64-6776

ISKANDAR, Adnan G., 1930- THE CIVIL SERVICE OF LEBANON.

The American University, Fh.D„, 1964 Political Science, public administration

University Microfilms, Inc., Ann Arbor, Michigan ...... :... ~..--: .. :

THE CIVIL SERVICE OF LfBABOW

by Adnarv Iskandar

Submitted to the

Faculty of the Graduate School

of The American University

in Partial Fulfillment of

the Requirements for the Degree

of

DOCTOR OF PHILO90PHT

In

PUBLIC ADMINISTRATION

Signature of Committee

Chairman i

Af-

J l .__

6 Datei £ a s i . t ? , ______Graduate Dean (7 AMERICAN UNIVERSITY

- A y . % ..

WASHiNcronac. * * A o z < 2 PREFACE

The author of this stuty is a graduate of the Arnerlean University of Beirut. In 195k, he joined the School of Government and public

Atteinistration at The American University, Washington, D. C., where he

completed his work for the Ph.D. degree. At present, he is a faculty member of the department of Political Studies and FHiblic Administration at the American University of Beirut, Lebanon.

The author vishes to acknowledge his deep gratitude to the members of his Dissertation Committee: Dr. Kerim K. Key, Chairman, Dr. Harry N.

Howard, Dr. Aldo L. Raffa, and Dr. Edgar S. Robinson, for their advice and assistance. He also wishes to thank Mrs. Virginia E* MacHale for typing the dissertation.

Needless to add, the responsibility for any errors or shortcomings

is entirely his. TABLE OF CONTESTS

PREFACE l i

CHAPTER

1. HISTORICAL BACBjROUHD...... 1

II. ESVmoiK£IITAL COHTEXT...... 28

III. QOVERMHEVTAL SYSTEM II LEBAJDI...... li6

IV, BUREAUCRATIC ORCMIZATIOI...... 72

V. EMPLOYMEMT PROCESS...... 86

VI. POSIT101 CLASSIFICATIDH AID OOMPEISATIOB 112

v i i . t r a h h g ...... iWi

VIII. EMPLOYEE OOSDUCT AID DISCIPLHE .... 169

IX. PERSONNEL MA.CHHEKY...... 189

X. OCWCIIJSIOI...... 208

BIHLKXKAPHY...... 220

CHAPTER I

HISTORICAL BACKGRDUMD

Qnc cuoot properly study end understand the basic features end characteristics of Lebanese acfeinl strut ive institutions and practices without reference to their historical roots. In Lebanon, as well as In other countries of the world, the administrative system cannot escape the heritage of the past which exerts a dominant influence in the shap­ ing of many of its institutions and procedures. In this chapter, we shall present a general description of the evolution of Lebanese governmental and administrative structures, hoping that this will throw soae light on the present situation.

The Ottoman Period

Lebanon has a long history dating back to the third millennium

B.C. when the Phoenicians established their famous cities along the

Mediterranean coastline.1 Since that day, the strategic location of the country as a link between East and Vest has attracted a variety of in- vaders, the Egyptians, Persians, Romans, Arabs, and Turks. At present, the population of the country forms a unique variety of ethnic and religious groups who are either descendants of these various invaders or of other minorities who have sought refuge in the rugged mountains of

Lebanon* The Moslem Arabs, who introduced Islam into Lebanon, have left

^Philip K. Hitti, Lebanon In History (London: Macmillan Company, 1957), p. 6. a deep imprint on the culture of the society, while the Christians, with their Western outlook and perspective, have, in their turn, left a dis­ tinctive aark on this sane culture.

In l5l6, the Ottoman Turks occupied Lebanon and ruled it until the year 1918. It is really at this point in history that Lebanon began to acquire and develop some of the governmental and administrative pro­ cedures which have continued in one fora or the other until the present

time.

From the standpoint of administration, the four hundred years of Turkish rule, from 1517 to 1918, served as an era of signifi­ cant consequence in the Levant. Within that tine taxation procedures were fixed, land titles and rights were recorded, and principles of local government and administration took on the respect and permanency of several centuries' existence. Heavy Turkish influence remains today in the courtesies, customs, and traditions of Lebanese government offices, and in the patterns of local govenment which a Turkish lav of 1857 recognised and established.2

The four centuries of Ottoman rule can be divided into three main stages for the purposes of this stucfy: the feudal period from 1516-101*0, the Qa1 jaagamatayn period from l81*l-l86l, and the Hitassarifiyah period from 1061 until the first World War.

Curing the years l5l6-101*0, although Lebanon was ruled directly by the sultan in Constantinople, it nevertheless enjoyed some measure of local autonomy. The main feature of this stage of Ottoman rule Is feudalism which permeated all aspects of Lebanese society and life. The

Sultan ruling Lebanon had to rely on local feudal lords who were often

2 George Grassmack and Kamel Salih I, A Manual of Lebanese Adminis­ tration (Beiruti Public Administration Department, Xmerican University of Beirut, 1955), p. 3- given * free band in governing the country provided they P»id taxes to him. These local rulers or Amirs, as they mere called, mere appointed by the Sultan; however, some of them succeeded in establishing their own

(tynasties and, in certain cases, almost achieved complete Independence from Constantinople. The most famous of these are Prince Fahhr Eddlne el Ha'nl whose rule lasted from 1590-1635, and Basheer Shehabl mho ruled from 1789 to 181*0.3

The Amir, or Prince, of Lebanon was the leader and chieftain of all feudal lords in the country. His rule mas absolute in domestic I affairs, and there was no constitution to define and limit his powers.

He was both the policy maker and chief executive. He appointed civil servants, imposed taxes, and administered justice. The system of tax collection used mas essentially that of the Manluks where the highest bidder was given a contract to collect taxes.^ The country, at that tine, lacked a regular court system and a code of lams. Judicial func­ tions were handled by feudal lords and religious leaders subject to the final judgment of the Amir mho had the final word in these matters. The chaotic state of affairs which characterised this period of Ottooan rule is aptly described by Haddad.

The corruption in the financial, judicial, and the whole administrative system and the indifference of the central authorities resulted in economic decline, negligence of

3lbid., p. 371-

^Philip Hittl, History of Syria (London* Macmillan Company, 1951) > p. 359, public works, and in poverty, ignorance and demoralization among the subjects of the empire.5

This situation continued until the year l8bl, When the weak rule of Amir Bashir Ash Shehabl helped to perpetuate corruption, Inefficiency and serious religious conflicts between the various cowajnities. The religious clashes between Maronites and Dorazcs prompted the Ottomans to suspend the rule of the Aalr and impose a new administrative system on the country* The Ottcmans were also becoming suspicious of the separa­ tist tendencies of some of the ruling Amirs in Lebanon and wanted to take the necessary steps to tighten their rule over the country.

The new system divided the country into two aiteinistrative regions i the lorth e m region, which was predominantly Christian, to be ruled by a Christian Qaleaqan; and the Southern region, predominantly

Druze, to be ruled by a Druze Qalaaqam. The two Qmlmaqams were respon­ sible to the Walts of Tripoli and Si don who were their link with the central government in Constantinople.

The Qalwaqam was the supreme governor in his region, and his powers were defined in an official document called the "instructions of

Shehib Effendi," dated October 31, l8U5.^ This document provided for the establishment of a Regional Administrative Council to assist the

Qmtmaqam in the exercise of his functions. This council was composed of

“’George H. Haddad, Fifty Years of Modern Syria and Lebanon (Beiruti Dar al-ffcyat, 1959J7pt™5?7

6lhmr samih Lababidi, "Public Personnel Administration in Lebanon." Unpublished Has ter Ts thesis (American University of Beirut, 1959)* p. 3. s twelve members chosen from the inhabitants of the region on the basis of their religious affiliation. The council enjoyed advisory powers only and had to help the Qaiwam* in both financial end Judicial affairs. It

Is during this period that the Ottomans gave Lebanon a local govcnmmat system whose patterns can still be seen in the aodern Lebanese systen.

It is worthy of note that the Ottomans themselves had borrowed this systen from nineteenth century France; and as a result, later French rule in

Lebanon did not completely do m y with the procedures Introduced by the

Ottomans.^

This period in the history of Lebanon, although narked by bloody and brutal sectarian conflicts which Impeded progress, can be credited with two major achievements. First, it weakened the feudal system which characterized the social system; and secondly, it laid down the seeds of

fi * ' popular participation in government.

The growing religious tensions and conflicts finally culminated in the savage massacres of i860, in which thousands of Christians were massacred by Druzes. This incident served as a pretext for foreign intervention by European powers who wanted to protect and save the lives of the Lebanese and to find seme sort of a solution for this complex problem. An international cemission representing England, France,

Austria, Rossi a, Prussia, and Turkey was sent to Lebanon in i860 and finally succeeded in drawing up an organic law which provided a new

Azrassmuck and salibi, op. ctt., p. 3>

®A. H* Hourani, Syria and Lebanon, A Political Essay (London: Oxford University Press/ 195U7,pp. 31-52*” system of government for the country.^ This organic law, Known as the

Protocol, at tempted to provide Lebanon with some Measure of internal

Independence and local national actainistration.

According to this Protocol, Lebanon was to be g a m m e d by a

Christian Hut as sari f appointed by the Ottomans after consultation with

the foreign powers. The Itatassarif was to be assisted by an Actalnistra-

tive Comic 11 composed of thirteen aenbers representing the various

geographic areas and religious communities. It is worthy of note that members of this council were to be elected by the people, although

indirectly.

For purposes of administration, Lebanon was divided into seven administrative divisions called Qadas, each to be administered by a

Qalmaqam appointed by the Itatassarif and responsible to him. Each of these Qadas was in turn subdivided into smaller districts called

Hudiriyyahs each to be administered by a Hudir appointed by the Qaima

4 Another significant contribution of the Protocol was the estab­ lishment of a new Judicial system with a hierarchy of courts for handling civil and criminal cases. This new system, however, left problems of personal status such as marriage and divorce, to the Juris­ diction of religious leaders, an arrangement which has continued until the present time.

9lbid., p. 32. In short, one can say that the Protocol of 1861 succeeded In 1 establishing the foundations of a relatively modem system of government and administration giving Lebanon a reasonably stable rule from 1861 until the outbreak of Vorld War I uhea the Protocol mas suspended and a new phase in Lebanese historical development started.

The French Mandate

After the First World War, Lebanon and Syria mere entrusted to

France as mandated territories. The agreement between Britain and France to partition among themselves the Turkish provinces in the Kiddle East mas concluded in the Sykes-Pi cot treaty of 1916. The new mandatory status of Syria and Lebanon mas approved by the Principal Allied Powers and had to conform to Article 22 of the League C o v e n a n t . T h i s article provided that,

Certain communities formerly belonging to the Turkish £1 9 ire have reached a stage of development where their existence as inde­ pendent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such tine as they are able to stand alone. The wishes of these communities most be a principal consideration in the selection of the Mandatory. H

This mandate was to be exercised under the supervision of the League

Council which acted through the Permanent Mandates Commission. It is evident from the above-quoted article that the Mandatory power was expected to render advice and assistance to the Mandated territory and

^Stephen H. Loagrigg, Syria and Lebanon under French Mandate (Londons Oxford university Press, 19^0), p. 109”

^Article 22 of the Covenant of the League of lotions, as cited by Longrigg In ibid., p. 37U- 6 not to rule it directly as an annexed area as actually happened In the case of 5/ria and Lebanon,

In 1920, France appointed its first High Commissioner for Syria

and Lebanon; and in August of this sane year, he proclaimed the State of

Greater Lebanon by annexing to what was previously known as 1ft, Lebanon

the new provinces of Tripoli, Sidon, Tyre, and Beirut. This was a most significant step In the history of Lebanon since these new territories were predominantly Moslem in their population, and their annexation to

the predominantly Christian Ht, Lebanon resulted in a new and somewhat precarious balance between these two major religious groups. The whole

life of Lebanon has been seriously affected by this sectarian problem whose Impact, especially in the realm of government and administration, will become more evident as we proceed in the study.

The new state of Greater Lebanon was divided Into four s an jags or administrative districts which were, in turn, subdivided into twelve smaller districts called qadas. Executive authority was vested in a

Governor who was appointed by the High Commissioner, the supreme representative of France in the aancbted states of Syria and Lebanon.

In 1922, the High Commissioner proceeded to establish a Representative

Council composed of thirty members representing, as usual, the various religious sects. The Council was responsible for discussing legislation relating to internal problems and to the budget. All actions and deci­ sions of the Council were subject to the approval of the High

Commissioner and could be revoked by him.^

12orassnuck and salibi, op. cit., p. I*. 9

In natters of acfcinistraticn, the French could not rely on well- qaalified and trained local officials since these were practically non­ existent. As a result, and by sheer necessity, the French had to resort to direct administration by French officials who were appointed to the various departments. The state services which existed at the time were those of interior, Finance, Justice, Public Works, Post and Telegraph,

Public Education and Fine Arts, Economics and Public Health. Final authority in each of these departments was in the hands of French ad­ visers who resorted to the French practice of highly centralised administration. What also contributed to this trend was the fact that during the early periods of the French Mandate, most of the French governors were military men who favored strong, centralised rule in order to avoid political disunity and instability.

In accordance with the terms of the Mandate, the French proceeded with the task of developing a constitution for Lebanon. This was drafted in France by a committee composed of Frenchman and was presented to the Representative Council for approval. After very brief discus­ sions in the Council and very slight and minor modifications in the

French prepared text, the Constitution was approved on Hay 23, 1?26j and the Republic of Lebanon officially came into existence.

The new constitution, which is still in force today with some modifications, provided for a parliamentary form of government with a bicameral legislature (later changed to a unicameral one) partly elected and partly appointed by the President and his Cabinet. The President of f the Republic exercised executive authority with the assistance of a 10 cabinet responsible to the legislature. The legislature elected the

President for a period of three years, which was later extended to six.

During the Mandate period, the Constitution was anended in 1927 and again in 1929. Both aaenctaents were intended to strengthen the powers of the President at the expense of the legislature. It sceas that the French were having difficulty working and cooperating with an elected chamber which represented the nationalistic sentiaents and feelings of the people. Maturally, they preferred to work through a single and powerful executive whoa they could easily control and nanlpu- late.

The proaulgation of the constitution did not, by any weans, transfer authority to the hands of the Lebanese. The High Coamissloner was still the supreme authority who could override the legislature, the

President and the Cabinet. In two instances, the High Commissioner by a L simple decision suspended the constitution. This occurred in 1932 when the legislature was on the verge of electing a Moslem to the Presidency and in 1939 after the outbreak of World War X I . In the administration itself, authority was mainly exercised by French officials with utter disregard to their Lebanese counterparts. Longrigg gives a good de­ scription of this situation in the following paragraph;

French influence— or compulsion was exercised . . . by the paramount power of the High Coatissloner and bis delegues in legislation, regulation, control, veto, and appointment: by the important departments of Government— notably those of the

^ibid., pp. 7*8. 11

Common Interests— directly administered under his orders j . . * by his sole control of the armed forces, and substantial Monopoly of higher technical and financial functions .... That the total machinery of mandatory control was excessive, and in a large taasure self-defeating, has been urged elsewhere in this work.lh

Before and after the prowlgatlon of the constitution, the French

took upon themselves the task of reforming the administrative machinery

and practices of the new state. They can proudly point to certain

achievements In the fields of public finance, personnel attain!strstion,

and Judicial administration.

In the field of public finance, some of the Ottoman tax practices,

such as tax-farming, were discontinued. The system of direct taxation

was made more uniform although the basic features of the earlier Ottcman

system jere retained. A new currency was introduced in the country, and

the Ministry of Finance was organized and given central control over the

expenditure of funds throughout the whole attain! strati on* One of the

main improvements over previous Ottoman procedures was implemented in

the customs administration which has always been a main source of income

for the Lebanese Government* In the field of personnel administration, the French, ms early ms

1925, had promulgated two arretes which laid the foundations of a civil

service system. Arretes Vo. 3021 of Kerch 7, 1925, and Bo. 3195 of July

6, 1925, attempted to regulate various aspects of personnel attaintstra-

tion such as appointments, promotions, discipline and discharge.1'* With

^oogrigg, 0£. cit., p. 260.

1%jtfeanese Ministry of Justice, Collection of laws (Beirut; A1 Jmmtajriyyah A1 Jadidah Press, 1928- 195UJ.

t 12

some slight Modifications, these two arretes continued until the year

1953, when they were replaced by a new personnel law.

One notable French shortcoming is the failure to train Lebanese

civil servants who could, in the fkture, assuae positions of responsi­ bility in an independent Lebanon. After the withdrawal of the French

from Lebanon, the country was faced with the problem of a shortage of

adequately trained administrative personnel. This was, and still is,

one of the important obstacles which has impeded progress in independent

Lebanon.

in the field of justice, the French nay be credited with some

iaportant achieveaents. They issued new judicial codes, reorganized the

judicial systen and established new courts; such as, the Courts of

Appeals and the Court of Cassation, in the year 192k, the French

introduced into Lebanon a Council of State which was patterned after its

French counterpart and which played an iaportant role in the Lebanese governmental systen.

French attempts at reform and improvement were brought to a halt by the outbreak of Vorld War 11 and the suspension of the constitution

in 1939. For a brief period of tine, the Mandatory Government be cane responsible to the Vichy government in France; however in 19lil, British and Free French troops occupied Lebanon. In order to secure the coop­ eration of the people and to enlist their support for the Allied cause,

Lebanon was promised Independence; and General Charles De Gaulle appointed General Georges Catroux as France's Delegate General in the

"independent sovereign state of Lebanon." in I9k3, the French permitted free elections in Lebanon in which the anti-French nationalist won a 13 majority. A new president, Beehara Al-Khoury m s elected; a cabinet m s formed by Riyad as-Sulh, one of the most popular end capable personali­ ties in Lebanon. In Bovember 19U3, the newly elected parliament under the leadership of President Al-Khoury and Premier as-Sulh amended the

Constitution and ended the Mandate over the country. The French reacted violently and arrested the President and most of the cabinet members.

This situation did not last for long; and with the interference of the

United States, Britain, and the Arab countries, the French retreated, released the prisoners, and recognized the independence of Lebanon.

The Independence Period

The independence won for Lebanon was at first only political since the French continued to maintain their troops in the country and to control certain departments of the public service. Full and complete independence was not achieved until 1?U6 when the French troops finally left the country.

During the early years of independence, the country found itself faced with a multitude of basic and fundamental problems which needed immediate attention and which diverted the efforts of the government from problems of administrative reform and improvement. Lebanon, like many other countries which achieved independence from foreign rule and domination, has sought this independence as an end in itself and as a panacea for all its manifold problems. But, no sooner had Lebanon von its independence, then it realised that this was really the beginning of a long and difficult career during which all kinds of problems and, responsibilities were thrust upon the shoulders of a new, inexperienced

and somewhat unstable government.

laterally, the first few years of independence were devoted to

the urgent problem of consolidating the internal unity of the country

which was and still constitutes today the most important problem of the

Lebanese. Actually, many people were skeptical about the possibility of

a politically viable and independent Lebanon when there was a notorious

lack of agreement among the different religious groups on the basic

problem of the continued existence of Lebanon as an independent politi­

cal entity. The Moslem elements in the country had visions and hopes of

incorporating Lebanon in a larger Arab state which would be predomi­ nantly Moslem. The Christian elements, on the other hand, especially the Maronltes, feeling suspicions of Moslem motives and desires for a larger

Arab state, tended to look to Western powers, especially France, for

protection and support.

Before independence, an attempt was made to settle this basic

difference in order to bolster the resistance to the French. As a result, an informal agreement, known as the VatIona1 pact, was reached

in 19U3j by the leaders of the various religious groups. The Moslem

groups promised to abandon their plans for a larger Arab state and to accept the independence of Lebanon as final, and the Christians agreed not to look to the Vest and France for support.

But no sooner was independence won then these sharp and basic rivalries among the Lebanese came to the surface and began to threaten the internal cohesiveness and unity of the country. It became evident that the Sational pact had aerely achieved a superficial unity during the struggle for independence, and it began to enable soon after the

French were driven out. This problem of disunity among the Lebanese has continued to plague the country, and it finally came to a climax in the events of 1956 which almost degenerated into a religious war among the major religious communities of Lebanon* Despite serious efforts and attempts by the government, this problem is far from being resolved today and will continue to tax the ingenuity of the Lebanese for some time to come. Actually, all other problems of Lebanon seem trivial when compared with this most basic and fundamental issue; and it seems some­ what ridiculous that the government should devote so mich effort to other minor problems of administrative reform, economic development, and vh»t not before resolving this primary problem of internal unity and concord.

In the external sphere independent Lebanon was called upon to cope with a score of regional and international problems vhich consti­ tuted a serious challenge for a young and inexperienced state. The complete evacuation of French troops, the formation of the Arab League, the economic rift with Syria, and finally, the Palestine War were prob­ lems which required the immediate and undivided attention of Lebanon over a period of several years. The repercussions of the Palestine issue alone and the chain reaction it has created in several Kiddle

Eastern countries shows the magnitude and seriousness of this problem.

Although its impact on Lebanon has not bceen as drastic as on other

Arab countries, the Palestine issue has continuously posed a most im­ portant and knotty problem for which no solution seems yet to be in sight* It is no wonder that a newly independent country like Lebanon, vhich suddenly found itself faced with such a variety of basic and fundamental issues in the internal and external sphere, should for seme time neglect problems of administrative reform and Improvement. However, this neglect of the administrative aspect of govermcnt could not con­ tinue for long. Since independence, the size and scope of governmental activities had been steadily growing in Lebanon. This was a post-war phenomenon which was true of many other countries of the world. The expansion of the Lebanese economy and the ensuing prosperity were thrusting new burdens and responsibilities on the bureaucracy. Between the years 19h3 and 1958, the number of government employees in Lebanon had grown from 5,696 to l5,92l*.^ There was a growing recognition and an awareness that the Lebanese administration was not well equipped or trained to deal with these functions and responsibilities. It was becoming evident that the bureaucracy, which served the country during the Mandate period, had to be reoriented to serve an independent Lebanon with new social, economic, and political needs.

During this same stage of development, Lebanon's administration was characterized by increasing inefficiency and corruption. There was widespread dissatisfaction among the people concerning the deterioration of affairs in the government and in the administration of the country.

This was one of the main reasons vhich led to the overthrow of the

l^Ralph E. Crow and Adnan Iskandar, "Administrative Reform in Lebanon, 1956-1959," International Review of Administrative sciences, Vol. XXVII, lo. 3, 1961, p. 295- 17 regime of President Bechara al-Khoury. The following paragraph by

George Britt gives s

.... He also used money, intimidation, the arts of diversion and compromise . . . all the tools of the resourceful boss . . . while his vast prestige made the techniques effective. The final result was something understandable to Americans by one simple vernacular phrase— Tammany Rule . . . .17

Following this peaceful revolution or "Rose-Water Revolution" as some have referred to it, Mr. Camille Chamoun was elected President of the

Republic in 1952; and with him starts a new phase in the administrative history and development of Lebanon*

President Chamoun made a serious attempt to improve the adminis­ trative machinery which he inherited from his predecessor and whose corruption and ineffectiveness have aroused so much papular resentment and criticism. Thus in 1952, the Cabinet was given special powers to 16 legislate fcy decrees for a period of six months. Through such a man­ date, the Cabinet was expected to revise most of the basic lavs in the areas of elections, municipal organisation, Judicial organisation, customs and tariffs, accounting and auditing, personnel administration, and several other important areas. Among other things, the Cabinet was also entrusted with the task of decentralizing the administration and reorganizing the ministries.

^George Britt, "Lebanon's Popular Revolution," Middle fast Journal, Vol. VII, Winter, 1953, pp. 1-17.

i8Crow and Iskandar, op. £it., p. 296.

19Ibld., p. 296. 18

At the end of the six month's period, the Cabinet had Issued approximately ninety legislative decrees vhich touched upon practically every major aspect of the public service. Among the more significant achievements of this reorganisation was the revision of accounting and auditing procedures and the creation of a Bureau of Accounting vhich today plays an iaportant role as the financial watchdog of the adminis­ tration, the issuing of a personnel law, the establishment of a Council of Economic Planning and Development, the change in the cadres and or- ganlzational structures of the various ministries.20

About a year later, the newly created Council of Economic Plan­ ning and Development was requested to make a comprehensive study of the needs of the country including those in the field of public administra­ tion. In one of its reports, the Council recommended the following three stepsi

(a) The recruitment of a foreign expert to make an overall and comprehensive study of the problems and needs of the Lebanese adminis­ tration and to recwnend possible Improvements;

(b) The creation of a central civil service board to take charge of all personnel matters;

(c) The creation of a public administration institute Which would assume responsibilities for training civil servants.

in accordance with these recommendations, the Cabinet of Hr. Sami as-Sulh called in Hr. Robert Culbertson of the Ford Foundation and

^°Ibid., p. 296. 19

requested him to conduct an extensive survey of the administrative machinery. The report, submitted in December 195b, pointed to many weaknesses in the system and suggested possible methods of improvements.

The report and recommendations of Mr. Culbertson will be discussed at

greater length in subsequent chapters of this study. However, it should

be pointed out that the government did not give serious attention to

this report and did not attempt to implement its recommendations. The only direct result of the report was the establishment of a Permanent Civil Service Council in the Prime Minister's Office which later proved

to be an utterly ineffective organ limited to a purely advisory capacity.

Although the Culbertson report did not result in any immediate

changes and improvemoits in the administration, it did help to focus attention on some of the important weaknesses, and thus contributed greatly to a growing awareness of the need for administrative reform, which finally culminated in the reform movement of 1958-1959. This was by far the most serious and ambitious attempt of its kind in the history of modern Lebanon.

The reform movement of 1958-195? came in the aftermath of the

1958 political crisis which brought the downfall of President Camille

Chamoun and the election of General Fuad Chehab as his successor. This political crisis, which brought about a near collapse of the political . and a

ing to civil war. It was this situation, together with that simple and obvious historical fact that the end of any major crisis provides a very favorable atmosphere for implementing drastic changes of any kind, which prompted the new regime of President Chehab to launch the reform attempt of 1958-1959.21

Thus, in December of 1953, the newly formed Cabinet was Invested by Parliament with wide emergency powers to legislate by decrees and to overhaul the entire administrative machinery of the state. To give an

idea of the scape of the contemplated reform, we cite below the tasks and responsibilities of the Central Committee for administrative Reform which was especially created for this purpose as outlined in Decree 193 of December 6, 1958.22

First - Duties and Responsibilities! To define the duties and responsibilities of each position and administrative unit, to redivide work and to re-assign authority in order to eliminate overlapping and conflict between various departments and to decentralize authority in order to relieve top officials of simple and routine tasks.

Second - Work Methods and Procedures: To simplify methods and procedures, to establish deadlines for completion of work transactions

21Ibid., pp. 297-298.

22Lebanese Ministry of Justice, The Official Gazette, Vol. 93, lo. 50, 1958, pp. 660-662. ~ 21

in the various departments, to decentralise authority in the fields, to

introduce Machinery and to improve filing and archives systeas.

Third - Controli To establish and insure continuous inspection

and control over all phases of work execution, to inpose stricter control

over independent boards and agencies, and to strengthen inspection in

all government departments.

Fourth - Personnel! To abolish all unnecessary Jobs, to elimi­

nate political and other pressures, to establish a Rational Institute of

Administration for the preparation end training of government employees,

and to establish a Central Civil Service Board to take charge of all

personnel natters in the government.

These do not by any means represent all the responsibilities of

the Central C o s it tee for Acteinistrative Reform^ but are the ones which

relate directly to administrative natters. The grant of powers to the

Cabinet and the CCAR was so extensive as to include practically all

aspects of the public service and of the basic policy laws relating to

it. It is quite obvious that this was not an ordinary reform attempt

but a gigantic effort with more pervasive and coaprehensive goals than

has hitherto been attempted. For the completion of this ambitious task,

the Cabinet and the CCAR were given a period of six months during which

they were to complete their investigations and to issue new laws. This

was obviously a very short period of time for an undertaking of this kind,

and it Is definitely responsible for many weaknesses In some of the

hastily prepared studies and legislative decrees.

^^Hereinafter referred to as CCAR. At the end of the specified six month’s period, the Cabinet m s able to formulate a total of 162 legislative decrees, which related to all aspects of govemental policy and organisation and which, in certain instances, brought about some basic changes in the administrative pat­ tern. The most important changes were the reorganization of all ministries, the establishment of nev cadres, the establishment of a central Civil Service Council and of a lational Institute of Public

Administration, the establishment of a new Inspection Service and of an

Organization and Methods Office within it, the strengthening of the

Bureau of Accounts and a score of other administrative changes through­ out the whole public service. It is still early to assess and evaluate the impact of the 1958-

1959 reform on the functioning of the administrative machinery. Many of these changes have not yet been fully Implemented, and it will be some time before the results are fully evident, nevertheless, the achieve­ ments of this reform will be discussed in greater detail later as we proceed to examine the various aspects of the Lebanese administrative system. The significance of these reforms will become clearer in the light of such a detailed examination.

In trying to assess the Impact of historical development on the

Lebanese administration, one can single out the French Mandate as the most important factor which has affected the development of the govern­ mental and administrative machinery. The French tried to implement patterns of government and administration similar to those known in

France itself. They superimposed their system on the existing Ottoman 23 structure which itself was greatly affected by French continental practices.^1 Independent Lebanon has not changed to any significant extent the gonrnaentml and *dninist»ti-*« sysiea which it inherited froa France.

In fact, French influence is still strongly felt today, eighteen years after independence. The Majority of foreign experts and advisers in the government are French, and the Majority of our top government employees are French educated and trained, and have served the Mandatory power a long period of tine. The President of the Republic, who received his military education and training In France, has great admiration for French governmental institutions and has as his closest and most trusted adviser a Frenchman. In fact, it is often claimed that recruitment and selection procedures of the Lebanese civil service tend to favor French educated applicants.

It would he impossible to name all the various features of

Lebanese utfeinlstrative practices and behavior which are directly or in­ directly attributed to French tradition. One can easily point to a few basic ones which still characterise our administrative system today.

These, of course, will be discussed in greater detail in later chapters; a brief mention of few of them at this point will help to illustrate how the historical ffcetor has impinged on acklnistratlon in the Lebanese case.

^Crow and Iskander, op. cit., p. 293> One of the basic features of the Lebanese administration is the

high degree of centralisation which constitutes one of the nost serious

problems of our government. Decision-making authority is usually con­

centrated at the top of the administrative hierarchy, thus causing a

regrettable delay in the transaction of official business. Simple and

routine decisions, which should normally be made at low levels in the

administration, require the review and approval of the minister; and

some of them have to be resolved by the Council of Ministers. Directors

Generals, Ministers, and the Council of Ministers are over-burdened with

many details, thus leaving them no time for more important policy

decisions.

The French, who are primarily responsible for the shaping of the

organisational structure of our administration, should not be held

solely responsible for the problem of over-centralisation. It mist be

a (kitted that the authoritarian nature of our society, the lack of

qualified civil servants who can exercise delegated powers and some of

the personality traits of the Lebanese people in general have helped to

perpetuate this practice. The government today recognises the serious­

ness of this problem and has made some attempts to alleviate it, but to no avail.

Another important characteristic of the Lebanese ackinistration, which is to a great extent the result of a long-established Ottoman and

French heritage, is its "legalistic" orientation.

For the most part its attention and efforts have been limited to enforcing the law in the narrowest sense. Little attention, has been given to looking beyond the immediate act to the long n m purposes of the lev, to the development of s program, to the sociel objectives of the agency, or its relationships to other agencies of g m n a e o t and s o c i e t y . 25

Such an attitude has resulted In serious delays and obstructions, especially with regard to new development projects, badly needed in the country, and whose implementation was greatly retarded by the rigid and strict adherence to the letter of the law without much regard to the over-all consideration of stimulating and expediting administrative action.

Another carry-over from the Mandate period which has seriously affected the administration is the selection system, which has given the civil service a special character. This system was originally intro­ duced by the French and is based on certain principles and assumptions which are typically French and which have been applied in France for sometime. The French approach to the problem of recruiting and selecting personnel for the civil service stresses the academic and theoretical background and puts a high premium on educational qualifications. This is in marked contrast to the American approach where the main stress is on specialised practical training in a certain limited field. The French actairation for lawyers and for legal training as the best preparation for public service is manifested in the civil service where a large ramfrer of the civil servants are lawyers and where the law degree is a requirement for all top positions. The stress on a legal training

(taring the Mandate period was not only true to French tradition and

2?Ibid., p. 29U. 2 6 culture but also served a very practical purpose; namely, that of staffing the civil service vith French educated and oriented persons since the only institution in the country providing such training was the French Jesuit University.^ This definite bias in the composition of the civil service continues today, hut is the subject of vehement protest from certain Moslem groups because of the predouInant nuaber of

Christians among the graduates of the Jesuit university. Aside fro* the problea of the coapes it Ion of the civil service, the selection system and the philosophy inherited from the French has helped to attract persons who are well educated, either in lav or in other related fields, but who are not necessarily well equipped to handle the specific duties and responsibilities of the jobs which they occupy.

Finally, the Ottoman and French heritage have resulted in the aost important weakness for any civil service in a democratic system.

The Ottomans and the French never bothered to develop a responsible administration answerable and accountable to the people. The only responsibility which they desired and fostered is the responsibility of the civil servants to the Ottoman and French masters. They served these masters, not the people, and had to answer only to them. During the

Mandate, the French kept a very tight grip on the administration and made sure that it was serving their own schemes and interests.

^This monopoly on the teaching of law continued until 1953 when the Lebanese Academy established a School of Law which was later incor­ porated In the Lebanese University. Also in 1959, the Arab university initiated a course leading to a Licence of Law degree. 27 This lack of responsiveness of the civil servant to public wishes

and is still an important feature of the system in Lebanon,

Civil servants are arrogant and often insulting in their attitude toward

the people. They view thenselves as masters and not servants of the

people. The people, on the other hand, cannot help being suspicious of

the civil service because they associate it with colonial rule and

domination. This is a most regrettable situation for any democratic country, and its improvement is difficult since it is dependent upon a

change in the attitude and mentality of the people and on the growth of

democratic institutions of government in general.

