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International Journal of Public Administration

ISSN: 0190-0692 (Print) 1532-4265 (Online) Journal homepage: http://www.tandfonline.com/loi/lpad20

A Challenging State of Affairs: Public


Administration in the Republic of Lebanon

Thomas W. Haase

To cite this article: Thomas W. Haase (2017): A Challenging State of Affairs: Public
Administration in the Republic of Lebanon, International Journal of Public Administration, DOI:
10.1080/01900692.2017.1387148

To link to this article: https://doi.org/10.1080/01900692.2017.1387148

Published online: 27 Oct 2017.

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INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION
https://doi.org/10.1080/01900692.2017.1387148

A Challenging State of Affairs: Public Administration in the Republic of Lebanon


Thomas W. Haase
Department of Political Science, Sam Houston State University, Huntsville, Texas, USA

ABSTRACT KEYWORDS
This article highlights Lebanon’s administrative challenges and reform efforts, since the end of its Administrative reform;
Civil War (1975–1990). In recent years, Lebanon and international donors have worked to improve bureaucracy; Lebanon;
transparency, promote modern management techniques, and encourage the use of information Middle East; public
administration
technology throughout the public sector. Despite these efforts, Lebanon’s public institutions
remain constrained by the centralization of power, corruption, outdated bureaucratic structures,
and deficiencies in administrative knowledge. The success of future reform efforts will depend on
whether the Lebanese bureaucracy can overcome the challenges created by regional political
tensions, its Syrian refugee crisis, and an increasingly indifferent Lebanese public.

Introduction budgeting processes, e-government strategies, and pub-


lic sector ethics. The article concludes with a brief dis-
As the nineteenth century drew to a close, Wilson (1887,
cussion of the threats and opportunities that may affect
p. 200) suggested, “it is getting to be harder to run a
Lebanon's bureaucratic institutions.
constitution than to frame one.” The sentiment behind
Wilson’s observation about the challenges of governance
and public administration is especially relevant for Arab Socio-economic background
countries. This is because many Arab countries have
Lebanon is a country with a diverse population about
Western influenced administrative institutions that inter-
which little is known with any certainty. The last official
face with non-Western cultural patterns, social structures,
census was conducted by the French Mandate in 1932
and individual behaviors (Jreisat, 2002, p. 129).
(Maktabi, 1999). There is data, however, that provide
The conventional wisdom is that Arab countries face a
insights into Lebanon’s demographic and economic
variety of administrative challenges: underproductive pub-
situation. Demographically, Lebanon’s population was
lic organizations, a lack of skilled public managers, exces-
estimated to be 5.6 million in 2014 (World Bank, 2016a).
sive centralization, widespread corruption, and outdated
This population is divided along religious lines, as
political and administrative structures (Jreisat, 2002,
approximately 54% are Muslim - Sunni (27%) and Shia
p. 132). Despite Jreisat’s pessimism, many efforts have
(27%) - and 40.5% are Christian (Central Intelligence
been undertaken to strengthen the public bureaucracies
Agency, 2016). Furthermore, in 2014, the life expectancy
of many Arab countries (Antoun, 2007; OECD, 2010).
for an average Lebanese citizen was estimated to be 79.34
This article reviews the state of public administration
years at birth (World Bank, 2016a). Economically,
in the Republic of Lebanon. While such a review is
Lebanon is considered to have a robust economy,
constrained by a lack of publically available data, a less
which is driven by the private sector. In 2014,
than transparent government, and a deficit of scholarly
Lebanon’s Gross Domestic Product (GDP) totaled $US
research, the goal is to highlight some of the themes and
45.7 billion, an increase of 3.1% over the previous year.
reforms that have emerged in Lebanon, since the end of
Although GDP increased to $US 47.5 billion in 2016,
the Lebanese Civil War (1975–1990). Following a review
Lebanon’s economic growth has been tempered by its
of Lebanon’s contextual background, this article exam-
public debt. According to the World Bank (2016b),
ines the relationships that exist between the state, civil
Lebanon’s “Public debt (as a ratio to GDP) continued
society, and the economic markets. The focus then shifts
to rise (157.5% of GDP at end-2016), due to low growth
to Lebanon’s governmental institutions, particularly the
and a relatively high cost of debt financing.”
country’s legal structures, civil service arrangements,

CONTACT Thomas W. Haase twh024@shsu.edu, Department of Political Science Humanities and Social Sciences Building Sam Houston State
University 1901 Avenue I, Box 2149 Huntsville, Texas 77341-2149, USA.
© 2017 Taylor & Francis Group, LLC
2 T. W. HAASE

