Mona Yacoubian and I chat here about the new Lebanese cabinet and the challenges facing it, the Special Tribunal for Lebanon, the events in Syria, and the new US draft legislation targeting Hizbullah.

Be sure to also check out Joshua Landis’s conversation with Ausama Monajed about the Syrian uprising. I believe it was recorded prior to President Assad’s latest speech, but it’s still worth watching.

I hope to record another segment later this week with a friend of mine who is an expert on Turkish-Israeli relations. Stay tuned.
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I’ve been having a debate with several of my regular commenters over the past month and I thought it was time to dig it out of the forum and give it its own post. The topic: how Hizbullah plans to face the upcoming indictments by the Special Tribunal for Lebanon (STL), which everyone assumes will accuse the party of assassinating Rafiq al-Hariri.

Let me set the stage by referring you back to something I wrote immediately after the Hariri government collapsed back in January:

Setting aside the cynicism of Hizbullah’s political strategy, I continue to think that it’s somewhat desperate and uncharacteristically short-sighted. What has Hizbullah really achieved by replacing Hariri with Miqati? [...] Even if Miqati did agree to doing [their] bidding, isn’t it obvious that he can’t end Lebanon’s cooperation with the STL on his own? He needs the cabinet to vote on it [...] And it wouldn’t work! That’s what so desperate and puzzling about this whole strategy. The court has been set in motion. The evidence is going to be made public sooner or later. It’s just that it will now come out with an angry Sunni audience in Lebanon led by a politician who has less to gain than ever from playing by Hizbullah’s rules. Had they tried to find a way to put Humpty-Dumpty back together again, they could have at least made Hariri do the talking when Lebanon got around to formally denouncing the STL indictments. Now it will have to be Miqati, who has already been branded as a Hizbullah puppet.

Okay, so bringing down Hariri’s government did not solve Hizbullah’s problem with the STL. That much is clear. The question is: what do they do now?

Some of my readers have claimed that Hizbullah’s game plan was simply to keep the government in limbo until after the indictments came out, because it would not be in the party’s interest to be seen as leading a government that refuses to uphold its obligation to the UN and the international community. While they did waffle for almost five months (not quite as long as the king of waffles, but still…) they eventually did form a government with Najib Mikati in charge. This seems to suggest that there is some kind of plan in place for how to deal with the indictments.

One reader, RedLeb suggests the following:

As regards the STL, which frankly is a much weaker threat to Syria and Hizbullah than Syria’s domestic strife, there will be a course alteration, but not a full 180 degrees flip. We will switch from a cabinet that cooperated with the STL, but circumscribed by Hizbullah suspicions, to one non-cooperative with the STL, but circumscribed by Sunni sensitivities. It will not collapse when the indictments are issued. Hizbullah will rely on Miqati to maintain domestic stability and manage international relationships while the trial is underway…

They will go along with the bare minimum required to not cause a confrontation, without any enthusiasm. We’re talking foot dragging, endless discussion of every request, and haggling over semantics. Any time they sense the US is losing patience, they will give just a little to keep things afloat.

Another reader, AIG, finds this unconvincing. He says:

Lebanon may be asked to arrest some of the people indicted. What will the government do then? In addition, Hizbullah will have a hard time disassociating itself from the defendants if higher ups in Hizbullah are named. For example, relatives of Mugniyeh… Miqati will need to perform a tight rope act on a non-existent rope. There is just no way he can please both the US and March 8. Unlike Syria, Lebanon will suffer greatly from sanctions on its banking system or from its inability to roll its debt. The best solution for Lebanon is to hide behind the excuse of a caretaker government. Any other strategy is super risky.

So what’s a billionaire prime minister to do? Does Mikati have any options? Or is this government a farce? What is Hizbullah’s calculation vis-a-vis the STL? Are there any deals (in the vein of the ill-fated “Syrian-Saudi” initiative of 2010) to be made between Lebanon and the UN? Here are some thoughts:

What Hizbullah wants from the Lebanese government is what it has always wanted: a certificate of legitimacy (and in this case, innocence). Has Lebanon ever been sanctioned for “harboring terrorists”? No. Has a Lebanese government ever faced an attack on its banking sector because Hizbullah has members of parliament and ministers? No. Has Lebanon ever had to deal with the repercussions of a cabinet statement that justifies the existence of a national resistance against Israel? No.

Hizbullah is hoping that it can maintain this status quo even in the context of STL indictments. It wants Mikati to find a way to fudge Lebanon’s responsibilities to the STL without having the country pay an exorbitant price (in the same way that Lebanon gets to harbor a militia with tens of thousands of missiles pointed at Israel without facing serious sanctions by the West.)

This is the game plan. Many people want to believe that this is simply not an alternative that is available to Hizbullah and they may be right. If the West decides to play hardball with Lebanon and puts the screws on it as a way to pressure Hizbullah, then they can certainly do that. But Hizbullah is betting that it can win that battle as well. They are betting that people are sick and tired of the STL and want to get on with their life, and don’t really give a hoot about Rafiq al-Hariri anymore and will become more angry and frustrated with the West and Israel than with Hizbullah if sanctions are applied.

