Discovering The Palestinian Refugee Paradox in Lebanon: Carol Stephan
Discovering The Palestinian Refugee Paradox in Lebanon: Carol Stephan
Discovering The Palestinian Refugee Paradox in Lebanon: Carol Stephan
3 (Summer, 2016)
Abstract: This paper will attempt to analyze why Lebanon accepts so many refugees instead
of initially denying them asylum since Lebanon’s refugee law reflects the country’s
unwillingness to integrate refugees into its citizenry. It focuses on the case of Palestinian
refugees in Lebanon and argues that Lebanon’s historical relations with Palestine and the
Arab states, and its economic benefit from the refugees play a more powerful role than the
country’s feeling of legal responsibility for granting these refugees asylum. The paper is
divided into two sections; the first examines Lebanon’s refugee law and its consequences on
the living conditions of refugees in Lebanon. The second section assesses the role of Arab
nationalism and the economic benefit from refugees on influencing Lebanon to grant refugees
asylum.
The Syrian refugee crisis continues to uncover the ongoing challenges and obstacles that the
refugees face. It is influencing millions of people around the world to further understand the human
stories of these refugees. As such, it is of utmost importance to shed light on any laws that explicitly
discriminate against refugees and to work towards improving them. Throughout the past century,
the Middle East faced several major conflicts that generated refugee crises where citizens are forced
to seek refuge mainly in neighboring countries such as Jordan, Turkey, Syria (pre-crisis) and
Lebanon. Lebanon hosts a large population of mainly Palestinian refugees, yet over the past few
years, it offered refuge to Syrians as well. There are nearly 455,000 Palestinian refugees in Lebanon
who fled their homes as a result of the Arab-Israeli wars of 1948 and 1967.1 In addition, over 50,000
Palestinian refugees from Syria have fled to Lebanon due to the current conflict in Syria.
Nonetheless, the country tends to have overly restrictive laws for its refugees. After more than 60
years of exile, Palestinians living in Lebanon continue to be explicitly discriminated against in terms
of their civil, political, economic, social and cultural rights and liberties. It is of utmost importance to
address these issues because many of those restrictions are considered to be in violation of human
rights conventions such as the International Covenant on the Elimination of Racial Discrimination
and the Convention on the Rights of the Child.
59
Carleton Review of International Affairs, Vol. 3 (Summer, 2016) 60
Since Lebanon’s refugee law reflects the country’s unwillingness to integrate refugees into
its citizenry, this paper will attempt to analyze why Lebanon accepts so many refugees instead of
initially denying them asylum. By focusing on the Palestinian refugees in Lebanon, the paper argues
that Lebanon’s historical relations with the countries of its region, and its economic benefit from the
refugees play a more powerful role than the country’s feeling of legal responsibility for granting
these refugees asylum. The paper is divided into three sections; the first section assesses the role of
Arab nationalism on Lebanon and how it contributed to having the country open its doors to
refugees; the second section examines Lebanon’s refugee law and its consequences on the living
conditions of refugees in Lebanon; the third section evaluates that several economic factors
influenced Lebanon’s acceptance of refugees.
Section One
This section argues that the factors that influence Lebanon’s acceptance of refugees – despite
the country’s discriminatory laws – are caused more by Lebanon’s historical relationship with the
countries of its region than Lebanon’s feeling of legal responsibility towards the refugees.
Arab Nationalism and/or other regional pressures:
Lebanon could have been pressured to accept refugees due to its Arab identity and the
notion of pan-Arabism. Lebanese Arab policy remains a source of tension between the Arab
nationalists and the Lebanese.2 Yet, these tensions were overshadowed in the mid-1940s, when “the
political doctrine of Arab nationalism is thought to have emerged in reaction to imperial dictatorship
during the late Ottoman Empire.”3 A measure of unity among the Arab states – including Lebanon –
emerged, where they aimed to push towards the full independence of the Levant states.4 As such,
one of the main goals of Arab nationalism was the end of Western influence in the Arab world. It
called for political union in the Arab world and recognized the linguistic, cultural and economic ties
between them.5 The creation of the Arab League in 1945, in addition to Lebanon being one of the
first joiners, highlighted the collaboration and coordination between Lebanon and the other Arab
member states in order to draw closer the relations between them.6 In the 1950s, Gamal Abd Al-
Nasser, the president of Egypt, played an important role in the revival of Arab nationalism. He
emphasized that the fight against Zionism and the liberation of Palestine should become a rallying
point for Arab nationalism.7 In the years 1948 and 1967, the Arab states moved against Israel with
2 Raghid al Solh, Lebanon and Arabism: National Identity and State Formation, (I.B. Tauris), 2004. p. 309.
3 Böwering, Gerhard, Patricia Crone, and Mahan Mirza. The Princeton Encyclopedia of Islamic Political Thought.
Princeton, NJ: Princeton UP, 2013.p.41.
