Final AHDR 2004 Eng.Indb

UNITED NATIONS DEVELOPMENT PROGRAMME ARAB FUND FOR ECONOMIC AND SOCIAL DEVELOPMENT ARAB GULF PROGRAMME FOR UNITED NATIONS DEVELOPMENT ORGANIZATIONS ARAB HUMAN DEVELOPMENT REPORT 2004 Towards Freedom in the Arab World

The Arab world finds itself at a historical crossroads. Caught between oppression at home and violation from abroad, Arabs are increasingly excluded from determining their own future. Freedom in its comprehensive sense, incorporates not only civil and political freedoms (in other words, liberation from oppression), but also the liberation from all factors that are

inconsistent with human dignity. To be sustained and guaranteed, freedom requires a system ARABHUMAN DEVELO of good governance that rests upon effective popular representation and is accountable to the people, and that upholds the rule of law and ensures that an independent judiciary applies the law impartially. The report describes free societies, in their normative dimension, as fundamental contrasts with present-day Arab countries. The enormous gap that separates today’s reality and what many in the region hope for, is a source of widespread frustration and despair among Arabs about their countries’ prospects for a peaceful transition to societies enjoying freedom and good governance. Moreover, persisting tendencies in Arab social structures could well lead to

spiralling social, economic, and political crises. Each further stage of crisis would impose itself PMENTREPORT 2004 as a new reality, producing injustices eventually beyond control. The Arab world is at a decisive point that does not admit compromise or complacency. If the Arab people are to have true societies of freedom and good governance, they will need to be socially innovative. Their challenge is to create a viable mode of transition from a situation where liberty is curtailed and oppression the rule, to one of freedom and good governance that minimises social upheaval and human costs, to the fullest extent possible. History will judge this a transcendent achievement through which the region finally attained its well-deserved freedom.

Assigned Sales number: E.04.III.B.5 ISBN: 92-1-126165-1 UNITED NATIONS DEVELOPMENT PROGRAMME ARAB FUND FOR ECONOMIC AND SOCIAL DEVELOPMENT ARAB GULF PROGRAMME FOR UNITED NATIONS DEVELOPMENT ORGANIZATIONS

THE ARAB HUMAN DEVELOPMENT REPORT 2004

Towards Freedom in the Arab World

Image on cover of cast copper statue head from Nineveh, copyright Hirmer Fotoarchiv München

All rights reserved. No part of this publication maybe reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of UNDP / RBAS

Available through: United Nations Publications Room DC2-853 New York, NY 10017 USA

Telephone: 212 963 8302 and 800 253 9646 (From the United States) Email: [email protected] Web: www.un.org/Publications Web: www.undp.org/rbas

Cover Design: Walid Gadow

Layout and Production: SYNTAX, Amman, Jordan

Printed at: National Press, Amman, Jordan

ISBN: 92-1-126165-1

Printed in the Hashemite Kingdom of Jordan

The analysis and policy recommendations of this Report do not necessarily reﬂect the views of the United Nations Development Programme, its Executive Board or its Member States. The Report is the work of an independent team of authors sponsored by the Regional Bureau for Arab States.

This work was originally published in Arabic. In any cases of discrepancies, the original language shall govern. Foreword by the Administrator, UNDP

The first two Arab Human Development cratic progress. In two key ways, however, the Reports published by the United Nations report has been more difficult to prepare than Development Programme and written by an its predecessors. First has been the limitation independent group of Arab scholars, poli- of the data. One of the central sources of infor- cymakers and practitioners have, rightly, mation was a specially designed survey to map become landmarks in the broader debate and out public attitudes to key aspects of reform. discussion over the future of the region. The Regrettably several countries declined permis- key diagnosis of the first report that the Arab sion for the survey to be carried out, resulting world is suffering three fundamental deficits in only a partial snapshot. Though most of the – in political rights, in women’s rights and in analysis in the report is not dependent on the knowledge – that have, together, held back survey this shortcoming inevitably hampered human development across the region has analysis of public attitudes and perceptions in now become widely accepted. The second the region. report then spelled out in compelling detail A second problem has been the exception- the first of these deficits, analyzing where ally rapid pace of events in the region itself. Arab knowledge production and dissemina- This is not in itself new – the first two reports tion systems were falling short and articulat- were prepared in the shadow of continued ing why Arab states need to turn outwards violence in the occupied Palestinian Territory and engage with the outside world to make and then the invasion of Iraq, both of which learning and research key drivers of social and have had broad repercussions throughout the economic innovation in the future. Arab world. However, given the central con- Those two reports succeeded more spec- viction of the authors across all the reports tacularly than we could have imagined in the that lasting and sustainable reform in the Arab scale of their impact. They were the talk of world needs to come from within, the intensi- coffee shops and cabinets, boardrooms and fication of both conflicts over the past year and world TV talk shows. More broadly, they the fierce reactions they have provoked across were a media and publishing phenomenon, the region have led to a deep concern on the stimulating formal debate from the G8 sum- part of the authors that the broad agenda of mit at Sea Island, Georgia, to civil society reform, and enhanced human development, meetings in Sana’a and Alexandria among was being retarded rather than accelerated. many other gatherings. Above all, in a region At the same time, as a result of the high where disagreement, sometimes violent, has visibility of the reports, the very process of been too often the norm of political discourse, writing this AHDR has been a source of sig- longtime opponents found a lot to agree about nificant public, and, unfortunately, highly in them. And that has been the real power politicized and often inaccurate speculation. of the Reports: starting to build a consensus While reflecting the tremendous difficulty of around reform. writing a neutral, fact-based report in such an This report, the third in the series, seeks environment, this has inevitably created some to focus on the thorny issues of freedom, good tensions for UNDP given its fundamental governance and political reform. Drawing on character as a development rather than politi- a mixture of survey data and other research cal institution. As a result, while the process it seeks to map out the challenges and con- has clearly demonstrated the need for a neu- straints to moving forward on a path of demo- tral, international platform of the kind UNDP

I is able to provide, it has also shown the limita- of this year’s report, however, I feel it neces- tions of such an approach and the need for sary to state that some of the views expressed a longer-term formula that would, in time, by the authors are not shared by UNDP or the allow for wider ownership and institutional- UN. Nevertheless, the very strength of this ization of the Reports as a representative voice report and the success of its predecessors has of Arab civil society - a report written in the depended on their being seen as an authentic region and owned by the region. reflection of views and analysis of many of the In this context, as we have made clear since most thoughtful, reform-minded intellectual launching this initiative and other discussions figures in the Arab region. In that sense, this of this kind, the AHDRs are, deliberately, not report clearly reflects a very real anger and formal UN or UNDP documents and do not concern felt across the region that needs to reflect the official views of either organization. be urgently addressed if we are to reach our Rather, they have been intended to stimulate shared goal of helping to build a peaceful, and inform a dynamic, new public discourse democratic region able to meet the needs and across the Arab world and beyond. In the case aspirations of its citizens.

Mark Malloch Brown. Administrator, UNDP

II Foreword by the Regional Director, UNDP Regional Bureau for Arab States

The Arab Human Development Reports con- show that Arabs can recognize and overcome tinue to examine the factors that prevent their own weaknesses. Self-reform originat- an Arab renaissance from taking off, and to ing in balanced self-criticism is the only vi- search for those that could empower it to able path towards a robust and independent advance and progress. In this third install- region. ment in the series, the Report focuses on the Despite such difficulties, or perhaps be- issue of freedom in the Arab world and its cause of them, the authors remained con- relationship to good governance and human vinced that their vision of this Report, in all development. essentials, was correct. They studied the The road to AHDR 3 has been long, event- scene of freedom in different theatres in the ful and lined with several obstacles. No sub- Arab world, and found them deficient in some ject excites stronger feelings in the region than areas and seriously deficient in others, such as that of freedom, whether among those denied political and civil liberties. Generalized viola- it or among those who violate and confiscate tions, moreover, become harsher when they it. No public discourse on any issue is more concern those religious or ethnic groups that watchfully invigilated by the authorities, or are excluded from citizenship or rights. While more tightly encircled by penalties that push some foreign factors including occupation some to exercise self-censorship, in speech which usurps the roots of freedom, helped to and thought, wherever the discussion relates establish a climate of oppression in some Arab to freedom. The difficulties are magnified countries, there are legal, economic and politi- when the definition of freedom is expanded, cal structures within Arab societies that con- as in the case of this Report, to include the tinue to prevent Arabs from enjoying rights freedom of society and nations where liberty and freedoms that were enshrined in their is confronted by powers intolerant of dissent, values, culture and religion well before the diversity and independent thinking. promulgation of the International Declaration Those in our region who demand freedom, of Human Rights. Sadly, what Arab constitu- and who struggle for it, may be in the major- tions grant, Arab laws frequently curtail. And ity; however, those who stifle it are stronger, what laws render legal, actual practice often more powerful and have better means. They violates. People are thus besieged in their own not only possess the means to oppress, mar- country, their takeoff is held back, their devel- ginalize and impoverish, but they also control opment is blocked, and their nation is weak- key forums and are able to recruit those adept ened. at twisting various texts to perpetuate their in- There are, however, enlightened contem- terests and at bending intellectual norms and porary movements working for a transforma- theories in order to prohibit freedom and per- tion to societies where human rights reign mit its confiscation. supreme, freedoms flourish and the rule of law There were those who genuinely feared strikes deep roots. In the past year the Arab that the Report might be used to serve the in- world witnessed unprecedented initiatives terests of powers willing to transform causes aimed at changing the status quo. Some, such honourable in their intent, design and aims as the resolutions of the Arab Summit, were into goods in political bargains. The Report formal while many others came from civil and team, however, felt that the best way forward political society. The report also notes a num- was not to turn a blind eye to reality, but to ber of positive developments particularly in

III the field of education and the empowerment I wish to express my sincere thanks to of women. those Arab states that allowed the Report As part of its now-customary method, the team to carry out our field survey on free- Report does not stop at diagnosing obstacles to dom, which raised the standard of this aspect rights and freedoms. It outlines a broad-based of our research: I salute here Algeria, Jordan, strategic vision of how to rationalize efforts to Lebanon, Morocco and Palestine. strengthen freedom in the Arab world and to I am especially grateful to all who partici- reinforce the pillars of good governance. pated in the preparation, review, translation This vision focuses on widening the politi- and editing of AHDR3. I would like also to cal space in order to move societies towards express my sincere thanks to a number of Arab the peaceful alternation of power and on cre- intellectuals, whose joint concern for Arab ad- ating a strong legal and institutional structure vancement prompted them to make enriching in support of freedom, The first step in this contributions to the Report. My gratitude also direction is to launch the key freedoms of goes to the Core Team for its innovative ef- opinion, expression and organization, to put forts and to its leader, Dr. Nader Fergany for an end to all forms of discrimination against his distinctive work and persistent follow-up social groups, to abolish emergency rules and through all its stages. I owe a sincere vote of to ensure the independence and fairness of the thanks to the Advisory Board for its expert di- justice system. rection and informed advice, which - as usual No matter how hard I try, I will not be - added depth and originality to the Report. able to do justice to the collective effort that I am particularly grateful to Mr. Mark this Report represents. But like any human Malloch Brown, the Administrator of the endeavour, however true and worthwhile, this United Nations Development Programme effort remains open to refinement and correc- (UNDP), for his courageous decision to allow tion. The authors do not claim to have arrived a publication attended by obvious political at any form of final truth about the state of risks to appear bearing the emblem of the or- freedom and governance in the region. Their ganization. In upholding the authors’ right to goal has been to promote, within the limita- an uncensored international platform while tions of this sensitive arena, as thorough and reserving his right to disagree with them on objective a discussion on the challenges fac- some matters, he has provided an immaculate ing Arab societies and the means to overcome example of what free expression truly means. them. I would also like to thank my colleagues in the It is especially important to make the issue Regional Bureau for Arab States, and in par- of freedom the subject of a constructive de- ticular Mr. Zahir Jamal, Chief of the Regional bate in our societies. Important and urgent, Programme Division, for their dedication, for freedom is not only the most instrumen- hard work, and untiring support to the pro- tal of enabling human rights anywhere in the duction of the Report series. Finally, I would world, but in our region, it is also, increas- like to express my great appreciation of our ingly, the most fragile. enduring partnership with the Arab Fund for Lastly, I hope that readers will excuse us Economic and Social Development. It is also if, because of the delay in issuing this Report, a great pleasure to welcome to the series our they find that some events reported in Part new regional partner, AGFUND, and to ex- I have been outpaced by fast-moving devel- tend my warm appreciation to its President, opments in the region. Hopefully, the next His Royal Highness, Prince Talal Bin Abdul report in the series, on the empowerment of Aziz, for his vision in electing to co-sponsor Arab women, will be an opportunity to make these efforts on behalf of the Arab peoples. amends.

Rima Khalaf Hunaidi Assistant Secretary General and Assistant Administrator, Regional Director, Regional Bureau for Arab States, United Nations Development Programme

IV Foreword by the Director General and Chairman The Arab Fund for Economic and Social Development

The first Arab Human Development Report development extend to include the whole of diagnosed the crisis facing human develop- society. ment in the Arab world and highlighted key Emphasizing the rule of law, enhancement deficits in the fields of knowledge acquisi- of freedom, independence of the judiciary, tion, freedom and women’s empowerment. equal opportunities, at all levels, will enhance The Second Report elaborated in details the the prospects of successful development in the issues of knowledge and the establishment of Arab states. This will be an essential factor to a strategic vision to develop it. Both reports accelerate the regions integration in the global were highly appreciated at the Arab and inter- trends of political, economic, human and cul- national levels, for their contribution to the tural development. revival of a deep and constructive dialogue Although this report may not necessar- with a vision to develop and advance our ily represent the views of the Arab Fund for Arab society. Economic and Social Development, it de- The Report at hand is the third in this series cided to participate with the United Nations of Human Development Reports. It addresses Development Program in issuing this report the issue of freedom from several perspec- out of a sense of conviction in the importance tives, its dimensions, intellectual foundations, of free dialogue in building societies, and to- legal and political structures, its regional and wards achieving economic and social advance- international and the future vision. ment. Effective participation and positive action Despite the serious obstacles and chal- at all economic and social spheres is known lenges that are facing Arab development at to increase people’s capabilities and poten- the present time, this air of pessimism should tials. Exercising freedom within institutional not dominate our minds and visions for the fu- frameworks and good governance is the most ture. The Arab states nonetheless have made catalytic factor for achieving these capabili- important economic and social achievements ties and potentials. Therefore, the goal of this during the past few decades. In this regard, report, in our opinion, is to review elements one should also recall the dark periods of co- of Governance, as one of the pillars of reform lonialism, poor economic, ﬁnancial and social that will result in achieving progress in every situations in which the countries of the region respect. were at the eve of independence. The basis and programs of reforming the We have great conﬁdence in the ability of institutional structure and good governance the Arab states to enhance their progress in must come from within and in harmony with confronting the major challenges facing their the history and heritage of each country. citizens. We may differ in the methodologies These reforms must affect all social struc- and visions, but we should never differ over tures starting from the individual, the family the fact that serious efforts towards more to the social groups that constitute the whole openness, freedom and physical and human national society. Several country level experi- development is the key to progress in all so- ences demonstrate that success was achieved cieties. only when commitments to the principles of Finally, I extend my sincere thanks and

V appreciation to all those who participated in to the Arab Gulf Programme for the United the preparation, discussion, revision and is- Nations Development Organizations suance of this report in the form that we see (AGFUND) for its contribution to this seri- it today. I would like also to express my high- ous work. est appreciation and consideration to the We pray to Allah to guide to the right United Nations Development Programme actions and lead us greater success. for sponsoring this distinguished effort and

Abdel Latif Youseff El Hamed Director General / Chairman of the Board of Directors Arab Fund for Economic and Social Development

VI Foreword by HRH The President of the Arab Gulf Programme for United Nations Development Organizations (AGFUND)

The transparency we believe in and subscribe governance, and enabling women. The second to prompts me to admit a sense of ten- report dealt in some detail with the various di- sion when we agreed to contribute to the mensions of the first issue, i. e. the acquisition, funding of this edition of the Arab Human reproduction and dissemination of knowledge. Development Report. This conflict was in no The third report comes in the same scientific way personal in nature. For the content of context, taking the question of consolidating the Report and its pivotal theme – Freedom freedom and safeguarding it by good govern- and Good Governance – are core issues that ment as a pivotal theme for thoughtful inves- have been of great interest to us for decades tigation and prudent and perceptive analysis. at the personal, institutional and public levels. The Report examines the status of freedom The positive momentum caused by the First and rights in our Arab homeland, and scruti- and the Second reports led us to contribute nizes its institutional structures in the legisla- to the launch of the third, which gives an tive, legal and political areas in their national, in-depth analysis of the call for freedom and regional and international frameworks. It also the indispensable governance institutions and suggests guidelines for a strategic vision for strengthens their significance in our societies. desired and possible alternative prospects for The conflict stems mainly from differ- freedom and governance in the Arab states. ences between longtime convictions on the Freedom, and its various facets and mani- one hand, and the attitudes, whether favor- festations, and the ways in which it could be able or guarded, toward the Report’s con- protected and strengthened by good gover- tent, its rigorous scientific methodology and nance, represents one of the motives that en- statistical data on the other. What we and all couraged us, decades ago, to put in our modest sincere people hope for is that such conflict share and contribution to bring about reform be resolved in a manner consistent with the in the Arab World. Our mission has centered spirit of transparency and self-criticism. Since on providing support to sustainable human we have rejected all the pressures exercised development efforts, targeting the neediest from all directions to obstruct the launch of groups in the developing countries, including this Report, we should at least avoid making the Arab region. Our support efforts have similar mistakes. As the conventional wisdom covered a wide range of deprived communi- says, “it is greatly disgraceful and discreditable ties, particularly women and children, in co- if you advise against a particular conduct and operation with the international development allow yourself to do it all the same!” Although organizations, local associations and other in- we do not agree with some of the items in this stitutions active in the field of human develop- Report and have our own views about them, ment. These efforts, we hope, have left their we would still support its launch in order not impact on the quality of life of tens of thou- to lock away the other point of view. sands of people in disadvantaged segments of The comprehensive first Arab Human de- society, and helped save them from dire need, velopment Report came to the conclusion that severe disease and dismal ignorance. three fundamental deficits stand in the way One of our prime concerns has been the of Arab development in the Arab countries; promotion of serious studies that shore up the in the areas of knowledge, freedom and good development process and examine both the

VII incentives and the obstacles in its way. We and any attempt to substitute this process therefore believe that the successful launch- by cosmetic touches that do not touch upon ing of the third issue of the Arab Human the essence of the pressing issues, and do Development Report series tones with not respond to the grave challenges at hand. and complements our call for bridging the The result will extend yet another invitation gaps in strategic studies in the Arab region. to foreign forces and schemes bent on exer- Sustaining this venture poses great chal- cising further control of the resources and lenges and requires resolute determination destinies of people in the Arab World. and unshakable will. Much like its predecessors, this Report We have often stated and on various oc- will perhaps stimulate debate with a view to casions that human rights go hand in hand evolving development and reform visions. with human dignity, and that citizenship The need for such strategy is all the more remains incomplete unless it is enhanced pressing now if the Arab World wishes to by human rights. We have furthermore join the development-oriented efforts and, stressed that democracy is an essential com- specifically, move closer to the Millennium ponent of the human heritage, and an indis- Development Goals in order to fulfill the as- pensable mechanism for reform. No serious pirations of our societies. The first step is to dialogue could be initiated and maintained draw up strategies based on a rigorous anal- and brought to fruition outside an envi- ysis of the situation and guided by science, ronment of political, economic and social knowledge and good governance, through reform, and without democratic practices support generated by local, regional and and cultural open-mindedness. We have international partnerships. The Arab world also emphasized that rational dialogue and must also embark on bold reforms in the debate inside and amongst us is an essential main pillars of the state on the basis of prerequisite for a credible dialogue with the transparency, accountability and sound and outside world. proper policies. The authors of this Report who repre- We have great expectations of the grow- sent a team of competent scholars and in- ing, confident and forward-moving forces of tellectuals from all over the Arab World, change in Arab life. High hopes for a better recognize that the way out of the grim sta- future are also pinned on the enlightened tus quo towards a peaceful entry into the initiatives and trends that are unfolding and gates of freedom and good governance is emerging among officials and reformers in an arduous, protracted process that cannot government institutions in our contempo- be accomplished overnight. However, we rary societies, and among civil society activ- are fully aware of the consequences of any ist alike. delay or obstruction of the desired reform,

Talal Bin Abdul Aziz President The Arab Gulf Programme for United Nations Development Organizations AGFUND

VIII Report Team

Advisory Board Rima Khalaf Hunaidi (Chair), Ahmed Kamal Aboulmagd, UNDP RBAS / UNOPS Farida Allaghi, Nabil Alnawwab (Economic and Social Uzma Ahmed, Dena Assaf, Moez Doraid (Report Commission for Western Asia), Mustafa Omar Attir, (the Coordinator), Jacqueline Estevez-Camejo, Melissa Esteva, late) Mervat Badawi* (Arab Fund for Economic and Social Ghaith Fariz (Report Coordinator), Oscar Fernandez- Development), Mustafa Barghouthi, Farida Bennani, Taranco, Jacqueline Ghazal, Randa Jamal, Zahir Jamal, Mary Mohamed Cherfi, (the late) Mamdouh Edwan**, Munira Jreidini, Azza M. Karam, Madi Musa, Maen Nsour, Win Min Fakhro, Ziad Fariz, Mohammed Fayek, Burhan Ghalioun, Nu, William Orme, Ahmad Ragab, Gillman Rebello, Nadine Fahmy Howeidy, Nasser Kahtani (Arab Gulf Programme Shamounki, Amal Tillawi. for United Nations Development Organizations), Taher H. Kanaan, Atif Kubursi, Clovis Maksoud, Amin Medani, Editorial Team Abdelouahab Rezig, Ghassan Tuéni. Arabic Version: Fayiz Suyyagh English Version: Barbara Brewka, Zahir Jamal Core Team Nader Fergany (Leader), Abdelwahab El-Affendi, Mohamed Implementation of the freedom survery Nour Farahat, Marie Rose Zalzal. - Middle East Marketing and Research Consultants (MEMRC) / Amman, Jordan (Coordination + Questionnaire Contributing Authors Design & Unifying Data Files). Marie-Thérèse Abdel-Messih, Ali Abdel Gadir Ali, Mustapha - Societe D’etude De Realisation De Consultants (SEREC)/ K. Al Sayyid, Abdallah Al Ashaal, Amna Rashed Al-Hamdan, Casablanca , Morocco. Habib Al-Jenhani, Majid A. Al-Moneef, Nabil Alnawwab, - Jerusalem Media and Communication Center (JMCC) / Siham Abdulrahman Alsuwaigh, Mohsen Awad, Azmi East Jerusalem, Palestine. Bishara, Hafidha Chekir, Georges Corm, Abdelwahab El- - Statistics Lebanon Ltd. / Beirut, Lebanon. Affendi, Jalila El Ati, Mohamed Mahmoud El-Imam, Khalida - Cabinet Tiers – Consult / Alger. Sa’id Esber, Mohamed Nour Farahat, Rafia Obaid Ghubash, Abdelaziz Guessous, Salah El-Deen Hafez, Mustafa S. Hijazi, Statistical tables on human development in Arab Fahmi Jadaan, Taher H. Kanaan, Abdalla Khalil, Mohammad Abdalla Khalil, Atif Kubursi, Jonathan Kuttab, Amina countries Lemrini, Maryam Sultan Lootah, Mohammed Malki, Mohamad Baquer Khadija Marouazi, A.Hussain Shaban, Alla Eldin Shalaby, Marie Rose Zalzal. Translation Team June Ray (Coordinator), Sara Ansah, Marilyn Booth, Readers Group Humphrey Davies, Shohrat el-A’alem, Bruce Inksetter, (Arabic) Nehad Salem. Khalid Abdalla, Farid Abdelkhalek, Kamal Abdellatif, Madawi Al-Rasheed, Abdulkarim El-Eryani, Haytham Cover Design Manna, Mohamed Sid-Ahmed, Naila Silini. Designer: Walid Gadow, Calligraphy and Graphics: Mamoun Sakkal. (English) Ziad Hafez, Michael Hudson, Santosh Mehrotra, Omar Technical Consultant for Design and Printing Noman, Mary Rose Oakar, Marina Ottaway, John M. Page, Hassan Shahin Alan Richards, Ngaire Woods.

* Mervat Badawi: Exceptional lady who bestowed profound knowledge and care on the Arab Human Development Report since its inception but departed our world when this report was about to appear. ** Mamdouh Edwan: Distinguished Arab poet who has not been dettered by terminal illness from actively participating in the delibera- tions of the AHDR 3 Advisory group.

IX Contents

Foreword by the Administrator, UNDP I Foreword by the Regional Director, UNDP/Regional Bureau for Arab States III Foreword by the Director General and Chairman, Board of Directors, Arab Fund for Economic and Social Development V Foreword by HRH The President of the Arab Gulf Programme for United Nations Development Organizations (AGFUND) VII

PREFACE 1 THIS REPORT 1 Introduction 1 Freedom and Human Development 1 The Main Conclusions of the First and Second Arab Human Development Reports 3 Contents of this Report 3 EXECUTIVE SUMMARY 5 Introduction 5

Changes In Human Development Since The Launch Of AHDR 2003 5 Calls For Reform Intensify 5 A Constraining Regional and International Environment 6 Israeli occupation of Palestine continues to impede human development and freedom 6 The impact of the occupation of Iraq on human development 7 Addressing The Three Deﬁcits: Progress and Reversals 7

The State Of Freedom And Good Governance 8 The State Of Freedoms and Rights 8 Civil and Political Freedoms: From Deﬁcient to Seriously Deﬁcient 9 The denial of individuals’ fundamental freedoms 9 Exclusion from citizenship 10 Abusing minority rights 10 Women doubly excluded 10 Unmet Economic and Social Rights 10 How Far Do Arabs Believe That They Enjoy Freedom? 11

Structures Impeding Freedom 11 Region-Specific Problematic Issues 12 The contradiction between freedom in Arab countries and narrow global interests 12 Freedom shorn of effective advocates 12 Appropriating religion to perpetuate tyranny 12 “The trap of the one-off election” 12 Specificity as a pretext for slighting human rights 13 The Legal Architecture 13 Constitutions granting rights and laws confiscating them 13 And constitutions flatly violating rights 14 The Political Architecture 15 The “black-hole” State 15 The crisis of legitimacy 16

X Repression and political impoverishment 16 The vicious circle of repression and corruption 17 Societal Structures 17 The chain that stiﬂes individual freedom 17 A mode of production that strengthens authoritarian governance 18 A longing for freedom and justice in popular culture 18 An Inhospitable Global and Regional Environment For Freedom 18

A Strategic Vision: Alternative Futures For Freedom And Governance In Arab Countries 19 Alternative Scenarios 19 The impending disaster scenario 19 The “Izdihar” alternative 19 The “Half Way House” scenario: the accommodation of external reform 20 Reforming Arab Societal Structures to Guarantee Freedom 20 Internal reform 20 Changes at the pan-Arab level 21 Governance at the global level 21 Achieving Peaceful Political Alternation in Arab Countries 22 Epilogue: the furthest lotus tree 22

PART I CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 25 Introduction 25

Arab Initiatives To Promote Region-wide Reform 25 Ofﬁcial Arab Reform Efforts 25 Formal initiatives 25 Civil Society Reform Initiatives 26 The Struggle Waged By Civil and Political Forces in The Arab World 26 Freedom and respect for human rights 26 Stronger grass-roots participation 27 Towards political reform 27 Towards peace 28

External Attempts At Change: The Broader Middle East Initiative 29

The Regional and International Context 29 Israeli Occupation of Palestine Continues to Constrain Human Development and Freedom 30 Violations of the right to life 30 Violations of human rights and individual and collective freedoms 31 Social and economic losses 31 The separation wall undermines human development 32 Looking to the Future 33 The Impact of the occupation of Iraq on Human Development 33 Absence of security and violations of the right to life 33 The right to freedom 34 Mis-treatment of prisoners of war and detainees 34 Dismantling the Iraqi State structure 35 Looking to the future 35

XI The escalation of terrorism 35

Addressing the Three Deﬁcits: Gains and Setbacks 36 Knowledge Acquisition 36 Freedom and Governance 38 Signs of political openness 38 Indications of a regression in popular participation 39 Freedoms constrained 39 Freedom of civil society organizations 40 Restrictions on the media 40 Rights of subgroups: Darfur 41 Protest by intellectuals 41 The Empowerment of Women 41

Conclusion 43

PART II - REINFORCING FREEDOM AND ESTABLISHING GOOD GOVERNANCE 45 Section 1: Analytical Framework: Freedom, Good Governance and Human Development 45

CHAPTER ONE THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 47 Introduction 47

Freedom in Western Liberal Thought: From Individual Freedom to Human Development 47 The Primacy of Individual Liberties 47 Individual Freedom and Societal Regulation 48 The essence of democracy and democratic transition 48 Problematic Issues of Freedom: Liberalism and Democracy, Attributes of Majority Rule 49 The danger of tyranny of the majority 49 Tension between Freedom and Democracy? Or Democracy without Freedom? 50 Freedom and the Other Ultimate Human Goals 50 Freedom as Human Development: Reconciling Individual Freedom with Institutional Arrangements 51 Corporate governance and human development 52

Freedom in Arab Culture 53 Freedom in Arab History 53 Religious Freedom 53 Political Freedom 54 Social Freedom 54 Economic Freedom 54 Freedom in the Modern Context 54 From Freedom to Emancipation 55 Freedom From an Islamic Perspective 56 Freedom and Liberation 58 The Rights of Freedom 59 The Arab Renaissance and the Challenge of Freedom 60

The concept of freedom and good governance in this Report 61

XII CHAPTER TWO

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES. 65 Introduction 65

The Tension Between Freedom and Democratic Institutions in the Arab World 65

The Contradiction Between Freedom in Arab Countries and the Interests of Dominant Global Powers 65 The Crisis of Democracy After September 11 67

Freedom Bereft of Organized Support 67

“Oriental Despotism” and the Arab Societal Context 68

Democracy and Religion 68 Democracy and Islam: Potential for Harmony 69

Democracy and the Arab Region: The Trap of the One-off Election 71

Freedom and Human Rights 71 The Importance of the Human Rights System 71 International Human Rights Law 72 The Applicability of International Human Rights Law to Arab Countries 74

The Challenge of Peaceful Transition to a Society of Freedom and Good Governance in the Arab Countries 77

PART II, Section 2: The State of Freedom and Governance in Arab Countries 79

CHAPTER THREE THE STATE OF FREEDOMS AND RIGHTS 81 Introduction 81 81 Freedoms and Human Rights 81 Structural Constraints on Freedom 82 Flawed structure of Arab nation-states 82 Political constraints on the authority of the human rights system 82 The crisis of citizenship 83 National Freedom 83 Civil and Political Freedoms in Arab States 84 Freedom of opinion, expression and creativity 84 Stiﬂing creativity 85 Freedom of association: civil society institutions 87 Freedom to form political parties 87 Freedom to form associations and surveillance of their activities 87 Trade unions and professional associations 88 The right to participation: 88 Individual Freedoms 89 Freedom of opinion and belief 89 Freedom of privacy and personal life 89

XIII Denial of Fundamental Individual Freedoms 90 Violation of basic rights 90 The right to life 90 The right to liberty and personal safety 90 The right to a fair and impartial trial 91 Exclusion from citizenship 91 Deprivation of citizenship 91 Abusing the rights of minority groups. 91 Women doubly excluded 92

Social and Economic Rights 93 The Right to Lead a Long, Healthy Life 94 The right to food and adequate nutrition: 94 The right to a healthy life 95 Physical health 95 Psychological health 96 The right to acquire knowledge 96 The quality of education and health services in Arab countries 96

Perceived Enjoyment of Freedom in Contemporary Arab Opinion, Freedom Survey 2003 97 The Perception of Freedom Among Contemporary Arabs 97 Extent of Enjoyment of Freedom at the Time of the Survey (2003) 100 Perceived Change in the Enjoyment of Freedom in Contemporary Arab Opinion 100

PART II, Section 3: The Societal Context Of Freedom And Governance 105

CHAPTER FOUR THE LEGAL ARCHITECTURE 107 Introduction 107

The Institutional Architecture of Freedom and Governance 107

Arab States and International Human Rights Standards 107

Legislative Regulation of Freedoms in Arab Constitutions 109 Law and Justice, Public Order and National Security as Excuses to Limit Freedom 109 Overview of Arab Constitutions 109 Freedom of Opinion and Expression 109 Freedom to Form Associations and Freedom of Peaceful Assembly 110 Freedom to Form Political Parties 110 The Human Right to Litigation and the Principle of the Independence of the Judiciary 111 The international perspective and the Arab constitutional reality 111 The legal profession and public freedoms 113 Right of Nationality 114 Personal Rights 114 Constitutional Violations of Human Rights 115

Legislative Restrictions on Human Rights in Arab Legislation 116 Legislative Restrictions on the Right of Peaceful Assembly 116

XIV Legislative Restrictions on the Right of Political Organization 117 Legislative Restrictions on Freedom to form Associations 118 Restrictions on Freedom of Opinion, Expression and the Press in Arab Legislation 118 Pre-censorship and suspension by administrative decision 119 Curtailment of freedom on the pretext of security 119 Denying the right to obtain information 119 Harsher conditions for newspaper publication 120 Legal Restrictions on Public Freedoms During a State of Emergency 120 Legislative Regulation of the Role of the Judiciary in Protecting Human Rights and Freedoms 121 Independence of the judiciary (legislative regulation and practice) 121 Exceptional courts 123

The Impact of Authoritarian Power Relations on Freedom and Human Rights 123

CHAPTER FIVE THE POLITICAL ARCHITECTURE 125 Introduction 125

The Crisis of Governance in Arab Countries 125 Characteristics of Authoritarian Governance 125 The “black-hole” State 126 Extra-judicial Controls 127 Tracing the Flaw 128 The Crisis of Legitimacy 129

Repression and Political Impoverishment 131 Weakening of Political Parties 131 The Marginalization of Civil Society 132 The status of Arab civil society 132

The State of Corporate Governance in the Arab World 133 Transparency 133 Accountability 134 Inclusiveness 134 Corporate governance and Arab stock markets 135

The vicious Circle of Repression and Corruption 135 Contours of Corruption in Arab Countries 137 Petty Corruption 137

The Arab Countries in the Global Context of Governance, 2002 138

The Debate on How to Reform 140 The Discourse on Reform 141 Change from the top or at grass-roots? 141 External versus internal 141 The Optimum Choice 142 Bridging the gap between political forces 143

XV CHAPTER SIX ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 145 Introduction 145

Societal Structures 145 The Chain that Stiﬂes Individual Freedom 145 Clannism (al-‘asabiya) in Arab Society—the Authoritarian Paternalist System and the Family 145 Education 147 Freedom in the content of education in three Maghreb countries 148 The World of Work 149 The Political Realm 150 Poverty and the class structure 150 Is this stranglehold eternal? 151 A Mode Of Production that Reinforces Authoritarianism 151 The Longing For Freedom and Justice in Popular Culture 153

The Global and Regional Context 154 Globalization and Freedom 154 Governance at the Global Level 155 The Impact of the “War on Terror” on Freedom 156 Governance at the Regional Level 157

PART II, Section 4: Towards Reinforcing Freedom and Establishing Good Governance in the Arab Countries 161

CHAPTER SEVEN A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 163 Introduction 163

Grounds for Peaceful and Deep Political Alteration, Alternative Futures 163 Reasons for Change 163 Alternative Arab Futures 164 The impending disaster scenario: maintaining the ‘Status Quo’ 164 The ideal scenario: the “Izdihar” alternative 164 The “Half Way House” scenario: the accommodation of external reform 165 How to Deal with Reform Initiatives from Outside? 165

Universal Features and Aims of the Desired System of Governance 166

Reforming Arab Societal Structures to Guarantee Freedom: 166 The Internal Challenge 166 Enhancing the legal and institutional foundations that underpin freedom 166 Adherence to international human rights law 167 Binding the ruling authority to the rule of law 167 Guaranteeing freedoms and rights at the heart of the constitution 167 Strengthening civil and political rights in law 168 Guaranteeing the independence of the judiciary 169 Abolishing the state of emergency. 169 Guarantees for personal freedom 169 Ending discrimination against societal groups 170

XVI The Political Architecture 170 Problematic issues in guaranteeing sound democratic arrangements 170 Code of Conduct for Societal Forces on the Path to Reform 171 Obligations of the State: 171 Obligations of the political élites: 171 Obligations of civil society: 171 Parliamentary representation: 172 Reforming Arab Institutional Performance 172 Correcting the Arab Development Trajectory 173 The Reform of Corporate Governance 173

At the Pan-Arab level 174 Liberation from Occupation 175

Governance at the Global Level 176 A Role for the UN and Other International Agencies 177

Achieving Peaceful Political Alternation in Arab Countries in Order to Build Freedom and Good Governance: the ‘Izdihar’ Scenario. 177 Act 1: Liberation of Civil Society, Laying the Foundation for Comprehensive Legal and Political Reform 178

Epilogue: the Furthest Lotus Tree 179

REFERENCES 181

ANNEX 1: MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 191

ANNEX 2: SELECTED DOCUMENTS 215

ANNEX 3: LIST OF BACKGROUND PAPERS 233

ANNEX 4: STATISTICAL TABLES ON HUMAN DEVELOPMENT IN THE ARAB COUNTRIES 234

LIST OF BOXES P1 Freedom and good governance: an historical legacy 2 1 Declaration on the Process of Reform and Modernisation in the Arab World (excerpts) 26 2 The Arab people’s views on the importance of the Palestinian question 30 3 Unnoticed Losses 31 4 World Bank President Finds Israel’s Conduct Shameful 31 5 By Law, This Wall Should Come Down - Findings of the International Court of Justice (ICJ). 32 6 Israel’s Restrictions on Churches in the Holy Land 33 7 Conclusion of the Taguba Report 35 8 Quality Assessment of Primary and Middle Education in Mathematics and Science (TIMSS 2003) in the Arab World RAB01/005/A/01/31 36 9 “Development” of the University of the United Arab Emirates 36 10 An Assessment of Business Administration Programmes in Arab Universities 37 11 The Moroccan Family Code 42 1-1 Natural Human Rights 47 1-2 Freedom of opinion as a sacred right 48

XVII 1-3 Ahmed Kamal Aboulmagd: The principle of equality 51 1-4 Al Kawakibi: Freedom and Dignity 55 1-5 Naseef Nassar: The Reconstruction of Liberalism 60 1-6 Freedom for its own sake 61 1-7 The Charter of Medina 62 1-8 Setting the deviant ruler straight 63 1-9 Al-Kawakibi: Importance of holding the ruling authority accountable 63 1-10 Corporate governance 63 1-11 Taha Hussein: Freedom and Independence 64 2-1 The Reasons behind the Failure of Democracy in Arab Countries: Perceptions of a Western Scholar 66 2-2 Abdallah al-Arawy: Freedom and Liberalism in the Arab Context 67 2-3 Ibn al-Qayim al-Jawziya: On welfare 69 2-4 Imam Muhammad Abdu: The Legitimacy of Elections 70 2-5 Ayatollah al-Mohaqiq al-Naeeny: An Opinion Concerning Conditionality or Constitutionality 70 2-6 Boasting about human rights while destroying them 71 2-7 Declaration on the Right to Development Adopted by General Assembly Resolution 41/128 of 4 December 1986(excerpts) 71 2-8 Muhammad Shahrour: A Word About Freedom 73 2-9 The Pact of the Virtuous (Hilf al-fudul) 74 2-10 Human rights: universality and specificity 74 2-11 The Contribution of Arab States to the Universal Declaration of Human Rights and the Two International Covenants 75 2-12 Haytham Manna’a: The Books of Tribulations 76 2-13 Freedom and Emancipation 77 2-14 Timing the call for freedom 77 3-1 Ali Ibn Al Hussein: The Epistle on Rights 81 3-2 Marwan al-Barghouti (from his prison cell): I will overcome the cell and the occupiers 84 3-3 Al-Manfaluti: The value of freedom that has been stolen 86 3-4 Khalida Said: Creativity - Between Consciousness and Dreams 87 3-5 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, 1999 (excerpts) 89 3-6 Freedom Survey, Arab Human Development Report 98 4-1 The right to form political parties 110 4-2 Constitutional restrictions on rights 115 4-3 Restrictions on the rights to assembly and association 117 5-1 Muhammad Al-Charfi: Arab democracy - form without substance 130 5-2 Capital market legal reforms 135 5-3 Moncef Al-Marzouqi: Giving democracy every chance 142 6-1 Education and Human Rights in Arab Countries 147 6-2 Educational Development in Tunisia 150 6-3 Omar ibn Abd al-Aziz: Justice and the law, not the sword and the whip 150 6-4 Counsellor Yahya al-Rifai: Justice Above Might 156 6-5 The UN Special Rapporteur on Terrorism and Human Rights: The Root Causes of Terrorism 157 6-6 Adib al-Jadir: Hussein Jamil, An Iraqi Arab Activist Who Pursued Freedom 160 7-1 Mahdi Bunduq, Post-Bourgeois Society 166 7-2 Perpetuating power in the name of democracy and the people 167 7-3 Ten Principles for a Constitution of Freedom and Good Governance 168 7-4 The Supreme Constitutional Court in Egypt 168 7-5 Recommended Good Governance Institutions at the Pan-Arab Level 175 7-6 Excerpts from the Address by the UN Secretary General, Kofi Annan, at the Opening Session of the General Assembly, New York, 21 September 2004. 176 7-7 Guaranteeing freedom for civil society 178

XVIII LIST OF FIGURES

3-1 Percentage agreeing that women should have equal rights, five Arab countries, Freedom Survey, 2003 93 3-2 Estimate of the extent of deprivation of human capabilities, five Arab countries, Freedom Survey, 2003 94 3-3 Years of life expectancy lost to disease, by gender, Arab countries and comparator countries, 2002 95 3-4 Extent of satisfaction with the level and cost of education and health services by sector (public/private), five Arab countries, Freedom Survey, 2003 97 3-5a Percentage of interviewees considering the elements of freedom part of their concept of freedom (%) Average of five 98 Arab countries (weighted by population), Freedom Survey, 2003 3-5b Percentage of interviewees considering the elements of freedom constituents of their concept of freedom Five Arab countries, Freedom Survey, 2003 99 3-6a Extent of enjoyment of the elements of freedom (%), average of five Arab countries (weighted by population), Freedom Survey, 2003 100 3-6b Extent of enjoyment of the elements of freedom (%), average of five Arab countries, Freedom Survey, 2003 101 3-7a Perceived change in the enjoyment of elements of freedom (net %) during the five years preceding the survey, average of five Arab countries (weighted by population), Freedom Survey, 2003 102 3-7b Perceived change in the enjoyment of elements of freedom (net %) during the five years preceding the survey, average of five Arab countries, Freedom Survey, 2003 103 4-1 Extent of willingness to go to court, Five Arab countries, Freedom Survey, 2003 122 5-1 Perceived absence of government accountability and lack of freedom of opinion and expression, five Arab countries, Freedom Survey, 2003 128 5-2 Extent of confidence in political institutions, five Arab countries 132 5-3 Corruption Perception Index, World and Arab Countries, 2003 136 5-4 Areas in which corruption is perceived to be widespread, five Arab countries, Freedom Survey, 2003 137 5-5 Extent to which different societal groups are believed to be involved in the spread of corruption, five Arab countries, Freedom Survey, 2003 137 5-6 Knowledge of acts of bribery or "favouritism" (wasta*) during the 12 months preceding the survey, five Arab countries, Freedom Survey, 2003 138 5-7 Reason for paying a bribe or using wasta during the 12 months preceding the survey, five Arab countries, Freedom Survey, 2003 139 5-8 The best way to obtain a favour or to avoid a penalty, five Arab countries, Freedom Survey, 2003 139 5-9 Voice and accountability, the Arab region compared to other world regions, 2002 140 5-10 Political stability, the Arab region compared to other world regions, 2002 140 5-11 Government effectiveness, the Arab region compared to other world regions, 2002 140 5-12 The rule of law, the Arab region compared to other world regions, 2002 141 5-13 Control of corruption, the Arab region compared to other world regions, 2002 141 6-1 The share of taxes in public revenues and the share of income taxes in total tax revenues (%), Arab countries, 1992-2002 153 6-2 Credibility of the Arab League and the United Nations: Estimates by five Arab states and comparator countries 158 6-3 Extent of satisfaction with the current level of Arab cooperation, five Arab countries, Freedom Survey, 2003 160 7-1 Extent of dissatisfaction over the presence of foreign military bases, five Arab countries, Freedom Survey, 2003 164 7-2 Preferred forms of stronger Arab cooperation, five Arab countries, Freedom Survey, 2003 174 7-3 Perception of just solutions to the Palestinian question, five Arab countries, Freedom Survey, 2003 175

LIST OF TABLES 4-1 Status of Ratiﬁcations of the Principal International Human Rights Treaties, January 2005 108

XIX XX PREFACE This Report

Introduction issues raised, and the importance of addressing them at this critical period in the course of the The first Arab Human Development Report region. (AHDR 2002) provided a comprehensive, Unfortunately, as with other Arab reform first hand overview of the situation in the initiatives, some forces outside the Arab world Arab region from the perspective of human have used these Reports for their own pur- A serious and development. Its goal was to provide an poses. This has led some Arabs to call for a halt objective debate objective analysis based on serious self- to self-criticism in order to avoid giving others a criticism and aimed at assuring freedom and pretext for interfering in Arab affairs. This call, around the substance dignity for all Arabs1. The Report diagnosed however, rests on flawed logic. It assumes that of this Report would three cardinal deficits impeding human de- others have sought to interfere in the region’s velopment in Arab countries: in knowledge affairs in response to such self-criticism by pave the way for acquisition, freedom and good governance, Arabs and not because of their own interests. a process of social and women’s empowerment. As a broad These interests and ambitions have turned overview, that first Report did not explore into interventions for two reasons. The first is innovation. these deficits in depth. Rather, it made the active: it reflects the considerable capabilities case for an extended analysis of each in order that foreign powers can muster to pursue their to promote a discussion about how to over- own ends. The second is passive: it relates to come them. the weakness of the region, which makes it an Accordingly, the second Report analysed easy target for outside intervention. the knowledge acquisition deficit in the Arab The only way for Arabs to deal with the world in some depth, ending with a strategic ambitions of others is to recognize and over- vision for establishing a knowledge society in come their own weaknesses and thus grow the region. strong enough to prevent foreign objectives Continuing such extended treatment, this from taking hold. Self-reform originating in third Report provides a thorough examination balanced self-criticism is the only viable way of the deficit of freedom and good govern- forward towards a robust and independent Self-reform originating ance, a topic that dominates current discourse region. All committed actors in Arab socie- in balanced self- within the region and abroad. It is hoped that ties should be able to rise to the occasion of this detailed analysis will stimulate a dialogue their historic mission, which is to stimulate a criticism is the only in Arab societies on how to expand freedom renaissance movement. They can best do so viable way forward and establish good governance. A serious and by diagnosing the present regional situation objective debate around the substance of this in human development terms and proposing towards a robust and Report would pave the way for a process of ways forward. independent region. social innovation leading to a genuine project for an Arab renaissance. FREEDOM AND HUMAN The first two Reports prompted a wide DEVELOPMENT public response, for and against their findings, both inside and outside the Arab world, Human development is most profoundly seen which underlined the sharp relevance of the as a process of expanding “the range of human

1 The term “Arab” is used in this report to denote all citizens of Arab countries inclusively.

THIS REPORT 1 choice”. If human development means increas- edge, and to have access to resources needed ing people’s choices, then people must have for a decent standard of living”. Yet, human Freedom is pivotal in the freedom to choose among alternatives. development does not end at this minimal level This becomes an absolute priority. Freedom of entitlements. Rather, it goes beyond this human development. is pivotal in human development. Indeed, re- minimum to encompass other additional en- cent theoretical writings on this subject see de- titlements, ranging from “political, economic, velopment as synonymous with freedom (Sen and social freedom to opportunities for being 1999). creative and productive, and enjoying self-respect and guaranteed human rights” (Human Development Report 1990). BOX P1 Freedom and good governance: an historical legacy The process of human development is founded on two principal axes. The first relates “Since when have you compelled people to enslavement, when their mothers birthed them free? 2” to building those human capabilities that make Omar bin al-Khattab it possible to achieve a higher level of human welfare. These capabilities comprise, first and “If the king has treated the people unjustly foremost, the ability of all people to enjoy a We refuse to condone humiliation among us” Amr bin Kulthum long and healthy life and to acquire knowledge and freedom without discrimination. The sec- “The tyrant is the enemy of rights and of freedom; indeed their executioner. Right is ond axis relates to the efficient and appropriate the father of humanity and freedom their mother.” utilization of human capabilities in all spheres Abdel-Rahman al-Kawakibi of human endeavour, including production, and through people’s active participation in Thus, in human development terms, civil society and politics. The effective devel- simply by virtue of belonging to humankind, opment and use of human capabilities enlarges people have an a priori right to a dignified life, people’s choices and enables them to enjoy materially and morally or spiritually, in body, freedom in its comprehensive sense. self and soul. From this starting point two key Thus, human development in the full sense conclusions follow: that we have adopted, is not merely about • First: Human development is incompatible developing “human resources,” neither is it with any type of discrimination against any a “development,” tout court, of human be- The effective groups of human beings whether defined by ings, nor is it a matter solely of striving to fulfil development and use gender, social origin, creed or colour. the basic needs of people. It is much more a • Second: In human development, the con- humanist and humanitarian blueprint for the of human capabilities cept of well-being is not limited to material comprehensive, total, and mutually reinforcing enlarges people’s comfort. It includes the non-physical, non- development, of people and social institu- material aspects of a dignified human life: free- tions, that aims to realize higher human goals choices and enables dom, knowledge, aesthetic pleasure, human and aspirations: freedom, justice, and human them to enjoy freedom dignity and self-fulfilment. These broader aims dignity. can only be achieved through the individual’s Narrower definitions of development, in its comprehensive effective participation in all endeavours of so- whether limited to ‘economic development’ sense. ciety. or to a restricted sense of human development, Human entitlements, in principle, are in- lack the rich possibilities of this fuller concept. finite, and they develop and change continu- In human development thinking, a wealthy ously in accord with human advancement. At person is not considered to enjoy an advanced any level of development, though, the three state of well-being so long as that person is basic human entitlements, according to the prevented from exercising freedom. Likewise, global Human Development Report, are: “to history, ancient and contemporary, teaches us lead a long and healthy life, to acquire knowl- that societies barred from experiencing free-

2 In this saying, Khalifat Omar is addressing the son of his Wali (representative ruler) in Egypt. Of particular note is that the adversary referred to in the text had a different religion from the Khalifat himself…the adversary was a Christian Coptic. This conﬂict ended with the Khalifat Omar inﬂicting severe punishment on the son of his Wali in Egypt.

2 ARAB HUMAN DEVELOPMENT REPORT 2004 dom are unable to preserve whatever economic September 11 and the consequent clampdown and other gains they may make in a more nar- on freedoms in Arab countries; Israel’s re-inva- row definition of development; and thus, they sion of Palestinian cities, causing destruction cannot attain the higher rungs on the ladder of and human suffering; and the invasion and human advancement. occupation of Iraq by the US-led Coalition. Looking into the state of knowledge acqui- THE MAIN CONCLUSIONS OF THE sition at the beginning of the 21st century, the FIRST AND SECOND ARAB HUMAN second Report concluded that the dissemina- The Israeli occupation DEVELOPMENT REPORTS tion and production of knowledge in Arab countries remain weak despite the presence of of Palestinian The first AHDR (2002) concluded that “al- significant Arab human capital. It noted that, land is one of the though Arab countries have made significant under different circumstances, such capital strides in more than one area of human devel- would constitute a strong foundation for a most significant opment in the last three decades...the predomi- knowledge renaissance. impediments to nant characteristic of the current Arab reality The Report culminated in a strategic vision seems to be the existence of deeply rooted for establishing a knowledge society in Arab human development shortcomings in the Arab institutional struc- countries organized around five pillars: in Arab countries. ture [which] are an obstacle to building human 1. Guaranteeing the key freedoms of opinion, development.” As noted earlier, the Report expression and association, safeguarded by summarized these shortcomings as three defi- good governance. cits relating to knowledge acquisition, freedom 2. Disseminating high quality education for and good governance and the empowerment of all, particularly through higher education, women. Taking into account these deficit areas learning in early childhood, continuous educa- in an alternative human development index, tion and life-long learning. reduces the ranking of the Arab countries on 3. Embedding and ingraining science in the standard index. This new view underlined society, building and broadening the capacity that the challenge of building human develop- for research and development across societal ment, for most Arabs, is still very serious. activities and catching up with the “informa- The first AHDR also affirmed that the tion age”. Israeli occupation of Palestinian land is one 4. Shifting Arab socio-economic structures of the most significant impediments to human rapidly towards knowledge-based production. development in Arab countries, in that it con- 5. Developing an authentic, broadminded stitutes an obvious threat to security and peace and enlightened Arab knowledge model based across the region. Occupation has also given on: Arab regimes a pretext for postponing internal Returning to pure religion, free from po- reform and has embarrassed Arab reform- litical exploitation, and centred on ijtihad Occupation has also ists by making the confrontation of external (independent interpretive scholarship); ad- given Arab regimes a threats to the region a higher priority than vancing the Arabic language; reclaiming the internal reforms. positive achievements of Arab heritage; en- pretext for postponing The second AHDR (2003) reviewed the riching, supporting and celebrating cultural internal reform. most important global, regional and country- diversity in the region; and opening up to level developments after the completion of the other cultures. first Report. It concluded that challenges to Arab human development remained grave. In- CONTENTS OF THIS REPORT deed, it saw unfavourable developments at the regional and global levels as intensifying the The Arab development crisis has widened, challenge - or the threat - to human develop- deepened and grown more complex to a de- ment notably in the realm of freedoms. These gree that demands the full engagement of all developments included the deteriorating state Arab citizens in true reform in order to spear- of civil and political freedoms for Arabs and head a human renaissance in the region. The Muslims in the West following the events of strategic vision for establishing the “knowl-

THIS REPORT 3 edge society” in the Arab states clearly showed the global and regional environment and its that required reforms extend to the current relationship to the main theme (Chapter 6). socio-economic structure and, critically, to the Drawing on previous chapters, the Report political context at the national, regional and concludes by offering an analytical overview international levels. It indicated that partial re- of alternative prospects for freedom and good forms can not work in the absence of an appro- governance in Arab countries. The objective is priately positive social environment; however, to stimulate a broad discussion on action for in the present situation, this kind of reform is enhancing and protecting freedom in the re- Of all the impediments no longer effective or even possible. Vested gion through good governance (Chapter 7). to an Arab interests can no longer be allowed to delay or slow down comprehensive societal reform in renaissance, political Arab countries. restrictions on human Of all the impediments to an Arab renaissance, political restrictions on human develop- development are the ment are the most stubborn. For that reason, most stubborn. this Report focuses on the acute deficit of freedom and good governance in the Arab world. As is now the practice in this series, the Report opens by recounting events at the national, regional and global levels that have affected the overall course of human development in the Arab world during the period in review. This opening section (Part I) is followed by an in-depth analysis (Part II) of the main subject. The Report complements the first two in the series and does not aim to go over ground previously covered. Part II commences with an analytical framework that sets forth the concept and definition of freedom and good governance, focusing on both Western and Arab culture (Chapter 1). It then discusses some key problematic issues undermining freedom and governance in Arab countries at the start of the External events third millennium (Chapter 2). have increasing and Applying its analytical framework and its definition of freedom, the Report next looks palpable impacts on at the state of freedoms and economic and freedom in the region. social rights in Arab countries and evaluates how far they are enjoyed in practice (Chapter 3). It continues by analysing the factors that determine the extent to which Arabs enjoy freedoms and rights starting with the impact of institutional, legal and political structures (Chapters 4 and 5). The Report then examines the impact of societal structures on freedom and governance in Arab countries. Since external events have increasing and palpable impacts on freedom in the region, the Report subsequently discusses

4 ARAB HUMAN DEVELOPMENT REPORT 2004 EXECUTIVE SUMMARY

Introduction some of the events at the country, regional and global levels that most influenced the overall This Report, the third in the Arab Human course of human development in the region Development Report (AHDR) series, sets during this period. out to provoke a spirited, considered debate among all dynamic societal forces in CALLS FOR REFORM INTENSIFY the Arab region to prepare the way for an Arab renaissance. It provides a thorough ex- Since the publication of AHDR 2003, Arab amination of the deficit of freedom and good governments and civil society organisations governance, a topic that dominates current have proposed various reform initiatives to Partial reforms are no discourse within the region and abroad. address some of the challenges facing the Arab longer effective. The Arab development crisis has wid- world. The most significant official initiative ened, deepened and grown more complex to was the “Declaration on the Process of Re- a degree that demands the full engagement form and Modernisation” issued by the Arab of all Arab citizens in comprehensive reform Summit held in May 2004. The Declaration in order to spearhead a human renaissance called for the continuation and intensification in the region. Partial reforms, no matter of political, economic, social and educational how varied, are no longer effective or even change initiatives that reflect the will and aspi- possible; perhaps they never were, since rations of Arabs. reform requires a responsive and supportive The Declaration specifically called for ac- social environment. Comprehensive societal tion “to deepen the foundations of democracy reform in Arab countries can no longer be and consultation, and to broaden participation delayed or slowed down on account of vested in political life and decision-making, in tandem interests. with the rule of law, equality among citizens, Of all the impediments to an Arab renais- respect for human rights, freedom of expres- sance, political restrictions on human devel- sion and … safeguards for the independence opment are the most stubborn. This Report of the judiciary”. Of all the impediments therefore focuses on the acute deficit of free- Civil society organisations also spear- dom and good governance. headed several reform initiatives as this Re- to an Arab port was being prepared. Amongst the most renaissance, political CHANGES IN HUMAN significant of these are the “Sana’a Declara- DEVELOPMENT SINCE THE tion”, emerging from the Regional Conference restrictions on human LAUNCH OF AHDR 2003 on Democracy, Human Rights and the Role development are the of the International Criminal Court (Sana’a, In line with the methodology established in January 2004), and “The Alexandria Charter”, most stubborn. this series, the Report opens by recounting the result of a conference of Arab civil society organisations entitled “Arab Reform Issues: Freedom and good governance: an Vision and Implementation” (Alexandria, historical legacy March 2004). “Since when have you compelled people to enslave- Independent political and civil forces in ment, when their mothers birthed them free?” Omar bin al-Khattab the Arab world also stepped up their struggle

EXECUTIVE SUMMARY 5 for political reform in Arab countries, resulting This period also witnessed external at- in some notable successes. In Morocco, human tempts to encourage reform, beginning with rights and political organizations persuaded the “Greater Middle East Initiative”, which the Government to acknowledge earlier viola- the US Administration presented to the G8 Reform initiatives, tions, in particular relating to the disappear- countries. After Arabs and some European ances of political opponents, and to begin to countries expressed reservations on its ﬁrst both those originating address the issue. draft, the US put forward an amended project in and outside the In Bahrain, the National Committee for called the “Broader Middle East Initiative”, region, were launched Martyrs and Torture Victims began demanding with more limited objectives. It was adopted at compensation for the families of those killed the G8 summit in June 2004. in an international and and tortured by the security forces. It also Reform initiatives, both those originating regional context that called for those responsible for human rights in and outside the region, were launched in an violations in Bahrain to be brought to justice. international and regional context that ham- hampered progress. In Syria, civil society organizations asked pered progress, as illustrated in the following: for the state of emergency to be lifted and freedoms expanded. In Egypt, the Muslim A CONSTRAINING REGIONAL AND Brotherhood announced an initiative for gen- INTERNATIONAL ENVIRONMENT eral reform. At the beginning of 2004, Saudi Arabia The continued occupation of the Palestinian witnessed an unprecedented number of civil territories by Israel, the US-led occupation of initiatives, distinctive insofar as they were rela- Iraq and the escalation of terrorism adversely tively acceptable to the government. A number influenced Arab human development. of petitions and documents were addressed to the Crown Prince, some of which contained Israeli occupation of Palestine continues to impede human development and freedom Palestinians have the demands of minority groups, such as the Shias, for religious freedom, civil rights, and sustained enormous Israel continued its violation of the Palestin- equality among citizens. Others criticized acts ians’ right to life through direct assassina- social and economic of violence and called for political openness as tions of Palestinian leaders and the killing of a means out of the present crisis. Still other de- losses. Some 58 per civilians during raids and incursions into, and mands centred on improvements in the status re-occupation of cities and villages in the West cent of the population of women, including guarantees of their full Bank and Gaza. Between May 2003 and June participation in public life. One petition called subsists below the 2004, and as a result of repeated invasion and for a constitutional monarchy and fundamental bombing, a total of 768 Palestinians were killed poverty line. political reforms, including elections, control and 4,064 injured. 22.7 per cent of Palestinians of public funds and reform of the judiciary. killed during that period were children under In Palestine, civil society organizations 18. were active in many areas, from resisting occu- In the past year, Israel has continued its vi- pation and defending human rights to assisting olations of individual and collective freedoms in relief and humanitarian aid operations and of Palestinians. This is evident in the many calling for reform. forms of collective punishment, including arbitrary arrest and detention, and repeated World Bank President: The shame of Israel’s demolition of homes restrictive closures. “Israel’s military operations which demolish thousands of homes in Rafah are reckless, Israel also continued its policy of demoli- and leaves tens of thousands of people without a roof over their heads ….As a Jew, I am tions, destroying property and land. Its incur- ashamed of this kind of treatment of people”. sion into Rafah in May 2004 alone left some 4,000 Palestinians homeless after the Israeli The Wall violates international law: International Court of army demolished their homes. Justice (ICJ). Palestinians have therefore sustained enor- “The construction of the wall being built by Israel, the occupying Power, in the Occu- mous social and economic losses. Currently pied Palestinian Territory, including in and around East Jerusalem, and its associated 58.1% of the population subsists below the régime, are contrary to international law. poverty line.

