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Item=787

LEBANON
At A Glance Population9 .uly 5::8 est. ,/P Per "apita ;PPP<9 5::8 est. *uman /e>elopment Index 'an?9 #)/P9 5::8 6reedom *ouse 'ating9 5::8 Political 'ig@ts "i>il Liberties 6reedom of t@e Press 'an?9 6reedom *ouse9 5::8 "orruption Index 'an?9 $ransparency International9 5::7 7915+9+:5 =+9+:: 78 ;out of 477 countries< Partly 6ree + A 458 ;out of 41A countries< 11 ;out of 48: countries<

UPDATES AND FORTHCOMING EVENTS ............................................................................................3 UPDATES AND FORTHCOMING EVENTS ............................................................................................3
! "#$I% &'()"* .....................................................................................................................................+ L ,I-L($I% &'()"*...................................................................................................................................7 .#/I"I('0.....................................................................................................................................................1 L2"(L ,2% ')3 )$ ...............................................................................................................................44

RIGHTS .........................................................................................................................................................12 RIGHTS .........................................................................................................................................................12 P L

'-2)(L LI& '$I -..................................................................................................................................45 ,I-L($I2) ' ,#L($I), $* ! '"I- 26 'I,*$-................................................................................47

POLITICAL FORCES.................................................................................................................................16 POLITICAL FORCES.................................................................................................................................16 P2LI$I"(L P('$I - ....................................................................................................................................48 "I%IL -2"I $0.............................................................................................................................................41 ELECTION RESULTS.................................................................................................................................21 ELECTION RESULTS.................................................................................................................................21 CONSTITUTIONAL REVISION................................................................................................................23 CONSTITUTIONAL REVISION................................................................................................................23 CORRUPTION..............................................................................................................................................24 CORRUPTION..............................................................................................................................................24
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Arab Political Systems: Baseline Information and Reforms Lebanon

RATIFICATION OF INTERNATIONAL CONVENTIONS...................................................................25 RATIFICATION OF INTERNATIONAL CONVENTIONS...................................................................25

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Arab Political Systems: Baseline Information and Reforms Lebanon

Updates and Forthcoming Events

LebanonBs political institutions @a>e been paralyCed since D)ational /ialogueE meetings aimed at easing political tensions collapsed on )o>ember 449 5::8. Political leaders @ad initiated t@e meetings on 3arc@ 59 5::8 to discuss pressing issues t@at @a>e di>ided t@e Lebanese political scene since t@e 6ebruary 4A9 5::+ assassination of former Prime 3inister 'afiF *ariri. $@e meetings broug@t toget@er t@e leaders of 4A political groups including Prime 3inister 6ouad -iniora9 6uture 3o>ement parliamentary leader -aad *ariri9 /ruCe leader Galid .umblatt9 Lebanese 6orces leader -amir ,eagea9 6ree Patriotic mo>ement leader 3ic@el (oun9 P@alange Party leader (min ,emayel9 *iCbolla@ leader *assan )asralla@9 and -pea?er of Parliament )abi@ &erri. $@e tal?s collapsed after t@e go>erning maHority reHected demands from *iCbolla@ and its allies to be granted oneIt@ird of cabinet positions. -ix ministers ;fi>e from -@iBa political parties *iCbolla@ and (mal< wit@drew from t@e 5AImember cabinet in protest. *iCbolla@ accused t@e go>erning maHority led by Prime 3inister 6ouad -iniora of failing to bac? it during t@e .uly war wit@ Israel and of supporting #.-. and Israeli demands for its disarmament. $@e maHority coalition stated it was willing to include 3aronite leader ;and *iCbolla@ ally< 3ic@el (oun in t@e cabinet but refused to surrender a t@ird of cabinet posts9 w@ic@ would gi>e *iCbolla@ >eto power. $@e go>erning maHority accused *iCbolla@ of see?ing to >eto a statute appro>ing an international tribunal to prosecute suspects in t@e assassination of former Prime 3inister 'afiF *ariri in 6ebruary 5::+. 2pposition protesters affiliated wit@ *iCbolla@ and its allies @a>e demanded t@e resignation of t@e current go>ernment since /ecember 5::8. $@e #) -ecurity "ouncil appro>ed on 3ay 749 5::7 t@e creation of an international court to try suspects in t@e murder of former *ariri. $@e resolution was adopted by 4: >otes to Cero9 wit@ fi>e abstentions from 'ussia9 "@ina9 -out@ (frica9 Indonesia and Jatar. $@e establis@ment of t@e tribunal @as to be ratified by t@e parliament but t@e parliamentary spea?er9 )abi@ &erri9 w@o is part of t@e opposition alliance9 @as refused to con>ene a session so t@is can ta?e place. 6i>e 3Ps belonging to t@e 3arc@ 4A antiI-yria coalition @a>e been assassinated since *aririBs murderK (ntoine ,@anim in -eptember 5::79 Galid ido in .une 5::79 Pierre ,emayel ;also 3inister of Industry< in )o>ember 5::89 ,ibran $ueni in /ecember 5::+9 and &asil 6lei@an in (pril 5::+. $@e 3arc@ 4A coalition now @as a dwindling maHority of 87 in t@e 458Iseat parliament. 2n 6ebruary 5+9 5::8 t@e Lebanese parliament postponed for t@e fifteent@ time t@e session to elect a new president to 3arc@ 44. (rab League -ecretary ,eneral (mr 3oussa left Lebanon on 6ebruary 1 after failing to brea? t@e deadloc? between t@e Gestern and -audiIbac?ed maHority and t@e proI-yria opposition. $@e two sides agreed on (rmy "ommander ,eneral 3ic@el -uleiman as president9 but are now
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Arab Political Systems: Baseline Information and Reforms Lebanon

di>ided on t@e composition of a new go>ernment. Lebanon @as been wit@out a president since proI-yrian mile La@oud stepped down on )o>ember 579 5::7. 2n 6ebruary 4A9 5::89 t@ousands of Lebanese too? to t@e streets in two separate ralliesK *iCbolla@ supporters lined t@e streets of &eirut to watc@ t@e funeral procession of *iCbolla@ militant Imad 3ug@niya@9 ?illed 6ebruary 45 in a car bombing in /amascus. /uring t@e funeral9 *iCbolla@ c@ief *assan )asralla@ warned t@at t@e group is ready for Dopen warE wit@ Israel. -upporters of t@e go>ernment meanw@ile gat@ered in 3artyrs -Fuare to mar? t@e t@ird anni>ersary of t@e assassination of former Prime 3inister 'afiF alI*ariri. %iolent street clas@es later erupted in se>eral mixed -unniI-@iBi areas of &eirut on 6ebruary 489 lea>ing at least fourteen people inHured. 2n 6ebruary 459 Lebanese prosecutors c@arged nineteen soldiers9 including t@ree officers9 in t@e case of t@e fatal s@ooting of se>en -@iBi protestors in &eirut on .anuary 57.

