The way out is by putting the ball in parliament's court

Friday, Sep 11 2009

Three months after the appointment of the leader of the Future Movement, Mr. Saad Hariri, as PM designate is charge of forming the new government, it seems that he has demonstrated a flagrant disregard for the principle of consensus, the requirements for maintaining national unity and for the historical position of the Prime Minister as a unifying post. This shows that Saad Hariri has not attempted to get past this other than through 'marking' the opposition forces on the one hand and gaining more time on the other. He is doing this in the knowledge that the constitution provides for the PM designate to form the government with agreement with the President of the Republic, rather than for him to form it and then propose it to the President for agreement. So, is this behaviour a response to the President who took the initiative last week to hurry along the process of government formation prior to his trip to New York to participate in the General Assembly meetings of the United Nations? The President acted well when he launched his appeal in the presidential palace in the presence of various Lebanese parties who are in control of the country's reins, if not holding it in a stranglehold, to hurry up the process of forming the new government. This is particularly relevant given that some of those present have been at the helm of the internal conflict following the parliamentary elections and are back in power through these elections bringing back the destructive sectarian and confessional system which is so damaging to the Lebanese nation and its people. This is a response to the president who has so long emphasized the importance that the next government be one which has the confidence of the people and stated that he will only sign off on a government which has the consensus of the various parties! And what of the work of some individuals who, in order to manage the crisis for their personal interests, are waiting for the outcome of external developments, whether regional or international – as if the government is made up of their people only – as part of the global waiting game?

We are in a dangerous transitional stage awaiting the development of various issues. These include the Arab-Israeli settlement and the repercussions of the Iranian nuclear issues – indeed the appointment is tentatively scheduled for the decision of this issue; this may be in a few days or there may be a delay following Tehran's answers to the questions posed by the permanent members of the Security Council in addition to Germany. We also need to include here the development of the dialogue between Washington and Damascus with the ambitions of the Obama administration in a number of regional issues at the head of which is the Iraqi issue, as well as the renegotiation of the thorny relations between Syria and Israel. There is a link between the formation of the Lebanese government and the success or failure of the American-Syrian talks, with this issue being the most influential in the issue of the formation of the new Lebanese government. The ambitions of the new American administration include the Israeli government, whose army left Lebanon in defeat and which remains frustrated in its war on the Gaza strip during which is has been unable to advance one single step into the besieged Gaza strip. The mission of the American envoy to the region, George Mitchell, is faltering in its work for reaching a peaceful settlement in the region. In any case, the international community has its own interests, priorities, plans and interests in light of the dangerous global financial crisis and it is waiting for the internal Lebanese situation from the standpoint of these interests, while we the Lebanese people are the ones who are paying the price of this through our security, political, social and economic situation!

This behaviour by the PM designate under these regional and international circumstances and in this atmosphere will lead the Lebanese people to inevitable disaster. This is an unfortunate fact on everyone's lips. So what to do? Is there on the horizon something which will serve to dispel the concerns of the Lebanese people and bring some hope to their coming days? And is there a chance of avoiding this disaster? It is unacceptable for us to return to civil conflict on sectarian and confessional grounds. The danger lies in maintaining this situation and keeping the crisis on hold while waiting for various outcomes in this unstable area, which will only serve to keep the security issue hanging as a sword over people's heads, in addition to determining the fate of the crisis and thus the fate of the country and its people as a whole.

This international urgency was revealed in the statement of the High Commissioner for European Union Foreign Policy, Javier Solana, in Beirut during which he called on the Lebanese people to hurry along the formation of their government. This request is linked to issues such as the Arab-Israeli conflict and the issue of the Palestinian refugees for which Lebanon needs to be present through a real government and not just a caretaker government, for the communications and deliberations coming on the heels of President Obama's speech to the General Assembly of the United Nations Security Council.

If we go back to the constitution, then the formation of the government takes place through cooperation between the President and the person designated to form the government. This is based on Article 53 and its statement of the post of "PM designate" according which the President appoints the PM designate in consultation with the Speaker of the House on the basis of binding parliamentary consultations whose results are official. And so, the consultations will be an expression of a mature electoral process, which cannot be dismissed and is thus binding in its results in the same way as any other electoral process which came about following due process. These consultations end with the proclamation of the winner of the vote witnessed by the head of the Parliament to confirm the result. And so, the way out of the current crisis for president lies in putting the ball back into parliament's court. If the PM designate is unable to complete his task of forming the government and the time period stretches on in front of him, it is feasible for the president to turn to the parliament which had given the vote of confidence to this person who proved unable, over the course of three months, to complete his task? We may note that the PM designate gave the president the right of veto over this government.

Is it not enough that the constitution has been disregarded as well as the laws and powers of the Prime Ministerial role? Is it not enough that the constitution has been suspended for a time long enough so as to cause harm to the state in all areas under the banner that the constitutional text does not specify the time limit available for the formation of governments? Does constitutional rule not specify that the formation is the natural outcome of a consultative process between the president and the PM designate and in cooperation with the parliamentary blocs?

The PM designate once correctly stated that "the country is more important than all political directions” and he should follow this belief in his actions and with an acceptable level of responsibility particularly in light of the possibility of Israel launching a new war on Lebanon. We need to stop the flagrant disregard for and manipulation of the affairs, interests and feelings of the Lebanese people and the stirring up their feelings at every opportunity. If the obstacle is internal and the ability to form the government is present, then what is preventing ending this crisis in the right way particularly given that the boastful words do not remove the obstacles nor revoke the statements and speeches in this crisis?

Wasting time in empty talk without looking at the consequences of the the power vacuum on the state institutions, administrations and the various state sectors is criminal, particularly because none of the Lebanese people will benefit from regional and international mobility. Lebanese experience has shown that internal issues cannot be solved through arrogance of pressure. We thus feel that the PM designate Saad Hariri needs to review his father's old notes as these may help him get past the obstacles which block his initial steps towards governing and government formation.