of children, is not sufficiently known by workers in NGOs and Development Services Centers.

193.There is only one NGO working on implementing, monitoring and ensuring this right but is limited in scope and does not cover all the Lebanese territories.

5-5 Illicit Transfer and Non-Return of Children Abroad

194.The Lebanese Penal Code sets out that the illicit transfer and non return of children abroad, whether by force or with their consent is considered as a felony, and sometimes as a crime which sanctions the perpetrator according to article 492 (kidnapping of a minor) and article 495 (offense to the guardianship of a child).

5-5-1Situations where the Lebanese child is transferred abroad

195.In the case of mixed marriages (Foreign mother and Lebanese father) where the mother leaves the country accompanied by her children. Where she refers to the courts of her country in order to obtain a court decision for custody of the children. In this case it is not possible to get the children back to Lebanon even if a local court decision is issued ordering for the children’s return to their father in Lebanon.

196.In the case where the foreign mother kidnaps her children and refers to her embassy which usually facilitates for the mother the travel procedure.

197.The Lebanese Government signed a bilateral agreement with the French government, dated 12/7/1999, and the Canadian Government dated 14/3/2002 respectively, which addressed the issues of child custody and visiting rights and protection of the rights of the child.

5-5-2Impediments

198.The issue of the illicit transfer and non return of children abroad for good is one of the topics, which workers in the NGOs and Development Services Centers, are not aware of and have no knowledge about. Therefore it is necessary to establish a committee including the security, health, psychological, social and media authorities, for working on gathering information and monitoring the cases and taking adequate measures to protect these children and to ensure their return to their families as well as to inform these children and their families about their respective rights.

5-6 Ensuring the Alimony of the Child

199.All religions agree on the responsibility of the parents to provide for their children in order to ensure all their needs. Provision for children is not restricted to food, clothing and housing expenses, but covers also medical expenses, education and recreation … The Laws of the Personal Status of each religious group, give the spiritual and Shariaa’ courts the right to put into practice these obligations. The Civil court has the jurisdiction to look at these matters in the case of a civil marriage.

200.The issue of execution of alimony sentences, which are issued by the spiritual and shariaa’ courts, is left for the good will of the guardian or custodian of the child, without any proper monitoring and supervision by the courts, on how and on what it is spent. In the case where the parent refrains from paying the alimony for the child, instead of looking at the facts surrounding the situation in order to find the proper remedy for the best interest of the child, he/she faces imprisonment without even looking at the reasons lying behind this. This usually

has a negative impact on the family and the psychology of the child who usually is bullied because of the imprisonment of one of his/her parents (Article 977, par. 3 of the Civil procedures Law). This leads to sending the child to one of the institutions for childcare.

5-6-1Ways of ensuring the alimony

201.The obligation of paying alimony for the child is the responsibility of the father or the person who has the legal custody of the child. This alimony is rightful for the legitimate child or the child born out of wedlock as well as for the adopted child until the latter finishes his education (for males), or until the female child gets married as long as she is living with her family. The obligation of paying alimony for the child is the responsibility of the father. In the case where the father is impoverished, this obligation falls upon the mother who is financially capable even if backed up by relatives. However, the alimony remains a debt on the father until he becomes solvent.

202.If the father is financially capable and still abstains from paying for the child, the mother has recourse to the spiritual or shariaa’ courts in order to obtain an alimony order, and this alimony is given to the mother who will spend it on the child.

203.In case the father is financially incapable; the alimony is the obligation of the mother, if she is incapable too, it is the obligation of the relatives of the father, if they are insolvent, the parents of the mother, then the near relatives to reach the far relatives.

204.In the case of death of the father, alimony is an obligation of the mother or the near relatives of the child from the side of the deceased father, if not then the near relatives of the child from the side of the mother.

205.In the case of separation of the parents, alimony is an obligation of the father even if the mother has custody, and alimony is determined by the court according to the financial situation of the father and the needs of the child.

5-6-2Collection of the alimony

5-6-2-1 The case where the father refrains from paying the alimony

206.The person who paid for the child’s alimony in the case of the insolvency of the father or his neglect can restitute what he/she has spent through seizing through the courts the salary of the father, his assets both pecuniary and real estates.

207.Also, this person has recourse to the penal court to sue the father and/ or the mother based on amended Article 501 and Article 502 of the Penal Code, and they cannot plead on the basis of their poverty if they neglected to make use of the methods that enable them to comply with their obligations. This Law, also applies to the guardian or any other person in charge of the maintenance of the persons who are under their guardianship or whom they are responsible of.

5-6-2-2In case where the person who is to pay the alimony of the child is outside theLebanese territory

208.There are many judicial agreements between Lebanon and a number of countries, stipulating for judicial decisions issued in Lebanon, including child alimony sentences to be implemented directly in the other concerned country without the need for any additional judicial procedures.

209.As for countries with which Lebanon does not have any agreements of this kind, mostly have in their national Laws a mechanism by which these alimony orders can be executed after a certain legal request is forwarded to the proper jurisdiction. This is the case in the Lebanese Civil Procedure Law article 1009 and 1022 stipulating for the procedure to follow in order to implement a foreign court decision.

210.Alimony is a financial debt of first degree and it is possible to prohibit the debtor from leaving the country before he/she settles the debt. (Civil Courts Proceedings Par 3 of Article 997, Par 2 of Article 1000 and Par 1 of Article 1003 and Par 4 of Article 1004).

5-7 Children Deprived from their Family Environment

211.Shariaa’ and Spiritual courts or the Public Prosecutor issue court orders to separate on temporary or permanent basis, children from their family environment to ensure their protection and care.

5-7-1Measures adopted by the Ministry of Social Affairs

212.Place the maltreated child in the hospital for treatment.

213.Place the child in one of the welfare institutions contracted by the Ministry of Social Affairs.

214.The Ministry has set up recently contractual agreements with NGOs for childcare within their family environment (4 NGOs).

215.The Ministry of Social Affairs is seeking to improve the residential care system based on the following principles:

(a)Categorization of beneficiary groups as well as services and services and programs provided by the Ministry for each category;

(b)Setting up the required conditions for beneficiaries to receive social services;

(c)Setting the General and particular conditions to manage the contractual agreements between the Ministry and the welfare institutions;

(d)Setting the eligibility standards for selection of the institutions by the Ministry.

216.Some NGOs are ensuring protection and assistance to children through childcare programs, and social and psychological rehabilitation as well as social integration, by providing education and regular or accelerated vocational training.

217.Practically, the Ministry of Social Affairs has generalized these measures, whereby encompassing, in addition to children victim of violence and in need of protection, children suffering from especially difficult cases, orphans and neglected children.

218.As for the NGOs sector, there are few institutions, which have categorized and determined their target groups, and allocated for each group the adequate program based on the nature of the family circumstances.

5-7-7-1Alternative care for children deprived from their family environment on temporaryor permanent basis

(a)Nurseries

219.The Ministry of Social Affairs has entered into agreement with some NGOs for receiving children under five years of age and ensuring for them food, drink, clothing and shelter (Orphanages) as well nursery services (daycare).

(b)The Islamic Shariaa’ “Kafala”

220.The number of institutions which are applying the Kafala principle for the orphan within his/her family has increased (institutions applying the Islamic shariaa’). These institutions are fostering a big number of children within their family environment, and ensure for them the same essential services provided by residential care institutions while the child remains within his/her family environment (no statistical data is available in that concern). Some NGOs are beginning to give this care system a bigger value.

(c)Placement at appropriate institutions for child care

221.This measure is the most adopted, and the most available. Which leads to the increase in the number of children placed in residential care institutions. Monitoring by the Ministry of Social Affairs of institutions, which are contracted by the Ministry, remains limited and restricted to regular field, conducted by the social worker every 3 months. As for some institutions, which are not contracted by the Ministry which adopt the system of alternative care, they have their own system of monitoring children serviced by this care through professional measures i.e. visits, professional regular monitoring, observation, and continuous evaluation.

5-7-2Statistical data

Table 1

Number of children placed in residential care institutions contracted by theMinistry of Social Affairs by governorate

Mohafaza/Year	Beirut	Bekaa	Mount Lebanon	Nabatieh	North	South	Total
1998	6 995	3 549	13 726	1 375	4 222	5 101	34 968
1999	8 081	4 834	16 333	1 832	5 420	6 596	43 096
2000	6 783	3 569	13 689	1 250	4 291	5 095	34 677
2001	6 817	3 651	13 385	1 190	4 422	5 131	34 596
2002	6 637	3 571	12 455	1 144	4 081	4 656	32 544
2003	6 403	3 720	12 556	1 270	3 849	4 686	32 484

Source: Ministry of Social Affairs, Social Care Department, 1998-2003.

Table 2

Number of children placed at residential care institutions contractedby the Ministry of Social Affairs by category

	Newborns	Orphans and social cases	Vocational	Delinquency	Total
1998	1 268	24 547	9 083	70	34 968
1999	1 383	25 170	16 473	70	43 096
2000	1 303	22 775	10 500	99	34 677
2001	1 350	22 591	10 556	99	34 596
2002	1 255	22 435	8 755	99	32 544
2003	1 250	22 576	8 755	114	32 484

Source: Ministry of Social Affairs, Social Care Department, 1998-2003.

222.The Ministry of Social Affairs is seeking lately to:

(a)Undertake measures to implement programs for alternative child care in order to avoid separation of the child from his/her family;

(b)Requesting from the Council of Ministers to employ social workers to work in these programs.

5-8 Adoption

5-8-1Adoptions in legislation

5-8-1-1 In Islam

223.“No adoption in Islam” according to the Coranic versus 3 and 4 of the “Soura of Ahzab”. The alternative to adoption is fostering only for the orphan or Kafala.

5-8-1-2 In Christian sects

224.Adoption is allowed but distinction must be made between two cases:

(a)Spiritual Courts allow adoption of the child only in Lebanon (adoption of a Lebanese child in Lebanon);

(b)Civil courts allow adoption in the following cases:

Adoption of the child if adoption is international (adoption of a Lebanese child outside of Lebanon;

If the religion of the adoptive parents is different from the religion of adopted child.

225.The Personal Status Laws set out the conditions of adoption and all matters related to adoption in a way to ensure the best interest of the child through the conditions to be fulfilled as follows:

(a)The good reputation of the adoptive parent (Articles 99, 100 and 101 catholic procedure Law and article 93 of the Orthodox procedure Law);

(b)The consent of the spouse for adoption if spouse exists without being obliged to participate in the adoption (Article 103 of the Orthodox procedure Law);

(c)The annulment of the adoption by request of the adopted child or the adoptive parent, if legal conditions are available (Article 114 and 115 of the catholic procedure Law, excluding other religious groups where General rules are to be applied).

5-8-2Impact of adoption on the civil rights of the child

226.In relation to the child’s identity and his right to know his legitimate parents, the law stipulates that adoption in Lebanon does not deprive the adopted child from his/her relation with his/her legitimate parents (Article 107 of the Personal status Law for the Catholic sects). However, in practice some religious spiritual courts in some cases approve for absolute adoption, which means that the relation with the real parents and the child is cut off through the following procedures:

(a)The adopted child is given the family name of his/her adoptive parents in the Personal status registers; the initial birth certificate is considered as void with a note referring to the adoption, guardianship is transferred from the father of the adopted child to the adoptive father as long as he is alive and eligible;

(b)The adopted child is considered as a legitimate child in all civil and religious rights, as well as in the inheritance rights or will of the adoptive parent (Article 23 of the Inheritance Law for non Muslims dated 23/6/1959);

(c)If the adopted child is not Lebanese he/she can keep his/her nationality and the nationality of the adoptive parent is not given automatically by the fulfillment of the adoption. The court decision of adoption is notified to the competent authorities of the country of the adopted child through the Ministry of foreign affairs. A complete file for the adoption is established with all the conditions related to the adoption and the prior approval of the country of the adopted child for the facilitation of the entry of the adoptive child to the country. For that purpose it is necessary to conclude bilateral and multilateral agreements with the countries concerned in order to protect the child and ensure that the adoption in the other country is done through the proper jurisdictions or authorities;

(d)If the adopted child is stateless or has no identity, the child then gets the nationality of the adoptive parent, according to the Human Rights Convention, which provides for the right of every person to have a recognized country of origin and a nationality.

227.As for international adoption; there are no special rules applied on the adoption in another country. The jurisdictions in Lebanon recognize the adoption done outside of Lebanon according to the Laws of the country where the adoption was made, and these decisions become executable in Lebanon according to Article 1009 and the following of the Civil Procedure Law and recourse is done according to these articles.

228.In order to prevent that adoption becomes a lucrative trade, Law No. 224 dated May, 13 1993 stipulated for combating trade in children through adoption and complemented article 498 of the Penal Law as well as subsequent articles related to giving up minors and added a new clause according to article 500 of the Penal Law: “When adoption results in a financial revenue, the concerned parties are sentenced to imprisonment for a period between one year to five years and are sentenced to pay a fine of 5 to 20 Lebanese pounds.”

5-9 The Periodic Review of the Placement of the Child

229.The following authorities have jurisdiction to decide for the separation of children from families who suffer from social or financial problems and their placement in residential care institutions: Public Prosecutor and Shariaa, Spiritual and religious courts.

230.The Ministry of Social Affairs have entered into agreement with residential care institutions in order to receive children from impoverished families and those who are in a difficult social situations (broken families, abused children, delinquent social environment) and ensuring all basic needs for these children including food, clothing, medical care and education.

231.The following conditions that should be available for taking a decision to place a child in residential care institution for protection, care and treatment:

(a)Decrease in income, and the deterioration of the economic situation of the family;

(b)Child in need of care because he became orphaned, broken up families (incapacity, divorce, desertion, physical or mental disability …);

(c)The child has been victim of abuse and violence by his/her parents;

(d)The presence of the child in an environment which constitutes a threat to his/her life/health or psychological well being i.e. the case where both or one the parents is using drugs, alcohol, prostitution, or where there is a sexual assault on the child or in the case of incest or sexual exploitation or in the case of mental or physical disability.

5-9-1 Mechanisms adopted by the Ministry of Social Affairs

232.The Social worker, at the Ministry of Social conducts regular field visits, each 3 months to residential care institutions, which is considered insufficient. This is due to the obvious shortage in social workers.

5-9-2 Non-governmental organizations

233.There are no statistics on the quantity and quality and methods of review implemented in residential care institutions, which need to adopt the social intervention approach done by qualified social specialists. Whereby, a complete assessment is undertaken on the social and rehabilitation file of the child, in order to set the standards for the evaluation of the progress achieved through the participation of the child in the social and rehabilitation programs (intervention in social cases) or the program (intervention within the family unit). This is aiming at limiting the cases of placement of the child in residential care institutions, which, in all cases must be temporary, and on short term.

5-9-3 Impediments

234.The following impediments exist:

(a)Lack of statistical data neither in residential care institutions nor at the Ministry of Social Affairs;

(b)Scarcity of the specialized professional personnel in social work and the limited diversity in the working teams;

(c)Lack of complementarities between the preventive, curative and development aspects of the social programs undertaken by the residential care institutions;

(d)Geographical distance between the institution and the social environment of the child;

(e)No categorizations or criteria are adopted for cases or reasons that led to the placement of the child in the residential care institution;

(f)Lack of measures or indicators adopted for periodic professional review of the placement of the child, in most of the NGOs and Development Services Centers. These measures remain unclear for NGOs, with regard to methodology and objectives. The methodology here meaning the review format, systems and mechanisms.

5-10 Maltreatment and Neglect

235.The Lebanese Penal legislation included the prohibition of all forms of physical and mental violence, including physical punishment and voluntary humiliation, damage, maltreatment, neglect, and abuse of any child that occurs in the child’s family environment, in foster family and other care systems and in public and private institutions (Prisons, schools).

5-10-1 Legal texts related to the protection of juveniles at risk of danger, maltreatment and neglect

236.The Penal Law stipulated for the prohibition of all forms of physical and mental violence, including physical punishment and voluntary humiliation, damage, maltreatment, neglect, and abuse in the following articles of the Law:

Articles 438 and 439 in the case where the child is made vagrant;

Articles 501 and 502, punishment of the family in the case of neglect of its duties;

505 and 506 in the cases of incest and sexual assault;

509 and 510 in the case of sexual immoral behavior;

519 in the case of violation of the body of the child;

520 in the case of child exploitation and using bad words with the latter;

523 and 524 in the case of incitement to indecency, and infringement of public morality and ethics;

Articles 554-557 and articles 582 and 584 in relation to violence exceeding the limits of what is accepted by public norms in non harmful discipline.

237.Articles 25, 26 and 27 of Law No. 422 related to the protection of Juveniles in conflict with the Penal Law or at risk (refer to chapter related to Juvenile Justice) ensure the protection of the child from exploitation and violence within the family.

238.Par. 15 of Article 7 of the Medical ethics Law dated 22/2/1994 obliges doctors to notify the competent authorities if they encounter during their practice any case of detention, maltreatment and deprivation, which a child has been victim to. Notification of the authorities done by professional persons is not considered as a violation of their professional ethics, or divulgation of a secret they guard but is an obligation inherent of their professional ethics and obligations. This was confirmed by article 26 of the new Juvenile Law, which also gave the right to the minor who has been victim of any violence or maltreatment to contact the judge and forward his/her complaint in this regard.

5-10-2 Programs and available services

239.There are few specialized NGOs contracted by the Ministry of Social Affairs, that are working in the field of the protection of children victim of sexual exploitation and prevention of delinquency. These NGOs need additional support from the Lebanese Government.

240.The Ministry of Social Affairs prepared a project for capacity building of workers at the Development Services centers, in relation to familial violence. The objectives of this project are as follows:

(a)The promotion of the role played by Development Services Centers, and empowering social and health workers in these centers to organize awareness activities on family violence in cooperation with the local community NGOs;

(b)Sensitization of civil societies on the issue of familial violence and infringements affecting the spouse (Male and Female), child, elderly, and to work on behavioral change of family members, in order to resolve their conflicts by adopting dialogue and participation;

(c)Empowering social workers at the centers, with the skills and techniques for surveillance of cases and intervention in the case of physical violence against women.

5-10-2-1 The committee for the protection of the child from maltreatment

241.The Higher Council for Childhood plays an important role in the coordination of efforts and experience sharing between the public and private sector. The Higher Council for Childhood has lately formed a special committee on the issue of children maltreatment, which is actively working on establishing a strategy based on the following framework:

(a)Preparing a study to assess the extent and forms of the problem and the reasons behind it;

(b)Capacity building of the workers working directly with children through empowering these workers and training them on new techniques and ways to deal with children victim of maltreatment and violence;

(c)Assisting NGOs in order to structure its social work and support their efforts to upgrade their level of specialization, and improve the quality of the performance of the professional teams working at these NGOs;

(d)Finding mechanisms for monitoring and receiving complaints from children and following up;

(e)Revising the Laws in force, including the Penal Law, and working on raising the level and strengthening sanctions on crimes committed against children;

(f)Emphasizing rehabilitation and psychological recovery programs;

(g)Taking into consideration the condition of the offender and the reasons that led to committing the crime;

(h)Advocacy and Public awareness campaigns and education through supporting preventive programs to address the reasons leading to delinquency.

5-10-2-2The role of the ministry of labor in the protection of working children frommaltreatment and neglect

242.An investigation and Labor Issues Department is established at the Ministry of Labor. Its role is to investigate complaints pertaining to child labor. When these complaints are found to be true, the labor inspectors at the Ministry, work on the restraint of the contravention committed according o the applicable Laws in coordination with the Unit for Combating Child Labor.

5-10-2-3 NGOs

243.In the framework of humanitarian aid to children victims of armed conflicts, three consultation centers were established for medical and psychological consultation in Beirut, Nabatieh and Sidon areas, with the collaboration of the Lebanese Government through the Ministry of Public Health, which contributed in providing physical facilities for these centers and the help of French Government through the Ministry of Foreign Affairs, which funded the Project since December 1996 until the end of November 1998. In August 1999 the Association for the care of children of war was established (Registration No 92/a d). This association is a non political and non lucrative organization, its objectives are to follow up the work of the above mentioned centers.

244.The objectives of the centers are among others: Psychological and therapeutic monitoring for children victim of several perturbations, organizing psychological education workshops for education and school workers, establishing “Children expression groups” to assist children in letting out their suffering through various methods.

5-10-3 Impediments

245.A problem arises regarding under reporting of abuse and maltreatment of children cases due to the following:

(a)Lack of awareness of the child of his/her rights, and his/her lack of information on the way to contact the judge;

(b)Lack of awareness of people about the procedures to follow in the case of a child undergoing maltreatment;

(c)Lack of sufficient specialists in the psychological and social field in most of the institutions, therefore unavailability of a multidisciplinary working team able to put in place comprehensive treatment and rehabilitation programs (health, psychological, social and educational).

Chapter VI

Child Health and Well-Being

6-1 Introduction

246.The Ministry of Public Health, The Ministry of Social Affairs and Non Governmental Organizations in Lebanon sustained their efforts for expanding the coverage of primary health care services. Consequently additional health centers were established or rehabilitated. However, many constraints prevented the implementation of a primary health care strategy that would eventually create a network of health centers that would be equitably distributed in all governorates and districts and would provide all pertinent primary health care services. This fact explains the regional disparities related to certain heath indicators.

247.Furthermore, the private sector is still predominating the provision of the majority of health services. Consequently children belonging to poor families are deprived of the same quality of services in comparison to their rich counterparts. This fact is further complicated by the lack of health insurance coverage and the escalating costs of health services. It is to be noted that health expenditures constitute 23.2 % out of the GDP. The expenditures need to be rationalized in order to meet more efficiently the health needs of the underserved target groups.

6-2 Reproductive Health

248.The Reproductive Health Program that was launched by the Ministry of Public Health and Ministry of Social Affairs in collaboration with NGOs and with the support of UNDP in 1997, had positive impact on the situation of women in the reproductive age. The coverage of the services was expanded through health centers and social development centers all over Lebanon; accordingly the number of women receiving pre-natal care increased to 39.9% in 2000, and the number of deliveries performed by qualified health personnel increased to 96% in 2000. Moreover the average number of modern contraceptive use increased to 37.2 %. Contraceptives were made available at all medical and gynaecological clinics, this process was helped by the active efforts of the NGOs.

249.The Ministry of Public Health prepared through the reproductive health program basic standards in order to ensure the quality of care provided. Accordingly relevant booklets, instructions and manuals were published. Moreover a reporting information system was established in 10 % of adopted reproductive health centers.

250.In addition the Ministry of Social Affairs/ the National Reproductive Heath Program, prepared materials relating to media, education and communication and published a training manual and counseling book. The materials were tested through direct beneficiaries of services and service providers.

251.The number of children (below 18 years), who sought reproductive health services out of all beneficiaries for 2001-2002 was as follows:

Table 1

Number of children who visited reproductive health centers

Governorate	2001	2002
#	%	#	%
Beirut and Mount Lebanon	3 400	6.55	3 729	8.67
North	1 371	9.61	1 882	14.1
Bekaa	1 681	7.73	1 348	7.81
South	2 869	9.30	3 226	11.7

Source: Ministry of Public Health, WHO. Primary Health Care project.

252.In 2003, reproductive health centers launched an education project for youth on sexual education and protection form sexually transmitted diseases. Awareness raising sessions were organized targeting Lebanese youth, education materials and films were produced, as well as exhibitions and educational games. It is worth mentioning that youth themselves participated in the production of publications. Furthermore the youth education film produced by the reproductive health program, received the United Nation Prize for 2003.

Table 2

Percentage distribution of married women according to regions,age groups, educational level and health follow-up (1999)

	Regions
Age	Beirut	Mount Lebanon	North	Bekaa	South	Lebanon
15-19	2.2	3.2	3.8	3.4	3.9	3.4
More than 34	20.1	16.2	17.4	14.3	16.8	16.6
	Health insurance and follow-up
Health Insurance coverage	66.9	64	38.5	39.4	47.7	51.1
No pre-natal consultations	1.4	1.6	9.4	11	2	5.1
Caesarean deliveries	27.9	26.6	16.1	21.4	25.7	23.1
	Educational level
Illiterate	3.3	2.2	11.5	12.5	4.5	6.6

Source: Ministry of Public Health, UNICEF, “ The Perinatal Survey”, 1999.

Table 3

Percentage distribution of married women according to regions,age groups, educational level and health follow-up (2000)

	Regions
Age	Beirut	Mount Lebanon	North	Bekaa	South	Lebanon
15-19	0.37	1.98	2.76	2.14	2.41	2.09
35-39	24.02	22.2	20.57	19.37	20.8	21.47
40-44	19.34	19.14	18.15	16.66	16.09	18.14
More than 45	18.89	12.95	11.63	14.39	9.81	12.82
	Health insurance and follow-up
Health insurance coverage	66.9	64	38.5	39.4	47.7	49.0
No prenatal consultations	1.4	1.6	9.4	11.0	2.0	5.0
Caesarean deliveries	29.8	25.9	15.8	20.9	25.9	23.0
	Educational Level
Illiterate	4.6	3.4	14.2	10.7	6.5	7.1
Primary and above	40.6	48.5	59.3	63.8	60.1	53.8
Secondary and above	54.8	48.1	26.4	25.5	33.4	39.1

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

253.The above 2 tables show that the percentage of early marriage is decreasing, and the percentages of late marriages and pregnancies are increasing, subsequent to the prevalent difficult economic situation in Lebanon.

254.It is to be noted that multiple embryo pregnancies have led to the increase in the rates of caesarean deliveries, where 57.1% of multiple embryo pregnancies lead to caesarean sections in comparison to 21.8% for normal pregnancies.

255.In 2002 the Ministry of Public Health initiated the implementation of the safe motherhood program, aiming at reducing maternal mortalities. A special committee was established for that program, including members from the Ministry if Public Health, Doctors specialized in Obstetrics and Gynaecology, Paediatricians, in collaboration with WHO, UNFPA, and UNICEF. The committee was assigned the task of preparing the Mother Record and enactment of implementation. The Ministry of Public Health is also in the process of publishing an operating quality standards manual for day care centers in collaboration with UNICEF, subsequent to issuing of Decree No 12268 dated 15/4/2004 relating to amendments of certification conditions for opening and operating private day care centers.

6-3 Infant and Child Mortality

256.Stillbirths and mortalities in the first week of live births in the perinatal phase are directly to the following causes: multiple embryos pregnancies; age of the mother, especially below 19 years and above 34; the mother low educational level; unavailability of health insurance coverage; previous history of pregnancy related diseases, for instance previous mortalities in the perinatal phase; and premature deliveries and low birth weight.

Table 4

Percentage premature deliveries according to regions 1999

	North	Bekaa	South	Mount Lebanon	Beirut	Lebanon
Premature deliveries < 37 weeks	6.9	9.3	7.2	10.0	16.0	9.0
Very premature deliveries < 33 weeks	2.7	3.6	2.3	1.5	2.8	2.4

Source: Ministry of Public Health, UNICEF, “National Perinatal Survey”, 1999.

Table 5

Percentage distribution of low birth deliveries irrespective of ageat birth according to regions 1999

	North	Bekaa	South	Mount Lebanon	Beirut	Lebanon
Low birth weight < 2500 grams	6.5	6.2	6.7	7.6	8.9	7.0
Very low birth weight < 2500 grams	1.7	2.4	1.7	1.1	1.6	1.6

Source: Ministry of Public Health, UNICEF, “National Perinatal Survey”, 1999.

257.The highest percentages are in Beirut due to referral of difficult cases to the capital medical centers.

Table 6

Perinatal mortalities in Lebanon 1999

	Beirut	Mount Lebanon	North	Bekaa	Lebanon
Perinatal mortalities	2.7	1.4	3.0	4.7	2.7
Still births	1.1	1	2.1	3.9	1.8
First week mortalities	1.6	0.5	0.9	1.1	0.8

Source: Ministry of Public Health, UNICEF, “National Perinatal Survey”, 1999.

