Constitutional Violations: Obstacles to Lebanese Diaspora Voting Rights
The current Lebanese electoral law is facing scrutiny for violating constitutional principles, particularly concerning the voting rights of Lebanese expatriates. This issue has drawn widespread criticism from constitutional experts and legal scholars, highlighting concerns about the law’s adherence to the principles of equality and democratic participation.
Constitutional Concerns and Electoral Law
The core of the problem lies in provisions of the existing electoral law that contradict the Lebanese constitution, specifically Article 24, which stipulates that members of parliament should be elected to represent Lebanese regions, not continents. Former head of the Supreme Judicial Council, Ghaleb Ghanem, pointed out that the current law has fundamentally altered this principle, deviating from the constitutional requirement.
The importance of ensuring that Lebanese expatriates can vote, just like residents, is emphasized by the principle of equality. Ghanem stresses that Lebanese citizens living abroad have the right to participate in electing representatives from Lebanese regions, not from continents. He calls on the Parliament to take responsibility for addressing this critical issue.
Equality and Democratic Principles
Member of Parliament Melhem Khalaf also condemns the constitutional violations within the current electoral law, particularly the infringement of Article 7 of the Lebanese constitution, which enshrines the principle of equality among all Lebanese citizens. He stresses that there should be no distinction between residents within Lebanon and those living abroad, and that all citizens should participate in elections based on their registration.
Constitutional expert, Said Malek, further supports the position, stating that, according to the constitution, expatriates should have the same rights as residents, including the right to participate in elections. This includes the right to elect 128 members of parliament, in accordance with the principle of equality.
Challenges and Implications
The current electoral law faces challenges related to the practical implementation of voting rights for the Lebanese diaspora. Ghanem emphasizes that if polling stations are not set up in their locations, the practical application of their electoral rights becomes more difficult. He also notes that the registration of expatriates is a preliminary step, pending decisions by the relevant authorities on how expatriates can exercise their electoral rights.
The implications of these violations extend beyond the technicalities of the electoral process. They undermine the foundations of democracy and equality, potentially disenfranchising a significant portion of the Lebanese population. Ensuring that all Lebanese citizens, whether residing in Lebanon or abroad, can fully participate in the electoral process is crucial for upholding democratic principles and ensuring fair representation.
Source: Annahar
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