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Lebanon: Stateless Palestinians

This report combines relevant and timely publicly available material with new information generated through interviews or written correspondence with five individuals with authoritative knowledge on the topic. Together these sources paint a troubling pict

What does the law say with regards to stateless Palestinians seeking employment? E.g. Do they have the right to work on an equal basis with Lebanese citizens?

Walaa Kayyal, a researcher living as a Palestinian in Lebanon whom Asylos interviewed for this report in October 2022 outlined the limits to Palestinians’ access to the labour market as follows:

 

“Palestinians can work in the informal sector. So for example, I can open a bakery without telling the government so that I don’t pay taxes. They can work as painters, plumbers, butchers, they can work in a grocery store, they can work in a market. However, when they want to work in a formal sector, they should apply for a work permit. Usually it is the organisation you would like to work for which should apply for work permits. For example I work in an international NGO here which applies every year for a work permit for me. Some organisations say «We don’t apply for you. You should go to the Ministry of Labor and apply for it yourself.» Then you apply for a work permit and you pay for it. And even if the organisation applies on your behalf, they pay for you. It’s not for free, but you pay a negligible administrative fee.”

 

(Source: Walaa Kayyal, interview record, 31 October 2022)

 

A collective of NGOs working in Lebanon made a joint submission to the Human Rights Council Universal Periodic Review in 2020 in which they stated that:

 

“The legal status given to the more than 479,000 Palestinian refugees, where they are still categorized and treated as foreigners rather than refugees, prevents them from obtaining a work permit, limiting them to jobs in the informal sector that are low-paid and do not offer any social protection.”

 

(Source: Badil Resource Center: “Written statement* submitted by BADIL Resource Center for Palestinian Residency and Refugee Rights, a nongovernmental organization in special consultative status”, 23 May 2022, p. 2)

 

A report of the Special Rapporteur on extreme poverty and human rights observed that Palestinian refugees in Lebanon are excluded from 39 syndicated professions, including law, medicine and engineering.

 

“36. Palestinian refugees are excluded from practicing 39 syndicated professions, such as law, medicine and engineering, a difference of treatment that may be seen as prima facie discriminatory. The principle of national preference, coupled with a requirement for a work permit, makes it practically impossible for Palestinian refugees to obtain a decent formal job, confining them to low-paid, low-skilled work in the informal sector without labour or social protections. Even for the minority of Palestinian refugees employed in the formal sector, social protection is almost non-existent: although they are required to contribute 23.5 per cent of their salary to the National Social Security Fund, they do not receive any social security benefits except for end-of-service indemnity, which is only equivalent to approximately 8.5 per cent of their contribution. [...]

 

(Source: OHCHR, “Visit to Lebanon – Report of the Special Rapporteur on extreme poverty and human rights”, Olivier De Schutter, 11 April 2022, p.9)

 

The same report noted that the legal statuses of Palestinian Refugees from Syria, and non-ID Palestinians in Lebanon are more precarious, and these groups face significant challenges in being able to secure any formal employment.

 

38. Over 28,000 Palestinian refugees from the Syrian Arab Republic and 3,000–5,000 “non-ID” Palestinians who arrived in Lebanon without identity documents after the 1960s, have a precarious legal status in Lebanon. Without legal status, non-ID Palestinians face restrictions on movement and difficulties in completing civil registration procedures and accessing public services, formal employment and the justice system. Palestinian refugees from the Syrian Arab Republic face similarly insurmountable obstacles, given the inconsistent application of policies and practices regarding the renewal of their residency status by the General Security Office. Owing to their irregular status and restrictions on formal employment, 92 per cent of Palestinian refugees from the Syrian Arab Republic rely

heavily on UNRWA assistance as their main source of income.[...] However, that meagre cash assistance is donor- dependent and may soon end, given the agency’s dire financial situation.”

