The National Commission for the Missing and Forcibly Disappeared was established under Article 9 of Law No.105 dated 30/11/2018 (the Law of the Missing and Forcibly Disappeared).
The National Commission for the Missing and Forcibly Disappeared is an independent commission with legal nature and administrative and financial autonomy.
According to the law, the commission operates independently of any other authority.

 

Formation of the Commission:

 

The Commission consists of ten members appointed for a non-renewable term of five years by a decree issued by the Council of Ministers with a two-thirds majority, based on a suggestion from the Minister of Justice in accordance with the regulations submitted by the following bodies: two members from six former judges in honorary positions nominated by the Supreme Judicial Council; two members from six experts in penal law, human rights law, or public law nominated by the Bar Associations in Beirut and Tripoli; a forensic doctor appointed by the Medical Associations in Beirut and North Lebanon; a university professor from three specialists in human rights or public freedoms nominated by the Council of Deans of the Lebanese University; two members of twelve human rights activists; and two members of twelve activists from associations representing the families of the Missing and forcibly Disappeared  nominated by the Parliamentary Committee of Human Rights.

 

Eligibility Conditions for Membership in the Commission:

 

Candidates for membership in the Commission must meet the following condition:

1.They must have been Lebanese for at least ten years, possess their civil rights, not have been convicted of a felony or infamous misdemeanor, have a high moral reputation, and be known for their ethics, integrity, and independence

 

2. They must be at least 35 years old

3. They must have at least ten years of experience in their field of specialization

4. Gender representation must be considered in the selection of members

5.The candidates' files must be submitted to the General Secretary of the Council of Minister.

 

Oath-taking:

 

The members of the Commission take an oath before the President of the Republic to perform their duties with honesty, loyalty, independence, and impartiality.

 

Election of the President and Members of the Commission

After taking the oath, the members convene and by secret ballot elect a President, a Vice President, a Secretary and a Treasurer for a non-renewable term of five years. The duties of each of these positions are defined in the Commission's internal regulations.

 

Internal Regulations and Code of Ethics:

 

The members of the Commission establish internal regulations that include detailed rules and procedures governing its organization and operations. The Commission also sets a code of ethics and high professional standards that all its members and staff must adhere to.

 

Immunity of Members:

 

The members of the Commission enjoy judicial immunity, as they cannot be prosecuted or subjected to any criminal action without the permission of the Commission itself. Additionally, the Commission's offices, correspondence, or documents cannot be searched without its consent.                                                                                                                                                                

Decree on the Formation of the Commission and Its Amendments:

 

The National Commission for the Missing and Forcibly Disappeared was established for the first time on July 3, 2020, by Lebanese Council of Ministers Decree No. 6570. The appointed members were:

• Khaled Zouda (Honorary Judge)
• Joseph Maamari (Honorary Judge)
• Walid Abou Diya (Lawyer from the Beirut Bar Association)
• Dolly Farah (Lawyer from the Tripoli Bar Association)
• Ziad Ashour (University Professor)
• Abdul Rahman Abdul Hamid Anous (Forensic Doctor)
• Adeeb Matanyos Nehmeh (Human Rights Activist)
• Carmen Shafiq Abou Jaoudeh (Human Rights Activist)
• Wadad Saad ElDin Mourad (Representative of the Committee of the Families of the Kidnapped and Disappeared)
• Joyce Jirjis Nassar (Activist from Associations Representing the Families of the Disappeared)

 

On April 9, 2021, Decree No. 7633 was issued to amend Decree No. 6570 as follows:

 

Judge Salim Al-Asta was appointed to replace Judge Khaled Zoda, who resigned

 

Dr. Hassan Fayad Hussein, a forensic doctor, was appointed to replace Dr. Abdul Rahman Anous.

 

On June 9,2021, the National Commission for the Missing and Forcibly Disappeared announced the election of its executive office as follows:

 

Judge Salim Al-Asta – President

Dr. Ziad Ashour – Vice President

Dr. Carmen Abou Joudeh – Secretary

Dr. Joyce Nassar – Treasurer.
On April 8, 2022, Decree No. 6570 was amended for the second time by Decree No. 9016 as follows:

- Appointment of Judge Antoine Daher as a replacement for the resigned Judge Joseph Maamari. However, it is noted that Judge Daher declined to assume the responsibilities assigned to him.