6 ARAB HUMAN DEVELOPMENT REPORT 2004 Israel continued constructing the separa- ADDRESSING THE THREE tion wall, which does not follow the boundary DEFICITS: PROGRESS AND between the Occupied Palestinian territories REVERSALS and Israel but incorporates Palestinian land. The International Court of Justice, in response During the period in review, some Arab coun- to a General Assembly request, issued a deci- tries took steps to deal with their capability sive advisory opinion on July 9, 2004 on the gaps in freedom, the empowerment of women A scientific study legal consequences of constructing the Wall. and knowledge. However, progress was une- The Court ruled that the Wall violates interna- ven, particularly in the area of freedoms where estimated the tional law, declared that it should be removed many countries experienced setbacks. number of deaths and called on Israel to compensate Palestinians There were a number of positive develop- harmed by the structure. ments in education, the most important of associated with the which was increased attention to quality issues invasion (of Iraq), and The impact of the occupation of Iraq on at the different levels of the education system. human development Nine Arab states have participated in an inter- the accompanying As a result of the invasion of their country, the national study designed to evaluate the quality violence, at around Iraqi people have emerged from the grip of a of basic education in science and mathematics. despotic regime that violated their basic rights Also, the Union of Arab Universities has taken 100,000 Iraqis. and freedoms, only to fall under a foreign oc- a decision to set up an independent institute cupation that increased human suffering. tasked with evaluating the quality of higher A scientific study estimated the number of education. deaths associated with the invasion and the ac- Moving towards good governance, some companying violence at around 100,000 Iraqis. Arab governments have begun to open them- As the occupying powers proved unable to selves cautiously and selectively to opposition meet their obligations under the Geneva Con- forces and have started expanding the public ventions to protect citizens, Iraq witnessed an sphere. Nevertheless, there are indications unprecedented loss of internal security, with of a regression in popular participation, and killings and acts of terrorism in most parts of human rights violations have continued. the country, including attacks against Iraqi and Civil society organizations and the media foreign civilians, international organizations continued to suffer increasing restrictions. and humanitarian organizations. According to a 2004 international report, the Women suffered the most. They were, and Middle East was the region that enjoyed the Some governments still remain, at risk of abduction and rape by least press freedom during the previous year. professional gangs. In some cases, coalition Several journalists were killed, particularly at took steps to deal soldiers reportedly also sexually abused female the hands of occupying forces. As many as 14 with their capability prisoners. journalists were killed during 2003 - 12 in Iraq, Thousands of Iraqis were imprisoned and of which 5 were killed by US-led occupation gaps in freedom, forces. Two correspondents were killed by the tortured. Prisoners, mostly civilians, were the empowerment subjected to inhumane and immoral treatment Israeli occupation forces in Palestine. in Abu Ghraib and other occupation prisons. In Darfur, violations of minority rights of women and continued. Conflict and human suffering in- Such mistreatment is a clear breach of the Ge- knowledge. However, neva Conventions. creased, despite the cease-fire agreement and The occupation forces struggled to restore the interventions of the international com- progress was uneven. basic facilities but were unable to bring elec- munity. tricity, water and telephone services back to On the empowerment of women, Morocco their pre-war levels. A US report showed that, achieved a distinctive success with a new fam- by the end of October 2004, the occupation ily law that met the demands of the women’s authority had spent only US$ 1.3 billion on movement to safeguard women’s rights, no- reconstruction out of the US$ 18.4 billion al- tably with respect to marriage, divorce and located for this purpose by the US Congress, childcare. Women have continued to rise to i.e. less than 7 per cent. senior executive positions in Arab countries,

EXECUTIVE SUMMARY 7 and there is steadily broader scope for partici- • Rests upon effective popular participation pation by women in legislative assemblies. and full representation of the public at large. Yet careful scrutiny of developments in • Is buttressed by first-rate institutions (in this period indicates that, overall, there has contrast to the tyranny of the individual), been no significant easing of the human de- which operate efficiently and with complete velopment crisis in the Arab region. Certainly, transparency. These institutions are subject incipient reforms are taking place in more than to effective accountability among themselves, one of the priority areas identified in this Re- protected by the government’s separation of port, but for the most part those reforms have powers, and by a balance among those powers; been embryonic and fragmentary. Some gains they are also directly accountable to the popu- For the most part, are undoubtedly real and promising, but they lace through popular selection processes that reforms have been do not add up to a serious effort to dispel the are regular, free, and scrupulously fair. embryonic and prevailing environment of repression. • Ensures that the rule of law is supreme; and the law itself is fair, protective of freedom, fragmentary. THE STATE OF FREEDOM AND and applies equally to all; GOOD GOVERNANCE • Sees that an efficient, fair and strictly independent judiciary upholds application of the No Arab thinker today doubts that freedom law and the executive branch duly implements is a vital and necessary condition, though not judicial rulings. the only one, for a new Arab renaissance, or that the Arab world’s capacity to face up to Al-Kawakibi: Importance of holding its internal and external challenges, depends the ruling authority accountable on ending tyranny and securing fundamental In sum, we have said that government, of any sort, rights and freedoms. is not absolved of being described as oppressive The scope of the concept of freedom as long as it escapes rigorous oversight and is not made to answer for its actions without fail. ranges between two poles. The first is a narrow definition that restricts freedom to civil and The individual is free only in a free society political rights and freedoms. The second is within a free nation. comprehensive, and has been adopted in this Report. This comprehensive definition incorporates not only civil and political freedoms, Taha Hussein: Freedom and Independence including freedom from oppression, but also the liberation of the individual from all factors We want to be free people in our country, free of foreigners such that they cannot oppress us or treat Freedom …must be that are inconsistent with human dignity, such us unjustly; and free with respect to ourselves, such as hunger, disease, ignorance, poverty, and that no one of us can oppress or treat another un- guaranteed, sustained fear. justly. and promoted by In human rights terms, the understanding of With this model as its yardstick, AHDR effective societal freedom in this Report covers all realms of human 2004 asks: what is the status of freedom and rights: economic, social, cultural and environmen- governance in the Arab countries? structures and tal rights as well as civil and political rights. processes. THE STATE OF FREEDOMS AND Freedom, however, is one of those supe- RIGHTS rior human culmination outcomes that must be guaranteed, sustained and promoted by ef- Despite variations from country to country, fective societal structures and processes. These rights and freedoms enjoyed in the Arab societal guarantees are summed up in the order world remain poor. Even disregarding foreign of good governance that: intervention, freedoms in Arab countries are • Safeguards freedom to ensure the expan- threatened by two kinds of power: that of sion of people’s choices (the core of human undemocratic regimes, and that of tradition development) and tribalism, sometimes under the cover of

8 ARAB HUMAN DEVELOPMENT REPORT 2004 religion. These twin forces have combined to With a few exceptions, some of which are curtail freedoms and fundamental rights and cosmetic, free presidential elections involv- have weakened the good citizen’s strength and ing more than one candidate do not occur in ability to advance. Arab countries. In only three Arab countries (Algeria, Sudan and Yemen), and in a fourth CIVIL AND POLITICAL FREEDOMS: under occupation (Palestine), are presidents FROM DEFICIENT TO SERIOUSLY elected through direct elections with more DEFICIENT than one candidate and with presidential term Violations of freedom limits. Syria and Egypt depend on referendums With limited exceptions in some countries and where the president is nominated by the par- of opinion and certain areas, freedoms, particularly those of liament, after which a national referendum is expression have opinion, expression and creativity, are under held. In presidential referenda the outcome pressure in most Arab countries. varies between an absolutely majority and total included attacks on During the three-year period 2001-2003, unanimity. outspoken political journalists were repeatedly targeted for pros- Totally or partially elected parliaments now ecution on the grounds of opinions they had exist in all Arab countries except Saudi Arabia activists and human expressed. Some of them were physically at- and the United Arab Emirates. However, the rights advocates. tacked or held and given harsh sentences. right to political participation has often been Early in 2003, Arab Ministers of the Interior little more than a ritual, representing a purely agreed to an anti-terrorism strategy, leading to formal application of a constitutional entitle- further restrictions on freedom of opinion and ment. In most cases, elections have resulted in expression and other human rights. misrepresenting the will of the electorate and in Violations of freedom of opinion and ex- low levels of representation for the opposition. pression have included attacks on outspoken Hence, elections have not played their desig- political activists and human rights advocates. nated role as a participatory tool for the peace- The curtailment of freedom of opinion and ful alternation of power. These elections have expression, in the form of ofﬁcially imposed generally reproduced the same ruling elites. censorship, extends also to literary and artistic Personal life is also violated in some Arab creativity. Some Arab states have gone as far as countries. Political authorities sometimes to ban circulation of some of the most treas- breach the inviolability of the home at any ured works in the Arab literary heritage, such hour, monitoring private correspondence and as The Prophet, by Gibran Kahlil Gibran, and tapping telephones. Dominant social groups A Thousand and One Nights. can similarly usurp the personal freedom of citizens in the name of norms and traditions.

Al-Manfaluti: The value of freedom The denial of individuals’ fundamental that has been stolen freedoms Ofﬁcial reports on Man lives in two prisons, the prison of his own soul killings tend to be and the prison of his government, from cradle to Some Arab governments also violate the right grave. to life extra-legally and extra-judicially. Human short on facts. A man who stretches out his hands to ask for rights organizations have observed that official freedom is not begging; he is seeking a right that reports on killings tend to be short on facts. In has been stolen from him by human greed. If he most Arab states, the names of the victims are obtains it, it will not be as a favour from anyone, and he will not be beholden to anyone. not mentioned, and no public investigation is conducted. Extremist groups which perpetrate assas- sinations and bombings and espouse the use The freedom to form associations is often of violence also violate the right to life. Armed violated by denying organisations permission confrontations between security forces and to operate, or by dissolving existing ones. Most armed groups result in civilian casualties that restrictions have been directed against grass- can outnumber victims in the ranks of the roots human rights organizations. combatants.

EXECUTIVE SUMMARY 9 With the advent of the global “war on ter- Socio-economic and military circumstances ror”, there have been unprecedented numbers are creating bizarre situations in Mauritania of arrests. Legal safeguards have been violated, and the Sudan. In the former, members of and people have been deprived of their liberty the group known as “haratin” (emancipated and, in many instances, tortured and ill-treated slaves) are not much better off than when in prisons, camps and detention centres where they were slaves. In the Sudan, different tribes their personal safety is uncertain. Perhaps one involved in the military conflict have abducted of the greatest menaces facing any Arab citizen one other’s women and children; here again, is the frequent disappearance of suspects in the victims’ condition is tantamount to slavery. With the advent of detention. Women doubly excluded the global "war on Safeguards surrounding the right to a fair trial are also being eroded. In several Arab In general, women suffer from inequality with terror", there have countries, civilians are being referred for trial men and are vulnerable to discrimination, both to military courts or other exceptional tribu- been unprecedented at law and in practice. nals such as the emergency, state security, and Despite laudable efforts to promote the numbers of arrests. special courts, as well as martial law tribunals. status of women, success remains limited. Exclusion from citizenship Greater progress is required in women’s political participation, in changes to personal status The withdrawal of nationality from an Arab laws, in the integration of women in develop- citizen, as permitted under certain legislation ment, and in the right of a woman married to a through an administrative decision by a gov- foreign husband to transmit her citizenship to ernment official of less than ministerial rank, is her children. The inability of existing legisla- one the most extreme forms of exclusion from tion to protect women from domestic violence citizenship. or violence on the part of the state and society is another deficit area. Violence against women Abusing minority rights peaks in areas of armed conflict, especially in the Sudan, Somalia and Iraq. Violations of human rights in Arab countries are more pronounced when cultural, religious UNMET ECONOMIC AND SOCIAL or ethnic dimensions are present. In areas of RIGHTS protracted conflict in Iraq and the Sudan, minority groups have suffered overt or covert Results of a study of 15 Arab countries found persecution. that 32 million people suffer from malnutri- This kind of double subjugation affects tion. This figure represents nearly 12 per cent a number of other social groups, notably Despite laudable of the total population of the countries con- bidun and naturalized citizens in Arab Gulf cerned, In the 1990s, the absolute numbers of efforts to promote countries. The former, being stateless, have those suffering malnutrition in the Arab world nowhere to go and are regarded as foreign- the status of women, increased by more than six million. The worst ers, while the latter are treated as second-class results were observed in Iraq and Somalia. success remains citizens; they are denied the right to stand for However, physical illness still takes years election to representative bodies or to vote. limited. off the life of the ordinary Arab. When years “Card holders” in the border areas of Saudi of illness are deducted from the estimate of life Arabia, Kurds deprived of citizenship follow- expectancy at birth, average healthy Arab life ing the 1962 census in Syria, and “akhdam” in expectancy falls by ten years or more. Yemen encounter much the same treatment. The spread of education is restricted by the Migrant workers in oil-producing Arab prevalence of unacceptable rates of illiteracy states, including Arab workers, suffer certain (about one third of Arab men and half of Arab forms of discrimination according to interna- women in 2002) and the denial of the basic tional standards. The most notorious cases right to education of some Arab children – low stem from the “guarantor system” and the as this percentage may be. The value of educa- abuse of domestic servants, chiefly women.

10 ARAB HUMAN DEVELOPMENT REPORT 2004 tion is also diluted by its low quality and the STRUCTURES IMPEDING resulting failure to instil the basic capabilities FREEDOM of self-learning, critical analysis and innovation among those educated. Why, do Arabs enjoy so little freedom? What has led Arab democratic institutions (where HOW FAR DO ARABS BELIEVE they exist) to become stripped of their original THAT THEY ENJOY FREEDOM? purpose to uphold freedom? Some analysts seek answers in the fraught The report team, in collaboration with repu- and ambiguous relationship between “East” What has led Arab and “West,” portrayed as a stark split. The table polling institutions, designed and con- democratic institutions ducted a field survey on what Arabs believe are first pole is usually associated with “despot- the most important components of freedom. ism” as a supposedly inherent characteristic (where they exist) to The study also explored the extent to which of “the East” and “Eastern” civilization, while become stripped of Arabs thought that they enjoyed those compo- the second is linked to freedom, purportedly a nents of freedom in their own countries. The fundamental quality of “Western” civilization. their original purpose survey covered five Arab countries (Algeria, A few have claimed that Arabs and Muslims to uphold freedom? Jordan, Palestine, Lebanon, and Morocco) are not capable of being democrats, for the that represent about one quarter of the Arab very reason of being Arab (“the Arab mind”) population. or Muslims. However, a recent research effort, Interviewees in all five countries indicated the World Values Survey (WVS), has exposed that, in their view, the level of enjoyment of the falseness of these claims by demonstrating individual freedoms was comparatively high, that there is a rational and understandable whereas the enjoyment of ‘public’ freedoms thirst among Arabs to be rid of despots and was relatively low, especially regarding good to enjoy democratic governance. Among the governance. nine regions surveyed by the WVS, which in- For most interviewees, freedom of move- cluded the advanced Western countries, Arab ment, marriage and ownership of property, countries topped the list of those agreeing that and the freedom of ‘minorities’ to practice “democracy is better that any other form of their own culture, topped the list of freedoms governance”. A substantially high percentage enjoyed in their countries. The existence of also rejected authoritarian rule (defined as effective political opposition, an independent a strong ruler who disregards parliament or media and judiciary, transparent and account- elections). able governance, and successful anti-corrup- Undoubtedly, the real flaw behind the fail- tion measures were put at the low end of the ure of democracy in several Arab countries is scale of enjoyment. not cultural in origin. It lies in the convergence The real flaw Asked how far they had seen an improve- of political, social and economic structures that behind the failure of ment or deterioration in the enjoyment of have suppressed or eliminated organized social the elements of freedom during the five years and political actors capable of turning the crisis democracy in several before the survey, interviewees singled out of authoritarian and totalitarian regimes to their Arab countries is not individual freedoms in gender equality and advantage. The elimination of such forces has marriage, freedom of thought, freedom from sapped the democratic movement of any real cultural in origin. ignorance and disease, freedom of ‘minori- forward momentum. In addition, there are re- ties’ to practice own culture, and freedom of gion-specific complexities that have deepened civil and co-operative organisations as areas the crisis, the most significant of which are: of greatest improvement. The greatest dete- riorations were thought to have occurred in the areas of corruption, lack of transparency and accountability in governance, lack of independence of the judiciary, inequality before the law and mounting poverty.

EXECUTIVE SUMMARY 11 REGION-SPECIFIC PROBLEMATIC Freedom shorn of effective advocates ISSUES The cause of Arab freedom has suffered in the absence of effective, broad-based politi- Thus indulged, the The Contradiction Between Freedom cal movements capable of rallying people to In Arab Countries And Narrow Global the struggle. Popular political forces, such as Arab despots of the Interests the Arab nationalist and, later on, the Islam- day ruled oppressively, In the first half of the twentieth century, two ist movements, did not make comprehensive restricting their factors emerged which were fated to have a far- freedom their priority. When they did turn to the question, their more limited goal, under- countries’ prospects reaching impact on the attitudes of the major powers towards freedom in the Arab region: standably, was national freedom, which they of transition to the discovery of oil and the establishment of made their public rallying point in the struggle against colonial powers at the regional and democracy. the state of Israel. The existence of large reserves of oil in the region and the dominant global levels. role of oil in the advanced economies, made Appropriating religion to perpetuate continued supplies at reasonable prices the tyranny chief concern of global powers. Additionally, as vested interests in Israel grew, some global The dominant trend in Islamic jurisprudence powers, especially the US, increasingly took supports freedom. Enlightened Islamic inter- any Arab country’s attitude toward Israel and pretations find that the tools of democracy its practices as one of the most important yard- - when used properly – offer one possible prac- sticks by which to judge that country. tical arrangement for applying the principle of Consequently, major world powers tended consultation (al-shura). The fundamental prin- to gloss over human rights violations in their ciples in Islam which dictate good governance, Political rulers, Arab client states so long as the countries con- include the realization of justice and equality, in power and cerned did not threaten these interests. Thus the assurance of public freedoms, the right of indulged, the Arab despots of the day ruled the nation to appoint and dismiss rulers, and in opposition, oppressively, restricting prospects of their guarantees of all public and private rights for have selectively countries’ transition to democracy. non-Muslims and Muslims alike The events of September 11 have added a Notwithstanding these key theological and appropriated Islam more recent dimension to this tension after the philosophical interpretations, political forces, to support and US Administration moved to curtail civil and in power and in opposition, have selectively political rights, especially those of Arabs and appropriated Islam to support and perpetuate perpetuate their Muslims, in the ﬁght against “terrorism” as it their oppressive rule. deﬁned the term. The fact that some Western oppressive rule. “The trap of the one-off election” countries, which Arab reformers had long held up as models of freedom and democracy, have This phrase refers to a ploy used by Arab re- taken steps widely perceived to be discrimina- gimes in Islamic societies to keep those ap- tory and repressive, has weakened the position prehensive about the accession to power of of those reformers calling for Arab govern- Islamist groups on their side. It is also cited to ments undertaking similar actions to change justify foreign interference to prop up authori- their course. tarian Arab regimes. Essentially, it is contended Ayatollah al-Mohaqiq al-Naeeny: An Opinion Concerning that opening up the public sphere to all societal Conditionality or Constitutionality forces - among the most active of which is the The conduct of the ruler is bounded ants. Like other trust bearers, they are Islamic movement - will end with these forces by the limitations of his prerogatives … responsible to each and every individual assuming power, followed by oppression, such it is conditioned not to exceed them, the of the nation, they are accountable for people are his partners in all that con- any trespass they commit, and every sin- that democratic competition becomes history cerns the destiny of the country to which gle person has the right to question and after the one and only election. they all belong on an equal footing. to object in an environment of security Those in charge are but loyal trust bear- and freedom, without being bound by ers of the people, not owners nor serv- the Sultan’s will or preferences.

12 ARAB HUMAN DEVELOPMENT REPORT 2004 Speciﬁcity as a pretext for slighting human which tends to restrict the right in the guise of rights regulation. As a result, many constitutional texts addressing rights and freedoms, whatever Arab constitutions In contemporary jurisprudence, human rights their own shortcomings may be, lose much of assign the regulation constitute the collection of rights incorpo- their worth, turning into an empty facade for rated in international agreements and treaties the beneﬁt of the international community. of rights and freedoms that guarantee all people, irrespective of their Examples include provisions that prohibit to ordinary legislation, nationality, ethnicity, language, sex, religion, or restrict the exercise of the right to strike, ideology and abilities, the fundamental rights which tends to restrict demonstrate, hold mass gatherings or assemble to which they are entitled by virtue of being peacefully. the right in the guise human. However, in Arab countries the issue In countries whose constitutions prescribe of ‘specificity’ is frequently raised to weaken of regulation. the multiparty system, there are legislative international human rights law. restrictions limiting the right to form politi- In spite of the existence of several interpre- cal parties, requiring prior authorization from tive texts which assert the congruence between international human rights law and Islamic law (Shari’a), traditional interpretations of Shari’a Restrictions on the rights to assembly and association that stress differences between the two, are The holding or organization of a public meeting is not permitted without previously used to argue that international human rights obtaining a permit for that purpose from the Governor in whose area of authority the laws are not applicable in Arab countries. meeting will take place, and all public meetings that are held without a permit will be prevented and dispersed.

THE LEGAL ARCHITECTURE (Article 4, Decree Law concerning the holding of public meetings and assemblies, Kuwait)

Two sets of discrepancies commonly mar Arab legislation concerned with different levels of predominantly governmental committees. freedom and human rights. The first set reflects Other laws contain conditions concerning a gap between international norms and na- party activity, allowing the state to dissolve tional constitutions, and one between national a party whenever it considers the conditions constitutions and national laws. The second set have been breached. reflects a breach between international norms, Moreover, both the establishment of civil national constitutions, and national laws on the associations and their activities are heavily one side, and actual practice on the other. circumscribed and subject to rigorous control in Arab countries, with a few exceptions in Constitutions granting rights and laws conﬁscating them dealing with civil society more liberally, as in Morocco and Lebanon. Press freedom in 11 Freedom of thought, opinion and associa- Press freedom in 11 Arab countries can Arab countries can be tion: Many Arab constitutions contain special be blocked or curtailed by regulations that blocked or curtailed provisions on freedom of thought, opinion, and permit prior or post-printing censorship. Laws belief, and freedom of peaceful assembly, asso- impose restrictions on the right to publish by regulations that ciation and affiliation. However, the constitu- newspapers by requiring a licence whose with- permit prior or post- tion may also stipulate numerous restrictions drawal, or threat of withdrawal, is used by the on the right of association under the pretext executive to deter newspapers from crossing printing censorship. of safeguarding national security or national set boundaries of freedom of expression. Jour- unity. Political parties are permitted in 14 nalists’ right to obtain information and news is Arab countries. Libya and the member states assured in law in only ﬁve Arab states: Algeria, of the Gulf Cooperation Council (Saudi Ara- Egypt, Jordan, the Sudan and Yemen. bia, the United Arab Emirates, Qatar, Bahrain, When regulating freedom of opinion and Kuwait and Oman) prohibit the formation of expression, including the media and mass com- political parties. munications, the Arab legislator prioritizes Arab constitutions assign the regulation what s/he perceives as security and public in- of rights and freedoms to ordinary legislation, terest considerations above freedom, diversity

EXECUTIVE SUMMARY 13 and respect for human rights. The result is that situation of those who benefit from it in Arab Arab legislation is armed with provisions that countries; some constitutions remain silent on regard newspaper publication, audio-visual the subject, while others refer the matter of its broadcasting and free expression in general as regulation to the law, as in Egypt, Lebanon, dangerous activities warranting a panoply of Jordan, Saudi Arabia and Algeria. Still other bans, restrictions and deterrent sanctions. constitutions allow for its forfeiture and pro- Justice and the right The human right to litigation: Arab con- vide for the conditions required, as in Qatar, to litigation are stitutions take a consistent line on upholding Oman, the United Arab Emirates and Kuwait. the independence and inviolability of the judi- In some Arab countries, a new trend is obstructed by the vast ciary. But most maintain the executive pres- emerging of granting nationality to the chil- increase in the number ence within the judiciary and its institutions. dren of a mother bearing the nationality of the Hence, not only are judgements delivered and state. This is commendable, as it recognizes of court cases in some enforced in the name of the head of state, but the principle of equality between mother and Arab countries and the latter is also vested with the right to preside father in securing the nationality of their chil- over the constitutional bodies that oversee the dren and ends the misery that arises from the consequent delays in judiciary. This can often nullify other constitu- state denying nationality to the children where hearings and justice tional provisions. the mother is married to a foreign national. While many Arab constitutions stipulate delivered. safeguards for fair trial in criminal laws and And constitutions flatly violating rights trial systems, scholars and human rights ac- A number of Arab constitutions contain pro- tivists frequently note a disparity - usually for visions that conflict with international human political reasons - between such guarantees on rights principles by assuming an ideological or paper and reality. religious character that removes public rights Consequently, independence of the judici- and freedoms or permits their removal. An ary as an institution, and of judges as individu- example is the amendment introduced by the als, is jeopardized. Ideological and autocratic Yemeni legislators to an article which originally regimes frequently interfere, in the name provided that “there shall be no crime and no of “protecting the ideological foundations” punishment other than as stipulated by law.” of their authoritarian regimes. In addition, The amendment states that “there shall be no where the executive controls the finances, crime and no punishment other than on the and intervenes in the appointment, transfer basis of a provision of religious law (Shari’a) and dismissal of judges, judicial independence or law.” suffers. Material and moral temptations for un- Taking the provisions of Shari’a as a source derpaid and unprotected judges are sometimes A number of Arab of legislation is not itself a violation of human a factor as well. Many are sometimes fearful in rights. The objection is that, in Arab countries constitutions contain delivering their judgements, particularly when that do so, the discourse is directed to the the State has a direct or indirect interest in the provisions that conflict judge, instead of the legislator. Investing dis- case in question. cretionary powers in the judge to interpret the with international Justice and the right to litigation are also Shari’a text and to choose among the multiple obstructed by the vast case-load in the courts human rights opinions of jurisprudence entails a lack of legal of some Arab countries and consequent delays precision. In order to harmonise Shari’a with principles. in hearings and justice delivered. The absence the law, the constitutions of those states which of an authority capable of enforcing the law adopt it must therefore stipulate the principle fairly and promptly can encourage recourse to that there is no crime or punishment other violence and individual reprisals, and deter the than that prescribed by law. public from resorting to courts for solutions. The constitutional violation of human Right of nationality: Nationality gives a rights may assume a confessional shape, as il- person the legal status that confers rights and lustrated in the Lebanese law, which provides duties and helps her/him to acquire full citizen- that parliamentary seats in the Council of ship. There is a noticeable difference between Deputies shall be divided on a religious and the constitutional status of this right and the

14 ARAB HUMAN DEVELOPMENT REPORT 2004 confessional basis. The “black-hole” State Constitutional violations of human rights can also take the form of an ideological bias, The modern Arab state, in the political sense, which excludes differing opinions or political runs close to this astronomical model, whereby affiliations. For example, the Syrian Constitu- the executive apparatus resembles a “black tion affirms the Ba’th party as the leadership of hole” which converts its surrounding social environment into a setting in which nothing moves and from which nothing escapes. The confusion between religion and state is no- In some Arab where more clearly demonstrated than in the Su- This increasing centralization of the execu- danese Constitution, which provides that God, the tive is guaranteed in the constitutional texts of countries, the state Creator of humankind, holds supremacy over the certain states, which vest wide powers in the of emergency has State, without specifying the meaning of suprem- head of state. The latter becomes the supreme acy. Governance practices apparently sanctioned by God are likely to be immune to criticism and leader of the executive, the council of minis- become permanent opposition. ters, the armed forces, the judiciary and public and ongoing, with services. In addition to the absolute powers of the none of the dangers to society and the state, meaning that the multi- executive body, there are additional mecha- warrant it. party system has no constitutional legality. nisms that increase the concentration of power One of the most serious legislative viola- in its hands. For example, the so-called ruling tions of human rights in the Arab world occurs parties (where they exist) are, in reality, sim- where the Arab legislator permits the executive ply institutions attached to the executive, since to declare a state of emergency and abuse all party officials (or electoral candidates) are des- safeguards for individual rights and liberties. ignated by the president, who is also regarded In some Arab countries, the state of emergency as the party leader. In practice, this means that has become permanent and ongoing, with parliament is a bureaucratic adjunct of the none of the dangers to warrant it. What was executive that does not represent the people the exception has now become the rule (e.g. in whose mistrust in it continues to grow. Egypt, Syria and the Sudan). Emergency Laws Furthermore, the executive uses the ordi- (or rules of martial law), strip the citizen of nary and exceptional judiciary to eliminate and many constitutional rights, such as inviolability tame opponents, rivals and even supporters of the home, personal liberty, freedom of opin- who step out of line. This is linked with what is The executive ion, expression and the press, confidentiality known as “unspoken corruption” where close of correspondence, rights of movement and supporters are allowed to exploit their posi- apparatus resembles assembly. They remove key legislative powers tions for unlawful gain, while “enforcement a “black hole” from the elected parliament and transfer them of the law” against them remains a weapon to to the executive or military governor (emer- ensure their continuing and total loyalty. which converts its gency authority). The key support buttressing the power surrounding social of the executive is the intelligence apparatus, THE POLITICAL ARCHITECTURE which is not responsible to the legislature or to environment into public opinion, but is directly under the control a setting in which It may at first seem difficult to talk about the of the president or king and possesses powers common features of governance in the Arab greater than those of any other organ. The se- nothing moves and world owing to the wide diversity of its re- curity apparatus has substantial resources and from which nothing gimes, ranging from absolute monarchies to intervenes in all the powers of the executive, revolutionary republics and radical Islamic particularly in regard to appointment decisions escapes. states. Closer scrutiny, however, reveals an in- and the legal regulation of associations, to the teresting affinity in the architecture and meth- point where the modern-day Arab state is fre- ods of Arab systems of governance. quently dubbed “the intelligence state” Arab states vary in their embodiment of these general traits, particularly in the margin of freedom that is considered unthreatening.

EXECUTIVE SUMMARY 15 However, what they have in common is that Muhammad Al-Charfi: Arab power is concentrated at the tip of the execu- democracy - form without substance tive pyramid and that the margin of freedom permitted (which can swiftly be reduced) has A citizen no longer has any guaranteed right un- no effect on the state’s firm and absolute grip less s/he wishes to cheer the ruler, voice gratitude for his accomplishments and extol his qualities and on power. wisdom. The crisis of legitimacy The absence of any Repression and political impoverishment effective (political) Without the majority of people behind them, most Arab regimes resorted to other sources of The Arab political scene today is quite var- alternative is itself one legitimacy: traditional (religious/tribal), revo- ied. Some states categorically prohibit any of the outcomes of lutionary (nationalist/liberation), or patriar- political organization. Other states allow con- chal, claiming authority based on the wisdom ditional political pluralism and, as a rule, ban policies that block all of the ‘family head’. However, the failure to the strongest and most important opposition avenues for political tackle major issues such as the question of Pal- party, while favouring the party established by estine, pan-Arab cooperation, foreign interven- the ruling authority. States which allow party and civil activity. tion, the advancement of human development activity nonetheless try to trip up the opposi- and popular representation, drove Arab states tion parties, by depriving them of resources into a crisis of legitimacy. Hence, in address- and media coverage, controlling nomination ing the masses, the regimes resorted to a new and election procedures, using the judiciary, tactic: they linked legitimacy to achievements, the army and security services to curtail their actual or promised, in specific areas such as the activities, hounding their leaders and activists economy, peace, prosperity, stability, or safe- and tampering with election polls. guarding values and traditions. Sometimes the In addition to official repression, opposi- mere preservation of the state entity in the face tion parties suffer from internal problems of external threats was considered an achieve- that are no less serious. Despite theoretical ment sufficient to confer legitimacy. references to democracy in their charters, their Some regimes now bolster their legitimacy practices show that the influential political élite by adopting a simplified and efficient formula holds sway in most of these parties, resulting in to justify their continuation in power. They immovable leaders who, with rare exceptions, style themselves as the lesser of two evils, or the only leave their posts when they die, casting last line of defence against fundamentalist tyr- doubt on their claims to modernity and de- anny or, even more dramatically, against chaos mocracy. and the collapse of the state. This formula is Beyond that, there is an acute “sectarian what some have dubbed “the legitimacy of split” in the political community between the Opposition parties blackmail”. Islamic parties on the one hand and the liberal suffer from internal The “legitimacy of blackmail” has been and nationalist secular parties on the other (as well as other sectarian divisions along doctrinal, problems that are no eroded by the growing realization that the absence of any effective alternative is itself ethnic, tribal and regional lines). As a result of less serious. one of the outcomes of the policies that block this sectarian fragmentation some parties and all avenues for political and civil activity, and political forces have preferred to co-operate so prevent other alternatives from material- with undemocratic governments rather than izing. Hence, the survival of “the black-hole work with their rivals to lay the groundwork State” has become more dependent on control for a democratic rule open to all. and propaganda; on marginalizing the elites Restrictions on opposition parties have through scare-and-promise tactics; on strik- led to the marginalization of some parties and ing bargains with dominant global or regional hastened their demise, and generated a lack of powers; and on mutually supportive regional confidence in the political process as a whole. blocs to reinforce the status of the ruling elites This contraction has pushed some towards against emerging forces. clandestine political activities adopting violent and terrorist means, and others into political

16 ARAB HUMAN DEVELOPMENT REPORT 2004 passivity. Constraints on political space have bedded links in an interconnected chain con- led some activists and scholars to rely on civil stricting freedom. Starting with the child’s society organizations, especially trade unions upbringing within the family, passing through and professional organizations, on the grounds educational institutions, the world of work, that they are better equipped than Arab politi- and societal formation, and ending with poli- cal parties to lead Arab society towards devel- tics - both internal and external - each link in opment and democracy. the chain takes its portion of freedom from the Yet, civil society faces the same problems individual and delivers her or him to the next, as the political community vis-à-vis the author- which, in turn, steals a further share. ities who seek to control civil organizations, In varying degrees, the family, the primary Many civil society directly or indirectly, by using a dual strategy unit of Arab society, is based on clannism, organizations have of containment and repression. In addition, which implants submission, and is considered many CSOs become extensions of political the enemy of personal independence, intellec- become extensions of parties, which use them as fronts through tual daring, and the flowering of a unique and political parties, which which to expand their political influence at the authentic human entity. popular level. This, in turn, limits the CSOs’ Clannism flourishes, and its negative im- use them as fronts. initiative and independence of action. Conse- pact on freedom and society becomes stronger, quently, civil society organizations have not wherever civil or political institutions that pro- been significant actors in resolving the existing tect rights and freedoms are weak or absent. political crisis, as they too have been caught up Without institutional supports, individuals are in its vortex. driven to seek refuge in narrowly based loyalties that provide security and protection, thus The vicious circle of repression and further aggravating the phenomenon. Tribal corruption allegiances also develop when the judiciary is Economic corruption is the natural result of ineffective or the executive authority is reluc- political corruption. In some countries cor- tant to implement its rulings, circumstances ruption may be characterised as “structural” that make citizens unsure of their ability to because personal abuse of public office and realize their rights without the allegiances of misuse of public finances are considered nor- the clan. mal according to prevailing custom (such as Once children enter school, they find an obtaining commissions for government deals). educational institution, curricula, teaching It also takes the form of “petty corruption” and evaluation methods which tend to rely on dictation and instil submissiveness. This learn- in some countries. Petty corruption refers to Each link in the chain situations where Arab citizens have to rely on ing environment does not permit free dialogue personal contacts (wasta) or pay a bribe to ob- and active exploration and consequently does takes its portion of not open the doors to freedom of thought tain services that are legitimate and to which freedom from the they are entitled, or to avert a punishment by and criticism. On the contrary, it weakens the the authorities. If ending corruption entails, capacity to hold opposing viewpoints and to individual and delivers think outside the box. Its societal function is among other measures, deep economic reform, her or him to the next, active laws and mechanisms of accountability, the reproduction of control in Arab societies. and transparent governance, “structural cor- For all its deficiencies and flaws, education, which, in turn, steals a ruption” can be overcome only by radical re- particularly at the higher levels, remains a vital further share. form of the political architecture. source of knowledge, enlightenment and leavening for the forces of change. SOCIETAL STRUCTURES Even so, outside the academy, the world remains harsh on the young. After a student graduates, and when fate or chance ends the The chain that stifles individual freedom period of unemployment, s/he steps onto the lowest rung of a rigid, restrictive hierarchy, The crisis in political structures is reflected especially if the job is with the civil service. in Arab societal structures that consist of em- The chain constricting freedom completes

EXECUTIVE SUMMARY 17 its circle in the political realm, squeezing Arab against injustice, oppression and, tyranny in public life into a small and constricted space. the Arab dark ages of disintegration and weak- The limited dimensions of this space do not ness. In calling for unity and liberation of the enable civil society institutions to provide ef- land, in voicing the dream of a better world, fective group protection to citizens who are in nourishing the popular spirit by creating vulnerable to oppression as individuals. Such popular or epic heroes capable of overcoming weakness affords oppressive powers, both at adversity, they lifted people’s souls and minds The rentier mode home and from abroad, free sway to suppress above their trials. of production individual freedoms. Popular aspirations for freedom are abun- As they tighten and grow, the constrictions dant as well in the myriad folk songs and po- opens cracks in of the chain on freedom, in time, become inter- etry of the Arab world. the fundamental nal constraints on the self. Suppression leads relationship between individuals to become their own censors and to AN INHOSPITABLE GLOBAL AND contain every urge to speak or act. This com- REGIONAL ENVIRONMENT FOR citizens as sources of plicated process has led Arab citizens, includ- FREEDOM public tax revenue and ing some among the intelligentsia, to a state of submission fed by fear and marked by denial of It is not possible to understand the problem government. their subjugation. Yet - even among segments of freedom in Arab society without also con- once considered pillars of the restrictive status sidering the effects of regional factors and of quo - there are signs that this state of affairs influences coming from outside the region, cannot continue and that the human urge to particularly those related to globalization and claim freedom will re-surface in society. global governance. Globalization has the potential to but- A mode of production that strengthens tress the freedom of the individual as a result authoritarian governance of minimising the State’s capacity to repress The rentier mode of production opens cracks people, particularly their ideas and aspirations. in the fundamental relationship between citi- It can also, expand people’s opportunities to zens as a source of public tax revenue and acquire knowledge and broaden their horizons government. Where a government relies on by facilitating communication and the circula- financing from the tax base represented by tion of ideas. its citizens, it is subject to questioning about In particular, globalization can support how it allocates state resources. In a rentier freedom by strengthening civil society through mode of production, however, the government wider networking among its actors, using can act as a generous provider that demands modern information and communication tech- It has become no taxes or duties in return. This hand that nology. Yet globalization also entails the selective restriction of certain liberties world-wide critical to strengthen gives can also take away, and the government is therefore entitled to require loyalty from its through restrictions of vital knowledge ﬂows global governance citizens invoking the mentality of the clan. and on the free movement of people. With globalization, the State lost part of as embodied in the A longing for freedom and justice in its sovereignty to international actors, such as United Nations. popular culture trans-national corporations and international organizations, notably in the areas of eco- There is no stronger indication of the thirst nomic activity. It has thus become critical to for freedom and justice in the Arab conscience strengthen global governance, as embodied in than the way these concepts recur in a popular the United Nations. However, this has yet to culture rich in depictions of struggles against come about. The advent of a uni-polar world oppression and injustice. has resulted at times in the weakening and mar- The greatest literary manifestations of that ginalization of the world organization. This has tradition are glowing examples of the eleva- had adverse consequences for freedom in the tion of the “dream of freedom”. The siras (life Arab world. The US’s repeated use, or threat stories) profoundly expressed popular anger of veto, has limited the effectiveness of the Se-

18 ARAB HUMAN DEVELOPMENT REPORT 2004 curity Council in establishing peace in the re- Counsellor Yahya al-Rifai: Justice Above Might gion. Such marginalization has been among the factors contributing to continuing or increased There are two, and only two, ways of be able to keep any of it, never planting human suffering and to the creation of new settling disputes: with the bludgeon of a crop because the harvest will go to the force or the justice of law, there is no strongest, never building a house because facts on the ground, such as the establishment third possibility. With force, a person’s there is no certainty that he will be able of new settlements by Israel in the Occupied life, honour and property are never safe; to live in it, and, indeed, afraid to settle Territories and the construction of the separa- he lives like a wild animal, hunting his anywhere. tion wall that incorporates additional Palestin- prey without ever being sure that he will ian land, all of which militate against a just and lasting peace. This has pushed many people in the region to lose hope of obtaining justice The UN Special Rapporteur on Terrorism and Human Rights: from global governance and could exacerbate a The Root Causes of Terrorism tendency towards extremism. Some of the actions undertaken in the has pleaded on a number of occasions for The “war on terror” has also cut into many cause of the global war against terrorism States to uphold all human rights, stress- Arab freedoms. Western leaders have strongly have been the cause of consternation also ing that greater respect for human rights, asserted their support for freedom and democ- for the highest ofﬁcials in the UN system. not their curtailment, is the best means of For instance, the UN Secretary-General preventing terrorism. racy as the best long-term solution to terrorism; in practice many have also understandably ALTERNATIVE SCENARIOS sought to tighten their own security legislation. An unfortunate by-product in some countries Since present-day regimes have not achieved has been that Arabs are increasingly the victims fundamental reforms from within through By 21st century of stereotyping, disproportionately harassed or which they could correct their course and detained without cause under new restrictions. standards, Arab improve hopes for a better future, Arabs an- At the same time, in the Arab world, several ticipate a number of future scenarios, some countries have not Governments have cited fear of terrorism as of which are catastrophic, while others are justiﬁcation for steps to impose even tighter met the Arab peoples’ hopeful. restrictions on their citizens. aspirations for At the regional level, current institutional The Impending Disaster Scenario arrangements for regional co-ordination have development, security failed to give substantive support to Arab de- If the repressive situation in Arab countries and liberation. velopment, and to maintain security and peace today continues, intensified societal conflict is in the Arab world. likely to follow. In the absence of peaceful and effective mechanisms to address injustice and A STRATEGIC VISION: achieve political alternation, some might be ALTERNATIVE FUTURES FOR tempted to embrace violent protest, with the FREEDOM AND GOVERNANCE IN risk of internal disorder. ARAB COUNTRIES This could lead to chaotic upheavals that might force a transfer of power in Arab coun- Modernization in Arab countries has yielded tries, but such a transfer could well involve notable achievements, especially in combating armed violence and human losses that, how- morbidity and mortality, building infrastruc- ever small, would be unacceptable. Nor would ture, the quantitative expansion of education a transfer of power through violence guarantee Disaster can be and in increasing the integration of women in that successor governance regimes would be averted. society. Yet by 21st century standards, Arab any more desirable. countries have not met the Arab people’s aspirations for development, security and lib- The “Izdihar” Alternative eration despite variations between one country Disaster can be averted. The alternative is to and another in that respect. Indeed, there is a pursue an historic, peaceful and deep process near-complete consensus that there is a seri- of negotiated political alternation adopted ous failing in the Arab world, and that this is by all pro-reform segments of Arab society, located specifically in the political sphere.

EXECUTIVE SUMMARY 19 whether in power or not, on all fronts and by REFORMING ARAB SOCIETAL all democratic means, to guarantee rights and STRUCTURES TO GUARANTEE freedoms. The desired outcome is a redistribu- FREEDOM tion of power within Arab societies, restoring sovereignty to its rightful owners, the vast ma- Establishing a society of freedom and good jority of people in the Arab world. The process governance requires comprehensive reform of would also establish good governance as a solid governance at three interactive levels: internal, foundation for a human renaissance. regional and global.

The “Half Way House” Scenario: the Internal Reform The desired outcome Accommodation of External Reform Internal reform requires a structural reform is a redistribution of Realistically, a third alternative may well lie of the state, civil society and the private sector power within Arab in between these two scenarios in the form of to enhance the principles of sound adminis- a programme endorsed by external forces that tration. Also required is a correction of the societies. would induce a series of internal reforms in region’s present development trajectory by Arab countries. moving from rent-based economies to more This third or “half way” alternative, falls diversified production systems, and thor- short of the “ideal” (izdihar) scenario. Meas- oughgoing political reform. The latter should ures imposed from outside according to the consist of: vision of foreign powers are not necessarily The reform of practices: immediate action consistent with the concepts of freedom and must be taken to address three priorities: good governance, particularly those relating to • Abolishing the state of emergency. liberation, self-determination and independ- • Ending all forms of discrimination against ence. any minority group. The challenge facing the advocates of an • Guaranteeing the independence of the Arab renaissance is how to harness this alter- judiciary. native such that it enhances internal reform Legislative reform: There is a compelling initiatives while the impact of its most critical need to modernize Arab legal systems, to make defects is minimised. them compatible with international human Under all circumstances, co-operation with rights standards and effective in protecting external non-governmental and governmental human rights and freedoms in practice. Con- actors can be rewarding if all parties respect stitutions need to be reformed to end the per- Establishing a society key principles: manency of political power and to hold ruling of freedom and good authorities responsible for their actions before • freedom for all and complete adherence to the judiciary and elected representational bod- governance requires international human rights law, in particular ies. Political pluralism should be guaranteed comprehensive reform the right to national liberation by an effective system based on the principle • absolute respect for the tenet that Arabs of governance at three of equality. should ﬁnd their own way to freedom and It is equally critical that Arab constitu- interactive levels: good governance through innovation by Arab tions must guarantee fundamental rights and social forces, without pressure to adopt ready- internal, regional and freedoms. The constitution should clearly pro- made models vide that it is unlawful to enact any legislation global. • inclusion of all societal forces in Arab that restricts rights and freedoms. countries in a system of good governance to It is equally critical to reform laws regulat- ensure popular representation ing political rights, such that they afﬁrm the ·• full respect for the outcomes freely chosen principle of equality, and ensure that the prin- by the people ciples of citizenship and equality apply to all • dealing with Arabs in a partnership of constituent elements of national society. equals free from patronage. Legislation must guarantee that citizens are free to set up civil society organizations and to

20 ARAB HUMAN DEVELOPMENT REPORT 2004 enact parties, as well as to protect the right of Perpetuating power in the name of democracy and the people parties to carry out peaceful political activities. Also necessary is a reform of Arab laws to en- Article 77 of the Egyptian Constitution The stated reason for the amendment of 1971 limits the maximum term in of- was that the President’s term “began be- sure the protection of personal freedoms, the fice of the President of the Republic to fore the Constitution was promulgated, prevention of illegal arrest, torture, administra- two consecutive terms. and in accordance with article 190 and tive detention and disappearances. Towards the end of President Sadat’s article 77, his term of office concludes in Political reform: The way to achieve good second term of office, this constitutional November 1983. This outcome, resulting provision was amended, on 30 April from the application of this provision, is governance in the Arab region is through fun- 1980, to permit the President of the Re- not consistent with the democratic prin- damental reform of its political architecture. public to be re-elected for further terms ciples which our society safeguards.” This means, in particular, ending the execu- of office with no upper limit prescribed. tive’s monopoly of power, and the marginalization of other state organs, which obstructs own independence; and creating networks the free and healthy development of society’s of associations and organizations with similar capabilities and potential. In some countries, goals. this requires a clear distinction in both law and In terms of parliamentary representation, practice between the state apparatus and the it is essential to establish the principle of total party in power, so that the party concerned equality among citizens and provide safe- does not enjoy the prerogative of using state guards against disqualifying candidates from The elites of political services to strengthen its presence, in breach of parliamentary representation on any basis. society need to the principle of equality before the law. Also required is the adoption of affirmative develop a constructive The achievement of these desired reforms action policies targeting marginalized groups. confers duties and responsibilities on the state These include allocating a quota of posts in discourse and reject and all societal forces. government and the legislature for minorities, policies of exclusion. The obligations of the State include allow- and for women while maintaining the principle ing freedom of expression and organization, of competition within quotas. It remains neces- starting a direct dialogue with all active forces sary to establish ethics committees for fairness in society, safeguarding the independence and in parliaments to prevent deputies from abus- integrity of governance institutions, as well as ing their political standing. carrying out comprehensive structural and Changes at the Pan-Arab level functional reform of the security services. All service branches must obey the law, and Establishing good governance at the pan-Arab should be at the service of the people and the level entails transforming the ineffective re- nation, and not the ruler, party, sect or tribe. gional set-up of the present day into a variety of The élites of political society need to structural arrangements aiming at integration. Establishing good develop a constructive discourse and reject It is suggested that regional mechanisms policies of exclusion. They must also strive to are set up to settle disputes and support pre- governance at the find common ground among political forces ventive diplomacy between states. It has be- pan-Arab level entails and create a new mould for the political scene, come necessary for Arab countries to conclude clearly distinct from past trends of polariza- a new Arab Human Rights Convention, fully transforming the tion and fragmentation, which could seriously conforming to the human rights system. The ineffective regional hamper genuine democratic transformation convention should provide the mechanisms in the Arab region. In addition, the political necessary to stop violations at the country and set-up of the present élites must demonstrate adherence to their pan-Arab levels. Perhaps the most important day into structural own principles, seeking democratic solutions of these would be an Arab Council of Human to settle differences. Rights and an Arab Court of Human Rights, arrangements aiming Civil society has its obligations as well. which would allow individuals to bring action at integration. They include developing appropriate meth- directly against their own governments. odologies and conceptual frameworks to adapt civil and human rights work to the local Arab Governance at the Global level environment; reaching out to include the widest possible social spectrum; securing their The global system will need to be reformed

EXECUTIVE SUMMARY 21 to provide effective and peaceful channels for foundations for the principles of transparency settling disputes and a framework of fair rules and disclosure in all organizations throughout that are subscribed to, and implemented by all. Arab society. The system has to uphold the rule of law on the As such, this act requires an initial far- strong and the weak alike. This would require reaching legal and organizational reform the the development of an international instrument crux of which is the guarantee of key freedoms that can serve as an unbiased arbitrator, and and independence of the judiciary and changes provide peace, security and advancement for that bind ruling authorities to the law and se- all humankind on a strong human rights basis, curity forces to their original mandate in pro- as well as on justice and prosperity for all. tecting the security of citizens and the nation The UN’s credibility, which would be en- The climate of freedom created by un- hanced through its development, can enable it leashing these key freedoms can be expected to play a crucial role in the process of transfor- to secure the remaining conditions for sys- mation towards good governance and freedom temic change: high quality institutions within in Arab countries. The organization can ensure civil and political societies at the national and the completion of initial legal reforms assuring regional levels; and a political, legal and social civil society organizations the freedom to exist basis for subsequent acts in the “izdihar” sce- The (global) system and operate; and guarantee that conditions are nario to unfold. met for holding free and fair elections. has to uphold the rule Epilogue: the furthest lotus tree of law on the strong ACHIEVING PEACEFUL POLITICAL Formidable obstacles stand in the way of a so- ALTERNATION IN ARAB and weak alike. ciety of freedom and good governance in Arab COUNTRIES countries. And this is an undeniable truth. But at the end of this difficult journey, there lies The sequence of events leading to a transfor- a noble goal, worthy of the hardships endured mation of the present political context passes by those who seek it. through several stages. Vision dims the further The time has come to make up for the one peers into the future, and prospects for missed opportunities of the past. It is to be alternatives multiply. In this light, the first act hoped that the Arab people will not again fail of this transformation is so crucial that it rep- to take the historic road leading it to its appro- resents, in our view, the yardstick by which to priate place in a better, fairer and freer world, judge the seriousness of governance reform in one that it will have contributed to bring into Arab countries. being, and in whose beneﬁts it will share. The reform required in Arab countries will be marked by the total respect of the key freedoms of opinion, expression and association in Arab countries and the ending of all types of marginalization of, and discrimination against social groups. It will eliminate all types of extra-legal arrangements such as emergency laws and exceptional courts. It will lay down

Address by the UN Secretary General, Opening Session of the General Assembly, New York, 21 September 2004

All states – strong and weak, big and arbitrarily. It lacks the teeth that turn small – need a framework of fair rules, a body of laws into an effective legal which each can be conﬁdent that others system…Those who seek to bestow le- will obey…yet this framework is riddled gitimacy must themselves embody it; and with gaps and weaknesses. Too often those who invoke international law must it is applied selectively, and enforced themselves submit to it.

