Hizbullah and communal coexistence

First posted on Michael J. Totten's Middle East Journal, where I'll be guest-blogging. Feel free to comment here or there.

With Hizbullah reportedly planning “surprise” protests this week to topple the Siniora government, many, including Shias, are not surprised by how far the foreign-funded militia is prepared to take the country, and the Shia community, in what seems to be a political jihad against the state.

Masking Hizbullah’s “surprise” measures is a concern over the Lebanese constitution, which God’s self-appointed warriors claim to defend.

Following the Syrian-motivated resignation of two Hizbullah ministers and 4 of their allies, the argument du jour of the so called “opposition” is that the cabinet, a.k.a. council of ministers, has become unconstitutional because it violates a sentence in the preamble of the constitution. The sentence is:

There is no constitutional legitimacy for any authority which contradicts the 'pact of communal coexistence

The argument is, of course, rubbish. The cabinet has the confidence of parliament (which includes Hizbullah members), and only parliament, not a militia, decides on the constitutionality of the country’s legitimate authority.

What Hizbullah is doing sets a dangerous precedent in the country: a pseudo-political sectarian entity allied with a foreign wannabe-power is manipulating the system and refusing to recognize the authority of the state if the latter does not succumb to extraterritorial demands.

Furthermore, there is nothing in the constitution that says a cabinet cannot continue to govern after the resignation of less than a third of its cabinet members. In fact, and upon becoming a deputy or minister, cabinet members are considered representatives of the entire nation and “no restriction or stipulation may be imposed upon [their] mandate by [their] electors,” let alone the party to which they belong. 
In any case, the constitution was clear on when a cabinet is considered without power, i.e. “resigned”:

(1) The Government is considered resigned in the following circumstances:
a. if the Prime Minister resigns;
b. if it loses more than a third of the members specified in the Decree forming it;
c. if the Prime Minister dies;
d. at the beginning of the term of the President of the Republic;
e. at the beginning of the term of the Chamber of Deputies;
f. when it loses the confidence of the Chamber of Deputies based on the Chamber's initiative or based on the Council's initiative to gain the Chamber's confidence.
(2) Ministers are to be dismissed by a Decree signed by the President and the Prime Minister in accordance with Article 65 of the constitution.
(3) When the Council resigns or is considered resigned, the Chamber of Deputies is automatically considered in extraordinary session until a new Council has been formed and has gained the Chamber's confidence.

Hizbullah’s insistence that the cabinet has no authority is by itself an act of rebellion against the state. They have the right to argue for unconstitutionality-- but as long as this cabinet is around, they are forced to recognize its authority because it has not resigned. Promised acts of “civil disobedience” amount to treason, especially when the country is on the verge of economic collapse because of a devastating war started by none other than Hizbullah.

Ironically, Hizbullah continues to support the Syrian-imposed president, Emile Lahoud, whose term was extended under Syrian pressure by a reluctant pro-Syrian parliament. Lahoud could be an accomplice to the assassination of former Prime Minister Rafik Hariri in 2005, and was the head of the Lebanese-Syrian security regime, remnants of which continue to terrorize the country.

One should keep in mind that Hizbullah has never recognized the authority of the Lebanese government. Its ideology is such that even Hizbullah MPs and ministers do not feel obliged to answer to the prime minister, the president or any official body in the country. After all, they have their own civilian infrastructure, which although fills a gap in some areas, indoctrinates Lebanese citizens with foreign ideologies and uses them as shields in political and military “struggles”, a.k.a. jihad.

Finally, here are other excerpts from the preamble of the constitution that Hizbullah likes so much today, but doesn’t bother to read in its entirety.

a. Lebanon is a sovereign, free, and independent country. (Hizbullah enjoys Syrian and Iranian hegemony, as well as financial and military support)
b. Lebanon is … a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights. The Government shall embody these principles in all fields and areas without exception. (UNSC resolution 1701 requires Hizbullah to disarm)
d. The people are the source of authority and sovereignty; they shall exercise these powers through the constitutional institutions. (Not militias)
e. The political system is established on the principle of separation, balance, and cooperation amongst the various branches of Government. (Hizbullah should learn to “oppose” through the institutions and not using and abusing the institutions.)

And yes, this one:

j. There is no constitutional legitimacy for any authority which contradicts the 'pact of communal coexistence'.

It is not clear how Hizbullah, by hijacking an entire community and pitting it against the state's legitimate authority, is really working to safeguard communal coexistence. 

Comments

[Doha]

The worst part Abu Kais is that Hizbullah is giving out certificates in constitutionality, when their mere existence as an armed "party/militia" with thousands of rockets in its possession unwilling to disarm and straining the political process by taking strategic decisions of war and peace independent of the government, and maintaining a security apparatus of its own not working through the machinations of the state seem to me as very unconstitutional.

