The Boutros Election Law



Lebanese politics

The most progressive Lebanese electoral law proposal is gathering dust because none of the parties wants real change.

One of the most notable exchanges in yesterday’s stalemated quadripartite meeting is the one that took place between Mr. Hariri and Mr. Aoun over the adoption of the 1960’s electoral law.

According to Annahar, Mr. Hariri refused to use the law in future elections. He also said that he doesn’t mind people saying that he was against it because “a lot has changed since 1960.” Of course Mr. Aoun rushed to score political points since the pre-Taef 1960’s law, with its small districts, is seen as favorable to Christians.

Mr. Hariri is right, a lot has changed since 1960s. But neither he, nor Mr. Aoun cared to mention, let alone discuss its modern alternative, namely Mr. Fouad Boutros’ progressive proposal.

The law proposal which was commissioned in 2005 and released in May 2006 was revolutionary by Lebanese standards. It was a hybrid of winner-takes-all and proportional representation. It lowered the voting age to 18, allowed the diaspora to vote, proposed an independent electoral commission and included a quota for Women.

All this proved too much for our politicians who are dreading the wave of new voters (youngsters and the diaspora). In all their meetings to reach compromise, non of our esteemed leaders brought up Mr. Boutros’ law.

A cynic would think that they were all happy that the July War killed it before parliament had the chance to vote on it.

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Discussion

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  1.  

    Hey Mustapha,

    Good post! Its a subject we should be discussing more and more, especially in light of the work that has been put into it, and in light of the snubbing it has received.

    I went through most of it a few months ago and the mixed-electoral system (both in terms of caza and province, as an in terms of proportionality and winner tkaes all) seems alright (it didn’t make me go ga ga, but its alright)and seems to meet almost everyone’s demands.

    Its a shame nobody’s giving it the time of day.

    Posted by Blacksmith Jade | February 26, 2008, 1:59 pm

  2.  

    There was no time between the tabling of the proposals and the “divine war”. I hope legal scholars can give an analysis of the law and its details. As for voting by the diaspora, it is about time they have some say…

    Posted by Danny | February 26, 2008, 2:25 pm

  3.  

    Excellent point: the electoral reform should be one of our priorites, but the politicians will never ever disturb the status quo so as not to be relegated to the dustbins where they belong.

    What we can expect is more sectarian posturing with the Maronites calling for the quadaa, the Sunni for the mohafaza and the Shiites for a single elctoral region.

    MM.

    Posted by MsLevantine. | February 26, 2008, 2:43 pm

  4.  

    You raised an interesting and charged point, M.
    The electoral law.
    We will all look at this period ( of the presidential mess ) with nostalgia and Longing. Coz the fight over the electoral law will be the watershed of war and peace in Lebanon.
    There’s no way Boutros’s proposal passes. The Shia will never agree to “diaspora vote”. The Christians have nothing to gain from lowering the age to 18. Etcetera etsetera…

    Nassralla already hinted that his struggle for “democracy” is long and durable. He meant the electoral law, and the next elections.

    Forgive me for being pessimistic over it. Looks like the year of 2009 is of great danger to Lebanon. And therefor to it’s neighbors too.
    .

    Posted by Amir in Tel Aviv | February 26, 2008, 2:58 pm

  5.  

    I invite everyone to read this article on Nowlebanon: http://www.nowlebanon.com/Arabic/NewsArticleDetails.aspx?ID=31545&MID=100&PID=46

    It details the activities for the Civil Campaign for Electoral Reform.

    Posted by Doreen | February 26, 2008, 3:05 pm

  6.  

    allow me to add another NOW lebanon article on electoral law (in english), mainly focusing on the boutros commission proposal:

    http://www.nowlebanon.com/NewsArticleDetails.aspx?ID=27095

    worth a read; also links to an interview with one of the commission members.

    Posted by c | February 26, 2008, 3:18 pm

  7.  