Upcomi ! Po"i#ic$" E%& #'(

Parliament will attempt again to elect a president9 3arc@ 449 5::8

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Arab Political Systems: Baseline Information and Reforms Lebanon

State Institutions/ Separation of o!ers

Lebanon is a parliamentary republic. Its political system is based on t@e apportionment of parliamentary seats9 @ig@ political offices9 and senior administrati>e positions among t@e countryBs 47 recogniCed religious communities. $@e first Lebanese "onstitution9 on w@ic@ t@e present one is based9 was adopted on 3ay 579 4158 ; nglis@ $ext9 (rabic $ext<9 w@en t@e country was still subHect to 6renc@ administration under a League of )ations mandate. $@e constitution was amended as t@e result of an unwritten agreement9 t@e )ational Pact9 w@en t@e country became independent on )o>ember 559 41A7. $@e constitution was furt@er amended in 411: as a result of t@e $aBif (ccord ;see below<. $@e 41A7 )ational PactK I (llocated political power along confessional lines on t@e basis of t@e 4175 census. I -tipulated t@at t@e President must be a 3aronite "@ristian9 t@e Prime 3inister a -unni 3uslim9 and t@e -pea?er of Parliament a -@iBi 3uslim. I /i>ided seats in parliament according to a 8ItoI+ ratio of "@ristians to 3uslims. $@e 4181 $aiBf (ccord ; nglis@ $ext< w@ic@ ended t@e countryBs 4+Iyear ci>il war9 reaffirmed t@e confessional arrangement9 but introduced se>eral c@anges. $@ese c@anges resulted in constitutional amendments enacted in 411:. $@e $aBif (ccordK I I I /istributed parliamentary seats eFually between "@ristians and 3uslims. stablis@ed a cabinet di>ided eFually between "@ristians and 3uslims. 'educed t@e power of t@e 3aronite president. Prior to t@e $aLif (ccord9 t@e -unni Prime 3inister was appointed by and responsible to t@e 3aronite President. $@e (ccord made t@e Prime 3inister responsible to t@e legislature9 as in a traditional parliamentary system.

E"ecutive #ranch

$@e p)&'i*& # is t@e @ead of state. *eK I I Is elected by a twoIt@irds maHority of parliament. If no presidential candidates are able to meet t@e twoIt@irds maHority reFuirement in t@e first round of >oting9 a second round of >oting is sc@eduled in w@ic@ absolute maHority suffices. -er>es a sixIyear term wit@ consecuti>e terms forbidden. $@is law @as been bypassed by oneItime constitutional amendments twice in recent years ;passed by a twoIt@irds maHority in parliament<K in 411+9 President lias *rawiBs term was extended by t@ree years9 and in 5::A President mile La@oudBs term was also extended by 7 years. (ppoints t@e prime minister in consultation wit@ t@e parliament. Promulgates laws passed by t@e parliament. "an only issue decrees wit@ t@e appro>al of t@e prime minister or t@e rele>ant minister. $@e only exceptions are t@e decree appointing t@e prime minister and t@e decree accepting t@e resignation of t@e go>ernment. )egotiates and ratifies treaties in coordination wit@ t@e prime minister.
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Arab Political Systems: Baseline Information and Reforms Lebanon

I I I

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"an con>ene9 in agreement wit@ t@e prime minister9 t@e council of ministers to an extraordinary session. *as t@e rig@t to reFuest t@e council of ministers to re>ise any decision it ta?es. If t@e council maintains its position9 its decision is automatically considered to be in force. "an reFuest t@e council of ministers to dissol>e parliament before t@e end of its mandate only if t@e parliament fails to meet in two successi>e parliamentary sessions or fails to >ote on t@e entire budget wit@ t@e obHecti>e of bloc?ing t@e go>ernmentBs actions. "an pardon by decree. Is t@e commander in c@ief of t@e armed forces.

&ased on t@e unwritten )ational Pact of 41A79 t@e president is always a 3aronite "@ristian. mile La@oud became president on )o>ember 5A9 4118. *is term was due to expire in )o>ember 5::A but t@e Lebanese Parliament >oted on -eptember 79 5::A to enact a DoneItime9 exceptional amendmentE of article A1 of t@e "onstitution to extend it by t@ree years. )inetyIsix of 458 members of Parliament >oted for t@e extension9 fulfilling t@e twoIt@irds maHority reFuired to amend t@e constitution. La@oudBs term will now end on )o>ember 5A9 5::7. (fter t@e assassination of former Prime 3inister 'afi? *ariri on 6ebruary 4A9 5::+9 t@e formation of an antiI-yrian maHority in parliament and t@e arrests of senior presidential aides o>er t@e ?illing9 La@oud @as come under great pressure to resign.

$@e p)im& mi i'#&) is t@e @ead of go>ernment. *eK I I I I I Is appointed by t@e president in consultation wit@ parliament. 3embers of parliament also suggest candidates for t@e position. *eads t@e council of ministers and sets its agenda. "onducts t@e parliamentary consultations reFuisite to forming a cabinet. 3ust countersign all decrees along wit@ t@e president of t@e republic9 wit@ t@e exception of t@e decree accepting t@e resignation of t@e go>ernment. Is reFuired to sign international treaties.

&ased on t@e unwritten )ational Pact of 41A79 t@e prime minister is a -unni 3uslim. 6ouad -iniora became prime minister on .une 7:9 5::+ after being endorsed by 458 out of 458 members of parliament.