22 ARAB HUMAN DEVELOPMENT REPORT 2004 Part I

Changes in Human Development Since the Launch of AHDR 2003

PART I Changes in Human Development Since the Launch of AHDR 2003

Introduction was postponed to the next meeting. Calls for the reform of the League of Arab This opening section of the Report reviews States grew more insistent through this period. changes influencing human development in The Government of Yemen put forward a draft the Arab world dating from the completion document entitled “Development of the Joint Prospects for human of the second AHDR up to mid-2004. These Arab Action Mechanism”. The Government of changes are reflected in certain national, Egypt also tabled an initiative aimed at “devel- development in the regional and international developments oping the League of Arab States and activating Arab world have been that, in the view of the Report team, had the the Joint Arab Action mechanism”. greatest impact, for good or ill, on countries Against the backdrop of a rising tide of affected by domestic of the region. Readers may thus be able to reform initiatives from outside the region, and international form an overall view of the human develop- these various initiatives coalesced into a single ment situation in Arab countries. joint draft document that has been adopted by attempts at promoting Prospects for human development in the the Governments of Egypt, Saudi Arabia and reform. Arab world have been affected by domestic Syria. The text was laid before the meeting and international attempts at promoting of Arab Ministers for Foreign Affairs held in reform; they have also been influenced by Cairo early in March 2004. developments at the regional and international At the same time, the Secretary-General of level. Many of these trends have had a negative the League of Arab States unveiled a draft pro- impact on Arab human development. posal for reforming the League and putting the Joint Arab Action mechanism into effect. The ARAB INITIATIVES TO PROMOTE proposal contained nine main annexes. They REGION-WIDE REFORM dealt respectively with: the establishment of an Arab Parliament, the establishment of an Arab Security Council, the basic statute of an Arab OFFICIAL ARAB REFORM EFFORTS Court of Justice, strengthening joint Arab economic action, development of the Economic Since the publication of AHDR 2003, Arab and Social Council, the establishment of an governments and civil society organisations Arab Investment and Development Bank, Calls for the reform of have undertaken a variety of reform initiatives a procedure for the adoption of resolutions the Arab League grew to address some shortcomings in the Arab within the League, a mechanism for monitor- world. ing the implementation of resolutions, and the more insistent in this establishment of a High Council for Arab Cul- Formal initiatives period. ture (Al-Ahram, in Arabic, Cairo, 2 March), The “Charter for Reform of the Arab (selected documents, Annex 2). Situation”, proposed by the Crown Prince of On 24 May 2004, the Arab summit was Saudi Arabia, was the first in a series of such finally held in Tunis. While almost half the internal reform initiatives. The draft Charter Arab leaders were absent and though the was to have been submitted to the summit meeting faced other difficulties, it produced a conference held just before the invasion of “Pledge of Accord and Solidarity”, which was Iraq in 2003, but under the circumstances it initialled by Ministers for Foreign Affairs. The

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 25 summit also issued a “Declaration on the Proc- the reform of Joint Arab Action mechanisms ess of Reform and Modernisation”. Although was postponed to the Algiers summit, which is it included many constructive positions, the scheduled for 2005. document, in the view of this Report, did not venture sufficiently into the essence of freedom CIVIL SOCIETY REFORM and good governance. INITIATIVES These various declarations were also short on details concerning the effective implemen- Civil society organisations were spearheading tation of principles adopted. The substance of several reform initiatives as this Report was being prepared. BOX 1 Declaration on the Process of Reform and Modernisation The Regional Conference on Democracy, in the Arab World (excerpts) Human Rights and the Role of the Interna- Continuation and intensification of ef- • Action to modernize the social tional Criminal Court (Sana’a, January 2004) forts in pursuit of the political, economic, structure of our States, upgrade their resulted in “ The Sana’a Declaration”. social and educational reform process education systems and develop data In March 2004, a conference of Arab civil with a view to the progress of Arab socie- bases incorporating scientific, technical society organisations was held at the Bibli- ties stemming from their own free will, and technological progress in the world, otheca Alexandrina on “Arab Reform Issues: consistent with their cultural, religious thereby enabling our societies to cope and civilizational values and concepts with the demands of the spirit of the age Vision and Implementation”. The President of and the circumstances and potential of while still retaining our identity and con- the Republic of Egypt inaugurated the confer- each State: tinuing to respect our basic traditions. ence and the participants issued “The Alexan- • Action to deepen the foundations • Greater efforts to enlist the interna- dria Charter”. of democracy and consultation, and to tional community in the task of achieving broaden participation in political life a just, comprehensive and lasting settle- On 1-3 June 2004 the “Arab Regional Con- and decision-making, in the context of ment of the Arab-Israeli conflict, in ac- ference on Education for All” took place and the rule of law, equality among citizens, cordance with the Arab peace initiative issued “The Arab Vision for the Future”. respect for human rights and freedom and the relevant UN resolutions, with a In December 2003 an Arab Business of expression in accordance with the view to: provisions of the various relevant inter- - the establishment of an independent Council Meeting was organized in Aqaba, national conventions and charters and Palestinian State in its homeland, having which called for reform. the Arab Charter for Human Rights, East Jerusalem as its capital, Excerpts from some of these documents and safeguards for the independence of - Israel’s withdrawal from all the oc- can be found in Annex 2. the judiciary, with a view to strengthen- cupied Arab territories to the borders of ing the roles played by all components 4 June 1967, including withdrawal from of society, including non-governmental the occupied Syrian Golan and the Shaba THE STRUGGLE WAGED BY CIVIL organisations, and participation by all Farms of Lebanon, AND POLITICAL FORCES IN THE social groups, men and women alike, in - the realization of a just, agreed ARAB WORLD public life, as a means of ensuring that solution to the issue of the Palestinian the elements of citizenship are solidly refugees pursuant to General Assembly grounded in the Arab world. resolution 194, one that excludes all Despite the many hurdles in their way, inde- • Action to ensure the welfare of chil- forms of Palestinian resettlement that pendent political and civil forces in the Arab dren and young persons, and continued are incompatible with the distinctive world are taking firm steps to pursue politi- action to enhance the role played by situations of the Arab host countries cal reform in Arab countries. Their efforts in women in Arab society, strengthen their - and affirms that the commitment individual countries contribute to the broader rights and promote their status, with to peace is a strategic choice entailing a view to enabling them to contribute a corresponding Israeli commitment to reform movement in the region. more effectively to the comprehensive faithful implementation of the relevant development process through fuller UN resolutions, Freedom and respect for human rights participation in various areas of political, - the convening of a UN conference economic, social and cultural life. aimed at ridding the Middle East region, In Morocco, where civil activity has been • Preparation of a comprehensive Arab including Israel, of weapons of mass vigorous for years, human rights and political economic, social and human develop- destruction, thereby bringing about organizations persuaded the Government to ment strategy aimed at establishing the security and stability in the region, elimi- concepts of good governance, addressing nating tension and distrust, and orienting acknowledge earlier violations, in particular the phenomena of poverty, illiteracy and the energies of the States of the region relating to the disappearances of political environmental protection, creating jobs toward comprehensive development and opponents, and to take steps to address the and providing health care in the Arab a more secure and prosperous future for issue. Civil society movements achieved per- world. their peoples. haps their greatest triumph in January 2004, Source: Al-Ahram, Cairo, in Arabic, 24 May 2004

26 ARAB HUMAN DEVELOPMENT REPORT 2004 when the Family Code (Personal Status Act), expanded. Their peaceful demands however, which met many of the demands of women’s met with a strong response from the authori- movements, was approved by parliamentary ties, which broke up the demonstration and consensus. arrested 30 demonstrators. At the beginning In Bahrain, the National Committee for of the year, approximately 700 Syrian intel- Martyrs and Torture Victims began demand- lectuals and activists signed a note to demand ing compensation for the families of those greater freedoms and the introduction of po- Civil society forces killed and tortured by the security forces. It litical reforms. A group of opposition parties also called for those responsible for human and human rights associations also launched and political parties… rights violations in Bahrain to be brought to a political reconciliation initiative based on a use what margins justice. This Committee has managed to col- draft national charter establishing freedom of lect signatures from 33,000 citizens (Bahrain political action for all. of media freedom has a population of 400,000) on a petition are available to fight demanding the repeal of Decree-Law No. 56, Stronger grass-roots participation according to which court proceedings cannot corruption and human In all Arab countries that permit party activ- be brought against anyone responsible for pre- ity, political parties continued their efforts to rights violations and vious wide-scale human rights violations. strengthen grass-roots participation in parlia- In Tunisia, organizations that the Govern- to call for democracy. mentary and presidential elections. Such ef- ment does not recognize, or which face har- forts were conducted in the face of numerous assment or squeezes on funding, nonetheless official obstacles; in Egypt, for example, the waged active campaigns. One in particular Muslim Brothers organization was refused offi- included seeking a general legislative amnesty cial permission to constitute itself as a political for political prisoners. Similarly, students acted party, and its members were denied the oppor- in solidarity with political detainees on hunger tunity to run for election. Activists were de- strike for improved conditions by organizing tained and voters were restricted. Despite such their own hunger strikes and sit-ins, which difficulties, the Muslim Brothers announced were forcibly broken up by security forces. an initiative for general reform in Egypt. Some student leaders were also expelled from In Mauritania, the most prominent candi- university by the authorities. dates for the presidency were arrested and in In Egypt, Algeria and the Sudan civil society Algeria one candidate was forbidden to stand forces and political parties, including banned for election. In Morocco, some new parties Political parties groups, use what margins of media freedom are such as the Justice and Development Party, available to fight corruption and human rights continued their which has moderate Islamist leanings, success- violations and to call for democracy. Long- fully acquired the legal right to operate openly efforts to strengthen established trade union and professional as- and won the second largest number of votes in sociations continued their defence of freedoms, grassroots the parliamentary elections. incurring official harassment; in Egypt, some participation in were placed under surveillance, and attempts Towards political reform were made to incapacitate them or impose parliamentary government controls. Civil society institutions In countries where party activity is not officially and presidential organized a variety of initiatives, in particular recognized, political movements continued to demonstrations against the war in Iraq and in press for reform. In Kuwait, political move- elections…in the solidarity with the intifada in Palestine. The au- ments and civil society organizations stepped face of numerous thorities, however, repressed these initiatives. up their calls for political change. Newspapers, In Syria, where a state of emergency is still which enjoy relatively greater freedom in that obstacles. in effect, dozens of members of associations country, are a basic forum for the expression and organizations assembled in March 2004 of civil and political demands. A campaign was in front of the Parliament building on the led against a Government proposal to tighten 41st anniversary of the accession to power of the provisions of the Press and Publications the ruling Ba’th party. They demanded that Act and demands increased for amending the the state of emergency be lifted and freedoms Assembly Act, under which it is a criminal of-

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 27 fence to convene a group of over 20 persons of their full participation in public life was to discuss any subject. Political forces and submitted. Another petition, “Constitutional civil society institutions continued to call for reform first”, was signed by 116 national per- the rights of women to stand as candidates sonalities, both Shi’ite and Sunni, most of them and vote, as well as for reducing the voting age with religious leanings. The petition called for a to 18 years. They also campaigned for the par- constitutional monarchy and fundamental po- ticipation by members of the military forces in litical reforms, including elections, control of elections and for measures to address the situ- public funds and reform and independence of ation of the stateless Bidun and enable them the judiciary. In January 2004, after the second Saudi Arabia to study, receive medical treatment, marry, round of national dialogue in the holy city of relocate, travel and work. The Kuwait parlia- Mecca, the official statement, “All for reform”, witnessed an ment is regarded as an important platform for was declared and signed by some 900 people, unprecedented expressing grassroots demands, monitoring mainly liberals, from throughout the King- the government and questioning government dom. The Crown Prince met with a number number of civil officials. of delegations to discuss their declarations and initiatives. At the beginning of 2004, Saudi Arabia proposals. Such progress, however, suffered a witnessed an unprecedented number of civil setback after the authorities detained a group initiatives that were distinctive insofar as they of reform leaders at the end of March 2004. were relatively acceptable to the government. In Libya, civil and political movements The year began with a symposium, convened in continue to call for reform through the op- London by a liberal opposition group, which position abroad. At the beginning of 2004, called for the swift introduction of political a human rights organization (Watch) was and legal reforms. established in London, which is also a base In January 2003, 104 activists from differ- for various Internet publications that monitor ent regions and with differing intellectual and developments in Libya. confessional approaches signed a document, addressed to the Crown Prince and entitled Towards peace “A vision for the present and future of the In countries experiencing civil war, such as homeland”. This was followed in April by the Somalia and the Sudan, civil society organi- presentation of another document, “Partners sations operating under international and rein the homeland”, signed by 450 Shi’ites (men gional sponsorship remain pivotal in driving and women). It contained their demands for the peace efforts under way in Kenya. (These religious freedoms and civil rights, includ- The Kuwait parliament efforts have been proceeding for over a year in ing measures to tackle discrimination against the case of Somalia and for over 10 years in the is regarded as an them. case of the Sudan). Significant breakthroughs In June, followers of the Ismaili sect in important platform for were achieved in this period. Such organiza- Najran presented a manifesto entitled “The tions have strived to contribute to peace efforts expressing grassroots homeland for all and all for the homeland” by holding symposiums and workshops, by to the Crown Prince. The document called demands, monitoring meeting with and pressuring the leaderships for equality among citizens and an end to concerned and by expressing through the the government discrimination against Ismailis. This was fol- media and demonstrations their desire to lowed in September 2003 by the submission of and questioning see an urgent end to the state of war. Relief a petition entitled “Defence of the homeland”, organisations have also started to draw up government officials. which criticized acts of violence and called for plans for dealing with the post-war situation, political openness as a solution to the prevail- in particular reconstruction, the settlement of ing crises. Over 100 people, mainly liberals displaced persons and migrants and the deliv- and a number of Islamists from different re- ery of immediate services to those in need. gions of the Kingdom, signed the text. In Palestine, civil society organizations are In December 2003, a petition signed by active in many areas, from resisting occupa- 300 women and calling for improvements in tion and defending human rights to assisting the status of women, including guarantees

28 ARAB HUMAN DEVELOPMENT REPORT 2004 in relief and humanitarian aid operations and Arabs and some European countries the US calling for reform. embarked on consultations with its European To conclude, various networks are now allies and some Arab leaders. The result was springing up in order to promote the different put forward in an amended project called causes pursued by Arab civil organizations, cre- the “Broader Middle East Initiative”, which ating links among them and reaping the benefit proposed more limited objectives. It was of their joint resources. Such activities include adopted at the G8 summit in June 2004. Re- meetings, such as the Alexandria Conference, sponding to Arab requests, the new initiative which advocated speedy political reform in all acknowledged the importance of resolving the Various networks Arab countries. In addition, Internet networks Arab-Israeli conflict and of returning security and Arab media establishments, including sat- and peace to Iraq. At the same time, it was are now springing ellite channels and newspapers in the Arab di- reiterated that conflict should not stand in the up to promote the aspora, now offer wide opportunities for Arab way of reforms. political and civil forces to communicate with The cornerstone of this initiative is the different causes one another, publicise their activities and open “Future Forum”, a consultative mechanism of pursued by Arab civil the way to joint initiatives. interested nations under which ministers from These developments underscore the vital- both sides meet. Parallel forums for business- organizations. ity of civil and political life, energies all the men and NGOs were also to be established. more remarkable because, given the frequent Through these mechanisms, consultations are hostility of the authorities, often the simplest to be conducted around political reform (mov- public activism, such as providing services to ing towards democracy, the rule of law and disaster victims or the families of political pris- respect for freedoms and human rights); social oners, or even undertaking garbage collection, and cultural reform (reform and development entails risks. of education and respect for women’s rights and the rights of expression); and economic EXTERNAL ATTEMPTS AT reform (enhancement of trade and investment CHANGE: THE BROADER MIDDLE opportunities, financial resource mobilization EAST INITIATIVE and eradicating corruption). Although the modified initiative acknowl- The US Administration presented to the G8 edges that reform should come from within countries a reform project in the region. The Arab societies and meet the Arab people’s project, initially called “The Greater Middle aspirations, there remain questions around the East Initiative”, included a call to reshape the effectiveness of its recommendations especially Middle East through economic and social re- since the ceiling of such recommendations has forms that preserve the security interests of been lowered and they have been incorporated the US and its allies in the region. The initia- into existing projects that have not achieved tive called for promoting democracy and good notable results. The simplest public governance, the establishment of a knowledge Reform initiatives of the kind cited in this society and the enhancement of economic op- section, both those originating in and outside activism…entails portunities. the region, were launched in an international risks. After the document was leaked to the news- and regional context that often held up progress. paper Al-Hayat and its contents published on As the next section illustrates, that context also February 13, 2004, the initiative encountered affected human development negatively. strong criticism in Arab circles. Its critics said that the initiative did not acknowledge the role THE REGIONAL AND of Israeli occupation in impeding freedom and INTERNATIONAL CONTEXT development in the region, and that it was drafted without consulting the Arab world. The continued occupation of the Palestinian Moreover, they maintained that it gave Arabs no territories by Israel, the US-led occupation of significant role in deciding their future course. Iraq and the escalation of terrorism had an ad- After reservations on the first draft by verse influence on prospects for Arab human

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 29 development. ISRAELI OCCUPATION OF The international human rights system PALESTINE CONTINUES Occupation is the condemns foreign occupation as a violation of a TO CONSTRAIN HUMAN people’s right to freedom. Freedom lies at the DEVELOPMENT AND FREEDOM negation of freedom heart of the concept of human development. and the right to self- Occupation is the negation of freedom and the The protracted conflict in the occupied right to self-determination, and thus obstructs Palestinian territories has resulted in escalat- determination. human development. This can be seen particu- ing human and economic losses to both sides, larly in Palestine where occupation has given albeit disproportionately. However, since the rise to significant violations of fundamental scope of this Report is confined to Arab human human rights, while eroding people’s essential development, this section naturally focuses on capabilities, frustrating the efficient use of the impact of occupation on Arab develop- those capabilities and cutting short many opment. portunities for human development. In the period under review, the UN Com- The practices of occupation forces, par- mission on Human Rights (Round 60, March ticularly in Palestine, amounted to human 2004, Annex 2) condemned Israel’s occupa- The protracted conflict development reversals for Arabs as the region tion of Palestine as a crime against humanity experienced setbacks because opportunities and a flagrant violation of human rights. The in the occupied for peace and security were not grasped. occupation resulted in the following: Palestinian territories Such practices sapped the struggle for freedom and good governance in Arab countries Violations of the right to life has resulted in in several ways. They provided Arab regimes In 2003 and in early 2004, Israeli forces with pretexts to halt or postpone the process of escalating human stepped up their raids and incursions into, and democratization, citing external threats. They re-occupation of cities and villages in the West and economic losses forced Arab reformers to focus their struggle Bank and Gaza, inflicting significant human on resisting occupation, leaving less space on to both sides, albeit and material devastation. their agendas for democratic reforms. And Between May 2003 and end-June 2004, a disproportionately. they strengthened extremist groups as violent total of 768 Palestinians were killed and 4,064 as the occupiers, hence further narrowing injured (Palestinian Red Crescent Society web- opportunities to achieve greater freedom in site, www.palestinercs.org, September 2004). the Arab public sphere and stifling emerging 22.7 per cent of Palestinians killed during reform initiatives. that period were children under 18 (B’Tselem website, www.btselem.org, September 2004). In the same period 189 Israelis were killed, 8.9 per cent of them children. The majority of Israeli civilians were killed when Palestin- ians blew themselves up in crowded locations inside Israel. It goes without saying that any BOX 2 loss of innocent life is unconscionable and un- The Arab people’s views on the importance of the acceptable. Palestinian question Actions of the Israeli Occupation army A field study into Arab values, beliefs countries (Jordan, Egypt, Morocco and against civilians, particularly in Rafah, received and concerns found that among issues Saudi Arabia) said that it was among the that people in seven Arab countries top four priority issues. Both Morocco widespread condemnation. The Security considered of the greatest importance in and Saudi Arabia said it was the most Council condemned the Israeli operations (SC the region, the Palestinian question was important issue. resolution 1544, 19 May 2004) with 14 out of rated at between 69% and 97%. Four 15 members voting in favour and the US ab- (Source: Zogby, 2002, 34) staining. Israeli citizens also protested against

1For example, Avraham Burg, the former Speaker of the Knesset and current Member representing the Labour Party: “Israel’s Failed Society Collapses, Zionism’s End?”, International Herald Tribune, Washington DC, September 2003. Keren Yedaya, ﬁlm director, on the occasion of receiving the Camera d’Or at the 2004 Cannes Film Festival: “I come from Israel and we are responsible for the slavery of three million Palestinians. Please, there are many people in Israel who are ﬁghting this occupation. Help them. Help the Palestinians,” (Agence France Presse, 1 June 2004).

30 ARAB HUMAN DEVELOPMENT REPORT 2004 1 these actions while some members of the damaged in the West Bank since 2000. Between Forced fragmentation Israeli Army refused to serve in the Occupied September 2000 and through September 2004, Territories and to wear their military medals.2 more than 24,000 Palestinians living in the has precipitated Between September 2000 and September Gaza strip have been made homeless by Israeli a large-scale 2003, assassination operations by Israel esca- house demolitions. In the ﬁrst nine months of lated causing the deaths of 328 Palestinians. 2004, the Israeli Defence Forces demolished on humanitarian crisis (in Targeting Palestinian leaders, Israel assas- average 120 residential buildings each month - Palestine). sinated Dr. Abdel Aziz al-Rantissi (April 17, or four each day.4 Israel’s incursion into Rafah 2004) after killing Sheikh Ahmed Yassin, in May 2004 alone left some 4,000 Palestinians the spiritual leader of the Islamic Resistance homeless after the Israeli army destroyed their Movement (Hamas) on 21 March 2004. Al- homes supposedly to prevent arms smuggling though the US used its veto to prevent the UN through tunnels. Security Council from condemning Israel for the assassination of Sheikh Yassin, the act was BOX 3 widely criticized around the world. It was also Unnoticed Losses condemned by elements of Israeli society. Testimony of Peter Hansen, Commis- commonplace that it fails to make the sioner-General of UNRWA grade as news. After all, something that Violations of human rights and individual “It is the unfortunate lot of the Palestin- happens every day, usually more than and collective freedoms ians that the loss of their homes to the once a day, eventually stops being news. maws of Israeli military bulldozers or But it doesn’t stop being terrifying. In the past year, this pattern has intensified powerful explosive charges is now so reflected in collective punishment, including Source: International Herald Tribune, 23 June 2003 arbitrary arrest and detention, and repeated restrictive closures. Figures issued by the Palestinian Ministry of Detainees and Ex- BOX 4 Prisoners (July 8, 2004) indicate that 7,400 World Bank President Finds Israel’s Conduct Shameful Palestinians were imprisoned in Israeli jails “Israel’s military operations pertaining to thousands of people without a roof over and camps at the end of June 2004. 470 of the demolitions of thousands of homes their heads ….As a Jew, I am ashamed of those incarcerated were children, of whom 206 in Rafah are reckless, and leaves tens of this kind of treatment of people”. Source: World Bank Blasts Israel in Wake of Gaza Operations, David Lipkin quoting James D. Wolfensohn, Maariv spent their 18th birthday in prison. (Source: International, 17 May 2004 International Press Centre, July 2004). Checkpoints and curfews have continued to restrict the free movement of people, services and goods within, to and from Palestine. Social and economic losses At the beginning of 2004, an estimated 734 checkpoints were dividing Palestinian territo- Nutrition and health conditions have dete- Israel has demolished ries into enclaves. This forced fragmentation riorated in the Occupied Territories since has precipitated a large-scale humanitarian cri- September 2000. The number of anaemic 4,000 Palestinian sis and adversely affected Palestinian economic children aged 6-59 months has increased to homes in the past and social rights. 37.9%5. Palestinian women have been most Israel continued its policy of demolitions, severely affected with 48% of women aged 15- three years. 3 destroying property and land. More than 49 suffering from anaemia.6 Post-natal health 12,000 homes have been either demolished or care has also decreased while child birth rates

2“It is an organization that doesn’t hesitate to drop bombs on the most densely populated areas in the world.” Captain Alon, expressing his embar- rassment over belonging to the Israeli Armed Forces, Newsweek. 3 Amnesty international declared that the repeated practice by the Israeli army of deliberate and wanton destruction of houses and civilian property was a grave violation of international human rights, notably of Articles 33 and 53 of the 4th Geneva Convention, and constituted a “war crime.” (Press Release 13 October 2003). 4 Ofﬁce for the Coordination of Humanitarian affairs. occupied Palestinian territory. Humanitarian Information Fact Sheet January 2005. www. Humanitarianinfo.org/opt/OCHA 5 UNICEF, At a glance: occupied Palestinian territory.www.unicef.org/infobycountry/opt_1535.html. 6 UNDP: Millennium Development Goals Report - Palestine.2002

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 31 at hospitals have decreased to 67%.7 In 46 re- tated resulting in increased poverty and unem- Pregnant women corded cases, pregnant women who were held ployment. Currently 58.1% of the population who were held up up at checkpoints were unable to reach a hos- subsists below the poverty line and unemploy- 10 at checkpoints were pital in time and had to give birth on the spot. ment is estimated to be 28.6% (UN/OCHA). More than half the infants born under these Hesitating to carry out necessary insti- unable to reach a conditions (27 of them) died during delivery.8 tutional reforms and without the means to hospital in time and UNICEF notes that at the start of the govern effectively at its disposal, the Palestin- school year 2002/2003, over 226,000 children ian National Authority proved unable to cope had to give birth on and 9,300 teachers were unable to reach their with meeting people’s needs. the spot. schools. 580 schools have been closed as a result of Israeli curfews, checkpoints and restric- The separation wall undermines human development tions on movement.9 The Palestinian economy has been debili- Israel continued constructing the separation wall, which does not follow the boundary between the occupied territories and Israel but BOX 5 By Law, This Wall Should Come Down - Findings of the incorporates Palestinian land. The Wall is thus International Court of Justice (ICJ). twice as long as the old boundary and represents an expansionist move by Israel. The building The International Court of Justice found, Territory (with the exception of Israeli of the wall was condemned in a UN General by 14 votes to 1, that: citizens and those assimilated thereto) “The construction of the wall being as guaranteed under Article 12, para- Assembly resolution adopted in October 2003 built by Israel, the occupying Power, graph 1, of the International Covenant by 144 votes (UN General Assembly Resolution in the Occupied Palestinian Territory, on Civil and Political Rights. They also ES-10/13). The Secretary-General also issued including in and around East Jerusalem, impede the exercise by the persons con- a statement on 28 November 2003 describing and its associated régime, are contrary to cerned of the right to work, to health, to international law;” education and to an adequate standard of Israel’s action as contrary to international law. By 14 votes to 1, the Court stated living as proclaimed in the International The International Court of Justice, in that: Covenant on Economic, Social and Cul- response to a General Assembly request, also “Israel is under an obligation to tural Rights and in the United Nations issued a decisive advisory opinion on July 9, terminate its breaches of international Convention on the Rights of the Child.” law; it is under an obligation to cease In reaching its conclusions, the ICJ 2004 on the legal consequences of construct- forthwith the works of construction of considered and set aside Israel’s conten- ing the Wall. The Court ruled (by a substantial the wall being built in the Occupied tion that construction of the wall was majority of 14 to 1) that the Wall violates Palestinian Territory, including in and an act of self-defence and moreover re- international law, declared that it should be jected its claim that the structure was an around East Jerusalem, to dismantle removed and called on Israel to compensate forthwith the structure therein situated, unavoidable necessity: “The Court is not 11 and to repeal or render ineffective forth- convinced that the construction of the Palestinians harmed by the structure. with all legislative and regulatory acts wall along the route chosen was the only Subsequently, on July 20, the United Na- relating thereto;” means to safeguard the interests of Israel tions General Assembly approved the Court’s By 14 votes to 1, the Court further against the peril which it has invoked as findings by a substantial majority of 165-6, with ruled that: justification for that construction.” “Israel is under an obligation to The Court concluded, 14 to 1, by 15 abstentions. However, Israel announced make reparation for all damage caused urging that: “the United Nations, and that it would proceed with the construction by the construction of the wall...;” especially the General Assembly and the of the Wall. On matters of human rights, the ICJ Security Council, should consider what The first section of the Wall has been built. was of the opinion that: “the construc- further action is required to bring to an Completion of the three planned phases will tion of the wall and its associated régime end the illegal situation resulting from impede the liberty of movement of the the construction of the wall and the as- result in the loss of 43.5% of Palestinian land inhabitants of the Occupied Palestinian sociated regime.” to the Israeli side of the Wall (Palestinian sub- Source: International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian mission to the International Court of Justice, Territory, Advisory Opinion of 9 July 2004. 88-89, in Arabic), as well as the “balkanisa-

7 ibid 8 ibid 9 UNICEF, At a glance: occupied Palestinian territory.www.unicef.org/infobycountry/opt_reallives.html 10 Ofﬁce for the Coordination of Humanitarian affairs. occupied Palestinian territory. Humanitarian Information Fact Sheet January 2005. www. Humanitarianinfo.org/opt/OCHA 11 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Summary of the Advisory Opinion of 9 July 2004.

32 ARAB HUMAN DEVELOPMENT REPORT 2004 tion” of the remaining Palestinian territories. BOX 6 When finished the Wall will divide the West Israel’s Restrictions on Churches in the Holy Land Bank into cantons in three separated areas Christian churches in the Holy Land are “The most difficult situation in liv- where life in some pockets will be extremely facing an unprecedented crisis that some ing memory for the Church in the Holy difficult. As box 6 illustrates, the Wall is also say is jeopardizing their future, including Land”, according to Bishop Wilton slicing through religious facilities and blocking their capacity to maintain the faith’s holy Gregory, president of the US Conference sites and charitable institutions and to of Catholic Bishops in a letter he sent to pilgrimage routes, hampering people’s right to educate clergy. President Bush. practice their faith. The Israeli government has failed “In the Catholic world there is a to renew visas or residence permits for growing view that Israel has deliberately Looking to the Future hundreds of religious workers, and has framed a policy to hurt the Church”, begun sending tax bills to charitable the Rev. David Jaeger, representative of From a human development perspective, groups that have long had tax-exempt the Holy See told the Israeli newspaper only the end of Israel’s occupation of territo- status, some since the Ottoman Empire. Ha’aretz. At the same time the separation wall “It’s hard to accept that it’s a purely ries occupied in 1967 and the restoration of being built in Jerusalem and on the West bureaucratic problem…renewing a visa Palestinians’ rights, formost among which is Bank is slicing through religious facilities, used to take only half a day. They even the right to self-determination, will bring about in some cases taking land and blocking are threatening to expel a sister who is that lasting peace the absence of which so far pilgrimage routes. 92 years old and has lived here for more “All indications point to the fact than 50 years, and another who is 82”, has contributed to frustrating human develop- that the church is slowly but surely being stated the Rev. Robert Fortin, a Catholic ment in the region. strangled,” said an official at the Latin official. Patriarchate. THE IMPACT OF THE Source: Christian Science Monitor, 4 May 2004. OCCUPATION OF IRAQ ON HUMAN DEVELOPMENT and checkpoints and through the shelling of residential areas. As a result of the invasion of their country, the The occupying powers failed to meet their Iraqi people have emerged from the grip of a obligations under the Geneva Conventions to despotic regime that violated their basic rights provide security to citizens. Iraq witnessed an and freedoms, only to fall under a foreign oc- unprecedented loss of internal security, with cupation that increased human suffering in the killings and acts of terrorism in most parts of The Iraqi people have following ways: the country, including a series of explosions emerged from the during the religious celebrations of Ashoura Absence of security and violations of the grip of a despotic right to life and targeting some churches in Iraq, possibly intended to trigger ethnic and religious strife regime that violated Under occupation, the security of Iraqi citi- in the country. There were also attacks on re- their basic rights zens deteriorated, and their lives came under ligious leaders and imams of mosques. Other further threat. The end of major combat op- victims have included a number of nuclear only to fall under a erations in May 2003 did not signal an end scientists, outstanding scientific experts, uni- foreign occupation to the killing of Iraqi civilians. According to versity professors, judges, doctors and others Amnesty International, at least 10,000 people of notable achievement in the arts and litera- that increased human were killed12 between the start of the mili- ture (Arab Organization for Human Rights). suffering. tary intervention and March 2004. (Amnesty A survey conducted by a British organization International, 18 March, 2004). showed that three-quarters of Iraqis in the The largest number of victims fell during Middle and the South do not feel safe (Oxford search-and-arrest operations, as a result of Research International, 2004).13 shootings at demonstrators, or at road-blocks International organizations were not

12 An updated estimate of Iraqi casualties since the 2003 invasion, published after this Part was completed, puts the ﬁgures much higher. The study is based on a cluster sample survey covering Iraqi governorates, where the numbers, causes and circumstances of death were compared during the period of 14.6 months before the invasion, and 17.8 months after it. The study concluded that the death toll associated with the invasion and the violence accompanying occupation is about 100,000 Iraqis. See Roberts, L. et al.,”Mortality before and after the 2003 invasion of Iraq: cluster sample survey”, The Lancet, vol. 364, pages 1857-1864, November 20,2004. 13 Oxford Research International, National Surveys of Iraq, Oxford, 2004.

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 33 spared. The explosion at UN headquarters in this broader scope for freedom of the media, Baghdad on 19 August 2003 killed 22 people efforts to suppress views opposed to the oc- including the Special Representative of the cupation continued. Examples included a two- UN Secretary-General, Sergio Vieira de Mello. week ban by the Governing Council on the Another explosion took place at the Interna- Al-Arabiyya and Al-Jazeera networks, and an tional Committee of the Red Cross (ICRC) order by the US-led authorities in March 2004 central ofﬁce in Baghdad on 27 November closing Al-Hawzah, the newspaper of the Shi- 2003. A number of Arab and foreign civilians ite leader, Muqtada al-Sadr (news.bbc.co.uk). also fell prey to terrorist attacks, some savagely The interim Iraqi government has since lifted beheaded. the ban on Al-Arabiya and Al-Hawza but not on Al-Jazeera. The right to freedom Women suffered the Mis-treatment of prisoners of war and Thousands of Iraqis have been imprisoned detainees most. since the occupation began. The BBC reported on April 2004 that, according to the United Towards the end of April 2004 the media pub- Kingdom authorities, US and UK forces lished photographs depicting the inhumane were holding more than 5,300 Iraqi prison- and immoral treatment of Iraqi prisoners in ers. A large proportion of detainees were the Abu Ghraib Prison under the US military. civilians who were arrested in the course of Many victims were civilians not charged with search operations and raids. As a rule, these any offence. The exposé was shortly followed persons were not told what the charges against by reports of abuses by British troops. Such them were, and were not held under any par- mistreatment is a clear breach of the Geneva ticular provision of the law. An ICRC report Conventions. While the American-British revealed, on the basis of information obtained Coalition leaders condemned the violations, from Coalition intelligence officials, that 70% they also claimed initially that they were iso- – 90% of these detainees had been arrested in lated individual cases rather than the result of a error in the course of night raids (ICRC report, deliberate policy or of a systemic problem. February 2004). However, Amnesty International reported The spread of chaos in the country also that these were not isolated cases and that it undermined Iraqis’ security and freedom. had received numerous similar reports of tor- Abductions and disappearances became com- ture and other ill-treatment of Iraqi prisoners monplace. Some incidents involved kidnap- by Coalition forces. The organization called for pings for ransom, others were acts of revenge, an independent and impartial investigation of but the worst concerned political operations these incidents (30 April 2004). An internal US aimed at killing or removing intellectuals and army investigation report prepared by Major- Many victims were scientists (Arab Human Rights Organisation). General Antonio Taguba, in February 2004, which was leaked to the media, stated that such civilians not charged Women suffered the most. They were, and still remain, at risk of abduction and rape by violations were part of an established, system- with any offence. professional gangs. In a permanent state of atic pattern (The Antonio Taguba Report, The fear, they avoided leaving their homes and New Yorker, 4 April 2004). The International families were reluctant to send their daugh- Committee of the Red Cross disclosed that it ters to school (ibid.). In some cases, coalition had reached similar conclusions and had made soldiers also sexually abused female prisoners them available to the Coalition Forces. The (Taguba Report). ICRC noted that since the beginning of the Nonetheless, the situation did not prevent conﬂict, it had “regularly brought its concerns the revival of civil society. Numerous civil so- to the attention of the Coalition Forces…[but] ciety institutions and more than 200 political allegations of ill-treatment continued…and parties representing a variety of orientations thus suggested that the use of ill-treatment had been established, and 38 newspapers …went beyond exceptional cases and might be were in circulation by end-2003. Despite considered as a practice tolerated by the Coali- tion Forces” (ICRC report, February 2004).

34 ARAB HUMAN DEVELOPMENT REPORT 2004 The revelation that crimes of torture were being committed in Iraqi prisons brought wide BOX 7 Conclusion of the Taguba Report condemnation internationally and from within Several US Army Soldiers have commit- established regulations, policies, and the US itself. Voices in the American media ted egregious acts and grave breaches of command directives in preventing de- demanded that those responsible be called international law at Abu Ghraib/BCCF tainee abuses at Abu Ghraib (BCCF) and to account. The American Congress opened and Camp Bucca, Iraq. Furthermore, at Camp Bucca during the period August a series of investigations into the matter. It is key senior leaders failed to comply with 2003 to February 2004. noteworthy that the US media were the first to Source: Report by Major-General Taguba, p 50 broadcast the photographs of violations in Abu Ghraib Prison. from undertaking any actions that will affect the future of Iraq after the specified interim Dismantling the Iraqi State structure period. The formal transfer of power to the in- The dismantling of the structure of the State terim government took place on 28 June 2004. of Iraq, which was more than 80 years old, was Iraq’s future is still beset by dangers. From the standpoint of human development, free- one of the negative results of the occupation. After dismantling the The first signals of this policy came when dom and good governance, it is difficult to see Coalition forces stood by as governmental how lasting benefits can accrue from the grave old state, the US-led events that have occurred in the country and institutions (with some exceptions including authorities made little the Ministry of Petroleum) were looted and the massive damage it has sustained after inva- destroyed, followed by the disbanding of the sion and occupation, unless its territorial integ- progress in building a Iraqi Army. The destruction of the infrastruc- rity is preserved and sovereignty fully resides new one. ture, material resources and documents of the with the Iraqi people under a system of good various Ministries was accompanied by the governance, and unless Iraq is unified on a firm disruption of functional structures in the ob- basis of common citizenship and freedom. scure situation created by “de-Ba’thification” operations. THE ESCALATION OF TERRORISM After dismantling the old state, the US-led authorities made little progress in building a Arab countries have been subjected to new one. Despite the optimistic reports pub- a number of serious terrorist attacks, most lished by the Occupation forces and the US notably bombings in Saudi Arabia, Morocco Administration their performance continued and Iraq. Attacks have also occurred in major to be deficient. The occupation forces strug- neighbouring states: in Turkey, whose Prime gled to bring various services, such as electric- Minister took a strong position in support of These unacceptable Arab human rights (May 2004), condemning ity, water and telephones, back to their pre-war acts (of terrorism) levels. As of end - October, 2004, out of the violations, and in Spain, which can play an US$ 18.4 billion appropriated for Iraq’s re- important role as a natural bridge linking Arab affect children, countries with Europe. construction by the US Congress, an estimated women and old US$ 1.3 billion had been spent - only about 7 These are crimes that constitute flagrant, percent.14 indiscriminate violations of the human rights people who are of their victims, including such fundamental Looking to the future rights as the right to life and to physical and innocent by any psychological health. These unacceptable acts decent human By midyear, with the help of the Special affect children, women and old people who are Adviser of the UN Secretary General, an innocent by any decent human standards, or standards or any interim Government had been appointed in any religious teaching. religious teaching. preparation for holding elections and drafting In addition to the gross human costs, these a permanent constitution. Under an annex to events have undoubtedly undermined human the Law on the Administration of the Iraqi welfare and economic activity especially in State, the interim Government is prohibited those Arab countries that depend on tourism

14 Third Quarterly Report to Congress: Appendix J, US Department of Defence Status Report on Iraq, October 30,2004, cited in “Progress or Peril -Measuring Iraq’s Reconstruction”, Centre for Strategic and International Studies, December, 2004.

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 35 and foreign investment. They have also had ADDRESSING THE THREE Progress was uneven negative impacts on internal stability in the DEFICITS: GAINS AND SETBACKS in the area of region, on neighbouring countries and on the world as a whole. During the period in review some Arab coun- freedoms particularly. tries took steps to deal with their capability gaps in knowledge acquisition, freedom and good governance and women’s empowerment, BOX 8 the three cardinal deficits of the region identi- Quality Assessment of Primary and Middle Education in fied in the first AHDR. However, progress Mathematics and Science (TIMSS 2003) in the Arab World was uneven in the area of freedoms particu- RAB01/005/A/01/31 larly, where many countries experienced set- In the context of monitoring the quality The average performance in math- of education and improvement of educa- ematics, for the participating eighth backs. The following section reviews these tional achievement, nine Arab countries grade Arab students reached 392 in com- developments. participated in the project entitled: parison to a 467 international average Trends in International Mathematics scale score. Whereas the average Arab KNOWLEDGE ACQUISITION and Science Study (TIMSS 2003); these student performance in science reached countries included Jordan, Bahrain, 416 in comparison to a 474 international Tunis, Syria, Palestine, Lebanon, Egypt, average scale score. There were a number of positive developments Morocco and Yemen. It is noteworthy to mention that in the field of education, the most important of The United Nations Development Lebanon ranked first in mathematics which was increased attention to quality issues Programme supported the participation among the participating Arab countries, at the different levels of education. of Syria, Palestine, Lebanon, Egypt and achieving an average scale score of 433; Yemen, in addition to the provision of this being lower than the international In an unprecedented development, 9 Arab coordination work amongst all Arab average scale score in Mathematics. On states have now participated in an international participants. the other hand, Jordan outperformed study designed to evaluate students’ perform- TIMSS 2003 is considered the larg- Arab participating countries in science ance in science and mathematics in basic educa- est international comparative and assess- achieving an average scale score of 475; ment study aimed at measuring fourth only one score higher than the interna- tion. UNDP’s Regional Bureau for Arab States and eighth grade student achievement in tional average scale score. is enabling five of these countries to participate Mathematics and Science in almost fifty These results indicate a need for in the study. At the tertiary level, the Union of countries. The 'Study' had also compiled undertaking serious developmental ef- Arab Universities, targeting the advancement extensive data relevant to the changes af- forts in the Arab countries to improve of higher education establishments, decided to fecting student, teacher and school, with the level of student achievement in math- regards to their achievement in the afore ematics and science, instruments for de- set up an independent institution to evaluate mentioned disciplines. velopment and progress in this era. the quality of higher education, in cooperation with the Regional Bureau for Arab States,

BOX 9 The Regional Bureau for Arab States plans “Development” of the University of the United Arab Emirates to extend its programmes for assessing of the The University of the United Arab to give their courses in Arabic, provided quality of higher education in Arab countries Emirates—its Faculty of Humanities they are able to show adequate cause why to two new fields, namely law and education. in particular—has undergone a radical that is necessary). In Egypt, the Ministry of Education is co- restructuring in the course of the past Certainly proficiency in English or operating with UNICEF, civil associations and year, with departments being abolished other foreign languages is essential, as are and new fields of specialisation added. computer skills; educational plans and teachers to draw on local and international ex- The Departments of Islamic Studies, programmes must, of course, take labour perience to set down national standards for ex- English Language and Literature and market requirements into account. But cellence. The project covers various aspects of French Language and Literature have this should not lead to neglecting the the educational process (efficacy of the teacher been merged into a single programme, Arabic language altogether, or discard- the Departments of Political Science and ing some fields of specialisation on the and school, societal participation, education Geography have been merged into a Po- grounds that there is no market demand outputs, etc) at all stages of pre-university edu- litical Science, Government and Cultural for them. Human knowledge is multi- cation. This is a major step towards improving Studies Unit, and the Departments of faceted; its various aspects interact with the quality of education, and has attracted Arabic Language and Literature, His- each other, and all of them contribute to international interest with a view to replicating tory and Heritage have been combined. the expansion of people’s mental hori- Furthermore, the language of instruction zons, flexibility, creativity, and ability to the example in the rest of the region. has been changed from Arabic to English contribute effectively to their society’s In Bahrain, a National Conference on Edu- (although in the case of a very few sub- development. cation was held in 2003 to produce a compre- jects, faculty members may be allowed hensive approach to unifying secondary-level

36 ARAB HUMAN DEVELOPMENT REPORT 2004 BOX 10 An Assessment of Business Administration Programmes in Arab Universities A second cycle of academic reviews, focused formance in order to achieve the levels of not found to be “Good” in any of the pro- on the evaluation of the quality of Business excellence that are normally expected from grammes. Library, Internet and PC facilities Administration education, was completed modern universities. were “Good” in about one fourth of the cases this spring by the Regional Bureau for Arab The picture looks somewhat better but “Unsatisfactory” in about half, a high States, as part of its ongoing project for en- with regard to two of three aspects that ratio by any standards. The indicators also hancing the quality of education in Arab uni- characterise the learning opportunities that reveal major weaknesses with regard to the versities. The year-long process was carried the programmes provide to their students, following specific academic aspects of the out with the participation of 17 Arab univer- namely, Methods of Learning & Teaching programmes sities (14 public, 3 private) from 11 countries and Student Progression: one fourth of the • Practical inputs to the curriculum and (Algeria, Bahrain, Egypt, Jordan, Lebanon, programmes were graded as “Good” in work placement experiences Morocco, Oman, Palestine, Sudan, Syria and each case. But in respect of the third aspect • Support for independent learning and Yemen). The first review cycle was completed within the same category, which is concerned internship programmes last spring and resulted in the evaluation of with the standards of learning resources and • Promotion of critical modes of thinking as Computer Science programmes in 15 Arab facilities, only one programme was graded opposed to didactic methods of teaching. universities (AHDR 2003, 57). as “Good”, six as “Unsatisfactory” and the • Effective use of the “graduation project” The new reviews were completed on remaining 9 as “Satisfactory”. These ratings • Internal and external moderation of ex- schedule for all participating programmes substantiate the reviewers’ general conclusion aminations and other student assessments with the exception of that at Al-Azhar Uni- that, while academic staff were, in the major- The review results clearly show that the versity, Gaza. This was because the external ity of cases, well qualified academically and situation varies between universities. A small review team was unable to enter the city after diligent in performing their duties, the stand- minority of the participating group seems the occupation army suddenly closed off its ards of learning resources available, including to have reached a good level of develop- entry. As in the first cycle, the review was the numbers of available academic staff, were ment while a larger group is moving in that carried out in three stages (training, inter- unsatisfactory in many cases and below the direction. This is evidenced by a number of nal evaluation and external evaluation and levels required for achieving excellence, in emerging good practices that were noted with reporting). most of them. satisfaction. These include: breadth of cur- The results show that the academic stand- Detailed analyses of the various strengths riculum coverage, enhanced practical inputs ards of only two of the 16 programmes were and weaknesses identified by the reviewers to teaching, improved methods of student judged to be “Good”, that four were found under each aspect of review and programme assessment, increased focus on graduation to be “Unsatisfactory” and the remaining ten are presented in a final review report sent, in projects. Moreover, the reviewers strongly “Satisfactory”. The reviews also showed that confidence, to each university. commended what they identified as a clear the internal mechanisms for quality assurance The picture is further illustrated by a determination by the majority of participating and enhancement were “Unsatisfactory” in 6 number of derived indicators that quantify universities and academics to meet the chal- of the programmes, “Satisfactory” in 9 and some of the detailed aspects of each review. lenges of academic evaluation and to make “Good” in one. All this indicates that, in Thus, with regard to learning resources, full use of its outcomes to raise the quality of general, the universities need to raise per- the number of available academic staff was their programmes.

How Participating Universities Fared on Key Indicators of Quality

Source: Isam Naqib, Project director

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 37 academic programmes in order to bring them in January 2004 the formation of the National into line with the needs and requirements of Council for Human Rights was announced. society, while responding to the demands of In Oman, legislative elections took place the contemporary age. A related goal is to up- in October 2003. 509 candidates competed grade students’ skills and capacities. for 83 seats. Fifteen of them were women. The Kuwait is implementing a special pro- right to vote was extended to those 21 years gramme to deal with why pupils drop out of, of age and above. As a result, the number of or fail at school and to develop assessment and citizens eligible to vote rose to 822,000 com- evaluation methodologies. pared to 114,000 in the year 2000 elections. Tunisia announced an initiative for ad- 262,000 citizens registered as voters, of whom dressing the causes of various forms of student 95,000 were women. 74% of registered vot- failure and for achieving higher progress and ers actually participated and voted in the elec- success rates. tions. Two women who were members of the previous consultative council won seats in the FREEDOM AND GOVERNANCE election. In Saudi Arabia, the intention to conduct Signs of political openness municipal elections at the end of 2004 was announced and a journalists’ association and a Some Arab Some Arab governments have begun to open national commission for human rights were es- governments have themselves cautiously and selectively to oppo- tablished. Scenes from sessions of the country’s sition forces and have started expanding the begun to open Consultative Council were shown on television public sphere: for the first time. The founding of the “King themselves cautiously In Egypt, at the closing meeting of the first Abd Al-Aziz Centre for National Dialogue” annual conference of the ruling party on 28 was also announced. and selectively to September 2003, the President of the Republic In Qatar, a new Constitution to take effect announced a number of democratic reforms opposition forces. in June 2005 was promulgated after a referen- that had been submitted by the party’s Policy dum, and the country’s first National Commit- Committee. The reforms include the abolition tee on Human Rights was established. of some military decrees promulgated under In Bahrain, a new Charter for “political” the Emergency Law15, more freedom for politi- associations was issued. cal parties and trade unions, and safeguards for women’s rights (including the right to transmit In Syria, the leadership of the ruling Ba’th their nationality to their children). The rul- Party called for the separation of the executive ing National Democratic Party called upon power and the Party. For the first time, an in- licensed opposition parties to engage in dia- dividual who was not a member of the Party logue on political reform. leadership was elected as Speaker of the Peo- In the autumn of 2003 the Egyptian Gov- ple’s Assembly. ernment released approximately 1,000 detain- In Morocco, the legal system was qualita- ees from the Islamist movement. tively enhanced by the addition of freedom- President Mubarak, addressing the Gen- friendly provisions in the fields of: labour, the eral Conference of Egyptian Journalists in family, electoral arrangements and the media. February 2004, announced a move towards The King granted an amnesty to more than abolishing imprisonment as a punishment for 1,000 detainees. A “Justice and Reconcilia- publication-related offences.16 tion” commission was established with a man- The Egyptian Parliament passed a law in date to heal the wounds of Moroccan society as June 2003 to abolish state security courts, and a result of human rights violations in the past

15 But not an end to the state of emergency itself. 16 The next day, however, an opposition journalist reported that his case had been referred to the jurisdiction of the criminal courts under the provisions of the law prescribing imprisonment for journalists. It subsequently appeared that sentences of imprisonment had not been abolished altogether: the President of the People’s Assembly announced that they would continue to be imposed in cases of “crimes” involving disrespect for the President of the Republic, military matters, espionage, and slander.

38 ARAB HUMAN DEVELOPMENT REPORT 2004 and 4,500 victims were given compensation. of uniformity of thought, the difficulties of The “Special Court of Justice” was abolished. journalists in gaining access to sources of infor- In Algeria, house arrest on the leader of mation and the harassment they experienced the Islamic Salvation Front was lifted. He and while seeking to exercise their right to free his Deputy remain unable to exercise political speech. In addition, a number of human rights and civil rights. In the April 2004 presidential activists and prisoners of conscience embarked elections the incumbent in office contested five on a hunger strike in protest against harsh and other candidates for the first time, and was degrading treatment by the authorities and the elected by an overwhelming majority. torturing of inmates in prison. Obvious human Human rights activists continue to report rights violations have Indications of a regression in popular cases of torture and mistreatment at detention participation centres (including Ministries of the Interior). continued, notably in Since February 2004, 20 cases of detention In one Arab country, fewer men and women cases involving human stood as candidates for election to the National have been recorded in the south of the country. Assembly. The detainees were accused of surfing Islamic rights activists in Arab In another, a low turnout marred the sites on the Internet. They were held at the countries. local elections in September 2003. Only 5% Ministry of the Interior and prevented from of the candidates were women, even though contacting any one outside. 35 women had won seats in the Parliamentary Defenders of human rights are frequently elections held approximately two years earlier. victims of harassment and threats. They share In a third, 15 members of the People’s As- this with ex-political prisoners some of whom sembly were found ineligible to take their seats are not allowed to work or to obtain a health for having evaded their compulsory military insurance card. service. In the view of some legal experts, by- There are continuous accusations of tor- elections that had been held in contravention ture and reports of unhealthy and inhumane of a Supreme Administrative Court ruling circumstances in prisons. An Islamist died on raised questions about the eligibility, not only March 22 after he was denied medical atten- of the winning candidates, but of the entire tion. Assembly. In a third country the People’s Assembly decided in February 2003 that the emergency Freedoms Constrained laws should remain in force for a further period of three years beginning in June of the Obvious human rights violations have contin- same year. In 2003, the Islamic Research ued, notably in cases involving human rights Council recommended that a book entitled activists in Arab countries. We have space here Al-Khitab wa al-Ta’wil [preaching and inter- Human rights activists to mention only a few examples: pretation] could not be sold in the country, on In one Arab country, the authorities de- continue to report the grounds that it attacked “two fundamental tained 30 people demonstrating in support of tenets of the Islamic faith”, namely the unity of cases of torture and abolishing the State of Emergency. Many peo- God and preservation of the Qur’an. The book ple were detained for political reasons, among mistreatment at in question, which had been published in an- them at least 20 Kurds who were arrested dur- detention centres. ing a peaceful demonstration after their return other Arab state, contains a prominent think- from exile. Hundreds of political prisoners, er’s doctoral dissertation. In 2004, a novel by notably Islamists, are still in jail including a famous writer, first printed 20 years ago, was prisoners of conscience while others, including recommended for confiscation. some non-nationals, are missing. A district regional Public Prosecution In another country, on World Press Free- Office ordered the detention of the 51 year- dom Day 2003, the National Committee for old manager of a local contracting firm, with the Defence of Freedom of Expression issued no history of political activism, on charges of a statement condemning what it termed the “inciting hatred and disrespect for the Gov- muzzling of freedom of expression, the tyranny ernment”. The man, who was released soon

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 39 afterwards, had confessed to scrawling the haviour of the administrative body established words “No to rule by inheritance” on walls. under that law in refusing to approve new While approximately 1,000 Islamists accused grassroots institutions. It had, for example, Some journalists in the “Islamic Jihad” case have been released, turned down an application from a centre for received prison a number of others remain behind bars even housing rights, claiming that the application though they have served their sentences. Some contravened article 11 of the law. That article sentences because of them are either seriously or chronically ill. provides that “the establishment of secret as- they were connected In one Mashriq country, 15 women were sociations, or associations the aims of which reported killed by family members in honour include the formation of military or paramili- with articles published crimes. Meanwhile, political cases continue tary organizations or which present a threat in the foreign press. to be seen by the state security court whose to national unity, public order or morality or laws are not in harmony with international advocate discrimination among citizens, shall standards. be prohibited.” In one Gulf country, authorities booked Early in 2004, Organizations working in 24 citizens on criminal charges for collecting the area of human rights protested the arbi- signatures on a political letter calling for contrary handling of the issue of foreign funding stitutional changes that give wider authority to for Egyptian associations by the Ministry the elected parliament. The jailed are accused responsible for administering the Law on As- of “calling for changes in the political regime, sociations. inciting hatred and attempting to threaten na- In another country, the authorities pro- tional security”. Three were released without ceeded to restrict voluntary and charitable (In 2004), the Middle being formally charged. In other cases, some work, in particular the collection of donations, East was the region journalists received prison sentences because inﬂuenced by the US Administration. they were connected with articles published in that enjoyed the least the foreign press. Restrictions on the media In one Arab North African country, in press freedom in the According to the 2004 report published by July 2003, the National Union of Journalists Reporters sans frontières, the Middle East was world. launched a campaign against the imprisonment the region that enjoyed the least press freedom of journalists sentenced under the Anti-Terror- in the world that year, with few independent ism Law and called for the release of all those media outlets. In a number of countries corre- detained. spondents exercised strict self-censorship. The In another Gulf country, a number of report added that the war in Iraq and the con- writers and intellectuals calling for reform tinuing Israeli/Palestinian conflict had placed were detained, apparently in a deliberately both the freedom and safety of the media at demeaning manner (a university professor risk. As many as 14 journalists were killed dur- was handcuffed in front of his students at the ing 2003, 12 in Iraq, five of them at the hands university) and some were forbidden to travel of US-led occupation forces. Two correspond- abroad. A journalist who criticized the arrests ent were killed by the Israeli occupation forces was himself detained. Foreign agencies in Palestine. In a country under occupation, a state of Foreign agencies have also participated have also participated emergency was decreed and an emergency in restricting Arab media freedoms. In Spain, Government formed in October 2003. in restricting media a reporter for Al-Jazeera, Taysir Alouni, was In another Arab North African country, charged by the government with being an al- freedoms in the Arab the former Prime Minister and Secretary of Qa’ida member and arrested. The US Admin- the former governing party was placed under world. istration expressed dissatisfaction with Arab house arrest. satellite TV channels, particularly Al-Jazeera, Freedom of civil society organizations and informed the Qatari government of its views. In one country, several months after the new Law on Associations had come into force, civil society leaders complained of the arbitrary be-

40 ARAB HUMAN DEVELOPMENT REPORT 2004 Rights of subgroups: Darfur prosecute the perpetrators of humanitarian law violations. In Darfur, western Sudan, thousands of civil- As these latter violations continued, con- ians were killed or injured, and women sub- flict and human suffering increased despite the jected to rape, in attacks by the Janjaweed cease-fire agreement and the interventions of militia, reportedly with government support. the international community. There remains Entire villages were laid waste, including an urgent need to stop the inflow of arms to the through indiscriminate aerial bombing, forc- region and to arrive at a political solution to the ing hundreds of thousands to abandon their problem. A massive aid effort is also required Conflict and human homes and livelihoods, with around 120,000 to assist the refugees in Chad and over one mil- suffering increased fleeing to Chad (Amnesty International web- lion internally displaced people within Darfur. site, 29 June 2004). Though a ceasefire agree- (in Darfur) despite the ment was signed in April 2004, it continues to Protest by intellectuals be violated by both the Government and the cease-fire agreement In one Arab country, a hotly contested election rebels, with the humanitarian toll continuing and interventions to mount. for seats on the executive of the journalists’ In July 2004, the Security Council passed union ended with the defeat of the govern- of the international ment-sponsored candidate, for the first time a resolution (Resolution 1556 of 30 July 2004) community. calling on the Government of Sudan to, inter in many years, and victory for an opposition alia, fulfil its commitments regarding: the candidate. This outcome was widely seen as facilitation of humanitarian access and as- an important development in the struggle for sistance; the advancement of an independent control of one of the country’s leading profes- investigation with the UN on violations of sional associations. human rights and international humanitarian At the Arab Novelists’ Assembly organ- law; the establishment of credible security ized by the Ministry of Culture, the novelist conditions for the protection of civilians; the Sonallah Ibrahim refused to accept the Novel- resumption of political talks with the dissident ist of the Year award on the grounds that the groups; the disarmament of the Janjaweed mi- Government offering it “did not have, in my litias; and the prosecution of Janjaweed leaders view, the credibility to do so.” He read a state- and their associates who have incited and car- ment listing his reasons for declining the award ried out human rights violations. The resolu- and spoke of the deteriorating Arab situation. tion also urged the rebel groups to respect Ibrahim’s gesture was widely acclaimed in the the cease-fire, end the violence immediately, Arab world, although some criticised it, argu- engage in peace talks without preconditions ing that literature should not be mixed up with and act in a positive and constructive manner politics. to end the conflict. Finally, it called on the In January 2004, another Arab writer international community to support the efforts Ahmed Bouzfour, followed Ibrahim’s exam- of the African Union (AU) for the deployment ple by turning down an award offered by the of international monitors and to provide addi- Government, citing various political, economic tional assistance to mitigate the humanitarian and cultural reasons. This gesture (Bouzfour’s catastrophe. “sigh” [zefrat Bouzfour], as some called it) was The Government has fulfilled its com- another expression of the growing dissatisfac- mitment to provide unimpeded access to the tion among Arab intellectuals about the state humanitarian community, which has allowed of human rights. the latter to increase its level of assistance, and it has deployed additional security forces THE EMPOWERMENT OF WOMEN in camps for the protection of internally displaced persons. But at the time of writing, In Morocco, the governing authorities intro- the Government had not fully complied with duced wide-ranging reforms of the family law the requirement of disarming the militias. in response to demands by the women’s move- Furthermore it had taken minimal steps to ment to safeguard women’s rights, notably with

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 41 respect to marriage, divorce and childcare. In Jordan, six women from outside the One of the most important provisions of capital won seats reserved for women at the the new family code is that it regards women as parliamentary elections held in mid-2003, in partners of men in matters relating to the care the first application of a quota for women in of the family and associated responsibilities. It elections of this kind. For the first time, the also recognizes that they shall not be subject to Cabinet formed early in 2003 included three guardianship upon reaching the age of major- women Ministers. ity, which the Code sets at the age of 18 years. In Oman, a woman was appointed Minister Eighteen years is also made the minimum of Higher Education, a first in that country. In lawful age of marriage, and women are free yet another first, women were allowed to vote to marry at their own discretion, the permis- in the Shura council elections. Women have sion of a male family member no longer being Saudi Arabia announced its own ground- continued to rise required. In addition, under the revised Code, breaking first: in a new move, women will be husband and wife may conclude an agreement, appointed to the police force under the Minis- to senior executive distinct from their marriage contract, concern- try of the Interior. 300 prominent citizens, 50 positions in Arab ing the management and disposal of assets of them women, signed a petition to the Crown acquired during the marriage. Prince requesting political and social reforms countries. Women have continued to rise to senior “for the sake of the nation”. A women’s as- executive positions in Arab countries, and sociation presented a petition asking for the there is steadily broader scope for participa- reform of women’s position in society and for tion by women in legislative assemblies. guarantees for their full participation in public In Kuwait the government referred a draft life. law to the National Assembly, which would In Mauritania, Aisha Bint Jeddane became grant women their political rights, including the first woman ever to stand as a candidate the right to vote and stand as candidates in (albeit unsuccessfully) for the position of Presi- elections. This was the second time the govern- dent of the Republic. ment had taken such a move, as the Assembly In Algeria, Ms. Hanoune ran for the Presi- had rejected a similar draft law in 1999. dency of the Republic. Ms. Burkan was promoted to the post of President of the Council of State, and Ms. Zermouni was appointed BOX 11 Governor of the province of Tibeze. The Moroccan Family Code In Lebanon, Naila Mouawad offered • Equality the absence of such a stipulation, the first herself as a candidate for President of the Husband and wife share responsibility wife must be informed of her husband’s Republic. for their family; a wife is no longer legally intent to take another wife, and the pro- In Bahrain, a woman was appointed Min- required to obey her husband; a woman spective second wife must be informed who is of age is her own guardian, instead that her intended husband already has a ister of Health. of being subject to the guardianship of a wife. Furthermore, taking a second wife In Tunisia, a woman was appointed Gover- male family member, and she may exer- is grounds for divorce for the first wife. nor of the province of Zaghouane. cise her guardianship freely and inde- • Enforcement of the law In Egypt, a woman was appointed, for the pendently; the minimum age of marriage The Family Code assigns a fundamental is 18 years for both men and women. supporting role to the judiciary in enforc- first time, as Mayor of the city of Al-Maragha, • Divorce ing the law. Inter alia, it states that the in the Sohag Governorate in Upper Egypt, Both men and women possess the right Public Prosecutor shall be a party to all long regarded as one of the most conserva- of divorce, and may exercise that right legal actions in connection with the pro- tive parts of the country. The Minister of the under the supervision of a judge. The visions of the Code. Interior announced that Egyptian women principle of divorce by mutual agree- • Rights of children ment is accepted. A woman is given the possibility of re- married to non-Egyptians now had the right to • Polygamy taining custody of her children, even in transmit Egyptian nationality to their children. Polygamy requires a judge’s authoriza- the event of her remarrying or moving The Ministry of the Interior has already started tion and is subject to stringent legal away from the area where her husband to receive applications for recognition of the conditions that make it almost impos- lives. The code also protects a child’s sible in practice; a woman has the right right to acknowledgement of paternity Egyptian citizenship of children of Egyptian to stipulate in her marriage contract that in cases where the marriage has not been women married to non-Egyptian men. her husband shall not take other wives; in officially registered. However, as a reflection of deeply rooted

42 ARAB HUMAN DEVELOPMENT REPORT 2004 social factors, women continue to be sparsely There has been no represented in the Parliaments of those Arab Gulf countries that allow women to stand as signiﬁcant easing candidates and to vote. of the human In general, women’s accession to high levels of government, though moving in the development crisis in right direction, will remain inadequate so long the Arab region. as the vast majority of women are not allowed to develop their capabilities and use them in various ﬁelds.

CONCLUSION

Careful scrutiny of developments in this period indicates that there has been no significant easing of the human development crisis in the Arab region. Serious human rights violations continue. Unquestionably, incipient reforms are taking place in more than one of the priority areas identiﬁed in this Report, but for the most part those reforms have been embryonic and fragmentary. There is no dispute that some are real and promising but they do not add up to a serious effort to dispel the prevailing environment of repression. Some measures may have been merely cosmetic and superﬁcial with the effect of delaying the advent of meaningful in-depth reform. This is the case especially with respect to good governance. Finally, the human development crisis in the Arab world has become more acute with respect to self-determination especially with the prospects for a just peace in Palestine re- ceding. As a result, the Arab people still risk being oppressed at home and violated from abroad. The critical situation of the Arab region today is complex because of the interplay of internal and external factors. The Arab future is overshadowed by the gravity of possible developments. Yet this series of Reports has repeatedly emphasized that hope abounds in those dynamic social forces in Arab countries that seek a human renaissance in the region. Mobiliz- ing their potential in thought and deed can break through the thickening clouds gathering around their future.

CHANGES IN HUMAN DEVELOPMENT SINCE THE LAUNCH OF AHDR 2003 43 Part II

Reinforcing Freedom and Establishing Good Governance

Section 1: Analytical Framework: Freedom, Good Governance and Human Development

This section presents the analytical framework for Part II of the report, devoted to freedom and governance. The section starts with a brief survey of the intellectual basis of the topic that ends in the report’s definition of freedom and good governance, and then turns to a discussion of some of the problematic issues of freedom and governance in Arab countries at present.

CHAPTER ONE The Intellectual Basis and Concept of Freedom and Good Governance

Introduction BOX 1-1 This chapter presents the analytical frame- Natural Human Rights work underpinning the Report’s analysis of “The end in view of every political asso- rights are liberty, property, security and freedom and good governance. ciation is the preservation of the natural resistance to oppression.” The chapter starts by summarizing key and imprescriptible rights of man. These postulates of freedom in Western thought. Article II, French Declaration of the Rights of Man and The Citizen, August, 1789 ( in French ). It traces how thinking shifted from stressing the primacy of individual freedom to under- come congruent through a mechanism of rep- lining the harmonization of individual free- resentation by proxy: representatives would be dom with collective societal arrangements accountable to the people through elections. in order to reconcile individual freedom Thus, the government would be an instrument with other higher human goals. The latter for securing liberty rather than a source of op- The source of societal pression. formulation is close to the Report’s concept authority is the will of of human development. The chapter next Accordingly, principles of “democracy” examines the place of freedom in Arabic were developed, as a means to safeguard the the majority. culture, indicating its presence in various freedom of the majority from oppression by schools of thought. Drawing on the features any dominant minority, whether the latter’s of freedom in both Arabic and Western source of power was might or wealth. The fun- thinking, the chapter sets out the concept of damental principle at issue here is “democratic freedom adopted in the Report and the ele- legitimacy,” which denotes that the source of ments of good governance guaranteeing its societal authority is the will of the majority. realization. This exposition frames the main For John Stuart Mill, the goal of freedom discussion. is “pursuing our own good in our own way,” and this is the most important component of FREEDOM IN WESTERN LIBERAL “happiness or human well-being.” On this THOUGHT: FROM INDIVIDUAL basis, he believed that happiness would ac- FREEDOM TO HUMAN crue only to “someone who was capable of DEVELOPMENT choosing an independent path and who had the public sphere available in which to exercise that capacity,” through possessing “faculties of The democracy that THE PRIMACY OF INDIVIDUAL critical judgment and free choice.” And thus ensures liberty is the LIBERTIES the democracy that ensures liberty is the most fertile soil for social progress, and also for pur- most fertile soil for suing the aim of individual happiness. In Western thought, the Utilitarian philoso- social progress. phers, in particular, searched for a form of However, Mill was not conﬁdent that government capable of ensuring that those democratic society would of its own accord who hold power would not crush or endan- safeguard the freedom of individuals and mi- ger the liberty of those they governed. The norities. Moreover, fearful that the democratic solution upon which James Mill settled was process would subject all aspects of life to “representative government,” in which the control by the ruling authority, thereby insti- interests of government and people would be- tuting “tyranny of the majority,” he inquired

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 47 into what properties were common to activities sideration of freedom with regard to the Arab that would qualify for exemption from govern- world at the start of the third millennium. ment control. His fears were not confined to Mill considered only two justifications for the regulatory actions of government. They restricting individual liberty valid: to prevent extended to “the government of popular opin- the individual from harming others, and to ion,” or unofficial forms of coercion to which prevent the individual from violating an obliga- those who hold unpopular beliefs or practice tion toward others, whether by a certain act or Without complete unorthodox actions are subjected. through inaction. In relation to the individual, According to Mill, we have the right to her/his independence is absolute, since “over freedom of opinion discuss, to disagree, to attack, to reject, or even himself, over his own body and mind, the indi- and debate, the truth to forcefully condemn an opinion. But we have vidual is sovereign” and “the individual is not cannot emerge. absolutely no right to obstruct or suppress that accountable to society for his actions in so far opinion, because to do so will destroy “the thin as these concern the interests of no person but along with the fat” in equal measure. Indeed, himself”. The only exception would be a case to do so constitutes nothing less than collec- of verified, and not merely possible, danger. tive suicide, both intellectual and moral. For without the right and ability to protest, there INDIVIDUAL FREEDOM AND can be no justice and no end worth striving SOCIETAL REGULATION for. Without complete freedom of opinion and debate, the truth cannot emerge. Safeguarding liberty, however, does not mean opposing societal organization per se; after all, such organization constitutes one of human- BOX 1-2 Freedom of opinion as a sacred right kind’s most important means of progress. But it certainly implies taking a determined stance If all mankind minus one were of one more justified in silencing that one per- opinion, and only one person were of the son than he, if he had the power, would against all forms of elite, monopolistic or co- contrary opinion, mankind would be no be justified in silencing mankind. ercive organization, all of which inhibit new

Source: Mill, 1978, 16 discoveries and innovation. Thus, as long as it is based on voluntary participation in an at- And so, in his view, even if we find our mosphere of freedom, the social order remains selves facing no actual opposition, we should beneficial and effective (Hayek, 1978, 37). devise arguments against ourselves simply in Moreover, democratic rule is able to estab- order to remain in a state of “intellectual fit- lish institutional guarantees to forestall flawed ness.” decisions arising from a democratic majority. A Thus Mill poses a very strong connec- theoretical position evolved that some institutional arrangements can actively enable indi- Issues of liberty must tion between freedom, especially freedom of thought and debate, creative expression, in- viduals to use their capabilities for the sake of be presented anew to novation, and human progress. For him the progress, while minimizing any harm resulting from organizational restrictions. That position humanity whenever primary engine of progress is the coupling of “freedom and variety,” which leads in turn to entails imposing restrictions on the decisions human conditions individuality and originality. This combination of the majority to prevent legislation that is un- 1 change. forestalls the mediocrity that necessarily arises acceptable in principle. Equally, it allows for when people remain in a state of conformity courts and ombudsmen who have the authority and compliance. And he made no exception to criticize or rectify such decisions. for the issue of freedom itself. In the introduc- The Essence of Democracy and Democratic tion to On Liberty, he proposes that issues of Transition liberty must be presented anew to humanity whenever human conditions change. Democracy, in essence, is a system for manag- Thus it is that we present here our recon- ing conflict that allows free competition over

1For example, the US Constitution includes a ‘Bill of Rights’ that deﬁnes activities that the government or Congress must not regulate. The First Amendment stipulates that Congress will not pass any legislation that restricts freedom of expression, at the federal level.

