Student number 1148411
Supervisor Jeroen Doomernik
UNIVERSITY OF AMSTERDAM
GRADUATE SCHOOL OF SOCIAL SCIENCES MSc INTERNATIONAL RELATIONS
Lebanon as a ‘Safe Haven’
an Analysis of the Lack of Protection for Syrian Refugees
by
Acknowledgements
The fieldwork journey was short but arduous, a challenging time everyday while I was in Lebanon. Being an independent researcher was a big step for me, and I am glad to say that it is an experience that I will remember, but most importantly, learn from. This time last year, I was just handing in my undergraduate dissertation, sad at the fact that I was unable to do fieldwork. This year, I am happy to say that I have truly enjoyed researching and writing my Thesis.
Firstly, I would like to thank my mother, for giving me the opportunity to do a Masters program, and on top of that, allowing me to do fieldwork in Lebanon. It was a challenge to convince her, but eventually she gave in. She has always inspired me to try new things and push myself both mentally and physically.
Secondly, I want to thank my supervisor Jeroen Doomernik, whom supported my idea from the very start of the project. The experience has been second to none, with me coming back none the wiser, open minded and even more interested in migration issue in the Middle East. Making my life easier by allowing me to do independent research abroad, for me to learn my own lessons and to push my academic interest as far and wide as possible. I hope you enjoy the thesis and find it an interesting read.
Thirdly, I would like to thank the people I met in Lebanon, NGO representatives, Syrian refugees, journalists and volunteers. You all made my journey an interesting and thought-provoking experience.
Last but not least, I want to thank Sarah Janse, for putting up with me while I stressed over the preparation and writing of this thesis. Cheering me on no matter what, and
encouraging me to do this fieldwork has only been the best support someone could ask for. Your keen eye for detail and persistent perfection has motivated throughout this writing process.
Abstract
This fieldwork thesis examines the protection of Syrian refugees in Lebanon, and analyses elements that hinder the application of protection. While using Western IR theories to
discover why there is a disconnect between policy versus practice, this thesis also applies the concept of Consociatonal Democracy to explain the mechanisms of the Lebanese political structure. A deep examination of Sectarianism unravels a better understanding of the
decisions made by the Lebanese government with regard to the policies on the protection of Syrian refugees, whereas the use of human security challenges its ideas. Protection for refugees, regardless of where they are, remains a problem, and by using this case study and inductive approach, the paper identifies the key obstacle that Syrian refugees face in Lebanon.
Abbreviations
ANERA American Near East Refugee Aid
CRC Convention of the Rights of the Child
HRW Human Rights Watch
IDP Internally Displaced Persons
IOM International Organisation of Migration
LAF Lebanese Armed Forces
LCRP Lebanon Crisis Response Plan 2015-16
MoPH Ministry of Public Health
NGO Non-governmental Organisation
NRC Norwegian Refugee Council
PHC Primary Health Care
PLO Palestinian Liberation Organisation
PRS Palestinian Refugees from Syria
SGBV Sexual and Gender-Based Violence
SLA South Lebanon Army
UN United Nations
UNDP United Nations Development Program
UNHCR United Nations High Commissioner for Refugees
UNWRA United Nations Relief and Works Agency for Palestine Refugees in
the Near East
VASyr Vulnerability Assessment of Syrian Refugees
Contents
Introduction 6-8
Methods 9-10
1.Theoretical Framework 11-22
1.1 Theories of International Migration 12
1.1.1 Constructivism 12
1.1.2 Liberalism 12
1.2 Human Security 14
1.2.1 Elements of Human Security 16
1.3 Consociational Democracy 17
2. Background 23-33
2.1 Sectarianism 23
2.2 Legality 27
2.3 Palestinian Refugees from Syria 29
2.4 Syrian Refugee Impact in Lebanon 30
2.5 The Economic Impact of Syrian Refugees on Lebanon 31
3. Fieldwork Analysis 34-53 3.1 Shelter 37 3.2 Protection 39 3.3 Demographics 42 3.4 Food Security 44 3.5 Education 47 3.6 Health 49 3.7 Social Stability 51 Conclusion 54-57 Bibliography 58-60 Annex 61-77
Which empirical elements cause a lack of protection for Syrian refugees in Lebanon?
Introduction
While the number of refugees1 in the world hit an all time record high of 60 million in June 2016, Syrian refugees account for the highest percentage of this diverse group (Edwards 2016). The ongoing war in Syria and its victims have been a hot topic for quite some time, especially within Europe. This region has been forced to cope with the consequences of the sudden influx of refugees, whereas the so called ‘Syrian refugee crisis’ was already a pressing issue in the Middle East from 2011 onwards (Akram et al. 2015). Noticeably, Lebanon has specifically been hit hard by the crisis, as an unprecedented number of Syrians have sought refuge in the already unstable country. Precisely, “one in four persons in Lebanon is displaced from Syria’’ (UNHCR 2015), which excludes the number of roughly 500,000 unregistered Syrian refugees and Palestinian Refugees from Syria (PRS). In turn, this leads to the question how the international community and the hosting countries like Lebanon, Turkey, and Jordan deal with the growing number of refugees. Therefore, the main focus of this thesis will be on the protection of Syrian refugees in Lebanon, which subsequently leads to the following research question: which empirical elements cause a lack of protection for Syrian refugees in Lebanon?
As will be shown by an analysis of secondary data, policy documents, observations and interviews, the refugees face severe protection gaps due to the lack of a clear and formal policy on the entry, stay and legal processes. The biggest gap in the protection of Syrian refugees is their uncertain and time-limited legal status inside Lebanon. This includes
elements of a personal identification status and the inability to record births causing children to be born without the possibility of obtaining a formalised identity. Moreover, it also includes, but is not limited to, the inability to record and register marriages, and the physical safety of refugees and the inability to access assistance, which will be further discussed in the following chapters (Akram et al. 2015).
While its importance has been widely acknowledged, the issue at hand has not been the centre of attention, and does not seem to be one in the near future, in terms of the
academic discipline of migration studies. Articles have been written about the topic of Syrian refugees, but in small quantities, and mostly through normative studies. This is not to say research as such is not of utmost importance, but a qualitative analysis as used for this thesis allows for a different perspective than previous studies. This thesis incorporates both the past
1 For the purpose of this thesis, the concept of refugees will be viewed as ‘’people fleeing conflict or persecution. They are defined and protected in international law, and must not be expelled or returned to situations where their life and freedom are at risk ‘’ (UNHCR 2016)
and present context of Lebanon, bringing in history, culture and the political structure to create a better and more comprehensive understanding of the situation of Syrian refugees in Lebanon.
