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THE
TAEF AGREEMENT
Members of Parliament met in Taef, Saudi Arabia, in September
1989 and reached agreement on political reform, the ending of the
war in Lebanon, the establishment of special relations between
Lebanon and Syria, and a framework for the beginning of Syrian
withdrawal from Lebanon. General Aoun, head of the government at the
time, rejected the Agreement. His main objection to it was that
Syria had not committed itself either to rapid or complete
withdrawal from Lebanon. To the contrary, Syrian forces were to stay
in place for a full two years, ostensibly "assisting the Lebanese
government extend its authority." After that, Syrian forces were to
be redeployed only as far as the Beqaa valley. The Agreement gave no
timetable for any further Syrian withdrawal, merely stipulating that
"such withdrawals would be negotiated at the appropriate time by the
governments of Lebanon and Syria." Furthermore, Aoun charged that
the political reforms were unacceptable because they simply shifted
power from the office of the President to that of the Prime Minister
without solving any fundamental political problems. General Aoun
issued a Decree dissolving Parliament before the Parliament could
meet, elect a new President, and enact the Agreement into law.
The Parliament, however, ignored him, passed the agreement on
November 4, and went ahead to elect Deputy Rene Muawwad to the
Presidency on November 5.
THE TAIF AGREEMENT
First, General Principles and Reforms:
I. General Principles:
A. Lebanon is a sovereign, free, and independent country and a
final homeland for all its citizens.
B. Lebanon is Arab in belonging and identity. It is an active and
founding member of the Arab League and is committed to the league's
charter. It is an active and founding member of the United Nations
Organization and is committed to its charters. Lebanon is a member
of the nonaligned movement. The state of Lebanon shall embody these
principles in all areas and spheres, without exception.
C. Lebanon is a democratic parliamentary republic founded on
respect for public liberties, especially the freedom of expression
and belief, on social justice, and on equality in rights and duties
among all citizens, without discrimination or preference.
D. The people are the source of authority. They are sovreign and
they shall exercise their sovreignty through the constitutional
institutions.
E. The economic system is a free system that guarantees
individual initiative and private ownership.
F. Culturally, socially, and economically-balanced development is
a mainstay of the state's unity and of the system's stability.
G. Efforts (will be made) to achieve comprehensive social justice
through fiscal, economic, and social reform.
H. Lebanon's soil is united and it belongs to all the Lebanese.
Every Lebanese is entitled to live in and enjoy any part of the
country under the supremacy of the law. The people may not be
categorized on the basis of any affiliation whatsoever and there
shall be no fragmentation, no partition, and no repatriation [of
Palestinians in Lebanon].
I. No authority violating the common co-existance charter shall
be legitimate
II. Political Reforms
A. Chamber of Deputies: The Chamber of Deputies is the
legislative authority which exercises full control over government
policy and activities.
1. The Chamber spokesman and his deputy shall be elected for the
duration of the chamber's term.
2. In the first session, two years after it elects its speaker
and deputy speaker, the chamber my vote only once to withdraw
confidence from its speaker or deputy speaker with a 2/3 majority of
its members and in accordance with a petition submitted by at least
10 deputies. In case confidence is withdrawn, the chamber shall
convene immediately to fill the vacant post.
3. No urgent bill presented to the Chamber of Deputies may be
issued unless it is included in the agenda of a public session and
read in such a session, and unless the grace period stipulated by
the constitution passes without a resolution on such a bill with the
approval of the cabinet.
4. The electoral district shall be the governorate.
5. Until the Chamber of Deputies passes an election law free of
secterian restriction, the parliamentary seats shall be divided
according to the following bases:
a. Equally between Christians and Muslims.
b. Proportionately between the denominations of each sect.
c. Proportionately between the districts.
6. The number of members of the Chamber of Deputies shall be
increased to 108, shared equally between Christians and Muslims. As
for the districts created on the basis of this document and the
districts whose seats became vacant prior to the proclamation of
this document, their seats shall be filled only once on an emergency
basis through appointment by the national accord government that is
planned to be formed.