 

(Source: OHCHR, “Visit to Lebanon – Report of the Special Rapporteur on extreme poverty and human rights”, Olivier De Schutter, 11 April 2022, p.9)

 

In a peer-reviewed article about Palestinians’ access to the labour market in Lebanon published in 2022, academics Samih Eloubeidi and Prof. Tina Kempin wrote:

 

“With regards to employment, Palestinians are barred from working in 39 high-wage professions outside the camps, including law, medicine, and engineering, and from owning real estate property outside the camps. Men tend to work in construction (34%) while women work in the food processing sector (18%), specialised retail (15%), and health and social services (14%).[...] Many others work in the informal sector as agricultural labourers, salespeople, service workers, and cleaners, which renders them more vulnerable to dangerous working conditions and offers them no health coverage and no paid holiday or sick leave.

 

Palestinians have to abide by laws established for foreigner’s access to employment, many of which are based on the principle of reciprocity of rights and obligations, meaning that foreigners can only hold positions that would be available to Lebanese people in the foreigner’s country of origin. This creates a problem for Palestinians because of the inception of the state of Israel. In addition, it has been difficult for Palestinians to obtain work permits, which require an employment contract, a document many Palestinians cannot acquire.”

 

(Source: Samih Eloubeidi & Tina Kempin Reuter/ The International Journal of Human Rights, “Restricting access to employment as a human rights violation: a case study of Palestinian refugees in Lebanon”, 11 April 2022, pp. 3-4)

 

In its series of country reports for 2021, published in March 2022, the US Department of State wrote about Lebanon:

 

“The law allows a special account to provide end-of-service indemnities or severance pay to Palestinian refugees who retire or resign. These benefits were available only to Palestinians working in the legal labour market. Palestinians did not benefit from national sickness and maternity funds or the family allowances fund. UNRWA continued to bear the cost of basic medical, maternity, or family health-care expenses (excluding worker’s compensation).

Palestinian refugees received partial access to the benefits of the National Social Security Fund if they worked in the regular labour market and had a work permit. A law expanding employment rights and removing some restrictions on Palestinian refugees was not fully implemented, and Palestinians remained barred from working in 39 skilled professions, including medicine, law, and engineering that require membership in a professional association, although since July they were permitted to practise nursing when no Lebanese candidate was available.”

 

(Source: US Department of State (USDOS) “2021 Country Reports on Human Rights Practices: Lebanon”, Section 2. Respect for Civil Liberties, March 2022, p. 28)

 

Freedom House wrote in its annual report for the year 2021 about Lebanon in, published March 2022:

 

“Some 45 percent of those already residing in Lebanon prior to the Syrian civil war live in 12 designated refugee camps and are restricted from 39 professions, contributing to widespread poverty, unemployment, and underemployment. In 2019, Lebanese authorities issued new regulations requiring foreigners to possess work permits, further restricting Palestinians’ access to the labor market.”

 

(Source: Freedom House, “Freedom in the World 2021”, March 2022)

AlAraby, an international Arabic newspaper and website, published an analysis of the evolutions in Lebanese labour law concerning Palestinian refugees:

 

“Here are the simplest examples in the amendment of the Lebanese Labor Law, which took place under the pressure of live forces and Lebanese parties in August 2010. Only “mitigating” measures were nominated in the same mechanism, where the Palestinian refugee remained among the foreign workers category, but was considered one of the special groups, meaning that he was exempted from fees and was excluded from the principle of reciprocity because he does not have a state, which means that his rights as an original resident will continue to be curtailed and he will be subject to administrative procedures related to the Minister of Labor and not to state laws. Until today, no implementing decrees have been issued related to end-of-service compensation, which means that the Palestinian refugee continues to be subjected to exploitation by employers. He remains prohibited from practising dozens of professions, including liberal professions such as medicine, engineering and law, and he was still prohibited from owning an apartment. It is not reprehensible after nine years of this “amendment” that the administrative mechanism would subject the refugee again to an arbitrary decision by the Minister of Labor, Camille Abu Suleiman, in the summer of 2019, in which he prevented Palestinians from working in the “fight against foreign labour.” This decision came within the framework of a political bidding against other opponents who wanted to hold the Syrian refugees responsible for the economic collapse in the country on the eve of the October 17 revolution, shops and institutions owned by Palestinians were closed, and this led to the ignition of the uprising of the camps, which was based on popular and non-factional youth movements. The Lebanese street in many cities and regions supported Palestinian refugees and parliamentary blocs to overthrow this decision. It is known that Palestinians work on free trade and private projects, in addition to working within associations, civil society and non-governmental organizations, the Palestine Liberation Organization (PLO) and UNRWA, as well as as workers in construction sites, and the camps depend on the support of the qualified expatriate youth.” [In-house translation. The author is an Arabic native speaker]

