Nationality is one of the most complicated issues of human rights, which entitles a human being the legal status to afford him/her the privileges and obligations for acquiring full citizenship. All international declarations and agreements assert that everyone has an equal right of acquiring or changing a nationality. This right has a paramount importance in the realization of other essential human rights. It actually confers diplomatic protection on the home country and is often a legal or functional prerequisite for exercising basic rights. As a result, the right to nationality has come to be known as the "right to have rights." Despite that Lebanon has adopted the Convention on the Elimination of All Forms of Discrimination Against Women in 1996, reservations were made to article 9 (2), which reports the following: "States Parties must provide women with the same rights as men when it comes to the nationality of their children," beside other legislations that jointly amount to blatant discrimination against Lebanese women. In Lebanon, married women's nationality is regulated by Decree No. 15 of January 19, 1925, amended by the law of January 11, 1960. This regulation is obviously discriminatory against Lebanese women, since it prevents them from passing their nationalities on to their children or foreign husbands.

Furthermore, the current law links nationality to the soil, asserting that "any person born on the territory of great Lebanon is considered Lebanese," and that "a child is deemed Lebanese if the child’s father is Lebanese." That is the law allows Lebanese men to transfer their nationality on to their children and foreign wives, however this right is not granted to Lebanese women if their husbands are not Lebanese. Consequently, these children face many daily and legal hurdles since they are denied their rights of occupying a certain job, joining unions and syndicates, owning or inheriting lands, gaining social benefits, and further various rights contingent on the Lebanese nationality. The main reason behind tackling this topic is because it is currently an aggravating hidden issue in Lebanon and a great concern to Lebanese women.

On the other hand, we are in the twenty-first century, so it is past time to change this patriarchal ideology and to discuss such hidden issues by bringing them to the negotiating table because Lebanese women, who give their children all love but not citizenship under the nationality law, are asking for an immediate amendment not as a favor they desire to attain but rather as a right to be returned. The aim behind this article is to examine the roots of this law, its direct impacts on spouses and children, the political and social reasons hindering its amendment, and seeks to address the implications of such an amendment by devising a clear roadmap to minimize the drawbacks of updating the law.

Tackling the Reasons Hindering the Amendment of the Law

   From a legal viewpoint, the Lebanese constitution asserts that all citizens regardless of their gender are equal before the law in terms of their rights and duties. The truth, however, is very different, and the country's laws include aspects that are unequal, inequitable, and incomprehensible. Even though Lebanon is a signatory to the CEDAW documents, Lebanese law does not fulfill the conditions of international treaties that require all people to be given equal rights. The reasons given for delaying the update of the law usually revolve around preserving the demographic balance, or else issues like "the right of return" and the consequent "non-nationalization" policy against Palestinians. Allowing such an amendment would increase the risk of women being used by foreign men for benefits, as well as will encourage more Lebanese women to marry foreigners. If women will have the power to confer nationality, they would ‘destroy' the country's fragile sectarian equilibrium, resulting in yet another battle. From a political view, preserving the demographic equilibrium preserves safer elections for Lebanese citizens, along with a noticeable respect for “the right of return” and the consequent “non-nationalization” policy towards Palestinians and Syrians. However, while Lebanese women are prohibited from giving their nationality to their children, Lebanese men who are getting married to foreign women are still granted this right. How can we ignore the fact that the numbers are escalating drastically vis-a-vis men’s power to marry up to four women? Isn’t this contributing to a demographic disequilibrium? According to Equality Now and Professor Dima Dabbous what applies to women should apply to a man and this is basically the concept of gender equality, and thus when we assume that the reason is demographics and sectarian then this should also apply to men marrying non-Lebanese women. This fear of demographics is not related to really wanting to know demographics, because there is no study or data that proves that we are still a 50/50 country. Why is it that a Lebanese father can pass on his nationality but a mother cannot? This legislation is overtly biased against Lebanese women and cannot be justified for any other reason, as children of Lebanese mothers with foreign paternity should have equal citizenship rights as children of Lebanese fathers with foreign maternity. Human Rights Watch (HRW) also claims that the reason is "clearly discriminatory," since it does not apply to Lebanese men who marry foreigners, up to four wives. As Mr. Hadi Abou Al Housson, a member of the current Lebanese Parliament, phrases it the Lebanese mother carries her baby for 9 months and when he/she sees light nationality divides them. This is not acceptable neither from the humanitarian aspect nor the moral one as thus, amending the current nationality law should no longer be delayed; real actions should be taken towards changing it from its roots. For this reason, there should be a clear roadmap to be able to amend this law because women are anticipating it not as a favor to be granted, but rather a right to be returned. 
 

