Law No.(105/2018) on the Missing and Forcibly Disappeared Persons in Lebanon

Chapter One: Definitions

Article 1 – Definitions

For the purposes of implementing this law, the following terms and expressions shall have the meanings assigned to them, wherever they appear in this law and in all decrees and regulations issued pursuant to it, unless the context indicates otherwise:

Missing Person: A person whose whereabouts are unknown as a result of an international or non-international armed conflict, abduction, disaster, or any other reason.
Forcibly Disappeared Person: A person who has gone missing as a result of arrest, detention, abduction, or any other form of deprivation of liberty by state officials or by groups or individuals, followed by a refusal to acknowledge the deprivation of liberty or concealment of the person's fate or whereabouts, thereby placing them outside the protection of the law.
Family Members: Includes biological or adopted children born within or outside marriage, stepchildren cared for by the missing or forcibly disappeared person, the spouse, ascendants regardless of degree, including stepparents, siblings, and their children.
Close Associates: Legal entities (such as parties or non-profit organizations) of which the missing or forcibly disappeared person was a member.
Family Representative Associations: Associations operating in Lebanon, at least a quarter of whose members are relatives of missing or forcibly disappeared persons, and whose objectives include working on the issue of enforced disappearance or war-related missing persons.
Minimum Data Set: Information that includes the full name of the missing or forcibly disappeared person, place and date of birth, the name of one parent, marital status, occupation, address, and credible details on the circumstances of disappearance.
Central Registers: A centralized database for storing and managing tracing requests and related information about missing and forcibly disappeared persons.
Tracing Request: A request submitted to the Commission to trace the whereabouts of a missing or forcibly disappeared person.
General Tracing Information: All types of information relevant to tracing efforts to uncover the fate of missing and forcibly disappeared persons, excluding personal data (defined below).
Personal Data: Information that helps identify a missing or forcibly disappeared person, such as name, audio-visual materials, ID number, location data, internet identifiers, or any factor specific to their physical, physiological, genetic, psychological, economic, cultural, or social identity. This also includes data that directly or indirectly identifies the individual.
Credible Information: Information reasonably deemed, based on accepted factual criteria, to indicate that a person qualifies as missing or forcibly disappeared.
Commission: The National Commission for the Missing and Forcibly Disappeared Persons, established under this law.
Identification of Human Remains: The legal determination of identity based on a scientific process that matches information on missing or forcibly disappeared persons with human remains, following best forensic practices and internationally recognized data protection standards. If the person is found alive, identification is carried out according to applicable laws.
Burial Sites: Locations where human remains of one or more persons have been found.

Chapter Two: Fundamental Rights and Duties

Article 2 – Right to Know:
Family members and close associates have the right to know the fate and whereabouts of their missing or forcibly disappeared relatives, including the location of detention or abduction and the location of remains and the right to receive them. This also includes the right to locate burial sites, collect and exhume remains, inspect them, and identify them.

Article 3 – Right to Access Information
Family members, and in their absence, close associates, have the right to access information related to the tracing of missing or forcibly disappeared persons and investigations not legally classified as confidential, in accordance with the mechanisms outlined in this law.

A. The Commission has the right to receive all available tracing information from relevant authorities, agencies, and institutions.

B. Family members have the right to receive specific information related to tracing efforts from the entities mentioned in paragraph (A), upon a decision from the competent judiciary.

Article 4 – Equal Treatment Without Discrimination
Lebanese authorities must guarantee the rights of families of missing or forcibly disappeared persons without discrimination, whether the person was a civilian or military, regardless of color, gender, race, language, religion, political belief, national or social origin, minority status, social or economic position, age, physical or mental disability, or any other status.

Article 5 – Right to Compensation
A. Missing or forcibly disappeared persons and their families are entitled to appropriate moral and material compensation. This compensation shall be defined by a decree issued by the Council of Ministers, upon recommendation from the Commission and the proposal of the Ministers of Finance and Justice, within one year from the enactment of this law.

B. This law shall not be interpreted to affect the right of missing or forcibly disappeared persons and their families to seek damages under general legal provisions.