258.Table 7 and 8 show high mortality rates for all age groups, peaking at the Bekaa, followed by the North. This is due to shortage in specialized hospitals or appropriately equipped for receiving complicated cases, as well as long distances that separate medical centers and rural regions.

Table 7

Infant and child mortality rates according to regions, 2000 (thousands)

	Regions	Lebanon
	Beirut	MountLebanon	North	Bekaa	South	Male	Female	Total
Newborn mortality rate
Infant mortality rate (0-11)	21	19	37	40	34	30	24	27
Under 5 mortality rate	26	23	51	58	47	40	30	35

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

259.The table shows that there are disparities between the regions decreased if compared with 1996 rates. However regional disparities are still existent, 57 per thousand for Bekaa and 25 per thousand for Beirut. This fact could be attributed to uncompleted strategy of Primary Health Care.

Table 8

Percentage distribution of child mortalities(below 5 years) according to age at death

Age at death	%
Less than 7 days	53
1 week to 1 month	11
1 month to 11 months	18
1 year to 4 years	18

Source: Central Administration of Statistics,UNICEF, “State of Children in Lebanon, 2000”.

Table 9

Causes of child mortalities (below 5 years), according to age

Causes	Less than 7 days	1 week to 1 month	1 month to 11 months	1 year to4 years
Premature birth	26.2
Low birth weight	4.3	20
Congenital malformation	26.2	40	50	28.6
Difficult childbirth	21.7
Jaundice	4.3
Meningitis/Brain haemorrhage	4.3
Pneumonia		20	12.5
Accident			25	42.9
Cancer				14.3
Unspecified	13	20	12.5	14.3

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

260.The above table shows that the main causes of mortalities are the following:

(a)For the first week, premature deliveries, congenital malformations, and difficult deliveries;

(b)For the first month, congenital malformations;

(c)For the first year, congenital malformations;

(d)For the age group 1-5, accidents.

It is to be noted that mortalities are 3 times higher for illiterate mothers in comparison to high school/ university level mothers. Moreover it is twice higher for uninsured families in comparison to insured ones (“State of Children in Lebanon, 2000”).

6-4 Accidents

261.Accidents constitute the main cause of child mortality (1-5 years), and adolescents. Accidents include: car accidents, domestic accidents, school accidents, in addition to negligence and maltreatment. It is worth mentioning that suicide rates are increasing recently, however the overall rate is low.

262.Several studies were conducted in Lebanon pertaining to accidents and their distribution in Lebanon; especially car accidents that represent the primary cause of adolescents mortalities in Lebanon and with gender differences reaching 63% for males. After years of conducting a study on car accidents (1995), statistics show a decrease in the number of car accidents in Lebanon, whereas mortalities resulting from these accidents are increasing (car accidents mortality rates are approximately 20 deaths per 100,000 population per year).

263.The Lebanese government has undertaken several measures in collaboration with NGOs and international organizations in order to reduce accidents, mainly:

(a)Unification of the emergency record at hospitals;

(b)Reorganization of school clinics;

(c)Incorporation of safety and prevention of accidents in school curricula starting 1998;

(d)Incorporation of topics on accidents within several university curricula (Medical, Pharmacy …);

(e)Education and awareness raising of mothers through sessions that are given with the medical card;

(f)Lighting and rehabilitation of roads;

(g)Imposing financial fines for (speed, not fastening the seat belt, drunken driving ….).

Table 10

Distribution of residents who had an accident according totype of accident, age and gender

Age	Type of Accident
	Food poisoning	Fire	Car accident	Poisoning home chemicals	Firearms	Fracture dislocation	Other
	Gender	Gender	Gender	Gender	Gender	Gender	Gender
	M	F	M	F	M	F	M	F	M	F	M	F	M	F
<5 yrs	26.2	18.1	0	19.4	0	4.8	0	0	0	0	47.8	7.3	26.1	48.7
5-14	6.2	11.2	5.9	3.2	7.7	7.0	0	0	0	0	30.8	32.6	51.2	46.0
15-59	9.1	9.0	12.7	13.0	15.5	8.0	0.6	0.8	3.7	0	23.7	24.4	45.5	48.1
> 60 yrs	11	0	12.7	0	15.3	14.5	4.3	0	4.3	0	37.6	24.9	36.4	37.1
Total	9.3	9	6.4	9.9	13.5	8.4	0.9	0.4	2.9	0	27.1	24.4	45.0	46.3

Source: Ministry of Public Health, WHO, World Bank, “and Household Health Expenditures and Utilization”, 1999.

6-5 Health Insurance

Table 11

Percentage distribution of residents according to health insurancebenefits, and type of insurance and governorate

	Lebanon	Bekaa	Nabatieh	South	North	MountLebanon	BeirutSuburbs	Beirut
Insured	45.9	36.4	37.2	51.4	40.8	51.6	49.5	53.2
Uninsured	52.3	63.0	61.3	46.0	57.2	46.5	48.8	45.3
Unspecified	1.8	0.6	1.5	2.6	1.9	1.9	2.2	1.5
>1 day	25.2	38.5	30.5	23.5	25.2	24.2	19.2	14.7
1 day	10.2	14.4	15.4	7.7	11.4	7.9	7.9	7.3

Source: Ministry of Public Health, WHO, World Bank, “and Household Health Expenditures and Utilization”, 1999.

264.It is worth mentioning that private insurance doesn’t cover preventive medicine, hereditary diseases, congenital malformations, and childhood chronic diseases. People living in the agricultural regions (Bekaa, South, Nabatieh), have the least insurance coverage. Insurance costs remain unaffordable for families with limited income and below the minimum wage. Hence children that are not covered by any health insurance system, are at risk of being deprived of health services. Furthermore the quality of health services is better for private insurance in comparison to public insurance.

6-6 Health Facilities in the Public Sector

265.Subsequent to two major studies relating to “Health Mapping and “Analysis of Health Systems and Infrastructures”, that were undertaken by the Ministry of Public Health in collaboration with the World Bank and WHO, a study was launched aiming at rehabilitation of the health sector in collaboration with Italian government, the World Bank, the Islamic Bank and OPEC.

266.Accordingly 27 health centers were built, geographically distributed in all regions. In addition 7 governmental hospitals, with varying capacities were built in various Lebanese regions, including Beirut Governmental University Hospital that was equipped with the latest medical technology, and incorporating a special suite for rehabilitation of drugs and alcohol addicts. All hospitals started provided services in 2001, except for Beirut hospital that will start operating in 2004. Additional 11 hospitals are in the phase of rehabilitation, expansion or purchase of new equipment.

267.The services of primary health care centers include, medical consultations, general and specialized, and dental health and hygiene, physiotherapy, ultrasound, laboratory, immunization, reproductive health, health education. A project is being planed for expanding the primary health care network in order to include 200 centers equitably distributed in all Lebanese regions, whereby ensuring access to health services for remote underserved areas.

268.It is to be noted that in spite of the presence of 42 active centers in the network , the percentage of beneficiaries constitute only 10% out of the citizens benefiting from health services. Even after expansion of the network, it is expected that the same percentage will only increase to 30%.

269.The NGOs sector operates around 750 health centers that provide primary health care services almost free of charge. The quality of services vary according to service provider. Not all the centers are subject to supervision by the ministry of Public Health, the latter is actively seeking to promote better monitoring mechanisms, in order to ensure good quality and comprehensive services, and benefit from these centers for research and statistical purposes.

Table 12

Average annual children health care according to ageand gender, 1999-2000

	Health Care
	Dental Care	Hospitalization No Stay	Hospitalization	Outpatient Care
Age	M	F	T	M	F	T	M	F	T	M	F	T
< 5	0.03	0.07	0.05	0.03	0.02	0.02	0.13	0.08	0.11	6.18	5.43	5.81
5-9	0.49	0.43	0.46	0.03	0.02	0.03	0.06	0.05	0.05	3.24	3.19	3.21
10-14	0.48	0.54	0.51	0.03	0.02	0.02	0.05	0.03	0.04	2.13	2.03	2.08
15-19	0.57	0.74	0.65	0.03	0.02	0.03	0.05	0.06	0.06	1.71	2.30	2.00
Total	0.4	0.44	0.42	0.03	0.02	0.02	0.07	0.05	0.06	3.32	3.24	3.30

Source: Ministry of Public Health, WHO, World Bank, “and Household Health Expenditures and Utilization”, 1999.

270.The percentage of children below 6 years of age, who sought the services of the 42 primary health care centers reached 8.63% in 2001, and 8.4% in 2002 respectively.

271.A high number of children receive health services through the private sector, where the incurred costs are high and unaffordable by poor families. Moreover many health services, like hospitalization, laboratories, and modern technologies are not covered by insurance schemes, forcing families to assume the burden of their costs.

6-7 Immunization

272.Lebanon has made in the last five years important achievements on the level of combating the most prevalent childhood diseases, and especially vaccine preventable diseases. Achievements are closely related to dissemination and promotion of primary health care through the Ministry of Public Heath centers, the Ministry of Social Affairs centers, NGOs’ centers and private centers. In addition to the availability of a national immunization program, supported by UNICEF and WHO, and NGOs.

Table 13

Percentage vaccination of children below 5 years, by type and region

	1999	Lebanon
	Beirut	MountLebanon	North	Bekaa	South	1996	1999	2000	2001
DPT/Polio	94.4	91.9	81.7	87.7	97.8	94	90.1	93.6	92.4
MMR	92.4	93.4	78.9	81.4	94.8	85	88	29.4	35.4
Total	93.4	92.65	80.3	84.55	96.3	89.5	89.05	95.4	93.2

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”. Preventive Medicine Department, Ministry of Public Health.

Table 14

Percentage children meningitis vaccination in 2000 a

	Beirut	MountLebanon	North	Bekaa	South	Lebanon
1st dose	68	58.6	43.5	38.8	47.7	50.3
2nd dose	68	45.2	29.1	22.9	29.4	35.9
3rd dose	47.9	46.8	15.6	12.3	22.3	28.7

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”. Preventive Medicine Department, Ministry of Public Health.

a This vaccine was optional, and was only provided in the private sector, accordingly the table shows a low percentage of vaccination, however starting 2003, it was made available free of charge in the public sector.

Table 15

Percentage Hepatitis B vaccination

	2000	2001
1st dose	85.6	94
2nd dose	80.1	0
3rd dose	68.7	88

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”. Preventive Medicine Department, Ministry of Public Health.

Table 16

Number of communicable diseases cases reported to the Ministry of Public Health according to age and year

	Ageyears	Type of diseases
Polio	Meningitis	Measles	Rubella
1998	<1	1	9	39	0
1-4	6	17	262	2
5-20	7	18	647	10
1999	<1	1	9	2	0
1-4	7	12	5	1
5-20	6	43	2	3
2001	<1	1	13	1	1
1-4	4	34	6	6
5-20	11	38	0	0

Source: Epidemiological Surveillance Unit Data - Ministry of Public Health.

273.The table shows a high prevalence of measles cases in 1998. It was addressed with repeated and extended vaccination campaigns in all Lebanese regions. The campaigns were very effective evident in the table for the following years.

6-8 Nutrition and Breastfeeding

274.Within the framework of the early childhood care and development project, and subsequent to the implementation of numerous awareness raising campaigns that targeted the general public through media, parent education sessions were organized for mother on the importance of breastfeeding and appropriate nutrition for children. In addition relevant booklets and materials were published and distributed through centers and NGOs.

275.On the other hand child friendly hospitals increased from 18 in 1998 to 24 in 2002, however it is a modest number if compared to the number of existing hospitals on the Lebanese territories.

276.The Ministry of Public Health is considering amending the Decree 110/83 relating to the prohibition of marketing mother milk substitutes.

Table 17

Percentage distribution of children according to breastfeeding

	Nutrition	Child friendly facilities
Exclusive breastfeeding	Solid food and breastfeeding	Still breastfed	Still breastfed
Age months	0-4	6-9	12-15	20-23
Total	27	35	35	11	21

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

Table 18

Percentage children (below 5 years) suffering from malnourishment, 2000

Malnourishment
Malnourishment	Stunting	Wasting
3	12.2	0.7

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

277.The table shows a progress relating to wasting if compared to 1996 figure of 2.9% , whereas no progress was achieved concerning malnourishment and stunting.

278.The Ministry of Public Health in collaboration with UNICEF started in 2000 the distribution of iron drops, free of charge for all children (6-12 months), in order to prevent iron deficiency anaemia. In addition the Ministry of Public Health in collaboration with international organizations put in place in action plan for enriching flour with iron and foliates for the prevention of anaemia, however no practical activities were undertaken in that concern.

Table 19

Percentage distribution of salt and its iodine content over households in governorates a

Governorate	Percent of households with no salt	Percent of households in which salt was tested	Percent of households with salt testing
<15PPM	15+PPM
Beirut	0.3	97	8.9	91.1
Mount Lebanon	0.5	96.9	18.2	81.8
North	0.1	99.3	8.4	91.6
Bekaa	0.5	96.6	13.3	86.7
South	0.2	96.6	11.4	88.6
Four cazas	0.4	98	11.5	88.5
Total	0.4	97.3	13.5	86.5

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

a Iodized salt was introduced into edible salt in 1995.

279.Pursuant to the principle of improving the nutritional conditions of school primary students, the Nutrition Project at the Ministry of Social Affairs, supports school cantinas that have contractual agreements with the Ministry, whereby approximately 3000 primary students benefit form the services provided. Moreover NGOs have undertaken several initiatives including provision of breakfast meals for children in a number of public schools.

6-9 Environmental Conditions

280.In line with the set objectives for improving the environmental conditions in Lebanon, various steps and measures were undertaken as follows:

(a)Incorporation of environmental subject matters within educational curricula since 1997;

(b)Law No 444 was issued in 2002, relating to the protection of the environment. Article 1 states that, “The Law defines the general legislative framework for implementing the national environmental protection policy, aiming at preventing the forms of degradation, pollution and damage and their hindrance, and promoting the sustainable utilization of natural resources, and ensuring a healthy life framework that is environmentally stable”, the Ministry of Environment is in the process of preparing the relevant implementation decrees;

(c)Law No 341 was issued in August 2002, for restricting air pollution resulting from the transportation sector (the major contributor to air pollution in Lebanon), whereby prohibiting use of leaded fuel in cars, and prohibition of use of small vehicles that operate on gasoline, which subsequently led to reducing air pollution by 42%. However this law is practically infringed in certain regions;

(d)The Ministry of environment supervised the implementation of numerous environment related international projects;

(e)The Ministry of Electrical and Water Resources, prepared a ten year plan 2000‑2009, for managing water resources, including ensuring additional water sources, drinking water projects, irrigation plans and wastewater, as well as protection of water sources from pollution;

(f)Subsequent to the ratification of Vienna convention and Montreal Protocol, the Ministry of Environment established the Ozone Office at the Ministry.

Table 20

Distribution of household by access to drinking water according to governorate, 2000

Governorate	Main source of drinking water
Public water network system	Well	Water sources outside	Tanker trunk vendor	Other	Total	Total with improved drinking water
Beirut	80.5	13.3	5.3	0.8	0.1	100	93.2
Mount Lebanon	67.8	19.7	10	2.3	0.2	100	86.8
North	63.6	19.1	13.1	3.3	0.9	100	82.7
Bekaa	59.1	24.5	6.6	9.1	0.8	100	83.7
South	72.2	12.5	3.7	4.1	7.6	100	82.3
Four cazas	46.6	30.7	11.8	10	1	100	77.2
Total	68.3	18.2	8.6	3.3	1.6	100	85.7

Source: Central Administration of Statistics, UNICEF, “State of Children in Lebanon, 2000”.

6-10 School Health

281.A Ministerial Decision established the National Committee for School health on February 8, 1993. During 1997 the committee prepared in collaboration with UNICEF and an NGO, a manual for the teams who are assigned the task of conducting the school medical consultations. However and until the present date , the work of the committee wasn’t enacted, nor the adoption of a national policy or action plan pertaining to school health that would extend the scope of school health to counseling services, health education, and environmental aspects at schools, whereas it is presently restricted to medical consultations.

282.The results of medical exams at schools showed that of the percentage students suffering from one or more diseases has decreased from 60.00% in 1990 to 44.77% in 1998.

283.A few governmental and non governmental organizations conduct school medical exams in numerous public and private schools in all Lebanese regions.

284.The following are few constraints and barriers to the implementation of the school medical exam program:

(a)The program doesn’t cover all schools and all regions;

(b)The methodology of school exam is not unified;

(c)The program is restricted to primary cycle students in public schools;

(d)Unavailability of statistical programs that are tailored to health exams.

285.It is to be noted that the subject matter of adolescent sexual health was introduced into secondary level curricula.

286.The following table shows that dental diseases are highly widespread, ranging between 20% to 34% depending on the region. Accordingly the need arises for awareness raising on oral and dental health and hygiene and fluoridation of water in Lebanon. University and NGOs are active in implementing activities aiming at preventive oral and dental health.

Table 21

Percentage distribution of general health cases for public school studentsaccording to years and regions

	2000	2001	2002
Diseases	Beirut	North	Bekaa	South	Beirut	North	Bekaa	South	Beirut	North	Bekaa	South
Healthy	66	45.6	50.4	29.6	54	48.2	45.5	30.3	54.2	50.8	48	40.6
Dental	20.7	32.2	27.4	41.7	25	31	36.1	45.5	24.9	30.8	33.3	43.2
Eye	4.2	2.1	3.7	3.1	6	3.8	4.1	1.2	5.6	1.9	4.3	0.7
Endocrine	2.7	0.9	0.1	5.7	3	1	0.1	5.5	2.6	1.6	0.4	3.2
Ear, Nose, Throat	4.2	11.1	12.1	16.5	6	8.1	10.1	14.4	7.7	8.8	10.1	9.5
Dermatology	0.7	3.8	2.7	2.3	2	4.8	0.8	1.2	2.2	2.2	1.8	1.1
Cardiology	0.6	0.9	1.1	0.4	1	0.7	2.1	0.3	0.8	0.6	0.8	0.9
Pulmonary	0.4	0.1	0.9	0.1	1	0.1	0.1	0.6	0.7	0.2	0.1	0.2
Urology	0.3	1.8	0.6	0.3	0.6	0.3	0.5	0.6	1.1	0.6	0.7	0.5
Gastro-intestinal	0.2	0.8	0.9	0.1	0.4	1.5	0.5	0	0.1	1.6	0.6	0
Neurology	0.1	0.7	0.1	0.3	1	0.5	0.1	0.4	0.2	1	0.4	0.1
Totala	100.1	100	100	100.1	100	100	100	100	100.1	100.1	100.5	100

Source: School Health Project, Ministry of Education and Higher Education.

a The percentages that exceed 100% are due to children having more than one type of disease.

6-11 AIDS

287.The National Program for Combating AIDS in Lebanon at the Ministry of Public Health in collaboration with WHO and UNAIDS group, and NGOs, prepared a new 5 year strategy (2004-2008) aiming at coordinating activities relating to AIDS, accordingly 4 foci were set and 12 relevant targets:

Focus 1: Advocacy, human rights and coordination;

Focus 2: Prevention;

Focus 3: Therapy, Care and Support;

Focus 4: Surveillance, Control and Evaluation.

288.The national program has played a major role in ensuring the provision of the three medicines that are required for treating AIDS. Since 1997, the Ministry of Public Health provides the medicines free of charge. Five anti- viral medicines are made available. The Ministry was able to reduce the costs of medicines that are produced by one company by 80%. Moreover the Ministry covers hospitalization costs of AIDS patients. On the other health care of convicted patients is provided by the respective prisons’ management.

Table 22

Reported AIDS/HIV cases 1998-2000 according to age and sex

Age	1998	1999	2000	Total
Female	Male	Female	Male	Female	Male
0-4	1						1
5-9	1					1	1
10-14		2		1		1	4
15-19						1	1
Total	2	2		1		3	8

Source: The National Program for Combating AIDS in Lebanon at the Ministry of Public Health and WHO.

Table 23

Cumulative AIDS/HIV cases, 2001-2002

Age	2001	2002	Total
Female	Male	Female	Male
0-4	1		1		1
5-9	4	3	4	3	7
10-14	3	10	3	10	13
15-19	2	3	2	3	5
Total	10	16	10	16	26

Source: The National Program for Combating AIDS in Lebanon at the Ministry of Public Health and WHO.

289.The cumulative number of AIDS/HIV cases in Lebanon for all age groups reached 696 in 2002. Children (0-19 years), constitute 3.7% of all cases, and vertical communicability between mother and child, constitutes 3% of cases.

290.Certain NGOs provide psychological support services to patients and their families and medicines. In addition to undertaking social fundraising activities aiming at assisting patients. The national program conducted several studies, the latest in 2002, pertaining to the situation of the most at risk groups.

6-12 Smoking and Drugs

291.A study that encompassed a sample of 1307 secondary level students from private schools, showed that youth smokers constitute 7.2% of the selected sample, youth alcohol drinkers constitute 7.4% and youth drug users and addicts constitute 8%.

Table 24

Smoking, alcohol and drug use, 2001

Substance	Ever	In the last 30 days	Use more than 5 times
#	%	#	%	#	%
Smoking	225	17.3			94	7.2
Alcohol	898	69.1	568	50.9	90	7.4
Illicit substances
Hash/Marijuana	88	6.8	28	2.2	31	2.4
Heroine	10	0.8	5	0.4	6	0.5
Cocaine	22	1.7	9	0.7	11	0.8
Ecstasy	36	2.8	15	1.2	15	1.2
Legal substances
Amphetamine	15	1.2	3	0.2	6	0.5
Tranquilizers	43	3.3	15	1.2	17	1.3
Opium derivatives/ barbiturates	16	1.2	3	0.2	7	0.5

292.Law No. 1/54 was issued on 23/1/2001, prohibiting sale of tranquilizers at pharmacies unless a medical prescription is signed by 2 doctors is presented at the counter.

293.A national program for combating smoking was established, and organized various awareness raising conferences and activities. A few NGOs organize trainings on methods for quitting smoking and awareness raising on incurred hazards. However until the present date there are no practical mechanisms for reducing the spreading of the smoking trend.

6-13 Children with Special Needs

294.Law No. 220 dated 29/5/2000, established the National Committee for Disabled Affairs, considered as the body that endorses general policies relating to the affairs of those with special needs, namely the formulation of plans and programs, proposal of law projects and regulations, participation in external networking and communication. The committee includes the following members:

(a)Permanent members from the Ministry of Social affairs considering their relevant job descriptions at the Ministry;

(b)Elected representatives from NGOs for the disabled, each representing one type of disability out of the four types of disabilities;

(c)Representatives of the disabled themselves elected by all the disabled, each representing one type of disability out of the four types of disabilities;

(d)Two expert members that serve the objectives of the committee.

295.Many constraints prevent implementation of Law No 220 and the provision of health and social services to those with special needs. There is no national disability prevention policy, and what is available in that respect is restricted to private initiatives undertaken by local and international NGOs.

Table 25

Proportion of children who benefited of a personal disability card (1995-2002)

Year	Total #	0-18 #	% of children with special needs
Male	Female	Total
1995	1 786	137	95	232	12.99
1996	8 436	1 708	1 159	2 867	33.99
1997	4 588	863	583	1 446	31.52
1998	4 300	902	597	1 499	34.86
1999	4 588	802	580	1 382	30.12
2000	3 737	663	484	1 147	30.69
2001	6 802	901	606	1 507	22.16
2002	2 510	292	230	522	20.8
Total	36 747	6 268	4 334	10 602	28.85

Source: Ministry of Social Affairs, Disabled Rights Program.

Table 26

Distribution of children (0-18 years) with special needs according to governorate and year

	1998	1999	2000	2001	2002
	#	%	#	%	#	%	#	%	#	%
Beirut	117	7.81	119	8.61	63	5.49	106	7.03	31	5.94
Mount Lebanon	555	37.02	462	33.43	417	36.36	554	36.76	177	33.91
North	287	19.15	308	22.29	246	21.45	309	20.51	144	27.6
South	237	15.81	179	12.95	169	14.73	190	12.61	56	10.7
Bekaa	151	10.07	165	11.94	149	12.99	236	15.66	61	11.7
Nabatieh	152	10.14	149	10.78	103	8.98	112	7.43	53	10.15
Total	1 499	100	1 382	100	1 147	100	1 507	100	522	100

Source: Ministry of Social Affairs, Disabled Rights Program.

6-14 Health Services and Rehabilitation

296.Law No. 220 included the establishment of a governmental committee, including members representing all health coverage bodies as well as a member from the National Committee for Disabled Affairs, presided by the Director General of the Ministry of Social Affairs. The committee’s main tasks are the following:

(a)Defining the specifications of all medical aids that are available in all health facilities namely, description, maximum quantities, age of beneficiaries, expiry dates, … etc.;

(b)Evaluation and unification of fees for health services;

(c)Selecting service providers and the relevant requirements, especially for newly established services;

(d)Unification of procedural adopted methods;

(e)Set up measures aiming at:

(f)Ensuring access of people with special needs to adequate services;

(g)Reducing waste of resources and unnecessary expenditures;

(h)Facilitating organizational procedures as much as possible;

(i)Maintaining quality requirements, safety and good performance.

6-14-1 Adequate facilities

297.Public facilities and public transportation means in Lebanon are not equipped for receiving or transportation of people with special needs.

298.Law No. 220 included the establishment of a committee encompassing members from the Ministry of Public Works, Urban Planning (president), Syndicate of Engineers, Municipalities, Ministry of Education and Higher Education, Ministry of Social Affairs, The National Committee for Disabled Rights. The committee put in place the minimal acceptable engineering and technical standards that should be integrated into the new construction law. The new legislative amendment in that respect applies to public governmental buildings and private buildings that are for public use, public and private schools and governmental administrations.

299.NGOs undertake few initiatives for equipping houses, social centers, schools, public buildings, sidewalks, parking, and public squares.

6-14-1-1 Education for those with special needs

300.Children with special needs, require rehabilitation of schools to address their needs, and the availability of specialized education personnel. Given the unavailability of such requirements, children with special needs still seek specialized educational institutions. It is to be noted that few schools initiated inclusion of those children.

301.Law No 220 included the establishment of a committee that organizes all matters pertaining to education of children with special needs, whereby facilitating their inclusion and ensuring their rights to education and ultimately employment opportunities. However the committee is still inactive and the principle of inclusion is absent.

302.In 2003 the Ministry of Social Affairs, through its Department of Disabled Affairs and its Social Training Center, in collaboration with 6 NGOs, undertook a capacity building program for workers at residential care institutions, aiming at improving residential care, and upgrading the performance of personnel dealing with those with special needs at the respective institutions, promoting partnerships between the public and private sector, consequently promoting the capabilities of people with special needs and assisting them in participation and social inclusion.

303.Certain local and international NGOs implement educational programs for disability prevention, early detection, and awareness raising of parents on ways for dealing with children with special needs, in addition to psychological support and rehabilitation of children with special needs and their families. However all the initiatives remain insufficient and are not integrated in a comprehensive prevention plan.

Table 27

Percentage of children (0-18) with special needs holders of disability card, according to educational level, 1998-2000

Educational Level	1998	1999	2000	2001	2002
Never went to school	60.3	56.95	62.42	58.39	57.47
Regular Primary/no degree	26.02	28.65	23.81	25.88	26.63
Specialized Primary/no degree	9.47	7.16	5.49	4.78	5.36
Regular Complementary/no degree	2.47	4.2	4.88	7.03	4.98
Specialized Complementary/no degree	0.27	0	0.09	0.4	0.38
Regular Secondary/no degree	0.07	0.22	0.35	1.33	1.92
Specialized Secondary/no degree	0	0	0	0	0
University/no degree	0	0	0	0.07	0
Other	1.4	2.82	2.96	2.12	3.26

Source: Ministry of Social Affairs, Disabled Rights Program.

304.The table shows that the majority of children with special needs (85%), are either illiterate or didn’t finish primary education.