48 ARAB HUMAN DEVELOPMENT REPORT 2004 the values and goals that citizens care to pre- PROBLEMATIC ISSUES OF serve. On this basis, as long as there is a group FREEDOM: LIBERALISM AND that does not resort to violence, and does not DEMOCRACY, ATTRIBUTES OF transgress the rights of other citizens, it is ac- MAJORITY RULE corded freedom to work to promote its interests in both civil and political society. This, in It is often acknowledged in Western liberal brief, constitutes the core of democratic insti- ideology that democracy can harbour flaws. Political society must tutional arrangements (Stepan, 2001, 216). If democracy can restrict liberty, then society In the theory of democratic transition, elec- cannot be considered free unless two related be protected in the tions - free and competitive - occupy a central conditions are simultaneously present: form of a democratic position. In large societies, there are additional First, there can be no absolute powers, institutional arrangements charged with for- such that everyone has the right to reject inhu- constitution that mulating preferences, expressing them, and man behaviour. respects fundamental making sure that they are taken into account Second, there must be a firmly established in suitable fashion in the governance process sphere of rights and freedoms within which a freedoms, including (Dahl, 1971). person’s humanity cannot be violated. (Berlin the rights of The recommended institutional guarantees 1969, 165) (ibid) include the following seven elements: In principle, therefore, democracy is an minorities. • Freedom of expression instrument and not an end in itself. It is judged • The right to vote by what it succeeds in realizing, the goal that • Freedom to establish and join organizations it was instituted to accomplish, and which is • Eligibility for public office summed up in “liberty, and the courage and • The right of political leaders to compete industry which liberty begets” (17th century for support and votes commentator John Culpepper, quoted in • Availability of alternative sources of infor- Hayek, 1978, 107). mation • Policy-making institutions based on voting The danger of tyranny of the majority in free and fair elections and other means by Those who give first and absolute priority which the people express their preferences. to democracy, as a formal structure and as a Other theorists find these guarantees, if value, have argued that the greatest possible necessary, not sufficient (Linz and Stepan, number of issues must be decided according 1996). In their view, political society must be to majority opinion. For them, popular sover- protected in the form of a democratic con- eignty signifies the unlimited authority of the stitution that respects fundamental freedoms majority, an authority that need not be subject including the rights of minorities. They also to control in any way. stipulate that the elected government govern However, purist supporters of liberty democratically according to the constitution; believe it is essential to set limits on matters de- Democracy can that it adheres to the law and to a system cided by majority rule. Indeed, they consider composed of institutions, both horizontal and harbour flaws. that the authority of any temporary majority vertical, that guarantee accountability. should be restricted as regards principles that Implicit in the guarantees mentioned will prevail over the longer term. That is, the above is a strong and viable civil society, able decisions of the majority express the wishes of to be critical, to check the State and to generate the people -- as the majority -- at a particular alternative policies. In order for these alterna- time, but cannot determine what would be in tives to be formulated properly and be viable, their best interest if they had more knowledge the relationships between political society, es- at their disposal (as generally happens with the pecially political parties, and with civil society passage of time). Furthermore the decisions of must be absolutely free from control. the majority do not in fact come from absolute wisdom. They are usually the outcome of negotiations and compromises that might not sat-

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 49 isfy anyone completely. In fact, such decisions erty rights, were respected (Sen, 1999, 16, 66). might well be of less value than one taken by What is more serious is a situation where the wisest members of society after canvassing democratic regulation coexists with extensive all opinions. violation of freedom in the narrow sense, What is certain is that there is no moral that is, civil and political rights. In the con- justification for granting privileges to members temporary world, moreover, this disjunction of any majority that will distinguish them from, exists not only in developing countries where There is an organic and give them advantages over, those not be- freedom and democracy are newcomers (and longing to that majority. Indeed, progress may where elected governments may impose re- link between freedom, be epitomized by the majority’s persuasion to strictions on the freedom of other sectors of in its comprehensive a minority view. society such as the judiciary, local communities And so the success of society in guarantee- the media, civil society organizations) but even sense, and the key ing and protecting liberty —including safe- in countries with a long tradition of freedom freedoms of opinion, guarding it from the tyranny of the majority and democracy, as in the industrialized West. — depends on the existence of a public sphere Some contemporary writers even argue the ne- expression and that is both extensive and independent of the cessity of distinguishing between freedom and association. control of the majority, in which individuals’ democracy. If we compare the two, they argue, opinions are formed and expressed. Hence we may find an excess of the second – de- there is an organic link between freedom, in its mocracy - and a deficit in the first - freedom. comprehensive sense, and the key freedoms of Indeed, “democracy” can be used to legislate opinion, expression, and association. Freedom restrictions on freedom (Zakaria, 2003). In of opinion guarantees that a person can form other words, freedom leads to democracy (as a position on societal issues, while freedom in the case of the UK and the US where the of expression permits that person to express enjoyment of freedom preceded the establish- those positions and thereby stimulate and ment of democracy in the 19th century), but inform discussion. Finally, freedom of associa- the opposite is not necessarily true. tion guarantees that people can organize themselves through, and in, institutions that adopt FREEDOM AND THE OTHER positions on issues and actively promote them ULTIMATE HUMAN GOALS in society’s public sphere. What is undeniable, in any case, is that the Freedom is not the only supreme human goal. benefits of democracy — indeed, of freedom Freedom is not justice, equality or beauty, for itself — can be confirmed only in the long example. Freedom might even be in conflict term. with other supreme human goals: some thinkers argue that it is a contradiction in terms to “Democracy” can Tension between Freedom and speak of perfect or complete human achieve- Democracy? Or Democracy without ment. This means that a superior and enriching be used to legislate Freedom? human existence might sometimes require pre- restrictions on As noted, liberal democracy harbours po- ferring one value over another, or reconciling freedom. tential flaws. Perhaps the most important of freedom with other ultimate human goals. these, from the perspective of freedom, is This possible clash among ultimate goals is that “democratic” arrangements can coexist one of the basic reasons for the insistence on with basic violations of freedom in its compre- the high value of the freedom to choose. If it hensive sense. It is possible, for example, for were possible in a good society to realize all the poverty (however it is understood) to spread in ultimate human goals in concert, the agony of a context of political democracy and without choosing between alternatives would vanish. violation of property rights. Even as Sen insists Freedom is not a blessing that comes that no widespread famine has occurred under without costs: freedom and responsibility democratic rule, he observes that consider- go together. Freedom does not only imply able famines have indeed occurred in contexts the individual’s enjoyment of opportunities, where civil and political rights, including prop- nor does it require simply that the individual

50 ARAB HUMAN DEVELOPMENT REPORT 2004 shoulder the burden of choice. It also implies BOX 1-3 bearing the consequences of one’s decisions; Ahmed Kamal Aboulmagd: The principle of equality thus, to withdraw from responsibility means, The principle of equality is one of application of the law in dealing with per- in reality, to surrender freedom. those principles that hardly need to be sons in comparable legal situations, and Equality before the law and with regard to explicitly mentioned in a contemporary that differential treatment of such per- prevailing norms of conduct is the sole type constitution. Constitutional courts and sons constitutes unlawful discrimination of equality to be guaranteed for preserving administrative courts have deemed it that is prohibited under the constitution. freedom. For freedom may ultimately entail to be one of a number of “general legal On the other hand, where differential principles” which, in the words of the treatment is based on objective or real the negation of equality in numerous spheres. Council of State, “are firmly established factors reflecting differences in the legal While justice demands certain conditions or in the general conscience and do not situations of the persons concerned, it opportunities for people, which the govern- need to be spelled out”. does not constitute unlawful discrimina- ment defines for all equally, it is possible that When the principle first appeared tion, but rather a legitimate recognition in law and judicial practice in Europe, of different categories or divisions. conditions of freedom will produce a minimum equality had to do with two fundamen- There is a very fine line between of equality in terms of results. Equality before tal matters, both of them related to the unlawful discrimination and legitimate the law and equality of opportunity can coexist history of conflict between kings and recognition of differences, and the task with various forms of human hardship, such as peoples since the Middle Ages: of determining where that line should be hunger, disease, or poverty. (1) Equality as it applied to financial drawn is one of the most delicate issues burdens (taxes); arising in judicial practice. The standard (2) Equality as it applied to judicial that has come to be applied, especially by FREEDOM AS HUMAN practice. constitutional courts, is that differential DEVELOPMENT: RECONCILING Most modern constitutions use the treatment is deemed to be discrimina- INDIVIDUAL FREEDOM WITH expression “citizens are equal before tion and unlawful under the constitution the law” or “equal under the law”. Both where there is no logical causal link be- INSTITUTIONAL ARRANGEMENTS phrases encompass all forms of equality, tween the discrimination and the result and are never restricted to the concept of to which it leads, as in the case of a law The notion of integrating individual liberty equality as it applies to judicial practice. prescribing lower wages for a woman with societal organization in the service of Most constitutions, after stating that worker than for a male worker doing ex- citizens are equal before (or under) the actly the same kind of work. In contrast, human progress attains maturity in Amartya law, add one or both of the two following where there is a causal link between the Sen’s writings on human development, culmi- clauses: differential treatment and the result, the nating in Development as Freedom (1999). • A clause specifying that citizens “are law is not discriminating, but making a For Sen, development consists of the “removal not subject to any discrimination based legitimate distinction. For example, the of unfreedom,” or expansion of the scope of on colour, race or creed”; Civil Service Law may provide that every • A clause enunciating another prin- year worked by an employee assigned to human freedom. ciple that supplements the concept of a remote area shall count as two years for Sen observes that societal institutions play equality, namely the principle of equality seniority purposes. an essential role in securing or delimiting the of opportunity. There is another important and liberty of individuals, considering them as The meaning of all these provisions equally delicate question, and that is is that the legislative power is debarred the distinction in judicial practice be- active agents and not as passive recipients of from enacting any law containing any- tween what are sometimes referred to as benefits (ibid., Introduction). thing in its substantive text that is incon- “positive discrimination” and “negative Many kinds of societal institutions play sistent with the principle of equality in discrimination”. Positive discrimina- significant roles in this respect: (free) markets, terms of discrimination based on colour, tion is acceptable as an interim measure, government administration, legislatures, politi- creed or sex (gender). where the goal is to correct the cumula- In this framework, regardless of the tive effects of past negative discrimina- cal parties, the justice system, nongovernmen- wording of these various legal formulation, as, for example, in hiring quotas tal organizations, and mass media. All of these tions in constitutional texts, legal theory for women or black persons (as in the share in the process of development precisely and judicial practice have unanimously United States). through their impact in strengthening and agreed that equality means the uniform safeguarding individual freedom. life they desire. While Sen emphasizes that civil Sen outlines five types of instrumental and political freedoms are desirable for their Development consists freedoms: political freedoms, economic fa- own sake, he stresses that when it comes to eco- cilities, social opportunities, transparency nomic facilities, income and wealth are not to of the “removal of guarantees, and protective security. These be sought for their own sake but for the extent unfreedom”. complement each other, in addition to making to which they make possible the freedom to it possible for people to build human capa- live our lives according to our desires. People bilities and to utilize them to realize the kind of who enjoy economic facilities but are deprived

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 51 of civil and political freedoms are being denied surpluses among different social groups and the essential freedom to choose the kind of life the use of wealth at the level of society, par- they want, to participate in shaping crucial so- ticularly in consumption and investment. This cietal decisions that impact on their well-being underscores the need for economically rational now and in the future (ibid, 16). societal institutions that protect freedom in the The ability to exercise basic political rights sense adopted here, in addition to guarantees also secures respect for social and economic of property rights and free economic activ- rights, and so the construction and strength- ity at the individual level. Rational economic ening of a democratic system of governance activity on this level is achieved by mobilizing The ability to exercise is considered a linchpin of the development resources, by encouraging investment in pro- basic political rights process. The availability of social opportuni- ductive fields and by systematically enhancing ties, especially in education and health care, productivity. The latter in turn necessitates also secures respect has a direct role in strengthening human capa- efficiency to protect competitiveness, combat for social and bilities and enhancing the quality of life. monopoly and ensure justice in the distribu- Sen distinguishes between the opportuni- tion of the economic surplus among societal economic rights. ties that freedom affords and the processes groups. that allow freedom. Both, however, constitute legitimate subjects in studying freedom and Corporate governance and human development working to promote it. To him, to understand development as freedom, means recognizing In the context of enhancing the private sector’s the importance of the processes and proce- contribution to human development, corporate dures that should be respected, and not re- governance is a key dimension of responsible stricting one’s attention to ends and goals. economic management. One broad definition Thus, in concert with the numerous and of corporate governance refers to “the private interrelated freedoms there is a need for many and public institutions, including laws, regula- societal institutions that intersect with the proc- tions and accepted business practices, which esses of supporting and strengthening freedom, together govern the relationship, in a market such as those for democratic regulation, legal economy, between corporate managers and mechanisms, provision of educational services entrepreneurs (“corporate insiders”) on one and health care, and means of communication hand, and those who invest resources in cor- between people and institutions. porations, on the other. Investors can include Ultimately, Sen finds that the organizing suppliers of equity finance (shareholders), principle for development - as freedom - is the suppliers of debt finance (creditors), suppliers indefatigable attempt to enhance individual of relatively firm-specific human capital (em- freedoms and the social commitment to pre- ployers) and suppliers of other tangible and Corporate governance serve them. These take form in, and develop intangible assets that corporations may use to through, societal institutions and processes 2 is a key dimension of operate and grow” . that lead to and nurture these freedoms (Sen, Good corporate governance ensures that responsible economic 1999, 298). the operations of firms, businesses and markets It is precisely in the area of economics that management. are transparent, accountable and inclusively this connection between individual freedom responsive to the interests of all stakeholders. and institutional arrangements for serving These principles matter for development be- the public interest carries us from the level cause they can contribute greatly to achieving of micro-economic analysis to that of political sustained productivity growth in developing economy. The former concerns economic con- countries, in addition to improving the ef- duct at the level of the economic unit (the indi- ficiency of economic performance. Moreover, vidual or the enterprise). The latter focuses on by increasing corporate social responsibility, collective conduct in such areas as the alloca- corporate governance treats stakeholders tion of resources, the distribution of economic within and outside firms and businesses in an

2 C. Oman, “Corporate Governance and National Development”, OECD Development Centre, Technical papers No.180, September 2001

52 ARAB HUMAN DEVELOPMENT REPORT 2004 equitable and socially responsive way. Apply- early Arab history witnessed the upsurge of the ing corporate governance principles empowers “Umayyad coercive ideology” that attempted stakeholders and enables them to understand to exploit religion for overt political purposes. and take part in business management deci- The Umayyad caliphs encouraged the pre-des- sions as a result of their increased access to tination doctrine view that human actions are information and the greater transparency and pre-ordained in order to claim that the many accountability of owners and managers. injustices for which they were responsible were In order for societies to experience these fated acts ordained by God under their rule in Expressions of benefits, sound frameworks and institutions the name of God. This ideology gave rise to the need to be in place to provide guidelines, contrary position espoused by Hassan al-Basri freedom surface checks and balances within the system and en- and his school and the new enlightenment dis- visibly across Arab sure that firms, businesses and markets observe course. They advocated a discourse, supported the principles of good corporate governance. by both text and reason, affirming that people history in all core In particular, a regulatory framework for the do have a choice and are responsible for their domains: religion, efficient, accountable and inclusive manage- actions. The Mu’tazila bolstered that current ment of resources is necessary for spurring of enlightenment by giving the ontological politics, ethics and development of the Arab region. concept of freedom an open political dimen- economics. sion. By so doing they greatly contributed to FREEDOM IN ARAB CULTURE refuting the claims of the ideology of coercion and helped to place political freedom in Arab religious political thought on solid foundations FREEDOM IN ARAB HISTORY (al-Habib al-Jenhani, background paper for this Report). Arab Islamic history provides both actual and In general, expressions of freedom surface practical experience of particular significance visibly across Arab history in all core domains: in the matter of freedom and its opposite, religion, politics, society and economics. These coercion. The fields of jurisprudence, eth- expressions were sometimes peaceful and ics, logic and scholastic theology (kalam), sometimes not. the philosophy of Sufism and the open social space claimed by nomads and tribes, strongly Religious Freedom indicate the presence of the concept of free- The religious “text” itself stresses that “there dom in the Arab Islamic historical experience. is no compulsion in religion” (Al-Baqara: Jurisprudence links the validity of acts to free- 256), that “You have your religion and I have dom. Ethics and theology link legal obligation mine” (Al-Kafiroun: 6), thus allowing the to responsibility, to individual free will and free practice of religion and belief in the land The religious “text” to human choice with regard to divine will. of Revelation, particularly among the Jews, There were however, differences in how this itself stresses Christians and Sabians. If certain practices in relation was perceived, as demonstrated by the jurisprudence and the political arena have not that “there is no dialectics of the ‘Jabriya’, the ‘Qadariyya’, the always followed such guidance, that is only one Mu’tazila and the Asha’ira. The nomadic way compulsion in illustration of the difference between original of life was a symbol of “breaking free from ‘thinking’ and principle, i.e. the Revelation, religion”. all contrived fetters”, of “unimpeded life”, and actual historical practice. Yet the scope of “space for living” and “space for action”. of “religious freedom” developed considerably Sufism is a personal, spiritual experience under both the Umayyads and the Abbasids. where the Sufi breaks away from external In literary and cultural circles, debate on reli- constraints and pressures – nature, society, the gion and articles of faith between Muslims and State and legislation - and experiences absolute Christians was free and rich, and it extended freedom outside the realm of natural and man- to other creeds and schools of thought. It is made laws, away from oppression and slavery difficult to speak of persecution on the basis of (Abdullah al-Arawy, in Arabic, 1993, 15-22). religion or articles of faith, as such, since such Where political freedom is concerned,

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 53 cases3 generally concealed a political element. Economic Freedom However, members of some sects did not hesitate to accuse those of others, or sometimes Freedom in the economic realm manifested it- their own kind, of heresy if they disagreed with self through the recognition of property rights, them. Such attitudes undoubtedly cast their free trade and profit-making, sometimes on shadow on the state and fate of freedom. the basis of a “text”, and sometimes driven by the very logic of economic and daily activities. Political Freedom Economic activities in Arab Islamic history re- Opponents of the flect a “capitalist” economic pattern, i.e. a pat- status quo exercised Opponents of the status quo exercised a form tern of freedom despite certain challenges and of political freedom by rejecting the principle a form of political constraints. This was solidified by the expan- of “obedience” to those in charge. Instead, sion of the Islamic state to include vast territo- freedom by rejecting they championed the text: “No obedience is ries whose prosperous economic relations were owed to any creature if it means disobedi- the principle of firmly based on the rule of freedom. This rule ence of the Creator”, a position which can was evident in the Islamic jurisprudence’s per- “obedience” to those be enforced by several means: counselling, ception of the legal organization of economic criticism, secret action, concealment of one’s in charge. transaction which is built on free consent and true creed, disobedience, struggle, and rebel- free acceptance and also on putting a condition lion. The examples are many: The revolt of that the contractual will should not be affected Al Qura’ (the Readers), al-Fitna al-Kubra (the by any of the drawbacks of an unfree will. Great Sedition), the Khawarij movement, the movements of Al Zinj and of the Qaramita, FREEDOM IN THE MODERN the secret activities of Ikhwan al- Safa and the CONTEXT Abbasid coup d’état. Thanks to early proponents of freedom, tyrants and totalitarians who Freedom in the modern sense of the word established themselves as “the shadow of God was introduced into Arab culture after con- and His rule on earth” did not entirely succeed tact developed between modern Arabs and in forcing people to subscribe to the school of Europe, particularly France. The Egyptian thought of the “Sultan’s jurists” who claimed scholar Rifaa al-Tahtawi (1801-1873) was the that “a century of injustice is better than one first to refer to the idea of freedom (Liberté) hour of chaos”. and to connect it with “justice and equity” in Social Freedom the Islamic heritage. He considered freedom a condition sine qua non for the progress and Freedom in the The historic period of the great Arab ren- civilization of the nation (Rifaa al-Tahtawi, in aissance witnessed obvious manifestations Arabic, 1840, 73, 74, 80; Rifaa al-Tahtawi, in modern sense of the of moral, social and cultural freedom not- Arabic, 1872, 8, 127). His Moroccan contem- word was introduced withstanding the stipulations of Islamic law porary, Ahmed bin Khalid al-Nasseri (1835- regulating both moral and social conduct in 1897), however, declared that “the notion of into Arab culture after Arab-Islamic regions and constraints imposed freedom invented by the ferenja (foreigners or contact developed by Arab custom and tradition. In fact the 3rd French) is, undoubtedly, the work of heretics. It requires disregard of the rights of God, the between modern and 4th Hijra centuries (9th and 10th centuries AD) represent ‘the age of liberalism’ of the rights of parents and even the rights of human- Arabs and Europe. time, evidenced by the cultural content and ity” (Ahmed bin Khalid al-Nasseri, in Arabic, daily moral practices where “freedom often 1956, 9, 114). Khayr al-Din al-Tounsi (1825- expressed itself in forms incompatible with 1889), associated freedom with a number of re- ‘traditional’ rules”. lated rights and referred to personal freedom, political freedom and citizens’ participation in managing the affairs of the State as well as freedom of the press. Thus he upheld freedom of

3 E.g. Al Jahm Bin Safwan, Mebed al-Jahny, Ghilan al-Dimashqi, Al Hallaj, Malik bin Anas, Ahmed bin Nasr al-Khuzra’i, “testing of belief in the Revelation of the Qur’an” and Sahrawardy, who was killed.

54 ARAB HUMAN DEVELOPMENT REPORT 2004 opinion and expression, which he considered BOX 1-4 the equivalent of the Islamic principle of “en- Al Kawakibi: Freedom and Dignity joining what is right and forbidding wrong”. If you know that you were created free to them; knowing that life is toil, and that All these thinkers echoed the call for to die with dignity, strive to live a pleas- the disease of toil is despair; and that life freedom in different contexts: whether in ant life every single day, a life in which is hope, and that the disease of hope is connection with Ottoman tyranny, and in its every one of you can be an independent doubt; having understood that, to God, sultan ruling his own affairs, subject to judgement and fate are what He knows aftermath, the European colonization of Arab no authority but the law, his people’s and what He does, while to man they are countries; or with the pressures of a history of faithful associate, he sharing with them effort and toil; knowing with certainty prejudices and traditions. Elsewhere, freedom and they with him both in good fortune that every footprint on the face of the is related to its determining role in achieving and in adversity; a devoted son of his earth has been placed there by one of his country, begrudging it neither thought fellow men; not imagining within himself European progress. The tyrannical nature of nor time nor money; loving humanity, any incapacity, and expecting nothing the Ottoman regime and the desire for free- working to ensure that the best of the but good; and the ultimate good is for dom prompted Abdel Rahman al-Kawakibi’s people is the one who is most beneficial him to live free or die. masterpiece: Tabai al-Istibdad (The Nature Source: Abdel Rahman al Kawakibi, 1984, 126). of Tyranny). The European “liberal example” FROM FREEDOM TO inspired the pioneers of free social thinking, as EMANCIPATION reflected in Qassim Amin’s great work, Tahrir al Mar’a (The Emancipation of Women), as In the middle of the last century an overwhelm- well as in other works which followed in his ing wave of interest in the philosophy of free- footsteps. These include the writings of Bahet- dom inspired by existentialism swept the Arab hat al-Badiya (1886-1918), Tahir al-Haddad cultural scene. The matter went beyond the (1899-1935) and Nazira Zein al-Din. This mere study and emulation of existentialism for same example gave birth to the liberal trend some Arab intellectuals, like Abdul Rahman articulated by the Egyptian pioneer, Ahmed Badawi, Zakariya Ibrahim and Mutaa’ Safdi. Lutfi al-Sayyid, who became the acknowledged This does not mean that there were no other re- leader of all liberals. The following sentence is a markable works, nor does it underestimate the clear expression of his ideas: “Our spirits were impact on the young generation of the transla- created free, God having imbued them with tion into Arabic of Jean-Paul Sartre’s plays and Throughout the 20th the nature of freedom. Indeed our freedom Simone de Beauvoir’s works. However, one of century, freedom is us, our very selves and the essence of our the most important works that have appeared selves, it is what gives significance to a human was the book by the Moroccan philosopher in Arab culture being as being human. Our freedom is our very Mohammed Aziz al-Habbabi, entitled “Liberté represents a strong being and our being is our freedom”(Mabadi fi ou Libération”. The innovation introduced a- Siyasa wa a- Adab wa al-Ijtima [Principles in by al-Habbabi was what he termed ‘realistic desire, a vital need, Politics, Literature and Sociology], in Arabic, personalism’, which he later described in an a major demand and a 138; also Youssef Salama, Ishkaliyet al-Hurriya outstanding work first published in French in [Problematics of Freedom] in Arabic, 661). 1967: “Le Personnalisme Musulman” (Muslim powerful slogan. th Throughout the 20 century, freedom in Personalism) translated into Arabic under the Arab culture represents a strong desire, a vital same title in 1969. need, a major demand and a powerful slogan Comparing philosophies inspired by exis- promoted, most notably, by the proponents tentialism with those by ‘realistic personalism’ of “free thought” as well those of “national reveals a progression in the concept of freedom independence”. The call for freedom seemed that can be summed up in the phrase “from to represent a break with the past among the freedom to emancipation”. This was a move individuals, groups and parties that sought it; from freedom as a psychological, spiritual, it was an aim to be pursued for the sake of life metaphysical experience and total independ- itself and for the future. ence of the self, to a “militant, practical and social experience which, in the outside world, in society, is embodied in emancipation from natural constraints and from all kinds of op-

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 55 pression, deprivation and exploitation. It is zation of freedom until such time that both the embodied in “real freedoms”, social, economic individual and society are socially, economi- and political (Mohammed Aziz al-Habbabi, in cally and politically liberated. For them “full Arabic, 1972, 68, 90-91, 185-186). This devel- individual freedom can only be realized when opment gave rise to related societal and civili- all its objective conditions become a reality in Freedom of opinion zational orientations, such as are expressed by a free society” (Abdullah al-Arawy, in Arabic, ...features prominently the nationalist thinker, Constantine Zurreq, 1993, 76). This can only be achieved through a and a group of social-minded intellectuals comprehensive Arab liberation movement dis- in the debate between inspired by Marxism, the most outstanding tant from the Arab bourgeoisie and prevalent Islamists and their of whom are Mahmoud Amin al-Alam, Samir colonial conditions (Mahdi Aamil). Amin, Abdallah al-Arawy, Mahdi Aamil, Elias adversaries who Murqus and Al-Tayyib Tizini. FREEDOM FROM AN ISLAMIC question how far the Constantine Zurreq linked the question PERSPECTIVE of freedom to that of “civilizational potential” latter tolerate such or “civilization”, which, he believed, distin- At first glance, it would appear that contem- freedom among those guishes nations in terms of their progress or porary Islamic thought is not particularly backwardness. He thought that the back- concerned with the question of freedom in its who disagree with wardness suffered by the Arabs in modern practical sense, concentrating, essentially, on them. times was due to their weak and unbalanced the old question of whether human actions are standards of civilization. To overcome both the the doing of God or man. However, Islamists imbalance and the weakness, basic conditions do have a clear-cut theory and the old question for civilization must be guaranteed, for they of freedom, i.e. metaphysical or ontological alone can ensure progress. Zurreq believes that freedom – is not their only concern. Freedom the eight most important yardsticks for de- of opinion – one of “the external, societal termining the degree of civilization in a given freedoms – features prominently in the debate society are: technical know-how, accumulated between Islamists and their adversaries, who scientific knowledge, moral values, artistic and question how far the latter tolerate such free- literary creativity, freedom of thought, the ex- dom among those who disagree with them and tent to which skills and values are to be found how far Islam guarantees freedom of opinion throughout society, the prevailing systems, and belief for non-Muslims. Islamists stressed institutions and traditions with the freedoms This challenge led to intensive efforts by and rights they contain, and the persons whose Islamic thinkers to “defend” and “justify” that “freedom of lives and activities reflect those skills and values their thesis that Islam guarantees freedom of opinion” or “freedom (Constantine Zurreq, in Arabic, 1981, 278). He opinion. They asserted that “freedom is in- gathered his arguments under two main head- stinctive” and that the “life of all the prophets” of the mind”, ings: creativity and emancipation. Freedom of is an affirmation of the freedom of opinion. recognized by Islam thought was the condition sine qua non for They insisted that both the Qur’an and the creativity and all else depended on it. Eman- Sunna “recognize freedom of opinion” and and guaranteed by cipation was the other facet of civilization and that “political freedom is but a branch of the Qu’ran, is subject embodied the degree of a person’s liberation a bigger, more general origin”, namely “the from nature; from the illusions and desires of freedom of man that stems from the fact that to one limitation: the self; and from other people, be they ex- he is a man, as recognized in unequivocal texts commitment to ploiting groups or classes or the hegemony of of the Book and the Sunna (Mohammed Selim other societies (ibid. 279-281). al-Awwa, in Arabic, 1989, 211-216; Hassan Islamic law. Emancipation also figures in the Marxist al-Turabi, in Arabic, 2003,162-174). At the view of the freedom question. In their view, same time, Islamists also stressed that “this in the final analysis, the aim is to be liberated freedom of the mind or freedom of opinion”, from man’s arbitrariness, from the domination recognized by Islam and guaranteed by the of nature, from exploitation by capitalism, Qur’an, is subject to one limitation: commit- from the power of private property, from pov- ment to Islamic law. An opinion expressed by erty and conflict This view postpones the reali- a Muslim, in exercising this freedom, must not

56 ARAB HUMAN DEVELOPMENT REPORT 2004 cast doubt on Islam or break its rules. That tion (Muhammad Waqidi, in Arabic, 1990, was considered as contrary to public order in 146-148; Mostafa Hanafi, in Arabic, 2002, 336- the Islamic State, for which a person was liable 337). The more restricted framework within to be declared incompetent and for which, in which al-Fasi raises the problem of freedom certain circumstances, he could be subjected remains, however, a religious Islamic one gov- to punishment (Mohammed Selim al-Awwa, erned by the concepts of absolute divine free- in Arabic, 1989, 216). Such a position, which dom, and God’s injunctions to human beings, (For Allal al-Fasi), is held by the majority in Islamic literature, His heirs on Earth, responsible for populating does not offer an Islamic theory concerning it and for ensuring justice and freedom. For freedom is part of freedom; it would more fittingly come under him, freedom is part of humankind’s personal humankind’s personal “rights of freedom”. This does not, however, nature, since human beings were not created mean that contemporary Islamic writings free but were created to become free; freedom nature, since human are devoid of any profound theory “defining not being just a right but also an obligation beings were not freedom”. Prominent representatives of the that comes second to the interest of the society Islamic movement have indeed formulated (Allal al-Fasi, in Arabic, 1997, 2-14; Muham- created free: they such a theory despite their differences, such mad Waqidi, in Arabic, 1990, 149-161). The were created to as Youssef al-Qaradawi, Allal al-Fasi, Hassan essence of Al-Fasi’s perception of freedom is Saab, Hassan al-Turabi, Hassan Hanafi and that belief in God is the path to freedom, for become free. Rashed al-Ghanoushi. “Emancipated Slavery” God is absolute freedom or “true freedom” the may well reflect their theory which signifies belief in whom is the path towards the freedom “slavery to God alone” and emancipation of humankind. from slavery to any other but God (Radwan The writings of the Lebanese intellectual, al-Sayyid, in Arabic, 2002, 565). Hassan Saab, reflect precisely the same percep- For these thinkers, the theory of Islamic tion. He argues that the monotheistic Islamic freedom stems from their critique of the liberal creed is “synonymous with the process of concept of freedom. According to Youssef al- liberation” (Hassan Saab, in Arabic, 1981, 28). Qaradawi, this concept is based on a number Monotheism is “slavery to God alone”. Such of “extraneous” elements, such as secularism, ‘slavery’ is humankind’s emancipation from the nationalist movement, capitalist economics natural, historical and political constraints. It is and personal freedom as defined in the West, emancipation from everything that is not God, including women’s freedom to wear practical it is what releases a person from the universe modern clothing and mix with men, the imple- of necessity into the realm of freedom, away mentation of foreign laws and a parliamentary from all modern ideologies which are only system. Its major defect, in their view, is that new forms of slavery: economic liberalism, it contains no “spiritual” element, which it de- materialistic communism, natural scientism, liberately neglects by “turning away from God Nietzsche’s nihilism, Freudian sexualism, etc. The essence of this and refusing to follow His guidance” (Youssef (ibid, 10-11). perception… is that al-Qaradawi, in Arabic, 1977, 121). That is also the school of thought adopted Allal al-Fasi, an independent Moroccan by the leading Islamists, Hassan al-Turabi and belief in God is the political thinker, seems to be both more precise Rashed al-Ghanoushi, who believe freedom path to freedom. and profound, and more adept at developing to be a breaking free from mortal constraints, theory on the question of freedom, than any emancipation and slavery to God. Al-Gh- other Islamic thinker. The concept of freedom, anoushi quotes from a lecture by Al-Turabi for Allal al-Fasi, starts with the will for the total on ‘freedom and unity’ to the effect that liberation of the national personality from all “Freedom is humankind’s destiny, that which constraints, whether external, such as coloni- differentiates human beings from all other alism, or internal such as social relations that creatures, so he knelt to God voluntarily since negate freedom or certain remaining traditions God when He created mortals did not include that hamper people’s freedom. The substance any element that would force them to believe. of his theory is political and aims at liberating Freedom is not an end but a means to worship humankind from all kinds and levels of aliena- God ... If freedom in its legal manifestation is

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 57 licence, in its religious manifestation it is the actions, and obstacles to the individual’s real path towards the worship of God. It is human- freedom. In other words, economic, political kind’s duty to emancipate itself for God and to and social liberation were basic conditions for be faithful in forming opinions and positions. the real freedom of the people and citizens. From the Islamic viewpoint, such a freedom is (Munif al-Razzaz, in Arabic, 1985, 491, 583, absolute because it is an endless striving for 594). the Absolute. The more faithful people are in One cannot approach the issues of free- Islamic writings their slavery to God, the greater will be their dom, emancipation and liberation without ref- promote and emancipation from all other creations in na- erence to what has, since the early 1950s, been ture ... and the higher will be the levels of their termed “the Arab liberation movement”. This consecrate the achievement of human perfection” (Rashed was the name given to “progressive” political concept of freedom al-Ghanoushi, in Arabic, 1993, 38). organizations and parties in the Arab arena, the This is how Islamic writings promote and organizations that were struggling for freedom, as being a voluntary consecrate the concept of freedom as being a unity, development and progress. Despite the human action, but voluntary human action, but also an emanci- lofty aims, slogans and values espoused by the also an emancipatory patory action, thus reconciling Islam with the movement to justify its existence – liberation, “emancipation” movement and, ultimately, unity, justice and development – in reality it one. considering it to be synonymous with “slavery was in a state of crisis and bitter failure. The to God”, i.e. removing it from human to divine explanation given by Kamal Abdel Latif and space. others is salient: “The historical awareness behind the Arab liberation movement, that FREEDOM AND LIBERATION reached the threshold of power, was unable to come to terms with the liberal gains achieved In the 1950s the notion of Arab nationalism in the Mashriq between the two wars. All the came to be embodied in political movements intellectual and political values that arose in the and regimes, as in Ba’thism in Syria and sev- ﬁrst quarter of the 20th century were ignored, eral neighbouring countries, and Nasserism in hence civil society was not established, and the Egypt. These movements made freedom one State was unable to acquire legal, secular legiti- of their basic tenets. In fact, it is one of the macy. It donned the cape of charismatic power three cornerstones of the Ba’thist credo (unity, and resorted to masked tyranny” (Kamal socialism, freedom), and a major element of Abdel Latif, in Arabic, 75). democracy in Nasserism. Yet, the “revolution- From the foregoing analysis of the con- ary” nature of these movements and the sur- cepts of freedom, emancipation and liberation The state was unable rounding conditions of international, regional it would seem that ontological freedom was to acquire legal, and local struggle and conflict made the lead- not considered to be a gateway to emancipa- ers of those movements postpone implement- tion and liberation. Indeed, intellectuals con- secular legitimacy. It ing the principle of freedom in favour of other cerned with emancipation openly criticized the donned the cape of principles: Arab unity in the party’s ideology old deﬁnition of freedom in terms of personal (Ba’thism) and socialism in Nasserism. They will, individual awareness and independence charismatic power and even justified certain formulations that cur- from external factors. While many realized resorted to masked tailed freedom throughout “the revolutionary that the attainment of freedom requires relent- stage”. This view was, however, linked to their less struggle and effort, most of their ideas of tyranny. concept of “liberation” and to defending the emancipation and liberation revolved around idea that the liberation of the Arab human issues of economic and social exploitation as being or individual was a pre-requisite for well as political tyranny. the establishment of complete freedom. All The experience of the Palestinian struggle, seemed to agree that “liberation” meant the however, offered the Palestinian intellectual liberation of the Arab individual from all kinds Sari Nusaiba an unusual philosophical oppor- of exploitation, oppression, poverty, need, tunity, which enabled him to combine freedom sickness, capitalism, feudalism, and everything in its ontological sense and liberation in its that represents a “constraint” limiting man’s political sense. What is freedom? Freedom is

58 ARAB HUMAN DEVELOPMENT REPORT 2004 the absence of bonds or the removal of bonds economic - were in fact the rights of citizenship or the emancipation from bonds (Sari Nusaiba, (Wajih Kawtharany, in Arabic, 2002, 427-430). in Arabic, 1995, 33 onwards). Freedom means Khayr al-Din al-Tounsi stressed a person’s “the capacity for growth and development right to free disposal of himself and his belong- towards the better” and “the breaking of the ings – that is personal freedom – and the right fetters preventing such growth and develop- of the constituency to “intervene in royal poli- ment” (ibid., 85). Such a capacity is achieved cies and to debate what is for the best”. He also Throughout the 20th at the level of the “self” or at the level of the referred to the right to freedom of expression “will”, i.e. at the level of the inner interaction or what he termed “freedom of the printing century, all political within the self that engenders the victory of the press” (ibid., 433). and social movements positive over the negative by the determination The leading thinkers of the Arab age of to undertake a certain action, or the refusal renaissance followed suit. Throughout the came to agree on to submit to undertaking it”. This interaction 20th century, all political and social movements the “necessity of “includes elements such as self-awareness, came to agree on the “necessity of freedom” as awareness of the reality outside the self and, a slogan, a claim, a supreme value and a right. freedom” as a slogan, most important, the clash or interconnection While they focused on different forms of free- a claim, a supreme of the ﬁrst and the second, leading to the dom - national, political, social, economic and domination of the self over the action so that intellectual “freedom of opinion” - they were value and a right. a human being’s action is in harmony with all in agreement that these were human rights what he believes in” (ibid, 117). Sari Nusaiba for the citizen and for society (Muhammad illustrates his interpretation with the case of an Waqidi, in Arabic, 1990, 164-165). The fact imprisoned Palestinian militant subjected to remains, however, as Burhan Ghalioun notes, questioning and torture. The militant’s abso- that such clear recognition of the rights and lute determination, awareness of his personal freedoms of the individual has been linked identity, capacity to overcome inner bonds to the call for democracy which has become and unwavering resolve which embodies the a concrete reality at more than one level, as collective resolve, enables him to overcome the well as “the uppermost value among political external enemy’s will that binds him, and to values and the ﬁrst among Arab social claims” achieve freedom and independence for himself (Burhan Ghalioun, in Arabic, 1994,109). More and for his people (ibid, 118-127). recently, this recognition also became linked to the claims of those seeking to promote respect for human rights and to encourage backward In Arab culture, THE RIGHTS OF FREEDOM societies along the path of democracy. As long as the task of the democratic political regime fundamental freedoms Ever since “freedom” acquired its right of citi- is to guarantee freedoms and as long as such have become linked zenship as one of the values within the modern freedoms represent vital demands for citizens, Arab cultural cluster, its proponents’ main in- they end up by becoming rights, not to say ob- inextricably to the tention was not to adopt an abstract, absolute ligations, to quote Allal al-Fasi. question of human concept of freedom, but rather a concept that In Arab culture, fundamental freedoms has practical, intellectual, political, social, reli- have in recent times become linked inextri- rights and to an acute gious and economic facets. It is true that those cably to the question of human rights and to awareness of the facets were considered forms of freedom, but an acute awareness of the oppressive nature in reality they were also the “rights” of every of political regimes, particularly where po- oppressive nature of free human being. Freedom did not only mean litical freedoms are concerned. Prominent political regimes. freedom of action and behaviour, the lifting of Arab human rights advocates stressed the constraints within the boundaries of law and importance of human rights and fundamental of Islamic law; it also meant the free citizen’s freedoms. Munther Anabtawy, one of the entitlement to enjoy a number of rights origi- foremost pioneering human rights activists, nally linked to freedom. Rifaa al-Tahtawy rec- said that all the Arab military and political ca- ognized this when he considered that freedoms tastrophes, cataclysms and defeats were due to - natural, behavioural, religious, political and “the continuing deprivation of the Arab citizen

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 59 of his fundamental rights and freedoms”. He groups perceive these issues. believed that it had become imperative for in- For example, the liberal and the Islamist tellectual élites to contribute to promoting the are unlikely to agree on the scope of personal human rights of Arabs, that being one of the and moral freedom, though they may be in necessary conditions for the revival of the Arab agreement over freedom of ownership and national project and for overcoming the social, work. The liberal, the nationalist and the political and economic problems confronting Islamist want to see freedom implemented, Arab citizens and Arab countries today (Bur- while the Marxist’s priorities are revolution, No Arab thinker today han Ghalioun, ibid., 395-397). the struggle against capitalism and the victory doubts that freedom is The general call to respect human rights of socialism before true freedom can be at- and to guarantee the fundamental freedoms of tained. Many criticize bourgeois liberalism for a vital and necessary the Arab citizen is no longer voiced for its own its superﬁciality, insigniﬁcance and lack of au- condition for a new sake in Arab intellectual circles; these prin- thenticity. Yet they also question whether the ciples have become the two vital conditions Islamists, if they ever came to power, would Arab renaissance. for an Arab renaissance. Arab nationalists, respect the human rights and freedoms of liberals, Islamists, Marxists and independents, those with whom they disagree. Most remain unanimously proclaim the call. Not all agree sceptical about this despite the Islamists’ as- on the limits of such freedoms and rights or on surances and reassurances to the contrary, and their scope and particular manifestations: some the recent efforts made by some to justify the speak of personal freedom and freedom of be- right to differ (Fahmy Jadaan, in Arabic, 2002) lief, others speak of economic, social, political and despite the guarantees provided in Islamic and other freedoms. There are differences, human rights declarations and charters elabo- sometimes fundamental, in how the various rated over the past two decades.

THE ARAB RENAISSANCE AND THE BOX 1-5 CHALLENGE OF FREEDOM Naseef Nassar: The Reconstruction of Liberalism

The power of liberalism is not only that unity of belief, i.e. to a kind of chaos that No Arab thinker today doubts that freedom is it raises the banner of individual freedom is no less dangerous than its opposite a vital and necessary condition for a new Arab and counteracts the tendency to dis- where human relations, understanding renaissance, nor that the Arab world’s capacity solve the individual within the group, and development are concerned. That is but also that it claims freedom for all why for a liberal society to remain viable to face up to the problems and risks of globali- human beings without exception, men and to progress, it needs to organize the zation depends on ending tyranny and secur- and women alike. History, however, processes of intellectual understanding ing fundamental rights and freedoms. teaches us that to organize social life in a among its members. Freedom is not the only, nor is it a suf- practical, liberal manner is far from the It also needs to set up mechanisms mere application of a ready-made and for sifting, comparing and selecting in ficient, condition for this renaissance to take final view, or a pleasant walk in a rose order to make room for truths to surface, place, but it is a condition sine qua non. It is garden. It is an open process of strug- to agree on common truths and their link counterproductive to debate the prioritisa- gle, one that requires an ever-developing to the right institutions for them. tion of values needed for such a renaissance: awareness of the dimensions of freedom It goes without saying that the truths freedom, or development or justice. All are and of its problems, in the light of direct in question are not the ones related to the experience and in all the areas freedom absolute and the eternal alone, but rather essential; the renaissance cannot work in the touches. It also requires an associated the social, the cultural, political, eco- absence of any one of them; they are an inter- theoretical understanding of the liberal nomic and moral truths on which hang connected and interrelated whole. orientation itself and a critical review of the history of individuals as well as their With the prevailing situation in the Arab its achievements. destiny in this fleeting world. Despite its As a result of the principle of free- individualistic premises, the liberal soci- world and with recent global developments, it dom of thought and belief, the liberal ety in the West has never ceased to try is vital to think about freedom and the form society does not lean towards a compre- developing a response to this need, yet it can take to embody the specificities of Arab hensive and complete unity of thought, the challenge now imposes itself in new societies, and the fundamental social and po- but rather towards a plurality of beliefs, forms amid the rising tide of globalisa- litical aspirations of their people. or towards variety within one single be- tion which requires a reconstruction of lief. Taken to extremes, such a tendency liberalism. Reflecting on this subject, Naseef Nassar leads to the exact opposite of dogmatic turns to liberalism as a social system based Source: Naseef Nassar, in Arabic, 2004, 77-78 and 107. on the principle of individual freedom, noting

60 ARAB HUMAN DEVELOPMENT REPORT 2004 that liberalism is not limited to the forms it has THE CONCEPT OF FREEDOM AND taken in Western societies up to the present GOOD GOVERNANCE IN THIS day; and that other countries – among them REPORT Arab countries – can seek “the form they deem best to promote freedom depending on their Freedom is one of the principal human goals position on the map of civilization and without and highest human values. It is cherished in excluding the experiences of Western coun- itself and sought for its own sake. tries” (ibid., 150-155). Nassar believes that liberalism should be BOX 1-6 Freedom for its own sake reconstructed, which requires “the assimila- A person’s freedom can be seen as actually achieved. If, for example, all tion of the principle of individual freedom being valuable in addition to his or her the alternatives other than the one actu- within a new concept of the sociability of achievements. A person’s options and ally chosen were to be eliminated, this man”, one that links reason to justice and to opportunities can be seen as counting in a need not affect achievement (since the authority. Along the same lines, individualis- normative evaluation, in addition to what chosen alternative can be still chosen), the person ends up achieving or secur- but the person clearly has less freedom, tic globalized liberalism should be excluded ing. Freedom may be valued not merely and this may be seen as a loss of some – since it neglects freedom of will in favour because it assists achievement, but also importance. of unbridled capitalistic power. A new phi- because of its own importance, going losophy must be devised, based on a “social beyond the value of the state of existence Amartya Sen, 1988, 60 liberalism” which can be called “the liberal- The concept of freedom accommodates ism of social solidarity”, a liberalism founded two senses, negative and positive. The first on social reason, social justice and a political concerns the domain in which an individual authority that establishes the frameworks and (or group) is able to exist and to act as s/he organizations conducive to protecting and (or it) wishes without interference by others; safeguarding freedom (ibid. 158-159). Starting it entails lifting any restrictions placed on the with this “liberalism of social solidarity” and individual. The second, positive sense has to within its space, the issues of unity, pluralism, do with the source of interference or control stability, labour, social wealth, political system, over the being or action of the individual (or knowledge, faith and education can all be group), or the manners in which individual reconstructed, along with the institutions and freedom is regulated for the purpose of avoid- organizations they require, in a manner no less ing chaos, (Berlin, 1969). flexible or efficient than that followed by Euro- Freedom is one of the The importance of the second sense of pean states in their transition from the Europe freedom is that some freedoms can be incom- principal human goals we know to a new Europe that will give a new patible with higher human goals. An oft-cited face to globalization (ibid.167). The great free- and highest human example is the “liberty” of someone to inflict dom we seek resides in this system based on pain on another by committing the crime of values. It is cherished “the liberalism of social solidarity” and not in torture. Moreover, the natural, unimpeded “neo-liberalism”. in itself and sought for spread of total freedom may on the one hand The majority of Arab thinkers today are block the satisfaction of the basic needs of peo- its own sake. moving in the direction of a renaissance which ple at large; and, on the other, allow the strong combines the principles of freedom and justice to tyrannize the weak. with the additional principle of social and eco- However, the individual’s consent to the nomic development, although they may differ principle that freedom must be subject to as to which principle should come first. This control raises the possibility of oppression by trend should be entirely compatible with an a ruling individual or majority. Hence, the Arab order of good governance of a humane inseparability of freedom and good govern- nature, based on freedom, creativity, justice, ance, defined in a specific societal context, welfare, dignity, fairness and the public good. constitutes the ideal position between absolute freedom (chaos) and oppression. For this reason, the present Report takes a broad purview that encompasses the negative and the positive dimensions of freedom.

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 61 The scope of the concept of freedom present Report covers all realms of human ranges between two extremes. The first is a rights, that is, economic, social, cultural and narrow one that restricts freedom to civil and environmental rights as well as civil and politi- political rights and freedoms, linking it to citi- cal rights. zenship and democracy, and to the emergence In this comprehensive definition, freedom Freedom is an ideal of liberalism in Western thought since the 17th is an ideal and persistently broadening goal. It century. The second is comprehensive, and has is thus true to say that freedom is a goal ever and persistently been adopted in this Report. This compre- sought but never reached. broadening goal. hensive scope incorporates not only civil and As is the case with civil and political political freedoms (in other words, liberation freedoms, the other freedoms are valued in from oppression) but also the liberation of the themselves as human aspirations. A citizen individual from all factors that are inconsistent who enjoys civil and political freedoms will with human dignity, such as hunger, disease, still seek to avoid hunger or disease. While ignorance, poverty, and fear. In human rights some may think that adversity or insecurity terms, the understanding of freedom in the may distract people from such issues as, for example, freedom of expression and association, lack of these other freedoms may often spur BOX 1-7 The Charter of Medina demand for freedom and good governance. Ultimately, these other freedoms complement One of the most important acts with cepted conditions of mutual co-existence which the Messenger of God (the in the city. and complete civil and political freedoms, to Prophet Muhammad) began his life in From the Text of the Charter: form the core of human well-being. This core Medina was the writing of a missive in “In the name of God the Beneficent and constitutes true freedom: the absence of even which he formally set out the relationship Merciful, this is a document from Mu- one of these other freedoms detracts from the between Muslims and others in Medinan hammad the Prophet [to govern the rela- society. He referred to the groups col- tions] between the believers and Muslims value of civil and political freedoms. What, for lectively as “the people of this document of Quraysh and Yathrib5 and those who instance, is the point of a person having the [lit., page, sahifah],” that is, the missive followed and joined and strove with legal right to buy basic commodities, i.e. the he had written. This document is consid- them. They are one community (umma), right to economic transactions, if poverty pre- ered the equivalent to the constitution of exclusive of all other people…. cludes the effective exercise of that right? the emergent Islamic state in Medina, “The pious believers will stand and indeed many modern scholars refer against rebellious elements or those who In this comprehensive sense, freedom is to it as the “Constitution of Medina” promote oppression or injustice, enmity considered both the ultimate goal of human or “Charter of Medina”. Nearly a mil- or sin and corruption, among believers. development and its foundation. lennium and a half ago, this document Every person’s hand will be against such Freedom, however, is one of those supe- articulated and established the principles a one even if that one is the offspring of of citizenship, equality and justice (com- any one of him or her…. rior human culmination outcomes that must bating oppression), and of freedom of “The Jews have their religion, and be guaranteed, sustained and promoted by belief, in a written pact. the Muslims have theirs, and this ap- effective societal structures and processes. This is possibly one of the earliest plies to their freedmen as well as to These societal guarantees are summed up in documents in history to appraise the themselves, except for the one who acts relationship between governance and wrongly or unjustly. That person hurts the order of good governance embodied in people on the basis of citizenship, rather none but himself and his family. The synergy between the state, civil society, and the than on any discriminatory basis (religion Jews of Bani Najjar will have the same private sector as depicted in the first Report in in this case) rights as the Jews of Bani Awf, and the our series. Such an order: Ibn Ishaq reported: The Messenger Jews of Bani Harth will be as the Jews of • Safeguards freedom to ensure the expan- of God drew up a written document Bani Awf…. among the Emigrants4 and the Medinans The Jews of al-Aws, both their freed- sion of people’s choices (the core of human (Ansar) in which he made a pact with the men and themselves, will have the same development) Jews [in Medina], establishing their right standing as the people of this document, • Rests upon effective popular participation to practice their religion and retain their in good and pure loyalty from the people and full representation of the public at large. property, and in which he made and ac- of this document.” • Is buttressed by first-rate institutions (in Sources: Abi Muhammad Abdulmalik ibn Hashim al-Mu’afari, in Arabic, 1998; Abd al-Rahman Ahmad Salim, in Arabic, 1999; Muhammad Salim al-‘Awa, in Arabic, 1989 contrast to the tyranny of the individual),

4Emigrants: those who had emigrated with the Messenger of Gods from Mecca to Medina to found a community of Muslims. The Ansar (“supporters,” “helpers”) were the Muslims of Medina who invited the Messenger of Gods to settle there. 5Quraysh: The Meccan clan from which Muhammad, the Messenger of God, came. Yathrib: the name of Medina before it became Medinat al-Nabi, “City of the Prophet,” shortened form, Medina.

62 ARAB HUMAN DEVELOPMENT REPORT 2004 which operate efficiently and with complete BOX 1-8 transparency. These institutions are subject Setting the deviant ruler straight to effective accountability among themselves, protected by the government’s separation of Omar Ibn al-Khattab: Should a person Omar Ibn al-Khattab: Praise be to see in me a deviation [from that which is God that in the community of Omar powers, and by a balance among those powers; right], let him make it straight. exist those who would straighten Omar’s they are also directly accountable to the popu- Man: If we saw in you a deviation, deviation with the sword. lace through popular selection processes that we would make it straight by the blade are regular, free, and scrupulously fair. of our swords. • Upholds the rule of law; and ensures that the law itself is fair, protective of freedom, and applies equally to all; BOX 1-9 Al-Kawakibi: Importance of holding the ruling • Ensures that an efficient, fair and inde- authority accountable pendent judiciary applies the law impartially and that the executive branch duly implements In sum, we have said that government, way the nation’s people are inattentive or of any sort, is not absolved of being de- negligent, or simply disregard it, but that judicial rulings. scribed as oppressive as long as it escapes it hastens to clothe itself in the attribute A society distinguished by freedom and rigorous oversight and is not made to of tyranny; and, once this is achieved, it good governance requires an institutional ar- answer for its actions without fail. will not abandon it as long as it is served chitecture based on the synergy of three social It is a well established fact that there by a modicum of those two enormous is no just government that feels safe from and dreadful powers, the ignorance of sectors: responsibility and blame because in some the people and organized troops. • The State, incorporating government, rep- Source: Abdul Rahman al-Kawakibi, in Arabic, 8-9 resentative bodies, and the judiciary; • Civil society, in the broadest sense, which Undoubtedly, the institutional architec- embraces non-governmental organizations, ture, especially the legal and political architec- Economic and professional associations and syndicates, mass ture, occupies the pre-eminent position, as this social freedoms media, and political parties; is the foundation on which all else must build. • The (profit-seeking) private sector. Thus, the present Report puts the spotlight on are underpinned Good governance requires each sector to pos- these two cornerstones. by efficient and sess the following two characteristics: Similarly, the concept emphasises civil so- • Respect for freedom and human rights, ciety, as characterized above, because the latter sustainable economic and adherence to the legal architecture that has a pivotal role to play in achieving a deep growth in which protects them. political alternation in society as countries • Observance of the principles of rational make the transition from a status quo inimical corporate governance public administration. This calls for stable to freedom, to the regime of good governance plays a major role. institutional structures in place of supreme described here. individual authorities, and adherence to key BOX 1-10 principles: efficiency, separation of powers, Corporate governance transparency, disclosure, and accountability. Beyond these general criteria for the in- Economic and social freedoms are un- because it helps ensure the accountabil- derpinned by efficient and sustainable ity of corporate institutions, which rests stitutional structure in a society of freedom economic growth in which corporate on public knowledge and information. and good governance, there are particular governance plays a major role. Furthermore, individual investors’ basic requisites for each of the three sectors, in the Three major principles of corporate right to be included in decision-making following respects: governance are underscored: transpar- may deliberately be poorly defined and ency, accountability and inclusiveness. weakly protected when corporate ac- • Judiciary: impartiality It is not only important to uphold each countability is lacking and no deterrents • Representational bodies: efficacy of legisla- of these principles in its own right; since or recourse are available for those whose tion and oversight they are mutually reinforcing, it is even rights are breached. • Government: leadership directly selected more important to adhere to them as Particular attention needs to be by, and accountable to the people a whole so that none of them is com- paid to stock markets, one of the most promised. As such, transparency in cor- important drivers of economic growth. • Private sector: creativity, efficiency and porate governance is critical not only in It is crucial to implement corporate social responsibility terms of providing quality disclosure of governance within them to enhance their • Civil society: effectiveness, self-sustainabil- information so that investors may make efficiency and to harness their develop- ity and social responsibility. informed financial decisions, but also mental potential.

THE INTELLECTUAL BASIS AND CONCEPT OF FREEDOM AND GOOD GOVERNANCE 63 the increasing foreign military presence and BOX 1-11 Taha Hussein(1938): Freedom and Independence other external influences in many Arab countries. We live in an era among whose more suffice and did not regard them as their Governance in Arab countries is undergo- special attributes is the fact that freedom only long-term goal, but instead supple- and independence are not so much a mented them with the civilization that ing a process of reform. We hope that these goal towards which peoples look and to is based on culture and knowledge, the Reports will help to plant the seeds of good which nations strive, as they are a means strength that emerges from culture and governance in the region by inspiring a soci- to achieve higher and more lasting goals, knowledge, and the wealth that is pro- ety-wide process of creative thinking, innova- beyond freedom and independence in duced out of culture and knowledge. tion and collective work in which all dynamic themselves—ends that are more broadly We want to be free people in our beneficial and more widely advanta- country, free of foreigners such that they societal forces in Arab countries will take part. geous. cannot oppress us or treat us unjustly; And this includes, of course, governments of Many groups of people in many and free with respect to ourselves, such the day. parts of the world once lived free and that no one of us can oppress or treat The pivotal question is: can the present independent. Yet freedom availed them another unjustly. of nothing, and they found no further We want internal domestic freedom, Arab society accomnodate this concept of benefit in independence. Their own free- and its foundation, the democratic order. freedom and good governance?. An answer is dom and independence did not protect We also want external freedom, and attempted in Chapter 2. The concept adopted them from encroachment by other peo- what it is based on, true independence raises another question of a historical nature: ples who had freedom and independence and the strength that surrounds this can the future unfold along a trajectory that but were not content to make these alone independence. will lead the Arab world to a society of free- Source: Taha Hussein, in Arabic, 1996, 15, 41 dom and good governance?. Under such a system of good governance, it is virtually impossible to destroy freedom. On the other hand, freedom remains at risk, and the mode of government can become oppressive, where any of these cornerstones of good governance are absent or deficient. It needs to be underlined, however, that the individual is free only in a free society within a free nation. Distinguishing between society and nation allows for an analysis of the freedoms of different groups in that social space between the individual and the nation. It thus facilitates consideration of minorities, The individual is free whether ethnic or religious, and the important question of respect for their rights. only in a free society The paradigm of “good governance” dis- within a free nation. cussed here and the collective societal process for its advancement are especially relevant because they enable different societies to represent their own particularities. This provides Arab countries with an opportunity to think creatively about how to achieve the best and most representative system of good governance in their respective contexts. In the Arab region, national liberation is of particular importance because of the Israeli occupation of Palestinian Arab territories, which impedes human development in the area, and threatens peace and security in the region. There is also the more recent dimension posed by the US-led occupation of Iraq, along with

64 ARAB HUMAN DEVELOPMENT REPORT 2004 CHAPTER TWO Freedom and Governance in Arab Countries at the Beginning of the Third Millennium: Some Problematic Issues.