That, in my view, is what Hizbullah is thinking. Even if the STL puts on an incredible show with all kinds of compelling evidence, forensics data, DNA testing, iron-clad witness testimony, etc., Hizbullah will be able to live with that. At the end of the day, they feel confident that most of their supporters will not believe it, while many others in Lebanon just won’t care.

What they want to avoid, on the other hand, is having to take some kind of military action against a Lebanese government that is forced to arrest party members because it is being threatened with a full frontal sanctions regime. If Mikati can find a way of maintaining Lebanon’s formal commitment to the STL while recusing his government from the responsibility of arresting suspects and avoiding sanctions and diplomatic isolation, Hizbullah probably thinks that it will be able to live with the bad press.

Let the rebuttals begin…
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I’ve written a brief essay for Foreign Policy about the challenges facing the Mikati government, which you can read here. There are a couple of other observations I’d like to make that are too Lebanon-wonky for FP’s audience but may be of interest to regular readers of QN:

Veto politics: Najib Mikati has made a point of saying that while the March 8 coalition holds a majority in his cabinet, they don’t hold a two-thirds-plus-one supermajority. Out of thirty ministers, only eighteen belong to the FPM, Hizbulah, Amal, and their allies, while the remaining twelve are divided among the shares of Mikati, President Suleiman, and Walid Jumblatt. Is it an accident that Jumblatt’s share is just big enough (i.e. three ministers) to give March 8 a supermajority of twenty-one, if push comes to shove? Once again, Jumblatt makes sure he’s the man in the middle.

FPM: Mikati’s cabinet is already being labeled a “Hizbullah government”. This, to my mind, is an oversimplification, given that Hizbullah only holds two ministries (and insignificant ones at that). Of course, cynics will scoff and say that the Hizb doesn’t need ministries to exert its dominance over the cabinet, and that may well be true. But if they don’t need ministries to dominate a cabinet, then what makes the dynamic in this cabinet different from every other time they have held two or three insignificant ministries?

To my mind, what really makes this cabinet different is the considerable haul that the Free Patriotic Movement and its allies in the Change & Reform Bloc were able to net. Think about it: Defense, Justice, Telecoms, Energy, Labor, Tourism, Industry, Culture, plus a couple freebie ministers without portfolio. That’s tremendous, no matter how you spin it. The Aounist movement has never held that kind of power, and you can bet that they are not going to squander this opportunity to consolidate their position and win more supporters. (See here for my profile of the FPM, which dates back to just before the 2009 elections, but in certain ways remains very relevant to the situation the party finds itself in today).

The 2013 elections: The fact that Tripoli has several of her most prominent sons represented in this cabinet has not been lost on anyone. Mikati is clearly making a play to boost his profile as the most popular political figure in Tripoli, which is the first step toward challenging Saad Hariri’s claim to uncontested leadership of Lebanon’s Sunnis. When Mikati was first appointed back in January, he appeared on Marcel Ghanem’s show Kalam al-Nas, and was asked by the host about what he had to say regarding Hariri’s claims that Mikati did not represent the Sunnis. Mikati, who is usually very cool under pressure, exploded into a comical tirade of sectarian one-upsmanship (click here for the YouTube video in Arabic; English translation below):

Mikati: “I don’t accept anyone to question my Sunnism. If there’s a Sunni in Lebanon, it’s me. I won’t accept it! And those who want to hand out certificates (of Sunnism) can go do it on their own. I’m Sunni in belief, Sunni in practice, Sunni in politics, and I’m the number one defender of the Sunnis in Lebanon. If you want to talk about Sunnis, I’m the one with the highest number of Sunni votes. In the ballot boxes of Tripoli, 87% of the Sunnis voted for Najib Miqati, which has never happened in the history of elections in Lebanon. So [whoever is questioning my Sunnism] can get lost, with all my respect for the muftis and who else is concerned with this issue. I’m the number one Sunni in Lebanon!”

Marcel Ghanem: Great. Moving on…

That always cracks me up. I see great potential for some sort of party game…

It should also be noted that the FPM appointed two ministers (Nicholas Sehnaoui and Gabi Layyoun) from tough electoral districts that they lost in the last elections (Achrafieh and Zahle, respectively).

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Najib Miqati and Michel Aoun are, as of today, the two most important men in Lebanese politics (for now).

Four and a half months after Hizbullah and its allies dumped Saad al-Hariri’s fractious national unity government, Lebanon finally has a new one. It is led by Prime Minister Najib Miqati and is composed of parties from the political coalition known as “March 8th” which includes Michel Aoun’s Free Patriotic Movement, Hizbullah, and Amal. It also includes a number of “independents” from Walid Jumblatt’s PSP, and a few ministers allied with President Suleiman and Prime Minister Miqati.

As anticipated, the biggest winner today is Michel Aoun. Having spent 15 years in the political wilderness, he returned to Lebanon in 2005 from his Parisian exile to find Saad al-Hariri and Walid Jumblatt rebuffing his demands for a seat at the big kids’ table. Aoun sat out Saniora’s government and then endured the disappointment of the 2009 elections, which failed to deliver the parliamentary majority he seemed intent on getting. Two years later, he finally gets to play the role of the political heavyweight in a Lebanese cabinet.

