|
Taif Accord
First, General
Principles and Reforms:
I. General Principles:
A. Lebanon is a sovereign, free, and independent country and a
final homeland for all its citizens.
B. Lebanon is Arab in belonging and identity. It is an active and
founding
member of the Arab League and is committed to the league's
charter. It is
an active and founding member of the United Nations Organization
and is
committed to its charters. Lebanon is a member of the nonaligned
movement.
The state of Lebanon shall embody these principles in all areas
and
spheres, without exception.
C. Lebanon is a democratic parliamentary republic founded on
respect for
public liberties, especially the freedom of expression and
belief, on
social justice, and on equality in rights and duties among all
citizens,
without discrimination or preference.
D. The people are the source of authority. They are sovreign and
they shall
exercise their sovreignty through the constitutional
institutions.
E. The economic system is a free system that guarantees
individual initiative
and private ownership.
F. Culturally, socially, and economically-balanced development is
a mainstay
of the state's unity and of the system's stability.
G. Efforts (will be made) to achieve comprehensive social justice
through
fiscal, economic, and social reform.
H. Lebanon's soil is united and it belongs to all the Lebanese.
Every
Lebanese is entitled to live in and enjoy any part of the country
under
the supremacy of the law. The people may not be categorized on
the basis
of any affiliation whatsoever and there shall be no
fragmentation, no
partition, and no repatriation [of Palestinians in Lebanon].
I. No authority violating the common co-existance charter shall
be legitimate
II. Political Reforms
A. Chamber of Deputies: The Chamber of Deputies is the
legislative authority
which exercises full control over government policy and
activities.
1. The Chamber spokesman and his deputy shall be elected for the
duration
of the chamber's term.
2. In the first session, two years after it elects its speaker
and deputy
speaker, the chamber my vote only once to withdraw confidence
from its
speaker or deputy speaker with a 2/3 majority of its members and
in
accordance with a petition submitted by at least 10 deputies. In
case
confidence is withdrawn, the chamber shall convene immediately to
fill
the vacant post.
3. No urgent bill presented to the Chamber of Deputies may be
issued
unless it is included in the agenda of a public session and read
in
such a session, and unless the grace period stipulated by the
constitution passes without a resolution on such a bill with the
approval of the cabinet.
4. The electoral district shall be the governorate.
5. Until the Chamber of Deputies passes an election law free of
secterian
restriction, the parliamentary seats shall be divided according
to the
following bases:
a. Equally between Christians and Muslims.
b. Proportionately between the denominations of each sect.
c. Proportionately between the districts.
6. The number of members of the Chamber of Deputies shall be
increased
to 108, shared equally between Christians and Muslims. As for the
districts created on the basis of this document and the districts
whose seats became vacant prior to the proclamation of this
document,
their seats shall be filled only once on an emergency basis
through
appointment by the national accord government that is planned to
be
formed.
7. With the election of the first Chamber of Deputies on a
national,
not secterian, basis, a senate shall be formed and all the
spiritual
families shall be represented in it. The senate powers shall be
confined to crucial issues.
B. President of Republic: The president of republic is the head
of the
state and a symbol of the country's unity. He shall contribute to
enhancing the constitution and to preserving Lebanon's
independence,
unity, and territorial integrity in accordance with the
provisions of
the constitution. He is the supreme commander of the armed forces
which
are subject to the power of the cabinet. The president shall
exercise
the following powers:
1. Head the cabinet [meeting] whenever he wishes, but without
voting.
2. Head the Supreme Defense Council.
3. Issues decrees and demand their publication. He shall also be
entitled
to ask the cabinet to reconsider any resolution it makes within
15
days of the date of depostion of the resolution with the
presidential
office. Should the cabinet insist on the adopted resolution, or
should
the grace period pass without issuing and returning the decree,
the
decree of the resolution shall be valid and must be published.
4. Promulgate laws in accordance with the grace period stipulated
by the
constitution and demand their publication upon ratification by
the
Chamber of Deputies. After notifying the cabinet, the president
may
also request reexamination of the laws within the grace periods
provided by the constitution, and in accordance with the articles
of
the constitution. In case the laws are not issued or returned
before
the end of the grace periods, they shall be valid by law and they
must
be published.