» CHAPTER II

EWIROXKEHAL GOITEXT

Recent researches in the field of comparative adtini strati on have emphasised the need and desirability of studying administrative systems in light of the total environment and culture of a country. Administra­ tion does not operate in a vacuum and the nature of administrative organisation and processes is, to a great extent, the product of ptysical, political, and social forces which operate in a certain cul­ ture. Professor Robert A. Dahl drew attention to this problem in one of his articles in 19it7, when he remarked that

. . . the study of public administration' inevitably must become a much more broadly based discipline, resting not on a narrowly defined knowledge of techniques and processes but rather, ex­ tending to the varying historical, sociological, economic and other conditioning factors that give public administration Its peculiar stamp in each country.1

This seems to be particularly true of Lebanon where politics and administration have been significantly affected ty social attitudes and values inherent in the Lebanese culture and society. Hany of the political and administrative problems which face the country are the result of transplanting and imposing Western institutions, techniques, and processes without due regard to the particular needs and environment of the country. We shall see as ve proceed in this study that some of the failures of Western political and administrative models which were

^Robert A. Dahl, "The Science of Public Administration," Public Administration Review, Vol. T, 19U7, pp. 7-11. 29 introduced into Lebanon during the Mandate period can be explained in teraa of certain envirocaeatal factors which have had a great iapact on the shaping and functioning of such aodels. It is often contended that the French have superinposed their Western-type ideas and Institutions on existing Ottoaan ones ifcich were thought to be acre suitable to the country and which should have been allowed to evolve gradually according to the developing needs of the environment.

In order to understand properly the Lebanese administrative sys­ tem, one should try to view it in light of Its wider social environment.

This is an iapossible task for a work of this nature, especially in view of the fact that much of the data and information In fields related to adainistration is either very scarce or completely lacking. The only task which can be attempted in this respect is to identify certain important factors in the environment in which the Lebanese attainistration operates and which have had a tangible impact on achinistrative behavior and practices. This will involve, to the extent possible, a brief and sMevbat perfunctory analysis of Lebanese culture and society as well as certain personality traits of the people, which have a direct bearing on administrative behavior. The treatment of the political framework of the Lebanese administrative system is treated separately in the next chapter.

One word of caution is in order; namely, that by definition such a treatment and analysis is bound to suffer from generalisations and tend to be somewhat impressionistic. This Is unavoidable, and it need not seriously affect our conclusions if the discussion is limited to a 30

certain Halted maker of identifiable factors which fora some sort of a

discernible pattern in the culture and society.

Ecotiam i e Factor

In stuping the social setting of the administrative system in

Lebanon, one cannot afford to overlook the economic aspect which is

essential for understanding soae of the basic features of this system.

The following paragraphs will present brief, general description of the

economic structure and its bearing on the public administration of the

country.

Lebanon is a small country with a population of approximately

1,1(15,000 and an area of 1,000 square miles.^ Although poor in natural

resources and essentially underdeveloped, It is prosperous in many

respects and, with the exception of Israel, has the highest per capita

income in the Middle East.^ The Lebanese economy can be called agricul­

tural more so than industrial. Agriculture was responsible for 20 per

cent of the national income in 1950, and the industrial and craft sector for 13 per cent. The latest figure for 1957, shows that the economy of

Lebanon has not undergone any basic change except for the relative drop

in the agricultural share of the national income to 16 per cent. Thus,

^Doxiades and Associates, "Economic Data for the Ekistic Pro­ gramme of Lebanon," an unpublished report submitted to the Lebanese government (Beirut, 1957).

^Yusif A. Saylgh, "Lebanon: Special Economic Problems Arising from a Special Structure," in Middle East Economic Pliers (Beiruti American Press, 1957), p. 69. 31

. . . although Lebanon is prineri ly a country of trade and services, when the individual incomes of the various sectors of the economy are compared, it is, on the other hand still true that about half the population derive their income, wholly mrpartly from agricul­ ture, and a little more than half of the people are rural in the sense that they live in rural areas. Rural exodus to urban centers has been continuous since the second world war, but is rather slov.y

Since the Second World War, Lebanon has experienced some rapid

industrial development which has somewhat slowed down now but has not

stopped. This industrial expansion has brought with it economic pros­

perity and has created badly needed jobs for thousands of unemployed in

Lebanon. It is somewhat evident that the Lebanese economy and the

Lebanese society in general are in a period of transition from the tra­

ditional agrarian pattern to the modern industrial one. This process of

transition will definitely bring with it changes in values and will be

reflected inevitably in the governmental and administrative systems.-*

Uhtil recently, this economic pattern in the country has dictated

a very limited role for government and administration. A simple, agri­

cultural econoay requires a simple and nail bureaucracy with a minimum

of controls and services. Free, commercial activity, which is a basic

feature of Lebanese economy, has also helped to reduce and limit the role

of government and administration in the economic sphere.

%imon G. siksck, Bashir J. Daouk and Sami E. Baaklini, Preliminary Assessment of Manpower Resources and Requirements in Lebanon (Beiruti Ecooomic"ftesearch Institute, American "University oT-Beirut, I960), p. 18.

% r o w and Iskandar, op. cit., p. 29U. But this picture is changing quickly now. Rapid, continuous

industrialisation has brought with it an increasing need for govern­ mental interference in various spheres of the society. The growing needs of this expanding economy have brought with then additional responsibilities and functions for the civil service. The si^le and aainly administrative bureaucracy which sufficed for a simple agricul­ tural economy and society is now being slowly replaced by a larger, aore complex, and technical machinery which has to cater to the growing demands and needs of a transitional society.

This transition is opening up new opportunities of employment for thousands of Lebanese who, up until new, could look to the government only for a secure job and livelihood. In the past, this economic pres­ sure resulted in an overstaffing of the civil service as the government felt somewhat responsible for providing a means of livelihood to the many unemployed. The present trend towards industrialisation is also accompanied by a change in our social values and a new stress, in fact, a glorification of business and a diminishing stress on the prestige of public employment.

Sectarianism

Religious sectarianism is probably the most important feature of the Lebanese society, lo study of government and aiteinistration can be attempted without an understanding of the religious factor and its influence on the whole life and culture of the Lebanese people, in this respect, Lebanon provides a unique and most interesting example, espe­ cially for the student who is mnxlous to view politic*!, m

The problem of sectarianism has plagued Lebanon throughout both its medieval and its modern history. The mountains and valleys of

Lebanon have always served as a haven for persecuted religious minori­ ties. "Pays coupe, d'acces difficile, le Llban sert de refuoe a touts les dissidents."^ As a result, Lebanon has cone to be peopled by a mosaic of religious commities none of which constitutes a majority of the population, which at present is half Christian and half Moslem. The major religious sects, at present, are the Naronltcs, Sunni Moslems,

Greek Orthodox, shifa Moslems, Greek Catholics, and Druses.

Tte history of Lebanon has been characterized by tense and strained relationships between these different sects which were suspicious of each other. Conflict between these religious calamities often resulted in violent and bloody clashes as the one between the Greek Orthodox and the jtaronites in 1 $39# the Sunni and Shi*a in l63h, and the Karonites and

Shi'a in 1726.? Sectarian strife in Lebanon finally culminated in the

^Pierre Rondot, Les Institutions Politiques da Llban (Parist Mationale, 19b7), p. 5* ?Halim Fuyyad, "The Effects of Sectarianism on Lebanese A {Minis­ tration" (Beirut; unpublished Master's thesis, American University of Beirut, 1956), p. 2. 3k savage aassacres of i860, between Haronites-andDru2cs Which resulted in

direct foreign intervention and the protocol of Mount Lebanon.

Sectarian divisions were given official encouragement under the

Ottomans by the Millet system which extended some sort of seal-autonomous

status to the different religious sects. During the Mandate period, the

French did not do much to ameliorate the situation but, instead, helped

to foster divisiveness and sectarianism in pursuit of their own inter- a ests. The following quotation is a somewhat fair description of the

situation at the turn of the twentieth century.

Christians versus Mosleast this was qy first notion of collective human relationships. To My mind at the age of 5 or 6 the world consisted entirely of Moslems and Christians in antagonism to one another. By the time I was 8 or ?, I had developed, or rather inherited, a definite outlook common to all Syrian Christians at that time, a feeling of aversion for the Moslems and Druses whom I learned to consider as our natural enemies.?

In modem Lebanon of tottoy, with the exception of the family, the religious group is still the most important influence in determining an entire way of life for many people. The basic values of the individual, and very often his role and status in society, are determined by his v religious affiliation. According to Draiel Leraer, religion in the

Middle East

. . . has always claiaed priority among the secondary symbols of identification. A Middle Easterner related himself to his society

^Daniel Leraer, The Passing of Traditional Society: Modernising the Middle East (Glencoe, Illinois: The Free Press, 1958), p. 17fe.

?Edward Atiyah, An Arab £alls his Story: A Study in Loyalties (London: Murray, 191(6), pp. 10 and l2T.~ ” 35 by may of his sect, end Huslis doctrine on the ilhlsei as m i l as the Ottoman HI 1 let system accorded cultural and legal authority to recognized sects.*®

The importance and role of the religious group in society and the life of its members is m i l expressed by Albert Hourani in his often quoted phrase

The sect persisted as a social entity even after the ia^ilse which gave it birth had died any. To leave one's sect was to leave one's whole world, and to live without loyalties, the protection of a comamity, the consciousness of solidarity and the comfort of nonality.il

This situation is basically true today, although soae recent studies have revealed that religious influence and identification is sonewhat 13 declining. A recent study conducted anong a selected group of Kiddle

Eastern students at the American University of Beirut showed that among

Moslem students, religious affiliation and loyalty ranks next to the family only. Among Christian students, it ranked third, after the family 13 and ethnic group.

Religious sectarianism in Lebanon Is aot only a social and cul­ tural force but finds official recognition in law and practice and directly interferes with the governmental and atteinistrative system.1^

l°Lerner, og. clt., pp. 206-207.

^Hourani, op. cit., p. 61*.

12E. Terry Pro thro and Levon H. Melikiaa, "Social Distance and Social Change in the Hear East," Sociology and Social Research, Vol. 37, 1952, p p . > n - 13Levon H. Helikian and Lutfi Ho. Dlab, "Groups Affiliations of University students in the Arab Kiddle East," The Journal of Social Psychology, Vol. i*9, 19S9, p. 156.

^Crov and Iskandar, op. clt., p. 29k- The three most important legal manifestations of sectarianism can be found in the constitution, the electoral laws, and the personal status

lavs. The Lebanese constitution In article 9$ provides "... for the

sake of justice and amity, the sects shall be equitably represented in public employment and in the composition of the Ministry . . .

This actually means that the offices of government should be distributed among the different sects according to their number. Thus, by custom, the President of the Republic is a Haronite, the Speaker of Parliament a

Shi1 a Koslem and the Prime Minister a Sunni Moslem. The same thing is

true of civil service posts which are also apportioned on the basis of religious affiliation.

In the Lebanese parliament, representation, as officially pro­ vided for in the lav, Is according to religious affiliation. Each

religious community is accorded a number of seats proportionate to its number. Since independence in 19h3» Lebanese political leaders have agreed on a ratio of six to five In favor of Christians, to be observed

In parliamentary representation; and all electoral lavs passed during this period have adopted this forsula. The present electoral law, passed on April 26, I960, provides for a unicameral chamber composed of ninety-nine members distributed in accordance with this same ratio. At present, many Moslem leaders are trying to amend this ratio to one to * one, as they believe that Christians no longer constitute a majority of the population.

^Department of political studies and Aiblic Administration, American University of Beirut, The Lebanese Constitution (Beiruti Khayat's, I960), p. 33 . 37

In the field of personal status, Lebanon is one of the few coun­ tries which peraits its different sects to regulate their own problems of aarriage, divorce, alimony, and adoption. The state has no control over such problems, except to execute any decision or sentence passed by independent church courts. Lebanese citizens cannot even avail them- selves of tbe privilege or right of a civil marriage cereaony but are forced to Barry in one of the recognized churches. It is a aost regret­ table situation, Indeed a shaae, for a modem sovereign state not to be able to extend its jurisdiction over basic problems which directly affect the everyday life of all citizens.

It would be impossible to present a true and clear picture con­ cerning the role and influence of religion in Lebanese society and especially on government and administration. One aust live in the country for sooe tlae to obtain a feeling of the nood and atmosphere and to understand all the various repercussions of this problem. We will only try to describe some instances where the sectarian problem has had serious and adverse effects, especially on goveraaental institutions and practices.

By far the aost serious repercussion of sectarianism in Lebanon is that it has undermined national unity and until now has prevented the development of the country into a homogeneous, cohesive political entity.

"Sectarianism, authorized by public law and administrative fiat, per­ petuates ancient loyalties at the expense of the larger national identification."1^ There is a shocking lack of agreement among the two

l6>Lerner, op. cit., p. 172. 36 major sects on the most basic of all issues) namely, the continued

existence of Lebanon as an independent political entity or its incor­ poration into a larger predominantly Moslem Arab state. This basic

lack of agreement mas brought to a climax in the crisis of 1956, vhich

almost degenerated into a religious mar between the two main religious

communities. It should be mentioned here that this religious problem was accentuated by the rise of lasser and his cha^ioning of Arab

Rationalism, providing the Moslems in Lebanon with a symbol and a cause vhich naturally diminished their loyalty to their country. Since the

events of 1956, this problem hats been in the forefront awaiting a solu­

tion, if one can be found. It is a problem, in comparison to which all

other problems seem trivial.

In the field of government and administration, sectarianism has most serious and grave effects. To begin with, it has precluded the development of a strong government and has fostered political divisive­ ness and instability. It has complicated the task of forming cabinets vhich must represent all the various sects.

Cabinets are by definition coalitions of the representatives of the various religious groups of the country which must not act so as to hq>alr the basic interests of any of the major communities if they are to continue in office. All groups fear a strong government which, if it fell in the hands of one group, might make possible its dominance over others. Hence, the role of government has been restricted to a narrow scope of activities and, in comparison to other Riddle Eastern countries, has played a second­ ary role.17

^Crow and Iskandar, op. £it., p. 295* Same people claim that sectarianism has been a blessing in the sense that It hfts prevented the rise of *uthorit»ri*n and dictatorial regimes «nd will continue to do so since no religious sect will tolerate such dominance by another sect. This nay well be true, but the alter­ native of a weak and powerless government Is not a very encouraging one.

The Cabinet in Lebanon is becoming aore and aore of a representative institution where different sects are represented and less and less an executive organ which can speedily reach and efficiently implement decisions. The present Cabinet of fourteen members, representing sharply differing religious and political views, is par excellence the best example of such a situation. It has becoae a miniature parliament which debates and discusses issues but which rarely reaches an agreement or a decision.

In the administrative sphere, sectarianism has fostered ineffi­ ciency and corruption. It has prevented the recruitment of the best- qualified staff and, thus, lowered the quality of government employees.

The Lebanese government experimented for a brief period with the method of competitive examinations but had to abandon it because religious considerations had to take precedence over merit, it is Interesting to note that article 12 of the Lebanese constitution provides that "Every

Lebanese shall have the right to hold public office, no preference being made except on the basis of merit and competence, according to the conditions established by lav . . . This provision is a contra-

1®Political Studies and Public Administration Department, The Lebanese Constitution, op. clt., p. 7. Uo

diction vith article 95 and is not observed in practice as will be dis­

cussed later in the section on recruitment.

Sectarianisa has definitely given added support to political

interference In the civil service* Politics and sectarianisa are

inevitably interrelated in Lebanon, and very often it is not possible to

distinguish between the two. In aany cases, sectarianisa is an easy

pretext for interference by politicians who have been soaewhat unscru­

pulous in exploiting this sensitive and volatile issue. Vhen a politi­

cian is at a loss in finding excuses for interfering in the government,

he handily invokes the religious argument. Such practices have helped

to swell the nuaber of civil servants beyond the needs of the country.

The civil service has becoae a refuge for aany unqualified, unemployed

individuals who gained entry into its ranks through sectarian pressure

and influence.

A aore serious aspect of the problea of sectarianisa in adminis­

tration is that it has resulted in a prejudiced, biased civil service

end, thus, undermined the principle of civil service neutrality. Sectarian attitudes and convictions continue after appointment to the public service and, as a result, sone civil servants' loyalties are to

their sect and not to the state. They view themselves as servants to

their own sect and Its members first and secondly as servants to the rest of the public.

In aany instances, sectarianisa results in weak internal control 19 over civil servants. A certain supervisor cannot control or discipline

^Fayyad, op. cit., p. 07- hi3 subordinates who belong to different sects and who have been hired and are still supported by sectarian pressure and influence. Many executives hesitate to delegate authority to subordinates who do not share their sectarian view, thus obstructing the saooth and speecty functioning of the aduinistrmtion*

Seedless to say, sectarianisa results in nepotism and corruption.

A civil servant finds nothing wrong in providing a service to a fellow sect ueubcr even if it is at the expense of the law and public interest.

"ConfessionalIsm is also associated . . . with nepotism, corruption and 30 limitations upon personal freedom." This whole problem was recently well expressed by former Prime Minister Saeb Salem who said that for an individual, religion constitutes a passport, a cheque, a privilege and a certificate of competence.21

It is quite obvious that in the realm of government and adminis­ tration, sectarianism is in contradiction with the most elementary principles of democracy and merit. Its overtones are implicit in practically every act or decision of the government. The full applica­ tion and functioning of democratic institutions of government awl of * merit bureaucracy is inconceivable with such t sectarian background. The fall implications of the sectarian problem will become more evident as we proceed in the study of the various aspects of the Lebanese civil service.

29Lerner, ©£■ clt., p. 207.

21Sueb Salem, Lecture delivered in the Lebanese Cenacle on April 7, 1961 and reported in A1 Jarida newspaper, lo. 2553, April 19, 1961. A final word before we leave this subject. In spite of its seriousness and the serious obstacles which it creates for the govern­ ment and adainistrati on, there does not seen to be an easy and near solution for this problem. The sectarian problem cannot be solved by statutory legislation or governmental action. It is deeply rooted in the society and culture, and its solution lies in a gradual, slow social evolution in the country. There are indications, at present, that the slowly developing secondary institutions and groups in Lebanese society, especially trade unions and political parties, are coming to claim a part of the loyalty of the citizens. This is true of transitional societies in general, where primary groups and loyalties of a tradi­ tional culture gradually give way to developing secondary groups and loyalties that normally characterize aore modern industrial societies and cultures. The Lebanese government would do well to encourage and support, and, if necessazy, regulate these emerging secondary groups with the ultimate goal and hope that they will replace sectarian groups and affiliations. It is important, however, that sufficient care be taken so that these growing secondary groups would not became instru­ ments of sectarian pressure and interference.

Family

The family is one of the most basic and fundamental institutions in Lebanese society and culture. It is probably a more significant influence than religion in shaping and affecting the values and the whole way of life for the majority of the Lebanese people. The Lebanese family is a patriarchal on* and very closely knit one. Lebanese are born Into the family and find it extremely difficult to leave it. In fact, they seem to surrender their independence and individuality and submit to the rule of the father. The basic values of the individual are transmitted and shared by the family Into vhich he is born. His personality traits arc to a great extent shaped by the family.

The family is all pervasive and requires the support and loyalty of its members. In return, It provides its members with the essential security and support .... The family ascribes dearly defined roles and statutes to its various members, specially to the eldest male child who comes next in importance to the parents .... Thus the family constitutes a very important social unit in the life of an individual, and its standing in society, at large, contributes to the prestige of its individual members.22

In this same article, Diab and Helikian state that, in Middle Eastern societies, the family still claims first priority in the hierarchy of individual loyalties and affiliations. This is even true of university students who are naturally the most educated and enlightened group in society.23

The consequences of such a situation fcr government administration are very significant. The docile and dependent life which an individual leads in the family is reflected in the administration. Employees display little initiative or independent judgment and stay away from the exercise of responsibility. They try to evade decision making and take comfort in submission to their superiors. According to Horroe Berger, this attitude of subservience and avoidance of responsibility is typical

22Melikian and Diab, op. clt., p. lU6 .

23Ibid., p. 156. hh

of the civil servant in the Bear East.2** Berger'a study on subservience

and initiative In the Egyptian bureaucracy Is very incisive and reveal­

ing and is, to a great extent, true of the Lebanese situation.

It Is no wonder that administrative organisation in the Lebanese

public service resembles the family hierarchy with authority concen­

trated and decisions aade only at the top* This is one of the aaln problems of the Lebanese acMinistration and is mainly responsible for

the notorious delay in the transaction of official business.

This attitude of domination on the part of superiors and the

docility and Obedience on the part of subordinates is also the result of

the authoritarian nature of the Lebanese society in general* lot only

the Amily, but the church and other social institutions in Lebanon are highly authoritarian. The Ottouan and French heritage which has exerted

a dominant influence on the country was also an authoritarian one.

If a society is organized on authoritarian lines— i.e. if in family and community life great stress is ordinarily placed on submission to supervisors— the area of acceptance of authority in every organizational situation will be wider than the area of acceptance in similar organisational situations in other socie­ ties organised on different lines.25

Family tics and allegiances are so strong in Lebanon as to result

in nepotism and corruption. A person*s duty and responsibility according

^Horroe Berger, Bureaucracy and. Society in Modern Egyptt A Study of the Higher Civil Service (Princeton: Princeton University Press ,^195?)> p. 152.

^American Political Science Association, Sub-committee on Comparative public A (Ministration, Report by Herbert Kantban, Annex £11, "A cone optional Framework for the Study of Co^arative Administration," Unpublished Report, Scptesfecr 1953, p. 28. to the social customs and values are to his family first. Public interest is subordinated to the family’s interest and* hence, widespread corruption and favoritism result in the bureaucracy. Social customs and values in Vestem countries do not tolerate such practice or behavior.

In the wider political sphere, the family institution and the attitudes which it engenders In its members have impeded the growth and development of democracy in general. Democratic institutions and prac­ tices cannot flourish without the Independent individual who is willing and capable of using his Initiative and exercising Judgment on the various issues which face him in his everyday life. Here again, the coming to maturity of democracy in Lebanon will have to await the com­ pletion of the transition from the traditional, particularistic social pattern to the modem, universal is tic pattern whose secondary groups are a prerequisite for a democratic system. CHLFTER 111

GOVERflMERTJU. SYSTEM 3 LEBUKJR

Xo study of the Lebanese civil service can be properly undertaken without an examination of the governmental system of the country. This is true of all countries and is especially true of Lebanon, where the political system and the way in which it functions has significant bearings on the civil service. Any attempts at administrative reform in

Lebanon should be undertaken only as part of a wider and more compre­ hensive political reform, it would be naive to think that basic admin­ istrative changes could be achieved without corresponding basic changes

In the system of government which provides the general framework within which the administration functions. This chapter will present a brief outline of the main features of the governmental system in Lebanon.

The present system of government in Lebanon, as was mentioned before, was originally provided for in the constitution of 1926, which was devised by the mandatory power and which, with some modifications, is still in effect today.

It should be mentioned at the outset that the constitution of

1926 was the work of Frenchmen who were not completely familiar with the existing environment In this part of the world and who were anxious to introduce western political institutions which were somewhat alien to the area. The Lebanese people and even the Lebanese Representative

Council which approved the constitution of 1926 did not have much to say in this matter. Only very few and insignificant changes were agreed to by the French following the three days debate which took place in the

Representative Council during M«y 1926.

This fact should be b o m in mind because it explains much of the disappointment and frustration which resulted from the application of the 1926 constitution. One cannot reasonably say that this experiment in the application of western democratic institutions has been a defi­ nite failure in Lebanon; at the same time, it is quite obvious that it did not meet with the expected success. There are many who believe that western democratic Institutions and systems arc not as yet the proper form of government for the Arab countries. With the present poverty, class structure, and the climate of public morality, a democratic form of government is not very appropriate. The premature introduction of democracy is one of the great calamities that can befall any society.

There is ample proof of that in some surrounding Arab countries where democratic systems of government have crumbled and given way to authoritarian military regimes.

It is encouraging to note, however, that in Lebanon, unlike many other countries in As ia and the Middle East, democracy has survived in spite of tte many distortions and imperfections which have accompanied it and which were the result of inherent factors in the Lebanese culture

M d society. This has helped to strengthen and confirm the belief that

Lebanon should not abandon its democratic practices but should rather strive to improve them and prepare the way for a more perfect environ­ ment in which democracy can flourish and contribute to the general welfare. U8

The Executive

The President. The constitution of 1926 m s prepared by the

French and v u to a certain extent patterned after the French constitu­ tion of the Third Republic. The constitution established a framework for an adjusted fora of parliamentazy government which was thought suitable for the country and its special circumstances. The constitu­ tion itself is a rather short document composed of eighty-nine articles. Grouped into six parts, it was originally composed of 102 articles] articles 22, 23, 69, 90-9k, 96-100, which relate mainly to the mandatory power, were later abolished.1 It is similar in content and form to any constitution that one finds in modern western democratic countries.

The form of government provided for in the constitution is some­ what unique in that it Is neither a parliamentary or a presidential system but falls somewhere between these two traditional systems.

Lebanon is declared a republic with executive authority vested in a President and a cabinet and legislative authority vested in a uni­ cameral parliament.2

The President of the Republic of Lebanon is elected by parliament for a period of six years and is, undoubtedly, one of the strongest chief executives that one can find in modern democratic states. These

Isubhl Mahmassani, The Constitution and Democracy (Beiruti Dar Al-Iln, 1952), p. 131*

^The constitution originally provided for a bicameral legislature composed of a Senate and a Chamber of Deputies. The amendeent of October 17, 1927, abolished the senate. powers, which were accorded the chief executive in the 1926 constitu­

tion, were exercised during the mandate period subject to the approval

of the French High Commissioner. it was advantageous for the mandatory

power to centralize authority in the hands of the President who was

subject to supervision and control by French representatives. A dis­ persion of political power would have weakened French control over the

affairs of the state. This is why the Mandatory power was reluctant to bestow real authority to an elected legislature. In fact, a careful study of tike political evolution of Lebanon reveals a definite trend

towards the strengthening of the Chief Executive at the expense of

Parliament. The French were inclined to go along, in fact to encourage,

such a trend because of the early difficulties which they experienced

with the legislature. Thus, the constitutional aaewtents of October

17, 1927, and May 8 , 1929, were intended to enhance the power and pres­

tige of the President vis-a-vis parliament by extending his tern of

office froa three to six years and by granting hin wider powers of dissolving parliament.-^ The powers accorded the President in Lebanon include the impor­

tant one of appointing and dismissing the Priae Minister and the

^The constitution originally gave the President the right to dissolve perltaaent under the following conditions: a) in case parlia­ ment refhses to aeet in an ordinary or extraordinary session although It has been convened by the President for two consecutive tinesi b) In case parHlent rejects the budget bill of the government; c) In case parlia­ ment pasSts certain laws or decisions which are likely to incite the people against the mandate or the constitution. This was amended to give the President the right to dissolve parliMent at his own discre­ tion and subject only to the approval of the Cabinet. 50

Ministers who are supposed to be his main assistants in the exercising

of executive authority.*1 Any cabinet, which is designated by the Pres I*

dent, has to secure the confidence of parliament and will have to depend

on it for its continued existence in office. In appointing a cabinet,

the President is free to elect his ministers either from the Chaaber or

from outside it, although the former practice has been the more prevar-

lent one and Justifiably so.'’ In a parliament where there is hardly

any real party representation and where there is no one parliamentary

group or block which enjoys a clear majority, the formation of a

cabinet and securing confidence for it will have to depend on satisfying

as maiqr groups and members in the Chaaber as possible. Such satisfac­

tion is usually achieved by offering ministerial posts to these groups or members. The process of forming a cabinet in Lebanon is further

coflq>licated by the notorious article 95 of the constitution, which

specifies that the religious sects should be equitably represented in

the formation of cabinets and appointments to the public service.^

Such measures, however, should not cause prejudice to the general wel­ fare of the State. This article in the constitution has provided an official basis for sectarianism in the Lebanese political and adminis­ trative system, its repercussions on the adeinistration will be discussed later. But in the field of politics, one can venture the

**Lebanese Constitution, op. clt., Article 53*

5lbid.# Article 28.

6Ibid., Article ?5. opinion that this provision has had the aost significant and adverse effect on the political life of Lebanon. Sectarianism, in Its various aspects, notably the political one, has been the aain plague of the system, it has greatly complicated the task of governing and almost paralysed the political system. Political sectarianism in Lebanon means that the offices of the State should be distributed among the various religious sects. Thus, tradition dictates that the President of the

Republic in Lebanon should belong to the Maronite sect, which is allegedly the most numerous one, the Speaker of parliament to the Moslem

Shi'a sect, and the Prime Minister to the Moslem Sunni sect. It also means that members of the Cabinet have to represent equitably the various main religious sects of which there are now six: Maronites, Sunni

Moslems, Shit a Moslems, Greek Catholics, Greek Orthodox, and Druse.

Among the smaller groups, there are Jews, Protestants, Latins, Armenian

Orthodox, Armenian Catholics, Syrian Orthodox, and Chaldeans. The electoral law provides that deputies shall be elected according to their religious affiliation and, thus, establishes a ratio in the represents- 7 tive system of six Christians to five Moslems* The law further pre­ scribes the distribution of seats among the various denominations within each of the two major religious sects. The electoral law pro­ vides for a Chamber of Deputies composedof ninety-nine members and

?This formula is the result of an informal gentleman's agreement among the religious sects known as the Bational pact. Following inde­ pendence in 19h3t leaders of the various sects got together and agreed on this arrangement which has since been embodied in electoral laws. 52 distributed ms follow: Hnronite, thirty; Sunni, twenty; 5hifa, nine­ teen; Orthodox, eleven; Catholics, six; Druse, six; Protestant, one; a Ifaronites, one; JLraenian Catholics, one; Amenian Orthodox, four.

This precarious religious balance, which is scrupulously observed in the political life, has significantly undermined and weakened the governmental system. Any government which has to rule through compro­ mise among such sharply differing and dissenting groups is bound to be highly ineffective and incapable of strongly asserting its will. The lack of an absolute minimum of unity and consensus in the society has rendered the task of governing a most difficult one and has encouraged a high degree of political instability in the country. The constant change in cabinets? and the resulting lack of political continuity are typical characteristics of the political systems. This whole situation greatly contributed to the crisis of 1956 when the country was plunged into civil strife bordering on a religious war between the two main religious communities. The shock of the crisis and the chaotic politi­ cal situation in the country raised serious doubts in the minds of the people about the political viability of the Lebanese state and have revealed a pressing need for basic and drastic reforms in the entire political system. There is somewhat of a parallel between the situation

^Electoral Law of April 26, I960 in Selia Abi-Iader, Collection of Lebanese Legislation (Beirut: Dakkash and jumnum press, 1962), V o l. V , Article 1 and^ppendix o f the Law, pp. 1 and 11.

?Since independence in 19h3, Lebanon has had on the average a new cabinet every six months, see Huheaaed Hajzoub, The Crisis of Democracy and Arab ism in Lebanon (Beirut: Hunaymeneh Press, 19^7), pp. 33-35.

A in L*>hartnn and that in France where sharp political and social differ­

ences and a high degree of political instability paralyzed the govern­ ment and ultimately led to the collapse of the Fourth Republic.

Such a situation has its iportent complications in the adminis­ trative sphere. Weak, ineffective, and unstable cabinets have necessarily led to a strong civil service which could possibly provide

soae of the needed stability and continuity in government. More

important than that, it wis felt that a strong and vigorous civil

service might lie a strong unifying element in a society t o m by sharp political and social differences. As a result, the civil service has,

by necessity, been conditioned and prepared to play a more important

role In the whole process of government than is normally expected from

its counterparts in more politically advanced stable and mature coun­

tries. This has meant additional responsibilities for the civil service

and greater attention and emphasis on creating an honest and efficient

administrative machinery.

Besides the all-important power of appointing and dismissing

ministers and of dissolving the Chamber of Deputies, the President of

the Republic in Lebanon plays a significant role in the legislative

field. To begin with, he can adjourn the Chamber and can convene It for

a special session.10 All laws approved by the Chaaber shall be promul­

gated by the President who is also responsible for supervising their

execution.11 The President also enjoys a veto power which enables him

Lebanese Constitution, eg. £it., Articles 33 and 59*

u Ibid., Article 51. to return any lev to the Chamber for reconsideration. His veto, however, can be overridden by an absolute majority of the Chaaber, which is not easy to secure.More important than all of these is the power of the

President to promulgate as law, with the approval of the cabinet, any bill which has been referred to the Chaaber as urgent and which has not 13 been decided on during a period of forty days. In effect, this gives him the right to legislate considering the fact that very often the

Chaaber cannot possibly reach a decision on a certain bill within such a period of forty days. The President has, in many instances, availed himself of this power and has issued as laws certain bills which were awaiting a final decision by the Chamber. This power is a very serious and controversial article of the constitution. Basically, It is a violation of the principle of separation of powers; and in a weak and docile Chamber, such as exists in Lebanon, the chief executive can play a very important role in the legislative process. The seriousness of this practice in Lebanon can be appreciated upon close examination of the natter which reveals that very often those bills, which are promul­ gated as law by the chief executive, relate to basic matters of the state policy. On more than one occasion, the national budget bill has been issued as law in this manner. This means, in effect, that the

Chamber of Deputies in Lebanon, the duly elected legislative body of the country, has been deprived on several occasions of its basic and important prerogative of legislating.

12Ibid., Article 57. ^ibid., Article 59. This particular article in the constitution has weakened the

Chaaber and distorted the balance between the Executive and Legislative organs of government. It was originally inserted in the constitution in order to insure for the President and the French High Commissioner a aeans for by-pas sing a somewhat uncooperative Chaaber. There is hardly any Justification for it now, since it is contrary to proper and orderly democratic systems which believe in representative government.

In this connection* one aight also note the power of the Presi­ dent to negotiate and ratify international treaties without the approval of the Chaaber. This power* however* is limited to certain types of treaties which do not involve a financial commitment for the country or which cannot be denounced at the end of one year. Such treaties have to be ratified by the Chamber.^

In the administrative field* the President in Lebanon is* of course* the titular and actual head of all executive organs* including public administration. It is true that in exercising executive power* he is assisted by the various ministers who are to a great extent his own appointees and who head the various ministeries of the state. The con­ stitution* however* in article 53 * expressly attributes to the President of the Republic the power to make appointments to all civil service positions for which the method of appointment is not specified by law.

This actually means that he is given the sole right to make all civil service appointments. According to the existing legislation* the

% b i d . * Article 52. 56

Pres 1 dent of the Republic now has only to approve the nominations which

are made by the Civil Service Council. In fact* appointments to the

lower echelons of the administration do not even need his approval.

