Showing posts with label judiciary. Show all posts
Showing posts with label judiciary. Show all posts

Saturday, November 29, 2014

Mubarak's Rise and Fall

They say that if you are going to commit a crime, you should commit a big one, like the Savings and Loan scandal, or the Wall Street Credit default swap debacle, or in the case of former Egyptian President Mubarak, perhaps, loot a country for a generation. 

In the run up to the verdict, the main response of Egyptians was a big yawn. 

The Washington Post reported that  the "trial of the century" for Egypt has largely dropped from people's attention, partly because of its length, and partly because of the massive protests that began in June 2013, during the retrial. After the protests against the domination of Morsi's Muslim Brotherhood that brought to his ouster, TV and newspaper dropped their criticism of Mubarak's old regime and shifted the blame for the violence on Islamists and foreign conspirators. Issandr al-Amrani, North Africa Project Director at International Crisis Group declared that "there's been a steady narrative to say 2011 wasn't a real revolution, the real revolution was June 30, 2013".  (Mubarak verdict due, but Egyptians' interest wanes by Associated Pess, The Washington Post, November 27, 2014) 

But Mubarak got off in any event. The New York Times reported today that

" An Egyptian court dropped all remaining charges against former President Hosni Mubarak on Saturday, raising the possibility that he could go free for the first time since being removed from office in the 2011 uprising that defined the Arab Spring revolt." (Kirkpatrick and Thomas, 11.29.2014 NYT) 

Most bizarrely, Mubarak was acquitted of corruption charges, which seemed to be a slam dunk. It makes one wonder. Here are two reasons why. First, the judiciary is widely rumored to be full of "feloul" Mubarak allies. Second, the government is currently run by a new military-backed strongman, President Abdel-Fattah el-Sisi. Mubarak is from the military, so it is no surprise that they are taking care of business. 

This verdict seems to bode well for another not-very-well liked Egyptian President, Mohamed Morsi. 

A committee was appointed by Egypt's interim president Adly Mansour to investigate the violence after Morsi's ouster. The committee will present a final report divided into five parts, and it will cover 11 files. The most important part, entitled "Gatherings and sit-ins in public squares and roads in Egypt," will document events in support of Morsi during which several supporters were killed. Marawan announced: "The report will give a complete list of the names of the victims from the dispersals and where and how they were killed". He also announced that "the report tried to be as neutral as possible". (Committee to announce report on Egypt's post-Morsi violence on Wednesday by Gamal Essam El-Din, Ahram Online, November 24, 2014)

Given the Mubarak verdict, one can expect that impunity will be the order of the day, although you never know. 

Women may have been a major beneficiary of the Arab Spring, along with some release of restrictions on the press. 

In Egypt, more than 90 percent of women are estimated to have undergone female genital mutilation (FGM), although the practice, also known as "circumcision", has been penalized in 2008. Some still  still consider whether to circumcise their daughters or not, because without it she could be "sexually voracious", and this could be "dangerous for her". The tradition is practiced because "it is seen as needed for cleanliness or to prevent a girl's sexual desire from running out of control". In fact, a widely used Egyptian Arabic term for it translates as "purification". In southern Egypt, Manal Fawzy runs the Assiut Childhood and Development Organization, a UNICEF partner organization that "takes a community approach to getting people to abandon the practice". She and her colleagues go from village to village to talk to the residents, but also to religious leaders and doctors, encouraging the latters and the families to speak publically about their rejection of the tradition. (Egypt making slow progress on genital mutilation by Associated Press, The Washington Post, November 25, 2014)

Many thanks to my fabulous GA, Paola Cavallari, for doing much of the research that helps me stay on top of things.

WMB 

Saturday, January 12, 2013

Speech about Egyptian Democratization to the Arkansas Peace and Justice Coalition, January 12, 2013

مشاهد من ميدان التحرير   Mural of Nasser, Tahrir Square, January 12, 2013


Democratization in Egypt
January 12, 2013

Thank you for inviting me here tonight. It is a real honor to have received this invitation, and be asked to speak in front of such a diverse group of progressive activists.