5. Refer the bills presented to him by the Chamber of Deputies.
6. Name the prime minister-designate in consultation with the
Chamber
of Deputies speaker on the basis of binding parliamentary
consultation, the outcome of which the president shall officially
familiarize the speaker on.
7. Issue the decree appointing the prime minister independently.
8. On agreement with the prime minister, issue the decree forming
the
cabinet.
9. Issue decrees accepting the resignation of the cabinet or of
cabinet
ministers and decrees relieving them from their duties.
10. Appoint ambassadors, accept the accreditation of ambassadors,
and
award state medals by decree.
11. On agreement with the prime minister, negotiate on the
conclusion and
signing of international treaties which shall become valid only
upon
approval by the cabinet. The cabinet shall familiariaze the
Chamber of
Deputies with such treaties when the country's interest and state
safety make such familiarization possible. As for treaties
involving
conditions concerning state finances, trade treaties, and other
treaties which may not be abrogated annually, they may not be
concluded without Chamber of Deputies' approval.
12. When the need arises, address messages to the Chamber of
Deputies.
13. On agreement with the prime minister, summon the Chamber of
Deputies
to hold special sessions by decree.
14. The president of the republic is entitled to present to the
cabinet
any urgent issue beyond the agenda.
15. On agreement with the prime minister, call the cabinet to
hold a
special session whenever he deems it necessary.
16. Grant special pardon by decree.
17. In the performance of his duty, the president shall not be
liable
unless he violates the constitution or commits high treason.
C. Prime Minister: The prime minister is the head of the
government. He
represents it and speaks in its name. He is responsible for
implementing
the general policy drafted by the cabinet. The prime minister
shall
exercise the following powers:
1. Head the cabinet.
2. Hold parliamentary consultations to form the cabinet and
co-sign with
the president the decree forming it. The cabinet shall submit its
cabinet statement to the Chamber of Deputies for a vote of
confidence
within 30 days [of its formation]. The cabinet may not exercise
its
powers before gaining the confidence, after its resignation, or
when
it is considered retired, except within the narrow sense of
disposing
of affairs.
3. Present the government's general policy to the Chamber of
Deputies.
4. Sign all decrees, except for decrees naming the prime minister
and
decrees accepting cabinet resignation or considering it retired.
5. Sign the decree calling for a special session and decrees
issuing laws
and requesting the reexamination of laws.
6. Summon the cabinet to meet, draft its agenda, familiarize the
president of the republic in advance with the issues included in
the
agenda and with the urgent issues to be discussed, and sign the
usual
session minutes.
7. Observe the activities of the public departments and
institutions,
coordinate between the ministers, and issue general instructions
to
ensure the smooth progress of work.
8. Hold working sessions with the state agencies concerned in the
presence of the minister concerned.
9. By law, act as the Supreme Defense Council's deputy chairman.
D. Cabinet:
[ No item 1. as published ]
2. Watch over the implementation of laws and regulations and
supervise
the activities of all the state agencies without exception,
including
the civilian, military, and security departments and
institutions.
3. The cabinet is the authority which controls the armed forces.
4. Appoint, dismiss, and accept the resignation of state
employees in
accordance with the law.
5. It has the right to dissolve the Chamber of Deputies at the
request of
the president of the republic if the chamber refuses to meet
throughout an ordinary or a special session lasting no less than
one
month, even though it is summoned twice consecutively, or if the
chamber sends back the budget in its entirety with the purpose of
paralyzing the government. This right may not be exercised again
for
the same reasons which called for dissolving the chamber in the
first
instance.
6. When the president of the republic is present, he heads
cabinet
sessions. The cabinet shall meet periodically at special
headquarters.
The legal quorum for a cabinet meeting is 2/3 the cabinet
members.
