As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

WHAT’S THE ISSUE AT HAND?

On April 25, 2024, the Lebanese Parliament postponed the municipal elections for the third time since the current councils were established in May 2016, extending the terms of local officials until May 31, 2025. This series of deferrals, which began in 2022 and continued in 2023, raises serious concerns about local governance and democracy in Lebanon. The delays are attributed to ongoing political and economic challenges, financial constraints, administrative unpreparedness, and security concerns. (Kayssi, 2024) Historically, Lebanon has experienced significant delays in municipal elections, with only six elections held in the past 72 years (1952, 1963, 1998, 2004, 2010, and 2016). The last prolonged postponement occurred in the 1960s, with elections scheduled for 1967 being delayed for over three decades until 1998. (Dhaybi, 2023)

Among the many reasons advanced for extending the terms of municipalities, news reports leading up to the expected election date referred to the fear of disrupting the traditional parity in the Municipal Council of Beirut between Muslims and Christians. (Fakhreddine, 2024) as an important concern for Christian parties, namely the Free Patriotic Movement and the Lebanese Forces. Although municipal law does not require a confessional quota, Beirut's council has historically maintained this balance through political unity. With the suspension of the Future Movement's activities and the lack of a strong Sunni ally, maintaining this balance is unlikely, raising concerns about Christian representation. This situation and other concerns prompts a discussion on necessary reforms to the municipal elections law, the directions these reforms should take, and the objectives they should serve.

WHAT LAWS GOVERN MUNICIPAL ELECTIONS IN LEBANON?

The electoral framework for Lebanon's 1064 municipalities and 3018 moukhtars (Fakhreddine, 2024) combines legislative decree 118/1977 (the Municipal Act) and its amendments, primarily from Law 665/1997. The Act was a significant piece of legislation passed at the end of the two-year war (1975-1977), during a period when it was believed that the conflict had concluded (Abu-Rish, 2016). Article 16 of the Municipal Act states that parliamentary election provisions apply to municipal elections. However, the latest electoral law 44/2017, which introduced proportional representation, exempted municipal elections from this change, referring instead to the majoritarian system of electoral law 25/2008. This lack of a specific law for municipal elections and the Municipal Act's insufficient framework has led to inconsistencies and gaps, compromising the democratic process. Issues include no deadlines for withdrawing candidacies and a lack of regulations on media and campaign spending. The continued use of the majoritarian system in municipal elections also raises concerns about representation and fairness.

WHAT REFORM ATTEMPTS HAVE BEEN MADE TO THE MUNICIPAL ELECTIONS?

On March 14, 2023, respectively Beirut 1 and West Bekaa-Rachaya deputies Paula Yaacoubian (from Watani coalition) and Yassine Yassine proposed a law to radically amend Lebanon's voting system for electing municipal councils. Key reforms include equal representation of women and men in municipal councils, allocating at least one seat per gender to individuals with disabilities, and adopting a proportional representation system with preferential voting similar to that used in parliamentary elections. Additionally, the proposal seeks to expand the role of the Supervisory Commission for Elections to cover municipal elections, eliminate banking secrecy for candidates, and set spending limits for electoral campaigns. (Lahham, 2023) While the proposed law aims to introduce significant and ambitious reforms, it addresses municipal elections in isolation and does not consider implementation difficulties related to campaign spending and media coverage, especially given the large number of candidates running for municipal and mayoral elections.

In 2022, Beirut deputies Nicolas Sehnaoui (Free Patriotic Movement) and Ghassan Hasbani (Lebanese Forces) submitted two proposals aimed at addressing sectarian parity in the municipal council of the capital. Their stated goal was to ensure social stability and cohesion through equal representation between Christians and Muslims. The first proposal suggests dividing the municipality into two municipalities along sectarian lines, while the second proposes establishing local councils in each of Beirut's 12 neighborhoods. (Fakhreddine, 2024) These propositions do not offer a comprehensive framework for municipal elections but rather aim to reinforce sectarianism and the fragmentation of Beirut, potentially resulting in more municipalities created along sectarian lines. While some people argue that Beirut may benefit from having twelve councils given the scale of work needed in a city that has become home to more than half a million inhabitants, this approach could further entrench divisions and complicate efforts to achieve cohesive and inclusive governance in the city. In February 2010, deputy Sami Gemayel proposed a comprehensive framework for municipal and mayoral elections. The draft law included shortening the municipal council term to five years, adopting a proportional representation system, implementing a 30% list-based female quota with pre-printed ballots, and electing the president and vice-president through direct suffrage. It also aimed to grant municipalities greater independence by amending the prerogatives of municipal councils and reducing central oversight. Despite being discussed multiple times between 2010 and 2022 in the sub-committee of the National Defense Parliamentary Committee, the proposal was never referred to the General Assembly due to ongoing discussions. Currently, no other draft laws on reforming municipal elections are being discussed in the sub-committee. (Lara Saade, 2024)

In 2009, Minister of Interior and Municipalities Ziad Baroud proposed a bill to reform the municipal electoral law. Approved by the Cabinet and submitted to parliament in March 2010, the bill aimed to introduce proportional representation, closed slates, a 20% quota for women, pre-printed ballots, and eligibility for university professors and certain government employees to run for municipal councils. These changes were expected to strengthen political parties, enhance municipal work, and ensure broader and fairer representation. (Karam, 2010) However, with elections scheduled for May 2010, there was insufficient time for parliamentary discussion to pass the law. In addition, amending electoral laws just months before elections is not considered a democratic best practice. Consequently, the relevant parliamentary committees could not reach a consensus in time, forcing the Minister to call for elections under the old law by March 30 to ensure they were held on schedule.

