1.  Lebanon is a unitary, parliamentary democratic republic, with powers divided between the executive, the legislature, and the judiciary. Its Constitution was first adopted on 23 May 1926 and amended in 1990 after a 15-year civil war.¹

2.  The Parliament is unicameral.² It is comprised of 128 members, each elected for four years, equally divided between Christians and Muslims on the basis of proportional representation in 15 multi-seat constituencies.³ The Table Attached to Law of 2017 dictates how the parliamentary seats are distributed by confession and districts.⁴ Law-making is the prerogative of the Parliament. In practice, the Government also introduces bills to issue legally binding decrees supplementing laws.

3.  The President of the Republic is the Head of State.⁵ The President is elected for six years by secret ballot and by two-thirds majority of the votes cast in the Chamber of Deputies in the first round.⁶ They appoint the Prime Minister in consultation with the Speaker of Parliament based on binding parliamentary consultations with all the parliamentary groups and the independent members of Parliament.⁷

4.  Executive power is vested in the Council of Ministers by the Constitution.⁸ In practice, it is carried out by the Prime Minister and the Cabinet.⁹ He appoints the ministers of his government.¹⁰ In practice, he selects the ministers jointly with the President of the Republic since the decree of the formation.¹¹

5.  Judicial authority is vested in courts of various degrees and jurisdictions that have full competence in both civil and criminal cases.¹² The Constitutional Court has the power to declare any law invalid to the extent of its inconsistency with the Constitution.¹³ The Constitutional Council is composed of ten members. Five are designated by the Parliament with an absolute majority, and five are designated by the Council of Ministers with a two-thirds majority of the members of the Government¹⁴. In practice, the exercise of this power is dependent on a referral by the President of the Republic, or the speaker of Parliament, or the Prime Minister, or ten Members of Parliament.

6.  As per the Presidential Decree 8377 of 1961, the Ministry of Public Health is the ultimate authority in charge of all public health matters in terms of rule-making, enforcement, resource allocation and priority setting, including responses to public health crises.¹⁵ Furthermore, Municipal Councils are vested, by virtue of the Municipal Act 1977,¹⁶ with extensive powers in relation to public health in general tasks and urgent procedures, provided this does not interfere with the powers granted to the Ministry of Public Health and the state security departments.¹⁷

7.  The Covid-19 pandemic did not change the basic constitutional division of powers in Lebanon.

8.  There is a constitutional provision governing the declaration of a state of emergency. Article 65 paragraph 5 of the Constitution stipulates that a state of emergency constitutes a ‘basic’ issue, ie an issue of utmost importance alongside other situations including ‘public mobilization’ (see Part III.A below). Thus, the decision to declare a state of emergency requires the approval of a two-thirds majority of the Government (ie the Council of Ministers).¹⁸ This provision is supplemented by the law on Declaring a State of Emergency or a Military Zone and the National Defence law,¹⁹ which determine that a state of emergency is declared, in all or in part of the Lebanese territory, when the country is at risk of being threatened by external threats, armed revolution, acts or disturbances that threaten public order and security, or when events take the character of disaster.

9.  The Government opted not to declare a constitutional state of emergency in response to the Covid-19 pandemic. Instead, it employed the framework of a general mobilisation plan, as elaborated in Part II.B below.²⁰ This means that in the course of responding to the pandemic, rights may not be derogated from. However, the General Mobilization Plan Decree of March 2020 did restrict constitutional rights such as the freedom of movement, the freedom of association, and the freedom of religion.

10.  Regarding international law, Lebanon is a state party to the International Covenant on Civil and Political Rights (ICCPR), which protects individual rights and liberties that were restricted during the response to the pandemic—for instance freedom of movement, freedom of speech, privacy rights, and the right of assembly were restricted.²¹ Under article 4 of the ICCPR, a state may, under certain circumstances, resort to emergency measures derogating from its human rights obligations, provided that these circumstances are so serious as to constitute a threat to the life of the nation and that the derogations are necessary and of exceptional and temporary nature. The Covid-19 crisis can likely be qualified as an appropriate situation within the meaning of those articles. However, there has been no decision to derogate from the ICCPR, or any other international convention protecting human rights.

11.  The classification of Covid-19 as a global pandemic by the World Health Organisation was used by the government to justify the severity of the measures adopted during the first wave of the pandemic. National regulations and directions referred to the WHO standards and guidance, especially about wearing gloves and facemasks and using alcohol-based hand sanitizers. For example, the classification of Lebanon in Scenario 3 ‘Countries experiencing cases clusters in time, geographic location and/or common exposure (Clusters of cases)’ pursuant to the WHO classification of Countries was used to justify the possible implementation of a ‘Containment phase’ consisting in POE screening, travel restriction measures, testing of all suspect infected persons, centralized lab testing, at home quarantine and RHUH admission for positive symptomatic cases, and other measures in the COVID 19 Operational Plan.²² Moreover, the Plan indicates further, more restrictive measures should Lebanon’s situation evolve into Scenario 4 as per WHO guidelines.