The cabinet shall adopt its resolutions by consent. If
impossible,
then by vote. The resolutions shall be adopted by a majority of
the
members present. As for major issues, they require the approval
of
2/3 the cabinet members. The following shall be considered major
issues: The state of emergency and it abolition, war and peace,
general mobilization, international agreements and treaties, the
state's general budget, comprehensive and long-term development
plans,
the appointment of top-level civil servants or their equivalent,
reexamination of the administrative division, dissolving the
Chamber of Deputies, the election law, the citizenship law, the
personal status laws, and the dismissal of cabinet ministers.
E. Minister: The minister's powers shall be reinforced in a
manner
compatible with the government's general policiy and with the
principle
of collective responsibility. A minister shall not be relieved
from his
position unless by cabinet decree or unless the Chamber of
Deputies
withraws its confidence from him individually.
F. Cabinet Resignation, Considering Cabinet Retired, and
Dismissal of
Ministers:
1. The cabinet shall be considered retired in the following
cases:
a. If its chairman resigns.
b. If it looses more than 1/3 of its members as determined by the
decree forming it.
c. If its chairman dies.
d. At the beginning of a president's term.
e. At the beginning of the Chamber of Deputies' term.
f. When the Chamber of Deputies withdraws its confidence from it
on
an initiative by the chamber itself and on the basis of a vote of
confidence.
2. A minister shall be relieved by a decree signed by the
president of
the republic and the prime minister, with cabinet approval.
3. When the cabinet resigns or is considered retired, the Chamber
of
Deputies shall, by law, be considered to be convened in a special
session until a new cabinet is formed. A vote-of-confidence
session
shall follow.
G. Abolition of Political Secterianism: Abolishing political
secterianism
is a fundamental national objective. To achieve it, it is
required that
efforts be made in accordance with a phased plan. The Chamber of
Deputies
electedon the basis of equal sharing by Christians and Muslims
shall
adopt the proper measures to achieve this objective and to form a
national council which is headed by the president of the republic
and
which includes, in addition to the prime minister and the Chamber
of
Deputies speaker, political, intellectual, and social notables.
The
council's task will be to examine and propose the means capable
of
abolishing sectarianism, to present them to the Chamber of
Deputies and
the cabinet, and to observe implementation of the phased plan.
The
following shall be done in the interim period:
a. Abolish the sectarian representation base and rely on
capability and
specialization in public jobs, the judiciary, the military,
security,
public, and joint institutions, and in the independent agencies
in
accordance with the dictates of national accord, excluding the
top-level jobs and equivalent jobs which shall be shared equally
by
Christians and Muslims without allocating any particular job to
any
sect.
b. Abolish the mention of sect and denomination on the identity
card.
III. Other Reforms:
A. Administrative Decentralism:
1. The State of Lebanon shall be a single and united state with a
strong
central authority.
2. The powers of the governors and district administrative
officers shall
be expanded and all state administartions shall be represented in
the
administrative provinces at the highest level possible so as to
facilitate serving the citizens and meeting their needs locally.
3. The administrative division shall be recognized in a manner
that
emphasizes national fusion within the framework of preserving
common
coexistance and unity of the soil, people, and institutions.
4. Expanded administrative decentralization shall be adopted at
the level
of the smaller administrative units [ district and smaller units
]
through the election of a council, headed by the district
officer, in
every district, to ensure local participation.
5. A comprehensive and unified development plan capable of
developing the
provinces economically and socially shall be adopted and the
resources
of the municipalities, unified municipalities, and municipal
unions
shall be reinforced with the necessary financial resources.
B. Courts:
[1] To guarantee that all officials and citizens are subject to
the
supremacy of the law and to insure harmony between the action of
the
legislative and executive authorities on the one hand, and the
givens
of common coexistance and the basic rights of the Lebanese as
stipulated in the constitution on the other hand:
1. The higher council which is stipulated by the constitution and
whose
task it is to try presidents and ministers shall be formed. A
special
law on the rules of trial before this council shall be
promulgated.
2. A constitutional council shall be created to interpret the
constitution, to observe the constitutionality of the laws, and
to
settle disputes and contests emanating from presidential and
parliamentary elections.