A few notes on the new cabinet (via the International Foundation for Electoral Systems, thanks Richard):

It is noteworthy that there are no women in the proposed cabinet. Five Ministers are reappointed to their previous positions. Two Ministers have moved portfolios. While a number of the new members of the cabinet have held ministerial positions in previous cabinets, this cabinet includes a high proportion of new members. Media reports indicate that Talal Arslan has already declined his participation in the Cabinet. In line with the Constitution, (Article 64.2), the proposed Cabinet now has 30 days to prepare and present its proposed Policy Statement to the Chamber of Deputies. If the Policy Statement gains the approval of a majority of the 128 Deputies, the Government will be formed. If not, then the Prime Minister may choose to resign, or may seek to nominate a new Cabinet, or may seek to nominate the same Cabinet but propose a new Policy Statement.

There’s much more to say about this new dynamic which we’ll be exploring here at Qifa Nabki over the next couple days, but in the meantime, here’s the list of ministers (click here for a downloadable copy):

Cabinet line-up:

Prime Minister: Najib Mikati (Sunni)

Deputy Prime Minister: Samir Moqbel (Orthodox)

President’s share:

Interior: Marwan Charbel (Maronite, also considered close to the Free Patriotic Movement)

Environment: Nazem al-Khoury (Maronite)

Prime Minister’s share:

Finance: Mohammad Safadi (Sunni) Moved from Economy

Economy: Nicolas Nahhas (Orthodox)

Education: Hassan Diab (Sunni)

Information: Walid Daouq (Sunni)

State: Ahmad Karami (Sunni)

Change and Reform bloc:

Justice: Shakib Qortbawi (Maronite, Free Patriotic Movement)

Labor: Charbel Nahhas (Catholic, Free Patriotic Movement) Moved from Telecommunications

Tourism: Fadi Abboud (Maronite, Free Patriotic Movement) Reappointed

Energy and Water: Gebran Bassil (Maronite, Free Patriotic Movement) Reappointed

Telecommunications: Nicolas Sehnaoui (Orthodox, Free Patriotic Movement)

Culture: Gaby Layoun (Catholic, Free Patriotic Movement)

Defense: Fayez Ghosn (Orthodox, Marada Movement)

State: Salim Karam (Maronite, Marada Movement)

State: Panos Manajian (Armenian Orthodox, Tashnaq Party)

Industry: Freije Sabounjian (Armenian Orthodox, Tashnaq Party)

Progressive Socialist Party:

Public Works and Transportation: Ghazi Aridi (Druze) Reappointed

Social Affairs: Wael Abu Faour (Druze) Moved from State

The Displaced: Alaeddine Terro (Sunni)

Hezbollah:

Administrative Reform: Mohammad Fneish (Shia) Reappointed

Agriculture: Hussein Hajj Hassan (Shia) Reappointed

Youth and Sports: Faisal Karami (Sunni)

Amal:

Foreign Affairs: Adnan Mansour (Shia)

Public Health: Ali Hassan Khalil (Shia)

Lebanese Democratic Party:

State: Talal Arslan (Druze) [The latest reports say that Arslan is refusing to join the government.]

Independents:

State for Parliament Affairs: Nicolas Fattouch (Catholic)

SSNP:

State: Ali Qanso (Shia, Syrian Social Nationalist Party)

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The following commentary is by a well-informed reader of this blog who goes by the pseudonym “Charles”. He was one of the authors of the excellent Lebanese Political Journal blog (largely defunct since about 2007, but a must-read during the post-Hariri assassination years), and his intervention provides some much-needed context on the larger issues behind the telecoms showdown in Lebanon.

Reader Commentary by “Charles”

It appears that the basic problem is a lack of state accountability. Two oligarchic factions are standing off against one another.

The discussion to privatize Ogero goes back to the days of Prime Minister Rafiq Hariri (and Finance Minister Fouad Siniora) who had the political and economic clout to privatize Ogero and make it his own. From 2003-4, the Syrians severely limited Hariri’s privatizations, which resulted in Moody’s downgrading Lebanon’s bond rating, as the government was not following its own debt restructuring program according to the guidelines set out in Paris II, which included promises to privatize the telecommunications network, the electrical grid, MEA, amongst other things.

Of course, the re-election of Lahoud and the removal of Hariri put everything else on hold, but Hariri’s men remained in their positions in the ministries waiting for their leader to return to power. Omar Karami’s (and Finance Minister Elias Saliba’s) failures alongside Syrian heavy handedness almost guaranteed Hariri’s return to power and a return to privatizations.

When M14 won the 2005 elections and then negotiated Paris III, the privatizations were supposed to continue, but did not because of opposition from Jumblatt, Berri, and Hezbollah, who humiliated Hariri and Siniora by rudely making their opposition to privatization known during the PM and Finance Minister’s meetings in New York and DC (something we saw them do once again to topple Hariri’s gov’t in 2011).

