Michel Aoun

Lebanese Prime Minister Rafiq Hariri's short-lived promise to allow the return from exile of Michel Aoun follows a clear pattern that has emerged in recent months. As overt opposition to the Syrian occupation has intensified and spread throughout all sectors of Lebanese civil society, the motley strata of militia chieftains, traditional elites and financial barons authorized by Damascus to run the country have sought to garner public support by making pro-nationalist statements (often followed by carefully-worded retractions or a period of conspicuous silence after receiving warnings from Damascus).

It is nevertheless striking that many of the same political elites who supported Syria's ouster of Aoun, a former Army commander who headed the last government of Lebanon's First Republic as interim prime minister from 1988-1990, now find it politically expedient to be seen as supporting his return. Most prominent politicians have made public statements calling for an end to his decade-long exile over the last several months, particularly during the run-up to the August-September 2000 parliamentary elections.

Until recently, top Lebanese officials dealt with the issue of Aoun's return by issuing veiled threats to prosecute the former prime minister upon his return to the country, either on charges of usurping power or embezzling public funds during his tenure in office. Neither allegation is considered by legal experts to be legitimate grounds for an indictment. Aoun's government was clearly constitutional.¹ While the legality of his refusal to yield power to a rival Syrian-installed regime headed by Elias Hrawi following the 1989 Ta'if Accord has been disputed by some, the establishment of the Second Republic under Syrian and American auspices was itself legally questionable (and, by any normative standard, illegitimate). Given the tremendous influence of Damascus over the appointment of high-ranking judges, however, many feel that Aoun would not be given a fair trial.

Aoun was ousted by Syrian military forces in October 1990 and remained holed up in the French embassy for eleven months until his departure was negotiated by French officials. Decree No. 1673 of 27 August 1991 mandated Aoun's exile for five years and an amnesty for any crimes he may have committed--on the condition that he not engage in political activity while overseas. However, Aoun made no pretense of complying with these terms and remained at the forefront of opposition to the Syrian occupation.

On January 2, Hariri sent shock waves through the country by pledging on state-run television that Aoun will not be prosecuted if he returns to Lebanon. "I guarantee that he will not be arrested. We are not considering his arrest," said Hariri. "If it's proven that he embezzled public funds, he would have to return them, though perhaps he did not embezzle anything." Hariri repeated the pledge later that day in an interview with the Middle East Broadcasting Center, a London-based satellite TV station. "Aoun can come back to Lebanon at any time and the only file against him is the one pertaining to the embezzled public funds, and we said that this will not be referred for criminal prosecution." As if to head off potential challenges to this decision, sources close to the prime minister reminded the press that Lebanon's security agencies are, according to the "constitution" (by which they meant the 1989 Ta'if Accord), subservient to the cabinet, headed by Hariri.

Aoun quickly welcomed Hariri's initiative. "Hariri does not commit himself to something which he cannot fulfill," he told Monte Carlo Radio on January 3. "I take his initiative with all seriousness and without reservation, and with God's will, I will return to Lebanon." Aoun added that he had not backed down from his refusal to recognize the Ta'if Republic, nor had he talked with any government officials to negotiate his return. "Change does not come from my part," said Aoun, insisting that the political system must change to a system based on democracy, and public freedoms.

However, it soon became clear that, in his zeal to capitalize on soaring public support for Aoun, Hariri neglected to secure prior approval from Damascus for his opening to Aoun. Syrian officials immediately began working feverishly to control the damage. Hariri was summoned and ordered to remain silent on the issue in what one source called the "sharpest rebuke" the prime minister had ever received from his Syrian patrons.

Meanwhile, the Lebanese judiciary, which is closely tied to Syrian intelligence, quickly moved to thwart the initiative. The National Broadcasting Network quoted "judicial sources" as saying that "nothing will stop Aoun from being prosecuted if he comes back to the country." Although Lebanese Prosecutor-General Adnan Addoum dismissed the leak, he reminded the press that judicial investigator George Ghantous is pursuing a formal investigation of Aoun, adding that "Premier Hariri was talking politics. It's up to the judiciary to make the decision." Likewise, Justice Minister Samir Jisr was quoted in an interview as saying that Hariri had "doesn't have the jurisdiction to decide on legal matters that Aoun faces."

Finance Minister Fouad Siniora told reporters that his ministry was conducting its own investigation. "We at the Finance Ministry are working on collecting information on this issue," said Siniora. "I don't think people would accept that anyone responsible for squandering Treasury revenues be forgiven." Sources close to Siniora said that Aoun is to be accused of embezzling $27 million. Siniora, a close ally of Hariri, was reportedly urged by the prime minister to make the remarks so as to find an "honorable" way for him to comply with Syrian dictates.

These developments sparked a vociferous debate in the Lebanese press.

Edmond Naim, a former Central Bank governor, said in an interview with Beirut's Daily Star on January 8 that the embezzlement charges against Aoun are not valid. Naim pointed out that while Aoun raised about $27 million in taxes and deposited the funds in private bank accounts during his tenure in office, he had no other choice--the Central Bank (which was located in Syrian-occupied territory) had frozen the government's funds under pressure from Damascus. He also insisted that these funds were not taken by Aoun when he left the country, but were seized by the rival Syrian-backed regime that took control over the capital after Aoun's ouster. Naim added that other funds alleged to have been embezzled by Aoun were "donated to him personally, as leader of a cause, not in his capacity as prime minister." Former Beirut Bar Association President Shakib Qortbawi made similar statements defending the legality of Aoun's emergency financial measures.

Several members of parliament also objected to the threats against Aoun made by Addoum and Siniora. Metn MP Nassib Lahoud condemned the interference of "judicial and financial sources each time . . . Aoun expresses his desire to return to the country or each time this issue is raised by a Lebanese official." Lahoud noted that Aoun has been in exile for nearly ten years, which should have been plenty of time to complete all necessary investigations.

Despite the proliferation of threats from various Syrian-controlled arms of the Lebanese regime, Aoun has said that he does not fear the prospect of prosecution upon his arrival in Lebanon. Earlier this month, he told a Jordanian newspaper that he is "ready to appear before courts and to submit to the authorities all the necessary documents" to prove his innocence.² According to sources close to former prime minister, the main stumbling block is that Aoun wants ironclad assurances that "the security services will not attack him."

In the meantime, it is Aoun's followers in Lebanon who must contend with threats and intimidation by the security services. On January 9, two members of Aoun's Free National Current (FNC) were arrested in Jbeil and detained for over an hour by Lebanese soldiers for displaying a picture of Aoun on their car. "We can only interpret these activities as another sign of the authorities' confusion and fear every time the possibility arises of General Aoun's return to Lebanon," the FNC said in a statement released the next day.

Notes

  ¹ According to Theodore Hanf's widely acclaimed study of the Lebanese civil war: "There can be no doubt about the constitutionality of this government. Article 53 states that the president appoints the ministers, 'one of whom he chooses as prime minister' . . . If the presidency is vacant, the cabinet is the sole executive." Theodor Hanf, Coexistence in Wartime Lebanon: Decline of a State and Rise of a Nation (London: I.B. Tauris & Co Ltd, 1993). pp. 570-571.
  ² Al-Hilal (Amman), 9 January 2000.