LSTDO/ Proposal of Political Solution
Subject: Proposal for a Solution of the Lebanese Political Crisis of the summer 2007, by two years Limited Period with a Provisional President, a Provisional Vice-president and a precise Program of Government.
On June 27, 2007; still current in 2008.
See the Form of engagement of Deputy for the Program suggested by the LSTDO
See the Letter of presentation addressed to the Deputies the 27.6.2007
Recipients: Current Deputies at the Lebanese Parliament.
Contact with the author: webmaster@lebanese-transparent-democracy.org
The only Web address of the Organization is: http://www.lebanese-transparent-democracy.org
Current Deputies legitimately elected at the Parliament of Lebanon.
1
At the time of the drafting of this text, in June 2007, you know:
- That the Presidency of the Republic is paralyzed and paralyzing most actions of the STATE;
- That the Government is truncated and in dysfunction not having replaced the outgoing ministers and having to undergo multiple pressures;
- That the Parliament is closed in an anti democratic way, preventing the deputies from managing the politico economic crisis;
- That the majority at the Parliament and in the Government, although it is democratic, cannot continue without widening of the supports of the people and deputies to make respect the Constitution, and to face the pressures of an armed opposition;
- That the opposition does not have a homogeneous program. Certain chiefs of the Opposition do not appear democratic. They want to probably keep or recover powers in the Lebanese STATE for their personal interests. There are pro Syrians terrorists. There are armed parties which use the blackmail and the threats of civil war. But there are also certain deputies in the Opposition who can rejoin the majority on common democratic projects.
2
Thanks to the international will to want to preserve the independence of a democratic Lebanon, the terrorists and the non democrats must be put out of state to harm. To be clear, the majority should not seek compromise with part of the opposition which is pro Syrian and anti democratic. Any person who collaborates with the Syrian regime is a threat against the democracy and the independence of Lebanon. The unanimity and the complete national agreement exist only in the dictatorial terrorist regimes which repress freedom. On the other hand, a majority of two thirds of the Parliament with balance of the denominational origins of the deputies is a factor of confidence and political stability taking into account the multi religious and cultural characteristics of Lebanon.
3
To widen the democratic majority in order to elect a president and to form a new government, it is necessary to ask the democratic deputies among those of the opposition, anybody by anybody, in order to join a common program supported by, at least, two thirds of the current deputies. Under these conditions, the Constitution will be respected and the insecurity will be reduced.
We propose transitional two years limited period. Indeed, the current deputies come from an electoral law chosen by the former Syrian occupant. The representability of the people is incomplete and inaccurate, more especially as areas are handled by the armed militia, corruption and pressures. One transitional limited period makes it possible to prepare a new Parliament following a new electoral law and new legislative elections.
4
Let us not dream too much. The pro Syrians terrorists on the territory of Lebanon are not democratic. They have an anti-democrat hegemonic program. Peace in Lebanon requires the fast reinforcement of the Lebanese army to the service of independent and democratic Lebanon. The army must choose between the democrats and the non democrats. All the weapons must be confiscated by the army of Lebanon. All the territory must be under the control of the Lebanese democratic STATE. The next legislative elections must be carried out after the disarmament of all the Lebanese territory.
5
It is serious to note the current divergence between the governmental majority and the group of the General Michel AOUN, who are, both, democrats and likely to constitute a reinforced majority of two thirds of the Parliament. Except surprise, the mediatized mutual critical carry a fatal blow to any agreement between the two groups before the presidential expiry of November 2007.
6
As a militant in Lebanese Strong Transparent Democracy Organization (LSTDO), I consider that the serious crisis that the Lebanese citizens undergo brings me to propose to the current deputies of Lebanon the following solution which appears to me to be able to reduce considerably the risk of division of the country and the damages of the current civil war. A Temporary Program of Government for two years can bring back Lebanon towards the true strong and transparent democracy.
7
For this Proposal for a Solution of the Lebanese Crisis, here is the step which I make at the end of June 2007:
- 1 - In the first time, I send this text by email, fax or letter to all the supposed being democrats and independent Lebanese deputies, with the form of the Letter of commitment of Deputy to support the Program of the Limited Period of the third Lebanese Republic.
- Each deputy is invited to make his own reflexion independently of the chief of his political group. Indeed, if one refers only to the chiefs of the current political groups, one is likely to return in the system of current political blockings. Each deputy must feel responsible for his vote in front of the Lebanese citizens.
- Lebanese Strong Transparent Democracy Organization is not a party for a clan or a chief. It is not related to any political party or political chief or religion. Its objective is the management of the projects and human resources to support the democracy and peace in Lebanon.
- 2 - In the second time, the deputy who agrees to engage in this program is requested to sign “the Letter of commitment of Deputy To support the Program of the Limited Period of the third Lebanese Republic” and to send it by email to: webmaster@lebanese-transparent-democracy.org
- 3 - In the third time, references of fax and telephones will be given to the interested deputies for any discussion and of exchanges of confirmations with the author of this Program.
- Let us note that the author of the Program is not candidate for functions in Lebanon. Each deputy who agrees to support the Program does not have any obligation towards the author of the Program.
- Each support of deputy for this Program remains secret except if the deputy himself asks for the publication of his position.
- As an author of this Program, I consider that it will fail if it does not obtain the signatures of support from at least 86 (eighty six) current deputies representing two thirds of the parliament.
