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Why is it essential for Lebanon to
adopt a Federal Regime?
“We
offer our unqualified support for the National Accord
of 1943 but we oppose the 1943 structural formula, which
defined the politics of Lebanon.
We support the National Accord because it established
the framework for Christian-Muslim coexistence in a free,
sovereign and independent Lebanon. This form of existence
must be preserved and firmly established. We, due to our
Christian nature, our candid and sincere faith, and consultative
approach (encouraged by our faith), insist on maintaining
this coexistence and in fact, reinforcing, expanding and
defending it. We also pledge to remove all obstacles that
may hinder its continuation.
We oppose the structural formula, that is the executive
constitutional-legal (legislative)- political form of
the Accord. This aspect must be reconsidered since it
has failed abysmally to address fulfill the objectives
of the National Accord in a true and accurate manner.
It has in fact a dangerous threat to its very foundations.”
Numerous are the proposals and projects – solutions
that have been proposed in Lebanon in an attempt to
build the state of Lebanon and bring to an end its internal
strife.
Antoine Najem, one of Lebanon's foremost intellectuals
and authorities on the composition of Lebanon's society
and who proposed a project – solution (formula)
along with a team of researchers are representative
of a large and wide section of Lebanese who considered
that federalism is a logical solution to the internal
strife gripping Lebanon.
In this article we will present briefly why federalism
forms the basis of a logical and achievable solution
according to the opinion of Antoine Najem and his fellow
intellectuals. The necessity for such a solution or
formula has developed as a result of the historical,
social and political experiences in Lebanon.
As a fundamental starting point Antoine Najem considers
that an object, rational and direct examination and
understanding of the nature of Lebanon's regime rather
than an ideological comparison is necessary. Such as
process will best highlight the real nature of the political
community and hence, forms the basis for the essential
and appropriate foundations that will allow for the
development of the Regime through its internal dynamism
and interaction
Antoine Najem begins by focusing on the reality of the
Lebanese experience and examines the solutions or formulas
adopted in the past and he regards these formulas, beginning
with the princedoms through the structural formula of
1943 and including the Ottoman ERA 'Motasarafiyeh',
as having failed to eliminate the enduring internal
problems because, in affect, these formulas ignored
these fundamental problems and the result of such blunders
were violent explosions leading to bloodbaths and wars
and whose consequences proved to be catastrophic, extinguishing
the coexistence between the various religious communities
and wrecking Lebanon's single and unified administration
and its existence and composition. In fact one of the
basic deficiencies in the political solutions offered
was disregard for the distinct features and privileges
of each of the communities within Lebanon when each
of these communities continues to insist on maintaining
and preserving their distinctive characteristics and
privileges be their ideological, political, institutional
and administrative and this also in light of the fact
that each community also insisted on emphasising and
highlighting these features at every opportunity. Therefore,
this ideological superficial façade met with
its ultimate destiny, crumbling because it attempting
to build a centralised system of government based upon
the myth that a unified single culture society exist
in Lebanon.
Lebanon today is faced with more than one possible alternative
for solving its internal problems:
1. Partitioning which will see community seek independence
from the other in a separate political Regime and geographic
existence.
2. Or the return of the spirit of 1943 structural formula
which means returning to the original starting point
of the problem and hence, a repetition of the internal
strife and violence.
3. Or the creation of a Federal Regime, an option which
the Lebanese have not yet experimented with genuinely
despite the fact that several indictors within the real
nature of Lebanon's society converge in that direction.
With these options before us and the repetition cycle
of violence and failed formulas and solutions indicted,
it appears that federalism is the best available option
open to us considering that the other options include
partitioning , domination by one group over another
and the perilous and violence ridden centralised Regime.
Federalism, even though it might not bring to a conclusion
the problems associated with the composition of the
administration and the differences between then religious
communities, it does however address the urgent needs
of the existing problem. And this is basically a recogition
officially and institutionally of the presence of two
Lebanese groups, each with their unique and distinctive
characteristics and values. This recognition must also
extend to allow these groups to freely organise and
arrange their presence and to develop it in an atmosphere
free or devoid of external interference. The fulfillment
of such terms will contribute positively and allow for
the relaxation of the relationship between the religious
communities because it will remove from the network
of this relationship the factor of political tension
and suspicious which is caused initially by the possibility
of one group having the opportunity to interfere and
intervene in the autonomous affairs of the other and
visa versa. Also removal will be the real danger or
potential danger facing the existence of all members
of each community, be this danger genuine or mythical
that a community feels threatens it identity or it uniqueness.