Most draft laws include measures to ensure accessibility for voters with disabilities. However, political inclusion should extend beyond elections, with accessibility standards and practices adopted in all aspects of life to ensure full inclusion and fulfillment of the rights of persons with disabilities. (El-Helou, 2024)

Despite civil society's consistent calls for significant electoral reforms, including clear and comprehensive frameworks for municipal elections, little progress has been made. This lack of advancement suggests a reluctance to improve existing legislation. Reform discussions face opposition from parties fearing changes to the status quo and disruption of family and clan-based dynamics, which are deeply intertwined with traditional politics characterized by clientelism and patronage.

WHY IS THIS IMPORTANT?

Reforming the municipal elections law in Lebanon is crucial for several reasons. Modern states need clear, comprehensive, and detailed electoral frameworks for local governance structures. Revising the electoral system to move away from the simple majoritarian system, which often leads to disproportionate representation and marginalizes smaller parties and minority groups, is essential for fairer representation. Introducing measures for gender parity and inclusion can enhance community participation, prevent family and clan-based monopolies, and ensure that all segments of society have a voice in local governance. Strengthening municipal councils, the primary form of local authorities, can enhance their ability to address local issues effectively and independently. Additionally, reforms can motivate and educate young people about the importance of participating in the democratic process, leading to innovative solutions and a more dynamic political landscape. Overall, these reforms aim to address long-standing issues in local governance, enhance democratic representation, and ensure that municipal councils are better equipped to serve their communities effectively.

However, it is important to adopt a holistic approach to reform. Restructuring the municipal elections legal framework should be part of a broader strategy that includes administrative decentralization and the overall administrative organization of the country. Given Lebanon's small size, population, and the current economic and political crises, it is challenging to ensure democratic election best practices with such a high number of candidates. A comprehensive and considerate approach to reforms is essential to ensure sound political representation. This means integrating electoral reforms with broader administrative changes to create a more efficient and effective governance system. By doing so, we can avoid impractical or void reforms and foster a political environment that truly reflects the needs and aspirations of the people. This will be further developed in the upcoming Reform Monitor about administrative decentralization.

References:

1. Issam Kayssi, « Delaying Lebanon’s Municipal Elections, Again »,, Diwan, a blog from the Carnegie Endowment for International Peace’s Middle East Program and the Malcolm H. Kerr Carnegie Middle East Center, 24 April 2024, Delaying Lebanon’s Municipal Elections, Again - Malcolm H. Kerr Carnegie Middle East Center (carnegieendowment.org)

2. Karam Karam, “Lebanese Municipal Elections On Time, But Reform Delayed”, Sada Middle East Analysis, Carnegie Endowment for International Peace, https://carnegieendowment.org/sada/40704  
3. Lina Fakhreddine, " "تطيير الانتخابات البلديّة «واجب» لا يحرج أحداً, Al-Akhbar Newspaper, https://al-akhbar.com/Politics/378908 
4. http://www.interior.gov.lb/oldmoim/moim/PDF/Municipal_Act_Eng.pdf 
5. Michael Young, « Saad al-Hariri Has Announced His Withdrawal From Politics”, 24 January 2022, https://carnegieendowment.org/middle-east/diwan/2022/01/saad-al-hariri-has-announced-his-withdrawal-from-politics?lang=en&center=middle-east
6. Jana Dhaiby, 1059 بلدية و3018 مختارا.. ما الذي يعيق إجراء الانتخابات البلدية في لبنان؟, 10 April 2023, https://shorturl.at/DTYGd 
7. Electoral Law 44/2017, https://aceproject.org/ero-en/regions/mideast/LB/lebanon-law-no.44-parliamentary-elections-2017/view 
8. Electoral law 25/2008, https://aceproject.org/ero-en/regions/mideast/LB/parliamentary-elections-law-no.-25/view 
9. FINAL-Guidebook-on-municipal-elections-june-2023-UNDP-ENGLISH-w-cover.pdf (nahnoo.org)
10. Ziad Abu-Rish, Municipal Politics in Lebanon, 280 Fall 2016, Middle East Research and Information Project, https://merip.org/2016/10/municipal-politics-in-lebanon/ 
11. Amending the Municipal Act – draft law by Deputy Sami Gemayel, https://shorturl.at/2Hzo5 
12. Reference check with Lawyer Lara Saade, Head of the Public Policy and Legislation Office at the Kataeb Party
13. Wissam Lahham, بدء الحديث عن المناصفة الجندرية في المجالس البلدية: مساعٍ لإصلاح انتخابات مرجأة, 26 April 2023, The Legal Agenda, https://shorturl.at/HmwvB 
14. Zeina S. El-Helou, Status Review of Disability Rights in Lebanon, REFORM MONITOR, May 22, 2024, The Lebanese Center for Policy Studies, https://shorturl.at/ivDFC