The Roadmap

   This law must be updated and amended but not with the current situation there should be a clear roadmap which is devised based on the combination of the steps offered by, Dr Dima Dabbous, Mrs. Claudine Aoun, and Mr. Hadi Abou Al Housson. The above bills should be presented to the parliament’s general assembly. The fear of opposing parties must be addressed as giving the right for women should not put their identity and personal rights at risk. If giving a person their right will prevent you from yours, the problem is with the government not the person. Even while giving women their rights to give their children their nationality, we should set well defined laws protecting the country from any fraud (e.g. marriage blancs). There should be a strong youth movement and the new generation should be aware to only vote for people who are really willing to put gender equality and human rights as a number one concern on any negotiating table.  This amendment will never take an easy road, as thus having a civil society will solve the problem from its roots not only for nationality but also religion. What should be done is more lobbying from the parties that are with the amendment and the civil society made of NGOs and educated people, working hand in hand will constitute a pressure on the Lebanese parliament and thus will lead eventually to bringing this hidden issue on the table as it is very necessary to talk about it in order to be able to take actions towards amending the law. Civil societies should redirect their efforts toward finding sustainable solutions to the barriers of amendment, because removing those barriers will not only lead to the amendment of the law but also improves the different sectors in Lebanon. It is also important to include women on the negotiating table because the future of this law depends on bringing women in and we have to remember that this is not something nice to do but rather it’s a necessity to have fully integrated empowered women leaders who know their leadership and life energy force through understanding of their sexuality. Finally, we need gender sensitization as we have to integrate gender and human rights in everything we discuss, so when we try to find solutions to any problem we should always keep in mind two major vital things: “gender equality and human rights”. 

Conclusion    

   Why shall the Lebanese woman always pay the political and sectarian price? Aren't foreign women married to Lebanese men an important element in political calculations? Isn't it past time to depoliticize the principle of gender equality? Equality before the law is a means to social integration, not an end in itself. Discrimination based on sex or religion among a state's citizens causes a disruption in the relationship between the citizens and the state, as well as between the citizens. The nationality law that followed the birth and growth of the modern state serves as a protection valve for the political groups’ survival. Denying the children’s right of obtaining nationality, as a result, exposes this culture to instability and uncertainty. As thus, by holding a national consultation with civil society, legal experts, and all stakeholders, member states can conduct a thorough review of their legal system in order to amend laws and regulations that discriminate against women. A civil personal status law should be implemented to govern marriage, kinship, divorce, guardianship, inheritance, and all other personal status issues, and it must be uniformly applicable to all people and residents of the country, without discrimination, including on the basis of gender. Though there is no political motivation to amend the current nationality law at the moment, the fearless love of the mothers in the country will undoubtedly overturn this discriminatory law in the future. Gender equality and women’s rights are obtaining momentum globally, and Lebanon will eventually have to follow its own constitution, that stipulates equality before the law to all Lebanese people, regardless of their gender or religion. Women should continue to work hand in hand, to endorse alternative notions of nationality and gender equality that will promote more inclusive and open societies so that one day, their children will become truly Lebanese.