Introduction This contradiction, which varies in degree from one country to another, takes various In Arab countries, the model of comprehen- forms: laws that actually violate rights and sive freedom and the model of good govern- freedoms; parliamentary “representatives” ance guaranteeing such freedom both face who bend to the executive authority, instead significant conceptual and practical chal- of scrutinizing its performance and holding it lenges. A combination of global, regional accountable; non-governmental organizations In Arab countries and local circumstances accounts for this. that are run directly or indirectly by the gov- today…democratic Based on the adopted understanding of free- ernment, or reﬂect corrupt governance; and dom, the present chapter briefly discusses “trade unions” that defend governmental or institutions that exist some of these issues, examined in more business interests, with little regard for those have been stripped of detail in subsequent chapters. The first issue they are supposed to represent. Then there are is the tension between freedom and demo- some media outlets that are little more than their original purpose cratic institutions as they exist today in the mouthpieces for government propaganda, to uphold freedom. Arab world. The second concerns how the promoting freedom of speech only if it does interests of dominant global powers in the not turn into political activity. Such captive region affect freedom and good governance outlets fail to stimulate intelligent and objec- in Arab countries. This chapter also exam- tive debate, enhance knowledge acquisition ines claims that Islam and Arab culture are and advance human development among the inherently incompatible with freedom and public at large. good governance. That scrutiny is followed This is not to deny that, within such insti- by a discussion of international human tutions, there are many sincere and committed rights law as a basic reference for good parliamentarians, journalists and civil society governance in Arab countries. The chapter representatives actively working for the good concludes with a section on peaceful transi- of the people. tion towards a society of freedom and good A more recent form of this contradiction is governance in the Arab region, addressed in the move towards the hereditary transmission more depth in Chapter 7. of power in republican systems of govern- Arab states grew up ance. By portending dynastic trends, this new THE TENSION BETWEEN formula invalidates the very essence of the in the shadow of, FREEDOM AND DEMOCRATIC republican system. and in some cases INSTITUTIONS IN THE ARAB WORLD THE CONTRADICTION BETWEEN because of, colonial FREEDOM IN ARAB COUNTRIES arrangements. In Arab countries today, there seems to be a AND THE INTERESTS OF contradiction between freedom and democracy DOMINANT GLOBAL POWERS because many democratic institutions that exist have been stripped of their original purpose to Arab states grew up in the shadow of, and in uphold freedom, in its comprehensive sense. some cases even because of, colonial arrange- Moreover, such institutions are subordinate to ments such as the Sykes-Picot Agreement the executive authority as part of a governance between the two Great Powers of that day, apparatus that does not protect freedom. Britain and France, after World War I. Many

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 65 were subjected to a protracted period of colo- come to play in the advanced economies, made nialism, which, as in the case of Egypt in 1882, the Arab region of crucial strategic value to the aided authoritarian regimes to start curbing industrialized countries whose main interest national opposition. was to ensure continuing oil supplies at reason- Certain restrictions of freedom in Arab able prices. The second factor was the creation countries have their origins in the colonial of Israel in 1948. Any Arab country’s attitude period when the authorities handled popular toward Israel and its practices has become one When expedient, resistance to occupation by introducing sys- of the most important yardsticks by which that tems, laws and practices that curbed freedom. country is judged by some global powers, espe- global powers Both the British and French set up exceptional cially the US. intervened in the courts to try the opponents of colonial rule. In It was inevitable that a contradiction Egypt, for example, martial law was imposed would arise between such interests and le- affairs of Arab states, for the first time under the British adminis- gitimate Arab aspirations for freedom and even if at times this tration. Although by the mid 20th century self-determination. It was generally feared that occupation had come to an end, some of the if freedom and democracy ever prospered in involved crushing legal structures and practices limiting freedom the Arab world, enabling the majority to freely freedom movements. under occupation were to be adopted in the express their will, this might not help, and political and legal architecture of the newly could actively conflict with narrow interests independent Arab states. in the region. In the internal-external equation in Arab When expedient, global powers intervened countries, two factors emerged which were in the affairs of Arab states, even if at times this fated to have a far-reaching impact on the at- involved suppressing freedom movements. titudes of the major powers towards freedom This was sometimes achieved through direct in the Arab region: the discovery of oil and military intervention, such as when Britain the establishment of the state of Israel. The re-occupied Iraq in 1941 (Khalidi, 2004, 24), discovery of large reserves of oil in the region, or else through intervening to destabilize any combined with the dominant role that oil has Arab State that presumed to oppose their interests or to resist Israel as was the case with BOX 2-1 The Reasons behind the Failure of Democracy in the tripartite aggression against Egypt in 1956. Arab Countries: Perceptions of a Western Scholar To that end, the global powers set up alliances, sometimes with other Arab partners, to encir- Seven reasons are suggested in this ac- states and colonial powers for control count: oil wealth, levels of income, the over their oil and its pricing have led to cle and pressure the “upstarts”. nature of the Arab state, the Arab-Israeli frequent Western military intervention Newly independent Arab states emerged conflict, geography, outside support for that is still ongoing. These conditions weak and fragile. On a tense global bat- friendly tyrants, and Islamism. Three can and continuing regional tensions have tleground, the majority of them had to find be tied to the context of this Report: not been conducive to democratic de- a place for themselves, usually by associating “Arab-Israeli tension: The creation velopments. of the state of Israel on Palestinian soil Long-standing Western Support themselves with one or the other of the two came at a time when most Arab states for “Friendly Tyrants” in the Middle competing Cold War super-powers. Freedom themselves were just gaining their own East: This phenomenon began with the in Arab countries thus succumbed to a polar- independence. The swift Arab rejection Cold War and systematically weakened ized world. While one camp did not adopt of the new Israeli State, and subsequent democratic forces within the region. wars and Arab defeats have encouraged After the end of the Cold War, the emer- freedom in its comprehensive sense, the other, the development of military regimes and gence of international terrorism and the while publicly proclaiming freedom, some- security-focused states that are readily Bush Administration’s war on terror have times took pains to prevent it from spreading exploited by dictators. continued to favour the maintenance of in Arab countries. Geography: The location of the “friendly” authoritarian regimes. The Consequently, major world powers tended Arab world on a central East-West axis Bush administration’s call for democra- and the geopolitical reality of holding tization invariably takes a back seat to to gloss over human rights violations in their over half of the world’s oil reserves made security considerations, perpetuating Arab client states so long as the regimes con- the Middle East a key focus of European tolerance of cooperative dictators who cerned continued to serve their interests. Thus colonialism in the nineteenth and twen- support the war on terror”. indulged, the Arab despots of the day ruled tieth centuries. Struggles between Arab Source: Fuller, G.E., Islamists in the Arab World, the Dance around Democracy, Carnegie Endowment for oppressively, postponing their countries’ tran- International Peace, Washington DC, September 2004, p.6. sition to democracy.

66 ARAB HUMAN DEVELOPMENT REPORT 2004 THE CRISIS OF DEMOCRACY FREEDOM BEREFT OF AFTER SEPTEMBER 11 ORGANIZED SUPPORT

The events of September 11 have added an- In Arab political life, the cause of freedom fal- other dimension to this tension between the tered in the absence of effective, broad-based interests of global powers and freedom in political movements capable of rallying people Relations with Arab countries. Western countries, especially to the struggle and building systems of good the US, were considered by many democratic governance. In most Arab countries, freedom democratic Western movements in the world to be premier exam- thus remained a disembodied ideal. states stirred moves ples of mature, free democracies. Relations with Popular political forces, such as the Arab democratic Western societies stirred moves nationalist and, later on, the Islamist move- towards democratic towards democratic change in many countries ments, did not make comprehensive freedom change in many struggling for freedom. However, this stimulus their priority. When they did turn to the ques- began to wane after the events following 9/11 tion, their more limited goal, understandably, countries struggling when the US administration moved to curtail was national freedom, which they made their for freedom. civil and political rights, especially those of public rallying point in the struggle against Arabs and Muslims, in the fight against “ter- colonial powers. rorism” as the former defined it. Meanwhile, advocates of larger theories According to some US citizens’ groups of freedom refrained from practical political and lawyers’ associations, probably the most organization and consequently the struggle significant sign of the erosion of civil and po- for freedom remained on paper, in books that litical rights in the US is the Patriot Act issued were seldom read. in the wake of those events. To put this Act in a historical context, we refer again to The Bill of Rights, which restricts the authority of the federal government in matters of surveillance BOX 2-2 and the pre-emptive arrests of citizens. Under Abdallah al-Arawy: Freedom and Liberalism in the Arab Context the provisions of the Patriot Act, the govern- Whenever we speak of freedom, we have eralism automatically engendered Arab ment obtained broader powers for tapping to take a stand vis-à-vis the intellectual liberalism, and that the call for freedom telephone conversations, screening private system, which includes the word freedom in the Arab Islamic world is an exact rep- electronic mail and searching databases. Many in its very title, i.e. liberalism. lica of the European call for freedom, that immigrant rights, including those of legal im- Liberalism considers freedom the the very word freedom is the translation migrants, have been curbed. One example is principle and the ultimate, the source of a foreign word. I say that the call for and the goal, the origin and the result in freedom is born, first and foremost, from the subjection of immigrants to “preventive the life of the human being. Liberalism a need within Arab society, a need felt administrative detention”, on the order of the is the only intellectual system that aspires by a number of people. The fact that the Attorney General, even when no charges have to nothing but to describe, explain and expression of this need benefited from been proffered and the individual cannot be comment on aspects of free human similar foreign experiences, that Arab 1 activity. authors rushed to embrace the liberal legally deported. Consequently, it is natural for mod- system because it adequately expressed Many of these new laws are the subject of ern Arab thinkers to have acquired the what they felt does not mean that it was vigorous internal debate and are being chal- concept of freedom through their knowl- foreign influence itself that triggered lenged in the courts. Nevertheless, the fact that edge of liberalism. Yet the difficulty the need. The proof lies in the fact that some Western countries which Arab reformers facing the political historian and analyst Arab writers did not faithfully copy the is that of determining the characteristics European liberalism of their time; rather, had long held up as models have taken steps of liberal thought or, more precisely, they disregarded its awareness of its own widely perceived to be discriminatory and re- diagnosing the components that were contradictions. What they needed was an pressive, especially with regard to foreigners, previously incomplete, and which later optimistic, firm and self-assured liberal- has weakened the position of those reformers merged with other ideas that led to the ism, so they projected their own wishes loss of its specificity. on the pale and pessimistic liberalism of calling for Arab governments undertaking I reject the notion that Western lib- which they were contemporaries. similar actions to change their course. Source: Abdullah al-Arawy, in Arabic, 1981, 36, 39, 59.

1 It is signiﬁcant to note here that hundreds of town councils in the US adopted resolutions opposing this law.

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 67 “ORIENTAL DESPOTISM” AND mind”) or Muslims. THE ARAB SOCIETAL CONTEXT That some Western International studies such as the World Values Survey (WVS)2 have exposed the false- countries which Arab Some historians hold that, from the fall of ness of these claims by demonstrating that reformers had long Baghdad in the mid-13th century to the col- there is a rational and understandable thirst lapse of the Ottoman State, freedom left the among Arabs to be rid of despots and to enjoy held up as models Arab scene and an intellectual culture of democratic governance. That survey clearly have taken steps reason receded before one that emphasized showed that Arab attitudes and values strongly the metaphysical and the mythical. A state of support knowledge and good governance. widely perceived to intellectual inflexibility ensued, “closing the Among the nine surveyed regions, which in- be discriminatory… door on independent reasoning and (ijtihad) cluded the advanced Western countries, Arab or interpretive scholarship (ijtihad)”. countries topped the list of those agreeing that has weakened the In the context of the fraught and ambigu- “democracy is better that any other form of position of those ous relationship between “East” and “West,” governance”. A substantially high percentage presented as a stark split, the first pole was also rejected authoritarian rule (defined as reformers calling for usually associated with “despotism” as a sup- a strong ruler who disregards parliament or Arab governments posedly inherent characteristic of “the East” elections). These results are quite logical in and “Eastern” civilization, while the second comparative terms, since those who bear the undertaking similar was linked with freedom, purportedly a funda- scars of despotism and harsh rule naturally actions to change mental quality of “Western” civilization. look forward to freedom and good governance Thus despotism came to be considered the more than others. their course. principal factor in explaining slow progress or Erroneous and mechanical connections underdevelopment in “the East.” This expla- between Islam and despotism are similar to nation was reinforced by the suffering imposed those that were sometimes made between on the Arab East by despotic rulers and gov- Catholicism and oppression in certain Latin ernors, by the dominant influence of obsolete American countries, in Eastern Europe and in customs and practices on people’s lives, and by East Asia some thirty years ago. It is as wrong the lack of freedom. At the same time, freedom to link Islam and oppression now as it was to was spreading, to varying degrees, among bracket Catholicism with oppression then. Erroneous and countries of the West. As a result, we now face mechanical the dichotomies of “despotism/backwardness” DEMOCRACY AND RELIGION and “freedom/progress”, metonyms for the connections between “East/West” duality (Mahir Hanandah, in In democratic thinking, institutions must be Islam and despotism Arabic, 2002). able to formulate policies freely and independ- The notion that “the East” is innately ently, within the boundaries set by the consti- are similar to those severed from freedom (or democracy) gained tution and human rights. Specifically, there that were made new currency with “the clash of civilizations” should be no privileged position for religious (Huntington, 1996), and efforts to play up and institutions that would permit them to dictate between Catholicism magnify this distinction after the catastrophic policy to a democratically elected government. and oppression events of September 11 and the “war on terror- By the same token, individuals and reli- ism.” Many observed that Arab and Muslim gious groups must be guaranteed independ- in Latin American states are not democratic, and one can hardly ence vis-a-vis both the government and other countries, in Eastern take issue with that. But altogether more religious groups. This independent arena must questionably, a few claimed that Arabs and protect the right of people and groups not only Europe and in East Muslims are not capable of being democrats, to worship as they wish, in private; but also to Asia thirty years ago. for the very reason of being Arab (“the Arab promote their values publicly in civil society. 2 An extensive international study, the World Values Survey provides an opportunity to assess the relative preferences of Arab people, in comparison with people of other regions and cultures, on issues of freedom and governance. The results presented in this study are based on field surveys in a large number of countries in the world, including five in the Arab region (Jordan, Algeria, Morocco, Egypt, and Saudi Arabia). The results cover approximately half the population of Arab countries. In addition to the Arab countries, the surveys provide data concerning eight other country groups: other Islamic countries (non-Arab), sub-Saharan Africa, Eastern Europe, South Asia, the US and Canada and Australia and New Zealand, Latin America, East Asia, and Western Europe.

68 ARAB HUMAN DEVELOPMENT REPORT 2004 They must be free to create organizations or Head of the Shi’ite Supreme Council of movements within political society for the Lebanon, who ruled that “During the period of same purpose, provided that such activity has occultation, the umma, or nation of Muslims, no negative impact on the freedom of other reclaims governance authority (wilaya), and citizens or democratic rules and principles. appoints the ruler or rulers by means of choice These institutional principles of democ- and election. Through its will the nation grants racy mean that it is unacceptable to prevent the ruler(s) authority whose duration or sub- any societal group, including religious groups, stance is limited” (Muhammad Selim al-Awwa, from forming a political party. However, these in Arabic, 1998, 61-63; Muhammad al-Mahdi groups should agree and adhere to all the guar- Shamseddin, as quoted in Muhammad Selim antees of democratic practice in society (Chap- al-Awwa, 1989). ter One) even when faced with the “tyranny of Islam may not set out a detailed and com- the majority”, so that democratic principles prehensive system for good governance in its Islam, in the prevailing remain the standard for correcting departures sacred text. Yet that text (“bearer of multiple Sunni rite, has no from democratic practice. It is only permissible perspectives”), its interpretation (which is to impose restrictions on political parties once multiple), and Islamic history (which reflects “clergy” and no their actual conduct has led to acts inimical to great variety) all embody the core principles “church”. democracy, and where it is the judiciary, and that sustain freedom and good governance not the ruling party, that makes the ruling as we understand them. These principles (Stepan, 2001, 216-217). include obligatory consultation, respect for Interestingly, in advanced Western freedoms, questioning rulers and holding them countries that are incontestably democratic, accountable.3 The dominant trend in Islamic religion is not distant from political society. jurisprudence supports obligatory consultation Indeed, some theorists argue that no existing and freedom, without prejudice to the rights Western democracy can claim a hard-and-fast of others. Specifically, enlightened Islamic in- separation between Church and State, having terpretations find that the tools of democracy reached the point where “freedom of faith” - when used properly – offer one possible prac- does not end with practicing religious rites in tical arrangement for applying the principle of private life, but extends to the right to organ- consultation (al-shura). ize in civil and political society. Indeed, some These fundamental principles (from which theorists maintain that neither “secularism” governance systems and detailed regulations nor “the separation of ‘Church’ from State” may be derived) provide for the realization constitutes an essential property of democracy of justice and equality, the assurance of public (e.g. Stepan, 2001, 223). What is always neces- freedoms, the right of the nation to appoint sary is to assure the State’s impartiality towards and dismiss rulers, and guarantees of all public the beliefs of its citizens. BOX 2-3 Ibn al-Qayim al-Jawziya: On welfare DEMOCRACY AND ISLAM: This is a difficult subject, so much so by a kind of defect in their knowledge POTENTIAL FOR HARMONY that some have given it up, asserting of truth and their knowledge of reality, that the sacred law is deficient and is and the error of regarding the one as less Our starting point here is that Islam, in the not concerned with human welfare. But important than the other. prevailing Sunni sects, has no “clergy” and no those who hold this to be the case have Know that the law is all justice, all excluded themselves and humanity at equity and all mercy. Every matter that “church,” and consequently the concept of re- large from many right and beneficial deviates from justice toward injustice, ligious authority or rule does not arise. Even courses of action, which in their opinion and from equity toward oppression, in Shi’ism, contemporary ijtihad or interpre- are incompatible with the law. By the life and from mercy toward lack of mercy, tive scholarship favours “the authority of the of the Almighty! Those courses of action is not of the law, though it may have umma (nation),” rather than “the authority of are incompatible, not with the law, but been incorporated into the law through with those individuals’ understanding interpretation. the faqih (jurisprudent).” Such is the opinion of the law. They have been led astray of Ayatollah Muhammad Mahdi Shamseddin, Source: Ibn al-Qayim al-Jawziya, Kitab al-turuq wa al-hikma

3 This does not conﬂict with the fact that much of the traditional heritage leans towards “establishing the legitimacy of the existing state, even when it is one of oppression and tyranny” (Kamal Abdel-Latif, in Arabic, 1999, 67).

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 69 BOX 2-4 obedience to rulers, the utterance “Obey the Imam Muhammad Abdu: The Legitimacy of Elections person in charge,” which is often exploited to “States that have built their power on the the government or others, this is legally support existing rule no matter how oppres- basis of consultation, entrust the nation null and void and the chosen ones have sive, and to illustrate “the Arab/Muslim men- to elect trustworthy people who will not the authority to be in charge and, tality” on governance, is in fact only one part of establish the public laws of the kingdom consequently, to obey them is not a legal and monitor their implementation by the obligation as ordained in the Qur’an, the hadith. The text stipulates obedience only government. Such elections cannot be but enforced obedience. For example, “in what accords with the truth”4 and indeed legitimate unless the nation has the full if a man were forced to elect a so-called goes beyond that to fault the bad ruler. freedom to choose, without any pressure deputy of the nation to what is known as Notwithstanding these key theological from the government or from others, the legislative power, he would be like with no temptation and no intimida- one who was forced to marry or to buy; and philosophical nuances, political forces, tion. Thus, the nation must be aware of he would be legally entitled to neither both those in power and in opposition, have its rights and their purpose. If different wife nor goods”. selectively appropriated Islam to support and people are elected under the inﬂuence of perpetuate their oppressive rule. Source: Farid Abdel Khaleq, in Arabic, 1998, 47 This underlines the importance of estab- and private rights for non-Muslims and Mus- lishing political freedom in the public space lims alike, including the right to hold public and promoting enlightened explanations of ofﬁce (Muhammad Selim al-Awwa, in Arabic, Islam much more widely, as mutually support- 1998, 58-59, 72). ive pillars of freedom and good governance in Even in the Prophet’s saying (hadith) on Arab countries.

BOX 2-5 Ayatollah al-Mohaqiq al-Naeeny: An Opinion Concerning Conditionality or Constitutionality The conduct of the ruler is bounded by the That is why we of the Imamiyya school tor and call to account the persons in charge limitations of his prerogatives … it is condi- of thought consider virtuousness a condition of the nation so as to ensure that there is no tioned not to exceed them, the people are of power; it is the highest imaginable degree excess or waste. They are the representatives his partners in all that concerns the destiny of loyalty to one’s charge and a safeguard and spokespersons of the nation, the embodi- of the country to which they all belong on an against tyranny and subservience to one’s ment of its learned power. The people’s as- equal footing Those in charge are but loyal desires. The most that can be reached as a sembly is but the official council composed of trust bearers of the people, not owners nor natural, human substitute for such a virtuous these persons. Their functions of supervising, servants. Like other trust bearers, they are re- custody – even by imposition – is a solution calling to account, maintaining the limitations sponsible to each and every individual of the that is an approximation, a shadow of that of power to prevent it from becoming abso- nation, they are accountable for any trespass perfect image. lute, can only be performed if all the state they commit, and every single person has the Such a solution depends on two matters: employees – as the country’s executive power right to question and to object in an environ- a constitution that fully contains the above- – are under the supervision of that body, ment of security and freedom, without being mentioned limitations, so as to differentiate which is in turn responsible to each and every bound by the Sultan’s will or preferences. between the functions that the Sultan is com- member of the nation. Power of this kind is known as limited, mitted to perform, and those wherein he has Both the Sunni and Ja’afari doctrines bound, just, conditioned, accountable, no right to intervene or act. The constitution justify the legitimacy of the supervisory constitutional; the reason for so naming it is must also state how such functions are to be function of the nation’s representatives and obvious, and the person in charge of such performed, to what degree the Sultan may their right to intervene in matters of politics. power is called a protector and a guardian, a rule, the freedom of the nation and the rights According to the former, wherein matters are dispenser of justice, the responsible, the just. of its different groups and classes in a way entrusted to decision-makers, election of rep- The nation enjoying such bounty is known as a that is concomitant with the rulings of the resentatives achieves the desired purpose and nation that is worthy of reward in the hereaf- doctrine and the requirements of law. In such nothing else is required to confer legitimacy. ter, a nation proud, free and vital; the reason a case, to exceed those functions and to put According to our own doctrine, we believe for such attributes is also clear! the trust to waste would be a betrayal – like all that matters and politics of the nation are the This type of power is based on responsi- kinds of betrayal of confidence – necessitating responsibility of the public representatives, bility and honesty; that is why, like all other removal from power, officially and forever, the desired legitimacy requires only that the responsibilities and honest charges it is con- with all the sanctions entailed by betrayal. elected body be composed of just people who ditioned by the absence of excess and bound Scrutiny and accountability are neces- strive to interpret or who have been entrusted by the absence of waste. The one element that sary. These functions are to be entrusted to a to act. To correct expressed opinions and to preserves this type of power and prevents it body composed of the wise and learned mem- approve their implementation is sufficient to from turning into absolute power and from bers of the nation, experts in international confer legitimacy upon the supervisory func- excesses is supervision, accountability and rights, well versed in the requirements and tion of the body of representatives. full responsibility. characteristics of the age. They are to moni- Source: Al-Mohaqiq al- Naeeny, in Arabic, 1909

4 For example: Hisham ibn Arwa related on the authority of Abu Salih who had it from Abu Hurayra that the Messenger of God, said, “Others will rule you after me. The pious will rule you piously and the impious impiously. Hearken to them and obey them in all that accords with the Truth. If they do good, the credit will be yours and theirs, and if they do bad, the credit will be yours and the discredit theirs.” (Ali ibn Muhammad Habib al-Basri al-Mawardi, in Arabic, 1983, 5).

70 ARAB HUMAN DEVELOPMENT REPORT 2004 DEMOCRACY AND THE ARAB REGION: THE TRAP OF THE ONE- BOX 2-6 Boasting about human rights while destroying them OFF ELECTION In the 1980s, there was an Arab country gitimacy, acceptance, and collaboration. that was able to make rapid strides on This regime however duped civil society, The “trap of the one-off election” refers to the road to democracy. It was striving causing a deep split between those naïve a ploy used in relation to Islamic societies to to achieve a society without great dispari- enough to believe promises whose emp- alarm those apprehensive about the accession ties, and it did not suffer from any great tiness became daily more apparent and class differences. It was characterized those who refused to continue to col- to power of fundamentalist Islamic groups. It by a civil society that included a strong laborate with the regime that was fast has also been cited to justify foreign interfer- human-rights movement, promising transforming itself into a police state. ence to prop up authoritarian Arab regimes. It young opposition parties and a bold, re- More dangerous still, this regime is contended that opening up the public sphere sponsible press. started a wide destructive operation However, developments during the against democracy and human rights to all societal forces - among the most active of last decade have brought this country concealed by cosmetics. At time when which is the Islamic movement - will end with under scrutiny by Arab and international torture was common practice, the regime these forces assuming power, followed by op- human rights movements and it has re- was posting up the Universal Declaration peatedly been condemned for its use in police stations. Even as it moved to pression, such that democratic competition be- of torture, unfair trials, persecution of muzzle the press, it claimed that it sup- comes history after the one and only election. human rights activists, denial of freedom ported freedom of opinion. And as it Fear of this “trap” is undoubtedly real, and in- of opinion, and fraudulent elections. undercut popular freedoms by interfer- deed finds some justification in contemporary The importance of this situation does ing at times in elections, it would speak not derive from the gravity of the abuses, fulsomely about the sovereignty of the Arab experience. For this reason, some schools for, by comparison with what occurs in people. of thought and some political forces in Arab other Arab countries, they are less sig- Arab and international organizations countries have opposed the freedom of Islamic niﬁcant numerically and result in essence have published dozens of reports criticiz- from the regime’s successful destruction ing the regime. They emphasize not only political movements to organize publicly, fear- of the opposition. What is striking is that such abuses but also the regime’s facade ing that, if these forces ever came to power some democrats, following the regime’s of democracy and human rights now through elections, that would put an end to cosmetic adoption of their programmes, manifest to all. any chances for peaceful political alternation. accorded it, at the outset, a degree of le- In line with the previous discussion on de- THE IMPORTANCE OF THE mocracy and religion, we believe that the best HUMAN RIGHTS SYSTEM insurance against this risk is to strengthen constitutional principles and clauses to safeguard The human rights system enjoys worldwide re- society from abuses of majority power, and to spect to an unprecedented degree - a respect secure at the outset the commitment of all po- that has grown steadily, especially as the con- litical movements to respect those measures. cept of human rights has advanced over the years to comprise increasingly comprehensive FREEDOM AND HUMAN RIGHTS standards for human well-being. Strengthening and protecting human rights Freedom is a human being’s primary right. It has thus become a deﬁning quest of our time. is a right conferred at birth, and because of This quest gains additional legitimacy, and this all human beings possess this right on an equal footing. This primary human right is the BOX 2-7 foundation on which human rights as a whole Declaration on the Right to Development Adopted by General are built. Assembly Resolution 41/128 of 4 December 1986(excerpts) The human rights system in its present Recalling the right of peoples to self-de- and political development, in which all form developed through a number of stages termination, by virtue of which they have human rights and fundamental freedoms and expanded to ever wider spheres, to the the right freely to determine their politi- can be fully realized. point where international human rights law cal status and to pursue their economic, 2. The human right to development also social and cultural development. implies the full realization of the right is virtually a reference framework for human of peoples to self-determination, which development and a criterion by which to judge Article 1 includes, subject to the relevant provi- the quality of life in societies. 1. The right to development is an inal- sions of both International Covenants ienable human right by virtue of which on Human Rights, the exercise of their every human person and all peoples are inalienable right to full sovereignty over entitled to participate in, contribute to, all their natural wealth and resources. and enjoy economic, social, cultural

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 71 is the more urgent, in those developing coun- organizations are engaged in promoting the tries where human rights are seriously violated rights of vulnerable groups such as children, even as the peoples of these societies aspire to women and minorities. a better and more humane life. Respect for The relationship between human rights human rights has now become a key compo- and human development was underlined in nent in defining the concept of Arab human the first AHDR (Chapter One). Put simply, development and freedom. the two reinforce each other and their com- In contemporary jurisprudence human mon denominator is human freedom. Human Respect for human rights constitute the collection of rights in- development, by enhancing people’s capabili- rights has now corporated in international agreements and ties, gives them the ability to exercise freedom. treaties that guarantee all people, irrespective Human rights, by providing the necessary become a key of their nationality, ethnicity, language, sex, re- legal framework, guarantee the opportunity component in defining ligion, ideology and abilities, the fundamental to exercise that freedom. This instrumental rights to which they are entitled by virtue of relationship defines the renaissance movement the concept of Arab being human. The importance of the human advanced through these Reports and under- human development. rights system is that it guarantees the individ- standing it is crucial for Arab countries where ual a collection of rights that cannot be surren- first, the human rights situation is deteriorating dered. Human rights codified in international and may well grow worse, and second, work to covenants and laws transcend national regula- promote and safeguard human rights is as yet tion and practices. They constitute supreme under-developed. standards of a compelling legal nature against The latter situation can be attributed to which other regulations and practices may several factors. First, awareness of human be weighed. The contemporary international rights principles is limited; such rights are not legal regulation of human rights originates in deeply rooted in the Arab cultural environ- the Universal Declaration of Human Rights ment. Second, civil society is generally weak; (UDHR) adopted by the UN General Assem- and third, human rights organizations, such bly in 1948. However, such rights are the com- as the Arab Organization for Human Rights mon inheritance of humanity and can be traced and the Arab Institute for Human Rights, are back to the religious and cultural norms, values relatively new, with limited popular support and practices of many societies. and resources. Human rights are generally classified into two groups, civil and political rights, and INTERNATIONAL HUMAN RIGHTS economic and social rights. The first group LAW Human rights includes freedom of opinion and expression, religious freedom, freedom of assembly and as- Perhaps no international document enjoys as and human sociation, the right to form political parties, the much consensus as the Universal Declaration of development… right of participation in public decision-mak- Human Rights. The UDHR starts by affirming ing and the right to self-determination, among that “recognition of the inherent dignity and reinforce each other others. This group also covers legal rights such of the equal and inalienable rights of all mem- and their common as equality before the law, the right to trial and bers of the human family is the foundation of defence, the right to presumption of innocence freedom, justice and peace in the world”; and, denominator is human and impartial due process. Civil rights further in adopting the Declaration, the UN General freedom. uphold the independence of the judiciary and Assembly proclaimed it “a common standard the right to protection from torture. of achievement for all peoples and all nations,” Economic and social rights include the (integral text, Annex 3) individual’s right to work, education, health The UDHR came about following the care, adequate housing and to join a trade recognition of four international agreements, union. In addition, a new generation of col- concerning slavery (1926), forced labour lective rights has emerged relating to the (1930), freedom to join unions and protection right to development and the right to a clean of the right to union organization (1948), and environment. Moreover, several international prohibition of the crime of genocide (1948).

72 ARAB HUMAN DEVELOPMENT REPORT 2004 The Declaration stimulated a growing body of ments were deﬁned more comprehensively and international standards that seek to strengthen in greater detail. At the core of and protect human rights. From the date of But at the core of international accords on international its adoption through to 1986, more than 60 human rights remains what is termed the Inter- international human rights standards were national Bill of Human Rights, (IBHR) consist- accords on human developed, covering the range of declara- ing of the UDHR, the International Covenant rights remains the tions, conventions and protocols as well as UN on Economic, Social, and Cultural Rights General Assembly resolutions. Over time, in- (ICESCR), and the International Covenant on International Bill on ternational human rights treaties became more Civil and Political Rights (ICCPR), concluded Human Rights. focused and specialized concerning both the in 1966, as well as the Optional Protocols. issue addressed and the social group(s) identi- International human rights law, or the ﬁed as requiring protection; thus, such docu- IBHR in its widest sense, embraces not only

BOX 2-8 Muhammad Shahrour: A Word About Freedom

Sometimes words fall short of expressing one’s cause a free human being makes a free nation, what is good and forbidding wrong” (AI-Imran, intention, of explaining an emotion or a mean- not the opposite. 104), and went so far as to consider the latter ing or of defining something that one feels but Freedom for me is destiny and divine de- as coming before faith in God by saying: “You cannot describe. Language, as a spoken, heard, cree; destiny is what the Almighty explained by were the best nation given unto people, enjoin- written and read instrument for human com- saying “We have created all things as they were ing what is right, forbidding wrong and having munication and for the transfer of knowledge, destined to be” (Al-Qamar, 49), divine decree faith in God”. (Al-Imran, 110). more easily describes material objects. No two is a human being’s ability to deal voluntarily In the light of knowledge prevailing today, persons will disagree in defining dress or table with what was decreed, the relation between the little reflection is required to see that the for example. It is however not as efficient in the two is knowledge. The greater a human being’s Qur’anic verse refers to supervisory groups over area of abstract things and meanings. The rea- knowledge with what was decreed, the wider the which the State has no power. These are groups son, as I see it, is simple. Language is a container margin of his freedom to deal with what is. That that enjoy freedom of expression and opinion and a container, however large, is limited, while is why I consider the spreading of education and within a framework of free information, freely meaning is absolute and infinite, however nar- knowledge as a first priority in preparing a free supervising and regulating freedoms in society row or small; never will the limited contain the individual, for he who knows nothing, chooses in general and, in particular, those of the ruling absolute, nor can the infinite be stuffed into the nothing. power, at the level of thought as well as at the finite; the equation is basically impossible! Free- There are limits to freedom that regulate political and economic levels. dom – like a multi-faceted polished diamond and control it, be it at the level of the individual, But still we see some Muslim Arabs who – represents the most outstanding of those dif- society or the ruling power. If an individual understand freedom as being solely the opposite ficult to describe and define abstracts. For the exceeds the limits of his freedom, he falls into of slavery. We sometimes see Arab and Islamic Greek Aesop, freedom means liberation from chaos (the freedom of your finger ends where thought governed by the principle that “a Sultan slavery, for Schopenhauer it means liberation the freedom of the other person’s eye begins). feared by his subjects is better than a Sultan who in the Sufi sense – of the fetters of earthly flesh, If society exceeds these limits, it becomes oc- fears his subjects”, and by the principle that “an only achieved through death, a meaning shared cupied and colonized; if the ruling power does informative consultative opinion is not one that by the Egyptian poet Salah Jahin who says in one so, then it is repression and tyranny; even if that is binding”. We see that ordaining what is good of his quatrains: power is a paragon of faith and morality and and prohibiting what is evil can lead to an insti- The ducks have lifted to cross deserts and seas came to power by a legitimate and democratic tution ruled by the State, one whose sole task Oh how I wish to go, to roam with birds and process, since it controls money, weapons, the is to consecrate what was and what is (the sta- bees media and the fora of science and learning. The tus quo), one that sees in “tomorrow” an image Please God, by all that’s dear, when I die one day situation is even worse if the rulers have not of “yesterday” and to whom ordaining what is Send me not to heaven, it too has locks and keys! come to power through a democratic process! good means no more than herding people to Therefore, he who says that freedom is de- Napoleon said: “Injustice is inherent in the soul, prayers with a stick. And we see educational velopment is right, he who says that it is some- only power brings it to the surface”, and the curricula established on the basis of dictating thing within a human being that pushes him to Arab poet said: knowledge, thus killing creativity and producing refuse oppression, repression and tyranny is also “Injustice is one of the soul’s realities people who are educated but who have no opin- right. If a virtuous man you find ion of their own, who will obey the ruler were Freedom, in my view, is choice and the ca- He may be just, but for a cause unknown”. he to beat them or take away their money. Yet pacity to make a choice. A human being’s capac- They both meant absolute freedom that ex- even when all of this prevails, you will still find ity to choose his actions is what differentiates ceeds its limits, rather than injustice since prac- freedom firmly rooted in the collective psyche him from angels (“they do what they are ordered ticing freedom requires constant observation of the Arabs and Muslims. I say: Give me one to do”), without it, accountability on judgment and control at the level of the individual of the single individual who understands freedom and day has no meaning. That is why I have reserva- community in general and of the ruler in par- believes in it, I shall then give you a community tions when I hear someone say: “An individual ticular. The Almighty said: “Let there be from where there is no place for a tyrannical ruler. can only be free in a free society/nation”, be- among you a nation that calls for good, enjoining

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 73 all the above core instruments but also treaties, THE APPLICABILITY OF conventions, declarations, codes and princi- INTERNATIONAL HUMAN RIGHTS The encounter ples, which deepen and elaborate the elements LAW TO ARAB COUNTRIES of the IBHR. Among the notable additional between the global constituents of international human rights law In many developing countries, the question of and the particular is are the following instruments: The Convention whether a global or a local approach to vari- against Torture and Other Cruel, Inhuman or ous aspects of life is more appropriate is often especially sensitive Degrading Treatment or Punishment (CAT), a controversial issue. Human rights are no ex- when it comes to The Convention on the Elimination of All ception. In general, we incline towards the local Forms of Racial Discrimination (CERD), The or the particular, a context that is conducive to human rights. Convention on The Elimination of All Forms supporting and encouraging an Arab identity, Of Discrimination against Women (CEDAW), but with the caveat that we should not isolate The Convention on the Rights of the Child ourselves or ignore the global environment of (CRC), and the International Convention on which we are a part. In other words, we sup- the Protection of the Rights of All Migrant port taking the local or particular approach in Workers and Members of Their Families. the context of a creative interaction with the achievements of human civilization, within the BOX 2-9 The Pact of the Virtuous (Hilf al-fudul) framework of a project to stimulate an Arab renaissance. Yet the encounter between the The first public treaty on human rights, Islam, I would respond, [honouring it].” the Pact of the Virtuous5 was concluded The content of this pact, as transmitted global and the particular is especially sensitive by Arab tribes sometime around 590 by ‘Ibn Hisham’ from ‘Ibn Ishaq’, was as when it comes to human rights. AD. The purpose was to defend any in- follows: “They agreed on and concluded It is regrettable that in Arab countries dividual who had suffered injustice at the this pact that said that any individual in ‘specificity’ is frequently raised with the aim hands of another, regardless of the origin Mecca, whether a native of Mecca or or position of either individual, until the someone from elsewhere, would receive of weakening international human rights law. wrongdoing was stopped and the wrong their support; they would stand with Nevertheless we remain hopeful that consid- redressed. The Pact had been preceded him until the one who had wronged erations of Arab specificity will combine with by numerous treaties among the Arab him gave him redress for the injustice.” universal human rights to enrich international tribes, especially those of Mecca, which They named it the Pact of the Virtuous had set up mutual assistance schemes to “because they made a pact that rights be human rights law from an Arab perspective, help the needy. honoured, and in order that a wrongdoer rather than to detract from it. This Pact was ratified twenty years not assail or be victorious over one who Human rights constitute a universal or before God made Muhammad His Mes- had been wronged.” It is said also that global issue par excellence. After all, specific senger. The Messenger of God witnessed it resembled a pact that was ratified by rights are assigned to a person purely because its ratification, and later said of it: “I “Jurhum” in earlier times in which three witnessed in the house of ‘Abdallah ibn of its men made an accord: ‘al-Fadl ibn s/he is a human being, without regard to any Jad’an the making of a pact dearer to me Fadala’, ‘al-Fadl ibn Wadi’, and ‘al-Fadil special characteristics, because equality is the than the most abundant material bless- ibn al-Harith’, and it became known as basic principle that organizes the concept of 6 ings. If someone were to invoke it under the Pact of the Fadls human rights. Some however maintain that ap- Source: Ahmed Sidqi al-Dajani, in Arabic, 1988, 19-20. plying existing universal definitions of human rights principles as embodied in international BOX 2-10 Human rights: universality and specificity human rights law is unacceptable since these definitions were not shaped as a result of ef- The General Assembly session on the and with the same emphasis. While the Millennium, resulting from the World significance of national and regional fective participation of all countries as equal Conference on Human Rights held in particularities and various historical, partners in the endeavour. Rather, Western Vienna on 25 June 1993, agreed that: cultural and religious backgrounds must industrial countries held the upper hand in All human rights are universal, be borne in mind, it is the duty of states, their development. indivisible and interdependent and in- regardless of their political, economic terrelated. The international community and cultural systems, to promote and The UDHR was formulated immediately must treat human rights globally in a fair protect all human rights and fundamen- after the end of the Second World War under and equal manner, on the same footing, tal freedoms. the aegis of the UN, which was dominated by the five permanent members of the Security Source: Office of the United Nations High Commissioner for Human Rights, in Arabic, 2002, 61 Council. Up to the time when the two fun-

5 This has also been translated as “the Alliance of Excellence.” 6 fadl, pl. fudul: virtue, favour, kindness, excellence, superiority.

74 ARAB HUMAN DEVELOPMENT REPORT 2004 damental international instruments of 1966 BOX 2-11 were in final form, only a small number of The Contribution of Arab States to the Universal Declaration of developing countries were members of the UN Human Rights and the Two International Covenants — and their influence was extremely limited. Omar Lutfi, Mahmoud ‘Azmi (both be explicitly guaranteed in both Cov- Some objectors observe that the representa- Egyptian) and Charles Malik (Lebanese) enants at a time when such a provision tion of developing countries in the UN came were all involved in the different stages in was not favoured by several Western and about, in any case, through national élites who the preparation of the Universal Declara- other states. In the first drafts of the Cov- were not the most reliable representatives of tion of Human Rights. enants gender equality was absent. Afnan Omar Lutfi was responsible (despite objected and fought for the inclusion their people. Thus, the argument goes, the opposition by some powerful states) of the present article 3 (ICCPR): “The circumstances surrounding the formation of for the inclusion of what Susan Waltz States Parties to the present Covenant human rights principles ensured that these considers to be the strongest statement undertake to ensure the equal rights of instruments reflected Western values, values on universality, contained in article 2, men and women to the enjoyment of all paragraph 2: civil and political rights set forth in the that were hegemonic with respect to the inter- “No distinction shall be made on present Covenant.” national order especially at the time when the the basis of the political, jurisdictional or Arab states, notably Syria and Saudi UDHR was formulated. In this view, the In- international status of the country or ter- Arabia led the movement to include the ternational Bill of Human Rights contained the ritory to which a person belongs, whether right to self-determination in the legally seeds of contradiction between certain cultural it be independent, trust, non-self-gov- binding Covenants. erning or under any other limitation of In the long-standing debates on the values prevailing in different regions of the sovereignty.” development of the two Covenants both world, and the particularities of these regions Throughout the 20-year process of Egypt and Syria are on record as support- and the aspirations of their peoples. developing the Universal Declaration of ing effective measures of implementa- Yet this point of view underestimates the Human Rights and the two Covenants, tion. Syria proposed a UN investigation at no stage did any Arab state withdraw mechanism, and Egypt supported the extent of the Arab contribution, whether on from the debate. rights of individuals, groups and non- the part of the Arab states that actively and The two Covenants were adopted governmental organizations to refer com- effectively participated in debates on the sub- at the General Assembly by unanimous plaints of human rights violations directly stantive elements of human rights standards, vote. Arab states participating at the time to the UN. In 1950, for example, the or in the persons of distinguished Arab experts were: Algeria, Iraq, Jordan, Libya, Mau- Egyptian representative stated that the ritania, Morocco, Saudi Arabia, Somalia, delegation of Egypt was “ready to accept who helped shape international human rights Syria, Tunisia, the United Arab Republic the establishment of a permanent human law. (Egypt) and Yemen. rights committee, a court to sanction the In any case, the Arab world remains in In the development of the two Cov- committee’s findings, or any other provi- need of an Arab Bill of Human Rights that enants Badia Afnan, representing Iraq, sion that might seem necessary”. was insistent that gender equality should is acceptable to all in the region and that can Source: Susan Waltz, 2004 draw on the values of the Arab-Islamic culture. This effort to assimilate both dimensions is all discrimination against women (for example, on the more urgent in light of the cultural par- inheritance) and minorities (for instance, ac- ticularities of Arab societies and because of ceding to the position of Head of State). Some the complex and problematic nature of human argue that international human rights law and rights in this part of the world. Islam can be harmonized only by applying the Some think that it is crucial to acknowl- logic of ijtihad (interpretive reasoning) starting edge a disparity between human rights princi- from the principle of the welfare of the Muslim The Arab world ples, according to international human rights nation, even if this transcends the current logic law, and traditional interpretations of Islamic of jurisprudence (fiqh). In fact some such in- remains in need of an law (Shari’a) in some areas, such as capital terpretations have already established congru- Arab Bill of Human punishment, total equality between men and ence between international human rights law women, and the treatment of religious minori- and Islamic law. Rights. ties. International law considers the right to It may be appropriate to work towards life the premier civil right; hence the global a concept of human rights in the Arab con- human rights movement seeks abolition of the text, that respects international human rights death penalty, and pending abolition, seeks law in its entirety, while recognizing the Arab to set in place stringent limits. Likewise, the national identity and its aspirations as an his- principle of complete gender equality means torical legacy of critical importance in defining that international human rights law prohibits Arab reality, and in shaping the Arab future.

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 75 Foremost among the rights of the Arab There was an important initiative to adapt people is the legitimate desire to achieve international human rights law in order to ar- such goals as national liberation and self-derive at an Arab Human Rights Charter. The termination, unity, human development, and document in question is the Draft Charter for national security. These are intersecting goals Human Rights in the Arab Homeland, the that a project for an Arab renaissance must outcome of a conference of Arab experts held regard as necessarily integrated within a firmly at the International Institute of Higher Studies The goals of national conceived structure. The goals of national lib- in Criminal Sciences in Siracusa, Italy, in 1986 liberation and self- eration and self-determination lead directly to (Mahmud Cherif Bassiouni et. al., in Arabic, that of liberating Arab territory--and liberating 1989). determination lead the agency of the Arab people. Specifically This draft was based on the idea of Arab directly to that of this means obtaining the guaranteed right of specificity, represented as an ideological foun- the people to determine what political forms dation governed by the general framework of liberating Arab and entities will constitute the Arab region; to the Shari’a, but within the framework of the territory. conceive and achieve a desired cultural, social, global human rights movement. Its origina- political and economic blueprint for the home- tors took as their mandate the formulation of land; and to formulate the means by which this a Charter that would represent the situation of can be achieved. This goal includes the specific the Arab people in today’s global context. This guarantee of effective popular participation in is apparent in the nomenclature adopted. The determining people’s futures, with the caveat draft organizes rights on the basis of a perspec- that addressing these demands should not in tive that sees people as individuals first, mem- any way conflict with the global human rights bers of society second, then thirdly as members system. of a political entity, and finally as Arabs belonging to the larger homeland (watan). Thus, BOX 2-12 the draft provides for civil rights, followed by Haytham Manna’a: The Books of Tribulations social, political, and cultural rights, and then The books of tribulations and ordeals Arab Mohammad Ibn Ahmad Ibn political rights, concluding with the collective were the first expression of the suffering Tamim Al Tamimi, verified by Dr. Yehia rights of the Arab people. Beyond this, the entailed by affiliation to a religion, doc- Wahib al Jabbouri in 1983, is the best trine or political opposition party. They illustration of this important phenom- draft made considerable advances with respect followed a methodology born of the era enon, wherein he identified 48 books to human rights on the global level in that it to which they belonged, which differs on tribulations and ordeals. He goes to included elements of a “third generation” of from contemporary approaches. Some- considerable lengths to introduce the human rights, such as the right to a just distri- times their topic was general, so that the book, and explain its style and purpose. book included political assassination, What is important in his writing this bution of income. pursuit, arrest, abduction, murder and comprehensive book of almost 500 pages The rights included in that draft framework physical or psychological injury. Other is that Abul Arab himself experienced form an integrated platform of interlocking books would deal solely with those who imprisonment, fear and threats. Here he and coherent elements. They also constitute were killed and not touch on imprison- explains his purpose in writing the book: ment or injury. “I speak hereafter of those who suffered an Arab concept of development, as their ele- There were also books that dealt from among the best of the nation, men ments provide criteria for judging the progress exclusively with certain families, such of learning and noble men, those who of human development in Arab countries, over as “The Victims of Murder Among the were imprisoned, beaten, threatened time and across geographical space. Elements Talibites” by Abul Farag al-Asfahany, or were tried in other ways. It is meant of this concept can be divided into two parts: which he devoted to the descendants of as a consolation for those who have un- Ali Ibn Abi Talib who were murdered. dergone the same ordeals as the virtuous the first global and the second devoted to the Other works dealt with famous person- men of the early days of this nation.” This specific characteristics of the Arab region alities and descendants of the Prophet explanation is to be found in most books (Nader Fergany, in Arabic, 1992, 55-58). (or nobles), while some researchers con- on tribulations that suggest, in more A similar approach is to be found in the centrated on poets, prophets or doctors. ways than one, that the best of the best Some devoted a whole book to one single are those who suffer the most. For their report of a group of Arab experts mandated to case, such as Imam Ali Ibn Abi Talib and authors, such books go beyond merely review an updated draft of the Arab Charter his son, Hussein, or Ahmed Ibn Hanbal relating history or giving information, for Human Rights, (Annex 2) under the aus- (for example, we have found six books they serve to sow the seeds of a culture of pices of the Arab League. on the ordeal of Ibn Hanbal). resistance and opposition to injustice and While the updated draft of the Charter The book on tribulation by Abul arbitrary treatment. corrects many of the defects contained in the

76 ARAB HUMAN DEVELOPMENT REPORT 2004 previous version, it still falls short of providing BOX 2-13 for the comprehensive protections contained in Freedom and Emancipation international human rights law, particularly of freedom of expression, belief and association. “To be free is nothing, to become free is heaven itself”. Fichte It also omits specific texts on the elimination of all forms of discrimination against women care about the future of the Arab region must and the rights of the child. The revised Charter strive to avert. further contains provisions to be defined by If the Arab people are to have true socie- the law, which could allow laws to be used to ties of freedom and good governance, they will Persisting tendencies curtail freedoms in Arab countries. need to be socially innovative. Their challenge in Arab social is to create a viable mode of transition from THE CHALLENGE OF PEACEFUL a situation where liberty is curtailed and op- structures could well TRANSITION TO A SOCIETY pression the rule to one of freedom and good lead to spiralling OF FREEDOM AND GOOD governance that minimises social upheaval and GOVERNANCE IN THE ARAB human costs, to the fullest extent possible,. social, economic and COUNTRIES History will judge this a transcendent achieve- political crises. ment through which the region finally attained Chapter One describes free societies, in their its well-deserved freedom. normative dimension, as fundamental con- This challenge concerns, first and fore- trasts with present-day Arab countries. The most, the intellectual and political vanguards enormous gap that separates today’s reality of the region, those who have until now seem- and what many in the region hope for, is a ingly neglected to take up their societal role source of widespread frustration and despair as the conscience and leaders of the nation, among Arabs about their countries’ prospects hesitating to play their inescapable part in for a peaceful transition to societies enjoying steering their people towards human progress. freedom and good governance. Moreover, Facing this challenge squarely requires a new persisting tendencies in Arab social structures kind of thought and a new discourse consistent could well lead to spiralling social, economic, with that thought. For, to cast off oppression and political crises. Each further stage of crisis requires a new language far removed from the would impose itself as a new reality, producing vocabulary of oppression and the moulds into injustices eventually beyond control. which it forces reality. It also demands innova- This challenge Moreover, the Arab societal environment tive societal action. concerns, first persistently reinforces individual inertia and The foregoing discussion indicates the resistance to change insofar as progress toward falsity of claims that Arab culture and freedom and foremost, the freedom and good governance would inevita- are incompatible. Impediments to freedom intellectual and bly harm the interests of the minority that at do exist in the Arab reality and in the global present influences the shape of things to come and regional coutext, but these are not insur- political vanguards of in Arab countries. mountable. the region. Another concern relates to the many vic- We hope that the coming pages offer new tims of injustice who are denied peaceful and beginnings for moving purposefully and peace- effective political means to seek redress. This fully in these directions. denial could become an invitation to resort to social conflict and perhaps violence. When the prospects of effective political action in Arab countries are foreclosed, this is effective warn- ing of a period of social strife that could well BOX 2-14 prove destructive. While some believe that vio- Timing the call for freedom lence may be historically necessary to change a “It seems that the poems and the songs of protest and liberation are always too late or reality that has long suppressed the capabilities too early: memory or dream. Their time is not the present; they preserve their truth in of these countries, freedom could well be its their hope, in their refusal of the actual”. Herbert Marcuse (1969) first victim. This is a fate that all of those who

FREEDOM AND GOVERNANCE IN ARAB COUNTRIES AT THE BEGINNING OF THE THIRD MILLENNIUM: SOME PROBLEMATIC ISSUES 77 Part II

Part II: Reinforcing Freedom and Establishing Good Governance

Section 2: The State of Freedom and Governance in Arab Countries

This section presents a brief assessment of the state of freedom and governance in the Arab countries at the beginning of the third millennium.

CHAPTER THREE The State of Freedoms and Rights

Introduction BOX 3-1 This chapter attempts a response to the ques- Ali Ibn Al Hussein: The Epistle on Rights tion posed in Chapter One about how far the Imam Ali Ibn Al Hussein, who died in positive concept of rights appeared with current Arab situation corresponds to the the year 95 of the Hijra, wrote this let- the European Age of Enlightenment and ideal of freedom and good governance. It ter in the early 8th century A.D., the last the rise of the concept of natural rights third of the first century of the Hijra. To which gave back to all human beings provides a summary account of the violations our knowledge, it is the first epistle that incontrovertible rights which they are of civil and political rights and freedoms in sets out the main rights as perceived by meant to enjoy as a gift of God or of Na- Arab countries at the beginning of the 21st the age and the first attempt that does ture. Modern international studies how- century. The chapter next diagnoses the fail- not approach the concept of rights in its ever, indicate that the concept preceded ure to realize social and economic rights in a negative dimension. For the concept of European civilization and took several a ‘right’, as we know, came into human forms, some resulting from a direct human development perspective, in terms of cultures to confine entitlements to one conflict between presumptive knowledge the acquisition and employment of human race, or one group, or a circle of close and religious knowledge, others from at- capabilities. It concludes with the findings of family, or members of a given faith or tempts to reconcile the two. the Freedom survey, which was an integral a given nation. In this sense, it led to The epistle goes on to list these discrimination, for example, between rights (50 of them) methodically. They input in preparing this Report. The survey men and women, kin and strangers, are, in spirit, anchored to the early Is- samples public opinion in five Arab coun- citizens and aliens, believers and athe- lamic precepts. tries on the components of people’s concept ists, etc. The prevailing view was that the of freedom and on how far those components Source: Haytham Manna’a, based on Abu Muhammad al Hassan Ibn Ali Ibn al Hussein Ibn Shuba al-Harrani (al- of freedom were enjoyed by the public at the Halabi), in Arabic, 4th century A.H., 184). time of the survey. It also asked respondents participate in the range of activities that make to assess changes in the level of such enjoy- up the public sphere. Freedom is limited only ment over the previous five years. in the framework of public order, which all citizens participate in shaping. Yet this classifi- FREEDOMS AND HUMAN RIGHTS cation is open to the criticism that it subdivides freedom, whereas it is of the nature of freedom While it is customary to classify human rights, that it cannot be divided. To restrict any part Where basic rights are including freedom, according to the categories of it would be to negate its dynamic essence not assured, such as set out in Chapter 1, they are complementary, and its potential for development. Similarly, interrelated, unlimited and mutually reinforc- where even basic rights are not assured, such as the right to life and ing, forming an indivisible whole. the right to life and personal security, freedom personal security, When discussing freedom and human is bound to remain theoretical. rights, or the self and society, the most widely Yet however we classify rights and freedom is bound to used classification is that between individual freedoms, the level to which they are actually remain theoretical. and collective freedoms, i.e. private and public enjoyed in Arab countries remains poor, with freedoms. Individual freedoms exercised in some variations, as a result of complex defects, the private sphere include freedom of thought discussed briefly below. and belief among others. Individual and collective freedoms exercised in the public sphere include freedom of opinion and expression, freedom of peaceful assembly, freedom to form associations and parties, and freedom to

THE STATE OF FREEDOMS AND RIGHTS 81 STRUCTURAL CONSTRAINTS ON referendum (despite the obvious reservations FREEDOM as to the credibility of the results) drafted in such a way as to preclude any discussion. In any event, Arab states were often strangers Flawed structure of Arab nation-states to their environment from birth and, with a few exceptions, promulgated constitutions Arab nation-states, particularly those of the without extensive participation of the people Mashriq, took shape, in most cases, under the concerned, even though most constitutions pressure of historical events on which the will declare that the sovereignty of the state rests of Arabs themselves had very little effect. The with the people or the nation. people were not the source of sovereignty. As As a consequence of the weak notion of po- the Ottoman Empire began to collapse, for- litical contract in Arab societies, the principle Citizen participation in eign economic interests were able, under the of constitutional legitimacy is similarly fragile, Sykes-Picot Agreement, to divide up the Arab government is weak. especially in all that relates to the requirement region into states without taking the interests that laws, institutions and people must respect of the peoples of that region into account, and the constitution as a binding document, as well regardless of their relationship to the land in as the provisions it contains. Worse, citizen which they lived. This created pockets of ten- participation in government is weak. Feeble sion within the borders of most Arab coun- electoral mechanisms, and marginalized leg- tries, especially in the Mashriq. Nor was the islative assemblies, which tend to be tools will of the people heeded in the establishment of the executive power, as epitomised in the of political systems. The social contract was ar- person of the Head of State, account for this bitrary and devoid of legitimacy. In Arab coun- low participation. Consequently, since the law tries, the notion of a “contract” in the political does not represent the sovereignty and power sphere is not commonly found. The majority of of the community, it is ineffectual as an author- the Arab people are persuaded that the politi- ity for structuring relations among people cal authority in place is their fate, is inevitable and between them and state power, and has and that there is nothing to be done to restrain not served as a tool for maintaining freedom. or change it. The modern Arab states as such Moreover, state power, especially where it suffer as a result of the way in which they came is corrupt, can manipulate the law to suit its about. They did not emerge from the collective interests, and through the means of coercion agency of the people, unlike nation-states in at its disposal, can efficiently create a situation the West, which developed their own political in which it cannot be challenged or held to ac- and constitutional way of life. count. As a result, the state based on the rule The Arab-Islamic heritage is one that of law, which guarantees human rights and values consultation and justice, but to under- freedom, has not come into being. stand the nature of Arab political power, it The state based on the is important to make a distinction between Political constraints on the authority of the religion and faith on the one side, and his- human rights system rule of law… has not tory on the other. While religion undoubtedly come into being. prized these values, history shows that they Acceptance of the legally valid nature of were not sufficiently prevalent in society to human rights, and enactment of human rights foster a culture based on a political contract, principles in the context of the nation-state by and allow for the legitimacy of differences of the nation-state, together determine whether opinion, dialogue and the transfer of power. It a State can be said to show a minimum of is significant that most Arab constitutions did respect for human freedom and human rights. not come about as a result of the kind of par- Civil and political rights are the cornerstones ticipatory process normally due. Most emerged of a system in which democracy and social jus- either as a consequence of the individual rul- tice, i.e. good governance in both its political er’s wishes, inscribed in a document bestowed and social aspects can be realized. on the people, or through a popular “yes-no” However, a number of serious obstacles prevent the Arab individual from benefiting

82 ARAB HUMAN DEVELOPMENT REPORT 2004 from this human rights system. In the first is, in the main, a prerogative of power, and place, the system presupposes that states enjoy the model citizen, in the view of the regime, sovereignty, and this is not the case with all is an unquestioning creature, not participating Arab states, as some remain subject to foreign in political life and, in particular, not asking occupation. In states that do enjoy sovereignty, questions or holding his rulers accountable. even if defective, the human rights system is Meanwhile, power in the domestic and private confronted by undemocratic regimes, which sphere is mostly a prerogative of the man, given Freedoms in Arab block the adoption of human rights in order the prevalence of paternalism, especially in the countries are to preserve the privileges which they enjoy at family, and the corresponding duty of obedi- the expense of their own peoples. Moreover, ence is incumbent upon women and children. threatened by two the system has had difficulty in accommodat- This produces, as a result, the model citizen as kinds of power: that ing an Arab cultural attribute of stasis under the regime wants her or him to be. repressive political regimes, social forces that In between these two spheres stand civil of undemocratic fear freedom, and entrenched traditions that society institutions, which originate in the de- regimes…and that preserve the tribal–based status quo and deny sire of citizens to express their views and their creativity. interests and activities freely. These institutions of tradition and Opportunities for the human rights system are the key to a free civil society that includes tribalism. to achieve its noble goals are also not enhanced all citizens. A citizen is good insofar as (s)he by the current state of global governance. The participates in all situations, and insofar as international order that allows a few countries (s)he asks questions and holds rulers account- to override the will of a majority of other na- able. Yet civil society institutions themselves tions and gives them the power to negate just are in conflict with the culture of violence and resolutions that run counter to their interests, oppression that the regime exploits to crush seriously undermines many of the principles on every dynamic initiative, targeting in particular which international law is based. free individuals who are active in the human All this has weakened the hope that peo- rights field. ple will be able to enjoy freedom, justice and Such challenges will be hard to overcome, peace. Nonetheless, the human rights system partly because of the inhibiting effect of in- remains a starting-point and an authority. De- ternalized constraints and partly because of spite the climate that limits its effectiveness, it national constraints that paralyse institutions nevertheless represents a gleam of hope. or divert them from their proper ends, owing to the absence of an overarching regional The crisis of citizenship structure. These constraints are exacerbated because of foreign occupation. The foreign What is the actual situation with respect to the civil and political freedoms of the ordinary occupation of Arab NATIONAL FREEDOM Arab individual, caught between official dec- countries brings the larations of principle that recognize some of The foreign occupation of Arab countries them and practical restrictions on the exercise pursuit of freedom brings the pursuit of freedom back to the ques- of most of them? Why does the ordinary good tion of liberation from foreign domination, an back to the question citizen not show more initiative? issue that the world left behind decades ago Even disregarding the factor of foreign of liberation from with the end of colonialism. Today, that issue intervention, freedoms in Arab countries are is almost entirely restricted to the Arab region foreign domination. threatened by two kinds of power: that of to the exclusion of others. undemocratic regimes oblivious to the welfare Arab countries under foreign occupation of their peoples, and that of tradition and trib- endure serious violations of human rights: The alism, sometimes under the cover of religion. Palestinian people are suffering under an Israeli These twin forces have combined to curtail occupation that seeks to displace them and freedoms and fundamental rights and have deny their legitimate, inalienable rights that are weakened the good citizen’s strength and abil- recognized in international law, including reso- ity to advance. Freedom in the public sphere lutions on the right of return for refugees, and

THE STATE OF FREEDOMS AND RIGHTS 83 the right to freely establish their own political CIVIL AND POLITICAL FREEDOMS system. The occupation also systematically vio- IN ARAB STATES The more ruthless lates all civil and political freedoms and denies censorship becomes, Palestinians the protection to which they are The official positions of Arab states on civil entitled under the Geneva Convention’s provi- and political freedoms vary depending on the the more the people sions for the Protection of Civilian Persons in democratic margins permitted. However, with resist. Time of War. some limited exceptions in some countries or Meanwhile the US-led occupation of Iraq some areas, the state of those freedoms ranges has created a tragic situation in Iraq, Part I. from deficient to seriously deficient.