Over the last several years, Lebanon has also experi- and corruption (Antoun, 2007; Atzili, 2010; el-Saad,
enced the consequences of the Syrian Civil War. The 2001; El-Zein & Holly Sims, 2004). Second, the
United Nations estimates that 13.5 million Syrians have bureaucracy is highly centralized and unresponsive
been disrupted by the conflict (UNOCHA, 2016). to the needs of citizens, especially those from lower
According to the UN High Commission for Refugees socio-economic communities. (AbouAssi et al., 2013;
(UNHCR, 2016), more than 1.03 million Syrians were el-Saad, 2001). Third, the bureaucracy suffers from
registered in Lebanon, which has placed additional pres- the lack of strategic management and information
sures on Lebanon’s political and economic institutions. technology, and does not have the capacity to
The refugee crisis is expected to increase the incidence of support policy-making and planning (Office of the
poverty and widen income inequality throughout Lebanon. Minster of State for Administrative Reform
(OMSAR), 2011).
Societal governance and public administration
Public sector scope and size
Founded as a parliamentary democracy, Lebanon’s
political power is shared amongst the countries’ reli- The scope and size of Lebanon’s public sector has varied
gious communities (confessionalism) (El-Zein & Holly over the years (Salamey, 2014). At present, the public
Sims, 2004; Hasbani, 2011; Safa, 2010; Youngblood sector addresses issues related to defense, telecommuni-
Coleman, 2015). This arrangement has led to the estab- cations, agriculture, public works and transport, tour-
lishment of political parties that reflect the population’s ism, finance, social affairs, environment, youth and
political ideologies and religious beliefs (Salamey, 2014; sports, labor, justice, economy and trade, and education.
Youngblood Coleman, 2015). Lebanon’s political par- However, the public sector’s capacity to adopt public
ties are not for purposes of political participation policies that address these issue areas is limited (Harb
(Antoun, 2008). Rather, they are used by sectarian elites & Atallah, 2015). In addition, public corruption and
to gain access to political institutions and wield power inefficiencies create service delivery gaps, which are
over their constituents (Youngblood Coleman, 2015). often filled by private and civil society organizations
Lebanon’s political system has been described as dys- (Harb & Atallah, 2015; Leenders, 2012).
functional (Antoun, 2008; Makdisi, Kiwan, & Give the size of its population, Lebanon is consid-
Marktanner, 2011; Salamey, 2014). This dysfunctionality ered to have a large public sector. (Antoun, 2007; el-
exists because the country’s power-sharing scheme has Saad, 2001; Habib, 2005; World Bank, 2005a, 2005b).
enabled political parties to advance their interests through According to Antoun (2007), the size of the public
the establishment of clientelistic relationships between sector expanded to more than 180,000 employees dur-
leaders and citizens (Makdisi et al., 2011). Consequently, ing the Civil War (1975-1990). Since the end of the
Lebanon’s political system does not create space for citi- Civil War, the number of public sector employees
zen participation in the decision-making process, as the appears to have increased. Although reliable data is
interests of sectarian groups and their political parties difficult to secure, estimates suggest that the govern-
supersedes the people’s demands (Safa, 2010). ment employs between 220,000 and 230,000 people
Lebanon’s administrative structures are also influ- (Chaaban, 2013; World Bank, 2005b).
enced by deeply engrained political and cultural cus-
toms, as well as a history of foreign domination,
Informing values
particularly by the Ottoman and French authorities
(AbouAssi, Nabatchi, & Antoun, 2013). Lebanon’s con- The Lebanese Civil War had a large impact on the
temporary bureaucratic structures were the outcome of country. The conflict disrupted public services,
the National Pact of 1943, which reinforced the role of destroyed infrastructure, and transformed government
sectarianism within public institutions. As a result, the institutions into vessels for political parties and militias
bureaucracy is a sectarian establishment that represents (Adwan, 2004; Antoun, 2008; El-Zein & Holly Sims,
Lebanon’s many religious and ethnic groups (Kisirwani 2004; Mehanna, 1993). Moreover, the conflict enabled
& Parle, 1987). sectarianism to permeate Lebanese social and political
Lebanon’s administrative system has also been life, which has undermined attempts to foster national
described as problematic (AbouAssi et al., 2013; unity and social cohesion. Although the violence has
Kisirwani & Parle, 1987; OMSAR, 2011; Wickberg, ceased, Ghosn & Khoury (2011) note that Lebanon’s
2015). Governance problems are visible in three political situation continues to be tenuous.
ways. First, the system is prone to sectarian influence The Civil War also undermined the relationship
and practices that encourage nepotism, patronage, between Lebanese citizens and their state institutions. In
INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION 3

the simplest of terms, many Lebanese are dissatisfied and Nongovernmental organizations
mistrustful of the government’s performance (Antoun,
The relationship between the government and civil
2008; Hasbani, 2011). Although the reasons for the dis-
society has evolved over the years. During the Civil
satisfaction and lack of trust are complex, Lebanon’s
War, NGOs would often replace government institu-
government institutions are considered by many to be
tions as the primary provider of social services. In this
non-responsive to the interests of the general public, and
capacity, NGOs gained social recognition and legiti-
more importantly, unable to provide its citizens with basic
macy. After the Civil War, and driven by Syria’s invol-
public goods and services (Atzili, 2010).
vement in Lebanon’s internal affairs, the Lebanese
While Lebanon’s governments have long recognized
government began to interfere in the affairs of NGOs.
the need for administrative reform, efforts to improve
After Syria’s withdrawal from Lebanon in 2005, NGOs
the bureaucracy have often fallen short (AbuKhalil,
obtained some freedom from government intervention.
1989; D’Aspremont, 2011; Kingston, 2013). Early
Consequently, NGOs began to fill the voids created by
attempts at administrative reform were disrupted by
political institutions paralyzed by domestic instabilities.
the instabilities caused by the outbreak and aftermath
The precise number of domestic and international
of the Civil War. After the Civil War, the government
NGOs in Lebanon is unknown (El-Husseini, Salamon,
reinitiated efforts to reform the bureaucracy (Antoun,
& Toepler, 2004; Gebara, 2007; Joseph, 2010). According
2007). One area targeted for reform was the public
to a study conducted by Bennet (1995), there were
budgeting and financial processes. The Ministry of
between 4,000 and 13,000 NGOs in Lebanon after the
Finance was reorganized and supported through
Civil War. In recent years, studies have suggested that
investments in information technology and human
there are between 4,000 and 6,000 NGOs registered with
capital. In addition, the government established the
the government (Altan-Olcay & Icduygu, 2012; Chaaban
Office of the Minister of State for Administrative
& Seyfert, 2012; Kingston, 2013; MOSA, 2009).
Reform (OMSAR), with the support of the United
Throughout Lebanon, NGOs provide a variety of goods
Nations in 1994 (El-Zein & Holly Sims, 2004).
and services and work to protect family and communal
Charged with the responsibility to oversee the devel-
interests, deliver social services, protect those displaced
opment of the bureaucracy, the OMSAR participated in
by domestic and regional conflict, and organize social
an inter-ministerial committee that identified five public
movements that pressure the government to undertake
sector issues that needed attention: employee compensa-
political and institutional reforms.
tion, job descriptions and classifications, the reorganiza-
tion of administrative structures, the development of
performance evaluation processes, and the simplifica- Ombudsman
tion of laws and procedures (El-Zein & Holly Sims,
2004). Although the OMSAR has spent decades working The Lebanese government adopted an Ombudsman Law
on these issues, Lebanon’s public sector reforms have in 2005; however, this law has yet to be implemented
been hindered by several problems: the lack of long-term (Safa, 2010). Prior to the adoption of the Ombudsman
planning, excessive centralization, ineffective program Law, the Citizen’s Complaint Office investigated and
implementation, inadequate human resources, the lack addressed matters of public concern. The Office received
of monitoring and accountability, the lack of informa- public complaints, referred them to the appropriate
tion technology, inadequate facilities, and the lack of office, and followed up on their resolution (President
political support (Office of the Minster of State for of the Republic of Lebanon, 2016). According to Safa
Administrative Reform (OMSAR), 2011). (2010, p. 349), the activities of the Citizen’s Complaint
Office have been called into question. As a result, NGOs
often operate as the informal interface between
The state and civil society Lebanon’s citizens and their governmental institutions.
The regulatory framework that governs Lebanese civil
society was enacted by the Ottoman Empire as the 1909
Significant civil society reforms in the last decade
Law on Associations (Elbayar, 2005; Joseph, 2010). This
law was, and continues to be, one of the most liberal Lebanon’s NGOs are well positioned to facilitate social
civil society frameworks in the Middle East (Abdel and political change (Karam, 2008; Karam & Catusse,
Samad, 2007). Consequently, Lebanon witnessed the 2009; Kingston, 2013; UNESCWA, 2010). Nevertheless,
emergence of a dynamic community of social activists they encounter structural and organizational challenges
and non-governmental organizations (NGOs), known that influence their mission and affect their ability to
formally as associations. implement their programs. These challenges exist
4 T. W. HAASE