6-14-1-2 Sports for those with special needs

305.Law No 220 included the establishment of a committee for the sports of people with special needs. The Lebanese Union for Disabled Sports, is seeking in collaboration with the General Directorate of Sports and Youth, to finish establishment procedures and distribution of tasks. There are initiatives undertaken by several NGOs that ensure special sports activities. Relevant special needs institutions participated in several national, regional and international sports activities.

Table 28

Number of institutions that provide sports activities according to type of disability and governorate

	Beirut	Mount Lebanon	Bekaa	North	South
Sight	6	5		1	1
Hearing	6	9	2	2	2
Movement	9	11	8	4	2
Mental	9	10	4	2	5

Source: Ministry of Social Affairs, “ Guide for Services provided by NGOs and Institutions that care for Disabled People”, 1998.

Chapter VII

education, leisure, recreation and culture

7-1 Education and Learning

7-1-1Compulsory and free primary education

306.The second periodic national report provided detailed information pertaining to the concept of compulsory and free education and its evolution during the period from 1959 to 1998.

307.In 1998 the Law numbered 686 was issued that rendered primary education free and compulsory until the age of 12 years as an initial phase. The age would be subsequently raised until 15 years of age in parallel to the implementation of the new educational organizational structure.

308.The distribution of students in the various education sectors for 2001-2002 show that 39% of students are in public schools, whereas 48.4% in the private paid schools, and 12.6% in the private half paid schools (refer to table 1-2 in annex number 5).

309.The education services of the public sector are provided, given that registration fees (including taxes and contributions to the school fund), are charged and they amount to 120,000 Lebanese Pounds, which is equivalent to US $ 70 per each pupil. Until to date, the Lebanese Government didn’t enact comprehensive and regulatory measures such as free books and stationary, and an “education chair” for each child, however it implemented certain measures that would pave the way for the full implementation of the Law in question:

(a)Issuance of Law number 460 in 2001 that amended Law number 385, and that was applied for only one year, whereby exempting pre-university students in the public education sector from registration fees (including formal or vocational). The Law stated that the registration fees would be covered by the independent municipal fund;

(b)Ministerial decision number 47, dated 18/9/2003, that exempted all public education students in the pre-school level as well as first and second grade of the primary level from registration fees (including non-Lebanese students);

(c)Circular of the Minster of education number 57, dated 26/9/2003, that specified the sum of money to be paid by the parents for the parents councils funds established at public school and high schools. The amount shouldn’t be lower than 10,000 Lebanese Pounds and shouldn’t exceed 30,000 Lebanese Pounds for all the pre-university educational levels;

(d)The Ministerial Memorandum number 337, dated 9/10/2003 that prohibited schools from specifying the suppliers of school outfits, materials, and stationary;

(e)Lowering the prices of school books that are published by the Center for Education Research and Development (CERD) and that are formally used by public schools and optionally by private schools. The decrease reached 45% for secondary level books, 35% for primary level books. This was achieved through a deal that was made between CERD and the publishing house and that would extend until the end of the Academic year 2005-2006;

(f)The implementation of the “School Books Recycling” project in several schools and high schools. This project was implemented since 1991 by the Ministry of Education and Higher Education in collaboration with an international organization. The project was pursued in collaboration with UNICEF from 1998 until 2002. The main objective of the project is to alleviate the parent’s financial burden related to buying books. It is to be noted that 64000 students benefited from that project in primary and secondary levels. The project proved to be effective in reinforcing coordination between parents, municipalities and School administration. In addition it promoted the sense of responsibility among students, by making them preserve the public properties. However , it wasn’t feasible to implement all aspects of the project, given the fact that half of the books of the primary level include exercises books.

310.The above mentioned measures contribute to reducing the financial burdens incurred by the parents as well as providing equal education opportunities, a process that is somehow proportional to the average annual population growth. However these measures are not sufficient to ensure quantitative equity in relation to education opportunities on the regional, sectoral and social groups levels respectively. Several measures were undertaken since 1998 to reduce the disparities namely:

(a)Issuance of Decrees number 5684 and 3801 in 2001 and number 9091 in 2002 respectively; that specified standards and specifications of public schools buildings for the pre‑university levels, including internal and external areas for each class and student, medical equipment, specifications of classrooms and labs and workshops. In addition to specifications for disabled students, that should be implemented by contractors upon construction of new schools;

(b)Making use by the Ministry of Education and Higher Education of various loans offered by international and Arab funding agencies;

(c)The construction of schools in the south of Lebanon by the South Council in the liberated areas (38 public schools were built between 1998 and 2002). In addition to the construction of schools in the remaining regions of Lebanon by the Council for Development and Reconstruction.

311.It is worth mentioning that in spite of the above construction projects, the issue of the quality of school buildings remains unresolved due to the fact that the majority of school buildings are rented and weren’t originally built for education purposes, and the unavailability of permanent mechanisms that would ensure regular maintenance.

312.Furthermore, the amelioration of the physical infrastructure of schools should go hand in hand with the implementation of the “school mapping” project that was initially planned in the seventies and was modified recently. However the implementation of this project is slow, although it would redistribute schools, teachers and students in the public sector, and thus rationalize expenditures, increase the capacity of schools, and invest education resources in more efficient and effective way.

313.In summary the Law on Compulsory and Free education wasn’t implemented until the present date due to the slow process of issuing the implementation Decrees.

7-1-2Education costs and subsidies

314.The government expenditures on education for the year 2001 reached 11% of the total Public Budget and 4.4 of the National Product, amounting to 1096.9 billion Lebanese Pounds, and 954.9 billion in 2000. The government expenditure on education is relatively modest if compared to similar countries in the Middle East and North Africa region.

315.Regarding scholarships and education assistance provided from other Ministries (excluding the Ministry of Education and Higher Education), they amounted to 108.4 billion for 2000. 1999 Studies showed that the average family expenditure on paid education (for a five member family), for those with minimum monthly wage of $ US 300, reaches a sum of $ US 1700 for yearly tuition fees per child, in addition to approximately $ US 1300 for transportation, and school materials for all children in the same family. These figures explain the low enrollment rate in schools for families with limited income.

316.The Decree number 4145 was issued in 2000 in response to the high cost of children education in private paid schools in comparison to the minimum wage. It increased the annual governmental financial subsidies for each student enrolled in half-free private schools, to 135% out of the minimum wage paid in the public sector. Decree number 515 that was issued in 1996 had previously regulated the process of charging tuition fees in private schools. However the financial audit of private schools is not followed-up properly, in order to refer infringing schools to the relevant referee education councils that are located in all Governorates. Moreover the annual downsizing of educational financial assistance, as well as the suffocating economic situation are increasingly adding to the financial burdens of the children families in private schools. A serious issue is raised pertaining to the ability of ensuring their children right to education in private schools, and the sustainability of private education in Lebanon.

7-1-3Administration and supervision of the education system

317.The process of establishing a comprehensive Education Information System is underway. On the other hand scientific standards are being set for the selection of qualified school administrators, and the implementation of a basic training for teachers by the CERD and the education department at the Lebanese University.

318.The enactment of the new education Curricula, has led to the activation of the education research process at CERD, academic research centers, and scientific organizations as well as orders and unions. Various studies and researches were undertaken covering relevant topics including: educational achievement, educational and vocational guidance, learning difficulties, education management, and implementation of new curricula.

319.Several scientific conferences and workshops were organized, related to the new curricula and evaluation. Training and capacity building was done for a great number of workers in the education sector, pertaining to writing of curricula and books.

320.Concerning administrative supervision; several departments are assigned the tasks of evaluating the public education in Lebanon ( education as a traditional concept and in its different forms). The General Supervisory Directorate for Education, which is an independent authority from the Ministry of Education, supervises and controls the administrative and education performance, and the department of formal exams. It is the task of the school administrator to control the performance of teachers and supervisors and supervise the work of classroom educators and material coordinating committees, and communicate with the superiors about the school issues.

321.The CERD, performs researches and generates statistics pertaining to education management, effectiveness of the education system, and is establishing a new system for evaluation.

322.The General Directorate of Education through the Directorate of Primary Education and the Directorate of secondary Education plays the major role in supervising and monitoring public schools. The Department of Private Education monitors the curricula and books in private schools according to Decree number 1436/50.

323.Regarding the private education sector, each institution sets and implements its customized policies, administrative and evaluation procedures. The General Supervisory Directorate for Education and the Directorate of Consultation and Guidance don’t interfere with the private sector’s operations. However the private sector students are subjected to the formal exams, and the schools participate in evaluation studies that are organized by CERD.

324.The studies that were executed relating to measuring the educational achievements on selected classes since 1994, and the results of formal exams, in addition to a recent study on education indicators for public education, represent basic data that reflect the quality of education in the pre-university education levels.

325.On the other hand, and within the framework of supporting primary education in Lebanon, the regional UNSESCO office and UNDP assigned the task of evaluating the new public education curricula to a specialized scientific organization, that in turn prepared a detailed study that included the following topics: objectives, structure, repartition of lessons, curricula of learning materials, school formal books, evaluation system, learning achievements of students in the first and second level, and teachers training. The CERD is presently undertaking a process of evaluation of curricula, through a survey targeting relevant sectors. The center is also organizing workshops encompassing all education stakeholders, aiming at curricula development. In addition to training workshops for administrators in all governorates, that would facilitate their participation in improving the quality of education.

326.It is becoming necessary to set up a regular evaluation mechanism that would monitor the development of the education system, and develop a comprehensive education database that would be equally available to decision makers and citizens. Action should be taken towards the reduction of bureaucracy and centralization.

7-1-4Quality of education

327.Major achievements have occurred in the last seven years, pertaining to the quality of education mainly:

(a)The enactment of a new education structure that is flexible and comprehensive. Whereby all education levels and forms are linked, including public, vocational and university education. This was achieved by intersecting education pathways. “The basic education” level encompasses nine grades including six primary and three intermediate, and incorporates sectors for children with special needs. In addition a fourth section was added to the secondary level. The new structure enabled an outstanding pathway, that would start with students that have finished the basic education level and would like to acquire a profession. Several measures were implemented within the framework of the education plan (refer to the second national periodic report), however the parts pertaining to children with special needs education as well as interlinking levels and types of education weren’t yet put into practice;

(b)It was mentioned in the second periodic report that new modern curricula were introduced for the formal public pre- education in 1997. However it wasn’t compulsory for schools to apply information technology, arts , second foreign language and technology curricula. Accordingly they didn’t constitute part of the formal exams, given the fact that equipment and tools are lacking in several schools, and these curricula were only restricted to schools that were able to buy relevant equipment or acquire donations. On the other hand new school books were prepared and published for all levels and curricula;

(c)An evaluation system was put in place, that is based on individual student skills, the latter ought to be improved and worked on. The skills lists get identified and evaluated at the end of each unit, year and learning cycle. In addition a school support mechanism was established aiming at improving the learning process through acknowledging individual learning differences, and individual follow up of students with learning difficulties or extremely brilliant. However there is still a need for practical measures to be implemented in accordance with the school support mechanism, especially for students with special needs, and the alteration of the formal exams system so that it would adopt the student skills and register approach, and the establishment of an independent evaluation body for regularly measuring the learning achievements in selected classes and providing consultancies relating to formal exams.

7-1-4-1 Training teachers on new curricula

328.Upon the enactment of the new education structure and curricula in 1997, CERD in collaboration with UNICEF organized training workshops for teachers from the private and public sectors, on implementation of the new curricula. The training process promoted coordination and collaboration between the private and public sector. A comprehensive training plan was designed including general education subjects (refer to table 1 below), in addition to specialized education subjects and evaluation topics (refer to table 4 in annex 5). However the training was insufficient.

329.CERD in collaboration with the World Bank and French counterparts, and in coordination with the Ministry of Education and Higher Education and Education Supervisory are establishing a permanent training team for continuous training of teachers, aiming at developing the skills and qualifications of the teaching personnel and upgrading their productivity in order to improve the quality of education.

Table 1

Training workshops on new curricula for teaching personnel inthe private and public sector during 1997-2003

Education Level	Year	Number of trainees	Total
Public Sector	Private Sector
Pre-school	1997	2 782	802	3 584
Pre-school	1999	4 078	-	4 078
Pre-school	2000	2 446	-	2 446
Pre-school	2002	1 741	-	1 741
Basic and Secondary	1998	16 104	4 651	20 755
Basic and Secondary	1999	16 317	71	16 388
Basic and Secondary	2000	8 686	-	8 686
Basic and Secondary	2001	14 300	-	14 300
Basic (3rd cycle scientific)	2002	1 725	-	1 725

Source: CERD, Office of Training and Development, 2003.

330.On the other hand, the school of education (at the Lebanese University), trained 585 teachers. In addition various private education groups, organized training workshops for their teaching personnel. The Teacher Academy, as well as Education Schools at private universities and the Lebanese university prepare teachers that possess qualifications adapted to the approaches of the new curricula, including participatory active learning, elaboration of the classroom ground rules, learning evaluation, within a specialized practical and theoretical framework.

7-1-4-2 Distribution of teachers according to educational level

331.The basic qualifications for a number of teachers are still not adequate in relation to the modern educational approaches.

Table 2

Percentage distribution of teachers in the private and public sectoraccording to their educational level from 1998 to 2002

Year	PhD	Master	Bachelor	EducationBac	HighschoolLeb Bac II	BelowLeb Bac II
1999-2000	4.65	2.26	27.63	12.42	33.15	19.53
2000-2001	4.14	2.73	30.11	12.49	32.93	18.00
2001-2002	4.25	2.48	31.75	12.38	31.91	17.23

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 1999, 2000, 2001.

332.The table shows that for the academic year 2001-2002, the number of teachers holders of a Bac II degree and less reaches 49%. Therefore in addition to the low number of teachers having educational qualifications, there is a high number of unspecialized teachers. Accordingly the Law number 344 was issued in 2001, which requires new teachers to hold a teaching bachelor degree and above for all education levels.

7-1-4-3 Distribution of teachers according to age in all education sectors

333.The education personnel in the public sector has relatively aged. The number of teachers that are over fifty years of age, in 2001-2002 reached 22%. However it is only 13% in the private sector. It is well known that this fact reflects negatively on the teachers’ physical and psychological performance, and their dealing with continuous training. Hence, it is necessary to increase the ongoing trainings and follow-up for all education personnel in the public and private sectors alike, in order to organize the teaching profession based on scientific and professional methods, whereby respecting the rights of teachers and children.

Table 3

Distribution of administrative and education personnel inall general education sectors (2000-2001)

Education Sector	Number	Percent
Public Sector	40 599	48.7
Private Free	5 958	7.2
Private Paid	36 907	44.2
Total	83 464	100

Source: Center for Education Research and Development, Statistical Report, Beirut, 2001-2002.

Table 4

Distribution of administrative and education personnel inall general education sectors by sex (2001-2002)

Sex	Number	Percent
Female	58 893	70.6
Male	24 571	29.4
Total	83 464	100

Source: Center for Education Research and Development, Statistical Report, Beirut, 2001-2002.

Table 5

Average number of pupils per teacher from 1998 to 2002according to education sectors

Year	Sectors
Public	Private Free	Private Paid
1998-1999	9	17	12
1999-2000	9	19	12
2000-2001	9	19	12
2001-2002	9	19	12

Source: Center for Education Research and Development, Statistical Report, Beirut, 2001-2002.

7-1-4-4 Learning achievements

334.CERD in collaboration with UNESCO regional office and UNICEF have conducted various studies for assessing the students learning achievements on the national level namely: “ Learning Achievements”, “ Learning Difficulties”, “Curricula Evaluation”. All the studies concluded that learnt skills are low concerning the following topics; Arabic and French languages, mathematics and sciences. In addition there are major disparities in the observed learning achievements between the private and public sector, the latter being at a disadvantage. Furthermore regional disparities exist between the urban and rural areas, the latter also being at a disadvantage. However there are no gender differences. The pattern observed in the learning achievements applies also to the results of the formal exams at the end of the basic and secondary levels, that indicate that success rates are low in the public sector.

7-1-4-5 Integrated education approach

335.CERD in collaboration with UNICEF have pursued the gradual implementation of the Integrated Education Approach in the first cycle of basic education in 16 exemplary schools (14 public, 2 private). This approach has adopted various principles, mainly, merging topics, which makes the learning process based on interlinking knowledge and skills in a sequential manner, and the principle of interactive learning participatory learning between the teacher and pupils and among the pupils themselves.

336.The integrated education approach has proved to be effective on different levels: conferring various skills namely, analysis, coherence, conclusion, critical thinking, discussion, problem solving, creativity. In addition to facilitating the interaction of the child with the surrounding environment, following- up on life events and developments, conferring initiative and independency behavior in doing the daily and school activities, and a sense of security and confidence whilst dealing with one teacher and one specific book, carrying a lighter in weight school bags, and having less home works.

337.In 2003, a group of experts from the Education School at the Lebanese University, executed an evaluation study for UNICEF of the integrated approach aiming at assessing the feasibility of generalizing the approach to all Lebanese schools, and subsequently upgrade the quality of education.

7-1-4-6 Completion, repetition and drop-out rates

338.Available education data indicate that completion, repetition and drop out indicators are increasing, which implies that there is internal weakness in the capacity of the education system.  The average completion rate reached 6.38 years instead of 5 years in primary education for 1998-1999, 6.36 years instead of 4 in intermediate, and 3.36 years instead of 4 in secondary respectively. Attendance rates varied according to districts, where the number of drop out students reached 731 out of each 1000 student in Akkar district. Furthermore, completion and repetition rates vary according to education sectors (refer to table 5-6-7 in annex 5), leading to early illiteracy of dropping out children (around 32800 students dropped out of primary education in 2000-2001).

339.Raising the number of school weeks to 36 weeks, and increasing the number of weekly school hours in the intermediate and secondary levels (on an average of 4 hours). Practically 30 hours were enacted for primary education and 35 weeks for intermediate and secondary respectively. It is recommended in that framework to organize the school day in such a way that allows a variation of activities and maintains a balance between the education needs and physical capabilities of the learner.

7-1-5 Education of children with special needs

340.Internal policies and regulations of public schools recognize that education is a the right of every Lebanese child without discrimination. Therefore public schools are prohibited from refusing enrollment applications submitted by children with special needs. Actually, the Directorate of Secondary Education, had facilitated since the sixties the enrollment of blind children in mainstream education. Recently a special section was established within a public high school and equipped to accommodate their education needs, like “ Braille” books, and a special audio-library, computers. The directorate organizes the formal exams in a specialized institution equipped for that purpose. An international organization provided a “Braille” printing machine, for book and exams printing. It is to be noted that in 200-2003, a blind girl achieved outstanding results in formal exams.

341.Children with motor disabilities enroll in other high schools that are equipped with electrical elevators. In 2000 a network of NGOs was established, aiming at the integrating children with special needs into mainstream education. The network started its activities by conducting a field study on local inclusion experiences, and was able to identify the major constraints that faced the inclusion program, mainly: implementation costs, shortage in specialized educators, parents do not perceive their children’s need, or do not commit to the program and difficulties relating to teachers inability to integrate in the program.

342.Lebanon is characterized by the fact that all specialized institutions that provide care and education for the disabled and children with learning difficulties belong to the private sector, however they have contractual agreements with the Ministry of Social Affairs.

343.In 2002 the Council of Ministers established (based on the Minster’s of Education Suggestion), the Committee for Enacting the Education and Learning Rights of the Disabled, it assigned to the committee the task of following up on the provisions included in the Law number 220 issued in 2000 pertaining to the rights of the disabled, and training teachers on the using the “Braille” printers, and ensuring the availability of books and publications for the blind and all required tools that would assist them in education. However the committee didn’t start its work yet.

344.In order to ensure the prerequisites for inclusion, it is necessary to put in place a unified education policy for the care and education of children with special needs including those talented or having learning difficulties alike. Subsequently, practical measures would ensue and reach specialized education institutions, encompassing monitoring and evaluation mechanisms for the surveillance of the types of services provided and allocating financial and education resources as deemed necessary.

7-1-6 Development of different forms of secondary education

345.Students enrolled in the Technical Secondary level (Technical Baccalaureate, BT), constitute 42% out of the total number of students enrolled in Technical and Vocational Secondary Level in the public and private sector (15229 Female, 19993 Male). The total number of Technical and Vocational students in the public and private sector in all levels reached 82647 and they are distributed according to the tables below.

Table 6

Percentage distribution of technical and vocational students inthe public and private sector according to degrees 2001-2002

Degrees	%
Special Certificates (3 months+ 1 year)	27.74
Basic Vocational	1.16
Intermediate Vocational	5.43
Secondary Vocational	1.00
Technical Baccalaureate, BT	42.62
Superior Technical, TS	19.87
Technical Diploma	1.85
Technical Teaching Diploma	0.33

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 2001-2002.

346.BT students are distributed within 35 specialties, one third are categorized as industrial, and the remaining as commerce ands services sectors(refer to table 8-9 in annex 5).

Table 7

Percentage distribution of technical and vocational students in the publicand private sector according to governorates 2001-2002

Governorate	%
Beirut	16.1
Mount Lebanon (including Beirut suburbs)	37.57
Mount Lebanon (excluding Beirut suburbs)	9.11
North	15.58
Bekaa	9.72
South	8.52
Nabatieh	3.49

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 2001-2002.

Table 8

Distribution of technical and vocational students according to sectors 2001-2002

Year	Sectors
# Public Schools	# Private Schools
1998-1999	36	329
1999-2000	40	337
2000-2001	40	334
2001-2002	44	352

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 2001-2002.

Table 9

Distribution of technical and vocational schools according to governorates 2001-2002

Governorate	Sectors
# Public Schools	# Private Schools
Beirut	5	56
Mount Lebanon	13	167
North	6	68
Bekaa	9	22
South	6	26
Nabatieh	5	13

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 2001-2002.

Table 10

Percentage distribution of technical and vocational teachers inthe public and private sector according to gender 2001-2002

Sectors	Gender
Male	Female
Public	62.16	37.84
Private	55.00	45.00

Source: Center for Education Research and Development, Statistical Bulletin, Beirut, 2001-2002.

347.Six thousand eight hundred and eighty students received the BT formal degree in 2001, out of 11905 candidates. Which indicates that there is a qualitative defect in this education sector that could be attributed to the learning achievements of students seeking it, and the level of competency, training and follow-up of the teachers, teaching curricula, teaching techniques, and quality of available equipment and educational tools.

348.Accordingly, the Ministry of Education and Higher Education, has undertaken various measures for rectifying the situation of Technical and Vocational education. The Ministry had enacted the new education structure in 1997, that included a development plan for this sector and upgrade of its curricula, adoption of a dual training system, division of the higher vocational education into two levels encompassing the middle and high frameworks, incorporation of a guidance program that introduces the professions, and integration of technology topics within general education. However the majority of these measures weren’t applied until the present date.

349.On the other hand, a five years plan (2001-2005), was signed between the Directorate of Technical and Vocational Education and the World bank, aiming at upgrading the capacity of Technical and Vocational Education, developing relevant policies and strategies, information management, improving internal capabilities and effectiveness of the education system and the quality of education, improving the external qualifications, increasing funding and promoting monitoring, facilitating enrollment, enhancing social equity, applying the credit system, and improving the image of the sector.

350.The Lebanese student is allowed to submit exams for the French Baccalaureate, Freshman, International Baccalaureate, given the enrollment in the specialized schools. It is to be noted that such schools are few and charge relatively high tuition fees.

7-1-7 Children enrollment according to age and education levels

351.The gross enrollment rate for the pre-school level reached 77.4%, however it increases to 104.7 for the primary level, and drops down to 76.3% in the intermediate level. The overall gross enrollment rate for the intermediate level (including general and vocational) is 78.5%. The net enrollment rate in the pre-school level reached 75.6%, it increases to 91.5% in primary, and then drops down again to 54% in intermediate general education (refer to tables 10-11-12-13 in annex 5).

7-1-8 School retention in primary education according to gender and governorate (1999‑2000)

352.Available statistics show that 95.3% of those that enter the first grade in primary education reach the fifth grade, this observed with gender disparities in favor of girls (97% for females in comparison to 93.8 for Males), however there are no significant regional differences, except for the Bekaa region, where it is the lowest at 90.7%.

Table 11

Percentage reaching grade 5 by gender and governorate in primary education

Reaching grade 5
	First	Second	Third	Fourth	Fifth
Gender
Male	99.5	97.8	98.4	98	93.8
Female	99.7	99	98.8	99.4	97
Governorate
Beirut	100	100	100	97.8	97.8
Mount Lebanon	100	97.5	100	98.9	96.3
North	100	97.9	96.7	99.5	94.2
Bekaa	98.1	98.6	96.8	96.9	90.7
South	99.2	100	99.7	98.6	97.4
Total	99.6	98.4	98.6	98.7	95.3

Source: Central Administration of Statistic, UNICEF, “State of the Children in Lebanon”, 2000.

7-1-9Illiteracy rate

353.The National Literacy Committee elaborated a 3 year plan (2002-2004), aiming at halving on the long run, the overall illiteracy rate, which is presently 11.6% to 5.8% by the year 2015, whereby dealing with the root causes of illiteracy; school drop out, enrolment barriers at school, in collaboration with the Ministry of Education and Higher Education.

354.The objectives of the action plan were reflected in relevant programs and activities, as follows:

(a)Development of new educational curricula for the literacy programs, following assessment of pre-existing programs;

(b)Conducting research and studies to determine the prevalence of illiteracy and related characteristics;

(c)Organizing literacy campaigns for targeted groups including:

Military personnel and recruits;

Juveniles (13-18), in collaboration with relevant ministries. In addition to reintegration of children under 10 years of age to regular schools;

Workers.

(d)Prevention of illiteracy, by advocating for raising compulsory education to 15 years and reducing school drop out, in collaboration with the Ministry of Education and Higher Education;

(e)Networking with universities to promote their participation in literacy programs.

Table 12

Percentage illiteracy rate by gender and governorate

Gender	Governorates
Beirut	Mount Lebanon	North	South	Bekaa	Total
Male	3.2	5.2	12.4	9.4	9.4	7.7
Female	9.6	10.7	21.7	18.0	22.4	15.4
Total	6.6	7.9	17.1	13.7	15.8	11.6

Source: Central Administration of Statistic, UNICEF, “State of the Children in Lebanon”, 2000.

355.The illiteracy rate among women is almost double that of men. The rate is consistent among almost all governorates, with the exception of Beirut, where this rate is three times higher for women.

356.The differences in illiteracy rates among governorates is evident as it includes almost one fifth of women in the Beqaa and North, 22.4% and 21.7%, respectively, whereas it does not exceed 11% in Beirut and Mount Lebanon.

Table 13

Percentage illiteracy rate by age group and gender

Gender	Age Group
15-24	25-34	35-44	45-54	55-64	65 and above
Male	1.5	3.2	4.0	6.4	18.4	33.0
Female	1.6	4.5	7.1	23.3	44.4	60.7
Total	1.6	3.9	5.6	15.1	31.3	47.0

Source: Central Administration of Statistic, UNICEF, “State of the Children in Lebanon”, 2000.

7-1-10 Information technology

357.The Education Reform Plan, incorporated the adoption of information technology as a topic and tool for pre-university education, in public and private, intermediate and secondary schools. CERD elaborated accordingly pertinent curricula. Information technology books were written, and information labs were equipped in teachers’ academies in the six Lebanese governorates.

Table 14

Distribution and use of computers in public schools by governorate

Governorate	Administrative Use	IT Teaching Use
Schools #	Computers #	Schools #	Computers #
Beirut	39	52	33	333
Mount Lebanon	144	177	91	714
North	129	142	98	773
Bekaa	83	93	46	308
South	133	187	54	461
Nabatieh	103	131	40	339
Total	631	782	362	2 928

Source: Center for Education Research and Development, Education Research Bureau, 2003.

358.In the public sector, the number of schools equipped with Information Labs, don’t exceed 195 (15%), technology labs 113 (8.7), physics and chemistry labs 110 (8.5%) respectively.

