copyright © 2005 The Daily Star

Friday, May 27, 2005
Up in the palace, a dead duck walking


By Michael Young
Daily Star staff

When he took over the Lebanese presidency in 1998, Emile Lahoud promised transparency and a strengthening of national institutions. He then set about transparently institutionalizing a military regime similar to the kind favored by his creator, Syrian President Bashar Assad. Today, Lahoud has a more daunting challenge: choosing the method of his political execution.

In recent weeks the president has seen the smaller props of his power give way: Issam Fares, the former deputy prime minister, bowed out from the forthcoming elections earlier this month; former Prime Minister Omar Karami did so last week; and on Monday the president's son, Emile, declared that his displeasure with the 2000 election law made it impossible for him to be a candidate. The Metn, his constituency, would have voted at the qada level whichever election law was adopted, so his principled stand was slightly preposterous. Nor did he mention that the 2000 law was designed to ensure, among other things, that he would enter Parliament.

The president is living on borrowed time. Once the elections are over and a new Parliament begins its term, it will plot his ouster. Lahoud can use his constitutional prerogatives, Maronite sensitivities, or worse, to stay put, but at best he will only defer an inevitable departure. The president was never much concerned with the national consensus - witness his ready acceptance of a detested extended mandate - and his instinct is to put up a fight even if this leads to a prolonged crisis. However, such an escalation will mean his chances of receiving quarter from his foes will diminish by the day.

One can charitably say that Lahoud will not be remembered as a great president - if he's remembered at all. Yet it needn't have ended this way. His error was to accept the script that Assad wrote for him, when there actually was a need in 1998 for an institutional counterweight to Rafik Hariri and Nabih Berri. While some of us warned that Lahoud sailed in on a wave of demagoguery and capricious populism (how well we remember the stories of Elias Hrawi's fly-by-night departure from the presidential palace, disseminated to better enhance Lahoud's supposed incorruptibility), the Lebanese did applaud him. Only Walid Jumblatt showed sense in describing the president's inauguration speech as descending "from the throne."

The masses soon lost their illusions about the man, picking up on the fact that his task was to transform Lebanon into a miniature Syria. What everyone saw was an ersatz police state providing scaffolding for a lusty kleptocracy. Those with a good memory recalled how, as army commander, Lahoud had once ordered his units to go on strike because the then-finance minister, Fouad Siniora, had suggested equalizing officers' retirement pensions with those of other civil servants. The president was a man of institutions, but only when he could twist and turn them his way.

In 2000, Lahoud suffered a debilitating defeat in parliamentary elections, even though his helpers performed valiantly in trying to manipulate the results to his advantage. Just to show it wasn't all a fluke, in 2002, during a by-election in the Metn to fill the seat of the late Albert Mokheiber, the president and his allies lost once again. A reason was that Lahoud's cousin, Nassib, succeeded in cobbling together an alliance that included his own supporters, those of Amin Gemayel, and a coalition of opposition groups, including the Aounists, behind Gabriel Murr. While Murr ultimately paid for his insolence by losing both his mandate and a television station, the outcome showed that the allegedly indomitable duopoly of Lahoud and Michel Murr was far less sturdy than anyone had imagined.

How will Lahoud go away? The experts are not quite sure. The new Parliament can amend the Constitution and scrap the three-year extension. However, this requires several steps, both in the Cabinet and Parliament, creating the possibility of delay. Conversely, Lahoud's adversaries can make his life so miserable politically that he will have no option but to resign, or suffer public contempt for his stubbornness. The president will fall back on sectarian arguments and point out that his persecution is that of all Maronites. However, this will go nowhere, and as the situation worsens Maronite Patriarch Nasrallah Sfeir will endorse Lahoud's defenestration, realizing his community will suffer more if the president remains.

Lawyer Chibli Mallat, among the first who sought to drive Lahoud out, offers another argument: international law. As Mallat sees it, Lahoud's and the Syrians' violation of Security Council Resolution 1559 can be used to invalidate the president's mandate. The Security Council declared "its support for a free and fair electoral process in Lebanon's upcoming presidential election conducted according to Lebanese constitutional rules devised without foreign interference or influence." However, the report on Hariri's assassination by UN investigator Peter Fitzgerald specifically mentioned that the prime minister had been threatened by Assad at their infamous August meeting in Damascus, so that Hariri was forced to accept an extended presidency. This, says Mallat, is at odds with the "free and fair" conditions in Resolution 1559, but also the injunction against foreign interference or influence.

