Democratic Transitions and Constituent Processes: International and Arab Experiences in a Comparative Perspective

Monroe Hotel, December 13-14, 2013

Constitutional and Civil Support to the Current Arab Changes

What can be done to restore the memory of the Taef Agreement and to prevent the mechanism of repetition? What can be done to manage changes in Arab societies in the context of current developments following the emergence of the Arab street? The seminar organized by the Lebanese Association of Permanent Civil Peace and the Konrad-Adenauer Foundation on the topic: “Democratic transitions and constituent processes: International and Arab Experiences in a Comparative Perspective”, provides a methodological framework and a roadmap.

The problem arises today with great acuity because the situation is seriously affecting civil peace within societies threatened by internal dissent and external interferences (Issam Sleiman). This issue is raised by the fact that it is possible to prevent and limit the risks by building on the Lebanese multifaceted experience and by gaining international experiences.

The support of the Konrad Adenauer Foundation carries a message of primary importance especially that “Konrad Adenauer was a prominent figure that helped rebuild post-war Germany and establish democracy.” (Antoine Seif) The problem also arises because “the context, which is characterized by a high level of complexity and ambiguity, depends on internal and external factors.” (Carlos Daoud) The situations of Arab countries are, in many aspects, very similar and diversified. (Antoine Seif)

Ten favorable and unfavorable issues presented during the seminar on “Democratic Transitions and Constituent Processes” reveal the factors of strength and weakness in democratic transition.

Communications and discussions brought to light six perspectives, as well as applied and action research.

1. The Memory of Taef: it is considered ineffective to study the national reconciliation document inspired by the memory of Taef. Countless national negotiations and debates preceded this document. Today, Lebanon is not in a phase of democratic transition or of constitutional process. (Tony Atallah). The Taef accord was the result of hard work carried out behind the scenes that contributed to set up its basis; admitting this permits a better application of this agreement. (Bahije Tabbarah) We must also consider that significant documents have been produced over the years on the origins of the Lebanese Constitution of 1926 and of the Taef agreement . The preamble to the Constitution is as well the fruit of intensive debates and a historic experience confirming that Lebanon is a final homeland for all its citizens. (Khaled Kabbani, Béchara Menassa…) We shall, therefore, agree on the motto of the President Rachid Karami in 1976 when voices raised proclaiming the death of the pact of 1943: “we should strive to enhance the Pact, not to revoke it”. The impending danger comes from strategies set by foreign nations aiming at bringing back Lebanon to a founding era, which was already depleted and completed. There is an urgent need for struggling to carry on, “we cannot hide behind the cruel reality, and the parliament must bear its responsibility” (Edmond Rizk) “in order to avoid a vacuum.” (Daoud Sayegh)

Bringing back Lebanon to a founding era was considered “a conspiracy of which nobody could control the effects, an act of war that no one could stop, leading to federalism and ending the unified Lebanon, instead of going back to national reconciliation and to an ideal example of conviviality.” (Abbas Halabi)

The only clause imposed to the agreement was related to the withdrawal of the Syrian troops. A number of documents stated that President Hafez Assad personally “drafted the text”. Some mediators reported that this topic should be referred to him directly. The debates also stressed the importance of the insertion of the Human Rights Declaration within the preamble to the constitution and on the pioneering role of President Saeb Salam who raised the issue related to the time-limit to form a government.

The reviving memory shows that the Lebanese should undertake initiatives, avoid debates and reject any proposed amendment, “because the shortage lies in statesmen belonging to this country who should find their way in the Cedars Revolution dynamic, resist against those who control Lebanon and go back to the Pact and the Constitution.” (Edmond Rizk) The best Constitution is a regulatory framework that requires those in power to observe the rules “and the actors to play within their national geographical area and take measures in order to prevent spilling over the borders.” (Antoine Haddad)

2. Fundamental Principles and Authenticity: Constitutions, especially Preambles, should include fundamental principles drawn from international conventions and bear in mind that human rights are the foundations of human existence. (Khaled Kabbani, Richard Chambers UNDP, Elise Hassler…). Implementing rules of international principles vary according to the characteristics of each nation. The transition in Spain was considered “reformist, approved, and smooth” (Spanish Ambassador to Lebanon). It underlined the fact that “import did not supplant authenticity.” (Wassef Harakeh) Lebanon is actually facing a need to comply with the pact that should be seen as the living Constitution (Khaled Kabbani) and to recognize human rights (Saleh Tleis, Manar Zeaiter…).

Approaches adopted lacked comparative and scientific methods to classify the Lebanese pluralistic parliament. Recall of national dialogue in Lebanon revealed all efforts made to reconcile inter-communal balance between powers and separation of powers. Concerning the legal situation of women in Tunisia, the case showed that reconciliation of women’s rights and religion was achieved, and the debate was closed.