Freedom of opinion, expression and BOX 3-2 creativity Marwan al-Barghouti (from his prison cell): I will overcome the cell and the occupiers An authoritarian regime fears, above all, that He was arrested on charges of resisting Al-Barghouti went on to become a char- freedom of opinion and freedom of expression the Israeli occupation in 1978 while in ismatic spokesman and leader, calling for may give rise to alternative viewpoints or op- the 10th grade, but was determined to total resistance to occupation. With the position. Accordingly, the regime frequently complete his studies in prison, and suc- new intifada he came to be known as its ceeded in obtaining his secondary school leader, not only as a leader and activist tightens its grip on publication and the media, certificate. Leaving prison in 1983, he in the field but also in endeavouring to and those working in these fields; it imposes went to Bir Zeit University to study provide political direction and shape the censorship, and redoubles measures for in- political science, and joined the student intifada’s goals. timidation. But the more ruthless censorship movement where he assumed a leading Marwan al-Barghouti miraculously role in the youth and student movement survived an assassination attempt by becomes, the more the people resist, especially affiliated to the Palestine National Lib- Israeli helicopter gun ships in August journalists, media institutions and intellectu- eration Movement (Fatah). 2001, but he continued to call for the als, who stubbornly continue to exercise and Al-Barghouti believed the Oslo Ac- intifada, despite repeated calls for his cords could lead to an end to occupation assassination. After the Israeli incursion defend their rights. and the establishment of a Palestinian of Ramallah, al-Barghouti was at the top During the three-year period 2001-2003, State within the 1967 borders. It was this of the Israeli security forces’ wanted list, journalists in Algeria, Egypt, Jordan, Morocco, that drove him to turn from the political and he was arrested on the afternoon of the Sudan, Syria, Tunisia, Yemen and other struggle to work for the peace process. Monday, 15 April 2002. In 1996 he stood for the Palestinian In detention, al-Barghouti was sub- Arab countries were repeatedly targeted for legislative council elections and won jected to both psychological and physical prosecution on the grounds of opinions they the Ramallah seat, establishing himself pressure. As a result of these conditions had expressed. Some of them were convicted as a member of the first elected Palestin- his health has deteriorated and he now ian Parliament. He was among the most suffers from chest pains and respiratory and given harsh sentences, while in Jordan, fervent opponents of corruption and difficulties, in addition to back pains as Morocco, Tunisia and Yemen, journalists were supporters of human rights, and social a result of his cramped quarters (his cell, assaulted or detained. and economic justice. The Palestinian including the lavatory, is three square Many newspapers that were self-financing women’s movement considers him to be metres.) The Israeli occupation authori- one of their closest allies in the struggle ties have also prevented al-Barghouti have come under pressure by the authorities, for equality. from seeking hospital treatment, in con- which have reduced their share of advertising Israel’s continuing and relentless travention of the Geneva Conventions, and blocked distribution, even to subscribers. appropriation of more Palestinian ter- particularly the Third and Fourth. ritory and creation of more settlements Even from his prison cell Marwan The head offices of newspapers have been sub- in different areas following the Oslo al-Barghouti still affirms that the Pal- ject to police raids in many Arab countries, and Accords was the most decisive factor in estinian will for freedom will never be Arab television networks have been subjected al-Barghouti’s change of view. crushed, and that the only alternative to particularly heavy pressure. Arab satellite “We have lived through seven years is to end the 57 year-old occupation. of the intifada without negotiations, and Despite his fury at Israel’s continuing broadcasters have come under foreign pres- then seven years of negotiations without tyranny and profound sorrow for the sure to change their reporting of events. the intifada. Perhaps the time has come many Palestinian martyrs, Marwan al- While many Arab states adopt a public to try them both at the same time.” Barghouti holds firm in his belief in the Marwan al-Barghouti sums up fundamental principle of securing a just discourse supporting press freedom and open- Palestinians’ demands in the following peace through the establishment of two ness towards the privatisation of public space, way: Israel must accept independ- States for two peoples. in reality, the situation is only becoming worse. ence for the Palestinians. Negotiations Excerpts from a letter to his wife: “I International organizations working for press between masters and slaves will lead will overcome the cell and the occupi- nowhere without resistance and without ers…they will never break my will.” freedom have published reports packed with expressing the Palestinian national will. references to violations. In its 2002 report, Source: Lead author, based on communications with Bargouthi’s wife and lawyers. Reporters sans frontiers, for example, stated

84 ARAB HUMAN DEVELOPMENT REPORT 2004 that the region was the second largest prison ance to occupation”, “violence”, “terrorist for journalists in the world. purposes” and “terrorist attacks” still lack A phenomenon unique to the Arab region clear-cut and agreed upon technical definitions consists of organized attempts that were suc- in law. The terminology of freedom of expres- cessful until recently, to suppress the freedom sion also remains vague, especially as regards of the media, and prevent it from harnessing the Internet. With the rising level the potential of linguistic and cultural unity Since the events of 11 September 2001, the to launch a media renaissance. Taking place Internet has been subjected to direct interfer- of education among in stages, these attempts started with rivalry ence and censorship, disrupting the flow of young people, and between radical and traditional Arab regimes information. in the 1960s to influence the free Arab media Since 2001, the penal codes of a number of increased access to in countries such as Lebanon. Following the Arab countries have been amended to provide world information Lebanese war, the action moved to Europe. for longer prison terms and heavier fines for Not only did the regimes lavish large sums of publishing-related offences. This situation is sources, the Arab money on buying or neutralizing information reflected in greater pressure on journalists and citizen is no longer media; some resorted to assassinating journal- a narrower margin of freedom of opinion and ists and blowing up press offices (Abdelwahab expression. Violations of freedom of opinion convinced by old el-Affendi, 1993). That stage ended with an and freedom of expression have included at- propaganda methods. almost total clampdown on media freedom in tacks on political activists and human rights the Arab diaspora. The trend was reinforced advocates who had expressed their views by the increasing influence of oil countries openly. and a rapprochement among Arab regimes Curtailment of freedom of opinion and after radical countries changed their position expression in the form of officially imposed towards “moderation”. censorship extends also to literary and artistic There was also the temporary setback with creativity, exacerbated in some countries by the invasion of Kuwait in 1990; but this stage unofficial censorship by influential political or ended in 1995 with the opening of Arab satel- social forces of society. Some Arab states have lite stations offering programmes that were gone to such extremes to monopolize “intellec- remarkable for their relative freedom and tual activity” that they have banned circulation frankness. Criticism and dialogue started to of some of the most treasured works in the revive in the Arab press. Arab literary heritage, such as The Prophet, With the information revolution and the by Gibran Kahlil Gibran, and A Thousand expanded use of the Internet, the region en- and One Nights. There has, however, been tered a new era and it was no longer feasible a noticeable increase in the number of books Since the events of to muzzle information as a tool for political and publications appearing on the Internet, control and manipulation. With the rising or published in the West, but which the Arab 11 September 2001, level of education among young people and reader can only obtain as smuggled copies. the Internet has been increased access to world information sources, the Arab citizen is no longer convinced by old Stifling creativity subjected to direct propaganda methods. Freedom is an essential dimension of, and an interference and Nevertheless, early in 2003, Arab Ministers incentive for creative work, whether in the do- of Information and Ministers of the Interior censorship. main of language in the form of essays, poetry, agreed to an anti-terrorism strategy, leading to short stories, novels, drama and criticism, or in further restrictions on freedom of opinion and the plastic arts such as painting, photography expression and indeed on other human rights, and sculpture. Freedom is also a basic condi- and to the potential expansion of provisions of tion for intellectual creativity in works dealing the Arab Anti-Terrorism Agreement to cover with history, politics, society and beliefs. the media. This would greatly increase the While Arab poets, novelists and dramatists danger of continued misuse of the Agreement remain prolific, the “freedom” to write and to punish individuals for non-violent activities freedom of expression have often been chal- since the terms “terrorism”, “legitimate resist-

THE STATE OF FREEDOMS AND RIGHTS 85 1964 (Landmarks Along the Road) and so was BOX 3-3 Al-Manfaluti: The value of freedom that has been stolen Mahmoud Mohammed Taha in the Sudan for expressing religious opinions to which the po- “The birds fly in the air, the fish swim The only way to achieve happiness litical regime objected. Farag Foda’s writings, in the sea, the wild beasts roam in the in life is to live in absolute freedom, with valleys and mountains, but man lives in nothing to dominate one’s body, mind, which were critical and somewhat sarcastic in two prisons, the prison of his own soul soul, emotions and thoughts but one’s their treatment of Islamists, led to his assassi- and the prison of his government, from own self-discipline…” (Mustafa Lutfi nation. There are also contemporary cases of cradle to grave. al-Manfaluti, in Arabic, 1984) authors whose writings have provoked strong The strong have forged chains and Al-Manfaluti concludes his reflec- religious antagonism, which has landed them fetters for the weak and called them tions on freedom with the following law, to oppress the weak in the name words, which have long been praised and in court. of justice and to dispossess them of the committed to memory by students of the Certain ideological and cultural groups jewel of their freedom in the name of law Arabic language, including the writer of have also been responsible for censoring or and order. these lines, when he was a primary-school curtailing creative work. These groups are This fearsome weapon has left the pupil in Egypt: weak apprehensive and wary, with ter- “Freedom is a sun that shines within usually dominated by party dogmatists seeking ror in their hearts and trembling in every every soul. Anyone who is deprived of it to impose a preconceived mode of expression, limb … Is there any torture in the world lives in deepest darkness, unbroken from production and commitment on creative art- that is worse than the torture to which the darkness of the womb to the dark- ists, which militates completely against the one is being subjected oneself, or any ness of the grave … Freedom in human more confining prison than the prison in history is not a novelty, nor a fortuitous freedom required for creativity. In some in- which one is being held? occurrence; rather, it is an innate qual- stances, considerable tension exists between If a man knew the value of the ity with which human beings have been creative authors and the political parties to freedom that has been stolen from him, endowed ever since they were wild crea- which they originally belonged, as was the case and understood the reality of the bonds tures scrambling over rocks and swinging with Badr Shakir al-Sayyab. holding his body and mind, he would from the branches of trees. kill himself like the nightingale that has A man who stretches out his hands to The suppression of creativity in the Arab been caught by a hunter and confined in a ask for freedom is not begging; he is seek- world does not stem exclusively from the strict cage, for that would be preferable to a life ing a right that has been stolen from him religious discourse. It also originates with po- in which he could see not a single ray of by human greed. If he obtains it, it will litical authorities. Cartoons lampooning Arab freedom, nor any breath of freedom come not be as a favour from anyone, and he to him… will not be beholden to anyone.” (ibid) rulers are frequently suppressed, and their artists persecuted. In the case of Palestine, the Source: Fuad Megally, in Arabic, 2002, 1169. assassination of Naji al-Ali marks one of the most savage examples of the suppression of an lenged by political authority and by certain opposition cartoonist’s freedom of expression. traditional interpretations of religion. Public Cultural associations (associations of writ- reactions to this freedom range from violent ers, artists and dramatists) have also suffered criticism, to misdirection and misguidance, to from the intervention of the state and its laws, the referral of writers and their works to the or the party. They have been subjected to courts and the imposition on them of harsh enquiries into their nature and purposes and The suppression of sentences. Some writers have been victims of to interference in their scope and freedom of creativity in the Arab violence and even of assassination or execu- expression and action. This is true of all Arab tion. countries. Ibrahim Abdullah Ghaloum’s study world does not stem For example, legal measures were taken of laws governing cultural associations in his exclusively from against Taha Hussein for his book Fi al- Shi’r country may well serve as an example for any al-Jahili, 1926 (On Pre-Islamic Poetry), against study of equivalent laws in other Arab coun- the strict religious Sadeq Jalal Al Azem for his Naqd Al Fikr Al tries. It testifies clearly to the disappearance discourse. It also Dini, 3rd edition, 1927 (A Critique of Reli- of the legal personality of cultural associations gious Thought) and Nasr Hamed Abu Zeid and the suppression or curtailment of their originates with for a number of his controversial writings. freedoms. Such laws reflect the controlling political authorities. Naguib Mahfouz was the victim of an assault spirit of state security laws, which, in the realm due to a misinterpretation of his novel Awlad of culture, can only limit freedom and creativ- Haritna (The People of our Alley). The Islamic ity (ibid, 313-341). thinker Sayyed Qotb was executed in 1966 for opinions expressed in Ma’alem fi-Tariq,

86 ARAB HUMAN DEVELOPMENT REPORT 2004 Freedom of association: civil society institutions BOX 3-4 Khalida Said: Creativity - Between Consciousness and Dreams Arab authorities limit popular movements Creativity is a free action oriented chological level as an aspiration to seek and expressions of popular sovereignty in the towards freedom. It is a movement, embodiment or crystallization in some in essence, between consciousness, in palpable form addressed to a receiver. public sphere in order to prevent them from the sense of acquired knowledge and This nexus of movement and freedom becoming sources of pressure. As far as possi- memory, and dream, in the sense of is an innate human characteristic, and ble, they try to keep them outside the political the aspiration, striving, discovery and a natural human right, it is the right sphere. The regime can be assured of continu- endeavour that elevate knowledge to its declared by contemporary creators, one ing to hold power only so long as it can keep utmost. It is a movement whose very na- for which they claim the dual freedom to ture is freedom both in its inception and both send and receive. the public space for itself, prevent democratic its social destination, wherein those that (Khalida Said, background paper for political forces from emerging, and weaken any it addresses are to be found. Creativity is this Report). institutions and mechanisms that might lead to an impulse that transcends its inner psy- political alternation. The freedom to form associations has been Freedom to form political parties violated by many marginally democratic gov- Arab countries lack mechanisms for demo- ernments, including those of Algeria, Egypt, cratic participation. States either outlaw or Jordan, Mauritania and Tunisia. Would-be marginalize political parties by encouraging founders of organizations have been denied The freedom to form traditional social structures, such as the clan, permission to proceed, and existing organi- tribe or sect, which, with their pyramidal struc- zations have been dissolved. Most of these parties is subject tures, are easier for the state to deal with. adverse measures have been directed against to numerous legal In some Arab countries, legal reform grassroots human rights organizations. Arab has led to official recognition of multi-party authorities have sought to drown the voices of restrictions that voluntary civil society organizations by setting politics. Even so, the freedom to form par- seriously impede its ties is subject to numerous legal restrictions up what they claim to be non-governmental or- that seriously impede its exercise. This has ganizations, (NGOs.) These sham groups are exercise. caused parties to adopt undemocratic prac- in fact governmental entities (GNGOs) which tices, becoming authoritarian themselves, work for, and are financed by the regime, characterized by ideological, and, in some whose discourse they echo and whose interests cases, religious fanaticism. In numerous par- they pursue. ties, individual members are offered no role Since 2001, the global “war on terror” has in developing party policy or manifestos. The seen a new development in the region: Arab parties rarely allow space for criticism, which governments have begun to monitor Islamic could enrich diversity within their ranks. charitable organizations closely, sometimes cracking down on their activities on the basis Freedom to form associations and of US lists, with their political bias. surveillance of their activities Historically speaking, civil associations are progressive forces that prepare the way for civil In Arab countries, the freedom to form asso- society to emerge and help to create the kind of The freedom to form ciations is restricted in varying degrees by law. public sphere required for freedom (Chapter associations has been Under the legislation of most Arab countries, 1). It is thus of great concern that the many associations are subject to various forms of restrictions imposed on them may leave Arab violated by many oversight and surveillance. The most severe citizens with only the traditional, narrower marginally democratic forms of state interference lie in the power options of tribal or clan-based action, which governments. to suspend associations or dissolve them by in turn will strengthen the grip of “clannism” executive order. In some countries (for exam- (al-‘asabiya) on Arab society (Chapter 6). ple Syria) any judicial review of such orders is Nonetheless, associations continue to prohibited. Offenders under these various laws spring up and pursue their activities, even are usually liable to imprisonment, although in without the blessing of the law, finding alterna- some instances only monetary fines are im- tive legal formulae such as styling themselves posed.

THE STATE OF FREEDOMS AND RIGHTS 87 as companies, which are lawful in most Arab The right to participation: states, to protect their members. Significantly, while poorly represented in political party Participation in elections, by running for of- activity, women are very much in evidence fice or by voting, is how citizens and groups in civil and cooperative associations, holding express their political preferences and hold leadership positions in some Arab countries. officials accountable for their performance. Participation is a step towards political alterna- Trade unions and professional associations tion. Consequently, regimes take advantage of State interference their position to nullify the outcome of voting in the essential and The status of Arab trade unions ranges consid- through various legal mechanisms, or simply erably: they are numerous and enjoy varying defining democratic to disregard it, thereby keeping themselves in degrees of freedom. In some countries, state power. processes of trade interference in the essential and defining dem- While the Arab world has exhibited a ocratic processes of trade unions, has driven unions has driven broad array of electoral processes at all levels, them into political activism and opposition, the right to political participation has remained them into political which has brought them harsher restrictions little more than a ritual representing a purely still. activism. formal application of a constitutional entitle- Workers in countries that approve the ment. In most cases elections have resulted in plurality of unions, such as Morocco and misrepresenting the will of the electorate and Lebanon, are free to choose which body to in low levels of representation for the opposi- join, in contrast to states where only one union tion and women. is allowed. In general, workers in many sectors With a few exceptions, some of which are are still outside union bodies. purely cosmetic, presidential elections do not Experience in some Arab countries has take place freely in Arab countries in the sense shown that support for unionized labour of involving more than one candidate compet- usually leads to stronger and more effective ing in a general election. In only three Arab unions, and that this, in turn, helps create countries (Algeria, Sudan and Yemen), and in a a competitive democratic climate marked by fourth under occupation (palestine), are presi- activism, respect for human rights and a flour- dents elected through direct elections with ishing civil society. more than one candidate and with presidential In contrast, where there is no competition term limits. While direct presidential elections between unions, the regime can contain and take place in Tunisia and Djibouti, no term control the single union, which becomes a tool In most cases, limits are set. Syria and Egypt (and previously for enforcing government policy. This is the Iraq) depended on referendums where the elections have resulted case in most Arab countries, especially since president is nominated by the parliament, after the advent of economic liberalization, which in misrepresenting the which a national referendum is held. In presi- has had the effect of weakening unions and, dential referenda the outcome varies between will of the electorate therefore, reducing public trust in them. Un- an absolutely majority and total unanimity. ions have thus become unable to protect their and in low levels of Except in two countries - Saudi Arabia members or defend their interests. In response and United Arab Emirates – parliaments in representation for to this situation, new non-governmental or- the region are either totally or partially elected. ganizations have begun to emerge to support the opposition and However, parliamentary elections have not workers. The Union and Labour Services played their designated role in balancing women. House in Egypt, for example, was founded in power, or holding the government account- 1990 as an independent organization for that able or even in reflecting public opinion. These purpose. It may be noted, however, that Arab, elections have generally reproduced the same and more especially Asian, migrant workers ruling elites. Legislative elections routinely suf- enjoy very little protection in any Arab state, fer low turnout rates. Opposition candidates especially the Gulf States. have charged that electoral laws are rigged to suit the interests of the regime and that the alliances put together by the existing government

88 ARAB HUMAN DEVELOPMENT REPORT 2004 block all chances of winning. Consequently, BOX 3-5 they have frequently boycotted elections or Declaration on the Right and Responsibility of Individuals, denounced their outcomes as travesties of due Groups and Organs of Society to Promote and Protect process. Universally Recognized Human Rights and Fundamental Freedoms, 1999 (excerpts) INDIVIDUAL FREEDOMS Article 1. such steps as may be necessary to create Everyone has the right, individually and all conditions necessary in the social, in association with others, to promote economic, political and other fields, as Individual freedoms constitute the most cher- and to strive for the protection and well as the legal guarantees required to ished component of freedom, because they are realization of human rights and fun- ensure that all persons under its jurisdic- closest to the individual and to her/his status damental freedoms at the national and tion, individually and in association with as a unique human being. The legal regime international levels. others, are able to enjoy all those rights and freedoms in practice. governing freedoms applies with particular Article 2. 2. Each State shall adopt such legislative, force to freedoms in this category. The func- 1. Each State has a primary responsibil- administrative and other steps as may be tion of law in the matter of the right to freedom ity and duty to protect, promote and necessary to ensure that the rights and implement all human rights and funda- freedoms referred to in the present Dec- is simply to acknowledge that right by creating mental freedoms, inter alia, by adopting laration are effectively guaranteed. a space in which the free individual can exer- Source: UN General Assembly resolution 53/144. cise choice; all that is required of the law is to ensure that this space is not violated by oth- countries have witnessed several abuses of the ers. Such law is known as passive law. Within freedom of social groups on religious, sectarian that space, freedom is entire, subject only to or ideological grounds. restrictions for the sake of public order. But Official models of belief that bolster tradi- the sphere of individual freedom affords only tion and traditional values and negate freedom Arab countries have limited potential for affecting public order, of opinion, treat those who do not conform to and none at all in the case of private individual them as enemies, as in the case of the conflicts witnessed several freedoms. Those freedoms serve as the frame- between the Islamists and the various Sufi abuses of the freedom work within which the individual constructs orders. Those who think are proscribed, even a stable identity and consolidates the bases of though they may be faithful believers. As a re- of social groups on personality and action, and they have a major sult, the polity breaks up into politico-religious religious, sectarian or impact in unleashing the dynamic potential of factions that are more easily contained, and individual and collective freedoms alike. society loses its vitality. ideological grounds.

Freedom of opinion and belief: Freedom of privacy and personal life:

These are private individual freedoms that are Personal life constitutes a free zone for the inviolable and recognized as such by all the individual to enjoy and which the state is not monotheistic religions. Perhaps the Qur’an entitled to infringe or curtail. Yet in Arab sums up the matter most succinctly: “Whoever countries political authorities at times appro- so wishes, let him believe, and whoever so priate this space, breaching the inviolability of wishes, let him prefer unbelief.” the home at any hour of the day or night, moni- Ofﬁcial models of Freedom of opinion and belief are among toring private correspondence and tapping the civil rights that are enshrined in the Inter- telephones; religious authorities or particular belief that bolster national Covenant on Civil and Political Rights social groups similarly usurp the personal free- tradition and (ICCPR), and in the constitutions of some Arab dom of citizens. states. But Arab authorities, both civil and re- Women suffer acutely in this respect, as traditional values and ligious, usually join forces to curtail this right they are also subject to surveillance by male negate freedom of in law and in practice, speaking with one voice members of their family, or even of the local in terms reminiscent of a tribal social system. community. A woman is at risk of violence, to opinion, treat those They uphold a uniform pattern of behaviour the point of being killed in a so-called “crime who do not conform characterized by obedience and submission of honour”, which constitutes lawful grounds that makes any departure from that pattern in some Arab countries and an extenuating to them as enemies. unlawful or sinful so as to contain society by circumstance in others. It is generally recog- homogenising its constituent individuals. Arab nized, however, that in many cases “crimes of

THE STATE OF FREEDOMS AND RIGHTS 89 honour” are committed on nothing more than Some Arab governments also violate the unfounded suspicion, or to cover up a situa- right to life extra-legally and extra-judicially. tion where a girl has been raped by a member Human rights organizations have observed of her own family. that official reports on killings tend to be short Female genital mutilation, despite its on facts. In most Arab states the names of known harmful effects, continues to be prac- the victims are not mentioned, and no public ticed in some Arab countries, in some cases by investigation is conducted, giving rise to sus- traditional methods devoid of even the most picions of the possibility of “liquidation” or rudimentary safety precautions, with the result extrajudicial execution of suspects. In most Certain Arab states that girls die from the operation. cases of disappearance or abduction in Arab remain untouched countries it is feared that the victim has been DENIAL OF FUNDAMENTAL executed outside the law. According to the by the human rights INDIVIDUAL FREEDOMS files of the UN there were 11,000 cases of un- system’s position on known disappearances in the Arab countries in 1993 (Arab Organization for Human Rights). the death penalty. Violation of basic rights The right to life is often violated in cases when people are expelled or arrested, and in The human rights system is founded on a col- prisons, especially those run by security and lection of rights at the very heart of the system, intelligence services, where torture is used or which are considered totally inviolable. Yet in health care neglected. Arab countries these sacred and basic rights Extremist groups who perpetrate assas- are frequently violated. sinations and bombings and espouse the use The right to life of violence also violate the right to life. Armed confrontations between security forces and Violations of the right to life in Arab countries armed groups may result in civilian casual- have taken multiple forms. The most conspicu- ties; in some instances, civilian victims have ous examples are Israel’s military aggression outnumbered victims in the ranks of the com- against the Palestinian people, at the cost of batants. civilian lives, in addition to the physical liqui- Lastly, the repression of peaceful demon- dation of leaders and cadres of the resistance. strations by security forces in Arab countries Tens are killed daily in Iraq by occupation has been yet another source of violation of the forces or terrorist groups. Internal conflict right to life. continues to rage in the Sudan and Somalia, representing a further source of violation of The right to liberty and personal safety this right, while the global anti-terrorism cam- The disappearance This right is massively and consistently vio- paign has added a new dimension to the issue. lated. Since the global “war on terror” cam- of a family member Capital punishment is an infringement of paign began, there have been unprecedented the right to life.1 Yet certain Arab states remain in prison is a tragedy numbers of arrests. Legal safeguards have been untouched by the human rights system’s posi- violated, and people have been deprived of that often haunts Arab tion on the death penalty, which confines its their liberty and, in many instances, tortured use to the most serious crimes, imposes proce- citizens. and ill-treated in prisons, camps and detention dural and judicial safeguards, and prohibits its centres where their personal safety is uncer- use in political cases. Capital punishment has tain. The disappearance of a family member in been retained in all Arab countries, although prison is a tragedy that often haunts Arab citi- in certain countries (such as Bahrain, Algeria, zens. Following the disappearance of Kuwaiti Lebanon2, Morocco and Tunisia) it is rarely prisoners in Iraq, it emerged that hundreds applied. had disappeared in some Arab jails.

1 This position has been emphasised in Resolution 2857 –XXVI, December 20, 1971 of the UN General Assembly and in two resolutions of the UN Economic and Social Council, on May 20, 1971 and May 9, 1971 respectively. 2 It is important to note that the former Prime Minister of Lebanon adduced reasons of conscience for refusing to sign execution orders for those sentenced to death.

90 ARAB HUMAN DEVELOPMENT REPORT 2004 Following the September 11 attacks, lists of their right to obtain nationality in their own of suspects were circulated by the US security country. services, requesting their detention on sight, giving human rights organizations cause for Abusing the rights of minority groups. concern. National legal systems do not protect members The right to a fair and impartial trial of groups outside the mainstream, which are often marginalized. For example, Article 27 of Most Arab regimes Most Arab regimes do not respect the prin- the ICCPR is still the mainstay of the protection do not respect the ciple of the separation of powers, with the of such persons, despite the 1992 Declaration result that the judiciary comes under political on the Rights of Persons Belonging to National principle of the pressure, especially from the executive power, or Ethnic, Religious and Linguistic Minorities. separation of powers, and loses credibility. The risk to the judiciary Individuals belonging to such groups are has recently grown as some of the finest judges citizens as well and entitled, in principle, to with the result that have become exposed to violence and prosecu- enjoy all the rights of citizenship, yet those the judiciary comes tion; indeed, judges have been murdered in rights are frequently violated along with the their own courtrooms (in Sidon, Lebanon). rights of citizens in general. These individu- under political Yet while the institutional structure of the judi- als may also suffer additional violations at the pressure. ciary has come under assault from politicians, hands of the law or the administration or as it may still fairly be said that many judges in a result of entrenched social practices, simply most Arab countries are reliable, learned and because of their background. upright. Violations of human rights in Arab coun- Safeguards surrounding the right to a fair tries are more pronounced when cultural, trial are being eroded. This is happening religious or ethnic dimensions are present, mainly outside the regular judicial system. particularly since marginalized groups have Contributing to this erosion are such practices fewer opportunities to protest their rights. as referring civilians for trial by military courts Repression directed specifically at such groups (as in Egypt, Jordan, Lebanon and Tunisia,) reflects an odious “minority mentality” in parts and the use of various exceptional procedures. of society and in oppressive regimes alike. The latter include emergency courts in Egypt In areas of protracted conflict in northern and the Sudan, state security courts in Iraq Iraq and the southern Sudan, some cultural, (until the recent fall of the regime) Jordan and ethnic or tribal groups, especially the Kurds in Syria, special courts in Iraq, Libya, and the Iraq, have suffered overt or covert persecution. Sudan, and martial law tribunals in Somalia. Government policy has fluctuated between In Algeria, Mauritania and Tunisia, the regular recognizing the principle of autonomy and Violations of human courts have been little better, especially in se- responding to dissidence as insurrection. In rights in Arab curity and political cases, and trials of civilians both cases, however, the outcome has been a in cases of terrorism in the past two years have solution along federalist lines. The southern countries are more met with strong criticism. Sudan is unique in that an agreement was pronounced when reached based on recognition of the right to Exclusion from citizenship self-determination following a specified period cultural, religious or of time. However, a complete settlement has ethnic dimensions are Deprivation of citizenship not yet been achieved in either case, and some local conflicts continue, as with the case of present. The withdrawal of nationality from an Arab Arab and Turkmen citizens in northern Iraq, citizen, as permitted under certain legislation and in border regions of southern and western through an administrative decision by a gov- Sudan. Recently the Qamishli events in Syria ernment official of less than ministerial rank, have brought to light the suffering endured is one the most extreme forms of exclusion by Kurds seeking their most basic legitimate from citizenship. This is closely followed by rights, namely the right to citizenship. the deprivation of certain categories of citizens The Kabylie regions of Algeria have ex-

THE STATE OF FREEDOMS AND RIGHTS 91 perienced many disturbances since 2001. rise to international accusations that the Sudan Demonstrations in 2002 resulted in dozens of tolerates slavery, and those accusations have victims. Democratic developments in Algeria been enlarged by propaganda. Despite the have helped to resolve Berber demands and Government’s efforts to solve the problem, the Amazigh language was recognized as a na- thousands of people are still in this wretched tional language. The authorities subsequently condition, and the Government of the Sudan The legal rights moved towards making it an official language, continues to endure the odium of this charge. after ending the debate on whether this would The affirmative action of allocating a “quota” of Arabs living in require a popular referendum. in the parliament for Christians, and Chechans some industrialized Christians in some Arab countries also suf- in Jordan is positively noted. The Arab people cannot be satisfied as long countries have fer from restrictions on their freedoms. This kind of double subjugation affects a as the dilemma of the Palestinian diaspora con- deteriorated lately number of other social groups, notably bidun tinues. Its members are deprived of their right following the “war on and naturalized citizens in Arab Gulf coun- to return, in addition to being denied many of tries. The former are regarded as foreigners, their other fundamental rights – even in Arab terror”. while the latter, being stateless, have nowhere countries. The Palestinians have been left to go and are treated as second-class citizens; alone to bear the consequences of expulsion they are denied the right to stand for election by Israel, in which it enjoyed outside support, to representative bodies or to vote. A similar while those expelled suffered. This double in- prejudice affected Iraqi citizens whom the justice calls for the international community to previous government designated “Iranian na- come together to guarantee the right to return tionals”; their status as citizens of Iraq was not and, in the meantime, to secure the other basic recognized, and some of them were expelled to human rights of Palestinians. Iran, while others remained as an under-class. The legal rights of Arabs living in some in- “Card holders” in the border areas of Saudi dustrialized countries have deteriorated lately Arabia, Kurds deprived of citizenship follow- following the “war on terror”. ing the 1962 census in Syria, and akhdam in Yemen are in much the same boat. Women doubly excluded Migrant workers in oil producing Arab Arab women find themselves in different states, including Arabs, suffer certain forms situations, depending on their respective of discrimination according to international circumstances, and depending on the extent standards, the most notorious being the “guar- to which democracy is practiced both within antor system” and the abuse of domestic serv- their families and by the national system. But ants, chiefly women. nowhere in the Arab world do women enjoy Socio-economic and military circum- equality with men, even though equality is a Nowhere in the Arab stances are creating bizarre situations in Mau- fundamental human right. Women are subject ritania and the Sudan. In the former, members world do women to discrimination both at law and in practice, of the group known as haratin (emancipated and as a result they tend not to participate very enjoy equality with slaves) are hardly better off than when they extensively in the public sphere, and relatively were slaves. Since the legal abolition of slavery men. little in decision-making within the family. in 1980, the Government has been unable to To be sure, concern for the status of provide them with sources of income, while women has increased in recent years, as may be social prejudices have prevented their integra- seen from various developments. Governmen- tion into society. Consequently, many haratin tal structures have been established expressly have been compelled to return to the families to address women’s issues, both at the regional for which they formerly worked, and their level, with the establishment of the Arab condition is similar to slavery. In the Sudan, Women’s Organization, and at the national different tribes involved in the military con- level, with the founding of national councils flict have abducted one other’s women and and commissions on the status of women in a children; here again, the victims’ condition is number of Arab countries. Political discourse tantamount to slavery. This situation has given

92 ARAB HUMAN DEVELOPMENT REPORT 2004 regularly addresses the issue of equality, on gender equality have emerged in a multi- and governments have adopted a number of layered and complex societal context which programmes aimed at promoting it. There must be taken into careful consideration when has been an exponential growth in NGOs examining both the issue of equality and the concerned with women’s rights. Despite all respective society’s shaping of ways to achieve this, in most Arab countries women are still it. These issues will be fully discussed and subject to numerous forms of discrimination. analysed in the fourth AHDR on the “Rise of Perhaps education marks the sole exception Women” in Arab countries. to the rule, where girls comprise the majority As indicated in Annex 1 of AHDR 2, the at certain levels in some Arab countries, with World Values Survey found that the Arab In most Arab an academic record superior to that of their people are reluctant to accept total equality countries, women male peers. between women and men (see also the results Statistics point to a generalized gender gap of the Freedom Survey in Annex 1 of this are still subject to in various areas, including education, employ- Report). While gender equality in education numerous forms of ment, property ownership, public office, deci- was almost universally supported, there was sion-making posts, and leadership positions noticeably less support for equality in employ- discrimination. in political parties and trade unions. There ment and politics, particularly in Jordan and have been laudable efforts to promote the Morocco (figure 3-1). status of women in some areas, but others have been largely neglected both by governments SOCIAL AND ECONOMIC RIGHTS and by society in general. Little progress has been made regarding political participation by This section concludes with a review of eco- women, changes to personal status laws, inte- nomic and social rights, which, according to gration of women in the development process, the definition of human development, are the right of a woman married to a foreign embodied within two fundamental human ca- husband to transmit her citizenship to her chil- pabilities: leading a long and healthy life, and dren, and the inability of existing legislation knowledge acquisition. to protect women from domestic violence or The first AHDR documented various ways violence on the part of the state and society. Figure 3-1 Discrimination is becoming more acute Percentage agreeing that women should have equal rights, five Arab countries, in the Gulf countries and, in particular, in Freedom Survey, 2003 Saudi Arabia. Violence against women is most prevalent in areas of armed conflict, notably in Sudan, Somalia and Iraq. As regards women’s rights, Kuwaiti society has been less progressive than some Arab governments. The National Assembly has more than once voted against an enlightened decree of the Emir that would have allowed women to participate in political life. In the more democratic Arab countries, where such participation is lawful, voters tend not to elect women candidates: there are legislatures that do not have a single woman member, while the legislatures of some other countries, such as Egypt and Yemen, have no more than token numbers of women members. However, a trend to introduce such quotas has developed in the past two years, as in Morocco, Jordan, Qatar and Oman. It is important to stress here that positions

THE STATE OF FREEDOMS AND RIGHTS 93 in which, first, these two fundamental human sense and fosters passivity and inertia, thereby capabilities are not realized in Arab countries, sapping the individual and societal vitality that second, the weakest social groups, notably is essential to any meaningful renaissance in women and the destitute, are especially dis- Arab countries. advantaged in that respect, and third, these According to the Freedom Survey, Annex capabilities are inappropriately or under-uti- 1, interviewees were of the opinion that, at the lized in terms of activity within society. This beginning of the third millennium, more than The impoverishment unsatisfactory situation intersects with the 10% of Arabs still suffer from hunger, disease, and under-utilization issues of freedom and good governance on two ignorance or poverty, whether in terms of levels. To begin with, the absence of freedom low income or deprivation of human capa- of human capabilities and good governance itself aggravates the im- bilities. In one country covered by the survey in Arab countries poverishment and under-utilization of human interviewees estimated that almost 25% of the faculties, as under those conditions decision- population suffered from low income, while in amount to a basis making serves the interest of the ruling elite three of the five countries surveyed the level of for perpetuating the rather than the public interest in general. In poverty was estimated at around one quarter addition, experts agree that a situation of sub- of the population, using the deprivation of status quo. jugation produces adverse effects on health, human capabilities indicator, figure 3-2. including the individual’s physical health. From that standpoint, the impoverishment and THE RIGHT TO LEAD A LONG, under-utilization of human capabilities are not HEALTHY LIFE only disabling for human development, they also reflect a disregard for economic and social rights that are recognized in international The right to food and adequate nutrition: human rights law. Hunger is an outcome of inadequate food and Moreover, the impoverishment and under- micronutrient intake, and it can be measured utilization of human capabilities in Arab coun- in terms of arrested physical and mental tries amount to a basis for perpetuating the growth, impaired health, early death, low life status quo. Such deprivation blunts the critical expectancy at birth, learning disabilities and ir- Figure 3-2 Estimate of the extent of deprivation of human capabilities, five Arab countries, Freedom Survey, 2003

94 ARAB HUMAN DEVELOPMENT REPORT 2004 regular school attendance. Hunger also weak- However, physical illness still takes years off ens the immune system, and thus is reflected the life of the ordinary Arab individual, as may in epidemics, infection and HIV, and in low be seen from a comparison of the standard productivity at work and in social activity. formula used to estimate life expectancy at Children are among those most seriously birth with a modified version of that formula Between 1990-1992 affected by food insecurity, since malnutri- developed by the World Health Organization. tion in early life has a serious, frequently ir- The latter is known as “HALE”, for “health- and 1998-2000…the reversible impact, even when the immediate adjusted life expectancy at birth”, which absolute numbers of life environment of the person concerned excludes years of illness from the estimate. subsequently improves. Malnutrition stunts Applying the HALE formula in Arab countries hungry people in the the child’s growth and affects her/his weight. for which data are available, we see that illness Arab world increased It also has an adverse impact on physical and reduces average healthy life expectancy at birth psychological performance, making the child by ten years or more. Noticeably, in all those by more than six dull and impairing her/his mental faculties if countries, the reduction is greater for women million. continued into adulthood. than for men by a matter of two years or more. Results of a study of 15 Arab countries This shows that women suffer a relatively found that 32 million people suffer from mal- greater health deprivation. Clearly, according nutrition. This figure represents nearly 12 per to available data, reductions in life expectancy cent of the total population of the countries at birth in Arab countries are higher than in all concerned. The same studies found that even the comparator countries featured, particularly in some of the wealthiest Arab states, such for women. The gap between men and women as Kuwait and the United Arab Emirates, is larger in most Arab countries than in the ma- certain population groups are not adequately jority of comparator countries, figure 3-3. nourished. Figure 3-3 Between 1990-1992 and 1998-2000, i.e. in Years of life expectancy lost to disease, by gender, Arab countries and compara- the first stages of the hunger eradication policy tor countries, 2002 adopted at the Rome Conference, the absolute numbers of hungry people in the Arab world increased by more than six million. The worst results were observed in Iraq and Somalia (Rafia Ghobash, background paper for this Report).

The right to a healthy life

The World Health Organization defines health as “a state of complete physical, mental and social well-being.”

Physical health

Arab countries have made great strides in reducing mortality rates, especially infant mortality rates, but the goal of health, in the comprehensive and positive sense of the above definition, has not yet been attained. Progress in reducing mortality rates is generally reﬂected in improved life expectancy at birth. Over time this indicator has risen at varying rates in Arab countries and in some “wealthy” ones it has now reached a level ap- proximating that in industrialised countries. Source: The World Health Organization Report, 2003

THE STATE OF FREEDOMS AND RIGHTS 95 The fact that years of life are lost to ill- The right to acquire knowledge ness reflects relatively low levels of human development in Arab countries. A broad A prerequisite for fulfilment of the right to stratum of the population of any given Arab acquire knowledge is an active, vital system country lives in difficult socio-economic con- for spreading knowledge through four social ditions with respect to employment, housing processes: upbringing, education, media and and living standards; people are under heavy translation. The second AHDR documented As authoritarian pressure in economic terms. In social terms, various inadequacies in those processes in pressure grows, the relationship of the individual to the state Arab countries and proposed ways of address- and the society to which he or she belongs is ing the situation. Accordingly, we shall not go quietism and characterised by a feeling of lack of esteem, into the issue in detail here. In general, the withdrawal become exclusion and marginalization, resulting in profile of deprivation of the right to acquire constant psychological pressure. Research has knowledge in Arab countries is similar to that more pronounced, shown that psychological pressure of this kind, outlined above in the case of health. This, too, along with a sense arising from social, economic and political fac- is a distinctive feature of the state of human tors, brings about biological changes, which development in Arab countries. of fatalism and in turn may cause physical and psychological Consider education, for example. There submissiveness. infirmity. Studies have found that a person has been appreciable quantitative progress who lives under such circumstances is at risk in access to education in Arab countries, of hormonal imbalance, nervous breakdown although the significance of that accomplish- and even immune system failure. ment is marred by the persistence of unacceptable levels of illiteracy (approximately one Psychological health third of the men and half the women in 2002), and the fact that some Arab children, albeit Individuals who are continuously subjugated, only a small percentage, are still denied their insecure and marginalized bottle up various fundamental right to basic education. forms of violence. As authoritarian pressure However, education in Arab countries is grows, quietism and withdrawal become more essentially flawed by its poor quality. People pronounced, along with a sense of fatalism and who have been to school often lack the cogni- submissiveness. Many studies in the field of tive skills of learning, criticism and analysis, psychology have found a growing incidence of while their creativity has not been encouraged. anxiety and tension among Arab people, giv- These are indispensable for the acquisition ing rise to unpredictable, despairing forms of of knowledge, and even more indispensable behaviour as the individual involved attempts for producing it. Moreover, little emphasis is to relieve the tension, unaware that its causes placed on science and technology in curricula. Education in Arab are rooted in deprivation and the fact that his/ Consequently, as with deprivation of the right her basic needs, most notably the need for se- to health (in the comprehensive sense), dep- countries is essentially curity, are unsatisfied. There is undoubtedly a rivation of the right to acquire knowledge, flawed by its poor connection between fully achieving one’s per- quantitatively and qualitatively, reflects a social sonal potential through participating in devel- profile that discriminates against the most dis- quality. opment on the one hand, and feeling secure on advantaged social groups, especially women the other. Accordingly, the Arab individual’s and the poor. feeling of security may be expected to dete- riorate in line with his/her increasingly acute The quality of education and health awareness of deprivation at many levels, and services in Arab countries this explains the prevalence of anxiety disor- According to the results of the Freedom ders, tension and inability to achieve self-fulfil- Survey, Annex 1, education services were ment (Rafia Ghobash, background paper for considered satisfactory to a large degree and this Report). public education services were adjudged of higher quality than the private counterpart, in Jordan, Morocco and Algeria. Nevertheless,

96 ARAB HUMAN DEVELOPMENT REPORT 2004 the cost of private education was considered Survey, Annex 1, to profile perceptions of less satisfactory compared to public education freedom among contemporary Arabs. The (figure 3-4). The quality of health care services survey questionnaire included a section where provided by the government was considered interviewees were asked whether any of a large lower than that of private providers, with in- number (35 elements) of components of free- terviewees consistently complaining of rising dom, derived from the concept presented in Interviewees perceived costs of private health care. Thus the poorest Chapter 1, formed part of their perception of and most vulnerable sectors of society, in ad- freedom. liberation from foreign dition to being financially disadvantaged, are Figure 3-5 summarizes the results of this occupation and the further penalized in acquiring the two basic aspect of the Freedom Survey.3 human capabilities, particularly health. Survey interviewees agreed that their freedoms of opinion, concept of freedom incorporated the majority expression and PERCEIVED ENJOYMENT OF of these elements. In one case, interviewees FREEDOM IN CONTEMPORARY favoured a majority of the elements by a very movement as the most ARAB OPINION, FREEDOM large margin (75% or more). important components SURVEY 2003 Interviewees perceived liberation from foreign occupation and the freedoms of opinion, of freedom. expression and movement as the most impor- THE PERCEPTION OF FREEDOM tant components of freedom. They gave least AMONG CONTEMPORARY ARABS importance to the right of ‘minorities’ to self- rule. A lower level of importance was attached This section utilizes the results of the Freedom to having a signiﬁcant political opposition able

Figure 3-4 Extent of satisfaction with the level and cost of education and health services by sector (public/private), ﬁve Arab countries, Freedom Survey, 2003

3 Ratios are calculated relative to the total number of interviewees (including missing observations), and arranged in ﬁgure 3-5b in descending order according to their relative importance in the Palestine survey.

THE STATE OF FREEDOMS AND RIGHTS 97 BOX 3-6 Freedom Survey, Arab Human Development Report

In an effort to overcome the deficient meas- While it was hoped to conduct the survey At the time of writing, survey results were urement of freedom in Arab countries em- in a large number of Arab countries, this was available only for five Arab countries (Alge- ployed in AHDR 1 and 2, and to better serve likely unrealistic given the constraints facing ria, Jordan, Lebanon, Morocco, Palestine) the rich concept of freedom adopted in this field research in the region. Restrictions on comprising about one quarter of the Arab report, the Report team, in collaboration freedom of research and knowledge acqui- population, more than 70 million, in both the with Arab institutions specializing in polls sition on the one hand, and scarce data and Arab East and West. Annex 1 contains details and surveys, designed a special field survey. information on human development on the of the survey and its findings. It set out to gauge Arab attitudes towards other, remain real challenges in the region. Undoubtedly, the scope of this survey freedom, and seek people’s views on the ex- Yet what information can be drawn from the falls short of a comprehensive representation tent to which various freedoms are enjoyed survey still augments current knowledge. of the Arab public. On a more positive note, in their countries. The design called for poll- Chastened by previous experience, the its findings on perceptions of freedom among ing nationally representative samples of Arab Survey team did not try to implement the sur- the sample countries are nonetheless instruc- citizens, aged 18 years and older, selected to vey in some Arab countries. At least one Arab tive. Hopefully, the time will come when such ensure proportional representation of both country (Egypt) refused to grant a permit for studies are much easier to conduct, to the men and women. the survey. benefit of both knowledge and freedom.

Note: Ratios presented in the graphs derived from survey results are calculated relative to the total number of interviewees (including missing observations).

Figure 3-5a Percentage of interviewees considering the elements of freedom part of their concept of freedom (%) Average of ﬁve Arab countries (weighted by population), Freedom Survey, 2003

98 ARAB HUMAN DEVELOPMENT REPORT 2004 to influence decision-making; and to the right than in Morocco and Jordan. to form opposition groups. This may indicate Citizens of the five countries were clearly rather conservative attitudes or frustration of one mind regarding the priority they give to with the present political situation. national liberation from occupation, military There were noticeable differences in the bases, and foreign influence; to freedom of results obtained among the five countries, thought, belief, opinion and expression; to There were noticeable whether in the degree to which interviewees freedom from hunger, poverty and ignorance; differences in the considered the elements of freedom as pre- to equality before the law and between the sented part of their concept of freedom, or in sexes, and to combating corruption. They results obtained the relative preferences given to some elements considered all these to be important elements among the five over others. The Lebanese, followed by the in their concept of freedom. Palestinians and then by the Algerians, were Freedom and independence of the media countries. more strongly inclined to see almost all these and civil society organizations emerged as a elements as part of their own notion of free- priority in Algeria, Palestine and Lebanon. dom. One might therefore say that the concept All these are fundamental elements of the of freedom in Lebanon, Palestine, and Algeria concept of freedom and good governance, as is broader and also more intensely in evidence adopted by the AHDR.

Figure 3-5b Percentage of interviewees considering the elements of freedom constituents of their concept of freedom Five Arab countries, Freedom Survey, 2003

THE STATE OF FREEDOMS AND RIGHTS 99 EXTENT OF ENJOYMENT OF governance in Arab countries. FREEDOM AT THE TIME OF THE Interviewees’ opinions varied among the SURVEY (2003) five countries, reflecting their respective characteristics and situations (figure 3-6b). …the level of Interviewees in all five countries indicated enjoyment of that, in their view, the level of enjoyment of PERCEIVED CHANGE IN THE individual freedoms was comparatively high, ENJOYMENT OF FREEDOM IN individual freedoms whereas the enjoyment of ‘public’ freedoms CONTEMPORARY ARAB OPINION was comparatively was relatively low, especially as regards good governance. The Freedom Survey questionnaire, Annex 1, high, whereas the Freedoms of movement, marriage and contains questions on the interviewees’ percep- enjoyment of ‘public’ ownership of property, and the freedom of tion of the extent of change (improvement or ‘minorities’ to practice their own culture deterioration) in the enjoyment of the elements freedoms was headed the list of elements of freedom enjoyed of freedom during the five years preceding the relatively low. in the five countries. The existence of effective survey. opposition, the independence of the media and In the interviewees’ estimation, the state of the judiciary, transparency and accountability freedom in Arab countries has generally dete- of governance, and combating corruption were riorated during that period. They considered put at the low end of the scale of enjoyment. that enjoyment of most elements of freedom These results can be viewed as constituting deteriorated in the five years preceding the a set of priorities for the reform of freedom and survey with some improvements in individual Figure 3-6a Extent of enjoyment of the elements of freedom (%), average of five Arab countries (weighted by population), Freedom Survey, 2003

100 ARAB HUMAN DEVELOPMENT REPORT 2004 Figure 3-6b Extent of enjoyment of the elements of freedom (%), average of ﬁve Arab countries, Freedom Survey, 2003

freedoms. The results of this aspect of the greatest deterioration in five areas reflecting study are given in figures 3-7a and 3.7b.4 bad governance -- corruption, lack of transpar- Interviewees considered that the greatest ency and accountability in governance, lack Some of the results improvement had been achieved in the enjoy- of independence of the judiciary, inequality reflect the distinctive ment of individual freedoms regarding gender before the law and mounting poverty, figure equality and marriage, freedom of thought, 3-7a. characteristics of the freedom from ignorance and disease, freedom Some of the results reflect the distinctive various countries in of ‘minorities’ to practice own culture, and characteristics of the various countries in freedom of civil and co-operative organisa- which the survey was conducted (figure 3-7b). which the survey was tions. However, interviewees perceived the In general, the percentage of interviewees who conducted . 4 Ratios are calculated relative to the total number of interviewees (including missing observations), and arranged in figure 3-7b in descending order according to the relative importance in the Palestine survey.

THE STATE OF FREEDOMS AND RIGHTS 101 considered that the enjoyment of freedom had weaker opposition, less transparency, and little deteriorated was greater than the percentage possibility of holding authorities accountable Palestinian of those who considered that it had improved. or of combating corruption. interviewees’ This was especially marked among Palestin- Algerian interviewees, for their part, ian interviewees, whose answers reflected the perceived some gains in the freedom of mi- answers reflected the deterioration of their plight with respect to norities to use their language, while Lebanese deterioration of their occupation and foreign influence and freedom interviewees considered the situation had im- of movement within their country. In con- proved with respect to freedom of movement plight. trast, most Lebanese interviewees indicated within the country, equality between men and that in their view, there had been a relative women, and freedom of marriage. Moroccans improvement in their situation with respect alone considered that there had been some to occupation and foreign influence, prob- improvement in the effort to combat poverty. ably because of the Israeli withdrawal from They also stated that in their view, gender southern Lebanon. Lebanese and Palestinian equality had improved. interviewees alike complained of deterioration in the components of good governance citing

Figure 3-7a Perceived change in the enjoyment of elements of freedom (net %) during the ﬁve years preceding the survey, average of ﬁve Arab countries (weighted by population), Freedom Survey, 2003

102 ARAB HUMAN DEVELOPMENT REPORT 2004 Figure 3-7b Perceived change in the enjoyment of elements of freedom (net %) during the ﬁve years preceding the survey, average of ﬁve Arab countries, Freedom Survey, 2003

THE STATE OF FREEDOMS AND RIGHTS 103 Part II

Reinforcing Freedom and Establishing Good Governance

Section 3: The Societal Context of Freedom and Governance

This section aims at explaining the deficit in freedom and good governance in Arab countries at present through an analysis of the determi- nants of the state of freedom and governance covering the institutional (legal and political) structure and the societal context, including the external environment.

105

CHAPTER FOUR The Legal Architecture

Introduction flects a gap between international norms and national constitutions and one between those Among the institutional prerequisites of free- national constitutions and national laws. The dom and good governance, respect for the second set reflects a breach between interna- fair enforcement of a legal structure that pro- tional norms, national constitutions and na- tects liberties takes decisive precedence. An tional laws on the one side, and actual practice analysis of the legal structure of freedom and on the other. governance is therefore key in explaining the By no means all of the international human current deterioration in the status of freedom rights commitments of Arab states are incor- and governance in Arab countries. Chapter porated in domestic legislation or applied in Four traces and illustrates the origins of re- practice. Some Arab regimes seek to exonerate strictions on freedom that are embedded in themselves on the international stage and to the legal provisions of constitutions, and conceal violations of citizens’ rights by embrac- which impact the autonomy of legal institu- ing international human rights standards and Some Arab regimes tions. signing the appropriate treaties. In addition, This chapter explores two basic questions: many Arab constitutions contain safeguards seek to exonerate What are the salient features of Arab legisla- for citizens’ freedoms and fundamental rights, themselves on the tion on public freedoms and human rights? which are rarely fully reflected in ordinary leg- What key variations exist between different islation. Finally, many safeguards prescribed international stage legal standards? by ordinary legislation may not be respected in and to conceal The concept of freedoms and rights applied practice and are violated in the absence of any here is that of the various human rights instru- legal sanction or effective monitoring mecha- violations of citizens’ ments, including the UDHR, the ICCPR, the nisms. This is discussed in detail below. rights by embracing ICESCR and numerous conventions and declarations relating to different human rights. ARAB STATES AND international human In discussing Arab legal systems, we shall ex- INTERNATIONAL HUMAN RIGHTS rights standards. amine different levels of legislation beginning STANDARDS with international rules by which the Arab states are bound, followed by the rules of con- Arab states are bound by a number of the stitutional law, ordinary legislation, regula- principal international human rights instru- tory rules and ﬁnally the practices of various ments, some having ratified or signed two such State authorities, in particular the executive. key instruments, namely the ICCPR and the ICESCR. The United Arab Emirates, Bahrain, THE INSTITUTIONAL Saudi Arabia, Oman and Qatar, however, have ARCHITECTURE OF FREEDOM ratified neither, and the First Optional Protocol AND GOVERNANCE to the first Covenant1, providing additional rights for individuals, has been signed only Two sets of discrepancies commonly mar Arab by Algeria, Djibouti, Somalia and Libya. The legislation concerned with different levels of majority of Arab states have ratified the CAT, freedom and human rights. The first set re- apart from the United Arab Emirates, Syria,

1 The Protocols to human rights treaties are important in that they provide effective mechanisms to monitor human rights violations within the State, enabling individual victims to submit complaints of violations committed by the State directly to the specialized Committee.

THE LEGAL ARCHITECTURE 107 Iraq, Mauritania and the Sudan, which has, The proof lies in their position towards the however, signed it. Neither the Sudan, Somalia, rights enshrined in the ICCPR. While most Oman nor Qatar has signed the CEDAW. No have ratified the Covenant, they have not rati- Arab State has signed its Optional Protocol. fied its first Optional Protocol. This impedes Most Arab states have Only Jordan and Djibouti have ratified the the work of the Human Rights Committee Statute of the International Criminal Court, al- established under the Covenant, as it is thus shown no interest in though nine states have signed it, table 4-1. confined to considering the official reports acceding to international By and large, Arab states have paid scant of states on their implementation of the Cov- regard to International Labour Organization enant’s provisions and has no opportunity to conventions relating (ILO) conventions relating to trade unions, receive complaints of violations from citizens, to union rights and the freedom of trade union organization and whether directly or through non-governmental the protection of trade union rights, other than organizations (NGOs), when rights are vio- freedoms. in a few cases, and then mostly in connection lated by an Arab state which has not ratified with a limited number of conventions. Arab the Protocol. Furthermore, most Arab states states seem content to ratify certain interna- have shown no interest in acceding to the in- tional human rights treaties, but do not go ternational conventions relating to union rights so far as to recognize the role of international and freedoms. mechanisms in making human rights effective.

TABLE 4-1 Status of Ratiﬁcations of the Principal International Human Rights Treaties, January 2005 Optional Optional Optional Protocol Protocol Protocol to the to the to the Convention International Second Optional Convention Convention Convention on the Convention Optional Optional Protocol to the against against on the Rights of the on the Protocol Protocol International Convention Convention Torture and Torture and Rights of the Child- Protection of International to the to the Convention on the on the Other Cruel, Other Cruel, Child- the sale of the Rights of Covenant on International International International on the Elimination of Elimination of Inhuman or Inhuman or the involve- children, All Migrant Economic, Covenant Covenant Covenant Elimination All Forms of All Forms of Degrading Degrading Convention ment of child prosti- Workers and Social and on Civil and on Civil and on Civil and of All Forms Discrimination Discrimination Treatment Treatment on the children tution and Members Cultural Political Political Political of Racial against against or or Rights of in armed child por- of Their Rights Rights Rights Rights Discrimination Women Women Punishment Punishment the Child conﬂict nography Families Country (CESCR) (CCPR) (CCPR-OP1) (CCPR-OP2) (CERD) (CEDAW) (CEDAW-OP) (CAT) (CAT-OP) (CRC) (CRC-OP-AC) (CRC-OP-SC) (MWC) Algeria 12 Sep 89* 12 Sep 89 12 Sep 89* 14 Feb 72 22 May 96* 12 Sep 89 16 Apr 93

Bahrain 27 Mar 90* 18 Jun 02* 06 Mar 98* 13 Feb 92* 21 Sep 04* 21 Sep 04* Comoros 27 Sep 04** 31 Oct 94* 22 Sep 00** 22 Jun 93 22 Sep 00** Djibouti 05 Nov 02* 05 Nov 02* 05 Nov 02* 05 Nov 02* 02 Dec 98* 05 Nov 02* 06 Dec 90 Egypt 14 Jan 82 14 Jan 82 01 May 67 18 Sep 81 25 Jun 86* 06 Jul 90 12 Jul 02* 19 Feb 93* Iraq 25 Jan 71 25 Jan 71 14 Jan 70 13 Aug 86* 15 Jun 94 Jordan 28 May 75 28 May 75 30 May 74 01 Jul 92 13 Nov 91* 24 May 91 06 Sep 00** 06 Sep 00** Kuwait 21 May 96* 21 May 96* 15 Oct 68* 02 Sep 94* 08 Mar 96* 21 Oct 91 26 Aug 04* 26 Aug 04* Lebanon 03 Nov 72* 03 Nov 72* 12 Nov 71* 21 Apr 97* 05 Oct 00* 14 May 91 11 Feb 02* 10 Oct 01 Libya 15 May 70* 15 May 70* 16 May 89* 03 Jul 68* 16 May 89* 18 Jun 04* 16 May 89* 15 Apr 93* 29 Oct 04* 18 Jun 04* 18 Jun 04* Mauritania 17 Nov 04* 13 Dec 88 10 May 01* 17 Nov 04* 16 May 91 Morocco 03 May 79 03 May 79 18 Dec 70 21 Jun 93* 21 Jun 93 21 Jun 93 22 May 02 02 Oct 01 21 Jun 93 Oman 02 Jan 03* 09 Dec 96* 17 Sep 04* 17 Sep 04* Qatar 21 Aug 76a 10 Feb 00a 03 May 95 25 Aug 02a 18 Jan 02a Saudi Arabia 23 Sep 97* 07 Sep 00 22 May 02* 26 Jan 96* Somalia 24 Jan 90* 24 Jan 90* 24 Jan 90* 26 Aug 75 24 Jan 90* 09 May 02** Sudan 18 Mar 86* 18 Mar 76* 21 Mar 77* 04 Jun 86** 03 Aug 90 09 May 02* 02 Nov 04* Syria 21 Apr 69* 21 Apr 69* 21 Apr 69* 28 Mar 03* 19 Aug 04 15 Jul 93 17 Oct 03 15 May 03 Tunisia 18 Mar 69 18 Mar 69 13 Jan 67 20 Sep 85 23 Sep 88 30 Jan 92 02 Jan 03 13 Sep 02 UAE 20 Jun 74* 06 Oct 04* 03 Jan 97* Yemen 09 Feb 87* 09 Feb 87* 18 Oct 72* 30 May 84* 05 Nov 91* 01 May 91 15 Dec 04 Notes: The dates listed refer to the date of ratification, unless followed by: “*” signifies accession, “**” signifies signature only. Source: (Office of the United Nations High Commissioner For Human Rights).