359.Computer use in the private sector varies according to schools and their educational levels. Certain schools are very advanced in that field and have developed programs. There is still a need to implement necessary steps in that context mainly:

(a)Requiring all schools to apply information as an education topic;

(b)Pursue the process of equipping public schools with computers and IT equipment;

(c)Ongoing work for the developing applied education programs in IT, due to the fast developments in that field;

(d)Ensure that communication technology is provided to schools without taxes or reduced taxes.

7-1-11 School support and mainstreaming

360.The undertaken assessment by CERD in 2002 on “requirements of implementation of the school support program”, within the school classes, didn’t lead to the implementation of the relevant program in public schools. It is up to school directors and teachers to take the initiative and organize education support measures during holidays for their students, especially for degree earning levels. Whereas certain private schools organize summer programs or week-end classes. Subsequently students submit exams that would determine whether they pass to a higher grade or repeat their classes. This measure is either a formality or absent altogether in certain schools, and it is a tool for upgrading students with difficulties without dealing with the root causes of their problems. However other private schools adopt differential learning methodologies, whereby competencies achievements are followed-up individually and adequate support is provided through common groups with similar needs, or through one-to-one and group work. Classes having more than 20 students are divided into 2 groups during sessions to facilitate the work. This process requires qualified teachers and additional financial costs, however it has proven to be very effective to a great extent.

361.Certain private schools and Non Governmental Organizations are active on rehabilitating out-of school children (below 14 years of age), in order to enable them to be reintegrated in the general and vocational education mainstream. The objectives of these programs aim at developing their intellectual, linguistic and communications capabilities, as well as their life skills, through educational methodologies, curricula, workshops and special learning techniques, supervised by a specialized multidisciplinary team.

362.An international organization has implemented since 1999, in collaboration with the Ministry of Social Affairs, an education support program for drop-out children (aged 7 to 12 years). The objective of the program aim at the successful reintegration in schools, and contribution to the elimination of child labor through helping parents, schools and NGOs assume their responsibilities in that context. The program started by training a group of social workers, and parent education. Then children were given academic sessions and activities extracted from the school curriculum. Consequently children were reintegrated within schools and followed-up all the year through. The main outcome of the project, is the reintegration of 426 child in schools after being exempted of administrative requirements (entrance exams, registration fees), the drastic alteration of their parents’ treatment, the promotion of children self confidence and modification of their aggressive behavior, in addition to raising the awareness of the community and its sensibility in respect to its collective responsibility in that regard. The project identified the causes of school drop-out, schools at risk of having drop-out, and constraints that prevent reintegration and ways of overcoming them.

363.Since 2000-2001, an NGO has taken the initiative of providing free of charge additional lessons (30 sessions per year), for students of the formal degree earning levels (9th grade in basic education, and 3rd in secondary), in 6 public school in Beirut, after formal working hours. The success rate in formal exams exceeded 85%. The same experience will reach additional levels in 2003-2004, namely first, fourth and ninth grades in basic education and second grade in secondary. However the majority of these initiatives only cover a small proportion of the totality of students with learning difficulties or not enrolled.

364.Cultural and religious NGOs undertake various initiatives for the reintegration of students, after formal working hours and in all regions, but such initiatives weren’t surveyed. Thus, it is necessary to document and build on these experiences and benefit from them in order to create a coordinating mechanism that would encompass governmental and non-governmental sectors and that would ensure adequate school support for all students, on an individual and group basis, and subsequently increase equity concerning quality education opportunities.

7-1-12 Early childhood care

365.Education in Lebanon is characterized by disparities in respect to levels and approaches which is in turn reflected in the pre-school phase in particular. Education institutions are diverse in terms of types, programs, teaching languages, methodologies and techniques. This diversity is also related to regional distribution in Lebanon.

366.Education in preschools is characterized by decentralization, there is no central authority in charge of the preschool stage, but several government bodies are in charge of that stage that was divided into 2 sub-stages; the nursery (from 0 to 3-4 years), and kindergartens (from 3-4 to 6 years). The Ministry of Social Affairs caters for the nursery level, whereas the Ministry of Education supervises kindergartens in public schools, its jurisdiction exclude kindergartens in private schools, where it is restricted to initial work license provision.

7-1-12-1 Nurseries

367.A study conducted by UNICEF and the Ministry of Public Health in 1998, showed the existence of 245 nurseries or day care centers for children below 4 years of age, 64% are located in Beirut and Mount Lebanon. Furthermore, 53% are private and 9% belong to the public sector. Health and education surveillance of the services provided by these centers are weak, consequently causing a high prevalence of communicable diseases among cared for children, and a bad quality education and development services in certain cases.

368.The Ministry of Social Affairs provides maternal and child care services in all its centers. It signed a protocol of cooperation with UNICEF covering the period 2002-2006, for improving the quality of early childhood care and development by the public sector, in the most underserved regions, that are in need of parental education on health and education issues. The objective of the project, is to promote emotional, cognitive, psychological and social development of children since the moment of fertilization and until seven years of age, to be achieved by through improving the knowledge and skills of care providers (parents and workers in health, social and education facilities). Accordingly training workshops were organized for preschool teachers in nurseries belonging to the social development centers of the Ministry of Social Affairs were trained. Training materials were prepared for workers in Early Childhood Development as well as parent education materials aiming at upgrading their knowledge and skills in relation to care and communication with their children. Since 2002 a program of cooperation between the Lebanese government and UNICEF has been implemented pertaining to early childhood care and development in collaboration with the Ministry of Public Health, the Ministry of Education and Higher Education and the Ministry of Social Affairs, and the participation of the private and NGOs sectors.

369.Certain NGOs has organized with the support of Save the Children UK, training workshops for those working with children on the production of education toys. Follow-up was conducted in day care centers for promoting the participation of children in the production of their own toys. A training manual on early childhood was published. A center was established for training those that work with children (0-3 years). Training workshops were organized in the center on early disability detection and intervention. The organization had implemented programs in nurseries and children clubs in Palestinian camps until 2001. It is presently in the process of producing and materials and a guidelines for early detection of disabilities and organizing relevant training of trainers in collaboration with the Ministry of Social Affairs.

7-1-12-2 Kindergartens

370.Decree number 8970 was issued on 30/10/2002, whereby limiting the kindergarten stage to two academic years, only children who completed t 4 years of age in the same academic year are allowed to enroll in kindergarten. Education institutions are advocating for reducing the minimal age to 3 years given the high demand by parents on kindergartens due to the increase in proportion of working mothers.

371.CERD prepared in 1997 a curriculum for kindergartens, and trained all kindergarten teachers in the public sector and partly teachers from the private sector (refer to table 1). The center also organized parents education workshops on early childhood care. The “Kindergarten Stage Committee”, that reports to the Education Supervisory unit at the Central Audit Administration (reports directory to the presidency of the Council of Ministers), monitors performance of teachers and submits relevant reports to specialized stakeholders. This is a newly implemented measure, that was initiated in 2000 upon the establishment of the committee.

372.Concerning information technology use in that stage, it is to be noted that it is the least used in that stage (7.01%). It is only used in private paid preschools that charge high tuition fees in Beirut and Mount Lebanon, where IT programs include training children on computer usages and concepts, and teaching them relevant skills.

Table 15

Distribution of students in the kindergarten stage by gender and sector 1999-2002

Sector	1999-2000	2000-2001	2001-2002
Male	Female	Total	Male	Female	Total	Male	Female	Total
Public	22.8	24.2	23.5	25.0	26.5	25.7	24.1	25.8	24.9
Private   free	17.2	17.0	17.1	16.3	16.1	16.2	16.3	16.0	16.1
Private   paid	60.0	58.8	59.4	58.8	57.4	58.1	59.6	58.2	58.9
Total	100	100	100	100	100	100	100	100	100

Source: National Action Plan for Education for all (2004-2015), Beirut, 2004.

373.The private paid sector received the highest percentage of students 58.9% for the academic year 2001-2002, this could be attributed to the quality of education that is much better if compared to other sectors. It is to be noted that there are no gender differences in the distribution of students over education sectors.

Table 16

Distribution of students in the kindergarten stageby sector and governorates 2000-2001

Governorate	Public	Private free	Private paid	Total
#	%	#	%	#	%	#	%
Beirut	1 166	6.8	1 885	14	10 474	4.77	13 525	100
Mount Lebanon   (including Beirut   suburbs)	3 021	2.8	4 457	0.12	29 522	8.79	37 000	100
Mount Lebanon   (excluding Beirut   suburbs)	3 390	0.19	2 772	5.15	11 712	5.65	17 874	100
North	15 220	3.43	5 166	7.14	14 734	0.42	35 120	100
Bekaa	6 362	3.29	5 837	9.26	9 511	8.43	21 710	100
South	5 395	4.32	2 056	3.12	9 217	3.55	16 668	100
Nabatieh	3 525	5.32	2 477	8.22	4 855	7.44	10 857	100
Total	38 079	9.24	24 650	1.16	90 025	59.00	15 2754	100

Source: National Action Plan for Education for all (2004-2015), Beirut, 2004.

374.The private paid schools attract kindergarten students, the highest percentage being in Beirut suburbs and 79.8% and the lowest in the North 42%. The opposite is observed for the public sector, where the highest percentage is the North 43.3% and the lowest in Beirut suburbs 8.2%.

Table 17

Distribution of schools including kindergartens by sector and governorate 2001-2002

Governorate	Public	Private free	Private paid	Total
#	%	#	%	#	%	#	%
Beirut	31	22	18	12.8	92	65.2	141	100
Mount Lebanon   (including Beirut   suburbs)	54	15	64	17.8	242	67.2	360	100
Mount Lebanon   (excluding Beirut   suburbs)	128	44.6	35	12.2	124	43.2	287	100
North	289	59.8	65	13.5	129	26.7	483	100
Bekaa	204	55.4	75	20.4	89	24.2	368	100
South	115	54.5	27	12.8	69	32.7	211	100
Nabatieh	101	59.0	28	16.4	42	24.6	171	100
Total	922	45.6	312	15.4	787	39	2 021	100

Source: National Action Plan for Education for all (2004-2015), Beirut, 2004.

375.The number of public kindergartens is higher in the regions where those belonging to the private paid sector are lower, in the North it reaches 59.8% for the public sector and 26.7% for the private. However it reaches 15% in Mount Lebanon for the public sector and 67.2% for the private.

Table 18

Distribution of kindergarten teachers by sectors 2001-2002

Sector	#	%
Public	2 698	7.29
Private free	1 031	3.11
Private paid	5 359	59.00
Total	9 088	100

        Source: National Action Plan for Education for all (2004-2015),Beirut, 2004.

376.Certain kindergartens in public schools are characterized by the availability of education tools and playgrounds, and the adoption of an active learning integrated approach that excludes the school book and relies on education units that depend on the developmental stages of the child. However these kindergartens still have gaps relating to the segregation of students on sectors depending on their grades, and the unavailability of special rooms for health care provision in many schools. The organization of the classes based on interest corners as well as use of educational toys and computers is very limited. The curriculum lacks fundamental elements in the teaching of reading, writing, foreign languages, mathematics, psycho-motor activities, technology and civil education. Furthermore there are weaknesses in linguistic competencies, and education skills in general among of the preschool teachers personnel. In addition to the absence of linkages between the preschool and primary stages curricula. No reference whatsoever is given to children with special needs.

377.The French Cultural Center, UNICEF and NGO are supporting certain public kindergartens in respect o training and equipment.

378.Hereby there is a need to have one formal reference body, that would encompass all the representatives of institutions and stakeholders involved in early childhood care and development and academic specialists in early education, that would monitor administrative and educational operations in public nurseries and kindergartens and put in place a strategy that would increase enrollment in the preschool stage and rally the efforts of the private and public sectors in order to upgrade the quality of early childhood services. Moreover unification of the organizational structure of preschool teachers and the remaining teachers would lead to the specialization of this profession.

7-1-13 Education, psychological, scholastic and professional guidance

379.The Ministry of Education and Higher Education has started implementing, in collaboration with UNICEF and an NGO, an educational guidance mechanism in public schools, since the academic year 1996-1997. Teachers were selected having bachelor degrees in psychology, philosophy and social sciences, and having 5 years of experience for participation in training sessions on counseling and guidance. They were subsequently assigned the task of following up students learning, psychological and social difficulties and helping them to overcome them. In 2000 the same counselors were trained on prevention and development guidance in collaboration with UNICEF and teachers from the American University of Beirut. In 2002 the number of counselors reached 93, distributed over a number of primary and intermediate schools, they perform counseling in addition to their teaching profession.

380.In 2003, selected counselors were assigned the task of coordination, entailing visits to schools and needs assessment, dealing with problems and the possibility of referring difficult cases to specialized centers. The Directorate of Counseling and Guidance is seeking to expand its scope of work to include secondary stage and vocational guidance and various adolescence problems.

381.Concerning, private schools; they partly recruit a school psychologist, that follows up the psychological aspects of students with learning difficulties, they sometimes perform educational guidance roles. However the Lebanese Law doesn’t require schools to provide such services. There is no data from a public or private source that provide quantitative indicators relating to the number of psychological and educational counselors in the private sector. Certain institutions are planning to undertake a statistical survey on the psychological services, social work and professional guidance in their schools.

382.There is only one unique independent center in Lebanon that is specialized in counseling and educational and vocational documentation, that was privately established. The remaining centers belong to private schools and universities. Few private and governmental stakeholders organize exhibitions pertaining to available university and professional specializations, and invite schools to attend such events.

383.The need remains for activating coordination between the public and private sectors regarding education and professional counseling, through establishing a national team that would elaborate a general strategy and common action plans for generating information, training workers, and ensuring that education institutions recruit an educational and psychological counselor.

7-1-14 Right of minorities to learn their language

384.The Lebanese curriculum allows Armenian schools to teach the Armenian language as a basic language. In addition Decree number 3550 dated 3/8/2000 gave the choice to schools to replace one the three languages (French, English, German), with another language including Armenian, Italian or Spanish as a second foreign language.

7-1-15 School organization and articles of the Convention

385.Decree number 1130M/2001 relating to “internal policy of public preschools and basic education schools, includes 6 items that outline “ the student’s duties” and accountability procedures. However it doesn’t include any section on “student rights” or accountability of teaching personnel. Which implicitly reflects undervaluing of children rights in schools and society, and a defect in the process of punishment and reward of personnel and negatively impacts the educational interactions inside schools. There isn’t any section that refer to the care of students with special needs.

7-1-15-1 Right to education

386.All children, whatever their nationalities are entitled to enroll in public schools without discrimination. There is no legal text that prohibits non-Lebanese children from enrolling, given that there are sufficient vacant places, according to Article 109 of the abovementioned internal policy. Priority is given to public schools students, and those succeeding. The number of students per primary class should range between 10 and 30.

387.As for private schools, they require entrance exams for new applicants. Student acceptance criteria vary from one school to another. It is to be noted that these criteria are not subject to formal monitoring. Certain schools refuse the enrolment of students, if they repeat a class more than once or those that are seeking human and social sciences and economy in the 3rd secondary grade, because of the unavailability of such sections.

7-1-15-2 Right to rest and leisure

388.In public schools, a primary school day is composed of 6 sessions (50 minutes each), including one break of half an hour duration. Intermediate levels include 7 sessions and 2 breaks (the first for half an hour and the second for twenty minutes). The same class day in private schools extends from 8 until 3:30. Few schools provide food meals to students, although some of them might reside far from their schools. It is to concluded that proportion of rest and leisure is minimal if compared to the length of the school day and sessions, that frequently require the student to sit and be silent, which is reflected negatively on the child psychological, mental, and physical development alike.

389.Based on the abovementioned internal policy; certain schools organize excursions and visits to archeological touristy and geographical sit, artistic institutions, factories and production farms, after written consent of the students’ parents. Extracurricular activities committees include teachers and experienced and talented students, in order to guide students, for appreciating literature and art works, and participating in sports and social activities, health promotion and protection of the environment.

7-1-15-3 Right to respect

390.The majority of internal policies and regulations of public and private schools prohibit education personnel from subjecting students to physical punishment or retribution by using humiliating words that are not unacceptable by education and personal dignity. However the public school system doesn’t specify any accountability mechanism for those breaching that article. And Article 186 of Sanctions Law permits discipline measures that are inflicted by parents and teachers on children in accordance with accepted general norms. NGOs and Human Rights Activists are advocating for the annulment of this Article, because it is not compliant with the articles of the Convention on the Rights of the Child. In cases of disputes that arise between teachers and students, the latter get interrogated in the absence of the teacher that have submitted the complaint.

391.There are no organized mechanisms that enable children and parents to report and submit complaints inside the school. It is up to each individual school to permit or forbid similar types of communication. A limited number of schools, secondary public schools and NGOs have provided students with complaint boxes. It is necessary to generalize this mechanism in all schools and NGOs.

7-1-15-4 Right to express their views

392.Based on the same Decision, public school students are prohibited to practice political parties’ activities, and undertake religious discussions, or participate in marches and education strikes or induce them.

7-1-15-5 Right to participate in decisions that concern their education

393.Decision number 213, issued in 2000 by the Minister of Education and Higher Education, states that teachers and students in collaboration with parents shall establish school clubs in public schools. Each club is supervised by a specialized technical team. The club’s activities are inspired from the education curricula, and aim at discovering capabilities and talents, and providing opportunities to students to learn about their personality and communicate with others, enforcing educational knowledge, acquiring social values pertaining to civic issues, democracy, health and environment, enabling students to plan, program and evaluate activities, and assisting them in choosing a future profession. The clubs’ activities are funded from governmental aids, funds allocated by the parents’ councils, students’ contributions, and external funding.

394.Enrollment of students in clubs is compulsory. The overall number of clubs is presently 53 in public schools. 35 additional clubs are being established for the academic year 2003-2004, however statistics are not available concerning the number of clubs in private schools.

395.On the other hand, certain private schools include students representatives in the school administration. Certain schools confer limited authority to representatives, whereas others are required to propose and implement educational projects.

396.The Secondary Teachers Association are working on reactivating the system of students associations in secondary public schools, based on Decision numbered 1126, issued in 1974, that stopped functioning due to the war. The objectives of these associations is to promote participation in educational, intellectual, social, sports and cultural activities, and allow cooperation with the high-school administration in all matters that interest students. The association includes representatives from all secondary sections.

7-1-16 Integration of the Convention in education subject matters

397.The second national periodic report, has highlighted the fact that the provisions of the Convention on the Rights of the Child were integrated in the following education subject matters: Arabic, French and English languages, sciences, national and civil education, translation and social sciences, within the third year of each stage or basic cycle. This was attributed to the fact that books of the respective first and second years were already published. Therefore there is still a need to rectify the situation for the first and second year, this issue is being actively reconsidered by CERD during undertaken curriculum evaluation workshops. In addition articles of the convention were also incorporated within education subject matters in schools, participating in the integrative education project, in collaboration with UNICEF.

398.Since 1999 CERD in collaboration with UNCEF, and within the framework of integrative education project; trained a group of teachers from the teacher academy, and health education teachers from primary and intermediate schools, on the principles of human and children rights, and the provisions of the Convention on the Rights of the Child, and the situation of children in Lebanon. However training was insufficient.

399.Private schools organize teacher trainings on the Convention on the Rights of the Child. Certain universities teach Children Rights topics as part of the curriculum on Human Rights and Freedom, Civic Education, particularly in Law and Education specializations. Remaining schools don’t assign sessions for these topics, however they are included within educational projects that are organized by the administration, students and parents committees.

7-1-17 Parents’ involvement in school life

400.The following guidelines are included within the internal policies of basic education public schools:

(a)The school director is requested to organize the cooperation process between the school and the parents of the students, and to promote the role of parents’ council in the school. The internal policy of the parents’ council promulgates that a parents’ council should be established in each public school, encompassing representatives from the parents of registered students, and would play the role of link between the parents and the school administration. Decision number 441 issued in 2000, and Decision number 807 issued in 2001 organize parents’ councils in secondary public schools and public preschools and basic education public schools respectively. The councils aim at “providing financial and moral support to schools and contributing to upgrading their levels in collaboration and coordination with their administration, the councils don’t have the right to interfere in the educational process, however they are entitled to propose suggestions that regard to relevant school authorities”;

(b)School directors are prohibited from organizing public festivities that entail invitation of parents, unless prior permission is provided by the Minister of Education and Higher Education, except for specified holidays and occasions. This measure reflects the intensity of centralization and forbids parents from organizing cultural and education activities in schools;

(c)It is not allowed to school buildings and playgrounds and their content for other purposes than formal education processes, except for special cases that are defined within the applied rules and regulations and following approval of the Minster of Education and Higher Education, which hinders making use of school buildings resources in social and development activities.

401.Regulations of private schools, promulgate the establishment of parents committees, that are elected by the parents of students themselves. The type of work of these committees vary depending on each school administration. The committees’ jurisdictions are restricted to providing financial support and assisting and discussing with school administration various organizational decisions, as well as following up parents reported teachers’ infringements, and monitoring school budgets based on Law 515/96, and the process of charging tuition fees through the financial committee. It is to be noted that training programs for the members of these committees are inexistent especially regarding planning, communication and leadership skills. Furthermore they are not legally protected for rejecting school decisions relating to coercive measures that might be imposed by the schools upon their children.

7-1-18 Democracy and non-sectarian education

402.An NGO, implemented an education project “ for more humane education” between 1998 and 2001. It targeted 20 public and private schools form various regions and sects. The objectives of the project, aimed at training teachers on education tools relating to democracy and the respect of children rights, the promotion of critical analysis and group-building and the establishment of communication and friendship bonds between teachers and students that extend beyond the regions and sects. The project included the following:

(a)Theoretical and practical training on democratic teaching methods, and participatory class administration;

(b)Implementation of new methods and techniques in classes (evaluation of student works within groups, elaboration of the class ground rules…);

(c)Organizing weekly teachers discussion sessions for experience sharing and discussion of problems;

(d)The creation of a network of friends including students belonging to various religious sects;

(e)The production and dissemination of a documentary films covering the project activities.

7-1-19 Peace education

403.Lebanon has pursued since 1998 the implementation of the project” Positive Peace Education and Conflict Resolution” by CERD, in collaboration with the Canadian government and UNESCO. The project aimed at peaceful conflict resolution between community members, and reinstating the communication and discussion approach among them. It also sought to integrate strategies and skills of conflict resolution in the various education subject matters of

general education. Project activities focused on training teachers on the principles of conflict resolution and peace education, and publishing a manual that would be used in 13 leading schools.

7-1-20 Religious education and children’s rights

404.Decree number 1847 was issued in 10/12/1999, that accorded one complete education session per week for religious education, out of the assigned sessions for arts and various activities, in all education stages in the pre-university phase, in all public schools. Private schools have the freedom of choice in that respect, although the majority of private schools include religious education that is compatible with the religious belief of the school owner, or according to the predominant religious sects of students, or a combination of 2 types and even more of religious education, whereby classes would be divided into different groups based on the religious sects of students.

405.The new curricula incorporated the subject matter of philosophy and civilizations in secondary stage, which discusses the topic of religion from a cultural perspective. A relevant chapter outlines the principles upon which all religions rely, without dwelling into practices and rituals of each religion.

406.The Council of Ministers issued in 2000 Decree number 112, relating to adopting only one book for religious education, one for Christians and one for Muslims for each class. Subsequently Decree number 180/2001 was issued in 2001, that assigned the tasks of writing the books and training teachers to relevant religious authorities in collaboration with CERD. However the Council of Ministers had postponed the enactment of the degree since 2001, and it wasn’t reactivated by any initiative.

407.In 2001, an NGO organized a national workshop on the situation and problematic issues of compulsory religious education in Lebanon, the main topics that were discussed:

(a)Compulsory religious education, induce problems pertaining to the rights of non‑believers, as well as rights of sects and religions that are not formally acknowledged in Lebanon. In addition to the rights of children to freedom of religion and belief who have different religion than the school owners or considered as minorities;

(b)Religious education in Lebanon is based on beliefs and rituals, and the learning objectives vary between the sects. In 1999 a Decision was issued that restricted religious education to one book published by CERD. However it wasn’t implemented to date;

(c)A proposal to render religious education more considerate of the freedom of belief and the dignity of children, which promotes mutual acceptance of differences, and permits a better knowledge of the essence of religion, and eventually leads to alleviate the intensity of sectarianism. This could be achieved by selecting specialized teachers from various religions and organizing continuous in-service training.

The discussion of this controversial issue is still ongoing, given the multi-sectarian structure of the Lebanese society.

7-1-21 Access opportunities to higher education

408.The overall number of enrolled students in the totality of higher education institutions (36 institutions; out of which 23 are in Beirut and its suburbs) for the year 2001‑2002, reached 124730 students (54.71% Females), non-Lebanese students constitute 10.7%. In the same year, Lebanese university students (the only public university with low tuition fees), constituted 56.7% out of all students in Lebanon. The Lebanese university provides quality education, that is comparable to other private universities. The number of its students has tremendously increased, since the deterioration of the economic situation after 1996. However it didn’t undergo expansion of its building facilities, while waiting for imminent finishing of construction works of the university complex in Beirut suburbs, and that would regroup the sectarian divided branches during the war. The branches of the Lebanese university in the regions (North, South, Nabatieh, Shouf, Bakaa, that include 42% out of all the university students), won’t get any additional buildings on the short run, which decreases the probability of enrollment in higher education for those with limited income that reside in those regions, and encourages internal migration from the rural areas. Consequently, there is a necessity to implement the project of the Lebanese University reform on all levels. Accordingly, various private universities are taking the initiative of inaugurating branches in the regions, whereby ensuring better education opportunities, however they lack a unified binding Law that would include quality standards.

7-1-22 Education-for-all plan

409.The Ministry of Education and Higher Education, has undertaken in collaboration with UNESCO, the elaboration of a national plan of action for education for all that covers the period of 2003-2015, and that would rely on the following principles:

(a)Expand and improve early childhood care through ensuring availability of kindergartens for all, especially in the public sector;

(b)Reinstate the education system, based on genuine democracy in relation to evaluation of the system, dissemination of information, planning in harmony with people and society’s needs, rationalization of administrative procedures, and involving local communities in education decision making;

(c)Ensure compulsory, free quality education for all children in the basic education stage, through training of teachers, improvement of teaching methods and evaluation, supporting students and families during basic education stage, establishing a surveillance mechanism for children who are not enrolled, reducing quality related disparities between regions and sectors, promoting collaboration between the communities and central and local authorities, developing educational and psychological guidance and counseling services, and ensuring the availability of adequate buildings and equipment;

(d)Provide reading and functional literacy programs for drop-out children and youth;

(e)Put in place a permanent monitoring system for the effectiveness of the education system;

(f)Develop appropriate curricula and infra-structures for the education of children with special needs.

7-2 Child’s Right to Leisure, Recreation and Culture

7-2-1 Legislative measures

410.There are no special measures in the Lebanese Law that ensure the rights of children to leisure and rest. What is available concerning this topic is, Decision number 213/M/ 2000, issued by the Ministry of Education and Higher Education that specified the general objectives and internal policy of school clubs. The mentioned Decision has contributed to defining the organizational structure of clubs, as well as monitoring, coordination, and facilitation processes, and categorization as follows:

(a)Cultural and Arts Clubs (Music, Fine Arts, Theatre, Media, Culture and Civilizations);

(b)Socio-Economic Clubs (Public Relations, Home Economics, Cycling, Social Work);

(c)Sciences and Technology Clubs (Technology and Professional Introduction, Sciences, Computers);

(d)Health and Environmental Clubs (Health, Environment, Population, Agriculture, Rural Development);

(e)Sports and Scouts Clubs (Sports, Scouts, Sports Groups for metal and physical well-being).

411.The school clubs activities in Lebanon, vary according to the geographical distribution and education sector. Most regions lack the necessary financial and human resources that are required to establish clubs and enhance their roles. Private schools are more active than public schools in that regard, consequently children that can afford high tuition fees and costs, have a greater opportunity to benefit from such clubs.

