Birthright citizenship is just one more American privilege that I did not give much thought to before I moved to Lebanon. “Birthright citizenship” refers to the principle that a person automatically becomes a citizen of the country in which he or she is born.
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment. This amendment provides, in part, that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”[1] In other words, a person whose mother gave birth while in the U.S. illegally has citizenship rights equal to a person whose family has been lawfully in the U.S. since the signing of the Declaration of Independence.
Unfortunately, not all countries are willing to extend citizenship automatically to everyone born within their borders. Instead, some countries limit the grant of citizenship to the descendents (and sometimes spouses) of their citizens. And in Lebanon, it appears that only male citizens can confer citizenship.
Lebanon enacted its nationality law in 1925. Under this law, a person is a citizen of Lebanon if he or she: 1) has a Lebanese father, 2) was born in Lebanon and it is proven that he or she did not acquire a foreign nationality through his or her parents, or 3) was born in Lebanon and his or her parents are unknown or the parents’ nationality is unknown.[2] (Charafeddine at 28.)
Lebanon’s nationality law conflicts with the principles of equality articulated in both international and Lebanese law. For example, Article 1 of the United Nation’s Universal Declaration of Human Rights acknowledges that “[a]ll human beings are born free and equal in dignity and rights.”[3] Similarly, Article 7 of Lebanon’s constitution provides: “All Lebanese shall be equal before the law. They shall equally enjoy civil and political rights and shall equally be bound by public obligations and duties without any distinction.” But even more important than the fact that the Lebanese nationality law appears to be illegal, is fact that the law inflicts devastation on the lives of families made up of Lebanese mothers and non-Lebanese fathers.
There have been about 18,000 marriages between Lebanese women and non-Lebanese men. (Charafeddine at 17.) It is estimated that 41,400 children have been born as a result of these marriages. (Id. at 18.) Because Lebanese women cannot confer their nationality upon their children, the Lebanese government does not recognize these children as Lebanese citizens.
Noncitizens living in Lebanon do not have the right to public education or public health care, they have no right to work, and they cannot vote. Lebanon also restricts the amount of property foreigners can own, so a person’s not being Lebanese can interfere with his or her ability to inherit.[4] In addition, non-Lebanese citizens are also subject to deportation—even though they may have been born in Lebanon and spent their entire lives there. Indeed, one mother described having to pay large sums of money in order to secure residency permits for her children despite the fact that such permits are purportedly free. (Kawzally.)
One man whose mother is Lebanese and whose father is Palestinian reported that his lack of citizenship prevents him from planning for his future, traveling, and doing the kinds of things that people with a country take for granted. (Mahdawi.) He also stated that he did not “want to have children because they would be ‘born invisible. It’s like [non-citizens] don’t exist.’” (Id.)
Recently, there have been significant efforts to have the Lebanese Parliament amend the nationality law. (Kawzally.) But in my limited experience, change happens slowly in Lebanon. Accordingly, the international donor community should pressure Lebanon to modify its nationality law at once.
SOURCES
Charafeddine, Fahima. Predicament of Lebanese Women Married to Non-Lebanese, United Nations Development Program / Lebanese Women Rights and Nationality Law Project (2009). http://www.undp.org.lb/communication/publications/downloads/mujaz_en.pdf
Kawzally, Sally. “Lebanese Women Sue for Naturalization Rights,” Menassat (April 28, 2009). http://www.menassat.com/?q=en/news-articles/6446-lebanese-interior-minister-supports-campaign-my-nationality-right-me-and-my-famil
Mahdawi, Dalila. “‘Invisibles’ Fight for Recognition in the Eyes of the State,” The Daily Star (December 14, 2009). http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=31&article_id=109753#axzz17zzi5CKQ
Mahdawi, Dalila and Rizk, Carol. “Landmark Ruling Granting Citizenship to Children of Lebanese Mother Overturned,” The Daily Star (May 19, 2010). http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=115007#axzz181cSgL2A
[1] It is also possible for an American parent to confer citizenship automatically on his or her child born outside the U.S. if the conditions set forth in the Child Citizenship Act of 2000 are met. These conditions include: 1) one of the child’s parents being an American citizen, 2) the child’s being under the age of 18, and 3) the “child[‘s] . . . residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.” 8 U.S.C. § 1431.
[2] It should be noted that there is a provision in the nationality law that seems to allow a Lebanese mother to confer nationality on her children if their father dies before they reach adulthood. (See Charafeddine at 28.) I, however, saw one news article about a Lebanese woman who brought a lawsuit to get citizenship for her children after their Egyptian father died. Although the trial court concluded that the children should be Lebanese citizens, the court of appeals overturned the decision. (Mahdawi and Rizk.)
[3] It is interesting to note that although Lebanon signed the U.N.’s Convention on Elimination of All Forms of Discrimination against Women, it later opted out of several articles of the convention—including the article granting women an equal right to confer their nationality to their children. (Charafeddine at 30.)
[4] Husbands in about 22% of the marriages between Lebanese women and non-Lebanese men are Palestinian. (Charafeddine at 20.) Lebanon prohibits Palestinians from owning property in Lebanon. Thus the inheritance rights of the children from these Lebanese-Palestinian unions are effectively nonexistent. (See Id. at 23.)
