Berri’s Call for ‘Consensus’ over New Lebanese President Sparks Debate on Role of Parliament

Lebanese parliament Speaker Nabih Berri casts his vote during the first session to elect a new president at the parliament in Beirut, Lebanon, 29 September 2022. (EPA)
Lebanese parliament Speaker Nabih Berri casts his vote during the first session to elect a new president at the parliament in Beirut, Lebanon, 29 September 2022. (EPA)
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Berri’s Call for ‘Consensus’ over New Lebanese President Sparks Debate on Role of Parliament

Lebanese parliament Speaker Nabih Berri casts his vote during the first session to elect a new president at the parliament in Beirut, Lebanon, 29 September 2022. (EPA)
Lebanese parliament Speaker Nabih Berri casts his vote during the first session to elect a new president at the parliament in Beirut, Lebanon, 29 September 2022. (EPA)

The Lebanese parliament failed on Thursday to elect a new president for the republic. At its conclusion, Speaker Nabih Berri declared that the legislature will convene again once the MPs reach “consensus” over a presidential candidate.

The session ended with the speaker failing to schedule a date for a new electoral session.

His move has fueled legal and constitutional debate over the role of parliament in electing a president as the term of Michel Aoun draws to its end.

Legal and constitutional experts viewed Berri’s failure to schedule a new electoral session as political.

Founder of Justicia by Dr. Paul Morcos said constitutional regulations demand that electoral rounds be held in succession without long gaps in between.

They demand that 128-member parliament keep trying to elect a president until one is finally elected, he told Asharq Al-Awsat.

This means that the parliament must dedicate all of its session to elect a president, and not legislate, he explained.

By failing to set a new electoral session, Berri may have allowed parliament to convene for legislative sessions.

Moreover, the elections will likely now be resolved through a political settlement or the country may be plunged in presidential vacuum, as had happened in the past, when Aoun’s term ends on October 31.

Morcos said Berri was better off holding successive electoral sessions to avoid the vacuum.

Constitutional expert Saeed Malek said parliament is obligated to elect a president and cannot hold legislative sessions.

In remarks to Asharq Al-Awsat, he noted that Article 49 of the constitution speaks of electoral “rounds” not “sessions”.

These rounds should be held in one day or several days in succession, he explained.

This means that the round that was held on Thursday is still open and can only be adjourned with the election of a president, he added.

The constitution stipulates that the parliament must only play an electoral role until a president is elected. It can no longer legislate or vote in a government if it is formed, “unless some officials would like to interpret the constitution according to their political interests,” he added.

Lebanon has yet to form a new government after holding parliamentary elections in May, leaving it at risk of both presidential and government vacuums when Aoun’s term ends.

Member of Berri’s Liberation and Development parliamentary bloc MP Qassem Hashem said Article 75 of the constitution is clear in stipulating that once the first parliamentary electoral session is adjourned, then the speaker is demanded to call for a new one to be held.

Berri will call for a session once consensus is reached on a presidential candidate, he told Asharq Al-Awsat.

In the meantime, the parliament can still exercise its legislative role, he added.

Observers have interpreted Berri’s call for consensus on a president as a sign that the country is headed towards presidential vacuum given that MPs are in disagreement over a candidate.

The election rules mean no one party or alliance can impose their choice, requiring a two-thirds quorum in the politically fractured parliament.

The presidency has fallen vacant several times since the 1975-90 civil war. Anticipating another vacuum, politicians have stepped up efforts to agree a new cabinet led by Prime Minister Najib Mikati - who is currently serving in a caretaker capacity - to which presidential powers could pass.

The Shiite Hezbollah MPs cast blank ballots, as did its allies the Shiite Amal Movement – headed by Berri - and Aoun's Free Patriotic Movement, totaling 63 of the 122 lawmakers who attended.

Foreign powers including the United States and European Union have urged timely presidential elections.

A presidential vacuum could further complicate government decision-making as Lebanon enters the fourth year of a financial collapse policymakers have done little or nothing to address.

Hezbollah, Amal and FPM lawmakers left Thursday's session before a second round of voting - when only 65 votes are needed to elect a president - leading to a loss of quorum.