12.  There was no new general law introduced to provide emergency powers in response to Covid-19.

13.  When the first patient contracted Covid-19 in February 2020, the authorities turned to exceptional regulations to deal with the pandemic. The following month, the Cabinet announced a General Mobilization Plan upon the recommendation of the Supreme Defence Council, along with the activation of a National Crisis Operations Room.²³ Such a General Mobilisation Plan does not have to undergo parliamentary scrutiny, unlike the declaration of a state of emergency, an option that the Government decided not to pursue, as noted in Part II.A above.

14.  Decree 6198 of 2020 provided the basic framework for dealing with the public health emergency resulting from Covid-19 in Lebanon and established a ‘State of General Mobilisation’.²⁴ The legislation used to justify it is the law on Communicable Diseases of 1957. This legislation includes the possibility of quarantining entire areas but does not stipulate any restriction in relation to curfews and full closure of businesses.

15.  The General Mobilization Plan decree also invoked Article 2 of the Law on National Defense, clearly making the response to the pandemic a military one.²⁵ Sabine El Hayek noted that the General Mobilization Plan decree was followed by Decision No. 49/2020 that stipulated that the Lebanese Army Forces (LAF), security forces (alongside municipalities and unions of municipalities) should 'implement the decree and prosecute violations before the judiciary’.²⁶

16.  Initially foreseen for two weeks, the General Mobilization Plan was renewed 11 times and will remain in force until the end of September 2021.²⁷

17.  The Lebanese Parliament passed five laws in relation to the Covid-19 pandemic response.

18.  On 8 May 2020, the Parliament passed a law that provides for the suspension of legal, judicial and contractual time limits from 18 October 2019 to 30 July 2020,²⁸ and a law exempting Covid-19 donations from value-added tax and import taxes.²⁹

19.  On 28 May 2020, the parliament passed a law to approve an additional allocation from the 2020 budget worth 200 billion Lebanese pounds (approx. USD 2 million) for social safety nets.³⁰

20.  On 16 January 2021, Lebanon enacted Law No. 211 on regulating the emerging use of medical products to combat the Covid-19 pandemic.³¹ The law grants healthcare providers, pharmacists, manufacturers, marketing certificate holders, and distributors of COVID-19 vaccines protection from future liability claims associated with the development, management or use of the vaccines for two years. Aside from serious injuries or death arising from intentional misconduct, individuals will have only one recourse to seek compensation for injuries related to the Covid-19 vaccine, which will be presented to a specialized scientific committee to be established by the Ministry of Public Health. Individuals determined to have causal injury will be compensated from a fund established by the Government of Lebanon.

21.  The executive played a preponderant role in facing the crisis. Normally, the power to adopt regulations is conferred on the Government. Such regulatory measures encompass different types of acts and decisions. Decrees are adopted and enacted by the Cabinet, by the Prime Minister, or by individual ministers. They can set a general rule or a specific one directed at identifiable subjects. Otherwise, administrative decisions are the main way for the administration to apply the law to an individual situation. Regulations are general norms enacted by the administration which do not fall under the category of a decree.

22.  In relation to the Covid-19 crisis, the Government has relied on the law on Communicable Diseases of 1957, the National Defense law,³² and various other regulatory measures to implement public health measures at the national and local levels, such as: restrictions on movement and social gatherings, the closing of public and private institutions, isolation, and quarantine. The specific criteria for imposing such measures has been set in decrees and circulars, and amended in accordance with changes in the pandemic situation.

23.  All pandemic-specific regulations, and amendments to existing regulations, have been temporary. The duration of each measure was provided by the decree enforcing it, and they varied. Some were meant to apply until the end of the state of health emergency,³³ others until a specific date (usually two weeks).³⁴ Some fixed multiple terms for their provisions.³⁵ A number of these regulations were subsequently extended or renewed.³⁶

24.  Regulatory measures can be challenged before the administrative court, ie the State Council. The State Council has jurisdiction to review the legality of the regulations and to annul acts that are contrary to higher norms.³⁷ However, there has not been any parliamentary scrutiny and judicial review of the regulations adopted.

25.  Direction-making powers were frequently used to adapt general regulations to specific places such as regions or towns. In general, most of the measures were centralized in the hands of the Government and relevant ministries—in particular the Ministry of Public Health, the Ministry of Interior and Municipalities, and the Ministry of Justice—and applicable across Lebanon. However, some measures were adapted to local circumstances by local authorities. In a Directive of March 2020, the Ministry of Interior and Municipalities called upon governors, each within their scope, to undertake full supervision of the implementation of the decisions issued by the Cabinet in response to the Covid-19 pandemic and the follow-up with the authorities in charge of implementation.³⁸ The Directive underlined the importance of coordination between municipalities and the unions of municipalities. The Ministry of Interior and Municipalities requested the unions of municipalities to develop a detailed plan to assist municipalities financially, logistically, and with the necessary human resources to form a municipal team for rapid intervention.