- 4 - In the fourth time, in the event of support of at least 86 deputies, the total result will be published. The deputies will be invited to comply with the democratic rules of the electoral choices of the provisional future political leaders for the Lebanese State.
- 5 - In the fifth time, a call to candidatures for the presidency of the republic for the limited two years period will be made. The deputies who support the Program will be brought to meet APART FROM the PARLIAMENT. They choose the candidate among the candidatures according to a mode of anonymous vote in four turns. The first turn classifies the candidates. The second turn will be done between the first six candidates to choose four of them. The third turn will be done between the four candidates to choose two of them. Lastly, with the fourth turn, one chooses the most constant candidate among both. The final candidate must commit himself to respect the Transitory Program and to resign at the achievement of the programmed tasks. He will be supported by the whole of the deputies who signed for this Program.
- 6 - In the sixth time, the Lebanese Parliament must meet for the official presidential election according to the current Constitution. The deputies who support the Program will vote for the selected candidate and will show the force of a majority of two thirds.
- 7 - In the seventh time, a new Provisional Government for two years will be built according to the Program. The Prime Minister will be called Vice-president. He will be elected in the same manner as the President and on a purely provisional basis.
- 8 - In the eighth time, the whole of the Program of the Limited Period of the third Lebanese Republic must be carried out within two year. The Constitution will have changed. New electoral laws will make it possible to rebuild the new democratic and independent Lebanese State.
8
Text of the Letter of commitment of Deputy, to support the Program of the Limited two years Period of the Third Lebanese Republic.
I, undersigned,
Name:
First name:
Date of birth:
Number and place of register of the civil status:
Religion:
Addresses:
Telephones:
Fax:
Emails:
I occupy the function of Deputy of the electoral district of:
I recognize to have read and have understood the Program of the Limited two years Period of the third Lebanese Republic suggested by the Lebanese Strong Transparent Democracy Organization on June 27, 2007 in order to solve the political and social Crisis in Lebanon.
I commit myself to support this program, and voting for the candidate chosen democratically to apply this program in order to lead at the end of the limited two years period to pacified, democratic and independent Lebanon equipped with a new electoral law, a new Parliament, and a new government.
Here is the text of engaged Program:
Limited two years Period Program of the third Lebanese Republic
I Plan:
Article 1 - Creation of a Provisional Democratic Government for two years.
Article 2 - Election of a Provisional President and a Provisional Vice-president for two years.
Article 3 - Election of the Council of the Provisional Parliament for two years with a Provisional President and a Vice-president of the Parliament.
Article 4 - Reorganization of the Army, the safety Services, and the Weapons Wearing on the Lebanese Territory.
Article 5 - Control the Borders of Lebanon and the Weapons Traffic.
Article 6 - Reorganization of the Judicial Apparatus.
Article 7 - To develop the surface, air and maritime transports, as well as telecommunications.
Article 8 - To support employment and the return of Lebanese to the country.
Article 9 - Creation of a new electoral law for the deputies.
Article 10 - Reform the Constitution.
Article 11 - Election of the deputies.
Article 12 - Election of the Council of the Parliament.
Article 13 - Election of the President and the Vice-president of the Republic.
Article 14 - Election of the Council of Government.
Article 15 - Handing-over of the State Power to the new Council of Government.
II - Details:
Article 1 - Creation of a Provisional Democratic Government for two years.
Article 1.1:
The armed groups which collaborate with the Syrian regime represent a danger against the independence and the democracy of Lebanon. They cannot belong to the government. All the Lebanese ones have obligation to contribute to disarm them.
Article 1.2:
The deputies of the Group of the General Michel AOUN who is currently in the opposition have a democratic vocation and they are likely to be joined to the deputies of the majority to form together a democratic force of two thirds of the Parliament. The current majority of SANIORA Government is disputed and cannot legitimate itself democratically without widening.
Article 1.3:
The Shiites deputies of AMAL Movement and the HEZBOLLAH party are invited to join the Government majority with the provision of agreeing to return their weapons to the Lebanese army and to commit themselves not collaborating more with the Syrian regime. The relations with Syria will be organized by the government and diplomatic ways.
Article 1.4: The current divergences between the majority of SANIORA Government and the Group of the deputies of General AOUN threaten the stability of the country because the government does not profit from a reinforced majority of two thirds of the members of the Parliament. The election of the president of the republic envisaged before November 2007 is threatened of disputes if there is not widening of the current majority of SANIORA Government. The opposition requires a presidential election by at least two thirds of the Parliament if not she threatens of civil war.
Acts of terrorism appear continuously on all the territory of Lebanon. Unfortunately, some Lebanese armed nationals take part in it.
Article 1.5:
There was not reform of the electoral law in spite of the promises in 2005. There is not sufficient time to organize new elections of deputies after creation of a new electoral law, before the presidential election of November 2007. HEZBOLLAH and AMAL currently have the monopoly of the representation of the Shiites and threaten with their weapons to create the conditions of the division of the country.
Article 1.6:
Because of this situation of democracy under blackmails, we propose the formation of a Temporary Democratic Government for two years. It must be based on at least two thirds of the current deputies. It is about the Temporary Council of Government of 12 ministers of State including five Christians, five Moslems, a layman of Christian origin and a layman of Moslem origin, all elected by the deputies to form the government equipped with the decisional executive power for two years. The ministers of State of each religion are chosen by the result of the votes of the deputies of the religion concerned. The candidates who obtain the most voice will be named in an election with two turns. The Council Decisions are made in the obligatory majority of 8 votes at least out of 12. The dialogues are done at the Parliament and the Council of Government exclusively. The technocrat ministers will be chosen by the Council of Government to manage all the ministries and the institutions of the State.