The presidency was vacant for 29 months before Aoun was elected in 2016, thanks to a political deal.



Hamas Sources: Gaza Ceasefire Talks Ongoing Despite Israeli Obstacles

Palestinians in Gaza City wait to receive food aid on Monday (AFP)
Palestinians in Gaza City wait to receive food aid on Monday (AFP)
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Hamas Sources: Gaza Ceasefire Talks Ongoing Despite Israeli Obstacles

Palestinians in Gaza City wait to receive food aid on Monday (AFP)
Palestinians in Gaza City wait to receive food aid on Monday (AFP)

Despite accusations from Hamas that Israel is deliberately placing hurdles in the way of indirect negotiations in Doha aimed at securing a two-month ceasefire, sources within the movement confirmed to Asharq Al-Awsat that there are ongoing consultations.

Hamas sources said Israel continues to obstruct progress in the Qatar-hosted negotiations, which have been underway for over a week with only limited breakthroughs.

“Each time there is partial progress on some provisions, the Israeli delegation delays discussions on other points and refuses to engage until it receives fresh instructions from officials in Tel Aviv,” the sources explained.

Palestinian negotiators believe this approach is designed to buy time and apply pressure on the Palestinian factions’ team, while ultimately blaming them for any failure of the talks, which are dragging on due to Israel’s contradictory positions.

Humanitarian Aid a Major Sticking Point

The most significant obstacle, according to Hamas, remains Israel’s refusal to commit to a comprehensive withdrawal plan, as well as its insistence on maintaining the current aid delivery mechanism, which Hamas describes as a “death trap” for civilians in Gaza.

The sources said Israel has agreed in principle to allow aid into areas it withdraws from through international organizations. However, the Palestinian delegation is demanding that assistance be delivered under the humanitarian protocol negotiated in January.

This protocol is broader than Israel’s proposals and includes not only food and medical supplies, but also construction materials, equipment to repair hospitals and schools, and goods for the private sector to sell in local markets.

Israel has informed mediators that it reached an understanding with the European Union to allow 500 trucks per day into Gaza, which the Palestinian negotiators welcomed. Still, they insisted on clear guarantees that the deliveries would follow the January protocol without manipulation.

Maps and Withdrawal Timelines

Maps of military positions remain another major sticking point. The Hamas delegation is demanding that any Israeli withdrawal be based on the maps set out in the previous ceasefire agreement and implemented gradually according to a clear timetable.

That January agreement had allowed Israeli forces to remain temporarily in buffer zones around Gaza, ranging from 500 to 1,000 meters wide. The Palestinian side is adamant that troops must not remain inside Gaza itself and that the withdrawal must lead to a complete pullout in a second phase of the agreement.

According to the sources, the negotiators want precise language in each clause to prevent Israel from delaying or avoiding implementation, as has occurred in past agreements.

Waiting for US Pressure

Negotiations have not broken down, and the Hamas delegation believes American pressure will be critical to moving Israel off its current positions.

On Sunday evening, US President Donald Trump expressed hope that the ceasefire discussions would yield concrete results within days.

Later that night, a senior Hamas delegation met with Islamic Jihad leaders to coordinate positions and underscore that any deal must fulfill Palestinian aspirations, above all, ending the war, securing a full Israeli withdrawal, reopening crossings, and launching reconstruction.

Flexibility on the Morag Corridor

Meanwhile, Israel’s Security Cabinet convened Sunday evening to review the possibility of a prisoner swap. According to Channel 12, Prime Minister Benjamin Netanyahu told ministers he was interested in reaching an agreement on the hostages, even as Hamas continues to reject Israel’s terms. He warned that fighting could resume after any temporary ceasefire if Hamas does not accept Israel’s conditions for ending the war.

Yedioth Ahronoth reported that Netanyahu, once firmly opposed to any pullback from the Morag Corridor. a strategic strip that bisects Rafah and separates it from Khan Younis - is now willing to show some flexibility.

Israeli control of the 12-kilometer corridor would allow it to further fragment Gaza and expand its security buffer zones.