$@e Co+ ci" o, Mi i'#&)'K I I I I Is appointed by t@e prime minister9 in consultation wit@ t@e president and members of parliament. "abinet seats are allotted to sects in proportion to t@eir numbers. 'eFuires a >ote of confidence from t@e parliament in order to remain in power. ( >ote of no confidence is rarely exercised in practice. "ontrols t@e armed forces. Proposes legislation.
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-ubmits t@e annual budget plan to parliament. "an dissol>e t@e parliament upon reFuest of t@e president if parliament9 for no compelling reasons9 fails to meet during one of its regular periods and fails to meet t@roug@out two successi>e extraordinary periods9 eac@ longer t@an one mont@9 or if it reHects an annual budget plan wit@ t@e aim or paralyCing t@e go>ernment ;(rticle 8+<. $@is rig@t cannot be exercised a second time if it is for t@e same reasons w@ic@ led to t@e dissolution of parliament t@e first time. #sually ma?es its decisions by consensus but if consensus is impossible9 it ma?es decisions by maHority >ote of members present at t@e meeting. "ertain Dnational issues9E @owe>er9 reFuire t@e appro>al of two t@irds of all t@e members of t@e council. $@ese includeK amending t@e constitution9 declaring and ending a state of emergency9 declaring war9 signing peace agreements9 signing international treaties9 t@e annual go>ernment budget9 longIterm de>elopment proHects9 t@e appointment of @ig@Ile>el go>ernment employees9 t@e dissolution of parliament9 electoral laws9 nationality laws9 personal status laws9 and t@e dismissal of ministers. $@e current cabinet was appointed on .uly 419 5::+. "lic? @ere for a list of current ministers.

Legislative #ranch $@e )ational (ssembly is a unicameral legislati>e body composed of t@e "@amber of /eputies. $@e 458Imember C-$m.&) o, D&p+#i&' ;3aHlis alI)uwwab<K I I I I I I I Is elected by popular >ote for fi>eIyear terms on t@e basis of proportional representation for t@e >arious confessional groups. -ee t@e table below. Proposes legislation. Le>ies taxes and appro>es t@e budget. "an impeac@ t@e prime minister and ministers for @ig@ treason or for serious neglect of t@eir duties. $@e decision to impeac@ can only be ta?en by a twoIt@irds maHority of t@e total members@ip. "an Fuestion ministers on policy issues. "an wit@draw confidence from certain ministers. "an be dissol>ed by a Hoint decision of t@e President and t@e "ouncil of 3inisters if it fails to meet during one of its regular periods and fails to meet t@roug@out two successi>e extraordinary periods9 eac@ longer t@an one mont@9 or if it reHects an annual budget plan wit@ t@e aim or paralyCing t@e go>ernment. )ew elections must be @eld wit@in t@ree mont@s of dissolution. Co ,&''i o C-)
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Arab Political Systems: Baseline Information and Reforms Lebanon

i'#i$ ' 3ar onite s ,ree ? 2rt@ odox ,ree ? "at@ olic (rm enia n 2rt@ odox (rm enia n "at@ olic Prot estan t 2t@e r "@ri stian mino rities M+' "im' -unn i -@iB a /ruC e (la wite TO TAL

7 4

4 4

6 5 5 8 5 1

$@e $aBif (ccord stipulates t@at a @ig@er c@amber or a senate ;3aHlis al -@uyu?@< must be establis@ed after t@e first parliament is elected on a national9 nonIconfessional basis. $@is @ig@er c@amber is supposed to represent t@e >arious sects9 w@ile t@e
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Arab Political Systems: Baseline Information and Reforms Lebanon

"@amber of /eputies must be nonIsectarian. $@is stipulation was incorporated into t@e constitution in t@e 411: amendments ;(rticle 55< but t@e c@amber was ne>er set up.

$@e Sp&$/&) o, P$)"i$m& #K I I Is elected by t@e parliament. *as considerable power9 because @e can delay t@e presentation to parliament of t@e draft laws prepared by t@e executi>e branc@. $@is creates a situation in w@ic@ t@e prime minister and t@e council of ministers are forced to bargain wit@ t@e spea?er to ensure t@at draft laws are placed9 wit@in a reasonable amount of time9 on t@e agenda of t@e rele>ant parliamentary commissions. &ased on t@e unwritten )ational Pact of 41A79 t@e spea?er of parliament is always a -@iBi 3uslim. )abi@ &erri9 leader of t@e -@iBi (mal party was reIelected on .une 589 5::+ for a fourt@ term in office. *e was pre>iously elected in 41159 41189 and 5:::.

$udiciar%

LebanonBs constitution was written before extensi>e pro>isions for Hudicial bodies became common. G@ile it @as been amended9 t@ere @as been no attempt to detail pro>isions for t@e Hudiciary. (s amended in 411:9 LebanonBs constitution @as only two articles on t@e Hudiciary. (rticle 41 calls for t@e establis@ment of a "onstitutional "ouncil and (rticle 5: states t@at DHudicial power is to be exercised by t@e tribunals of >arious le>els and HurisdictionsE. (n additional article9 (rticle 8:9 deals wit@ trying ministers and presidents. LebanonBs regular court system is based on t@e )apoleonic code. $@ere is also a separate system of specialiCed confessional courts wit@ Hurisdiction o>er personal status matters ;rules on marriage9 di>orce9 and in@eritance< in t@eir respecti>e communities. $@e s@aria courts are di>ided into -unni and -@iBa units. $@ere are also courts for t@e >arious "@ristian sects9 /ruCe9 and .ews. (rticle 5: of t@e constitution pro>ides for an independent Hudiciary. In practice9 t@e Hudiciary is subHect to political pressure9 particularly in t@e appointments of ?ey prosecutors and in>estigating magistrates. 0+*ici$)1 Co+ ci"'
I

$@e "onstitutional "ouncil9 created by t@e411: constitutional amendments9 Hudges t@e constitutionality of laws and arbitrates conflicts t@at arise from presidential and parliamentary elections. It is composed of ten members9 @alf of t@em selected by t@e "@amber of /eputies and t@e ot@er @alf by t@e "ouncil of 3inisters. $@e
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Arab Political Systems: Baseline Information and Reforms Lebanon

President9 t@e spea?er of parliament9 t@e prime minister9 and ten members of parliament @a>e t@e rig@t to consult t@is council on matters t@at relate to t@e constitutionality of laws. $@e officially recogniCed @eads of religious communities @a>e t@e rig@t to consult t@e "ouncil concerning laws relating to personal status9 t@e freedom of belief and religious practice9 and t@e freedom of religious education. ;6renc@ $ext of t@e Law go>erning t@e "onstitutional "ouncil<. I I $@e "ouncil of -tate9 establis@ed in 415A9 is empowered to try disputes between indi>iduals and t@e state. $@e -upreme .udicial "ouncil9 @eaded by t@e "@ief .ustice of t@e "ourt of "assation9 is in c@arge of Hudicial appointments9 transfers9 and training. *owe>er9 in practice9 t@e 3inistry of .ustice performs t@ese functions in order to guarantee adeFuate representation for all confessional groups. $@e 3inistry of .ustice appoints all Hudges based on t@eir religious affiliation. Its decisions are submitted to t@e -upreme .udicial "ouncil for appro>al.