On July 13, 2022, Judge Salim Al-Asta, who had been elected as President of the Commission, submitted his resignation from the Commission due to health reasons. 

On October 17, 2022, Decree No. 6570 was amended for the third time by Decree No. 10508 to appoint three new members in place of the resigned members as follows:

- Dr. Naji Saabi, Forensic Doctor, replacing Dr. Hassan Fayad Hussein.

- Lawyer Marwan Saqr, Lawyer from the Beirut Bar Association, replacing Lawyer Walid Abou Diya.

- Lawyer Fawaz Zakaria, Lawyer from the Tripoli Bar Association, replacing Lawyer Dolly Farah.

No judges were appointed to replace the resigned judges, despite repeated requests from the Commission.

 

The Committee of the Families of the Kidnapped and Disappeared in Lebanon was surprised by Decree No. 14589 dated January 9, 2025, which appointed Judge Rola El-Masri as a replacement for Judge Salim Al-Asta and Judge Rox Rizk as a replacement for Judge Antoine Daher.

This appointment came very late and violated Article 16 of Law No. 105/2018, which stipulates that vacancies in membership should be filled if more than one year remains in the Commission’s term, not six months. It is also noted that neither of the appointed judges adhered to the decree or joined the Commission.

 

The Finances of the Commission

 

The Commission's finances consist of:

•The financial contribution allocated to it within the budget of the Presidency of the Council of Ministers, which should be sufficient to cover its expenses and activities.

•Donations and grants from local or international entities, provided they do not impose conditions that compromise the Commission’s independence. These grants must be approved by a decree issued by the Council of Ministers.

•Only the President of the Commission receives a fixed monthly compensation as he is fully dedicated to the role. Other members receive compensation for attending meetings determined by a decree issued by the Council of Ministers based on the proposal of the Ministers of Justice and Finance.

 

Duties and Powers of the Commission:

 

The main mission of the Commission is to trace missing and forcibly disappeared persons, determine their fate and whereabouts, provide clear answers to their families, and put an end to their suffering.

To achieve this goal, the Commission has the authority to:

•Build a comprehensive database containing information on missing and forcibly disappeared persons.

•Store information in central records and set standards for managing and protecting this data.

•Protect sites where the remains of missing persons may be found, including mass graves, and establish an information bank on burial locations.

•Take all necessary measures to halt construction, excavation, or any other activities that could alter burial sites.

•Set standards for exhumation processes and assign the relevant authorities to conduct exhumations accordingly.

•Seek assistance from various security agencies to carry out its tasks.

•Inform the public about the results of investigations and verified findings.

•Publish an annual report on its activities.

•Provide recommendations to the government on mechanisms to ensure justice for missing and forcibly disappeared persons and their families.

 

Key Challenges Facing the National Commission for Missing and Forcibly Disappeared:

 

•Lack of an appropriate headquarters that suits the nature of its work.

•Insufficient annual budget, which hinders its ability to carry out essential tasks, such as forming a specialized administrative and technical team.

•Frequent resignations of members and delays in appointing replacements, causing vacancies that negatively impact progress and decision-making due to the lack of a legal quorum.

•Absence of political will from the authorities to facilitate the Commission’s work, and in some cases, deliberate obstruction.

The Committee of the Families of Kidnapped and Disappeared in Lebanon believes that, despite these major challenges, the establishment of the National Commission represents a significant step toward ensuring the right of families to know the fate of their missing loved ones and advancing the course of transitional justice.

Therefore, the Families’ Committee will continue to demand full support for the National Commission and push for its effective operation, as this remains an urgent priority that requires genuine political will from the Lebanese authorities. This includes providing the necessary financial and administrative resources to enable Commission members to fulfill their duties.

Revealing the fate of the missing and forcibly disappeared is a national and humanitarian duty that cannot be delayed or ignored. It is also a necessary step toward genuine national reconciliation and lasting peace.