7. With the election of the first Chamber of Deputies on a
national, not secterian, basis, a senate shall be formed and all the
spiritual families shall be represented in it. The senate powers
shall be confined to crucial issues.
B. President of Republic: The president of republic is the head
of the state and a symbol of the country's unity. He shall
contribute to enhancing the constitution and to preserving Lebanon's
independence, unity, and territorial integrity in accordance with
the provisions of the constitution. He is the supreme commander of
the armed forces which are subject to the power of the cabinet. The
president shall exercise the following powers:
1. Head the cabinet [meeting] whenever he wishes, but without
voting.
2. Head the Supreme Defense Council.
3. Issues decrees and demand their publication. He shall also be
entitled to ask the cabinet to reconsider any resolution it makes
within 15 days of the date of depostion of the resolution with the
presidential office. Should the cabinet insist on the adopted
resolution, or should the grace period pass without issuing and
returning the decree, the decree of the resolution shall be valid
and must be published.
4. Promulgate laws in accordance with the grace period stipulated
by the constitution and demand their publication upon ratification
by the Chamber of Deputies. After notifying the cabinet, the
president may also request reexamination of the laws within the
grace periods provided by the constitution, and in accordance with
the articles of the constitution. In case the laws are not issued or
returned before the end of the grace periods, they shall be valid by
law and they must be published.
5. Refer the bills presented to him by the Chamber of Deputies.
6. Name the prime minister-designate in consultation with the
Chamber of Deputies speaker on the basis of binding parliamentary
consultation, the outcome of which the president shall officially
familiarize the speaker on.
7. Issue the decree appointing the prime minister independently.
8. On agreement with the prime minister, issue the decree forming
the cabinet.
9. Issue decrees accepting the resignation of the cabinet or of
cabinet ministers and decrees relieving them from their duties.
10. Appoint ambassadors, accept the accreditation of ambassadors,
and award state medals by decree.
11. On agreement with the prime minister, negotiate on the
conclusion and signing of international treaties which shall become
valid only upon approval by the cabinet. The cabinet shall
familiariaze the Chamber of Deputies with such treaties when the
country's interest and state safety make such familiarization
possible. As for treaties involving conditions concerning state
finances, trade treaties, and other treaties which may not be
abrogated annually, they may not be concluded without Chamber of
Deputies' approval.
12. When the need arises, address messages to the Chamber of
Deputies.
13. On agreement with the prime minister, summon the Chamber of
Deputies to hold special sessions by decree.
14. The president of the republic is entitled to present to the
cabinet any urgent issue beyond the agenda.
15. On agreement with the prime minister, call the cabinet to
hold a special session whenever he deems it necessary.
16. Grant special pardon by decree.
17. In the performance of his duty, the president shall not be
liable unless he violates the constitution or commits high treason.
C. Prime Minister: The prime minister is the head of the
government. He represents it and speaks in its name. He is
responsible for implementing the general policy drafted by the
cabinet. The prime minister shall exercise the following powers:
1. Head the cabinet.
2. Hold parliamentary consultations to form the cabinet and
co-sign with the president the decree forming it. The cabinet shall
submit its cabinet statement to the Chamber of Deputies for a vote
of confidence within 30 days [of its formation]. The cabinet may not
exercise its powers before gaining the confidence, after its
resignation, or when it is considered retired, except within the
narrow sense of disposing of affairs.
3. Present the government's general policy to the Chamber of
Deputies.
4. Sign all decrees, except for decrees naming the prime minister
and decrees accepting cabinet resignation or considering it retired.
5. Sign the decree calling for a special session and decrees
issuing laws and requesting the reexamination of laws.
6. Summon the cabinet to meet, draft its agenda, familiarize the
president of the republic in advance with the issues included in the
agenda and with the urgent issues to be discussed, and sign the
usual session minutes.
7. Observe the activities of the public departments and
institutions, coordinate between the ministers, and issue general
instructions to ensure the smooth progress of work.