Co+)#' R&!+"$) Co+)#' I ( t@reeItiered @ierarc@y existsK I I I Co+)#' o, Fi)'# I '#$ c& ;ma@a?im bidaBiyya<K are organiCed into c@ambers of t@ree Hudges9 but a single Hudge may adHudicate minor ci>il and criminal cases. Co+)#' o, App&$" ;ma@a?im istiBnaf<K @ear appeals from t@e courts of 6irst Instance as well as felony cases. $@ere are six courts of appeal9 one located in eac@ go>ernorate. $@e Co+)# o, C$''$#io in &eirut ser>es as t@e final court of appeal for all lower court cases in t@e regular court system. It also adHudicates in t@e e>ent of Hudicial disputes between special and regular courts9 or between two types of special courts.

Sp&ci$" Co+)#' I $@e 3ilitary "ourt tries cases in>ol>ing military personnel and ci>ilians in securityIrelated issues ;suc@ as espionage9 treason9 weapons possession9 and draft e>asion cases<. $@e 3ilitary "ourt @as two tribunalsMt@e permanent tribunal and t@e cassation tribunal. $@e cassation tribunal9 @eaded by a ci>ilian Hudge9 @ears appeals from t@e permanent tribunal. /efendants on trial in t@e military tribunal @a>e t@e same procedural rig@ts as defendants in ordinary courts. $@e 3ilitary "ourt9 w@ic@ consists predominantly of military officers wit@ no legal training9 does not obser>e international standards of criminal procedure. 4:

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Arab Political Systems: Baseline Information and Reforms Lebanon

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$@e "ourt of (udit9 w@ic@ is attac@ed to t@e Prime 3inisterBs office9 o>ersees cases related to public funds. $@e .udicial "ouncil is a permanent tribunal of fi>e senior Hudges t@at adHudicates t@reats to national security. #pon t@e recommendation of t@e 3inister of .ustice9 t@e cabinet decides w@et@er to try a case before t@is tribunal. %erdicts from t@is tribunal are irre>ocable and may not be appealed. In addition9 t@ere are se>eral FuasiIHudicial or arbitration bodies for labor9 real estate9 and customs disputes.

R&,o)m + *&) Di'c+''io ( I Juestions of political accountability9 corruption9 and independence @a>e surfaced in Lebanon after t@e assassination of former Prime 3inister 'afi? *ariri on 6ebruary 4A9 5::+ and t@e conseFuent wit@drawal of -yrian troops from Lebanon. 6or t@e first time since t@e 417+I411: ci>il war9 Fuestions about t@e independence of t@e Hudiciary and t@e professionalism of t@e security forces are being debated not only by ci>il society acti>ists but by many parliamentarians.

Local Government

LebanonBs go>ernment is @ig@ly centraliCed. Lebanon is di>ided into six go>ernorates ;mo@afaCat<K &eirut9 )ort@ Lebanon9 3ount Lebanon9 -out@ Lebanon9 &e?aa9 and )abatiya@. ac@ go>ernorate is administered by a go>ernor ;mu@afiC< appointed by t@e council of ministers upon a proposal from t@e 3inistry of t@e Interior. $@e go>ernorates are furt@er subdi>ided into districts ;Fadat<9 eac@ of w@ic@ is presided o>er by a district c@ief ;FaBem maFam<. 3unicipalities ;communities wit@ at least +:: in@abitants< elect t@eir own councils9 w@ic@ in turn elect mayors and >ice mayors. $@ere are 77+ municipalities. "lic? -&)& for a complete list of municipalities. /espite t@e fact t@at t@ey @a>e elected councils and t@at 3unicipal Law 448 of 4117 ;A)$.ic T&2#< ma?es t@em financially autonomous9 municipalities @a>e >ery little power. (ll local go>ernment officers ser>e fourIyear terms.

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Arab Political Systems: Baseline Information and Reforms Lebanon

&ights
ersonal li#erties

$@e constitution formally guarantees a broad array of rig@ts and liberties. In practice some of t@ese rig@ts are >iolated. $@e constitution guarantees freedom of speec@9 and association Dwit@in t@e limits establis@ed by law.E $@e "onstitution pro>ides for freedom of assembly9 but t@is rig@t is restricted in practice. Public demonstrations are not permitted wit@out prior appro>al from t@e Interior 3inistry9 is arbitrary in its decisions. #ntil t@e assassination of former Prime 3inister 'afiF *ariri in 6ebruary 5::+9 security forces routinely beat and arrested citiCens demonstrating against t@e -yrian presence in Lebanon. $@e constitution includes pro>isions for freedom of conscience and t@e free exercise of all forms of wors@ip9 as long as t@e dignity of t@e se>eral religions and t@e public order are not affected. -tate recognition is not a legal reFuirement for religious wors@ip or practice9 and denominations t@at are not recogniCed officially are allowed to practice t@eir fait@ wit@out go>ernment interference. *owe>er9 t@eir personal status pro>isions are not legally recogniCed. $@e "onstitution does not specifically pro@ibit torture. $@ere are reports t@at security forces occasionally abuse detainees and in some cases torture @as been used to extract confessions. Lebanese security forces are reFuired by law to obtain warrants before ma?ing arrests9 but arbitrary arrests and detentions are commonplace. $@e 5::A report by t@e Parliamentary "ommission for *uman 'ig@ts estimated t@at of t@e approximately +9::: persons being @eld in prison at t@e time9 one t@ird @ad not been con>icted of any crime. $@e "ode of "riminal Procedure pro>ides legal protection to suspects9 including t@e rig@t to a lawyer9 to a medical examination9 and to inform next of ?in. #nder t@e code9 arresting officers are reFuired to refer a subHect to a prosecution wit@in A8 @ours of arrest. Lengt@y preItrial detention and long delays in trials remain problems. (rticle A77 and A7A of LebanonBs penal code ma?e public blasp@emy and publicly insulting a religion a crime punis@able by a maximum of one year in Hail. Palestinian refugees li>ing in Lebanon face restrictions on wor?ing9 building @omes9 and purc@asing property. (ccording to t@e #) 'elief and Gor?s (gency ;#)'G(<9 A:59+85 Palestinian refugees were registered in Lebanon in 3arc@ 5::+. 3ost li>e in selfIgo>erned refugee camps.

