THE CIVIL SERVICE of LEBANON. University Microfilms, Inc., Ann
Total Page:16
File Type:pdf, Size:1020Kb
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 lor th 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.