Constitution of Lebanon

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The Constitution of Lebanon was adopted on 23 May 1926. Initiated during the French Mandate, it established a governance model based on confessionalism to accommodate Lebanon's religious communities. [1]

Contents

Drafted with contributions from prominent figures and drawing inspiration from the French Third Republic, the constitution enshrined principles of liberty, equality, and religious freedom while instituting a system that allocated political representation and power based on religious affiliation. This included an equal division of legislative seats between Christians and Muslims, with further proportional distribution among their sects. [1]

Post-independence, the constitution underwent significant modifications, highlighted by changes including the 1943 National Pact and further refined by the 1989 Taif Agreement, with the latter aimed at resolving the 15-year Lebanese Civil War. [1]

History

The most recent amendment of the Constitution was for the Charter of Lebanese National Reconciliation (Ta'if Accord), in October 1989.

Articles

Article 11, on the Official National Language, declares that "Arabic is the official national language. A law determines the cases in which the French language may be used."

In an attempt to maintain equality between Christians and Muslims, Article 24 of the constitution mandates the distribution of offices on the basis of Confessionalism as an interim measure, but does not specify how they are to be allocated. (See National Pact) It does, nevertheless, specify that half the seats shall be given to Christians and half to Muslims. Article 24 in its entirety reads as follows. [2]

Until such time as the Chamber enacts new electoral laws on a non-confessional basis, the distribution of seats shall be according to the following principles:

  1. Equal representation between Christians and Muslims.
  2. Proportional representation among the confessional groups within each of the two religious communities.
  3. Proportional representation among geographic regions.

Exceptionally, and for one time only, the seats that are currently vacant, as well as the new seats that have been established by law, shall be filled by appointment, all at once, and by a two thirds majority of the Government of National Unity. This is to establish equality between Christians and Muslims as stipulated in the Document of National Accord. The electoral laws shall specify the details regarding the implementation of this clause.

The constitution describes the flag of Lebanon. The original version of Article 5 read "The Lebanese flag is blue, white, red with a cedar in the white part". A change made on 7 December 1943 indicated that "The Lebanese flag is made of red, white and red horizontal stripes, with the cedar in green in the centre of the white stripe". Some flag manufacturers have created a more conventional looking tree, with a brown trunk. Some allege that this is unconstitutional. [3]

Research

A scholarly reference book on the Lebanese Constitution, describing its history and citing its full text as well as all its amendments was published in 1968 by Shafik Jiha and Wadih Chbat. [4]

See also

Related Research Articles

Lebanon is a parliamentary democratic republic within the overall framework of confessionalism, a form of consociationalism in which the highest offices are proportionately reserved for representatives from certain religious communities. The constitution of Lebanon grants the people the right to change their government. However, from the mid-1970s until the parliamentary elections in 1992, the Lebanese Civil War (1975–1990) precluded the exercise of political rights.

<span class="mw-page-title-main">State religion</span> Religion or creed endorsed by the state

A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not a secular state, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the clergy, nor is the state-sanctioned religion necessarily under the control of the state.

<span class="mw-page-title-main">Flag of Lebanon</span> National flag

The national flag of Lebanon is formed of two horizontal red stripes enveloping a horizontal white stripe. The white stripe is twice the height (width) of the red ones —a Spanish fess. The green cedar in the middle touches each of the red stripes and its width is one third of the width of the flag.

Several politico-constitutional arrangements use reserved political positions, especially when endeavoring to ensure the rights of women, minorities or other segments of society, or preserving a political balance of power.

The Taif Agreement, officially known as the National Reconciliation Accord, was reached to provide "the basis for the ending of the civil war and the return to political normalcy in Lebanon". Negotiated in Taif, Saudi Arabia, it was designed to end the 15 year-long Lebanese Civil War, reassert Lebanese government authority in southern Lebanon, which was controlled at the time by the Christian-separatist South Lebanon Army under the occupational hegemony of Israel. Though the agreement set a time frame for withdrawal of Syrian military forces from Lebanon, stipulating that the Syrian occupation end within two years, Syria did not withdraw its forces from the country until 2005. It was signed on 22 October 1989 and ratified by the Lebanese parliament on 5 November, 1989.

Elections in Lebanon are allotted to occur every four years. Every citizen is allowed to vote, but the positions are constitutionally allocated by religious affiliation. In 2014, the Parliament failed to elect a president and extended its own term. In 2018 general elections resumed. Lebanon was ranked second most electoral democracy in the Middle East according to V-Dem Democracy indices in 2023 with a score of 0.157 out of 1.

The National Pact is an unwritten agreement that laid the foundation of Lebanon as a multiconfessional state following negotiations between the Shia, Sunni, and Maronite leaderships. Erected in the summer of 1943, the National Pact was formed by the then-president Bechara El Khoury and the prime minister Riad Al Solh. Mainly centered around the interests of political elites, the Maronite elite served as a voice for the Christian population of Lebanon while the Sunni elite represented the voice of the Muslim population. The pact also established Lebanon's independence from France.