I am excited about the chosen topic for tonight’s talk, but I also realize its pitfalls. How do I summarize the high points of a Revolution only two years old, but one that has more excitement, plot twists, and drama than a novel by Tolstoy? I was lucky enough to live through the Egyptian Revolution, and actually arrived in Egypt to teach at the American University in Cairo on the first official day of the Revolution, January 25, 2011. I stayed in that country until December 31st, at which point I returned to the US, and began teaching at the Clinton School of Public Service.

So tonight, I am going to just briefly sketch a history of movement towards democratization in Egypt over the past two years, and what I believe are the concerns around those matters. Then, I want to invite questions from the audience to fill in the gaps people are most interested in.

Demographically, Egypt has significant economic potential. It is the most populous country in the Arab world. It has the Nile River. It has strong ties to both Africa and the Middle East and lies upon the mediterranean ocean. It has significant natural gas reserves, and massive tourist potential. It has a well developed manufacturing base, and some impressive engineering, such as the Aswan dam. It is a diverse country with approximately 90 percent of a Muslim population, ten percent Coptic Christian, and the remaining population consisting of Bahais, and traditionalists. Every shade of skin is represented in Egypt from the blue eyes and blond hair of Alexandria, to the dusky tones of the bedouin in the Sinai, and the rich dark skin of the Nubians in Upper Egypt.

So, what is the current political situation in Egypt? As you know, an enlightenment style revolution swept through Egypt two years ago.  One of the mottos of the revolution was “bread, equality and social justice.” Hosni Mubarak, a US ally, and an authoritarian, oligarchic leader was forced to leave power.

Politically, Mubarak was very beholden to the US. He was enormously corrupt. He had emerged from the military and maintained strong ties with them. Under Mubarak, business and the state became one in a manner a political scientist might characterize as nearly fascist. In an interesting twist, the military created its own business empire under his rule. Under Mubarak, the poor became desperately poor. Illiteracy increased to nearly 70 percent, and corruption was rife. Inequality increased rapidly, and as the Revolution indicated, Mubarak and his cronies stole a significant amount of the nation’s wealth under his rule.

After Mubarak left, the country was ruled for an extended period by the military, known as the Supreme Council of Armed Forces, or SCAF.  Essentially, the country remained authoritarian in this period, but the military was the leader, not Mubarak. Many viewed this as the death of one head of a two-headed hydra, where the beast remained alive.  One head had been cut off yet the other head remained.

The conservative right and liberal left categories which categorize Europe and perhaps the US simply do not fit well in Egypt. Rather, parties can more easily be divided along a crucial axis: support for a secular state, or support for a religious (Islamic) state. Another axis might be support for human rights, democratic mechanisms, social justice and the poor, or conversely support for large business, the military and an authoritarian state. So to give an example, Mubarak was secular, but pro-business and autocratic. The Muslim Brotherhood supports poverty relief, but also leans towards an Islamist state. The Nour party (Salafis) support a strong Islamist state and have no well thought out views on most of the other issues. The opposition led in part by Mohammed El Baradei, supports a secular state, the rights of women and minorities, poverty reduction, and more democratic approaches.  

As a point of clarification, being Muslim does not make one an Islamist, or a radical or al qaeda. There are many practicing Muslims who prefer a secular state. The threat, in my view, comes from the Salafis, or fundamentalists, who wish to impose a Wahabi, Saudi style, stripped down, and very strict version of Islam on Egypt. These are the people who are destroying Sufi relics in Mali, and who terrorize Afghanistan as the Taliban. Like Christianity, Islam has many voices, from the most conservative, (Wahabi) to the most liberal, perhaps the Sufi, and a whole spectrum in between.