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Arab Political Systems: Baseline Information and Reforms Lebanon

$@e )ew 0or?Ibased organiCation *uman 'ig@ts Gatc@ pro>ides a compre@ensi>e o>er>iew of @uman rig@ts de>elopments in Lebanon. "lic? @ere for a complete list of publications on Lebanon by (mnesty International.

Legislation regulating the e"ercise of rights

Po"i#ic$" P$)#1 L$3' I I Political parties in Lebanon are go>erned by t@e 41:1 Law of (ssociations ;see below<9 w@ic@ applies to bot@ political and nonIpolitical organiCations. (ccording to t@is law9 organiCations are reFuired to inform t@e go>ernment of t@eir establis@ment and of t@e byIlaws of t@e association.

E"&c#o)$" L$3 I (ccording to t@e constitution9 eac@ electoral district s@ould be allotted a preIestablis@ed number of confessional seats in order to maintain t@e confessional balance in t@e 458Imember parliament. *owe>er9 Lebanon lac?s a fixed9 stable legislati>e electoral law t@at specifies t@e siCe and boundaries of t@ese electoral districts. ( new law is drafted before most elections9 c@anging t@e number and siCe of electoral districts. $@e $aBif (ccord tried to sol>e t@e problem by declaring t@at t@e go>ernorate ;mu@afaCa< would be t@e exclusi>e basis for electoral districts. $@is system @as not been followed. "urrently9 t@e lectoral Law of 5::: go>erns t@e procedures for legislati>e elections ; nglis@ $ext9 (rabic $ext<. It di>ides Lebanon into 4A districts9 w@ose boundaries are ad @oc. $@e number of >otes needed to win a parliamentary seat according to t@e 5::: law >aries from approximately 459::: to A79:::. lections are monitored by t@e 3inistry of t@e Interior. $@ere is no independent election commission to o>ersee t@em.

I I

'eform #nder /iscussion I $@e problems of LebanonBs election law are widely ac?nowledged and t@ere is a growing consensus t@at t@e electoral law needs immediate re>ision. G@ile t@ere is a general consensus on t@e need for a new law9 politicians are deeply di>ided o>er se>eral issues9 primarily electoral districting. In t@e aftermat@ of *aririBs assassination9 political actors could not agree on t@e content of new law and ended up settling on an old law. $@e parliament elected in 5::+ promised to gi>e t@e issue priority9 and on (ugust 89 5::+ t@e go>ernment establis@ed an independent national
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Arab Political Systems: Baseline Information and Reforms Lebanon

commission to discuss t@e electoral law. $@e 45Imember national electoral law committee ;eFually di>ided among 3uslims and "@ristians< is @eaded by 6ouad &utros9 a widely respected former foreign minister. I $@e committee presented a draft electoral law to t@e Lebanese cabinet on .une 49 5::8. $@e draft law proposes t@at +4 3Ps be elected by proportional representation in t@e large go>ernorates ;mu@afaCat< and 77 3Ps by maHority >ote in t@e smaller districts ;Fada<. 2t@er amendments include bringing down t@e >oting age from 54 to 489 allowing Lebanese expatriates to >ote9 instituting a Fuota for female candidates9 and @olding elections t@roug@out t@e country on t@e same day instead of t@e existing mont@Ilong process. In an attempt to increase transparency in elections9 t@e draft also proposes creating an independent electoral commission9 pro@ibiting cabinet members from running in legislati>e elections9 and pre>enting amendments to t@e law in an election year. (fter re>iew in t@e cabinet9 t@e law will be submitted wit@in one mont@ to parliament9 w@ere it is expected to be t@e subHect of @eated debate.

L$3 o A''oci$#io ' I I $@e "onstitution pro>ides for freedom of association. G@ile t@e go>ernment does not interfere wit@ most organiCations9 it does impose limits on t@is rig@t. $ec@nically9 associations in Lebanon are subHect to t@e 41:1 2ttoman Law on (ssociations. $@is law reFuires only t@at any DassociationE ;defined as Da group composed of se>eral indi>iduals w@o unite t@eir information and efforts in a permanent fas@ion and do not aim to di>ide profitE< inform t@e 3inistry of t@e Interior of its existence. )o permits or licenses are needed to form t@e association. *owe>er9 t@e 3inistry of Interior sometimes >iolates t@is law by transforming t@e notification procedure into an appro>al process. $@e 3inistry sometimes also sends notification to t@e security forces w@o t@en conduct inFuiries regarding t@e organiCationBs founding members. 2rganiCations must in>ite ministry representati>es to any general assembly w@ere >otes are @eld for byIlaw amendments or elections are @eld for positions on t@e board of directors. $@e ministry also reFuires e>ery association to obtain its appro>al for any c@ange in byIlaws. 6ailure to do so could result in t@e dissolution of t@e association. I $@e 418A Labor Law pro>ides for t@e rig@t of association and t@e rig@t to organiCe9 stri?e9 and bargain collecti>ely. (ll wor?ers except t@ose in go>ernment may establis@ and Hoin unions.