This constitutional provision has aade the President the supreme

figure in the administrative sphere. Ministers are his own appointees

and can be dismissed at his discretion. Government employees in the

higher echelons* above the sub-clerical level* although subject to civil

service laws* cannot be appointed without his approval. Promotion and

advancement* especially in the top levels, depend to a great extent on

the wishes of the President. Thus* It is no surprise to find that in

the executive branch of the government in Lebanon* ministers* as well

as civil servants* have their loyalty first and foremost to the Presi­

dent. Top civil servants are aware of the dominant role which he plays

and do not hesitate to by-pass their superiors* or the ministers to deal

with him directly. This* of course* can and does have serious effects

on the relationships of the Minister with his top aides and eiq>loyees.

It weakens his control over them and tightens the control of the

President. This problem will be explored further in the discussion of

the civil servicej but it is sufficient to say now that constitutionally the chief Executive in Lebanon is given extensive administrative powers which make him the real focus of authority and which allow him to play a dominant role in this respect.

This does not* by any means* represent an exhaustive description of the Presidential powers in Lebanon. It is a general and brief outline of the main and important constitutional powers of the President which 57

have a bearing, directly or indirectly, on the study of the civil

service system in Lebanon.

The real role and power of the president of the Republic cannot be fully understood without alluding to article 60 of the constitution.

This article absolved the President from responsibility for any of his

acts except in the case of violation of the constitution or high treason.

In other words, the chief executive in Lebanon, who is the titular as

well as the actual head of the state and who enjoys extensive constitu­

tional powers enabling hi* to play the nost important and dominant role

in the governmental process, cannot be held responsible or accountable for any decisions or acts which he aakes in performing his assigned

duties. This is achieved through the siaple device of having all presi­

dential decisions and decrees— with the exception of those relating to

the appointment and dismissal of ministers— countersigned by the Minis­

ter or Ministers concerned.3^ Through such a device, responsibility is

shifted from the President to the Minister who might be held responsible

for a decision which he himself has not made. This is a somewhat

uncommon practice in democratic systems of government, it is known that

in most parliamentary forms of government, such as Great Britain, the

head of the state cannot be held accountable for any of his acts. But,

in most of these cases, the head of the state is simply a titular one

and does not normally enjoy any significant powers. To vest real execu­

tive authority In a President and bestow upon him such important powers

*% b l d ., Article Sh. and then absolve bin of any responsibility for the discharge of these

powers is to violate a most elementary and basic principle of democratic

rule.

What makes this situation still worse is the impossibility of

pinning responsibility for presidential acts and decisions on the Minis­

ters, who by being required to countersign these acts and decisions

supposedly assume responsibility for them. The constitution, in article

70, provides that Ministers can be impeached by the Qiaaber for high

treason or for serious neglect of duty by a vote of one-third majority

of the total membership of the Chamber. It further provides that a

special lav shall be issued to determine the conditions for the civil

responsibility of the Ministers. Vo such law has been yet enacted, thus

making it impossible to determine accountability for executive acts and

decisions. Some serious attempts have been made during the past year or

two to pass such enabling legislation; but unfortunately, they have not

materialised. This leaves a serious flaw in the whole system which

should be remedied as soon as possible.

The Cabinet. Although the President of the Republic is the real

executive in Lebanon, he is assisted in this role by a cabinet of his

choice, which is, at the same time, responsible to the Chamber. The

constitution, in article 66, specifies that Ministers are jointly and

individually responsible to the Chaaber, and their continued existence

in office depends upon the confidence of the deputies. This arrangement

is typical of parliamentary systems; but, as we have seen earlier in this chapter, complicates the process of forming a cabinet. Although 59 the President is given the right to appoint and dismiss Ministers, who act as his assistants In the discharge of political functions, he does not have a completely free hand in the exercise of this right since his choice must be acceptable to the Qiaaber. It is true that, until the election of June i960, parties were hardly represented in the Chaaber and there was no clear majority which could dictate its will on the

Chief Executive in forming a cabinet. The lack of party representation in the Chaaber has definitely strengthened the hand of the President and has given hia an important leeway in the appointment of Ministers. This has helped to make the Prime Minister and Ministers of Lebanon aore representative of the wishes of the President than of the Chaaber as is customary in a parliamentary form of government.1^

The Cabinet in Lebanon, whose amiber varies from a minimum of four Ministers to a maximum of eighteen, depending on various political circumstances, can be drawn from members in the Chaaber or from outside fields. The general practice In Lebanon, however, has been predominantly in favor of confining ministerial appointments to members of the Chaaber who are naturally reluctant to see outsiders occupy such positions.

There have been many instances in which the President, has selected some

i^xn the elections of I960, political parties aade a significant headway and several of them won a varying number of seats in the Chaaber. But no single party woo aore than six seats, which is a relatively negligible nattier in a chamber of ninety-nine members. This development, however, and the role iddch party organisation and machinery played for the first time in this election is very promising and conducive to healthier results in the political process.

1T« Rayat Mcwspaper, Mo. Ii362, July 9, I960. 60 outside personalities for ministerial posts despite the opposition of the Chaaiber.

The Cabinet, under the supervision and direction of the President, is responsible for drawing up the general program of the goveroaent, submitting it to the Chamber and defending it there; Ministers, whether

»re ■mtwrf in ttm Chamber or not, are allowed access to it. can address it whenever they wish to do so, and have to answer questions and 16 defend their policies before the Chaaber. In Lebanon, most of the legislation is initiated by the Cabinet, subject to the approval of the

President and is referred to the Chaaber for approval.

The Ministers are responsible for the direction of the affairs of the state, each in his respective ministry or ministries.*9 They are responsible for the execution of the lavs and regulations in their departments; and as mentioned earlier, they countersign any presidential act or decree relating to the work of these departments. Ministers are the main assistants and advisers to the President and work very closely with him. They serve at his pleasure and can be dismissed if they lose his confidence.

In discussing the Cabinet in Lebanon, one should stress the fact that the role played by this body depends to a great extent on the personality of the Prime Minister. Political events in Lebanon have shown that a stable government is dependent upon a proper balance

*®Lebanese Constitution, og. cit., Article 67-

19Ibid., Article 6U. between the Cabinet and the President on one handand the Cabinet and the Chaaber on the other hand. The Cabinet is in the very awkward position of being the servant of two different aasters. It will con­ tinue in office as long as it can please these two masters, who might not always see eye to eye. In theory, this seems to be a most difficult and embarrassing situation for any cabinet; but in practice, it is not as bad as it seems since the President in Lebanon has been able to assert himself as the dominant power and to make himself the master of both the

Cabinet and the Chamber at the same time. While this has greatly eased the way for the Cabinet, it has distorted executive-legislative rela­ tionships to an extent of disrupting proper democratic practices In the country. These executive^legislative relationships will be discussed at greater length later in this chapter.

The relationship of the Prime Minister and the President Is a very sensitive issue since it is related to the deeply rooted problem of sectarianism. These two figures represent the two largest religious communities in the country, the Maronites and the Sunni Moslems; and a proper balance and relationship between them is a proper balance between their respective sects.

A distorted balance and relationship between them, that is to say a weak Prime Minister easily dominated fay the Chief Executive, is likely to raise cries of foul play from the concerned sect. This factor of sectarianism, which is somewhat unique of Lebanon, has tremendously affected the governing process* The ramification of this phenomenon in the various aspects of Lebanese government will become more apparent as 62

ve proceed in our work. It is believed that soot of the causes of the

1953 political crisis in Lebanon can be traced to the distortion and

lack of balance which characterised the relationships of the President

and his Priae Minister over a long period of time.

The Legislature

The Lebanese constitution vests legislative authority in a single PO Chaaber of Deputies whose aeabers are elected by universal suffrage.

Membership in the Chaaber and the manner of election are determined by

law. The most recent law of April 26, I960, provided for a Chaaber of

ninety-nine aeabers elected by si^>le majority in aulti-aember electoral

districts. It was mentioned earlier that the distribution of seats in

the Chamber and the election of aeabers is based on sectarian affilia­

tions. Such a practice excludes from the Chamber some eminently quali­

fied and competent persons who are not allowed to become candidates in

their respective districts because they happen to belong to a different

religious sect from the one which is alloted a seat in that particular

district.

The main function of the Chamber in Lebanon, just like any other

democratic country, is to legislate and determine the general policies

of the state which are later put into effect by the executive organ.

The Chamber is given the right to initiate laws which normally cannot be promulgated unless they have been approved by it.

20Ibid., Article 16. 63

A close examination of the legislative role of the Chaaber in

Lebanon reveals some serious shortcomings. It appears that the Chamber has not lived up to the responsibilities expected from it in this regard.

It has allowed the executive branch to usurp some of its legislative prerogatives. As was mentioned earlier, the chief executive has made frequent use of the constitutional provision which allows him the right to issue urgent bills as laws if they have not been decided upon by the

Chaaber within a period of forty days. This fact in itself is an indication that the Chaaber has not been really determined on fully exercising Its legislative powers or else it would not have allowed so much opportunity for legislative activity by the executive authorities.

A more serious phenomenon, in this respect, is the willing and deliberate delegation of legislative power by the Chamber to the Cabinet.

C*i several occasions,^ the Chaaber was persuaded to give to the Cabinet the right to rule by decrees. This meant that the Cabinet could issue decree laws which were as binding as the regular laws passed by the

Chamber. It is true that normally the power of delegated legislation given to the Cabinet is limited to relatively short periods of time and to certain specified fields; but it is at the same tine an admission by the Chamber that it cannot do the job for which it was elected and which can be dime better by the executive branch of government. Although the right to legislate by decree has been granted to the Cabinet rather occasionally, most of the country’s basic policies and legislation have

21Iotably in 1952, 1953, 195U, and 1959. 61; been issued In this A legislature which is so easily willing to give up its rightful duties and prerogatives does not inspire auch

confidence and is not vortty of the role for which it was specifically elected by the people. In France, the Constitution of the Fourth

Republic in an attempt to avoid such irresponsibility on the part of parliament, specifically prohibited the practice of delegated legisla­

tion.^

Beside the important function of legislating which has not been properly discharged by the Chaaber, it has another iaportant function, which is normally performed by the legislature in parliamentary democ­

racies; namely, that of supervising and checking the executive* The

Cabinet in a parliamentary system, such as exists in Lebanon, is jointly and individually responsible to the Chaaber and can continue in office

as long as it enjoys its confidence. Furthermore, the constitution pro­ vide*^ that Ministers can be impeached by the Chamber for neglect of their duties. They can be questioned, investigated, and called to task

if the Chamber chooses to do so. The Chamber can force an individual

Minister or an entire Cabinet out of office if it is not satisfied with the way the affairs of the state are being handled.

^Examples of such decree laws are* decree law organizing the judiciary; electoral law; public accounting lav; law relating to munici­ palities; law organizing the council of state; personnel lav; lav organizing the various ministries; press litv; law creating a civil service boardj law creating an institute of public actainlstration, etc.

^Article 13 of the constitution of the Fourth Republic provides that "The lational Assembly alone shall adopt the lavs. It may not delegate this right." 65

A system such as this presupposes a responsible and vigilant parliament which takes Its work seriously and which, through careful supervision and oversight, can make sure that the executive branch is not deviating from the main policies drawn for it and that the adminis­ tration is discharging its functions properly and efficiently. In a democracy, this function is almost as important as that of legislating.

Unfortunately, the Chaaber has not lived up to expectations. This Is not surprising because a chamber which views its main responsibility of

legislating casually and lightly is likely to display the same attitude with regard to what it considers a less important function. It is worthy of note that during the period 19li3-196Q, only one Cabinet was forced to resign by a parliamentary vote of no confidence. All other Cabinets have invariably resigned or been forced out of office as a result of differences with the chief executive. It appears that in Lebanon, the

Cabinet has become more of a representative of the chief executive than a representative of parliament.

parliament has also failed in exercising any serious and important check on the work of various atteinistrative agencies. It is true that frequent debates have taken place on the floor of parliament with regard to this problem, but they have rarely resulted in any desired changes.

Parliament has not made any use of its investigative powers In its attempts to control and check the administration. In fact, deputies are not aware of the significance of their duty In this respect; and as a result, they have shied away from such activities. In Lebanon, Cabinet responsibility to parliament, instead of producing some desirable results 66 as far as the administration is concerned, has, on the contrary, bad some adverse effects. The parliamentary system in Lebanon has subjected the Cabinet and the various ministries to serious political pressure and

interference from various sources, especially from the Chamber of Depu­ ties. The Hinister in a parliamentary fora of government, such as exists

in Lebanon, is greatly dependent on the support of his fellow deputies

in parliament and cannot afford to Ignore their wishes and demands which are often satisfied at the expense of the general interest of the coun­ try. The Hinister has also to attend to the selfish needs of his own constituents whose continued support is essential for re-election. The political system in Lebanon has, undoubtedly, helped to promote political interference and favoritism in the administration and has, to a certain extent, undermined the merit system. It is thus clear that some of the contemplated and desired changes in the administration cannot possibly be realised without some necessary changes in the political system of the country.

Besides its main functions of legislation and of checking and supervising the administration, parliament has a variety of other func­ tions} such as electing the President of the Republic, impeaching him and his Ministers, and amending the constitution.^4 These functions are not

Important for this discussion} but suffice it to say that in the exer­ cise of these functions, parliament has again shown its docility and weakness vis-a-vis the executive. Parliament has never impeached any

^Lebanese Constitution, op. cit., Articles h 9 t 7 0 , 7 7 . President or even a Minister, although there have been cases where such an impeachment was Justified* As far as the unending fraction is cock cerned, parliament has shown a willingness to go along with the wishes of the chief executive. The ameiubwnl of May 22, I9h8 , was specially passed to allow the incumbent President to serve another tern. It is interesting to note that this aaendnent applied only to that particular

President and was not to become^a permanent amenctecnt to the constitu­ tion binding on subsequent Presidents.

A close examination of executive-legislative relationships in

Lebanon is a very revealing one. To begin with, it is highly doubtful whether the system of government established by the 1926 constitution can be properly called a parliamentary for* of government. Parliamen­ tary forms of government presuppose executive responsibility towards parliament. In Lebanon, the real executive, the President of the " t Republic, is not formally responsible to the Chaaber. The system as it works is a combination of the presidential and parliamentary forms of government and, in this sense, is a souwhat unique one.

More important, the political system in Lebanon has shown a notorious lack of balance between the executive end legislative branches of government. Instead of a proper balance between these two branches, there Is a domination by the executive branch. The political history of

Lebanon since 1926 reveals a consistent trend of executive ascendancy at the expense of parliament. Such domination, as we have mentioned earlier, is manifested in various ways. It is manifested in the fact that par­ liament upon request has been willing to abdicate its legislative 68 function to the executive, that the most important lavs have been issued as decree lavs by the executive, that the Chaaber has never been able to dismiss a single Cabinet or even a single Minister, and that parliament has rarely resisted any presidential wish or request.

On tvo very important occasions, parliament has also discredited

Itself and helped perpetuate the idea that it was far from being repre­ sentative of popular vishes and needs. In the 1952 crisis when a general popular strike forced the President to resign, a few hours before this resignation, fifty-five aeabers of the Chaaber signed a statement asserting their confidence in him and their loyalty and sup­ port for his regime. In the much more serious and bloody crisis of 1958 when the country was involved in an armed civil strife which lasted for several months, parliament did not even attempt to find a settlement.

It remained silent and aloof until a settlement was reached through the efforts of various political figures outside the parliament. These are examples of pariismentary weakness although the constitution has formally allowed the Chamber more powers than it has actually been able to assume.

This executive domination in Lebanon was, to a certain extent, deliberately planned by the mandatory power which naturally preferred to deal with a strong President subject to its control rattier than with an uncooperating Chamber which might be representative of popular feelings.

Some also think that the French sincerely believed that a strong execu­ tive is specially suitable for a sharply divided country because it would provide a maximum of needed stability. 69

Others el so believe that a strong executive is eore appropriate for relatively immature and underdeveloped countries as representative fores of government presuppose a certain degree of political maturity, economic development, and an advanced social structure which are not at all present in Lebanon today. Moreover, the people in Lebanon have as a result of Ottoman and French rule become somewhat accustomed to strong rule and leadership and did not resent the continuation of such a system during independence.

There is auch ground for belief that the absence of political parties on the political scene has been a determining factor in weaken­ ing the representative institutions of government. The aeaber of parliament In Lebanon does not depend for his election on the organised support of political parties but rather on the support of other groups and individuals In his constituency whose loyalties and support he can­ not secure and maintain without some help from the government. There seems to be no doubt that a chamber which is c o m p o s e d Gf aembers belong­ ing to organized political parties can assert itself much more easily and can, whenever necessary, defy executive authorities. The rising role of parties as evidenced in the most recent election promises to restore a certain balance in executive-legislative relationships in

Lebanon.

The Judiciary

The judicial fraction in Lebanon is exercised by a scries of courts Which are established by law. The constitution Itself includes a very brief and general mention of judicial power in Article 20 without 70

specifying the type and nature of courts which are to discharge these

functions.

The present organisation of the Judiciary in Lebanon includes two

hierarchies of courts* the ordinary courts of law and the acteinistrative

courts* One can easily see the Influence of the French who are mainly

responsible for organizing the Lebanese Judicial system which has since

undergone some important modifications.

At present, the ordinary courts of lav in Lebanon are organized

on three levels, the single-Judge courts which are the courts of first

instance, the courts of appeal which serve also as courts of first

instance in cases of serious crimes, and the court of cassation which is

the highest court of appeal in the country. This organization into

three levels applies to both civil and criminal courts.

Of special interest in this stufy is the existence of administra­

tive courts which look into all administrative cases which, according to

the law, do not fall within the Jurisdiction of other courts. At

present, there are two achinistrative courts in Lebanon. The Special

Administrative Court serves as a court of first instance for damage

suits arising from public works, contracts, franchises, disputes over

salaries and pensions. The Council of state serves as a court of

appeals from the Special Administrative Court and as a court of first Instance for all cases which involve tie ajwalaent of administrative acts and decisions on the basis of illegality. The Council of State also considers cases involving the tortuous actions of civil servants 25 in their capacity as public agents. The Council of state and the

Special Administrative Court have acted as safeguards to the Lebanese citizen against the encroacbaents of the executive and the administra­ tion during an era when governmental functions were expanding fast and were coning to touch upon such a vide gaaut of the Individual's activi­ ties in society.

^ A s ’ad Bahhal, "The Lebanese Council of State," unpublished Master’s Thesis (Anerican University of Beirut, 1956), p, L of the abstract. CHAPTER IV

BUREAUCRATIC OFGAIIZATIOB

The general system of administration in Lebanon today is mostly derived from the French who, during their approximately twenty years of rule there, helped in shaping the administrative institutions. Before the French, Lebanon was subjected to a long period of Ottoman rule which left Its traces on the administrative machinery. It is definitely during the French mandate that the principles of administration and governmental Institutions really began to crystallize and take shape.

Since the days of the mandate, the Lebanese administration has developed and expanded from a small and relatively simple machinery with limited and basically administrative functions to a larger and more complex one with increasingly wider and more technical functions.

From 3,71*9 employees in 1927 and total salaries of L.P. 1,219,2701 the figure jumped to approximately 16,000 employees with salaries total­ ing L.P. 69,902,599.2 In this same period of time, the number of minis­ tries, excluding other governmental departments, jumped from seven ministries in 1927,*^ to fourteen ministries in i960 (Justice, Foreign

^George Grass muck and Kamal Salibi, A Manual of Lebanese Adminis­ tration (Beirutt Public Administration Department, American University of Beirut, 1955), p. 6.

^Lebanese Ministry of Finance, The Budget for 1959 (Beirut: Dar A1 Funun Press, 1959).

3Justice, Interior, Finance, Public Works, Education, Agriculture, Public Health and Assistance. 73

Affairs and Emigrants, Interior, Finance, Matlonal Education and Fine

Arts, Public Health and Assistance, Labour and Social Affairs, Informa­

tion and Guidance, Public Yorks and Communications, Agriculture, na­

tional Economy, Post Telephone and Telegraph, Planning, Yational

Defence). It is worthy of note that the Cabinet which was formed in

Lebanon in August i960, included one minister in charge of Rural Areas

and Municipalities and another in charge of Administrative Refora in

spite of the fact that there was no legal provision for the creation of

these two ministries. The constitution itself, however, does not impose

any limitations on the number of ministries.

Central Administration

The organization and structure of the central administration in

Lebanon displays a simple and uniform pattern with the Ministry, cor­

responding to the Department in the United states system, as the basic unit of organization. With the exception of a score of some autonomous

or semi-autonomous public corporations, whose employees are not consid­

ered as regular civil servants, there are very few agencies in the

Lebanese administration which operate outside the ministerial framework.

Some notable examples of these are the Civil Service Council, the

Central Inspection Service, and the Bureau of Accounts, all of them of

relatively recent origin and attached to the Prime Minister's office.

The Immediate offices of the President and the Prime Minister include a very small number of permanent civil servants, eleven and seventeen,

respectively, according to the 1959 budget. The ministries in Lebanon, varying in size from a minimum of

fifty-eight employees in the Ministry of Planning to 6,133^ in the

Ministry of Motional Education and Fine Arts, are all organized ac­

cording to a uniform pattern. Each ministry is usually headed by a

Minister who is responsible for administering its affairs and applying

all laws and regulations pertaining to it. The Minister, a political

figure who exercises full and ultimate authority over his ministry is

assisted by a Director General who is a career civil servant and serves

as the chief assistant to the Minister. The Director General advises

the Minister on all natters relating to the work of their ministry;

however, final authority lies with the Minister who can, at any time,

overrule his Director General, The Minister may, and usually does,

delegate some of his powers to his Director General; the extent to which

this is done varies from one Minister to the other depending upon, mary

factors; such as, the previous experience and knowledge of the Minister

with the administrative problems of the ministry, the competence of the Director General, and the working relationships of the two. One of the main problems or deficiencies of the Lebanese administration has been the lack of any proper, clear definition and division of the power of

the Minister and the Director General. This has often been a main source

of controversy and conflict between the two and should be resolved to provide a smoother, more efficient functioning of the system.

^This figure includes several thousand teachers in the public schools. The major administrative subdivisions in the ministry are the

Directorates General, which are subdivided into Directorates, which in turn are subdivided into Services, Departments, and finally into Sec­ tions— the lowest units in the ministerial hierarchy* This organiza­ tional structure is typical of all ministries with variations only in the number of subdivisions, depending on the size and scope of each ministry.

One can easily discern the influence of French administrative traditions in the Lebanese organizational pattern. True to French tradition, the system in Lebanon has also provided for a high degree of concentration of authority. The Lebanese administration is a highly concentrated, highly authoritarian one where decisions on minor and routine operations must be made at the highest level In the administra­ tive hierarchy. Top adeinlstrators, the Minister and Director General are overburdened with unnecessary details, distracting them from more important matters of policy and management. It is not uncommon to have some of these minor questions referred to the Cabinet for a final decision. This over-concentration of authority was instituted by the French during the Mandate in an attempt to tighten their hold over the public service and was later continued during the independence period by suc­ cessive regimes in pursuit of their own interests. It should be pointed out here that the lack of properly qualified, trained personnel in the

Lebanese administration has greatly hindered some efforts for delegating authority. The p rob lee of over-concent rat ion of authority coupled with

exceedingly lengthy a n A complicated procedures have resulted in what is

probably the most pressing problem of the Lebanese administration— the

delay in the dispatch of official business, paralysing government opera­

tions. This delaying of official business has aroused strong public

resentment and criticism. Completion of the most sbq>le and routine

transactions is a lamentably slow operation, normally taking weeks or

months, and usually requiring action by a dozen or more government

officials. Proper delegation of authority and the re-assignment of

responsibilities cannot free the public administration from red tape,

drudgery, and complicated operations unless accompanied by a significant

improvement in work methods and procedures. A careful investigation of

existing procedures should be undertaken in order to simplify or dis­

card these outmoded, inefficient administrative techniques.

This over-concentration of authority in Lebanon, as Hr. Culbertson

points out, extends into the legislative sphere, where Parliament usually

includes in its legislative statutes much adminlstrave details, which

should normally be left to the discretion of a

This practice limits the freedom of action of administrators and de­

prives them of certain powers essential for the proper discharge of

their assigned functions. A notable example of such a practice is the

fact that the cadre of each ministry Is determined by statutory laws and

^Robert Culbertson, "Report and Reco*endatlons to the Government of Lebanon for a Program of Public A

In addition to this over-concentration of authority, the Lebanese administration suffers from excessive departmentalisation in its minis­ tries. Each ministry Is, to a great extent, a self-contained unit acting independently of other sister ministries. There is practically a complete lack of lateral relationships between ministries. That is to say, a certain unit in one of the ministries does not have direct access or communication with a unit of the same hierarchical level in another ministry. Any contact or communication between the two must be channeled through the Director General of each ministry, thus greatly obstructing the normal flow of work and seriously undermining coordination between the various ministries.

The Council of Ministers, which is the apex of administrative hierarchy in Lebanon, has also failed to effect the necessary coordina­ tion among the various ministries. The Council of Ministers is swamped by trivial and routine work which should normally be finalised at mich lower levels In the administration and is left little time to devote to more important policy decisions. This lack of coordination can be some­ what overcome by the creation of a central staff and control agency attached to the office of the Prime Minister. The recent establishment of the Civil Service Council, the Central Inspection Service, and the 70

Bureau of Accounts m s partly mined at achieving some badly needed coordination in the Lebanese administration.

In discussing the central administration, special mention should be made of the Hinlstry of Finance, which plays a key role in a

Besides budget responsibility, the Ministry of J^nance makes a comprehensive and total pre-audit of all government expenditure. Vo expenditure of money, no matter haw small or trivial, can be effected without the prior approval of the Hinlstry of Finance. This means that any request for the expenditure of money by any government department has to be submitted to the Ministry of Finance for its approval. This cen­ tralisation of financial control, although it has provided for certain measure of coordination and uniformity, has been one of the main causes of delay and obstruction in the public service. A simple request for the purchase of a small item is normally a very lengthy and time- consuming operation which cannot be effected without the approval of the

Ministry of Finance.

In addition to the Hinlstry of Finance, the Bureau of Accounts, which was established in 1953 and was intended as a post-audit agency, has been vested with extensive pre-audit functions. This duplication of pre-audit functions is a completely unwarranted practice which 79

imposes ft serious handicap to the saooth and proper conduct of adminis­ trative transactions.

In this respect, it should be noted that the Ministry of Finance and the Bureau of Accounts in their attempt to insure fiscal accounta­ bility have strictly adhered to the letter of the law and have displayed a very negative attitude without any regard for the over-all considera­ tion of stimulating and expediting administrative action. This attitude has specially affected devclag*ent projects which are badly needed in the country and whose implementation has been retarded by the strict and rigid application of existing financial regulations.

It is unfortunate to note that the recent attempt at administra­ tive reform which took place in 1959 *as unable to free the public service from encumbrances of financial control. Decentralisation of financial control to the individual ministries was ruled out on the pretext that there were not enough qualified and trained employees out­

side the Ministry of Finance to perform such work. The public accounting

law was, strangely enough, revised to extend the pre-audit powers of the

Bureau of Accounts instead of abolishing then.

Field Administration

Lebanon is a small unitary state with a system of regional a<^in-

istration highly similar to that of France. The country is divided into

five main provinces called Huhafasate which correspond to the department

in France.*’ Each Mahafasah is headed by a Muhafiz who is the highest

^These are Beirut, Betas', Mount Lebanon, lorth Lebanon and South Lebanon. 6o

authority la the province and whose role corresponds to that of the

Prefect In France* The Mu he fa gate are, in turn, divided into twenty-

four Qmdas each of which is headed Jay a Qmlmaqam, playing a siailor role

to that of the sub-prefect in France.

The Mubafjg is the representative of the central government in

his province and, as such, is responsible for the administration of all

its affairs. He is the chief executive officer and heeds all government

departments and offices In the Muhafagah with the exception of the

Judicial courts, which are independent, and the atpy units, which are

subject to direct control by the Ministry of Defence in the capital.

Practically every ministry In the central government has an office In

the Muhafagah, and the responsibility for over-all direction and coor­ dination of these units is vested in the Hhhafiz who is directly

responsible to the Minister of Interior.

Just like many other aspects of the atkinistration, central-field relationships in Lebanon are characterised Joy an over-concentration of authority. The Muhafls, the chief executive officer in his Mnhafasah,

Is highly dependent on the Ministry of Interior for guidance and inf stractions in the discharge of his functions. The Muhafls does not enjoy the discretion and independence of action which is necessary in such a position. lie must be in constant contact with his superior, the

Minister of Interior, and must confer with him before making any important decision. Until very recently, the Muhafjg did not have enough power to grant a hunting license for citizens in his Muhafagah. They had to go to the capital for such a simple and routine transaction. 61

It should be pointed out here that the Muhafiz is In a very unenviable position and has to act very cautiously and diplomatically if

be desires to survive in his position* As the top achinlstrator in the

Muhafagah, he is responsible to the central governmentj but, at the same

tine, he is subject to great pressure from local politicians, and especially from deputies in the areas whose demands and wishes cannot be

ignored. Such dissatisifed politicians and deputies can often force the

removal of a Muhafiz who proves to be uncooperative and not responsive

to such local needs and demands.

Because of this somewhat unique role which the Muhafiz plays, he

is subjected to different laws from those which govern regular civil

servants. He is, to a certain extent, a political appointee and is not

recruited through examinations as are the rest of the civil servants in

Lebanon. The law, however, specifies that the Huhafiz shall be appointed by a decree of the Council of Ministers from among existing civil

servants or from outside people possessing a law degree.? He can also be transferred by a similar decree taken in the Council of Ministers. a The Muhafiz is assisted in his work by a Muhafagah Council over which he presides and which is composed of the Director of Finance of

the Muhafazah, all the Qalmaqams in the Muhafaamh and two representa­ tives for each Qada1 chosen from the various professions. They are

^Decree Law 116 of June 12, 1959, in Adlb Y. Sader, Collection of Decree Laws (Beirut: sader Press, 1959), Vol. I, Article 5, p- 151.

is an exception and has ir; such council. appointed by a decree made in the Council of Ministers upon the recom­ mendation of the Muhafiz.^

The Council of the Huhafazah is basically an advisory body end renders advice to the Muhafiz on all matters relating to the development and improvement of the Huhafazah, specially in the fields of economics, agriculture, bealtb, social welfare, and ptysical development. This

Council is assigned a special role for the improvement of conditions in areas and villages where there are no municipalities to handle local affairs and problems. However, the role which this council has played up to now has been somewhat limited. The decree law of 1959, was in­ tended to extend council powers and to make it a more effective tool of regional administration; it is still early to evaluate the actual importance of these newly formed councils in the various Muhafazate, but it seems that field administration in Lebanon can benefit tremendously from such devices, specially in view of the limited role which locally elected bodies in Lebanon are allowed to play.

The Qatmakam, on the other band, is the chief executive officer of the sub-district in the Qada1 and assumes the same role which the

Muhafiz assumes in the Muhafagah. He is directly responsible to the

Muhafiz who is his only link with the central administration. Again, the Qatmakam is considered somewhat of a political appointee, the method of appointment and required qualifications being the same as those specified in the case of the Muhafiz.

^Decree Law 116, og. clt., Article 1*7, p. 155. Local Goverowent

In the field of local government;, Lebanon displays a highly centralized system where local communities arc allowed very little independence and autonomy in the handling of their own affairs. Local government tradition dates back to the days of the Ottomans who intro­ duced a very rudimentary, limited system of local government to the country. This was later modified and developed by the French during the

Mandate period, and local government principles and institutions have been patterned mostly after those of France.

The French, however, were not always willing to encourage the

independent and full-fledged application of local government practices.

They did not think conditions in Lebanon were yet ripe for the healthy and proper functioning of such new and somewhat alien devices. Besides,

Lebanon, at the tine, was suffering from sharp political, social, and religious differences, which still persist today, and which threatened the existence of the country itself. The encouragement of local autonomy might further such dissent ion and lead to highly undesirable results.

The constitution in Lebanon includes no mention whatsoever of local government, thus leaving such a matter to be covered by laws.

Decree Lav lo. 5, dated December 10, 1 95b, governsthe operation and functioning of local government units in Lebanon.

Each village in Lebanon, with a population of five hundred or more, Is allowed a municipality.1^ Municipalities are classified into

l0Decree Law lb. 5 of December 10, 195b, in Adib Y* Sader, og. cit., Article 1. two categories, large end n i l 1, depending on the number of people in

each village, town, or city. Manicipal{ties can, in certain cases, be

created by a special decision of the Minister of Interior upon the

recommendation of the Hahafiz.

The for* of Municipal government is simple and uniform throughout

the whole country.11 Each municipality Is governed by a mmicipal

council elected for a period of four years by general suffrage. The

number of councilors in each council is proportionate to the population

in the city. This council is vested with decision-making or legislative

authority and is presided over by a President of the Municipal Council,

the chief executive officer of the municipality. Local government officials In Lebanon are not covered by the civil service lavs of the

central government but operate, instead, under special and separate lavs.

Local authorities in Lebanon are subject to strict supervision

and control by the central government through its agent, the Muhafiz who exercises the power of tutelle administrative over the municipalities.

The Muhafiz has to approve many of the decisions of municipal councils before they become binding. He can also revise the budget by either refusing or adding certain items. In certain cases, the Muhafiz can

dissolve the municipal council and can personally assume the responsi­ bility for municipal affairs himself. In many instances, and mainly in the case of large municipalities, the central government imposes certain conditions which should be observed in recruiting some of the key

^Vlth the exception of Beirut and Tripoli, the two largest cities. ■unic 1pm 1 officials; and, in the case of Beirut and Tripoli, the central

government directly appoints some of these key officials. Finally, all municipalities In Lebanon are subject to administrative end financial

inspections conducted by the Ministry of interior and Finance, sometimes

leading to the dissolution of the municipal council.