    3- The Electoral Law
    The reform of political life in Lebanon requires the adoption of a modern electoral law -where
    proportional representation may be one of its effective means- that guarantees accurate and
    just popular representation and contributes to the accomplishment of the following objectives:
    1- Activate and develop the role of political parties in achieving civil society.
    2- Limit the influence of political money and sectarian fanaticisms.
    3- Make available equal opportunities for using the various means of the media.
    4- Ensure the required means to enable the Lebanese expatriates to exercise their voting rights.
    We ask the Government and Parliament to commit to the shortest possible deadline to enact the
    required electoral law.

    Point 3 in FPM/Hizballah agreement.

    Posted by Tony Kfoury | February 26, 2008, 3:28 pm

  8.  

    To enact any new electoral law and democratic reform you have to have the first block to build on: free will of the people to choose…

    The MOU or as aptly described by tony the “toilet paper” can be offered as a document to accept only after everone lays their guns down (HA)!!
    What kind od “democratic” changes do you anticipate in a country where those values exist on paper only. Recently after HA has been totally exposed for the terrorist organization that they are (declaring open wars, destroying all institutions, trying to liquidate all that is functioning….)who are we kidding!!

    I do not think that any electoral law will give us anything remotely representative of the population’s needs and wants! As far as armed gangs and militias control vast areas of Lebanon, people will not out of free will, but fear and need for survival!

    Posted by Danny | February 26, 2008, 4:19 pm

  9.  

    Sorry for the typo of the last line:
    …people will not vote with a free will, but fear and need for survival!

    Posted by Danny | February 26, 2008, 4:21 pm

  10.  

    LOL…is this guy Tony serious? Trying to promote the FPM as it is today as a harbringer of anything other than love poems from Aoun to Nasrallah?

    LOL!

    Posted by Arabic Coffee Pot | February 26, 2008, 5:26 pm

  11.  

    Thanks Tony.

    And please disregard DANNY’s comments. I see him posting on this site everyday and he has little, if any, credibility.

    The demographic shift in Lebanon cannot be ignored. If HA lays downs their weapons today, nothing guarantees that the shias’ will receive their fair share in gvt, institutions, etc.

    I am not shia, but if I was, I would NOT lay a single weapon before some of the clowns in power today demonstrate to me that they can be trusted.

    And to tell you the truth, these guys have never really led a government by themselves, they were always told by Syria what to do. Now that they have marched against their sister (finally), they have succeeded in demonstrating that they have no intentions (or are simply incapable) of building trust and achieving some sort of consensus decision making.

    Until everyone learns how to share, this is not going anywhere.

    Posted by Sami | February 26, 2008, 7:08 pm

  12.  

    This law will never be approved while all sides keep the “I want this one point, I don’t want those 2 others, so bury this” thought line.

    It’s like, in a marriage where shouts and all-round night beating/spanking are the norm and then you want to “talk about the relationship”. For sure, don’t forget the “mad brother” that stole the guy-next-door’s cats and you ended with your house destroyed…. and now the brother complains in your ear that the house is a mess – your mess to solve!

    – stealing marilionlb tag line:
    Khalas!

    Posted by far fetch | February 26, 2008, 7:13 pm

  13.  

    Mr. Kfouri,

    A very good article on its own. However my point regarding freedom is of utmost importance…

    Sami…Way you go! You are so articulate and smart. You do have one hell of credible analysis. The terrorists of HA would want to get into power by guns…Great advocacy of democracy. You stink like rancid orange. Please feel free to disregard me, however, this is your downfall when you think that democracy is achieved through the power of the GUN. By the way mr Sami, I am not an addlehead like yourself, and I belive that all should believe in a non sectarian system…

    Somehow you proved my point that HA will lose its base. Another falllacy from you is when you equate Shiite=HA.Do not denigrate a whole sect. You do not have the right!

    I hope one of these days you oranges get your heads out of your asses and see the reality on the ground.

    Posted by Danny | February 26, 2008, 8:05 pm

  14.  