because the 1909 Law on Associations is archaic and The government renewed its privatization efforts in
inadequate for the regulation of civil society in the 2007, under pressure from the international donor
twenty-first century (Traboulsi, 2000, p. 3). This legis- community during the Paris III Conference.1 In
lative inadequacy has enabled the government to exert exchange for $US 7.5 billion in reconstruction and
authority over NGOs (Makary, 2007, pp. 87–90). While development assistance, Lebanon agreed to adopt
attempts to reform this legal framework have not reforms that would promote economic stability and
occurred, the Minister of the Interior and reduce the national debt (Youngblood Coleman, 2015,
Municipalities has ended administrative practices that p. 184). As a result, a compromise was reached, which
had undermined the implementation of the law. In led to the contracting out of two state-owned telecom-
taking this step, the Lebanese government has reduced munications networks to the private sector. Despite
the extent to which it interferes with the establishment more than a decade of initiatives, Lebanon’s aspirations
of domestic civil society organizations. for privatization have yet to be realized.

The state and the marketplace Regulation


The Lebanese government has pursued a policy of Lebanon’s regulatory structures are complicated, and in
minimal intervention in the economy, resulting in the many sectors, plagued by implementation and enforce-
development of a robust private sector. According to ment problems. The most regulated part of Lebanon’s
the Ministry of Finance (2014a, p. 22), Lebanon’s pri- economy is the banking and financial service sector. This
vate sector contributes “approximately 88% to national sector is managed by the Bank of Lebanon, under the
expenditure, and includes activities such as agriculture, supervision of the Banking Control Commission. Given
manufacturing, construction, commercial trade and the role of banking and finance in the Lebanese economy,
tourism, in addition to services such as financial ser- these regulations are rigorously enforced to ensure that
vices, hotels and restaurants, information and commu- the sector adheres to global best practices. In contrast,
nication services, and consulting and professional regulations related to the environment, food safety, and
services.” While the private sector is driven by open zoning are often vague and weakly enforced. The lack of
competition, the economy is constrained by nepotism, implementation and enforcement is often due to limita-
corruption, and infrastructure problems. tions of administrative capacity, and to problems related
to political tensions, corruption, patronage and nepotism.
Marketization and privatization
Significant market reforms in the last decade
Given the nature of Lebanon’s economy, discussions
about economic reform have focused on questions of In recent years, the HCP has shifted its focus from
privatization. These discussions are driven by the need privatization towards Public-Private Partnerships
to improve the performance of state-owned enterprises (PPPs) (Gavin, 2012, p. 34). In 2010, the HCP drafted
(for examples, see Blominvest Bank, 2015, p. 13). In PPP legislation, which was sent to the Council of
2000, the government adopted a regulatory framework Ministers for consideration. This draft legislation
for privatization (Law 228 of 2000), which established a gave the HCP the authority to establish PPPs in the
ministerial-level committee—the Higher Council for energy, transportation, education, and health care sec-
Privatization (HCP)—to oversee the implementation tors. It also defined the role that PPP institutions
of this framework (Ministry of Finance, 2014a, p. 24). would play in the economy, as well as the processes
The government then took steps to privatize state- that would be used to develop PPP projects. While the
owned enterprises. HCP argues that PPPs can help to develop Lebanon’s
In 2002, the government adopted the infrastructure and economy, the draft legislation
Telecommunications Law (Law 431 of 2002), which remains unapproved.
established rules for the privatization of the state-
owned mobile telecommunications enterprises. The
The governance structure
government also established the legal foundations (Law
462 of 2002) for the transfer of the ownership and/or Lebanon is governed by three overlapping politico–
management of the state-owned electric utility enter- administrative structures (Republic of Lebanon, 1926).
prise to the private sector. These privatization efforts The most substantial of these structures is the national
would be disrupted by the assassination of Prime government, although regional governments and muni-
Minister Rafik Hariri and the 2006 Lebanon War. cipal governments manage the rest of Lebanon’s
INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION 5