Article 1.7:
The composition of the Council of Government must reflect Lebanese cultural pluralism. It is not a question to encourage the confessionalism but to limit mistrust between the people of different religions:
- Two Maronites Christians;
- A catholic Christian;
- An orthodox Christian;
- An Armenian Christian;
- A layman of Christian origin;
- Two Shiites Moslems;
- Two Sunnites Moslems;
- A Druze Moslem;
- A layman of Moslem origin.
Each deputy must declare himself in one of these categories for his voting and candidature rights.
Article 2 - Election of a provisional President and a Vice-president for two years.
Article 2.1:
On a purely provisional basis, the Provisional President of the Republic will be elected by the Parliament for duration of two years mandate. Its mission is the application of the Program of reforms of this text in agreement with the Provisional Vice-president and the Provisional Council of Government. It manages the operation of the Council of Government in agreement with the Vice-president.
Article 2.2:
The Provisional President of the Republic is of Maronite origin. He must protect secularity of the State from any religious interference. He must take care of the neutrality of Lebanon vis-a-vis the regional conflicts of the Middle-East. He is the chief of the army and the services of safety. But any important decision must be in agreement with the Council of the Provisional Government and the Provisional Vice-president.
Article 2.3:
The Provisional President of the Republic is elected for two years by at least two thirds of the current deputies, i.e. 86 obligatory votes. This reinforced majority will bring stability and confidence towards a state still unstable and threatened by terrorist groups. The dispute by the opponents concerning the need for two thirds of the deputies according to the Constitution will be solved. The deputies of the Group of the General Michel AOUN are brought to get along with the deputies of the current majority. Democratic moderation and the participation in the decisions of the power are important to avoid violent conflicts. It is not a question to cut out the State in shares like a cake to be distributed to the clans. Each ministry must be controlled by the whole of the Government.
Article 2.4:
The situation of democratic freedoms remains distorted by the presence of armed militia on the Lebanese ground. There will be no free elections and faithful representation of the people to the Parliament as long as all the weapons are not recovered by the State. This is why, the principal task of the provisional Government under the responsibility of the provisional President of the Republic is the obligation to solve this problem before the end of its mandate.
Article 2.5:
In the place of the Prime Minister, the deputies choose a provisional Vice-president for two years. He takes part in the acts of the President of the Republic and can block any decision while waiting for the agreement of the Provisional Council of Government. The Constitution will be reformed to limit the duration of blockings and to envisage obligatory automatic solutions.
Article 2.6:
The Provisional Vice-president chosen for two years is Sunnite. He is elected by the Parliament under the same conditions as the President (see article 2.3).
Article 2.7:
The will of government decisions by reinforced majority (of two thirds) necessary because of the threats on the unit of the country should not lead to situations of blocking of the political life and operation of the State. The absence of agreement with the government on any file imposes an urgent meeting which must go up to 12 continuous hours if the dissension persists. With the exit of the first meeting, if there is no agreement, a second meeting must take place before the seven days end under the same conditions. With the exit of the second meeting, if the dissension persists, the Council of Government is automatically dissolved. The President of the Republic must organize the formation of the new Council of Government within one week. The President and his Vice-president remain in function until the end of their mandates, except lawsuit with the Constitutional Council.
Any person in charge who refuses to sit at any meeting without reason of cause beyond control will be laid off for its functions after only one warning which must be made by the Constitutional Council in 24 hours. That concerns the President, the Vice-president, the members of the Government and all the deputies.
Article 3 - Election of the Provisional Council of the Parliament for two years with a Provisional President and a Provisional Vice-president of the Parliament.
Article 3.1:
The blocking of the current Parliament raises serious questions about the absence of democracy in Lebanon. The Council of the Parliament elected temporarily for two years can manage the operation of the Parliament in the place of the President of the current Parliament. What can moderate the decisions and resolve the blocking of the legislative reforms.
Article 3.2:
The Provisional Council of the Parliament is made of 12 members and manages the action of the legislative power of the Parliament. It functions like the Provisional Council of the Government by decisions in the reinforced majority of two thirds (8 obligatory votes out of 12). It is composed with the same religious distribution as the Council of Government (article 1.7). The election of the members is done as for the Council of Government. The members of each religion are chosen by the result of the votes of the deputies of the religion concerned. The candidates who obtain the most voices will be named in an election with two turns.
Article 3.3:
The President of the Parliament is Shiite. He must protect secularity of the State from any religious interference. He manages the operation of the Parliament in agreement with the Vice-president of the Parliament and the Council of the Parliament. The Vice-president is Christian.
Article 3.4:
The President and the Vice-president of the Parliament are elected by votes of the Parliament in the simple majority with two turns. The first turn is for the classification of the candidates. The second turn is for the choice between the two best placed candidates of the first turn.