All of this reveals the fact that in Lebanon local authorities

are subject to excessive control froa the center and are not aliened to play a significant role in local natters. The country has been sub­

jected for a long tiae to highly authoritarian Ottonan and French rules

and has not been allowed to develop that sense of respect for local

rights and freedom which is, in general, typical of Anglo-Saxon coun­

tries. Also, the country is very small and can be easily administered

frcm the center; and, as a result, there is no serious demand or pressure on the government for decentralizing authority. Lebanon will,

in all probability, continue to use this system for a long tiae to come. CHAPTER V

EMPLOYJcarr p r o c e s s

During the mandate end early Independence period, the Lebanese ecMinistrmtion operated without the benefit of e civil service lew. There were instead a score of scattered decrees and arretes which regu­ lated the various aspects of personnel administration in the public service. The first attcnpt to enact a modern civil service law case in

1953 when the government was in the process of reorganizing the whole administration. The civil service lav which was finally adopted in 1953 was basically a codification of existing rules and regulations in the field of personnel administration. This law was far from satisfactory and had to be changed later. It was not until 1955 that a comprehensive personnel law was finally adopted; and this served the country with certain slight modifications until 1959# the year in which the govern­ ment undertook an over-all reorganization of the whole administrative machlnexy of the state.

Some of the proud achievements of this 1959 reform lay £n the changes effected in the field of personnel a (Ministration. The new personnel law of 1959* was basically the same as that of 1955. But a separate law2 was adopted which provided for a central Civil service

^Decree Law lo. 112, June 12, 1959* in Adif Y. Sader, Collection of Decree Laws (Beirut: Sader Press, 1959).

^Decree Law Mo. llli, June 12, 1962, in ibid. Council vhich uould act as a guardian of the personnel lav and play a dominant role In this respect. This sane lav also established for the first tine in Lebanon a lational institute of Public Acfeinistratlon vhich assumed responsibility for the preparation of candidates for the public service and the training of existing government personnel. It was thought that these two u i n achievements would go a long way in filling an important gap in the Lebanese system of personnel ada ini at ra­ ti on.

In attempting to deal with the problem of personnel administration in this and subsequent chapters, ve will concentrate on the 1959 lav.

However, seme of the improvements introduced by this lav, specially with regard to the central Civil Service Council and the lational institute of Public Actaini strut ion, have not taken final shape yet. As a result, it may be difficult, as well as somewhat premature, properly to appraise and evaluate such developments, but ve shall try to do this to the extent that It is possible.

The employment process is naturally one of the moat important aspects of personnel administration and plays a significant role in determining the quality of personnel and, consequently, their perform­ ance and the service Which they can render to the public. It is true that Lebanon, even as early as the mandate days, had some arretes which regulated public employment, but these did not really constitute a purposeful and systematic mechanism vhich could ensure the selection of competent and qualified staff for the civil service* As a result, the

Lebanese administration has been saddled with a large number of poorly 88 qualified personnel who cannot possibly serve the needs of a continu­ ously growing bureaucracy, it is hoped that the new personnel policies embodied in the 1959 law will help to overcone this basic defect in the

Lebanese civil service.

Recruitment

The first important step in any employment process is that of recruitment; nmmely, the attraction of a sufficient number of qualified personnel to coapete for government jobs. Recruitment for government jobs in Lebanon is subject to soae serious limitations which greatly hinder efforts to get well-trained and capable people into the public service.

The first important consideration affecting recruitment in

Lebanon is the shortage of well-qualified candidates In certain fields.

This problea becomes more acute in view of the expanding activities of the government and the growing need for the services of technical and specialised personnel. It must be admitted that educational and training facilities in Lebanon have not kept up with the developing needs of the country. There has been no attempt on the part of the government to establish necessary assoclations with educational institutions in order to have their program at least partly geared to governmental needs. It is only lately and with the help of the Agency for Inter­ national Development (A.I.D.) funds from the Uni ted States government that the American University of Beirut has undertaken to train a number of candidates from different Near Eastern countries in certain special­ ized fields for future service with their respective governments. The 8? newly established Rational Institute of Public Administration in Lebanon will help in preparing candidates for administrative posts in the higher

civil service. But these two developments are not by any means suffi­ cient to fill this major gap in the Lebanese civil service. It is not

intended to convey the impression that the Lebanese government cannot

find well-qualified candidates to fill any of its vacant positions.

This is far from being the case. In many instances, the government is

faced with a situation where there is a super-abundance of qualified

candidates. This is particularly true on the clerical and sub-clerical

levels of the administration. But in certain other fields where

specialised training is required, the shortage of such experts as

statisticians, economists, nurses, personnel technicians, and Organisa­

tion and Methods technicians is severe; and the government is faced with

a serious problem.

This problem is further complicated by the fact that the govern­ ment, especially lately, has been having trouble competing with private

industry for the very limited supply of such specialized personnel that

is available. The prestige of the civil service in Lebanon is not very high, and most candidates would rather work for a private firm than join

the public service. One of the influences of the Vest on Lebanese society is a growing respect for, and even glorification of business activity and individual achievement and success in this field. This typically American mental attitude has found fertile ground in Lebanon which has one of the freest economies In the world.

Besides all this, the government in Lebanon has not yet been able to match the salaries paid by private firms. There is a general 90

recognition that government salaries are very lou^ and need to be adr*

justed, and this has been one of the main concerns of oore than one Cabinet. The latest estimate made £s that govement^wlde salary increases would cost the treasury approximately L-L- thirty million in additional expenses, and the government has not found ways for financing such a substantial increase in the budget. These two factors— shortage of qualified candidates in certain fields, and the low salaries and,

consequently, poor prestige of government service— have seriously affected the recruitment process in the Lebanese administration.

According to the new personnel law of 1959> recruitment becomes the responsibility of the central Civil Service Council. This is a decided improvement on the previous system under which individual minis­ tries handled their own recruitment and other personnel problems entirely Independently of each other, tins producing an appalling lack of coordination and simultaneous duplication of effort.

The Civil Service Council now undertakes to recruit candidates for government jobs upon request from individual ministries. The Civil

Service Council has no regular periodic program for recruitment but operates according to the developing day-to-day needs of the various ministries. One important point should be made clear here; namely, that the number of staff allocated to each ministry, and their grades and

^A recent comparative study and cost of living study which was conducted by the Political studies and public Administration Department of the American university of Beirut for U1EHA revealed that government salaries in Lebanon fail much behind those of leading private employers. 91 salaries, are determined by law and incorporated in what is referred to as the Ministry*s cadre, lb ministry can alter this cadre without legislative authority. All it can do is determine the nuttier of posts in its approved establishment that it still needs to fill and inform, the

Civil Service Council; from then onwards, the matter is left pretty much in the Council*s hands.

The personnel law stipulates certain general requirements which each applicant for a civil service job should meet. The first condition

is naturally that of citizenship, and no person is allowed to compete for a government jab unless he or she has held Lebanese nationality for at least ten years.^ The minimum age for all civil service Jobs is twenty. The maximum is thirty-five for applicants to the fourth and fifth categories, the lowest two in the service. For candidates for the first, second, and third categories, the difference between the applicant*s age and the specified retirement age should not be less than the minimum period which a government employee must serve before being permitted to retire

Thus, the age limits provided by the law are somewhat flexible and permit the employment in the top three categories of people who possess matu­ rity and experience.

Another general requirement is that each applicant for the public service should be physically fit as certified by a report from an

^Decree Law 112, June 12, 1959* g>* cit., Article U.

^Ibid. 92 official doctor or medical committee. The government has not been strict In observing this provision of the lav.

Finally, no applicant is allowed to compete for a civil service vacancy if he has been convicted of a felony or mis demeanor. Such a provision applies even to persons vho have been convicted and later pardoned.^

Besides these general conditions, each ministry may specify any other requirement vhich it considers desirable for certain special jobs.

As far as academic qualifications are concerned, these vary with the different categories and are carefully outlined in the lav. One of the characteristic features of the Lebanese personnel system is its excessive emphasis on academic degrees, and especially lav degrees*

This is typical of the European continental system and has been in­ herited from the French. This has been one of the waknesses of the system in Lebanon because it has resulted in a civil service veil staffed with holders of academic degrees but inferior in efficiency and performance. Theoretical training, although essential in any civil service, cannot replace practical knowledge and experience; and the

Lebanese administration should be re-oriented In order to allow for a balanced compromise between these two approaches.

Applicants for positions in the fifth category, vhich is the lowest, are not required to possess any academic degrees but have to participate in an examination vhich is administered by the Civil Service

6Ibid. 93

Council, positions in this category include those of janitors, messen­ gers , drivers, etc.

Applicants to the fourth category in the Lebanese civil service, vhich includes clerical and sub-clerical positions, have to pass an examination and should possess at least a Lebanese Baccalaureate degree first class or its equivalent. Applicants for positions of postal clerks, telephone operators, and typists within this group are exempted from the degree requirement.?

Applicants for positions in the third category, vhich embraces higher clerical and lower administrative positions, should possess a

Licence in Lav or an equivalent university degree. Any employee who has spent ten years of service in a certain category can apply for a posi­ tion in the higher category regardless of his academic qualifications.

Each ministry can also determine the special qualifications required from applicants for technical positions.^

Appointments to the second category are made by selection from employees in the top two grades in the third category, provided they have successfully completed a training program at the lational Institute of Public Administration. In certain special cases, and vith the approval of the Civil Service Council, appointment to the second cate­ gory can be made through an examination in vtiioh employees of the third category and outside persons vith a university degree can participate.?

?Ihid., Article 7. 8Ibld.

?Ibid., Article 11, 9h Appointments to the first category are made by selection from employees in the top three grades of the second category provided their names have been included on the promotion list. In certain exceptional cases, candidates from outside who have the necessary experience and higher university degrees can be appointed to the first category pro­ vided the number of such appointments does not exceed one third of the vacant positions in this category.^

Bov, whenever there is a vacancy to be filled, the ministry con­ cerned informs the Civil Service Council of the nature of the position and applications are solicited from all qualified persons. The lav specifies that such advertisewents should be announced over the radio and inserted in at least three daily newspapers, with a minimum period of fifteen days for the filing of applications. They are usually brief statements, which include a reasonably detailed outline of the required qualifications but practically no information about the actual job to be filled.

Up until now, the Lebanese government has not devised an official application fora for use in the recruitaent process. Applications are aade by means of ordinary letters uhich form a soaevhat awkward medium for recording information about prospective government employees.

The Civil Service Council examines all of these applications plus the supporting documents and weeds out candidates who do not possess the required qualifications. On the basis of this preliminary check, the

10Ibid., Article 12. 95 Civil Service Council prepares a list of candidates who are eligible to participate in an examination. The decision of the Civil Service

Council on the eligibility of applicants is a final one and cannot be appealed to any higher authority.11' Under the previous system in

Lebanon, it was possible to appeal such a decision to the Council of

State which could annul it on grounds of exces dea pcuvoirs; but under the new law no such appeal is possible. Such a policy involves an element of arbitrariness and deprives citizens of a basic and elementary right and has been criticized by various circles in Lebanon.

With the preparation of the list of eligible applicants, the recruitment process comes to an end and the second stage of employment— namely, examinations— starts. But before proceeding to a discussion of examinations, another important characteristic of recruitment practices

in the Lebanese administration should be pointed out.

Recruitment procedures as provided for in lav seem to be quite reasonable and adequate in scope. But in applying these provisions, the government has, in Act, displayed a basic lack of awareness and under­ standing of the real purposes and objectives of modem recruitment programs. The attitude of the government is fundamentally a negative one and aims mainly at the elimination of unqualified applicants through the si^>le routine of going through submitted applications. There is no positive attempt to make a serious search for fully qualified candidates, much less to encourage them to apply for civil service jobs. The only

11Xbld., Article 8. incentives employed are the simple, dull, end unattractive advertise­

ments in the papers and over the radio. There is no vigorous and

aggressive program of public relations Keyed to attract candidates to

the service. There is hardly any atteapt by the government to contact

potential sources of applicants at regular intervals and to establish

friendly relationships with then. All of these factors have greatly

undemined the usefulness of existing recruitment policies. What the

government really needs is a change in its attitude and in its very con­

cept of recruitment rather than a mere change in the lair which can with

the proper attitude and approach be put to effective use*

Examination and Appointment

The personnel lav in Lebanon provides that with very few excep­ tions no appointments can be made to any positions in the classified civil service except on the basis of examinations. Until recently, examinations in the Lebanese government were prepared and administered separately b y individual ministries. In 1959* the newly established

Civil Service Council was entrusted with the responsibility of preparing and conducting examinations for all vacancies throughout the Lebanese administration.

Thus, following the preparation of the list of eligible appli­ cants which was discussed earlier, the Civil Service Council appoints an examining committee to prepare examination questions, a

committee prepares a list of eligible candidates ranked in the order in

which they have passed, fron which appointments are made. This list

reaains valid for a period of one year. The Civil service Council

reserves to itself the right to treat any examination as null and void,

provided such a decision is made before the public announcement of the

results.

A careful study of the examination process in Lebanon reveals a

serious gap between the provisions of the law and its actual application.

It is true that the Lebanese law recognizes examination as the best tool

for the selection of government employees, but the way they are used in

Lebanon makes them ineffective in the evaluation of the relative merit

of candidates. The proper and effective use of examinations for person­

nel selection presupposes certain conditions uhich are still non-existent

in Lebanon.

The first observation to be made about this process in Lebanon is

the fact that the examining committees which prepare, administer, and mark examinations usually lack well-qualified and trained experts. It

Is true that they Include experts in the various fields of study con­

cerned, but they r a r e l y Include any skilled members in the preparation of examinations. As a result, the examinations are apt to be poorly

constructed and to provide an unreliable basis for measuring the rela­

tive knowledge and abilities of candidates.

Another important consideration is the fact that examinations In

Lebanon are not properly related to the requirements of the positions being filled. Vo use is made of descriptions as a scientific basis for the preparation of examinations. Whenever a vacancy occurs, the com­ mittee prepares an examination on the basis of its own understanding of the requirements of the job rather than on the basis of a detailed and carefully prepared description of the post in question. Such an atti­ tude is fundamentally the result of a lack of awareness of the signifi­ cance of job descriptions, and it will have to be changed if the jpvernment wants to prepare realistic and reliable examinations.

Examinations in Lebanon are very "theoretical” in nature and tend to concentrate on assessing the general academic knowledge of applicants.

Such a type of examination cannot detect and measure specialized knowl­ edge and experience which may be essential for efficient performance In certain jobs. What is more important is that there are some indications that the examination system for civil service jobs in Lebanon is closely geared to the curriculum of one particular university in the country.

This means that graduates of the other universities, although allowed to

Q c m p e t e for civil service jobs, are really at a great disadvantage, because of the way in which examinations are prepared. This policy has seriously affected the composition of the public service in which gra­ duates of the St. Joseph University far outnumber the graduates of the

American or Lebanese Universities.

Finally, one cannot fail to observe that the government in .

Lebanon is unaware of many of the changes and improvement which have been effected in this field. It is well known that research in the sphere of testing and psychology has resulted in some significant developments which have definitely enhanced our capacity to discover and measure human abilities. The Lebanese government has not made use of such new developments yet. There is hardly any use aade of such new developments yet. There is hardly any use aade of abjective examina­ tions which are very useful devices for measuring certain specific abilities. The interview, which is a very effective method of selection and one which has been greatly refined and perfected, is also rarely used in Lebanon, lor has the government bothered to recruit the neces­ sary specialized staff to conduct research and experiments in various fields of selection in order to adopt the most suitable and effective means for its own use. The whole examination system is still in the hands of amateurs who possess neither the knowledge nor the training required for coping with such a specialised job.

All these factors combine to indicate that there are some serious flaws in the program of civil service examination which makes it far from valid and reliable. It seems that examinations in Lebanon have served mainly to reduce the influence of political interference and nepotism in the choice of applicants rather than help in ascertaining and measuring the true abilities of civil service candidates. The widespread criticisms of the public service and the numerous attempts at administrative reform in the country are like indications of a definite dissatisfaction with the level of performance of the administration. It seems that the selection methods, despite the good intentions of the legislators, have somehow failed to bring into government service suf­ ficiently qualified and competent employees. The Lebanese government, which is now so anxious to improve the quality of its personnel, has 100 taken one important step towards this goal by establishing a public administration institute which will provide specialized training for a large nuaber of civil servants. Another important move which should be aade in this connection rests in the revision and improvement of the selection methods currently in use. Without such a change the govern­ ment will continue to hire personnel of mediocre or inferior quality and so add to the burdens of an already far from efficient civil service.

Following the preparation of a list of eligible candidates on the basis of their performance in the examination, the next step should be tte actual appointment of the required number of candidates. The

Lebanese personnel law provides that appointments to the public service should be according to the order of success in passing the examination;

I.e., that the candidate who has scored highest in the examination 12 should be appointed first. This is the normal practice in most coun­ tries which follow the system of competitive examinations and is in accordance with the merit system. But, despite the legal code, such a practice is not applicable in Lebanon because of the notorious article

95 in the constitution which takes precedence over any statutory provi­ sions. This constitutional provision specifies that in making appoint­ ments to the Cabinet and the public service, the government should ensure an equitable representation of the various religious cownitles in the country. This provision, strangely enough, is in contradiction to article 12 of the constitution which states that in making appointments

12Ibid., Article 9* 101 appointments to the public service no discrimination should be made between candidates except on the basis of ability and merit. But despite this clear acceptance of the principle of merit in article 12 of the constitution, the policies and practices in this context have been, and continue to be, strictly governed by article 9 5 * This religious or sectarian factor, as was explained earlier, has profoundly influenced the political and administrative system and is still a determining social force in the country.

What this means in practice is that civil service jobs are allo­ cated to the various religious sects according to a certain prescribed ratio which has to be observed in making appointments quite regardless of the results of the examinations. Although such an arrangement is an informal one and is not incorporated in law, yet it is strictly adhered to by all Lebanese governments and so imposes a serious limitation on the application of the merit system, it is often impossible for the government to appoint the best candidates, as revealed by the examina­ tion, to a public office because of religious considerations. If a certain position, for example, is traditionally reserved for the Shi1 a sect, the best Shi*a candidate will be appointed to it despite the fact that he may have been beaten in the examination by a score of other candidates who happen to belong to a different religious sect. This problem is further accentuated by the fact that the rate of well- educated and trained personnel varies considerably among the different sects. 102

Such a discriminatory practice is, of course, abhorrent and completely inconsistent with the merit principles embodied in the

Lebanese civil service laws. But, unfortunately, it has been impossible to eliminate it, because religious loyalties and considerations are deeply rooted in the Lebanese mentality and society alike.

Appointments to positions in the fifth category are made through a decision of the Minister concerned after the approval of the Civil

Service Council. Appointments to positions in the upper four categories need the signature of the President of the Republic. The Civil Service

Council also has to approve appointments to categories four, three, and two.

Until the year 1959, when the Civil Service Council was created, the actual power of appointment lay with individual ministers and with the Council of Ministers. As such, the whole appointment process was subject to political and other pressures which greatly undermined efforts to apply merit principles. However, with the creation of the

Civil Service Council and the important role assigned to it in the fields of recruitment and selection, it is expected that the influence of such outside forces will be significantly reduced, if not completely eliminated. It is still too early to evaluate properly the role and contributions of the Council In this respect because it has been in existence for a very short time, but there are some signs that many politicians and deputies are not at all pleased with its activities because it has imposed a definite limitation on some of their own powers. One final point to be made about the appointing procedure is that it is often an unduly lengthy operation; several months can pass before a candidate actually takes up his duties. The decree of appointment, which has to be signed by the Minister, the President of the Republic, the Civil Service Council and, in certain cases, by the Council of

Ministers has also to be referred to the Ministry of Finance and the

Court of Accounts for a pre-audit. An appointed candidate has to wait until his decree has gone through all these channels before be can be officially put on the payroll.

Recruits appointed to the fifth, fourth, and third categories are put on probation for a period of one year. Mewccners to the first and second categories are exempted from this requirement.^ Each ministry is required ty law to provide employees on probation with soae kind of introductory training which will help them to adjust easily to their new work. This training also affords the ministry an opportunity to decide which employees should be retained or, alternatively, dismissed at the end of their probationary period. Such a probationary period, if properly utilized can be of tremendous value to any organization and can serve several worthwhile purposes. The Lebanese government, however, has not shown any understanding of the iaportance of such a system.

There Is hardly any training for new employees, who are left completely on their own in their first, and usually most difficult, year of service.

Besides this, there is no systematic observation of the work of such

*3jhid., Article 10. employees during this period in order to determine whether they should

be retained in office or not. The law provides that new employees can

be dismissed, with the approval of the Central Inspection Service, at

any time (hiring their probationary period. One would think that in

Lebanon, where recruitment and selection methods employed are both

unreliable and Inefficient, a high percentage of new civil servants

would be dismissed while still on probation. This is simply not the

case, however, because the various ministries do not go into the trouble

of carefully observing their new employees while they are on probation

and reporting on their performance. According to the best available

records and information, there has not been a single dismissal of a

probationary employee within the past three years. This certainly r offers no proof of the soundness and perfection of the selection methods

but rather points to laxity on the part of supervisors in taking con­

scientious advantage of the probationary period.

Promotion

promotion policy is, undoubtedly, one of the most important

aspects of aiy personnel system, and one which can exert a significant

effect on any agency's attempts to attract and retain properly qualified

employees. A sound and positive system of promotion can serve as a

direct incentive to qualified and competent young people irfio are en­

couraged by opportunities for advancement to make a career of government

service. Promotion is also a very effective means of rewarding good performance and inducing employees to improve their personal working standards. In a civil service like that of Lebanon where material 10$ remuneration and benefits fall far short of those offered by private

Industry, sound promotion policies assume added significance and can be utilized as an effective inducement in competing with outside fims for the limited supply of well-trained candidates.

On the other hand, an inadequate and unfair system of promotion can seriously undermine the morale of employees and adversely affect their performance. Dissatisfaction with such policies can result in the swift loss of valuable personnel who will try and seek advancement in some outside employment.

There is no universally accepted best system of promotion which can be easily adopted and applied by any interested country. Various advanced nations of the world have resorted to the use of different methods of promotion depending on their own circwstances and needs.

Lebanon has recently adopted a policy which endeavors to combine the characteristics of more than one system and which constitutes in a way a compromise between them. The Lebanese system may be said to have three distinct aspectst salary increases, advancement, end promotion. Each of these aspects will be discussed separately.

Salary increases are automatic increments which are granted to every employee solely on the basis of seniority. According to the present law,^ every civil servant is entitled to such an increment every thirty months unless he has been subjected to same kind of dis­ ciplinary action, one Important feature of this system is that employees

% b l d ., Article 32. 106

who have reached the top grade in their category continue to receive

these automatic increases until they reach the top grade in the next and

higher category. This is a generous policy In comparison with most

other systems which impose a ceiling on such increases by denying em­

ploy* * 3 vho have reached the top grade in their own category any further

automatic salary Increments. The previous personnel law in Lebanon was

even more generous and provided for unlimited automatic salary increases,

but this practice was abandoned because of the injustices which it

tended to Inflict on government employees. The change to the present

system has not really Involved any serious hardship because of the long

number of years required to reach the newly imposed ceiling.

This policy of automatic salary increases, as applied in Lebanon,

suffers from two basic flaws. The first is that automatic salary In­

creases which continue beyond the category in which an employee is

ranked constitute a violation of the principle of equal pay ^f or equal work. Under such a system, it is not uncommon to have a third category

employee, who through length of service and seniority, is paid a salary

which is equal to, or even higher than, that received by a second cate­

gory employee who is performing a more difficult and responsible job.

This, according to modern concepts of position classification and pay,

is both unfair and unjust.

The second defect in such a practice is the fact that these

salary increments in Lebanon are granted automatically to all employees

regardless of merit or performance. In 1953, the Lebanese government

introduced for the first time a system of performance rating which was ! 107 used as a basis for granting salary increments. Employees who did not attain a certain a Inin*, level of satisfactory performance were denied a salary increment. This system, however, proved to be a failure because it was inefficiently administered and it was later discarded.

It is obvious that a merit system pre-supposes a policy of salary increases which is based on the relative performance of employees.

Salary increases which arc granted indiscriminately to all employees represent a violation of the merit principle and offer encouragement for mediocre performance. The Lebanese government should revise its policy in this respect and should develop a system of performance evaluation which would serve as a sound basis for granting salary increases, *eedr- less to say, an inefficient and poor system of performance evaluation will do acre harm than good;and unless the government is ready and able to cope with such a problem, there is no sense in attempting anything of the sort.

The second aspect of the promotion system in the Lebanese Civil a Service is what is referred to in the lav as advancement. This is a system Which enables the government to advance the bestowal of automatic salary Increases to same of its employees In a period of six months.

Thus, instead of receiving an increment every thirty months, an employee would get it every twenty-four months.^ In June every year, each ministry sends to the Civil Service Council a list of e^>loyees recom­ mended for advancement (provided their number does not exceed 10 per

l5Ibid., Article 33. ioa cent of the total number of employees of that particular ministry) who are eligible for a salary increase during the coming fiscal year. It is up to the Civil service Council either to approve or reject this recom­ mendation.

This practice, which is somewhat similar to that by which awards for merit are granted by some governments to their more efficient employees, represents an attempt to recognize and reward good work. If it is properly handled, it can be an effective incentive to better per­ formance. But if it is handled in an arbitrary manner, it can result in serious dissatisfaction and resentment among government employees. It is impossible to judge the effectiveness and success of such a policy In

Lebanon since it has only been in existence since June 1959, but one cannot help questioning its feasibility in view of the absence of a performance evaluation system. Under such circumstances, any attempt to reward good performance is bound to suffer from a certain degree of arbitrariness.

The third and most important aspect of this problem is the pro­ motion of government employees to higher and more responsible jobs.

Promotion is defined by the law as the transfer from a certain position in one rank to another position in an immediately superior rank or category.1^ The Lebanese classification and salary schedule is some­ what peculiar in the sense that it includes five major categories, two of which are each subdivided into ranks. Thus, an employee can be

l6Ibid., Article 3U. 10? promoted by moving him from one rank to the one above within the same category, or by moving him up one whole category*

The law provides that no employee can be promoted from one rank to the one immediately above it unless he has reached the top grade in his existing rank. In October each year, the various ministries prepare a list of candidates recommended for promotion to a higher rank and submit it to the Civil Service Council with a supporting recommendation.

The Council has either to approve or reject such a recommendation. If it fails to reach a decision before the first of December, the reco^ mended promotions go into effect. The same procedure is used in connec­ tion with promotions from the third to the second category and from the second to the first.

Promotions from the fifth to the fourth category and from the fourth to the third are aade through examinations. Government employees in these categories compete with outside candidates taking such tests.

The only privilege allowed to government employees in these examinations is that those of them who have spent ten years or more in the service are allowed some marks in excess of outside candidates. This is not an unreasonable allowance.

A close examination of this system reveals certain weaknesses which greatly undermine its usefulness. One notable characteristic is that promotions are made between ranks and between the top three cate­ gories regardless of the existence of vacancies. Each year a certain number of promotions axe effected despite the fact that no suitable vacancies occur in the civil service. What actually happens is that 110

these promoted employees are given new titles and new salaries although

in practice they are still occupying the same positions and performing

the same duties. This is a peculiar concept of promotion but is hardly

strange in the light of the fact that the Lebanese adtinistratlon has

nothing in the form of a modem position classification plan. In fact,

the concept of the position as the basic unit in personnel administration

is as yet non-existent. Such a promotion policy has some sense in it if we realize that vacancies in the higher levels of the administration are very few. The rate of turnover in the Lebanese administration is very

small and any vacancies irfUch occur at this level are the result of

either deaths or retirements. Mow if the government decides to limit promotion only to filling these very few vacancies, it will be in­

flicting a hardship on some deserving employees tdio have been waiting for opportunities of advancement. By means of its present polity, it

can provide added opportunities and satisfaction for its personnel regardless of existing vacancies or the true needs of the service.

Another important point to be made here is that appointment to the top two categories of the Lebanese Civil Service are almost ex­ clusively made through promotions from lower categories. This is pro­ vided for in the law, although in certain exceptional cases vacancies in these two top categories can be filled by appointments from outside the service. Such a policy has resulted in a certain degree of stagnation through excluding from the service badly needed new blood. This is particularly bad in a civil service which has been recruited mostly through favoritism and through inefficient selection methods which have Ill brought into its ranks personnel of mediocre quality and caliber. A policy of exclusive promotion from within in the higher ranks of the service helps to bring into these top responsible positions people who are lacking in skill and training.

Another important observation to be made in connection with the promotion system is that there is no guarantee that recommendations for promotions will be aade on the basis of merit and comparative perform­ ance . Again it should be stressed that, without a sound performance evaluation mechanism, the system yields itself to favoritism and preju­ dice. Promotions through examinations to the fourth and third categories are not much better because the way the examinations are prepared and the lack of properly trained personnel in this field do not enable us to measure reliably differences in the knowledge and abilities of candi­ dates.

The final point to be made in this respect Is that there are no government-vide opportunities of promotion in Lebanon. Promotion is limited to employees of a single ministry vfio are normally discouraged from moving to other ministries. Such rigid departmentalization is a characteristic feature of the Lebanese administration which was in­ herited from the French and imposes severe limitations on employees and the government alike. CBLFTER VI

FOSrriQM GLASSIFICATIOI AID OOHPEISATIOM

Classification

It is a generally recognized fact that position classsification is the cornerstone of modem personnel administration. In the highly complex and specialized civil service of today, a systematic approach to personnel administration and, indeed, the whole concept of a merit system are inconceivable without a sound position classification plan.

The contributions of job classification to such aspects of the personnel program as recruitment and selection, compensation, internal control, training, service rating, transfers and promotion, etc. have been clearly established and need not be discussed here. It is this broad utility in a vide variety of fields that make job classification the

"backbone of the personnel program.

This concept of position classification is basically a Western one. In fact, it is to a great extent an American innovation which was developed and applied In the United States in the latter part of the nineteenth century. Its adoption by scve of the European countries has taken place only recently. Lebanon, which was under French mandate from

1923 to 19k3t applied a system of classification which was borrowed from the French at a time when it was not yet influenced by American practice.

Independent Lebanon has continued this same system with very slight

Velix A. ligro, Public personnel Administration (lew York; Henry Holt & Co.,1 9 5 9 ) , p- 3 * 3 ■ 113 modifications mad without taking notice of the various important developments in this field which were accepted by France itself. It is unfortunate to note that the recent reform movement of 1959, in spite of

Its ambitious and coaprehen3ive aims, completely overlooked this aspect of civil service reform. Hhat is more disturbing is the fact that the government does not seem to realize the significance of position classi­ fication and the essential role which it can play in the personnel program and, as a result, has failed to devote any attention to it.

The present classification system in Lebanon is essentially embodied in Legislative Decree So. 13, dated December 7, 1953, with certain minor modifications introduced by Legislative Decree Ho. lh, of

January 7, 1955, end the statutory law of May 7, 1957* According to these laws, government positions are divided into two groupings: admin­ istrative posts which comprise the majority of these positions and technical or special posts which are small in number and subject to different classifications. Administrative posts are grouped In a schedule which include five Grades^ with a number of very broad classes of positions alloted to each grade depending on the level of work. Each of these grades has a salary range and the law sets down rigid educa­ tional requirements for entrance to each grade and for promotion from one grade to another. These have been discussed in detail in the chapter on recruitment and selection.

2Grade one is the highest. Ilk

It can be seen that a position classification plan in the modern

and Western sense of the word is non-existent in Lebanon. The present broad grouping of positions into grades and classes is an arbitrary one

and has not been applied on the basis of any systematic study of the

duties and responsibilities of each position. As a result, the existing

classification plan in Lebanon suffers from certain basic deficiencies which are detrimental to the personnel program and the proper func­

tioning of the administration as a whole.

The first and most important weakness of the present classifica­

tion plan is that it provides a poor and inadequate basis for determining

salaries. The use of position classification in the preparation of pay plans is indispensable for guaranteeing equal pay for equal work, which

is a basic tenet of any merit system. In Lebanon there is no assurance

that such a principle is being applied because positions are not classi­ fied according to the nature of the work involved. According to Mr.

Culbertson, the classification pay plan is "too rigid and too general in

its classifications to permit sufficient pay differentiation between positions. The system forces you to pay people doing more responsible work the sane as those doing less responsible work."3 such inequities

in pay, which result from improper job classification, can be damaging to morale and to efficiency of performance. Some government employees

In Lebanon have repeatedly complained about this particular problem but to no avail.

^Robert Culbertson, "Report and Recommendations to the Government of Lebanon for a Program on public Administration Improvement," unpub­ lished report, Part I, page 21 (n.d.). The lack of an adequate classification plan and, consequently, of any job specifications or data about the requirements of various posi­ tions has seriously undermined the recruitment and selection systems in the country. The preparation of valid and reliable examinations for the testing of candidates cannot be properly completed except on the basis of a detailed description of the duties and responsibilities of a posi­ tion and of the knowledge, skill and experience required for efficient performance in that position. Such information is not available in

Lebanon and, as a result, candidates for the public service are often given tests which are basically irrelevant to the particular jab for which they are being recruited. It is this situation which has given rise to the frequently voiced caaplaint that Lebanese civil servants, in general, do not suffer from any lack of educational qualifications but rather from personal inefficiency. The improvement of the recruitment and selection methods of the Lebanese civil service and, consequently, of the quality of public employees cannot be effected without the devel­ opment of a sound classification of positions.

Finally, the classification plan in Lebanon is very misleading as far as titles are concerned. To begin with, the title of a government position, such as chief of service, does not give any indication of the precise nature of the job. There are hundreds, and possibly thousands, of chiefs of sections in different ministries of the government per­ forming work In totally different occupational fields, but all are given the same title. The same title, chief of section, is also given to a number of employees who are performing quite different jobs in terms of 116 difficulty and responsibility. The sane is true of other general titles used in the plan. Such ambiguities in titles are very confusing and in contradiction to the principles of merit which dictate that employees performing similar work should be treated e<(u&lZy even in such natters as their official designation.

In stressing the weaknesses of the existing system of classiflo­ cation we aust not overlook seme of its advantages. One of the obviois advantages is Its relative simplicity when compared with the intricate and complex pattern involved in a modem position classification plan.

The ease and simplicity with which such a grading plan can be developed and maintained makes it all the more appealing to a country like Lebanon which, at present, does not possess the necessary staff to initiate an elaborate position classification system. Heedless to say, another important consideration in this respect is the factor of cost which is negligible in the case of the present system in Lebanon. The number of staff needed to maintain the plan is very email, and the skill and abilities required of them are by no means hard to find mong government employees in Lebanon. Another obvious advantage of this system is the ease with which it can be adjusted in response to certain changes, especially cost of living fluctuations. Such modifications can be introduced easily by adding a certain percentage increase to the whole structure .A Again

^Frederick Bent, "Public personnel Administration," (lectures, Department of ftiblic Administration, American University of Beirut, 1955)t Lecture VTIf. (Mimeographed.)