8. Hold working sessions with the state agencies concerned in the
presence of the minister concerned.
9. By law, act as the Supreme Defense Council's deputy chairman.
D. Cabinet:
[ No item 1. as published ]
2. Watch over the implementation of laws and regulations and
supervise the activities of all the state agencies without
exception, including the civilian, military, and security
departments and institutions.
3. The cabinet is the authority which controls the armed forces.
4. Appoint, dismiss, and accept the resignation of state
employees in accordance with the law. 5. It has the right to
dissolve the Chamber of Deputies at the request of the president of
the republic if the chamber refuses to meet throughout an ordinary
or a special session lasting no less than one month, even though it
is summoned twice consecutively, or if the chamber sends back the
budget in its entirety with the purpose of paralyzing the
government. This right may not be exercised again for the same
reasons which called for dissolving the chamber in the first
instance.
6. When the president of the republic is present, he heads
cabinet sessions. The cabinet shall meet periodically at special
headquarters. The legal quorum for a cabinet meeting is 2/3 the
cabinet members. The cabinet shall adopt its resolutions by consent.
If impossible, then by vote. The resolutions shall be adopted by a
majority of the members present. As for major issues, they require
the approval of 2/3 the cabinet members. The following shall be
considered major issues: The state of emergency and it abolition,
war and peace, general mobilization, international agreements and
treaties, the state's general budget, comprehensive and long-term
development plans, the appointment of top-level civil servants or
their equivalent, reexamination of the administrative division,
dissolving the Chamber of Deputies, the election law, the
citizenship law, the personal status laws, and the dismissal of
cabinet ministers.
E. Minister: The minister's powers shall be reinforced in a
manner compatible with the government's general policiy and with the
principle of collective responsibility. A minister shall not be
relieved from his position unless by cabinet decree or unless the
Chamber of Deputies withraws its confidence from him individually.
F. Cabinet Resignation, Considering Cabinet Retired, and
Dismissal of Ministers:
1. The cabinet shall be considered retired in the following
cases: a. If its chairman resigns.
b. If it looses more than 1/3 of its members as determined by the
decree forming it.
c. If its chairman dies.
d. At the beginning of a president's term.
e. At the beginning of the Chamber of Deputies' term.
f. When the Chamber of Deputies withdraws its confidence from it
on an initiative by the chamber itself and on the basis of a vote of
confidence.
2. A minister shall be relieved by a decree signed by the
president of the republic and the prime minister, with cabinet
approval.
3. When the cabinet resigns or is considered retired, the Chamber
of Deputies shall, by law, be considered to be convened in a special
session until a new cabinet is formed. A vote-of-confidence session
shall follow.
G. Abolition of Political Secterianism: Abolishing political
secterianism is a fundamental national objective. To achieve it, it
is required that efforts be made in accordance with a phased plan.
The Chamber of Deputies electedon the basis of equal sharing by
Christians and Muslims shall adopt the proper measures to achieve
this objective and to form a national council which is headed by the
president of the republic and which includes, in addition to the
prime minister and the Chamber of Deputies speaker, political,
intellectual, and social notables. The council's task will be to
examine and propose the means capable of abolishing sectarianism, to
present them to the Chamber of Deputies and the cabinet, and to
observe implementation of the phased plan. The following shall be
done in the interim period:
a. Abolish the sectarian representation base and rely on
capability and specialization in public jobs, the judiciary, the
military, security, public, and joint institutions, and in the
independent agencies in accordance with the dictates of national
accord, excluding the top-level jobs and equivalent jobs which shall
be shared equally by Christians and Muslims without allocating any
particular job to any sect.
b. Abolish the mention of sect and denomination on the identity
card.
III. Other Reforms:
A. Administrative Decentralism:
1. The State of Lebanon shall be a single and united state with a
strong central authority.
2. The powers of the governors and district administrative
officers shall be expanded and all state administartions shall be
represented in the administrative provinces at the highest level
possible so as to facilitate serving the citizens and meeting their
needs locally.