4 Raghid al Solh, Lebanon and Arabism: National Identity and State Formation, (I.B. Tauris), 2004. p.190.
5 Dawisha, Adeed. "Requiem for Arab Nationalism." Middle East Forum. Middle East Quarterly, 2003.
the aim of liberating Palestine. Lebanon’s provision of support for the liberation of Palestine and its
involvement in those wars emphasized the impact of Pan-Arabism on Lebanon. Lebanon’s forces
equaled that of other Arab states; it actively joined all aspects of the war, which included sending its
army to the war front and providing arms to the irregular Arab forces in Palestine.8
The Lebanese Arab nationalist movement and some of Hezbollah’s framing tactics are a
greater reflection of the mentality that Arabs are one nation. For instance in 1958, General Fu’ad
Shibab was elected as President; Shibab shifted the Lebanese National Pact from being a Lebanese
endeavor leading to a Lebanese partnership into an arrangement between the Lebanese nationalists
and the Arab regional power, represented by the Lebanese Arab nationalist.9 Furthermore,
Hezbollah in many instances framed their discourse within an Arab nationalistic context of fighting
against foreign occupation.10 Hezbollah’s goal to liberate the 1948 borders of Palestine and its
struggle against Israel are considered the core beliefs and the central rationale of Hezbollah's
existence. In 2005, a pro-Hezbollah Labor Minister, Trad Hamadeh, issued a decree that officially
reduced the job restrictions imposed on Palestinian employment down to 25 jobs.11 Furthermore,
Hezbollah’s influence towards Palestinians in Lebanese politics was emphasized in 2010. The party
voted in favor for the bill that Palestinian refugees in Lebanon civil rights, allows them to buy
property and exempt them from the work permit process.12 The bill passed in 2010, and created
changes to the Palestinian refugees. Therefore, the impact of Pan-Arabism in Lebanon significantly
contributed to having the country open its doors to the large influx of refugees.
Section 2:
This section finds that while Lebanon is not party to the 1951 Refugee Convention relating
to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, the principle of
legal complementarity holds it accountable to refugees through its ratification and/or recognition of
several international conventions. These include the International Covenant on Economic, Social
and Cultural rights, the International Covenant on the Elimination of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women and the Convention
on the Rights of the Child. Lebanon’s non-compliance to these laws results in the violations of the
rights of refugees.
8 Al Solh, Lebanon and Arabism: National Identity and State Formation. p.311.
9 Ibid, 317.
10 Harik, Judith P. Hezbollah: The Changing Face of Terrorism. London: I.B. Tauris, 2004 p.70.
11 Suleiman, Jaber. "Margenalized Community: The Case of the Palestinian Refugees in Lebanon." Development Research
13 UNHCR Communications and Public Information Service. “Convention and Protocol Relating to the Status of
Refugees." http://www.unhcr.org/3b66c2aa10.html (accessed. 22. Oct. 2015).
14 UNHCR Communications and Public Information Service. “Convention and Protocol Relating to the Status of
ensure to refugees the enjoyment of human rights, including the rights to life, to freedom from torture or cruel, inhuman
or degrading treatment or punishment, and to liberty and security of person.
16 Suleiman, Jaber, "Margenalized Community: The Case of the Palestinian Refugees in Lebanon." Development Research
<http://muftah.org/crisis-in-the-camps-tensions-between-palestinian-syrians-ref
ugees-in-lebanon/#.VaZcyM7UehY> (accessed. 11 October 2015).