Article 3.5:
The will of Decisions of the Provisional Council of the Parliament by reinforced majority (of two thirds), necessary because of the threats on the unity of the country, should not lead to situations of blocking of the political life and operation of the Parliament. The absence of agreement on any file with the Council of the Parliament imposes an urgent meeting which must go up to 12 continuous hours if the dissension persists. With the exit of the first meeting, if there is no agreement, a second meeting must take place before the seven days end under the same conditions. With the exit of the second meeting, if the dissension persists, the Provisional Council of the Parliament is automatically dissolved. The President of the Parliament must organize the election of the new Council within one week. The President and his Vice-president remain in function until the end of their mandates, except lawsuit with the Constitutional Council.
Any person in charge who refuses to sit at any meeting without reason of cause beyond control will be laid off for its functions after only one warning which must be made by the Constitutional Council in 24 hours. That concerns the President, the Vice-president, and all the deputies of the parliament.
Article 4 - Reorganization of the army, the safety services, and the wearing of weapons on the Lebanese territory.
Article 4.1:
The President of the Republic is the chief of the army. Any important decision is under its responsibility. Apart an urgency, its decisions must be supported by the Vice-president and the Council of Government.
Article 4.2:
The army and the safety services must be reinforced to answer the pacification and the respect of the law on all the Lebanese territory. No wearing of weapons is authorized except by the law and in agreement with the will of the Government.
Article 4.3:
Denominational balance is obligatory on all the levels of the hierarchy of the army and the safety services, as it is in all the public services.
Article 4.4: The management of the problems and the crises must be made by a Security Council common to all the services of the national defense.
Article 4.5:
The final reforms of the texts of laws will be made by the new Parliament and after the creation of a new electoral law.
Article 5 – Lebanese Borders and traffic of weapons Controls.
Article 5.1:
The army in the south must be permanently in effective defensive position of the borders as long as a final treaty is not concluded with the State of Israel. The Palestinian camps must be protected by the Lebanese army.
Article 5.2:
In spite of the absence of hostility between the Lebanese and Syrian people, the regime currently in power in Syria obliges us to be protected from every entry on the territory of doubtful people, and any military material. The control of the borders must be absolute.
Article 6 - Reorganization of the judicial apparatus.
Article 6.1:
The judicial apparatus must be independent from the political powers.
Article 6.2:
The decisions and the judgments must be made by the Councils with several judges to decrease the risks of pressures or violence against the judges. Denominational balance between the judges is an element of confidence towards the judicial apparatus. For each lawsuit, the decision is made by vote of two thirds of the judges, (four out of six judges).
Article 6.3: The judges must profit from adapted protections.
Article 6.4:
The judicial apparatus must be sufficiently financed in order to be effective.
Article 6.5:
The deputies and the members of the government are judged by the Constitutional Council.
Article 6.6:
Each lawsuit in Lebanon must be judged by a group of six judges whose composition is as follows:
- A Christian Maronite judge,
- A Christian Orthodox judge,
- A Christian Catholic judge,
- A Moslem Shiite judge,
- A Moslem Sunnite judge,
- A Moslem Druze judge.
The decision must be voted with the secret bulletin by at least 4 judges.
No judgment is regular until the text of the judgment answered by clears arguments all the questions put in writing in the procedure.
The entire lawsuit must be public.
Article 6.7:
The Constitutional Council judges the deputies and the members of the government. It makes respect the Constitution. It controls the action of the Parliament and the government. It is made of twelve members elected by the people in the same way that the ministers of State of the government. These decisions require the agreement of 8 members out of twelve.
Article 7 - To develop the surface, air and maritime transports, as well as telecommunications.
Article 7.1:
The Provisional Council of Government cannot do all in two years. But it must start to make what is urgent to give again hope to Lebanese and to start again to build the economy of the country.
Article 7.2:
The surface transport inside the country must be improved in urgency.
Article 7.3:
The surface transport through the Syrian border is risked and can remain in this situation for years. This border is likely to be closed in a brutal way. This is why, the maritime transport must be reorganized in urgency to provide for the needs for the country independently of transport at the Syrian border.
Article 7.4:
Lebanon is a strainer. Its economy is dependent on the imports and exports. It is necessary to make safe and develop the maritime transport towards all the countries in relation with Lebanon.
Article 7.5:
Telecommunications must be improved and brought back to reasonable prices.
Article 8 - To support employment and the return of Lebanese to the country.
Article 8.1:
It is urgent to reverse the tendency to the emigration of the Lebanese ones. All feasible measurements in urgency in this direction will be made on the basis of laws voted at the Parliament.
Article 8.2:
Economic measurements will not be enough. It is necessary to restore peace, the safety of the people and the goods, and especially to rebuild an independent and democratic State to give confidence to Lebanese for a healthy future in the long run.
Article 8.3:
It is particularly important and urgent to disarm all the political groups or subversions groups on all the Lebanese territory. Without this requirement, Lebanon cannot be reanimated any more.
Article 8.4:
Employment in Lebanon will then depend on an industrialization policy in order to manufacture and to export modern products.
Article 9 - Creation of a new electoral law for the deputies.
Article 9.1:
The Provisional Council of Government with the Provisional President of the Republic and the Provisional Vice-president of the Republic for two years has as essential role the preparation of principal laws in order to create the conditions of a true democratic, independent and transparent State. The most urgent law is the Electoral Law.
Article 9.2:
We think that to make a true democracy, the deputy must be selected locally, closest to the citizens who know him, by preserving the total independence of the voter and the deputy. That supposes the absence of pressures, corruptions, cheatings, blackmails, purchases of the voices, and untrue propaganda. An apparatus of justice right and independent with the assistance of the services of safety must be able to make respect the laws and guarantee free elections.
