February - Constitutional Document : Reform falters and war continues

The Constitutional Document was one of the reformative propositions that emerged during the war in an attempt to halt the bloodshed. Like the Taif Accord, it came to light after obtaining an Arab- particularly Syrian- sponsorship that secured the unanimous agreement of all the political groups.

The Document, which was issued on February 14, 1976 failed to end the hostilities, especially after it had become evident that the matter did not revolve around political reform and power, but was rather a regional war playing itself out on the Lebanese territory. Although the Constitutional Document was never adopted and ended up shelved, it remains one of the fundamental documents to be examined during political reform discussions. The Taif Accord enclosed many of the reform clauses listed in the Document, maintaining the norm of power distribution along sectarian lines.

Below is the address delivered by President Frangieh to the Lebanese, including the provisions of the Document:

“Dear Lebanese,

It is no coincidence to have received such a thoughtful gesture from Damascus at the moment the rhetoric and the flames of fire intensified in Lebanon, for Lebanon and Syria have been looking after each other since time immemorial, with the utmost amiability and purity.

Therefore, President Hafez Assad took the initiative to prevent any harm happening to Lebanon with a spirit of brotherhood that seeks no repay but benevolence.

You, dear Lebanese, have the right in a free democratic system, to know the outcome at which the talks in Damascus have concluded:

Damascus needed no introduction to the Lebanese identity, for it is fully aware of it. However, we deemed it wise to familiarize the world, once again, and from Damascus, with the identity of our country so they may know that:

  • Lebanon is a sovereign, free, and independent Arab country.
  • Lebanon is the cradle of all the missions that radiated upon the Arab world.
  • Lebanon has a unique formula for coexistence among its sects and religions.
  • Lebanon is a crossroad of the world’s civilizations and an unparalleled human laboratory
  • Lebanon is the voice of the Arabs in the world through both its residents and expatriates

Our fraternal Arab countries shall never fail to perceive that Lebanon has the right to sovereignty so that it remains the faithful voice that keeps the face of justice luminous and safeguards the welfare of its brothers,

Nor shall the Palestinians be reminded that the Arab Summit in Rabat had assigned Lebanon to defend the Palestinian cause in the United Nations, and that Lebanon accomplished its mission having utter faith in Jerusalem, the cradle of the Christ, the first of the Qiblatain and the third holy mosque, and in the fairness of such a cause.

The Palestinians need no reminder that the presence of the rationale of the Palestinian cause with that of the Lebanese legitimacy upon one small territory such as Lebanon’s, which is not the original land of revolution, calls for further delicacy and precaution to avoid the collision between the two rationales. They need no reminder that the situation today entails firmer commitment to all the agreements that have been signed, especially the Cairo agreement.

Therefore,

And faithful ever to our responsibilities before a nation that remains standing despite the missteps and the bloodshed,

And for the sake of a better life and a broader and more comprehensive social justice with deeper impact on human life, and the sake of an equity that, in nature, cannot be achieved unless in gradual and late stages,

And with the aim of defeating all fears, ensuring tranquility and strengthening the pillars of a solid and lofty nation,

And in keeping with the opinions we have sought during our deliberations and meetings,

And in conformity with a fact that’s become part of our democratic traditions,

We have concluded that the basics for our new Lebanon shall be inspired from the major statements we had announced during the unveiling of the Fakhreddine statue in Baakline on August 23, 1975 after calling on the Cabinet to discuss them in open sessions that were scheduled at a time when our demands had not taken their final shape. On that day, we said:

“The current demands surfacing from here and there are purely Lebanese and have no other color and identity than the Lebanese color and the Lebanese identity.

The National Pact, which was a formula of brotherly coexistence between the Lebanese, imposed by the obligations of independence, shall always remain as such, responding ever to the will and the aspirations of the Lebanese. The constitution, in our opinion is not a holy book but rather evolves depending on the prevailing life conditions. Our constitution has been developing gradually and will continue to grow to reach the ideal formula we are seeking. Imperative change is one thing and intransigent change is another.