[e]

An Islamic party delving into the intricacies of a secular constitution? In my opinion this shows how limited their options are. They are not ready for internal or external confrontations because their base has not recovered from the July war and will not recover for quite a while. March 14 just need to keep calling their bluff.
e

[bad vilbel]

Nothing new here, unfortunately.

I'd have to argue about your "Sets a precedent" comment. This is not nearly the first time a Lebanese group has refused to recognized the state or its institutions. As a matter of fact, Lebanon's history, from past, to this very day, is littered with complete disregard for all state institutions (including the government, the parliament, the Army and every other state institution one could think of).

So it comes as no surprise whatsoever that Hizballah is the latest to simply decide, on their own, what is and isn't constitutional. The problem here, besides the immediate concerns, is the overall mentality in Lebanese politics, and unfortunately, among the Lebanese populace. As long as people at large continue to think it's ok for a group or political party to defy the state (or ignore it, as the case may be), we're not gonna be making any kind of progress towards Democracy. It's that simple.

Raja (of Lebanese Bloggers) made a post recently about Democracy starting with a strong state, capable of enforcing the rule of law (by use of force if necessary). Not only do I agree with that, but I'd add that no Democracy is possible as long as the people as a whole do not believe and respect the notion of a state. And sadly, no matter what they claim, the large majority of Lebanese do not believe in their state. Period.

[Jay]

I have a question: what is "the pact of communal coexistence". Has it been defined or written down somewhere?

Anyway, great post from Abu Kais. I'd like to add that the preamble, however, only applies if the ministers are indeed considered to be resigned. Siniora has not accepted the resignations, and consitution is a bit unclear as to what it takes for a cabinet member to resign:

Article 69 [Government Resignation]

(2) Ministers are to be dismissed by a Decree signed by the President and the Prime Minister in accordance with Article 65 of the constitution.

So, it looks like the resignation will require a decree signed by Siniora and Lahoud to be effective. Right?

[JoseyWales]

BV,

Please see my reply to you on Abu K's previous post.

[Amir from Tel Aviv]

I agree of course with bad vilbel on the state enforcing the rule of low.
This reminds me of this affair from 1948, that occurred in the begging of Israeli independence:

http://en.wikipedia.org/wiki/Altalena

Ben Gurion at that time realized that a sovereign state can't allow political armed forces operating along side the state, and was bold enough to confront the "Lechi" and "Etzel" resistance organizations, offering them to give up their weapons and join IDF under the state rule.
This confrontation cost the lives of some 20 Jews.

I cannot see a Lebanese Ben Gurion...
.

[Amir from Tel Aviv]

CONGRATULATIONS and JUBILATIONS !!!

Maybe the first ARAB democracy is emerging ; surprise surprise... in the smallest member of the Arab league, the little Mauritania..!!!
International observers and election monitoring organizations give them high marks for transparency and credibility.
Check this up:

http://news.bbc.co.uk/2/hi/africa/6155040.stm
.

[jihad]

give us a just, strong state not bent on becoming America's 52nd state after our theocratic Israeli neighbor, and we'll give you our rockets you whiney wretches...and amir, go find something better to do than bother us w/ your terribly facile and borderline idiotic ramblings.
again what remains least surprising about this blog is the consonance of positions across all commentators...pathetic indeed.

[Bruno]

Can someone in Beirut ring Hizbollah central casting and ask for Al Ghaliboon back? This Jihad fellow is no fun at all!

[Vulcan]

Jihad
Aspiring to become America's 52nd state sure beats the hell out of becoming Iran's little bitch.
for someone who needs khamenii or Fadlalla to tell him which hand to use when washing his ass I dont think you are entittled to call Israel theocratic.
now thats pathetic !!

[Charles Malik]

Excellent and intricate post, Abu Kais. Over the last few months, you've taken the Lebanese blogosphere to a whole new level.

Jay,

The National Pact was written down. It's not an official government document, but it's obviously something that is taken seriously in the Constitution. The content of the National Pact was initially provided through speeches given by, primarily, Bechara Khoury and Riad al-Solh. It was later codefied, but never accepted as an official piece of Legislation. However, other laws that drew from the National Pact were put in place.

The Taef Accord went much further in fully bringing to life sectarian concensus in Lebanon. Of course, it completely changed the Constitution and the structure of the Lebanese government. On this matter, Abu Kais will have to fill you in. I've always intentionally avoided discussions on Taef.

[Amir from Tel Aviv]

jihad,

I sense strong 'fubarian' style, the tortuous use of English and words only you understand.
So fubar, if it wasn't you (which I doubt..) I apologize dearly ; if it was indeed you, I like you anyway.
.