A burst of optimism among the liberal secularists occurred as the nation prepared for the first ever truly free parliamentary elections in the Winter and Spring of 2012. However, after the dust had settled, the first post-revolutionary Egyptian parliament had few women, and many Islamists, some of them extreme. One good outcome of the parliamentary election was that the liberals and secularists did better than expected, capturing about 15 percent of the seats in the lower house. Given the fact that the majority of liberal parties were formed after the Revolution, I believe that was a strong showing.

Late in the spring, however,  the sunshine of democracy dimmed as the judiciary dismissed the lower house of parliament on technical grounds.

In June 2012, I returned to Egypt to the American University in Cairo to work on my research. In mid June, an election took place between Ahmed Shafiq, former prime minister under Mubarak and a military man, and Mohammed Morsy, a well educated engineer, and prominent member of the Muslim Brotherhood. Tensions ran very high, and matters were tense. It appeared to be a Hobson’s Choice: on the one hand, Shafiq was resolutely secular, but nonetheless had strong ties to the deposed regime. On the other hand Mohammed Morsy was a revolutionary of sorts, but he was also clearly an Islamist. It was really a choice between the devil and the deep blue sea. As we know now, it was a tightly contested election, but Morsy seems to have fairly won Egypt’s presidency.

This ushered in another strange interregnum with both democratic and authoritarian elements. An Islamist was President, the judiciary had been appointed by the old regime, and the freely elected parliament had been dismissed. After only a few months in power, Morsy stunned the world by trying to implement a power grab in late November 2012, sparking outrage and massive protests across Egypt.

Egypt’s New Constitution was approved by referendum in December, and was signed into law by President Mohamed Morsy on December 26, 2012. Human Rights Watch states that the draft constitution provides for basic protections against arbitrary dentention and torture and for some economic rights. However, it fails to end military trials of civilians or protect freedom of expression and religion. One positive development is that the final draft does not require strict adherence to sharia with regard to women's rights (former article 68 has been removed). However, sex or gender is not a grounds for prohibiting discrimination in the approved version, and potentially interferes with women's choices about work and family.

Also, in the period between Christmas and New Years, more developments occurred. In accordance with the recently passed Constitution, eight judges have been dismissed from the Supreme Constitutional Court, one of whom was the first Egyptian woman to hold a post in the judiciary. Activists believe this dismissal violates the separation of powers, and shows that the judiciary is increasingly under attack.

The dispute about the Constitution, which was largely viewed as drafted by Islamists, has had a positive side effect of bringing the opposition together. The new opposition coalition is called the National Salvation Front. This group includes Mohamed El Baradei, the Social Democratic Party (a European style left democratic group), The Free Egyptians (A free market group which has secular and coptic membership) and a variety of socialist, communist, and secular groups.

All legislative power now rests with the upper house, the Shura. A draft law on elections has been proposed by the Egyptian Shura council.  This law is being put in place to plan for a new round of parliamentary elections scheduled for April.  The National Council of Women, however,has  said the draft does not allow proper representation of women in Parliament, nor does it represent the capabilities, potential and ambitions of women after the January 25th revolution.

So, in summary, there is good news and bad news about democratization in Egypt.  Egypt has made remarkable, and bold strides. It is impressive that elections were held. They were not completely free and fair, but neither were they totally rigged. The fact that the Islamists won is encouraging in the sense that the electorate did elect a completely different group into power than held power during the Mubarak government. The bad news is that the Islamists are not progressive, nor particularly interested in democratic institutions, and they seem to be consolidating their grip on power.

As we have seen, two years into the Revolution, there is still a lot of work to still be done. That is, in and of itself, not a bad thing. Please remember that the French Revolution took nearly twenty years to complete. Many countries that have gone through democratic transitions recently, including Ghana, Kenya, and South Africa, often experienced long periods of partial transition. Thus, it would be realistic to assume that Egypt has a good ten to twenty years ahead of it before the democratic transition is complete.

