Electoral Reform Needs in Lebanon in the light of the Recommendations of the 2005 EU Election Observation Mission

Richard Chambers1

Paper to the Foreign Affairs Committee of the European Parliament

28 May 2008 Introduction The current legal and administrative framework for elections in Lebanon is flawed and problematic. It comprehensively fails to meet many of the international standards for elections required by the international and regional treaties that have been adopted by Lebanon.2 The European Union Election Observation Mission (EU EOM) for the 2005 parliamentary elections in Lebanon concluded that those elections “were well managed and took place in a peaceful manner within the existing framework for elections. However, there is a need for urgent reform of the legal and election framework.” 3 In its final report, the EU EOM identified a number of recommendations to improve and strengthen future elections. This paper outlines the current electoral reform needs in Lebanon ahead of the parliamentary elections in May-June 2009 using, where relevant, the EU recommendations as benchmarks for reform.4 Steps taken towards electoral reform in Lebanon There was widespread public and political dissatisfaction with the framework for the 2005 elections; in particular, there was strong criticism against what was perceived to be an unfair, unrepresentative and gerrymandered electoral system, Following the elections, Prime Minister Sinoria established the National Commission for Electoral Law (NCEL) with a specific mandate to “propose means to reform the electoral system by preparing a new elections law.” 5 The ten-person NCEL, headed by former Minister Fouad Boutros and composed of leading legal and political experts, submitted its report and a draft Election Law to PM Sinoria in June 2006. The EU provided financial support to the work of the Boutros Commission. Since the Boutros Commission completed its work, the Lebanese authorities have taken almost no further concrete steps towards reforming the electoral process. While a number of factors can account for political inaction – including the 2006 conflict with Israel, the political stalemate between government and opposition, the presidential vacuum, the closure of parliament and a number of political assassinations – it is also clear that no political leaders have been willing to support the cause of electoral reform. Despite the good efforts of Lebanese civil society to promote a reform agenda and helpful support form the international community, political discussions on elections have been solely dominated by the controversial issue of electoral districting and, in particular, on how boundaries are redrawn to strengthen partisan and confessional powerbases. In that sense, progress towards electoral reform is at the same stage today as it was in June 2006.

1 Richard Chambers is the Country Director of IFES Lebanon. See www.ifes.org/lebanon 2 Lebanon ratified the International Covenant for Civil and Political Rights, which establishes fundamental rights for participation in elections and related freedoms, in 1972. In its Constitution, Lebanon commits itself to abide by the Universal Declaration of Human Rights. Lebanon has also ratified the Convention for the Elimination of All Forms of Discrimination Against Women, is a signatory to the Convention for the Rights of Persons With Disabilities and, as a member of the League of Arab States, has signed the 2004 Arab Charter of Human Rights. 3 See http://ec.europa.eu/external_relations/human_rights/eu_election_ass_observ/lebanon/index.htm 4 See Annex A below (Checklist of steps taken in relation to EU EOM recommendations) 5 See www.lebanonelections.org

