Mr Ziad El Sayegh, Executive Director of the Civic Influence Hub in Beirut and former Policy and Communication Advisor to the Lebanese-Palestinian Dialogue Committee [a Lebanese inter-ministerial government body formed in November 2005 to implement the policies of the Lebanese government towards Palestinian refugees in Lebanon] whom we interviewed for this report considered that stateless Palestinians are legally entitled to re-enter Lebanon, even though practices may sometimes diverge from the law:
“No, they can re-enter Lebanon. There was a decision in 2007 to not allow them to be back in Lebanon, and in 2008, the Lebanese Government put an end to this because we relied on a convention that Lebanon signed and approved, and it was an Arab League, [...] If they go, they can go back, and if they have another nationality, they can keep [...] the Palestinian refugees document. This was solved in 2008 based on that [?] Lebanon should respect the United Nations resolutions and conventions and the Arabic resolution and conventions. If you tell me everybody is coming back without any difficulty, I cannot assure you. Maybe when they arrive to the airport, they will be subject to some difficulties, but legally speaking, it is solved. [...]but in Lebanon, as everywhere sometimes, not only Lebanon, you have the law, and you have some administrative measures based on some facts and information. Maybe they can modify such an implementation of the law, but the law is very clear.”
(Source: Ziad El Sayegh, interview record, 31 October 2022)
Katherine Harbord, a lecturer in human rights specialised in the Middle East whom we interviewed for this report in October 2022 shared the experience of one of her research participants who managed to re-enter Lebanon:
“This is information I’ve heard from one person plus one person who has experienced this. This individual told me that if you have received permission to live outside of a camp rather than at your registered address which would be in one of the camps, then it is possible for you to go and return. But his opinion was that outside this specific case it would not be possible. Or if you don’t have residence at all, you won’t be able to return. And he claimed that it’s more difficult for those who are residents of camps than those who are permitted to reside outside.”
(Source: Katherine Harbord, interview record, 13 October 2022)
In a series of written responses to questions sent by Asylos for this report, Dr. Jasmin Lilian Diab, Director of the Institute for Migration Studies at the Lebanese American University indicated in October 2022 that:
“Palestinians that leave the country are always at risk of not being permitted to re-enter. This is less likely if they have the Lebanese government issued PRL document; however, there have been many cases where they have not been permitted to enter. For those who leave the country through irregular means, or following a rejected asylum application in a third country, they are typically not permitted to re-enter Lebanon.”
(Source: Dr. Jasmin Lilian Diab, written communication with Asylos, 6 October 2022)
In their 2022 report, BADIL Resource Center and the European Network on Statelessness quoted a Dutch court decision based in part on the inability of Palestinian refugees from Lebanon to return to Lebanon :
“The Court also observed that pursuant to the decision in Germany v XT, both UNRWA’s ability to provide protection or assistance commensurate with its mission and the applicant’s ability to actually enter an UNRWA field of operation were relevant considerations. There was evidence indicating that return might be impossible:
‘Since the Lebanese elections in May 2018, [Palestinian refugees from Lebanon] living abroad without a [Lebanese] residence permit cannot obtain travel documents from the Lebanese authorities. Their return to Lebanon is stalled.”
(Source : Badil Resource Center and European Network on Statelessness: “Palestinians and the Search for Protection as Refugees and Stateless Persons”, June 2022, p. 26)
In its series of country reports for 2021, the US Department of State wrote about Lebanon:
“The DGS [Lebanese Directorate of General Security] facilitated the entry of PRS [Palestinian Refugees from Syria] into Lebanon during the early stages (2011-2013) of the Syria conflict. DGS support for PRS border transit was never formalized, and restrictions were imposed on PRS trying to enter Lebanon from 2013. Since 2014, entry visas were only granted at the Syria-Lebanon border to PRS who have either a verified embassy appointment in Lebanon, a pre-approved visa from DGS, or an airline ticket and visa to a third country. Most visas were only granted for 24-hour transit.”
(Source: US Department of State (USDOS) “2021 Country Reports on Human Rights Practices: Lebanon”, Section 2. Respect for Civil Liberties, March 2022, p. 24)
The Danish Immigration Service stated in a 2020 published report that:
“In Lebanon, Palestinians will not have any rights and the Lebanese authorities will not let a Palestinian who previously resided in Lebanon back in once they have left.”