 

ORIGINAL SOURCE:

 

«في »ةيفيفخت« تاءارجإ نع ىوس حشري لم ،2010 بآ/سطسغأ في ةينانبل بازحأو ةّيح ىوق طغض تحت ىرج يذلاو نيانبللا لمعلا نوناق ليدعت في ةلثملأا طسبأ انه

،هل ةلود لا هنوكل لثلماب ةلماعلما أدبم نم ينثتسإو موسرلا نم يفعأ هنأ يأ ،ةصاخلا تائفلا نم برتعإ هنكل بناجلأا لماعلا نم ينيطسلفلا ئجلالا لظ ثيح ،اهسفن ةيللآا

ضيوعتب ةقّلعتلما ةيقيبطتلا ميسارلما ردصت لم مويلا ىتحو ،ةلود ينناوقب لا لمعلا ريزوب قّلعتت ةيرادإ تاءارجلإ هعاضخإو ليصأ ميقمك هقوقح ميجحت رارمتسا ينعي ام

،ةاماحلماو ةسدنهلاو بطلاك ةرحلا نهلما اهنمو نهلما تاشرع ةلوازم هيلع ًاروظحم يقبو .لمعلا بابرأ للاغتسلا ينيطسلفلا ئجلالا ضرعت رارمتسا ينعي ام ،ةمدخلا ةياهن ليمك لمعلا ريزو نم يفسعت رارقل ئجلالا عضختو ةيرادلإا ةيللآا دوعت نأ »ليدعت« اذه نم ماوعأ ةعست دعب ًانجهتسم نكي لمو .ةينكس ةقش كلاتما نم ًاعونمم لظو ليمحت اودارأ نيرخآ موصخ لىع ةيسايس ةديازم راطإ في رارقلا اذه ءاج ،»ةيبنجلأا ةلماعلا ةحفاكم« نمض لمعلا نم ينينيطسلفلا عنم يذلا 2019 فيص نمايلس وبأ يتلا تمايخلما ةضافتنا لاعتشلا كلذ ىدّ أو ،نوينيطسلف اهكلتيم تاسسؤمو حلاصم قلاغإ مت ،نيشرت 1٧ ةروث ةيشع دلابلا في يداصتقلاا رايهنلاا ةيلوؤسم ينيروسلا ينئجلالا نأ فورعلما نمو ،رارقلا اذه طاقسلإ ةيباين لتكو ينينيطسلفلا ينئجلالا قطانلماو ندلما نم يرثك في نيانبللا عراشلا دناس ،ةيلئاصف يرغ ةيبابشو ةيبعش تاكارح لىع تماق

م( ةينيطسلفلا ريرحتلا ةمظنم فئاظوو ةيموكحلا يرغ تماظنلماو ةيلهلأا طباورلاو تايعمجلا نمض لمعلل ةفاضإ ةصاخ عيراشمو ةرح تاراجت لىع نولمعي ينينيطسلفلا

».ينبترغلما نم اهبابش تاءافك معد لىع تمايخلما دمتعتو ،ءانبلا شرو في لماعك كلذكو ،اورنوأو )ف ت

 

(Source: AlAraby.co.uk, “What is left of the Palestinian asylum in Lebanon?” 28 November 2021)

 

The UN Office for the Coordination of Humanitarian Affairs published a statement by the UN special rapporteur on extreme poverty and human rights on his visit to Lebanon in November 2021:

 

“Lebanon also hosts Palestine refugees, estimated at about 181,000 by UNRWA (which provides services to about 257,000 persons in total). Most have lived in the country since 1948. Yet, these refugees continue to have ambivalent legal status and live at the margins of society. They face multiple barriers to access education, decent employment and social protection, leaving them almost entirely dependent on UNRWA’s assistance and services, which, in turn, are precarious due to limited resources and fluctuations in donor funding. By virtue of series of laws, ministerial decrees and decisions, Palestinian refugees are excluded from practising 39 syndicated professions, such as law, medicine and engineering, and the principle of national preference, coupled with a requirement for a work permit, makes it practically impossible for Palestinian refugees to obtain a decent job in the formal labour market. Employment prospects for Palestinian refugees are often reduced to low-paying, low-skill work in the informal sector, without any form of social protection. While a marginal minority of Palestinian refugees working in the formal sector are required to contribute to the National Social Security Fund at 23.5 percent of the value of salary, they are considered as foreigners of a country with which Lebanon has no reciprocity agreement, and they therefore do not receive any social security benefits, except the end of service indemnity, which is only worth approximately

8.5 per cent of the paid value.