On the institutional front federalism presents a logical
response to the reality of the historical, social and
ideological aspects of the religious communities, thus
ending the prevailing divide in Lebanon between society
and state.
Federalism offers the better alternative and the more
stable of the solution for the establishment of ties
and a workable equation between the religious communities
and the state. The existing relationship depends on
relies upon an ideological format racked by problems
and conflict where each religious community projects
an impression of elitism and a superiority complex over
the other religious communities, and such a step up
leads to repeated cases of confrontation as well as
to a format where domination and assimilation are a
concern and each community feels it is imperative for
it to defend itself against domination and or assimilation,
hence, the ensuring outcome is that the state becomes
a stage for continuous conflict.
In relation to this area of concern, federalism reduces
friction and the level of confrontation relieving the
state to a large extent from these negative factors
by eliminating a number of the elements that trigger
conflict and explosive situations within it and upon
it.
Federalism presents a logical redress to the 1943 formula
beginning with the identification of the attributes
associated with the real nature of society. In other
words, federalism removes the contradictions existing
between the unifying 1943 National Accord and the Constitutional
and political Regime of the 1943 State, this by returning
the political and administrative institutions of their
rightful place by taking into consideration the real
nature of society.
By assuming such a line of thought additional experiences
of suffering can be avoided and appalling mistakes committed
in the approaches adopted will not be repeated. In fact,
the experiences of the existing situation present the
strongest justification and the most important reason
in the search for a new or alternative political regime.
Then, the problem associated with planning a new political
regime is not one of a technical rewriting of the Constitution
as occurred with the Taif Agreement and others of a
similar nature. The problem is, however, related to
the autonomous existence of each of the Christian and
Moslem communities and their desire and will to establish
a joint existence with the other and to develop this
existence mutually. From here then, a successful political
regime is one which is founded upon a will which unites
the citizens and upon institutions that will organise
this existence without denying the religious communities
their autonomous existence.
And in regards to the factors that justify and assist
in the creation of a federal regime in Lebanon, Antoine
Najem considers that the implementation of federalism
in Lebanon is conditional upon the availability of some
essential factors that justify the establishment of
a federal system and assist in its formation.
There is firstly the dual composition of the Lebanese
Society i.e the presence of two groups unique and distinctive
in their identities, cultures, history, regimes and
customs.
There is also the matter of each group populating various
geographic locations or enclaves which are limited in
number, and to a certain extent, the similarity between
the identity of the population in each geographic pocket
and the identity of the land is exact.
There also exists common interests and unbending and
non-compromisable convictions between the two groups
and these form the essential foundation and pre-condition
for establishing the state and political regime.
The most important of these interests – convictions:
the unanimous desire of the groups to establish the
state especially in regards to t he mutual interests
they hold in the relationship of coexistence and their
agreement upon the notion of organising this existence
politically as well as the agreement by both groups
to acknowledge the platform of privileges, equality
and freedom and its relevance to each group.
There are specific factors , undoubtedly, that must
be sufficiently present on the organisational front
such as founding principles which are considered vital
in order for this Regime to be realised and the most
important are:
1. The principle of sovereign autonomy for each group
i.e each group must have the authority to independently
self-determine its own affairs through a self governing
body that organises its own authorities and allocates
responsibilities and oversees the administration of
its group or community.
2. The principle of the structured sovereignty of the
State i.e each group has the benefit of an authority
that exercises sovereignty when dealing with a political
decision of the federal State, and if this decision
is opposed by the group then it can not be implemented
and likewise for a decision to be implemented, the participation
of the group in the decision making is absolutely essential
as a condition for the decision to be carried.
3. Duplication of the infrastructures of the institutions
of the State including the regional, the legislative,
executive, judicial and federal infrastructure.
4. The structured infrastructure of the federal institutions
is a reflection of the principle of structured sovereignty
where the group or community is represented by regarding
it as a single political entity within the legislative,
executive and federal institution.
5. A geographic division on the basis of areas dominated
or inhabitant predominantly by a particular religious
group, the organisational of the regional authorities
is achieved according to the geographic basis of these
areas.
The federal regime must take into considerations most
of the factors and conditions. Essential for the founding
of federal system from around the world with special
attention to be paid to some of the unique and distinctive
characteristic of the Lebanese reality.
Of these distinctive and unique characteristics, the
concerns of the Religious Community and its needs in
relation to the issues of existence, culture, education,
self-identify, personal status, financial needs, growth
and development. These are concerns that quite often
prevail over the demands required for co-existence and
extent beyond the boundaries of the political regime.