21.  The Government provided general guidance to the public regarding appropriate behaviour to stop the spread of Covid-19. This guidance was displayed at the entrance of public buildings, on billboards, broadcast on TV and radio, and made available on several websites, including a governmental one (which is no longer available). These instructions included law and advice relating to lockdown, social distancing and hygiene measures, and mandatory wearing of masks.³⁹ The Ministry of Public Health also issued a guidance note on home isolation for the public and those who are returning to the country from affected places.⁴⁰

22.  Ministers are accountable to the Parliament and its committees. The Lebanese Parliament engages in oversight and scrutiny of the Government’s performance chiefly through the normal parliamentary scrutiny system.⁴¹ This includes verbal and written questions and interpellations addressed to ministers, and through the functioning of various standing committees or vote on motions of (non-)confidence in the government.⁴² Ministerial decrees are not normally subject to specific parliamentary scrutiny and, for example, the one establishing the lockdown in March 2020 did not need to be confirmed or reviewed by the Parliament. However, the use of these instruments has been very limited due to the inability of the parliament to meet during the Covid-19.

23.  The legislature can, at any time, terminate the executive’s rule-making powers if they stem from a prior act of parliament empowering the executive to pass regulations that develop or implement legislative provisions in certain areas of law, by means of a new act of parliament—adopted on the initiative of any group of MPs—withdrawing such rulemaking powers. However, the legislature cannot terminate executive rulemaking powers stemming directly from Article 65 of the Constitution, which stipulates that the Government has the power to enact regulations, and which covers regulations in any area of law not subject to a statutory reservation.⁴³

24.  In the specific case of the Covid-19 crisis, the possibility of control by the Parliament was curtailed by the use of Article 65(5) of the Constitution that entitles the Government to pass a decree declaring a General Mobilization Plan and grants them extensive powers to implement a wide range of extraordinary restrictive measures within that specific context without requiring any kind of legislative pre-authorization or ratification. This regime differs from the constitutional state of emergency that should be confirmed by the parliament, but it remains a derogatory regime, even if it not named as one, since it invests the executive with an abnormal amount of power which would not be possible outside of a crisis similar to this one.⁴⁴

25.  In that context, the legislature exercised a very limited degree of oversight over the normative acts of the executive, including those relating to quarantining entire areas, curfews, and full closure of businesses and public places, unlike what would be expected in such circumstances.

26.  The executive can extend its power to address the health crisis through decrees and regulations without legislative approval. As aforementioned, these powers derive from the Constitution and expire at the end of the pandemic crisis.

27.  Ordinary periods of sessions of the Parliament are held between mid-March and end of May, and between mid-October and end of December of each year.⁴⁵ The President of the Republic, in agreement with the Prime Minister, may summon the Parliament to extraordinary sessions by a decree that specifies the dates of the opening and closing of the extraordinary sessions, as well as the agenda.⁴⁶

28.  On 12 March 2020, as the first cases of contagion among parliamentary staff and MPs were confirmed, the Secretariat of the Parliament decided to suspend the sessions of all parliamentary bodies for a period of 15 days. The buildings of the Parliament were closed and there was an interruption in the work of the legislature until 21 April 2020, when a plenary session was held in a more spacious building to enable the members of Parliament to attend in-person.

29.  Neither the Constitution nor the rules of procedure of the Parliament provide for adapting the functioning of Parliament in response to a pandemic.

30.  There has been an attempt to introduce electronic means to enable the parliamentary committees to meet remotely and to conduct their business without significant alterations. However, this initiative was not adopted despite the extremely exceptional circumstances. The conduct of parliamentary committees and plenary sessions by remote means under the current legal framework was rejected by the Secretariat of the parliament. Provisions of the Constitution, and of the Parliament’s Bylaws, provide that deliberations of the committees are confidential and that Members of Parliament shall attend the committees and the plenary for their vote to be counted.⁴⁷

31.  There have been complaints by opposition parties regarding the non-performance of the parliamentary functions during the first months of the pandemic, mainly due to the refusal by the Secretariat to allow for virtual and electronic procedures of debate and voting. Most of these complaints were made through political statements.⁴⁸

32.  The operation of the courts was interrupted during the pandemic. On 3 March 2020, in the week preceding the declaration of the general mobilisation plan to counter the spread of Covid-19, the Ministry of Justice and the Supreme Judicial Council in Lebanon adopted a joint resolution whereby all hearings and court proceedings were suspended from 4 March 2020 till 6 March 2020 as a temporary measure to limit the spread of the novel virus in the courtrooms and judicial departments.⁴⁹ This period was renewed until the end of March 2020.