territory. Power and authority in Lebanon; however, is Government. In this capacity, the Prime Minister executes
highly centralized in the national government. policy directives promulgated by the Council of Ministers.
The third actor is the Council of Ministers, which sets the
government’s general policy and supervises the execution
National government
of laws and regulations. The decisions reached by the
Lebanon’s national government is divided into three Council of Ministers are usually reached by consensus.
branches: the legislative, executive, and the judicial
branches. Judicial branch
Article 20 of Lebanon’s Constitution states that judicial
Legislative branch power “shall be exercised by courts of various degrees
The national legislative power is vested in a unicameral and jurisdictions” (Republic of Lebanon, 2016).
Parliament—the Chamber of Deputies. The Chamber According to Mansour and Daoud (2010), the civil
has 128 members, who are elected for a four-year term. court system is organized by territory into three juris-
At present, the Chamber’s seats are distributed equally dictional levels: the Courts of First Instance; the Courts
between the Christians and Muslims. Within these com- of Appeal; and the Court of Cassation (the court of
munities, the seats are further distributed proportionally final appeals). The criminal court system is organized
amongst confessional groups and geographic regions into two courts: those that adjudicate misdemeanors
(Constitution, Article 24). Following the collapse of a and those that adjudicate serious crimes. Finally, the
unity government in 2011, Lebanon’s national govern- State Consultative Council addresses administrative
ment became paralyzed by disputes about how to reform matters, provides the executive branch opinions about
the country’s electoral laws. administrative matters, and adjudicates disputes
The Chamber of Deputies and the Council of Minister between “the State, legal persons of public law and
can both initiate the legislative process by the submission of individuals” (Mansour & Daoud, 2010, p. 14).
draft legislation or other proposals to the Parliamentary Lebanon’s judicial system is also comprised of reli-
Bureau (UNDESA, 2004b). The Speaker of the Chamber gious courts. The Ecclesiastical Courts, while not a
then directs these submissions to the appropriate commit- unified system, address matters related to Catholic or
tee. After submissions are reviewed, the committee will Orthodox rights, and handles issues related to mar-
submit a report to the Chamber, where the matter is placed riage, divorce, and the custody of children. Likewise,
on the agenda. If the matter is not returned to the commit- the Shari’a Courts represent specific Muslim commu-
tee, the Chamber will vote on the proposed submission. If nities, particularly the Sunni, Shi’a and Druze sects, and
the Chamber ratifies the submission, it is transferred to the are organized into Courts of First Instance and Courts
President for consideration. If the law is signed, it becomes of Appeal (Mansour & Daoud, 2010).
promulgated and is published in the Official Gazette. The The autonomy of the religious courts often comes into
President can effectively veto the legislation by returning it conflict with state sovereignty. This is because the judges
to the Chamber for further consideration. The Chamber that serve in these courts are religious officials that abide
can overturn the veto by reapproving the legislation by by religious doctrine. For example, Ecclesiastical judges
absolute majority vote. have their salaries paid by their respective communities
(Mansour & Daoud, 2010, p. 15). In contrast, the Shari’a
Executive branch Courts are considered part of the state.
Lebanon’s political officials are apportioned on a confes-
sional basis and distributed amongst Lebanon’s Christian
Regional government
and Muslim communities. According to Article 24 of the
Lebanese Constitution, the President must be Maronite Lebanon’s territory is organized into two politico-
Christian, the Prime Minister must be Sunni Muslim, and administrative structures. The first structure is provin-
the Speaker of Parliament must be Shi’a Muslim. These cial—Muhafazat—, of which there are six, all controlled
legal structures were upheld by the Ta’if Accord, which by the central government (Antoun, 1995). The
ended the Civil War and shifted the confessional apportion- Muhafazat resemble governorates, and are sub-divided
ment formula in favor of the growing Muslim population. into twenty-five Qada’. Both are subject to the authority
Lebanon’s Constitution (Chap. 4) divides executive of Lebanon’s Minister of the Interior and Municipalities.
authority amongst three actors: The Head of the Lebanese Each Muhafiz is assisted by a Council of the Muhafazat,
state—the President—who presides over the Council of an advisory body that is comprised of the Muhafazat’s
Ministers and serves as the Commander-in-Chief of the respective Qa’immaquam and various members of civil
Armed Forces. The Prime Minister is the Head of the society. Their responsibilities include protecting the
6 T. W. HAASE

health, welfare, and security of those within their jurisdic- Legal basis
tion and to implement the directives and laws of the
According to Bashir (1977), Lebanon lacked a central
central government. The Qada’ possess responsibilities
personnel department when it acquired its indepen-
that are similar to the Muhafazat, but they must also
dence. At that time, recruitment into the civil service
oversee the administration of the central government
was characterized by nepotism and the lack of enforce-
offices, supervise public servants, and implement local
ment of personnel regulations (Bashir, 1977, p. 23).
rules and regulations.
Recognizing the need for reform, steps were taken to
formalize Lebanon’s civil service system.
Municipal government The initial step was taken with the passage of
Legislative Decree No. 13 in 1953, which formally
Lebanon’s second politico-administrative structure is
organized Lebanon’s bureaucracy, created civil service
municipal. Lebanese municipalities, governed by the
grades, and established a competitive examination for
Municipal Act of 1977, are considered legal personal-
the recruitment of high grade civil servants (Bashir,
ities with financial and administrative independence
1977, p. 24). In 1959, the Council of Ministers issued
(Decree Law 118 of 1977, Articles 1 and 2). They are
three Legislative Decrees that reformed Lebanon’s civil
managed by Municipal Councils, which select a
service system (Bashir, 1977: 31). The most substantial,
President and Vice-President after local elections. The
Legislative Decree (No. 114 of 1959), established the
Municipal Act appears to provide municipalities with
Civil Service Board as the central personnel and train-
broad authority over police and fire services, transpor-
ing body for the Lebanese bureaucracy. Two additional
tation and other public programs, as well as establish-
Legislative Decrees (No. 112 and 113 of 1959) revised
ment of tax rates, budgets, and the salaries of municipal
the procedures related to civil service recruitment,
officials (Articles 49 and 89). Nevertheless, the central
training, retention, retirement and pension, and termi-
government maintains the authority to review and
nation. Despite subsequent changes, Legislative Decree
authenticate municipal decisions (Articles 62 to 65).
112 of 1959—Public Sector Staff Regulations—remains
the foundation for Lebanon’s civil service system
Significant legal reforms in the last decade (Bashir, 1977, pp. 91–92).
The structure of Lebanon’s legal system has remained
unchanged since the end of the Civil War. Moreover, Structure and processes
the foundations for the legal system were upheld with
the May 2008 signing of the Doha Agreement.2 In The Civil Service Board has two primary responsibil-
recent years, attempts have been made to improve ities: to oversee the implementation of the laws and
accountability within the central government and to regulations related to the recruitment and retention of
weaken its control over decision-making. public employees, and to ensure that public employees
Driven in part by civil society actors, the most substan- are adequately trained (Bashir, 1977). Ultimate civil
tial reform attempts have related to elections and decen- service authority is granted to the Council of the Civil
tralization. Advocates for electoral reform have called for Service Board, the members of which are appointed by
the use of a proportional system of representation with a the Council of Ministers.
quota for women, and a reduction of the voting age.
Advocates for decentralization have sought to transform Recruitment and promotion
Qada’ into independent entities that are governed by a Lebanon’s civil service is organized into five grades.
publically elected council that could use national revenues These grades are organized on the basis of rank, as
to promote local and regional development. Although the opposed to administrative duties and responsibilities
Lebanese Parliament has received draft legislation related (Bashir, 1977). Senior ranking officials fall within
to these proposed reforms, long-standing political disputes Grades I and II (Directorate Generals, Directors and
have delayed their consideration. Chiefs of Services). Middle management positions are
classified as Grade III, (Bureau and Section Chiefs).
Clerical or manual positions are classified as Grades
The civil service
IV and V.
Lebanon began to develop its civil service system in To qualify for employment in the public sector, an
1953. Since then, the central government has under- individual must hold Lebanese citizenship for 10 years;
taken reforms to strengthen its public personnel man- be 20 years of age or older; meet certain age require-
agement system. ments with respect to their retirement status; be in
INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION 7