For the purpose of this thesis on the issue of Syrian refugees in Lebanon, specific attention will be given to the protection of those refugees, with a focus on the approach of UNHCR, NGOs and the Lebanese government towards the issue. Research in the legal, political and practical framework on the protection of Syrian refugees in Lebanon will shed light on not just policies, but the practical implications of the policies that supposedly should benefit and protect the refugees. By deconstructing the involved agents (UNHCR, NGOs, Lebanese government), it will allow for a generalized view of to what extent the Syrian refugees are being protected, the limitations of the agents themselves as well as the policies. Using policy documents, the legal aspects UNHCR brings, interviews and observations will allow for a multi-dimensional and comprehensive perspective of the issue at hand.
Currently, there has been research on Syrian refugees in Turkey, Europe, and even Palestinians in Lebanon but it seems to be that the Syrians in Lebanon are not analysed all too often, which might be because it is a more recent issue and the general focus is on (finding a solution to) the conflict in Syria rather than its victims, including refugees. Nonetheless, the latter remains a current issue, with significant importance in regard to dealing with the growing number of refugees. The case study will bring about possible solutions or at least provide directions towards solving the problems Lebanon faces with the influx of Syrian refugees, but most importantly, it will help understand if policies are in fact, transferred to positive practicality. In turn, if positive practicality is improbable, it shows current policies are ineffective and change is needed.
For the purpose of this thesis, History, Law and Political Science will be the disciplinary perspectives. An interdisciplinary approach allows for an enhanced but also reliable research in terms of a neutral and comprehensive point of view, as it covers more aspects than one perspective would. Moreover, this acknowledges the idea that protection does not just lie in history, law and political science, but that the need to understand all three paradigms is essential to fully understand the issue of protecting refugees in the case of Lebanon. While there is a necessity for actors like the international community, the government, and NGOs to cooperate on such a topic, there also is the need for a mutual understanding for an effective policy driven initiative that is productive and effective. As will be shown, theory shapes policy. However, while there is assistance of institutions such as UNHCR, which seems to try and help with the policy implementation, and cooperation with
NGOs and host nations, there is potential to do much more for the protection of Syrian refugees in Lebanon.
Even though “Lebanon is not a party to the 1951 Refugee Convention or its 1967 Protocol, primarily because it opposes resettlement of Palestinians”2 (Akram et al. 2015, p. 293), it is party to a number of human rights treaties, which incorporate some of the norms expressed in the 1951 Refugee Convention and which advise Lebanon’s obligations to
refugees from Syria. However, because Lebanon is not party to the Convention, its provisions may not necessarily be incorporated by the government in terms of policies when dealing with Syrian refugees. Lebanon lacks a comprehensive domestic legal framework to guide the treatment of refugees. In the absence of any official written policy, the 1962 Entry and Exit Law3 has some limited reference on forcible returns, and Lebanon acknowledges the
obligation of non-refoulement4 (Akram et al. 2015). The government of Lebanon states that the Syrian refugee crisis is not governed by their legal essence, but by unpublished Council of Ministers’ decisions allowing for uncertainty to pertain (Akram et al. 2015).
As the Lebanese Government does not legally recognise the Syrians on their soil as refugees in need of protection, the absence of a formalized policy of protection makes the application of non-refoulement highly ambiguous, which allows for the infringement of human rights to occur. It is true that respect for human rights does not just come from law, but with law, the possibility for accountability and proper protection arises. The legal aspect allows for guaranteed protection, a more solidified sense of responsibility and persecution of those that do not obey. An extensive analysis of existing theories and data will show that for the case of Lebanon, the utmost important factor that provides protection to Syrian refugees is their legal status. A domestic policy that restricts freedom of movement, limits the
individuals’ ability to gain protection on all levels, and inhibits practical solutions from the international organisations. 2 “The 1951 Refugee Convention is the key legal document that forms the basis of refugee protection, signed by a 144 State Parties, it defines the term ‘refugee’ and outlines the rights of the displaced, as well as the legal obligations of States to protect them’’ (UN General Assembly 1951) 3 “The domestic legislation that governs refugees in Lebanon is essentially the Law Regulating the Entry and Stay of Foreigners in Lebanon and their Exit from the Country, which was enacted in 1962’’(Law Library of Congress 2016) 4 Non-refoulement is defined by the International Organisation for Migration (IOM) as the principle of ‘’international refugee law that prohibits States from returning refugees in any manner whatsoever to countries or territories in which their lives or freedom may be threatened’’(IOM 2014)
Methods
In this thesis, a qualitative analysis will be used rather than quantitative methods due to the purpose of the research being an exploratory one. This is to gain an understanding of the reasons and motivations of policy and practice on the issue of dealing with the Syrian refugees in Lebanon and to gain an understanding of the underlying reasons behind the governmental decisions made. This research project will not only compare policy and practice, but also analyse its execution. As the protection officer for UNHCR stated in the interview, the purpose of UNHCR in Lebanon is to facilitate with the government in creating policies that protect the Syrian refugees. I aim to provide insights and show that policies are not what they should be, and uncover the realities of how policies that seem to protect Syrian refugees on paper, are in fact not beneficial to them in practice (Bernard, 2000).
At first, the research was running in a deductive manner, as I was trying to apply theory as the starting point and reach a conclusion to my research question, but through fieldwork, it made me realise that to fully understand the elements that cause a lack of protection for Syrian refugees in Lebanon, one needs to look outside the theory of
International Relations. The observations and interviews guided me to a different perspective, which led me to focus on Consociational Democracy and Sectarianism. Sectarianism is not a theory, but in the case of the context of the Syrian refugee crisis in Lebanon, while answering my research question, it also puts forth that sectarianism should be considered a theory and, thus, is used as one. This in turn changed my research to be an inductive qualitative study, as I try to fill the gap of explaining the Middle Eastern political structure in the case for Lebanon (Trochim 2006).
The plan before the fieldwork was to gather a small sample size, with a focus on interviews with UNHCR personnel, NGO representatives, Lebanese government officials and Syrian refugees. The fieldwork research consisted of interviews and observations for a period of two months. However, due to time constraints and recipients not wanting to provide an interview (in the case of the Lebanese government officials), their perspectives will not be omitted, but instead incorporated in this thesis through the analysis of their policy documents. The reason for the small sample size is the duration of the conducted fieldwork, alongside the limited time to transcribe, write up and analyse the results. Despite this limitation, the
interviews will give an insight into the essentials that are needed to answer the research question of ‘which empirical elements cause a lack of protection for Syrian refugees in Lebanon?’
with a focus on the topic of the organisation of UNHCR and NGOs, and protection policies. Questions will be based both on policies of UNHCR and of the Lebanese government, while not undermining Lebanese national law. While the primary focus is on the political aspects of the issue at hand, the perspective of law is important to bring in to allow for a
multidimensional approach, which leads to a better understanding of the context.
In regards to the Syrian refugees, interviews took more time in the sense that they were ill informed about specific policies, and for that not to skew results, time was taken to explain about relevant policies when needed, which was based on the research methods of Johnson & Christensen (2008). The interviews with the Syrian refugees were done in Arabic, which is why they were by a native Lebanese speaker. For the sake of consistency, I have used the same translator for all interviews. However, because Syrian and Lebanese dialect differs slightly, some context may have been lost in translation. This does not take away the validity of this research for the arguments and their context remain unchanged.