412.Among the Decrees and Statutory Laws relating to the Ministry of Tourism; Decree number 15598 dated 21/9/1970 that exempted children below 10 years of age of entrance fees to archeological sites. Furthermore, Article 50 of the Public Budget Law and “annexed” budget for the year 2000 dated 14/2/2000 that applied half a tariff for children 18 years and below and disabled persons in archeological, touristy places, museums, exhibitions and public transportation (However implementation decrees weren’t issued).

7-2-2Disparities in children’s culture according to the economic situation and geographical and regional distribution

413.It is noticeable, that the number of institutions and structures that provide cultural and recreational activities for children (below 18 years) on the national level, are very limited and modest in terms of quantity and quality. In addition to the significant differences in geographical distribution, as the majority of the public libraries, museums, theatres, exhibitions and cultural activities that support the development of children and their talents and ensure active learning methods, are concentrated in the capital Beirut and few big cities. In spite of the availability of such institutions in the cities, children are still incapable to participate in these activities, due to the deteriorated economic situation. It is worth mentioning that NGOs play a major role in elaborating cultural and recreational activities as their own initiatives. The public sector is trying to support certain activities, through undertaking various measures that would contribute sustainability and availability of planning and funding.

7-2-3 Budget

414.The Lebanese government has allocated items in the budget of several Ministries (Social Affairs, Tourism, Culture, Youth and Sports), as contributions to NGOs that implement cultural and recreational activities for children.

7-2-4 Children’s museums, libraries, exhibitions and books

415.There is one scientific, specialized museum for children between the ages of 3 to 17 years, and four historical museums, they are all privately owned.

416.The Ministry of Culture, in collaboration with the International Agency of Franco phony and several local municipalities inaugurated 14 centers for reading and cultural facilitation in 2001, geographically distributed in all Lebanese regions. The Ministry of culture has subsequently expanded the network in collaboration with more than 20 other municipalities and NGOs, however implementation will start after securing appropriate funding.

417.The reading and facilitation centers provide permanent and programmed activities, including theatre and cultural activities from Lebanon and abroad, namely: The Story-teller rounds, Children story-teller, Books Presentations, Book Making Series, and Jibran literature. In addition various NGOs and associations, established in 2000, 130 libraries including public libraries in public schools and NGOs schools, mobile libraries, and the UNESCO library. However, given the demand and importance of the subject, there is still a need to establish libraries in all the Lebanese regions.

418.Specialized authors in children literature, published books that tackle children rights. Moreover the Ministry of culture in cooperation with NGOs and private institutions, organized several book exhibitions that allocated children corners, participated in the yearly “reading week” on April 7, and organized competitions for the best book presentations and painting and calligraphy, as well as participation in the yearly “sciences week” on the 25th of November.

419.It is to be noted that the majority of published children books are in a foreign language, or translated to Arabic, and consequently do not reflect the local culture and are not compliant with the community’s needs that they are meant for. They are also costly, which make them inaccessible for a wide range of children.

7-2-5 Children’s theatres and movies

420.Certain theatre groups, present recreational theatre plays in private theatre and schools. Few plays have an educational content pertaining to children rights. In 2003, the Higher Council for Childhood, supported a theatre play that focused on the rights of working children.

421.There are no specialized movies for children in Lebanon, except for limited initiatives in private schools.

7-2-6 Summer activities, leisure and holidays

422.The majority of these activities are localized in private schools and NGOs, and they are not equally distributed geographically, since they are mostly centralized and concentrated in big cities, certain institutions, clubs and scouts are based on religious and sectarian affiliations.

423.It is to be noted that there are various positive initiatives supporting the promotion of the spirit and sense of nationalism, for instance the Union of Lebanese Scouts, has undertaken widespread activities, in all Lebanese regions, that were based on educational non religious or sectarian approach, aiming at ensuring inclusion and integration between children and youth, according to the International Scouts Principles that are based on respect of others and good citizenship, in collaboration with the Ministry of Social Affairs during the period 1998-2002.

424.The Lebanese army organizes camps especially for its members in various Lebanese regions, aiming at integrating children from all regions, and from public schools including 350 children per year. Moreover the Civil Defense organizes training workshops relating to developing the capacities of children (between 6 and 15 years of age), on participation and openness and they reached a cumulative number of 7246 children in 2003.

425.The Ministry of Social Affairs organizes the Voluntary Work Camps, consisting of 7 camps per year, in all Lebanese regions, whereby children are united and directly introduced to their rights. The number of volunteers who participated in he camps was 815 including 475 children for the period 1998- 2002. This voluntary action covered in 2002, a number of villages, in collaboration with governmental and NGOs, and included training workshops, sessions and conferences as well as recreational and environmental activities. The Ministry is in the process of expanding this project in order to include a higher number of volunteers. Furthermore the Ministry of Social Affairs organizes summer programs for children that are implemented through its social development centers, including cultural, recreational and sports activities in coordination with NGOs and municipalities.

426.In spite of the availability of a high number of sports and recreational private clubs, a large number of children groups remain incapable of participating in such activities due to economic constraints.

7-2-7 Children’s share in the media

427.The private sector in Lebanon, dominates all the Media, whether audio-visual or written. The government owns only one television channel. The media sometimes allocates broadcasting time for children, however the latter remain unmonitored and unsupervised by any public or private authority involved in children issues. In general the spaces allocated to children programs are limited and lack a methodological approach and specialization that are compatible with local needs. Although, certain Media outlets received prizes for the quality of their children programs.

428.The weekly programs that are allocated for children, vary in quality in relation to form and content. The period assigned for children form 4 to 7 in the afternoon. Whereby, children programs, cartoons, and films depicting Arabic and foreign stories, as well as interviews pertaining to educational, cultural, health and social topics that help in developing children culture.

429.Media contribute to the dissemination of the Convention on the Rights of the Child, especially during November of each year, whereby programs and campaigns increase under the guidance by the Higher Council for Childhood.

430.There is no strategy for an organized Media policy, that would rely on guidance and education and involvement of children in preparing and presenting programs that concern them.

Table 19

Share of children programs from overall weekly broadcasting hoursin television stations 1998-2002

Station name	# Broadcasting hours	# Children programs hours	% Children programs
Future TV	168	6	3.6
Manar TV	126	8.3	6.6
N.B.N	168	1.3	0.8
N.T.V	168	18	10.7
LBC	168	7.5	4.5
Lumiere	119	5	4.2

Table 20

Share of children programs from overall weekly broadcasting hoursin local radio stations 1998-2002

Station name	# Broadcasting hours	# Children programs hours	% Children programs
Lebanese Station	147	1.35	0.92
El-Bashaer Station	119	3	2.52
Libnan el Hurr	168	7.75	4.61
El- Nour	119	3.6	3.03
Sawt El Shaab	126	1.38	1.10

7-2-8 Clubs and playgrounds

431.The Ministry of Social Affairs has established 23 clubs and 14 playgrounds during 1998‑1002, as part of the development process. In addition NGOs and certain international organizations, established clubs and recreational and sports compounds in cities and other Lebanese regions. These clubs organize youth programs until the 18 years of age in coordination with the Ministry’s centers, and provide opportunities for recreation and practice of cultural and sports hobbies. There is a high number of private clubs and playgrounds, that are not available for all children in different social groups due to their high costs. In the same context, UNICEF in collaboration with the Council of the South, the Ministry of National Education and Higher Education, and few municipalities, rehabilitated and equipped 24 children playgrounds servicing 3-12 years of age in the villages that were the most affected by land mines.

7-2-9 Entertainment parks and public gardens

432.Entertainment parks that are specifically for children, are available to the public in return of a fee for participation in games. They became widespread in many Lebanese regions. However they are centralized in major cities, they are quite expensive for many children, and few don’t comply with public safety standards.

433.The number of public gardens is insufficient in Lebanon. However the public sector and NGOs are in the process of establishing new gardens that are convenient to children needs. Several gardens were rehabilitated in the south with the support of UNICEF.

7-2-10 Children’s educational games

434.The majority of children educational games are not available to all Lebanese children, due to their high costs and the fact that they are mostly imported. Local production, whenever available, is limited. Although local production is of good quality, but it needs organization and planning, and ought to be produced according to research that is compatible with the educational objectives and the psychological needs of children.

7-2-11 Children’s magazines

435.There are several children magazines that are distributed in Lebanon, they were elaborated by individual initiatives in the private sector. A magazine is issued by the Directorate General of Internal Security Forces and is distributed for free along with the “Security” magazine. The majority of the abovementioned magazines are issued in Arabic, except for on French. The number is yet insufficient, and is not enough for the available demand, and doesn’t cover all age groups. A fact that could be attributed to high costs, and the need for multidisciplinary personnel specialized in children psychology, education and children literature.

7-2-12 Music and arts

436.Music is a perfect world for children, through which get introduced to the self and interact with their surroundings, however music lessons are not available to all Lebanese children, they are restricted to few private schools, within teaching sessions, that are financially costly.

437.The High National Academy for Music, a governmental institution for teaching several types of music, receives approximately 5000 children, in its 11 branches that are distributed in Lebanon (5 in Beirut and its vicinity and 6 in the remaining regions). The financial cost is acceptable. Various musical activities are undertaken by the Academy, for instance the establishment of a Lebanese Orchestra.

438.Certain schools organize artistic competitions, and participate in regional and international competitions.

439.Musical initiation, and children songs need to be attributed more attention so that they could contribute more to the emotional development of children and include all children age groups. Several private institutions organize painting competitions that involve a big number of schools, in coordination with the Ministry of Culture, National Education and Higher Education and the Higher Council for Childhood.

7-2-13 Computers and Internet

440.The computer is widespread in cities more than villages. Children seek the computer for entertainment purposes, including the multitude of electronic games, instead of using it for cultural, educational ends. Hence a monitoring, supervision and guidance and rationalization of usage are needed.

441.Education personnel has realized the importance of computers as educational tools, accordingly private schools worked on making it and the internet available for students. Private schools curricula included school research by using the internet. However public schools are still behind in respect of availability computers. The positive aspects of the computer and internet tools didn’t prevent educators, parents, youth international institutions, UNESCO, from warning the public about their misuse, fearing addiction and bad usage by children, especially that they became readily available for everybody and without supervision. The Lebanese market is drowning in programs that are not educational in nature and excite children instincts before they get mature.

442.Few NGOs have undertaken training children on computer and internet use in remote villages through an equipped bus.

443.To date there is no monitoring system that protects children from exposure to the dangers of modern information technology, that might their development, well being and morals.

7-2-14 Future steps

444.The Ministry of Culture action plan, has included within the framework of the “CLAC” project, increasing the number of public libraries. In addition NGOs and civil society institutions have integrated in their future plans, expanding and increasing the number of libraries in public and private schools. Whereas NGOs are advocating for allocating more spaces for public gardens in all Lebanese regions.

Chapter VIII

SPECIAL PROTECTION MEASURES

8-1 Refugee Children

8-1-1 Introduction

445.Lebanon hosts a number of refugees estimated at 2600 refugees belonging to various nationalities including Iraki, Sudanese, Somali, and other nationalities. Since nationalization is not allowed by the national constitution, support to refugees is consists of finding permanent solutions to their problems through supporting their right to return to their countries. Given the limited services provided by the government to non-Palestinian refugees, one of the active NGOs in this field provides services and help on various levels to refugees that are acknowledged by the United Nation Refugee Agency (UNHCR).

446.Palestinian refugees in Lebanon are divided into two groups, the registered and non‑registered. The registered refugees are those registered at the United Nations Relief and Works Agency (UNRWA), the majority had left Palestine after the 1948 war, their numbers are estimated at 382973 persons. Children constitute 35% (0 to 18 years). This group is considered according to the Lebanese law as foreigners.

447.The other group of refugees were not registered at UNRWA; they entered Lebanon in 1956. However, they don’t have the right to a residency permit, and consequently their children are in especially difficult circumstances, with no birth certificates or proof of their Palestinian nationality, consequently they cannot receive the UNRWA services in a formal manner. Their number in Lebanon is not known.

8-1-2 Domestic and international legislation

448.In January 1999, Decree 478 was annulled, requiring an exit and entry visa from Palestinians. This step has facilitated the reunification of families and reinstated the freedom of travel for Palestinians.

449.A series of laws protecting the rights of children and women were promulgated by the Lebanese Judiciary. Namely the law enacting compulsory elementary education, the prohibition of gender discrimination in the workplace, the reduction by half of entrance fees to tourist sites and museums for children and the disabled, and the protection of detained children in conflict with the law. These laws were previously mentioned.

450.In 1959, Lebanon created the Directorate for the Affairs of Palestinian Refugees (Decree 42) under the Ministry of Interior and the Directorate General for political and refugees affairs. The Directorate functions were defined and they include among other:

(a)Coordination with UNRWA on relief, shelter, education and health and social issues;

(b)Issuance of travel documents;

(c)Registration of personal status documents;

(d)Determining the location of refugee camps.

451.A memorandum of agreement was recently signed by UNHCR and the Security General whereby providing those refugees that submit asylums demand starting from the date 9/9/2003, further facilities, including fast registration, issuance of travel documents and provision of help as required…

452.The single instrument available to Palestinian refugees and that confers to them civil rights is the Casablanca Protocol which gives them the right to equal treatment with nationals in the Arab host countries except for citizenship. Lebanon has ratified the Casablanca Protocol with reservations and amendments but has never fully implemented it. This can be attributed to the close connection between the problematic of the Palestinian refugees issue and the political situation in Lebanon, rendering various recommendations and instruments pending. The Lebanese government remains the main responsible party for the refugees civil rights, however the responsibility for their basic rights including health, education, and relief is UNRWA’s, the latter is gradually downsizing its services due to the constant lack of funding which weakened its regular programs in the last years. Therefore funding countries should abide by their commitments and pay UNRWA their dues, whereby enabling the Agency to assume its duties to all refugees, especially that host countries, including Lebanon suffer from a difficult economic situation.

453.In that context few recommendations are in order, pertaining to the ratification of Lebanon of certain treaties relating to the situation of refugees in 1951 and its protocols in 1967, and people with no nationality in 1954, and reducing the number of no-nationality cases in 1961, in addition to the necessity of implementing the Casablanca Protocol. The cause of the delay of Lebanon in joining these treaties and implementing them is the complexity of the political situation relating to the issue of providing nationality to Palestinian in Lebanon, an issue unanimously refused by the Lebanese according to the documents of the national covenant, that was enacted at El Taef.

8-1-3 Services provided to refugee children

8-1-3-1 Services provided to non-Palestinian refugee children

454.The number of non-Palestinian refugee children (0-18 years) was estimated at approximately 1000-1200 children for the period 1998-2002.

(a)Types of services provided to refugees

(i)Monthly financial support

455.These services are provided to families depending on the family member size, they help in covering daily expenses such as rent. Children benefit as part of the families.

(ii)Medical services

456.The refugees program ensures financial coverage of 70% of the medical bill: medications, vaccines, medical tests (in-patient and outpatient) and all types of surgical operations. Refugees pay the difference of 30% directly to the medical service provider: pharmacies, hospital, medical center. Patients in general and especially difficult cases are followed-up by social workers, the attending physician, hospital, medical center and pharmacy. The teams are supported by a consulting physician who follows up certain cases, and gives advice and guidance to the teams and refugees alike. Health education sessions are organized for mothers pertaining to raising children and taking care of sick children and the importance of immunization.

(iii)Education services

457.Education services include all refugee children starting from pre-school until reaching secondary level. Vocational education is emphasized especially for adolescents. Parents and children have the freedom to choose the school where children are enrolled. The refugee office pays a yearly financial scholarship. Children are followed-up all the year through in order to find appropriate solutions in cases of low achievements or drop-outs and other education related problems. Children that were never enrolled in schools are taken care of in order to assess drop out reasons and find rehabilitation measures.

Table 1

Education services including all levels and vocational education

Year	Male	Female	Total
1998	277	275	552
1999	359	341	700
2000	271	234	505
2001	267	246	513
2002	282	237	519

( iv ) Leisure activities

458.The refugees program organizes during summer time of each year summer camps in collaboration with social facilitators and specialists. Around 55 refugee children participate. The program includes cultural and leisure activities that emphasize the importance of co‑existence and reconciliation between all groups and races living on the Lebanese territories. In addition to teaching children daily life skills namely: daily dental hygiene, personal hygiene, housekeeping work, taking care of personal items. The program also organizes parties, outings and theatre for children.

(v)Awareness-raising

459.Awareness raising programs were developed for the Middle East countries in order to introduce the communities to the refugee issues and incite them to help them, including training workshops for social workers in order to provide services to refugees and emergency assistance. Relevant publications were prepared and disseminated in all Middle Eastern countries.

(b) Constraints hindering services to refugees

(i)Education

460.Unavailability of specialized education programs that prevent school drop-out and help integration of refugee children in Lebanese schools. Lack of vacant places in Public schools, especially in Beirut. The declining quality of education in many private schools. Psychological instability of refugee children and their mysterious future.

(ii)Health

461.The high cost of all medical services in Lebanon in comparison to low incomes. Limited resources and capacities in governmental hospitals, especially governorates and regions outside Beirut. Insufficient number of governmental hospitals.

(iii)Social

462.The Housing facilities are frequently inadequate, requiring rehabilitation of populated streets in relation to cleanliness, water, playgrounds…

(iv)Protection

463.There is a need to provide children with the relevant documentation in order prove their legal status on the Lebanese territories. Early Child Labor (12-13 years), dropping out of school and joining the labor market. Arrest of parents and adolescents for several reasons, whereby affecting negatively children in relation to living, emotion, education and psychology. Unemployment that impact negatively on all aspects of children lives. The unstable situation of refugee children that affect their integration in the Lebanese society.

8-1-3-2 Services provided to Palestinian refugee children

464.The overall registered Palestinian Children (0-18 years) with UNRWA until 2003 was approximately 126960 (64977 Male and 61983 Female). They receive social services that are provided by UNRWA.

(a) Types of services provided to Palestinian refugees

(i)Health care services

465.UNRWA provides children from birth until 3 years of age the following health services:

Birth registration, newborn physical exam and abnormalities detection;

Surveillance of monthly growth of children and detection of growth problems;

Expanded Immunization program including comprehensive immunization of children (below 2 years) against preventable communicable diseases (poliomyelitis, diphtheria, pertussis, tetanus, tuberculosis, measles, hepatitis, rubella, mumps);

Daily treatment of sick children at UNRWA clinics;

Referral of sick children to hospitals having a contractual agreement with UNRWA;

Prevention of anemia and its treatment;

Research on Infant Mortality Rates.

466.As for children services (4-18 years):

Treatment in clinics and referral to hospitals;

Provision of medical eyeglasses and hearing aids for children and students;

School health physical consultations for all newly enrolled students, treatment and dental health;

Awareness raising campaigns on HIV prevention and smoking.

Table 2

Number of children 0-3 years that are covered by health services

Years	1998	1999	2000	2001	2002
Children 0-3 years	14 247	13 422	12 972	12 912	12 800
Immunization coverage	98.5	99.8	99.8	99.6	99.2

Table 3

Number of children medical consultations in the hospital, outpatient and dentistry

Services	1998	1999	2000	2001	2002
Outpatient services	6 65 448	6 85 818	7 09 836	8 01 827	7 93 265
Hospitalization	43 805	37 300	40 609	40 759	41 030
Dentistry	70 773	73 621	77 889	11 9235	89 158

(ii)Education services

467.UNRWA provides education to Palestinian refugees in all educational levels: primary, complementary and secondary; in addition to training teachers on new curricula and special campaigns for introducing children to their rights and sponsoring cultural activities for students. Children Rights booklets, posters and education materials are distributed to schools in order to inform children about their rights. The number of children enrolled in various levels (2003): Primary 29472, Complementary 10258, Secondary 2292.

468.Teachers were trained on analyzing the contents of Arabic language books and social sciences in order to highlight the concepts pertaining to children rights that are available in these books. Training was provided using educational story “Under the Willow Tree”, that was distributed to students and that promotes children rights principles as well as conflict resolution, forgiveness and tolerance.

(b) Constraints that deprive Palestinian refugees of their rights

(i)Non-discrimination

469.Article 2 of the Convention on the Rights of the Child, pertaining to Non-Discrimination, sets out the obligations of the Lebanese republic in ensuring the rights of refugee Palestinian children. However the United Nations Decision number 302(4-D), conferred the responsibility of providing humanitarian assistance to refugees and ensuring their rights to UNRWA.

470.The issued property law (Decree 296) in May 2001, prohibits Palestinian from the ownership of property and deprives them of the right to transfer their already purchased apartments and deeds to their children. The Lebanese government considers the Law in harmony with its opposing stance to the resettlement of Palestinian refugees in Lebanon.

(ii)Rights to health and social care

471.Although the health indicators of Palestinian children (Infant Mortality, Under Five Mortality Rate and Nutrition indicators), have shown substantial improvement, which can be attributed to the preventive health program at UNRWA, the reports (mentioned earlier), indicate that 11% of children (over 5 years) suffer from chronic health problems and 7% suffer from critical problems. 53% of children below 5 years of age suffer from various diseases. The prevalence of diseases among Palestinian children is directly related to poverty and substandard housing and unhealthy environment where they live.

472.Palestinian children seek health services at UNRWA and The Palestinian Red Crescent Society that provide these services in spite of their limited resources. In addition to NGOs health centers that provide health services to Palestinian communities. The Palestinian Red Crescent Society manages several hospitals, however the medical personnel, equipments and available hospital beds are not sufficient to satisfy the health care needs of thousands of people.

(iii)The standard of living

473.Article 27 of the Convention on the Rights of the Child states that” States parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. However UNRWA statistics show that more than 50% of registered children live in 12 overcrowded highly congested formal camps in very bad environmental conditions lacking all infrastructure that is required for a humanly decent life.

474.Lebanese authorities forbid the construction of new camps, expansion of existing camps. renovation and reconstruction, in order to prevent the consolidation of the Palestinian presence in Lebanon and implicitly accept the forced resettlement and destroy the principle behind the right of return. This principle is of great importance for both the Lebanese as well as the Palestinian population and they hold on to it. Consequently, UNRWA was unable to contribute to the renovation of 3 camps located in the south due to the Lebanese authorities’ decision to ban the introduction of construction materials into the camps since 1998, which eventually lead to the deterioration of the situation of these camps due to limited areas and tremendous increase in the population size.

475.Around 5% of refugees (approximately 21,000) live in substandard housing compounds, lacking adequate health and environmental conditions.

476.As for the informal and random housing compounds of Palestinian refugees in Lebanon, they are in even worse shape than the formal camps, where the residents suffer from multiple problems related to the deteriorating health and environmental conditions as well as the deprivation from the simplest types of social services. At the Gaza buildings just next to the Shatila camp in Beirut, lives around 262 Palestinian families. More than 6 family members live in one room in inadequate health conditions, with one bathroom per 30 persons. The scarcity of social services on all levels from either UNRWA or the Lebanese government makes the social and living conditions unbearable. The situation is partly alleviated by services provided by NGOs and by international humanitarian organizations.

(iv)The right to education

477.The educational levels of Palestinian children is not comparable to that of Lebanese children or even to Palestinian children living in neighboring Arab hosting countries. Out of three Palestinian children in Lebanon, aged 10 and above, one child leaves school before finishing primary or intermediate. The drop out rate is 39%, which is 10 folds higher than for Lebanese students for male and female alike. As for those holding high-school degrees or higher education they are few in numbers and they are 2 folds less in comparison to Lebanese students.

478.It is worth mentioning that students quit school and join the labor market out of de‑motivation caused by the lack of quality education or for economic reasons in order to increase the family income and improve their living conditions. Those opting to pursue their education and they are few, try to get enrolled in free governmental schools. Furthermore, places are limited in these schools, and priority is given to Lebanese students whenever they are available.

479.The great responsibility falls upon UNRWA. However its allocated budget is not sufficient to cater to the educational and social needs of Palestinian children, due to their increase in number. This fact is impacting negatively on the quality of education. Class overcrowding is severe in UNRWA schools, it might reach 55 students per classroom. Accordingly a two shift system was adopted, aiming at allowing the highest number of students to acquire education.

(v)The right to association

480.The Lebanese Law deprives Palestinian children of their right to form associations, since such a right is linked to the fact that only associations can be formed if two thirds of the members are Lebanese.

(vi)Right to name and nationality

481.The Lebanese Law prohibits Lebanese women of giving the Lebanese nationality to their children whenever they get married to a foreigner. Many Palestinian men who got married to Lebanese weren’t able to register their children or acquire Lebanese nationalities. Whereas in certain Arab countries this woman’s right is ensured regardless of the father’s nationality.

8-2 Children Affected by Armed Conflicts

8-2-1 Introduction

482.The majority of Lebanese children were deprived of their rights due to their country’s being subjected to Israeli attacks that hit people and assets in all areas in general and the South and the Western Beqa’a in particular. Consequently and as expected, the negative effects of these attacks were reflected on both the living environment and the society, and especially on children whose rights were violated through targeting their residences exposing them to daily bombardment that endangered their lives. In addition to children experienced human and material losses, displacement and internal migration, and fettering that affected their survival, holistic development, and safe living within a stable family. Furthermore, these children were compulsorily forced to join the armed forces in the occupied territories, and as a result, their sense of belongingness to their country and nationalism was shaken subsequently led to loosing their commitment and ties to their homeland. These children were also exposed to besiege, attacks, enforced deportation, oppressive expulsion and torture in the Israeli prisons, whereby depriving them of their personal freedom, including freedom to commute between their country’s occupied regions.

483.Accordingly, a Lebanese nongovernmental organization raised a law case against the Israeli attacks and practices. Consequently, the Israeli deeds were convicted by the International Committee on the Rights of the Child, in compliance with the International Covenant for the prevention of racial extermination crimes and related sanctions, As well as international Human Rights instruments related to war crimes and crimes committed against the humanity.

8-2-2 Israeli aggression practices against Lebanon 1998-2003

484.The Israeli attacks on Lebanon persisted especially during the last period 1998-2000 prior to its defeat in 2000. These attacks reached establishments, infra structures, electricity generation stations, bridges, blocked main roads, and demolished houses. Moreover, tens of children were killed and others were injured as a result of night air raids that attacked Lebanon and even reached the capital Beirut and the North governorate. The Israeli army used in these raids different types of weapons including bombs and rockets that are banned internationally; namely chemical phosphoric, cluster, fragmentation, fission and vacuum leaving behind these raids death, destruction, terror, and apprehension in children and disregarding all conventions and laws that prevent attacking civilians from both conflicting sides.

485.In spite of Israeli withdrawal from most Lebanese territories except Sheba Farms and Kafr Shouba Mounts, it didn’t refrain from attacking Lebanese territories, conducting around 7000 air violations that caused panic and fear among children and created psychological trauma and instability that ultimately progressed and led with time to confused and disruptive behavior within their communities. Furthermore, the marine attacks led to paralyzing economical and touristy activities in Lebanon where all the commerce and tourist activities were diverted to other countries.

Table 4

Type of damages that resulted from Israeli attacks in 1998 and 1999

Type of damages	Year
1998	1999
Killings	59	46
Injuries	439	132
Detentees	224	83
Demolished houses	420	517
Demolished schools	3	6
Demolished sacred places	5	7
Demolished health centers	1	-
Electricity stations	Undefined	11
Damaged trees	Undefined	1 000
Demolished water stations	3	-

    Source: Civil Defense Report, Islamic Health Organization, 1999.

8-2-3 Social and economical impact on children

486.The Israeli invasion to Lebanon lasted around 25 years and it is still occupying part of its territories. This war destroyed the infra structure and all the sources of human power, and the children got the greatest loss. They were deprived of opportunities to develop in normal conditions; they were deprived of playing, nutrition, inability to move between regions, and consequently made them live in an unsettled economical, social, psychological, and health state.