certified good health; have a clean security record; and p. 59), “after every 2 years of service, eligible civil
as necessary, hold a required academic degree and pass servants are given an automatic pay raise [and] an
the civil service examination. Additional qualifications advancement to the next rank [within their grade].”
may be created by authorized public agencies, especially As civil servants reach the top of their Grade, they
for positions that require technical or administrative become eligible for promotion. If promoted, the civil
expertize (Bashir, 1977, p. 60). servant will be given additional responsibilities and
Normally, public sector vacancies are filled through may qualify for a salary adjustment. Promotion is not
a three-step process (Bashir, 1977): guaranteed (Bashir, 1977, p. 59). The Office of the
Minister of State for Administrative Reform (OMSAR,
● Recruitment: An agency with a vacancy submits a 2011) reports that complications in recruitment and
written request to the Civil Service Board. In it’s promotion processes have caused shortages in the
request, the agency indicates that it would like to number of public servants throughout the ranks of
announce and fill the position. If approved, the the civil service. In 2010, for example, 22,029 full-time
Department of Personnel Administration issues a civil service positions existed within the national
memorandum that announces the position. This bureaucracy, of these, 6,685 (30%) were actually filled.
memorandum, which is distributed through print When these data are broken down by Grade, they
and broadcast media, contains information about suggest that the national bureaucracy suffers from a
the application process, including the date, time and severe deficit of human capacity.
location of the civil service examination. Currently,
the government has frozen the normal recruitment Remuneration
process due to budgetary constraints. Nevertheless, The government does not publish public sector remu-
limited public sector recruitment continues. neration data. However, the United Nations reports
● Civil Service Examination: Only applicants approved that Lebanon’s public sector is not attractive to poten-
by the Department of Personnel Administration can tial employees. Rather, individuals seek employment in
take the examination. The Examination Committee, the private sector because businesses, both domestically
which is independent from the Civil Service Board, and regionally, offer higher levels of compensation
manages the process (Bashir, 1977). Once the exam- (UNDESA, 2004b). Consequently, Lebanon’s bureau-
ination is completed, the Department of Personnel cracy has a deficit in human capacity, especially in the
Administration submits the results to the Civil areas of engineering, science, and information technol-
Service Board, who may approve the results or can- ogy (UNDESA, 2004b).
cel the examination. If approved, the list of eligible
candidates is made public. Training
● Selection Phase: Agencies with approved vacan- The Civil Service Board is responsible for maintaining
cies must select from the published list of eli- and improving the capacity of public servants, which it
gible candidates. These candidates are given does through the National School of Administration,
hiring priority. According to Bashir (1977, known officially as the École Nationale d’Administration
p. 69), decisions about candidate selection are (ENA) (Republic of Lebanon, 2000). The training activ-
driven by sectarianism and the extent to which ities undertaken by ENA are supported by a variety of
decision makers have discretion in the selection international and domestic actors, including the
process. Consequently, even if a position is to European Union, the World Bank, and the United
be filled on the basis of merit, “the appoint- Nations Development Program. Such support is also pro-
ment will be made on the basis of ranking vided to the OMSAR, whose mission includes the training
priority and within the sectarian frame of refer- of civil servants.
ence (Bashir, 1977, p. 69). Once hired, public
servants appointed in Grades III through V are
Gender and diversity
given probationary status for a period of one
year. If higher authorities do not take removal Lebanon’s civil service regulations state that both men
actions, these public servants become perma- and women are guaranteed the right to work and the
nent employees at the end of their probationary right to equal compensation (Legislative Decree No. 112
period. of 1959). While the government does not compile statis-
tics on the demographic characteristics of public sector
Individuals enter the civil service at the bottom rank employees, the number of men employed in the civil
of their appointed Grade. According to Bashir (1977, service probably exceeds the number of women. This
8 T. W. HAASE

