Credo in form of a decalogue (changes I believe in)
Posted by worriedlebanese on 15/07/2010
Some people have very rightly said that my approach to “Laïque Pride” (among other things) is too negative and that instead of simply criticising, I should be presenting some alternatives. So I took two hours to think about it and came up with this decalogue.
1. I believe that we should pressure the parliament into establishing the “communauté de droit commun” that was recognised in the 1930s!!!! And allow it to have its own institutions and its own laws in matters of mariage and inheritance, and also its own courts. In other words Create a democratic and liberal “op out” mechanism to communal membership.
2. I personally think the Lebanese state should stop financing the muslim clergy and the muslim courts, because it is discriminatory towards non-muslims and it contradicts the principle of separation between religion and state. In other words Enforce the principle of separation between State and Religion.
3. I also believe that the civil inheritance law that applies to Christians should be abolished because it is patriarchal and discriminatory. I believe Christians should be allowed to have their own inheritance laws (the catholic inheritance law for instance is more liberal than the secular Lebanese inheritance law), just like Muslims do… In other words: Enforce the principle of equality between communities.
4. I believe that the “clergy” has the right to express its political opinion, like all other citizens do. And that we have the right (and the duty) to criticize it when we don’t agree with it. However, the Muslim “clergy” BY LAW doesn’t have the right to express political views because it holds the status of “state agent”. If it wants to benefit from this right, it should set itself free from the state. In other words Enforce the principles of rule of law.
5. I also believe that people who belong to a community should pay a specific tax for this community (like in Germany) in order to to finance each community’s institutions (courts and non-clerical representative institutions) and give it the means to have a properly trained personnel (most importantly judges)! And where there are taxes, there’s accountability! In other words Guarantee a greater autonomy to communities.
6. I also believe that pressure should be made on state courts to reinterpret Law 534 of our criminal law that doesn’t mention homosexuality but speaks of sexual relations that are “contradicting the laws of nature”… I believe this sentence’s interpretation should be restricted to bestiality… and not include adultery, homosexuality and what have you: In other words “upgrade” Personal Freedom to international standards.
7. I also believe that there should be NO censorship. And that the censorship board should be replaced by a rating board (like in the US). I believe freedom of opinion and information should be guaranteed. For this we need a new legislation and excerpt a lot of pressure on our political class (that controls the media and restricts the creation of new media). In other words “upgrade” Freedom of Expression to international standards.
8. I believe that military courts should not be allowed to try civilians. And that even soliders should be given the right to oppose a military court’s ruling by bringing the case to a higher civil court (Constitutional court, Court of cassation, Council of State or preferably a common supreme court that replaces them). In other words Extend the principle of Due Process.
9. I believe that the history of communities should be taught in schools because people are extremely ignorant about these things and they replace their lack of knowledge with prejudice. Our students should learn about communal persecutions, conversions, liberal and conservative religious movements… They should learn about the dhimmi laws, and that they were not always applied. They should learn about religious extremism (how Syriac and Protestant converts were persecuted by the Maronite church, how Chrisitans, and non orthodox Muslims were persecuted by the Mamlouk, how the Eastern Catholic churches were latinised by Rome and missionaries, how the Oriental Orthodox clergy were discriminated against by the Greeks (and how the Arab speaking orthodox clergy revolted in the 19th century, how the Iranian clergy and schools changed the Lebanese Shiites religious practice, what sunni religious reformers proposed in the 19th century… In other words, Replace prejudice and ignorance with knowledge.
10. I believe that the confessional system can be reformed… But this reform should keep in mind the basic principles on which this system is based: inclusiveness and diversity. That’s why all recognised communities should have a representative in Parliament! Today, the rule applies only to 11 communities out of the 17 established communities (the “communauté de droit commun” just like the Ismaeli community is recognised but not established, once it is established it will become the 18th community). Moreover, we should have a law that sets a procedure for the recognition of other religious communities (the Czech law is quite a good one). I also believe that there are competent people in all communities and that “confessionalism” shouldn’t be an excuse to choose the most corrupt or the least competent of them, or an excuse to strengthen the power of patrons over people who belong to their community (within the state and outside it). In other words, Enforce the principles of Inclusiveness and Diversity inherent in Confessionalism.
When are we going to start doing something about these issues instead of parroting an almost centennial discourse that is produced and manipulated by politicians and that leads to nowhere?