<span class="mw-page-title-main">Parliament of Lebanon</span> Legistature of Lebanon

The Lebanese Parliament is the national parliament of the Republic of Lebanon. There are 128 members elected to a four-year term in multi-member constituencies, apportioned among Lebanon's diverse Christian and Muslim denominations but with half of the seats reserved for Christians and half reserved to Muslims per Constitutional Article 24. Lebanon has universal adult suffrage. Its major functions are to elect the President of the republic, to approve the government, and to approve laws and expenditure.

<span class="mw-page-title-main">President of Lebanon</span> Head of state of Lebanon

The presidentof the Lebanese Republic is the head of state of Lebanon. The president is elected by the parliament for a term of six years, which cannot be renewed immediately because they can only be renewed non-consecutively. By convention, the president is always a Maronite Christian who fulfills the same requirements as a candidate for the house of representatives, as per article 49 of the Lebanese constitution.

<span class="mw-page-title-main">Catholic Church in Lebanon</span>

The Catholic Church in Lebanon is part of the worldwide Catholic Church under the spiritual leadership of the Pope in Rome.

<span class="mw-page-title-main">Lebanese Independence Day</span> Public holiday in Lebanon

Lebanese Independence Day is the national day of Lebanon, celebrated on 22 November in commemoration of the end of the French Control over Lebanon in 1943, after 23 years of Mandate rule.

Confessionalism is a system of government that is a de jure mix of religion and politics. It typically entails distributing political and institutional power proportionally among confessional communities.

The Constitution provides for the freedom to practice the rights of one's religion and faith in accordance with the customs that are observed in the kingdom, unless they violate public order or morality. The state religion is Islam. The Government prohibits conversion from Islam and proselytization of Muslims.

According to Article 9 of the Lebanese Constitution, all religions and creeds are to be protected and the exercise of freedom of religion is to be guaranteed providing that the public order is not disturbed. The Constitution declares equality of rights and duties for all citizens without discrimination or preference. Nevertheless, power is distributed among different religious and sectarian groups. The position of president is reserved for a Maronite Christian; the role of Presidency of Parliament for a Shiite Muslim; and the role of Prime Minister for a Sunni Muslim. The government has generally respected these rights; however, the National Pact agreement in 1943 restricted the constitutional provision for apportioning political offices according to religious affiliation. There have been periodic reports of tension between religious groups, attributable to competition for political power, and citizens continue to struggle with the legacy of the civil war that was fought along sectarian lines. Despite sectarian tensions caused by the competition for political power, the Lebanese continue to coexist.

<span class="mw-page-title-main">Irreligion in Lebanon</span>

Irreligion is very uncommon in Lebanon, as Islam and Christianity are the predominant faiths. It is difficult to quantify the number of atheists or agnostics in Lebanon as they are not officially counted in the census of the country. The Lebanese Constitution guarantees the freedom of belief. There is a great stigma attached to being an atheist in Lebanon, thus many Lebanese atheists communicate via the internet. It is difficult not to have your religion stated at birth, although a baby made history in doing so in 2014.

<span class="mw-page-title-main">Council of Ministers of Lebanon</span>

The Council of Ministers of Lebanon is the executive body of the Republic of Lebanon. Its president is the Prime Minister of Lebanon, and it is appointed by the President of Lebanon and the Prime Minister of Lebanon. The appointed government also has to pass a confidence vote in the Parliament of Lebanon. As stipulated in Article 95 of the Lebanese constitution, there are two requirements for the council of ministers to be considered constitutional:

The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

Sectarianism in Lebanon refers to the formal and informal organization of Lebanese politics and society along religious lines. It has been formalized and legalized within state and non-state institutions and is inscribed in its constitution. Lebanon recognizes 18 different sects: 67.6% of the population is Muslim, 32.4% is Christian, the majority being Maronites Catholics and Greek Orthodox, while 4.52% is Druze. The foundations of sectarianism in Lebanon date back to the mid-19th century during Ottoman rule. It was subsequently reinforced with the creation of the Republic of Lebanon in 1920 and its 1926 constitution, and in the National Pact of 1943. In 1990, with the Taif Agreement, the constitution was revised but did not structurally change aspects relating to political sectarianism. The dynamic nature of sectarianism in Lebanon has prompted some historians and authors to refer to it as "the sectarian state par excellence" because it is a mixture of religious communities and their myriad sub-divisions, with a constitutional and political order to match.

References

  1. 1 2 3 Najem, Tom Pierre; Amore, Roy C. (2021). Historical dictionary of Lebanon. Historical dictionaries of Asia, Oceania, and the Middle East (2nd ed.). Lanham (Md.): Rowman & Littlefield. pp. 88–89. ISBN   978-1-5381-2043-9.
  2. "Berkeley Center for Religion, Peace, & World Affairs; Resources on Faith, Ethics, & Public Life; Constitution of Lebanon, Article 24". Archived from the original on 2015-06-18. Retrieved 2015-07-28.
  3. "Lebanon". flagspot.net. Archived from the original on 3 July 2015. Retrieved 11 June 2015.
  4. Constitution of Lebanon: History, Text, Amendements, DDC Classification: 342.56202. Publisher: Beit-el-Hikmah, Beirut, 1968.