Also of concern the geographic mingling between the
religious communities within a number of areas in Lebanon
which resulted originally from Christian migration to
all parts of Lebanon their settlements in those geographic
locations and subsequent mixing with the Moslem- Sunnis,
Shittes, drupe-populations, the consequences of such
migration and intermingling are difficulties and challenges
associated with dividing the land geographically according
to concentrations of particular communities and organizing
the institutions and guarantees that protect the right
of the individual and group.
And on the obstacles that obstruct the founding of a
federal regime in Lebanon, Antoine Najem says:
The federal regime in Lebanon, from an objective point
of view, is the better of the systems available and
provides a solution to the existing confrontationalist
reality, however, implementing this regime will be resisted
by obstacles and faces stifling opposition. It is possible
to draw the boundaries of these difficulties and challenges
in the following manner:
1- The absence of a unanimous endorsement of this form
of regime i.e. those Christians in favor of the 1943
structural formula are still bargaining on the traditional
understanding of co-existence and its constitutional
and political in terpretation within a single unified
centralized state. The taif accord was translated into
constitutional changes and endorsed officially by the
President of the republic on 21 September 1990. And
with the Islamic community, the focus of their ideology
is based upon the concept of the single nature of Lebanese
society. This concept is expressed politically by the
concept of the centralized state that is built upon
the notion of the single nature of the land, the people,
and the institutions. For this reason they view the
proposal of the federal regime as being a proposal for
the partitioning and dismemberment of society and state
in Lebanon. Arab thought in general is wary of and does
not encourage the acceptance of thelogic of pluralism,
which, in essence, will obliterate the accepted notion
of a single natured and nationalistic Arab society from
its very roots. As a result of this logic Arabs continue
to confront the problem of assimilating minorities within
by resorting to military means as an accepted method
for resolving these issues or matters.
2- The current and continuous disputes existing within
inter-community relationships with a rose from deeply
rooted conflict around three fundamental matters of
contention and these actually form the basis of the
matters of common interest and would fall under the
jurisdiction of the federal authorities, and it is such
matters that require they be solved by all religious
communities participating in the regime through a unanimous
agreement.
The ' identity ' of Lebanon still provides the central
point of contention and dispute, despite the fact that
in accordance with the taif accord, the constitution
was altered to incorporate the view that Lebanon is
Arab in both its membership and identify. This matter
is centered around a fundamental subject: Will Lebanon
follow the direction desired by the Moslems and become
a permanent and inseparable member of the Arab world
or will Lebanon retain a special and unique existence
that is distinctive from its surrounds as how the Christians
would like to see Lebanon? Branching from this dispute
are other disputes, several in number and also very
basic.
The subject of Lebanon's foreign relationships and ties
is linked fundamentally to the problem of determining
its identity. This subject assumes a specially contentious
issue because of the presence of Israel in a land considered
by the Islamic Arabs world as being Arab and Islamic
land and, because this presence also places upon Lebanon
the burden of assuming a direct and clear stance on
the issue. The Lebanese themselves are divided over
the issue of hostility and opposition to the Israeli
existence and or whether a truce with Israel should
be considered or even if relations with Israel should
be established. Another problem issue is centered around
defining the type of relationship to be established
between the Lebanese state and the Islamic Arabs world.
The Moslems of Lebanon are pushing for substantial and
unrestricted ties, which will gradually lead to Lebanon
being absorbed into a constitutionally comprehensive
single unified Arab entity. The Christians, however,
are cautious of committing to such a relationship, which
goes beyond establishing normal relations with other
states on the basis of sovereignty, freedom, and independence,
as stated in the Arab league accord.
Disagreement also exists over the issue of national
defense from the point of view of determining defense
policies and deciding upon the fighting doctrine of
the army. Before deciding upon or determining the guidelines
of such an issue the matter of Lebanon's foreign relations
must be settled especially the relations with the neighborly
regional powers. But it appears that this matter is
far from being settled in the near future at least,
especially in the shadow of the existing internal division,
and regional tensions and confrontation on Lebanese
Territory.
3- One must recognize the connection or link between
the internal situation in Lebanon and the regional and
international political developments and the effects
of this connection upon this internal situation in terms
of stability or fragility in relations to the balance
of power, or the effects of this link on either entrenching
and expanding the conflicts and disputes or promoting
the search for constitutional solutions formulas and
structures. This connection (with the outside) of today
has been a common factor ever since the rule of prince
Bashir 2, at least.
This regional tension reflected upon the internal situation
in Lebanon and impacted negatively and, hence, all attempts
at working out political and constitutional solutions
failed abysmally in Lebanon beginning with the proposed
constitutional document drafted in 1976 to the taif
accord in 1989 including all the proposals and projects
that promised solutions between these two dates.