[…]Over 28,000 Palestinian refugees from Syria are in particularly vulnerable situations, as a considerable number of them are unable to regularize their status in Lebanon and hence the vast majority of them – 92 per cent – heavily rely on cash assistance provided by UNRWA as the main source of income. As for many other humanitarian assistance programs, however, this cash assistance program of $100 per family per month is donor-dependent and due to be withdrawn at the end of 2021, leaving the beneficiary families with very little alternative sources of income.”

 

(Source: OHCHR, “Statement by Professor Olivier De Schutter, United Nations Special Rapporteur on extreme poverty and human rights, on his visit to Lebanon, 1-12 November 2021”, 12 November 2021, p. 1)

 

UN Women wrote in its sectoral examination of feminist and women’s right issues in Lebanon in July 2021 that:

 

“Palestinian, Syrian, and other refugee populations, as well as migrant domestic workers and stateless persons living in Lebanon, are all effectively excluded from the Lebanese labour law entirely. Even though the vast majority of Palestinians residents were born in Lebanon, they are still considered foreigners and are required to obtain a work permit prior to employment in specific jobs, which is a lengthy administrative process. PRLs are prevented from obtaining employment in at least 39 professions (such as medicine, law, engineering, etc.) (UNRWA 2015). Changes to Lebanese law in 2005 and 2010 have, in principle, improved the rights of Palestinians in Lebanon (PRLs) to access formal employment and strengthened related social protection mechanisms, giving them partial access to the National Social Security Fund. However, significant gaps remain. Within this difficult legal context for Palestinian refugees where there are limited prospects for jobs, Palestinian women are even less likely to work.

 

(Source: UN Women, “European Union Sector Specific Gender Analysis: An in-depth sectoral examination of feminist and women’s rights issues in Lebanon”, July 2021, p. 28)

 

One of the reasons for the prevalent absence of work permits among PRS workers is the inability to obtain legal status or comply with legal requirements.

 

“Reflecting the informal status of the vast majority of male and female PRS workers (especially amongst the 43.3 per cent employment in seasonal/irregular jobs), their work is commonly based on an oral agreement - 97 per cent of the male workers and 89.6 per cent of female workers do not enter into a written employment contract. Furthermore, very few PRS workers (1.4 per cent) have a work permit. These are workers who are married to PRL or Lebanese nationals or PRS males with a Lebanese mother. More than half of the respondents (51.9 per cent) said that the absence of work permits was due to the inability to comply with the legal requirements for work permits (such as obtaining a valid residence permit). At the same time, one quarter stated that they did not see any benefit in holding a work permit as they worked in a sector (cleaning, construction and agriculture) where casual labor is tolerated.”

 

(Source: UNRWA, “Socio-economic Survey on Palestine Refugees from Syria Living in Lebanon”, 28 April 2021, p. 46)

 

It was noted in the National Report submitted as part of the Universal Periodic Review in 2020 that:

 

“196. The Ministry of Labour issued memorandum No. 1/7, dated 22 January 2013, to exempt Palestinian workers registered with the Ministry of the Interior and Municipalities from provisions relating to insurance policies and medical examinations, when applying for a work permit. For its part, Decree No. 1/29, dated 15 February 2018 and defining the professions reserved for Lebanese, is not applicable to Palestinians who were born in Lebanon and are officially registered with the Ministry of the Interior and Municipalities. The needs of the labour market have opened the way for non-Lebanese – and, in particular, Palestine refugees – to work in areas reserved for Lebanese, such as nursing. On 5 August 2019 the Minister of Labour issued resolution 93/1 on the documentation necessary for Palestinians – both employees and employers – to obtain a work permit.”