3. The following authorities shall be entitled to revise the
constitutional council in matters pertaining to interpreting the
constitution and observing the constitutionality of the laws:
a. The president of the republic.
b. The Chamber of Deputies speaker.
c. The prime minister.
d. A certain percentage of members of the Chamber of Deputies.
[2] To ensure the principle of harmony between religion and
state, the
heads of the Lebanese sects may revise the constitutional council
in matters pertaining to:
1. Personal status affairs.
2. Freedom of religion and the practice of religious rites.
3. Freedom of religious education.
C. To ensure the judiciary's independence, a certain number of
the the
Higher Judiciary Council shall be elected by the judiciary body.
D. Parliamentary Election Law: Parliamentary elections shall be
held in
accordance with a new law on the basis of provinces and in the
light of
rules that guarantee common coexistance between the Lebanese, and
that
ensure the sound and efficient political representation of all
the
people's factions and generations. This shall be done after
reviewing the
administrative division within the context of unity of the
people, the
land, and the institutions.
E. Creation of a socioeconomic council for development: A
socioeconomic
council shall be created to insure that representatives of the
various
sectors participate in drafting the state's socioeconomic policy
and
providing advice and proposals.
F. Education:
1. Education shall be provided to all and shall be made
obligatory for
the elementary stage at least.
2. The freedom of education shall be emphasized in accordance
with general
laws and regulations.
3. Private education shall be protected and state control over
private
schools and textbooks shall be strengthened.
4. Official, vocational, and technological education shall be
reformed,
strengthened, and developed in a manner that meets the country's
development and reconstruction needs. The conditions of the
Lebanese
University shall be reformed and aid shall be provided to the
university, especially to its technical colleges.
5. The curricula shall be reviewed and developed in a manner that
strengthens national belonging, fusion, spiritual and cultural
openness, and that unifies textbooks on the subjects of history
and
national education.
G. Information: All the information media shall be reorganized
under the
canopy of the law and within the framework of responsible
liberties that
serve the cautious tendencies and the objective of ending the
state of
war.
Second, spreading the sovereignty of the State of Lebanon ovel
all Lebanese
territories: Considering that all Lebanese factions have agreed
to the
establishment of a strong state founded on the basis of national
accord, the
national accord government shall draft a detailed one-year plan
whose objective
is to spread the sovereignty of the State of Lebanon over all
Lebanese
territories gradually with the state's own forces. The broad
lines of the plan
shall be as follows:
A. Disbanding of all Lebanese and non-Lebanese militias shall be
announced.
The militias' weapons shall be delivered to the State of Lebanon
within
a period of 6 months, beginning with the approval of the national
accord
charter. The president of the republic shall be elected. A
national accord
cabinet shall be formed, and the political reforms shall be
approved
constitutionally.
B. The internal security forces shall be strengthened through:
1. Opening the door of voluntarism to all the Lebanese without
exception,
beginning the training of volunteers centrally, distributing the
volunteers to the units in the governorates, and subjecting them
to
organized periodic training courses.
2. Strengthening the security agency to insure control over the
entry and
departure of individuals into and out of the country by land,
air, and
sea.
C. Strengthening the armed forces:
1. The fundamental task of the armed forces is to defend the
homeland, and
if necessary, protect public order when the danger exceeds the
capability of the internal security forces to deal with such a
danger
on their own.
2. The armed forces shall be used to support the internal
security forces
in preserving security under conditions determined by the
cabinet.
3. The armed forces shall be unified, prepared, and trained in
order that
they may be able to shoulder their national responsibilities in
confronting Israeli aggression.
4. When the internal security forces become ready to assume their
security
tasks, the armed forces shall return to their barracks.
5. The armed forces intelligence shall be reorganized to serve
military
objectives exclusively.
D. The problem of the Lebanese evacuees shall be solved
fundamentally, and
the right of every Lebanese evicted since 1975 to return to the
place
from which he was evicted shall be established. Legistlation to
guarantee
this right and to insure the means of reconstruction shall be
issued.