33.  As the epidemic intensified in Lebanon, several supplementary resolutions, directives, and guidance were issued to adapt judicial proceedings during the pandemic. Such resolutions made it possible for civil courts to suspend their activities in most cases and to focus on emergency proceedings, including protection orders and interim measures proceedings regarding violence against women. Furthermore, procedural requirements were eased to allow criminal courts to make fast decisions regarding the requests for the release of defendants in pre-trial detention, and to reduce preventive imprisonment and arrest orders to the minimum.⁵⁰

34.  On 19 March 2020, the head of the Supreme Judicial Council issued a circular addressed to the judges to facilitate the procedure of release requests. It allowed detainees to submit a release request by phone through a call centre established in collaboration with the Bar Association in Beirut. An email address was also created for the judges to communicate their decisions with the relevant detention facilities.⁵¹

35.  On 20 March 2020, the Minister of Justice issued a memo addressed to the General Prosecutor to enact measures aimed at reducing detention overcrowding. Such measures included: limiting arrests to when only necessary and would have an impact on the public order; avoiding arresting minors unless it was absolutely necessary; respecting the right of detainees to see a doctor upon request and need; and using electronic means to conduct investigations and to communicate with the lawyers and the Bar Associations in Beirut and Tripoli on dates of investigations and hearings.⁵²

36.  On 23 March 2020, the General Prosecutor issued a circular on the procedures relating to detention, investigation, and release addressed to the Ministry of Interior and Municipalities, relevant courts, examining judges, public prosecutors, and the security forces. It requested them to: avoid detention except for extreme cases; release detainees accused of petty crimes if an investigation is not possible; use technology for investigation interviews; and initiate primary or judicial investigations only in extreme cases.⁵³

37.  On 27 March 2020, the Head of the Supreme Judicial Council issued a circular suggesting the use of electronic means to conduct investigative interviews with detainees, with the support of the Information Technology department of the Ministry of Justice.⁵⁴ The hearing would be conducted electronically in one of the offices headed by the examining judge in the presence of the complainant and their lawyer, the lawyer of the accused if needed, and a social worker if the accused is minor. The relevant clerk would then duly record the investigation and the signature of the recorded investigation interview would be taken electronically. The signed forms would then be sent to the registry of the examining judge.

38.  On 27 March 2020, the Ministry of Justice and the Supreme Judicial Council issued a new joint resolution to further extend the suspension of court hearings until 12 April 2020.⁵⁵

39.  Procedural time limits, as well as administrative and contractual deadlines, were suspended from 18 October 2019 to 30 July 2020 by virtue of a law.⁵⁶

40.  The resolutions allowed the courts, where possible, to hold remote hearings through the use of electronic communication means, including video-conferencing and phone calls, in civil emergency proceedings and criminal proceedings. This also applied to cases where prisoners needed to be transported to a court hearing.

41.  A videoconferencing system was set up at the Beirut Bar Association to connect judges and lawyers. Nevertheless, the use of advanced technology and the lack of adequate electronic equipment in the justice institutions posed a challenge in terms of access to justice and significantly impaired the work of the courts.

42.  To date, there has not been significant discussion of the digital divide between users accessing court proceedings through video links.

43.  A mechanism was established on 21 April 2020 to receive urgent or emergency petitions and court applications online via email to limit the risks to health.⁵⁷ However, taking legal action has presented a risk to health in some cases that required in-person court proceedings, such as the case of the military tribunal. On 10 May 2020, 13 soldiers among members of the military court contracted the Covid-19 virus. As a result, 40 lawyers who had been to court in the previous week were tested along with judges and other soldiers.⁵⁸

44.  On 8 June 2020, the Supreme Judicial Council published a plan for the judiciary to gradually resume its work.⁵⁹ During the second lockdown, on 11 November 2020, the Ministry of Justice restored the same derogating measures regarding the courts functioning.⁶⁰

45.  There is no explicit provision in Lebanese laws that provide the courts with review powers over declarations of states of emergency or public health emergencies. Nevertheless, the restrictive measures implemented within these legal frameworks remain subject to judicial control by the State Council, which has the authority to review their compatibility with the principles of legality, strict necessity, and proportionality. The State Council in Lebanon was not seized about any Covid-19 related measures.⁶¹

46.  Eight Members of Parliament resigned in the aftermath of the deadly Beirut Port explosion in August 2020. As per article 41 of the Constitution, parliamentary by-elections should be held within two months after a seat becomes vacant to elect a successor.⁶² However, on 10 September 2020, the Prime Minister’s Office sent a letter to the Ministry of Interior and Municipalities that is in charge of elections management, stating that the President of the Republic and the Prime Minister has taken an exceptional decision to postpone the by-elections in the six relevant electoral districts until after January 2021. The Covid-19 pandemic, the general mobilization, and the health risks to the voters in the relevant constituencies were specified as the key reasons to justify their decision.⁶³ At the beginning of 2021, two Members of Parliament passed away due to coronavirus. As a result, ten seats have become vacant. The Minister of Interior and Municipalities announced in a statement on 26 February 2021 that due to the new wave of Covid-19 in the country, elections would take place until after Easter and Ramadan in April 2021. Nonetheless, to date these elections have not taken place.