The telecoms privatization continued to fester under Marwan Hamade who, despite his affiliation with the March 14th coalition (M14), also had problems with Abdel Monem Youssef who was still waiting to become the director of the newly privatized Ogero and make his millions. The M14 appointed and affiliated director of the Telecommunications Regulatory Authority (TRA) Kamal Shehadeh had major problems with both Hamade and Youssef.

The transfer of telecoms to Gebran Bassile was a remarkably intelligent move by Michel Aoun. Without a financial power base of his own, Aoun needed a source of wealth to finance his politics, and he went to the same sources of money that finance a huge portion of Lebanese government operating costs: (1) foreign backers; (2) and the government owned telecommunications networks that allow Lebanese to do what we do best: talk on cell phones.

Since then, both specific interests within the Future Movement (not the entire party, and definitely not all of M14) and specific interests within the FPM (not the entire party, and definitely not all of the March 8th coalition [M8]) have determined the debate over telecommunications. This debate went from being nasty under Gebran Bassile to being an all out war under Charbel Nahhas, under whose tenure the esteemed technocratic TRA head Shehadeh resigned in disgust (Shehadeh’s personality and political disposition is remarkably similar to Ziad Baroud).

Hariri/Siniora provide political backing and will reap the profit; Rifi provides enforcement; and Youssef holds the fort. Aoun/Bassile provide the political backing and will reap the profit; Nahhas, OTV, and the ISF Embassy division (this division swears allegiance to the FPM?) provides the enforcement; and Aoun holds the fort through tedious negotiations over cabinet formations.

In the mean time, Hezbollah established their own network, thus by-passing the squabbling over privatizations, making millions (if not billions) using its own telecommunications network, weakened the Lebanese government through depriving it of one of its greatest sources of revenue (receipts from telecommunications traffic), provided cheaper and better communications for its partisans and others, and defending its own interests with its weapons.

Sure, there is espionage stuff going on – which Future, the FPM, Hezbollah, Israel, etc. like to play up because once it is brought up Lebanese brains stop behaving rationally, but its really about who reaps the spoils from the biggest honey pot in the country.

The current squabble is over the privatization of Ogero and the possible creation of a third mobile network. Aoun and Bassile refused to play the Lebanese political game in which they would have made a deal with Hariri and received a cut (Lebanon’s system of creating consensus), and have been trying to take the candy away from Hariri/Youssef for years. Nahhas has been the most effective at dismantling the Hariri/Youssef network, which is why the relationship between the two factions has become so nasty. They don’t understand why Aoun isn’t playing by the corrupt rules of Lebanese politics with them, even though he does with almost every other faction.

Youssef hunkering down created a stalemate to be resolved in the future. Nahhas is trying to resolve the situation now, because…

Enter Najib Miqati, and the situation becomes an emergency for both FM and FPM, which is why they are behaving so badly at this precise moment. The Miqati billions were created through telecommunications. Taha Miqati was a small time construction contractor in Khaleej until he established his satellite communications up link, which created enough profit for the Miqati brothers to make their billions. Their business relationships with the Assad regime (and more specifically with Rami Makhlouf) involve telecommunications.

If Miqati gets the telecoms portfolio in the next government, Hariri will cut a deal and Youssef will get his pay out (and he’s been waiting a long, long time). Aoun and Bassile get screwed. However, Hariri has a much worse hand with which to negotiate if Youssef doesn’t have a full network and doesn’t have a large base of operations that he controls.

Miqati has the political might to privatize the telecoms networks, or at least upgrade them, but he will have to cut deals all around, including with HA, Berri, and Jumblatt. Hariri is in a much better position if Youssef is in a dominant position. Youssef can throw a wrench in the works of any future privatization deal.

Nahhas technically had the right to take his action with the equipment, but the FPM isn’t following the “no victor, no vanquished” consensus model of Lebanese politics. They made it personal, and Future is responding in a surprisingly immature manner given how much they have to lose in this.
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I have tried to resist viewing the current stalemate in Lebanon’s cabinet formation as the product of Syrian meddling. After all, there are  more than enough local obstacles in Lebanon for Syria to bother getting its hands dirty. Some of these obstacles include:

The longer this stalemate continues, however, the more I begin to suspect a Syrian dimension to Aoun’s stalling tactics. When virtually every other member of the March 8 coalition has expressed their support for Najib Miqati and their satisfaction with his efforts to form a cabinet, Aoun is the only one who has consistently put up a fight and threatened to withdraw his support for Miqati’s candidacy (besides, of course, Wi’am Wahhab…)

The question is: why would Syria have an interest in preventing the formation of a government by its own allies in Beirut? The past four months have made Hizbullah, Amal, and the FPM look completely hapless. The only conceivable reason for putting the brakes on would be to spare a “Hizbullah-led” government from being painted as an accomplice to Syria’s crackdown on its protesters.

Let’s imagine that Miqati succeeds in forming the government tomorrow, and let’s also imagine that the protests in Syria escalate over the next several weeks to the point where the regime has to launch a major security operation, killing hundreds more people and sending thousands of refugees (including many opposition activists) streaming across the border. If a March 8 government in Lebanon denies asylum to the Syrian opposition (which is a safe bet), Hizbullah and its allies would become easy targets for March 14th’s media outlets. Saad Hariri and co. would not miss a chance to paint the Lebanese government as an extension of the Assad regime, and this could easily galvanize enormous protests in Lebanon in support of the Syrian people.