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 2 Recent developments and their impact on election reform The 21 May 2008 Doha Accord resulted in political consensus on the issue of electoral districting in Lebanon, with the re-adoption of the ‘small districts’ that had been previously established by the 1960 Election Law, although with new districts in Beirut.6 While the new electoral districts cannot be seen as introducing any ‘reforming element’ to the electoral system, it is welcome that the main obstacle to the adoption of a new electoral law – disagreements over districting – has been overcome. The wider elements of the Doha Agreement, notably the 25 May election of President Slieman and the agreement for a cross-party government of national unity, are also likely to engender a more positive environment for electoral reform in Lebanon. In particular, Parliament will soon return to functioning and a new election law is likely to be its priority legislation, especially as the change to the electoral districts agreed to in Doha will require parliamentary approval. This will be done either through an entirely new election law or, as an alternative, by amending the relevant provisions of the 2000 Election Law. Either of these opportunities allows Parliament to debate and adopt the series of other reforms that have been identified as necessary by the EU EOM in its recommendations. Positively, the Doha Agreement also included a commitment by political parties for Parliament to review the draft law of the Boutros Commission.7 This commitment confirms that, finally, political actors have recognised that Parliament has a responsibility to address public concern over the current election framework and to adopt an election law that is in line with international standards and which provides a basis for the conduct of credible and democratic elections. Lebanese civil society and the international community should also take this opportunity to reinvigorate their calls for a ‘reforming’ law to be adopted. The EU EOM’s Recommendations8 EU Recommendation 1 The electoral law should be completely revised following an inclusive consultative process. It should take into account the Constitution, national laws and international obligations for elections. The Lebanese authorities deserve to be commended for establishing the Boutros Commission and recognising that the urgent reform of the electoral framework was needed. Its work was innovative, independent, credible and inclusive. The Commission produced a comprehensively revised draft election law that addresses many of the key problems that affect Lebanese elections and, in doing so, seeks to implement almost all of the recommendations of the EU EOM. It remains the only option currently on the table and has set a clear benchmark for the reforms that are needed for elections in Lebanon. However, the Lebanese authorities should not further aggravate their inaction on election reform that has followed the work of the Boutros Commission. In this regard, the following immediate actions are necessary:

6 See Annex B, Proposals for Electoral Districting in Lebanon (IFES Lebanon Briefing Note, 22 May 2008) 7 The draft law of the Boutros Commission had already been submitted to Parliament on 6 May 2008 by MPs Ghassan Mukhaybar and Ghassan Tueini. 8 For a comprehensive assessment of the electoral framework in Lebanon, see also the recent report of Democracy Reporting International (May 2008) www.democracy-reporting.org.

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 3

• The new President and the Cabinet of Ministers should express a clear commitment to electoral reform and, if unable to offer complete support for all proposals of the draft Boutros law proposed, should identify which proposals have their support and should provide appropriate alternatives for the proposals that do not.

• Each parliamentary political party or bloc should express its formal position on each of the major issues of electoral reform.

• The Ministry of Interior, as the governmental body with responsibility for elections, should provide an expert assessment on the draft Boutros law and, in particular, assess the feasibility for the implementation of the proposed reforms, any possible alternative practices and also the need for supplementary bye-laws, regulations etc.

• The Parliament should agree to hold its committee meetings to discuss the new election law open to the public and, where relevant, invite experts and relevant stakeholders to advise on technical practices and practices.

• The Parliament should ensure that it reviews the draft law (and any other options put before it) without undue haste but also in a manner that ensures a new election law can be adopted in sufficient time ahead of the 2009 elections.

EU Recommendation 2 There should be a review of the electoral system in order to have all major political views represented. Delimiting electoral district boundaries should serve the principles of equal vote and adequate political representation. Lebanon currently uses a majoritarian ‘block vote’ electoral system in multiple member constituencies. This system is considered to be highly problematic: whichever party has the most supporters in a district will win all seats in that district, blocking the representation of lesser-supported parties or minority groups. One unique concern in Lebanon is the issue of ‘Muslim-influenced Christian MPs’ whereby the seats reserved for Christians are actually determined by Muslim voters where they are the majority in an electoral district. The Boutros Commission was mandated to identify an electoral system that could achieve “fair representation and equality among candidates and voters.” The Commission proposed a new parallel ‘majoritarian/proportional’ electoral system that would be likely to introduce greater representation of different political parties in Parliament. However, the complexities of the proposed Boutros system, coupled with the ‘uncertainty’ of victory that it created for established political forces, meant that it has never been taken seriously by political aparties as an option for reform. Indeed, apart from the Boutros Commission proposal, there has never been any serious public or political debate on what electoral system would work best for Lebanon. The Doha Agreement has removed any realistic option for any change in the system ahead of the 2009 elections. It is likely that the issue of finding a system that ensures ‘fair representation’ will arise again. The EU recommendation also highlighted the fact that the boundaries of electoral districts or allocation of seats among districts are determined without any objective criteria (such as size of population etc) or independent review. The new electoral districts are established using the boundaries of existing administrative units. EU Recommendation 3 Voters should be registered in their place of actual residence. Changes of residence should be taken into consideration according to a transparent and accessible procedure.