As parliamentary elections approach, it is apparent that Lebanon will soon embark on a political garage sale of major proportions. Most of the hood ornaments the Syrian regime had put in place will soon be gone, except for those aided and abetted by Nabih Berri and Hizbullah in South Lebanon and in Baalbek-Hermel. Even the speaker himself is preparing to vacate his seat after 13 years of service. Emile Lahoud will shortly find his palace on the hill exceedingly lonely, its bulging flower vases the last comrades in the president's own version of Waterloo.

The only thing Lahoud can yet decide upon is the form of his swift departure. His enemies will probably accord him the favor of an honorable evacuation. One idea making the rounds is that he be allowed to complete a year in office, in lieu of three. But all know that hovering over the president's head is the UN investigation into the murder of Rafik Hariri, and that somewhere in there, something may stain Lahoud or his closest collaborators. It's all falling down, and perhaps in his final moments in Baabda, Lahoud will recall that lachrymose hoax of a story that the Syrian propaganda services put out when Hafez Assad died in 2000. They solemnly swore that the old man had expired while on the phone to Lahoud as the two were discussing what they would bequeath their children's generation.

The romantics in Damascus were too dim to realize that their account implied that Assad had been cut low by thoughts far too generous for him. Lahoud, on the other hand, had five more years to make real the idea of a respectable inheritance. He failed to do so, and it's now his turn to go. Lebanon is a cruel place for those who refuse to take it seriously.


Michael Young is opinion editor of THE DAILY STAR.



Copyright © 2005 The Daily Star

Lebanese National Accord Document “Altaef agreement” & Resolution 1559 Set by Security Council

The document of Lebanese national accord known by “Altaef Agreement” considered as main reference that sovereignty of Lebanon rely on, as a final reference which provides Lebanese their national accord after destructive civil war.

Since murder of former premier Rafiq Alhareri the sponsor of “Altaef Agreement”, Lebanese opposition escalates their protests against government demanding return back to Altaef Agreement, considered as first and last legitimacy, that what national community also demands.

Document of Lebanese National Accord
Authenticated by Parliament on 5/11/1989
I. General Principles and Reformations
1. General Principles
a-Lebanon is free, sovereign and independent country, ultimately homeland for all its citizens, united by land, people and establishments, in its frontier stipulated in constitution and recognized internationally.

b-Lebanon is an Arabian nationality country and belonging, is a founder and active member in League of Arab States, committed in all pacts, it is also a founder and active member in United Nations organization, committed in its charter. It is a member of Nonaligned Nations. The Lebanese country embodies those principles in all fields and domains without exception.

c-Lebanon is a democratic and parliamentary republic, bases on observation of public rights, in the van, right of creed and opinion, social fairness and equality in rights and duties among all citizens without discrimination or partiality.

d-The people is source of authorities and the sovereign, handle it through constitutional establishments.

e-The system bases on separation among authorities, their balances and cooperation.

f-The economic system is free, guarantees individual initiative and personal possession.

g-The balance development for areas culturally, socially and economically is a basic element of unity elements of country and stability of the system.

h-Working to accomplish inclusive social justice, by reformation financially, economically and socially.

i-The land of Lebanon is unique land for all Lebanese. Each Lebanese citizen has the right of residence in any part of it, and uses it under law sovereignty, impartiality to any affiliation, without partition, separation and settlement. That means- no legitimacy to any authority contradicts pact of co-living.

2- Political Reformations
a- Parliament
The parliament is the legislative power does inclusive observation on policy and working of government:

President and deputy of parliament will be elected for the period of parliament.
The parliament has the right, only one time and after two years of election of its president and deputy, in first session holds to vote for no confidence of parliament president or its deputy by majority of two third of total members according to petition signed by ten representatives at least. In this case, the parliament has to hold a session to fill the blank post.
Each law project directed form Cabinet to parliament, as urgent attribute, its taboo to enact it only after list it in the schedule of general session and read it in edition to period expiry stipulated in constitution without settlement, and after approval of Cabinet.
The electoral district is the governorate.
Till the parliament enacts election’s law out of sectarian limit, the parliament seats will be dealt according to the rules as follows:
Equality between Muslims and Christians
Relatively among groups of those two sects
Relatively upon geographical regions
The number of parliament members will be increased to (108) in half between Muslims and Christians. but the recent positions, on basis of this document, and positions occupied previously before announcement will be occupied by, for single time and exclusively, assignment of the form-intended government of national accord.
After election of first parliament on national base and not racial, a senate will be formed to represent all spiritual families and its authorities restricted for fateful cases.
b- President of Country
The Reliublic’s liresident is the President of country and he is the symbol of homeland’s unity. He keeps observing constitution, maintaining independence, unity of Lebanon, and securing its lands according to constitution articles. He is the high leader of military forces submitted to authority of Cabinet. He has these following authorities:

He can head the cabinet when he wants without vote.
He can head the high military council
He can enact decrees and demand to publish. He has the right to request from cabinet to reconsideration of any resolutions enacted by cabinet during fifteen days from the date of delivery to presidency. If the cabinet insists on enacted resolution or expiry of period without issuing decree or return it, so the decree will be valid and publishable.
He enacts laws in determined periods in constitution and demands to publish after authenticity in parliament, he can also, after cabinet’s acquaintance, demand reconsideration in laws during determined periods in accordance to articles of constitution, if the duration expired without issuing or returning, so these laws will be valid and have to be published.
He refers laws, directed to him from cabinet, to parliament.
He nominates premier of government to consult the head of parliament according to obligatory parliamentary consults, he informs him officially about its’ results.
He enacts decree of prime minister’s appointment singly.
He enacts with approval of premier decree of forming government.
He enacts decrees to approve resignation of government or resignation of ministers or dismissal.
He accredits ambassadors and provides them with credentials. He grants country medals by decree.
He leads negotiation to conclude international treaties with consent of premier. Which are invalid only after approval of cabinet. The government will inform parliament when interest and security of country require that. But if treaties include conditions related to country finance, commercial treaties and others that are irrevocable year after year, so these treaties cannot be concluded without parliament consent.
He directs messages to parliament if necessary.
He invites parliament with premier consent to hold exclusive sessions by decree.
He has the right to display any urgent matters to cabinet out of workings’ schedule.
He summons cabinet exclusively if it is necessary with premier consent.
He grants general amnesty by decree.
No questions directed to republic’s president during his duties except when he contravenes constitution or in case of high treason.
c- Prime minister
The premier of cabinet is the president of government, which he represents it and speaks on its behalf; he is responsible of achieving general policy set by cabinet. He has these following authorities:

He heads the cabinet.
He handles parliamentary consults to form government and signs forming creed with president. The government has to offer the parliament by ministerial statement to grant confidence in duration of thirty days. The government cannot use it’s power only after gets confidence nor after resignation and not considered resigned except in limit meaning to handle workings.
He presents general policy of government to parliament.
He signs all decrees, except decree of premier’s appointment and decree of consent to government’s resignation or consider resigned.
He signs decree of invitation to open exclusive session and decrees of laws enactment. And reconsideration’s demand.
He summons cabinet to session and he sets its workings schedule, he previously informs president about subjects included, and urgent subjects that will be discussed, he signs the official journal of sessions.
He pursues workings of administrations and general establishments, he coordinates among ministers, he also directs general instructions to secure working procedures.
He holds work sessions with specialized authorities in country in presence of concerned minister.
He is legally vice of high military council’s president.
d- The cabinet
The executive power is commissioned by cabinet. Some of authorities it has:

setting the general policy of country in all fields, puts laws projects and decrees, in addition to issue resolutions required to applying them.
carefulness to fulfilling laws and regulations, in addition to supervision of all works of government cadres, including administrations, civil, military and security establishments without exception.
the cabinet is the authority that military forces submit to.
Assigning the government’s employees, and dismissing them, or approving their resignations in accordance to law.
It has the right to parliament dissolution under request of president of republic, if the parliament refuses meeting for session normal or exclusive in duration not less than one month, in spite of summoning twice in a row or in case of return all budget aiming to paralyze government hand from working. It is prohibited to use this right for the same reasons led to parliament dissolution at first time.
The president of republic heads the cabinet sessions when he attends.
The cabinet meets periodically in special building. The legal quote to session is majority of two thirds of its’ members. It makes resolutions in agreement, otherwise by votes. The decisions made by majority of presence.
But, basic subjects needs consent two third of cabinet members. These following subjects considered as basic subjects:

State of emergency and end it
War and peace
General mobilization
Agreements and international treaties
General budget of country
Development plans inclusive and for long period
Appointment of first degree employees or equal
Reconsideration of administration distributing
Nationality law
Personal status law
Ministers’ dismissal
e-The minister
The minister’s power will be boosted in accordance to general policy of government with principle of collective responsibility, he will not be dismissed form his post except by resolution of cabinet, or to vote for no confidence individually in parliament.

f-Resignation of government and considered as resigned, and dismissal of ministers