The analysis will compare theory and its application, for the reason that policy derives from theories and, as will be argued, it does not necessarily transfer to practice. The findings will not be conclusive to the extent of providing complete recommendations for future policy implementations. As will be shown by this thesis, there is room for improvement in the case of policies with regard to the protection of Syrian refugees in Lebanon for both UNHCR and the Lebanese government.
While using the method of content analysis on the Lebanon Crisis Response Plan (LCRP) 2015-16 policy document, the interviews and observations will either support or challenge the policies to see if the implementation has progressed in the way it is supposed to. Inductive research, meaning analysing the results of empirical research through interviews, will help answer my research question, as I will prove that the current policies for Syrian refugees in Lebanon in fact, do not translate into protection in reality (Bernard 2000).
The limitations of this research are the absence of interviews with the Lebanese government officials. This is down to their unavailability to speak, even though I offered to send them the questions. Despite this, government policy in the form of the LCRP is used to represent their decisions made, and potential implementation. The interviews with UNHCR personnel and Syrian refugees were not recorded, upon their request, but notes were taken in forms of short summaries. The interview quotes represent as close as possible to the responses gathered, even with the language barrier being a problem at times.
1. Theoretical Framework
The occurrence of Syrians in Lebanon is nothing new, but this research looks further than that as the recent influx has changed the longstanding dynamics of the Lebanese society. Syrian’s have worked and lived in Lebanon for decades, but their newly profound presence has
become a hot topic as a result of the Syrian conflict of 20115. Since then, Lebanon has seen an unprecedented increase in Syrian refugees entering the country, which in turn has been
perceived by the Lebanese society as a problem that needs to be solved. At the present time, the refugee crisis in Europe is not to the scale compared to the one in the Middle East, where only five countries (Turkey, Lebanon, Jordan, Iraq and Egypt) have taken in refugees
amounting to more than 4.5 million people (Amnesty International 2016). The international community has stepped in to help, but so far, there has been little progress in dealing with the Syrian refugees in Lebanon, which is why this thesis will discuss the reasons behind this problem for the reason that when the application gap of policies is understood, a better policy can be created which in turn would lead to a more enhanced policy on the protection of Syrian refugees in Lebanon.
Applying a theory to the issue of the Syrian refugees in Lebanon is not easy, due to history, the political structure, and the various institutions and actors at play. While that is the case, this thesis will deconstruct theories and concepts to help understand the issue at hand. Akram et al. (2015) identifies this and argues that there must be a change in how the Syrian refugees are being dealt with in Lebanon, by both the government and the international community. While various research, policy documents, and response plans lack relevant theory behind their perspectives, this thesis will aim to challenge the policies through more than classical theory and suggest that practical solutions go hand in hand with theory for dealing with refugee issues.
This research will make use of different theories and concepts to create a better understanding of the topic, and start a debate in the realm of dealing with refugees in a complex State, i.e. Lebanon.
5 The Syrian conflict refers to the ongoing crisis in which ‘’more than 11 million [Syrians] have been forced from their homes as forces loyal to President Bashar al-Assad and those opposed to his rule battle each other - as
1.1 Theories of International Migration 1.1.1 Constructivism
Socialization of nations leads to the formation of collective identities that overcome the security dilemma6 among States. Regimes and institutions are integral parts of international institutions that have a transformative impact on State behaviour. Constructivism helps focus on key ideas that underpin the international refugee regime, such as human rights,
humanitarian interventions, and human security, and their diffusion and impact on policymakers, as they search for new approaches and solutions to the problem of forced migration.
The focus of constructivism on the functioning of international rules and institutions in a constitutive manner, stretching further than the generally accepted liberal perspective, allows us to gain a more extensive agenda for involved agencies related to forced migration, such as UNHCR, as the constructivist idea specifies criteria to judge the agencies’ objectives (Wolfrum 2011). The constructed identity is an essential factor to understand how the
refugees and Internally Displaced Persons (IDP) relate to their new environment, whether inside temporary safe havens or permanent homes of asylum (Akram et al. 2015).
The use of constructivist theory will allow for a better understanding of the working of UNHCR and NGOs. In this case study, the constructivist approach assists in comprehending the structure of the international institutions that are being looked at. The functions and roles of the international institutions are down to nations accepting these forms of identity, as Wendt (2000) mentions. We see this form of constructivism occur in the case study of this research when States and other actors work with UNHCR, but it is challenged because of the need for cooperation and understanding from the host nation as Lebanon required to adapt to UNHCR policies and norms. However, Lebanon is not held accountable for its infringement on the lack of protection for Syrian refugees on the international level. This thesis will look at the international community that comprises UNHCR and on the other hand, the State of Lebanon that aims to protect its sovereignty.
1.1.2 Liberalism
The focus of Liberalism is on the cooperation between States, while understanding the umbrella of an international order. With an increasingly economic interdependent modern 6 In Political Science and related disciplines, the security dilemma entails that ‘’because there are no institutions or authorities that can make and enforce international laws, the policies of cooperation that will bring mutual rewards if others cooperate may bring disaster if they do not. Because states are aware of this, anarchy encourages behavior that leaves all concerned worse off than they could be, even in the extreme case in which all states would like to freeze the status quo’’ (Jervis 1978)
world, international institutions and democracy become a State’s priority and prerogative. The theory’s focus on the mechanism of cooperation and view on the international order brings into play the idea of security (Deudney & Ikenberry 1999). This liberal view takes into
consideration new forms of threats on the international rather than solely on the national level, such as violations of human rights in and outside of war, and economic crises, which affect both the domestic as well as the global order. International institutions such as UNHCR play an increasingly important role as the facilitators of implementing policies in terms of
governing forced migration (e.g. focused on protection issues), which in turn highlights the significance of institutions as pointed out by liberalism. Despite this, the liberalist perspective on the issue has had great difficulties with putting the normative elements of the theory into practicalities with regard to policy responses on the protection of Syrian refugees of liberal democracies.
The theory of liberalism is used to showcase Lebanon as a liberal State, though that is challenged by the political structure of the Lebanese government, which will be touched upon briefly. Analysing the Syrian refugees in Lebanon will need to take liberalism into account as a perspective because of the relationship between Syria and Lebanon through history, but also at present, due to the fact that both are generally seen as sovereign liberal States on the
international level. Understanding the relationship of Syria and Lebanon will help in
unpacking the position of the Lebanese society, as well as the government in their stance on how to deal with the Syrian refugees. With a bilateral agreement from 20087, the Syrian regime recognised the sovereignty of Lebanon and allowed for the freedom of movement between the States (Murtazin 2008). Despite this, liberalism allows for the examination of both States, their responsibilities to their citizens and the policies put forward in dealing with the current crisis.