47.  Besides parliamentary by-elections, the elections of the boards of several trade unions were also postponed during the first lockdown due to the impact of the pandemic. On 27 March 2020, 15 days after the enactment of the general mobilization plan, the Order of Engineers declared the postponement of their elections to later dates to ensure the safety of engineers. The decision was based on the health emergency circumstances, which constitute a force majeure, and on the decisions of the Council of Ministers, in particular the extension of the period of general mobilization and the adoption of firm measures in terms of restriction of movement, stay-at-home orders, and prohibition of gatherings.⁶⁴ On 28 October 2020, the Bar Association in Beirut announced its decision to postpone the trade unions elections scheduled for November 2020 in accordance with Law 160 on the suspension of legal time limits.⁶⁵

48.  On 21 May 2021, the National Committee for Follow-up of Preventive Measures and Measures to Confront the Coronavirus issued a recommendation to postpone the elections of all trade unions and syndicates for a period of four weeks due to the epidemiological situation. It also called upon the trade unions to encourage their members to be vaccinated prior to any elections.⁶⁶

49.  There is no express mention of the necessity for the Government to follow scientific advice in legislation. A ‘National Committee for Follow-up of Preventive Measures and Measures to Confront the Coronavirus’ was established on 1 February 2020 by virtue of a Resolution issued by the Prime Minister.⁶⁷ The 10-member Committee is headed by the Secretary-General of the Supreme Council of Defense and comprised of representatives from the Ministries of Public Health, Education, Agriculture, Public Works and Transportation, Social Affairs, representatives of the Internal Security Forces and the Lebanese Red Cross, and the Director of the Disaster Risk Management Unit at the Prime Minister's Office. The Committee is tasked with developing emergency plans to deal with the different aspects of the Covid-19 pandemic.⁶⁸ Most of the measures adopted by the Government were based on the recommendations of this committee that were widely circulated to the public through the media.

50.  The committee could invite scientific experts to its meetings to provide guidance and scientific advice on suitable policies and measures. There is no explicit requirement that such advice is published.

51.  The members of this committee do not possess a de jure legal status of full independence. To the contrary, they were assigned to the Committee by their respective public entities or offices by virtue of their pre-existing positions as officials in these governmental bodies. The only exception is the representative of the Lebanese Red Cross.

52.  There have been no restrictions on the freedom of the press or of speech during the pandemic nor any constraints or obstruction of the media coverage of the pandemic in Lebanon. Journalists were also exempt from movement restrictions.

53.  Laws on access to information have not been suspended. Nonetheless, in practice, it was very difficult to request any information during the lockdown due to the restrictions on movement, the closure of the majority of public institutions, and the inability to access such information online. On the other hand, the Ministry of Information, in collaboration with the Ministry of Public Health, has launched a website dedicated to publishing and spreading information on developments and updates related to Covid-19 in Lebanon (this website is no longer available), such as confirmed cases, recoveries, rates of recovery, deaths, and mortality rates. The website is updated several times a day and is used as a reference by the media.

54.  Although the Parliament approved a law establishing the institution of ombudsperson in Lebanon in 2005 to oversee the interests of the citizens and investigate complaints of improper government activity, the Government has never appointed anyone to this position.⁶⁹

55.  The Central Inspection Board, an oversight body with the responsibility of monitoring any violation of the applicable laws and regulations within the public administration, has carried out an assessment and monitoring initiative whereby they gathered data in collaboration with ministries and municipalities to provide the public with the tools and the evidence to track and audit the activities of the central and local government in relation with the public response to Covid-19. The data is accessible for free through an open data website.⁷⁰

56.  There has been no special reviewer of legislation or other public official appointed to monitor the public response to Covid-19. Such a role is unknown to the Lebanese legal order.

57.  The Lebanese approaches against the pandemic can roughly be categorized in five chronological stages. During a first stage, beginning mid-March 2020, severe restrictions on general mobility and the closure of most facilities were ordered throughout the country. A second stage, beginning at the end of April 2020, brought significant relaxations. As of 1 July 2020, Lebanon had completely opened all sectors and resumed airport activity at 10 per cent capacity. However, a significant surge in infections brought about a third stage as it forced the government to announce a general restriction of movements for all public and private sectors from 30 July 2020 through 3 August 2020, and from 6 August 2020 to 10 August 2020. Authorities then announced a two-week closure from 21 August 2020 to 7 September 2020, following a significant spike in daily cases and a record number of daily deaths, and extended the general mobilization plan until the end of 2020. At a fourth stage, with the increased strains on the capacity of the healthcare system and a rise in infections and mortalities, including among medical staff, the authorities enforced a general lockdown for two weeks over 14–30 November 2020. The lockdown imposed strict mobility rules according to even-odd car matriculation numbers and closed all but essential sectors. With the advent of the holiday season, the authorities decided to open the country gradually, including opening restaurants, pubs, and nightclubs. This led again to rising infection numbers. A fifth stage with new restrictions began in January 2021, culminating in the decision to impose once more extensive restrictions until 1 February 2021, later extended until 8 February 2021. The odd/even car plate circulation rule was reinstated, all educational establishments closed, a curfew was enforced from 6 pm to 5 am, and the airport operated at 20 per cent capacity.