3. The administrative division shall be recognized in a manner
that emphasizes national fusion within the framework of preserving
common coexistance and unity of the soil, people, and institutions.
4. Expanded administrative decentralization shall be adopted at
the level of the smaller administrative units [ district and smaller
units ] through the election of a council, headed by the district
officer, in every district, to ensure local participation.
5. A comprehensive and unified development plan capable of
developing the provinces economically and socially shall be adopted
and the resources of the municipalities, unified municipalities, and
municipal unions shall be reinforced with the necessary financial
resources.
B. Courts:
[1] To guarantee that all officials and citizens are subject to
the supremacy of the law and to insure harmony between the action of
the legislative and executive authorities on the one hand, and the
givens of common coexistance and the basic rights of the Lebanese as
stipulated in the constitution on the other hand:
1. The higher council which is stipulated by the constitution and
whose task it is to try presidents and ministers shall be formed. A
special law on the rules of trial before this council shall be
promulgated.
2. A constitutional council shall be created to interpret the
constitution, to observe the constitutionality of the laws, and to
settle disputes and contests emanating from presidential and
parliamentary elections.
3. The following authorities shall be entitled to revise the
constitutional council in matters pertaining to interpreting the
constitution and observing the constitutionality of the laws:
a. The president of the republic. b. The Chamber of Deputies
speaker.
c. The prime minister.
d. A certain percentage of members of the Chamber of Deputies.
[2] To ensure the principle of harmony between religion and
state, the heads of the Lebanese sects may revise the constitutional
council in matters pertaining to:
1. Personal status affairs.
2. Freedom of religion and the practice of religious rites.
3. Freedom of religious education.
C. To ensure the judiciary's independence, a certain number of
the the Higher Judiciary Council shall be elected by the judiciary
body.
D. Parliamentary Election Law: Parliamentary elections shall be
held in accordance with a new law on the basis of provinces and in
the light of rules that guarantee common coexistance between the
Lebanese, and that ensure the sound and efficient political
representation of all the people's factions and generations. This
shall be done after reviewing the administrative division within the
context of unity of the people, the land, and the institutions.
E. Creation of a socioeconomic council for development: A
socioeconomic council shall be created to insure that
representatives of the various sectors participate in drafting the
state's socioeconomic policy and providing advice and proposals.
F. Education:
1. Education shall be provided to all and shall be made
obligatory for the elementary stage at least.
2. The freedom of education shall be emphasized in accordance
with general laws and regulations.
3. Private education shall be protected and state control over
private schools and textbooks shall be strengthened.
4. Official, vocational, and technological education shall be
reformed, strengthened, and developed in a manner that meets the
country's development and reconstruction needs. The conditions of
the Lebanese University shall be reformed and aid shall be provided
to the university, especially to its technical colleges.
5. The curricula shall be reviewed and developed in a manner that
strengthens national belonging, fusion, spiritual and cultural
openness, and that unifies textbooks on the subjects of history and
national education.
G. Information: All the information media shall be reorganized
under the canopy of the law and within the framework of responsible
liberties that serve the cautious tendencies and the objective of
ending the state of war.
Second, spreading the sovereignty of the State of Lebanon ovel
all Lebanese territories: Considering that all Lebanese factions
have agreed to the establishment of a strong state founded on the
basis of national accord, the national accord government shall draft
a detailed one-year plan whose objective is to spread the
sovereignty of the State of Lebanon over all Lebanese territories
gradually with the state's own forces. The broad lines of the plan
shall be as follows:
A. Disbanding of all Lebanese and non-Lebanese militias shall be
announced. The militias' weapons shall be delivered to the State of
Lebanon within a period of 6 months, beginning with the approval of
the national accord charter. The president of the republic shall be
elected. A national accord cabinet shall be formed, and the
political reforms shall be approved constitutionally.