For the purpose of this thesis, policies created by the Lebanese government will be best looked at through a liberalist perspective due to the nature of the strategies used in dealing with the Syrian refugees as it is mostly dealt with by Western, thus liberal, actors. Taking into account the history of the relationship between Syria and Lebanon, the policies put forward by the government of Lebanon portray a sense of protection for the State and thereby Lebanese individuals, rather than for the Syrian refugees.
7 In the diplomatic relations between the authorities of Lebanon and Syria, Syria recognised Lebanon as a sovereign and liberal on 15 October 2008, sixty years after gaining its independence from France
1.2 Human Security
Human security, a theory of the Copenhagen School, is a part of the liberal theory within the construct of international relations due to three factors. Firstly, the primary focus is on the individual rather than the State as it acknowledges the difference between State security and security for the individual citizen. In turn, the theory of human security supports this idea of prioritizing the security of the individual over the security of the State while acknowledging the tension between those actors (Adelman 2001; VanMunster 2005).
Secondly, human security is closely related to human rights, as both have correlating if not, identical principles and foundations. Subsequently, the theory, often including
humanitarian interventions within definitions of the theory’s objectives, falls under the idea of liberal internationalism (Paris 2001).
This theory is significant because it explains that the essential elements needed for the protection of individuals while liberalism and constructivism help us deconstruct the
international organisations and the State. By using this theory, the individual’s protection is much more accounted for rather than the collective, as other theories would suggest. The refugees should not merely be seen as numbers by the international community and Lebanon, but need to be assessed as individual human beings, for this allows to incorporate rights as focus on refugees as a collective dehumanises individuals by default. Hence, according to human security, the protection of refugees is of utmost importance.
The definition of human security is split into two perspectives, with those seeing it as “freedom from want” in the sense that human security is beyond just the safety from violent threats. It looks at elements like poverty or environmental disasters as part of the wider security issues that are important and should be incorporated into the definition (Owen 2004). Whereas the other definition is explained as “freedom from fear”, which some scholars have criticized as a very narrow perspective due to its only focus on violent threats (Owen 2004). The importance of this difference is that one may use this discrepancy between the two definitions as a reason to disprove human security but actually, there are those whom accept both to complement and solidify the idea. The concept of human security was eloquently phrased by Floyd (2007, p. 40) as,
“generally speaking, however, human security is the idea that the individual is at the receiving end of all security concerns, whereby security is understood as freedom from want and/or
freedom from fear”.
Human security is ideal in providing a way of analysing to what extent the Syrian refugees are being protected. As mentioned, the theory does vary; its main focus is on the welfare of individuals. While the Syrians in Lebanon are defined as ‘displaced individuals’ by the Lebanese government, the international community refers to them as refugees. It is
important to understand that, regardless of how they are labelled, they must be seen as human beings while creating policies. This is essential with regard to understanding their basic needs.
It is understood that the theory of human security has two main problems; “first, the theory lacks a precise definition” (Paris 2001, p. 88) and “second, the most ardent backers of human security appear to have an interest in keeping the term expansive and vague” (Paris 2001, p. 88). Despite these two issues, human security is still essential in this debate, and will shed light on the findings for the theory will be applied in the analysis of policy
implementation. Lacking a precise definition, is not necessarily a negative notion, when in fact applying it to something like the refugee problem in Lebanon, the vagueness allows for flexibility and in essence, this is a positive. In itself, the term refugee constricts the human being, and vagueness of the term human security allows for the constrictions to be taken away. The second problem should not be seen as such, because human security is a new idea, and it should adapt with the times we live in. This in turn allows for a more real-time analysis to what is happening in the world when applied, but also is adaptable to real life situations. A report by the United Nations Development Programme (UNDP) stated that security “has for too long been interpreted narrowly: as security of territory from external aggression, or as protection of national interests in foreign policy or as global security from the threat of nuclear holocaust… Forgotten were the legitimate concerns of ordinary people who sought security in their daily lives” (UNDP 1994, p. 22).
While the report brings in the new idea of human security, and tries to acknowledge the need for a more individual level of analysis, the proposal still lacks precision stating,
“human security can be said to have two main aspects. It means first, safety from such chronic threats as hunger, disease and repression. And second, it means protection from sudden and hurtful disruptions in the patterns of fail life – whether in homes, in jobs or in communities” (UNDP 1994, p. 23).
1.2.1 Elements of Human Security
The report by the UNDP, tries to integrate what is needed for human security, with seven elements that comprise of: economic security, food security, health security, environmental security, personal security, community security, and political security (UNDP 1994) (Paris 2001). These elements (Figure 1.1) seem broad but they are
distinct in their nature, and by applying this theory to the analysis of protection for the Syrian refugees, it creates a better understanding and scope of what is missing for them. The
elements (Figure 1.1) themselves can be analysed on their own, but together form a
comprehensive view of human security. Thus, analysing the specific elements will allow for determining to what extent human security is present and ensured in policies on the protection of Syrian refugees Lebanon.
First, economic security is the self-determination from poverty, though depending on where one lives, the poverty line varies and is hard to distinguish as poverty in itself differs from place to place and time to time. Second, even though the element of food security seems very self-explanatory, this is less so because explained by the report of the UNDP, it is access to food, which is sometimes hard to understand on the practical level (UNDP 1994). Health security, the third element, is not just about the access to healthcare, but also the prevention from diseases, which is often neglected by humanitarian agencies when looking at the protection of humans in developing countries.
Although the fourth element of environmental security may also often be overlooked, it is highly relevant in terms of the protection of the environment for sustainability and also to make sure that the future resources are not depleted. A more self-explanatory element is personal security, which entails the physical safety of human beings from war, torture, domestic violence, criminal attacks, and even traffic accidents. Though this element does cover a vast amount of ‘security’ aspects, this does reiterate its lack of focus, but it is also open to change in the modern world.
The next two elements, community security and political security, are often forgotten Figure 1.1 Elements of Human Security (Tham 2016a)
and, if not, rarely focused on. Community security is essential for the survival of ethnic groups and traditional cultures, especially the physical aspect of them. Alongside this, the freedom from political oppression and the accessibility of civil and political participation is as important, and should be protected.
All elements of human security should be seen as a prime way to analyse the Syrian refugees in Lebanon, as refugees are individuals to be seen as any other but lack protection on all fronts as will be shown in this thesis. Policies and State responsibilities for dealing with refugees in dealing with the refugees should take into account human security and all the elements it entails. By incorporating the elements of human security, the protection of refugees, in this case the Syrian refugees, is put first while they are seen as individual human beings and not merely as numbers to be controlled.
1.3 Consociational Democracy
In this chapter, I will introduce the notion of Consociational Democracy, a pluralistic theory that will help explain the workings of the Lebanese political system. The importance of understanding the Lebanese political system is vital because decision-making stems from it, and by understanding that, when analysing the results of the findings, one will comprehend the importance of such an element for the protection of Syrian refugees.