Article 9.3:
We know that political chiefs or chiefs of clans, or personalities in the power are tempted to preserve their privileges at the detriment of the interest of the citizen and the general interest. The hypocritical formulas of electoral rules are multiple: election with the proportional formula, election by lists of candidates, election by increasing the geography of the electoral district to move away from the control of the citizen, election by changing the electoral cutting of the country in order to favor a special interest group, election by handling the public opinion by media with their balances, election by buying journalists for propaganda, use of the religious weakness by repeating the mediatized visits near the religious chiefs, blockings of official institutions while making believe that they are essential to save the country, and the list can be much longer! The Organization will fight against these usurpers of the general interest of the people of Lebanon. The Organization will fight for the transparency of all the public acts. The deputies must feel concerned to correct these anomalies otherwise they have the risk to lose their electoral mandates.
Article 9.4:
It is at the Parliament to slice for the choice of a new text of electoral law. The electoral law will belong to the future Constitution of the country owing to the fact that it is the first stone of the building of the democratic State. One needs the favorable vote of two thirds of the deputies. In the event of blocking, a provisional law will be voted in the simple majority for four years while waiting for a better agreement for a final law supported by the reinforced majority of two thirds of the deputies. In reference to a true democracy of free people, we can say that the current Parliament is in extreme cases of what can be legitimate. There are serious repercussions of the passed thirty years of occupation by a totalitarian and repressive regime. There are chiefs who lock democratic operation. There are the bad results of a bad electoral law of the year 2000 which was applied in May and June 2005. And there are especially threats of violent repressions by groups armed on all the territory in Lebanon. These groups seek to impose their desires on the power of the State.
Article 9.5:
The Lebanese Strong Transparent Democracy Organization (LSTDO) www.lebanese-transparent-democracy.org has his own Electoral bill project. It will be proposed to the deputies. Let us hope that the independent and legitimate deputies are sufficiently numerous to vote this law and to allow the acceleration of the reforms of the country. The project can be obviously modified since the objective is to manage to satisfy the opinion of two thirds of the deputies.
Article 9.6:
Here are some general principles of the Electoral bill for the deputies of Lebanon (a complete text will be presented later on):
9.6.1: “Election of the deputies at the majority with three turns on the level of electoral district of small size to choose only one deputy by district”. Even if he belongs to a party, the candidate must present himself in the district of his birth, without coalition with other candidates. So that the candidate is personally known by voters, the district should not exceed ten villages or approximately 10000 inhabitants.
9.6.2: To date, and because of two thousand years a religious past, the spirit of Lebanese is related to its religion. But the modern and democratic States cannot function and reform itself without the separation of the laws of the State far from the religious texts. The adaptation for Lebanon is possible. The laws of the State must be independent of the religions. At the same time, the freedom of the religious beliefs will be respected with the provision of not harming others. About the Electoral Law, the religious balance in the country requires that the numbers of deputies of Christian origin and Moslem origin are equal. Among Christians, the cultural tendency is pro Western for multiple reasons. Among the Moslems, the cultural tendency is pro Eastern and the anti occident reflex is frequent. The religious cultures maintain this established fact. Approximately, we have two cultures to bring closer. It is necessary to remove the elements of mistrust between them. This is why, the survival of Lebanon depends on an equality in the powers and in the social chances of the citizens of the two communities which are mixed on all the Lebanese territory. A balance between the various confessions (Maronite, Orthodox Catholic, Sunnite, Shiite and Druze) must be also found.
9.6.3: The electoral law must preserve free elections and envisage the steps of controls and sanctions of the frauds.
9.6.4: The final electoral law which will be integrated into the Constitution must be voted by two thirds of the deputies, that is to say 86 deputies according to the current configuration. In the event of blocking, a provisional law will be voted at the simple majority for four years while waiting for a better agreement for a final law at the reinforced majority of two thirds of the number of the deputies.
Article 10 - Constitution Reform.
Article 10.1:
Since the independence of 1943, repeated blockings of the effectiveness of the actions of the Lebanese STATE created irrevocable damage. The principal political institutions of the country are currently paralyzed.
Article 10.2:
The reform of the Constitution is essential in order to envisage protocols of automatic solution of any blocking of the effectiveness of the actions of the STATE.
Article 10.3:
The Constitution must guarantee the democratic and pluralist character of the Lebanese State.
Article 10.4:
The Constitution must guarantee the independence of Lebanon and the absence of dependence of the government to any foreign power in the respect of the Charter of the United Nations.
Article 10.5:
The Constitution must guarantee the equality of numbers between Christians and Moslems, of all the employees and civil servants of the Lebanese STATE on all the levels of the hierarchy and the levels of wages.
Article 10.6:
The Constitution must prohibit the existence of every Lebanese party which shows dependence to any foreign power or which does not respect the Lebanese laws.
Article 10.7:
The Constitution must guarantee that the decisions of the Government are collegial by votes with the secret bulletin on each file. The majority reinforced to two thirds of the members of the Council of Government, ministers of STATE, is necessary to adopt the decisions. The will of search for compromise is obligatory between the members of the government. A protocol of settlement of the disputes must envisage a solution to be found in a limited time. The continuing disagreement in spite of the application of the protocol involves the dissolution of the government automatically.