108 ARAB HUMAN DEVELOPMENT REPORT 2004 LEGISLATIVE REGULATION Oman (1996) were slower to do so. All pro- OF FREEDOMS IN ARAB vide for the protection of public freedoms and CONSTITUTIONS human rights. Measures taken to include certain rights and freedoms in constitutions and har- monize them with relevant international instru- LAW AND JUSTICE, PUBLIC ORDER ments are a welcome development, but more AND NATIONAL SECURITY AS important is that they should be safeguarded EXCUSES TO LIMIT FREEDOM in ordinary legislation, together with the conditions that secure them in actual practice. Both the concept of People do not allow legislators to pass whatever Arab constitutions generally regard the public order and that laws they please, especially laws contradicting people as the source and holder of sovereignty, freedom, unless they live under a harsh or des- apart from the Constitutions of Kuwait, Jordan of national security potic governance regime. Indeed, justice, as a and Morocco, which employ the term “nation”, lend themselves to standard for evaluating legislation, occupies a which requires extending the circle of partici- clear and important place in public affairs and pation and strengthening accountability and abuse, if interpreted has been the subject of considerable philo- oversight. Popular sovereignty theoretically wilfully. sophical, religious, moral and legal discussion increases opportunities for the people to have a down the ages. say in the management of public affairs. The standards and instruments of justice Arab constitutions refer to the principle of and freedom, as enshrined in the international equal rights and public duties before the law legal and human rights system, have evolved and to the protection and assurance of fun- from the laborious endeavours of humanity to damental rights and freedoms. The substance develop a normative framework that controls of those rights, however, varies along with the the national legislator. The latter is not at lib- scope of freedom and protection in accordance erty to bend the law to serve autocrats and vio- with each state’s cultural and liberal heritage, late human rights and public freedoms. Right the extent to which it adopts the principles of is always above the legislative authority. democracy and civil and political freedoms, Nevertheless, many national legal systems and the overall religious or secular inﬂuence twist various concepts to circumvent freedom on the state’s system of governance. The provi- and justice. These systems often invoke higher sion for freedoms in national constitutions is national considerations, which are held up an essential stage in the ascent of freedom to as sacrosanct even if they affect the rights the point where it is constitutionally regulated, and freedoms of the public and individuals. the constitution being the primary legal instru- Both the concept of public order and that of ment in the hierarchy of legal rules. national security lend themselves to abuse, if Arab constitutions commonly prioritize interpreted wilfully. Invoking public order, the rights and freedoms, placing them after the Arab constitutions State can limit civil and commercial freedoms. preamble and the initial section on fundamen- generally regard By citing national security, it can justify any tal provisions and principles. Some countries, action it wishes, even those that infringe indi- however, have gone further and, have explicitly the people as the vidual freedoms. declared their commitment to the rights con- source and holder of tained in international instruments, as decreed OVERVIEW OF ARAB in article 5 of the Constitution of Yemen and sovereignty. CONSTITUTIONS the preamble to the Constitution of Morocco.

The move to adopt constitutions as high-level FREEDOM OF OPINION AND legal instruments to which all state authorities EXPRESSION are subject and by which state legislation is governed has extended to all Arab countries, Many Arab constitutions2 include special pro- though some such as Saudi Arabia (1992), and visions on freedom of thought, opinion and

2 The Constitutions of Tunisia (article 8), Algeria (article 30), Morocco (section 9), the Sudan (section 1), Jordan (article 15), Kuwait (article 36), Yemen (article 26), Mauritania (article 10), the United Arab Emirates (article 30), Egypt (article 47), Bahrain (article 23) and Lebanon (article 13).

THE LEGAL ARCHITECTURE 109 belief, varying from concise to detailed refer- of regulation. ences, according to the general style of the con- The constitution may also stipulate numer- stitution itself. Few constitutions contain no ous restrictions on the right of association in reference to freedom of thought and opinion, order to safeguard national security or national although the Interim Constitution of Qatar, unity. The Egyptian Constitution thus recog- The Saudi Arabian (article 13) simply states: “Freedom of publica- nizes citizens’ right to form associations in the Basic Law adopts tion and the press is guaranteed in accordance manner prescribed by law and prohibits the with the law.” The Saudi Arabian Basic Law establishment of associations that are inimi- an extremely adopts an extremely conservative approach cal to the order of society, secret or military in conservative approach to freedom of opinion and expression, stipu- nature. The Tunisian Constitution guarantees lating, in article 39, that the information and the freedom to establish associations, pro- to freedom of opinion publishing media, as well as all other means of vided it is exercised as regulated by law, and and expression. expression, shall employ courteous language also recognizes trade union rights. The Syrian and comply with state regulations. Constitution guarantees citizens’ right of association and peaceful demonstration within FREEDOM TO FORM the framework of its principles, provided that ASSOCIATIONS AND FREEDOM OF the exercise of that right is regulated by law. PEACEFUL ASSEMBLY The Bahraini Constitution provides that: “The freedom to form associations and trade unions Arab constitutions contain special provisions on national principles, for legitimate objec- on freedom of peaceful assembly, association tives and by peaceful means, is guaranteed in and affiliation. The overall concept of associa- accordance with the terms and conditions pre- tion also includes political associations (par- scribed by law, provided that the foundation of ties) and professional associations (unions). religion and public order is not undermined…” The right to form and join associations is Other Arab constitutions, however, make no essential to the exercise of freedom of opinion provision for the right to form associations Some regimes, forced and expression, as well as to other freedoms (and trade unions), despite providing for most and rights which people sharing the same opin- to abandon the one- political freedoms, as in the Constitutions of ions or interests cannot fully exercise without Oman, Qatar and Saudi Arabia. party system for joint efforts. A study of the relevant Arab constitutional texts, however, reveals discrepancies FREEDOM TO FORM POLITICAL pluralism…took care between the provisions which encompass those PARTIES to place restrictions on rights; some constitutions provide for the right of association, without mentioning parties or The right to form political parties is permitted the exercise of such trade unions, as in article 33 of the Constitution in 14 Arab countries. Libya and the member freedoms. of the United Arab Emirates. Others elaborate in more detail on the freedom to form associa- states of the Gulf Cooperation Council (Saudi tions and unions but remain silent about the Arabia, the United Arab Emirates, Qatar, freedom to form political parties, as in article Bahrain, Kuwait and Oman) prohibit the for- 27 of the Constitution of Bahrain. mation of political parties. Some states, which, Arab constitutions assign regulation of for many decades, adhered to the one-party the right of association to ordinary legislation, system have moved towards establishing the which tends to restrict the right under the guise multiparty system in their constitutions. While this is an advance towards democracy and plu- BOX 4-1 The right to form political parties ralism, it is hampered by lingering traces from the restrictive one-party phase, which detract Setting up a political party is not fun- spect the law has no function other than damentally contingent on a permit being to regulate the exercise of this right and from these constitutions. issued by the [executive] authority when to provide it with the necessary elements Some regimes, forced to abandon the one- and as it wishes and withdrawing the and conditions. party system for pluralism at the end of the permit when the party falls from favour. Extract from the Administrative 1980s, also took care to place restrictions on It is a fundamental right deriving directly Court judgement in Case no 115, judicial from the Constitution and other legal year 38, New Wafd Party v. the Govern- the exercise of such freedoms, with the result texts deﬁning the conditions. In this re- ment, Egypt. that pluralism was in fact a continuation of the

110 ARAB HUMAN DEVELOPMENT REPORT 2004 one-party system, as in Tunisia after 7 Novem- trial, and objective safeguards embodied in the ber 1987. In some constitutions, moreover, requirement to respect a number of objective the provisions relating to pluralism were principles during trial. ambiguous and open to interpretation, as in Recognizing that the independence of the the Permanent Constitution of Egypt of 1971. judiciary is an important institutional safe- Although amendments made in 1980 to article guard to protect freedom, the international 5 stipulated that “the political system in the community has devoted considerable attention Arab Republic of Egypt shall be established on to the principle. The 1983 World Conference a multiparty basis”, the Constitution continued on the Independence of Justice, in Montreal to refer to the coalition of the people’s work produced the Universal Declaration of the In- The independence force, representing the theoretical basis of the dependence of Justice, which sets out detailed of the judiciary is an sole political organization (the Arab Socialist requirements for the independence of the ju- Union). This type of constitutional ambiguity diciary. The most important elements include important institutional is clearly attributable to the changes that oc- that judges shall be free to decide matters im- safeguard to protect curred in the political and economic spheres, partially in accordance with their assessment but with no accompanying amendment of of the facts and their understanding of the law freedom. constitutional values to reflect those changes. without any restrictions, pressures, threats or Certain constitutional provisions therefore fail interference, direct or indirect, from any quar- to reflect the current reality. ter; and the judiciary shall be independent of the executive and the legislature. THE HUMAN RIGHT TO The Seventh United Nations Congress on LITIGATION AND THE PRINCIPLE the Prevention of Crime and the Treatment of OF THE INDEPENDENCE OF THE Offenders (Milan, 1985) also adopted the Basic JUDICIARY Principles on the Independence of the Judici- ary and called for them to be implemented at the national and regional levels. These Princi- The international perspective and the Arab ples are similar to those of the Montreal Decla- constitutional reality ration, most importantly the principle that the Heading the list of civil rights is the human judiciary shall have exclusive authority to de- right to litigation, together with the associated cide whether a case submitted for its decision guarantee of the independence of the judiciary is within its jurisdiction as defined by law. The and assurance of the necessary procedural safe- fifth principle also provides that everyone shall guards that secure the right to a fair trial, in ac- have the right to be tried by ordinary courts Judges shall be free or tribunals using fair legal procedures and cordance with articles 8 and 10 of the UDHR. to decide matters (Annex 3) that no tribunals shall be created that do not Similarly, article 14 of the ICCPR sets out apply the duly established procedures of the impartially…without in some detail the elements of the human right legal process. The seventh principle calls for any restrictions, to litigation and the safeguards of that right in the provision of adequate resources to enable terms of the principle of equality before courts the judiciary to properly perform its functions. pressures, threats or and tribunals, the right to a public hearing, the Principles guaranteeing the independence interference, direct impartiality and independence of the judiciary, of the judiciary can generally be divided into the right of defence and legal assistance, pre- those relating to the independence of the ju- or indirect, from any sumption of innocence and other principles re- dicial authority and those relating to judges as quarter. quired to make the right to fair trial operative. individuals. As an independent authority, the Fair trial safeguards can generally be di- judiciary’s affairs are managed by a supreme vided into three closely related and interde- council composed of judges, which has exclu- pendent categories: institutional safeguards sive authority over all matters relating to the embodied in the principle of the independence budget, determining judges’ remuneration, the of the judiciary, procedural safeguards set down appointment, discipline and transfer of judges, in a body of procedural principles essential to allocation of work and all other matters relat- protect the rights of litigants and the fairness of ing to the administration of justice, without

THE LEGAL ARCHITECTURE 111 interference from the executive. The judicial poena sine lege) that clearly and unquestion- authority is embodied in the natural judici- ably covers the conduct which is the subject ary, which alone has jurisdiction to examine of the criminal offence; penal law shall be lawsuits. Consequently, no form of exceptional non-retroactive; the right of the accused to ap- judiciary that displaces the jurisdiction belong- plication of the most appropriate law; freedom ing to the judiciary can be created. of defence and the guaranteed right to defence; The independence of Judges as individuals are independent in punishment shall fit the crime; and the opera- the judiciary should discharging their duties, which may under tion of all such principles within the overall no circumstances be subject to any form of framework of human rights principles, in par- not be seen as an interference or influence. They may not be ticular equality and the sovereignty of the law. end in itself. It is intimidated by punishment or induced by On paper, Arab constitutions encompass reward to settle disputes in a certain manner. most of these principles and rules, following a prerequisite for Consequently, judicial office may not be com- a consistent line on the independence and ensuring the right to bined with any executive and political office, inviolability of the judiciary, that judges are to ensure that judges are removed from any independent and, in their administration of fair trial. context of partiality and bias. Judges cannot be justice, subject to no authority other than dismissed for reasons other than disciplinary; the law. Some constitutions even elaborate at additional safeguards are as indicated above. length, highlighting the status of judges, the The independence of the judiciary should importance of their independence and the not be seen as an end in itself. It is a prereq- rights of litigants, as in the Egyptian Constitu- uisite for ensuring the right to fair trial, a right tion, which devotes the whole of chapter IV, that obtains in no other way, even if other con- consisting of nine articles (articles 64-72), to ditions for a fair trial are satisfied. the subject. Article 147 of the Yemeni Consti- Procedural safeguards for the right to tution provides for the independence of both fair trial can be summed up in a number of the judiciary as an authority and judges as principles: there shall be no criminal punish- individuals, stipulating that: “The judiciary is ment unless a final judgement is rendered by a an independent judicial, financial and admin- properly constituted judicial court; crime and istrative authority and the Office of the Public punishment are personal; trials shall be con- Prosecutor is one of its organs. The courts shall All Arab judicial ducted without undue delay; no one may be assume responsibility for the settlement of all systems have lost tried or punished twice for the same act; trials disputes and offences and judges shall be inde- shall be heard in public; the principle of oral pendent and subject to no authority other than their independence proceedings and the right of litigants to attend the law in their administration of justice. No to some degree or trial proceedings (the principle of appearing in party may in any way interfere in lawsuits or other by virtue of the person); trial proceedings shall be recorded; in any affair of justice. Such interference shall and shall be restricted by the boundaries of be regarded as an offence punishable by law executive’s historical the case, whether in terms of the persons con- and legal proceedings relating to such offences domination over Arab cerned or its subject matter; the right to appeal shall not lapse by statute of limitation.” against judgements before a higher court; and It is interesting to note that while a number society. the principle that the appellant shall not be of Arab constitutions refer to the independ- prejudiced by her/his appeal. ence of judges and not to the independence The most important objective principles of the judiciary, others3 do refer to the inde- guaranteeing the right to a fair trial, include: pendence of the judiciary. Such variations are, presumption of innocence, or, in other words, however, of little significance, since all Arab innocence as the rule; there shall be no crime judicial systems have lost their independence and no punishment other than in accordance to some degree or other by virtue of the execu- with a pre-existing law (nullum crimen, nulla tive’s historical domination over Arab society

3 The Yemeni Constitution, the Saudi Arabian Basic Law and the Syrian Constitution, do refer to the independence of the judiciary (compare, for example, article 97 of the Jordanian Constitution, article 96 of the Tunisian Constitution, article 82 of the Moroccan Constitution, article 94 of the Constitution of the United Arab Emirates and article 104 of the Constitution of Bahrain, which refer to the independence of judges or the judiciary, with article 46 of the Saudi Arabian Basic Law, which provides that the judiciary is an independent authority and that judges shall be subject to no authority in their administration of justice other than that of Islamic law (Shari’a), article 165 of the Egyptian Constitution, which provides that the judiciary is independent, and article 131 of the Syrian Constitution, which also provides that the judiciary is independent and that this is guaranteed by the President of the Republic).

112 ARAB HUMAN DEVELOPMENT REPORT 2004 and its sway over both the legislature and the protection of public freedoms, human rights judiciary. and guarantees for the rights of defence. The While they may contain significant independence of the legal profession and the provisions establishing the principle of the freedom of lawyers has been a subject of signifi- independence of judges, Arab constitutions cant interest to the international community; as nevertheless maintain the executive pres- early as 1955, the International Commission of ence within the judiciary and its institutions. Jurists organized a conference in Athens to ad- Hence, not only are judgements delivered dress key issues on the rule of law, and which and enforced in the name of the head of state issued a declaration that: “Lawyers of the world Arab constitutions (of whatever designation or title), but also the should preserve the independence of their pro- head of state is additionally vested with the fession, assert the rights of the individual under nevertheless maintain right to preside over the constitutional bod- the Rule of Law…”. In Oslo, the Congress of the executive’s ies that oversee the judiciary. Morocco is an the Union Internationale des Avocats adopted presence within instance: article 86 of the Constitution (1996) a resolution introduced by the Arab Lawyers’ provides that: “The King shall preside over Union, urging international organizations to the judiciary and its the Supreme Council of the Judiciary…”. The launch a wide-ranging campaign to defend the institutions. King also appoints judges by royal decree at independence of the legal profession and the the proposal of the Supreme Council of the freedom of lawyers. The Universal Declaration Judiciary (article 84). Meanwhile, article 173 on the Independence of Judges (Montreal, of the Egyptian Constitution provides that 1983), the third section of which is devoted the President of the Republic shall preside to principles guaranteeing the independence over the Supreme Council of Judicial Organs. of the legal profession and the freedom, safe- Article 100 of the Sudanese Constitution also guards and rights of lawyers was a major inter- provides that the judiciary is responsible for its national achievement for the legal profession. actions before the President of the Republic The Seventh United Nations Congress on and article 132 of the Syrian Constitution the Prevention of Crime and the Treatment provides that the President of the Republic of Offenders (Milan, 1985) produced recom- shall preside over the Supreme Council of the mendations relating to the legal profession that Judiciary. Other examples of the unbalanced called for lawyers’ protection from restrictions relationship favouring the executive over the and controls that could influence their defence judiciary will be discussed when we examine of their clients. They also called for greater at- legislative violations and the social reality of tention to lawyers’ training and strengthening the independence of the judiciary. professional skills. Many Arab constitutions also stipulate Independence of the legal profession is Historically, certain safeguards for fair trial, such as the principles generally understood to include independence of criminal legitimacy in particular and the fair- of the professional institution and lawyers as Arab regimes were ness of trial in general. In the absence of either, professional practitioners of the right of de- hostile to lawyers’ a trial is rendered unlawful and unfair, in addi- fence. The independence of the professional tion to which any completed trial proceedings institution guarantees lawyers the right to form unions, a position are invalid and both procedures and any judge- an independent professional union free from not unrelated to their ments handed down are void. They are also State interference. The independence of the rendered ineffective, if delivered pursuant to lawyer in exercising her/his profession requires hostility towards procedures incompatible with the principles of a body of legal safeguards to enable her/him to freedoms in general. the rights system stipulated in the constitution, fulfil the duty of defence. and they are regarded as a violation of human Some Arab states still do not permit rights before the judiciary. lawyers’ unions or associations to be set up. Historically, certain Arab regimes were hostile The legal profession and public freedoms to lawyers’ unions, a position not unrelated to their hostility towards freedoms in general. Independent, proficient lawyers give substance One example is the Egyptian Government’s to the legal profession’s obvious concern with intervention in the 1980s to dissolve the Bar

THE LEGAL ARCHITECTURE 113 Council of the Egyptian Bar Association and and Algeria (article 30). In addition, some conform a council to manage the Union’s affairs stitutions allow for its forfeiture and provide (under Act No. 125 of 1981). Libya had al- the conditions required, as in Qatar (article 4), ready abolished the legal profession as such, Oman (article 15), the United Arab Emirates eliminating the Bar Association under Act (article 8) and Kuwait (article 27). No. 3 of 1981, while the Syrian authorities had It is generally recognized that standards promulgated Legislative Decree No. 39 of 21 for conferring the original nationality vary August 1981 regulating the legal profession so between the right based on blood relations as to place it under excessive constraints. (i.e. with either parent holding the nationality In Arab legislation the presence of a lawyer of the state) or on the basis of the actual place Many who join the at the preliminary investigation is not consid- of birth. A new trend is emerging in some Arab legal profession lack ered mandatory, other than for a number of countries of granting original nationality to the major criminal offences (felonies). The dif- children of a mother bearing the nationality of proficiency. ferent forms of exceptional judiciary impose the state. This is commendable as it recognizes restrictions on lawyers’ exercise of the right to the principle of equality between mother and defence as well as on the right of appeal. father in securing the nationality of their chil- Some Arab legal and judicial systems suf- dren and ends the misery that arises from the fer structural defects, with poor standards of state denying nationality to the children, where education in law faculties given the massive the mother is married to a foreign national. increase in the number of students, so that many who join the legal profession lack pro- PERSONAL RIGHTS ficiency. Other defects include corruption in the administrative apparatus supporting the Civil rights also include those affecting the per- courts, all of which contributes to denying the son, private life and dignity of the individual. Arab citizen’s right to litigation and appropri- International standards emphasize respect for ate legal advice to permit the full exercise of these rights, as in article 17 of the ICCPR, which the right of defence. states that: “No one shall be subjected to arbi- Most Arab states have no effective systems trary or unlawful interference with his privacy, of legal aid for the needy, even if guaranteed family, home or correspondence, nor to unlaw- under constitutional or legislative provisions. ful attacks on his honour and reputation.” In reality, the least financially able are also the Arab constitutions variously address these least able to enjoy the right of defence or ben- rights in brief or in detail. All agree on the need efit from appropriate legal advice. to safeguard the inviolability of the home and the freedom of different types of correspond- RIGHT OF NATIONALITY ence, but matters other than honour are not Most Arab states have encompassed within their protection. Some, no effective systems Nationality is one of the more complex areas of like the Egyptian Constitution (articles 41-45) civil rights. It gives a person the legal status that and, to a lesser degree, those of Algeria and So- of legal aid for the confers rights and duties and helps her/him to malia, contain more detailed safeguards, pro- needy. acquire full citizenship. International instru- viding that homes shall not be searched other ments therefore prescribe that: “everyone has than with the occupants’ consent or in cases of the right to a nationality” and that “no one utmost necessity as designated by law or with shall be arbitrarily deprived of his nationality a written warrant by the competent judicial nor denied the right to change his nationality.” authority. They also contain special provisions There is a noticeable difference between the on freedom of movement and choice of place status of this right and the situation of those of residence, although most invest the legisla- who benefit from it in Arab countries; some tor with considerable authority to restrict the constitutions remain silent on the subject, exercise of such freedom by means of the law. while others refer the matter of its regulation to In rare exceptions, the judiciary is empowered the law, as in Egypt (article 6), Lebanon (article to consider and rule on the lawfulness of the 6), Jordan (article 5), Saudi Arabia (article 35) authorized grounds for restriction.

114 ARAB HUMAN DEVELOPMENT REPORT 2004 Other rights, no less important, include the shall the enactment of laws which so permit”, right to establish a family: the right of men and was replaced with article 49 which provides women to marry without discrimination, to that “punishments may not be enforced by un- enjoy the entitlements of marriage and to own lawful means and the matter shall be regulated and inherit property. A number of Arab con- by law.” This essentially undermines the prin- stitutions accord the family a distinct status, re- ciples of the legality of crime and punishment, A number of Arab garding it as the basis of society, and emphasize and equality before the law, since criminaliza- constitutions contain the duty to ensure its preservation, safeguard it tion and punishment become dependent on from disintegration and breakdown, secure the subjective interpretations of Shari’a. provisions that conflict conditions for its survival and for its harmony A further example is provided by article with international with public order and the system of civilized 26 of the Saudi Arabian Constitution (Basic and moral values. Law), which provides that the state protects human rights human rights in accordance with religious law principles. CONSTITUTIONAL VIOLATIONS (Shari’a), without specifying what is meant by OF HUMAN RIGHTS religious law. Does this mean those Islamic schools of law that promote justice, equality, A number of Arab constitutions contain pro- reason and respect for human dignity? Or visions that conflict with international human does it refer to the doctrines of Islamic ju- rights principles by assuming an ideological risprudence, which may be understood only or religious character that removes public within their cultural and historical context rights and freedoms or permits their removal. and which give rise to various forms of conflict The amendments to the Yemeni Constitution between them and present-day human rights of 1994 illustrate this. They strike at the very principles? core of the principle of the legality of crimes The above observation on the amendment and punishments and the right to fair trial. As to the Yemeni Constitution applies equally The confusion an example Article 46 was introduced to re- to article 38 of the Saudi Arabian Basic Law, between religion and place article 31, which originally provided that which provides that there shall be no crime “there shall be no crime and no punishment and no punishment other than in accordance state is nowhere more other than as stipulated by law”, the new pro- with a provision of religious law (Shari’a) or clearly demonstrated vision stipulates that “there shall be no crime statutory law, without specifying what is meant and no punishment other than on the basis of a by a provision of religious law. than in articles 4 and provision of religious law (Shari’a) or law.” The confusion between religion and state is 18 of the Sudanese There is no objection here to the principle nowhere more clearly demonstrated than in ar- that provisions of Shari’a should be a source of ticles 4 and 18 of the Sudanese Constitution of Constitution of 1998. legislation prescribing crime and punishment, 1998. Article 4 provides that God, the Creator but rather that the discourse is directed to of humankind, holds supremacy over the State, the judge, instead of the legislator. Investing without specifying the meaning of supremacy. discretionary powers in the judge to interpret Governance practice apparently sanctioned by the Shari’a text and choose among the multiple God is likely to be immune to criticism and op- opinions of jurisprudence, entails a lack of position (Box 4-2). legal precision. It is imperative, therefore, that BOX 4-2 the constitution of those states which adopt the Constitutional restrictions on rights Shari’a, stipulate the principle that there is no The citizen pledges his allegiance to the King on the Book of God Almighty and the crime or punishment other than prescribed by Custom of His Prophet, to obey his least command in destitution and in prosperity law. Thus the legal text will be in harmony with and under any adverse circumstances. the Shari’a, given that the constitution has pro- (Article 6 of the Basic Law of Saudi Arabia) vided that Shari’a is a source of legislation. Workers for the State and in public life shall observe at all times the subservience of Furthermore, article 33 of the Yemeni the latter to the worship of God, Muslims adhering in this regard to the Book [of God] constitution, which originally provided that and the Custom [of the Prophet], and all workers preserving an intention for godliness and maintaining this spirit in their conduct of plans, laws, policies, and official busi- “repugnant and inhuman methods of enforc- ness. This is applicable to the political, economic, social, and cultural spheres. ing punishments shall not be permitted, nor (Article 18 of the Sudanese Constitution)

THE LEGAL ARCHITECTURE 115 Where certain Arab states consider Shari’a Socialist Public Prosecutor, and article 183, as a source of legislation, this does not con- on military courts, referring their regulation stitute in itself a violation of human rights and the definition of its jurisdiction to the principles, provided that those principles, law, without stipulating further details. This intentions and interpretations of the Shari’a contrasts with the Constitution of Bahrain, Ar- that favour freedom and equality (of which ticle 105b, which states that the jurisdiction of there are many), are those employed. Oppres- the military courts is limited to military crimes sive rulers should be prevented from making committed by members of the Defence Force, Constitutional use of the Shari’a as a pretext to conceal their the National Guard, and the Public Security provisions for tyranny, as various other pretexts have been forces and does not extend to others except exploited in different historical contexts. Ac- on the declaration of martial law. Article 122/3 the creation of cording to contemporary scholarship (ijtihad) of the Sudanese Constitution is similar to the exceptional courts on this issue there is no contradiction between Egyptian Constitution. Shari’a and human rights, as the intentions of further illustrate the Shari’a are in harmony with international LEGISLATIVE RESTRICTIONS the constitutional human rights law. ON HUMAN RIGHTS IN ARAB The constitutional violation of human LEGISLATION violation of liberties rights may assume a confessional shape, as il- and human rights. lustrated by article 24 of the Lebanese law, Clearly, Arab constitutional provisions for which provides that parliamentary seats in the rights and freedoms do not reflect the same Council of Deputies shall be divided on a reli- comprehensive and effective level typical of gious and confessional basis. Article 95 of the international instruments. The Arab consti- Constitution adopts the same criterion dealing tutional legislator is always careful to leave a with the highest positions (among citizens) of loophole by referring regulation of rights and the State This situation arises from the legacy freedoms to ordinary legislation so that the na- of historical and political circumstances ex- tional legislator may violate these same rights perienced by the Lebanese legislator and the and public freedoms. In fact the legislative text various sectors of the people of Lebanon at a frequently goes far beyond regulating rights particular stage in their history. With the Con- and freedoms to the extent of restricting them, stitution of 1990 the legislator took the com- if not removing them altogether. Where the mendable course, with the intent of putting an constitutional text therefore provides rights end to sectarianism. and freedoms - notwithstanding that they may Constitutional violations of human rights at times be inadequate – it simultaneously de- The Arab can also take the form of an ideological bias, prives them of much of their worth, turning which excludes differing opinions or political them into a mere facade before the interna- constitutional affiliations. For example, article 8 of the Syr- tional community in a display that is empty of legislator is always ian Constitution, affirms the Ba’th party as the any real substance. In other words, the consti- leadership of society and the state, meaning tution becomes a front for the legislative viola- careful to leave that the multiparty system has no consti- tion of freedoms and human rights. a loophole… so that tutional legality. The same applies to those constitutions where freedom of expression LEGISLATIVE RESTRICTIONS the national legislator and criticism, contingent on criticism being ON THE RIGHT OF PEACEFUL may violate rights and constructive and that it guarantees the integ- ASSEMBLY rity of the national and pan-Arab structure and public freedoms. promotes the socialist system. Arab countries provide many examples of Constitutional provisions for the crea- legislative violations of human rights, some of tion of exceptional courts further illustrate which are reviewed here. the constitutional violation of liberties and Examples include provisions which pro- human rights. Examples include article 171 hibit or restrict exercise of the right to strike, of the Egyptian Constitution, which provides demonstrate, hold mass gatherings or assemble for state security courts, article 179, on the peacefully and which clearly show that Arab

116 ARAB HUMAN DEVELOPMENT REPORT 2004 authorities live in fear of the Arab street. In BOX 4-3 Egypt, the Assembly Act No. 10 of 1914 penal- Restrictions on the rights to assembly and association izes gatherings of five or more persons (Box 4-3). Anyone who is present in a gathering on the public highway consisting of at least five persons shall be punished, even if no crime is committed, if a representative of the Pub- The Meetings and Demonstrations Act lic Authority believes that public peace may as a result be endangered and if he orders No. 14 of 1923 requires advance notifica- the members of the gathering to disperse and they do not comply. tion to the police of any meeting. The police (Article 2, Public Assembly Law No. 10, 1914, Egypt). are empowered to ban a meeting from taking place and always have the right to be present The holding or organization of a public meeting is not permitted without previously obtaining a permit for that purpose from the Governor in whose area of authority the at a meeting, choose the venue and disperse a meeting will take place, and all public meetings that are held without a permit will be meeting. Electoral meetings are confined by prevented and dispersed. law to a brief period extending from the day (Article 4, Decree Law concerning the holding of public meetings and assemblies, Kuwait) when voters are called to the day of election, thus diminishing the importance of such meet- predominantly governmental in its composi- ings. The police also have the right to ban an tion, before any party can be established. The electoral meeting from taking place and to dis- committee’s decisions may be appealed before perse it if it is convened. In Jordan, the Interim the Supreme Administrative Court, which, ex- Public Meetings Act No. 45 of 2001 regulates ceptionally, consists of both judicial and non- public meetings and marches, for which prior judicial members, and its rulings final and not authorization is required from the competent subject to any appeal. administrative governor, whose decision on To establish a political party in Jordan the matter is not subject to any judicial author- the law requires prior authorization from the Arab authorities live in Interior Minister, who has the right to refuse, ity. The police also have the right to be present fear of the Arab street. at and disperse meetings, as well as break up and party founders have the right of judicial marches. The Jordanian Penal Code similarly appeal against such refusal. The party may not provides for the offence of assembly (articles publicly declare itself or pursue its activities 164 and 165). Other Arab legislation is similar, until either the Minister has approved it or with varying details regarding bans on public the court has ruled to revoke the Minister’s meetings, requirements of prior authorization refusal. In Yemen, prior authorization must for public meetings and demonstrations and be obtained from the Committee on Party the powers of the executive to disperse such Affairs and Political Organizations, largely an events and impose penalties for violations (see administrative body, which may oppose the Royal Decree No. 377 of 1958 in Morocco, Act establishment of the party. In such case the No. 18 of 1973 in Bahrain, Act No. 65 of 1979 party founders are entitled to appeal by all in Kuwait, section 13 of the Qatari Penal Code, legal means. The Moroccan legislator adopts a Act No. 29 of 2003 in Yemen and article 335 of more liberal approach: part IV, sections 15-20, the Syrian Penal Code, pursuant to which any of the law in question regulates political parties meeting of a non-private nature is deemed by and politically oriented associations, requiring The police have the law to be a form of stirring up unrest). only notification of a political party being established (section 15). right to be present In Syria, maximum restrictions apply, with LEGISLATIVE RESTRICTIONS at and disperse ON THE RIGHT OF POLITICAL no recognition of party pluralism. Act No. 53 ORGANIZATION of 1979 regulates the protection of the Arab meetings, as well as Socialist Ba’th Party, the only political party break up marches. In addition to those constitutions which ban or for which the Constitution makes provision. place restrictions on the right to form political The Arab Socialist Ba’th Party is the leading parties, as illustrated above, we find legislative party for society and State (Article 1). Any restrictions limiting this right even in countries party member who belongs to another political whose constitutions prescribe the multiparty organization is punished by imprisonment of system. In Egypt, the law requires prior au- five to ten years (Article 5/a). Any person who thorization from the Party Affairs Committee, infiltrates the party ranks with intent to work

THE LEGAL ARCHITECTURE 117 for the benefit of any other political or party legislation requires advance notice of public organ receives the same punishment (article benefit associations and that they be licensed. 5/b). Under Law No. 49 of 8 July 1980, any All Arab legislation, apart from Moroccan and person belonging to the Muslim Brotherhood Lebanese, requires private associations to have a is a criminal and punished by the death pen- prior licence with many imposing stiff penalties alty. Act No. 263 of 19 July 1960, disbands on those carrying out activities without licence. Baha’i assemblies and Legislative Decree No. Restrictions are imposed on associations’ right 47 of 9 May 1967 disbands the Association of to receive donations, particularly from foreign Islamic Guidance. entities, where prior approval from the execu- There is no legal Political parties in Tunisia are regulated by tive is mandatory. Affiliation with foreign as- Basic Law No. 32 of 1988, which requires prior sociations is also forbidden without executive regulation of the authorization by the Interior Minister, who is approval. In most Arab countries, associations freedom to form entitled to object (Article 8). Appeals against are subject to daily monitoring of their activi- a refusal are permissible before a special divi- ties, and in some cases the executive can object parties in Arab Gulf sion of the administrative court, composed to decisions taken by associations. Most legisla- states since parties of judicial and non-judicial members, whose tion permits the administrative dissolution of decisions are final and not liable to any form of associations or management structures or pro- are illegal. appeal (Article 10). vides for a temporary board of management to There is no legal regulation of the freedom be imposed, while in other cases the judiciary to form political parties in Arab Gulf states, may dissolve an association at the executive’s since parties are illegal. In most Arab states, request. Clearly then, both the establishment the law imposes restrictions on political party of civil associations and their activities are financing, either proscribing or setting heavy heavily circumscribed and subject to rigorous restrictions and controls over acceptance of control in Arab countries, with few exceptions, donations from any foreign person or public such as Morocco and Lebanon. bodies corporate, (Egypt, Jordan, Morocco, Tunisia and Yemen). Other laws contain RESTRICTIONS ON FREEDOM OF vaguely worded conditions concerning party OPINION, EXPRESSION AND THE activity, permitting the state to exercise its PRESS IN ARAB LEGISLATION power to dissolve a party whenever it considers the conditions have been breached. (Yemeni Press freedom is blocked or curtailed in Arab law, for example, stipulates that parties must countries under the guise of regulating laws not undermine the people’s Islamic faith or that permit prior or other newspaper censor- Both the engage in any activity opposed to the aims of ship. Laws impose restrictions on the right the Yemeni revolution). Most legislation con- to publish newspapers by requiring a licence establishment of civil tains provisions empowering the executive to whose withdrawal or threat of withdrawal associations and their seek the dissolution of a party through a court is used by the executive to deter newspapers ruling. from crossing the set boundaries of freedom of activities are heavily Given that most courts considering party expression (articles 24 and 32 of the relevant circumscribed and affairs can hardly be said to be independent, it legislation in the United Arab Emirates, arti- is safe to say that the power to dissolve a party cle 13 of the legislation in Kuwait, article 44 subject to rigorous rests with the executive. of the legislation in Bahrain; similar provisions control in Arab are contained in other Arab legislation). Not LEGISLATIVE RESTRICTIONS a single Arab regime can be said to have a lib- countries. ON FREEDOM TO FORM eral approach towards newspaper publication: ASSOCIATIONS in 15 Arab states the law requires prior licence or authorization and also restricts the freedom In imposing restrictions on the freedom to to publish newspapers. The following obser- form and establish associations, Arab legisla- vations concern laws regulating freedom of tion makes a distinction between charitable expression, publication and the press in Arab associations and other associations. All Arab countries:

118 ARAB HUMAN DEVELOPMENT REPORT 2004 Pre-censorship and suspension by terest considerations above freedom, diversity administrative decision and respect for human rights. The result is that Arab legislation is full of provisions which The Arab legislator believes that media of regard newspaper publication, audio-visual expression and information transfer can be broadcasting and the free exercise of expres- substantially controlled by public authority sion in general as highly dangerous activities agencies and has yet to grasp that, thanks to warranting a panoply of bans, restrictions and modern technology, the potential to control deterrent sanctions, all to preserve what the leg- freedom of opinion and expression is steadily islator believes to be in the public interest, for diminishing. A survey of legislation in 19 Arab national security, doctrinal purity or the ideo- states reveals that pre-censorship of newspa- A survey of logical or sacrosanct constants of the nation. pers is imposed in 11 cases (Algeria, Bahrain, In Arab legislation, the fine balance be- legislation in 19 Iraq, Kuwait, Libya, Oman, Qatar, Saudi tween freedom and security/order is clearly Arabia, Syria, Tunisia, and the United Arab Arab states reveals weighted in the latter’s favour. According to Emirates). It finds its actual implementation the study of legislation, the Arab legislator that pre-censorship through the legislation giving the executive the has enormous leeway to criminalize media of newspapers is authority to control national newspapers and activities given the broad scope for prohibit- impose administrative bans on them. ing media content. We shall therefore present imposed in 11 cases. The study showed that all Arab legislation here only the most salient features of this concerning the media with the exception of policy. The most obvious are the infringement Jordan (subsequent to amendments by Act No. of the principles that punishment is personal 30 of 1999), empower the executive, whether and the presumption of innocence. Given that the Ministry of Information, the Interior Min- the legislator has a free hand in providing for istry or the Council of Ministers, to ban the ambiguously worded offences, the principle of circulation of newspapers, and exercise admin- rule of law has become meaningless. Scrutiny istrative impoundment. In Kuwait, Morocco, of the body of Arab laws concerning freedom Oman, Qatar, Saudi Arabia and the United of opinion, expression and the press reveals Arab Emirates, the executive can suspend that it is virtually identical, particularly regard- newspapers by administrative decision. All ing criminalization and prohibition. It would states adopting the system of licence or prior seem that the Arab legislator surpassed himself authorization also provide for newspapers’ by copying the most draconian provisions en- suspension by administrative decision if they forced by despotic regimes around the world publish without licence or authorization. Arab in specific historical circumstances, which, legislation is therefore consistent in broaden- elsewhere, were eliminated with the passage of ing executive powers to exercise administrative time. In the Arab world, however, they were control, including suspension, over newspa- In Arab legislation, to remain and even proliferate as part of the pers. In most cases the executive is similarly permanent legal system. The Arab legislator is the fine balance empowered to abolish a newspaper adminis- clearly not inspired by the vision of democracy tratively providing legislative conditions are between freedom as, when it comes to setting down laws relat- met. The study of 19 Arab states plainly shows ing to opinion, s/he is at pains to seek out and and security/order is that, of these, 10 give the executive free rein apply any measures to the individual that in- to revoke a licence with no judicial oversight. clearly weighted in the volve tightening up, clampdown and excess. There is a striking similarity among the legisla- latter’s favour. tive provisions in this respect. Denying the right to obtain information

Curtailment of freedom on the pretext of The principle of free circulation of informa- security tion and the rights of journalists and citizens in general to obtain information are viewed with When regulating freedom of opinion and ex- extreme scepticism by the Arab legislator. The pression, including the media and mass com- overriding principles here seem to be prohibi- munications, the Arab legislator prioritizes tion and restriction rather than permission and what s/he perceives as security and public in-

THE LEGAL ARCHITECTURE 119 opportunity. Journalists’ right to obtain infor- life of the nation and the existence of which is mation and news is assured in law in only five officially proclaimed, the States Parties to the Arab states: Algeria, Egypt, Jordan, the Sudan present Covenant may take measures to the and Yemen. Circulation of information how- extent strictly required by the exigencies of the ever, is heavily circumscribed under all Arab situation, provided that such measures are not legislation. For instance, imported foreign inconsistent with their other obligations under newspapers and magazines are subject to cen- international law and do not involve discrimi- sorship, control, and confiscation. Some Arab nation solely on the ground of race, colour, countries even forbid Internet access to shut sex, language, religion or social origin.” Arab legislation out the electronic press, and even when per- Most Arab constitutions lay down rules mitted, access may be under surveillance. for declaring a state of emergency, though consistently applies in some states it is no longer regarded as Harsher conditions for newspaper such, having acquired semi-permanent status. stringent restrictions publication Human rights and freedoms are commonly on newspaper Arab legislation consistently applies stringent violated under a state of emergency (or rules publication and restrictions on newspaper publication and of martial law), as it strips the citizen of many constitutional rights, such as inviolability of ownership. ownership and facilitates arbitrary clamp- downs. A total of 17 Arab states prohibit the home, personal liberty, freedom of opin- newspaper publication without licence or prior ion, expression and the press, confidentiality authorization and in some states the licence is of correspondence, rights of movement and conditional upon payment of a large deposit assembly. It removes certain legislative powers and sometimes a minimum level of capital. from the elected parliament and transfers them While many Arab states have a system of to the executive or military governor (emer- public or mixed ownership of newspapers, all gency authority); and it bars the natural judge prohibit foreign ownership and any form of from impartially and independently exercising foreign involvement. her/his full authority, where judicial entities During states of emergency and other ex- lacking independence are appointed to the ceptional situations the clampdown on news- judiciary, who are more concerned with giving papers is even more acute. a ruling than with neutrality, independence and the right to fair trial. Despite the adverse LEGAL RESTRICTIONS ON PUBLIC effects on public rights and freedoms, politicians and jurists loyal to the regimes vigorously One of the most FREEDOMS DURING A STATE OF EMERGENCY defend the state of emergency on a number of serious legislative pretexts. In this regard, perhaps the most commonly repeated argument is the need to fight violations of human One of the most serious legislative violations of human rights in the Arab world is where the terrorism, meaning that the state is in no posi- rights…is where Arab legislator permits the executive to declare tion to combat terrorism by individuals unless it engages in intimidation through measures the Arab legislator a state of emergency and abuse all safeguards for individual rights and liberties. The state of authorized under emergency measures. permits the executive emergency is a legislative weapon prescribed Yet repugnant terrorist crimes have occurred in a number of Arab states during a de- to declare a state of by constitutions and laws alike that enables the executive to confront unforeseen emergencies clared state of emergency. The usual scenario emergency and abuse that endanger the homeland and threaten its is that the executive is swift to declare and all safeguards for integrity. In some Arab countries, however, the extend a state of emergency, even without the state of emergency has exceeded these bound- backing of parliament, which is usually merely a individual rights and aries to become permanent and ongoing, with pawn in the hands of the executive to carry out liberties. none of the dangers to warrant it. What was its orders. So it is that the executive can cement the exception has now become the rule (e.g. in its control over legislative, executive and judi- Egypt, Syria and Sudan). cial matters and sweep aside the safeguards for Article 4 of the ICCPR states explicitly: “In individual rights, unfettered by the procedural time of public emergency which threatens the and objective rule of law.

120 ARAB HUMAN DEVELOPMENT REPORT 2004 LEGISLATIVE REGULATION OF intellectually. Essentially, this calls for a system THE ROLE OF THE JUDICIARY IN to be set up to monitor professional ethics PROTECTING HUMAN RIGHTS and conduct to ensure that the independence AND FREEDOMS of the judiciary remains intact, while also guaranteeing judges their right to progress The justice system, with its two branches of an by increment and benefit, as they are entitled independent judiciary and a free legal profes- to, and so maintain their distance from entice- sion, represents an institutional safeguard that ments by the state or society. Credible justice is indispensable to human rights protection in also calls for judicial and procedural regulation In an undemocratic a free democratic society. International instru- to make it effective, since judicial rulings are society, neither the ments recognize this and set down elaborate not the work of the judge alone, but are the judiciary nor judges criteria and prerequisites to ensure such inde- outcome of concerted efforts by lawyers, ex- pendence. perts, judicial assistants and others. Just as the enjoy independence, system must be rigorous on judges’ neutrality, regardless of Independence of the judiciary (legislative in accordance with professional ethics, the law regulation and practice) must similarly guarantee an effective system constitutional and that ensures the right of defence, lawyers’ Our earlier discussion of this topic considered legislative guarantees. the international perspective and various pro- rights and duties, and the availability of highly visions in Arab constitutions. International skilled experts and judicial assistants. Without literature considers the independence of the this the ills afflicting the legal profession or the judiciary to apply to both the institutional au- performance of judicial assistants are bound to thority and the individual judge. undermine credible justice in society. However, independence of the judiciary Arab constitutions refer regulation of is assured not merely through constitutional the judiciary to ordinary legislation. How- and legislative guarantees and a body of ever, when the Arab legislator steps outside related safeguards, nor does it come about that framework and imposes restrictions on only through the institutions with oversight of freedoms and human rights in breach of inter- judicial affairs. Independence of the judiciary national standards and national constitutional relates to more universal and profound con- provisions, s/he is inhibiting the human right siderations; for instance, the extent to which to litigation and invalidates the principle of the the political system embraces democracy as a independence of the judiciary, turning consti- value and respect for the law as a framework tutional texts into facades to conceal flaws in Where there is conflict governing the whole of society. Accordingly, in substance. between a political an undemocratic society, neither the judiciary Despite constitutional and legislative guar- nor judges enjoy independence, regardless of antees for the independence of the judiciary regime unfettered constitutional and legislative guarantees. It and fair trial safeguards, scholars and human by legal controls and relates also to the judge as individual, the level rights activists note a disparity between the of training, the nature of her/his education and texts and reality. Legal experts, for instance, the judiciary…the qualifications, and the value system govern- hold that constitutional and legislative provi- Arab regime swiftly ing her/his conduct, or, professional ethics in sions on the independence of the judiciary and general. the right to fair trial are not applied in their sweeps aside the countries, for mainly political reasons, while While the independence of the judiciary is independence of the a prerequisite for justice, it does not guarantee others point to the traditional kinship struc- a credible justice that wins trust and enjoys ture in certain countries, which also makes it judiciary. the respect of litigants unless the conditions difficult to apply such legal provisions. to promote it are in place. Hence, for the in- Where there is conflict between a political dividual judge, independence demands moral regime unfettered by legal controls and the and intellectual probity on her/his part, since judiciary, whose independence is upheld in the the judge’s role does not acquire the profound constitution and law, the Arab regime swiftly connotations desired unless the judge is neu- sweeps aside the independence of the judiciary tral, impartial and upright, both morally and without any hesitation (Source: Ahmad Makki,

THE LEGAL ARCHITECTURE 121 1990), as numerous historical examples in of the executive particular in cases where the Arab countries show. executive has a special interest, This may Independence of the judiciary as an insti- take the form of a part-time appointment to tution and of judges as individuals is jeopard- conduct legal business for the executive for ized on two counts in the Arab world. First, additional remuneration, and/or appointment ideological and autocratic regimes frequently to high executive and political office on leaving interfere, using the pretext of “protecting the the judiciary. These are all too persuasive and ideological foundations” of their authoritarian can cause judges to discharge their functions Inevitably, in Arab regimes. Second, the decline in living standards less than impartially in return for short or countries where among those of fixed income, including judges, longer-term reward. opens the profession to corrupting enticements The vast increase in the number of cases there are millions of from certain sectors of the nouveau riche. brought to court in some Arab countries lawsuits and no more As regards the separation and balance obstructs the administration of justice and of powers, the authority accorded to justice exercise of the human right to litigation to a than several thousand ministries to inspect courts and control the ju- considerable degree. Inevitably, in Arab coun- sitting judges, court diciary’s budget clearly constitute a restriction tries where there are millions of lawsuits and cases are delayed for on the independence of the judiciary as an in- no more than several thousand sitting judges, stitution. This situation, in which the executive court cases are delayed for years before they years. controls their finances and intervenes in the are settled. Meanwhile litigants’ rights are set appointment, transfer and dismissal of judges, aside, particularly the rights of defence and means that, in practice, judges in many Arab to prompt and consummate justice. This slow countries are not independent. Indeed, many pace of litigation harms both the economy are sometimes fearful in delivering their judge- and society; in such an environment rights ments, particularly when the State has a direct are delivered only with the greatest difficulty, or indirect interest in the case in question. with the judicial system seen as an obstacle to In some Arab countries, judges are the growth of national and foreign investment. tempted with material and moral inducements The absence of an authority capable of enforc- to make them pliable instruments in the hands ing the law, and within a reasonable time, can Figure 4-1 encourage recourse to violence and individual Extent of willingness to go to court, Five Arab countries, Freedom Survey, 2003 reprisals, and make people less willing to go to court to seek a solution (figure 4-1). According to the Freedom Survey, Annex 1, willingness to go to court to settle disputes barely exceeded 50%. This percentage showed a relative decrease in cases related to freedoms, and in Palestine and Morocco in general Corruption within the auxiliary apparatus of the judiciary, including secretaries, clerks and experts, has an adverse impact on the justice system in a number of Arab societies. Civil servants who eke out a living by breaching the law and justice every day are scarcely fitted to help apply them. Ultimately, the situation resembles a farce in which justice is trampled underfoot and rights degraded, with little standing in the way. Various forms of exceptional courts undermine the jurisdiction of the natural judiciary, primarily State security courts and military tribunals, which diminish fair trial safeguards, as demonstrated below.

122 ARAB HUMAN DEVELOPMENT REPORT 2004 Exceptional courts is encouraged by Arab constitutions which make explicit provisions for it, (article 183 of The Arab legislator has learned through expe- the Egyptian Constitution, for example). Other rience that direct clashes with judges and the forms of exceptional judiciary lacking fair trial judiciary may bring public odium, with judges safeguards include state security courts, courts portrayed as martyrs of freedom in an auto- of values, revolutionary courts, people’s courts cratic regime. Many Arab regimes therefore and tribunals dealing with economic and judi- prefer other methods of dealing with the judici- cial matters, such as revolutionary committees ary that cause less public outcry and also more and so on, that are run by popular communi- effectively strip the judiciary of its independ- ties loyal to the regimes. State security courts The Arab legislator ence and ensure it complies with the regime’s exist in several Arab countries in the Near East has learned through wishes. The regime’s first method is to create and North Africa. In Egypt, for example, the an exceptional judiciary under the executive’s State security court provided for under emer- experience that direct direct influence, to which it refers politically gency law continues to exercise jurisdiction clashes with judges sensitive cases and major security cases. This even after the permanent state security courts tradition descends from the time of foreign have been abolished. State security courts were and the judiciary may occupation when the British and French occu- established in Jordan pursuant to Act No. 17 bring public odium… pying powers created emergency courts to try of 1959, as amended, which can consider of- their opponents. fences relating to internal and external State In the Arab world, the exceptional ju- security and drug offences. Article 7 (a) of the diciary that is most threatening for human Syrian State Security Court Act states: “The rights is the military. The military judicial State security courts shall not be bound by the system exists in a number of states, includ- usual procedures stipulated in the legislation in ing democratic ones. Its existence alone does force during any of the stages or procedures of not breach public freedoms or human rights, prosecution, investigation and trial.” Their ses- provided that stringent controls are in place to sions are held in camera and their rulings are safeguard against the military judiciary aiding not subject to appeal. the ruling authority to encroach on liberties, Another model exists in Arab countries human rights and safeguards. The first control with a traditional liberal heritage influenced is that judges in military tribunals must be le- by practices and methods of foreign occupa- gally qualified. Secondly, the tribunals’ rulings tion. One example is the Justice Council in must be subject to appeal before the ordinary Lebanon, which, although composed of ordi- judiciary. Thirdly, their jurisdiction should be nary judges, lacks independence and does not confined to military offences committed by in- offer litigants recognized guarantees for fair dividual members of the military in the course trial, since its decisions may not be reviewed In the Arab world, of duty within their military units. Fourthly, or appealed before a higher court. More im- legal guarantees for the neutrality and imparti- portantly, its jurisdiction to examine cases is the exceptional ality of military judges must be effective. determined by political decision of the Cabi- judiciary that is most Most of these guarantees are lacking in net. This Council was set up during the French Arab military tribunals. The most blatant mandate pursuant to Decree No. 1905 of 12 threatening for human example is provided by Egypt’s Act No. 25 May 1923, which has been amended several rights is the military. of 1966, where article 6 greatly expands the times, and it now considers offences against jurisdiction of the military judiciary, particu- external state security. larly during a state of emergency, when it may consider any offence in the Penal Code and THE IMPACT OF AUTHORITARIAN referred to it by the President of the Republic. POWER RELATIONS ON FREEDOM Cases in which Islamic movements are accused AND HUMAN RIGHTS of violence are commonly referred to military courts. In fact recourse to the military judiciary One of the principal reasons that violations of (even though properly a type of professional freedoms and human rights, both in law and judiciary with a narrowly defined jurisdiction) practice, are widespread in the Arab region

THE LEGAL ARCHITECTURE 123 lies in the nature of the political authority and its relationship with society. Consequently, the way to approach the question of legislation that violates freedom is to deal with the issue of power in the Arab world. Distribution of power should be based on genuine respect for the principle of separation of powers; the The way to approach principle of political alternation should be set the question of down and this, together with ending the monopoly of power, should be assigned to the legislation is to deal ballot box alone for decision. Sound laws that with the issue of are supportive of freedom can only come about where the Arab political regime as a whole is power. supportive of the values of democracy and people’s right to participate in political life. The monopoly of power, which renders the regime untouchable in terms of accountability, is at the heart of the deteriorating state of freedom and human rights in the Arab world.

124 ARAB HUMAN DEVELOPMENT REPORT 2004 CHAPTER FIVE The Political Architecture

Introduction This consensus is the result of living together with the widespread crisis which Chapter Five looks at another pivotal area overshadows the Arab world and points to that explains the current and critical dete- a collective failure among Arab states to ad- rioration in the state of freedom in Arab dress major issues, such as the Palestinian There is near countries, namely in the political structure of question, Arab cooperation, foreign interfer- governance. The crisis of the current politi- ence, and human development. It also points consensus in the cal structure is manifested most clearly in the to the failure to provide citizens with a decent Arab world today generally authoritarian nature of the execu- life, whether in terms of the basic requisites of tive, often reduced to the person of the head daily life, or human rights or both, which has concerning the serious of state, and in the role played by the security created an atmosphere of oppression, suffering flaws in the state forces of the state. It is also reflected in the and instability. This sentiment intensified with severe restriction of freedom, particularly the occurrence of major disasters such as the of Arab affairs; it is a freedom of expression and association in invasion of Kuwait in 1990 and the consequent rare consensus among civil and political societies. The chapter con- foreign intervention and Arab disintegration. rulers and ruled. siders the features of corruption drawn from More recently, the foreign invasion of Iraq and the Freedom Survey and highlights the state the escalating conflict in Palestine have simi- of Arab corporate governance. It concludes larly affected Arab public opinion, particularly with an evaluation of the relative situation since, as a result of the information revolution, in the Arab region in comparison to other the Arab citizen lives these tragedies by the world regions, with respect to a number moment and feels tormented by helplessness. of governance indicators derived from the The information revolution and globaliza- World Bank’s database on this subject. tion, accompanied by the fall of ideologies and rise of awareness and education in the Arab THE CRISIS OF GOVERNANCE IN world, also intensified the crisis of legitimacy ARAB COUNTRIES of Arab regimes, whether they were based on tradition (religious/tribal), revolution There is near consensus in the Arab world (national/liberationist) or patriarchy. This in today concerning the serious flaws in the state turn deepened feelings of crisis and created a The modern-day Arab of Arab affairs; it is a rare consensus among vicious circle of frustration, grass-roots disen- rulers and ruled in which class distinctions chantment and a general lack of confidence in state monopolizes the disappear and regional, sectarian and even eth- governments, which in turn saw the need for public space. nic differences fade. There is also consensus, further repression and the consolidation of as demonstrated by the agreement at the May barriers between them and the people. 2004 Arab summit meeting in Tunis which focused on political reform, that the heart of the CHARACTERISTICS OF failing lies in the political sphere, specifically AUTHORITARIAN GOVERNANCE the architecture of the Arab State, and that reform must begin there. Agreement, however, The modern-day Arab state monopolizes the stops here, as differences emerge, particularly public space, insisting on controlling all things, over where the malaise starts and which is the from personal religious belief to international most appropriate prescription for cure.

THE POLITICAL ARCHITECTURE 125 relations, and allowing little leeway for initia- sense, runs close to this model, the executive tives from outside its space or without its bless- apparatus resembling a “black hole” which ing. At first glance, it may seem difficult to talk converts its surrounding social environment about the common features of governance in into a setting in which nothing moves and from the Arab world owing to the wide diversity of which nothing escapes. Like the astronomical its regimes, ranging from absolute monarchies black hole, this apparatus in turn forms into to revolutionary republics and radical Islamic a tight ball around which the space is so con- states. Closer scrutiny, however, reveals an in- stricted as to paralyze all movement. teresting affinity in the architecture and meth- This increasing centralization of the execu- ods of Arab systems of governance and brings tive is guaranteed in the constitutional texts of We can call this Arab out features of an interwoven regional archi- certain states, which enshrine the right of the system of governance tecture comprising an Arab “integral whole” king, the president or the emir (or the Revo- in which the systems are mutually reinforcing. lutionary Command Council) to legislate and the model of the It is therefore possible to speak of an “Arab vest wide powers in the head of state. The lat- “black-hole State”. model” of governance with specific traits com- ter becomes the supreme leader of the execu- mon to most systems and in turn based on an tive, the council of ministers, the armed forces, Arab regional system that constitutes its politi- the judiciary and public services, for it is he cal infrastructure. who appoints and has the power to dismiss ministers, members of the judiciary, senior of- THE “BLACK-HOLE” STATE ficials and officers, and it is he who convenes and has the authority to dissolve parliament The general features of this Arab model, which (where one exists). The laws also prescribe the some have named the “authoritarian state” central control of local authorities, since the (Khaldoun Hassan al-Naqib, in Arabic, 1996) ruler appoints governors and prefects, who are and which has been described at length in a responsible to him and not to citizens (Ayoubi, number of studies (Ghassan Salameh, in Ara- 1995, 322-323). bic, 1995; Ghassan Salameh et al, in Arabic, The centralization of the executive also 1989, 28-40, 89; Hopkins and Ibrahim, 1997, shows in bureaucratic expansion, greater 24; Roger Owen, 1992), are captured in the state interference in the economy and higher recent comments of an Arab journalist and government spending of national resources, activist. The latter describes governance in his particularly on security and military organs. country as a system in which there are no free This trend is evident, both in radical states and transparent parliamentary elections, re- with planned economies and in conservative sulting in a “monochrome” parliament. Under states which, from the outset, declared their This increasing that particular system, press freedom is also adherence to the market economy (Khaldoun centralization of restricted, as is political and human rights ac- Hassan al-Naqib, in Arabic, 1996, 181-207; the executive is tivity, the judiciary is used to make an example Ayoubi, 1995, Chapter 9). of opponents and the constitution establishes Many governments are nevertheless not guaranteed in the a regime that is “unlimited by time and not content with these wide constitutional and constitutional texts of subject to the control of parliament or the administrative powers. They thus turn to emer- judiciary.” In such a regime, even the ruling gency laws, which, in some countries, have re- certain states. party becomes a mere piece of administrative mained in force for over 40 years. When other apparatus run by “civil servants with neither countries, which have been governed without a enterprise nor efficiency” (Rashid Khashana, constitution since their establishment, decided in Arabic, 2003). to enact basic laws, they not only laid down the We can call this the model of the “black- absolute powers enjoyed by the ruler in the hole State”, likening it to the astronomical absence of the rule of law but also vested him phenomenon of extinguished stars which with powers previously unavailable to him, gather into a ball and are converted into giant such as the power to choose and remove his magnetic fields from which even light cannot successor. The ruler did not uniquely enjoy escape. The modern Arab state, in the political such powers before.