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 4 Voter registration in Lebanon is linked to the civil registration process: voters are registered to vote in the location where they are registered for civil administration purposes. Voter registration in Lebanon takes place annually: the next elections will be run using a voter register that will be updated between 15 December 2008 and 31 March 2009. By tradition, this takes place in each person’s “ancestral village” regardless of where that person actually lives. Nevertheless, the procedure for any voter to change the location of their voting/civil registration is extremely bureaucratic and non-transparent, even requiring the personal approval of the Minister of Interior for the procedure to start. The current practice for registering voters at their ancestral village is unusual and antiquated. It requires some voters to travel long distances to vote as well as diminishing the ‘connection’ between a voter and his or her elected representatives. But the practice has the benefit of ensuring that the weight of voters is cast fairly evenly across Lebanon: otherwise, it is estimated that 60 per cent of voters would be voting for constituencies around Beirut. Furthermore, the system appears to work quite effectively in establishing a concrete link between a voter and his or her place of voting; there is little evidence of ‘multiple registration’ in Lebanon. In addition, many voters seem to prefer retaining a connection to their ancestral village. The draft Boutros law does not propose changing this basis for voter registration. However, it does propose that voters will be able to cast an ‘absentee ballot’ i.e. at a location (presumably at the place of their actual residence) other than where they are registered. (See also EU Recommendation 8 below) On this issue, the Lebanese authorities could undertake the following steps:

• the Ministry of Interior could publish clear procedures and guidelines for persons who wish to change the location of their voter/civil registration. There could be an independent review as to how those procedures could be made less restrictive and whether the current role of the Minister is appropriate.

• The Ministry of Interior should undertake a feasibility assessment of the steps needed to implement the absentee balloting proposals of the draft Boutros law.

EU Recommendation 4 Official uniform ballots should be adopted. Provisions on burning ballots after the counting should be abolished. Under the current law, voters must write in the names of all candidates they wish to vote for on to a blank piece of paper; as this can be a complex activity (e.g. the number of candidates can be in double-figures) the law permits that voters may use a paper that has been ‘pre-written’ and may be handed to them by a political party. It is well known in Lebanon that this system of balloting can easily allow every paper to be traced back to the voter who cast it. This practice clearly violates the right to cast a secret ballot and restricts the participation of illiterate or blind voters. It also undermines the free expression of will by encouraging opportunities for fraud, vote-buying, coercion or pressure upon voters. The draft Boutros law envisages that official uniform ballots will be adopted to prevent this problem from occurring. The current law also requires the burning of ballot papers after the close of a count, ostensibly as a safeguard against ballots being traced. This not only recognises the fact that hand- or pre-written ballots can be traced, but also prevents any real opportunity to challenge the accuracy of the results

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 5 of an election through a recount. The Boutros law also changes the counting procedures including removing the requirement to burn ballots On this issue, the Lebanese authorities should undertake the following steps:

• Parliament should adopt legislation to introduce official, uniform ballot papers and to improve counting procedures, including removing the requirement to burn ballot papers.

• The Ministry of Interior should undertake a feasibility assessment for the introduction of ballot papers, identifying relevant procedures, manufacturers, security measures etc. Different kinds of ballot papers should be tested to assess what model is most appropriate.

• Voter education should be provided on the issue of using ballot papers. EU Recommendation 5 Financial disclosure should be mandatory for all candidates. Campaign spending limits should be considered. Campaign financing is an especially controversial issue in Lebanon. Currently, the electoral law fails to provide any form of campaign finance regulation, while other legislation guarantees banking secrecy. The draft Boutros law proposes a detailed approach to financial disclosure by candidates, including spending limits, to be supervised by an Independent Election Commission. Nevertheless, the Boutros proposals also lack certain core elements needed for the proper regulation of campaign financing (e.g. there is no requirement to disclose information to the public). EU Recommendation 6 Voting should take place during one single day, to allow for equal campaigning opportunities. The current election law already requires that voting should only take place on one day unless “security should so require.” 9 On this issue, the Lebanese authorities should undertake the following steps:

• Parliament should ensure that this requirement is retained in new election legislation and that detailed criteria must be met if elections are to be postponed for whatever reason.