What can American activists do to support democracy in Egypt? We can send support and training to the emerging progressive parties, such as the National Salvation Front, and urge the American government to do the same. We can also educate our fellow Americans that there are different kinds of Islam, most of which are moderate, and not affilated with al qaeda. We can also encourage support for the rule of law, and democratic processes. The best idea is to support Egyptian based NGOs doing work in these areas.

Wednesday, December 12, 2012

Vote No on the Egyptian Constitution

Violent clashes at the Presidential Palace, December 5, 2012. Photo Credit Al Masry Al Youm

A constitutional referendum is scheduled for December 15, 2012 (this Saturday) and December 22, 2012. The National Salvation Front is asking supporters to vote NO.

Egyptian president Mohamed Morsy issued a law yesterday dividing the constitutional referendum into two stages. Ten governorates will vote in the first stage on 15 December: Cairo, Alexandria, Aswan, Assiut, Daqahlia, Gharbiya, Sharqiya, Sohag, South Sinai and North Sinai. The remaining governorates will vote on December 22d, 2012. These governorates include Giza, Qena, Beheira, Beni Suef, Damietta, Ismailia, Kafr al-Sheikh, Matrouh, Monufiya, New Valley, Port Said, Qalyubiya, Red Sea, Suez and Luxor.

The leader of the National Salvation Front is leftist politician Hamdeen Sabbahi. They want the referendum to take place over a single day. They have also asked for full judicial supervision, and have called for domestic, international, and NGO teams to supervise the vote. National Salvation Front Urges No Vote on the Egyptian Constitution (Egypt Independent)

Most judges have refused to supervise the vote in protest of Morsy's recent power grab. Egyptian expatriates began voting today, Wednesday, December 12, 2012. Morsy Issues Law Staggering Referendum Vote (Egypt Independent)

Meanwhile, the Egyptian Street remains outraged at Morsy's efforts to give himself more power. According to Nathan Brown, a professor at George Washington University, Morsy has paced all of his actions, and those of the constitutional assembly outside of judicial review. He has made it impossible to disband the constitutional assembly, and has effectively assumed legislative powers. Brown argues that the constituent assembly (or constitutional assembly) is dominated by Islamists. Morsy has reduced the pressure for the CA to reach a consensus document, and he is instead allowing the predominantly Islamist CA to force their version on the Egyptian opposition. As Egypt's Constitution Waits in Limbo, Morsy Grabs More Power (Carnegie Endowment)

Human Rights Watch states that the draft constitution provides for basic protections against arbitrary dentention and torture and for some economic rights, but fails to end military trials of civilians or protect freedom of expression and religion. One positive development is that the final draft does not require strict adherence to sharia with regard to women's rights (former article 68 has been removed). However, sex or gender is not a grounds for prohibiting discrimination in the new draft, and potentially interferes with women's choices about work and family. Egypt: New Constitution Mixed on Support of Rights (Human Rights Watch)

Meanwhile, thousands of demonstrators gathered in Alexandria yesterday to reject the referendum on the new constitution in front of the Haqaniyq Court. Further, thousands of opposition members marched from Hijaz Square in Heliopolist to the presidential palace last night to reject the referendum. More marches are scheduled beginning today. Opposition Protesters March Again (Egypt Independent)



Thursday, November 29, 2012

The Morsi Maneuver Part 2: Tahrir revolts against massive power grab


Marchers arrive in Tahrir to protest the Constitution



Dear readers, 

I have been watching the unfolding events in the past days with some trepidation, but not that much surprise. 

Morsi  has issued a sweeping decree on November 22, 2012 expanding his powers.  Opponents are furious, arguing that his declaration has made all his decisions immune to judicial review and banned the courts from dissolving the upper house of parliament and an assembly writing the new constitution, both of which are dominated by Islamists. The decree also gave Morsi sweeping authority to stop any ‘‘threats’’ to the revolution, public order or state institutions. The powers would last until the constitution is approved and parliamentary elections are held, not likely before spring 2013.  Egyptians Protest Morsi (Boston Globe)

His supporters argue that he is protecting the Revolution  Morsi has split Egypt down the middle (BBC)   According to the BBC, his supporters state that he merely took unchecked power away from the judiciary - which is still full of personalities from the Mubarak era - until the constitution is done and there are systems in place to allow the country to move forward.

