Lebanon: Whether a Lebanese citizen who did not fulfill his military service prior to the abolition of compulsory military service faces any consequences
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 10 February 2010 |
| Citation / Document Symbol | LBN103353.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Lebanon: Whether a Lebanese citizen who did not fulfill his military service prior to the abolition of compulsory military service faces any consequences, 10 February 2010, LBN103353.E, available at: https://www.refworld.org/docid/4e02e7462.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Clause 8 of Law number 665, which was issued on 4 February 2005 and is posted on the Lebanese army website, states, "Cessation of the prosecution of the defaulters of the military service and all the pursuits and sentences regarding them shall be dropped immediately after the issuance of this law" (Lebanon n.d.). However, representatives of human rights organizations and the Embassy of Lebanon in Ottawa indicate that Lebanese citizens who did not fulfill their military service prior to the abolition of compulsory military service in 2007 may face arrest (Alkarama 12 Jan. 2010; CLDH 17 Jan. 2010; Lebanon 8 Jan. 2010).
In correspondence with the Research Directorate on 17 January 2010, the president of the Lebanese Center for Human Rights (Centre libanais des droits humains, CLDH) stated that according to Article 107 of the Lebanese Military Criminal Code, someone summoned for compulsory military service had to comply within nine days during peace time and within three days during a time of war. According to the President of CLDH, the Code states that infractions to this obligation are punished with a prison sentence of three months to two years during peacetime and two to five years during war (CLDH 17 Jan. 2010). However, in 12 January 2010 correspondence with the Research Directorate, a researcher for the Beirut office of Alkarama for Human Rights, a non-governmental organization (NGO) based in Switzerland which promotes human rights in the Arab world (Alkarama 26 Apr. 2007), stated that many of the sentences issued by the military tribunal in Beirut for draft evasion of compulsory military service were for prison sentences of one to fifteen days or the payment of a fine of approximately 200 Lebanese pounds (134 US dollars). The Researcher provided an example where a person who did not fulfill his military obligation was sentenced on 4 January 2010 to imprisonment for five days (Alkarama 12 Jan. 2010).
According to the President of CLDH, there are some exceptions to compulsory military service which can be raised with the Lebanese authorities, such as if someone has been studying or living abroad for five years (CLDH 17 Jan. 2010). In 19 January 2010 correspondence with the Research Directorate, the Director of the Moshe Dayan Center for Middle Eastern Studies at Tel Aviv University stated that if a Lebanese citizen who lives abroad can obtain a certificate from the Lebanese embassy which states that he has lived outside Lebanon for over 10 years, then he can visit Lebanon without any problems (Moshe Dayan Center 19 Jan. 2010). However, the Director noted that in other cases, the person might be arrested or required to serve in the army (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Alkarama for Human Rights. 12 January 2010. Correspondence with a researcher.
_____. 26 April 2007. "About Us." <<http://en.alkarama.org/index.php?option=com_content&view=article&id=12&Itemid=74> [Accessed 9 Feb. 2010]
Centre libanais des droits humains (CLDH). 17 January 2010. Correspondence with the President.
Lebanon. 8 January 2010. Embassy of Lebanon in Ottawa. Correspondence with the Consul.
_____. N.d. Lebanese Army. "Military Service. Law Number 665 Issued in 4 February 2005."
Moshe Dayan Center for Middle Eastern and African Studies, Tel Aviv University. 19 January 2010. Correspondence from the Director.
Additional Sources Consulted
Oral sources: Attempts to reach a representative of the the Lebanese Armed Forces was unsuccessful within the time constraints of this Response.
Internet sites, including: Amnesty International (AI), Coalition to Stop the Use of Child Soldiers, European Country of Origin Network (ecoi.net), Factiva, Human Rights First (HRF), International Crisis Group, Legislationline, Middle East Forum, Middle East Media Research Institute (MEMRI), The Mideast Monitor, Office of the United Nations High Commissioner for Refugees (UNHCR) Refworld, United States (US) Department of State's Country Reports on Human Rights Practices for 2008, War Resisters' International (WRI), Washington Institute for Near East Policy.
