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Lebanon 2008

Dr Nayla Comair-Obeid*

Th e primary focus in 2008 was to conduct a dialogue of national con- ciliation that can ensure sustainable peace and prosperity for all, considering the great dissensions between the main two political factions within the country and the paramount importance of a successful national dialogue in all fi elds. On November 23, 2007, the extended term of President Emile Lahoud had ended, and President Lahoud vacated the Baabda presidential palace without having an elected successor. According to article 62 of the Constitution, the Council of Ministers, headed by H.E. Fouad Siniora, assumed the powers of the Presidency by delegation until the election of the new President in May 2008. Th e Parliament of the Lebanese Republic experienced an 18-month opera- tional hiatus between late 2006 and May 2008. Th e Council of the launched mediation eff orts and called for, among other matters, the election of the Commander in Chief of the Army, General Michel Sleiman, as the consensus candidate for President, the undertaking of discussions for the formation of the national unity government and, promptly following formation of the new gov- ernment, the adoption of a new law regulating parliamentary elections. On May 15, following negotiations initiated by an Arab ministerial committee established by the Arab League, an agreement was concluded in Beirut between the principal political factions regarding containment of the Lebanese crisis. Between May 16 and May 21, 2008, the Lebanese National Dialogue Con- ference, which was attended by the main political factions, was held in Doha, Qatar, under the sponsorship of the Emir of Qatar and the Arab League and the guidance of the Arab Ministerial Committee, paving the way to the “” concluded on May 21 and providing for the following: i. Th e election of General Michel Sleiman as President of the Republic. ii. Th e formation of a Government of 30 ministers, including 16 ministers representing the parliamentary majority, 11 ministers representing the opposition, enough to veto any cabinet decisions, thus meeting one of the opposition’s key demands, and three representing the President. iii. Th e adoption for the 2009 parliamentary elections of new smaller electoral constituencies, in conformity with the 1960 electoral law, yet with certain amendments.

* Professor of Law, Attorney at Law, Partner Obeid Law Firm, Trustee of the Chartered Institute of Arbitrators—Board of Trustees, Email: info@obeidlawfi rm.com 190 Dr Nayla Comair-Obeid iv. Further to the initial agreement reached in Beirut, the prohibition of the use of weapons or violence in any dispute, in order to ensure respect for the framework of the Lebanese political system and to restrict the security and military authority over Lebanese nationals and residents to the State alone, so as to ensure civil peace, implement the law and uphold the sovereignty of the State throughout the Lebanese territory; and v. Th e reassertion of the commitment of the Lebanese political factions to immediately abstain from resorting to the rhetoric of treason or political or sectarian incitement.

Th e Doha Agreement put an end to the 18 months-long political crisis. On May 25, General Michel Sleiman was elected as the 12th President of independent Lebanon, by an affi rmative vote of 118 out of Parliament’s 127 pres- ent members, following a six month vacancy in the position. As Commander in Chief of the Lebanese army, he had a reputation for political neutrality and competence, and was recognized by both parties as the only viable compromise candidate. His election took place at the fi rst meeting of Parliament following an 18 month inability to convene. On May 28, following mandatory parliamentary consultations, 68 members of Parliament nominated the incumbent Mr. Fouad Siniora as President of the Council of Ministers, and President Sleiman called him to form a national-unity Government. On July 11, a new Government was formed refl ecting the terms of the Doha Agreement, with 16 ministers representing the March 14 Coalition (which includes the , the Progressive Socialist Party, the Lebanese Forces and members of the former Qornet Shahwan Gathering), 11 ministers representing the March 8 Forces (which include Hizbollah, the and their allies) as well as the lead by General , and three ministers representing the President. On August 12, the Government obtained a vote of confi dence from Parlia- ment with a vote of 100 members in favor, out of 107 members present at the session, on the basis of the policy declaration submitted by the Government. Th e formation of a national unity government was an important step towards stability in Lebanon and gained international, regional and domestic support as the catalyst for permanent national reconciliation, political stability, peace and progress for Lebanon. Th e policy declaration included, among other provisions:

• An acknowledgment that the Government’s term is limited in light of the upcoming parliamentary elections. • Th e adoption of a new electoral law. • An acknowledgment of the right of the Lebanese Army and Resistance (i.e., Hizbollah) to liberate the , the Kfarshouba Hills and the Leba- nese part of Ghajar, and to defend Lebanon’s territory and territorial waters against enemies. • Th e establishment of good relations with Syria on the basis of mutual respect and the recognition of the independence and sovereignty of both countries.