As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

WHAT IS THE ISSUE AT HAND?

Sexual harassment remains a persistent legal and social challenge in Lebanon, despite the adoption of Law 205 in 2020 to criminalize such acts and protect victims. While the law marked an important step forward, its implementation has been limited. As of 2024, no publicly accessible records, including court decisions or official statistics, appear to document prosecutions or convictions explicitly under Law No. 205/2020. Likewise, although Law 205 provides for a dedicated victim support fund at the Ministry of Social Affairs, available reporting up to 2024 indicates that this fund has not yet been effectively established or become operational.

Reports from human rights and policy organizations indicate that implementation has been slow, with limited enforcement activity and delays in setting up the required mechanisms to make the law effective. Despite these gaps, limited institutional and awareness initiatives have been undertaken, such as training programs for public officials and workplace awareness campaigns. Nonetheless, enforcement and reporting mechanisms remain weak, leaving many victims without accessible redress.

Development of Law 205

Over the past decade, a diverse group of actors ranging from lawyers, researchers, activists, ministers, and international organizations has been working on legal measures to criminalize sexual harassment. In 2012, civil society groups, lawyers, judges, researchers, and feminist activists collaborated to draft a law addressing sexual harassment in the workplace.

This effort was part of a feminist campaign and multimedia project called “The Adventures of Salwa,” organized by the Feminist Collective. It aimed to raise awareness about sexual harassment and mobilize public support for legal reform through animation, storytelling, and advocacy. Two years later, in 2014, MP Ghassan Moukheiber submitted an urgent law proposal to criminalize sexual harassment and racial abuse.

However, both efforts were ultimately unsuccessful. The initial proposal was never introduced to parliament, and the 2014 draft law was not debated in parliament until 2017, when it was met with criticism from some MPs. In the same year, the newly established Office of the Minister of State for Women’s Affairs was created, led by Minister Jean Ogasapian. With the support of Gender and Public Policy Senior Advisor Abir Chebaro, the office introduced an alternative draft law to criminalize sexual harassment. This alternative proposal was approved by the Lebanese ministerial cabinet on March 8, 2017. Finally, in December 2020, the Lebanese Parliament passed a law against sexual harassment: the Law to Criminalize Sexual Harassment and for Rehabilitation of Its Victims (Law 205).

Key Provisions

Law 205 criminalizes sexual harassment and establishes a special fund under the Ministry of Social Affairs to support the rehabilitation and reintegration of victims into society. The fund is sustained through state contributions, donations, and 10% of the fines imposed under Article 2 of the law, which are directed to the fund by court order (Lebanese University Legal Informatics Center, 2021). However, to date, there is no information on whether the fund has been activated or remains only on paper.

In addition to criminal charges, employers and organizations can take disciplinary action, and victims of sexual harassment can seek compensation for damages. The law also punishes perpetrators and offers protection to victims and witnesses who come forward. Specifically, it attempts to safeguard those who report harassment or testify about it, preventing discrimination or mistreatment during the investigation and prosecution.  

However, while Article 5 of Law 205 recognizes a victim’s right to claim compensation for psychological, moral, or material harm, and Article 6 mandates the creation of a fund under the Ministry of Social Affairs, Law 205 does not delineate procedural steps (Lebanese University Legal Informatics Center, 2021).

Moreover, Law 205 provides higher penalties when a “relationship of dependency” exists (e.g., employer–employee, teacher–student) or when harassment occurs in specified institutions (The World Bank Group, 2022). For example, the toughest penalties―2 to 4 years in prison and fines of 30 to 50 times the minimum wage―are reserved for perpetrators who have significant power over the victim.

For example, this applies if the victim is physically disabled or unable to defend themselves, if the harassment involves multiple perpetrators, or if the offender exerts serious pressure to obtain sexual favors. However, there is no publicly reported case law to date showing courts applying this aggravating factor (Jabbour and Elzir, 2022).

A Step Forward

Many international bodies and local organizations have heralded Law 205 as the first of its kind in the region, with a number of advantages and benefits.

First, the mere passage of such legislation, after years of advocacy, is considered a leap forward. It comes in response to a rise in reported cases of sexual harassment and aims to ensure comprehensive legal mechanisms that protect against sexual violence.

Second, the key benefit of the law is its protection of victims against retaliation, ensuring safety in areas such as pay, promotions, transfers, contract renewals, or punitive actions. It also safeguards whistleblowers, particularly as the burden of proof is often placed on the victims (Jabbour and Elzir, 2022), making it illegal to discriminate against individuals who report harassment or testify about it. Retaliation can lead to up to six months in prison and a fine of 20 times the minimum wage.

Third, the adoption of Law 205 in 2020 coincided with reforming the 2014 domestic violence law (Law 293). This expanded the legal architecture for countering gender-based violence in Lebanon. Recent legislation recognizes domestic violence as a crime, even when the individuals involved are not married. This broadens the legal protection for victims by acknowledging that abuse can extend beyond the traditional boundaries of marriage itself (Taouk, 2023).