4 117 this becomes a very intricate and time-consuming operation in a system based on job classification.

But such advantages do not by any means justify the continuation of such a crude and rudimentary system in Lebanon. There is no doubt that its advantages are so gravely offset by its many serious disadvan­ tages that the existing ranking plan in Lebanon should be relinquished

in favor of a new one based on the concept of classification in its full modem sense. One cannot deny that the ranking plan in Lebanon, which was installed by the French, has served the needs of the country rea­ sonably adequately over a long period of time. During most of this period Lebanon had a small and uncomplicated civil service whose main role was the maintenance of order and discipline throughout the country.

Beyond this, the administration rarely interfered in the economic and social sphere; and, as a result, the civil service was basically admin­

istrative with hardly any technical functions. But with the coming of

independence and the growing application of democratic practices, the civil service has undergone many changes. Although the role of the government in Lebanon today is basically one of laisses falre, there has been, nevertheless, a significant expansion in the civil service and in the activities which it is carrying out in several economic and social spheres. The Lebanese civil service Is a much more complex and tech­ nical enterprise than it used to be under the mandate system. The addition of many new specialized and technical jobs to the government service poses a serious problem of classification. Such new positions cannot be easily fitted into a simple and general ranking structure 110 which is essentially one for administrative and clerical operations.

This is why in Lebanon the government was forced to establish separate schedules for such positions in every ministry, thus creating a high degree of confusion «nd arbitrariness throughout the whole attaints tra- tion. Such a situation can only be corrected by the incorporation of all government positions, whether administrative or technical, into a single classification plan based on a careful examination of the duties and responsibilities of each position and its allocation to a proper grade on the schedule. It is only by adopting such a plan that Lebanon can avoid the confusion and injustices that currently permeate its classification and salary policies.

The unfortunate thing about the whole situation is that, at present in Lebanon, there does not seem to be much awareness of this problem and its seriousness, either among government employees or the public. As was mentioned earlier, the whole concept of position classi­ fication as developed and applied in Western countries is still alien to the Lebanese mentality. Such a situation constitutes a serious obstacle which must be removed if any improvements are to be accomplished in this field.

Even if we assume that the Lebanese government recognizes the need for Installing a modem classification plan, we still have to reckon with another problem; namely, the lack of adequately qualified and trained personnel to undertake such a project. It will take years of sincere and dedicated efforts on the part of the government to produce the required technicians to start work on such a plan and later 119 maintain it. It is to be hoped that the newly established Civil Service

Council in Lebanon, which is the government*3 central personnel institu­ tion, will come to grips with this problem in the near future; it cannot be neglected for long. The Civil Service Counci 1, in attempting to develop a central personnel system, will comprehend sooner or later the futility of installing a merit systea without the benefit of a system­ atic and scientific position classification plan.

Compensation

The problem of pay is one of the most important and complicated factors in a public personnel program because of its direct relationship to morale and to the government's ability to recruit and retain quali­ fied employees. It has been established that the morale of employees, whether in government service or in private business, is dependent to a significant extent on a satisfactory system of material remuneration.

As a result, a fair and equitable pay plan can go a long way towards enhancing the morale and, consequently, the performance and efficiency of government employees. The principle of equal pay for equal work, which is one of the basic tenets and assumptions of a merit system, can only be ^xplied through a sound classification and pay plan.

Adequate pay is also a basic requirement for a public service which desires to attract and retain human talent that can render essen­ tial services to the people. This problem becomes particularly acute in a country like Lebanon, wher^ the bureaucracy is in a transitional stage accompanied by rapid changes and expansion in its activities. These conditions necessitate the recruitment of large numbers of technical and 120

professional employees who are desperately needed for the implementation

of vital governmental projects, in order to secure these nev personnel,

the government should be in a position to compete with private firms which are operating in a market with a limited supply of qualified can­

didates. Any dilatoriness on the part of the government in this respect

can greatly hamper its attempts to launch and implement important

development projects.

As was mentioned earlier, this problem was highlighted after the

19^9 reform which resulted in the creation of a number of new departments

in the public service. The government encountered great difficulties in

its attempt to staff these nev departments because many qualified candidates declined to work at the low salaries they were offered. This particular experience has prompted the government to reconsider its pay rates and parliament is presently debating on this problem.

The problem of pay in a democratic country is further complicated by public dgaanri and insistence on combined economy and efficiency. In such a situation

. . . the administrator finds himself, therefore, confronted with conflicting pressures, one from the public servants desirous of a liberal wage policy, and one from the taxpayers eager to have running expenses reduced. Of course, the problem is not even that simple. Taxpayers want economy, but they also want public services. Economy of program, the reduction of activities to their bare essentials is one thing; an attest to secure a vide variety of public services cheaply is something else. Taxpayers should want the kind of pay policy and levels that will secure and retain an able staff, public employees who can give the brand of service the citixen wants. To harmonize the interests of all groups and to retain their confidence and support is a challenge to the constructive ability of both legislator and adaini s t rator. 5

This is true of Lebanon where it has proved particularly difficult to strike a proper balance between the two conflicting deaanris of better pay and greater economy because of the low prestige of the public service and the reluctance of the people to sympathise with a aore generous pay policy. In the light of these considerations, we shall try now to examine the wage policy of the Lebanese government and pinpoint some of its main problems and weaknesses.

The first attempt to establish a more or less uniform salary policy came in 1953 when the government issued legislative decree lo. 13 of December 7, 1953, setting forth, among other personnel rules and regulations, a classification and salary schedule for all "Actainistra- tive* positions; i.e., non-technical or non-specialized positions.

Besides this schedule, each ministry or govermental agency has its individual cadre and, hence, a classification and salary schedule for its technical and specialized personnel. This schedule established five grades, with each of the three lower ones broken down into two ranks with a small number of very broad classes of positions. Each rank and grade has its own salary range providing for a minimum and a aaxiaim level and a varying number of intermediate steps.

According to this law, appointment could be made only to the minimum step in every rank or grade. Salary increases were granted

%lenn 0. Stahl, Public Personnel Administration (Sew Torkt Harper, l?56j Uth ed.), p. 200. 122

automatically every two years in an employee’s gradeand every three

^ears thereafter. Until 1957, this was an unchecked process; there was

no limit to the number of salary increases that could he granted in the

manner described. But from then onwards, salary increases without pro­

motion were limited to an employee's own grade and the one Immediately

above i t . In 1955, to go back a little in time, the government Issued a new schedule which introduced some minor changes in the classification and

pay of civil servants. (Legislative Decree Mo. lli, January955 7,*) 1 Grade III of the 1953 schedule, which included two ranks, was split into two separate grades (III and IV in the 1955 schedule), and grades IV and

V of 1953 were renumbered V and VI. Grade I I of the 1953 schedule con­ sisted of seven grades and the salary ranged from L-L. 5B0 to L.L. 300 per month. This was changed by increasing the number of steps within

the grade from 7 to 10 and the salary range from L-L. 580 to L.L. 920 per month. The main reason behind th is change was th at promotion op­

portunities for civil servants of grade II were by definition very

limited. Host of them were unable to attain one of the few positions in grade I. Hence, internal pressure from this highly placed and powerful

group was brought to bear in order to acquire greater opportunities of

financial advantage.

In 1957, the Lebanese parliament passed a new lav which introduced

some important alterations to the 1955 schedule.^ The main objective of

^Decree Law Ho. it, January 7, 1955 in Adif Y. Sader, Collection of Decree Laws (Beruit: sader Press, 1959), Vol. VII. this lew was to provide for over-all increases throughout the entire salary scale. Whereas in the 1953 and 1955 schedules, the salary scale ranged froa L.L. 95 at the bottom to a maximum of L.L. 1,360 at the top, under the 1957 lav, the minimum was set at L.L. 100 and the maximua at

L.L. 1,500 per month.

In addition to this general raise in salary levels, the 1957 law reduced the total number of steps in the whole scale to fifty-four in place of sixty-five in 1955 and sixty-two in 1953. This actually meant that increases in salary would take place at a faster rate owing to the fact that the new scale included fewer steps, each of which represented a greater increase than was the case under the 1953 and 1955 schedules.

Another significant improvement embraced in the 1957 lav was that it discontinued the system of unlimited automatic salary increases on the basis of length of service alone and without promotion. From then onwards, no increase was permitted beyond the top step of the grade immediately above that in which the employee was ranked. The change actually produced no hardship because of the large nuaber of years required to reach even this maximua. But it corrected an important deficiency in the system whereby a Junior clerk, or even a driver, through mere seniority could attain a salary higher than that of a chief of department who had been newly appointed and who occupied a much more responsible position, such a situation marked a clear violation of the basic principles of position classification and merit.

It is worth mentioning here that the 1957 law was adopted by parliament as a result of a threatened strike by the civil servants. An 12U

informal group of representatives of government employees (there is no formally organized employee organization) met government officials to express their dissatisfaction and implicitly, if not overtly, threatened a general strike unless salaries mere raised. The law of Hay 7, 1957, was the direct result of this action.

The above general presentation of the salary policies of the

Lebanese government reveals certain serious discrepancies which help to undermine the morale and efficiency of civil servants and which should be corrected as soon as possible.

The first and probably most important weakness stems not from salary policy as such but from the poor classification plan which is the very basis of the salary scale. It has already been mentioned that the 3alary scale of the goverment is not based on any detailed and system­ atic analysis of the duties and. responsibilities of each position, but rather on a rudimentary classification which arbitrarily groups posi­ tions Into very broad classes and assigns them to different grades. The salaries attached to each grade are based more on educational qualifier tions than on the nature of the work and responsibility called for in each position. This, of course, Is contrary to modem, scientific principles of cc^ensation and results in serious inequities to civil servants. But any improvements in salary practices must wait for improvements in the classification system itself, without which one cannot possibly develop and implement a rational and uniform pay scale.

At the present time, there are no indications that the government intends to undertake a comprehensive classification of positions. Even 125 if It vants to, it cannot proceed with such plans because of the com­ plete lack of any trained personnel in this field. So one can safely say that present salary practices and the inequities resulting from then will persist for some time until the government recognizes the need for and is prepared to implement a sound position classification plan which can serve as an adequate basis for a salary scale.

Another important weakness In the salary system is represented by the generally low level of government salaries as compared with pay in private industry. It is difficult to provide conclusive evidence in support of such a statement, but many foreign experts who have been called upon to study the Lebanese administration subscribe to this opinion. Hr. Culbertson writes:

Salaries are too low. This is a most difficult problem, and its full solution perhaps is beyond the scope of the personnel pro­ gram itself. It is none the less clear that, from the standpoint of good personnel administration, present government salaries are a deterrent to an effective civil service."

Professor V. Robson also notes In his report that government employees are badly paid and recommends a general increase in remuneration for them.^

A more recent classification and compensation survey which was conducted by the Political Studies and Public Administration Department for U.H.R.¥JL. and tfiich covered in addition to the government a number of relatively good employers in the community revealed that Lebanese

^Robert Culbertson, og. cit., p. 22.

William Robson, "Civil Service Reform in Lebanon" (unpublished report, Beirut, June, 19h9), pp. 1-2. government pay was below the community average in general and in certain cases constituted the minimum among the organizations s u r v e y e d . 9 The

Lebanese government has not only failed to achieve internal equality in pay by relating its salaries to the duties and responsibilities of each position, but it has also failed to maintain external equality with other firms by failing to relate its salaries to the prevailing wage rates in the cominity. Jlor is there any indication that government salaries in Lebanon have been based on any cost of living stu^y. There are, however, sox a plans on hand at present to Increase the general

level of these salaries in response to the rise in the cost of living.1®

One can sum up the salary policy of the government in Lebanon as an arbitrary pricing of an arbitrary grading system which does not take

into consideration the all-important factors of cost of living and prevailing rates in the market.

The low pay of government employees and its failure to natch that given to workers b y private firms has posed several difficulties for the civil service. The depressed morale of government employees who con­ tinually complain about their inadequate pay probably represents the most important problem. Lebanese civil servants feel that the govern­ ment is not treating them fairly or justly in paying them less than employees in private business. They are dissatisfied and frustrated and,

^Department of Political Studies and ftiblic Administration, American University of Beirut, "U.l.R.V.A.'s Position Classification and Compensation Survey" (unpublished report, Beirut, I960), pp. 9-10.

10Since the last general increase in 1951, the cost of living in Lebanon has risen by over 10 per cent according to the General Index of the Ministry of Rational Economy. 127 on more than one occasion, they have threatened to go on strike in order to bring about an adjustment to their pay. Such a situation, of course, is not conducive to a healthy atmosphere in which the civil servant can perform at his best. It is very difficult to assess the damage caused

to the civil service by such a situation, but anyone who has had occar- sion to contact government employees and work with them cannot help sensing their sadly low morale.

The inadequate pay of civil servants has also put the government at a disadvantage when trying to recruit badly needed talent of which there is necessarily only a limited supply in the community. The govern­ ment, on several occasions, especially following its 1959 reform, has found considerable difficulties in trying to induce qualified candidates to join its ranks. A good example of the general reaction is to be found in the department of Political Studies and Public Administration at the American University of Beirut. Of the many Lebanese students, approximately forty, who have graduated from the public Acteinistration program, very few have taken positions with the government} the majority have sought employment with private firms. Most of these graduates, it should be borne in mind, have been trained specially for government service through A.I.D. grants but, nevertheless, they have not shown much eagerness to work for their own government. This is generally true of American University of Beirut graduates in other fields of study as well.

One should admit here that this reluctance to seek or join govern­ ment service is the result not only of low salaries but of the generally 126

low prestige of the civil service as a whole, which itself is the result

of a variety of factors. But there is no doubt that the question of pay

is one which has contributed greatly to this widely-held view about government service.

One surprising fact about the whole situation is that the govemr ment does not seem to lose a large number of its employees to outside

competitors. Although no accurate figures relating to employee turnover

in the civil service are available, there are many indications that it

is very low. It appears that the many benefits which the government provides to its employees, and especially security of tenure Which is a major consideration in a country with a very high degree of unemploy­ ment, in addition to the indemnity laws11 which discourage resignation by employees, have helped to reduce the flow of government employees to outside jobs. Or it could be that private firms are dismayed by the generally low quality of personnel which generally exists in the govern­ ment and, as a result, attract their candidates from other and better sources. Thus, it can be seen that the government does not have much difficulty in hanging on to its own employees; its real problem lies in getting new men for its growing bureaucracy. finally, the problem of inadequate salaries has greatly con­ tributed to the sadly low standards of morality and personal integrity in the public service. Government employees have been forced into shameless graft and profiteering to compensate for the meager remunera­ tion from their jobs. The passive and indifferent attitude of the people has provided a free license for the continuance of such practices.

11 Any employee who resigns voluntarily loses his indemnity or 129

It is true that the government might have been able to check this moral deterioration by providing for more stringent penalties and ruthlessly enforcing them, but It cannot really eliminate these practices and improve the ethical standards of the public service without making basic adjustments in its pay policies.

One can easily see from the above discussion that the problem of salaries is one of the most important obstacles which has impeded the efficient functioning of the civil service in Lebanon. The following paragraph from Professor Heady’s article on Middle Eastern personnel administration is both pertinent and applicable to Lebanon.

The cost, of this pattern of inequities is hard to calculate, but it is tragically high. Governments operating under conditions of basic poverty of resources realize far less output than could be achieved even under these limitations. Potentially promising candidates refrain from entering the civil service, able public officials often leave and the mediocre and poor ones find it possible and profitable to stay; lines of hierarchical super­ vision and responsibility are blurred; morale and esprit d’corps fall; efficiency of performance is low; and public regard for the public service drops. However, ways for coping with this dilemma are not easy to find, and no Mid-East state has as yet succeeded in devising a satisfactory system for dealing with rank and pay problems.12

In trying to devise a solution for this problem, one cannot afford to ignore the various factors responsible for the situation and the possible repercussions which could result if the whole problem is not handled with thoughtful care* To begin with, one cannot lose sight of the fact that Lebanon is basically a poor country with limited natural

termination pay of one month’s salary for every year of service.

12Ferrel Heady, "Personnel Administration in the Middle East," labile Personnel Review, Vol. 20, 1959, p. 53- 130 resources and a low p e r capita i n c o m e . ^ Unlike other richer countries, it cannot afford generous pay, since this would mean an added tax burden on its citizens. It is estimated that an increase in the pay of civil servants, to bring it in line with the salaries offered by private busi- ness firms, would require about twenty million Lebanese Pounds, an amount which the government cannot raise easily. It is not advocated that the government should not increase civil service pay because of its limited resources, but attention is merely drawn to the facts of the situation as they exist. In Lebanon, in particular, the legislature and the admin­ istration are faced with public reluctance and resistance to Increase pay because of the low prestige of the public service. The generally held view about the civil service, not without much justification, is that it is both corrupt and inefficient; as a result, civil servants do not find many sympathizers among the people for their cause of better pay. It is also contended that the salaries of civil servants already account for a high percentage of the total operating budget and should not be increased further.^ But this situation is the result of overstaffing rather than of overpaying.

In their fight for higher pay, Lebanese civil servants have been deprived of the benefit of organized employee unions who could bargain effectively on their behalf. The law in Lebanon strictly prohibits the formation of unions and the use of strikes by government employees. This,

^Simon G. Siksek, Bashir J. Daouk and Sami E. Baaklini, Prelimi­ nary Assessment of Manpower Resources and Requirements in Lebanon (Beirut; Economic ResearcTTInstitute, American University of Beirut, i96fl), p. 21. 1 ^According to the 1959 budget, it was 5^.71 per cent. 131

of course, has not prevented civil servants from forming some informal

groups which represent them in negotiations with the government nor from

threatening to resort to strikes in many instances. In fact, snail

groups of government employees have defied the lav and gone on strike

several times without being subjected to any punishment. This whole

problem of employee unions and strikes will be discussed in greater

detail later, but there is no doubt that, had civil servants been al­

lowed to form their own unions, they might have been able to influence

the government more and secure increased advantages for themselves.

One final observation to be made in this context is that the

problem of civil service pay has to be viewed and solved in conjunction with another problem: the overstaffing of the civil service. There

is general agreement that the number of government employees in Lebanon

has swollen far beyond the needs of the civil service. Some estimate

the number of redundant employees at three thousand; ^ whereas the

President of the Republic, in a recent statement to one of the magazines,

put it at six thousand which is more than one-third of the total number

of civil servants in Lebanon.^ This is the result of a tendency to create nev posts, usually minor ones, in order to accommodate politi­

cians and minimize the grave problem of unemployment in the country.

Until recently when a noticeable industrial expansion took place, there were only limited opportunities for employment outside the government; hence, this tremendous pressure for the creation of unnecessary posts.

^Interview with Mr. Andre Tueini, member of the Central Committee for Administrative Reform, presently Director General, Ministry of Finance.

^Ai-Majalis, Number 16, January 23, 1961. The required increase in civil service pay in Lebanon could be achieved at the expense of releasing this large number of surplus employees. But this would certainly create a tremendous economic and social problem, since the economy of Lebanon, with its present degree of unemployment, could not possibly absorb such a wave of redundant workers.

It should be borne in mind that most of these surplus employees in of­ fice do not possess any important skills or qualifications and are generally known to be inefficient; as a result, they would meet with great difficulties in trying to find new jobs for themselves. Because of this situation, the government has shied away from dismissing them; and, In fact, there are hardly any politicians or legislators who would dare to recommend or approve such a drastic and ruthless purge. On the other hand, it would be ridiculous, as well as unjustifiable, for the government to grant a general increase in salaries to ail its employees, including this army of idlers who are not contributing any genuine service to the public. The government is caught on the horns of a serious dilemma for which it is extremely difficult to find a solution which is at once rational, fair, and humane.

A final but somewhat less important weakness of the salary system in Lebanon is the system of automatic pay increases granted indiscrimi­ nately to all civil servants. These salary increases are not granted on the basis of merit but are given to every employee automatically every thirty months. Such a practice does not differentiate between the mediocre employee and the superior one. It actually has the effect of stifling Initiative and encouraging mediocrity of performance, since poor employees know that they will not be punished for inefficiency and

superior employees know that they will not be rewarded for efficiency.

This policy, which ignores the simple and elementary principle of

punishment and reward, can be very damaging to morale. The Lebanese

government experimented for a short period of time with a system of

salary increases based on merit, but it proved to be an utter failure.

The system used was highly arbitrary, subjective, and easily abused and,

as a result, inflicted more damage than it corrected and had to be abandoned. The government has not been able to develop and apply a

system of performance evaluation which can be used as a basis, among

many other things, for granting periodic salary increases- At present,

it seems that the current practice of blind, automatic Increases will

have to continue until such tine as the authorities are able to imple­

ment a system of performance evaluation which can appraise and measure

the relative merits of government employees and treat them according to

their true worth as servants of the people.

Allowances

In Lebanon, it is extremely misleading to study the problem of civil service salaries apart from that of allowances. The Lebanese government grants a number of salary "differentials" and allowances which, in many cases, add up to a significant percentage of the basic remuneration. Again, these allowances and differentials, which are a feature of the Lebanese system, are not related to the duties and responsibilities of the position and represent a violation of the basic principles of position classification. It is true that such allowances 13U are necessary and welcome supplements to lov basic salaries; tut, unfortunately, they help to perpetuate, or else to create, pay inequi­ ties in the ranks of the civil service. Sound pay practices dictate that all types of remunerations to employees, with the exception of a very few allowances, should be reflected in the basic salary which is determined in the light of the difficulty and responsibility of the job to be done. But here again, it is worth noting that such rational uniformity in pay policies cannot be hoped for without the adaption of a modem classification plan.

Family Allowance. As the name suggests, this allowance is paid to married personnel and varies with the number of dependents; i.e., wife and children. The rate at present is L.L. 15 per dependent, which, in the case of lower-level employees with large families, may well equal

50 per cent of their base salaries. The family allowance for children continues until the age of eighteen for males and until marriage in the case of females. It is worth noting that the family allowance in

Lebanon applies to employees in private as well as public service, although private firms are less generous than the government in granting it.

The family allowance, and its application to all public and private employees, has created some serious controversy, specially following recent demands for its increase. Some people claim that there is a general tendency in government as well as in private enterprise c ir c le s to employ unmarried people in order to avoid payment o f the allowance. This is undoubtedly true to a certain extent and, particularly 135 in private industry Where commercial considerations necessitate such prudence. If carried to excess, however, such a trend aight threaten and even undermine the family institution, especially in a country where there is a high ratio of unemployment in many sectors of the economy.

This all-important consideration has caused many unions to abandon their persistent demands for a rise in family allowances as such.

Allowances to Professional and Specialized Fteraoaael. These are special and somewhat peculiar allowances granted to certain groups of civil servants which are exercising professional and specialized func­ tions in various departments. For example, engineers in the Ministries of Public Works and Comatuni cat ions, Interior, Public Health, Planning, etc. are entitled to an allowance equivalent to ho per cent of their basic salaries if they have completed eight years of service and 50 per cent if they have served for longer. Vocational training engineers, chemical engineers, veterinary surgeons and doctors are entitled to an allowance equal to 30 per cent of their basic salaries if they have eight years of service and UO per cent if they have more. Dentists and pharmacists are entitled to an allowance representing 30 per cent of 17 their basic salaries regardless of their years of service. 1

This allowance is, par excellence, the best example of the general absurdity which characterizes the pay system. It is granted, In theory, in recognition of the professional and technical ability of these civil servants and is based on their educational attainments. Acutally, this

^Decree Law 112, June 12, 1959, op. £it., Article 22. 136 added remuneration represents a recognition of the specialized duties and responsibilities involved in the jobs of these employees and, as such, should be included In their basic pay and should be reflected in a higher classification of their positions. Moreover, the various engineers who benefit from this law and who work in different departments often occupy widely dissimilar posts and carry out work of varying responsi­ bility. Nevertheless, they are all paid the same allowance.

This stipulation in the lav has, quite understandably, aroused complaints from other civil servants who regard themselves as profes­ sional people but who are denied the allowance. The most important and influential among them are the state-employed lawyers, who have for a long time been pressing for a professional allowance similar to that granted to engineers and doctors. It is difficult for the government to justify, under the present system, its refusal to grant the lawyers such an allowance, and its hesitancy in doing so has produced a lot of resent­ ment and frustration. Here again it should be emphasized, at the risk of much repetition, that the only way to put an end to such inequities is to formulate and implement a modern position classification plan as a basis for the pay policies.

Special Allowances. These, as their title implies, are special allowances paid as rewards for service on officially appointed committees charged with studying certain specific problems. The Lebanese have a notorious fondness for committee work, and it is not uncommon to find top civil servants serving as members of five or six such committees in addition to doing their basic Jobs. This is not treated as overtime work 137 and is not subject to overtime pay. The employee, however, receives regular payment for his services on the committees, which, in certain instances, nay sit permanently.

It is difficult to determine the number of employees who benefit from these usually generous allowances for what is often nothing more than an imaginary service. But they are, on the whole, higher-level civil servants— of the first and second grade— and the report of the

Lebanese Court of Accounts in 1957 gives us a clue as to the gross amount of such allowances granted. It revealed that in 1957 a total of

L.L. li,000,000 was spent on special allowances to a small number of civil servants. Of this sum, one top civil servant received L.L. 132,000 lfl and another was given L.L* 67,000. This information was published in many papers, and the practice of granting special allowances was severely criticized in consequence. The govenaent was proapted to revise its policy and place a limit on this highly controversial practice. The lav of May 7, 1957, specified that no civil servant should in any circum­ stances receive allowances exceeding 50 per cent of his basic salary.

But this was altered again in 1959, and a new limit set at 75 per cent.1^

It is believed that top civil servants in Lebanon, who form a very influential group which played a dominant role in the reform movement of

1959, were adamant in their demand for a higher limit.

^^Lebanon, Court of Accounts, "Yearly Report of the Court of Accounts, 1957." (Unpublished.)

^Decree Law 112, June 12, 1959, op. cit., Article 27. 136

Disability and Death Allowances. The law in Lebanon allows a disability pension to axy civil servant who is permanently disabled in the course of duty and cannot any longer support himself. In such circumstances, he is given a pension equal to half his salary if he has completed less than twenty years of service, and two-thirds of it if he 20 has served for longer than twenty years. This pension may be increased depending on the age of the employee upon sustaining disability provided that it never exceeds his total salary at the time of injury.2*

Employees who become disabled, but not in the course of duty, are entitled to pensions equal to one-third of their salaries if they have 22 completed more than five years of service.

In the case of the death of a civil servant in the course of duty his family is given a financial grant equal to his annual salary provided it is not less than L.L. 5,000 or more than L.L. 10,000. Even if the death of a civil servant does not occur in the course of duty, his family is still entitled to a financial grant equivalent to his salary for five months provided it is not less than L.L. 2,000 or more than L.L. 1,000.23

In the case of illness incurred in the course of duty by a civil servant all expenses incurred for his medical and hospital treatment are

20Decree Law 113, June 12, 1959, og. cit., Vol. VII, Article 17.

21Ibid.

2 2Ibid., Article IS.

^Decree Law 112, June 12, 1959, op. cit., Article 30. 139 borne by the state. Even if the illness is not incurred in the course of duty, the employee may receive a financial grant, the amount of which

Is determined by the Minister c o n c e r n e d . The sane regulation applies if any member of the employee1* Immediate family is sick, hospitalized, or dies. ^

In addition to all these allowances, a civil servant may, in certain cases, be granted a cash bonus as a reward for some special service rendered. These bonuses are granted at the discretion of the responsible Minister who Is required by law to explain in writing the justification for awarding them. Although there is a limit placed on the amount of such cash payments, there have been many complaints to the effect that this prerogative has been abused by various Ministers.

One can easily see that the government Is decidedly generous in granting allowances and bonuses, and that their bestowal compensates, at least In part, for the meager salaries given to civil servants. But it is also evident that these practices are wanting in fairness and uni­ formity and help to inject even more injustices into the whole unjust salary and pay system. There is a definite need for a careful revision of these policies which will help to eliminate much of the existing confusion and many of the current inequities. Some of these allowances should be abolished and incorporated in the basic salary. Others should be maintained on a different basis and administered with much more care.

% b i d ., Article 29. 2^ibid.

^Ibid., Article 26. lUo

But the main trouble is that the problem of allowances can neither be tackled nor solved separately fro* other classification and pay com­ plexities . Without such a conprehensIve and general approach, any solu­ tion or adjustment is bound to be lacking in substance and may create more problems than it can solve.

Fringe Benefits

In addition to the various allowances detailed above, government service in Lebanon provides many intangible benefits which constitute

Important inducements to civil servants whose salaries are notoriously low. the most important of these benefits are retirement pensions, termination indemnities, low hours of work, public holidays, and annual and sick leaves. It is difficult to figure out the monetary value of these benefits accurately} but conpared with most practices prevailing in private industry, they are extremely generous and help at least partially to bridge the gap in salaries between employees in the public and private sectors.

Retirement and Termination Indemnities. Every civil servant in

Lebanon who reaches the age of sixty-four, or who, alternatively, com- 27 pletes forty-six years of service is required to retire from govern- ment service. Civil servants who are performing work that involves special physical requirements are Obliged to retire at the age of sixty or after forty-two years of service. The Council of Ministers, upon the

in the case of civil servants appointed after January 13, 1955, It is forty-four years of service. llil recommendation of the Civil Service Council, determines the kind of jobs that fall into this category.In special cases, certain civil servants can be retired at the age of fifty-five, provided that they have com­ pleted thirty years of s e r v i c e . 29

Upon retirement, a civil servant in Lebanon can either go on pension or be paid a termination indemnity. The termination indemnity is paid on the basis of one month's salary for every year of service up to ten years, and two months1 salary for every year of service there­ after.^ An e%>lcyee who voluntarily leaves the service is not entitled to any such indemnity. It is interesting to note that the same policy of granting termination indemnities applies to all employees in private industry as well as to civil servants. This is the result of the emphasis on the concept of security which is typical of Middle Eastern societies in general, the demands of which are guaranteed by statutory legislation in Lebanon.

The retirement pension is figured on the basis of l/6o of the average of the last two years' salary multiplied by the years of service for all employees whose age is sixty-four. Employees whose retirement age is sixty are paid a pension of l/55 of the average of the last two years' salary multiplied by their years of service.In either case,

2^Decree Law 112, June 12, 1959, oj>. cit., Article 68.

29lbid., Article 69.

3°Decree Law 113, June 12, 1959, cit.. Article 11.

33lbid., Article 10. 1U2

the lav provides that no retirement pension should exceed three-quarters

of the salary which the employee was receiving upon retirement. All

retired civil servants on pension are entitled to the family allowance

granted to regular government employees.

There have been some complaints recently that pensions paid by

the government are becoming too low because they have not been adjusted

to meet the rising cost of living. The government is aware of this

situation and has, in fact, proposed an Increase in pensions. One can

say that the retirement system of the Lebanese government is in prin­

ciple a fair and reasonable one even compared with those pertaining in more advanced Western countries. But it should not be forgotten that

retirement pensions are so closely related to salaries that any inade­

quacies in the latter are automatically reflected in the former.

Hours of Work and Leaves. The Lebanese government has one of the most generous policies in the world in connection with the general problem of hours of work and holidays. The official working hours for

civil servants are thirty-five hours a week in winter and spring and

thirty hours a week during summer and autumn. The scheduling of the hours is such that government employees work only until 2i00 p.m. in winter and spring and until It00 p.m. in summer and autumn. This enables them to find outside employment in the afternoon if they wish, although in most Instances this is formally prohibited by law.

Besides this very short working week, government employees are allowed a total of twenty-two public holidays with pay which is excessive Ih3 by any normal standard,^2 Annual leave is granted in addition, at the

rate of twenty calendar days per year, and in certain special cases, it

can be extended to a period of three aonths or even longer.

It is not easy to tell how wich these generous fringe benefits

cost the government in terms of money or how mtch they mean to the

employees in terms of loyalty to their profession. Some people tend to

think that they represent a justifiable compensation for the low salaries paid to civil servants. But a better arrangement, in Lebanon, would be to increase the basic salaries of the employees and revise working hours and leaves in order to bring them in line with standard practices in more advanced countries.

^2Decree ¥o. 6033, August 17, 195U CHA.PTER VII

TRMMiae

A close examination of the Lebanese civil service reveals an

important and basic problem; naaely, the existence of a large number of poorly qualified and untrained personnel who are not capable of per­ forming their duties efficiently. This situation is the result of several factors. To begin with, the Lebanese civil service has, for a long time, been plagued by a patronage system under which favoritism and political and sectarian considerations, rather than merit, have been the main criteria in recruiting government employees - Apart from the poor quality of employees in general, such practices have also saddled the civil service with a large number of superfluous employees who have no work to do but who have been hired as a result of political or sectarian pressure. Although there is common agreement that the civil service is overstaffed, little can be done about it since any mass dismissal of employees would be bound to have serious economic and social repercus­ sions in the country.

Another factor which has contributed to the sadly low quality of government employees in Lebanon is the poor and unreliable selection methods used by the government. Despite the fact that the lav has attempted to apply some sort of a merit system and to make appointments on the basis of examinations, the government has not been successful in developing those reliable and effective testing devices which are essen­ tial in discovering and measuring the abilities of candidates for the JUi5 public service anywhere. The excessive emphasis on academic degrees, which is often reflected in these examinations, has resulted in the choice of candidates who are well qualified academically speaking, but who often prove to be poor and inefficient employees in their particular jobs. A third factor which is likewise responsible for the low quality of government personnel is the shortage of educationaltraining and in stitu tio n s available to government o ffic ia ls and candidates—centers which could provide badly needed professional and technical training in certain fields. This problem becomes more acute when viewed in the light of the continuously expanding functions and growing specialization of government operations. Lebanon Is, at present, undergoing ajrapid economic and social change, and th is metamorphosis is thrusting new responsibilities upon the public service ahich can only be net by people with the required skill and training in various specialized spheres of activity.