    So, let me get this straight, Sami. If you were a Shia, you would not lay your weapons down until the other side proves to you that you’ll get your fair share. Great. And would you accept the same logic from the Christians and the Sunnis? or is it only acceptable for Shias? In other words, do you support the notion that Christians should also arm themselves until Hizbollah proves to them they are willing to share?

    That’s a very dangerous way of thinking.
    No one should be resorting to weapons for anything that involves the concept of DEMOCRACY. The two are diametrical opposites. The whole point of Democracy is to promote a CIVIL argument between groups, devoid of violence, and resorting to elections as a determining factor when disagreements arise.

    As for the original topic. It’s a good topic of discussion that does not get enough attention, while everyone is busy bickering like schoolgirls and spewing rhetoric left and right and talking about violence and death.
    The Lebanese people need to grow up, and understand that they need to agree on a set of rules to govern themselves. And everyone needs to then accept playing by these rules and accepting the results without threatening to opt out of the game and resort to violence everytime they lose. Otherwise, there is no point in having a country.

    Let me put it this way: Is there a point in having a Football tournament if one or more of the teams refuses to accept the referees’s calls and resorts to physically attacking him everytime they get scored on?

    Posted by Bad Vilbel | February 26, 2008, 9:56 pm

  15.  

    you are all beginning to touch on the entire basis of the conflict. the shia of lebanon are now undeniably the largest constituency. in this consociational system, they must be alotted a share of power commensurate with their numbers. so you don’t accept an accomodation? ok then, one man – one vote (women included of course). that’s not palatable either? what then? you want your cake and to eat it too? people, you need to start addressing the real issue.

    Posted by ali | February 27, 2008, 1:06 am

  16.  

    If the shoe fits…

    After more than 25 years in California I returned to Lebanon in late ‘05. Suffice to say I didn’t last 2 years. From my experience *most* Lebanese are driven by emotions rather than intellect. Even for those that seem to make use of the latter quite often their emotions overwhelm their intellect. Sadly this argument seems to befit most commentators on this blog!

    Posted by Lebanese-American | February 27, 2008, 1:43 am

  17.  

    ali,

    I’m all for one man, one vote. Who said we don’t want that? I want to do away with the secular system. No “proportional” anything. Anything short of that is NOT democracy. I don’t care what they try to masquerade it as. “Power sharing” or “Proportional” is just another word for Apartheid, in my book.

    Having said that, do you honestly believe that if this core issue were to be resolved (magically, let’s say) by some kind of universal vote system. Would Hizb simply go away? I doubt it. See there is a legitimate beef in terms of shia representation, but there’s also a host of other crap that’s existential to Hizb, and that’s the whole culture of “Resistance” and Israel. That has nothing to do with shia representation. Hizb is not interested in better representation for the Shia (although the shia civilians may be), Hizb is not interested in nation building in any kind of form. They are just interested in keeping their weapons and in having an excuse to keep said weapons (that being the Israeli bogeyman).

    Posted by Bad Vilbel | February 27, 2008, 4:51 am

  18.  

    Another source of argument just like usual.
    I will not bother to answer Tony and Sami, since BV and Danny have done that already.
    Imagine the new electoral law has in it a minimum IQ needed to vote !!!
    How many Lebanese would be allowed to vote then? None of our current politicians for sure.

    Posted by marillionlb | February 27, 2008, 7:42 am

  19.  

    Would any of you (even with a fair and just electoral law) trust your fellow Lebanese to know how to vote for the best candidate?
    Shouldn’t we start with civic education? Shouldn’t we force anyone who is nominated for any post, first present a schedule of work or a political agenda? Shouldn’t we have “watchdogs” to ensure the proper running of all governmental agencies, ministers, and deputies too?….etc
    Even with any electoral law we will fail to see improvement as long as ignorance and selfishness still prevails!

    Posted by marillionlb | February 27, 2008, 7:48 am

  20.  

    OK. Back to square 1: partition or federation of Lebanon.
    .

