A statement was issued by ministers Abdullah Bou Habib, Henry Khoury, Maurice Slim, Amin Salam, Hector Hajjar, Walid Fayad, Walid Nassar, George Bouchikian, and Issam Sharfeddine, which said: We were surprised by the resignation Prime Minister's invitation to hold a cabinet session with a vague and confused agenda consisting of 25 to 65 items, while our government is in caretaker status (in the narrow sense of the term) and has not met since being considered resigned last May.
We are the most concerned with people's issues and addressing them and have no shortage of means to achieve that, which are constitutionally and legally available, particularly since issues related to patients and hospitals, among other important matters, can be resolved without convening a cabinet session, as was previously done for urgent and important topics. However, we are obligated to respect the constitution and maintain it, as well as not to encroach upon the principles of national balance.
Accordingly, we announce our non-consent and rejection of the cabinet session from a constitutional and covenantal perspective, as well as our disagreement or rejection of any of its decisions, and we clarify the following reasons:
1. Article 64 of the constitution is clear that the government cannot exercise its powers when it is resigned except in the narrow sense of conducting business, and a decree declaring it resigned was issued by the President of the Republic, thus it cannot convene. Also, Article 62 of the constitution is clear that the cabinet collectively exercises the powers of the President in the event of a vacancy, and thus these powers cannot be exercised by the Prime Minister alone or in the absence of ministers. Accordingly, the constitution does not allow a caretaker government to assume the powers of the President when it is devoid of constitutional powers and parliamentary confidence, as it has not received the confidence of the current parliamentary council.
2. It was agreed and committed by the Prime Minister and its components that no cabinet session would be held unless two essential conditions were met: first, the occurrence of an emergency event and the occurrence of a necessary matter that can only be addressed through a cabinet session; second, the agreement of all components of the government on that; this was specifically confirmed and expressed by the Prime Minister and relevant parties in the parliament session held on 3/11/2022.
In fact, there is no emergency or necessary matter that cannot be addressed without the cabinet, nor has there been any consultation or agreement either on the items or on the essence of the session in the first place.
3. It is known that during the previous presidential vacancy, the complete government exercised its responsibilities correctly and in accordance with the constitution, as ministers were informed of the agenda and consulted, and their approval was sought on the decisions, and they signed the decrees since they all exercised the powers of the President. How is it possible in a caretaker government, where this was not done? Moreover, we fear the adoption of new customs and methods that do not align with the clear constitutional text regarding the cabinet's collective exercise of the President's powers.
We cannot consider the presidential vacancy and its accumulation alongside governmental vacancy as a natural matter in the country, and deal with it normally from a covenantal, constitutional, and political perspective. Rather, it must be dealt with in a responsible national manner and wisely to avoid further economic collapses and national disintegration. Since the Prime Minister and ministers are capable of finding solutions to any matter in cooperation with the parliament according to its powers, we reject the violation of the constitution and do not accept to be partners in undermining the national covenant. We urge all fellow ministers to stand together for the constitution and national unity and not to participate in anything that could harm them. We call on the Prime Minister to retract his invitation so that the situation in the country does not become more difficult and complicated, while we can all avert dangers by adhering to the constitution and fostering understanding and national unity.