8-2-4 Impact of war on the psychological state of children

487.The Israeli war that was launched on Lebanon exerted a great impact on the psychological state of children, rendering them obsessed and anxious from the sound of explosions and, sound barrier. This created a permanent state of anxiety that confused them and hindered their mental functioning. In line with this situation; a lecture held at one of the Lebanese universities in November 2003 results showed that 70% of children are experiencing post traumatic stress disorder due to the war and its atrocities.

488.It is worth mentioning the existence of some social and psychological rehabilitation programs that are undertaken by relevant governmental institutions and NGOs on the level of the family and community that attempt to treat the physical and psychological effects incurred by children affected by armed, and promote their reintegration in the community.

Table 5

Number of children by sectors visiting the rehabilitation centers andgetting psychological help in 1998-2000

	Year
1998	1999	2000
Regions	Number	Number of consultations	Number	Number of consultations	Number	Number of consultations
Beirut	129	899	119	689	132	727
Nabatieh	66	203	65	201	74	234
Tyre	71	338	53	192	37	168
Total	266	1440	237	1082	243	1129

Source: The Medical and Psychological Center for The Care of The child affected by War and the Family Report, 1998-2000.

Table 6

Number of children by gender visiting the rehabilitation center andgetting psychological help in 2000-2002

	Female	Male
Year	Number	Number of consultations	Number	Number of consultations
2000	193	314	114	488
2001	90	400	174	820
2002	84	330	195	904

Source: The Medical and Psychological Center for The Care of the Child affected by War and the Family, Report, 2000-2001.

Children and the hidden enemy - the mines

489.The Lebanese territory was freed from Israeli occupation except for Shebaa Farms and other locations that Lebanon insists on regaining by whatever legal available instruments. Yet there is still another type of implicit occupation that is crouching in the heart of the Lebanese land and its surface in its prairies, the appropriate place for children recreation and play and on both sides of roads and even just meters away from houses and schools and other facilities. This type of occupation is represented by hundred thousands of landmines that were planted randomly on vast areas of inhabited lands, in the gardens and agricultural prairies, in addition to unconventional explosives and cluster bombs that are banned according to International Conventions, that are hazards and threats to children, causing death, disability, maiming and deformity.

490.What adds to the complexity of the problem, is the presence of an unlimited number of mine fields with unknown places to date, a large number of disseminated cluster bombs and unexploded missiles within inhabited areas, in the fields and gardens where around 46% of the injuries occurred as a result of bombs explosions, it is to be noted that the bombs attract the attention of children because of its diverse artistic shapes.

491.The problem of mines in Lebanon entails on Israel an international responsibility in conformity with General International Law and UN Covenants. (According to LaHaye, Geneva, and Ottawa Conventions).

Table 7

Distribution of injured and killed children below 18 years due tomine explosions and their derivatives from 1998 to 2003

Year	Injured	Killed	Total number
1998	5	-	5
1999	6	-	6
2000	14	10	24
2001	15	7	22
2002	7	1	8
2003	1	2	3
Total number	48	20	68

Source: The National Office for Mine Elimination, Report, 1998-2003.

8-2-6 Policy of expulsion and compulsory recruitment

492.The random captivity and forced compulsory recruitment on all those who reached fifteen years of age during the occupation period resulted in reducing educational access and achievement for children, lack of health care, and the emergence of post traumatic stress disorder as well as other psychological and neurotic severe syndromes for children, because these children were living the threat of being forced to join the armed troops and suffered from related obsessions. The Lebanese law stipulates that no one individual below eighteen years age has to

undergo compulsory recruitment into armed forces. It is to be noted that the resistance to the Israeli occupation in the South of Lebanon didn’t recruit children who haven’t attained 18 years of age.

8-2-7 Health status of children as a result of Israeli aggressions

493.Most of Lebanese children lived a difficult health situation especially those who were living in the South, where the successive bombing of canons and missiles and air raids led to a large number of deaths and caused cases of amputations, disabilities, heart attacks and psychic disturbances. Just as the usage of internationally banned weapons (depleted uranium, phosphorus, cluster, nails) in daily attacks led to a increasing the number of pulmonary and neurological diseases , and heart attacks as well as long term negative effects that might appear with time. The circumstances that were prevailing during the Israeli occupation prevented the needed medication from reaching children in a timely manner, delaying their treatment and aggravating their health situation that sometimes led to their death.

8-2-8 Detainees in Israeli prisons including children

494.Israel has detained during the occupation period, 18 Lebanese citizens below eighteen years of age, whereby children constituting 3% of the detainees. Most of them experienced and are still suffering from chronic diseases and physical disabilities inflicted by the following:

(a)Physical torture including various types mainly: severe beating- beating after immersing the body in water- pouring hot and cold water concurrently - hanging the detainees on a pole where barely their toes touch the ground- hanging the detainees upside down- applying electric shock especially on sensitive areas- starvation of the detainees- deprivation from drinking water for several days- bandaged eyes for a long period- throwing gas and smoke grenades in the cells- rape.

(b)Psychological torture: Insults - making the parents witness the torture - threatening the detainees of assaulting his wife or daughters or female relatives - making the detainees hear the cries of their friends during torture- threatening to kill the detainees or their relatives.

495.These actions constitute flagrant infringements of Geneva Convention No 4 relative to the Protection of Civilian Persons in Time of War, 1949. Moreover detainees were deprived from seeing their families and children, the latter were in need of their fathers’ care and attention. Although there are Laws and Conventions and Agreements for the protection of WAR prisoners and the detainees.

Table 8

Proportion of individual and materialistic damages that affected the families of detained in Israeli prisons

Family situation	Percentage
Death of one or several of family members	9.8
One or more of the family members were disabled	4.6
Number of multiple human injuries affected the family	9.8
One or more of the family members were injured	7.6
Total	31.8

Source: Civil Defense Report, the Islamic Health Organization, 1999.

496.Israel applies on the Lebanese war detained the laws in force that were applied during the British Mandate on Palestine that allows administrative arrest. Furthermore, Israel refuses to implement Geneva Convention No 3, Relative to the Treatment of Prisoners of War, on detainees and resistance groups whereby bluntly violating the rules and provisions of International human Rights Laws that promulgated treating all the war prisoners at all times in a humane manner, and that all the detainees have the right to personal respect as well as respect of their honor, family rights, religious beliefs, customs and traditions.

497.The International Law enforces on those infracting its rules, by undertaking international illegal acts that cause harm and damages to others to assume responsibility for their deeds and thus provide compensations for the resulting losses.

498.The Lebanese government was and is still active on taking care of the liberated prisoners of war from the Israeli prisons through monthly financial assistance that are provided by the South Council, in addition to other social and health services that are provided by relevant Ministries including the Ministry of Social Affairs. It is worth mentioning that the Ministry of Social Affairs conducted an analytical survey of the needs of the ex-detainees and their families, and accordingly provided adequate assistance.

499.In addition, the Lebanese government signed the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, and was included on the Parliamentary Council for ratification.

8-3 Administration of Juvenile Justice

8-3-1 Legislative measures applicable to children in conflict with the penal laws or those who are at risk

500.The Lebanese Parliament enacted Law No 422 related to the protection of juveniles in conflict with the law or at risk, on 6/6/2002. This law was characterized by the introduction of educational and rehabilitation measures as alternative to imprisonment, and the establishment of a comprehensive system for juvenile protection especially for those exposed to the danger of

delinquency. This Law is still an issue of controversy in the civil society who considers that certain articles are not compliant with the provisions of the Convention on the Rights of the Child.

501.The new law was based on the juvenile right to treatment with dignity, and respect, and the promotion of the child’s reintegration:

(a)“Juveniles are in need of special assistance that enables them to regain their normal role in society, taking into consideration in all circumstances the interests of juveniles in order to protect them from delinquency. Moreover, juveniles should benefit from a fair and humane treatment whereby the procedures for their prosecution, investigation and trial are subject to special regulations based on the adoption of friendly solutions and settlements and measures that are not liberty depriving. The judges enjoy the highest acceptable extent of best judgment within the framework of law and conferred jurisdiction to the judge as outlined in the general penal law, whereby the measures that are liberty depriving are the last resorts and it is forbidden to incarcerate juveniles with adults. The Juvenile judges were assigned the task of addressing juvenile affairs and the implementation of the law, whereas the relevant ministries ensure all the required means for the implementation of the law.” (Article: 2).

(b)Measures and the sanctions that are imposed on juveniles range from measures that are non-liberty depriving (blame, placement under trial, protection, supervised freedom, work for the public benefit, work for restoration to the victim) – some NGOs consider the work of juveniles for the public benefit and compensation for the victim a degradation of their dignity and infringement to their right for protection- to measures that deprive them of liberty (rehabilitation, correction) and reduced penalties. In addition to precautionary measures (Article 5). Given that the judge has to take into consideration in issuing such penalties and legal measures the age of juveniles upon committing the crime and to justify extensively the made decisions (Code; 6).

8-3-1-1 Juveniles in conflict with the law

502.The prime distinguishing characteristic of this law is reflected in modifying its name from “juvenile delinquents “to” juveniles in conflict with the law” whereby removing delinquency attributes from juveniles behaviors. The law specified the minimal age for penal responsibility;” the one who completed the age of seven when committing the crime” (Article:  3). Civil society organizations are advocating for raise this age.

503.The new law expanded the concepts of measures that are not liberty depriving, whereby encompassing a number of educational and rehabilitative measures. Whereas liberty depriving measures were separated from the retributive concepts by separating them from alleviated sanctions. The prison penalty was specified as an exceptional case and restricted to juveniles aged between 15-18 years, and even in that case the juvenile judge can undertake measures that comply with the best interests of the child.

504.With regard to reduced sanctions: in cases of offence and infractions the penalty is reduced to half including the fines, as for felonies that are penalized by death punishment or long life sentences and hard work they are reduced to imprisonment for five to fifteen years, and for

other felonies the penalty is reduced to half of incarceration period. Given that the sanctions are executed in the disciplinary institute (inexistent) or in the juvenile prison, according to the decision made by the judge. (Article: 15).

505.Law No 422 has assigned for juveniles an independent specialized judiciary committee to assess the cases of juveniles in conflict with the law, and defined its jurisdiction, its coverage, and the bylaws and procedures for trials. (Articles: 30, 31, and 32).

506.In order to eliminate any contradictory sentences in case of juveniles participating with adults in committing a single crime, the juvenile undergoes the regular court procedures concerning identification of responsibility, legal description, and civil commitments, subsequently the juvenile court listens undertakes the issuance of the sentence in accordance to the hearing of juveniles through imposing measures in compliance with the Law (Article: 33). As it was common for adults to push juveniles to confess responsibility for committing the crimes, due to the fact that their measures are more merciful. Furthermore the new adopted trials in accordance with the above mentioned articles, exempt juveniles from the dual fines that might be issued as a consequence of separate trials. However, NGOs are seeking to enact basic amendments on the above mentioned article, considering the fact that it is not acceptable that juveniles undergo the same penal trial procedures as adults.

507.The law specified the required conditions that should prevail during juvenile interrogations and investigations. Accordingly the responsible person has to notify immediately juveniles’ parents or their caregivers or those who are responsible for them, in addition to contacting the social representative for attendance before initiating the interrogations (Article:  34) as well as inform juveniles about investigation procedures or trials through their caregivers or the ones who are legally responsible for them, in addition to juveniles themselves or to a special guardian assigned by the court for the trial purposes (Article: 36).

508.The law also insured guarantees for the privacy of juveniles cases throughout all the stages whereby:

(a)The case trial of juveniles are done in secrecy and are only attended by the juveniles and those licensed to attend.

(b)The sentences are issued in public sessions.

(c)Follow up and investigation procedures are done secretively (Article: 40).

(d)Prior to the issuance of the sentence, the court is required to get a social report prepare by the social representative including all the necessary information, and suggestions regarding appropriate measure for the juvenile’s best interest and social reintegration (Article:  42).

(e)The presence of a lawyer during the trial is imperative. (Article: 42).

(f)Exempting juveniles form attending the trial or its relevant procedures whenever it is deemed necessary for juveniles’ interests (Article: 43).

(g)Integration of penalties or measures in cases of issuance of several penal sentences. (Article: 47).

(h)Prohibition of the distribution of juvenile photos or the investigation facts through any media. (Article: 48).

(i)Prohibition of incorporation of issued sentences or undertaken measures in their respective legal register. (Article 50).

8-3-1-2Juvenile at risk

509.The previous juvenile Law included only two Articles 26 and 27 relating to street children and begging, whereas the new achieved a great step by allocating a special chapter pertaining to juvenile at risk of danger (third chapter), accordingly it organized the procedures that should be implemented, whereby it incorporated all juveniles regardless of their age (Article: 24) and considered them to be endangered in the following situations:

(a)If juveniles are surrounded by conditions that expose them to abuse or threaten their health, safety, morals or the circumstances of their upbringing.

(b)If juveniles are exposed to sexual abuse, and physical violence that exceeds the limits of what is culturally acceptable as non harmful disciplinary beating. In this context, NGOs, especially those active in human rights issues, are seeking to amend this Article in order to eliminate all forms of violence that children are exposed to, even those forms that are acceptable within the public norm.

(c)Children are found begging or vagabonding. (Article: 25).

510.The new Law enacted an important achievement whereby it conferred to juveniles the right to present complaints to specialized authorities. Accordingly the judge has the right to promptly intervene in cases that need timely actions. Given that all requirements and measures that are outlined in the Law are complied to. Any information that is provided to the specialized authorities is not considered as divulgation of professional secrets by those aware of the juveniles at risk conditions due to their respective positions.

511.After listening to the juveniles’ parents or one of them the judge ought to keep the juveniles in their natural environment as much as possible, given that the judge assigns a person or a social institution to supervise and give advice and counseling to parents and guardians and assist them in raising them and subsequently a relevant report about the case progress is presented. The judge has the authority to decide whether to keep the juveniles in their respective environment and to impose on juveniles or those responsible for them certain specified duties, like to attend a school or specialized health or social institution or to undertake vocational work. The judge has the right to enforce such measures if the juvenile is accustomed to bad behavior and based on the request or complaint of the social representative. (Article: 27).

8-3-2 Public administrations and private sectors active in juvenile justice

8-3-2-1 Governmental administrations

(a)Department of juvenile protection at the ministry of social affairs

512.The duties of the department include the following:

(a)Suggest the plans, programs, projects and policies and laws to address the problems of juvenile delinquency.

(b)Implementation of programs and projects that are planned by the ministry.

(c)Promote the establishment of institutions and centers that are able to receive juvenile delinquents, and undertake their training, rehabilitation and education. As well as collaborate with these institutions and centers in order to achieve these objectives.

(d)Coordinate with public specialized administrations, institutions, and local and international organizations for taking care of juveniles in accordance with enacted laws and regulations.

(e)Collaborate with youth educational institutions in order to organize extra curricular programs in schools, clubs, and scouts movements, and guide them to create youth awareness programs, and provide them with adequate civic education.

513.The Ministry of social Affairs is undertaking the preparation of a new system for special contracts with NGOs and specialized institutions concerned for caring for juveniles at risk, whereby the contracts define the duties and rights of each party in the contract.

514.N.B. It is worth mentioning that, by the issuance of the Law number 422 dated 6/6/2002 pertaining to juvenile in conflict with the law or at risk, the right to care for the juvenile delinquents was transferred to the Ministry of Justice, while the Ministry of social Affairs retained the responsibility for preventive aspects in cooperation with the relevant administrations.

(b)Juvenile department at the ministry of justice

515.The duties of the department include the following:

(a)Organize the work related to juvenile affairs that are concerned with their respective Law.

(b)Organize a central information system in order to follow up the progress of the court files.

(c)Prepare yearly statistics on the situation of juvenile delinquents.

(d)Monitor and remedy for whatever affects the best interest of juveniles.

(e)Put in place appropriate prevention and rehabilitation action plans and supervise their implementation.

(f)Coordinate with relevant ministries that work with juveniles and the NGOs that are adopted by the Ministry of Justice.

(c)Directorate general of internal security forces - Ministry of interiorand municipalities

(i)Assistant judiciary police

516.Its members, with regard to juveniles, represent for them the first contact with the authorities, through the preliminary investigation for those in conflict with the penal law, and through hearings for those victims. The main duties are the following:

(a)Compulsory notification of the social representative for attending juvenile interrogation, it is not permissible to start the process unless social representative is present.

(b)Refraining from subjecting juveniles to violence, threat, insult, and harm before during and after interrogations.

(c)Safeguarding the secrecy of investigations.

(ii)Prisons police

517.The prison police in the Internal Security Forces seeks to insure suitable circumstances for arrested and sentenced juveniles that enable them to build a better life whenever released. Their main duties include the following:

(a)Adopting rehabilitation programs aiming at awareness raising, educating, and providing vocational training for juveniles in collaboration with NGOs.

(b)Insuring humane living conditions that are adequate and respectful at arrest places.

(c)Seeking to separate juveniles from adults.

518.In spite of the above mentioned procedures, the presence of male children at the Juvenile suite at Roumieh prison is considered as an infringement to the spirit of the Convention on the Rights of the Child and the best interest of juveniles that should stay instead at a rehabilitation and reform center. In addition NGOs are advocating for the necessity of establishing a special juvenile police, the majority of its members would be women.

(d)The Judiciary assistance committee at the syndicate of lawyers

519.It is concerned with insuring the right of defending all the juveniles that do not have the financial abilities to assign a lawyer, or whose parents did not assign a lawyer to defend them whether intentionally or due to ignorance or indifference or due to their absence (death, presence in another country). (Refer to table 7 Appendix 6).

8-3-2-2 NGOs and institutions that are active in the field of juvenile in conflict with the law or at risk

520.NGOs provide special services for juveniles in conflict with the penal law or at risk (males and females). It is to be noted that only one specialized organization holds the responsibility of judicial follow up, legal protection, rehabilitation, and correction. While the other organizations work on the rehabilitation programs, care, and vocational training at their centers.

8-3-3 Rehabilitation programs, training activities and future projects and plans

8-3-3-1 Training activities for workers juveniles

521.Since 1999 the United Nations Office for International Prevention from Crime and with the cooperation of Ministry of Justice- Juvenile Department, Ministry of Interior and Municipalities-Interior Security Forces and Saint Joseph University organized a number of training workshops and specialized courses and lectures about juvenile justice, and alternative educational measures, international laws and methods for dealing with juveniles in the context of preliminary investigation, and in prisons. These training activities targeted police officers and members of internal security forces, judges, lawyers and social workers (Refer to Appendix 7).

8-3-2-2 Juvenile suite at Roumieh prison

522.The distribution of juveniles in conflict with the penal law at the juvenile suite at Roumieh prison (Refer to table 8 in Appendix 6).

Table 9

The rehabilitation programs and insured services

Rehabilitation programs	Type of services	Targeted group (objectives)
Educational	Illiteracy elimination, schooling support, foreign languages, and computer	Juveniles according to their educational level
Vocational	Vocational training, production factories	Courses in electrical installation, barbering, and hair dressing, Car mechanics and blacksmith - Leather-Wood-Agriculture
Cultural	Library and groups for personality support	Discussion of social, legal, behavioral, and cultural topics with the juveniles
Recreational	Sports, movies, parties	Sports once per week - watching recreational video films, and organization of four annual parties (cultural, sports, recreational)

Source: reception booklet “my Rights and Duties” administration of juvenile suite at Roumieh prison, UNODCCP.

Table 10

Follow-up and care programs

Program	Implementing party	Target groups	Type of service and frequency
Legal follow up	Social office	Arrested and sentenced juveniles	- Reports on the situation of juveniles and release requests- Reports to court the and requests for amending penalties
Health follow up	Medical Department	All juveniles	- Medical exams for tuberculosis and AIDS (within the first 24 hours of arrival of juveniles)- Medical exams up for sick juveniles (twice weekly)- Provision of Medication from the Medical center (or parents)
Daily organization	- Trips - parental visits - cleanliness	All Juveniles	- Outings three times weekly- Four times weekly (face to face meeting)- Daily
Entrance organization	Reception- supervision- referral	All Juveniles	- Filling up a checklist by the social workerAs a result of supervision the juveniles are directed to the rehabilitation programs

Source: reception booklet “my Rights and Duties” administration of juvenile suite at Roumieh prison, UNODCCP.

8-3-3-3 Reform institute

523.The reform institute receives juveniles who are in conflict with the law, the arrested, and those who are sentenced , aged between 12 and 18 years. The ongoing available programs are as follows:

(a)Vocational program: Electricity, carpentry, sewing, and cooking.

(b)Sports: Physical education, volley ball, basket ball, foot ball, and dance sports.

(c)Educational: Illiteracy elimination.

(d)Cultural programs: Library, discussion sessions, and personality support.

(e)Social follow up with parents and juveniles.

(f)Visits and trips and summer camps.

Protocol of agreement between the ministry of justice and the center for international crime prevention

524.The United Nations Office for International Crime Prevention and in coordination with the Ministry of Justice prepared a project aiming at technical assistance for reorganization of juvenile justice “ Support to the Juvenile justice System in Lebanon”. The project will pursue the strengthening of the institutional capacities in the field of juvenile justice, focusing in particular on the rehabilitation of minors in conflict with the law and the judicial protection for minors victims or in danger. The project activities will be implemented through a tripartite action plan:

(a)Updating of laws pertaining to juvenile justice.

(b)Establishing and enacting activities of the juvenile department.

(c)Assigning workers in the field of juvenile justice (judges, social workers, educators, prison department personnel).

(d)Contributing to the design of the juvenile reform institute in compliance with the adopted criteria by the United Nations in the field of rehabilitation and discipline.

525.When the three year plan was accomplished a new complementary project was launched and included:

(a)Phase I: Strengthening institutional capacities pertaining to minor girls in conflict with the penal laws (Nov. 2002- Oct. 2003). (Refer to table 9 appendix 6).

(b)Phase II:The practical framework for juvenile legal protection.

Prevention of recidivism: following up the social reintegration of juveniles.(Oct. 2004- Dec. 2004).

8-3-4 Administrative and legislative measures for monitoring infringements

526.Until the present date Lebanon did not adopt a clear mechanism for monitoring infringements on children rights in general, however the juvenile department at the Ministry of Justice is presently undertaking the follow up of incoming complaints and especially those relating to prosecution, arrest, and trial procedures, and the referral of such complaints to relevant authorities. In addition, the new law No 422 specified the duties of “the Union for the Protection of Juveniles in Lebanon Association” through their respective social representatives, to follow up the complaints or cases that are incoming through NGOs and specialized courts, within the relevant working mechanism of the association.

8-3-5 Analysis of statistical data

527.Most of the juveniles who undergone trials in the juvenile courts that are distributed in the six governorates are males with a discrepancy in the rates in accordance to governorates and years. The data revealed a decreased number in other courts, and absence of cases in the military judicial system. (Refer to table 1 in Appendix 6).

528.Most of the juveniles who undergone trials are Lebanese followed by the Syrian and then the Palestinian and the number is increasing through out the years. (The Lebanese juveniles represented 49.5% in 1999 and increased to 55.1% in 2000, while in 2001 the percentage went up to 67.3%, and 64.4% in 2002 respectively) This shows an increasing trend in juveniles crimes. (See table 2 Appendix 6).

529.It is worth mentioning that most of committed crimes by juveniles, whereby they were referred to courts are categorized “theft and described theft) (40.2% in 1999- 39.3% in 2000- 31.7% in 2001- 25.5% in 2002) followed by infractions, forgery and harm and then the rates decrease for murder, rape and decent acts respectively, (2.1% in 1999- 1.8% in 2000- 1% in 2001- and 1.2% in 2002). (See table 3, Appendix 6).

530.Most of the measures that were issued by juvenile courts in that past few years, were in accordance with Legislative Decree No 119/83. The measures were related to protection, reform, social supervision, fines and imprisonment. In 1999 the rate of imprisonment represented 5.33%, out of which 11.8%, the sanction did not exceed two months. While the rate of the non freedom depriving measures (fines, protection, reform, social supervision, and innocence) represented 51.90%, this change can be observed when analyzing the trends for the following years, and especially for 2002, when the Law No 422 was enacted, whereby the non freedom depriving measures: blame, fines, social supervision, innocence and release to parents; represented 62.7% in comparison to 20.8% for imprisonment. (refer to table 4 Appendix 6).

531.Table 11 in Appendix 5, revealed that the highest rate of juveniles (61.5% in 1999, 65.8% in 2000, 86.7% 2001, and 88% 2002), committed crimes when they below the age of 18 especially with the ages group 15-18. (54.6% in 1999, 58.6% in 2000, 57.2% in 2001, and 78.7% in 2002) As related to ages 19-30 the results revealed that some juveniles in the age group 19-30 (16.2% in 1999, 15.3% in 2000, 13.3% in 2001, 12% in 2002) are still undergoing trials for crimes committed before reaching adulthood, before the juvenile courts, this indicates to what extent the Lebanese judiciary system is slow in issuing sentences due to the shortage in the number of judges.

532.In addition, table 6 revealed that the lowest percentage of juveniles when arrested (0.9% in 1999, 1% in 2000, 18.7% in 2001, 19.5% in 2002) were recidivist, meaning repeating the crime in comparison to those arrested for the first time, this reflects the feasibility of educational preventive measures that were issued for juveniles.

8-3-6 Description of cases of juveniles in conflict with the penal law

533.In 1999, the average time taken to give a sentence in a file is about 235 days. The average time between the committed act and the initiation of the court process is 849 for offence and 922 for felony.

534.In 2000 the average time taken to give a sentence in a file is about 622.2 days. Average time between the committed act and initiation of the court process is 207 for offence and 606 for felony.

535.In 2001 the average time taken to give a sentence in a file is about 135 days. The average time between the committed act and initiation of the court process is 211 for offence and 579 for felony.

536.In 2002 the average time taken to give a sentence in a file is about 219 days. The average time between the committed act and initiation of the court process is 197 for offence and 681 for felony.

8-4 Child Labor

8-4-1Introduction

537.The problem of child labor, has received extensive attention in the last few year, and on various levels; governmental, non governmental, and international organizations. This added awareness was reflected in targeted efforts that encompassed several issues leading to the reduction of this problem, mainly:

(a)Rendered legislations and statutory laws related to child labor, compatible with ratified international conventions and protocols.

(b)Took appropriate measures and implementing health, social and educational programs that lead to the ongoing elimination of child labor as well as withdrawing working children form the worst forms of child labor and as earliest as possible.

(c)Conducted scientific studies to identify the characteristics of the problem, its dimensions and causes.

(d)Organized and followed-up local and international conferences and workshops in order to remedy the problem, find solutions and undertake appropriate measures.

(e)Trained relevant personnel concerned with child labor issues, namely work, health and social security inspectors, and internal security forces and civil defense.

8-4-2Legislative measures and ratification of Arab and international conventions on child labor (1998-2003)

538.The Lebanese legislation pertaining to child labor has undergone tremendous positive developments, although many gaps remain present concerning the level of implementation. The ratification by the Lebanese government of pertinent ILO conventions and Arab conventions, has surely impacted the abovementioned positive developments.

539.Lebanon ratified ILO convention 136 pertaining to prevention of intoxication hazards resulting from benzene, on 25/10/1999. Accordingly, the government has undertaken various technical measures that ensure effective protection of exposed workers to benzene and its byproducts, whereby infractions by employers are closely monitored by the inspection department at the Ministry of Labor. In case of employment of youth under 18 of years, which is considered an infringement of the convention’s articles, and in cases where the child is not withdrawn from work within 19 days from the capture process, the infraction will be referred to the general prosecutor.

540.In addition, Lebanon ratified ILO Convention No. 182 and approved the application of Recommendation 190 in conjunction with it on 2/8/2001, concerning the prohibition and immediate action for the elimination of the worst forms of child labor, in addition to identification of types of hazardous works that damage health, safety and moral behavior of children as well as location….