 

(Source: OHCHR, “Universal Periodic Review - Lebanon: National Report, 12 November 2020”)

In an effort to learn more about the lives of Palestinians in Lebanon, the United Nations Development Programme (UNDP) and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) conducted a qualitative WhatsApp survey. According to the results:

[…] “Palestinian respondents described unemployment as ‘the core of all their problems’ with devastating economic and social consequences (e.g., poverty, stress, depression, and drug abuse), particularly for youth. Rather than fierce competition for jobs amongst different nationalities, a lack of employment opportunities compounded by legal exclusion from the labour market was identified as the root cause of these problems. Palestinian respondents demand an integrated approach to their situation that addresses both their needs, and their civil and economic rights in Lebanon.”

 

“Palestinian refugees have been living in Lebanon for more than 70 years. The LPDC census in 2017 found that 165,549 PRL and 17,706 PRS reside in Lebanon’s camps and gatherings alongside 12,030 Lebanese and 28,317 Syrians (LPDC, 2017, 21). Many Palestinian refugees are deprived of basic civil and socioeconomic rights, such as the right to work or practice liberal professions, run businesses and own property outside gatherings and camps. As a result, more than half (53%) of PRS and 23 per cent of PRL are unemployed (AUB and UNRWA 2016, 2). Perhaps reflective of this, most Palestinian refugees are partially dependent on humanitarian assistance, with the vast majority (90%) of PRS and 65 percent of PRL living below the poverty line in Lebanon (AUB and UNRWA 2016, 2).”

 

Unemployment in Mieh Mieh camp:

 

[…] “Many respondents emphasised that their inability to find work was politically engineered. For them, work is a basic right that is unjustly denied to Palestinians due to their nationality: You’re asking about the reasons for unemployment, while we as Palestinians are deprived of our basic rights. We’re not allowed to work, and when we work, we can’t take any days off or receive service indemnity, and we can’t have any property. We’re deprived of all of our rights. You’re asking me while I’m a Palestinian? There is unemployment because of the lack of job vacancies. As a Palestinian, I’m only allowed to work as a freelancer. (Palestinian Plumber, male, 52 years old, Mieh Mieh camp)

 

This situation was compounded by the Ministry of Labour initiative in July 2019 to enforce laws which required Palestinian workers to obtain permits and which penalised businesses that did not comply with the regulation. Companies fear legal repercussions for hiring Palestinian workers through inspections by the field teams of the Ministry of Labour.”

 

[Generally speaking] “Job opportunities are scarce in Lebanon, not only for Palestinians, but also for the Lebanese as well. You know what’s happening in Lebanon. Only those who have means of nepotism, or have important acquaintances- like politicians- who can support them, will be hired, while regular people who are qualified aren’t being hired. Many engineers, doctors, and well-educated people work in unbelievable types of jobs.” [Quote by a Palestinian nurse, unemployed, male, 40 years old, Mieh Mieh camp.]

 

(Source: UNDP, “Nothing and Everything to Lose: Results from a Qualitative WhatsApp Survey of Palestinian Camps and Gatherings in Lebanon”, 06 October 2020, pp. 10-37)

 

UNRWA Protection brief “Palestine refugees living in Lebanon” cited the right to work as a major protection concern. Palestine refugees in Lebanon are prevented from employment in 39 syndicated liberal professions, including medicine, law and engineering.

 

“According to available data, in 2015 the unemployment rate of PRL was estimated at 23 per cent […]. Positive changes to the Lebanese legal framework in 2005 and 2010 have in principle improved PRL’s right to access formal employment and related social protection mechanisms, removing the principle of reciprocity between countries on labour issues, allowing PRL to access 75 professions, and giving them partial access to the National Social Security Fund (NSSF). However, while PRL are required to fully contribute to the NSSF, they are not able to fully benefit from the system, as they are still excluded from family allowance and the sickness and maternity fund. They are also still required to obtain an annual work permit through a lengthy administrative process which depends on the willingness of the employer to request it from the Lebanese authorities. Syndicated liberal professions have not been required to amend their bylaws, and as a result, PRL are prevented from employment in 39 professions such as medicine, law and engineering. […]

 

(Source: UNRWA: “Protection brief: Palestine refugees living in Lebanon”, September 2020, p. 1)