A further complication to this problem is provided by the fact that the low prestige and salaries of the government service seem to have adversely affected its efforts to compete with private industry for the very limited supply of qualified candidates in the country. Fol­ lowing the administrative reform of 1959, the government encountered great difficulties in trying to recruit properly trained and qualified candidates for many of the key positions in its newly established agencies.*

*To cite one notable exuqile with which the writer of this study Ili6

It is clear that there is a desperate need for the improvement of

the quality of Lebanese government personnel. The solution to such a

serious problem obviously lies in a vigorous and comprehensive training program which would raise the level of efficiency of existing employees and prepare a sufficient number of properly qualified candidates who are

sorely needed in a fast-growing bureaucracy. The various foreign and

local experts who have been called upon to study the Lebanese administra­

tion have invariably urged the government to establish a training

institute which would assume responsibility for pre-entry and post-entry

training for civil servants. Hr. R. Culbertson, one of the foreign experts who have conducted a comprehensive study of the Lebanese civil

service, wrote in his final report:

The need for a concerted and aggressive program of technical training for civil servants has been thoroughly documented by each of the Ministers and Directors General who helped prepare this report. These officials can describe in great detail their constantly felt need for personnel who are more fully trained in the technical aspects of their jobs. Employees themselves desire training that has not been available up to now in order to equip them better to meet the full requirements of good technical performance. Government is a complex business. It contains many specialised fields, for many of which training is not available prior to entering public service. It is the responsibility of government to complete the training of em­ ployees necessary to give them full technical qualification.2

is familiar, the Lebanese Organization and Methods Office (officially known as Research and Guidance) which was established in June, 1959r is still completely paralyzed and helpless because it has no single employee who has had any training in Organization and Methods work or even in Public Administration* p Robert Culbertson, "Report and Recommendations to the Government of Lebanon for a Program of Public Administration Improvement," unpub­ lished report, Part I, pp. 7-8. (n.d.) 1U7

Culbertson goes on to recommend the establishment of a Training Service

which would be responsible for;

1. Assisting each of the several Ministries to establish its own internal training program. 2. Developing a program of training for jobs in fields common to more than one Ministry. 3. Securing the cooperation and use of the resources of established educational institutions in Lebanon. U. Developing, in cooperation with the Ministries, a program of sending selected key officials abroad for advanced study.’

A similar opinion was later expressed by Mr. Kesper, another

foreign expert, in his final report. Again, in 195U, the newly created

Council of Economic Planning and Development, in undertaking a general

survey of the needs of the country, recommended the establishment of a

government public administration institute to conduct pre-and post­

entry training.

The efforts of these experts who were specifically recruited to

stu

have significantly contributed to a growing awareness on the part of the

government of the need for training. Also the emergence of various pub­

lic administration institutes in this part of the world, mostly under

United lations sponsorship, has given new significance to training and has stimulated an awareness and interest in this aspect of civil service reform.^ The Lebanese government is becoming more convinced of the role which a sound training program can play in developing a more efficient civil service.

3lbid., p. 8.

^At present, there are public administration institutes in Egypt, Ethiopia, Libya, Sudan, and Turkey. 1U8 The growing awareness in Lebanon of the need for training culmi­ nated in the establishment of the {rational Institute of Public Adminis­ tration attached to the Civil Service Council, and entrusted with the

responsibility of preparing outside candidates for service with the gov­

ernment, and training existing governmentp e r s o n n e l . 5 Before going into a discussion of the role and functions of this institute let us examine briefly the existing facilities for pre-entry training in Lebanon.

Pre-Entry Training

Ejy pre-entry training is meant the general education and prepara­

tion which a candidate receives before joining government service. This

type of training is not usually intended to prepare an applicant for a

specific job in the public service but to provide him with a general background and knowledge which will enable him successfully to pursue a

career in whatever field he chooses. Very often this kind of training

enables a candidate to pass an examination for a government job, but in

Lebanon there has been no serious attempt to relate such training to the particular needs of the public service.

In Lebanon there are a score of educational institutions which provide pre-entry training in various technical, professional, and other fields including some which roughly coincide with the needs of the pub­

lic service. Before we proceed any further in this discussion *.t might 6

^Decree Law 111*, June 12, 1959, in Adib Y. Sader, Collection of Decree Laws (Beirut: Sader Press, 1959)*

^In writing this section about educational facilities, the author greatly relied on Simon G. Siksek, Bashir J* Daouk and Sami E. Baaklini, Preliminary Assessment of Manpower Resources and Requirements in Lebanon (Beirut: Economic-Research Institute, American UnlversTty"oi Beirut, I960). IU9 be useful to enumerate the various universities and colleges in. the coun­ try and give an idea of the types of courses and training offeredby them.

1. American University of Beirut

This is the oldest university in Lebanon] it was founded in 1866 by the American Missionaries and at present is composed of the following faculties:

(a) Faculty of Arts and Sciences (b) Faculty of Medical Sciences, including 1) School of Medicine 2) School of Pharmacy 3) School of fursing b) School of Public Health (c) Faculty of Engineering (d) Faculty of Agricultural Sciences

2. University of Saint Joseph

This university is also a private one founded in 1875 by the Society of Jesus. It includes the following faculties:

(a) Faculty of Medicine (b) Institute of Oriental studies (c) Faculty of Law (d) School of Engineering (e) Faculty of Theology

3. Beirut College for Women

This college was founded in 192U by the Board of Foreign Missions of the Presbyterian Church in the United States and offers courses lead­ ing to an Associate of Arts or Science Degree and a Bachelor of Arts or

Science Degree.

L. Lebanese Academy

This is also a private institution] it offers courses leading to the Licence Degree and includes the following schools:

(a) School of Music (b) School of Architecture (c) School of Art (d) School of Literature and Social Sciences Its school of Politics and Economics established in 19U9 and that

of Law established in 1953 have been incorporated in the Lebanese Uni­ v ersity . 5. Middle East College This is a small college founded in 1939 by the Seventh-Day Adventist Mission which offers courses leading to a Bachelor of Arts degree in the following fields: (a) Religion and Biblical languages (b) Applied Arts (c) Social Sciences and Fine Arts (d) Education (e) Language and L iterature (f) Science and Mathematics 6. The Lebanese University

This is the national university founded in 1951 and, at present,

includes the following faculties:

(a) Faculty of Law, Politics and Economics (b) Faculty of Arts (c) Faculty of Sciences (d) Faculty of Social Sciences (e) Higher TeachersT Institute This is a rapidly expanding university and is administered by the government through the Ministry of National Education.

7. Arab University This is a new university founded in 1959 as a branch of the University of Alexandria, United Arab Republic. At present, it offers courses leading to a Licence Degree in the Arts and Law. Besides those studying at these universities and colleges, a relatively large number of Lebanese students seek education and training 151 in educational in stitu tio n s outside Lebanon. During the academic year 1958-1959, there were 5Uh Lebanese students attending colleges and universities in the United States.^ There are no figures relating to Lebanese students attending other foreign universities although these definitely exceed by far those in the United states. One of the first remarks to be made about the existing facilities for pre^entry training in Lebanon is th a t, in spite of the seemingly abundant number of colleges and universities in the country, the total enrollment is somewhat small. In 1958, the total enrollment in all the universities listed above, with the exception of Middle Bast College,

G was 5,035* I t should be borne in mind that non-Lebanese students ac­ count for quite a percentage of this figure. With the exception of the Lebanese University, which has been expanding rapidly, the above- mentioned institutions have limited facilities and cannot hope to in­ crease their enrollment to any significant extent in the near future. This situation has resulted in serious gaps and shortages in cer- tain occupations which are essential for the development of the country. Although no comprehens1ve study of manpower resources and requirements has been undertaken in Lebanon, a preliminary investigation of this prob­ lem points to certain shortages in specific occupational fields] such as, 9 agriculture, public health, education, and others. One important and serious shortage is that of technical and vocational training, in which existing facilities, in terms of both their quantity and quality,

7Ibid., p. LU. ^Ibid., p. L3- ^Ibid., pp. U6-U8. 152 definitely fail to meet the needs of the country.*® At present, the

Lebanese government is in the process of negotiating a financial grant from UNESCO for the purpose of establishing new and better vocational schools which will contribute towards narrowing the supply gap in this important field.

Another important fact about pre-entry training facilities in

Lebanon is that training is completely lacking in certain fields of specialization which are essential for the public service and for the general development of the country. Anybody desiring to get training in these fields has to seek it in some foreign institution abroad. For example, it is only recently that courses in public administration were offered for the first time in Lebanon. At present, such pre-entry training in the field of public administration, despite its usefulness ♦ for the public service, is only available to a very limited number of students at the American University of Beirut. A score of other and similar examples can easily be cited.

Another significant characteristic of the educational system in

Lebanon is that university education tends to be expensive and there are a large number of students who cannot afford it. There is no free uni­ versity education in Lebanon even at the national Lebanese University.

This is Just another reason why there are shortages in this type of training in the country.

One final remark to be made is that the system of university education in Lebanon is essentially a private one. It is a diverse and

i0Ibid., p. ItO. 153 heterogeneous system which, apart from the Lebanese University, is com­ posed of private local and foreign schools representing different tradi­ tions and cultures which are permitted almost complete freedom of action

In developing their programs and curricula. The government has refrained from any interference in this domain and has not even attempted to co­ operate with these universities in developing certain programs which are

deemed essential for the public service. There is no doubt that the

Lebanese government has failed properly to exploit the existing educa­ tional institutions in the country which could, in many cases, have modified their courses and programs to fit the needs of the government. One important step in this direction was, indeed, taken in 1951 when the American University of Beirut, under provision of a contract with the U.S. Technical Cooperation Administration (presently known as

A.I.D.) decided to establish special training programs in the fields of public health, agricultural engineering, industrial chemistry, economics, and public adm inistration to people from various Middle Eastern coun­ trie s who were destined to become government o ffic ia ls . This contract also provided that the university could at the request of any of the Arab East countries provide special training courses or seminars for government officials in the above-mentioned fields. Special mention will be made later of the efforts of the public administration depart­ ment of the American University of Beirut in this respect.

It should be mentioned in this regard that A.I.D. and not any of the Arab governments should be credited with taking the initiative in trying to establish this new training program at the A.U.B. which was

intended as a regional program specially designed to serve the needs of 15U

several Arab countries receiving technical assistance under A.I.D. con­

tracts. Unfortunately, the Lebanese government has not cooperated fully

with A.I.D. and has not made the best possible use of the program. Al­

though the government did cooperate in nominating and sponsoring some

young Lebanese for this program, it has not shown much enthusiasm in

offering them employment since they completed their training. This has

proved very discouraging to A.I.D. officials who have recently been re­

luctant to approve new Lebanese nominees for the program without specific

guarantees that the government is really going to make use of them in

the public service in years to come.

In conclusion, one might say that educational facilities for pre- entry training in Lebanon are reasonably adequate in certain spheres but

definitely deficient in others. The solution to such a problem does not

lie completely in the hands of the government. It is dependent on proper and close cooperation between the government and the various educational

institutions in the country. But before trying to make more effective use of existing facilities, the government should conduct a careful study of its future needs and the available human resources in the country. It

is only on the basis of such a study that proper and purposeful steps can be taken to correct existing deficiencies and provide for future require­ ments.

Post-Entry Training

The emphasis on post-entry training in the field of public per­ sonnel administration is relatively new. Until recently there was a general belief that proper recruitment and selection methods could in­ sure the appointment of qualified and well-equipped candidates who could 155 be trusted to perform efficiently in their jobs. Such an assumption, according to Professor 0. Glenn Stahl, is "naive and short-sighted."*1

In the words of Professor Felix A. Nigro . . . training represents a continuing necessity in the same way that the education of a person never really ends. There is always something more to learn. No public employee can ever be considered perfectly equipped for his job. The role of in-service or, as it is sometimes called, post-entry training, is to stimulate the worker to put forth his best effort and to help him improve his performance.*2 There has been a growing awareness and recognition of the need for such training in the public service. Here, as in many other fields of administration, private Industry was the pioneer in developing training programs for its employees. Today, we find that private firms invest substantial amounts of money in in-service training programs which are intended to improve the performance and efficiency of their employees.

Besides the example of private industry, there is now sufficient evi­ dence of the success of in-service training in public agencies to justify its adoption and the costs involved in it.*3 we have alreacfy mentioned that the need for such systematic training of public service employees is much more acute in an under-developed country such as

Lebanon where a variety of factors— such as the lack of educational and training institutions which could provide specialized training in certain fields, the sectarian and political pressures prevailing in the country, and the poor and unreliable selection methods

i^Glenn O. Stahl, Public Personnel Administration (Uth edition} New York: Harper, 1956), p. 33^

*2Felix A. Nigro, Public Personnel Administration (Hew York: Henry Holt A Co., 1959), p. 226.

i3stahl, og. cit., p. 337. 156 used b y the Civil Service, have all combined to produce a poorly trained and unskilled civil service which cannot adequately serve the growing needs of the country.

In Lebanon until the year 1959, there was very little serious work done in this direction. The in-service training activities of the government were limited to a handful of programs, often inadequate, provided by individual ministries for certain categories of their employees. There was no central agency responsible for the preparation of a comprehensive and over-all training program throughout the public service. Each ministry acted independently and developed its own train­ ing programs.

In 1959, following the major reorganization of the civil service, the Lebanese government established a National Institute of Public

Administration, attached to the Civil Service Council, and entrusted it with the responsibility of preparing outside people for service with the government, and training existing government personnel. The Institute, which opened in November, I960, was closely patterned after the French

National School of Administration and was planned mainly by a French expert who was specially recruited for this purpose* Before going into a detailed description of the organization and functions of this Insti­ tute let us first review briefly some of the in-service training programs which were undertaken prior to its establishment. The discussion will be limited to two programs which represent a serious and systematic attempt at in-service training by the government and which provide significant and relevant examples for the purpose of this stucfy. 157

Mention was made earlier of the attempt by the United States through A.I.D, to provide some assistance to the Lebanese government by subsidizing certain courses of 3tudy at the American University of

Beirut to be offered to people from the Arab East who were later ex­ pected to become civil servants. A department of public administration was established at the American University of Beirut whose main objec­ tives, according to the A.I.D.-A.U.B. contract, ware:

a) The training of students who expect to become government officials. b) To prepare plans for and if possible initiate less advanced courses related to the general subject of public administration which will result in training of junior government officials and . . , seminars from four to six weeks1 duration for government officials in the Arab East countries covering general principles and problems of public administration.*^

Since its establishment in 1951, a total of approximately forty

Lebanese have graduated from this department with either B.A. or N.A. degrees in Public Administration} some of them are now employed in the government service. Altogether, the department has held nine in-service training sessions. Four of them were for Arab government officials,*'’ including Lebanese] the remaining three were specially designed for

Lebanese officials alone.

The nature and objectives of these courses had alike to be deter­ mined in the light of the specific needs of the participating countries.

*^Adnan G. Iskandar, "Our £>qperience in Training Civil Servants" (Paper prepared for the International Conference on Civil Service Training, University of Alcala* de Henares, Madrid, May 9-lk, I960), p. 1.

*%bid,, p. 2. 150

It m s thought from the start that efforts should not he directed to­ wards improving the personal ability of these government officials but rather to the development of new attitudes and outlooks in their minds.

The department could not possibly succeed in setting up a training program designed to provide then with new sk ills and techniques when the basic awareness of public administration and the need for training were virtually non-existent among them. The primary objective in this train­ ing program was

. . . to stimulate awareness of and interest in public adminis­ tration among Arab government personnel, to disseminate knowledge concerning the basic principles and techniques of public admin­ istration as they have evolved in the Nest, and to study with the trainees who came to us the laws and administrative practices o f the new Arab s t a te s .

As a result, the in-service training program was conditionedby th is approach and was obviously d iffe re n t from what one normally expects in- service training programs to be in more advanced cou n tries.

The curricula of these sessions, which had to be devised in the light of established objectives, consisted of courses in the main p rin cip les o f public adm inistration, personnel management, and f is c a l management, in the th ird session i t was decided to introduce a course in organ! eat ion and methods, which has sin ce become an integral part of the program. Each of these courses consisted of a series of eighteen lectures and four discussion periods conducted in Arabic. The lectures were first prepared in English by American members of the department and then translated into Arabic and delivered to the trainees by the Arab members o f the department.

l^xbid., p. 2. 159

This program was naturally faced with tremendous problems; such as, developing texts, overcoming language barriers by accurate transla­ tion, making adequate allowances for the heterogeneous nature of the group, and recruiting trainees, etc. The three sessions which were confined to government officials from Lebanon proved to be a much more effective and rewarding experience. But, in spite of all obstacles, this program was continued for several years before it came to an end in

1957- The international and national political troubles affecting the area, then, prevented the participation of many governments. More important than that, the emergence of public administration institutes in many Arab countries reduced the importance of the role which the

Department could play as a regional center for the training of Arab civil servants. The Department has almost completely abandoned any plans for any future in-service training sessions.

It is difficult to assess the results and effect of this program, but there is sufficient evidence to indicate that it was, to a great extent, successful in attaining its major objective; namely, that of promoting a greater awareness and understanding of public adainistra- 17 tion and a systematic approach to its problems. Some innovation? which have been introduced in various Arab civil services, and notably changes In personnel administration, are in part the result of the work of trainees who participated in this program. The emergence of various training institutes and the recent establishment of civil service

I7;bid., p. 7. 160 commissions in Iraq, Jordan, and Lebanon provide proof of growing aware­ ness in the field of public administration.

Another attempt at systematic in-service training by the Lebanese government was the establishment in 1952 of an Institute of Administra­ tion and Finance attached to the Ministry of Finance. It was later

incorporated in the Lebanese University and was finally abolished in

1959* It was agreed that all students attending this institute at the time of its abolition should be attached to the newly established

National Institute of Public Administration until the time of their graduation in 1961-1962.

This institute was mainly intended as an in-service training program for employees of the Ministry of Finance, which is one of the key ministries in Lebanon in view of the central role which it plays In controlling all expenditures by the government. But the Ministry of

Finance decided to accept in this institute some non-government employees who would later be appointed to government jobs in other ministries.

Admission to the institute was on the basis of a certain minimum of years of service for government employees and a rigorous written examination for outside candidates. The course of stuty covered a period of three years, after which the student graduated with a certi­ ficate which was recognized by the government as being equivalent to a

Licence de Droit. The institute offered courses in Lebanese History,

History of Art, Political History, Mathematics, Statistics, Political

Economy, Economic Geography, Constitutional Lav, Civil Lav, Commerical

Lav and Administrative Lav. Since its establishment, more than 150 161 students have graduated from the Institute and are now working in vari­ ous Lebanese m inistries.

As nay easily be inferred from this brief description of the work of the institute, the emphasis throughout the period of study was on theoretical academic training. The institute was not engaged in the type of training intended to instruct government employees in the particular skills and techniques of their jobs; it offered a variety of general training similar to that provided by existing universities in the country, but adapted to suit the particular needs of the government.

In evaluating the work of the institute, one cannot, despite Its obvious inadequacies, deny the contribution of such a modest undertaking in employee training. It represented a conscious response to a felt need on the part of the government and made a rational and systematic attempt to deal with a basic problem affecting the country*s civil service. The abolition of the institute was not by any means an outcome of dissatisfaction with its work but was necessitated by the creation of a central institute which has since taken over responsibility for train­ ing throughout the Lebanese civil service.

The efforts of the Lebanese government in the field of employee training culminated in its centralizing all responsibility for training in a department expressly concerned with the subject within the newly established Civil Service Council.*® The basic objective of this department was to provide training for existing government personnel and

*®Decree Law lit, June 12, 1959, oj>. cit. 162 to prepare newly recruited candidates for civil service jobs requiring specialized knowledge and qualifications in various aspects of public service.*^ individual ministries and departments were required to drop their own training programs and to cooperate with the Civil Service

Council in reviewing their personnel needs and requirements. Plans for meeting these needs, through training and preparation of employees and recruits, would be drawn up and implemented by the Civil Service on Council. Su"h training and preparation would be undertaken by a specially created National Institute of Public Administration which would be responsible for organizing training sessions and other courses designed for this purpose. We shall attempt, in the following pages, briefly to review and evaluate the work of this National Institute of

Public Administration.

But, before proceeding any further, a word of caution is in order.

Although the Decree Law establishing the institute was issued in 1959, its actual inauguration did not take place until the latter part of

November, I960. As a result, it would be extremely difficult to describe in detail and appraise the work of an organization which has been in existence for such a very short period of time at the moment of this writing. Whatever description and analysis is offered here will be based mainly on the official plans for this institute rather than on any extensive observation of its actual operations and, as such, are bound to

^Ibid., Article 13-

2QIbid., Article ih. 163 be somewhat superficial in character. The writer has, however, had the privilege of serving as a member of the special committee charged with organizing the institute and is familiar with most aspects of its activi­ ties.

The work of the institute is divided into two distinct programs: the first being directed towards the preparation of new employees for future service with the government, and the second being concerned with the in-service training of existing government employees in order to develop and improve their quality and performance.

In-Service Training Branch. The in-service training branch of the institute offers four separate programs, each intended for a separate category of government employees. The first program, which is called Higher Administrative studies, is broadly restricted to employees of the second category occupying administrative or technical posts.

Employees of the first category can, however, if they wish attend tbis program which is divided into three courses of study; (1) Public Admin­ istration and Foreign Affairs; (2) Economics and Financial Affairs; (3)

Social and Cultural Affairs. The period of study is three months, and the number of trainees ranges from a minimum of fifteen to a maximum of thirty. Admission to this program is through nomination by respective departments with the approval of the Civil Service Council.

The second program is the Higher Training Session which is re­ served for employees of the upper two grades of the third category, who have to pass an examination before they can be admitted. The number of trainees ranges from thirty to fifty. The method of instruction is 16U

through lectures and seminars and includes a fifteen days' internship

in a private organization.

The third program is the Middle Training Session which is limited

to employees of the lower grades of category three and employees from

the fourth category who hold university degrees. Admission is through

an examination, and the period of training is four months; the number of

trainees ranges between thirty and fifty. The method of instruction is

through lectures and seminars.

The fourth of these programs is the Elementary Training Session

which is limited to employees from the fourth category. Admission is

through an examination, and the period of training is four months. The

number of trainees again ranges between thirty and fifty, and instruc­

tion is through lectures and seminars.

It should be pointed out here that the institute has not yet

launched its in-service training program in full. At present, the only

in-service training the institute is providing takes the form of a

special "rush" session for a group of higher civil servants who are

being trained in the principles and methods of administrative reform.

This crash program was deemed necessary because the government encoun­

tered serious difficulties in trying to implement some of the changes

introduced in the comprehensive reform of the civil service launched in

1959- It is believed that the mental "reorientation" of these civil

servants will help the government to effect a speedy and smooth applica­

tion of the new reforms, which are scheduled to bring about certain basic, drastic and salutory reforms in the administrative system. The 165

institute expects to be through vith this special emergency training session in a very short timet after which it will devote its attention to launching the four training programs mentioned above.

Preparation Branch. This is the branch of the institute which is expected to fill an important gap in the civil service by providing a source of well-trained and qualified candidates. The draining out of the Old Guard in coming years will also pose a serious problem which can only be solved by the early anticipation of such a need and imaginative

long-term planning for the preparation of adequate replacements. The

Civil Service Council and institute are required by law to meet personnel needs by ensuring an adequate supply of well-qualified and equipped civil servants.

The preparation phase in the institute includes two programs* the High Grade, which is intended to prepare employees for administrative posts in the third category; and the Middle Grade, which is concerned with preparing employees to posts in the first rank of the fourth cate­ gory. The law specifies that the institute shall conduct such programs only when there is a definite need to fill existing or anticipated 21 vacancies in the civil service.

The High Grade program is open to outside candidates who meet the general conditions of public employment in Lebanon and trfio are holders of a university degree, as well as to government employees in the fourth category who have such a degree or who have completed ten years of

21lbid., Article 13. service regardless of their academic qualifications. Admission to this program is through a competitive examination, and the period of study is for two years, divided as follows: the first year includes eight months of academic study, * three-month internship in one of the government departments, and a vaction of one month; the second year includes ten months of academic study and a two month internship in a private organi­ zation. The three basic fields of specialization in this program are:

(1) Public Administration and Foreign Affairs; (2) Economic and Finan­ cial Affairs; (3) Social and Cultural Affairs. Each of these fields of specialization seeks to prepare the student for a job in certain speci­ fied departments of the government.

The Middle Grade program is open to outside aq>plicants who meet the general conditions of public employment in Lebanon and who are holders of a Baccalaureate degree fert II, and to government officials

in the second rank of the fourth category who have the Baccalaureate part I degree and five years of service or who have ten years of service regardless of their academic background. Admission to it is through a competitive examination, and the period of study is one year.

During the period of study in both programs, the student is paid a full-time salary and following graduation, he is appointed to a civil service job. Before joining either program, an applicant must pledge himself to serve the government for a minimum period of ten years if he graduates from the course successfully. It is interesting to note that the High Grade course is open to foreign participants provided that they are nominated by their governments and pass the entrance examination. 167

Besides these two programs of study for training government employees, the law also empowers the government, whenever it is deemed necessary, to send certain outside applicants or government officials on courses of training in foreign countries. This system has been followed before, to a limited extent, by individual ministries; but the new lav attempts to provide for a more rational and systematic policy in this context, and to centralize responsibility for such training in the

Civil Service Council.

At the time of writing this study, the preparation phase of the institute's work has not been started. The government expects to launch it within a few months, but there are many indications that It may be delayed longer than that.

As was already mentioned, it is extremely difficult to assess the significance and impact of the new training system because it has not yet gone into full operation, tfe can only say that the recognition of the need for training and the creation of the national Institute of fkiblic Administration in response to such a need are, in themselves, encouraging steps and represent a significant improvement. But this alone Is not sufficient unless the efficient staffing and functioning of this new institution, can be ensured. As it is, there are grave doubts about the government's ability to provide the required number of well- qualified teachers to run the institute. Such instructors are siaply not available in the country, and the government has made no advance plans to deal with the problem. When drawing up blueprints for the institute, the government should have taken the necessary steps to send 166 abroad, to some foreign institutes or universities, a group of people prepared to learn all there was to learn about teaching in such a center.

Unfortunately, the government did nothing of the sort and is currently suffering the consequences, since the delay in the opening of the insti­ tute and tte launching of its programs is due mainly to the lack of skilled teaching staff. The government has tried to overcome this problem by importing a number of foreign experts, but this has proved to be a somewhat impracticable step because of the language problem. The

Lebanese government also recently requested the assistance of the United

Hations in finding ejq»rt staff for the institute.

Another important observation with regard to the institute is that the various programs and courses of study have not been based on mny systematic survey of the needs of the civil service but rather on the impressions and opinions of a small group of outside observers and government employees who planned the curriculum. Hence, many of the programs offered by the institute are not necessarily related to the particular requirements of the civil service. This is a serious defi­ ciency; and, unless it is remedied soon, it may cast serious doubts on the whole work of the institute. CHAPTER VIII

EMPLOYEE CONDUCT AND DISCIPLINE

One of the important problems feeing modem bureaucracies is resolving the conflict between the duties of civil servants in their official capacity and their rights as private citizens. Civil servants in Lebanon as well as in other countries have a dual status. On the one hand, they are employees of the government and, as such, are supposed to operate as impartial agents of the general interest and servants of the people} on the other hand, they are private citizens and human beings entitled to the rights and privileges accorded to other citizens who are not employed by the state.

The essence of the problem is that we cannot draw a clear line of demarcation between the official actions of a civil servant while on duty and his actions as a private citizen outside the government office.

The conduct of civil servants in their private capacities as citizens very often has direct or indirect repercussions on their official duties and may impair their status as objective and impartial agents of the government and guardians of the public interest. As a result, civil servants cannot be allowed to exercise and enjoy all the rights which are guaranteed to other private citizens for fear of compromising the neutrality and integrity of the civil service. In trying to resolve the conflict between the rights and duties of civil servants, the latter have to take precedence and restrictions have to be imposed on the exercise of private rights for the sake of preserving the public interest. 170

In the exercise of his civil end civic rights . . • the civil servant, even outside the office, must impose upon himself that degree of moderation which derives from his position as an organ of the public at large* This consideration . , . supports the conclusion . . . that the personal freedom of the civil servant, especially the freedom of speech, of the press, of assembly, and of association, Is subject not only to such limi­ tations as apply to all citizens but also to those special restraints which result from the duties of his office and of his profession. As was the case under the earlier law, the liberties of the civil servant ace restricted by those duties, not vice versa.*

Such restrictions on civil servants have been justified by the theory of the sovereignty of the state. The state as the sovereign guardian of the public interest enjoys supreme authority and can impose its will on all its members. "Government insists that in order to preserve the integrity of public authority, it must possess the right of 2 final determination in all employment relations." The state thus reserves for itself the right to impose on its civil servants any re­ strictions which it deems necessary for safeguarding and promoting the public interest.

In practice, such a philosophy has introduced restrictions on the right of civil servants to participate in political activity, to join trade unions, and to use the strike as a means of collective bargaining.

The degree and extent of such restrictions vary from one country to another, but they do exist in one form or another in practically all

^Gerhard Anschutz as quoted by Fritz Morstein Marx, The Adminis­ trative State (Chicago: The University of Chicago Press, 1?57), p. 1U7.

^Sterling D. Spero, Government as Employer (Mew York: Remsen Press, 19hB), p. 1. 171 modem states. At present, the civil servants in such democratic coun­ tries as the United States, Britain, France, and Western Germany, are subject to a variety of laws Which provide for such restrictions. It is true that the spread of democratic institutions and practices has re­ sulted in greater freedom for civil servants; yet, they still do not

enjoy all the rights guaranteed to the average citizen and are subjected

to strict penalties whenever they deviate fro# the provisions of the lav

in this respect,^

This chapter will be devoted to a discussion of how the Lebanese

administration has dealt with this important problem, the limitations it

has inposed on its civil servants, and the sanctions it uses to ensure

observance of such limitations.

Political Activity

In Lebanon, the regulations governing the outside activities of civil servants are not basically different from those existing in other countries, although they are more severe and strict. The Lebanese constitution in article 13 provides that "the freedom to express one's opinion orally or in writing, the freedom of the press, the freedom of assembly, and the freedom of association shall be guaranteed within the limits established by law.*1^ But, in spite of this provision in the constitution, the Lebanese government has in its personnel lav instituted

^Marx, op. cit., pp. 1LL-1L5.

^Department of Political Studies and public Administration, American University of Beirut, The Lebanese Constitution (Beirut; Khayat's, 1?60), Article 13, p.~*77 “ 172 some significant limitations to the freedom of its civil servants. The main prohibitions included in the personnel lav of 1959 can be divided into three categories:

1. Prohibitions relating to the political activity of civil servants, including the joining of political parties and participation in political affairs. 2. Prohibitions relating to the joining of trade unions or syndicates. 3. Prohibitions relating to the right to strike.

Article 15 of Decree Lav 112, dated June 12, 1959, prohibits civil servants from taking any action Which is contrary to existing regula­ tions. But, in addition to this general provision, it also prohibits civil servants from

. . . taking part in political activities, or joining political parties, or carrying the sign of any party or making or pub- lishing, without the written authorization of their superiors, speeches, articles, declarations, or publications, relating to all matters.5

It is clear from the above-mentioned provision that Lebanese civil servants are subject to a severe regime which even denies them the basic right of joining a political party. As was mentioned earlier, restraints on the political activity of civil servants are common in most Western democracies. But, on the whole, democratic countries today do not go as far as denying a large sector of their citizens the right to join political parties. One can argue that such a regulation In

Lebanon is in contradiction and violation of the constitution which guarantees the right of association.

^Author's translation. The Lebanese goveroment has always argued that the country has still not reached that advanced stage of democratic development which allows the adoption of regulations applied in older and more advanced democracies, such as Britain and the United States. Some people feel that the restraints on joining parties in Lebanon is not only intended as a guarantee of the neutrality and impartiality of the public service, but also as a means of preserving national unity and fostering in civil servants a loyalty to the state which transcends their loyalties to individual groups. It cannot be denied that many of the political parties in Lebanon have their roots in religion and nationalism. Some of these parties do not even believe in the independent existence of a

Lebanese state and look beyond the Lebanese borders for inspiration and support. The religious and nationalist roots of Lebanese political parties have helped to create a sharp and dangerous division in Lebanese society. This dichotomy led directly to the crisis of 1953 which almost led to the disintegration of Lebanon.

As a result, some people in Lebanon argue that it is unwise and dangerous to allow such a spirit of division to permeate the public service. The way to avoid it, they hold, is to impose a strict prohibi­ tion on the political activity of public officials, including the right to join parties.

This argument may appear convincing in theory, but there is a lot to be said about the actual results of its application. It can safely be asserted that a large number of Lebanese civil servants do, in fact, belong to political parties and are active members of them. This is admitted even by the government itself which for years has been declar­ ing its intention of purging the political elements from the public service, but has never succeeded in carrying It out; despite the fact that, after the attempt at a coup d*etat by the Syrian nationalist Party in December 1961, a number of employees who were allegedly active members of this party were dismissed from office. It is needless bo say that politics cannot be eliminated from the civil service by a simple pro­ vision barring civil servants from political activity. Even if a civil servant is actually barred from joining a party, his actions and deci­ sions cannot be devoid of political partisanship and will surely reflect his political sympathies and loyalties. One does not refrain from political activity because the law says so. The problem is much more complex and deeper than this. It is one of instilling new attitudes and values in the minds ofcivil servants and citizen s alik e, and of chang­ ing gome of the cultural patterns of Lebanese society itself. Obviously such, a change cannot be accomplished by the mere provision of laws and regulations. In addition to this law on political activity, civil servants in Lebanon are subject to certain restrictions with regard to running for election. Up to I960, no government employee could become a candidate for municipal or parliamentary elections unless he resigned his job six months before the date of the poll. This blanket prohibition was amended and relaxed in the electoral lav of April 26, 1960.^ The new lav

^Selim Abi-Sader (ed.), Collection of Lebanese Legislation (Sader Press, Beirut, 1962), Vol. V. 17$ excluded civil servants in the third category and belov fro a this ban 7 and allowed the* to run for elections while still in govemaent service,1

If they uere elected, they were required to resign fro* their posts, however.

Employees in the first and second categories are still prohibited from becoming candidates for elections. These two categories constitute the executive and management group in the Lebanese civil service and, as such, are not allowed to engage in political elections. In order to discourage employees of these two categories from resigning to become candidates for election, the law specifies that unless they get at least

20 per cent of the votes cast, they will forfeit all their rights to O indemnity or retirement annuity. This can represent a serious finan­ cial loss to any employee who has spent a long period in government service— a fact which must make him hesitate before embarking on any election venture.