That would be a publicity nightmare for Damascus and its Lebanese allies, all of whom came out in strong support of the populist movements in Tunisia, Egypt, and Bahrain.  So perhaps the current state of affairs does indeed have foreign fingerprints all over it. If the cabinet is formed the day after Bashar al-Assad declares victory over the Syrian opposition, we may know for sure…

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In a week from today, Lebanon will have been without a functioning government for three months. That’s not quite as long as the four and a half month stint that the country endured in 2009 following the legislative elections, but it’s still an embarrassingly long delay.

Perhaps the most embarrassing thing about it is the fact that the March 14th coalition has opted to stay out of the next government, giving March 8th (the new majority) free rein to put together a cabinet without having to manage the whims and stalling tactics of its opponents. When Saad al-Hariri set about forming a government in 2009, he had to deal with the demands of his own allies as well as those of Hizbullah, Amal, the Free Patriotic Movement, and Abu Tanjara, who all had something to say about a myriad of contentious issues, from the sanctity of the resistance to the Special Tribunal for Lebanon.

This time around, things should be simpler, right? So what’s taking so long? Inquiring minds (not just my own, but also Nabih Berri’s and Ghazi al-Aridi’s) want to know. There has been much speculation on the various issues that are at stake, but it seems clear that the main obstacle can be summarized as follows:

Two former Lebanese Army generals named Michel want the right to appoint one of their allies to the Interior Ministry. One of the generals represents the largest bloc of MPs in the current parliamentary majority. The other general is the President of the Republic and must sign off on any cabinet lineup for it to be legally approved. Without the bloc leader’s votes, the President would have no cabinet decree to sign. Without the President’s signature, the bloc leader would have no seats in the cabinet.

In other words, you’ve got two equal and diametrically opposed forces bearing down on the same area. What is the result? Stalemate.

As usual, the problem is basically a structural one. The Lebanese Constitution does not provide any elucidation for how to move beyond the current impasse. Aoun is within his rights to demand any portfolio he would like, and President Sleiman is within his rights to accept or refuse any cabinet lineup that is placed before him. Both men are at each other’s mercy. Ironically, however, they are also each at the height of their own powers. Consider the following:

Aoun has never had a better opportunity to shape a cabinet under circumstances as favorable as the current ones, where his bloc represents the senior partner in the parliamentary majority and where the opposition has decided not to join the cabinet. (Given his age and health concerns, he may never get a clearer shot to control the agenda than this one.) Without Aoun, there would be no March 8th cabinet, and if Miqati fails in his efforts, it would be exceedingly difficult for Hizbullah and its allies to appoint anyone else to the job who could pick up where Miqati left off. Aoun knows this, so he is doing what he does best: sticking to his guns and waiting for his opponents (or, as the case may be, his allies) to blink first.

Similarly, Sleiman knows that a Lebanese president is never more powerful than when he is being asked to sign off on a cabinet-forming decree. Almost all of the president’s powers are either ceremonial or revocable. One of the only truly significant things that he can do is to refuse to sign a decree forming a new cabinet. For a nice reflection on the importance of this principle, take a look at the following excerpt from Wikileaks cable  07BEIRUT1724 (which dates back to Nov. 5, 2007, when the US was pushing its March 14th allies to elect a new president with a simple majority.)

The danger is that a compromise over the presidency combined with the “blocking/toppling third” in the cabinet that the pro-Syrians will insist upon puts March 14 in potentially a worse position than it is today, no matter how stellar a good PM’s March 14 credentials might be. The pro-Syrian ministers could not topple Siniora’s cabinet a year ago because they did not have sufficient numbers to do so. In a new cabinet, they are likely to have that third, meaning that they can topple the cabinet at will. This is not an insurmountable problem if the president is March 14: he can work with the parliamentary majority to see that the replacement cabinet is an improvement, without a toppling third given again to the pro-Syrians. But if the president is weak or under Syrian influence, he will likely use his signatory power over the cabinet formation — signatory power that cannot be overridden — to insist again that the pro-Syrians have the toppling third, continuing the cycle of pro-Syrian vetoes over cabinet action… All of this argues, of course, for a credible president committed to March 14 principles as the first step to resolving Lebanon’s political crisis.

In other words, once Sleiman signs that piece of paper, the clock strikes midnight and his carriage turns back into a pumpkin. He has virtually no way to dictate the government’s agenda besides holding out for the best deal he can get right now. What this means, among other things, is that he is probably coming under a great deal of pressure from March 14th (and perhaps also the US ambassador and the Saudis) to continue to play hardball with Aoun.

So why all the fuss over the Interior Ministry? That’s a subject for another post.
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To join or not to join? That is the question that Michael Young and many other Lebanese analysts have been asking, as PM-designate Najib Miqati sets about trying to form a government. Young comes down on the side of Hariri’s participation in the Hizbullah-led March 8th coalition cabinet, but on the condition that March 14th can secure a minority veto.