B. The internal security forces shall be strengthened through:
1. Opening the door of voluntarism to all the Lebanese without
exception, beginning the training of volunteers centrally,
distributing the volunteers to the units in the governorates, and
subjecting them to organized periodic training courses.
2. Strengthening the security agency to insure control over the
entry and departure of individuals into and out of the country by
land, air, and sea.
C. Strengthening the armed forces:
1. The fundamental task of the armed forces is to defend the
homeland, and if necessary, protect public order when the danger
exceeds the capability of the internal security forces to deal with
such a danger on their own.
2. The armed forces shall be used to support the internal
security forces in preserving security under conditions determined
by the cabinet.
3. The armed forces shall be unified, prepared, and trained in
order that they may be able to shoulder their national
responsibilities in confronting Israeli aggression.
4. When the internal security forces become ready to assume their
security tasks, the armed forces shall return to their barracks.
5. The armed forces intelligence shall be reorganized to serve
military objectives exclusively.
D. The problem of the Lebanese evacuees shall be solved
fundamentally, and the right of every Lebanese evicted since 1975 to
return to the place from which he was evicted shall be established.
Legistlation to guarantee this right and to insure the means of
reconstruction shall be issued. Considering that the objective of
the State of Lebanon is to spread its authority over all the
Lebanese territories through its own forces, represented primarily
by the internal security forces, and in view of the fraternal
relations binding Syria to Lebanon, the Syrian forces shall
thankfully assist the forces of the legitimate Lebanese government
to spread the authority of the State of Lebanon within a set period
of no more than 2 years, beginning with ratification of the national
accord charter, election of the president of the republic, formation
of the national accord cabinet, and approval of the political
reforms constitutionally. At the end of this period, the two
governments -- the Syrian Government and the Lebanese National
Accord Government -- shall decide to redeploy the Syrian forces in
Al-Biq'a area from Dahr al-Baydar to the Hammana-al-Mudayrij-'Ayn
Darah line, and if necessary, at other points to be determined by a
joint Lebanese-Syrian military committee. An agreement shall also be
concluded by the two governments to determine the strength and
duration of the presence of Syrian forces in the above-mentioned
area and to define these forces' relationship with the Lebanese
state authorities where the forces exist. The Arab Tripartite
Committee is prepared to assist the two states, if they so wish, to
develop this agreement.
Third, liberating Lebanon from the Israeli occupation: Regaining
state authority over the territories extending to the
internationally-recognized Lebanese borders requires the following:
A. Efforts to implement resolution 425 and the other UN Security
Council resolutions calling for fully eliminating the Israeli
occupation.
B. Adherence to the truce agreement concluded on 23 March 1949.
C. Taking all the steps necessary to liberate all Lebanese
territories from the Israeli occupation, to spread state sovereignty
over all the territories, and to deploy the Lebanese army in the
border area adjacent to Israel; and making efforts to reinforce the
presence of the UN forces in South Lebanon to insure the Israeli
withdawl and to provide the opportunity for the return of security
and stability to the border area.
Fourth, Lebanese-Syrian Relations: Lebanon, with its Arab
identity, is tied to all the Arab countries by true fraternal
relations. Between Lebanon and Syria there is a special relationship
that derives its strength from the roots of blood relationships,
history, and joint fraternal interests. This is the concept on which
the two countries' coordination and cooperation is founded, and
which will be embodied by the agreements between the two countries
in all areas, in a manner that accomplishes the two fraternal
countries' interests within the framework of the sovereignty and
independence of each of them. Therefore, and because strengthening
the bases of security creates the climate needed to develop these
bonds, Lebanon should not be allowed to constitute a source of
threat to Syria's security, and Syria should not be allowed to
constitute a source of threat to Lebanon's security under any
circumstances. Consequently, Lebanon should not allow itself to
become a pathway or a base for any force, state, or organization
seeking to undermine its security or Syria's security. Syria, which
is eager for Lebanon's security, independence, and unity and for
harmony among its citizens, should not permit any act that poses a
threat to Lebanon's security, independence, and sovereignty.
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