It is worthy of note that it is only In this field that the government has seen fit to relax its regulations. In the past ten or more years, since the first personnel lav was issued, the prohibitions against political and other activities of civil servants have endured without any change. The Lebanese law regulating the candidature of government employees is very similar to those existing in Western democracies. The policy of distinguishing between different categories

7Ibid., Article 30. 6Ibid. 176 of employees is one which has been adopted by Britain and which seems to have some genuine m erits. The other sphere in which the Lebanese law imposes a serious restraint on the rights of civil servants is that of trade unionism and strik e s. The personnel law in Lebanon sp ecifically prohibits government employees from joining trade unions and from striking against the govern- o ment or instigating others to strike. The prohibition against joining trade unions seems a rather harsh restriction and one which involves the denial of a significant right accorded to civil servants in most Western democratic countries. This may be so in theory. But in practice, this is not as serious a limi­ tation as one might imagine because of the fact that the whole trade union movement in Lebanon and the Middle East is s t i l l in its infancy and, hence, of little significance. Today, there are no unions of government employees in Lebanon or any other countries of the Middle

East. In 1956, a Lebanese Committee of Employees' Rights was formed with the main purpose of pressing the employees' claim for higher pay.10 But a fte r the year 1957, when the sa laries of government employees were raised, nothing was heard from it. If we are to take the trade unions movements in the West as a guide, ve can say that it is doubtful whether any unions of government employees w ill be formed before we have wit­ nessed the further development and growth of industrial unions. The

^Decreee Law 112, June 12, 1959 in Adib Y. Sader, Collection of Decree Laws (Beiruti Sader Press, 1959), Article 15.

10Uaar Samih Lababidi, "Public Personnel Ada inistration in Lebanon" (unpublished Master's thesis, American University of Beirut, 1959), p. 112. 177

Lebanese government is fortunate enough not to have to contend with this problem for sane time to cane. The situation with regard to the question of strikes is somewhat different. The strict ban against strikes in the Lebanese law has not by auy means solved this problem. In fact, it is a particularly knotty

one, which has not yet been solved by much more advanced countries in

the West. Although many of these countries have recognized the right of

their employees to join unions, they have been reluctant to accord them

the right to strike against their governments. This is a very contro­ versial issue, and there is a lot to be said both for and against strikes b y government employees. The crux of the problem is pointed out by Spero when he says:

Prohibitions against strikes have never of themselves prevented strikes by employees who regarded their grievances sufficiently great to lead them to assume the risks. Illegal strikes doubtly damage the authority of the sovereign which the very denial of the right to strike seeks to preserve.H

The ban against strikes in Lebanon has not succeeded in eliminat­

ing them, tfe have had a score of strikes by government employees, the most notable of them being the 1953 strike of telephone employees and

the 1957 strike by engineers in the Ministry of Public Works. In 1959,

a strike by the garbage workers of the Municipality of Beirut, which

lasted for over a month, created a serious health threat to the popula­

tion and clearly revealed the danger that could result from the inter­

ruption of such essential services. It is also claimed that, in 1957,

^Spero, op. cit., p. 15. 176

the government agreed to increase its general level of pay only after a

strike threat by public officials, It is worthy of mention that, in all

tte above-mentioned strikes, the employees were able to fulfill their

demands, and the government failed to take any action against them.

This ail helps to illustrate the point that strikes can best be

eliminated not by prohibitions included in law, but by the elimination

of the causes of dissatisfaction on the part of employees and by giving

consideration to their demands.

In any case, if the freedom of the workers is to be restricted, justice and sound administration demand that management accept responsibility for the establishment of machinery for peaceful solution of grievances and of more basic issues.^ But just as civil servants have certain obligations towards their

government, the latter has, in the words of Professor Marx, a duty of fidelity and care toward its employees. In Lebanon, the government has not, to say the least, shown any great awareness of such obligations towards its civil servants. Demands and grievances advanced by them have often been ignored or shelved, producing feelings of frustration and dissatisfaction. The strike or threat of strike thus becomes the

most effective means by which they can impress their demands on their employer. This is really a sad state of affairs. If the government in Lebanon is determined to elim inate strik es or even to reduce them, i t

*^The Federal Government Service? Its Character, Prestige and Problems, fin a l report of the Si3Ah American Assembly (Graduate School ot business, Columbia U niversity,l?5b), p. lU5.

■^Marx, op. cit., pp. 120-121. 179

should start to display a more positive attitude and endeavor to devise

a personnel system which meets the interests of its employees.

D iscipline

In order to ensure that the conduct of civil servants, both

within and outside the service, is always in accordance with the estab­

lished norms and standards set by law, the Lebanese government has at

its disposal a number of sanctions and penalties which it can inflict on

its employees. The Lebanese personnel law outlines in great detail the

various types of punishments and the procedure through which they can be

applied to secure the desired obedience from civil servants. Here again

the Lebanese law and practice have been influenced by the French con­

tinental system which has succeeded in developing an elaborate an! com­

prehensive disciplinary code. Such elaborate disciplinary systems are

typical of countries whose governments are responsible for and can be

sued for the acts of their employees. The government of Lebanon, which

has to answer for the acts of its agents, bad to develop a system of

control and punishment which would minimize its responsibility in this

respect.

The penalties to which civil servants In Lebanon are liable, and which vary from a simple reprimand to discharge from the service, are divided into two broad categories: first degree and second degree. The

first degree penalties, which are the lighter ones, include the follow-

^Article 55, Decree Law 112, June 12, 1959, Collection of Decree Laws, op. cit., p. 111. 180

1. Reprimand. 2. Deduction of salary for a maximum period of 15 days. 3. Delayed advancement within the grade for a maximum period of six months.

The second degree penalties, which embrace more serious punish­ ments, are as follows:

1. Delayed advancement within the grade for a maximum period of thirty months. 2. Suspension without pay for a maximum period of six months. 3. Demotion within the grade. h. Demotion of the grade. 5. Dismissal from the service. 6. Discharge from the service.15

Disciplinary penalties of the first degree can be imposed by ministers, directors general, directors, chiefs of service, chiefs of departments, and the Central Inspection Service. The more serious, 17 second degree penalties can be imposed only b y Disciplinaiy Councils,

Here again the law describes in great detail the procedure which should be followed by the Disciplinary Councils In conducting hearings and inflicting punishment.

The Disciplinary Councils, which are a French innovation adopted by Lebanon, are special judicial councils which are set up to judge the conduct of government employees and impose appropriate penalties on them.

In Lebanon these are basically of three types. One adjudicates in cases involving employees of the first and second categories and of inspectors

l^The difference between dismissal and discharge is that the latter involves loss of indemnity and retirement privileges.

l^Decree Law 112, June 12, 1959, og* Article 56, p. Ill,

17Ibid. 181 attached to the Central Inspection Service. This council is composed uf the three members of the Civil service Council, a judge named by the

Ministry of Justice, and a civil servant of the same rank as the employee being judged, named by the Prime Minister. The chief of the Central

Inspection Service, or one of his inspectors, acts as the government's representative on the council.

The second Displinary Council Is one which judges employees of the Foreign Service. Its members are named by a special decree.

The third Disciplinary Council is the one which judges cases involving all other employees of the civil service. Its members are appointed for a period of one year, upon the recommendation of the chairman of the Civil Service Council, and include a judge, three em­ ployees from the second category, and an employee of the same rank as the one being judged. Again, the chief of the Central Inspection

Service, or one of his inspectors, acts as the government's representa- 1 ft tive on the council.

As may be observed from their composition, these disciplinary councils are intended to function as independent and objective bodies which can guarantee to the civil servants a fair hearing and prosecu­ tion. The moment a case is referred to then it becomes their complete responsibility to conduct hearings and render judgment without any

Interference or pressure from superiors or outsiders. Decisions of these councils can be appealed to the Council of State which can either

^Ibld., Article 57, p. 112. 162 annul or confim them. Confirmed decisions become final and come into force immediately. It is significant that decisions of disciplinary councils are not subject to a pardon, unlike sentences imposed by

19 ordinary courts of law.

When, a goverment employee is charged with some violation of the regulations which justifies disciplinary punishment of the second category, his immediate superior recommends that the case should be heard by the Disciplinary Council. However, the actual reference to the

Disciplinary Council can only be made by the authority which had the right of appointing the employee. In. the case of employees of the higher categories in Lebanon, this means that the Council of Ministers has to decide in such issues, and secure the approval of the President of the Republic. The decree which refers an employee to the Discipli-

n A nary Council can also suspend him from his job pending its decision.

When a case reaches the Disciplinary Council, the representative of the government is responsible for conducting an inquiry and obtaining all necessary information and documents relating to it. Within a period of one month, he is required to submit to the chairman of the council a detailed report on the case, Including his own reccomendations. After receiving this report, the chairman should convene a meeting of the council within one week. The meetings of the council are held in secret 21 and are valid only if attended by all members.

19Ibid,, Article 60, p. 113- 2QIbid., Article 56, pp. 112-113. 21Ibid., Article 59, p. 113. 103

The accused employee is supposed to attend the hearings in person.

If he fails to do so, he is tried iji absentia. The accused is entitled to read the whole dossier relating to his case and to copy any documents 22 he may wish to use in his own defense. He is also allowed to employ one lawyer to defend him or to ask a fellow employee of similar rank to his own to represent him.

The council is required to hold hearings and render a decision in the case within a period of two months from the time the report of the representative of the gaverment is received. The decisions of the council are reached by majority vote, but any minority is allowed toy record Its dissenting opinion. Decisions of the council are not final because the employee can still appeal to the Council of State. It should be noted that the Council of State can neither alter the court's decision nor impose a different penalty. It can onlj- annul the decision on the basis of irregularities in the proceedings and ask for a retrial, or else confirm it, thus making it final. The acceptance of any case by the Disciplinary Council does not preclude the possibility of criminal 21 prosecution in the ordinary courts of law and vice versa.

There is one variety of disciplinary action which was introduced in the personnel law of June 12, 1959, and which is outside the respon­ sibility of Disciplinary Councils; namely, dismissal on the grounds of inefficient performance. Until the year 1959, the personnel laws in

22Ibid.

23Ibid., Article 61, p. llU. Lebanon did not provide for the dismissal of inefficient employees.

Employees could be dismissed on disciplinary grounds, but there was no way of eliminating those whose performance was consistently and clearly below the minimum acceptable standards of efficiency. This drawback was overcome in the law of 195? which provided that the newly established

Civil Service Council in Lebanon should be responsible for ascertaining the efficiency of government employees and dismissing inefficient ones. 2h

This is a significant improvement provided that the new Civil Service

Council can establish realistic standards of performance and devise a valid system for measuring the abilities of government employees against such standards. Otherwise, there is a danger that this newly acquired power may result in some arbitrary and unjustified dismissals from the public service.

In trying to evaluate the disciplinary system in Lebanon, the first point to be made is that, from the standpoint of employees, the disciplinary courts have helped to protect them against abuses of power and arbitrary actions by the administration and have guaranteed them some sort of fair and impartial trial by a neutral judicial boty. This, in itself, is a definite contribution to the Lebanese administration.

But it should not be forgotten that in its present form the system suffers from certain deficiencies which should be remedied immediately if it is to operate efficiently.

%bid., Article 71, p. 117. 185

The first observation which strikes the researcher In this

respect is the wide gap between the theory behind the system and its actual application in the Lebanese administration. The system looks

fine on paper but seems to break down in several places in practice. To

begin with, the number of disciplinary cases taken up by the councils

each year and the number of penalties Inflicted are amazingly small. It

is difficult to obtain accurate statistics concerning disciplinary cases;

but the figures available for the year 1956, which for all practical

purposes may be considered as representative of other years, should help

to throw some light on this point. In that year, some forty-one cases

were referred to disciplinary councils— out of a total force of approxi­

mately lli,000-15,000 employees in the civil service. The penalties 25 imposed in these forty^one cases were as follows:

Suspens ion 2

Demotion 2

Salary deduction 17

Delay of Promotion 3

Acquittals 9

Dismissals 6

Total kl

One cannot help being surprised by these figures, specially if one bears

in mind that the Lebanese civil service is not precisely known for its

high degree of integrity and adherence to moral standards.

^^Lafaabidi, oj>* cit., p. 1 18. 186

Another characteristic of the system is that it is exceedingly

slow and cumbersome and cannot b y any means provide prompt and firm punishment when it is needed, suffice it to say that it requires the approval of the whole Council of Ministers and the personal authority of

the President of the Republic to refer a case to a Disciplinary Council.

In the past, some cases dragged on for months and even years before a

final verdict was reached. The new law has tried to ameliorate this

tardiness by setting deadlines for reaching decisions, but even these

allow approximately four months for the settlement of cases. Since most

decisions are ultimately referred to the Council of State, this period

is stretched to a minimum of six months.

This defect, of course, is typical of all committee systems and

cannot be easily avoided unless a change is made and disciplinary

authority vested in the hands of one man. There are many advocates of

such a change in Lebanon, and this point of view has its merits. Ait before such a drastic alteration is made, a careful weighing of the merits and disadvantages of each approach should be made in the light of

U w special conditions and needs of the Lebanese civil service.

Another comment which is frequently made about the system is that

the present arrangements for disciplining e^)loyees violate the elemen­

tary principle that authority should be commensurate with responsibility.

Top management cannot exercise its responsibility of internal control if disciplinary authority is delegated to special disciplinary councils.

There is much to be said in favor of such an argument, but employees on the whole do-not favor it because they are afraid of the possible abuse 107 of disciplinary powers by individual administrators and prefer to be

Judged by a neutral board.

Professor Sharp in discussing the French civil service states that "As yet, this evolution toward the * Jurisdictionaliration* of the forms which administrative disciplinary action may take has not gone so far as to define what a disciplinary fault is.*^ This is definitely true of Lebanon where, despite the elaborate variety of disciplinary penalties and procedures, there is no definition of what constitutes a disciplinary offense and what penalties are justified for different offenses. As a result of this situation, disciplinary councils in

Lebanon enjoy full discretion in imposing penalties which they hold to be commensurate with the offense.

The final comment to be made about the disciplinary system in general is that it is negative and authoritarian in nature and is becoming outmoded in this modem age. Lebanon, as a result of borrowing from the French continental administrative system, which was to a great extent shaped by .-lawyers laying cap has is on the notion of sovereignty and the duties and obedience of civil servants, has developed an authori­ tarian concept of administration and discipline. The concept of discipline in Lebanon is associated with punishment and betrays a nega­ tive attitude. The stress is always on what employees should not do and on strict adherence to existing laws and norms of behavior. It invites a strictly negative reaction having no roots in the positive concept of

^Halter Sharp, The French Civil Service: Bureaucracy in Transi­ tion (Mew York: Macmillan Company, 1931), p. 287. 186 agreement and acceptance which is becoming typical of modern democratic countries. In the words of Professor Stahl

The conduct of a civil servant while on duty should be according to a generally accepted and clearly defined code of ethics and behavior. Adherence to high standards, however, is the result of all the forces which create morale, self discipline, and efficiency ratter than of the formal techniques of consuls ion. In the “£ll~ developed public service, men and women are led— not driven. 7

The Lebanese government has yet to catch up with these new ideas and attitudes. A system of disciplinary penalties, no matter how elaborate and comprehensive, cannot by itself ensure proper conduct by civil servants. This is not to say that the principle of punishment and discipline should be discarded. But in addition to maintaining such a system, the government should concentrate its efforts on instilling and developing in its employees an appreciation of professional ethics which, in the last analysis, will dictate to them standards of conduct that will be observed without any need to resort to compulsion.

^Stahl, op. cit., p. b60. CHAPTER IX

PERSONNEL MACHINERY

One of the characteristics of the Lebanese administrative system, which is rather typical of transitional countries in general, is the gap existing between certain laws and their actual application. In Lebanon, this is evident in the field of personnel administration where the legislature has attempted to establish a merit system through a rela­ tively adequate personnel law but where poor and improper application of this law has resulted in a defeat of its main goals and purposes.

Until 1959, Lebanon, like many other countries which were influ­ enced by continental patterns of government and administration, had a departmentalized personnel system. The personnel law did not provide for a central agency which could administer personnel matters on a government-wide basis but, instead, entrusted this function to indivi­ dual ministries which were often not properly equipped for such a task.

The inevitable results of such a set-up, in addition to its high cost, were an intolerable lack of uniformity and a duplication of effort. A more serious result of such an arrangement was the fact that it invited political interference In personnel matters. The ministries in Lebanon, which practices a parliamentary form of government, are unavoidably subjected to political and sectarian pressures from parliament and from the public. It is extremely difficult for a Minister to ignore the demands of his colleagues in parliament or of his constituents. Very 190 often, he has to satisfy such wishes and demands even if this was done at the expense of public interest.

Such a system, which subjects administration to political en­ croachment and interference, is bad enough in aiy country; but it is far worse in Lebanon because of the significant role lSiich sectarianism plays in the whole society and government. Sectarian pressures and influences have had equally or possibly more adverse effects on the administration of the personnel function than has the political factor.

Thus, despite the existence of a personnel law in the country, the achievement of a merit system is practically impossible under such circumstances.

The government gradually realized the need for a central personnel agency which would help to overcome the flaws and weaknesses of the existing practices. The earliest attempt to establish such an agency dates to February 18, 19U2, when a Directorate of Personnel was estab­ lished and was attached to the office of the President.* The main functions of this Directorate were:

1. To maintain personnel files of all civil servants. 2. To give an opinion in all cases involving the appointment, transfer, promotion, dismissal, or retirement of civil servants. The Directorate of Personnel was to check the legality of such personnel action before they were finalized. Unfortunately, this Directorate was not taken seriously and did not really come into existence except on paper-

^Decree No. 2U0, dated February 16, 19U2. 191

In 1955, and following the recommendation of some experts,

notably Mr. Culbertson of the Ford Foundation,^ the Lebanese government

created a Permanent Civil Service Council attached to the Prime Ministers

Office. Two Dutch experts were also employed and were assigned to work

■5 with this new council. The functions and powers of th is council, which were defined in

Decree No. 9393 of May 30, 1955, were purely advisory. It was expected to conduct studies in the fields of personnel administration, organiza­ tio n and methods and to submit recommendations to the Council of Ministers. It did not have any authority to implement needed changes in these fields. The achievements of this council were limited to a very few studies which were hurriedly made and which were never adopted or

implemented try the Council of Ministers.

I t was not until 1959, that the government took some decisive

steps in that respect. In that year, the reform movement helped to

focus attention on the many evils and weaknesses of the existing per­

sonnel system. The studies conducted by saae of the reform committees

had revealed and pin-pointed many personnel problems which needed imme­

diate attention. The writer of this thesis, having served as a member

on two of these reform committees, is acquainted with many of the

problems encountered in the field of personnel administration. Citing a

^Robert Culbertson, "Report and Recommendations to the Government of Lebanon for a Program of Public Administration Improvement (unpub­ lished report), part II, p. 23.

^Ralph E. Crow and Adnan Iskandar, "Administrative Reform in Lebanon, 1958-1959," International Review of Administrative Sciences, Vol. m n , No. 3, 1961, p. 295. 192 few examples vill help to give an idea of the existing situation at

the time.11

These studies revealed that soae ministries and departments were overstaffed; whereas, many others were understaffed and in desperate need of additional personnel. A redistribution of personnel among these

departments would greatly help to ease their problems.

It was found that in many departments, hiring and firing of employees was done on an entirely arbitrary basis without much regard to ability and competence. In many cases, this was based on purely politi­ cal and sectarian influence and interference. These practices seriously undermined the morale of the employees and provided the public with an unfavorable image of their civil service.

Another serious problem uncovered by these studies was that

salaries assigned to different jobs by the salary scale were to a great extent meaningless. In many instances, government employees were granted a variety of additional supplements and allowances which, in some

instances, amounted to eight tines their basic salaries.

In the field of examinations, it was found that in recruiting for the same jobs, different ministries, and even different departments within the same ministry, gave different examinations and set different standards for passing these examinations.

Another important problem revealed by these studies was the almost complete lack of any training facilities for government employees.

^As reported by the Civil Service Council in a statement pub­ lished in al-Jarida, No. 2681, September 16, 1961. 193

Aside from a very few employees who were sent to foreign countries for further study and training, the Lebanese government had very little to offer in the form of in-service training for employees who badly needed it. Even in the case of employees who were sent abroad for training, the government never bothered to work out adequate programs of study for them or to make sure that they were receiving training relevant to their work.

It was also evident that many government employees lacked the necessary training and qualifications which enabled them to perform satisfactorily in their jobs. This was the result of many factors; such as, recruitment and selection methods, and political and sectarian in­ fluences. It was a problem which could not be ignored by any close observer of the Lebanese Civil service.

Finally, it was found that the existing system of personnel record and files was out-of-date and utterly inadequate. The personnel files of government employees were poorly kept and had practically no data or information about the personnel history of these employees.

This is by no means an exhaustive list of all the problems unraveled by the various reform committees, but it helps to throw some light on the seriousness and the magnitude of the personnel problem facing the Lebanese government.

In the light of these findings, the government realized the need for the creation of an agency which would bring some order and uniformity into the field of personnel administration. The Central Committee for

A

The function of this Civil Service Council is to supervise the application of the Personnel Law and actually exercise many of the authorities given in it. The following list will help to give an idea about the comprehensive role which is assigned to this council.^

1. The Civil Service Council is responsible for determining the number of personnel in the various departments and pre­ paring manning tables for them. 2. The council is responsible for determining conditions of employment, for administering examinations and for select- ing employees for various governmental departments. In this respect, the council is entrusted with the respon­ sibility of applying a competitive system of examination which will take into consideration the sectarian balance in the country. 3. The council is responsible for abolishing all illegal appoint­ ments in the public service. U. The council is responsible for supervising and approving all transfers and promotions in the public service.

^Decree Law llh, June 12, 1959f in Adib Y. Sader, Collection of Decree Laws (Beirut: Sader press, 1959), Vol. I, Article-1.

^Official Statement Concerning Aitainistrative Ffefora by the Civil Service Council, published in Al-Jarida, So. 2603, September 9, 1961* 195

5. The Civil Service Council is responsible for supervising the performance of all civil servants and for dismissing those whose performance does not meet the established standards. 6. The Civil Service Council is responsible for referring to the Disciplinary Council any civil servant who commits a viola- tion of existing laws or regulations. 7. The Civil Service Council is responsible for maintaining personnel files and records for all government employees. 8. The Civil Service Council is responsible for the training of all government employees and for the preparation of outside persons who are willing to join government service. 9. Finally, the Civil Service Council is responsible for adopt­ ing and improving personnel policies in accordance with the growing, evolving needs of the public service.

In addition to this wide range of functions in the field of personnel administration, the Civil Service Council was entrusted, together with the Central Inspection Service, with the special, tem­ porary task of directing and guiding the last stages of the reform

7 movement of 1959. This task has distracted the attention of the Civil

Service Council from its more basic and permanent responsibilities at a time when it had to concentrate fully on the task of organizing itself and getting started.

It is evident from the above list of responsibilities that the

Civil Service Council was intended to play the dominant role in all matters relating to personnel administration. It was conceived as the guardian of the personnel law and the final arbiter and authority on personnel natters throughout the whole public service. The Civil

Service Council was considered as one of the main pillars of the 1959 reform with very high hopes attached to its creation. It was thought that the Civil Service Council would help to eliminate, or at least

^Decree Mo. 2968 of December 26, 1959. 196

reduce, political interference and meddling in the civil service by

removing the personnel function from the jurisdiction of individual

ministries and entrusting it to an independent, expert agency which

could be free from all these pressures. Personnel administration under

the previous system was handled in a very amateurish, casual way by

various ministries which did not have the properly equipped staff to

deal with such problems. The creation of a Civil Service Council with

the necessary authority and an expert staff would bring reason and order

to the personnel operations of the government.

In this connection, it should be mentioned that the Central

Committee of Adulnistrative Reform, which submitted the plan for the

creation of the Civil Service Council, had envisaged even a more im^

portant role for it. The original plan submitted to the Council of

Ministers included, among other functions of the Civil Service Council,

those of inspection and Research and Guidance work. For some reason,

this plan was not approved by the Council of Ministers which decided to

establish a separate agency attached to it and entrusted with both

Inspection and Research and Guidance work throughout the whole public Q service. Some claim that the Council of Ministers was not willing to

concentrate all these functions and powers in what would amount to a

super agency and, as a result, decided to split them among two agencies:

the Civil Service Council and the Central Inspection Service. Such an

arrangement also enabled the government to satisfy the two major

^Yearly Report of the Chairman of the Civil Service Council in Official Gazette, Mo. lU, March 30, 1962, p. 301. 197 religious communities in the country by appointing a Maronite as the

head of the C iv il Service Council and a Sunni Moslem as the head of

Central inspection Service. In a personal interview with one of the

Lebanese ministers, who wants his name withheld, he emphatically told the author that the religious factor was the main consideration in the

creation of two instead of one agency as was originally proposed by the

Central Committee for Administrative Reform*

Organization of the Civil Service Council

The basic organizational structure of the Lebanese Civil Service

Council is defined in Decree Law 112 o f June 12, 1959, and Decree 2A59 o f November11, 1959. It is headed by a council composed o f a chairman, who is the ch ief executive o ffic e r , and two members. The Chairman o f the Council is vested, within his own agency, with the same administra­ tive and financial powers which are normally vested in a Minister, with 9 the exception of the constitutional powers.

The chairman and the two members are appointed for an indefintte period by a decision taken in the Council of Ministers and approved by the President o f the Republic* They can be dism issed from the service for any cause like other civil servants provided that the recommendation for dismissal is made by the Prime Minister and approved by a special committee composed of the First President of the Court of Cassation, the

President of the Council of State, the President of the Bureau of

Accounts, the Chief of the Central Inspection Service, and the highest

^Decree Law 112, June 12, 1959, op. cit., Article 6. 190 ranking Director General,^ It is quite evident that this arrangement provides the chairman and the members of the council with extensive, sure guarantees of security of tenure and enables them to operate independ­ ently of outside political pressures. During the relatively short period of time since its establishment, it has become clear that the government, and specially the President of the Republic, seriously intend to enhance the prestige, status, and independence of the Civil Service Council and to protect it against vicious attacks by politicians who see it as only a threat to their traditional interests and powers.

One can safely say that both in the law and in actual practice, the

Lebanese government has been wise enough to accord the Civil Service

Council the necessary guarantees and protection which are indispensable for properly carrying out its functions. An agency which is primarily established to put a limitation to political, sectarian, and other pressures in the civil service should itself be completely free from such pressures. This fact, in itself, is quite an achievement in

Lebanon, where the civil service has been so susceptible to outside interferences that it has become extremely difficult to believe that any governmental agency can really be independent and resistant to such influences.

Under the cou n cil, there are two main departments, the Personnel

Department and the Preparation and Training Department. The Personnel

Department is responsible for all matters which relate to the application

i0Ibid., Article 6 and 7. 199 of personnel rules and regulations throughout the government; such as, examinations, appointments, promotions and dismissals for unsatisfactory performance. The work of this department is divided among two services: the Employment Service and the Research and systems Service.11

The preparation and Training Department is responsible for supervising the National Institute of public Administration, created in

1959, and which was intended for the improvement of the q u ality of public employees through in-service training programs and through pre-entry training of persons Interested in joining the public s e r v i c e . 12

In addition to these two departments, there is a secretariat which is responsible for handling the administrative affairs of the

Civil Service Council; such as, the mail, communications, filin g, and other clerical duties,1^

It is still early to evaluate the work of the Lebanese Civil

Service Council as it has been in existence for a relatively short period of time and has not had enough time to develop into a full- fledged central personnel agency. A careful study of the work of the

Civil Service Council up to the present time is very revealing and will throw some light not only on its achievements but also on the many problems which it faced and the obstacles which have hindered its smooth and effective functioning.

^Decree Mo. 2b59, Q£. cit., Articles 8 and 10.

12Ibid., Article lU.

^Ibid., Article 7. 200

There is no doubt that in these early years of its existence, the efforts of the Civil Service Council were unavoidably concerned with the negative rather than the positive role and functions which were envisaged for it. This seems to be a typical trend and characteristic ofmany central personnel agencies in their early years of development, in this stage of their developaent, civil service commissions tend to act as policing agencies whose main function is to see that the lav is strictly observed and obeyed without due regard to the more positive aspects of stimulating, expediting, and improving administrative action.

In this respect, it should be noted that in creating the Civil

Service Council, the Lebanese government was aware that it s main con­ tribution lies in the positive role which it could play in promoting greater efficiency in the public service. The Civil Service Council was not intended, by any means, as a policing agency with emphasis on its negative role of preventing dishonesty, corruption, and deviations from existing rules and regulations. Such a policy on the part of the government is somewhat evident in the discussions which took place in the meetings of the Central Committee of Administrative Reform concern­ ing the establishment and functions of the proposed Civil Service Council and also in the powers and functions which were accorded to i t .

Despite all of this, the work of the Civil Service Council in its first two years of existence, as judged from the first annual report of its chairman, tended more towards the negative side. The Civil Service

Council seemed to have acted mainly as a watchdog whose main mission was to see that all personnel rules and regulations were strictly and 201 rigidly observed throughout the whole governmental service. During the year I960, the Civil Service Council acted on some 2,328 transactions involving various aspects of personnel administration throughout the public service; such as, promotions, transfers, and retirement can hardly think o f any personnel action o f any sign ifican ce which can be completed without the prior approval of the Civil Service Council.

There is no doubt that such a situation has resulted in a delay in the transaction of official business. In fact, there have been many complaints by various ministries and departments that this comprehensive and wide control which is exercised by the Civil Service Council in the f ie ld o f personnel adm inistration is obstructing th eir work. There is definitely ouch truth in such complaints. But, on the other hand, one should admit that the work of the Civil Service Council has undoubtedly brought some order and uniformity to the personnel operations of the public service. The various ministries and departments which have been used to a more decentralized personnel system have yet to adjust to this new system which has deprived them of some of their functions and powers.

Aside from the greater uniformity and adherence to established regulations which has been fostered by the Civil Service Council, one can also point to some other achievements which are more positive in nature and which con stitu te a somewhat sig n ifica n t contribution to personnel administration in the Lebanese public service. The most important achievement in this respect is the in-service training program started

Chairman of the Civil service Council for the year I960, op. cit., p. 239. 202 by the National Institute of Public Administration under the supervision and guidance of the Civil Service Council. Although the Institute has not yet launched its pre-entry training program as planned, the in- service training sessions which have been held for various categories of civil servants have been reasonably successful and w ill, in the long run, prove to be of tremendous value to the civil service. The work of the National Institute of Public Administration was discussed in an earlier chapter and need not be emphasized here again. The Civil Serv­ ice Council is presently planning for the launching of its pre-entry training program which it hopes to start sometime before the end of the year 1963.

Another aspect of personnel administration which received the serious attention of the Civil Service Council is that of examination.

As was pointed out in earlier parts of the work, the examinations which had hitherto been administered by various departments of the public service were far from satisfactory. Examination questions were hur­ riedly prepared by amateurs who were not sufficiently versed in the subject matter of the examination. The result was often unreliable and invalid tests which could not possibly discover and properly measure the abilities of candidates.

The Civil Service Council, with the help of various standing examination committees set up in different ministries and properly staffed by expert personnel, was able to improve significantly such examinations through more careful, serious study and planning. One of the notable improvements in this respect is the introduction of the 203 interview as a supplement to the written test and of practical tests where the needs of the job require thea. During the year I960, the Civil

Service Council held six competitions for 2,060 candidates. ^

For the f i r s t time in it s h istory, Lebanon now has a sp ecial department in the Civil Service Council which is undertaking continuous research In the field of testing and the principles of testing. This is a specialized, technical field where scientific research and study is of the utmost importance and where no country which is not up-to-date in recent developments and improvements can r ea lly hope to maintain an adequate selection program. It is hoped that the seriousness with which the Civil Service Council views this whole matter and the attention it has given it will result, over the years, with a definite improvement in the quality of public employees.

Another field in which the Civil Service Council has aade a com­ mendable headway is that of personnel records. Until recently, personnel records in the Lebanese Civil Service were practically non-existent.

The most basic and essential data for aaking day-to-day personnel deci­ sions and for preparing personnel reports was sadly lacking. Planning for future operations was impossible under such a situation.

The C ivil Service Council was aware o f th is d istressin g fa c t and gave priority to this problem. It has established central personnel files for all government employees and has devised new forms which w ill record all essential data and information about every employee. It is obvious that such a task cannot be accomplished overnight but requires p ersisten t and hard work over a long period o f tim e. The C iv il service

l^Ibid. p. 2ia. 20U

Council is presently hard at work trying to obtain needed information about every employee in the government through the completion of various forms and data sheets. By the end of the year I960, the Civil Service

Council had approximately 125 employees who were engaged in this opera­ tion on a full-time basis.

Finally, one significant and interesting activity of the Civil

Service Council is worthy of mention, although it has been exercised on a very limited scale. The personnel law in Lebanon, in its article 71, gave the Civil Service Council the authority to check the performance of civil servants in order to determine whether or not it is satisfactory.

In cases where on the job performance is judged as unsatisfactory, the employee can be dismissed.

This is a cc^letely new innovation in the Lebanese personnel law. For u n til 1959 > a. c iv il servant in Lebanon could be dismissed from the service through disciplinary action for a variety of causes} but there was no provision for the dismissal of employees whose performance was below a minimum satisfactory level. The Civil Service was stuck with them and could simply do nothing about it.

In accordance with this new provision in the personr«*l law, the

Civil Service Council handled a limited number of cases where the per­ formance of the employees was being questioned. The Civil Service

Council conducted its own investigations and in two of the cases decided to terminate the services of the employees. The Civil Service Council

*^Ibid., p. 25>h. has been somewhat cautious in exercising this new, and for Lebanon, h itherto unprecedented function. The cases referred to above were investigated upon the request of the department concerned. Many depart­ ments have expressed their apprehensions about this function of the Civil Service Council, which could easily be abused. This is certainly true; but on the other hand, one can hardly imagine an organization which cannot get rid of its mediocre, inefficient personnel. The two cases of dismissal handled by the Civil Service Council have served a purpose by giving a badly needed warning to public employees th a t, a t la s t, the government can and intends to do something about those who are not carrying out their duties in a satisfactory manner.

