Census Transfer

The process of census transfer, or "نقل النفوس," in Lebanon, is guided by Article 40 (amended by the law executed by decree 15738/1964). This legal framework aligns civil rights — including voting privileges and administrative allocations — with the place of origin, rather than the current residence.

According to this law, individuals intending to reside in a new region and seeking to transfer their census, must establish continuous residency there, for three years. Afterwards, they must submit a declaration, corroborated by the local mayor and two witnesses, to the personal status office in their new locality. An investigation conducted by police is mandated to confirm the validity of this residency.

However, the governance retains the discretionary power to refuse such census transfers, often justifying denials through ambiguously stated reasons, under the law.

Further complexities arise in the context of gender disparities. Upon marriage, the law places restrictions on the women. A Lebanese woman married to a non-Lebanese man is legally prohibited from passing her nationality to her spouse and their children. Further, women are customarily obligated to modify their census registration to align with their husband's place of origin. Reversing this change after a divorce entails navigating a complex bureaucratic process, presenting a significant obstacle. This not only deprives her family of potential Lebanese citizenship but also restricts her capacity to fully exercise her civil rights.

Because of all the complexities revolving around the law and its implementation, there is a need for a systemic approach to overcome such barriers. This approach should aspire to foster inclusivity, secure gender equality, and disconnect civil rights from sectarian politics.