Lebanon’s political structure to this day is still considered a Consociational
Democracy, also known as a Confessionalism system of governance (Dekmejian, 1978). It is vastly different from the other four models of Middle Eastern political systems (patrimonial, corporatist, liberalism and nationalist-authoritarian) that do not address the vertical solidarist formations, which Consociationalism attempts to do. Consociationalism is “a stable
democratic system in deeply divided societies that is based on power sharing between elites from different social groups” (Saurugger 2013). Because “Consociational democracy can be found in countries that are deeply divided into distinct religious, ethnic, racial, or regional segments—conditions usually considered unfavourable for stable democracy” (Saurugger 2013) it is used in this thesis to analyse Lebanon’s political system? As mentioned, the model still exists today, and in turn, affects the Syrian refugees directly through the importance of power balance and the policies that are created. Several theorists in the field of modernisation and political culture in the 1950s-1960s implied that ethnicity and religion were “primordial, parochial orientations, and that modernisation was steadily eroding them” (Hudson 1997, p. 104). This idea was challenged when theoretical attention turned to a new idea of ‘power-sharing’ in the political sphere. The contributions of Arend Lijphart (1977) and Eric
Nordlinger (1972) among others brought the notion of “Consociational Democracy”, which helps explain the political system of Lebanon in the case of analysing the protection of Syrian refugees. “Consociationalism involves government by a cartel of ethnosectarian elites, which can manage their respective ‘flocks’ and get along with each other” (Hudson 1997, p. 105). This is the prime reason why Lebanon still functions to this day as will be evident throughout this thesis, with politics and religion still held to the highest light.
Lijphart identifies four key characteristics of Consociational Democracies, namely, grand coalition, mutual veto, proportionality, and segmental autonomy. Firstly, the setting that political institutions require significant segments to participate in common decision making can be seen as different ‘pillars’ or ‘political parties from different religious
backgrounds’ in the case of Lebanon. The need for all parties of the broad political spectrum to agree before anything can be done is the prime idea of grand coalition. Secondly, the need for consensus among the parties is essential, in turn delivering a majority rule. This is further explained by the idea of mutuality, where if one group blocks another group, logically, the other group will block the matter of the first group in return, creating a mutual veto. The third characteristic, proportionality, explains that population constructs representation. If one pillar accounts for 20% of a society, then the same percentage should be applied in national and civic positions. Finally, segmental autonomy means that there is an acceptance of
individuality, but also that different culturally based community laws are followed. “Lebanon is the only Middle Eastern country to have engaged in explicit political engineering to
develop structural modus vivandi for its several sectarian communities” (Hudson 1997, p. 106).
Understanding consociationalism leads to the understanding of how sectarianism works in Lebanon and the major part it plays in the Syrian refugee problem that is being looked in this thesis. “Instead of promoting a monolithic national identity, the Consociational State rests upon distinct ethnosectarian ‘pillars’ – a confederation of protected identity groups” (Hudson 1997, p. 105). Consociational Democracy “derives its theoretical
significance from the relationship it establishes between political culture and social structure on the one hand and political stability on the other hand” (Lijphart 1969, p. 207). While the theoretical significance is stated here, Lijphart believes that both political culture and social structure relate to political stability, not one or the other. The basis of this concept originates from Almond’s typology of democracies, which focuses on the ideas of ‘overlapping
psychological cross-pressures resulting from membership in different groups with diverse interests and outlooks lead to moderate attitudes” (Lijphart 1969, p. 208).
The idea of cross-pressures does not just focus on the bulk of a group, it is also
applicable to elites, which in the example given by Lijphart are leaders of political groups that are heterogeneous and have overlapping memberships find ways to accept reasonable
positions. These positions normally are in the context of political institutions. Though it is argued that
“when, on the other hand, a society is divided by sharp cleavages with no or very few overlapping memberships and loyalties – in other words, when the political culture is deeply fragmented – the pressures toward moderate middle-of-the-road attitudes are absent” (Lijphart 1969, p. 208-209).
The argument of stability is important in a democracy, especially when used in the context of a transitional democracy, of which Lebanon is considered as one. Stability comes in more ways than one, and in turn, it is seen as an essential aspect for a democracy to be successful. While the two variables political culture and social structures is key to a stable democracy, Lijphart introduces a third one, which is the behaviour of political elites. This is applicable in various fragmented, but stable democracies, which he calls ‘Consociational Democracies’. “Sectarian elites became indispensible oligopolistic patrons to their sectarian cliental
constituencies, politically ‘inheriting’ sectarian public offices” (Salamey 2009, p. 84). In the case of Lebanon, this is very applicable, due to the power of Sects in the political structure and the power between Christians and Muslims being split, as will be discussed in detail in the chapter of Sectarianism.
The notion of Consociational Democracy includes understanding the idea of size, based on the game theory assumptions of states that
“in social situations similar to n-person, zero-sum games with side payments [private
agreements about the division of the payoff], participants create coalitions just as large as they believe will ensure winning and no larger” (Lijphart 1969, p. 215).
In the case for Lebanon, this is very true in the political structure of how power is split, but also how decisions are made, as there needs to be consensus with different Sects. There are four requirements of a successful Consociational Democracy, with the first being “that the
elites have the ability to accommodate the divergent interest and demands of the subcultures” (Lijphart 1969, p. 216), and this is seen by the example of the division of March 8th Alliance
and March 14th Alliance8. Both the alliances are a coalition of various political parties, which strive for similar aims within the umbrella group, but the individual political parties also have their own political agendas that they want to achieve, in turn, accommodating their
subcultures.
The second component “requires that they [the elites] have the ability to transcend cleavages and to join in the common effort with the elites of rival subcultures” (Lijphart 1969, p. 216). This is possible, due to the coalitions of March 8th and March 14th, where the political parties to this day, are still working with other political parties, while accommodating to their subcultures. For example, the alliance of March 8th, where the Free Patriotic Movement (Maronite Christian) works with Hezbollah (Shi’a Muslim). Despite belonging to different Sects, they come under the same political umbrella of coalition, and hold seats in the Parliament together, enabling them to both have a voice. Another example would be the alliance of March 14th, which shows the cooperation between the Future Movement (Sunni
Muslim) and the Kataeb Party (Maronite Christian). These examples are to show that the elites work with other elites, trying to accommodate to their subcultures.