In trying to assess the work of the Civil Service Council in its early stage of existence, one cannot deny the fact that it has performed creditably under existing circumstances. One should not overlookseme of the problems and shortcomings which have considerably affected the work of the C ivil Service Council. The most important of these is th at the Civil Service Council has not yet been able to staff itself fully with properly qualified, trained personnel. The work of the Civil Service Council is a rela tiv ely new fie ld in Lebanon; and as a re s u lt, it is most unlikely to find an adequate number of competent personnel who could undertake this type of work. Thus, for the coming few years, the Civil Service Council will naturally be devoting a good part of its efforts to preparing and training the necessary number of civil servants who are expected to take charge of various personnel operations. Another serious obstacle which has hindered the speedy develop­ ment of the C ivil Service Council is the opposition and resistance which was presented by politicians. The ministers, deputies, and other tra­

ditional politicians in the country saw in the Civil Service Council a serious threat to their interests and naturally attempted to thwart its work. But, despite all of this opposition, the Civil Service Council has been able, in a relatively short period of time, to assert itself as one of the powerful agencies of government and to win recognition and

respect from public employees and politicians. This success is attrib­ uted to both the earnest, consistent support of the President of the Republic and the objective and efficient work of the Civil Service

Council itself. This, in itself, probably constitutes the most impor­ tant achievement of the Civil Service Council up to the present time. Finally, one important problem encountered by the Civil Service

Council is the conflict of authorities and jurisdiction with other agencies in the government. The most serious conflicts and duplication of efforts came from the Ministry of Finance, the Bureau of Accounts, and the Central Inspection Service and its Research and Guidance Office.1^ All of these control agencies, like the Civil Service Council, have responsibilities for checking governmental transactions and seeing whether or not they are in accordance with the lav. The Chairman of the

Civil Service Council pointed out in his yearly report that such dupli­ cation is a waste of time and effort and results in serious delays in governmental business. In the reform movement of 1959, the Lebanese government not only created some new control agencies in the civil service, like the Civil service Council and the Central inspection

Service, but also strengthened the control powers of some already existing ones, like the Bureau of Accounts. It is quite possible that the Lebanese government might have carried this to an extreme. There is no doubt th at the control powers exercisedby this multitude of agencies has resulted in stricter adherence to the lav, but at the expense of greater speed in administration. A careful relaxation of such controls will definitely help in expediting the transaction of official business without significantly resulting in greater deviations and violations of the lav. Despite all of these difficulties, the Civil Service Council in Lebanon has been able, during a very short period of time, to develop into a respectable and effective agency which can point to some impor­ tant tangible achievements. The continued development and success of the Civil Service Council will depend to a great extent on the support which it v ill receive from the public which has attached high hopes to the creation of such an agency. The Civil service Council should launch a vigorous public relations program which vill enlist and marshall the support of public opinion for the work of the council. This would be the best guarantee for the Civil Service Council against the relentless attacks which politicians are expected to continue as long as the Civil

Service Council continues to step on their toes and to defy their in te re sts. CHAPTER X

OOXCLUSIOI

A close examination of the development of the civil service in

Lebanon reveals a certain familiar pattern which is typical, to a varying degree, of many developing countries which have recently emerged from foreign rule and domination to a status of independence. Having been subjected to Ottoman and French rule for a long period of tine, Lebanon naturally has not been able to develop its own institutions of govern­ ment and administration but accepted whatever patterns were introduced or

Imposed by these powers.

The transition from dependence to independence is a basic and fun­ damental change, in fact a qualitative change, which entails a change in the needs and objectives of the nation and which inevitably requires a re-examination of the existing Institutions of government and adminis­ tration in order to re-orient them to the new goals and objectives of a young and developing nation. For some time Lebanon seemed to be some­ what unaware of the significance of this basic and fundamental change and of the need to reform its administration and prepare it for the new tasks and responsibilities thrown upon it. This, for sure, is not an uncommon failure in newly independent countries. For it is well known that in Lebanon, as well as in other countries which have been through a similar stage of development, the struggle for independence unavoidably developed into an all pervasive end in itself, to which all efforts were devoted and, compared to which all other considerations seemed to be matters of trivia. This neglect of the administrative aspect of govern­ ment carried over through the early years of independence when the country was still beset by a multitude of foreign and domestic issues which took precedence over administrative problems and diverted atten­ tion from them. Once this stage was over, Lebanon started to turn its attention to the all-important objective of economic and social develop­ ment and of catching up with the rest of the more advanced countries.

It is precisely at this stage that the deficiencies of the Lebanese administration were highlighted and the need for its improvement became an urgent problem. It was clearly realized that the inherited adminis­ trative machinery, which might have been doing a satisfactory job during the mandate period, was not properly equipped to deal effectively with the new problems of this vigorous nation. It was becoming clear that all attempts at social and economic development would be futile without the essential prerequisite of a modernized, technical, and efficient administrative machinery capable of shouldering these new and growing responsibilities.

In 1952, as a result of growing popular resentment and dissatis­

faction with the widespread corruption and inefficiency of the govern­ ment service, a general strike led to the resignation of President

Bechara el-Khoury. His successor, president Camille Chamoun naturally showed more concern with administrative problems and sponsored few abortive attempts at reform of the public service. But these were super­ ficial and unsuccessful attempts which did not result in over-all signi­ ficant changes in the administrative machinery. The Lebanese government, 210 although aware of the need for administrative refora was not, however, aware of the proper approaches and methods to be used in bringing about

the desired changes. These unsuccessful attempts, however, served a very important purpose by intensifying the existing awareness of the need for reform and throwing some light on the kind of problems faced and the ineffectiveness of methods and techniques used in coping with them. This growing awareness for reform finally culminated in the 1953

reform movement which is probably the most ambitious and serious attempt a t adm inistrative improvement in the history of Lebanon. The c ris is of 1958, which among other things was the result of the poor and ineffective administrative system, revealed a pressing need for basic and fundamental changes in this system. Also, the new President, General Fouad Chehab, felt the urgent need for building the state on sounder and more scien­

tific foundations as was expressed in his first speech before parliament. He was dedicated to a program of social and economic reform and was fully aware that his efforts in this respect are bound to fail without an effective and modem adm inistrative machinery. I t is sig n ifican t that in practically all his speeches since he took over as President of the Republic, General Chehab has emphasized the need for re-organizing the state and the public service along sounder and more scientific lines. His thinking about his mission In this respect is best illus­ trated by his saying that the previous regimes in Lebanon were concerned and dedicated to building the independence of the state, while he is dedicated to building the state of independence. The reform movement of 1956, although more ambitious In its scope and objectives and more sophisticated in its approaches and techniques, did not, by any means, bring about drastic changes in the administrative system but resulted in certain important changes which are expected to improve the functioning of the system in certain areas. But this reform undertaking, together with earlier ones, contributed to a much better understanding of the various administrative problems faced by the coun­ try and of the tremendous difficulties which stand in the way of pos­ sible remedies. It helped to emphasize the fact, which hitherto has not been clear in the minds of those concerned with administrative reform, that there were many administrative problems which are closely and directly linked to the cultural and social environment of the country, and for which no easy solution can be offered unless there was a prior change in some of the social and cultural patterns of Lebanese society.

It was realized that administrative reform cannot be viewed separately from improvements in other spheres of society. In Lebanon, where society is still in a transitional stage of development from the tradi­ tional to the modem pattern with accompanying changes in social values and customs, many improvements in the public service cannt be accom­ plished until such a transition has been completed and new attitudes and values imparted to the people and civil servants. But this is a slow and difficult process and, as the late Secretary-General of the united

Nations, Dag Hammarskjold, has remarked,

The Asian admires the material achievements of the Vest /Sat/ he is not willing to pay for the improvement by changing his life 212

in a manner which may seem to him as unavoidable concomitant of technical progress but as incoeqiatible with the spirit and traditions of his own people.*

Before ary basic and fundamental changes can be effected in the adminis­

trative system, Lebanese society should display the necessary moral,

intellectual and cultural prerequisites for such change and transforma­

tion.

But the obstacles posed by such social and cultural barriers does

not and should not dispel any hopes of administrative progress in

Lebanon. Overemphasis and exaggeration of these barriers might lead to

a fatalistic attitude which in itself can be a most serious obstacle to

progress. In Lebanon, the government can and should play a more posi­

tive role in speeding up the process of transition in the different

spheres of society and in developing some of the pre-conditions of ad­

ministrative change.

But, aside from these social and cultural considerations and in

spite of them, there are many technical problems in the Lebanese adminis­

tration which can be treated separately and where improvements can be

brought about by the application of new devices and techniques. It is

these problems which should receive immediate concern and whose treat­

ment can result in tangible and important improvements in various

spheres of the public service. We have discussed these problems in the

course of our study but vill refer here only to the most important ones which deserve priority attention.

^As quoted b y William F. Larsen, "Government Administration in the Republic of Korea," International Review of Administrative Sciences, Vol. XXVII, Bo. 3, 1961, p. J l 2 \ One of the most important probleas in this connection is the quality of civil servants in general, which is below the desirable standards. This is the result of recruitment through political and

sectarian pressures, the lack of educational and training institutions

in public administration, and the poor tests which are used in making

appointments to the civil service. The establishment of an independent

Civil Service Council to take charge of recruitment and selection through­ out the civil service has contributed significantly to reducing political and sectarian interference. But this Civil Service Council has not yet been able to improve the techniques of testing in order to insure the selection of competent personnel. Civil service tests are still highly theoretical and, to a great extent, unrelated to job requirements. The

Civil Service Council does not realize that this is one of the more specialized fields in personnel administration and that significant benefits can be reaped by securing the help of certain experts in this field. The introduction of objective tests, which are still a complete novelty in the civil service, will greatly help in this respect pro­ vided they are handled by properly trained staff.

On the other hand, the in-service training activities of the newly established National Institute of Public Administration, will, in the long run, help to raise the standard of existing civil servants.

Aside from improving the skills and knowledges of these civil servants, this institute will play a significant role in changing the attitudes and approaches of these civil servants and in instilling in then a better awareness and understanding of the problem of administration. Another equally important problem of the Lebanese administration

is the over-concentration of authority in the higher echelons of the

service. This is a carry-over front the mandate period when the decision­

making authority, even on small and minor matters, was reserved to a

small number of top French officials. This practice has continued

during the independence period, despite some attempts at deconcentration

which were of very limited success. There is no doubt that the reluc­

tance to delegate authority is the result of many factors, some of which

can be traced back to social values and customs. But despite this some

measure of deconcentration can be effected and can result in the speed­

ing up of official transactions which, in many cases, have to be final­

ized by top officials or even Ministers. The delegation of authority

will also help to encourage a spirit of initiative in civil servants and

a sense of enthusiasm and participation which is presently lacking.

Closely related to this aspect of administration is the problem

of the very complex and cumbersome work methods and procedures which

result in excessive and frustrating delays in the transaction of offi­

cial business. Citizens often have to wait for weeks and even months before completing a simple and routine transaction. The author was

personally told by one Director General that he knew of few transactions

which required over one hundred signatures before completion. Although

these are definitely an exception, they are nevertheless indicative of

the type of procedures with which the Administration is afflicted.

It is often claimed that such excessive formalism is intended as a safeguard against arbitrary actions and abuses by civil servants. 215

Although this might be the case in several Instances, there are many more instances when it is the result of useless and outmoded procedures.

Simplification of procedures in Lebanon will be in the public interest even if it is done with the risk of violations and abuses. One of the most important features of any modern administration is a proper balance between safeguards and administrative action. In Lebanon, the balance

is decidedly tilted in favor of controls and safeguards.

One of the important deficiencies of the Lebanese civil service lies in the fields of position classification and salary administration.

The lack of an adequate position classification plan is a serious hin­ drance to the application of a modern personnel policy. But In Lebanon, the government is still unaware of the significance of such a tool in providing a sound basis for personnel administration, and specially for a sound pay policy. With such a lack of awareness and understanding on the part of the government it is very unlikely that any steps vill be

taken in the near future to improve this situation. Those concerned with the problems of administration in Lebanon can contribute by impress­

ing upon the government the seriousness of this gap and the need to devise a proper classification plan as soon as possible.

A closely related problem is that of the remuneration of civil servants in Lebanon. This problem has two aspects: the low rates paid to civil servants compared to rates outside the service, and the internal differences which exist within the service itself.

Some students of public administration in Lebanon claim that, although salaries of civil servants are low when compared to salaries 216 which outside firms pay for comparable jobs, they are not by any means

low when compared to the productivity of civil servants. The value or worth of civil servants in terms of their productivity is low and, as a result, they are paid low salaries. There is much truth in this argu­ ment, but it cannot be accepted as a basis for treating all civil servants because it constitutes a very unfair treatment to the qualified and competent civil servants who are devoted to their jobs. Also, the

low pay of civil servants which does not, in many cases, enable them to meet their financial needs has driven them into bribery and corruption. i The fact that the Lebanese government is presently subsidizing a larger number of civil servants than it needs should not deter it from con­ sidering immediate steps to ameliorate the general level of pay. Any improvement in the level of pay should, however, be accompanied by a system of incentives to reward the good employees who need every pos­ sible encouragement and who should not be treated in the same manner as the inefficient and mediocre ones.

The internal inequities and discrepancies in the salaries of civil servants have been perpetuated by the lack of a modern position classi­ fication plan and by a complex system of allowances which is arousing much complaint among civil servants and which is demoralizing to the whole civil service. If no adequate classification plan can be in­ stalled in the immediate future, the government should at least care­ fully revise its allowance policy in order to bring to it some uniformity and rationality. The problem of lov salaries has, in turn, partly contributed to another serious problem; namely, the low standards of integrity and morality in the public service. Government employees have been f o r c e d into shameless bribery and profiteering to compensate themselves for the meager remuneration from their jobs. On the other hand, the passive and indifferent attitude of the people have provided a free license for such practices. Even some of the foreign experts who have spent relatively short periods of time in Lebanon have emphasized this problem. This widespread corruption and bribery has aroused so much popular complaint and resentment that it led to a general strike which brought the down­ fall of president el-Khoury in 1952. More recently, the Minister of

Interior, Mr. Kamal Jumblat, has expressed his dissatisfaction with the corrupt practices prevailing in the public service.

It is true that a partial explanation of such a situation lies in the existing values and ethical standards of Lebanese society as a whole, but, nevertheless, an amelioration of the situation can be realized through two measures. The first, as we have mentioned above, is to im­ prove the level of compensation in the civil service in order to insure a decent standard of living and minimize temptations. Once this has been done, it should be followed by a strengthening of the disciplinary system so that stringent and prompt measures will be taken to punish all of­ fenders. The government should also see to it that criminal penalties are enforced on civil servants who engage in such corrupt practices.

2See unpublished report by Professor William Robson, "Civil Service Reform in Lebanon" (Beirut, June 19b9), pp. 1-3. 218

This is by no means an exhaustive list of the ills which afflict

the Lebanese civil service, but merely an enumeration of the more

pressing technical problems for which a total or partial solution is

possible within the existing social and cultural setting. A number of

equally, or possibly more inportant problems can be singled out; such

as, sectarianism, or the democratization of the civil service which also

should be solved but which cannot be dealt with effectively without

effecting certain basic changes in our social and cultural patterns. It

should always be kept in mind that a basic and fundamental transforma­

tion of the administrative system can only come as a part of a more

general and comprehensive transformation in the economic, social, and

political spheres. "The only solutions that possibly can be satis­

factory are comprehensive solutions resulting from the adequate organ!-

ration of public life as a whole and of the state structure.n

Finally, due stress should be made of one very important con­

sideration in connection with administrative change and improvement in

Lebanon. During the past decade or so the concept of and belief in

freedom suffered several serious setbacks throughbut the Middle East.

The drift to military and authoritarian regimes in this part of the

world was, in several instances, justified by the corruption and inef­

fectiveness of existing governmental and administrative institutions

which could not serve the growing needs of the new nations. Unfortunately

^Georges Fischer, "Reflections on the Civil Service in the New States," a paper presented to an international seminar on Representative Government and Public Liberties in the New states, Rhodes, Greece, October 6-13, 1958, pp. >li* there m s much truth in these justifications, and this has given support to a growing ayth among the people of the Middle East that democracy and efficiency are incompatible. Lebanon, which is one of the few outposts of democracy in this part of the world, can render a significant service by helping to dispel this ^th. If Lebanon can succeed in maintaining its democratic institutions and developing an efficient administrative machinery, it would fulfill a most important mission, not only for itself but for the whole Middle East. BIBLIOGRAPHY

l BIBLIOGRAPHY

A . PUBLIC DOCUMENTS

Abi lacier, Sell* (ed*). Collection of Lebanese Legislation. 6 vols. Beiruti Dakkash and luamua Press, 1950-61.

Central Committee for Administrative Reform* First Preparatory Comtiittee The Task Force on the Improvement of Administrative Procedure* The First Report and The Second Report, March lli, 1959.

Department of Political Studies and Public Administration, American University of Beirut. The Constitution. Beirut, Khayat's, I960.

Lebanon, Civil service Council. Annual Report, I960. Beirut* Sader Press, 1961.

Lebanon, Bureau of Accounts. Yearly Report of the Bureau of Accounts, 1957. Unpublished Report, Beirut, 195TT

Lebanon, Ministry of Finance. The Budget, 1999. Beirut: Dar al-Pumm Press, 1959.

Lebanon, Ministry of Justice. Collection of 1952-53 Decree Lavs. 2 vols Beirut: Sader Press, n.d.

______. Collection of I95t~55 Decree Laws. Beirut: sader Press, n.d.

______. Collection of 1959 Decree Lavs. 2 vols. Beirut: Sader Press, n.d.

______. Collection of Lavs. 10 vols. Beirut: al-jumhurriyah al- Jadidah Press, l9T8"!

- Collection of Regulatory Decrees, July 1 3 . 39-Dec. 16. 39. B e i r u T " ; Sader Press, 1 9 6 0 T

______. The Lebanese official Gazette. Beirut; 1926- i 9 6 0 .

. Modem Collection of Lebanese Lavs. 7 vols. Beirut: Sader Press, 195U.------222

B. BOOKS

1. English Abouchdid, Eugenie. Thirty Years of Lebanon and Syria. Beirut: Sader, 191*8, 133 pp. Apter, David. The Gold Coast In Transition. Hev Jersey: Princeton University Press, l95"- 155 pp- Atiyah, Eduard. An Arab Tells His Story; A Study in Loyalties. London; Hurray, 19U6T“ 22? pp.

Berger, Morroe. The Arab World Today. Mev York: Doubleday,1962. 1*80 pp. . Bureaucracy and Society in Modern Egypt: A Stud/ of the Higher Civil ServicePrinceton: Prince Lon University Press, W r r wr p p T ---- Blan, Peter. The Dynamics of Bureaucracy. Chicago; University of Chicago Press, 1955- 1&9 pp* Congress for C ultural Freedom. Problems of Administration: Seminar on Comparative studies. Cairo,

Corry, James A. and Henry J, Abraham. Elements of Democratic Government. 3rd ed. lev York; Oxford University Press, 1958. T3TTpp. Davis, Helen Miller. Constitutions, Electoral Lavs, Treaties of States In the Hear and Middle East. 2d ed. Durham, M. C.: Duke University Press, 19*53. pp.

Department of Public Administration, American University of Beirut. Arab Public Administration Conference 195U* Beirut; Kashaf Press, T555.----- “ ------

______. Arab Public Administration Conference 1955- Beirut: Kashaf press, 19567"

Faris, Habih. The Arab Heritage. Princeton;^ Princeton University Press, 19Uf*"" 279 pp.

Fedden, Henry R. Syria, an Historical Appreciation. London: Hale, 1955. 21*3 pp.

Finer, Herman. Theory and Practice of Modern Government. Rev. ed. Hew York: Holt, 19U9. 97b pp. 223

Fisher, Sydney (ed.). Evolution in the Middle East. Washington, D. C.: The Middle East Institute, 1953. 97 pp.

. Social Forces in the Middle East. Ithaca, lev York; Cornell University Press, l95£ 2^2 pp.

Friedrich, Carl. Constitutional Government and Democracy. Rev. ed. Boston: Ginn, l£5o. 6B7 pp.

Grassmuck, George, and Kamal Salihi. A Manual of Lebanese Admlnistration. Beirut; Public Administration Department, American University of Beirut, 1955. 101 pp.

Haddad, George M. Fifty Years of Modern Syria and Lebanon. Beirut: Dar al-Hayat, 195^ 5oU pp. ~

Hall, Harvey (ed.). The Evolution of Public Responsibility in the Middle East. Washington, D. C.s The-Riddle East Institute, 1955T 110 pp.

Himadeh, Raja S. The Fiscal System of Lebanon. Beirut: Khayat's, 1961. 120 pp.

Hitti, Philip K.. History of Syria, Including Lebanon and Palestine. London: Macmillan, l95l- 7E9 pp.

______. Lebanon in History. London: Macmillan Company, 1957 . 5UB pp.

Hourani, Albert. Minorities in the Arab World. London; Oxford Uni­ versity Press, i$l*V. IlTTpp.

. Syria and Lebanon; A Political Essay, London: Oxford University Press, l95i*. H02 pp.

Ireland, Philip (ed,). The Hear East: Problems and prospects. Chicago: University of Chicago Press, 19^5- 2bb pp.

Izzedine, Kajla. Arab World. Chicago: Regenery Co., 1953. 1*12 pp.

Jennings, William I. The Approach to Self Government. Cambridge Uni­ versity Press, 19157 20b pp.

Lemer, Daniel. The Passing of Traditional Soclety: Modernising the Middle East. Glencoe, Illinois: The Free Press, 1950. k&o pp.

Longrigg, Stephen L. Syrian and Lebanon Under French Mandate. London; Oxford Univers ity Press, 1955! ECU pp.

Majumdar, B. B. (ed.). Problems of Public Administration in India. Patna; Bharati Bhawan, n.d. 310 pp. 221*

Migro, Felix A. Public personnel Administration, Hew York: Henry Holt and Co,, 1 95STT59 PP*

Head, Margaret (ed,). Cultural patterns and Technical Change. Paris: UIE3C0, 1953. 3U8"ppT

Jferton, Robert K. et al. (eds.). Reader J^n Bureaucracy. Glencoe, Illinois: The Free press, 1955^ C5l* pp.

Horstein Iferx, Fritz. The Administrative State. Chicago: The university of Chicago Press, TS5?"ppl

Pearse, Richard. Three Years in the Levant. London: Macmillan Co., 19h9* 29U pp.

Qubain, Fahim I. Crisis in Lebanon. Washington, D. C.: The Middle East Institute, 1961. 21*3 pp.

Sayig' '* " Lebanon. Cambridge: Ifervard Uni-

. Economic Development of Lebanon, Its Prospects and Problems. Baltimore: Johns Hopkins UniversTEy, 1955u (TypescrlptT) 7^ pp.

. "Lebanon: Special Economic Problems Arising from a Special structure," Middle East Economic Papers. Beirut: American Press, 1957.

Shannon, Lyle W. (ed,). Underdeveloped Areas. Hev York: Harper Bros., 1957. 1*96 pp. Shar&bi, Hisham B. Governments and politics of the Middle East in the Twentieth Century. Princeton, Mew Jersey: D. Van Hos’ErandT*”i9E£. 296 pp. Sharp, Walter. The French Civil Service: Bureaucracy in Transition. Mew York* Macmillan-Company, 1931. 500 pp. Shihadeh, Eaile S, Culture and Administrative Behavior in Lebanon. Beirut: Khayat's, 1963. 9h pp.

Siffin, William J. (ed.). Toward the Comparative Study of Public Administration. Bloomington; Indiana University Press, 1959* 331 p p .

Spero, Sterling. Government as ttoployer. Hew York; Ransen Press, 191*8. 1*97 pp. 225

Stahl, Glenn 0. Public Personnel Achinistration. lev York: Harper, 1956, l*th ed.“ 621T pp*

l*th ed. of the previous work by Kosher, Kingsley & Stahl. lev York; Harper, 1956.

The Federal Government Service; Its Character, Prestige and Problems. Final Report of the Sixth American Assembly" Graduate School of Business, Columbia University, 195U.

United lations. World Social Situations, lev York; Department of Economic Affairs, 195?.

Warriner, Doreen. Land and Poverty in the Kiddie East. London: Royal Institute of International Affairs, l9HB^ ILK pp,

Weber, Max. The Theory of Social and Economic Organization. Trans. A. Henderson and T. Parsons, lev York; Oxford University Press, 1917. 1*36 pp.

Young, T* Cuyler (ed.). Xear Eastern Culture and society: A Symposium on the Meeting of East and West. Princeton: Princeton University Press, 1951. 250 pp.

Zarchin, Michael, social and Economic Development of the Wear East. San Francisco: City College of san Francisco, 195ET 357pp.

Ziadeh, licola A. Syria and Lebanon. London: Benn, 1957. 312 pp.

Siksik, Simon G., Bashir J. Deouk, and Sami E. Baaklin.I. Preliminary Assessment of1 Manpower Resources and Requirements in Lebajyon- Beirut: Economic Research Institute, American University of Beirut, I960. 85 pp.

2- French

L e Genissel, Andre. Proche-Orient Moderne. Beirut; Editions Lett res Orientales, 1952". 1B0 pp.

I.R.F.E.D. Etude Preliminaire sur les Besoins et les Possibilities de Developpemept Ai Liban. BeiruFT fassYon Trfed, 19bO.

Puaux, Gabriel. Deux Annees au Levant. Paris; Hachette, 1952. 2l*8 pp.

Rondot, Pierre. Les Institutions Politiques du Liban. Paris: Wationale, 191*7. ------226

Tabbarah, Bahige B. Les Forces Polltiques Actuelles am Liban. Grenoble: Universite de Grenoble, 331 pp.

Tarazi, saiah ad-Din. Les Services Publiques Libano-Syrien. Beirut: Societe d'Impression et dfEdition, n.a.

3. Arabic

Al-Hassan, Hassan. Al-Qanun ad-Dasturi wa-Dastur fi Lubnan. Beirut: al-Hayat Press» 1959* 161cpp.

Constitutional Law and the Constitution in Lebanon.

El-Khoury, Becharah K. Bagnio Lubnaniyah. 3 vols. Beirut: Avrak Lubnaniyah, 1960-61." 1225 pp. Lebanese Facts.

Haidar, Ahmad. Al-Dawlah al-Lubnaniah. Beirut; An-Jlajnah, 195U. 89 pp. The Lebanese State.~

Hanna, George. Min Al-Ihtilal Ila Al-Istiqlal. Beirut; Al-Funun, 1?L6. 21*5 pp. From Occupation to Independence.

Mahmassani, Subhi. Ad-Dastour va-Dimokratiah. Beirut: Dar al-Ilm, 1952- 256 pp. The Constitution and Democracy.

Hajzoub, Muhammad. Mihnat ad-Dimokratiyah val Urubah fl Lubnan. Beiruti Munaymeneh "Fress, 1957. l78 pp. The Crisis of Democracy and Arabian in Lebanon.

Malouf, Rush"'r. Al-Barlouman Al-Amthal. Beirut: Al-Makshouf, 191*3. 100 pp. “ The Ideal Parliament.

Muzhir, Joseph. Tareekh Lubnan al-Aaa. Beirut: A 1-Kashaf, 1953. 2 vols. 1,387 pp. General History of Lebanon

Sayigh, Anis. Lubnan at-TaUfi. Beirut: Dar as-Sira' al-Fikri, 1956. Sectarian Lebanon. 93 pp.

Takiyyidine, Munir. Wiladat Istiqlal. Beirut; Dar al-Ilm lil-Kalayine, 1953 - 256 pp. Birth of Independence. 227

The Cultural Convention. Lubnan fi Ahd al-Istiklal. Beirut: Ahad, 19U7. 1U2 pp. Lebanon During the Independence.

The Lebanese Association of Political Sciences. Ad-Diaokratiyah fi Lubnan. 3 vols. Beirut, 1959- 1,163 pp* Democracy tn Lebanon.

. Abhath fi at-Tanzim al-Idari. Beirut: 1959. StmUes lh Alfilnistration Organization.

Yakan, Zuhdi. Al-Qanun al-Idari. Beirut: al-Maktabah al-'asriyah, 1955* 531 pp. Administrative Lav.

C. PERIODICALS

Armstrong, Lincoln and Rashid Bashur. "Ecological Patterns and Value Orientations in Lebanon,14 Public Opinion Quarterly, Jtttl (Fall 1956). pp. 1*06-1*15-

Awad, Tufig. "Al-Wazifah fi Lubnan," Conferences du Cenacle, VIII (191*9), pp. 113-136. "Public Office in Lebanon."

Berger, Morroe. "Bureaucracy East and West," Administrative Science Quarterly, I (March, 1957). 518-529*

. "The public Bureaucracy and Economic Growth," in Problems of Scbainistratioa, Cairo; Congress for Cultural Freedom,- 53P58*

Bogardus, E. s. "Social Change in Lebanon," Sociology and Social Research, 39{March 1955)> PP* 2SU-60.

Britt, George. "Lebanon's Popular Revolution," Middle East Journal, VII (1953), pp. 1-17.

Crow, Ralph E. "Religious Sectarianism in the Lebanese Political System," Journal of Politics, XE V (August, 1962). pp. 1*89-520.

, and Adnan Iskandar. "Administrative Reform in Lebanon 1958-59," International Review of Administrative Sciences, XXVII (1961), pp. 293^ 510*------

Dahl, Robert A. "The Science of Public Administration," ftibllc A*inis- tration Review, VII (19l*7), pp. 1-11. Gable, Richard. "Culture and Adainistration in Iran," Middle East Journal, XIII (Autuan 1959)* pp* 1*07-1*21.

Heady, Ferrel, "Bureaucratic Tteory and Comparative Administration," Administrative Science Quarterly, III (March, 1959) 509-525-

. "Personnel Administration in the Middle East," Public Personnel Ievlev, XX (1959). p p * 1*9-55.

Heas, Clyde, and Herbert Bodman. "Confessionalism and Feudality in Lebanese Politics," Middle East Journal, VIII (1951*), pp. 10-26,

Bouranl, Cecil. "The Future of Constitutional Government in the Arab Countries," Al-Abhath, March, 1953, PP* 1*5-65*

Larsen, William F. "Government Administration in the Republic of Korea," international Review of Administrative Sciences, XXVII (1961), pp. 311-316.”

Melikian, Levon H. and Lutfl S. Diab. "Group Affiliations of iftiiversity Students in The Arab Middle East," The Journal of Social Psychology, 1*9 (1959). pp. 11*5-159. ] patai, Raphael, "the Middle East as a Culture Area," The Middle East Journal, VI (1952). pp. 1-21. Presttais, Robert V. "Behavior and Bureaucracy in Many Cultures," Public Adainistrat ion Review (Winter 1959) - pp- 25-35- ~ ______, "Toward a Theory of Organizational Behaviour," Administrative Science Quarterly, III (June 1956). pp* 1*8-72. prothro, E. Terry and Levon H. Melikian. "Social Distance and Social Change in the Sear East," Sociology and Social Research, XXXVII (1952). PP. 3-11.

Riggs, Frederick W. "Public Administration: A Neglected Factor in Economic Development," The Annals, 305 (May 1956). pp. 70-80.

Rondot, Pierre. "Les Nouveaux Problemes de l'Etat Libanais," Revue Francaise de Science Politique, IV (April-June, 195U), pp. 325-336.

- "Les Structures Socio-Politiques de la Nation Llbanaise," Revue Francaise de Science Politique, IV (January-March, 195L), pp. rio-ioa. Sal am, Saeb. "Hawl Bina4 ad-Davlah al-Lubnaniyyah," Conferences du Cenacle, III (1955). pp. 29-1*1. "On Building the Lebanese State." 229

Speiser, E. A. "Cultural Factors and Social qynamics In the Hear East," Middle East Journal, VII (Spring, 1953). pp- 133*152.

Vickvar, Hardy. "Patterns and Problems of Local Administration in the Middle East," Middle East Journal, XXI (Summer 1950). pp. 2^9-260.

D. UNPUBLISHED MATERIALS

American University of Beirut, Department of Political Studies and Public Administration. "UXRHA’s Position Classification and Salary Survey." Unpublished Report, i960.

Ba'aklini, Abdo I. "The Civil Service Board in Lebanon." Unpublished Master*s Thesis. American University of Beirut, 1963.

Bent, Frederick, "Public Personnel Acta inistration." Beirut: Depart­ ment of Public Administration. American University of Beirut, 1955- (Mimeographed).

Constant, G. "Rapport sur la Mission d*Organization Administrative." Unpublished report submitted to the Lebanese Government, i960.

Culbertson, Robert. "Report and Recommendations to the Government of Lebanon for a Program of Public A

Fayyad, Halim, "The Effects of Sectarianism on Lebanese Administration." Unpublished Master*s Thesis, American University of Beirut, Beirut, 1956-

Fischer, Georges. "Reflections on the Civil Service In the lev States." Paper presented to an international seminar on Representative Government and Public Liberties in the lav States, Rhodes, Greece, October 6 , 195®.

Iskandar, Adnan G. "Our Experience in Training Civil Servants." Paper presented to the International Conference on Civil Service Training, University of Alcala* de Henares, Madrid, Hay 9, I960. Kaufiaan, Herbert. "A Conceptual Framework for the Study of Comparative Administration." Unpublished report prepared for a Sub-Committee on Comparative public Administration, American Political Science Association, September 1953. 230

Lababldi, Umar Samih. "Public Personnel Administration in Lebanon." Unpublished Master’s Thesis, American University of Beirut, Beirut, 1959.

Rahhal, As’ad. "The Lebanese Council of State." Unpublished Master’s Thesis, American University of Beirut, Beirut, 1956.

Rattier, Jean. "Avant Projet Relatff a l'lnstitut National d1 Adminis­ tration ftiblique." Unpublished Report, 1959*

Robson, William. "Civil Service Reform in Lebanon." Unpublished report submitted to the Lebanese Government, 19lt9.

Shallub, Iskandar. "Planned Administrative Change in Lebanon." Unpublished Ph.D. thesis, Syracuse University, 1962.

E. NEWSPAPERS

Al-Hgyat

A 1-Jar Ida

Ab-Ma jails

An-Bahar

Lissan al-Hal

F. AGENCIES IN WHICH OFFICIALS WERE INTERVIEWED

Bureau of Accounts

Central Inspection Service

Civil Service Council

Ministry of Finance

Ministry of Information

Ministry of National Economy

Ministry of Planning

Ministry of Public Works

National Institute of Public Administration

Research and Guidance Office