3. Safeguarding Arab Pluralistic Social Structures: One of the highest requirements of authenticity lies in safeguarding Arab pluralistic social structures threatened by Zionization defined as a correlation between geographical space and religious identity. Arab societies enjoyed a secular heritage of managing religious and cultural pluralism. This management was undermined by despotic regimes based on a narrow-minded concept of nationalism and integration. An Arab leader told once a Lebanese student: “we have confessionalism more than you, but we know how to repress it!”

What can be done to reconcile historical heritage and modern democratic management of pluralism? (Ali Ahmad Al-Dailmi, Ambassador of Yemen in Lebanon) Totalitarian thinking meets reality on the local level. Comparative experiences show that a national project does not succeed if it fails on the local scale. The Lebanese experience must be taken into account. (Antoine Seif) Article 108 of the amended Jordanian Constitution and the provisions related to personal statute constitute, for instance, a return to authenticity in the modernized Arab management of cultural and religious pluralism.

4. Rebuilding Society: Building democracy requires culture of inclusive democracy (Ashraf Hamdi, Ambassador of Egypt in Lebanon) and a network of relationships that shall not be based on power relationships, but on standards, “where no power for nobody but check and balance” (Peter Rimmelle, Resident Representative of the Konrad-Adenauer Foundation). We cannot build a democracy unless we have a vibrant society. (Milagros Hernando, Ambassador of Spain) On a social level, democratic transition implies the following perspectives:

• Promoting confidence instead of pessimism concerning the situation (Tony Atallah). Those who promote distrust are often journalists and university teachers who are not linked to society.
• A free, responsible and committed media that consolidates democracy.
• Strengthening citizenship through building a common national memory (Chafic Masri, Said Sanadiki…).
• National dialogues to help address and regulate disputes hidden and repressed by despotic regimes.
• Strengthening unions and professional organizations that point to vital and daily issues of the population (Ashraf Hamdi, Ambassador of Egypt in Lebanon).
• Distinction between mobilization driven by new social networks and clear-sighted, sober and engaged citizen participation.
• Denouncing manipulations of experts in confessional politics while we are bogged down in discussions on political confessionalism.

5. Civil Resistance to Anarchy: The post-dictatorship situation is characterized by an anarchy that shall be faced with civil resistance (Manar Zouayter). Are we witnessing, today, the end of intellectuals? Instead of encouraging the Arab movement, intellectuals delve into conventional, academic and pessimistic analyses, as if they did not have any role and a connection with society.

They argue that there is more than one Voltaire in the Arab World, but, unfortunately, it does not lead to voltairianism (Michel Samaha).

6. Constitutional Governance: How can the post-constituent phase be managed? Lebanon provides an example of bad management of the Taef post-agreement period. The example of post-constituent management, which shall be considered normative, is Spain.

The effectiveness of the law depends on five factors that may not fall within positive law: leadership, balance of power in society, the state of the judiciary, dominant political culture, administrative and financial capabilities. The best Constitution is nothing but a doctor’s prescription; it is not the remedy at all, which consists of following the prescription and using the medicine effectively and efficiently. Are we living according to the fundamental rights and are we respecting them? (Peter Rimmele) The dilemma in Lebanon does not lie in the text of the Constitution. We have relevant texts, but their implementation is somewhere else. Constitution is a method and a roadmap. (Khaled Kabbani) We need to “constitutionalize the republic” (Hatem Saëm, Ambassador of Tunisia) and strive for implementing the Constitution, avoid lapsing into legal inflation (Akl Akl), and supervise its application (Ashraf Hamdi, Ambassador of Egypt in Lebanon).

What happened after the Taef agreement? We witnessed an era of individualization, monopolization and subordination of management, concentration of the political game in the hands of four or five players (Abbas Halabi), and especially manipulation of the provisions of the Constitution so that it became an uncontrollable obstacle in the way of governance, unless it was referred to a Sublime Porte.

The constituent process shall strengthen constitutional justice for at least two reasons: any complicity between majority and minority to prevent the contestation of the constitutionality of legislation and any change that could influence the principle of separation of powers.

In addressing changes and authenticity, the seminar pointed to the importance of the Lebanese experience, in its negative and normative aspects, the wide range of comparative experiences and the requirement of a national awareness in order to re-establish institutions. The Lebanese should carry and protect their heritage and traditions (Abbas Halabi). It is possible to build a palace with the stones of Lebanon (Antoine Seif).

Doctor Issam Sleiman, President of the Constitutional Council, opened the seminar, with the participation of the Ambassadors of Spain, Egypt, Tunisia and Yemen, and Mr. Carsten Meyer-Wiefhausen, counsellor of the German Embassy, former ministers, President of the Beirut Bar Association represented by Doctor Paul Morcos, and over one hundred experts and social actors. Mr. Rabih Kais was the coordinator. Over twenty communications were presented. The proceedings of the seminar will be published as a book in March 2014, thanks to the support of the Konrad-Adenauer Foundation.