This does not mean a political party does not move from one alliance to another, as shown by the Free Patriotic Movement, which used to be in the alliance of March 14th, and changed to another in 2005. This movement shows the willingness of elites to align with other elites on similar beliefs of how the nation should be run. Another requirement, as posed by Lijphart (1969, p. 216), “depends on their commitment to the maintenance of the system and to the improvement of its cohesion and stability”. This was challenged by the National Pact of 19439 that led to the creation of the Ta’if Accord of 1989, also known as the Document of National Reconciliation10, which is still used today (Hudson 1999; El-Khazen 1991). The final requirement is ‘’the assumption that the elites understand the perils of political
fragmentation’’ (Lijphart 1969, p. 216), which the above-mentioned requirements are based on. Certainly, this understanding still stands today, which is why it is an essential aspect
8 The March 8th Alliance of 2011 and March 14th Alliance of 2005 refer to coalitions in the Lebanese parliament between different political parties (Lutz 2009; Whatley 2011) 9 ‘’ The verbal understanding that was reached in 1943, which came to be known as the National Pact, embodied Lebanon's 'dichotomous' unity: internal unity within Lebanon, and Lebanese unity vis-a-vis the outside world, mainly Syria (then the major actor in Lebanon's regional order), and France (then the major colonial power in Syria and Lebanon)’’(El-Khazen 1991) 10 ‘’The implementation of the Ta’if Accord, which was signed on October 24th, 1989, failed to resolve Lebanon’s sectarian segmentation. Despite ending the countries’ civil war, the adoption of the Ta’if Accord has deepened sectarianism in Lebanon as the government tries to ignore the procedure the Accord is proposing to eliminate such problem’’ (Hudson 1999)
needed to understand the protection rights of Syrian refugees in Lebanon. Each Sect has their subcultures to look after, but what needs to be understood for the purpose of this thesis is that the subcultures are not just domestic; they run through external neighbouring States as well (i.e. Syria and Iran).
Lebanon has always had external threats or influences, which, to this day is still evident and plays an important role in the running of the State. Inter elite cooperation is key to the establishment and maintenance of such a fragmented
political system shown in
Figure 1.2, which is evident in Lebanon. There are three aspects that help this cooperation to be a success, with the first being “the existence of external threats to the country” (Lijphart 1969, p. 217). Lebanon, through history, has always had external threats, which comes from Syria and Israel, its bordering States, and more recently also from Iran. This threat is not just external in the physical sense, but plays a part in domestic politics too, with regards to the political parties that they align with and support financially (e.g. Iran financing Hezbollah).
The cartels of elites are normally strengthened during conflict, which was seen with the case of the Lebanese Civil War from 1975-1990, and is still present nowadays. Power politics from external influences only strengthens the internal need for unity and cooperation. Not only does this happen on a mass level, but also within the subcultures, where the bond between leaders and followers are solidified. Another factor that is favourable to
Consociational Democracy is the “multiple balance of power among subcultures” (Lijphart 1969, p. 217), as proven by the willingness and apt reality of different political parties
working together as mentioned previously. The idea of a balance of power or a subculture that is a clear hegemon is not applicable, meaning that to some extent, there is an equal facet of who holds power in Lebanon. On face value, it is essential for the public to see that they are being represented, either through the media or even in the areas that are controlled by specific parties. However, this is challenged with internal politics of what happens behind closed
doors in parliament. An example of this would be the initiatives like the LCRP created for the Syrian refugees, if they are passed and implemented or not is down to power politics. This factor is interesting, because normally, when one group is in the majority, most likely the leaders are rather dominate than cooperative, but in this case, it begs to differ. “The stability of Lebanon is partly due to its productive economy and the social equilibrium it has
maintained so far, but it may not be able to continue its successful consociational politics when the burdens on the system increase” (Lijphart 1969, p. 219), of which the failures of the protection for Syrian refugees is one example, as we will see later on in this paper through the analysis.
The Lebanese political system is argued to be “attuned to incessant adjustment among primordial groups rather than policy planning and execution” (Hudson 1967, p. 836). In turn, its “apparent stability…is deceptively precarious: social mobilization appears to be
overloading the circuits of the Lebanese political system” (Hudson 1967, p. 836). Lehmbruch (1967, p. 9) explains that the case of Lebanon “shows that the preservation of the inner
equilibrium presupposes a reduction of external demands to the political system”.
In short, the concept of Consociational Democracy leads to an understanding of how the political structure came to be in Lebanon and the inner-workings of a sectarian State trying to achieve liberal values when working with international institutions and relevant actors, such as UNHCR. For the purpose of the analysis, one needs to understand on what historical basis the policies are being created, thus the political structure. In turn, this understanding will allow for policy recommendations as will be discussed below.
2. Background 2.1 Sectarianism
Sectarianism
“is a modern constitutive Foucauldian socioeconomic and political power that produces and reproduces sectarian subjects and modes of political subjectification and mobilization through a dispersed ensemble of institutional, clientelist, and discursive practices” (Salloukh et al. 2015, p. 3).
The sectarian subjects in this case are the different political groups that form the foundations of the government in Lebanon. Understanding that the individual turns its interests away from the State, and channels its loyalties towards sectarian societies should expand this definition further. Due to this distorted perspective, viable alternatives for political economy and
ideology are hard to come by, and fail to challenge this sense of living (Salloukh et al. 2015). Sectarianism in Lebanon creates a class system, comparable to various societies around the world, with religion and politics intertwining. This class system is inherent to history, the present and the possible future, but is now being challenged by the refugee crisis. To understand how Lebanon perceives the refugee crisis, it is important to be familiar with the sectarian history as it draws on objective reasons rather than subjective misunderstanding. By looking into sectarianism in Lebanon, we are able to gain in-depth knowledge on the context, and become familiar with the inherent structural problems that lie within their governmental and societal systems.
“Sectarianism also serves as a country-wide patronage system that enables an otherwise discordant alliance of political and economic elite to maintain their control over the economy; it perpetuates a lopsided economic model privileging investment in the tertiary sector at the expense of the productive sectors, it protects existing business cartels, and impedes the emergence of a trans-sectarian working-class consciousness and concomitant interest-based rather than identity-based political affiliations” (Salloukh et al. 2015, p. 3).
With the clientelist (i.e. the political parties and its follows) being an important factor in sectarianism, it solidifies the fact that the political structure is dysfunctional where
make the State accountable to its general citizenry or to make citizens loyal and accountable to the State, beyond the morality of the highly personal relationships legitimated by kin moralities” (Salloukh et al. 2015, p. 4).
Sectarianism cannot be analysed by either Liberalism or Constructivism, as it is so complex in its formation of how the political system intertwines with religion. Despite this, it is of utmost importance to get a better understanding of the context of sectarianism in Lebanon and its refugee crisis as the findings of this research will highlight the pivotal role of sectarianism in the issue at hand.
The sectarian political system of Lebanon originates from the upheavals of 1839-40 in Mount Lebanon where commoners challenged the Ottoman reforms. The coinciding
dynamics allowed for the development of a new political order based on sectarian
associations within its nature (Makdisi 1996). The first two religions that set the groundwork for this political structure were the Druze and Maronites, setting into motion the division of power between two religious sects trying to balance supremacy. This division did not last long, and in 1860, a bloodbath was inevitable. Mount Lebanon’s “geography, political, and administrative affairs were henceforth divided along explicit sectarian lines and loyalties” (Salloukh et al. 2015, p. 14). As a result, it created two divisions of religious Sects with one being Christians and the other being Muslims.