58.  On 15 March 2020, the Prime Minister of Lebanon declared a national lockdown, upon the recommendation of the Supreme Defence Council, along with the activation of a National Crisis Operations Room. This was implemented by Decree 6198 of 2020, declaring the implementation of a general mobilisation plan to counter the spread of the Coronavirus from 15 March 2020 until 29 March 2020. It included restrictions on freedom of movement in its strictest form. All residents were prohibited from any exit out of one’s home; they could only leave their homes by requesting a one-hour permit for emergency reasons such as the purchase of medicine or food and health-related appointments.⁷¹ Eleven days later, the Government imposed a curfew, whereby citizens must remain at home between 7 pm and 5 am.⁷²

59.  The Lebanese army, the security forces, and the municipal police were ordered to ensure the strictest enforcement of the all-day curfew and stay-at-home measures. Street checkpoints and army patrols were manned around the country and fines were imposed on violators (see Part IV.B.1 below).⁷³

60.  At some stages, in September and October 2020, cordons sanitaires were imposed in areas or zones with especially severe outbreaks. They were completely locked down for eight days and general prohibitions on entry and exit from the area and restrictions of movement within them were strictly enforced. It was prohibited to go out of the home even for food shopping.⁷⁴

61.  Initially foreseen for two weeks, the General Mobilization was renewed 11 times. The duration of the all-day curfew was extended twice until 26 April 2020 but came with a limited number of exceptions for essential jobs that were exclusively listed in the regulations such as medical staff, food producers, journalists, and specific public servants.⁷⁵ To exercise these exceptions, the Government provided a derogation request form which had to be completed either online, via an online application dedicated for that purpose, or via telephone message.

62.  Restrictions were gradually eased by 27 April 2020 and lifted on 8 June 2020. The Prime Minister announced a five-phase plan spread over six weeks to facilitate the easing of restrictions. Public, industrial, and commercial institutions, as well as associations and restaurants, were to reopen during approved working hours. Night-time curfews were implemented at different times during that period.⁷⁶

63.  However, due to a large increase in positive cases, a four-day mobility restriction order went into effect on 13 May 2020 and lasted until 18 May in order to stop the rapid spread of the coronavirus, conduct random tests, and trace transmissions. All private institutions, markets, commercial companies, the educational sector, and banks were closed, and all gatherings of all kinds were prohibited. Again, facing a new growth curve, the Ministry of Interior and Municipalities imposed partial lockdowns of towns and villages starting October 2020.⁷⁷ This was followed by a new confinement phase in November. Night curfews were imposed starting 26 March 2020, from 7 pm until 5 am.

64.  On 5 January 2021, a new national lockdown was imposed, and nationwide curfews and bans on leaving home were re-imposed from 7 January 2021 until 1 February 2021, later extended until 8 February 2021.⁷⁸

65.  As noted in Part IV.A.1 above, domestic travel restrictions have been implemented since 15 March 2020. The first set of measures enacted by Decree 6918 of 2020 prohibited all movement within Lebanon.

66.  At a later stage, movement from one’s home was allowed in very limited cases listed in the subsequent decrees. Specific reasons for internal travel were prescribed at different points such as work, provision of essential services, medical reasons, attendance at a funeral, or accessing essential retail services. There were no distance restrictions on how far people could travel but there were time limitations: permission for one or two hours of circulation was to be requested either online via an application dedicated for that purpose or via telephone messaging. With the repeal of the obligation to stay at home on 8 June 2020, limitations on internal movement were also removed. However, mobility was restricted on specific weekdays according to even-odd vehicle matriculation numbers.⁷⁹ This decision was lifted on 14 June 2020 and reinstated from 7 January 2021 until 8 February 2021.

67.  On 8 February 2020, the Minister of Public Health issued a statement listing the measures that will be followed with regard to travellers coming from China, starting with thermal screening at the airport and continuous follow-up for the next 14 days. Depending on the results of the screening and any appearance of symptoms, the traveller will be transferred to Rafik Hariri University Hospital for assessment and quarantined there if need be.⁸⁰

68.  On 21 February 2020, Lebanon confirmed its first case: a 45-year-old woman returning from Iran.⁸¹ Twenty days later, on 11 March 2020, the government decided to ban all travel to and from 11 highly affected countries with a 4-day grace period. It also enacted a range of measures to control the epidemic, starting with temperature screening at the airport and testing of suspected cases, as well as contact tracing.⁸²

69.  On 18 March 2020, Lebanon went under full lockdown, closing its sole airport as well as all seaports and land borders.⁸³

70.  On 5 April 2020, Lebanon began the first phase of repatriation of Lebanese nationals stranded abroad.⁸⁴ Lebanese expats stranded abroad were allowed to return to Lebanon based on repatriation plans that were undertaken by the government. They were requested by the Ministry of Public Health to fill in a special form.⁸⁵ They were also compelled to take a mandatory PCR test before boarding the plane, in the airport upon landing, and were requested to self-isolate for 14 days.