(Source : Danish Immigration Service, “Palestinian Refugees Access to registration and UNRWA services, documents, and entry to Jordan” June 2020, p. 48)
The independent digital media platform in Arabic Daraj published testimonies by Palestinians in Lebanon about their mobility:
“Abu Taha (30 years old) is a Palestinian engineer born in Lebanon, like his father, where he received his education and worked. However, he recently moved to Dubai looking for a job, before COVID crisis unfolded and airports closed their doors. Abu Taha waited for his flight, as part of a series of flights organised by Lebanon for the return of its expatriate nationals, weeks after the airport was closed as part of the general mobilisation plan to combat the Coronavirus. However, his trip did not materialise after the General Security Department officer denied him from boarding the plane because he was “a rogue Palestinian”. Abu Taha tells “Daraj”, “it is the first time he felt humiliation and discrimination due to his Palestinian nationality. After hours of waiting due to holding a travel document issued by the Lebanese Republic which was not recognized by the officer, Abu Taha had to stand on the external stairs of the plane in the middle of a sand storm, because the officer himself humiliated him due to his nationality, and said: “This document is for rogues, the whole world would not get him on this plane,” according to Abu Taha’s narration.” [In-house translation. The author is an Arabic native speaker]
ORIGINAL SOURCE:
”انوروك“ ةمزأ لحت نأ لبق ،ةفيظو نع ثحبلل بيد لىإ لقتنا ًايرخأ هنأ لاإ ،نانبل في لمعو هميلعت لصحو ،هدلاو ماك ،نانبل في دلو
ينيطسلف سدنهم وه )ةنس 30( هط وبأ
ةحفاكلم ةماعلا ةئبعتلا ةطخ راطإ في راطلما لافقإ نم عيباسأ دعب ينبترغلما هاياعر ةدوعل نانبل اهدعأ ةيوج تلاحر ةلسلس نمض ،هتلحر هط وبأ رظتنا .اهباوبأ تاراطلما لفقُتو ةرلما اهنإ ،”جرد”ـل هط وبأ لوقي .”رعزأ ينيطسلف“ هنلأ ةرئاطلا تنم لىع هدوعص ماعلا نملأل ةماعلا ةيريدلما نم طباض ضفر امدعب لمتكت لم هتلحر نأ لاإ .”انوروك“ سورياف لم ةبسانلماب يتلاو ،ةينانبللا ةيروهمجلا نع ةرداص رفس ةقيثو هلمح ببسب راظتنلاا نم تاعاس دعبف .ةينيطسلفلا هتيسنج ببسب زييمتلاو ةناهلماب اهيف رعشي تيلا لىولأا
…نارعزلل ةقيثولا يديه“ لاقف ،هتّيسنجب هناهأ هسفن طباضلا نلأ ،بهت تناك ةيلمر ةفصاع مانيب يجراخلا ةرئاطلا جرد لىع فوقولل هط وبأ رطضا ،طباضلا اهيلإ فرعتي
.هط وبأ ةياور قفو ،”ةرايطلا ع وعلّطب ام اهلك نيدلا
(Source: Daraj, “Republic of Racism: The Denial of a Palestinian his Return to Lebanon”, 4 May 2020)
The same source further analysed:
“The General Directorate of the General Security of Lebanon issued a circular to Middle East Airlines (No. 5932
/ m) on April 30, stating that Palestinian refugees, who live in Lebanon, are not allowed to return to Lebanon on aeroplanes designated to evacuate Lebanese expats. The circular stipulated amending the meaning of “Lebanese returning “ to a Lebanese family (husband, wife, children) without escorting servants and persons of Palestinian nationality who are refugees in Lebanon.
The Directorate released a statement, after the outrage and negative reactions received on social media, that it initiated an investigation into the officer’s inappropriate behaviour and treatment of Abu Taha and will take action in light of the investigation results.
It also clarified that it «works in accordance with the decision of the Council of Ministers to exclusively return Lebanese in this stage, provided that the return of non-Lebanese who have the right to enter Lebanon occurs in later stages.»