• The Ministry of Interior should undertake a feasibility assessment of the impact of holding an election on one day and. in particular, of the greater demands it will make on personnel, security, financial and logistical resources.

EU Recommendation 7 Limitations on the electoral rights for security officials should be abolished. Other restrictions of suffrage should be limited. There are different approaches around the world as to whether security officials should be prevented from voting. Lebanon also has an extensive list of citizens who are prevented from being registered to vote. This includes convicted criminals and bankrupts. A number of these restrictions may be considered unreasonable. EU Recommendation 8 Procedures to allow absentee voting should be introduced for homebound votes, election officials and public servants on duty. 9 2000 Election Law, Article 7.

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 6 The current law requires that voters are only able to cast ballots at a specified polling station. The draft Boutros law proposes that absentee voting should be allowed, including for homebound voters, election officials and public servants who are unable to travel to their allocated polling station. The Ministry of Interior should undertake a feasibility assessment of the steps needed to implement these aspects of the absentee balloting proposals of the draft Boutros law. EU Recommendation 9 The electoral rights of expatriate Lebanese voters should be reviewed, possibly to allow out-of-country voting. There are different approaches around the work on the issues of whether expatriate citizens can be registered as voters and, secondly, whether registered voters who live overseas are able to vote from overseas. The Boutros Commission endorsed the continued registration of expatriate Lebanese as voters and proposed that such voters should be able to cast their ballots form overseas. This issue is of considerable political significance in Lebanon given the large numbers of its diaspora. However, there has been no feasibility assessment as to how these proposals would be implemented in practice. EU Recommendation 10 The voting age should be lowered to 18 years. Lebanon is one of only 13 countries where the voting age is higher than 18 years. It would appear that Lebanon is in violation of the right of universal suffrage by unreasonably preventing its citizens aged between 18 and 21 years from being able to vote. The draft Boutros law proposes lowering the voting age to 18 years. However, this reform is believed to require a change in the Constitution before it could be enacted in legislation.10 On this issue, the Lebanese authorities should undertake the following steps:

• Parliament should ensure that the lowering of the voting age is adopted in sufficient time for the voter registration process to be able to fully incorporate the newly eligible voters.

• The Ministry of Interior should develop plans for expanding the registration of voters to include those persons who will be above 18 years of age on election day.

• The authorities and civil society should prepare voter education to inform the newly eligible voters.

EU Recommendation 11 The right of domestic and international election observers should be guaranteed. The current law provides no right for election observation by non-partisan domestic or international groups, although it does allow for all candidates to have agents present during polling and counting. There is growing international practice that non-partisan observers can play a significant role in strengthening the credibility and transparency of an election process. In 2005, observers were able to receive accreditation because of a decision by the Minister of Interior. The draft Boutros law provides guarantees for non-partisan observers, although it does set an unusually high qualification for observer organisations to benefit from such guarantees.

10 See Lebanese Constitution Article 21 “Every Lebanese citizen who has completed his twenty-first year is an elector.” It is arguable that a new election law that reduces the voting age to 18 years is not in conflict with this provision of the Constitution.

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 7 On this issue, the Lebanese authorities should undertake the following steps:

• Parliament should ensure the new election law guarantees the rights of domestic and international non-partisan groups to observe the election process.

• The Ministry of Interior should develop plans for accrediting observer groups, including the preparation of a code of conduct for observers (e.g. using the model established by the United Nations Declaration of Principles for International Election Observation).

EU Recommendation 12 Legislation on political parties and NGOs should be introduced. Lebanon already has a legal framework for the registration of political parties and civil society groups, dating from the 1909 Ottoman Law on Associations. This appears to be regarded as generally effective. EU Recommendation 13 A campaign silence during the last day of the campaign and on Election Day, especially in and around polling sites. The current election law already imposes an ‘election day silence’.11 This recommendation appears, instead, to highlight the fact that breaches of the law, especially on this issue, were rarely punished. The draft Boutros law provides an improved framework for campaign regulation than the current law, including stronger enforcement powers to prevent and punish breaches of campaign rules. EU Recommendation 14 The election administration should promptly publish all election related laws, sub-legal acts, decrees and decisions. On this issue, the Lebanese authorities should undertake the following steps:

• Parliament should include a requirement for transparency by the election authorities in the new election law

• The Ministry of Interior should develop a policy to improve its transparency through prompt publication of all materials on a website.