71.  The travel ban was lifted and the Beirut airport reopened on 1 July 2020. Travellers entering Lebanese territory have been required to fill in a ‘Passenger Form’, which allows for contact tracing to take place. Testing obligations have also been imposed on passengers arriving in Lebanon. Travellers are required to take a PCR test at a laboratory certified by local authorities 96 hours before their travel, and to show the result at check-in at their departure airport. If they do not have a negative PCR test result within this timeframe and in an approved form (paper or email), they will not be allowed to board their flight to Lebanon.⁸⁶

72.  Decree 6198 of 2020 on declaring the General Mobilization introduced a full ban on gatherings in both public and private spaces starting 15 March 2020, including social, cultural and festive occasions. ⁸⁷

73.  The ban on gatherings also applied to worship services. Churches and mosques were closed on 15 March 2020 to prevent any direct interaction and communication between people which increases the risks of Covid-19 transmission. They reopened on 10 May 2020 at reduced capacity. The number of worshipers should not exceed 50% of the total capacity, and sanitary conditions and preventive measures must be followed.

74.  The ban on public and private gatherings such as weddings, conferences, and exhibitions held in open spaces was lifted on 21 May 2020, with a maximum of 100 people or 50% of venue capacity permitted to attend. However, an official authorization form should be filled, and the approval of the Ministry of Interior and Municipalities should be granted. This requirement is no longer mandatory starting March 2021.

75.  On 28 February 2020, the Ministry of Education closed all nurseries and schools, originally setting the date of return to 8 March 2020.⁸⁸ On 6 March 2020, the Ministry of Public Health declared that ‘Lebanon is no longer in Coronavirus containment stage’ and urged the population to take preventive measures such as avoiding public venues, like resorts and theatres.⁸⁹ Following this statement, the closure of schools, universities, and nurseries was extended to 14 March 2020.⁹⁰

76.  Further to the enactment and consecutive extensions of Decree 6918 of 2020, schools, universities, and childcare facilities were closed until the commencement of the 2020–2021 school year in September 2020. Physical classes were replaced by online learning. Once again, educational institutions were closed during the nation-wide lockdown that started on 7 January 2021 and was originally of a two weeks duration but was extended to 8 February 2021.⁹¹

77.  On 6 March 2020, nightclubs, pubs, gyms, and theatres were closed. On 11 March, all cafés, restaurants, and bars in Lebanon were ordered to close. From 15 March 2020, all, public parks, tourist sites, malls, and shopping centres except for grocery stores, bakeries, and pharmacies were shut down.

78.  From May 2020 onwards, the restrictions were progressively loosened following the introduction of the five-phase plan for reopening. These re-openings were subject to rules on opening hours, physical distance, and the wearing of masks. For instance, cinemas and theatres were allowed to operate until 11 pm at 50% capacity, and indoor and outdoor restaurants to open until 11 pm and 12.30 am respectively as of 21 May 2020.⁹²

79.  As the pandemic worsened in December 2020, closures were once again decided. The Ministerial Directive of 5 January 2021 provided for the closure of bars, restaurants, and non-essential stores for a period of one month. Most stores and restaurants were allowed to reopen in March 2021.⁹³

80.  All the Covid-19 related decrees provided for the respect of social distancing precautionary measures in public.⁹⁴

81.  At the beginning of the pandemic, and with increased worldwide demand for facemasks and other personal protective equipment (PPE), local supplies were exported. Therefore, on 2 February 2020 the Ministry of Economy and Trade issued a decision to ban exports of all PPE, including facemasks.⁹⁵

82.  The mandatory wearing of facemasks in public was one of the measures imposed by the decree declaring the state of health emergency on 15 March 2020 to counter the spread of the Covid-19 virus. Violations of these safety measures are punishable by fines.⁹⁶

83.  Individual measures of isolation and quarantine are pronounced by the Ministry of Public Health on a case-by-case basis.

84.  All incoming travellers are required to undergo 48 hours of quarantine at one of the hotels specified by the Ministry of Public Health until they are informed of test results performed upon arrival at the airport.⁹⁷

85.  The quarantine and isolation policy of Lebanon stipulates that individuals with a fever of over 38 degrees Celsius and those who were in close contact with a Covid-19 patient or suspected of infection are requested to self-isolate at home for a period of 14 days, and cannot leave home before they provide a negative test result by the end of this period. Those who test positive for Covid-19, both asymptomatic or with mild symptoms, are isolated in hospitals in specific isolation centres or alone at home. Measures of isolation and quarantine can last for 14 days until they provide two negative tests. They may be extended if medical advice justifies their extension.⁹⁸

86.  Some of the Covid-19 community isolation centres have been designated by the Government of Lebanon after consultation with the municipalities and an assessment by the Orders of Nurses and the Lebanese Armed Forces. These centres are managed by the Government of Lebanon with operational support from international and local agencies. In addition, to meet the needs of Palestinian refugees in Lebanon, the United Nations Relief and Works Agency and Médecins Sans Frontières also manage quarantine and isolation centres, for both confirmed and suspected cases.⁹⁹