conclusion is supported by a report published by United President works with the Prime Minister to convene a
Nations International Children’s Emergency Fund special session of the Chamber of Deputies, which must
(2011), which suggests that the participation rate for be held no later than January 31 of the proposed
women in the Lebanese labor work force is only 22%, budget year, to consider the revised proposed budget. If
compared to a global rate of 53%. this special session does not approve the revised proposed
budget, then the President, with the approval of the
Council of Ministers, can adopt this revised proposed
Significant civil service reforms in the last decade
budget (Ministry of Finance, 2014a, p. 62).
According to the OMSAR (2011), Lebanon’s civil service Since 2005, political tensions have prevented the
suffers from several fundamental problems: an outdated Chamber of Deputies from adopting a public budget
employee grade and salary system; job descriptions and (Barrington, 2016). This does not mean that the central
classifications that do not match position responsibilities; government has been without funds. According to the
poor training and capacity building opportunities; the Ministry of Finance (2014a, p. 63), “in the absence of
lack of integration, evaluation, and performance manage- approved budgets…government expenditures have
ment practices; and an absence of policies that specify been incurred and are currently incurred on the basis
employee rights and duties. Despite the persistence of of the ‘one-twelfth rule’, pursuant to which the
these problems, the Lebanese government has not under- Government is authorized to spend monthly one-
taken significant steps to reform the civil service over the twelfth of the last approved Budget (i.e., the 2005
last decade. Consequently, Lebanon’s civil service lacks Budget) and other enabling legislation.” In 2012, the
the human resource capacities that are needed to develop Parliament authorized the government to increase its
and support the countries’ public sector activities. legal spending beyond the limit established by the 2005
annual budget (Ministry of Finance, 2014a, p. 63).
Public budgeting
Public finance
Lebanon’s public budgeting processes are rooted in Articles
83 to 87 of the Lebanese Constitution (Republic of Lebanon’s public finances are driven by economic factors
Lebanon, 1926) and the Law on Public Accounting (Law that have an impact on government revenues. Lebanon’s
14969 of 1963). Under normal conditions, these processes economy averaged 9.2% annual growth in GDP from
are able to generate a well-formulated public budget. In 2007 to 2010 (World Bank, 2016a). In recent years,
times of governmental dysfunctionality and political uncer- Lebanon’s economic growth averaged a lower rate of
tainty; however, these processes can break down. When 1.7% (World Bank, 2016a). This reduced rate of growth
such failures occur, Lebanon’s public finance activities and can be explained by domestic political tensions, regional
budgetary reform processes can suffer. conflict, stagnation in the tourism sector, and a weakened
global economy (Bank Audi, 2015). Indeed, 2015 was
considered one of Lebanon’s worst years of economic
Budgeting praxis
performance in the past decade (Bank Audi, 2015).
Lebanon operates an incremental line-item public bud- Between 2005 and 2015, the largest increases in
geting system. The public budget process is initiated by public revenue occurred between 2007 and 2009. This
the Ministry of Finance upon its receipt of procurement resulted in annual budget surpluses with a year-on-year
estimates generated by government ministries (Ministry growth of approximately 20% (Ministry of Finance,
of Finance, 2014a). These requests are aggregated to 2007, 2008, 2009). Government revenues surged again
form the basis of the proposed budget. The proposed in 2011, due to the receipt of arrears from the Telecom
budget is submitted to the Council of Ministers by Surplus and an increase in non-tax revenues (Ministry
September 1st of the year before the budget year. The of Finance, 2011). After a period of stagnation, reven-
Council then has 2 weeks to review and submit the ues increased again in 2014—reaching $US 6.25 billion,
proposed budget to the Chamber of Deputies. The or 13.9% of GDP (Ministry of Finance (2014c) —due to
Chamber reviews and votes on each article contained the receipt of additional payments from the Ministry of
in the proposed budget during the general legislative Telecommunication, an increase in the national income
session, which occurs between October 15 and tax rate, and an increase in administrative efforts to
December 31 (Ministry of Finance, 2014a, p. 62). collect income tax arrears (Ministry of Finance, 2014b).
If the budget is approved, then the Ministry of Finance The government’s annual public expenditures also
becomes responsible for its execution (Ministry of increased between 2005 and 2015. A substantial increase
Finance, 2014a). If the budget is not approved, then the between 2008 and 2009 is attributed to increases in
INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION 9

personnel costs, interest payments, transfers to the information and communication technology (ICT)
National Social Security Fund, and treasury expendi- strategies that would strengthen the government’s capa-
tures directed to the High Relief Committee, which is city to disseminate public sector information. The gov-
the Lebanese agency that provides aid to displaced ernment also committed itself to use ICT to provide
Syrian refugees (Ministry of Finance, 2014a: 15). The public services; to unify data collection and storage
most recent increase in public expenditures occurred in processes; and to improve procurement activities
2012, when the government paid higher personnel costs (OMSAR, 2002, p. 4). The OMSAR acknowledged;
and made additional financial transfers to Electricite du however, that the success of this strategy would depend
Liban, the state-owned electric utility company on political stability, effective resource mobilization, on
(Ministry of Finance, 2012, p. 4). In recent years, similar prompt enactment of the necessary legal and regulatory
factors have pushed government expenditures to $US frameworks, sufficient ICT infrastructure, and on the
21 billion. acceptance of e-government by both civil servants and
the general public (Office of the Minster of State for
Administrative Reform (OMSAR), 2002, p. 15).
Significant budgetary changes and developments
in the last decade
E-government readiness
Lebanon faces several public budgeting challenges: an
inefficient budgetary processes and procedures; capa- According to the United Nations Department of
city constraints that inhibit reform; and weak financial Economic and Social Affairs (UNDESA), e-govern-
information management systems (World Bank, 2014, ment is “the use of ICT and its application by the
p. 15). These challenges continue to exist, even though government for the provision of information and
public finance reform has been on the government’s public services to the people” (UNDESA, 2014, p. 2;
agenda for more than a decade. In 2005, the govern- see also UNDESA, 2004, p. 15). UNDESA’s (2014)
ment committed to a two-year program of public E-government Development Index, which measures
finance reforms, which were disrupted by the 2006 the willingness and ability of government to use
Lebanon War (Jauode & Morachiello, 2010, p. 42). e-government to deliver public services, ranked
Since then, more comprehensive reforms have been Lebanon 89 of 193 countries in E-Government
undermined by political tensions (Jauode & Readiness. The survey results suggested that
Morachiello, 2010, p. 43) Lebanon has a strong level of human capital, but
Further attempts were made to advance public needs to strengthen its telecommunication infrastruc-
finance reform in 2011. These reforms were backed ture and the scope and quality of the online public
by the World Bank, the United Nations Development services offered.
Program, and the International Monetary Fund There are several reasons why Lebanon has struggled
(World Bank, 2014, p. 10). With their support, the to increase its e-government readiness. Although most
Ministry of Finance advanced several budget reform government agencies now have websites that provide
recommendations in 2012: to create a unit for macro- the public with basic information, many of the govern-
fiscal analysis; to simplify the Public Accounting Law ment’s ICT reforms have not yet been finalized
of 1963; to improve the budgeting processes; and to (Choueiri, Chouieri, & Chouieri, 2013). Indeed,
strengthen administrative capacity through training Lebanon’s ICT infrastructure has been constrained by
and international collaboration (Ministry of Finance, the government’s monopoly over the telecommunica-
2012, pp. 7–10; World Bank, 2014, p. 10). Like pre- tions sector until 2007, when the government decided
vious attempts, the success of these recommended to privatize the sector. Until the privatization process is
reforms will depend on political support, administra- completed, bandwidth limitations and the costs of
tive capacity, interdepartmental communication, and Internet access will inhibit the public’s ability to take
the efficient use of resources (World Bank, 2014, advantage of online services.
pp. 49–54).
E-participation
E-government
E-participation is the “process of engaging citizens
The Office of the Minster of State for Administrative through ICTs in policy and decision-making in order
Reform (OMSAR) (2002) released the first e-govern- to make public administration participatory, inclusive,
ment strategy for Lebanon in 2002. This document collaborative and deliberative for intrinsic and instru-
committed the government to the adoption of mental ends” (United Nations, Department of
10 T. W. HAASE