EU Recommendation 15 An independent electoral body covering all aspects of electoral administration should be established. The Ministry of Interior currently runs elections in Lebanon. The Boutros Commission proposed establishing an Independent Election Commission, although there remain relevant questions as to the level of independence of the proposed structure and how it would balance confessional representation. There are many different approaches to election management and, although there is a growing global trend towards establishing independent bodies, there are also many countries where credible elections are run by a Ministry that acts impartially, transparently and without political interference. Indeed, the EU EOM identified that the 2005 elections were “well managed.” If Parliament agrees to include the establishment of an IEC in a new election law, it will require considerable effort and resources to put the institutional mechanisms in place in sufficient time for 11 See 2000 Election Law, Article 66: “It shall be forbidden to distribute any publication or manuscript in favour of, or against, a candidate on election day.”

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 8 the 2009 elections. If the new law continues to make the Ministry of Interior responsible for elections, it will be important that the new election law requires all governmental officials responsible for elections to work in an impartial and fair manner. EU Recommendation 16 Electoral related functions should be transferred from mukhtars and should be transferred to local levels of the election administration. Mukhtars are the elected heads of villages and administrative precincts. They have a limited role in elections, including assisting with the updates of voter registration and issuing of voter cards. A new election law could transfer these roles to civil registration officials and police in the Ministry of Interior. EU Recommendation 17 The authorities should introduce a permanent, transparent and computerized system for updating civil and voter registration data. The Lebanese authorities have run a centralised, computerised voter register since 1997, which has been annually updated. Precise data on the number of voters is made publicly available (at a small fee) to political parties and individuals. This recommendation may have confused the fact that the initial stage of voter registration – the updating by local registry offices – is undertaken without the use of computers. It would also appear that very few people are aware of the voter registration process. On this issue, the Lebanese authorities could take the following steps:

• The Ministry of Interior could commission a review of the voter registration process (see EU recommendation 3 above) and commit to computerising all stages of the voter registration process.

• The authorities and civil society could work together on raising public awareness of voter registration, including the obligation upon citizens to check that the registered data is corrent

EU Recommendation 18 The use of Voter Cards should be abolished. The current law requires that all voters must have a Voter Card to be eligible to vote. This safeguard is unnecessary as all voters will already have other forms of photographic identification. In addition, there have been controversial reports that Voter Cards were withheld to prevent persons from voting. Parliament should address this issue in the new election law. EU Recommendation 19 Polling officials should be forbidden from wearing or carrying any propaganda material. Parliament should address this issue in the new election law. EU Recommendation 20 Polling officials should be appointed by the election administration, and should be given effective training and instructions. Under the current election law, half of the polling officials are appointed by the polling station chairperson (who is appointed by an administrative governor) and the other half are chosen “by the

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 9 voters present at the opening of the station from among voters who can read and write.”12 This method not only creates opportunities for partisanship on the polling station committee, but also prevents polling officials from receiving advance training on their tasks and responsibilities. The Boutros Commission proposed that all polling staff would be selected by their polling station heads and receive advance training. Furthermore, there will also be a demand of for an increased pool of polling officials if elections are to be held on one day. The Lebanese authorities should take the following steps:

• The Ministry of Interior should start the development of a training programme for polling officials and relevant instruction manuals.

• The Ministry of Interior should develop a code of conduct for polling officials that requires them to act in an impartial, fair and professional manner.