Stephan Discovering the Palestinian Refugee Paradox in Lebanon 63
Inside the camps, refugees are living in extremely hostile environments. They face
challenges including lack of access to adequate housing, food, education, clean water, healthcare, and
clothing. For instance, families live in overcrowded camps that were originally designed as
‘temporary housing’ and are forced to cope with open channels of sewage and rotting piles of
garbage. Such conditions facilitate the spread of diseases and having few clinics available to treat the
sick intensifies this problem. Additionally, they have minimal access to electricity. During an
interview by Clancy Chass, a correspondent for the Guardian based in Beirut, Samar a Palestinian
refugee living in the Shatila Camp said: “There is never any electricity, last year we went nearly six
months without electricity, we had to use candles at night and those who could afford to bought
electricity from people with generators."18 Furthermore, young men in the camps describe how they
are harassed and beaten by the Lebanese security services; "Sometimes guys are dragged off and
beaten just because they have a certain family name." said Rabieh.19 These conditions, create an
environment where refugees cannot enjoy an adequate standard of living.20 In fact, according to
UNRWA, the Palestinian refugees in Lebanon have the highest rate of people living in ‘abject
poverty’ of all the Palestinian refugee communities in which they serve.21
Outside the refugee camps, refugees are de jure and de facto discriminated against in relation
to other non-citizens; this is mainly emphasized in their right to work and social security services.22
The Law pertaining to the Entry Into, Residence In, and Exit From Lebanon created in 1962 placed
the Palestinians as equivalents with all foreigners. Foreigners are only allowed to work in Lebanon
when their country allows a Lebanese national to work there; however, this option is unavailable for
the dispossessed Palestinians. In other words, this law rendered the foreigner in Lebanon better
treatment than the Palestinian.23 Until 2010, obtaining a work permit was considered by refugees a
hypothetical principle; before that, one could obtain a permit either by marrying a Lebanese national,
one year after which a permit may be granted, or having a certain value in working capital and
employing at least three Lebanese.24 This changed in 2010, the labour laws were amended and
granted Palestinian refugees work permits free of charge. Nevertheless, in the event that the
refugees are able to obtain work permits, there are still many policies that deliberately exclude
Palestinian refugees from working in 72 professions including law, medicine and engineering. For
instance, in order to practice a legal profession in Lebanon, one needs to be firstly of Lebanese
18 Campbell, Duncan, and Clancy Chassay. "Middle East: Life inside the Palestinian Refugee Camps in Lebanon." The
Guardian. Guardian News and Media, 29 May 2007.
<http://www.theguardian.com/world/2007/may/29/syria.israelandthepalestinians>. (accessed 22 Mar. 2016).
19 Ibid.
20 Concluding Observations of the Committee on the Elimination of Racial Discrimination (CERD) (Lebanon), UN Doc,
nationality for at least ten years; thus excluding the refugees from the profession.25 Iqbal Al-Assaad
- a Palestinian refugee born and raised in Bar Elias, a small village in the Bekaa valley in Lebanon -
got enrolled at Weil Cornell Medical College in Qatar when she was just 14 years old and was set
by The Guinness World Records as the youngest medicine student in the world. However, Iqbal
cannot work in Lebanon due to her status as a Palestinian, and is considering working in Qatar
instead.26 These laws and policies further emphasize that Lebanon is explicitly discriminating
against Palestinian refugees.
Legal Analysis
While Lebanon is not a signatory to the UNHCR 1951 Refugee Convention or the 1967
Protocol it is still bound by the customary law principle of nonrefoulement and by the obligations of
the human rights treaties which it has signed, to at least provide temporary protection measures to
ensure the safe admission of refugees, protect them against refoulement and respect their basic human
rights.27 In this way, the treatment of refugees by Lebanon is in violation of several international
covenants that Lebanon is a signatory to. Amnesty International has sent memorandums to the
Lebanese government and briefings to UN Committees detailing its concerns about the human
rights of Palestinian refugees in Lebanon.
Amnesty International claims that Lebanon has violated duties of the International
Covenant on Economic, Social, and Cultural Rights (ICESCR); ICESCR states that the right to
housing should not be interpreted as “merely having a roof over one's head… rather it should be
seen as the right to live somewhere in security, peace, and dignity.”28 Yet in Lebanon, a series of
government policies have further worsened the poor housing conditions of the refugee camps. Some
of these policies deny the right of refugees to improve or reconstruct their housing, by prohibiting
the entry of building materials into refugee camps.29 Moreover, Amnesty’s claims of Lebanon’s
violation of the International Covenant on the Elimination of Racial Discrimination (ICERD), are
based on their concerns on issues regarding the legislative provisions and policies that have a
discriminatory effect on the Palestinian population compared with other non-citizens, as Palestinians
were considered discriminated with regards to rights to own property, rights to work and the right
to social security.30 This is considered a breach since the ICERD has clarified that the states that are
25 Concluding Observations of the Committee on the Elimination of Racial Discrimination (CERD) (Lebanon), UN Doc,
CERD/C/64/CO/3, 12 March 2004.
