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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 is the 2021 Decision by the Minister of Labour, Moustafa Bayram, relating to employment of Palestinians in Lebanon?

On 25 November 2021, the Lebanese Ministry of Labour signed Decree Decree no. 1/96: in relation to professions that should be limited to Lebanese only and signed by the Minister Mustafa Bayram.44 As noted in the following article published by Arab news in December 2021, the decision to allow Palestinian refugees to work in additional sectors that were previously closed to them.

 

“Labor Minister Mustafa Bayram finalized the decision on Wednesday, but it has been met with criticism, particularly from the Christian right, which has launched a campaign against the minister.

 

The decision allows Palestinian refugees — many of whom are doctors, lawyers and nurses — to work in the managerial, business, tourism, industrial, information, health, education and service sectors.

 

It includes “Palestinians born in Lebanese territories, born to a Lebanese mother or married to a Lebanese citizen, and non-registered Palestinians who were born in Lebanon,” but forbids them from joining state security services or free profession syndicates.” […]

 

A source examining the right of Palestinian refugees to work in Lebanon told Arab News that former labor minister Trad Hamadeh tried to push through a similar decree that was canceled by the next prime minister.

The source said: ‘There is no specific mechanism for the adoption of a ministerial decree.

 

‘Bayram’s decision does not affect Palestinians whose specializations require membership in powerful syndicates. These syndicates also prevent Lebanese who are not members from practicing their professions.

 

‘Bayram’s decision does not affect Palestinians whose specializations require membership in powerful syndicates. These syndicates also prevent Lebanese who are not members from practicing their professions.

 

‘This decision only allows the use of Palestinian labor in professions that do not require advanced degrees. These are modest craft and manual professions that the Lebanese do not want to work in.

 

‘Simultaneously, this decision prevents a social crisis in the camps as a result of the economic collapse and many unemployed young Palestinians turning to drugs and theft. In other words, it is a decision to defuse the situation.

 

‘Palestinian refugees contribute to Lebanon’s economy; thousands of them are paid in dollars by the Palestine Liberation Organization or international organizations and they spend their money in Lebanon.’

 

In a press conference on Friday, Bayram said: ‘What was prohibited by the constitution and laws is still prohibited for the non-Lebanese. Foreign workers in all sectors work under an exception license issued by the labor minister. However, the Lebanese people have the priority in all professions.’

 

He added: ‘90 percent of people criticizing us have not read the whole decision. The Lebanese worker holds the priority, and the exception is granted to the foreign worker. Some sectors do not appeal to the Lebanese, such as the construction and agriculture sector, where we gave foreign workers priority.

 

‘The decree gives Palestinians privileges by exempting them from having a work permit and allowing them membership of social security. We are in trouble in the job market and trying to fill the gaps. The Lebanese market needs foreign labor.’

 

(Source: Arab News, “Anger in Lebanon as Palestinian refugees granted work rights”, 10 December 2021)

 

In December 2021, AlAraby, an international Arabic newspaper and website, wrote about an amendment to the Lebanese Labour law, which was signed on 25 November 202145:

 

“On Wednesday, the Lebanese Minister of Labor, Mustafa Bayram, took a decision to integrate Palestinians into the official economy, by lifting the ban on work in many sectors, including pharmacy, public transport, engineering and any other professions that require union membership. The new decree will allow “Palestinians born on Lebanese soil and officially registered with the Ministry of Interior” to work in professions that have been officially prohibited for them for decades.” [In-house translation. The author is an Arabic native speaker]

 

ORIGINAL SOURCE:

 

اهنيب ،تاعاطقلا نم ديدعلا في لمعلا نع رظحلا عفر للاخ نم كلذو ،يمسرلا داصتقلاا في ينينيطسلفلا جمدب ارارق ءاعبرلأا ميرب ىفطصم نيانبللا لمعلا ريزو ذختاو يمسر لكشب ينلجسلماو ةينانبللا ضيارلأا لىع نيدولولما ينينيطسلفلل“ ديدجلا موسرلما حمسيسو .ةيباقن ةيوضع بلطتت ىرخأ نهم يأو ةسدنهلاو ماعلا لقنلاو ةلديصلا

.دوقع ىدم لىع ايمسر مهيلع ةروظحم تلظ يتلا نهلما في لمعلاب ،”ةيلخادلا ةرازو ىدل

 

(Source: AlArab.co.uk: “Lebanon eases restrictions on Palestinian refugees’ work in a world of work stalemate”, 10 December 2021)

The Lebanese Newspaper L’Orient Le Jour published similar news two days before:

 

“The Minister for Labour, Moustapha Bayram has modified the rules in place that concern the professions that are reserved for Lebanese citizens, authorising Palestinians to work in union-regulated professions.

 

The ministerial decree, as reported by the National Information Agency, will permit to Palestinians born on Lebanese soil and officially registered with the Ministry of Interior to work in professions that require registration with a union, such as medicine, law, engineering or public transport- professions from which they have previously been excluded.

 

(...) However, not all of these professions will immediately open for Palestinians according to this new decision, as some of them require legal changes, while others require a change in the status of the unions so as to allow non- Lebanese workers to enter their realm.” [In-house translation. The author is a French native speaker]

 

ORIGINAL SOURCE:

 

“Le ministre libanais du Travail Moustapha Bayram a modifié mercredi les règles en vigueur concernant les professions réservées aux ressortissants libanais, de manière à autoriser les Palestiniens à travailler dans des professions réglementées par des syndicats.

 

Le décret ministériel publié, tel que rapporté par l’Agence nationale d’information (Ani, officielle), permettra aux

«Palestiniens nés sur le territoire libanais et officiellement enregistrés auprès du ministère de l’Intérieur» de travailler dans des professions nécessitant l’adhésion à un syndicat- comme la médecine, le droit, l’ingénierie ou les transports publics- dont ils étaient auparavant exclus.

 

[…]Toutefois, toutes ces professions ne seront pas immédiatement ouvertes aux Palestiniens en vertu de la nouvelle décision, car certaines d’entre elles nécessitent soit des modifications juridiques, soit des modifications du statut des syndicats pour que les travailleurs non libanais soient autorisés à travailler dans ces domaines.”

 

(Source: L’Orient-Le Jour, “Les Palestiniens peuvent désormais exercer des professions nécessitant l’adhésion à un syndicat”, 8 December 2021)

 

The National, an English language publication covering news in the Middle East wrote:

 

“Lebanon on Wednesday removed barriers for Palestinian refugees to access some of the local labour market, but most white-collar jobs remain barred without a Parliament vote.

 

The decree, published on the Labour Ministry’s website, says Palestinians born in Lebanon, as well as non-Lebanese with a Lebanese mother or married to a Lebanese citizen, are now allowed to work in professions managed by Lebanese orders and syndicates.

 

But it remains to be seen whether orders and syndicates will choose to amend their rules to allow Palestinians to work. “The majority request reciprocity,” said Abdelnasser El Ayi, project manager at the Lebanese-Palestinian Dialogue Committee, an inter-ministerial body headed by the prime minister’s office. This remains impossible as long as there is no Palestinian state.

 

Laws governing jobs organised by order, such as engineering, medicine, pharmacy and law, can only be changed by lawmakers in Parliament, Mr El Ayi told The National.

 

Syndicated professions, including nursing or physiotherapy, may be governed by a government decree or by a law voted by Parliament.”

 

(Source: The National, “Palestinian refugees in Lebanon granted limited access to job market”, 8 December 2021)