With this spirit we held our meeting in Damascus, and in harmony with the thoughts manifested in the Fakhreddine speech, the following has been discussed:

  • Confirmation of the existing convention granting the Presidency of the Republic to the Maronite, the premiership to the Sunni, and the control over Parliament to the Shia’a.
  • Equal distribution of the parliamentary seats between Muslims and Christians and in a proportional manner within each sect and amendment of the electoral law accordingly so as to guarantee a better representation of the Lebanese.
  • Election of the Prime Minister in Parliament by a proportional majority of votes. The elected PM shall later hold parliamentary discussions to form the government. The list containing the names of ministers shall be prepared in agreement with the President of the Republic before the issuance of decrees.
  • Adopting a two-thirds majority vote during the election of the President in the first session and a majority of 55% in the following sessions.
  • Drafting a text that subject the President, the PM and the Speaker to liability and forming a supreme council for their trial.
  • The PM and the ministers shall take the constitutional oath before the President.
  • All decrees and draft laws shall be issued by agreement between the President and the PM and shall be cosigned by them, except the decree of appointment of the PM and the decrees dismissing or accepting the resignation of ministers.
  • Drafting provisions that accelerate the issuance of decrees and decisions.
  • Promoting the autonomy of the judiciary and establishing a higher constitutional court to look into the constitutionality of the laws and decrees.
  • Fostering decentralization.
  • Eliminating sectarian discrimination in employment and adopting competency criteria, while maintaining equality in Grade 1 jobs.
  • Establishing a higher council for planning and development to lay down plans for developmental projects.
  • Working towards comprehensive social justice through financial, economic and social reform.
  • Fostering public education and promoting the concept of mandatory free schooling in addition to the development of educational curriculums.
  • Designing a defense policy and strengthening the army.
  • Reiterating the responsible freedom of the press to ensure its harmony with the social policy to achieve national unity and foster the relationships between Lebanon and the Arab and international communities.
  • Amending the nationality law.

These rules which are brought forward before you today and which will enter in force in alignment with the Cairo agreement are a national approach that has been penned down in a document that was approved in the cabinet. Its content will make its way to Parliament and it shall, along with the oral national pact, constitute another pillar of the Lebanese national base, inspiring its strength from its allegiance to this country.

Dear Lebanese,

Whatever the future judgment of history, an evident judgment seems exigent today: Lebanon, the whole Lebanon, deserves the allegiance of its people, its entire people. This country fully merits their complete, impeccable and unconditional allegiance, as well as the allegiance of everyone it has welcomed with arms and doors wide open.

Lebanon deserves this allegiance to remain capable of fulfilling its missions: its Arab mission and that of coexistence of various religions and sects. The entire world has been seeking this coexistence and has held meetings and dialogues in the east and the west and on all levels to achieve, while it has been an existing reality and an outstanding way of life in our country for hundreds of years.

The love that this country spreads shall only be reciprocated with love.

Dear Lebanese,

The precious blood that Lebanon has shed will not be wasted as it has ushered a new era for this country which is bound to arise again from ashes and tears, hoping to find bliss and happiness.

The birth of the new Lebanon should not be arduous if the Lebanese set their minds to stay strong and knew how to mobilize their most evident capacities in order to lay the foundations for a future Lebanon, a civilized Lebanon that promotes dignity and coexistence and responds ever to the needs of our era and the aspirations of its nation.

Dear Lebanese,

Rest assured that there is no honor beyond the service of Lebanon. You have always served your country with your valiant and honest views and you are encouraged to express your views once again tomorrow, so say “yes” to all that safeguards and protects this country and say “no” to all that harms and hurts him.

And know above all that everything is finite and we will all perish eventually. But Lebanon, glory to his name, shall forever stand.”  

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