Meanwhile, today’s editorial at staunchly pro-M14 website Now Lebanon argues in favor of boycotting the Miqati government as a way of staying true to the ideals of majoritarian government:

A majority government is what March 14 wanted after winning the May 2009 parliamentary elections, but it was denied the right after the opposition’s blocking third was imposed upon it. It therefore came as no surprise that what was sold to the people as a national-unity government built on supposed consensus turned out to be a mechanism for governmental inertia.

March 14 must now demonstrate the values it advocated in government as an organized and focused opposition. For to accept to be part of Mikati’s new administration would undermine the coalition’s previous calls for majority rule, to stand or fall according to its performance. It would also highlight the lust for power rather than the desire to create a genuine parliamentary process. And in this way, it will have set itself apart from its political opponents.

Alas, NOW Lebanon’s argument would make more sense if the legislative branch of the Lebanese government was actually empowered to provide oversight over the executive, but that is sadly not the case. As Michel Aoun found out the hard way in 2005, sitting out a government in Lebanon gives you little more than the right to vociferous but anemic protest. There are very few mechanisms in place that permit a principled opposition to also be one that is effective at prosecuting the case against the ruling party in the public sphere.

QN‘s community of highly opinionated political strategists went to town a couple days ago in the comment section of the last post, debating the merits of Hariri’s various options. I recommend you check out the whole thread, but here are some interesting contributions:

(For those of you unfamiliar with the increasing stock of Lebanese political acronyms, here’s  a quick guide to navigating the below comments: M14 = March 14; M8 = March 8; FM = Future Movement; HA = Hizbullah; STL = Special Tribunal for Lebanon; FPM = Free Patriotic Movement; QN = Qifa Nabki)

MM writes:

“1-Future Movement need not participate in this government if M14 is to get a blocking third.

2-Giving the PM (Mikati in this case) the free hand to choose Sunni Ministers works in favor of Hariri in the future.

3- Mikati is being put on the defense and with regards to any political salvation within his community he will have to be an extra stubborn defender of “sunni rights” (if there is such a thing)within the government. I don’t doubt that he will.

4- With regards to the STL, if there is a blocking third to M14 then this third will try to thwart any cancellation attempts of the STL and resign at will when most appropriate.

5- Everybody needs to look ahead to the 2013 elections. We all know that the real electoral battles will be in Christian areas and the biggest prize is the vote of Aounis or quasi Aounis who are with the STL, and they are many. (yes there will be some extra seats up for grabs in the Mountains as well)

6-FM should prop their christian allies in the next government and they should give up any seats allocated to the FM to their Christian allies.

7- FM should stay out of the government and should work on putting its house in order. (A tall and arduous assignment)”

Gabriel says:

“M14 should sit out as opposition. Mikati should be given free reign. Let’s see what he’s made of. Will he follow the path of truth and justice, or will he buckle like a deck of cards.”

Tosk59 writes:

“Your scenarios assume that HA (and M8) actually want a government in place… My thought is that after pulling the plug they ‘leaned’ on enough folks (Jumblatt) to deny M14 a majority and the ability to get their PM and govt. This means that M8 has a majority, and they put forward a PM candidate to prove it, but will NOT form a govt. They will spend the next several weeks and months talking a lot about a unity government, but making it as difficult for Hariri as possible, and counting on him to not go along with it. However, they will refrain from setting up a M8-only version.

Essentially, the name of the game *right now* is to temporize and buy time, pending the STL indictments being made public (and then seeing how it pans out). Rather than a M14 govt backing the STL, or a M8 govt against the STL (but not credible), best for them right now would be NO government. Clearly this is not tenable for the long haul, but HA is in a tough spot and buying time is the best they can do *right now*…”

S writes:

“QN, There is a third option that you missed. If Future does not join the government (or even if it does), Hizballah can remain outside of it by choosing not to have any ministers in the government, and thus technically remaining in the opposition. They have already announced that they will not take part, and I wonder if this means zero cabinets for them. In many ways though, I think many people will then call this a puppet government with the Hizb effectively controlling it from the outside. But this would be one way to keep Future in check and also to answer your question of how to minimize Future’s effectiveness as an opposition. Mikati has suggested a government of technocrats. That’s another option.”

David writes:

“For lots of reasons, everyone wants to make this about HA’s encounter with “national politics,” but just as interesting (and just as vexing for the concerned party) is that of Hariri, Jr.’s. Can HA as we know it survive leading a governing coalition: possibly not. Can Sheikh Saad survive being outside the government: possibly not.

What we have now is a weakening of both positions: Hariri is now even more dependent on his “foreign support” and HA is now even more dependent on their Lebanese and Syrian allies. Does this relative and respective weakening make them more amenable to a coming deal? Probably. Will some Lebanese get killed in the process? Hopefully not.

Was there a deal? Is there a deal? Who knows, who cares. The real crisis point remains where “they” always prefer it: in the near distance. And really that’s the thing about inevitability: it’s always around the next corner.”