    Posted by Amir in Tel Aviv | February 27, 2008, 11:25 am

  21.  

    Bad Vilbel,

    always hiding behind the Hizb and their arms; this has become the classic diversionary tactic. kind of reminds me of the israelis when they used the existence of hizballah as a justification of their brutal occupation of s. lebanon. hizballah are armed to the teeth, and have the overwhelming support of the shia community because the state never bothered to lend any support – economical, political, military. the shia have always been left to fend for themselves. this all goes back to the essence of the problem. you may dance around the issues, pivot, dress up your slogans for democracy. at the end of the day, if it walks like a duck, quacks like duck, well then…

    Posted by ali | February 27, 2008, 1:23 pm

  22.  

    ali,

    Classic diversionary tactic? Isn’t that what Hizb does? They use Israel as a “diversionary tactics”. Nassrallah refuses to address any of the kinds of issues you and I want discussed (such as this topic) on account of “The Zionist Enemy”. So spare me.

    I told you already, i AGREE with you that the shia need better representation. And i AGREE with you that it should be on the basis of one man, one vote (as opposed to some new sectarian balance that would be just as disastrous as the previous one).
    Isn’t that what you asked for? I’m agreeing with you.

    I just don’t really believe that Hizb is interested in that kind of discussion though. You don’t have to agree with my belief on that, but spare me the patronizing.

    Heh. Ironic. You say “if it walks like a duck and quacks like a duck…”
    Let’s use that very kind of logic on:
    - Hizbollah being a terrorist organization bullying the rest of the Lebanese.
    - Syria being behind assassinations and instabilities.

    After all, if it walks like a duck and quacks like a duck….

    Posted by Bad Vilbel | February 27, 2008, 5:31 pm

  23.  

    “kind of reminds me of the israelis when they used the existence of hizballah as a justification of their brutal occupation of s. lebanon.”

    heh: You mean, kinda like how Hizballah uses the existence of Israel to justify their weapons?

    Pot. Meet kettle.

    Posted by Bad Vilbel | February 27, 2008, 5:32 pm

  24.  

    ali,

    Just to prove that I am JUST as harsh on the M14 folks about this crap as I am on you. Here’s this, from today’s Naharnet interview with MP George Adwan:

    * Edwan said that 1960 elections Law doen’t secure fair parliamentary representation of the Christians
    * We support an election law that insures fair representation in the parliament for Muslims and Christians, Edwan added.
    *At least half the Christian MPs in the parliament wiould not be elected by Christians anymore if the 1960 election law is adopted, Edwan said.
    * We must not miss any opportunity to elect a president, Edwan said
    * As long as there is hope for reaching a settlement we will not elect a president by simple majority , Edwan stressed.

    Forgive me while I roll my eyes at Mr. Edwan. This is EXACTLY the kind of claptrap that keeps us in this cycle of stupidity. Yesterday, it was the shia who felt underepresented, so presto, they want a “fair” electoral law. Which, if passed, pisses of the Christians, who feel underrepesented, and will, guess what, press for some different formula (or worse, take up arms like the Shia did, according to ali). And the cycle continues…And in 20 years, it will be the Sunnis, or the Alawites, or SOMEONE, making the same complaint.

    The answer is NOT in more changes to a sectarian, apartheid-like, system, that is Anti-democratic by its very nature.

    The answer is in abolishing sectarianism completely. I don’t care if the president is druze or shia, as long as he’s Lebanese and is elected by the Lebanese.

    What does it matter if the MP representing my city is maronite or shia or sunni? Why does he have to represent this particular city’s sectarian makeup?

    It never made sense, and still doesn’t. And sadly, neither M14 nor M8 gets it.

    Posted by Bad Vilbel | February 27, 2008, 11:42 pm

  25.  