Economics and Social Affairs (UNDESA), 2014, p. 61). acceptable civil servant conduct. Accordingly, civil ser-
E-governance involves the government’s use of online vants are expected to pursue the public interest through
services to facilitate e-information sharing, e-consulta- the proper implementation of the laws; by being per-
tion and e-decision-making. According to the sonally accountable for following the lawful instruc-
UNDESA’s E-Government Survey, Lebanon ranked tions; and by completing their work effectively
110th globally in e-participation in 2014. While the (Article 14). Likewise, civil servants must act in accor-
survey revealed that Lebanon’s public bodies were dance with Lebanon’s Constitution, and its laws, and
somewhat involved in e-information sharing, there regulations (Article 15). They are also prohibited from
was little or no government involvement in e-consulta- joining political parties, undertaking employment not
tion and e-decision-making activities. These results sanctioned by law, accepting positions and responsibil-
confirm that Lebanon needs to make investments to ities that constitute a conflict of interest, divulging
improve its online services, its telecommunication private information, and accepting bribes and gifts.
infrastructure, and its ability to use ICT to inform Despite the specificity of these Regulations, Lebanon
and engage with its citizens. has problems with public ethics and corruption.

Significant e-government reforms in the last Ethics


decade
To modernize Lebanon’s Public Sector Staff Regulations,
Over the last decade, Lebanon has improved the e-gov- the OMSAR developed a Code of Conduct for Public
ernment capacity of its public agencies (see Choueiri Servants, which was approved by the Council of
et al., 2013). The National Archives and the OMSAR Ministers in 2002. Although not legally binding, the
have taken steps to digitize government documents. Code of Conduct informs public servants about their
Additionally, the OMSAR has worked with the civil responsibilities and obligations. The Code is orga-
Directorate General of General Security to create online nized into five sections (OMSAR, 2001), which cover:
information portals; to standardize the forms used to employees’ general obligations to the state; their public
initiate online transactions; and to increase the public’s service obligations; their responsibilities towards citi-
ability to access client-oriented services through the zens; their responsibilities towards superiors, colleagues,
internet. The Ministry of Water and Energy is develop- and subordinates; their responsibilities towards conflicts
ing information systems that can collect and distribute of interests and outside activities; and their general rights
weather forecasting information. Finally, the Ministry of in relation to the public administration. To facilitate
Finance has made e-taxation services available. adherence to these principles, all public employees
The government’s e-government strategy was must formally declare their commitment to the Code.
updated in 2008 (OMSAR, 2008). The update stressed
that Lebanon obtained several of its e-government goals
Corruption
and had developed a sizable pool of ICT expertize
(Office of the Minster of State for Administrative Transparency International (2016) reports that
Reform (OMSAR), 2008, p. 12). Moving forward, the Lebanon is perceived to have a high level of corruption,
OMSAR has made a commitment to overcoming resis- being ranked 123 out of 168 on Transparency
tance to reform and to pursuing ICT reforms in order to International’s Corruption Perceptions Index. This per-
change how government operates (Office of the Minster ception is caused by factors that include a distrust of
of State for Administrative Reform (OMSAR), 2008, public institutions, power sharing in government insti-
p. 2). However, Lebanese citizens are hesitant to embrace tutions, the lack of awareness about the causes and
e-government services (Fakhoury & Aubert, 2015; consequences of corruption, domestic and regional
Harfouche & Robbin, 2012). In response, the govern- instability, and the lack of anti-corruption mechanisms
ment needs to take further advantage of the benefits of (Lebanese Transparency Association, 2009). Despite the
technology, but it must also demonstrate that the infor- impact that corruption has had on Lebanese society,
mation collected by, and transmitted through, its e-gov- little has been done to address corrupt and unethical
ernance systems will remain confidential and secure. behavior in the public sector.
Bou Jaoude and Morachiella (2012) argue that the
Lebanese do not trust or have confidence in their civil
Ethics in public administration
service because public officials often act in pursuit of
Lebanon’s Public Sector Staff Regulations (Decree Law their own or sectarian interests, rather than the public
112 of 1959, as amended) specify the boundaries of interest. As Kisirwani (1997, p. 7) observes, “[h]ardly
INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION 11