541.Lebanon ratified ILO Convention No 138 on 5/6/2002 that fixes the minimum age for child labor, whereby the minimum set age shouldn’t be lower than the age required to complete compulsory education, and in all cases it shouldn’t be lower than 15 years….

542.Lebanon also signed two Arab Labor Conventions No 1 and No 18, dated 24/5/ 2000 pertaining to delimiting the work conditions of children that didn’t reached 12 years of age, and child labor as addressed in ILO conventions, respectively.

543.Concerning Lebanese legislations, and subsequent to issuing of Law number 536 dated 24/7/1996, regarding amendments of articles 21, 22 and 23 of labor law, Decree 700 was issued dated 25/5/1999, that prohibited employment of children who didn’t complete 16 or 17 years of age in hazardous works, that constitute a danger to life, health and morals due to their surrounding circumstances. A list of hazardous works was annexed to the Decree according to danger on life, health and morals and psychological effect. Moreover, Article 23 was amended during the same year on 4/6/1999, whereby limiting working hours to 6 hours for those below 18 years of age, and according them a rest period, that shouldn’t be less than 13 consecutive hours between 2 working shifts, in addition to yearly vacation that shouldn’t be less than 21 fully paid days, and prohibiting in an absolute manner, assigning overtime work to youth, or making them work during their daily and weekly rest periods, or during holidays and occasions, during which the institution gets closed. Furthermore forbidding night employment from 7 in the evening until 7 in the morning. Article 25 of the Labor law was also amended, whereby canceling the paragraph regarding work exploitation of children by philanthropic institutions. Decree number 3273 was issued on 26/6/2000 pertaining to work inspection.

8-4-2-1The sanctions law

544.Decree number 3273 dated 26/6/2000, delegated to the Work Inspection Prevention and Safety personnel at the Ministry of Labor, the task of supervising the enactment of all the laws and decrees and regulations pertaining to work conditions and circumstances, and protection of employees during the performance of their job, including the provisions of international labor conventions, especially that ILO Conventions No 182 and 138 clearly indicated the imposition of adequate sanctions. The assigned personnel were given the authority to control infractions of the provisions of the Labor Law and relevant implementation documents. The issued notifications are considered legal proofs unless proven otherwise. However it is noticeable that the number of work inspectors is still insufficient, and the inspection team is not activated at the Ministry. In addition, non registered professions remain outside the scope of work inspection.

545.It is to be noted that in spite of the fact that the imposed fine on each infraction of the Labor law was multiplied in value by 25 times according to the issued Law number 173 dated 14/2/2000, the ratification of the ILO convention No 182, will still require a thorough review of the sanctions that are imposed in the enacted Laws in order to ensure their effectiveness, whereby constituting a real hindrance to those committing the relevant infractions of the laws’ provisions, as well as the provisions of the labor law and other ratified Arab and international instruments.

8-4-2-2Labor law amendment project

546.The Ministry of Labor established a tripartite committee, encompassing governmental sectors, employers, and employees in accordance with the Ministerial Decision number 3/1 dated 11/1/2001, that was assigned the task of studying and amending the Labor Law and the proposed Law presented by the deputy Ayoub Hmayed on the 14/11/2000 (committee for legislative updating). Subsequently the Ministry achieved in collaboration with various partners and stakeholders concerned with child labor, in the public sector and NGOs, a labor law amendment project law, that was referred to the Council of Ministers on May 2002, as pre-requisite step for referral to the Parliament for endorsement.

547.This recent project, introduced, several up to date amendments on the present legal texts that govern child labor. All amendments will ensue to the protection of children rights, health and safety in work, according to Arab and international work standards, especially ILO Conventions No 138 and No 182 and Recommendation No 190 concerning the worst forms of child labor, and the Arab Convention No 18 relating to youth labor.

548.The main amendments proposed by the project are as follows:

(a)The minimum age for child labor: a proposal for raising the minimum age from 13 years to 15 years of age, in compliance with ILO convention No 138, in order for the minimum age for child labor not to be less than the age for completing primary compulsory education.

(b)Maximum number of permitted working hours: the prohibition of employment of youth (below 18 years of age), for more than 6 hours per day, in addition to one hour break in case of work shifts that exceed 4 consecutive hours.

(c)How the work is executed and its special conditions (Medical exams, breaks, holidays, appropriate pay that is proportional to the working hours and type of work….): Emphasizing the prohibition of employing youth before performing a thorough medical exam that certifies the fitness for performing the requested work, in addition to a yearly exam that would ensure effective surveillance of the health status of youth regarding the hazards incurred through their profession, and developments in comparison with initial exams. It set pre-requisite conditions to conduct repetitive medical exams for fitness of performing certain professions that entail extensive health hazards until the youth reaches 21 years of age.

(d)Proposal of an article that imposes on employers, the training of young workers, under their employment, on safety and occupational health methods, as well as supervising their implementation and ensuring that the youth are benefiting form the applied methods.

(e)Suggestion of an article that requires the employer to declare young workers to National Social Security Fund..

(f)Suggestion of various articles pertaining to minimal wage, and compatibility of pay with working hours and type of work.

8-4-3Administrative, social and educational measures to protect children fromeconomic exploitation on the public, civil society and international level

549.Many programs were implemented, aiming at combating child labor; whether on the governmental level through relevant ministries, or on the civil society level. Moreover collaboration and coordination is underway between the local stakeholders and international organizations within the framework of undertaken programs and strategies aimed at the gradual elimination of child labor.

8-4-3-1The governmental role in combating child labor

(a)Ministry of Labor

550.Subsequent to the publishing of the national report on the situation of working children and the national conference on child labor in Beirut in 1998 and the launching of the national strategy for the elimination of child labor, that were organized by the Ministry of Labor in collaboration with ILO; The Ministry of Labor invited ILO-IPEC to undertake the implementation of the project for the elimination of child labor. Accordingly the Ministry established a committee for that purpose, based on the Ministerial Decision No 13/1 dated 11/2/1998, encompassing members from all relevant Ministries, the Higher Council for Childhood, NGOs, Employers and Workers organizations, aiming at providing consultancies for the government concerning child labor policy, and monitoring implementation of the action plan for the elimination of child labor that was set out in 1997.

551.During 2000, a Memorandum of Agreement was signed between the Lebanese government and ILO, based on cooperation for the promotion of circumstances that empower the government for preventing, limiting and regulating child labor and gradually leading to its drastic elimination. In compliance with the Memorandum articles, the Minister of Labor established, based on the Ministerial Decision No 55/1 dated 4/5/2001, a committee that was assigned the task of planning and preparing projects, programs and plans and following-up their implementation, aiming at promoting the conditions that would enable the government to implement the content of the Memorandum, in coordination with ILO, and IPEC, the latter being the program that is directly concerned with the elimination of child labor, as well as in collaboration with other international specialized organizations and local NGOs.

552.The Ministry of labor organized in collaboration with ILO-IPEC several conferences and training workshops aiming at awareness raising and capacity building of the Ministry’s personnel that are entrusted with the task of implementing the Laws pertaining to child labor and the management of the unit for combating child labor; that was established in November 2001 in collaboration with IPEC. The Minister of Labor assigned a coordinator and an assistant for managing the unit. The unit’s personnel as well as other six employees from the Ministry including work inspectors, engineers and doctors participated in several training workshops.

553.The Ministry of Labor, proposes amendments, through constant efforts aimed at adapting the labor law in compliance with international labor conventions that are ratified by Lebanon. Consequently, a proposal for amending the child labor law ensued in 2002. It is to be noted that the Ministry established a committee for enacting the working disabled rights according to Decree No 7603 issued on 12/3/2002.

554.Moreover the Ministry performs a monitoring role, by inspecting the implementation of the labor law, through the inspection department for occupational prevention, health and safety. Administrative and technical inspectors from the Ministry undertake inspection and investigation endeavors concerning occupational conditions of working children and their withdrawal from the worst forms of child labor in coordination with relevant stakeholders (Ministry of Social Affairs, Ministry of Education and Higher Education, NGOs, ….) aiming at finding appropriate alternatives, adequate for each child. Accordingly training workshops were organized for work inspectors, social workers, internal and general security forces (refer to paragraph on the most important conferences and training workshops on child labor).

555.The Ministry works through the department of investigations and labor cases on investigating any complaints that are forwarded to the department concerning child labor. Whenever the complaints are validated, work inspectors are requested to document the infraction based on the enforced laws.

556.The Ministry undertakes through the department of vocational training, the relevant training for working children (above 14 years of age). Trainings are organized at the National Center for Vocational Training at both Dekwaneh and Hadath branches. Each training cycle extends over 6 months in several specializations namely: Car mechanics and electrical works , electronics, general electricity, heating and cooling, sanitary works, computer….

557.In addition to mobile training through 3 equipped trailers that travel to remote rural areas. The number of trainees reached 1070 working children, including those trained at the centers and trailers during the period 1998-2001.

(b)The Ministry of education and higher education

558.The Ministry’s programs focused on dealing with child labor from an educational perspective. The programs included the following:

(a)Adopting Preventive solutions, through development of curricula and updating of teaching methods.

(b)Addressing the issue of drop-out and learning difficulties, through an evaluation system and modern examinations.

(c)Undertaking a series of measures aiming at increasing enrollment of children and promoting school completion.

(d)Organizing rapid vocational training in collaboration with UNICEF and the World Bank.

(e)Planning of the Education For All project, the project that the government had previously committed to achieve it, however it wasn’t formulated into a national action plan.

(c)Ministry of interior and municipalities

559.The main intervention of the ministry for eliminating child labor, is based on withdrawing working children from the streets by the internal security forces, and referral to police stations as a preliminary step and subsequently to specialized NGOs, according to the articles of juvenile in conflict with the law protection Law No 422, and based on the administrative memos that are issued by the governors concerning complaints on increasing number of beggars and vagabonding children in specific places. Training was organized for internal security forces and civil defense on methods for intervening with street children. The work of the Ministry in that respect has positively developed subsequent to the signing of an executive agreement between the Ministry and IPEC.

(d)Ministry of Social Affairs

560.The Ministry of Social Affairs addresses the problem of child labor by implementing various programs mainly:

(a)School re-enrollment programs at the Ministry’s development services centers that are distributed in all Lebanese regions, aiming at preventing early employment of children who drop out of school.

(b)Literacy programs for working children, that are implemented by the National Literacy Committee at the Ministry through development services centers in collaboration with relevant NGOs. The number of working children (14-18 years), benefiting form literacy training reached 710 for the period 1999-2003. In addition the National Literacy Committee organized 6 training workshops on methods and techniques for literacy training. The number of trained teachers reached 167 for the period 1999-2002.

(c)Rapid vocational training programs (refer to protocol of agreement between the Ministry of Social Affairs and UNICEF).

(e)National Employment Institution

561.The National Employment Institution provides training for those between 14 to 20 years of age. It targets marginalized groups, especially those who dropped out of school. The institution has contractual agreements with approximately 29 private institutions, specialized in accelerated vocational training.

562.The following table includes the number of trainees who received accelerated condensed vocational training in the last 5 years. It is noteworthy that the majority of targeted groups, are below 18 years of age:

Table 11

Number of trainees

Year	Number of trainees financially covered by The National Employment Institution	Number of traineesfinancially covered by the private institution	Total
2003	1558	690	2248
2002	1440	656	2096
2001	949	727	1676
2000	No training was implemented for lack of funding
1999	1275	847	2122
1998	882	473	1355
Total	6104	3393	9497

8-4-3-2NGOs’ selected programs

563.Certain NGOs in Beirut and the regions, implement a number of preventive programs aimed at preventing child labor, including educational programs characterized by a teaching, guidance and prevention curricula, based on simple methods for conveying information, which is different than the traditional formal way, and is customized according to the target groups. In addition NGOs provide vocational guidance, both theoretical and practical.

564.It is worth mentioning that the targeted children (7-16 years of age), are usually normal relating to their mental capabilities, however they suffer from evident difficulties pertaining to reading and writing skills, assimilation of mathematical formulas, due to a various factors including their living background, social and school issues that impacted on their learning achievements and limited their educational receptiveness, especially that they belong to marginalized and poor groups in society.

565.Accelerated vocational training programs were implemented in the south, whereby several workshops were organized, depending on the trainees levels and their personal choices for those in the age group 9-18 years, who didn’t pursue their education due to subjective and objective reasons as well as various socio- economic conditions.

566.The number of beneficiaries reached 183 children during the period 1999-2001. The training programs encompassed supporting programs, namely social and family follow-up, school enhancement programs, as well as promoting literacy programs.

8-4-3-3Protocols and programs of cooperation between international organizations and the Lebanese government

(a)Protocol of Agreement between the Ministry of Social Affairs and UNICEF (2002-2006)

567.The Protocol covers 4 main projects, including one project pertaining to child labor. A specialized team from the Higher Council of Childhood secretariat was assigned the task of technical supervision of implementation.

568.The main outputs of the child labor project in the abovementioned framework are as follows:

(a)Preparation of an analytical study on child labor in collaboration with the Ministry of Social Affairs and UNICEF, based on the data that was made available by the national study on “ the State of Children in Lebanon 2000”, that was compiled previously by UNICEF and the Central Administration of Statistics. The study provided a database for formulating national strategies and relevant action plans.

(b)Publication of special materials for teaching writing and reading and mathematical operations for the age group (10-18 years), namely learning for life book, exercise book, and teachers’ guide, in collaboration with the National Literacy Committee at the Ministry of Social Affairs and UNICEF.

(c)Capacity building of personnel at the Ministry and NGOs for undertaking reading classes for children using the abovementioned published materials, in collaboration with the National Literacy Committee at the Ministry of Social Affairs and UNICEF.

(d)Organizing accelerated vocational training in the most needy regions, and following-up of children who participated in the workshops, in collaboration with UNICEF, the Higher Council for Childhood, and development services centers at the Ministry, in addition to other stakeholders involved in the program of cooperation, such as NGOs, municipalities, Ministry of Education and Higher Education, the Directorate of Vocational and Technical Education and the private sector. It is to be noted that this project was successful in respect to involving non traditional sectors for addressing the child labor issue, especially municipalities that became a major partner and leader in the project in certain regions, and the private sector that contributed to funding parts of the project. The project was implemented through committees that were established in the region in order to support it and make it achieve its objectives successfully. The vocational training includes several specializations that are attended by children I the afternoon, according to their relevant occupation, and that amount to 700 hours per specialization. Concurrently children receive life skills training within a social rehabilitation program, covering topics related to children rights, labor law, health, civic education. Graduate trainees receive at the completion of the workshops a formal vocational certificate from the Directorate of Vocational and Technical education. The various partners to the program of cooperation are actively seeking to develop and improve the quality of the accelerated vocational training for working children and enhancing its level so that it becomes more appropriate to the labor market demand. Accelerated vocational training workshops were implemented in the North and Bekaa regions, in the most underserved areas. The number of beneficiaries reached 1327 children during 1998-2003.

(e)A special program “Nurse Aid”, was implemented, targeting school drop out girls, belonging to the age group 15-18 years in collaboration with the Ministry of Public Health and the Directorate of Vocational and Technical education. The number of trained girls reached 1374.

(b)ILO-International Program for the Elimination of Child Labor (IPEC)

569.A Memorandum of Agreement was signed between the Lebanese government and IPEC in June 2000. The program included the implementation of pilot projects with various stakeholders in Lebanon, encompassing governmental and non-governmental partners. The six main projects are as follows:

(i)The establishment of a child labor unit at the Ministry of Labor and enhancing the role of the Ministry as a coordinator for all activities aiming at eliminating child labor

570.The main achievements of the child labor unit with the Ministry of labor:

(a)Developed legislations in compliance with International Conventions.

(b)Advocated for the ratification of both ILO Conventions pertaining to child labor No 182 and No 138. And effectively they were recently ratified.

(c)Organized and participated in awareness raising campaigns on the importance of eliminating child labor.

(d)Organized seminars and conferences relating to child labor.

(e)Put in place practical methods for coordinating various IPEC implemented projects as well as other international organizations.

(f)Supervised the compilation of study on child labor in Lebanon and proposed legislative and practical measures, that were presented to other governmental and non-governmental bodies.

(g)Established a child labor database.

(h)Established a child labor library.

(i)Established a website on the internet relating to child labor.

(ii)Ministry of Education and Higher Education project for improving the educational situation of working children attending schools, and preventing their dropping out

571.The project included the following activities:

(a)Conducting a study on the correlation between child labor and the educational situation.

(b)Organization of a training workshop for trainers and counselors at the Ministry on methods for addressing child labor and preventing drop-outs (training of 30 personnel).

(c)Subsequent in service training conducted by the 30 trainers in the different Lebanese regions.

(d)The establishment of a specialized guidance and counseling center at a selected school for referral of cases that need specialized attention.

(iii)The Nabatieh project in collaboration with the Ministry of Education and Higher Education

572.The project was based on establishing a specialized center for “the Prevention and Protection of children from the worst forms of child labor” at the Nabatieh Governorate. The project aims at protecting children and securing their rights, as well as at social and educational rehabilitation of working children, in pursuit of the gradual elimination of child labor. During the period extending from March 2002 until the present date, the center undertook numerous activities and provided diverse services, in collaboration with a joint committee including members from the development services centers of the Ministry of Social Affairs at Nabatieh, as well as members representing 10 active organizations at the governorate level. The center organized training workshops for social workers in the respective organizations (public and private sectors), within the Nabatieh region.

(iv)Ministry of interior and municipalities project for combating working street children

573.The project included the following:

(a)Establishing and capacity building of unit for combating working street child labor.

(b)Training of trainers of Internal Security Forces, Civil Defense and Municipality police, in order to train other groups on methods of dealing with working street children, as well as methods for their legal and procedural referral to specialized organizations (relevant Ministries, Income generating opportunities for parents,….).

(c)Setting up a joint monitoring team from the Ministry of Interior and other relevant stakeholders, encompassing social specialists from the Ministry of Social Affairs and NGOs aiming at preventing street child labor, and referral of working children to specialized institutions based on their respective needs.

(d)Public awareness raising on child labor issues and ways to protect working children and reduce the extent of their exploitation. A television advertisement was produced in that framework.

(e)Training of Governors on the effective enactment of national legislations and international labor standards, and prevention methods.

(f)Conducting a comprehensive study on working street children, which is a the first ever study on that level.

It is to be noted that the various activities are still in need of additional promotion and follow-up.

(v)Lebanese Industrialists Association project

574.The project included the following:

(a)Conducting studies on the situation of working children and their families within the sectors of shoes and clothes industries at Beirut southern, northern and eastern suburbs.

(b)Establishing an information unit on child labor within the industrials association.

(c)Collecting data on working children that are probably working in certain factories and undertaking appropriate measures to assist them.

(d)Organizing awareness conferences for industrials in various industries on occupational hazards incurred by working children.

(e)Publishing of a booklet aiming at awareness raising of industrial businessman on the consequences and impact of child labor on the economy and future of the country.

(vi)Borj-Hammoud, Sin el-Fil and Nabaa project

575.It is to be noted that child labor and especially worst forms of child labor. are predominant in the abovementioned areas. Beneficiaries are 1500 children and their respective families. The project was implemented by a Coordination Committee, including 22 NGOs, and Sin el-Fil Development services center of the Ministry of Social Affairs, in addition to a steering committee including the same members as well members from the Ministry of Labor. The project includes several activities as follows:

(a)Data collection about working children and at risk of dropping out of school.

(b)Training of 20 social worker from the respective partner organizations on adequate means of dealing with working children and assisting them through the organizations’ services, or referring them to other institutions.

(c)Ensuring access to health services including medical consultations and surveillance for working children.

(d)Provision of educational enhancement classes for children at risk of school failure and drop out.

(e)Establishment of a rehabilitation center for female working children aiming at their protection from sexual exploitation.

(f)Vocational and professional guidance programs.

(g)Finding job opportunities for the families of working children through small income generation projects and the relevant management training.

576.It is worth mentioning that a new center for reducing child labor was inaugurated in Tripoli in the North of Lebanon in 2003. In addition to other projects for combating child labor that were implemented in collaboration with the General Labor Union, at Bab El-Tabaneh area in the North, Ain El- Helweh in the South; in the framework of the Memorandum of agreement between the Lebanese government and IPEC.

8-4-4Constraints in dealing with child labor

577.The main constraints are the following:

(a)The high failure percentage in certain educational levels, and the correlation with school drop out at a young age and early child labor;

(b)Unavailability of sufficient places in a number of schools in the cities, the suburbs of the capital and certain villages;

(c)The delay in implementing free and compulsory education that was endorsed in 1998;

(d)The increasing poverty levels and its direct impact on child labor;

(e)The increasing unemployment rate;

(f)Inexistence of social safety nets;

(g)Disparity in equitable development in the various regions.

8-4-5Major conferences, seminars, training workshops on child labor 1998-2002

578.The Ministry of Labor undertook in collaboration with ILO-IPEC, the implementation of conferences, seminars, and training workshops, aimed at awareness raising and highlighting the issue of child labor hazards and capacity building of relevant personnel assigned the task of dealing with child labor (refer to annex 8).

8-4-6Child labor statistics

8-4-6-1 Introduction

579.During the period 1998 to 2002, several statistical, analytical, qualitative and legal studies were prepared, relating to child labor in Lebanon. However “the State of Children in Lebanon, 2000” and the respective “ Child Labor in Lebanon 2000” (analysis of data made available by the first study), that were published by the Central Administration of Statistics in collaboration with UNICEF, will be the main source for statistics in the paragraphs that will follow.

580.“The State of Children in Lebanon, 2000”, showed that working children constitute 13.1% of children in the age group 10-18 years. It is to be noted that the study for the first time covered the situation of children in the age group 5-9. The main findings are as follows:

(a)Among children in the age group 5-9 years, 69.5% go to school, whereas 29.5 are in the preschool age. The percentage of out of school children is 0.8%, they are not in the labor market, thus it could be concluded that they are either sick, disabled or contribute to domestic work or production. It is to be noted that 53.9% of those who didn’t go to school attributed the reason to high cost of education, and 38.5 % to sickness or disability. Whereas children abandoned going to school within this age group due financial reasons;

(b)4.6% help their family in their work. 67.5% work for less than 4 hours per day, and 6.8% work for 4 hours and more per day, which negatively affects their physical development and educational achievement, and the rest is unspecified;

(c)56.1% of children have no health insurance coverage, 21% benefit from the Social Security Fund, 10.6% from the health insurance of armed forces (army and internal security), 2.8% from the Employees’ Health Cooperative Fund, and 4.8% from private insurance.

It is to be noted that the study didn’t consider children that perform paid labor for their families in the age group 5-9 as part of the labor market. The same principle was applied to the remaining age groups.

581.Here below 11 tables (tables 12-22) present statistics pertaining to child labor, according to geographical distribution, gender, nationality, educational level, health insurance and type of work for the age groups 10-14 years and 15-18 years respectively:

8-4-6-2 Geographical distribution

Table 12

Percentage distribution of working children 10-14 according to governorate

Governorate	Work status
Working %	Other %	Total %
Beirut	1.3	98.7	100
Mount Lebanon	1.3	98.7	100
North	3.3	96.7	100
Bekaa	1.7	98.3	100
South	1.0	99.0	100
Total	1.8	98.2	100

582.The table shows that there are regional differences in relation to the distribution of working children, the highest percentage is in the North reaching 3.3% followed by the Bekaa 1.7%, Beirut 1.3%, Mount Lebanon 1.3% and in the South 1.0% the lowest for the age group 10-14 years.

Table 13

Percentage distribution of working children 15-18 according to governorate

Governorate	Work status
Working %	Other %	Total %
Beirut	7.3	92.7	100
Mount Lebanon	9.2	90.8	100
North	14.9	85.1	100
Bekaa	10.4	89.6	100
South	12.9	87.1	100
Total	11.3	88.7	100

583.The table shows that there are regional differences in relation to the distribution of working children, the highest percentage is in the North reaching 14.9% followed by the South 12.9%, Bekaa 10.4%, Mount Lebanon 9.2% and Beirut 7.3% the lowest for the age group 15-18 years.

8-4-6-3 Gender distribution

Table 14

Percentage distribution of working children by gender

Age	Gender	Total %
Male %	Female %
10-14	90.3	9.7	100
15-18	87.2	12.8	100

584.The percentage of females working children is higher for the age group (15-18 years), reaching 12.8% than that for the age group (10-14 years), reaching 9.7%. It is the opposite for male where the higher percentage is for the age group (10-14 years) reaching 90.3% and for the age group (15-18) reaching 87.2%. The reason could be attributed to the high rate of school drop out that starts at 10 years of age and increases until 14 years. In addition child labor is more predominant for males in both age groups.

8-4-6-4 Nationality

Table 15

Percentage distribution of working children by nationality for the age group 10-14 years

Gender	Nationality %	Total
Lebanese	Arab	Other
Male	90.2	9.8	0	100
Female	100	0	0	100
Total	91.3	8.7	0	100

585.Lebanese working children constitute 91.3 % of all working children, the remaining have Arab nationalities for that age group.

Table 16

Percentage distribution of working children by nationality for the age group 15-18 years

Gender	Nationality %	Total
Lebanese	Arab	Other
Male	86.3	13.7	0	100
Female	97.5	2.5	0	100
Total	87.7	12.3	0	100

586.Lebanese working children constitute 87.7% of all working children, the remaining have Arab nationalities for that age group.

8-4-6-5 Educational level

Table 17

Percentage distribution of working children according to educational level for the age group 10-14 years

Gender	Educational level %	Total
Illiterate	Primary	Intermediate
Male	2.7	72.8	24.5	100
Female	12.7	47.0	40.2	100
Total	3.8	70.0	26.2	100

587.The table shows that 3.8% of children in that age group are illiterate and 70% have primary level education.

Table 18

Percentage distribution of working children according to educational level for the age group 15-18 years

Gender	Educational level %	Total
Illiterate	Primary	Intermediate	Secondary	University	Vocational
Male	0.8	62.8	32.0	1.0	0	3.4	100
Female	6.6	51.1	28.4	0	3.6	10.3	100
Total	1.6	61.2	31.5	0.9	0.5	4.4	100

588.The table shows that 1.6% of working children for that age group are illiterate and 61.2% have primary level education.

8-4-6-6 Health insurance

Table 19

Percentage distribution of working children according to health insurance for the age group 10-14 years

Gender	Health insurance %	Total %
Insured	Not insured
Male	92.4	7.6	100
Female	100	0	100
Total	93.3	6.7	100

589.93.3% of working children in that age group are deprived of health insurance.

Table 20

Percentage distribution of working children according to health insurance for the age group 15-18 years

Gender	Health insurance %	Total %
Insured	Not insured
Male	91.9	8.1	100
Female	66.2	33.8	100
Total	88.4	11.6	100

590.88.4 % of working children in that age group are deprived of health insurance.

8-4-6-7 Type of labor

Table 21

Distribution of working children by type of labor for the age group 10-14 years

Gender	Type of labor	Total
Artisan	Unskilled employees	Trade and service	Accountants and office worker	Skilled agricultural employees	Others
Male	53.9	12.1	25.4	1.1	5.7	4	100
Female	8.9	91.1	0	0	0	0	100
Total	48.9	20.8	22.7	1.0	5.0	6.1	100

591.The table shows that the most predominant type of labor is Artisan reaching 48.9 %, and 91.1% of female child workers are unskilled employees.

Table 22

Distribution of working children by type of labor for the age group 15-18 years

Gender	Type of labor	Total
Artisan	Unskilled employees	Trade and service	Accountants and Office worker	Skilled agricultural employees	Others
Male	64.1	16.5	10.8	0.2	1.2	7.2	100
Female	7.9	34.3	37.5	1.4	5.5	13.4	100
Total	56.5	18.9	14.3	0.4	1.8	8.1	100

592.The table shows that 56.5% of working children work as Artisan, and 18.9% as unskilled employees.

