| For a summary of Lebanon’s review at the first cycle please click here. |
23rd UPR session
Date of review: 2 November 2015
Date of report adoption: 22 December 2015
Document number: A/HRC/31/5
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SUMMARY SOGIESC issues during Lebanon’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
19. JS8, JS18, AI, JS24 and JS21 recommended to immediately cease arrests of individuals who are perceived to be LGBT under Article 534 of the Penal Code that criminalizes consensual sexual activities.
Right to life, liberty and security of the person
38. […] They documented cases of torture and other ill-treatment by the army, including military intelligence, and non-state armed group. JS17 and JS18 noted that marginalized individuals are at particular risk of torture as a consequence of cultural, political and social exclusion and discrimination. These include, among others, migrants, refugees, asylum seekers, members of the LGBT community, journalists, and suspects of terrorist acts. HRW noted that a number of detainees, including lesbian, gay, bisexuals and transgender individuals, were subjected to ill-treatment and torture.
42. AI, JS18, JS21 and JS24 stated that Lebanon has failed to implement a directive from the Minister of Justice in 2012 calling for an end to the practice of anal examination to determine whether a person has engaged in anal sex and recommended implementing the existing laws that forbid those practices used under Article 534 of the Penal Code to discriminate against LGBTs.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
56. JS8 commended the liberal notifications system by the law on associations while in the last three years, they observed that several notifications were refused and the illegal prior investigation are being used to prevent the creation of new association which deal with “problematic issues” such as torture prevention or LGBT. JS18 and JS21 recommended implementing the necessary policies and regulations to allow the legal registration of LGBT organizations. JS17 noted that restrictions are placed on organizations considered by the religious authorities as “outlawed” and recommended lifting all security considerations hampering the creation of associations that limits the work of human rights defenders.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
16. UNHCR noted that homosexuality was criminalized under article 534 of the Penal Code and that there was a high number of incidents of discrimination and violence based on sexual orientation and/or gender identity in Lebanon. The country team recommended that Lebanon remove article 534 from the Penal Code, and UNHCR recommended amending the 1925 law governing attribution of nationality in Lebanon to remove gender discriminatory provisions.
IV. References to SOGIESC issues during the Working Group review
61. As for sexual orientation, although article 534 of the Penal Code stated that sexual intercourse contrary to nature was punishable, two court decisions had indicated that article 534 did not apply to homosexuals. The judiciary had played an important role in preventing and opposing acts of violence or discrimination against lesbian, gay, bisexual and transgender persons.
V. Conclusions and/or recommendations
Lebanon noted the following recommendations:
132.93 Repeal Articles 487, 488, 522 and 534 of the Penal Code (Slovenia);
132.94 Ensure maximum attention to the protection and enjoyment of equal rights for the lesbian, gay, bisexual, transgender and intersex population (Chile);
132.95 Decriminalise homosexuality and ensure non-discrimination on the basis of sexual orientation and gender identity (Norway);
132.96 Promote the protection of the lesbian, gay, bisexual, transgender and intersex community (Spain);
132.97 Secure the human rights of lesbian, gay, bisexual and transgender persons by amending Article 534 of the Lebanese Penal Code and by codifying a protection against the discrimination of lesbian, gay, bisexual and transgender persons into law (Sweden);
132.98 Reform existing laws that can be used to discriminate against lesbian, gay, bisexual, transgender and intersex persons, including article 534 of the Lebanese Penal Code criminalising “sexual acts against nature” (Austria); Repeal article 534 of the Penal Code (Spain); Repeal Article 534 of the Lebanese Penal Code, which criminalizes homosexuality, and pass legislation to prohibit discrimination based on sexual orientation or gender identity (Canada); Revise article 534 of the Penal Code so that its scope is clearly defined and that it does not discriminate against persons on the basis of their sexual orientation and gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Lebanon’s second review at UPR-Info and OHCHR’s websites.