any public official in Lebanon is unaware of his rights, strengthen the administrative system. This desire was
duties, obligations and the limitations imposed, yet strongly expressed after the Civil War, when the
employees’ indulgence in offences and violations is Lebanese government worked with international agen-
phenomenal.” cies, to reform the Ministry of Finance and create the
OMSAR, which was given a mandate to strengthen the
capacity of Lebanon’s ministries, public agencies and
Significant ethics reforms in the last decade
municipalities. For the last 25 years, the OMSAR has
Lebanon’s public sector has undertaken several initia- supported the improvement of transparency and
tives to eliminate corruption and unethical behavior accountability, the adoption of information technology,
within the Lebanese bureaucracy, including the adop- and the use of managerialist processes and practice
tion of reforms that strengthened the budgetary pro- throughout the bureaucracy.
cesses; the approval of legislation to create an Office of While the OMSAR may endeavor to strengthen
the Ombudsman; and the adoption of ICT practices Lebanon’s administrative capacities over the long term,
that would improve the delivery of public services. there exist a variety of threats that can undermine the
The government also established a ministerial commit- potential success of its reform efforts. The most substan-
tee to combat corruption, which was supported by a tial of these threats are domestic political tensions, which
technical committee headed by the Minister of State for are encouraged by regional conflicts between Saudi
Administrative Reform. Lebanon also ratified the Arabia and Iran. These tensions have helped to reinforce
United Nations Convention Against Corruption in many of the administrative deficiencies that the OMSAR
2008 and the OMSAR joined the Arab Anti- has sought to overcome. An additional threat is the
Corruption and Integrity Network in 2012. However, pressures placed upon Lebanon’s political system by
these initiatives have largely failed because they were Syrian refugee crisis. The concern is that these tensions
pursued without political will inter-agency support. and pressures have begun to bring about “the steady
For an anti-corruption reform initiative to be suc- unraveling of the Lebanese state” (Trofimov, 2016).
cessful, it must address five interrelated issues (Antoun, First, the Lebanese are becoming increasingly fru-
2008). First, the political system must be reformed to strated by the limitations of their administrative and
promote accountability and the rule of law. Second, political institutions. As these frustrations increase,
administrative processes and procedures must be both the general public and domestic NGOs may inten-
made more transparent and responsive to the public’s sify their calls for politico-administrative reform. These
needs. Third, private sector organizations must adopt pressures may encourage the Lebanese government to
codes of conduct, track problems, and promote whistle improve accountability and to undertake the reforms
blowing. Fourth, the media must be given access to needed to facilitate the development of public policies
information and the latitude to investigate allegations that align with the public interest. Second, there is a
of corruption. Finally, the public must be made aware growing number of universities in Lebanon that offer
of the consequences of corruption, and more impor- undergraduate and graduate degrees in public admin-
tantly, informed that their civic rights include “the istration. As students graduate from these programs,
delivery of public services…political freedom, represen- Lebanon will see an increase in the number of indivi-
tation, and participation (Antoun, 2008, p. 29). duals who possess the knowledge needed to design and
implement administrative reforms. Indeed, these indi-
viduals will be well-positioned to become Lebanon’s
Conclusion
next generation of public servants, provided that their
Lebanon’s public administration not only survived fif- recruitment occurs on the basis of merit, and takes
teen years of civil war, it has also continued to function place within a stable political environment. Finally,
during periods of political paralysis. This reality can be Lebanon provides excellent opportunities for compara-
viewed from two different perspectives. One is that tive public administrative research. The systematic
Lebanon’s administrative deficiencies are a serious investigation of Lebanon’s public sector can help prac-
cause for concern, especially considering the govern- titioners to understand the nature of the constraints
ment does not always serve the public interest and opportunities that exist within the Lebanese
(AbouAssi et al., 2013; Hasbani, 2011; Youngblood bureaucracy. Furthermore, the findings generated by
Coleman, 2015). The other perspective is that public such research would provide insights into how the
bureaucracies have played an important role in the OMSAR might adapt Lebanon’s administrative prac-
preservation and development of the Lebanese state, tices and structures to fit Lebanon’s local and regional
and has evidenced a desire for, or has taken steps to, contexts (Jreisat, 2005).
12 T. W. HAASE

Notes Adwan, C. D. (2004). Corruption in reconstruction: The cost of


national consensus in post-war Lebanon. Washington, DC:
1. According to Social Watch, “in January 2007, another Center for International Private Enterprise.
donors’ conference was held in Paris, known as “Paris Altan-Olcay, O., & Icduygu, A. (2012). Mapping civil society
III”, in order to provide support for the country’s post- in the Middle East: The cases of Egypt, Lebanon and
war reconstruction, secure cash for debt servicing, and Turkey. British Journal of Middle Eastern Studies, 39(2),
cover the budgetary deficit. A programme for social 157–179. doi:10.1080/13530194.2012.709699
reform, already underway, provided the framework for Antoun, R. (1995). Municipalities in Lebanon: Past and
the Government’s economic reform agenda, designed to present. The Lebanon Report, 4, 31–38.
reduce volume and rate of debt accumulation and lay the Antoun, R. (2007). Innovating the organizational structure of
structural and institutional basis for growth”(Retrieved the Ministry of Finance in Lebanon. In Innovations in
from http://www.socialwatch.org/node/11084). governance in the Middle East, North Africa, and Western
2. “A meeting of the Lebanese National Dialogue was Balkans: Making governments work better in the
held in Doha from 16 to 21 May 2008, with the Mediterranean Region (pp. 117–140). New York, NY:
participation of the Lebanese political leaders who are United Nations, Department of Economic and Social
members of the Lebanese National Dialogue, who Affairs.
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rent political crisis with its dire implications for com- egy. Beirut, LB: The Lebanese Transparency Association
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Constitution and the Taif Accords” (UN Security tions/downloads/Final_book_en.pdf
Council, Letter dated May 22, 2008 from the Atzili, B. (2010). State weakness and ‘vacuum of power’ in
Permanent Observer of the League of Arab States to Lebanon. Studies in Conflict & Terrorism, 33(8), 757–782.
the United Nations addressed to the President of the doi:10.1080/1057610X.2010.494172
Security Council). Retrieved from http://www.security Bank Audi. (2015). Lebanon economic report: 4th quarter.
councilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C- Beirut, LB: Author.
8CD3-CF6E4FF96FF9%7D/Lebanon%20S2008392.pdf. Barrington, L. (2016, March 25) World Bank warns Lebanon
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Bashir, I. E. (1977). Civil service reforms in Lebanon: An
The author thanks Mr. Ashish Khemka for his efforts collect- evaluation of the lebanese civil service system with special
ing the materials used to complete this research. He also emphasis on the role of the civil service board. Beirut, LB:
wishes to thank Mr. Samir Hankir and Ms. Melissa American University of Beirut.
Ajamain for reading and commenting on earlier versions of Bennet, J. (1995). Lebanon: The Lebanese NGO forum and
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London: Earthscan Publications.
Declaration of interest Blominvest Bank. (2015, January). The Lebanon brief
(Vol. 903, pp. 1–18). Lebanon: Economic Research
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