EU Recommendation 21 Accessibility to polling stations by persons with disabilities should be improved. In April 2008, the Minister of Interior issued a circular that all officials involved in the selection of polling locations must adopt measures that “would facilitate the participation of disabled persons in the elections”.13 This positive step followed several years of intense lobbying by civil society groups, such as the Lebanese Physically Handicapped Union. The Ministry and LPHU are now developing a programme to assess the level of accessibility in polling stations countrywide. EU Recommendation 22 The system for resolving election-related complaints should be revised and improved. The current legal framework provides an inadequate framework for the effective resolution of election complaints. The draft Boutros law improves upon the existing framework, but even if adopted there would remain concerns about whether complainants are able to exercise their right to an effective remedy during an election process. In particular, the Constitutional Council, which has jurisdiction over challenges to parliamentary election results, is currently not functioning. EU Recommendation 23 Media (in particular publicly funded media) should provide all contestants equitable and fair media coverage and access to advertising. A media supervisory body should be established. The current election law is wholly inadequate on the issue of media coverage of an election. The draft Boutros law proposes significant improvements to the framework for media and elections, including the establishing of independent oversight. This area is likely to be especially contentious in the 2009 elections as all political parties control their own media outlets. Annexes Annex A: Checklist of steps taken in relation to EU EOM recommendations Annex B: Proposals for Electoral Districting in Lebanon (IFES Lebanon Briefing, 22 May 2008) Annex C: Matrix on legal and regulatory steps for adopting electoral reform (IFES Lebanon)

12 See 2000 Election Law, Article 42. 13 Ministerial Circular no. 2/E.M/2008, 4 April 2008

Electoral Reform in Lebanon and the 2005 EU EOM Recommendations Richard Chambers – 28 May 2008

Page 10 Annex A Checklist of steps taken in relation to EU EOM recommendations

Addressed by Boutros Draft

Law

Concrete steps taken by

Authorities The electoral law should be completely revised following an inclusive consultative process. It should take into account the Constitution, national laws and international obligations for elections.

There should be a review of the electoral system in order to have all major political views represented. Delimiting electoral district boundaries should serve the principles of equal vote and adequate political representation.

Voters should be registered in their place of actual residence. Changes of residence should be taken into consideration according to a transparent and accessible procedure.

Official uniform ballots should be adopted. Provisions on burning ballots after the counting should be abolished. Financial disclosure should be mandatory for all candidates. Campaign spending limits should be considered.

Voting should take place during one single day, to allow for equal campaigning opportunities. Limitations on the electoral rights for security officials should be abolished. Other restrictions of suffrage should be limited. Procedures to allow absentee voting should be introduced for homebound votes, election officials and public servants on duty. The electoral rights of expatriate Lebanese voters should be reviewed, possibly to allow out-of-country voting.

The voting age should be lowered to 18 years. The right of domestic and international election observers should be guaranteed. Legislation on political parties and NGOs should be introduced. A campaign silence during the last day of the campaign and on Election Day itself, especially in and around polling sites. The election administration should promptly publish all election related laws, sub-legal acts, decrees and decisions. An independent electoral body covering all aspects of electoral administration should be established. Electoral related functions should be transferred from mukhtars should be transferred to local levels of the election administration.

The authorities should introduce a permanent, transparent and computerized system for updating civil and voter registration data. The use of Voter Cards should be abolished. Proof of eligibility can be shown by using other ID documentation. Polling officials should be forbidden from wearing or carrying any propaganda material. Polling officials should be appointed by the election administration, and should be given effective training and instructions.

Accessibility to polling stations by persons with disabilities should be improved. The system for resolving election-related complaints should be revised and improved. Media (in particular publicly funded media) should provide all contestants equitable and fair media coverage and access to advertising. A media supervisory body should be established.

IFES Lebanon Briefing Note The Doha Proposals for Election Districting in Lebanon 22 May 2008

The 21 May Doha Agreement has brought consensus between Lebanese political parties on the districts to be used for the 2009 parliamentary elections. While the agreement will still need to be formalised by Parliament in new legislation, this IFES Lebanon briefing note provides an overview of some key issues.