Of course, when Morsi was elected, many people feared that exactly such a power grab would happen. Morsi is a complicated character. On the one hand, he was educated in America, and even taught at Cal State Northridge and is quite learned. On the other hand, he was a member of the Guidance Office of the Muslim Brotherhood before that organization became legal after the Revolution.  Times Interview with Mohamed Morsi. Unfortunately, his rhetoric, that he wants a civil, constitutional state, is not in line with his current actions.

The crazy thing is that it is not even Friday, and all hell has broken out in Tahrir. The most astute analysis I have heard comes from my old boss at AUC Dr. J--- B----. She says that 

"At this point, almost any scenario could be built. Morsi may realize he has to prove himself and show the courage to confront his own side and rebalance the constituent assembly, in which case he could pull if off if he demands unanimity or a super-majority on every provision, to force them to reach consensus or take it out. 
Conversely, the MB could militarize and we could have green shirts jack-stepping around Tahrir. 

Or we could have massive unrest and economic collapse.

Or the military could come back if things get dicey. 

He has really painted himself into a corner. We'll have to wait and see if he knows something we don't -- about the Gaza situation or the IMF, or whatever -- but he risks having all hell break loose if there are any more unpleasant surprises.  Word is MB HQs in 7 governorates all over the country were burnt.  One of the students also told me that the police and the army were shooting at each other at the head of Road 90 last week."

My analysis is that if Morsi knows something we do not, he needs to convey it to the left, to regain their trust. He has shown strength and statesmanlike behavior toward the conflict in Gaza,  Talks begin in Cairo after Gaza Cease Fire (NYT) and in relations with Iran, but his inability to manage the domestic front in his own country could neutralize Egypt's effectiveness as a foreign affairs powerhouse.   

Most worrisome is Morsi's attempt to maintain the work of the Constituent Assembly. As I have noted in previous posts, from day one, the Constituent Assembly has been heavily Islamist. With only 7 women on the Assembly to begin with, the Assembly clearly did not represent the interests of a majority of Egyptians. I noted my discomfort with the opposition parties and the Christian parties pulling out. Strategically, they should have stayed in and fought for a better CA. Nonetheless, if Morsi has his way, the current CA, which is even more Islamist now than when it was initially convened, will be in charge of a new constitution that certainly does not reflect the secular, mult-religious, modern nation of the Egypt we know and love. 

This blog is called Democratizing the New Egypt.  Morsi's behavior is not democratic, and is made even worse by the fact that there is no parliament currently sitting. It is true that the judiciary needs reform, and feloul in the judiciary need to be routed, but concentrating all of the nation's power in the executive is not the correct tactic. 

There is a silver lining to all of this: my beloved secular opposition is getting its second wind. As reported by the Egypt Independent, 

For almost two years, civil and secular groups were constantly blamed for being disunited and unorganized, paving the way for Islamists to rise to power after Hosni Mubarak’s ouster.

That changed this week as opposition leaders, former presidential candidates, secular liberal and leftist parties, and even some figures previously labeled as feloul — or remnants of the former regime — united against President Mohamed Morsy’s constitutional declaration, through which he claimed sweeping powers for himself, and formed the National Salvation Front.  Civil Groups Pounce Into Public Space (EI)
As one protester quoted by the BBC (article above) pointed out, “It's unfortunate that my demands are still same - bread, freedom and social justice. If Morsi doesn't get it, well, we have seen this movie before and all know where this is going to end.”

Credits: Huge thanks to my awesome graduate assistant Jillian Underwood for assisting with research and keeping me organized!