J. Estiphan writes:

“I think what is most likely to happen is that the Future Bloc/Lebanese Forces “March 14″ will be a Loyal Opposition, and a constructive Opposition with a coherent programme. They can have influence on individual laws and in the committees of Parliament and just by helping to frame the debate ahead of the 2013 elections. It could be the start of something closer to a two party alternate governing arrangement.”

New-at-posting writes:

“In terms of Hizbullah’s political strategy, there is another option that hasn’t been considered in the post above: allow M14 a blocking third in the cabinet but focus on corruption & false witnesses, rather than pulling out of the STL. It’s possible that they no longer have an interest in the government pulling out of the STL; perhaps that is part of the “before/after the indictment” difference. In a recent speech, SHN mentioned the false witnesses issue, corruption and “conspiracy against the Resistance” as issues the opposition won’t be silent about; he’s also made a separation between the two tracks of gov’t & STL. “Conspiracy against the Resistance” is certainly vague, but it does leave open the possibility that they’ve moved on to a new phase in which getting the gov’t to pull out of the STL doesn’t matter. Maybe an investigation into the false witnesses will do enough to discredit the STL… So maybe that’s the end-game (for now)? If the M8 government focuses on corruption and false witnesses, does M14 really have a good reason to bring down the government?”

UPDATE:

Mickanthrope’s comment on this thread was too good not to post up here:

“1. Mikati will assemble a consensus cabinet, in which neither Hizbullah nor FM are represented. Today, Mikati emphasized his “technocratic” approach. This cabinet will consolidate the Opposition’s victory in the battle since 2005 on whether government should be governed by consensus or majoritarian decision-making. They won this as a concession to return to the government after the first walk-out (with the promise that decisions will be made by consensus not majority vote). Then, at Doha, won this again with the formation of the new cabinet (ensuring a blocking third). Then, after with the formation of the government 6 months after the elections, they consolidated this formation. To their credit, both M14 and the opposition have stood by their principled positions: M14 for majoritarian government; opposition for consensus. My prediction: Opposition will prove its position on consensus government by allowing a technocratic cabinet in which (and I agree here with S) there are no Hizbullah ministers (thus taking the wind out of the sails of those who would raise concerns about a Hizbullah-dominated cabinet); FM of M14 will prove its stance on majoritarian, but the rest will opt-in (since a majoritarian stance only favors Sunnis in confessional calculations). The formation of a consensus cabinet of technocrats of the various confessions (rather than zaims) will settle the dispute about the cabinet left unresolved by the ambiguous language of Taif. I also agree with “New to Posting” that this cabinet would address “false witness” etc rather than pulling out of STL.

2. Even with a technocratic consensus cabinet, we might still see clashes in the coming weeks:

A. February 10 GLC strike. Previous clashes (in Jan 2007 and May 2008) coincided with GLC strikes. The relationship between the opposition and the GLC (which offers power of the street) has been recognized by M14 to the extent that Harb and other M14 politicians have sought to shift the leadership of the GLC and generate competing commissions.

B. Feb 14. After the day of rage, this will likely involve street actions. Moreover, if FM sees the cabinet moving forward without them, this will increase the “rage” factor.

C. Nasrallah specifically de-linked cabinet negotiations with response to the indictments and the STL. If the indictments are leaked around that time, then this could be an epic conflagration. If I were very cynical and conspiratorial (which I am sometimes), I would suggest that if the cabinet appears to be going in a direction that consolidates Hizbullah power (formally or informally), the indictments could be leaked opportunistically to instigate street action that would discredit Hizbullah and take the wind out of the sails of a new cabinet that M14 does not dominate. Right now, the US seems to be taking a “wait and see” attitude toward Mikati (til the cabinet is formed, presumably). Hariri seems to be playing hardball–indeed far harder than his hand seems to warrant. Why would be be doing so if he were not receiving reassurance that he would be backed?”

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The political story in Lebanon is changing so quickly that I’m loathe to forecast how things are going to play out over the next couple of weeks. A few quick thoughts, though, on the calculations of the various players and the choices they face:

1. Tables are turned

Lebanon’s Sunnis are calling for a “day of rage”, but  it’s more apt to call it a day of deep hypocrisy and cynicism. Consider the following:

  • In 2005, after winning a majority in the elections, the March 14th coalition wanted to nominate a Shiite Speaker of Parliament other than Nabih Berri. The main Shiite parties, Hizbullah and Amal, made a big fuss over this and claimed that such a move would violate that infamously vague clause of the Lebanese Constitution (Preamble, j), which states that “there shall be no constitutional legitimacy for any authority which contradicts the pact of communal existence.” March 14th acquiesced and appointed Berri.
  • In 2006, Hizbullah and Amal withdrew from the Siniora government and then called it illegal and unconstitutional because of the lack of Shiite participation. Speaker Berri then refused to allow Parliament to convene for over a year and a half, so as to prevent the body from ratifying the Lebanese government’s cooperation agreement with the UN Special Tribunal (later passed via Chapter VII), and voting on Emile Lahoud’s presidential successor. (I recommend reading Gary Gambill’s superb discussion of the 2006 constitutional crisis for more background on this issue.)