Article 10.8:
The Constitution must guarantee the independence and the complete separation of the executive power, of the legislative power, of the judicial power, of the armed forces, and of the tools of information.
Article 10.9: The Constitution must guarantee the respect of the human rights such as they are stated by the Charter of the United Nations.
Article 10.10:
The texts of the Constitution must be approved by two thirds of the members of the Parliament to be final (without limitation in time). Otherwise, a text will be adopted in the simple majority on a purely provisional basis for two years in order to seek its modification to make it final.
Article 10.11:
The Lebanese Strong Transparent Democracy Organization (LSTDO), www.lebanese-transparent-democracy.org , has its project of text for a new Constitution. It will be proposed to the deputies. Let us hope that the independent and legitimate deputies are sufficiently numerous to vote this Constitution, article by article, and to allow the acceleration of the reforms of the country. The project can be obviously modified since the objective is to manage to satisfy the opinion of two thirds of the deputies.
Article 10.12:
The most urgent articles of the Constitution will be modified into the limited period of two years to adapt the preparation of the new elections. The remainder of the Constitution will be reformed by the future Parliament resulting from the new electoral law.
Article 10.13:
The Constitution must guarantee that the State is laic, that each citizen has the right constantly of his life to choose a laic marital status and to release himself from any religious constraints. The religious beliefs of the people are respected with the proviso of not harming the rights of the other people.
Article 11 - Election of the deputies.
Article 11.1:
A new electoral law which guarantees the freedom of the citizen and the parliamentary candidate will be adopted before the organization of the legislative elections.
Article 11.2:
Each electoral district must have the geography of ten villages or approximately 10000 inhabitants. Only one deputy will represent the district at the Parliament.
Article 11.3:
Cutting in electoral districts must hold account as much as possible the cultural and religious characteristics of the inhabitants.
Article 11.4:
The total of the Christian deputies must be equal on the whole Moslem deputies in the Parliament.
Article 11.5:
The total of the deputies of a Christian denominational community, for example the Maronites, must be proportional to the importance of this community compared to the whole of the Christians of Lebanon.
Article 11.6: The total of the deputies of a Moslem denominational community, for example the Shiites, must be proportional to the importance of this community compared to the whole of the Moslems of Lebanon.
Article 11.7:
It must be clear that balance between the religious memberships of the deputies has only one objective. It is a question of reducing mistrust between people of different religions. The political action must remain laic. The deputies will not be chosen by the religious chiefs. There is separation of the powers of the STATE from any religious interference.
Article 11.8:
The religious chiefs do not have the right to take part in the politics. They have the right to be expressed freely like all the citizens with the provisos of respecting the laws and of not encouraging in particular with racial hatred and terrorism.
Article 11.9:
Because of the limited means of the Lebanese army, the elections will be made by stages, to protect the people and the goods, and to guarantee free and transparent lawful elections.
Article 12 - Election of the Council of the Parliament.
Article 12.1:
The multicultural balance of the country requires the presence in the Council, which manages the operation of the Parliament, of representatives of the various political forces, and preserving at the same time the balance of the religious origins of the members of this Council.
Article 12.2:
It is necessary to envisage a precise protocol so that the operation of the Parliament is safe from any blocking from any person. Legal proceedings must be made automatically against any person in charge who makes obstacle with the course of work of the Parliament.
Article 12.3:
The Lebanese Strong Transparent Democracy Organization (LSTDO) www.lebanese-transparent-democracy.org has its project of text for the creation and the operation of the Council of the Parliament. It will be proposed to the deputies.
Article 12.4:
The composition of the Council of the Parliament must reflect Lebanese cultural pluralism. It is not a question to encourage the confessionalism but to limit mistrust between the people of different religions:
- Two Maronite Christians;
- A Catholic Christian;
- An Orthodox Christian;
- An Armenian Christian;
- A layman of Christian origin;
- Two Shiite Moslems;
- Two Sunnite Moslems;
- A Druze Moslem;
- A layman of Moslem origin.
Each deputy must declare himself in one of these categories for his voting rights and of candidature.
Article 12.5:
The election of the members of this Council of the Parliament proceeds under the same conditions for election of the members of the Council of Government.
Article 12.6:
The Council of the Parliament is made of 12 members and manages the action of the legislative power of the Parliament. It functions like the Council of the Government by decisions in the majority reinforced of two thirds (8 obligatory votes out of 12). It is composed with the same religious distribution as the Council of Government. The members of each religion are chosen by the result of the votes of the deputies of the religion concerned. The candidates who obtain the most voice will be named in an election with two turns.
Article 12.7:
The President of the Parliament is Shiite. He must protect secularity from the State of any religious interference. He manages the operation of the Parliament in agreement with the Vice-president of the Parliament and the Council of the Parliament. The Vice-president is Christian.
Article 12.8:
The President and the Vice-president of the Parliament are elected by votes of the Parliament in the majority simple with two turns. The first turn is for the classification of the candidates. The second turn is for the choice between the two best candidates placed from the first turn.
Article 12.9:
The President and the Vice-president of the Parliament manage the operation of the Parliament but any decision must be adopted by the Council of the Parliament by a reinforced majority of two thirds, say eight members at least must have voted favorably (8 members out of 12).
Article 12.10:
Any blocking of decision must obligatorily start the execution of a protocol which must lead the members to get along in a limited time. Otherwise the Council of the Parliament will be dissolved automatically at the end of a precise and short time.