From 1864 – 1913, the percentage of Christians (consisting of Maronite, Greek Orthodox, Greek Catholic, and others) was much higher than Muslims (consisting of Shi’a, Sunni and Druze) in terms of the Sects, but after 1913, this changed drastically through the years. This marked a turning point in Lebanese politics internally but also externally, which was instrumental in determining the role of an exacerbated independent Lebanon, namely an “external intervention in Lebanon’s domestic affairs, and domestic actors aligning with external ones against local opponents” (Salloukh et al. 2015, p. 14). With the population increasing, the ratio of Christians to Muslims changed drastically. In 1913, the total
percentage of Christians was 79.4% of the Lebanese population with 20.5% being Muslims, contrasting with the statistics of 2011, where 34.9% were Christians to 65.1% Muslims. This was a major shift within the demographics of the Lebanese population, but the political structure remained the same. Even now, there still is a disproportional representation for Muslims as they are the minority in parliament, yet the majority in terms of population.
“Most significant for the State’s future sectarian politics were the national and cultural cleavages implanted when Greater Lebanon was formed, and later inherited by the independent Republic of Lebanon in 1943” (Salloukh et al. 2015, p. 15).
With the growth of the country in terms of space and population, sectarianism became an integral part of Lebanese politics both consciously as the political game remained the same and unconsciously as political ideas are ingrained, lacking rational thought. This fact is important as it paves the way to understanding the research being done here. Alongside theories, interviews, and observations, the history of Sectarianism does not only play a part in how and why the Syrian refugees are being treated the way they are, but also potentially why it will not change in the near future as this research will show.
Moreover, the comparison of cultural identity and historical heritage will play a significant part in the analysis. The creation of identity overlapping cleavages from sectarianism stems to “two culturally contradictory conceptions of the national identity, expressed in the form of Lebanism and Arabism, or Lebanese and Arab nationalism
respectively” (Salloukh et al. 2015, p. 15). As time moves on, under the new governmental structure, both the Christian and Sunni representatives came together and created the 1943 National Pact. This institutionalized agreement was their way of cooperating and living amongst each other, which on the larger picture, is a treaty between Syria and Lebanon. The 1943 National Pact was the backbone of how the Lebanese governmental institution would be distributed in terms of its powers between the different sects.
As mentioned before, external influence was not short in Lebanese politics, as it was shaped by the wants and needs of the Arab nations surrounding the country. The religious sects and political parties still play a part as their sponsorship is funded by these neighbouring States with benevolent agendas, mainly a power struggle. Through the 1950s to 1970s, the neighbouring States used and abused the complex and weak political system in Lebanon, as the system’s permeability to transnational ideology was a weakness that many sort to benefit from. The penetrability of this system allowed for domestic parties to involve external benefactors greatly, which later was a source of major conflict. In 1958, an “example of the devastating effects of overlapping domestic and regional contests on Lebanon’s stability” (Salloukh et al. 2015, p. 118) was shown, through the 1985 civil war.
“A combination of mounting confessional tensions, regional turmoil, and intense American-Soviet rivalry exploded in the form of a short but not insignificant war in Lebanon” (Salloukh
et al. 2015, p. 18).
This tug of war from external States was overlapping the problems that lied and still do, deep inside Lebanon, especially the one of power politics of the Sects.
The struggle between the Christian and Muslim community in Lebanon was evident to the outside world and the nation itself. However, through time, it slowly showed, with the outbreak of the civil war, disclosing
“the failure of the National Pact to manage the inherent contradictions of Lebanon’s confessional politics, ones that were exacerbated by overlapping domestic and external contests” (Salloukh et al. 2015, p. 20).
The civil war was one that involved sectarian sub-communities, which had their own military power. The Lebanese Armed Forces (LAF) diminishing grip over Lebanon’s territory,
succumbing to the Palestinian Liberation Organisation (PLO), the Lebanese Arab Army and the South Lebanon Army (SLA), showed this. As a result,
“military zones and spheres of influence emerged and changed hands rapidly, sometimes in cyclic patterns, as Syria, Israel, and other regional and international players, engaged in proxy wars over Lebanese soil” (Salloukh et al. 2015, p. 20).
It is paramount to understand the workings of sectarian States, and that of Lebanon specifically, because regardless of whether policies to protect Syrian refugees work, or not, the main argument is about power politics between the Christians and Muslims. Unless sectarianism turns into secularism, in the context of the Syrian refugee crisis in Lebanon, there will always be a stumbling block for the policies to protect them. Sectarianism is often seen as a transitional stage towards a democracy. However, as Lebanon’s history has shown, it is incapable of dividing religion and politics, making the transition highly unlikely to take place completely. Sectarianism will play a key role in the analysis by understanding that policy, despite the stumbling block of sectarianism, does not necessarily have to be ineffective, but, rather, that it is of utmost importance to take this notion into account.
2.2 Legality
As mentioned, Lebanon is not a party to the 1951 Refugee Convention or its 1967 Protocol. Therefore, Lebanon consequently does not give refugee status to individuals who would otherwise qualify for it under international law. Moreover, all entry and stay procedures are usually implemented in accordance with local law and additional regulations imposed by the General Security11 which is under the Ministry of Interior (General Directorate of General Security 2016). Nonetheless, the Lebanese government is still bound by customary
international law on the treatment of refugees, as well as international human rights law that prohibits non-refoulement.
As one of my interviewees from UNHCR pointed out, the Lebanese government adopted a policy paper on 23 October 2014, to stop the influx of Syrian refugees into Lebanon and decrease the number of refugees that were already in country. While it stopped short of specifying the exact measures to be taken to implement this new policy, the General Security issued a ruling requiring entry permits for all Syrians entering Lebanon. This policy,
implemented on 5 January 2015, would eventually be one of the main problems the Syrian refugees would face in terms of protection issues as will be explained in the following sections (Amnesty International 2015).
‘’Under the new regulations, Syrians applying to renew their residency permits are sorted into two groups: those registered with UNHCR and those who are not. Syrians in both categories are required to pay an annual $200 renewal fee per person’’ and failing to do so would mean that they are in Lebanon illegally (Human Rights Watch 2016, p. 9). The new policy also means that children under the age of 15 are able to renew their documents for free, with their application being linked to the head of the household’s legal position. This
translates to the fact that the child’s father has to have the required documentation and pay the renewal fee, of which if he is unable to do so, the child is ineligible to renew as well. This implies that even though the policy acts as a protection for the child, the need for the parents to be able to afford their application deems the purpose of this ‘protection’ invalid (Human Rights Watch 2016).
