There has recently been a great deal of controversy
in Lebanon over the next presidential elections,
which should take place at the end of the coming
summer. The pro-Syrian, pro-Iranian opposition is
playing constitutional acrobatics to prevent the
elections from taking place since they do not
control the necessary votes in parliament to impose
yet another Syrian stooge as Lebanon’s president. If
they can’t impose a Syrian crony, they would try to
create a power vacuum by preventing the elections
altogether.
Since there remain 70 living pro-sovereignty
parliamentarians, out of a parliament of 128
deputies (members of parliament), after the
assassination of members of parliament Gebran
Tueini and Pierre Gemayyel, the opposition claims
that the required quorum is two thirds of the
members of parliament (86 deputies). However,
Article 34 of the Lebanese Constitution clearly
states:
“Article 34 [Quorum]
The Chamber is not validly constituted unless the
majority of the total membership is present.
Decisions are to be taken by a majority vote.
Should the votes be equal, the question under
consideration is deemed rejected”.
The only exception to this general rule applies to
parliamentary sessions that are convened to
consider a constitutional amendment. In that case,
according to Article 79.1 stipulates that
two-thirds of the members of parliament would
constitute a quorum:
“Article 79 [Majority, Promulgation]
(1) When a draft law dealing with a constitutional
amendment is submitted to the Chamber, it cannot
discuss it or vote upon it except when a majority
of two thirds of the members lawfully composing
the Chamber are present. Voting is by the same
majority”.
If the authors of the Constitution intended to
make another exception to the general rule and to
require a two-thirds quorum to elect a president,
a separate article would have been included that
would have stipulated the same, just like they did
for parliamentary sessions that are convened to
consider a constitutional amendment.
Article 49.2 of the Constitution stipulates the
following regarding the election of a new
president:
“Article 49 [Presidential Powers]
(2) The President of the Republic shall be elected
by secret ballot and by a two thirds majority of
the Chamber of Deputies. After a first ballot, an
absolute majority shall be sufficient. The
President's term is for six years. He may not be
re-elected until six years after the expiration of
his last mandate. No one may be elected to the
Presidency of the Republic unless he fulfills the
conditions of eligibility for the Chamber of
Deputies”.
Pro-Syrian loyalists intentionally confuse the
required two thirds majority required to elect a
president in the first ballot with the required
number of deputies required to constitute a quorum
for a parliamentary session to elect the
president. Should they boycott the parliamentary
session that would elect a president, the
pro-sovereignty majority, which represents the
simple majority stipulated in Article 34 of the
Constitution, would fall short of the two thirds
they incorrectly and maliciously allege to be
necessary to constitute a quorum. The end result
would be a power vacuum. Lebanon would have no
president upon the expiration of the current
President’s extended term.
Parliament is currently held hostage by the
pro-Syrian, pro-Iranian opposition. In a breach of
the Constitution, its pro-Syrian, pro-Iranian
Speaker has refused to convene the parliament for
the last five months. By his refusal to convene
it, he has marginalized the parliament and created
a void in the legislative branch. By claiming that
it takes two thirds of the members of parliament
to constitute a quorum, he hopes to also hold the
Presidency hostage and thus precipitate
significant political chaos in Lebanon’s
constitutional institutions.
© 2007
Lebanese Information Center – www.licus.org