So, these two parties — Hizbullah and Amal — have played the “consensual democracy” card to the hilt over the past six years, using its logic to demand executive appointments, block legislation, and, eventually, bring down Hariri’s government. And yet, today, these same parties are the ones acting like the fish-out-of-water majoritarians whom they accused March 14′s leaders of being between 2005-09.

Meanwhile, March 14th supporters are calling for a day of Sunni rage, burning cars, and rioting in the streets, while the West threatens Hizbullah to respect Lebanon’s pact of communal coexistence. How d’ya like them apples?

2. Consensual vs. majoritarian democracy

While I sympathize with those who chafe at the hypocrisy of March 8th’s newfound majoritarian impulses, I strongly support the democratic principle that legitimizes Hizbullah’s current move. The March 8th coalition is now Lebanon’s parliamentary majority. They should have the right to bring down this government and form their own. Governments fall all the time, all around the world. This should be able to happen in Lebanon without sparking sectarian protests.

On a slightly more abstract note, I found myself wondering today (as I did back during the 2006-08 constitutional crisis), what effect the majority coalition’s pro-democracy rhetoric would have on Lebanon’s political culture in the long term. The fact that we’ve seen both sides of the political divide appealing to a majoritarian logic within the space of six years seems significant to me. No?

Obviously, what I would like to see happen is for this new method of choosing prime ministers (and speakers) to be enshrined in the Constitution, such that we don’t keep flip-flopping between consensual and majoritarian procedures every other year. A precedent has been set. Let’s stick with it. But you can bet that won’t happen.

3. Another desperate move?

Setting aside the cynicism of Hizbullah’s political strategy, I continue to think that it’s somewhat desperate and uncharacteristically short-sighted. What has Hizbullah really achieved by replacing Hariri with Miqati? The Daily Star (now owned by Hariri, fyi), argues vociferously against Miqati’s candidacy today in its editorial, on the basis that he is not a consensus candidate and that he would have had to agree to March 8th’s conditions with regard to the Tribunal before being nominated.

But even if Miqati did agree to doing the opposition’s (excuse me, “the new majority’s”) bidding, isn’t it obvious that he can’t end Lebanon’s cooperation with the STL on his own? He needs the cabinet to vote on it. And since both he and Nasrallah are currently calling for a national unity government, the Miqati government would effectively be hamstrung by the same conditions that Hariri’s was, and so any move to withdraw the Lebanese judges from the court, stop financing, and abrogate the cooperation agreement could be torpedoed by Hariri’s coalition. The only way that Hizbullah and its allies could ram through their agenda on the STL would be by either:

  1. denying March 14th a blocking third in the cabinet, which would be the biggest act of chutzpah I’ve seen since… well, since Hizbullah appointed a Sunni PM other than Hariri;
  2. counting on the fact that Hariri would refuse to join their government, thus giving March 8th leeway to do whatever they wanted.

The first option is highly unlikely; the second is deeply unsatisfactory, as it will simply re-energize Hariri’s base in Lebanon, and make Hizbullah look like it is willing to contravene every principle, custom, and precedent of Lebanese consociationalism in order to suffocate the STL. And it wouldn’t work! That’s what so desperate and puzzling about this whole strategy. The court has been set in motion. The evidence is going to be made public sooner or later. It’s just that it will now come out with an angry Sunni audience in Lebanon led by a politician who has less to gain than ever from playing by Hizbullah’s rules. Had they tried to find a way to put Humpty-Dumpty back together again, they could have at least made Hariri do the talking when Lebanon got around to formally denouncing the STL indictments. Now it will have to be Miqati, who has already been branded as a Hizbullah puppet. (That’s too bad, because I think he’s actually light years more competent and a better fit to be PM than Hariri will ever be.)

What would you do if you were in Hariri’s shoes? Join the government and play the role of spoiler (as Hizbullah/FPM have done since 2008)? Or stay out of the government, hoping that March 8th will fall on its sword before the 2013 elections? The floor is open.

PS: Andrew Exum has a very interesting piece on where Israel fits into this picture.

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I’ll have a fuller discussion of the political situation at Foreign Policy‘s Mideast channel later today. In the meantime, here are some brief updates and links to good pieces of commentary and analysis.

President Michel Suleiman has said that he will begin consultations to select a new Prime Minister on Monday. Hizbullah MP Mohammed Raad has already thrown down the gauntlet, as it were, by saying that Hizbullah will be pushing for a premier with a pro-resistance record (figures such as Salim al-Hoss and Omar Karami come to mind, although it is unlikely that they would cross Hariri in this instance.) Have a look here at the Orange Room’s amusing discussion of potential March 8 prime ministers.

The consultations will obviously be complicated by the issue of where Jumblatt decides to hang his hat. Because of Jumblatt’s defection from March 14th, Hariri only has 60 MPs in Parliament, which falls short of a 65-vote majority. This does not mean that Jumblatt will line up with the opposition, but he may elect to play some kind of a mediating role: supporting Hariri while going along with some of the opposition’s conditions.

Here are some links to further reading material (these will be updated throughout the day):

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