Those that are registered with UNHCR have to provide their registration certificate (i.e. a UNHCR Registration Certificate) to the government, alongside a written pledge not to
11 The General Security office is inter alia in control of Media Censorship and Foreign Services, which makes them responsible for monitoring the entry of foreigners to Lebanon, their stay, their residence, and their departure, attempting ,therefore, ‘’to ensure their security’’. They also deliver permanent and/or
work during their stay in Lebanon (Human Rights Watch 2016; Amnesty International 2015). It needs to be noted, as my UNHCR interviewee stressed, that in the summer of 2015, the Ministry of Foreign Affairs ordered UNHCR to stop registering Syrian refugees in Lebanon, both new and old. This is important because the government of Lebanon wants to make sure they keep the amount of registered Syrian refugees low on paper, which then disregards their needs and attention on the wider scale.
Both the interviewee and NGOs as Amnesty International and Human Rights Watch (HRW) noted that upon arrival, the Syrians whom have not registered with UNHCR need to prove a signed sponsorship from a Lebanese national or from a registered entity that supports their stay in terms of obtaining a work permit (Human Rights Watch 2016; Amnesty
International 2015). The sponsors play a big part in the livelihoods of the Syrian refugees because the moment they decide to stop sponsoring them, the refugees lose their legal status and are at risk of arrest or deportation. This consequence shows that the Syrian refugees lack protection in the legal sense.
On top of the renewal fee of $200, an extra $75 per person needs to be accounted for, including photocopying documents, transportation costs and the administrative charge
(Human Rights Watch 2016; Amnesty International 2015). Bearing in mind the hefty amount of $200 per person for renewal, and the average family size of a Syrian family as being large12, this cost is highly improbable for many families and is seen as a policy to deter the refugees. Even if the proper process is taken into account and followed, the application still does not guarantee a successful renewal. According to the HRW, roughly 40-50% of applicants are denied (Human Rights Watch 2016). Despite the lack of data from the Lebanese authorities, NGOs and refugees themselves in the interviews have stated and estimated that the majority of the refugees lack the legal status due to this policy, and in turn, are in danger of being imprisoned or sent back to Syria.
This policy was aimed to both prevent Syrian refugees staying in Lebanon, and inadvertently push them out of Lebanon, but reports show that this has not been the case (Human Rights Watch 2016; Amnesty International 2015). During an interagency meeting at the Ministry of Social Affairs in October 2015, UNHCR reported that the majority of onward movement from Lebanon to Europe was transit directly from Syria, as my interviewee noted. This meant that the government’s policy for inadvertently pushing the Syrian’s out was ineffective, and that the refugees making their way to Europe were the ones who were
12 The average family size of Syrian families is 5.3 persons with an average of 2.2 children per household (Regional Refugee & Resilience Plan 2016b)
financially capable to be self-sustainable. Those whom were relying heavily on humanitarian assistance had no choice but to stay.
The interviews done with UNHCR and various NGOs have showed that the refugees in Lebanon are the ones that are financially stricken, rather than those who had enough money to leave for Europe, and lack the money to move on to Europe or even as far as neighbouring States like Egypt, Jordan or Turkey. Due to the lack of financial support for the refugees, it is estimated by my UNHCR interviewees, that the majority of them will stay in Lebanon without legal status, resulting in a mass population of undocumented and unprotected Syrian refugees exposed to human rights violations.
Thus, from the perspective of legality, the need for residence renewal and the lack of financial support are the problems, which leads to the lack of protection in terms of legal stay. This shows that the policy with regard to legality could be improved, to better assist the most vulnerable refugees that do not have the financial terms for the renewal of documents, in turn protecting them from deportation. Therefore, it becomes evident that this policy lacks human security elements and in turn, infringes on the rights of refugees. Legal protection plays a key role in the survival of a refugee in Lebanon, which we be showed in following sections, for it affects the components of access to education, health, etc.
2.3 Palestinian Refugees from Syria
When looking at the Syrian refugees in Lebanon, one needs to take into account that there are also Palestinian refugees fleeing from Syria with more than 500,000 accounted for before the Syrian Civil War (Human Rights Watch 2016). The issue needs to be discussed because the residency renewal procedures for the PRS differ from Syrian refugees, as it is much harder for the PRS to gain legal status, compared to the Syrian refugees (Human Rights Watch 2016).
The renewal fee of $200 per person is still the same, but it is only valid for three months, less than the permits for Syrian refugees, and is only a one-off renewal. This creates the same protection issues Syrian refugees face, whom also cannot afford to gain legal status . HRW (2016) estimates that there have been 42,000 PRS coming to Lebanon, who need assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA), on top of the estimated 270,000 Palestinian refugees that were already in Lebanon because of the Israel-Palestine crisis. In May 2014, even stricter rules were implemented for PRS, making it impossible for any to enter Lebanon legally, which by the international community may be perceived as harsh and inconceivable (Human Rights Watch 2016).
Overall, the legality issue does not just comprise of protecting Syrian refugees. The government’s policies need to protect PRS as well, due to their extreme vulnerability of not being eligible for UNWRA services. For a realistic analysis of current policies, it needs to be taken into consideration that Lebanon already hosts Palestinian refugees as a result of the Israeli-Palestinian conflict for more than 60 years, despite the help of UNWRA. In turn, Iraqi refugees, the new Syrian refugees and PRS have affected local communities, especially municipalities that do not receive financial support from both Lebanon or the international community in providing public services for the most vulnerable Lebanese nationals, let alone the refugees.
2.4 Syrian Refugee Impact in Lebanon
Compared to its neighbouring countries Lebanon has been, and still is, affected the most by the Syrian conflict. Drawn from the policies of the government of Lebanon, UNHCR and NGOs, the issue is portrayed as purely a humanitarian burden for Lebanon, while this thesis shows that the problems lie even deeper, such as the power balance of Sectarianism and the survival of the State. The Lebanese Foreign Minister had his take on the issue stating, “Lebanon’s existence and identity are at risk as a result of the influx of refugees” (Davies 2014). As of 2015, the number of Syrian refugees constituted roughly 25% of the Lebanese population of 4 million. Before the Syrian crisis, there were already 500,000 Syrian migrants in Lebanon (Ferris et al. 2013). This is significant because such an influx has an enormous impact on the Lebanese State.
The Syrian refugees have come into Lebanon, which inter alia already hosts
Palestinians and Iraqi refugees, creating more strain on the country, and “making Lebanon the country with the highest concentration of refugees per capita worldwide” (Mencütek 2015, p. 2). However, Lebanon lacks the legal framework and administrative capacity to deal with refugee governance, hence the need for external help from the international community, UNHCR and other agencies.
‘’The government of Lebanon refers to individuals who fled from Syria to Lebanon after March 2011 as ‘displaced’’’, whereas
‘’the United Nations characterizes the flight of civilians from Syria as a refugee movement, and considers that these Syrians are seeking international protection and are likely to meet the refugee definition’’(Government of Lebanon & the United Nations 2015, p. 1).