The Lebanese Palestinian Dialogue Committee said in a statement, “it was carrying the required communication at the highest levels, to amend the decision issued by the National Committee for the Management of Disasters and Crises to deny Palestinian expats from returning to Lebanon who hold travel documents issued by the relevant Lebanese authorities.”[In-house translation. The author is an Arabic native speaker]
ORIGINAL SOURCE:
ةينيطسلفلا ةيعباتلا نم صاخشلأل حماسلا مدعب ضيقي ليربأ /ناسين 30 خيراتب )م/2395 مقرلا( طسولأا قشرلا نايرط لىإ ًمايمعت تردصأ نيانبللا ماعلا نملأل ةماعلا ةيريدلما نم )دلاوأ ،ةجوز ،جوز( نيانبللا ةلئاع لىإ نيدئاعلا ينينانبللاب دوصقلما ليدعت لىع ميمعتلا صنو .جراخلا نم ينينانبللا ءلاجإ تارئاط تنم لىع هيلإ ةدوعلاب نانبل في ينئجلالا
نانبل في ةئجلالا ةينيطسلفلا ةيعباتلا نم صاخشلأاو مدخلا ةقفاربم حماسلا نود
تامولعم نم درو ام لوح طباضلا عم قيقحتلا تشراب اهنأ ،يعماتجلاا لصاوتلا عقاوم لىع ةيبلس لعف دودر ةثداحلا هذه تقلا امدعب ،نايب في تنلعأو ةيريدلما تداع نأ لىإ
.قيقحتلا ةجيتن ءوض لىع تاءارجلإا ذاختا لىإ راصيل ،هط وبأ عم ةقئلا يرغ ةقيرطب هيطاعت نع
.
في نانبل لىإ لوخدلا مهل قحي نيذلا ينينانبللا يرغ ةدوع لىإ راصي نأ لىع ،ةلحرلما هذه في ًاصرح ينينانبللا ةدوعب ضياقلا ءارزولا سلجم رارقل ًاقفو لمعت“ اهنأ تحضوأ ماك
.”ةقحلا لحارم
،تامزلأاو ثراوكلا ةرادلإ ةينطولا ةنجللا نع رداصلا رارقلا ليدعتل ،تايوتسلما لىعأ لىع ةمزلالا تلااصتلاا ءارجإب موقت اهنإ“ ،نايب في تلاق ”ينيطسلفلا نيانبللا راوحلا ةنجل“
.”ةصتخلما ةينانبللا تاطلسلا نع ةرداص رفس قئاثو نولمحي نمم نانبل لىإ ةدوعلا نم ينبترغلما ينينيطسلفلا ينميقلما عنبم
(Source: Daraj, “Republic of Racism: The Denial of a Palestinian his Return to Lebanon”, 4 May 2020)
In the internationally recognised book they published in 2020, legal scholars Dr. Francesca Albanese [currently Special Rapporteur on the situation of human rights in the Palestinian Territory] and Professor Lex Takkenberg wrote:
“Over the decades, hundreds of thousands of Palestinians have reportedly left Lebanon as the disparity between registered refugees and current residents demonstrates. In addition to the twelve thousand Palestinian refugees who were ‘deregistered’ by the Lebanese authorities in 1982 (when the PLO was ousted from Lebanon and relocated to Tunis), on the ground that they had acquired residency or nationality abroad, and those who were expelled in the 1990s, Palestinian refugees have often experienced difficulty in renewing Lebanese travel documents allowing them to return to the country. For example, when Mu’ammar Gaddafi expelled Palestinians from Libya in 1995, the Lebanese government introduced regulations preventing Palestinians originally registered in Lebanon from returning without a special re-entry visa issued by the Lebanese mission in the country of (p. 212) residence (it did not apply to those residing in Syria). This made return to Lebanon impossible for many Palestinians. These factors, together with the discrimination and violence that prompted refugees who could do so to seek asylum and better lives in Europe, have over time confirmed what anthropologist Rosemary Sayigh refers to as an undeclared Lebanese policy encouraging Palestinian emigration from Lebanon. This situation is compounded by the fact that, since the end of the civil war, and most dramatically since the Oslo process in the 1990s, most countries that used to grant political asylum to Palestinians from Lebanon in earlier years have stopped doing so.”
(Source: “Francesca P. Albanese and Lex Takkenberg/Oxford University Press, Palestinian Refugees in International Law”, May 2020, Chapter 3.3.3, Legal Status and Treatment, pp. 274-275)