The same source stated:

 

“Palestine refugees consistently report experiencing discrimination in hiring practices and opportunities for employment. They are faced with informal restrictions on the types of jobs and industries they can be hired for due to additional bureaucracy around contracts and work permits, and discrimination; in 2015, 36 percent employed in occupations such as agricultural labourers, domestic workers and construction workers Palestine refugees are often unable to access better paid positions and are paid less than their Lebanese counterparts for the same work. Beyond this, Palestine refugees face precarious working conditions including lack of written contracts and lack of employment benefits, as well as insecure job tenure. Differential treatment in the workplace is also an issue. Their precarious status vis-à-vis the Lebanese labour law, coupled with the ongoing economic crisis, has left many Palestine refugees vulnerable to exploitation. […]”

 

(Source: UNRWA: “Protection brief: Palestine refugees living in Lebanon”, September 2020 “, p. 1)

 

UNRWA observed that both Palestine Refugees in Lebanon and Palestinian Refugees from Syria face obstacles accessing the labour market.

 

“They [PRLs] are also still required to obtain an annual work permit through a lengthy administrative process which depends on the willingness of the employer to request it from the Lebanese authorities. Syndicated liberal professions have not been required to amend their bylaws, and as a result, PRL are prevented from employment in 39 professions such as medicine, law and engineering. Moreover, PRS, like Syrian Refugees, do not benefit from any labour law facilitation, even the standards applicable to PRL. As a result, 93 percent of employed PRS work in the informal private sector, leaving them vulnerable to abuse. 98 percent of PRS do not hold a work permit, and 49 per cent of PRS families report severe food-insecurity. 93 per cent of PRS households rely on UNRWA assistance as their main source of livelihood (UNRWA, socio-economic survey, 2020).”

 

(Source: UNRWA: "Protection brief Palestine refugees living in Lebanon Updated in September 2020", September 2020, p. 1)

 

Based on a Whatsapp survey in Palestinian camps and gatherings in Lebanon, the UNDP stated in August 2020 that:

 

“Rather than fierce competition for jobs amongst different nationalities, a lack of employment opportunities compounded by legal exclusion from the labour market was identified as the root cause of these problems.”

 

(Source: UNDP, “Nothing and Everything to Lose: Results from a Qualitative Whatsapp survey of Palestinian Camps and Gatherings in Lebanon”, August 2020, p. 10)

 

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 that:

 

“12.5. Restricting Palestinian refugees from accessing the Lebanese labor market

 

Lebanon’s Labor Law discriminates between Lebanese and non-Lebanese citizens. It is not sensitive to the status of Palestinian refugees in Lebanon, who fall under laws governing foreign labor. Despite the Labor Law Amendment 129/2010, namely Article 59, which exempted them from the principle of reciprocity and work permit fees, they are required to obtain a work permit in some professions that must be preceded by registering at the NSSF. The annual registration requirement leads to instability.

 

12.6. Denying Palestinian refugees the right to work in the liberal professions

 

Palestinian refugees in Lebanon are barred from working in what is called the «liberal professions» that require membership in the related syndicate. Laws regulating such professions require Lebanese nationality. For example, the Bar Association’s laws stipulate that practicing lawyers must be Lebanese for at least the past ten years. Other professions call for reciprocity and the right to practice in their country of origin, such as the Lebanese Order of Physicians (applying Decree 1659 of 1979), the Order of Pharmacists, and the Order of Engineers and Architects.

Although Amendment 129/2010 exempted Palestinian refugees from the condition of reciprocity, their denial of membership in syndicates deprives them their right to practice any of the unionized professions.

 

12.7. Denying Palestinian refugee workers their right to benefit from the NSSF

 

12.8. Law 128/2010 amended Article 9 of the Social Security Law, eliminating the condition of reciprocity. However, the amendment still denies Palestinian refugee workers their right to health benefits and family allowances, especially maternity allowances. Although Palestinian refugee workers in Lebanon who are registered at the NSSF still have to pay the full fees (23.5%) of the salary like Lebanese workers, they can only benefit from end of service indemnity (amounting to 8.5% of the total amount paid). They are forced to use private insurance, adding to the financial burdens of both Palestinian refugee workers and employers. Thus, opportunities for their employment are reduced or they are forced to work in harsh conditions at low wages and outside the protection of the law.”