C. If the Commission determines that a person qualifies as missing, it shall issue a certificate to that effect. A certified copy shall be provided to any family member or close associate, including the estimated date or last known appearance. If one year has passed since the disappearance or enforced disappearance according to the certificate, entitled parties may claim financial entitlements, including salaries, by decision of the competent court.

D. The judiciary retains the right to assess all relevant reports and certificates from different authorities when considering cases of missing persons or declarations of death.

Article 6 – Duty to Disclose Information
A. All persons, entities, institutions, and authorities who possess information relevant to tracing efforts must disclose it when summoned by the Commission or the special committee for exhumation of burial sites. No one may invoke professional confidentiality.

B. Any person aware of a burial site located on property they own, occupy, have lived in, or worked at, must voluntarily disclose this information to the Commission upon its establishment. They may also provide this information anonymously and verbally to a Commission member, who must document and sign the statement accordingly.

Authorities responsible for justice, defense, interior affairs, social affairs, health, and other bodies tasked with locating missing or forcibly disappeared persons must provide available information to the Commission and assist in solving their cases by offering clear, sufficient answers about their fate.

Within thirty days of the law’s enactment, relevant authorities must cooperate with the Commission and with families of the missing and forcibly disappeared to secure their rights in accordance with this and other applicable laws.

Authorities must preserve and verify information received from new or previous requests, document the facts and sources, compare them with official records and evidence, and submit written reports to the Commission and its designated investigators.

Standard legal and administrative procedures apply to requests for review and access to information, including deadlines for objections in cases of unsatisfactory responses or administrative silence.

Authorities must document and verify all new information that could aid in the identification or discovery of missing or forcibly disappeared persons and immediately forward such information to the Commission.

Authorities must also take necessary measures to prevent and penalize any acts that obstruct investigations, particularly ensuring no pressure or influence is exerted on the processes outlined in this law.

Article 7 – Obligation of Exchange and Cooperation
Relevant authorities are required to exchange and share information regarding the search for missing or forcibly disappeared persons, their fate, and identity, and must provide this information to the Commission.

In order to improve the search process, Lebanese authorities must cooperate with the International Committee of the Red Cross, the Office of the UN High Commissioner for Human Rights, the Commission, the Lebanese Red Cross, and any other humanitarian entity, in accordance with their respective mandates.

Article 8 – Preserved Rights
The declaration of death of a missing or forcibly disappeared person, whether before or after the enactment of this law, shall not affect the obligation to guarantee the rights outlined in this law.

This law shall not be interpreted in any way that infringes on the rights of forcibly disappeared or missing persons due to international or non-international armed conflicts on Lebanese territory, or their families, to seek justice through the courts under general legal provisions.

Family members of persons missing due to natural disasters or accidents also benefit from the provisions of Articles 3 to 5 of this law.

Chapter Three: Establishment and Functions of the Commission

Article 9 – Establishment of the Commission
A national commission is established under this law, called the National Commission for the Missing and Forcibly Disappeared Persons, hereinafter referred to as "the Commission." This commission is an independent body responsible for the coordination, implementation, and oversight of activities related to the search for missing and forcibly disappeared persons in Lebanon.

Article 10 – Composition of the Commission
The Commission shall consist of members appointed by decree issued by the Council of Ministers. The members shall include representatives from the following:

Human rights organizations
Relevant ministries (Justice, Interior, Social Affairs, etc.)
Family members of missing or forcibly disappeared persons
Legal experts with a focus on human rights
Representatives from international bodies and humanitarian organizations

The number of members and their terms shall be determined by the Council of Ministers.

Article 11 – Mandate of the Commission
The Commission’s responsibilities shall include:

Coordinating efforts to trace and locate missing and forcibly disappeared persons.
Receiving and verifying requests for tracing, and coordinating investigations into cases of enforced disappearance.
Monitoring the compliance of the Lebanese authorities with the provisions of this law, particularly the disclosure of information.
Facilitating communication between family members, humanitarian organizations, and the relevant authorities.
Maintaining a central database of missing and forcibly disappeared persons and their cases.
Providing legal support to the families of missing persons to secure their rights and compensation.
Promoting transparency and accountability in the search process, and ensuring the protection of data privacy and human rights.