87.  Access to all isolation centres is based on a strict non-discrimination policy. Centres are accessible for any persons regardless of their nationality, background, gender, sexual orientation, age, nationality, or any other identity factors. Centres are open for Lebanese nationals, refugees, migrants, or other foreign workers in need.¹⁰⁰

88.  Lebanon’s testing strategy has varied according to the relevant phase with some disruption where resources and systems were not adequate for the purpose. The World Health Organization and the Ministry of Public Health initially approved only one centre at Rafik Hariri University Hospital to conduct PCR testing for Covid-19. Later, in April 2020, 15 medical laboratories were included as certified testing centres.¹⁰¹

89.  In the initial phases of the epidemic in Lebanon, the testing policy did not solicit unconditional screening to preserve the limited medical resources present.¹⁰² It focused on testing symptomatic individuals and key groups such as the elderly, individuals returning from an infected country, or those who have possibly encountered a confirmed case.¹⁰³ The goal of that targeted testing has been the identification and isolation of cases and their contacts to suppress transmission.

90.  On 20 April 2020, the Ministry of Public Health began random testing in different areas of Lebanon. The majority of the population remained untested due to lack of access and because the cost of testing was the responsibility of the individual being tested. Rafik Hariri University Hospital was the primary and only governmental centre offering free testing services since the beginning of the epidemic. Testing at the other labs and clinics costs USD $100, which discourages many from taking it.¹⁰⁴

91.  With the progressive relaxation of lockdown measures since 27 April 2020 and the lifting of restrictions, the Ministry of Labour issued a directive establishing workplace preventive measures including required testing of employees prior to the opening of the business or facility.¹⁰⁵

92.  As of 27 June 2021, Lebanon has completed 4,731,376 polymerase chain reaction (PCR) tests and confirmed 543,865 cases of Covid-19.¹⁰⁶ Test results are usually returned by text message within 48 hours but can be provided by e-mail or paper copy upon request. Official reports are published daily, documenting the results for residents versus returning expatriates.¹⁰⁷

93.  As of 17 April 2021, passengers who have been vaccinated with a second dose of the Covid19 vaccine a minimum 15 days before their departure to Lebanon, with a medical report certifying it, are exempted from doing PCR test upon arrival at Beirut airport and from home quarantine.¹⁰⁸

94.  The vaccination programme in Lebanon commenced on 14 February 2021. There is no general obligation for vaccination against Covid-19. In the first stage, the programme prioritizes healthcare workers and those over age 75, followed by those over 65, and then those over 54 who suffer from certain underlying health conditions. As of 30 May 2021, vaccination appointments were extended to people aged over 40 with a chronic or incurable disease.¹⁰⁹

95.  Contact tracing in Lebanon has been organised by the Ministry of Public Health. Initially, contact tracing was restricted to close contacts of confirmed cases or persons from a limited number of affected areas.

96.  The contact tracing system involves contacting a person who has received a positive test and requesting details of the people and places they have visited in the 48 hours before symptoms started. Tracers will then contact close contacts of the person to advise them to be tested for Covid-19 and to restrict their movements for 14 days.¹¹⁰

97.  The Ministry of Public Health has also launched a mobile application for contact tracing on a voluntary basis. If an individual tests positive for Covid-19, they can consent for the Ministry of Public Health to use the information collected of those who were in the individual’s proximity to notify those who may have been exposed. If a person has been exposed to the virus by someone they have been in close contact with, the Ministry of Public Health will be able to contact them quickly so that they can get the support needed, lowering the risk of serious consequences.¹¹¹

98.  In 15 March 2020, measures were taken to limit the spread of Covid-19 within care institutions, including rest homes for the elderly. Visits were completed prohibited until the implementation of the reopening plan.¹¹²

99.  Lebanon implemented preventive measures against the novel virus, largely using punitive tactics as a form of enforcement. All Covid-19 related decrees stipulate that infringements to their provisions can be the subject of criminal penalties as provided under the penal code and infectious diseases law. Criminal sanctions apply to infringements of the rules regulating the opening and operation of shops, businesses or other establishments, private and public gatherings and activities, mobility in the public space, and use of masks.

100.  Under the ministerial decree 6198 of 2020, law enforcement officers were responsible for imposing fines on infringement of the lockdown and social distancing measures (see Part IV.A.1 above)

101.  Municipalities have also played a role in enforcing the applicable health measures, for instance by closing establishments in cases of infringements.

102.  At the beginning of the pandemic, compliance with the restrictive measures stood at a high level. However, with the intensification of the economic crisis in Lebanon and the inability of the government to provide any social or economic aid for the residents, the compliance rate has decreased dramatically, especially among those who could not work from home and who were unable to cope with the financial shocks.¹¹³

Lara Saade, Syracuse University

Jean Tawile, Skema Business School