M&*i$ L$3' I (rticle47 of t@e "onstitution guarantees freedom of t@e press. *owe>er9 t@e go>ernment limits t@ese rig@ts in practice by intimidating Hournalists and broadcasters.
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Arab Political Systems: Baseline Information and Reforms Lebanon

( 4114 treaty between -yria and Lebanon includes an explicit pledge by Lebanon to ban all political and media acti>ity t@at mig@t @arm -yria. $@is treaty allows Hudges to censor foreign publications and to indict Hournalists for critical reporting on -yria9 t@e Lebanese military9 t@e security forces9 t@e Hudiciary9 and t@e presidency. In practice suc@ laws rarely result in t@e imprisonment of Hournalists or t@e closure of media outlets. Permanent closure of licensed media outlets was rare until t@e closure of 3urr $ele>ision ;3$%< in 5::5. -trict defamation and security laws pro@ibit criticism of top leaders. $@e go>ernment may prosecute offending Hournalists and publications in t@e Publications "ourt9 a special tribunal empowered to try suc@ matters. $@e -urete ,enerale9 part of t@e state security apparatus in t@e 3inistry of t@e Interior9 is aut@oriCed to censor all foreign magaCines9 boo?s9 and films before t@ey are distributed in Lebanon. Lebanon enHoys a di>ersity of media outlets. It @as doCens of newspapers and @undreds of periodicals9 many of w@ic@ publis@ regular criticism of politicians. (ll of LebanonBs national daily newspapers are pri>ately owned9 many by political interests. $@ere are six maHor tele>ision stations and o>er A: radio stations9 most of w@ic@ are pri>ately owned. ( go>ernmental decision in 4118 drastically reduced t@e number of tele>ision stations. (bout fifty stations @ad proliferated during t@e ci>il war. Internet access is broadly a>ailable and not restricted. (ccording to t@e annual Gorldwide Press 6reedom Index by 'eporters wit@out &orders9 Lebanon ran?s 18 of 481 countries. $@e index runs from 4 ;most press freedom< to 481 ;least press freedom<.

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P&)'o $" S#$#+' L$3 I I ac@ recogniCed religious group @as its own courts for personal status issues9 suc@ as marriage9 di>orce9 c@ild custody9 and in@eritance. -ome areas of womenBs personal status are go>erned by t@e ci>il code. $@is code guarantees t@at women can own businesses and t@at t@eir testimony will be gi>en eFual weig@t to menBs in court ;t@is does not apply to t@e s@aria courts<. $@ere is no law t@at permits ci>il marriage9 alt@oug@ ci>il ceremonies performed outside t@e country are recogniCed by t@e go>ernment.

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Arab Political Systems: Baseline Information and Reforms Lebanon

olitical Forces
olitical parties

Lebanon @as numerous political parties9 but t@ey are of a different nature t@an found in most parliamentary political systems. Political blocs are usually based on confessional and local interests or on personal and family allegiance rat@er t@an on political affinities. 3any of t@e parties are simply lists of candidates endorsed by a prominent figure. Loose coalitions are formed for electoral purposes by negotiation among clan leaders and candidates representing >arious religious communities. It is not unusual for a party to Hoin an electoral tic?et in one constituency w@ile aligned wit@ a ri>al party in anot@er constituency. $@e largest political parties are confessional based. /uring t@e ci>il war most parties @ad militias. 3ain parliamentary groupsK I "urrent for t@e 6uture ;$ayyar alI3ustaFbal<K I Is led by -aad *ariri9 younger son of 'afi? *ariri9 t@e assassinated former prime minister. In t@e 5::+ legislati>e elections9 t@e party was t@e main faction of t@e 'afi? *ariri 3artyr List9 t@e party t@at won t@e elections. I 3ost of its members are -unni 3uslims. I In 5::+9 it won 78 seats in parliament. 6ree Patriotic 3o>ement ;$ayyar alIGatani alI*urr<K I Led by ,eneral 3ic@el (oun9 t@e former commander of t@e Lebanese army w@o ser>ed as Prime 3inister of one of two go>ernments t@at contended for power in t@e final years of t@e Lebanese ci>il war ;4188 I 411:<. (fter t@e end of t@e ci>il war9 (oun led t@e mo>ement from Paris until @e returned to Lebanon in 3ay 5::+. I Its constituency is composed mainly of LebanonBs "@ristian community9 but many 3uslims also support t@e 6ree Patriotic 3o>ement because it claims to be t@e only prominent party in Lebanon t@at is not based on a religion. I In 5::+9 it won 54 seats in parliament. Progressi>e -ocialist Party ;*iCb alI$aFadummi alIIs@tira?i<K I Is led by prominent /ruCe leader Galid .umblatt. I Is ideologically secular and officially nonIsectarian9 but in practice is led and supported mostly by followers of t@e /ruCe fait@. I Gas founded in 41A1. I In 5::+9 it won 48 seats in parliament.
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Arab Political Systems: Baseline Information and Reforms Lebanon

(mal 3o>ement ;*ara?at (mal<K I Is one of t@e two main -@iBa parties in Lebanon. I Its @istorical obHecti>es are to ac@ie>e respect for LebanonLs longI alienated -@iBi population and a fairer distribution of resources for -out@ Lebanon. #nli?e *iCbolla@9 it does not call for an Islamic state in Lebanon. I Gas a strong supporter of -yria after 411: and endorsed -yriaLs military presence in Lebanon. I *as been represented in parliament and go>ernment since 411:. I Is led by t@e parliamentary spea?er )abi@ &erri. I In 5::+9 it won 4+ seats in parliament. *iCbolla@K I Is a political party wit@ a military wing establis@ed to fig@t Israeli occupation of -out@ Lebanon. I 2ne of t@e main obHecti>es of *iCbolla@ at t@e time of its establis@ment in t@e early 418:s was to spread t@e Iranian 'e>olution. -ince t@en9 t@e party @as publicly declared t@at it will suspend its attempts to create an Islamic state in Lebanon. I Is regarded by many in t@e (rab world as a legitimate militant -@iBi political party in Lebanon and by many in t@e #.-.9 urope9 and Israel as a terrorist organiCation. I It @as come under increasing international pressure to disarm after #) -ecurity "ouncil 'esolution 4++1 of -eptember 59 5::A called for t@e disarmament of all militias in Lebanon. I It Hoined t@e cabinet for t@e first time in 5::+ w@en *iCbolla@ member 3o@ammad 6neis@ became 3inister of nergy. I In 5::+9 it won 4A seats in parliament. Lebanese 6orcesK I Is officially secular9 but in practice @as always been supported almost exclusi>ely by "@ristians9 especially 3aronites. I Its acti>ities were se>erely restricted by t@e proI-yrian go>ernment until t@e wit@drawal of -yrian troops in 5::+. I 6ormed part of t@e 'afi? *ariri 3artyr List t@at won t@e 5::+ parliamentary elections. I Is led by -amir ,eagea9 w@o was arrested in 411A on c@arges of attempting to undermine go>ernment aut@ority by Dmaintaining a militia in t@e guise of a political party9E of instigating acts of >iolence9 and of committing assassinations during t@e Lebanese "i>il Gar. *e was pardoned on .uly 489 5::+. I In 5::+9 it won 8 seats in parliament. Jornet -@e@wan ,at@eringK I

Is not a political party in t@e standard senseK its members belong to9 and in some cases lead9 a >ariety of political parties. It is a loose coalition of "@ristian9 mainly 3aronite9 groups. I Gas formed in 5::4 in opposition to -yria and to t@e Lebanese go>ernment aligned wit@ -yria. $@e group reflected a widespread Carnegie Endowment for International Peace &undaci'n (ara las )elaciones Internacionales * el 47
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sentiment among t@e "@ristian community of postIwar disenfranc@isement. Includes t@e P@alangist or Nataeb Party ;*iCb alINataeb< Is supported by t@e @ead of t@e 3aronite "@urc@9 Patriarc@ "ardinal )asralla@ &utros -feir. In 5::+9 it won 8 seats in parliament.