8-4-6-8 Summary of “the State of Children in Lebanon, 2000”, major findings in relationto child labor

593.The school dropout phenomenon begins at an early age in Lebanon. It accelerates under the influence of the family’s economic status and the weakness of the capacity of the educational system in retaining students. Consequently 5.2% of children aged 10-14 years are out of school, reaching 28% for children aged 15-18 years. It is to be noted that these dropouts do not all enter the workforce since a high proportion, help their parents at work or in domestic chores.

594.As far as those engaged in the workforce, their percentage rises from 0.3% for children aged 10 years to 4.5% for those aged 14 years to 15.1% at age 18 years respectively. Poverty, under its many forms (lack of desire by the child or parent, desire to learn a trade, wanting to help the family, etc…) is the main reason for dropping out of school and starting work. Accordingly, the highest rate of child labor is prevalent in the poorest regions, especially the North of Lebanon.

595.Children work in jobs predominantly trade-related. In the countryside, agricultural work predominates. The rate of work with the family rises especially for females as they also participate heavily in household chores.

596.90% of child workers are not covered by any health insurance; although the Lebanese labor law imposes on the employer the registration of child workers aged 15-18 years (14 years and older) at the National Social Security Fund after a three trial period from beginning of employment. The study didn’t tackle the issue of girls domestic jobs.

8-4-6-9 Other studies

597.A rapid assessment study on child labor was conducted in the 4 least developed districts in Lebanon, based on statistical information that was provided by the Central Administration of Statistics and UNICEF in 2000. The study covered Akar, Menieh/Dinnieh, Baalabak and Hermel districts, whereby four major qualitative aspects of child labor were emphasized in those regions mainly:

8-4-6-10 Child labor in agriculture

598.Work in this sector is seasonal, children who dropped out completely from school as well those who are still going to school, work in this sector, the majority assist their families without pay and for approximately 8 hours a day.

8-4-6-11 Child labor in crafts

599.The average age of children working in that sector is between 15-18 years, mostly school drop outs with a primary educational level. Working hours range between 6 hours to 10 or 12 hours per day for certain crafts.

8-4-6-12 Children labor in fishing

600.The majority of children work for the family, working hours exceed 8 hours per day. This profession has a negative health impact, related to respiratory system diseases that show up with age, due to cumulative exposure to cold air currents.

8-4-6-13 Child labor in rocks cutting

601.This profession is restricted to male children, and is limited to the region of Irsal in the Bekaa. The average of child workers is between 15-18 years, their number reaches 286. Working hours are 8 hours per day, excluding overtime hours that are not accounted for. Hazards related to this profession range from injury to death.

8-4-6-14 Other studies related to statistics

602.Other studies include the following:

(a)Child Labor in Tobacco Plantations in Lebanon, November 2000. ILO and “Research and Consulting Institution”;

(b)Employer Capacity Building for Eliminating the Worst Forms of Child Labor, July 2002. A rapid assessment on child labor in the clothes and shoes industries, at the Northern and Southern suburbs of Beirut, Lebanese Industrial Association and ILO;

(c)Child Labor in Lebanon, Present situation and general directives and recommendations for a national policy, December 2002. ILO and the American University of Beirut;

(d)Health Effects of Child Labor, 2003. ILO and the American University of Beirut;

(e)Child Labor and Gender, 2003. A study relating to female child labor. ILO and “Partners for Development”;

(f)Working Street Children, planned for 2004. Ministry of Interior and Municipalities and ILO;

(g)Combining Education and Work, relating to the correlation between labor and education. Planned for 2004. ILO and “Research and Consulting Institution”.

8-4-6-15 General conclusions

603.It could be surmised that no progress was achieved in reducing the number of working children, based on performed comparisons between child labor statistics provided by the Population and Housing Survey in 1996 (they were included in the previous national periodic report), and the child labor statistics made available by the “the State of Children in Lebanon, 2000”. Respectively the percentage of child labor for the age group 10-17 years, reached 8.3% in 1996, whereas it reached 13.1% for the age group 10-18 years, in 2000.

604.On the other hand, the rapid assessment study on child labor that was conducted in the 4 least developed districts, covered professions that weren’t tackled previously namely fishing and rocks cutting. However it didn’t encompass all types of child labor, especially those pertaining to females and domestic work. In addition due to the methodology of the study (rapid assessment), the selected samples and the generated statistics weren’t representative of the population of working children in those professions.

8-4-7Recommendations and future plans for dealing with the problem of child labor

605.A need arises for undertaking several necessary measures for limiting the spreading of child labor in general, and the worst forms of child labor in particular, mainly:

(a)The Endorsement of the new labor law relating to employment and work of youth (articles 18-34);

(b)The preparation of a law for the protection of working girls, below 18 years of age that perform domestic jobs;

(c)Strengthening the implementation of the provisions of the labor law through work inspectors and imposition of sanctions on institutions that exploit child labor;

(d)Establishment of a statistical and qualitative database of child labor in Lebanon;

(e)The formulation of preventive processes for school drop out, and facilitation of reinsertion of dropped out children into the educational system;

(f)Enactment of implementation decrees pertaining to free and compulsory education;

(g)Seeking to raise the age for the completion of compulsory education to 15 years, especially that the majority of working children are below this age;

(h)Building new schools in order to assimilate all children who want to enroll;

(i)Free health care for working children at all governmental hospitals and centers;

(j)The allocation of adequate funds in the general budget of the government aiming at combating child labor.

606.Regarding future plans in that respect, coordination is underway between all stakeholders involved in child labor issues, in order to put in place a national strategy based on national dialogue and participation.

8-5 Drug Abuse

8-5-1Legislative and administrative measures for child protection against illicit useof narcotic drugs and psychotropic substances

607.Subsequent to the enactment of Law No 673 dated 16/3/1998 relating to Narcotics drugs and Psychotropic Substancesand derivatives and including Articles that emphasize children protection, and the enforcement of rehabilitation and social measures in specified cases, several supporting measures ensued, namely the Memorandum Number 6/s/2003 issued by the public prosecutor office prohibiting individuals who have not reached the age of eighteen years to enter pubs and bars by night or day, and offering them alcohol in any publicly available place.

608.The Ministry of Public Health issued several Decisions including Decision No like 1/54 dated 23/1/2001 pertaining to the pre-requisite conditions that allow the patient to acquire Narcotic drugs and other Psychotropic Substances as listed in the second appendix of the Drugs Law, in addition to Decision 1/61 dated 23/1/2001 that organized the dealing procedures relevant to listed substances in the annexes to the Drugs Law.

609.In practice, and in the absence of specialized police for children that would encompass trained and specialized teams that report to relevant public authorities, the security units from the Ministry of Interior and municipalities carry out intensive patrols aiming at surveillance and, control of youth (below 18 years) from entering night clubs and issuance of infraction notices to owners of bars who permit entry of children.

610.On the other hand, the security units implement expanded campaigns to eradicate drug plantation. The year 2000 was called “year of drug eradication” since it witnessed the largest campaign of drug crops destruction in collaboration with foreign officers. Within the same context, the government maintains continuous surveillance activities of such plantations and especially during relevant seasons so as to eradicate this plantation altogether. Yet concerns still remain considering the fact that the program relating to alternative agriculture was not successful, and due to the absence of equitable development policy.

611.The Lebanese government is working actively to combat illicit drug trafficking through coordination with all security units and bodies at local, regional and international levels, that are involved in enforcing a strict supervision on individuals who use medical substances and products especially those relating to psychological diseases and are capable of producing a state of dependence and addiction. Accordingly strict procedures were put in place for dispensing

prescriptions and on sale and the inspections of prerequisite patient conditions, pharmacists procedures, and the preparation of supporting documentation and the provision of regular relevant statistics to the Ministry of Public Health.

8-5-2Governmental policies and programs for combating illicit use of drugs

612.“The National Council for Drug Affairs” was established in compliance with Article 205 of the Drug Law, and was assigned the tasks to put in place, define, and develop the national action plan and the policy of the government relating to combating drugs. This council will encompass members from relevant Ministries, Specialized Public Directorates, NGOs, and specialists. However the council has not been formed yet until the present date and numerous mechanisms that were incorporated in the Law were not enacted, including the formation of the “Committee for Drug Addiction” that requires a Decision from the Ministry of Justice in, as well as the centralized Directorate for Combating Drugs, responsible for following up crimes defined in the Law, as well as suppressing them and chasing offenders. However to date the mentioned tasks are still undertaken by the Office for Combating Drugs at the Ministry of Interior and Municipalities.

8-5-2-1 Ministry of Interior and Municipalities

613.In addition to the Ministry’s role in combating drugs, monitoring, and pursuing those wanted for justice, the Ministry launched a comprehensive extensive awareness campaign with the theme “drugs harm you and humiliate you” that was implemented through television and radio programs, and a song about drugs related dangers. Concurrently advertisements, posters and pamphlets were disseminated to schools, associations, NGOs, and places frequented by youth and sending SMS messages via the mobiles companies.

614.Also the Ministry of Interior undertook the training of a number of officers and built their capacity to subsequently present lectures and seminars at schools and universities. Moreover the Ministry collaborated with concerned NGOs and incited them to work against drug use, and assisted them and sponsored their activities in that respect.

8-5-2-2 Ministry of Public Health

615.The Ministry of Public Health, through its Drug Department, monitors the medical sector (doctors, pharmacists…) for abiding by the patient prerequisites, that should be available in order to be prescribed drugs and medical substances. Rehabilitation and treatment measures are assumed by the Ministry, whereby treatment is provided at specialized clinics adopted by the ministry and subject to hospitalization system regulations. The Ministry offers as well support and assistance to relevant NGOs involved in therapy health care provision.

616.In line with the Ministry’s policy to expand the range of its services, it has assigned a department at Beirut Governmental Hospital for the treatment of drug addicts, as well as supporting certain private sector hospital and encouraging them to provide such services. It is to be noted that the number of specialized therapeutic rehabilitation institutions for children is insufficient.

8-5-2-3 Ministry of Social Affairs

617.The Ministry supports various NGOs the NGOs that are active in the field of care and rehabilitation of drug addicts, through common contracts whereby the Ministry contributes to subsidizing the services expenses, provided by these NGOs, aiming at recovery and regaining normal life, rehabilitation and reintegration in the community.

618.In line with the Ministry’s policy aiming delinquency prevention, the Development Services Center at “Ein Rummaneh” branch- launched an awareness raising program for youth in collaboration with one of the specialized NGOs. Accordingly, alternative groups or clubs were formed for youth where they can enroll. In June 2003 the program launched a campaign with the theme, “For a Drug Free Community” that included lectures, distribution of brochures, broadcasting a song relevant to the occasion. In addition the “Youth Act” was signed, that promulgated a century free from drugs. Concurrently a listening, counseling and guidance office was also established related to the problem of addiction.

619.Furthermore, a preventive day club is being established for youth. This successful experience was considered as an exemplary model that will be subsequently generalized to all widespread Developmental Services Centers in all Lebanese regions.

8-5-2-4 Ministry of Education

620.The enactment of the new curricula for general pre-university education in November 12, 1998, included a health education curriculum encompassing the incorporation of health concepts within the education subject matters and in all the education stages. Accordingly the topics of alcohol and drug abuse were integrated under the topic “Social Diseases” as follows:

Table 23

Health education related to alcohol and drugs

Main topic	Detailed topics	Cycle	Subject matter	Year
Social diseases and physical fitness	Drugs	Secondary level	Sociologyscienceseconomics	Firstsecondthird
Alcohol	Third cycle	Sciences math French language	Ninth grade
Secondary Level	French language Sociology	First grade
Arabic language physical education	Second grade

Source: Health Education Curricula and Objectives, Pre-University Stages, Ministry of National Educational, Youth and Sports, Center of Educational Research and Development - Memorandum No 1/M dated 12/11/1998.

621.The new curricula addressed the topic of drug misuse at the beginning of the secondary level only. A review of the distribution of subject matters and relevant academic years and in comparison with the respective contents the following could be noticed:

(a)The first year of the secondary cycle includes only general information about drugs;

(b)The second year of the secondary cycle emphasized in both the literary and scientific sections, the identification of drugs, dangers, causes and prevention ways, in the sociology subject matter;

(c)The third year of the secondary cycle tackled through sciences in both sections, the types, dangers, and causes of drug misuse.

622.It is to be noted the topic of drug addiction misuse wasn’t sufficiently addressed in order to thoroughly encompass all secondary cycle educational grades, as well as the high grades of basic education. Especially that according to statistics generated by the reception office of one NGO, around 53% of addicts who visited the center in 2000 used drugs for the first time in their lives when they were between the ages of 14 and 19 compared to 44% in the year 1999. Moreover the results of a study conducted by a research institution in cooperation with the UN office for crime control and drug prevention, revealed that 8% of youth aged 15 years had previously tried drugs.

623.The education curricula addressed the Alcohol topic, during the ninth grade and first and second secondary, in addition to smoking and gambling. All these topics are considered as social diseases that threaten youngsters and youth and it they should be dealt with through targeted prevention programs and policies.

8-5-2-5 The Education and Culture Parliamentary Committee

624.The Education and Culture Parliamentary Committee launched in 2003 a national awareness campaign related to dangers of addiction and abuse. It included media programs, and a workshops that involved all relevant ministries and an internet website that was made available to the general public and especially to school and university students.

8-5-2-6 Role of NGOs in combating addiction and drug abuse

625.The activities of certain NGOs is restricted to prevention, awareness, and rehabilitation. While other NGOs receive the addicted and refer them to treatment programs and follow up depending on their cases, others receive calls and offer guidance and counseling. A study conducted, showed that the majority of these NGOs do not provide services for children. Although the problem of drug abuse has increased and statistical data has changed revealing that the average age of drug users has become lower, consequently it is becoming imperative for relevant NGOs to rethink their the rehabilitation, reintegration, awareness and prevention programs, in order to be more compatible with various age groups and the prevailing situation.

8-5-2-7 Surveillance of the impact of drug misuse on children

626.The results of a study that was conducted on a sample of university and secondary schools students (last two classes/ sample 1307 students/ within the age group 15-19) showed the following:

(a)Approximately 11% of students had tried narcotics drugs and psychotropic substance;

(b)Around 8% revealed that they had used one kind of illicit narcotics drugs for one time or more and most of them used hashish. 2.8% used Ecstasy, followed by cocaine and then heroin;

(c)One third of those who used illicit narcotics drugs and psychotropic substances for at least once mentioned that they used the drugs during 30 days before school studies;

(d)Comparing males and females in schools in relation to illicit substance use, results showed that the ration of males to females is 1.2 for illicit narcotics and 3.2 for psychotropic substances respectively;

(e)Around 6% mentioned that they bought the psychotropic substances from the pharmacies without a doctor’s prescription, and around 70% of them did not face any objection from the pharmacist. In addition, the students mentioned that the easiest type of accessible drug to attain are the analgesics followed by hashish (It is to be noted that this study was conducted before the implementation of Pharmacy Law, thus it is expected that the abovementioned percentages had decreased);

(f)Around 20% mentioned that they smoked cigarettes daily for a month or more, and half of students (around 10%) were still smoking before 30 days of joining the school;

(g)70% mentioned that they tried alcohol at least once and 10% have problems related to alcohol drinking;

(h)The average age of substance of initiation of use is between 14 and 17 years.

The study didn’t show any sequence pertaining to the start of substance use, although smoking and alcohol usually precede other substances.

8-5-3Statistical data

627.The following 3 tables provide statistics on drug crimes committed by children under 18 years.

Table 24

Drug crimes committed by children below 18 years, according to gender

Year	Crime	Cases #	Male	Female	Total
1998	Illicit Drug Use	245	16	5	21
Drug Trafficking	234	7	0	29
1999	Illicit Drug Use	244	27	2	29
Drug Trafficking	194	15	6	21
2000	Illicit Drug Use	176	27	0	30
Drug Trafficking	189	9	1	10
2001	Illicit Drug Use	337	29	3	32
Drug Trafficking	332	9	3	12
2002	Illicit Drug Use	258	13	1	14
Drug Trafficking	397	5	0	5

Source: Directorate General of Internal Security Forces- Information Department.

Table 25

Drug crimes committed by children below 18 years according to governorates

Year	1998	1999	2000	2001	2003
Use	Trafficking	Use	Trafficking	Use	Trafficking	Use	Trafficking	Use	Trafficking
Beirut	2	-	8	2	7	0	7	1	3
Mount Lebanon	6	1	2	2	5	2	14	2
North	2	-	4	1	4	0	4		4	1
South	3	1	0	1	3	1	-	3
Nabatieh	2	-	7	1	2	0	1
Beqa'a	5	1	6	5	3	4	6	2	2
Different	3	1	8	3	6	3	-	5	5	4
Total	25	4	35	15	30	10	32	14	14	5

Source: Directorate General of Internal Security Forces- Information Department.

Table 26

Drug crimes committed by children below 18 years according to profession

Profession	1998	1999	2000	2001	2002
Use	Traffic	Use	Traffic	Use	Traffic	Use	Traffic	Use	Traffic
Construction and manufacturing	7	1	4	-	2	1	2	3	-	-
Trade and services	3	2	3	1	-	-	3	-	2	-
Student	6	-	9	5	8	1	5	1	2	-
Employee in private institution	-	-	-	-	2	-	1	-	-	-
Unemployed	-	-	6	-	4	2	7	2	2	-
Laborer	2	-	2	-	5	2	3	3	3	1
Artist	-	-	-	1	-	-	-	-	-	-
Undefined	4	2	11	8	9	4	11	3	5	4
Total	22	5	25	15	30	10	32	12	14	5

Source: Directorate General of Internal Security Forces- Information Department.

628.The above tables show the following:

(a)The number of criminal cases related to children drug use is higher than the number of cases for children trafficking drugs. Moreover the increase over the years in the number of legal cases as in the year 1998 the data showed (245 cases of drug use and 234 of trafficking cases) in comparison to (258 drug use and 397 trafficking) in the year 2002. Thus the increasing number of children using drugs requires the implementation of preventive measures and procedures and youth awareness raising and guidance to other alternatives that satisfy their needs. On the other hand the reduction in trafficking cases, highlights the role of security bodies in combating illicit trafficking of drugs;

(b)The number of raised cases to the police outnumbers the individuals who committed drug crimes. This could be attributed to unavailable proofs or crime conditions or resorting to treatment and rehabilitation measures instead of legal actions;

(c)Males commit a higher number of drug-related crimes as compared to females, although the number of females is significant;

(d)When comparing the results by governorates it is noticed that there are yearly fluctuation. The highest percentage of drug use was registered in Mount Lebanon, reaching 14 cases in 2001, yet, generally speaking numbers are not very high which does not allow for clear conclusion and generalization;

(e)Regarding the professions of those committing drug crimes, it is evident that the largest number of drug use is for students followed by laborers in manual professions (construction, manufacturing…);

(f)The numbers presented in the above mentioned tables show the extent of unreliability concerning the drug issue, especially relating to reporting of the actual numbers, this is due to the prevailing social, educational, and cultural norms in society.

8-6 Sexual Exploitation and Sexual Abuse of Children

8-6-1Legislative measures for the protection of children from all forms of sexualexploitation and sexual abuse

629.The Lebanese Legislation and especially the Sanctions Law included texts for the protection of children from all forms of sexual offense, accordingly it imposed sanctions on those committing sexual crimes especially if those crimes are committed against minors (rape, seduction, ravishment, incitement to debauchery, exposition to public morals and disciplines, and minors prostitution).

630.The Lebanese legislators achieved a quality progress when they specified within the Law No 422 which is related to the protection of the youth in conflict with the law and or at risk, all children that are at risk and considered them to be endangered in the following situations: “In case of exposure to sexual abuse or physical violence that exceeds the limits that are culturally accepted as non harmful discipline.” (Article 25)(refer to chapter on the Administration of Juvenile Justice). The above-mentioned Law No 422, included eligibility of juveniles to raise lawsuits, and conferred to the judge the right to interfere in such cases (Article 26).

631.One of the major legislative achievements in that regard, was the issuance of Law No 414 dated 5/6/2002, that permitted to the Lebanese government the ratification of the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution, and Child Pornography. Whereby Lebanon officially committed to implementing the Protocol and undertaking necessary measures for its enactment.

8-6-2 Role of governmental and public bodies

632.Sexual abuse that children are exposed to is considered as one of the taboo topics that are surrounded by mystery due to the effect of the prevailing values norms and traditions. However the ratification of Lebanon of the Optional Protocol is a confident first step aimed at breaking the silence and the initiation of implementation measures and mechanisms. Consequently what would be required is a national strategy that would reflect a clear national plan of action, based on the agenda of Stockholm conference and the recommendations of Yokohama conference.

8-6-2-1 Ministry of Social Affairs

633.The role of the Ministry of Social Affairs relating to children sexual abuse is explicit through three levels mainly:

(a)Directly through the Ministry’s Development Services Centers that are widespread on all Lebanese regions, where surveillance of cases is undertaken by the centers’ specialized personnel and ongoing programs and activities, consequently cases are referred to relevant NGOs;

(b)Subsidizing specialized day care services through contracts with specialized NGOs in the field of protection of children who are victims of sexual exploitation. There is a need for the establishment of a greater number of specialized centers;

(c)The Ministry supervises indirectly the provision of residential care services to victims of sexual abuse or at risk. This is accomplished through contracts with selected NGOs that aim at caring and rehabilitating those children.

8-6-2-2 Ministry of National Education

634.The new general education pre-university curricula and their respective objectives were issued In accordance with Decree No 10227/97. The health education curriculum addressed health awareness of children within the educational cycles as follows:

Table 27

Health and sexual education

Principal topic	Detailed topics	Cycle	Subject matter	Year
Personal hygiene and daily good habits	Ways of taking care of skin and sexual organs	Third	Science	8
Diseases and prevention	Sexually transmitted diseases	Third	Sciencelanguage (French, Arabic, English	8
AIDS	Third	Sciencecivic and national educationSciencesEnglish language	8
Secondary level	Second (humanities) Third (biology)

Source: Health Education Curricula and Objectives, Pre-University Cycles- Ministry of National Education Youth and Sports- CERD- Memorandum No 1/M/98, Dated 12/11/1998.

635.The above table shows that the public education curriculum did not address the topic of sexual education in the primary stages with respect to children awareness for self protection against behaviors or situations that might harm them. But, the curriculum was restricted to sexual education topics that were included in the sciences subject matters and at a higher education cycles.

8-6-3 Programs and activities implemented by NGOs and the private sector

636.The work of some NGOs active in the field of sexual abuse is focused on offering prevention services (comprehensive and specialized), rehabilitation programs (vocational, psychological, and social), reintegration programs, care and shelter, awareness, protection and

reform, in addition to providing legal assistance and receiving complaints. NGOS service include children, males and females, delinquents and at risk of dangers, detained and serving time.

637.The questionnaire that was prepared by the Higher Council for Children revealed the following:

(a)The majority of NGOs are concentrated in specific geographical locations, and hence their centers do not serve all Lebanese regions although they receive cases with no discrimination (regions, denomination, nationality…);

(b)The number of relevant NGOs is insufficient to cater for the prevalent needs relating to children sexual abuse. Especially that specialization is necessary for follow up of abused children;

(c)There is only one reform center for males in Lebanon , with a limited capacity. Although the best interests of the child require the availability of reform centers in all governorates;

(d)It is necessary to put in place a surveillance mechanism and a hot line in order to receive complaints of sexually abused children and consequently guide and refer them to specialized bodies;

(e)It is also necessary to secure financial resources for supporting NGOs with respect to children sexual abuse whereby enabling them to develop their programs and improve their performance.

8-6-4Statistical data

638.The following two tables provide statistics on sexual crimes committed by and against minors.

Table 28

Sexual crimes committed by minors (below 18), 1998-2002

Type of crime	1998		1999		2000		2001		2002
No.	%	No.	%	No.	%	No.	%	No.	%
Rape and defloration	20	27	15	16.5	10	10.3	7	12.5	15	17.7
Prostitution facilitation	6	8.1	11	12.1	9	9.3	4	7.1	3	3.5
Practicing prostitution	8	10.8	13	14.3	7	7.2	-	-	4	4.8
Facilitation and practicing prostitution	0		5	5.5	1	1	9	16.1	9	10.6
Offense to public conduct	4	5.4	11	12.1	10	10.3	3	5.3	13	15.2
Incest	5	6.8	2	2.2	5	5.1		-	3	3.5
Homosexuality	6	8.1	9	9.9	19	19.6	10	17.9	11	13
Molestation	25	33.8	24	26.3	36	37.2	23	41.1	26	30.6
Exhortation to debauchery and committing indecent acts	0	-	1	1.1	0	-	0	-	1	1.1
Total	74	100	91	100	97	100	56	100	85	100

Source: Directorate General of Internal Security Forces- Information Department.

Table 29

Sexual crimes where the victims are minors (below 18), 1998-2002

Type of crime	1998		1999		2000		2001		2002
No.	%	No.	%	No.	%	No.	%	No.	%
Rape	36	21.7	20	17.1	28	24	17	18.2	11	11.3
Defloration	11	6.6	11	9.4	5	4.2	6	6.5	12	12.3
Adultery facilitation and practice	1	0.6	2	1.8	0	-	2	2.1	-	-
Offense to public conduct	13	7.8	4	3.4	10	8.6	5	5.3	23	23.8
Incest	0	-	0	-	0	-		-		-
Homosexuality	11	6.6	4	3.4	5	4.2	2	2.1	7	7.2
Molestation	46	27.8	51	43.6	48	41	39	42	23	23.7
Kidnapping for marriage	48	28.9	25	21.3	21	18	22	23.7	21	21.7
Total	166	100	117	100	117	100	93	100	97	100

Source: Directorate General of Internal Security Forces- Information Department.

639.The highest percentage of all sexual crimes committed by minors is sexual molestation.  33.8% in 1998, 26.3% in 1999, and 37.2% in 2000, 41/1% in 2001, and 30,6% in 2002 respectively, followed by the percentage of rape and defloration and then practicing prostitution.

640.The number of crimes committed against minors exceeds those that are committed by minors themselves. What is worth mentioning is that no cases of incest were reported during the years 1998 and 2002 as reflected in the table, and this can be explained as follows:

Absence of sexual infringements within the family, which is not possible….

Similar cases were not reported because of traditions, social culture, andfear of scandal.

Yet, table 30 below sets out examples of sexual abuse of children within the family for the year 2001 and emphasize the existence of such cases. The reason why these cases were not mentioned in table 2 because they are categorized under the item other cases or sexual crimes committed against minors (rape, molestation).

Table 30

Examples of sexual abuse within the family in 2001

	The offender	The victim
Age	Profession	Relation to Victim	Age	Gender	Remarks
1	43	Unknown	His two daughters	17-17	Female	Rape
2	51	Tailor	His two daughters	21-16	Female	Molestation
3	38	Driver	His daughter	13	Female	Molestation
4	45	Laborer	His daughter	13	Female	Molestation
5	41	Hairdresser	His daughter	13	Female	Molestation
6	19	Blacksmith	Her relative	14	Female	Defloration
7	41	Mechanics	His daughter	24	Female	Molestation
8	45	Retired	His daughter	Unspecified	Female	Molestation

641.Out of the total sexual crimes that are committed by adults against children and specifically within the family, the above table shows the relation to the victim. The offender is frequently the father and the victim is his daughter. In addition, the table reveals that the type of profession of the offender is most of the time a free job. It is worth mentioning that there are no rehabilitation centers for children sexual offenders that would try to identify the factors and causes that lead to such acts and provide adequate help.

Notes

List of annexes

I.Process of preparation of the third national periodic report on the situation ofchildren

II.Process of children participation in preparing the third national periodic report

III.General budgets 1998-2002

IV.Selected training workshops on the Convention that were implemented until 2003

V.Statistical data - education chapter (14 tables)

VI.Statistical data - administration of juvenile justice (9 tables)

VII.Training activities for workers with children in conflict with the law and juveniles

VIII.Training workshops and discussion sessions relating to child labour

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