Election Districts under the proposed Doha Agreement

What election issues were discussed in Doha? A new election law was one of the key agenda items at the political dialogue in Doha. An ad hoc six person bipartisan committee was established to reach agreement on new electoral districts and to discuss other reforms to the electoral framework. The work of the committee was almost entirely focused on debating the issue of districting in Beirut, as the way in which the Capital is divided into different districts is seen as having a significant impact on determining which block of parties could win a parliamentary majority at the next elections. What was agreed as electoral districts for Lebanon? The ad hoc election committee in Doha reached almost immediate agreement (with the exception of Beirut) on the re-adoption of the same electoral districts that had been previously established by the 1960 Election Law (see map opposite). These districts generally consist of single qadas except that, in four cases, an electoral district will consist of two qadas joined together. Parliament will need to formalise these new districts by new legislation. How will seats be distributed between districts? While no specific agreement on the issue of seat allocation between districts was referred to in Doha, party sources have indicated that there is consensus that there will only be small changes to the formula currently used for distributing seats between the different districts. Parliament will still need to adopt new legislation to formalise this distribution of seats. The 128 parliamentary seats will continue to be divided equally between Christians and Muslims and further sub-divided among the different confessions (see tables below and on following page).

Current Confessional Distribution of Seats in Parliament Muslims 64 seats Christians 64 seats Sunni 27 Maronite 34 Shi’ite 27 Greek Orthodox 14 Druze 8 Greek Catholic 8 Alawites 2 Armenian Orthodox 5 Armenian Catholic 1 Evangelical 1 Christian Minorities 1

What was agreed as electoral districts for Beirut? Beirut has eleven precincts that are traditionally used to provide the boundaries for its electoral districts. It is a custom in Lebanese electoral negotiations that these precincts are merged or divided on the basis of their confessional make-up so as to determine which party can exercise influence on who will win seats. After protracted debate, the 21 May Doha Agreement identifies three new electoral districts in Beirut. In contrast to the districting of Beirut in both the 1960 and 2000 Election Laws, the three districts are drawn in a contiguous manner. (See maps and charts on following page).

IFES Lebanon www.ifes.org/lebanon +961 3 649 113

What was agreed as the election system to be used? The ad hoc election committee did not discuss any changes to the ‘block vote’ electoral system that is currently used in Lebanon. This system ensures that the most-supported party in a district can win all seats in that district; even if that party does not have candidates for all seats, its supporters are still likely to determine who wins the other seats. Other proposed options that seek to reform Lebanon’s electoral system – including that proposed by the National Commission for Electoral Law, headed by Fouad Butros, which would introduce a proportional element to the electoral system – could still be considered by Parliament when it debates a new election law.

What about the other reforms? The text of the Doha Agreement includes a commitment for Parliament to debate the raft of reforms proposed in the draft law of the Boutros Commission. The draft law was already submitted to Parliament on 6 May by MPs Ghassan Mukhaybar and Ghassan Tueini. The key elements of the draft Boutros law, if adopted, would significantly improve Lebanon’s ability to hold elections in accordance with international standards by ensuring: • the universality of suffrage through lowering the voting age • the secrecy of the vote through using ballot papers • the neutrality of the election administration • the fairness of the campaign through regulations on media,

political financing and campaign events • the safeguarding against corrupt practices through improved

polling and counting procedures • the increased participation by voters, especially in relation to the

accessibility for disabled persons and absentee balloting.

22 May 2008

Map of Proposed New Electoral Districts in Beirut (following 21 May 2008 Doha Agreement)

Likely Distribution of Parliamentary Seats among Proposed New Electoral Districts (assuming that the current formula of seat distribution between qadas and confessions is retained)