 

(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, pp. 7-8)

 

“The current economic crisis affects the already vulnerable Palestine Refugee community. Employment restrictions have now worsened. Even holding a job within the informal employment sector now requires a permit from the Lebanese authorities. During a 2015 survey, only 6 % of those employed held employment permits. The PRS community in Lebanon are in legal limbo with no formalised legal stay. Having entered the country illegally or being unable to renew their previous permits, many are now trapped inside the UNRWA camps, where entry and exit in most cases is controlled by the Lebanese army. There are extremely limited and poorly paid work opportunities in the camps and the PRS survive on handouts.”

 

(Source: Danish Immigration Service, “Palestinian Refugees Access to registration and UNRWA services, documents, and entry to Jordan” June 2020, p. 56)

 

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 Prof Lex Takkenberg wrote:

 

In terms of employment, several laws and decisions by the Ministry of Labour have restricted opportunities for Palestine refugees over the years, though more recent ones, in 2005 and 2010, have brought some improvement. As of 2005, Palestine refugees are allowed to work in certain jobs that were previously restricted to Lebanese, except liberal professions that are regulated by internal bylaws that restrict non-Lebanese from practicing them. In practice, Palestinian refugees remain barred from practicing thirty-nine professions, among which are all liberal professions such as medicine, law, and engineering, and are excluded from commercial and administrative professions that do not fall in the list identified by the government. With respect to jobs open to them, despite the deductions made from their wages, Palestinian workers have generally enjoyed no social security entitlements. Two new laws of 2010 pertaining to social security and labour enable Palestine refugees to obtain work permits at no cost and earn social security benefits (such as end-of-service and injury-related indemnity) regardless of the reciprocity condition. In practice, the application of the laws is uneven. According to bylaws in force, some (p. 215) professions are still off limits for Palestine refugees, such as general medicine, dentistry, nursing, midwifery, tourist guide, and some others, and where employment is possible, obtaining a work permit still entails a lengthy process with success dependant on the goodwill of the employer. Even when Palestine refugees are not denied their rights de jure, they must still deal with the complexities of the Lebanese system, and Lebanese bureaucracy often appears to discriminate against Palestinians. As a result, most Palestine refugees in Lebanon reportedly work in menial, low-paying jobs in the informal sector and receive lower salaries than Lebanese nationals.”

 

(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, p. 276)

The same source further stated that:

 

“Lebanon is commonly referred to as the country where conditions for Palestinian refugees are the ‘worst off’ among those hosting them since 1948, and a turbulent history has marked the Palestinian presence in the country. Among the five UNRWA ‘fields’ of operation, Lebanon has the highest percentage of Palestine refugees living in abject poverty.(p. 208) This is directly linked to the marginalization Palestinians have experienced in Lebanon in the economic and social spheres. Discrimination against Palestinians in Lebanon is institutional and is entrenched in both the Tai’f Constitution and the legal system.”

 

(Source: “Francesca P. Albanese and Lex Takkenberg/Oxford University Press, Palestinian Refugees in International Law”, May 2020, Chapter 3.3.1, p. 272)

 

A submission by the United Nations Country Team as part of Lebanon’s third cycle of the Universal Periodic Review, noted that:

 

“Palestine refugees from Lebanon (PRL) are still prohibited from practicing 39 professions due to the precondition of holding the Lebanese nationality, or having to meet the reciprocity of treatment condition in order to access the profession. PRL are required to obtain an annual permit from the Ministry of Labour to work legally in Lebanon. According to the amended Labour Law 129/2010, PRL employees can obtain this work permit free of charge but it is bound to the will of their employer and requires a cumbersome administrative procedure. Furthermore, PRL workers do not benefit from the National Social Security Fund equally as per their contributions; they cannot access the sickness and maternity fund, nor the family allowances fund. In August 2019 the former Ministry of Labour adopted decision 93/1 to simplify the procedure to obtain a work permit but still the work permit is linked to the work contract.”

 

(Source: UN Human Rights Council, “Universal Periodic Review Third Cycle - Lebanon - UN Contributions: UNCT Lebanon, 2020”)