Article 12 – Powers of the Commission
To carry out its functions, the Commission shall have the authority to:

Request information from all relevant authorities and institutions.
Access official documents and archives relating to missing persons and enforced disappearances.
Conduct investigations and collaborate with other institutions and authorities, both local and international, for the purpose of locating the missing and identifying the disappeared.
Monitor compliance with international conventions related to the protection of individuals against enforced disappearance.
Issue recommendations and reports to the government on necessary legislative, administrative, or judicial actions to improve the situation of missing and forcibly disappeared persons.

Chapter Four: Investigation and Accountability

Article 13 – Investigations into Cases of Enforced Disappearance
The competent judicial authorities must immediately investigate all cases of enforced disappearance and take appropriate action in accordance with this law. The judicial authorities shall be empowered to:

Initiate investigations upon receipt of a request from family members or the Commission.
Collect evidence related to the disappearance and submit it to the courts for evaluation.
Prosecute individuals or institutions involved in forced disappearances, where there is sufficient evidence to do so.

Article 14 – Accountability for Forced Disappearance
Any individual or authority found to be responsible for the enforced disappearance of a person, including state officials or non-state actors, shall be held criminally liable under Lebanese law.

The crime of enforced disappearance shall be subject to prosecution regardless of when it occurred.
Persons found guilty of involvement in enforced disappearances shall face penalties in accordance with Lebanese criminal law.

Article 15 – Right to Legal Assistance
The families of missing or forcibly disappeared persons have the right to legal assistance in order to pursue their claims for justice, compensation, and accountability. This assistance may be provided by the Commission, human rights organizations, or other qualified entities.

Chapter Five: Final Provisions

Article 16 – Transitional Provisions

Coordination with International Bodies: The Commission shall cooperate with international human rights organizations, the United Nations, and other relevant bodies to ensure compliance with international conventions on enforced disappearance.
International Responsibility: Lebanon shall remain internationally responsible for cases of enforced disappearance that occurred within its territory, whether during or before the enactment of this law.

Article 17 – National Action Plan

The government, in collaboration with the Commission, shall prepare a national action plan for addressing the issue of missing and forcibly disappeared persons, which will include short-term, medium-term, and long-term goals.
The plan will address:
- The search for missing persons.
- Exhumation and identification of human remains.
- Support for families of missing persons, including financial and psychological assistance.
- Reparations for victims of enforced disappearance.
- Public education on the issue of enforced disappearance and human rights.

Article 18 – Final Reports

The Commission shall issue an annual report on its activities and progress in the search for missing and forcibly disappeared persons.
The report shall be submitted to the Council of Ministers, and shall be publicly available.

Article 19 – Regulations for the Implementation of the Law
The Council of Ministers shall issue regulations to implement the provisions of this law, including:

The organization and operation of the Commission.
The rules for the submission of requests and the processing of tracing cases.
The procedures for the collection, storage, and protection of information related to missing and forcibly disappeared persons.

Article 20 – Effective Date
This law shall come into force upon its publication in the Official Gazette.

Chapter Six: Miscellaneous Provisions

Article 21 – Monitoring and Evaluation
The Commission shall be subject to monitoring and evaluation by national and international human rights organizations to ensure its independence, effectiveness, and transparency.

Article 22 – Penalties for Non-Compliance
Any authority, institution, or individual that obstructs the Commission’s work or refuses to cooperate with its investigations shall be subject to legal penalties, including fines and imprisonment, as prescribed by Lebanese law.

Chapter Seven: Final Provisions

Article 41 – Consideration of Inheritance Law
In the application of the provisions of this law, the provisions stipulated in the inheritance laws of all sects shall be taken into account, as well as the provisions of the relevant criminal laws.

Article 42 – Detailed Implementation
The detailed implementation of this law shall, where necessary, be specified by decrees issued by the Council of Ministers based on the proposal of the Minister of Justice.

Article 43 – Enforceability of the Law
This law shall enter into force immediately upon its publication in the Official Gazette.

Baabda, November 30, 2018
Signed: Michel Aoun
Issued by the President of the Republic
Prime Minister: Saadeddine Hariri
Signed: Saadeddine Hariri