-yrian -ocial )ationalist Party ;alI*iCb alIJawmi alIIHtimai alI-uri<K I Is a nationalist political party t@at ad>ocates t@e establis@ment of a ,reater -yrian national state. I Is supporti>e of t@e current -yrian go>ernment. I In 5::+9 it won 5 seats in parliament. /emocratic Left 3o>ementK I Gas founded in -eptember 5::A by leftist intellectuals9 acti>ists w@o @ad pre>iously split from t@e Lebanese "ommunist Party and leftist student groups. I (d>ocates a uropean style social democracy to reduce t@e gap between t@e ric@ and t@e poor wit@out compromising freedom or economic producti>ity. I Is one of t@e few parties in Lebanon t@at call for a secular nonI confessional state.

2t@er PartiesK I I I I I I I I I I I I I I I I I I I I I I I &aat@ (rab -ocialist Party "@ristian /emocratic Party "ongress Party /emocratic -ocialist Party 6ederation of Popular Leagues and "ommittees Islamic (mal 3o>ement Islamic "@aritable ProHects (ssociation Islamic ,roup Lebanese "ommunist Party Lebanese /emocratic 3o>ement Lebanese 3o>ement Lebanese PeopleLs 6ront Lebanese Popular "ongress Lebanese 'epublican Party 3o>ement of "@ange )aHade@ Party )asserite #nification mo>ement )ational &loc Popular )asserite 2rganiCation 'amga>ar Party -ocial /emocrat *unc@a?ian Party /as@na? Party ;(rmenian 'e>olutionary 6ederation< Nurdis@ /emocratic Party
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Arab Political Systems: Baseline Information and Reforms Lebanon

"lic? @ere for a complete list of political parties in Lebanon. 'ivil societ%

Lebanon enHoys one of t@e most acti>e and least restrained ci>il societies in t@e (rab world. $@ere are more t@an 49::: ),2s registered in &eirut alone $@e strengt@ of LebanonBs ),2 sector stems from t@e maHor role ),2s played during t@e 417+I1: ci>il war. 2rganiCations filled t@e >acuum of state aut@ority and compensated for t@e brea?down in public ser>ices. 'eflecting t@e confessional nature of Lebanese society9 most ),2s are organiCed by religious affiliation9 but t@ey often reac@ across t@ese lines to pro>ide ser>ices for many outside t@eir confessional communities. $@ere are also many professional associations and ad>ocacy groups t@at cross confessional lines. $@e Lebanese ),2 6orum and t@e "ollecti>e of Lebanese %oluntary ),2s coordinate social de>elopment wor?. -e>eral womenBs rig@ts organiCations exist. $@ese includeK t@e Lebanese (ssociation for "ombating %iolence against Gomen9 t@e "ommittee for Political 'ig@ts of Gomen9 t@e Lebanese GomenBs "ouncil9 t@e Lebanese (ssociation of Gomen Lawyers9 and t@e "ouncil for Lebanese GomenBs 2rganiCation ;acts as a coordination body between different groups<. $@e Lebanese (ssociation for /emocratic lections ;L(/ < was formed in 4118 to monitor elections9 educate >oters9 and to suggest impro>ements for Lebanese electoral laws. *uman 'ig@ts 2rganiCationsK I I -e>eral local @uman rig@ts groups operate freely wit@out o>ert go>ernment restriction. $@e largest @uman rig@ts group is t@e Institute for *uman 'ig@ts in Lebanon w@ic@ is part of t@e &eirut &ar (ssociation. It focuses on strengt@ening and implementing laws rele>ant to freedom of expression and association. 2t@er groups include t@e Lebanese (ssociation for *uman 'ig@ts9 t@e 6oundation for *uman and *umanitarian 'ig@ts9 and t@e )ational (ssociation for t@e 'ig@ts of t@e /isabled. (mnesty International was gi>en a regional office in &eirut in 5::: by t@e Lebanese aut@orities.

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$rade #nions and -yndicatesK I I $rade #nionsK

"onfederation of ,eneral Gor?ers of LebanonK main labor union federation. It is t@e only organiCation recogniCed by t@e go>ernment as a representati>e of
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Arab Political Systems: Baseline Information and Reforms Lebanon

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wor?ers. Its acti>ities are mainly limited to negotiating wages and ot@er social benefits. International "@amber of "ommerce in Lebanon. &eirut "@amber of "ommerce and Industry. (ssociation of Lebanese Industrialists. I -yndicatesK

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Lebanese ngineers (ssociation. Lebanese Press (ssociation. Lebanese &ar (ssociation. Lebanese P@ysicians (ssociation. Lebanese /entists (ssociation. "lic? @ere for a detailed list of Lebanese syndicates.