26 Dickinson, Elizabeth. "Palestinian Child Prodigy Becomes Doctor at Age 20." The National. N.p., 18 Aug. 2013.
<http://www.thenational.ae/news/world/middle-east/palestinian-child-prodigy-becomes-doctor-at-age-20>. (accessed
21 Mar. 2016.)
27 Arnaki, Dalia, and Olivia Kalis. "Limited Legal Status for Refugees from Syria in Lebanon." Forced Migration Review.
signatories to this convention should “take measures to eliminate discrimination against non-citizens
in relation to working conditions and work requirements, including employment rules and practices
with discriminatory effect or purpose.”31
Furthermore, under the ICESCR and ICERD, Lebanon is also obliged to ensure that
everyone who works is offered just and favourable conditions of work, irrespective of their status.
Article 7 of the ICESCR states: “The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of just and favourable conditions of work.32 Clause A (I) specifies “Fair
wages and equal remuneration for work of equal value without distinction of any kind, in particular,
women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for
equal work…”33 Since both female and male refugees are not offered that, the country is violating its
obligations of the Convention on the Elimination of All Forms of Discrimination Against Women.
Amnesty International also describes how the discriminatory state policies and practices in Lebanon
highlight that Lebanon’s noncompliance with its obligations under the Convention on the Rights of
the Child with respect to refugee children. Their concern particularly includes the limitations on the
right to an adequate standard of living, the right to education, the right to be registered and the
right to a name, and the right to social security. For example, under article 7(1) of the Convention,
every child has the right to be registered immediately after birth and the right to have a name and to
acquire a nationality. Yet, children born to non-ID Palestinian fathers (who do not themselves
possess recognized identity documents) are not registered with UNRWA and neither receive
recognized identity documents from the Lebanese state nor have the ability to acquire a nationality
even if they have a Lebanese mother as, under the current Lebanese law, nationality can only be
passed on by the father.34
There are many other obstacles that refugee children face, such as limitations on access to
education. Law No. 686 of 1998, which amended Article 49 of Decree No. 134/59 provides that
“public education is free and compulsory in the primary phase and is right to every Lebanese in the
primary education age.”35 By only specifying that Lebanese children have a right to free primary
education this law does not to comply with Lebanon’s obligation under article 28 of the Convention,
to “make primary education compulsory and available free to all”.36 This emphasizes how Lebanon
fails to respect the rights of refugees through its non-compliance with several international laws.
31 CERD, General Recommendation No. 30, Discrimination against Non-Citizens, UN Doc. HRI/GEN/Rev.7/Add.1, para
33.
32 Amnesty International, “Exiled and suffering: Palestinian refugees in Lebanon” October 2007, AI Index: MDE
Section 3:
This section finds that in addition to Lebanon’s historical relationship with the countries of
its origin, the contribution of Palestinian refugees to the Lebanese economy played a more powerful
role in Lebanon’s acceptance of refugees, than Lebanon’s feeling of legal responsibility towards
them.
Economic factors:
37 Brynen, Rex. "Sanctuary and Survival : The PLO in Lebanon." Palestinian Refugee ResearchNet PRRN. Westview Press,
http://prrn.mcgill.ca/research/papers/brynen2.htm (accessed 22 Oct. 2015).
38 The Exile Bourgeoisie of Palestine." Middle East Research and Information Project .
workers, Palestinian refugees consume and save inside Lebanon, thus positively contributing to the
country’s balance of payments and its gross domestic product (GDP). This is because their
consumption patterns are comprehensive, especially those of food and medical services, which are
the two main areas of expenditure. For example, in 2012, surveys estimated that Palestinian
refugees in Lebanon contribute more than US$300 million a year to the Lebanese economy, with a
particular effect in rural areas, where most Palestinians reside.41 The refugees have been a vital
source of demand for locally produced services in Lebanon, particularly because they are funded
from their own savings and labor income, from remittances of families abroad and from international
aid.42 Moreover, the country receives large amounts of funds from international organizations such
as UNRWA that are intended to provide health, education, and social services. Such projects hire
different Lebanese experts, specialists, social workers and programme officers, hence mobilizing
different sectors in the Lebanese economy.43
Conclusion
In conclusion, Lebanon hosts over a million refugees but continues to have strict and
discriminatory policies towards Palestinian asylum seekers. There are several factors that influence
the country to open its doors to refugees; but Lebanon’s historical relations with the Arab countries
and its economic benefit from the refugees are more powerful than Lebanon’s feeling of legal
responsibility towards the refugees. This is portrayed in the country’s treatment of refugees, which
is in violation of several International Conventions and human rights. The current influx of Syrian
refugees to Lebanon and their desperate need for aid emphasizes the need to pressure Lebanon to
resolve its legal challenges for refugees, and to respect the covenants and conventions that it has
ratified and recognized. In order to expect the countries of the world to provide just treatment to the
refugees, a neighboring country should be able to provide them that as well.
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