All these matters confirm to us that in order for any
political regime to succeed in Lebanon-whatever form
it takes-two factors need to be available or accessible.
The first factor necessary is one of an internal nature
communities, one which is frank, direct, clear and free
in an in an atmosphere devoid of any pressure and intimidation
and the second factor, foreign, is conditional upon
limiting the reflection of the effects of foreign conflicts
upon Lebanon and limiting foreign intervention and its
effects upon the balance of power domestically and in
fact, prevent its influence altogether upon the domestic
situation if possible.
Federalism, as we have observed, can fulfil this task
and can to a large extent, contributes to solving the
internal facet of strife and conflict between the religious
communities. Awaiting a satisfactory solution is the
external aspects i.e. the limiting or restricting of
foreign intervention in Lebanon's internal affairs.
In this field of concern, the possibility of isolating
the external factor and eliminating its effect upon
the interior is far from achievable at this point of
time especially in the shadow of the current foreign
political circumstances and the approaches adopted by
this foreign factor. The reason for the existence of
this influencing and interfering foreign factor is Lebanon's
common borders with Israel and Syria and their claims
to ritual interest including strategize and political
extensions to their concerns in the Lebanese interior,
and the effective involvement of both these states in
the international political scene. Also another influencing
reason is the state of strife and conflict between the
Lebanese religious communities, which places at the
forefront of importance in the relationship between
these communities the factor of military and political
force. These religious communities consider that their
alliances with external forces form the basis of very
important element in determining the extent and influence
of this force (military and political), and its effectiveness.
This fact invites foreign interference and renders it
vital to the interest of the religious communities who
readily this request this intervention on their behalf
in their internal conflicts.
For this reason the absolute necessity for a regional
international agreement arises. This will guarantee
Lebanon's independence and internationally recognized
borders as well as its internal framework in all its
human elements through a Federal Regime. Lebanon must
be allowed to assume a permanent Internationally neutral
role. This neutrality, however, must be initially accepted
internally.
Neutrality will effectually disengage Lebanon from the
existing circle of strategically influenced hostilities
and conflicts in the Middle East. This increases the
hope of establishing a stable regime based upon a stabilized
balance of power and the basis of such a concept is
dependent upon the various factions accepting the fact
they cannot or are incapable of destabilizing and subverting
such a regime, hence, they will be spared the ramifications
of the negative political impact upon any faction that
may consider moving in this direction.
It is true that neutrality will not eliminate the spirit
of disagreement and conflict present between the Lebanese
factions, however it will reduce the visible effects
of this predicament to a minimum and such disputes will
be restricted to the political and the ideological level
within the bounds of the media. This will allow for
an extended and lengthy cessation to the successive
rounds of violence dogging Lebanon.
An internationally neutral Lebanon does not necessarily
mean that the Lebanese religious communities have to
abandon their basis conviction and beliefs, and their
political ideologies. In fact neutrality is only intended
to compel communities into forsaking any intentions
they have of imposing their convictions and beliefs
upon the other, and to render them incapable of carrying
out such intentions.
So, the federal regime and neutrality are two convergent
faces and in union provide the formula and the solution
to the Lebanese problem. But, the appropriate internal
as well as external circumstances are essential for
the success of any formula. A federal regime reduces
friction between the religious communities at the constitutional
level will, however, remain without the required and
desired results unless it is accompanied by measures
to prevent these frictions on the ground in real life
situation. These preventative measures have an internal
psychological facet represented by the need for all
the factions to be convinced that in the event of violent
confrontation they will not be able to gain any advantage
politically or otherwise, if indeed they attempt to
take advantage of a negative situation. The same psychological
implications are mirrored upon the external front where
foreign forces or elements refrain from promoting internal
conflict, i.e. cease investing their resources for the
purpose of instigating and maintaining internal divisions
that only serve their purposes, and to stop utilizing
these resources for increasing the capabilities of the
internal factions and giving them false hopes which
only encourages them to depart from the balance existing
between them.
Finally, such a document requires a careful and concentrated
examination. An objective approach is compulsory not
a subjective one based upon past judgements and mythical
ideological attitudes. Antoine Najem sums up the feeling
of those who promote this document in his statement:
" we are federalists because we believe in freedom
with all its ramifications and significance.
Because we support a system which identifies with the
truest form of democracy and its features and demands
development and growth, equality, justice, co-existence
in a pluralist and diverse society. Only because we
value humanity."
Taken from Lebanese-Forces.org
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