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The Minister of Foreign Affairs and Emigrants, Gebran Bbadil, has recently raised a new problem regarding his old and unfinished problems, including the events of the mountains. He opposed Article 80 of the Finance Act for 2019, which concerns the right of candidates to the Public Service Board examinations, which Minister Basil has not accepted. . Appointment in public administrations for lack of equality between Muslims and Christians, because most of them are Muslims.
Minister Bbadil explained the reasons for his adherence to the Charter in the Constitution: Article 95 of the Constitution of Taif, which states that it only applies after the end of the year. the abolition of political sectarianism.
In response to this, the text of Article 95 in the amended Constitution of May 23, 1926, and Article 95 of the Taif Constitution, is cited first.
Article 95 of the 1926 Constitution, as amended in 1943, provides:
Temporarily and seeking justice and reconciliation, communities are equitably represented in the public service and in the formation of the ministry.
This does not harm the interests of the state.
Article 95 of the Taif Constitution states:
The House of Representatives elected, on the basis of equality between Muslims and Christians, the appropriate measures to abolish political sectarianism in accordance with a phased plan and the formation of a …
The Commission's mission to study and propose ways of abolishing sectarianism has been submitted to the House of Representatives and Ministers and to follow up on the implementation of the interim plan.
And in transition
(A) equitable representation of communities in ministry formation;
The base of sectarian representation is abolished and the competences in the public, judicial, military, security and mixed institutions are approved in accordance with the requirements of the national agreement, with the exception of the functions of the first category and of the equivalent of the first category. The principle of competence and efficiency.
The first thing that draws attention to the above is that the 1926 Constitution provided for the equitable representation of communities in public functions and the formation of the ministry "and that equitable representation means fair", while the Constitution of Taëf foresaw paragraph a – contained in the title of the transitional period on the representation of communities in fair training only
What does it mean?
This means that the Taif constitution wanted to develop a plan to abolish political sectarianism and provide for a specific mechanism to achieve this goal. However, until the abolition of political sectarianism, the Taif constitution put in place a transitional phase, which means that there is a final phase and that the transitional phase is applied before the suppression of political sectarianism.
Article 95 of the Taif Constitution stipulated that the content of the transitional period was well represented in the constitution of the ministry, and that the sects should be represented fairly. Article 95 (b), which also appears in the title of the transitional period, provided for the abolition of the rule of representation. In accordance with the requirements of the National Agreement, with the exception of the first category and its equivalent, these posts are shared equally between Christians and Muslims, without attribution to any denomination, in accordance with the principle of competence. and competence.
This text is included in the title of the transition period, which means that it is applied until the definitive abolition of political sectarianism. It was necessary to provide for a transition phase, but as long as the constitution provided for a transition phase, it would be necessary to respect what had been declared at this stage, as described above.
What this point supports is what is mentioned in the first part of the Taif Constitution, which states that the abolition of political sectarianism is a fundamental national goal that requires that we work to achieve it in accordance with the interim plan.
The plan is detailed in Article 95 of the Taif Constitution.
With regard to Minister Bbadil's statement concerning the need to respect the provisions of the Taif Constitution, this Constitution refutes the statement of his minister. However, despite this provision, the Taif Constitution stipulates in Article 95 to abolish equity in the public service, with the exception of the first category. The cancellation of the parity does not constitute a violation of the charter and the result Un.
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