    Take it easy on poor Ali Bad Vilbel, haram, massa7et fi el dahyeh!!!
    I wanted to reply something but you left nothing for me to say…
    Oh, one thing you missed (ty):
    “the state never bothered to lend any support – economical, political, military.”
    As if they ever recognized this state or as if hezbollah ever let anybody interfere in southern Lebanon and their regions in the bekaa for any of the purposes mentioned. As of dahyeh allouch, you know it very well it seems, BV sent your tong a minute ago on a promenade in its mourabba3at amniya and private telephone systems, without talking about the banks, the money laundring and the drug traficking.
    Tse tse tse.
    Repent shi3a! Repent and come back to Lebanon, and be sure you’ll find open hands, and a lot of respect. Fight for syria and iran on the lebanese expenses and you will get nothing for the next milleniums.
    Repent, there is still time…

    Posted by Krach | February 28, 2008, 12:31 am

  26.  

    Enough is enough! i am getting sick and tired of listening to people complain as to how the Shia’s community has been deprived and how the south has been ignored by all past governments. I am from the south (although not Shia) and old enough to say OUT LOUD that the Shia are nowadays the less deprived of all the Lebanese sects. Apart from Beirut (and a few historical sites), most other Lebanese regions were always ignored by government. yes I am for a secular state. yes I am for a LEBANESE president (regardless of his faith). But I am not willing to even give representation for those yellow wearing thugs who have not one single iota of patriotism in their blood. I refuse, and more over will oppose and fight “dawlat al fakih”, the same way I fought against Syrian, Israeli, Palestinian, or even Somali troops (militia, mercenaries..etc) on my land.
    ENOUGH!!!!!
    let those who claim (hizbollah supporters) to be the destitute and down trotten go and live in peace somewhere else (Iran). The Islamic revolution they so heartly follow has no place in the BIBLICAL land of milk and honey, for this is a land of love and peace; where we are all equal in the eyes one God.
    Here I have said it !

    Posted by marillionlb | February 28, 2008, 1:00 am

  27.  

    again, you dance around the issue. the only reason HA is armed is that no one has ever protected the shia community. israel occupied S lebanon for over 2 decades. north of the litani it was business as usual. no one bothered to care. S lebanon was a different world. so you think after the israeli withdrawal of 2000 the shia community is supposed to trust and rely on the lebanese government? the same government that has been salivating for the chance to strike a deal with israel at the expense of the shia community? HA lays down its arms and the shia of S lebanon cease to exist. you really believe that since the israelis withdrew everything is hunky dory? i got news for you, there are many in israel, in the israeli government who view the northern border of israel as the litani river. and there are many in lebanon who are fine with that.

    Posted by ali | February 28, 2008, 1:21 am

  28.  

    ali,

    BV has articulated very clearly why your thesis is faulty. Here’s a few other points;

    Fact: Lebanon was under Total Syrian occupation 1990-2005.
    Fact: HA had total freedom do do as they wished.
    Fact: Iztaz was in charge.
    Fact: Christians and Sunnis barely had freedom to voice an objection to Syrian Mukhabarati rulers who still happen to be HA patrons.

    Now tell me how the Lebanese government abandoned you…” no one bothered to care. S lebanon was a different world. so you think after the israeli withdrawal of 2000 the shia community is supposed to trust and rely on the lebanese government”.

    How can you make that statement or argument with a straight face? Do you know how incredibly fake and hollow your argument sounds?

    I think you should rebel against those who kept the Shia down!(if that) …you should rebel against the Syrians!!! So please let’s stop the nonsence. As marillionlb put it: ENOUGH IS ENOUGH!!!

    Posted by Danny | February 28, 2008, 2:06 am

  29.  

    Reading ali’s replies gives us a glimpse of HA’s school of thought. I find myself more empathetic toward M14 leaders who painstakingly attempt to dialogue with his like. An exercise in futility indeed!