Article 12.11:
Here is the current proposal of the automatic protocol of releasing of the decisions at the Parliament:
The will of Council Decisions of the Parliament by majority reinforced (of two thirds) necessary because of the threats on the unit of the country should not lead to situations of blocking of the political life and operation of the Parliament. The absence of agreement on any file in the Council of the Parliament imposes an urgent meeting which must go up to 12 continuous hours if the dissension persists. With the exit of the first meeting, if there is no agreement, a second meeting must take place before the seven days end under the same conditions. With the exit of the second meeting, if the dissension persists, the Council of the Provisional Parliament is automatically dissolved. The President of the Parliament must organize the election of the new Council within one week. The President and his Vice-president remain in function until the end of their mandates, except lawsuit with the Constitutional Council.
Article 13 - Election of the President and the Vice-president of the Republic.
Article 13.1:
The President of the Republic will be elected by the Lebanese citizens carrying an electoral card, for duration of four years mandate. Its mission is the application of the decisions of the Government in agreement with the Vice-president and the Council of Government. It manages the operation of the Council of Government in agreement with the Vice-president.
Article 13.2:
The President of the Republic is of Maronite origin. He must protect secularity of the State from any religious interference. He must take care of the neutrality of Lebanon vis-a-vis the regional conflicts of the Middle-East. He is the chief of the army and the services of safety. But any important decision must be in agreement with the Council of the Government and the Vice-president.
Article 13.3:
The course of the presidential election is done during the three months which precedes the end by the mandate of the president in progress. The election is done by a selection with three turns.
The first turn proceeds in the third month before the end of the presidential mandate. A mediatized competition will be followed by a choice of four best candidates classified in a national vote where each voter chooses only one candidate.
The second turn proceeds in the second month before the end of the presidential mandate. A mediatized competition will be followed by a choice of two best candidates classified among the four already selected in the first turn, in a national vote where each voter chooses only one candidate.
The third turn is held in the first month before the end of the presidential mandate. A mediatized competition will be followed by a choice of the best candidate classified among the two already selected in the second turn in a national vote where each voter chooses only one candidate.
The candidates do not have expenses to pay for the official recording of their candidatures.
The candidates will have the same time of use of the television or radiobroadcast Medias. They will have equivalent spaces in the written Medias.
The candidates must deposit an Argued Program officially at the same time as their recording of candidature.
Article 13.4:
The Vice-president of the Republic will be elected by the Lebanese citizens carrying an electoral card, for duration of four years mandate, at the same time as the election of the President. Its mission is the application of the decisions of the Government in agreement with the President and the Council of Government. It manages the operation of the Council of Government in agreement with the President.
Article 13.5:
The Vice-president of the Republic is of Sunnite origin. He must protect secularity of the State from any religious interference. He must take care of the neutrality of Lebanon vis-a-vis the regional conflicts of the Middle-East. He cooperates with the President for the direction of the army and the services of safety. But any important decision must be in agreement with the Council of the Government and the President.
Article 13.6:
The course of the election of the Vice-president is done during the three months which precedes the end by the mandate of the president in progress and at the same time as the presidential election. The election is done by a selection with three turns.
The first turn proceeds in the third month before the end of the presidential mandate. A mediatized competition will be followed by a choice of four best candidates classified in a national vote where each voter chooses only one candidate.
The second turn proceeds in the second month before the end of the presidential mandate. A mediatized competition will be followed by a choice of two best candidates classified among the four already selected at the first turn in a national vote where each voter chooses only one candidate.
The third turn is held in the first month before the end of the presidential mandate. A mediatized competition will be followed by a choice of the best candidate classified among the two already selected at the second turn in a national vote where each voter chooses only one candidate.
The candidates do not have expenses to pay for the official recording their candidatures.
The candidates will have the same time of use of the television or broadcast media. They will have equivalent spaces in the written media.
The candidates must deposit an Argued Program officially at the same time as their recording of candidature.
Article 13.7:
The President of the Republic or the Vice-president of the Republic can be laid off of his functions by a vote at the Parliament with a reinforced majority of the three quarter of the members of the Parliament for acts considered to be serious by the Constitutional Council.
Article 14 - Election of the Council of Government.
Article 14.1: The will of government decisions by majority reinforced (of two thirds) necessary because of the threats on the unit of the country should not lead to situations of blocking of the political life and the work of the State. The absence of agreement on any file in the government imposes an urgent meeting which must go up to 12 continuous hours if the dissension persists. With the exit of the first meeting, if there is no agreement, a second meeting must take place before the seven days end under the same conditions. With the exit of the second meeting, if the dissension persists, the Council of Government is automatically dissolved. The President of the Republic must organize the election of the new Council of Government within one month. The President and his Vice-president remain in function until the end of their mandates, except lawsuit with the Constitutional Council. The outgoing Government dispatches the current businesses while waiting for its replacement.
