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, directly commented on [Article 1 (Paragraph 1) of Law 422/2002] :
“This law, though intended to cover the rights of all children from all nationalities, unfortunately does not extend to refugees as much as it outlines. This has been the case with Syrian and Palestinian children who largely fall outside the scope of the law in many cases. For children residing in camps, their largely “autonomous” nature, coupled with the inability of the Lebanese government to be actively present/engaged with them, renders it increasingly difficult for policies and legal frameworks to extend to stateless, migrant and refugee children. On a broader level, the overall culture of impunity in Lebanon, at all levels, renders it close to impossible to enforce the law, and has pushed many families to resort to negative coping mechanisms that the government strategically does not interfere with. i.e. sending children to work for instance, etc.”
(Source: Dr. Jasmin Lilian Diab, written communication with Asylos, 6 October 2022)
A collective of NGOs working with Palestinians in Lebanon made a joint submission to the Human Rights Council Universal Periodic Review in 2020 in which they stated among others that:
“12.2. Palestinian refugee children, especially those living the camps, do not benefit from the Juvenile Protection Law or the Law on Domestic Violence
Article 1 (Paragraph 1) of Law 422/2002 on the protection of minors in contact with the law or those at risk deprives refugee children from its legal protection and jurisdiction to intervene for their protection due to the absence of due process inside the camps, where children are subjected to several forms of violations.”
(Source: Najdeh Association, Development Action Without Borders (Naba’a), Palestinian Human Rights Organization (PHRO) et al, “UPR 2020: Palestinian Refugee Rights in Lebanon”, July 2020, p. 7)
UNRWA describes its Children and Youth programme to eligible individuals as follows: “2. Social services
Social services are extended through a network of more than l00 refugee administered community-based
organizations (CBOs) which create social, cultural, economic and educational opportunities. UNRWA provides training and technical support to the CBOs to strengthen their institutional capacity and enhance refugee participation in the formulation and implementation of social services in their respective communities. Social services are available to the entire community. The four key social services sub-programmes are as follows: [...]
2.3 Children and youth programme: enhances the well-being of children and youth and promotes their participation in constructive activities consistent with the objectives of the Convention on the Rights of the Child (CRC).”
(Source: UNRWA, “Consolidated Eligibility and Registration Instructions” , 1 January 2009, pp. 21-22)
In its 2021 Annual Operational report, UNRWA reported that:
“The preparatory dropout rates in Lebanon and Syria both increased. In Lebanon, national grade promotion criteria reverted to academic performance and, in the context of over a year of disrupted learning, led to an increase in the repetition rate and subsequently, to a higher dropout rate. Male students were also particularly impacted by the country’s deteriorating socio-economic situation, with high unemployment rates reducing motivation to learn whilst, at the same time, generating pressure to find paid employment in order to support household income.”
(Source: UNRWA, “Annual Operational Report 2021” 27 October 2022, p. 39)
In its 2022 Emergency Appeal Progress Report for the reporting period 1 January - 30 June UNRWA reported that:
“In Lebanon, against a target of 11,838, only 7,348 students could be provided with transportation to support their attendance at school. Due to the socio-economic crisis, an increasing number of families are struggling to cover the costs of fuel and transportation to ensure their children regularly attend school. Under such conditions, the Agency’s support is crucial to prevent drop-outs.”
(Source: UNRWA, “Syria, Lebanon and Jordan, 2022 Emergency Appeal Progress Report for the reporting period 1 January – 30 June 2022”, 3 November 2022, p. 6)
“The physical learning environment is an important enabler in ensuring quality, inclusive and equitable education and can have a profound impact on student and educator outcomes. For students, school design can affect health, access for those with disabilities, behaviour and overall learning performance. For educators, the physical environment can affect commitment, effort and retention rates. To enhance the physical environment within UNRWA schools, the Agency either constructed, reconstructed or upgraded four schools in 2021 through project funding, including one in Gaza, two in Jordan and one in the West Bank […] In 2021, project funding helped the Agency come close to meeting its annual target in most fields, although in Lebanon, no schools were constructed, reconstructed or upgraded, due to lack of funds.”
(Source: UNRWA, “Annual Operational Report 2021” 27 October 2022, p. 43)
UNRWA, also reported in its Syria, Lebanon and Jordan Emergency Appeal 2022:
“In 2022, irrespective of the learning modality, UNRWA will continue to provide educational services to all Palestine refugee students in Lebanon registered at UNRWA schools. Preliminary results of the class formation for the 2021/2022 academic year showed total student enrollment at 39,129 students (20,237 girls, 18,892 boys), an increase of 1,558 students from the previous year. This may be due to the shift from private schools to UNRWA schools due to the deteriorating socio-economic conditions, since many families are unable to continue to afford private education. On the other hand, there is also concern that there may be a high number of at-risk students leaving school or having low attendance, since the economic crisis creates conditions for abuse and exploitation, with an expected increase in students exposed to negative coping mechanisms (substance use, child labour and early marriage) in order to help meet their families’ basic needs. Students are at-risk for a number of reasons, including: (i) barriers to learning (transportation/communication costs, lack of school supplies and other actual costs related to learning); (ii) loss of motivation/interest/hope resulting from psychological distress and requiring PSS; and
(iii) feeling overwhelmed, leading to them falling behind in learning and in need of tutoring and resources to support them to continue their education.
The educational experiences of children and youth have been profoundly impacted due to the socio-economic crises in Lebanon, as well as the constant shocks and stressors facing families, resulting in increased psychological and behavioural distress. [It is footnoted here that, “These findings are also reflected in a recent United Nations Children’s Fund (UNICEF) study that indicates that in Lebanon, including in the Palestine refugee camps, financial hardship has impacted all areas of people’s lives, leading them to be more exhausted and stressed. See UNICEF July 2020. Underneath the Surface: Understanding the root causes of violence against children and women.”]
[…] The increased electricity outages and the national fuel crisis have led to a substantial increase in transportation costs, as well as widespread electricity cuts. As such, it is anticipated that transportation and/or communication assistance needs will substantially increase in 2022 as will the need for PSS and tutoring/educational support due to the learning loss resulting from the closure of schools for over one year.”
(Source: UNRWA, “Syria, Lebanon and Jordan Emergency Appeal 2022”, 18 January 2022, p. 37)
UNRWA, reported in their “Palestine Refugees in Lebanon: Struggling to Survive:
“Child and Youth deprivation: […] At the educational level, UNRWA estimates that more than 1,275 Palestine refugee students left school during the school year 2020-2021 in Lebanon, of whom 55 per cent left school as a result of psychological distress.
[…] Even after the end of the lockdowns and the reopening of schools, students are still facing many challenges in attending their classes and enjoying an adequate learning experience. The rise of transportation costs is disrupting the students’ commute to school and the electricity cuts affect their studying hours.”
(Source: UNRWA, “Palestine Refugees in Lebanon: Struggling to Survive”, 18 January 2022, p. 11)