Lebanon’s unimplemented Senate: A constitutional reform still frozen since the Taif Agreement
It is the Taif Agreement, and there is a renewed awareness today of the need to implement it, 37 years after its adoption in the Lebanese Parliament.
Many of its provisions remain unimplemented, including the Senate, which is one of the main reform measures outlined in the Taif Agreement.
For all these years, the Senate has remained a paper institution within the Lebanese political system.
The question is: if the presidency of the Senate is ever established, is it assigned to either of the two sects, the Druze or the Orthodox? More fundamentally, is there any constitutional or legal text that specifies the sect of the Senate presidency? Druze or Orthodox?
What the constitutional text says
Constitutional expert Dr. Said Malek reveals that there is certainly no text stating that the Senate is for the Druze. He notes that during the discussions of the National Reconciliation Document held in Taif, this matter was indeed raised and discussed as a specific point. However, no provision was ever adopted specifying that the Senate must be chaired by a Druze, an Orthodox, or any other sect.
In politics, Marwan Abou Fadel, the former MP and Secretary-General of the "Orthodox Gathering," starts from two readings or hypotheses, leading to two outcomes.
In a first reading, Abou Fadel considers that, according to the constitutional text, it is expected that after the establishment of the Parliament on a non-sectarian basis, a Senate should also be elected on a national, non-sectarian basis.
Does this mean that the sect allocated to the presidency of the House of Representatives is automatically removed from the Shiites once the Senate is established? There is no definitive answer. However, logically, when the sect of one of the three presidencies is dropped, the arrangements of the other two presidencies would also follow accordingly.
According to this hypothesis, the presidency of the Senate becomes rotating among all sects.