Considering that the objective of the State of Lebanon is to
spread its
authority over all the Lebanese territories through its own
forces,
represented primarily by the internal security forces, and in
view of
the fraternal relations binding Syria to Lebanon, the Syrian
forces shall
thankfully assist the forces of the legitimate Lebanese
government to
spread the authority of the State of Lebanon within a set period
of no
more than 2 years, beginning with ratification of the national
accord
charter, election of the president of the republic, formation of
the
national accord cabinet, and approval of the political reforms
constitutionally. At the end of this period, the two governments
--
the Syrian Government and the Lebanese National Accord Government
--
shall decide to redeploy the Syrian forces in Al-Biq'a area from
Dahr
al-Baydar to the Hammana-al-Mudayrij-'Ayn Darah line, and if
necessary,
at other points to be determined by a joint Lebanese-Syrian
military
committee. An agreement shall also be concluded by the two
governments
to determine the strength and duration of the presence of Syrian
forces
in the above-mentioned area and to define these forces'
relationship with
the Lebanese state authorities where the forces exist. The Arab
Tripartite
Committee is prepared to assist the two states, if they so wish,
to
develop this agreement.
Third, liberating Lebanon from the Israeli occupation: Regaining
state authority
over the territories extending to the internationally-recognized
Lebanese
borders requires the following:
A. Efforts to implement resolution 425 and the other UN Security
Council
resolutions calling for fully eliminating the Israeli occupation.
B. Adherence to the truce agreement concluded on 23 March 1949.
C. Taking all the steps necessary to liberate all Lebanese
territories from
the Israeli occupation, to spread state sovereignty over all the
territories, and to deploy the Lebanese army in the border area
adjacent
to Israel; and making efforts to reinforce the presence of the UN
forces
in South Lebanon to insure the Israeli withdawl and to provide
the
opportunity for the return of security and stability to the
border area.
Fourth, Lebanese-Syrian Relations: Lebanon, with its Arab
identity, is tied to
all the Arab countries by true fraternal relations. Between
Lebanon and Syria
there is a special relationship that derives its strength from
the roots of
blood relationships, history, and joint fraternal interests. This
is the concept
on which the two countries' coordination and cooperation is
founded, and which
will be embodied by the agreements between the two countries in
all areas, in a
manner that accomplishes the two fraternal countries' interests
within the
framework of the sovereignty and independence of each of them.
Therefore, and
because strengthening the bases of security creates the climate
needed to
develop these bonds, Lebanon should not be allowed to constitute
a source of
threat to Syria's security, and Syria should not be allowed to
constitute a
source of threat to Lebanon's security under any circumstances.
Consequently,
Lebanon should not allow itself to become a pathway or a base for
any force,
state, or organization seeking to undermine its security or
Syria's security.
Syria, which is eager for Lebanon's security, independence, and
unity and for
harmony among its citizens, should not permit any act that poses
a threat to
Lebanon's security, independence, and sovereignty.
|
|
|
|
|
Documents
2009 Human Rights Report: Lebanon
- 3/18/2010
A New Beginning: Remarks of President Barack Obama, Cairo, Egypt
- 6/4/2009
US Torture Memos (Released on April 16, 2009)
- 4/16/2009
Report on the Treatment of Fourteen "High Value Detainees" in CIA Custody - 4/10/2009
Where is Turkey Going and Why?: A Panel Discussion - 3/1/2009
The Special Tribunal for Lebanon: Selective Justice?
- 2/27/2009
2008 Human Rights Report: Lebanon
- 2/25/2009
Transcript: Obama's Interview with Al Arabiya
- 1/27/2009
Transcript: Inaugural Address of Barack Obama - 1/20/2009
The Convention on Certain Conventional Weapons
- 1/11/2009
Text of the Judgement in Beirut Dismissing the Second Prosecution of Dr. Muhamad Mugraby for his Human Rights Testimony in the European Parliament - 11/27/2008
Lebanon: End harassment of human rights defender Muhamad Mugraby - 11/26/2008
what do you think of our site?
info@cggl.org
|