    Posted by Jay | February 28, 2008, 3:53 am

  30.  

    ali,

    I’m sorry you’re incapable of conducting a fair debate with me. I did not dance around the subject. I agreed with you about shia griveances, and i offered a solution (ditching sectarianism). I even warned that those on the M14 side who think in sectarian terms risk taking us down this same path down the road, when Christians have similar grievances to the ones shia have today. I’m making a good faith attempt at discussing the issues with you, and you come back with platitudes and outright fallacies. The Shia are armed because no one protected them? That’s the ONLY reason they are armed? You REALLY expect me to believe this? Hell, do YOU believe these lines yourself?

    You make it sound like the shia are the poor sheep and the rest of the Lebanese are the big bad wolf just waiting to devour your precious shia, were it not for those weapons. You forget that the rest of the Lebanese also suffered under Israel and under Syria for 30 years, apparently. But only YOU guys have the right to take up arms and defend yourselves?

    I’m done debating with you. You’re not even discussing the same topics as me. You’re off in some fantasy world. Good luck with that.

    The FACTS in the real world, go against half of what you’re claiming. If we can’t even agree on the ground facts, then trying to build a logical debate from there is totally moot.

    Thanks for playing, and I hope you have better luck in your fantasy world.

    Posted by Bad Vilbel | February 28, 2008, 5:11 am

  31.  

    Freekin paranoid, how can they be so brainwashed to believe all this crap and argue about it. I always wondered if Hassan nasrallah was convinced deeply inside of the shit he keeps talking about.
    If he was a clever man, he should know that what he is saying is plain lies. If he thinks it’s the truth than he is plain dumb.
    Ali, stop lying to yourself first!
    Look deep inside, you are not convinced of this shit you are saying. You know it! You know you are repeating what they taught you and that your own HUMAN logic refuses it.
    Lahads army was 80% shi3a if not more.
    Shi3a lived in peace with the israeli occupiers, shi3a were very happy with the israelis, shi3a got pissed that the israeli left the south to hezbollah.
    You say shi3a support hezbollah? Put down your guns and let’s see how many will vote for you. Stop paying the shi3a Irani DOLLARS and we’ll see how many will move their asses for you, how many will accept that you launch katiouchas from their veranda.
    I think you still have little time before lebanese loose their patience, and if that day arrive be sure that there will be no talking anymore and no one to listen to your silly record.

    Posted by Krach | February 28, 2008, 5:16 am

  32.  

    Oh. and just to prove how you debate in bad faith:

    In an earlier comment, when I said that Hizb is not capable of dropping their weapons and building a state, and they will use the “Israel bogeyman” excuse to keep their weapons, no matter the cost, you came back and said that I was full of hot air. Well, here you are, 2 comments later, saying:

    - begin quote
    you really believe that since the israelis withdrew everything is hunky dory? i got news for you, there are many in israel, in the israeli government who view the northern border of israel as the litani river. and there are many in lebanon who are fine with that.
    - end quote

    Isn’t that the EXACT argument you got all indignant about, when I predicted you and your likes would always go back to “We have to keep our weapons because of the big bad Israeli bogeyman”??? Isn’t it?

    Heh. Might want to try not contradicting yourself every 5 minutes.

    Posted by Bad Vilbel | February 28, 2008, 5:17 am
  33. Posted by ali | February 29, 2008, 1:39 am

  34.  

    Exactly,
    Stay silent!

    Posted by Anonymous | February 29, 2008, 3:28 pm

  35.  

    [...] The best solution has been under our eyes for a long time, and we, the citizens, should be pushing for it now that the electoral law is pushed back to the front as an issue. We should all be part of the process, and we shouldn’t let the politicians take us for granted. [...]

    Posted by Berri’s Doomed Plan - Part 2 | The Beirut Spring, a Lebanese Blog | April 11, 2008, 4:43 pm

  36.  

    [...] blog has long argued that the fairest election law out there is the one set up by the national electoral law [...]

    Posted by Boutros Law Gets Two Powerful Backers | The Beirut Spring, a Lebanese Blog | May 6, 2008, 11:24 am

Hello, my name is Mustapha and I blog in The Beirut Spring about Lebanese society and politics. I started in February 2005 after the killing of P.M. Rafik Hariri.

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