A/HRC/31/18/Add.1
II. Overview of relevant legal framework and structures
A.
Historic development of the Constitution of Lebanon
6.
Lebanon was established in its present borders in 1920 and gained effective
independence in 1943. According to the Constitution, adopted on 23 May 1926 and
amended on 21 August 1990, Lebanon is a parliamentary democratic republic based
on respect for public liberties, social justice and equality of rights and duties .
7.
Article 95 of the 1926 Constitution provides for the equitable representation
of religious denominations in the public service. On this basis, the “national pact”
adopted in 1943 stipulated an unwritten understanding that the office of President of
the Republic would be reserved for a Maronite Christian, the office of Prime
Minister for a Sunni Muslim and the office of Speaker of the House for a Shiite
Muslim. This distribution of political power continues to provide the overall
framework at both the national and local levels of government.
8.
Following the 1989 Taif Accords, which marked the end of 15 years of civil
war in Lebanon, the preamble to the Constitution envisaged the long-term abolition
of political confessionalism in accordance with a national plan. In 1990, article 95
was amended to provide that the Parliament would take the measures necessary to
abolish the political structure based on religious affiliation; until that time, only the
highest positions in public civil service, including the judiciary, military, security
forces, public and mixed institutions, would be divided equally between Christians
and Muslims, regardless of the denominational affiliation within each of the two
major communities.
B.
Constitutional rights
9.
Although the Constitution contains only a limited number of civil and political
rights, it explicitly provides for the freedom of belief. The amended Constitution
contains a chapter on the rights and duties of citizens. It declares the equality of
rights and duties for all citizens without discrimination or preference , while
stipulating a balance of power among the major religious groups.
10.
Within the constitutional bill of rights, article 9 provides for “absolute
freedom of conscience”. The State thus undertakes to respect all religions and
creeds, and guarantees, under its protection, the free exercise of all religious rites ,
provided that public order is not disturbed. It also guarantees that the pe rsonal status
and religious interests of all persons, to whatever religious sect they belong, are
respected.
11.
While article 9 declares its commitment to protecting freedom of conscience,
it also seems to accord legal recognition to religions or creeds as such. From a
human rights perspective, it should be clear that right s-holders ultimately are human
beings, as individuals and in community with others. As mentioned above, article 9
also requires the State to respect all religions and denominations, and to guarantee
respect for the personal status and religious interests of persons of every religious
sect. Personal status laws therefore fall under the jurisdiction of religious
communities and their religious courts.
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