However, such amendments focus primarily on women in marital situations and do not sufficiently protect all genders from violence and abuse, even though they are also affected by these crimes. Nevertheless, these updates mark significant progress, providing much-needed support and protection for women facing harassment and domestic violence in Lebanon (Taouk, 2023).

Shortcomings and Implementation

Numerous organizations, politicians, activists, and lawyers have criticized Law 205 for having shortcomings that make it ineffective in preventing sexual harassment and properly protecting victims.

First, critics have argued that the law falls short of meeting the requirements of the Violence and Harassment Convention, including addressing sexual harassment as a crime, developing and implementing preventative measures, and initiating labor law reforms (ILO 2019). It also emphasizes developing enforcement mechanisms and enacting civil sanctions, in adherence with international guidelines (Taouk, 2023; Human Rights Watch, 2021).

Second, a key advancement in the law is that criminal prosecution does not prevent victims from seeking civil remedies, including compensation for wrongful termination or other damages. However, the law lacks a clear legal framework for survivors to pursue these remedies through civil courts.

Third, Article 3 of the law mentions the need to protect victims and witnesses during investigations and prosecutions, but critics have argued that this process remains vague (Human Rights Watch, 2021). Moreover, because cases under Law 205 are handled by the penal courts, they proceed as public trials. Legal analysts point out that this lack of confidentiality constitutes an additional deterrent. Specifically, victims may fear public censure, retaliation, embarrassment, or shame associated with having their case exposed publicly (National Commission for Lebanese Women, 2022).

Fourth, Law 205 also faces additional challenges that limit its effectiveness. For example, it lacks clear mechanisms for reporting and ensuring compliance, leaving victims exposed to ongoing abuse (Aridi and Aridi, 2022). Specifically, a major challenge is that the burden of proof lies with the plaintiff, who must prove that sexual harassment occurred, which is often difficult to establish (Jabbour and Elzir, 2022; Khneisser, 2018).

Despite the law's enactment, women remain largely unprotected, and meaningful changes to address sexual harassment have yet to be realized. The slow implementation of the law, combined with Lebanon's ongoing economic hardships, means that many women prioritize basic survival over reporting harassment (Ghali, 2022). The absence of gender-sensitive training in law enforcement and the judicial system, along with the persistence of gender stereotypes and discriminatory attitudes, further hinders women’s ability to resort to the law to get justice (Siren Associates, 2023).

WHY IS THIS IMPORTANT?

Law 205 represents progress in ensuring gender equality and protection against sexual violence. By recognizing sexual harassment as a crime, Law 205 helps challenge cultural norms that have allowed such behavior to persist without any legal consequences. This law marks significant progress by criminalizing sexual harassment and providing protection for whistleblowers. However, it does not fulfill the standards set by the ILO’s Violence and Harassment Convention and contains shortcomings and challenges to implementation (Human Rights Watch, 2021).

The challenges in implementing Law 205, such as the burden of proof on victims, lack of clear reporting mechanisms, and societal barriers, highlight the difficulties in translating legal reforms into meaningful change. Addressing these challenges is crucial to ensuring that the law is effective and that victims of sexual harassment in Lebanon feel safe and empowered to come forward.

References

Aridi, R. and Aridi, L. (2022). Sexual Harassment in Lebanon. Global History Dialogues. Azhari, T. (2020, 21 December). Lebanon Passes Landmark Sexual Harassment Law. Al Jazeera.

Ghali, M. (2020). A Long Way to Go to Combat Sexual Harassment in Lebanon. The New Arab.

GIZ and the National Commission for Lebanese Women. (2022, November). Lebanon Gender Equality Barometer: Sexual Harassment Beirut, Lebanon: NCLW.

Human Rights Watch. (2021, 2 August). Lebanon: Sexual Harassment Law Missing Key Protections. Human Rights Watch.

International Labour Organization. (2019). C190 – Violence and Harassment Convention, 2019 (No. 190). International Labour Organization.

Jabbour, R. and Elzir, A. (2022, 13 January). Sexual Harassment in the Workplace in Lebanon – Where Are We Headed? World Bank Blogs.

Khneisser, M. (2018). Examining Sexual Harassment Draft Laws in Lebanon: Women’s Equal Right to Public Space. American University of Beirut Policy Institute.

Lebanese University Legal Informatics Center. (2021). Aiming to Criminalize Sexual Harassment and Rehabilitate Its Victims.

Siren Associates. (2023). Tackling Sexual Harassment in Lebanon: Law 205 and the Women, Peace and Security Agenda. Siren Associates.

Taouk, M. (2023). Is Criminalizing Sexual Harassment Enough? Lebanon’s Anti-Sexual Harassment Law: Benefits and Drawbacks. SSRN Electronic Journal.

The World Bank Group. (2022). The Business Case for Investing in Women’s Employment in Lebanon - Company Insight HOLDAL Abou Adal Group, Lebanon: Advancing Gender Diversity through Effective Anti-Sexual Harassment Mechanisms. The World Bank Group.