Introduction and background
This document has been developed by the inter‐agency coordination unit and more particularly by the social stability, livelihoods and protection sectorsto provide facts and information to frontline actors and field partners on possible instances of inter‐community tensions related to refugees’ access to livelihoods. Since the beginning of 2017, there have been several incidents of protests by host community members against the labour competition caused by refugees, and more particularly by refugees owning shops. While there have been similar incidents in previous years, the issue seems to have reached a new scale this year with over 34 municipalities affected since the beginning of the year, throughout Lebanon. The scale and focus of these protests as well as the reactions and measures subsequently taken (or not) by affected municipalities have varied, as have the accuracy of information circulating within the host community on refugees’ access to livelihoods. This Q&A aims to provide basic facts on the applicable legal framework (part I), and procedures for partners to follow/use if facing such events (part II).
I‐ Applicable Legal Framework
1. What decision has MoL issued that many protests refer to?
Recent labour protests generally refer directly or indirectly to decision 1‐41 issued by the Ministry of Labour on 31 January 2017. The decision is related to ‘businesses, occupation and crafts, and jobs that must be limited to Lebanese only’. The decision lists professions that shall be confined solely to Lebanese citizens (article 2), and then stipulates exemptions in article 3 for Palestinians (born in Lebanon), Syrians (in the field of agriculture, environment, and construction) as well as other possible exemptions. An unofficial translation of the decision is attached as annex 2.
2. Is this decision new?
Yes and no. It is a new decision but the Minister of Labour re‐issues such a decision every year. The decision 1/41 from January 2017 is almost identical in its content to the decision 218/1 on the same topic issued in December 2015. In particular the exemptions for Syrians are the same. One difference is that the subsequent decision 1/49 which specifies the procedures of issuance and renewal of work permits for foreign workers introduced a ratio of ‘one Foreigner versus ten Lebanese workers, except for the institutions that conduct cleaning work which could exceed this ratio up to one Lebanese versus 10 foreign workers, and the institutions that conduct construction work and equivalent, whereby the ratio will be one Lebanese versus one foreigner.’ What has changed this year is that the Minister of Labour has given more publicity, notably through a visit to North Lebanon in January 2017, to the new decision. In addition to his visit to Tripoli, the Minister assigned labour inspectors to inspect shops in Tripoli on 8 January, and subsequently urged the North Governor to close the illegal shop identified. See question 5 for more details on this.