Article 14.2:
Here is the current proposal of the Lebanese Strong Transparent Democracy Organization (LSTDO) www.lebanese-transparent-democracy.org , concerning the principal mechanisms of the Council of Government:
<< Council of Government of 12 ministers of State including five Christians, five Moslems, a layman of Christian origin and a layman of Moslem origin, all elected by the direct suffrage to form the government equipped with the decisional executive power for four years. Each minister of State is elected by his religion Lebanese. The Council Decisions are made with a majority of 8 out of 12. The President of the Republic, Maronite Christian, elected directly by the vote of all Lebanese ones for four years, is the chief of the army, and the services of safety. He manages the international relations and chairs the Council of Government. The Vice-president of the Republic, Sunnite Moslem, elected directly by the vote for all Lebanese ones, shares the functions of the President. Any dissension is solved by the Council of Government. Balance of the religious memberships of the deputies, of the ministers and of all the civil servants. >>
Article 14.3:
There is no post of Prime Minister in the project of the Council of Government. The management of the Council of Government is entrusted to the President of the Republic and to the Vice-president of the Republic who are responsible mutually. A persistent conflict on a file between the President and the Vice-president must be judged by the members of the Council of Government. This last will be dissolves according to the automatic protocol in the event of persistence of the dissension. It is prohibited to block the operation of the public services and the administrations of the State because of any political problem. The Lebanese army, with the services of interior safety, the Constitutional Council and the judicial apparatus are responsible for the application of the Constitution as a last resort.
Article 14.4:
The Government is formed of Ministers of two categories: the twelve State ministers are elected by the citizens for four years forming the Council of Government, and the delegated ministers which are chosen by the Council of Government for the various ministries and services of the State.
Article 14.5:
The Council of Government is the principal building of the socio political balance of Lebanon. The executive power of the Lebanese State is between its hands.
Article 14.6:
The composition of the Council of Government must reflect Lebanese cultural pluralism. It is not a question to encourage the confessionalism but to limit mistrust between the people of different religions and to ensure the stability of peace in Lebanon.
The ministers of State are:
- Two Maronite Christians;
- A Catholic Christian;
- An Orthodox Christian;
- An Armenian Christian;
- A layman of Christian origin;
- Two Shiite Moslems;
- Two Sunnite Moslems;
- A Druze Moslem;
- A layman of Moslem origin.
Article 14.7:
Each candidate for a post of Minister of State must declare himself in only one category of the known socio religious cultures quoted in article 14.6.
Article 14.8:
The election campaign will be made in the first month after the election of the President of the Republic and the Vice-president of the Republic.
Article 14.9:
Each Lebanese citizen must have an up to date voter registration card on which his membership of one of the categories of the known socio religious cultures quoted in article 14.6 must be announced. For example, if the voter chooses the category of the laymen (of his Moslem or Christian religious origin), it will be able to vote only for one candidate at the laic post of minister of his religious origin.
This difficulty is necessary to ensure civil peace in Lebanon. It is the price to support to prevent the terrorist interferences of the extremists in the Middle-East. Admittedly, this problem will be easy to remove if the influence of the religions in the mental of Lebanese ones would be dissipated. On this subject, it would be interesting to supervise the evolution of the camp of the laymen during the years to come.
Article 14.10:
For each post of Minister of State, the election campaign is held in three turns, at the same time on all the territory of Lebanon. The first turn ends at the second week of the month which follows the election of the President of the Republic. The four best classified candidates can continue to the second turn. The candidates must be independent from each other. There are no lists, nor negotiations between the candidates. Each voter will choose a candidate for each post of minister of his own socio religious category. For example, if there is one post of minister of State for his socio religious category, it must register only one name of candidate pertaining to the same category.
The second turn proceeds at the end of the third week of the month which follows the presidential election. For each post of minister of State, the two best classified candidates can continue to the third turn.
The third turn is held at the end of the fourth week of the month which follows the presidential election. For each post of minister of State, the candidate at the head is allowed.
On the whole, there will be twelve ministers of State elected by the people for a four years mission and which do not have to undergo illicit pressures to manage the public services in the general interest of all the Lebanese ones.
Article 14.11:
The action of the Constitutional Council can control the faults of the ministers.
Article 14.12:
The Parliament can require the resignation of a minister by a vote of a majority reinforced to two thirds of the members of the Parliament.
The Parliament can remove a decision of the Government by a vote of a majority of two thirds of the members of the Parliament.
The Parliament makes evolve the laws without needing proposal from the Government. The two legislative and executive powers are independent.
Article 14.13:
The Council of Government’ Decisions are made with the majority of at least eight members out of 12.
Article 14.14:
The ministers in charge of missions must report the results of their missions with regular intervals to the Council of Government.
Article 14.15:
The Council of Government collegially controls the missions of the ministers in charge of missions.
Article 14.16:
The President of the Republic and his Vice-president chair the Council of Government and manage the timetable.
Article 15 - Handing-over of the power of the State to the new Council of Government.
Article 15.1:
At the end of the realization of this Program of the two years Limited Period of the third Lebanese Republic and after having reconstituted a democratic and free political power for Lebanon, the Provisional Government is automatically dissolved.
Article 15.2: The executive power of the Lebanese State is dealt automatically by the new Council of Government which is chaired by the new President of the Republic and its new Vice-president.
End of the text of the proposal which is made to the current deputies of Lebanon, at the end of June 2007
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Name of the Organization on the French-speaking pages:
Association pour la Démocratie Forte Transparente au Liban (ADFTL)
Name of the Organization on the Arabic-speaking pages:
التجمع الديمقراطي القوي الشفاف في لبنان
Name of the Organization on the English-speaking pages:
Lebanese Strong Transparent Democracy Organization (LSTDO)
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LSTDO / Proposal of Political Solution, June 2007
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