Beirut One (5) Metn (8) Tripoli (8)* Marjeyoun-Hasbaya (5)** 1 Greek Orthodox 4 Maronite 5 Sunni 2 Shi’ite 1 Greek Catholic 2 Greek Orthodox 1 Alwaite 1 Sunni 1 Armenian Orthodox 1 Greek Catholic 1 Greek Orthodox 1 Druze 1 Armenian Catholic 1 Armenian Orthodox 1 Greek Orthodox 1 Maronite Zghorta (3) Baabda (6) 3 Maronite Jezzine (3) Beirut Two (4) 3 Maronite 2 Maronite 2 Armenian Orthodox 2 Shi’ite Batroun (3)* 1 Greek Catholic 1 Sunni 1 Druze 3 Maronite 1 Shi’ite Baalbek-Hermal (10)** Aley (5) Koura (3) 6 Shi’ite Beirut Three (10) 2 Maronite 3 Greek Orthodox 2 Sunni 5 Sunni 2 Druze 1 Maronite 1 Druze 1 Greek Orthodox Saida (2)*** 1 Greek Catholic 1 Shi’ite 2 Sunni 1 Greek Orthodox Chouf (8) Zahleh (7) 1 Evangelical 3 Maronite Zahrani (3)*** 2 Greek Catholic 1 Minorities 2 Sunni 2 Shi’ite 1 Shi’ite 2 Druze 1 Greek Catholic 1 Sunni Jbeil (3) 1 Greek Catholic 1 Maronite 2 Maronite Tyr (4) 1 Greek Orthodox 1 Shi’ite Akkar (7) 4 Shi’ite 1 Armenian Orthodox 3 Sunni Kesrouan (5) 2 Greek Orthodox Bent Jbeil (3) West Bekka/Rashaya (6)** 5 Maronite 1 Maronite 3 Shi’ite 2 Sunni 1 Alawite 1 Shi’ite Becharri (2) Nabatieh (3) 1 Druze 2 Maronite Denneyeh–Minieh (3)** 3 Shi’ite 1 Maronite 3 Sunni 1 Greek Orthodox

* Sources in Doha indicate that one Maronite seat in Tripoli may be moved to Batroun. ** Indicates where two qadas are joined into a single election district. *** Indicates where a single qada is divided into two election districts

IFES Lebanon

www.ifes.org/lebanon +961 3 649 113

IFES Lebanon

This table provides an overview of the administrative and legal steps needed for the adoption and implementation of each key electoral reform initiative in Lebanon. A likely timeframe for the implementation of the steps is on the reverse.

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Professionalisation of the election management body Publication of materials and website development Preferable Adoption of Code of Conduct on Transparency Required Preferable Preferable Training of senior election officials Required Training of election officials Required Training of polling officials Required Issuing of procedural manuals Required Adoption of a Code of Conduct for Election Officials Required Preferable Preferable Development of operational plan Required Development of a budget for elections Required Improving selection criteria for polling officials Required Preferable Required

Improving election procedures Adoption of improved voting procedures Required Required Required Required Adoption of improved candidate registration procedures Required Required Required Preferable Adoption of improved counting procedures Required Required Required Preferable Adoption of improved results procedures Required Required Required Preferable Holding elections on one day Required Preferable Complaints & Appeals procedures Required Required Required Preferable Improved voter education by authorities Required Preferable Preferable

Improving election regulation Campaign Regulation Required Required Required Preferable Campaign Finance regulation Required Required Required Preferable Media Regulation Required Required Required Preferable Preventing discrimination Improved participation by persons with disabilities Required Preferable Preferable Improved opportunities for women candidates Preferable Preferable Preferable Improving election observation Guaranteed election observation Required Preferable Required Preferable Accreditation mechanisms for observers Required Preferable Required Building resources of national observers Preferable Required

Ensuring universal suffrage Reducing voting age from 21 Required Required Required Required Required Broadening the franchise to all citizens Required Required Required Required Registration of newly eligible voters Required Required Opportunities for improving registration procedures Required Preferable Preferable

Ensuring secret ballot Introducing standard ballot papers Required Required Required Required Introducing improved security materials Required Required Required

Establishing an independent election commission Establishing legal and administrative framework for IEC Required Required Required Required Establishing a functioning IEC Preferable Preferable Preferable

Changing the electoral system Introducing new electoral districts Required Preferable Required Re-allocating seats between new electoral districts Required Preferable Required Adopting new electoral system Required Preferable Required Enabling absentee balloting within Lebanon Required Required Required Required Enabling expatriate voting outside of Lebanon Required Required Required Required

Strengthening the legal basis for elections Providing a guarantee for electoral rights Required Required Required Required Preferable Providing for a fixed term mandate for parliament Required Required Required Required Preferable