The government will be resigned in these following cases:
If president of government resigned
If it lost more than one-third part of determined number of members in decree of forming it
By death of it’s president
When president or republic starts period of rule
When start of parliament’s period
When parliament decides for no confidence of government by it’s initiative or according to put confidence to the vote
The dismissal of minister is by decree signed by president of republic and premier after approval of cabinet
When the government resigned or considered as resigned, the parliament has to holding exclusive sessions till forming new government and getting confidence
g- Canceling political sectarian
It is a basic national aim requires depending on a step plan. The parliament elected according to halving between Muslims and Christians to undertake proper procedures to get to this aim and to form national authority headed by the president, Prime Minister and political, thought and social personalities. The authority is going to put a study and suggest warranted ways to erase sectarian and to submit it to the parliament and ministers' council to observe carrying out this plan in the temporary period as below:

Canceling the base of fanatic representing and adopting equivalency and specialization in public employments, judiciary, security and military establishments, public and mixed establishments and independents interests according to requirements of national concord except first class employments and its equals halved between Muslims and Christians without allocating any employment for any sectarian.
Canceling sect and belief in the ID.
3. Political reforms
a.Administrative Decentralization

The Lebanon State is a unique country having a strong central authority.
Expanding authorities of governors and district commissioners and presenting all departments of the state in service regions on possible high level to facilitate serving citizens and providing their needs locally.
Reviewing department classifying to secure national molding inside share living and unite of land, people and establishments.
Adopting enlarged department decentralization on the levels of minimum department components (district and less) by electing a council for each district headed by district commissioners to secure local participating.
Adopting global united developing plan for the country able to improve Lebanese areas and develop it economically and socially and strength resources of municipals, united municipals and municipal unions with required financial capabilities.
b.Courts

To secure obeying all officials and citizens to law domination and to warrant accordance of legislative and executive function with granted share living and fundamental Lebanese's rights dictated in the constitution:
Forming the premier council dictated in the constitution to court presidents and prime ministers and legislating a special article deals with origins of trails inside it.
Establishing constitutional council to interpret the constitution and observe the constitutionality of articles and determinate conflicts and appeals resulted from presidential and councilor elections.
The following authorities has the right refer to the constitutional council concerning with interpreting the constitution and observing constitutionality of articles:
The president.
Head of the Parliament.
The Prime Minister.
A certain rate of parliament members.
To secure the doctrine of agreement between religion and state, the heads of Lebanon fanatics have the right to refer to the constitutional council concerning with:
Personal status.
Liberty belief and practicing religious ceremonies.
Liberty of religion education.
c.Parliamentary Election article.

Parliamentary elections are carried out in accordance with a new election article based upon the governorate and respect basics, which secure common living among Lebanese and warrant the correct political representative for various classes of the people and its generations and to activate this representative after reviewing department classification in the circumstance of the unite of land, people and establishments.
d.Establishing economic and social council for development.
This council is established to secure participating representatives of various sectors in forming economic and social policy of the state by presenting advice and suggestions.
d.Education

Providing science for all and make it compulsory at the primary stage at least.
Emphasizing on private education according to the laws and public regulations.
Protect the private education and strength state observing on the private schools and the text book.
Reforming the formal, professional and technique education, strengthen and develop it to response and fit the developing and construction needs of the country and reforming conditions of Lebanon University and presenting her support especially in its practical faculties.
Reviewing textbooks and develop them to strengthen national belong and citizenship, soul and cultural opening and unite the textbook in the subjects of history and citizenship education.
e.Media
Reorganizing all media under the law and form responsible liberty to fulfill the concord directions and ending the war case.

II. To Spread domination of Lebanon state on all over Lebanese lands
As it is agreed between Lebanese parts to establish the strong state capable based upon national concord, the concord government will set a detailed security plan lasts for one year aims to gradually spread Lebanon state all over Lebanese lands by their own forces as detailed below:
a.Announcing to solve all Lebanese and non Lebanese militias and to deliver their weapons to the Lebanon state within 6 months begins after signing on the document of national concord and elect the president and form national concord government and adopting political reforms constitutionally.

b.Strengthening internal security forces by:

Opening volunteer for all Lebanese without any exceptions and start to train them centrally and then distribute them on units in the governorates under periodical and organized training courses.
Strengthening security department in accordance with fixing operations of entering and exiting persons across borders on land, sea and air.
c.Strengthening military forces:

The main mission of armed forces is to defend home and to protect public regime in necessary when danger comes out of control of internal security forces capabilities as alone in its treatment.
Armed forces are used to support internal security forces to keep security in the conditions decided by the Ministers council.
Unite and train armed forces being able to afford their national responsibilities in facing Israel offence.
When internal security forces become ready to undertake their security missions, they get back to their barracks.
Reorganize armed forces intelligence to serve military purposes only.
d.Solving Lebanese immigrants basically and confirming the right of each Lebanese since 1974 to get back to their places deserted from and set legislations warrant them this right and secure quarantined ways of rebuilding. As the aim of the Lebanon state is to spread its authority all over the Lebanese lands by its own forces basically represented by internal security forces and the fact of the brotherhood relationship liking Syria and Lebanon to spread the authority of Lebanon state in a limited period lasts for two years at most, begins after signing the document of national concord, electing the president, forming the government of national concord, and confirming political reforms constitutionally, then the Syrian government and the national concord government decide to recentralize Syrian forces in Al-Biqa' area and the entrance of the western Biqa' at the back of Baider till the line of Hamana Al-Mdireej Ain Darah and if it is necessary in other points limited by a mutual Syrian Lebanese military committee. Also it is to put an agreement between the two governments' compulsory dictate limiting size and term of creating Syrian forces in the above areas and to demonstrate relation of these forces with the Lebanon state authorities at their locations. The premier Arabic cubic committee is ready to assist the two states in getting this agreement if they wished to.

III. Liberate Lebanon from Israel occupation.
Recovering the authority of the state to the farthest points of Lebanese international borders requires:

a-Working on carrying out the decision 425 and all other International Security Council dictated to remove Israel occupation completely.

b-Holding on peace agreement signed on 23rd of March 1949.

c-Undertake all procedures required to liberate all Lebanese lands from Israel occupation and spread the state's dominating all over its lands and spread Lebanese army in the International Lebanon borders' area and working on to support existing International Emergency Forces in the south of Lebanon to secure Israel's withdrawal and give the chance to return security and independence to the border's area.

IV. Syrian Lebanese relationship
Lebanon, which has an Arabic ID and belongs, connects all Arab countries with brotherhood truth relationship. And there is a distinguished relationships links it with Syria derive it strength from the roots of relatives, history and mutual brotherhood interests, which is a concept supports concord and cooperation between the two countries and will be embodied by agreements singed between them in many fields; to reach interests of the two brother countries in the setting of dominate and independence for each other. Accordingly and as fixing security basis provide the required environment to develop these distinguished relations, it is required not make Lebanon as a source of threading to the security of Syria and Syria's towards Lebanon in any situation. So, Lebanon will not allow being a path or a stable for any power or state or an organization aims contacts its security or Syrian's. And Syria, which conserve the security, independence, unite and concord of their citizens, will not allow any action threads his security, independence and domination.

International Security Council's decision No.1559
Below is the literal dictation of the International Security Council's decision No. 1559 about Lebanon in its formal and final construction:

As Security Council flashbacks all its last decisions about Lebanon, especially the decisions 425 (1978), 426 (1978) on 19th Mar. 1978, 520 (1982) on 17th Sep. 1982 and 1553 (2004) on 29th Jul. 2004, in addition to its presidential announcements about the case of Lebanon, especially No. 21 on 18th Jun. 2000, as reemphasize his strong support towards Lebanese's lands unite and his domination and political independence inside his international regional borders and, as it observes the determining of Lebanon to secure withdrawal all not Lebanese forces from there and, as it expresses its utmost worry for the continuous existing of armed militias in Lebanon that barriers the Lebanese government to practice its complete domination on whole Lebanese earth, as reemphasize on the significance of spreading the Lebanese government authority all over Lebanese earth and as it put in its respect the presidential next elections, it emphasizes to procure justice and free elections according to the constitutional Lebanese basis with no abroad interference or influence:

1.It reemphasize its call to the accurate respect of Lebanon's domination and the safety of its lands, unite and political independence under the only limited government of Lebanon all over its areas.

2. It demands all rest foreign forces to withdrawal from Lebanon.

3. It calls to solve and disarm weapons all Lebanese and not Lebanese militias.

4. It supports spreading authority of Lebanese government all over the Lebanese earth.

5. It announces its support to procure a justice and free elections in the next presidential Lebanese elections according to the constitutional Lebanese basis with no abroad interference or influence.

6. It call all concerned parts to assist completely and urgently with the Security Council to carry out this decision and all other concerned decisions to recover the unite of Lebanese lands, its complete domination and its political independence.

7.General Secretary is inquired to present a report to the Security Council within 30 days about the carrying of concerned parts for this decision and decide to put this case under its active observe.

Source: Alarabia net (Dubai)