Lebanese FlagNGO Law Monitor: Lebanon

Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources

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Last updated 4 May 2012

Introduction

In recent years Lebanon has established one of the most enabling legal and regulatory environments for civil society in the entire Arab world. The Lebanese NGO law is the 1909 Ottoman Law on Associations, which has remained in force for more than 100 years. Although the Ottoman Law is quite liberal, it notably diverges from the French Law on Associations from which it is derived by requiring government notification of the formation of all associations immediately after they are created. "Secret" or undeclared associations are prohibited and subject to immediate dissolution.

For a number of years the Law on Associations was misapplied by Lebanese authorities, who might take months or, in some extreme cases, years to deliver a receipt of notification. Without this receipt, associations could not take full advantage of the rights and privileges afforded to registered legal entities. In 2006, the young attorney and civil society leader Ziad Baroud became Minister of Home Affairs, and in this position circulated a Ministerial Circular putting an end to a number of negative implementation practices -- most importantly, by requiring that receipts be given within 30 days of the date of notification.

Since 2006, very few issues have been reported with regard to implementation of the NGO law. Indeed, the only association that applied to be registered and was refused during this period is the HELEM Association, which defends LGBT rights. The Home Affairs Ministry has stated that it cannot issue a receipt because homosexuality remains prohibited under the Lebanese Criminal Code.

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At a Glance

Organizational Forms Associations
Registration Body Ministry of Home Affairs.
Approximate Number 5,523 National Associations; 100 Branches of International Associations
Barriers to Entry Mandatory notification of association establishment
Barriers to Activities "Secret" or undeclared associations are prohibited.
Barriers to Speech and/or Advocacy n/a
Barriers to International Contact n/a
Barriers to Resources n/a

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Key Indicators

Population 4,143,101 (July 2011 est.)
Capital Beirut
Type of Government Republic
Life Expectancy at Birth Male: 73.48 years
Female: 76.62 years (2010 est.)
Literacy Rate Male: 93.1%
Female: 82.2%
Religious Groups Muslim (Shia, Sunni, Druze, Isma'ilite, Alawite, Nusayri): 59.7%, Christian (Maronite, Catholic, Greek Orthodox, Melkite Catholic, Armenian Orthodox, Syrian Catholic, Armenian Catholic, Syrian Orthodox, Roman Catholic, Chaldean, Assyrian, Coptic, Protestants): 39%; Other: 1.3%
Ethnic Groups Arab: 95%, Armenian: 4%, Other: 1%
GDP Per Capita $14,400 (2010 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2010.

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International Rankings

Ranking Body Rank Ranking Scale
(best - worst possible)
UN Human Development Index 83 (2010) 1 – 182
World Bank Rule of Law Index 30.3 (2009) 100 – 0
World Bank Voice & Accountability Index 35.5 (2009) 100 – 0
Transparency International 130 (2010) 1 180
Freedom House: Freedom in the World Status: Partly Free
Political Rights: 6
Civil Liberties: (2010)
Free/Partly Free/Not Free
1 – 7
1 – 7
Foreign Policy: Failed States Index Rank: 43 (2010) 177 – 1

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Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements Ratification* Year
International Covenant on Civil and Political Rights (ICCPR) Yes 1972
Optional Protocol to ICCPR (ICCPR-OP1) No --
International Covenant on Economic, Social, and Cultural Rights (ICESCR) Yes 1972
Optional Protocol to ICESCR (OP-ICESCR) No --
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) Yes 1971
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Yes 1997
Optional Protocol to the Convention on the Elimination of Discrimination Against Women No --
Convention on the Rights of the Child (CRC) Yes 1991
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) No --
Convention on the Rights of Persons with Disabilities (CRPD) Yes 2007
Key Regional Agreements Ratification* Year
Arab Charter on Human Rights No --

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Lebanese Constitution was adopted in 1926 and amended following the Lebanese Civil War in 1990. According to Article 13, "the freedom to express one's opinion orally or in writing, the freedom of the press, the freedom of assembly, and the freedom of association are guaranteed within the limits established by law. "

National Laws and Regulations Affecting Sector

Relevant national legislation includes the following:

Pending NGO Legislative / Regulatory Initiatives

We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

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Legal Analysis

Organizational Forms

According to the 1909 Law on Associations, an association is a group composed of more than one individual that combines their knowledge and effort in a permanent fashion to achieve a goal which does not include the distribution of profit.

Public Benefit Status

Lebanese associations may obtain a public benefit designation only by an act of Parliament. Because there is no formal procedure, no associations have been awarded public benefit status in a number of years. Public benefit status allows associations to receive public funds, bid for government contracts, and receive limited tax benefits.

Barriers to Entry

According to Lebanon's 1909 Law on Associations, formation of an association does not require any prior approval. However, it is mandatory that the government be notified of an association's existence once it has been formed. This notification can be submitted by filing two copies of the association's bylaws and the identification cards of the founders to the Ministry of Home Affairs. Since 2006, the Ministry is required to issue receipts of notification within 30 days of receiving the notification.

Barriers to Operational Activity

"Secret" or undeclared associations are prohibited and subject to dissolution by government authorities. However, the Lebanese government has not attempted to dissolve any association on these grounds since at least 2006.

Barriers to Speech / Advocacy

There are no legal barriers to speech or advocacy activity.  Associations are free to engage on issues of public policy concern.

Barriers to International Contact

There are no legal barriers to international contact or communication.

Barriers to Resources

There are no legal barriers to resources, whether from domestic or foreign sources.

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Reports

UN Universal Periodic Review Reports Universal Periodic Review: Lebanon (2010)
Reports of UN Special Rapporteurs Lebanon
USIG (United States International Grantmaking) Country Notes Not available
U.S. State Department 2009 Country Reports on Human Rights Practices: Lebanon
Advancing Freedom and Democracy Reports, 2010: Lebanon
Failed States Index Reports Foreign Policy: Failed States Index 2010
IMF Country Reports Lebanon and the IMF
International Commission of Jurists Not available
International Center for Not-for-Profit Law Online Library Lebanon

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General News

NGOs call for approval of electoral law and reject postponing elections (May 2012)
A group of NGOs called on the government to approve a new electoral law before June and rejected attempts to postpone next year's parliamentary elections. The Civil Campaign for Electoral Reforms, a group of about 40 domestic NGOs, held a news conference at the UNESCO Palace to review various proposals for a new election law, particularly a draft law based on a system of proportional representation and the right of Lebanese in the Diaspora to vote. The group said that "although the parliamentary polls are 13 months away, there is only one month left from the deadline set by the government to speed up measures to adopt an electoral law at least one year ahead of the election date in 2013" and that "postponement of the elections is unacceptable because it constituted a violation of the most basic principles of democracy which calls for a rotation of power." (Read more)

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