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Arab Political Systems: Baseline Information and Reforms Lebanon

Election &esults

#ni>ersal suffrage9 54 years and older. 'esults of elections for t@e C-$m.&) o, D&p+#i&' @eld in four rounds between 3ay 51 and .une 41K "urrent for t@e 6uture ;$ayyar alI3ustaFbal< Progressi>e -ocialist Party ;*iCb alI$aFaddumi alIIs@tira?i< Lebanese 6orces Jornet -@e@wan ,at@ering - Nataeb ;P@alange party< - )ational Liberal Party ;*iCb alI(@rar alIGatani< - Independents $ripoli &loc /emocratic 'enewal /emocratic Left Independents (mal 3o>ement *iCbolla@ -yrian -ocial )ationalist Party 2t@ers 6ree Patriotic 3o>ement -?aff &loc 3urr &loc -eats 78 48 8 8

&locs 'afiF *ariri 3artyr List

'esistance and /e>elopment &loc (oun (lliance

7 4 4 7 4+ 4A 5 A 4A + 5

$@ese were t@e first legislati>e elections in 7: years to ta?e place wit@out -yrian military presence. $@e elections were conducted according to t@e electoral law of 5::: e>en t@oug@ most political leaders consider it unfair in terms of t@e distribution of electoral districts. A75 candidates competed for 444 of 458 seats9 wit@ 47 seats uncontested. "@ristian political groups t@at @ad boycotted t@e 4118 and 5::: elections participated in t@e elections9 most notably ,eneral 3ic@el (ounBs 6ree Patriotic 3o>ement and -amir ,eageaBs Lebanese 6orces. $@e elections were c@aracteriCed by unprecedented alliances across t@e political spectrum t@at made it >ery difficult for independent candidates to win. In general9 t@e main contest was between groups opposed to -yria and to President La@oud and parties loyal to La@oud. %oter turnoutK A5.1 O.

"lic? -&)& for details of t@e 5::+ legislati>e elections.

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Arab Political Systems: Baseline Information and Reforms Lebanon

'esults of m+ icip$" &"&c#io ' in 3ay 5::AK

(s municipalities @a>e limited powers9 t@e significance of municipal elections usually lies in t@eir role as a test of political factionsB strengt@ a@ead of parliamentary elections. $@e e>ent produced two important results in t@is regard. - "andidates bac?ed by former Prime 3inister 'afiF *ariri @ad mixed success. *aririLs slate won all 5A seats of &eirutLs municipal council9 defeating candidates bac?ed by @is ri>al9 President mile La@oud. $@e >ery low turnout9 @owe>er9 cast doubt on t@e extent of *aririLs influence in t@e capital. 2bser>ers at t@e time predicted t@at t@ese results would wea?en *aririLs ability to bloc? an extension of President La@oudBs term9 as in fact @appened. - -@iBi party *iCbolla@ made gains against its -@iBi ri>al9 (mal. *iCbolla@ won about 8: percent of municipalities in t@e -out@ ;8A of 4A5 municipalities<9 w@ile (mal won 7: percent. In t@e 4118 elections9 *iCbolla@ won ++ percent of sout@ern municipalities w@ile (mal won A+ percent.

$@e elections saw broad political participation by most political parties9 except for a few "@ristian groups t@at boycotted t@e nonIconfessional nature of t@e municipal >oting. "itiCens >oted across confessional lines for closed party lists wit@ proportional representation for t@e different confessional communities. $@e 4118 municipal elections were t@e first in 7+ years. $@ey were postponed 57 times before being @eld in 4118.

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Arab Political Systems: Baseline Information and Reforms Lebanon

'onstitutional &evision

$@e constitution may be re>ised upon t@e reFuest of t@e President of t@e 'epublic or t@e parliament. ( twoIt@irds maHority of seats is needed to initiate amendment procedures ;(rticle 78I77<. $@e constitution was first adopted in 4158. It was amended in 41579 41519 41A79 and 411:. $@e constitution was complemented by t@e )ational Pact in 41A79 an unwritten co>enant9 w@ic@ pro>ided t@at t@e ratio of seats in parliament would be six "@ristian seats for e>ery fi>e 3uslim seats9 and t@at ot@er go>ernmental posts would be allotted on a similar basis. $@e 41A7 amendments also remo>ed all references to t@e 6renc@ mandate and designated (rabic as t@e official language. $@e 4181 )ational 'econciliation (ccord ;commonly ?nown as t@e $aBif (ccord< reFuired amendments to t@e constitution9 w@ic@ were passed in 411:. $@e amendments altered representation in t@e parliament by creating a +:I+: balance between "@ristian and 3uslim members. It also increased t@e number of seats in parliament and transferred some powers from t@e president to t@e prime minister9 t@e cabinet9 and t@e spea?er of parliament.

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Arab Political Systems: Baseline Information and Reforms Lebanon

'orruption

$@e perception of corruption wit@in t@e public sector is widespread. $ransparency InternationalBs "orruption Perception Index 5::7 ran?s Lebanon 11t@ out of 48: countries. In 5::49 a #nited )ationsIcommissioned corruption assessment report estimated t@at Lebanon loses more t@an =4.+ billion annually as a result of corruptionMnearly 4: percent of t@e countryLs gross domestic product. Lebanon @as laws and regulations to combat corruption but t@ese are loosely enforced. (ccording to Lebanese law9 it is a criminal act to gi>e or accept a bribe. $@e penalty is imprisonment for up to t@ree years9 wit@ @ard labor in some cases9 in addition to a fine eFual to at least t@ree times t@e >alue of t@e bribe. &ribing a go>ernment official is also a criminal act. $@e "entral Inspection /irectorate is responsible for combating corruption in t@e public sector9 w@ile t@e public prosecutor is responsible for combating corruption in t@e pri>ate sector. /uring 5::A9 t@e Hudiciary too? actions against public officials allegedly in>ol>ed in corruption. xamples include an in>estigation into t@e LebaneseI(merican (griculture "ooperation ProHect at t@e 3inistry of (griculture9 as well as in>estigations resulting in legal actions for mismanagement of t@e energy sector9 including allegations of sFuandering public funds9 abuse of power9 corruption in fuel tenders and contracting9 and neglect of duty. $@e Lebanese $ransparency (ssociation ;L$(<9 a branc@ of $ransparency International9 is t@e most acti>e Lebanese organiCation in>ol>ed in promoting transparency and fig@ting corruption.

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Arab Political Systems: Baseline Information and Reforms Lebanon

&atification of International 'onventions

International "o>enant on "i>il and Political 'ig@ts ;""P'< on )o>ember 79 4175. International "o>enant on conomic9 -ocial and "ultural 'ig@ts ;" -"'< on )o>ember 79 4175. $@e "on>ention on t@e limination of (ll 6orms of $orture and 2t@er "ruel9 In@uman or /egrading $reatment or Punis@ment ;"($< on 2ctober +9 5:::. $@e International "on>ention on t@e limination of (ll 6orms of 'acial /iscrimination ;" '/< on )o>ember 459 4174. $@e "on>ention of on t@e limination of (ll 6orms of /iscrimination against Gomen ;" /(G< on (pril 549 4117. $@e "on>ention on t@e 'ig@ts of t@e "@ild ;"'"< on 3ay 4A9 4114.

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