126 ARAB HUMAN DEVELOPMENT REPORT 2004 EXTRA-JUDICIAL CONTROLS 1995, 449; Khaldoun Hassan al-Naqib, in Ara- bic, 1996, 185). In addition to the absolute central powers Arab states vary in their embodiment of in the hands of the executive (and, in prac- these general traits, particularly in the margin tice, in the hands of the president, king or of freedom permitted without being regarded ruler), which are not subject to normal legal as a threat. However, what they have in com- restraints, there are, for instance, additional mon is that power is concentrated at the tip of mechanisms that increase the centralization of the executive pyramid and that the margin of power in the executive. For example, the so- freedom permitted (which can swiftly be re- called ruling parties (where they exist) are, in duced as required) has no effect on the state’s The key support reality, simply institutions attached to the ex- firm and absolute grip on power. The margins ecutive, since party officials (or electoral can- of freedom are relatively wide in countries like buttressing the power didates) are designated by the president, who Jordan and Morocco, where there is greater of the executive is the is also regarded as the party leader (Ibrahim, in freedom to form political parties and freedom Arabic, 1996, 194-195). In practice, this means of political participation than in the other Arab intelligence apparatus. that parliament is a bureaucratic adjunct of the states. Three Arab republics, namely Lebanon, executive that does not represent the people the Sudan and Yemen, are in a special posi- whose mistrust in it continues to grow. The tion in that the central state finds it difficult to World Values Survey shows that confidence in impose unilateral centralization owing to its the legislative assembly (theoretically elected) religious and ethnic diversity and the strength is less than 50% when averaged over four Arab of the solidarity and loyalty that characterise countries (figure 5-2). such groups. As a result, a margin of freedom Furthermore, the executive uses the ordi- exists by default. nary and exceptional judiciary to eliminate and For some states, the situation looks promis- tame opponents, rivals and even supporters ing: Algeria, for example, has moved towards who step out of line. This is linked with what is greater political openness and national rec- known as “unspoken corruption” or corruption onciliation, with competitive elections having which is hushed up (Ayoubi, 1996, 321), where recently taken place, to the satisfaction of close supporters are allowed to exploit their broad sectors of the populace, despite some positions for unlawful gain, while “enforcement flaws. In the Sudan too, there has been a step of the law” against them remains a weapon to forward following the conclusion of a Frame- ensure that their total loyalty will continue. work Agreement in May 2004 between the The key support buttressing the power Government of Sudan and the Sudan Peo- Arab states vary in of the executive is the intelligence apparatus; ple’s Liberation Movement/Army (SPLM/A). their embodiment of each Arab state has multiple intelligence agen- Nevertheless, the overall picture in the Arab cies that differ from their counterparts in dem- world indicates a similarity in the architecture these general traits… ocratic countries insofar as they enjoy powers of regimes, which “indeed makes it possible what they have in over and above their authority to gather intelli- to speak about a single unified, integrated gence information. Nor are they responsible to Arab system for tyranny and control” (Burhan common is that power the legislature or to public opinion. The intel- Ghalioun, in Arabic, 2001). These are systems is concentrated at the ligence services are regarded as the essence of based on maximizing the focus of power at the the ruling apparatus in almost all Arab states. top of the executive, so that the license of a cer- tip of the executive They are directly under the control of the tain margin of freedom is part of the strategy of pyramid. president or king and possess powers greater consolidating power rather than reducing it. than those of any other organ. The security ap- It is therefore not surprising that around paratus has enormous resources and intervenes a quarter of the respondents to the Freedom in all the powers of the executive, particularly Survey, Annex 1, said there was a lack of in regard to appointment decisions and the freedom of opinion and expression in their legal regulation of associations, to the point countries, with a higher ratio saying there was where the modern-day Arab state is frequently no way to hold the government accountable dubbed “the intelligence state” (cf. Ayoubi, (figure 5-1).

THE POLITICAL ARCHITECTURE 127 Figure 5-1 factor insofar as some of them have adopted an Perceived absence of government accountability and lack of freedom of opinion anti-democratic discourse, creating deep cleav- and expression, five Arab countries, Freedom Survey, 2003 ages among forces opposed to the despotic State and giving regimes additional excuses to disrupt democratic transformation (Ghalioun, 2001; Al-Afendi et al, 2002). No doubt, these factors have all contributed, in varying degrees, to shaping the current political environment in Arab countries yet they do not sufficiently explain the concentration of power at the top of the authoritarian pyramid. For example, there is evidence that it is the central state that reinforces tribal and clan formations, rather than the other way around (Ibrahim, in Arabic, 1996, 294-296). Political factors may ultimately be more important. It may be argued that “the real flaw causing the delay of democracy in the region is not cultural, but lies in the convergence of political, social and cultural structures that have suppressed or eliminated organized social and political forces capable of turning the crisis of authoritarian and totalitarian regimes to their advantage. The elimination of such forces has In the same context, the results of certain led to the of loss any real forward momentum” international studies (World Values Survey, (Ghalioun, in Arabic, 2001). 2004) indicated a strong preference in the We can conclude that at the root of the Arab countries covered for democratic gov- problem lies the political architecture and the “The real flaw ernance, and against authoritarian rule. They “strategic marginalization” by the state of all also stated a preference for a government of institutions and social forces, including state causing the delay experts, and objected to rule by the army. institutions, together with the all-pervading of democracy in reality of state appropriation. In other words, TRACING THE FLAW while preventing most social forces from the region is not having any effective influence over it, the cultural, but lies in Analysts look for common structural factors state intervenes in all matters and permits no to explain why, politically speaking, the Arab independent social initiative to threaten its the convergence of states have contracted while the rest of the monopoly of power. Because the state controls political, social and world has moved towards democratic open- the economy and intimidates those who might ness. Some point at the cultural heritage, otherwise use their economic clout against it, cultural structures that particularly its religious dimension, arguing the ruler is not obliged to bargain with the have suppressed or that Islam and democracy do not go together bourgeoisie or others in order to sustain his (Chapter 2). Others see the problem as the rule, particularly since the bourgeoisie is usu- eliminated organized tribal and patriarchal nature of Arab society ally a dependent client of the state (Hopkins social and political (Sharabi, 1990), or the absence of a tradi- and Ibrahim, 1997, 382-384). As regards the tion of social contracts recognizing freedom, élites, the state proffers the choice between forces.” individualism and civil society (Gilner, 1994; being loyal and hence richly rewarded and Ayoubi, 1995: 398). Still others fault the eco- being a dissenter and hence suppressed. In nomic structure of Arab societies, specifically such circumstances the position of the majority their rentier basis, which characterizes most is easily understood. Arab countries (Chapter 6). Islamic movements are sometimes cited as a major emerging

128 ARAB HUMAN DEVELOPMENT REPORT 2004 THE CRISIS OF LEGITIMACY after the war with Iran. In addressing the mass of people, they concentrate on the legitimacy The current situation of Arab governance, of their achievements (or promises thereof) with its associated weakness in terms of ef- in specific areas such as the economy, peace, fective representation of societal forces means prosperity, stability, or safeguarding values and that Arab states are facing a chronic crisis of traditions. Sometimes the mere preservation of legitimacy, often relying on inducement and the state entity in the face of external threats is intimidation in dealing with their citizens. considered an achievement sufficient to confer When the Arab states were newly inde- legitimacy. Perhaps paradoxically, some re- pendent, their regimes depended on traditional gimes have recently resorted to the discourse forms of legitimacy (religious-tribal), or won of democratic legitimacy and the language of Arab states are facing legitimacy through fighting for independence civil society and human rights. According to or building the State. But traditional regimes one Arab thinker, democratic discourse has a chronic crisis of were soon challenged by a revolutionary élite become a new “salvation myth” (Tarabishi, in legitimacy. espousing Arab nationalist or leftwing ideolo- Arabic, 1999, 71) though the deeds do not yet gies, and regimes bolstering their legitimacy by match the words. mobilizing the people around calls for unity, Most regimes, nowadays, bolster their liberation, justice and development. These also legitimacy by adopting a simplified and ef- relied on their leaders’ charismatic popular ap- ficient formula to justify their continuation in peal. Several regimes developed the concept of power. They style themselves as the lesser of “the eternal mission” (unity, liberation, mod- two evils, or the last line of defence against ernization, Islamization, development, social- fundamentalist tyranny or, even more dra- ist transformation, etc.) to justify a legitimacy matically, against chaos and the collapse of built on the custodianship of the people and the state. This formula is what Ibrahim and not its representation (Waterbury, 1995, 81). his colleagues have dubbed “the legitimacy The successive setbacks encountered by of blackmail” (Ibrahim, in Arabic, 1996, 324- the new so-called revolutionary regimes (de- 325). To a certain extent, it can be considered feats by Israel, the failure of development an implicit admission of the bankruptcy of the projects, unity and modernization, the failure claims of positive legitimacy on which official in combating corruption) played to the interest propaganda still insists, with growing despair. of traditional regimes boosting their legitimacy Sometimes this political blackmail is pitched in centred on religion and Islamic traditions. idealistic terms as in claims that modernization However, these regimes, which acquired and stands up to fundamentalism or terrorism, or Most regimes, strengthened their regional influence on the that a strong state counters a passive course nowadays, bolster back of the oil boom and the subsequent eco- of drift and resignation. The predominant nomic successes, today find themselves chal- approach can be described as pragmatic, char- their legitimacy by lenged by new representatives of the Islamic acterized by its flexibility in selecting bases of adopting a simplified movement and the fresh ambitions of rising legitimacy that fit the moment. Many a regime generations, who are no longer persuaded of has converted from socialism to capitalism, or and efficient their developmental achievements (cf. Ibra- from secularism to Islamic discourse and vice- formula…dubbed him, in Arabic, 1996, 330-332; Luciani, in Ara- versa, whenever such a move seemed likely to bic, 1995). protect its survival. Some regimes, such as the the “legitimacy of Most Arab states have now turned away “reformist” monarchies, may rely on mixed al- blackmail”. from the populist course that characterized liances, based on their traditional influence (in the revolutionary regimes of the past; instead, alliance with the rural and traditional forces they have chosen to promote the ruler’s person of society) on the one hand, and on an almost who, more often than not, lacks charisma, un- radical modernization programme developed like some of the leaders of the revolutionary- through close ties with the new élite, the local populist era. To a certain extent, most regimes bourgeoisie and some global forces, on the also avoid demagoguery, unless they are caught other. in an ‘impasse’, as was the former Iraqi regime The “legitimacy of blackmail” has been

THE POLITICAL ARCHITECTURE 129 eroded by the growing realization that the on control and propaganda; on marginalizing The survival of the absence of any effective alternative in itself is the elites through scare-and-promise tactics; “black-hole State” one of the outcomes of the policies of regimes on striking bargains with dominant global or that block all avenues for political and civil regional powers; and on mutually supportive depends essentially activity, and so prevent any other alternatives regional blocs to reinforce one another against on control and from materializing. Even so, the survival of emerging forces. “the black-hole State” depends essentially propaganda.

BOX 5-1 Muhammad Al-Charfi: Arab democracy - form without substance

Since the beginning of the Arab renaissance, of parliament in what is usually a sham, given is known in advance, just as when an audi- élites have demanded an end to the system of the bias of the administration, the excesses of ence reads the novel before seeing the play. absolute rule and its replacement with the the police and the falsification of the election Legislative and presidential elections follow rule of law and institutions that respect the results. It is thus clear that the state president the same script. individual and collective freedoms of citizens, can adopt such laws as he pleases. The true Freedom of the press and publication is uphold the separation of powers and use legislative authority therefore rests with him. guaranteed, as provided for by the constitu- elected structures as their basis. These de- • In the days of absolute rule, the state tion or law. Although censorship is outlawed, mands were so enthusiastically supported by president would place his signature to a new publishers must provide pre-distribution the popular masses that rulers had no choice law on the day on which he decreed its adop- copies of any newspaper or book so that the but to display a response to such aspirations. tion. The only change has been to introduce administration is informed of its content and In so doing, however, they laid down condi- a procedural stage in which the president is can apply to the court for an order of seizure tions on the pretext of following a policy of required to propose the bill to parliament and if it finds that a work violates public order or achieving social and political development in wait a few days until it has been discussed and offends decency. In essence, this is the dem- gradual stages. In practice, these conditions ratified. ocratic system at work. The administration, produced results that clearly conflicted with • As regards the judiciary, despite its inde- however, refrains from giving the required the official message and of which examples pendence as prescribed in the constitution, receipt for copies provided whenever it is un- abound. it hands down only those judgements which happy with a text to be published. Freedom • Arab countries are run largely on the basis meet with the approval of the state president; of the press and publication therefore lacks of the republican system or the system of the given that he is the person responsible for any substance. constitutional monarchy. the independence of the judiciary, he has the • The right to demonstrate and organize • In the constitutional monarchy, however, upper hand in the appointment, promotion public meetings is subject to administrative the monarch retains such wide-ranging pow- and, where necessary, disciplining of judges. practices of the same nature, as is the right ers that he effectively has the final say on A judge may take the heroic route and pass to establish political parties and civil and major issues and the full freedom to choose sentence following his conscience, regardless humanitarian associations. The guarantee of ministers and those who oversee the adminis- of what the Government expects of him. In such rights by constitutions and laws is there- tration. so doing, however, he jeopardizes his future, fore merely ink on paper. • Hitherto, the republican systems have notwithstanding that he is a citizen like any • A citizen no longer has any guaranteed all consisted of officially declared presiden- other and is entitled not to forget about his right unless s/he wishes to cheer the ruler, cies for life or automatic re-election on the own livelihood and fate as well as that of voice gratitude for his accomplishments and strength of improbable percentages that are his family. A judge is guaranteed genuine extol his qualities and wisdom. frequently as high as 99 %. Worse still, in independence when he is able to pass fair Over time, as such practices recurred, some cases the presidency is now hereditary, sentence without the need for heroics. the mask has slipped and no longer is anyone meaning that the republic is devoid of any • The change which has taken place is that, deceived; citizens and foreign observers alike substance. previously, an absolute ruler would order are aware that the current form of democracy • The Arab state works on the principle the punishment of one of his subjects and is nothing more than a cumbersome and tedi- of the separation of powers in that the state his order would be immediately enforced, ous piece of theatre. president retains the executive power, the without further procedure; now, the order There are statesmen who contend that parliament exercises the legislative power is similarly enforceable - in other words, they resort to such practices in order to stem and the courts exercise the judicial power. instantly – by way of a trial that follows the tide of religious fanaticism. The fact is The actual state of affairs, however, differs specific procedures, including a preliminary that the popular masses never applauded radically from this model. judgement against which an appeal may then such fanaticism; if a move back to funda- • The party of the president holds all the be lodged and also including open sessions mentalism shows signs of emerging, it is more seats in parliament or at least controls the during which the public prosecution and the result of disillusionment after a deceiving parliament by a wide majority. The president defence are heard. A judgement satisfactory experiment in modernism and with a formal himself or one of his delegates appoints can- to the Government then follows. Each party democracy without substance. didates from his party to elect the members performs the assigned role and the outcome

130 ARAB HUMAN DEVELOPMENT REPORT 2004 REPRESSION AND POLITICAL while tampering with election polls. IMPOVERISHMENT Some States have witnessed a massive rise in the number of political parties (27 in Algeria, 26 in Morocco, 31 in Jordan and 22 WEAKENING OF POLITICAL in Yemen). Some see this as a reflection of the PARTIES divisions among political and cultural élites, or of the ruling regime’s manœuvres to divide the The current crisis came about with the col- opposition, rather than a sign of democratic lapse of the Arab liberal experiment. This was vitality. Fragmented as they are, these parties an ideological, political reformist movement are incapable of rallying popular support to that emerged towards the end of the 19th and achieve the objectives for which they were cre- The current crisis in the early 20th century, which led to the ap- ated. Indeed, this proliferation has engendered came about with the pearance of populist parties and independence an aversion to political activity among citizens, collapse of the Arab movements, and parliamentary systems in such a fact evident in their obvious reluctance to countries as Syria, Iraq, Egypt, Morocco and take part in the electoral process. On the other liberal experiment. the Sudan. But these movements encountered side, Governments deliberately freeze and ban difficulties: internal tensions within society, parties that rally popular support: in Egypt an unsettled regional climate, and internal/ 7 out of 17 licensed parties have been frozen, external challenges, in addition to foreign in Mauritania 6 out of 17 and in Tunisia 3 out intervention (Youssef al-Shuweiri, in Arabic, of 11. 2003, 87-114). In addition to official repression, opposi- As a result, Arab “political society” suf- tion parties suffer from internal problems fered a major setback, reflected in the fragmen- that are no less serious. Despite theoretical tation of popular liberal parties, and the failure references to democracy in their charters, their of governments to rise to the new challenges practice shows that the influential political élite of development, modernization and independ- holds sway in most of these parties, resulting in ence. The political arena was invaded by ide- immovable leaderships who, with rare excep- ologies and parties that deprecated democracy tions, only leave their posts when they die, either believing that Arab societies were back- casting doubt on their claims to modernity and ward and did not know what was for their own democracy. To a great extent, official policy good, or that they were not sufficiently Islamic contributes to the situation, since the laws or revolutionary. With time, however, radical authorizing parties turn them into monopolies, governments became “conservative” govern- or “franchises”, given to certain persons in ments and revolutionary parties became ruling particular, while those who disagree with the or dominant parties. The ban on free party ‘leader’ are not allowed to form another party. activity was nevertheless maintained on the Yet if a ‘leader’ crosses the line, the judiciary is The laws authorizing pretext that societies had become too Islamic used so as to transfer the party authorization parties turn them or too radical. to another person more inclined to respect the The Arab political scene today is quite rules of the game. into monopolies or varied. Some states categorically prohibit Beyond all that, there is the acute “sectar- “franchises”. any political organization. Other states allow ian split” in the political community between conditional political pluralism and, as a rule, the Islamic parties on the one hand and the lib- ban the strongest and most important op- eral and nationalist secular parties on the other position party, while favouring the party of (not to mention other sectarian divisions along the ruling authority. States which allow party doctrinal, ethnic, tribal and regional lines). As activity nonetheless try to trip up the opposi- a result of this sectarian fragmentation some tion parties, by depriving them of resources parties and political forces have preferred to and media exposure, controlling nomination co-operate with undemocratic governments and election procedures, using the judiciary, rather than work with their rivals to lay the the army and security services to curtail their groundwork for a democratic rule open to all. activities, hounding their leaders and activists Such constriction, in addition to hobbling

THE POLITICAL ARCHITECTURE 131 opposition, has led to the marginalization According to the World Values Survey, of some parties and hastened their demise. political parties rated the lowest among soci- Restrictions on opposition parties have made etal institutions enjoying people’s confidence The closure of the it impossible for them to accede to power in all five countries covered (figure 5-2). and form governments through elections. political sphere has Citizens, perceiving such parties to be inef- THE MARGINALIZATION OF CIVIL convinced activists fectual, choose either not to support them or SOCIETY to work through clandestine political activities. and scholars to Constraints on political space have led some The closure of the political sphere has con- turn to civil society activists and scholars to rely on civil society vinced activists and scholars to turn to civil organizations, especially trade unions and society organizations, especially trade unions organizations. professional organizations, on the grounds that and professional associations, as actors more they are better equipped than Arab political capable of leading Arab society towards de- parties to lead Arab society towards develop- velopment and democracy than Arab political ment and democracy (Saadeddin Ibrahim, in parties (Ibrahim, 1991, 18). Arabic, 1991, 18). There is consensus around a definition of civil society as “a realm of life institutionally separated from the territorial state institu- Figure 5-2 tions”, one that “describes and envisages Extent of confidence in political institutions, five Arab countries a complex and dynamic ensemble of legally protected non-governmental institutions that tend to be non-violent, self-organizing [and] self-reflexive” (Keane, 1998, 6). Many hopes were pinned on civil society and its role in helping “to endow republican regimes with the true meaning of republican- ism by liberating them from their autocratic content, their oligarchic form and their absolute monarchic streaks, thus rendering them genuinely republican regimes.” It was also hoped that civil society would help “to transform absolute monarchies into constitutional monarchies, liberate princedoms from their closed family contexts by exposing them to social and economic dynamism and free military republican regimes from dictatorial militarism.” (Belqazir, 2001,144-145).

The status of Arab civil society

As detailed in Part 1, civil society organizations (CSOs) have intensified their change and reform initiatives despite the many obstacles they face, These include, on the one hand, state constraints on civic activities and, on the other, the dependence of many CSOs on political parties that use them as fronts through Percentage of missing observations which to expand their political influence at Egypt 3.03%, Jordan 11.80%, Saudi Arabia 5.75%, Algeria 8.53%, Morocco 17.57%. the popular level - which limits their initiative Note: - No results were available for the questions concerning the extent of confidence in and independence of action. As a result they labour unions, the political parties and the parliament in Saudi Arabia. lose their capacity for initiative and self-moti- Source: World Values Survey, Annex 1

132 ARAB HUMAN DEVELOPMENT REPORT 2004 vation, which robs them of their most distinc- The solidarity and democratic potential of tive feature, independence and non-political civil society thus depend on active consensus action. Civil society organizations lose their among all its actors, starting with agreement on core function when they become mere fronts a non-exclusionist definition of their member- for political parties; they lose their usefulness ship and beneficiaries, away from ineffectual if they become part of the government appara- definitions that link the concept to a Western, tus. To give but one example, some civil, trade liberal definition and ending with a minimum union or human rights associations controlled agreement among all parties to respect one Civil society by the Islamists do not devote as much effort another’s freedoms. organizations have to defending non-Islamist victims of oppression. Conversely, organizations controlled by THE STATE OF CORPORATE not been significant secularists do not recognize organizations of GOVERNANCE IN THE ARAB actors in resolving the an Islamic nature as part of civil society and WORLD agree with the repressive state on the need to existing political crisis ban them and contain their activists. Some governments in the Arab region have as they, too, have In addition, civil society faces the same shown gross disregard for Article 17 of the problems as the political community vis-à-vis UDHR which clearly states that: (1) Everyone been caught up in its those authorities who seek to control civil has the right to own property alone as well as vortex. organizations, directly or indirectly, by using in association with others; (2) No one shall be a dual strategy of containment and repression. arbitrarily deprived of his property. In addi- On the one hand, such authorities interfere tion, the body of laws adopted by governments with the establishment, financing and focus of the region has not effectively defined titles of the organizations; some even speak the to property. These historic limitations and the language of civil society as a strategy to at- lack of enforcement of individual property tack their rivals, particularly if they belong rights protection have significantly stalled the to the Islamic opposition; they then resort development of the region by restricting the ef- to establishing semi-official organizations to ficient interchange of titles between the public undertake functions that stay in line with, and private sector and among individuals. and defend the authorities’ positions. On the other hand, the authorities constrain the work TRANSPARENCY of these organizations, denying them the right to legal existence and financing, in addition to Lack of transparency in Arab markets is pursuing and repressing those who are actively severely hindering economic prospects. Not involved in them. only are transparency and disclosure keys to Consequently, civil society organizations the efficient operation of the market, enabling have not been significant actors in resolving the traders and economic agents to make informed Lack of transparency existing political crisis, as they, too, have been decisions, but they are also important in terms in Arab markets is caught up in its vortex. Although there are of attracting foreign investment. Closed, tens of thousands of civil society organizations opaque systems do not instil confidence in the severely hindering in Arab states (the estimated number in 2003 economic and investment environment and economic prospects. was more than 130,000), their impact remains this reduces the attractiveness of doing busi- very limited. They tend to be concentrated in ness in such markets. certain countries (18,000 in Egypt, 25,000 in Yet some positive steps aimed at improv- Algeria, 7,000 in Tunisia). Some states limit the ing transparency and disclosure have been presence of civil society organizations to almost taken in many Arab countries. For instance, insignificant levels; there are no more than one the scope of information and data disclosed hundred non-governmental organizations in has widened and disclosure has become man- Kuwait and almost the same number in the datory. Moreover, most Arab markets have Emirates. There is more scope for civil activity signed agreements with world class companies in countries such as Bahrain (400 associations), specialized in automated instant reporting on Jordan (1,500), and Lebanon (4,600). trading, including Reuters and Bloomberg.

THE POLITICAL ARCHITECTURE 133 rules and regulations in Arab markets have However, the quality of disclosure remains clearly identified shareholders’ rights, yet sub-standard because the information pro- there is a gap between the letter of the law vided is incomplete and/or not timely. One and practice. Morocco, Egypt, Jordan and of the consequences of insufficient disclosure Lebanon’s Company and Securities Laws have and lack of transparency is inadequate risk as- provisions that specifically address the issue of sessment, since it follows that if the financial minority shareholder protection. Within these information available is incomplete, the finan- economies, it is the job of the security market’s cial analysis based on that information will be regulating agencies to enforce these laws. inaccurate and ineffective. Much of the recent corporate governance The accountability debate has focused on the “principal-agent” of private sector ACCOUNTABILITY problem between shareholders (principals) and managers (agents) owing to the separation enterprises in the Arab The accountability of private sector enterprises of ownership and management in companies region is constrained . in the Arab region is constrained. Arab secu- with widely dispersed “public” ownership of rities markets for instance used to be either shares. It is argued that the purpose of corpo- regulated by a committee constituted from rate governance is to protect the interests of the board of the exchange or not regulated at shareholders, because the interests of other all. So for the most part, the exchanges con- investors can be protected through contractual trolled both the regulatory functions and the relations with the company. operational functions. However, in the 80’s What prevails in Arab economies is the Arab markets experienced transformations in corporation with concentrated ownership i.e. their governance, and reforms took the form dominant shareholders who directly control of separation of regulatory functions from the managers. Hence, the key conflict of interest exchanges and establishing governmental au- tends to arise not between managers and share- thorities or securities commissions to regulate holders, but between controlling shareholders and monitor the markets. on one hand and minority shareholders and Among factors that hinder enforcement of other investors, on the other. This conflict rules and regulations are overlapping regula- of interest is referred to as the expropriation tory functions among authorities that monitor problem, because of the tendency for domi- listed companies (for example in Egypt and nant owner-managers to take advantage of (Corporate) Jordan), which hinders their effectiveness. their effective control over corporate resources Also, where transgressions are discovered, the to expropriate/divert resources from their governance high costs of seeking legal recourse and lengthy corporation in ways that deprive minority institutions within court procedures place major barriers before shareholders and other investors. shareholders. Add to that the lack of skilled Unfortunately governance systems within the Arab region judges knowledgeable about financial market the Arab region are mostly insider systems are mostly insider issues, and there are evidently some real prob- characterized by concentrated ownership by lems in the enforcement of laws relating to interested parties. Controlling shareholders’ systems characterized securities markets and companies. interests may conflict with those of minority by concentrated shareholders, such as when controlling share- INCLUSIVENESS holders abuse the firm’s resources for personal ownership by gain. The dilution of major shareholders’ vot- interested parties. Most of the rules and regulations in the Arab ing rights has been recommended to the extent world that preserve shareholder rights are that it provides room for other stakeholders’ stated clearly in the laws and by-laws of securi- rights. Complete separation of ownership and ties markets and companies’ laws. However, as control may not be realistic given the preva- is the case in many world markets, there is a gap lence of family firms and because that might between laws and regulations and the effective- hinder the business environment. ness of enforcement and implementation. The Furthermore, the lack of a strong share- size of this gap varies across the region. The holder culture and ignorance as to the rights of

134 ARAB HUMAN DEVELOPMENT REPORT 2004 investors has meant that shareholders’ partici- BOX 5-2 pation in corporate decision-making has been Capital market legal reforms rather limited. Encouraging proxy voting by With the increased realization that - The Egyptian and Kuwaiti securities approving the concept of registered and bene- higher standards of development may be markets have been regulated for over ficial ownership (as in Jordan and Egypt) could achieved through efficient financial mar- a decade. In Kuwait, an Amiri decree promote further participation. However, tech- kets, many Arab countries have passed had been issued in 1983 to regulate the nological differences between markets have new legislative reforms: Kuwaiti securities market as a response - In Jordan, laws and regulations govern- to the collapse of the unofficial Kuwaiti meant that this is not a viable means for voting ing the securities markets and joint stock market, Suq Al-Manakh, in 1982. in all markets – electronic voting is either not companies’ activities have undergone a - In mid-2002 Oman was the first in the practiced or not permitted. series of improvements and amendments region to issue the “Code of Corporate since their issuance in 1997. Governance of Muscat Securities Market Corporate governance and Arab stock - In 2000, the United Arab Emirates is- listed companies”. markets sued a Federal Securities Law regulating - By end-2002, supervisory and executive the securities markets for the first time roles were separated in the following Particular focus needs to be paid to corporate since the 1970’s. seven Arab capital markets: Jordan, governance within stock markets given the cru- - In 2003, by Royal Decree a law in Saudi Egypt, Oman, Tunisia, Morocco, the Arabia was passed that, by separating United Arab Emirates and Algeria. The cial role the latter play in mobilizing resources regulatory activities from operational two roles remained combined in the and attracting foreign direct investment in activities, resulted in major changes in hands of the capital market itself in the Arab countries. The Arab region compares the architecture of the market. rest of the Arab countries. very poorly with other regions in terms of its ability to attract capital flows, which goes some complex bureaucratic structures to perform way towards explaining its weak growth per- the tasks of prohibition and curtailment. formance. In addition to the police and the Ministries There are several reasons for the sluggish of Interior and Justice (and paradoxically some performance of stock markets in the Arab new government structures created especially world. For one thing, the supply of equities is to monitor non-governmental activity), the limited because public enterprises continue to security apparatus spearheads the control dominate a broad range of economic activities strategy of some contemporary Arab states. (although privatization efforts have improved With control as an end in itself and the law in the region over the last decade). Moreover, as its tool, the prevailing trend is to turn legis- With the authority of poor corporate governance standards (such as lation into support for the trusted arm of the inadequate accounting standards, insufficient executive apparatus, i.e. the security branches. the law weakened, transparency and a poor regulatory environ- With the authority of the law weakened, secu- security and ment) have discouraged capital movement to rity and enforcement agencies are free to dis- the Arab countries and have resulted in a lack regard or manipulate the most stringent laws, enforcement agencies of inclusiveness in the regional market. In addi- as happens when emergency laws are used to are free to disregard tion, the family-owned structures of most firms set aside all other law, or to fabricate criminal constrain the demand and supply of equities. charges against members of the opposition and or manipulate even Some countries in the region have taken civil society activists. In this environment po- the most stringent several steps to increase their markets’ depth litical prisoners may be rearrested on the day and liquidity, as well as to limit transaction they are due for release, sometimes even before laws. costs and technical risks. Specific measures leaving prison, while others can be re-arrested have also been adopted which target the stock on trumped-up charges such as refusal to com- markets in particular. ply with arbitrary orders like reporting daily to a police station. THE VICIOUS CIRCLE OF Manipulation of the law also opens the way REPRESSION AND CORRUPTION for economic corruption, the natural result of political corruption. Those who falsify election Government measures to curtail the develop- results and tamper with the law acquire tempt- ment of political and civil society by applying ing tools for forgery and their own personal a battery of laws (some dating back to the gain. beginning of the last century), in turn require

THE POLITICAL ARCHITECTURE 135 International scales for a “common per- economic institutions attached to their military ception of corruption” in business are avail- or security apparatus, to finance their activi- able from surveys carried out by Transparency ties. Here again matters become confused; it International, whose 2003 survey included 133 becomes difficult to draw the line between the countries of the world, 18 of them Arab (figure exercise of an official function (since individual 5-3). corruption may be but a reflection of the cor- The Arab countries span a wide range in ruption of the whole situation) and what can be terms of the ‘spread of corruption’ with no described as personal corruption. In addition, It is necessary to Arab country exhibiting a total absence of cor- there are ways to manipulate laws that, in many differentiate between ruption (grade 10 on the score). Arab countries, do not allow senior officials to International criteria, however, may not carry out private business while they occupy an corruption as part of fully account for the specific nature of the official post. Many officials circumvent the law a systematic state Arab situation. The politico-legal structure of by allowing members of their families to set up some Arab states makes it difficult to differ- companies and enterprises that often benefit policy and corruption entiate between corruption in its conventional from the official’s position and relations. as indicative of the form (abuse of public office for personal gain), There does appear to be a real need to and an inherent failing (rigged rules) in the re-examine the question of corruption and its failure of the state. system itself. For example, in some states both relationship to the political set-up. Corruption law and custom decree that the land and its exists, the governments themselves admit as natural resources belong to the ruler, and fail much, by periodically launching their anti-cor- to distinguish at this level between the private ruption campaigns. and public life of the ruler, while the private Aspects of corruption are also clearly property of the ordinary citizen becomes a visible to citizens, particularly those in the grant from the ruler. In such a situation, it is business sector who complain that the people difficult to talk of corruption in governance, in power monopolize the main areas of the for whatever the ruler does, he is disposing economy, either directly or as “partners” of of his own property. Some regimes set up successful businessmen. Moreover, persons in power and their close circle receive huge commissions for contracts concluded between Figure 5-3 the state and international or local companies, Corruption Perception Index, World and Arab Countries, 2003 including armament contracts (Ayoubi, 1995, 227-243; Ibrahim, in Arabic, 1996, 283-286). It is, nevertheless, necessary to differentiate between corruption as part of a systematic state policy and corruption as indicative of the failure of the state; a distinction should also be drawn between different levels of corruption. Corruption may not be widely spread among the lower ranks in oil states where employees are well paid. Yet even in these countries many such practices (such as obtaining commissions for government deals) are frequently carried out with the knowledge and blessing of the highest échelons of power. This type of corruption may be termed “structural corruption”, since personal abuse of public office and misuse of public finances are considered normal according to prevailing custom, or even necessary for the regime to endure. It is distinct from conventional cor- Source: Transparency International, 2003 ruption where the perpetrator acts behind the

136 ARAB HUMAN DEVELOPMENT REPORT 2004 back of ofﬁcialdom, in fear of the law. Figure 5-4 If ending corruption entails, among other Areas in which corruption is perceived to be widespread, ﬁve Arab countries, measures, deep economic reform, active laws Freedom Survey, 2003 and mechanisms of accountability, and transparent governance, “structural corruption” can be overcome only by radical reform of the political architecture. “Structural corruption” is one of the biggest obstacles to reform since it is systematically used to sabotage political and civil activity through its containment of the élites and by creating classes with vested interests in the status quo who are ready to defend it at all costs.

CONTOURS OF CORRUPTION IN ARAB COUNTRIES

The Freedom Survey, Annex 1, incorporates detailed measures of corruption in five Arab countries, which were used in carrying out a field survey on the subject. Some of the results are given below. The perceived spread of corruption (the ratio of participants in the survey who believe that corruption is pervasive) exceeded 90% in the five participating Arab countries. It is not expected to be less widespread in those coun- Figure 5-5 tries that were not part of the survey. Extent to which different societal groups are believed to be involved in the spread Respondents believed that corruption is of corruption, five Arab countries, Freedom Survey, 2003 more pervasive in politics. Corruption is considered prevalent in the economy and social relations. Neither parliaments nor the judiciary escaped the perception of corruption (Figure 5-4). In general politicians, businessmen and high-ranking officials head the list in the spread of corruption in the surveyed countries. The comparative rank of each country varies. In some countries, respondents complained more about corruption at the lower levels of the civil service (Figure 5-5).

PETTY CORRUPTION

Petty corruption refers to situations where Arab citizens have to rely on personal contacts (wasta) or pay a bribe to obtain services that are legitimate and to which they are entitled, or to avert a punishment by the authorities. The majority of respondents said that they were aware of a bribe paid or favours rendered

THE POLITICAL ARCHITECTURE 137 through personal contacts during the year groups of indicators: preceding the survey. Of the two, wasta is the • Voice and accountability: a cluster of in- more widespread occurrence (Figure 5-6). dicators measuring various aspects of civil and Respondents thought that the most impor- political rights and the political process; tant reason for resorting to wasta and bribery • Political stability and absence of vio- was to obtain a service. This underscores that lence: the indicators cover the likelihood of the often it is not possible to obtain a satisfactory government being destabilized or overthrown service in these countries without such prac- via unconstitutional or violent means, includ- The majority of tices. In a few cases, wasta and bribery were ing terrorism; used to escape a punishment (Figure 5-7). • Government effectiveness: this describes respondents said that Respondents thought that it was less use- the quality of services provided by the public they were aware of ful to take their cases up in the media or with sector; efficiency of the civil service and the the authorities in order to obtain a service or extent to which it is independent and free of a bribe paid or favours avert punishment and that the two most effec- political pressure; and the credibility of gov- rendered during the tive resorts remained paying a bribe or wasta ernment policies; (Figure 5-8). • Rule of Law: this measures the extent to year preceding the which legal provisions enjoy confidence and survey. THE ARAB COUNTRIES IN are adhered to, particularly as regards the ex- THE GLOBAL CONTEXT OF tent to which crime is widespread; efficiency of GOVERNANCE, 2002 the judiciary, and the fulfilment of contractual obligations; The World Bank publishes an international • Control of Corruption: this indicator database on indicators of governance and measures the extent to which corruption is corruption1 (Kaufmann, Kraay and Mastruzzi, perceived to be widespread, bearing in mind 2003). In this section, we utilize this database that this is “an abuse of public power for pri- to indicate the position of the Arab region rela- vate benefit.” tive to other country groupings, on five major Figure 5-6 Knowledge of acts of bribery or "favouritism" (wasta*) during the 12 months preceding the survey, five Arab countries, Freedom Survey, 2003

* Use of personal inﬂuence or connections.

1 Based on a few hundred variables measuring perceptions of governance derived from 25 sources provided by 18 different organizations.

138 ARAB HUMAN DEVELOPMENT REPORT 2004 Figure 5-7 Reason for paying a bribe or using wasta during the 12 months preceding the survey, ﬁve Arab countries, Freedom Survey, 2003

Figure 5-8 The best way to obtain a favour or to avoid a penalty, ﬁve Arab countries, Freedom Survey, 2003

THE POLITICAL ARCHITECTURE 139 Figure 5-9 Figures 5-9 - 5-13 contain graphical repre- Voice and accountability, the Arab region compared to other world regions, sentations of the position of the Arab region 2002 with respect to other regions of the world on each of these indicators. The ﬁgures show that the average of Arab countries falls close to the lower end of the indicator value. In this quantitative perspective then, the features of poor governance in Arab countries and the need for radical reform are once again conﬁrmed. This section compares the average among Arab countries (which vary from one to another): table a1-8 provides the breakdown on a country by country basis. A study of these results shows that Arab countries rate worst in the cluster of indicators relating to representation and accountability. All Arab coun- Figure 5-10 tries scored less than 0, as measured by this Political stability, the Arab region compared to other world regions, 2002 indicator. Arab countries exhibit a wider range of ratings on the scale where other indicator clusters are concerned.

THE DEBATE ON HOW TO REFORM

In view of the Arab and international consensus on the need to reform the Arab political scene and build good governance, there are essential requirements to be fulfilled. The first challenge is to reduce the centralized role of the executive in favour of other state institutions, civil society and local government in order to expand freedoms and guarantee Figure 5-11 fundamental human rights. However, this does Government effectiveness, the Arab region compared to other world regions, not seem possible without the co-operation of 2002 the executive, which controls the underpin- nings of the state. For this reason there is acute disagreement and even polarization among the Arab élites about the right way to reform. The debate revolves around whether to reform from the top-down (from the state), or from the bottom-up (civil society); whether change should spring from inside or through outside assistance and, ultimately, what values such a reform seeks to instil: traditional values, including religious ones, or modern, democratic and secular values along Western lines.

140 ARAB HUMAN DEVELOPMENT REPORT 2004 THE DISCOURSE ON REFORM Figure 5-12 The rule of law, the Arab region compared to other world regions, 2002 Change from the top or at grass-roots?

Advocates of Arab political reform, backed by international organizations and donor states, tend to opt for gradual reform from the “bottom-up”, through civil society activity. This position has several justifications, among them the deep-seated belief that Arab societies are not yet sufficiently mature for democracy and that the Arab political community is not ready to assume the responsibilities of change. In this view, civil society can bridge the gap on the one hand, and pave the way for change on the other, through education and culture-building for democracy. There is also a belief that the regimes may be more inclined to accept civil activity, which poses no direct challenge to their authority, than direct political activity. Figure 5-13 By contrast, there are those who believe Control of corruption, the Arab region compared to other world regions, 2002 in the priority of political reform, particularly because civil society cannot exist without a state respectful of a minimum of freedoms; this makes the situation more of a vicious circle. It is their view that direct pressure should be exerted on governments to make them accept reform. Undoubtedly, voluntary reform by regimes that have come to realize that reform is inevitable, either under foreign pressure or owing to a rift in the ruling élite, would, if genuine, be the shortest route to good governance and the least costly; that all remains, nevertheless, in the realm of promises. Regimes apparently want to apply a policy of “escaping forward” and manœuvering, making changes that are mere formalities and do not represent any true reform. Those effected and even those proposed remain limited. Some observ- External versus internal Voluntary reform by ers believe that Arab regimes have developed regimes…would, a unique model of “liberalized autocracy”, one The critical Arab political situation has led that the limited powers of civil society cannot some to pin their hopes on foreign action. To if genuine, be the them this seems, practically speaking, the only gradually change in the absence of an effective shortest route to good political community (Brumberg, 2003, 43). available solution to bring about change, ei- These two perspectives can be reconciled ther by using the military to bring the regime governance and the if we bear in mind that these reforms, how- to an end as in Iraq, or by exerting pressure least costly. ever limited their impact, have created space on the regime while offering compromise solu- for movement in both the social and political tions as in the Sudan. This situation has led to arenas that can be exploited to change and a heated debate in Arab élite circles about the develop the political situation, as we shall see usefulness of associating external factors with below. change. Many object on principle, while others

THE POLITICAL ARCHITECTURE 141 BOX 5-3 Moncef Al-Marzouqi: Giving democracy every chance

The idea of democracy has penetrated minds the ills of the political system with a magic expansion of citizenship through the genuine among the élites, politicians and ever widen- wand. Let us not forget that we once believed participation of each person at her/his own ing groups of society following a slow evolu- in “the homeland” and in socialism and unity; level; tion begun by the few “reconnaissance units” in embracing democracy, we are today adopt- - It focuses narrowly on representation which, at the beginning of the last century, ing the same uncritical mental attitude we had (bearing in mind that the word must also be took it upon themselves to start consider- then. It is crucial that we should listen care- understood in its theatrical sense), meaning ing democracy as a possible alternative and fully to its enemies, since: that its mechanisms are built on electoral begin thinking about its adaptation and He who is content is blind to every flaw rites dominated and exploited by hidden Arabization. This small band of intellectuals He who is discontent sees nought but failings aristocracies using private finance, their vir- and politicians was fiercely opposed by the If, in the 1930s, the communists had tual monopoly of the media which they own, autocratic system in intellectual and political listened to the enemies of communism and and elected officials with neither power nor battles over contrived problems, such as the understood that discontent is like a magnifier strength that ultimately resign in frustration priority of economic progress over freedoms, that enlarges any intrinsic flaws, and if they and angrily exit the stage in search of another cultural specificity, the suitability or other- had promptly addressed these flaws, history solution to their problems; wise of democracy for Arabs and the need for might have taken a different course. - It puts the reins of power in the hands of a slow transition to democracy so as not to This passing observation underscores campaigners carrying out programmes mar- make it indigestible. that the corrosive flaws which ate into na- keted through publicity methods designed to The collapse of such ideas, however, tionalism, pan-Arabism and socialism were ensure that politics and politicians have the does not mean that the Arabs collectively present in the mechanisms, institutions, ideas lowest status among the people, as is often the have come close to harvesting this crop or and values on which they were based and that case in liberal countries. that they can plant it in a wasteland which they simply surfaced when they were able to As advocates of democracy, we therefore still requires a lot of preparation. They have do so. This is a general rule and we believe demand a three-pronged campaign to break taken only their first steps along the road, and democracy to be no exception. We should down the defences of the autocratic system; few can say where that road is truly heading. therefore ask ourselves about the negative as- drive the democratic venture forward into Even the “forward reconnaissance units” of pects of democracy to which we are blind and people’s hearts and minds, and deep into the political pioneers have difficulty picturing which may render all our sacrifices in vain, as political arena; and generate serious thinking the phases of transition from their former occurred with many of the aspirations nur- about alternatives that use the experience of political system to democracy. Will it hap- tured by socialists, whose socialism betrayed different peoples to advantage, without ap- pen gradually, peacefully or violently, with them before the world did. plying ready-made prescriptions, particularly or against the West? With the Islamists, or We should be extremely wary of any at the institutional level. The aim of this war on condition of their elimination? To this I democracy that manifests any or all of the is to avoid making rash ideological statements would add that few are interested in examin- following characteristics in which: along the lines of “democracy is the solu- ing the actual mechanisms of democracy with - It is unaware that its essential function is tion”. Such slogans might one day bring us to a critical eye. The common denominator to expand economic and social rights; grieve over its remains, repeating meaningless among advocates of democracy is their blind - It fails to remember that its development phrases such as “democracy is so very attrac- faith in it as the ideal prescription for curing and even its survival are dependent on the tive and its advocates are so very repellent.”

justify it as a necessity and others still warn that such change. Past experience in Eastern Eu- foreign intervention will become inevitable if rope and Latin America (and in some Arab those concerned do not hasten to take the ini- states like the Sudan) point to the importance Certain groups hold tiative from inside (Dorgham, in Arabic, 2003, of a move that can come from civil society or- that the ideal form of Ibrahim, in Arabic, 2003, al Zayyat, in Arabic, ganizations, trade unions, voluntary associations and religious movements, a move to end foreign intervention to 2003). By way of contrast, certain groups hold the state’s monopoly over political activity; a promote democracy that the ideal form of foreign intervention to move to strengthen society’s ability to resist the would be to stop promote democracy would be to stop sup- mechanisms of systematic repression used by porting dictatorial regimes in the Arab world the State to immobilize social forces. supporting dictatorial (Sadiqi, 2004, 320). Methods of repression and state terrorism regimes in the Arab are for tyrannical regimes “like bank reserves”, The Optimum Choice to quote Waterbury “effective only if the cli- world. ents do not rush in droves to withdraw their This brings us to the alternative possibility, money. If most citizens defy the regime, the lat- that of change stemming from within and led ter fails to ﬁnd enough terror, jails and savage by dynamic social forces with a clear stake in cruelty to meet the requirements of domina-

142 ARAB HUMAN DEVELOPMENT REPORT 2004 tion” (Waterbury 1995, 82). pressive actions. For all, the goal is to develop The next step, namely transition to direct a new way of thinking, more in keeping with political action, requires a consensus among the requirements of democracy and peaceful the élites. After all, one of the main reasons co-existence with competing movements. why current circumstances do not change is that the regime has succeeded in dividing society’s vanguards, even convincing some that it is in their interest to resist democratic “If most citizens defy change while also encouraging sectarian, tribal and other divisive trends. Such a consensus is the regime, the latter of great importance, first because it represents fails to find enough the very essence of the democratic process and what distinguishes it from popularism, terror, jails and which is, basically, the outcome of negotiations savage cruelty to meet among parties to an as-yet-unresolved conflict (Przeworski, 1988; Waterbury, 1995, 91-102). the requirements of Secondly, because the expected popular up- domination.” risings against the state of affairs will, in the absence of such consensus, inevitably turn into civil wars, as in Algeria and Somalia.

Bridging the gap between political forces

If consensus among the political forces is a prerequisite for positive transformation of the political arena, formulas for its achievement are needed. There are, in the Arab world, several splits dividing the political forces into sectarian, racial, regional and tribal groups. The biggest divide, however, is that separating the Islamists on one side and the secularists, liberals and nationalists, on the other. In fact, this rift has come to replace the traditionalist/radical one which dominated the political arena in past years. To bring about a consensus among all these forces undoubtedly requires creative thinking out of the box. We would add that the matter must go beyond tac- tical and phased agreements (without underes- timating their importance, since democracy is the outcome of a series of successful bargains and agreements). Rather, it must result in intellectual and methodological reconsideration by the parties concerned. Some reviews have already begun and these should be encouraged and built upon. They should include a re-examination by the Islamists of their views on democracy, human rights and the question of citizenship. Other movements should review their exclusionist and dictatorial tendencies, their condemnation of past mistakes and re-

THE POLITICAL ARCHITECTURE 143 CHAPTER SIX Arab Societal Structures and the Regional and International Environments

Introduction Clannism (al-‘asabiya) in Arab Society—the Authoritarian Paternalist System and the The societal context in Arab countries is the Family third key factor in explaining the currently deteriorating state of freedom and govern- Clannism, in all its forms, (tribal, clan-based, ance in the region. This chapter looks at communal, and ethnic) (Mohammad Abed al- Each link in the chain both the internal and external dimensions Jabiri, in Arabic, 1995) tightly shackles its fol- takes its portion of of that context. The first dimension includes lowers through the power of the authoritarian the characteristics of societal structures in patriarchal system. This phenomenon, amply freedom from the Arab countries and of the dominant (rentier) discussed in the literature (Hisham Sharabi, individual and delivers mode of production. The second dimension in Arabic, 1990), represents a two-way street relates to the impacts of the regional and in which obedience and loyalty are offered in her or him to the next, global environments surrounding the Arab return for protection, sponsorship, and a share which, in turn, steals a world, which have recently had a stronger of the spoils. influence in detracting from freedom in Clannism implants submission, parasitic further share. Arab countries, particularly in terms of na- dependence and compliance in return for tional liberation. protection and benefits. More damagingly still, clannism is the enemy of personal independ- SOCIETAL STRUCTURES ence, intellectual daring, and the flowering of a unique and authentic human entity. It blocks the energies that lead to growth and a mature, THE CHAIN THAT STIFLES self-reliant intellect. It must do this to ensure INDIVIDUAL FREEDOM its own smooth functioning and to guarantee its sway. The reproduction of this phenom- A number of interrelated factors constricting enon across society turns it into an array of freedom are embedded in Arab societal struc- suffocating institutions that reward loyalty and tures. Despite their diversity and complexity,1 discount performance. One is good so long as each of these factors is a link in an intercon- one’s loyalty is guaranteed; it does not matter, Clannism implants naturally, if one’s performance is poor; and nected chain. Starting with the child’s up- submission, parasitic bringing within the family, passing through woe betide clan members whose loyalty falters, educational institutions, the world of work, however good their performance. dependence and The worst effect of clannism is that it eats and societal formation, and ending with poli- compliance in return tics - both internal and external - each link in into the cohesive force of citizenship and its in- the chain takes its portion of freedom from the stitutional manifestations. Yet clannism is not for protection and 2 individual and delivers her or him to the next, an unalloyed evil. Its positive aspects include benefits. which, in turn, steals a further share. These a sense of belonging to a community and the links reinforce one another in a highly efficient desire to put its interests first. This can amount coercive system. to a total dedication, or self-abnegation, for

1 A sustained and careful research effort is called for in order to deconstruct the Arab societal order, especially in terms of its relation to freedom and good governance. 2 It has been handed down that the Prophet said that “A man’s love for his people” is not clannism, but “it is clannism when a man supports his people in injustice” (Farid Abdel Khaliq, in Arabic, 1998, 213)

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 145 the sake of the community that bespeaks an nuclear one. It has however retained at its heart impressive sense of common purpose, one a power structure in which a “pure form” of often stronger than that found in some modern authority remains. This consists of a father (or forms of societal organization. other male in the absence of the natural father) The problem with clannism in Arab coun- who often tends to be authoritarian, bestowing tries is that it produces types of societal organi- and withholding favours; a mother, usually ten- sation that are modern in form but objectively der-hearted, submissive, and resigned, who has Clannism flourishes, backward. Class structure is an example. no say in important matters except behind the and its negative In East Asia, for instance, traditional family scenes; and children who are the objects of the capitalism is responsible for important modern father’s instructions and the mother’s tender- impact on freedom achievements, but in the Arab environment ness. These children are referred to in everyday and society becomes it is associated with a rent-based economic language as “ignorant kids” and “scroungers” model, with all that that suggests by way of and are barred from any say in their dealings stronger, wherever exalting the values of obligation, favouritism, with adults, or any confrontation with them, civil or political and inefficiency. Consequently, family capital- whatever the Convention on the Rights of the ism in the Arab world has failed to realize the Child may provide for on that score. institutions are weak advances of “the Asian miracle.” Obviously, in such male-oriented struc- or absent. A creative – and difficult – challenge for tures girls are subject to a double dose of the future is to find ways to blend such positive freedom-denying authority. aspects of clannism with the concept of citizen- Yet this traditional picture of the authori- ship in order to develop a basis for freedom tarian Arab family is starting to break up as a and good governance. result of the increased pace of social change, Clannism pervades a large number of Arab the influence of modernity, including informa- societal structures, which it transforms into tion and communication technologies, and centres of influence. There are political, mili- changes of a political nature. tary, regional, and administrative allegiances, Contributing powerfully to the erosion and Arab citizens cannot avoid becoming of clannism in Arab households is the rise of ensnared in their nets if they wish to preserve women within the family, sometimes at its head. their status in society, their livelihoods, and There are several reasons for this: increased their personal security. education for girls and their aptitude for, and Clannism flourishes, and its negative im- excellence in educational achievement; wom- pact on freedom and society becomes stronger, en’s increasing contributions to family earnings wherever civil or political institutions that pro- as a result of their growing participation in the Contributing tect rights and freedoms are weak or absent. labour market, -especially amid economic powerfully to the Without institutional supports, individuals are slumps and rising poverty- and particularly in driven to seek refuge in narrowly based loyal- the informal sector, where working conditions erosion of clannism in ties that provide security and protection, thus are both flexible and difficult. Another factor Arab households is the further aggravating the phenomenon. Partisan is that more families are breaking up through allegiances also develop when the judiciary is increasing marital separation of various kinds, rise of women within ineffective or the executive authority is reluc- arrangements that often lead to the woman’s the family, sometimes tant to implement its rulings, circumstances shouldering of responsibility for the children. that make citizens unsure of their ability to Women in the occupied Arab territories and at its head. realize their rights without the allegiances of those in theatres of war have also come to the clan. shoulder increased familial responsibilities In varying degrees, the family, the primary because men are frequently disabled, lost or unit of Arab society, is based on clannism. The detained as a result of the conflict. dosage is larger in clan-based societal groups Another force eroding clannism is the rise and lower in modern urban families, especially of a younger generation inclined, for various affluent ones. reasons, to rebel against the clannish practices The Arab family started as an extended of its forebears. (tribal or clan-based) unit and has ended up as a

146 ARAB HUMAN DEVELOPMENT REPORT 2004 Education BOX 6-1 Education and Human Rights in Arab Countries The second AHDR (2003) analysed the status of knowledge acquisition and diffusion in the Basic Conclusions: School text books and human rights Arab world and identified a growing knowl- From the study of the contents of school- principles edge gap. It underlined that the largest chal- books and courses in terms of their From the study and analysis of courses substance, goals, and directives, it is clear and text-books in basic education, i.e. at lenge facing Arab education was its declining that they fail to reflect any clear strategy primary and preparatory levels, the main quality. In Arab educational institutions, cur- for the teaching of human rights prin- conclusions are as follows: ricula, teaching and evaluation methods tend ciples and values. Because the general • Among the great quantity of books to rely on dictation and instil submissiveness. principles used in their preparation show analysed, few, if any, texts and objectives little awareness of human rights at that clearly express an awareness of human They do not permit free dialogue and active, level, the presentation of these principles rights. exploratory learning and consequently do not and values is random and unsystematic. • There are indications in some cases open the doors to freedom of thought and criti- Since course components were not con- that initial steps have been taken to ad- cism. On the contrary, they weaken the capac- ceived as parts of a strategy to acquaint vance human rights education. However, ity to hold opposing viewpoints and to think students with such rights, their content, this does not apply equally to all Arab goals and objectives offer little food for countries, and there are no common outside the box. Their societal role focuses on thought or training. standards among these measures in the reproduction of control in Arab societies. Though the books did refer to some terms of their level, pace or methodol- However, the educational system is not human rights principles, these references ogy. Moreover, they do not apply to all uniform in Arab countries. In addition to the were scattered and based on a methodol- academic subjects or school years. ogy that, for the most part, aimed at cre- • Contents of text-books are geared predominant government-provided education ating a “faith-based” mentality reliant on towards other goals: social, economic, sector, there are at least two other sectors that passive acceptance, or even on instilling ideological or religious, which makes are at odds with public education from one or fear. This pedagogical approach contra- it difficult to say that the provision more perspectives. The first is private educa- dicts the right to the development of the of human rights principles is an aim tion mainly serving the affluent, a sector that personality and of a critical mind and in itself in most Arab schools. More inhibits creativity and innovation. often than not, they are a factor within is expanding exponentially as a result of the It is significant that while teacher a different context: in praise of the Arab deterioration of public education. Privately training institutes and training sessions homeland, or of the Islamic or Christian educated students may gain a better level of are intended to prepare the teacher pro- religion, or else as a factor in criticizing knowledge and skills and may perhaps pre- fessionally, equip them with methodolo- and condemning the practices of other gies and information and knowledge in peoples. Human rights are therefore serve a greater measure of freedom. This is so, various fields, nowhere do human rights used to advance other aims, rather than however, mostly in an individual sense. Educa- feature among the subjects in which they to teach and educate young people about tion in this sector is often tied to foreign cur- receive training the principles themselves. ricula or to foreign educational institutions and Thus, in the majority of Arab countries covered by the study, school-books lessons are taught in a foreign language. This and courses reflect obvious contradic- type of education is thus faulted at times for tions with human rights principles as instilling in its students a measure of detach- universally accepted. ment from their own societies, and especially Source: Arab Institute for Human Rights, 2001 from their culture, since they are acquiring a different culture - manifested in their curricula The subdivision of the educational system as well as in the language and style of their into three mutually exclusive sectors leads to education. In many cases, their detachment the weakening of the social fabric and the The subdivision of the can prevent students from communicating ef- narrowing of opportunities for the growth of educational system fectively with their societies and from transfer- a shared space whose common denominator is ring to it whatever knowledge and skills they citizenship. into three mutually may acquire. The suppression of freedom in the educa- exclusive sectors leads The second sector is the religious educational system is not reserved for students but tion system found in some Arab countries, rather encompasses the totality of the system. to the weakening of which attracts those who do not find a place in Thus teachers, “oppressors” of their pupils, the social fabric. either public or private education. Teaching in are in turn subject to oppression by the edu- these places is more restrictive of freedom and cational administration whether at the teacher- more reinforcing of traditional loyalties than in training institute, or local, or central levels. either of the two alternatives. And this is to say nothing of the oppression of

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 147 teachers as a group within society as a whole, media, such as the Arab satellite television sta- a trend that reflects the decline in the material tions and some newspapers and their web sites, and moral status of the majority of teachers. have started to provide avenues for knowledge What of those who never attend school acquisition and for freedom of expression and or do not go on to complete its upper stages, opinion that were previously unattainable. most of whom are the children of the weaker social strata? Usually, this group joins the Freedom in the content of education in three Maghreb countries More recent labour market early, and so receives training via the apprenticeship system, which imparts generations of Arabs A study carried out in three Maghreb countries useful practical skills, at least in terms of those — Morocco, Algeria, and Tunisia — focusing may well be more required by the labour market. To that extent, on curricula for the subjects Arabic Language the labour market may substitute for the lack and Civic Education at the preparatory or in- strongly influenced 3 of education, even if only in part. This group termediate level, reached the following con- by the media than may, then, be more fortunate in acquiring skills clusions (Lemrini and Marwazi, background that translate into a higher level of earnings, as by educational paper for this Report): studies in certain Arab countries have shown The way the concept of freedom figures in institutions. (Nader Fergany, 1998). From a freedom per- schoolbooks confirms a deficiency, not only in spective, early school-leavers escape the loss relation to the concept itself, but also to values of freedom that the educational system exacts related to human rights as a whole. Omitting but often do not preserve their freedom in full, freedom, which is one of the fundamental since the apprenticeship system, especially in principles and values on which other values the manual and technical professions, is itself a rest, can only lead to omissions in the concepts rigid and authoritarian pyramid. of personal dignity, equality, justice, and as- For all its deficiencies and flaws, educa- sociated civil, political, economic, social, and tion, particularly at the higher levels, remains a cultural rights. vital source of knowledge, enlightenment and • Given how thin Arab freedom is in reality, leavening for the forces of change. Perhaps references to it in these texts relate to a free- the most eloquent and dynamic expression of dom indistinguishable from homeland and re- that vitality is the vigour of university students’ ligion. The source from which freedom is said protests, despite the political intimidation to derive its authority fluctuates between these characteristic of Arab societies. two. In practical terms, this influences the Included in the educational apparatus in choice of texts, which, for the most part, are set The way the concept its broad sense are the media, which are char- either in the recent past (the colonial and/or of freedom figures in acterised by one-sided views and a tendency to independence period) or the distant past (the puff imagined achievements and glorify “the initial stages of Islam). This invites the learner schoolbooks confirms one leader”. Many also serve up forms of cheap to live in the past more than the present, and a deficiency, not only entertainment aimed at gratifying the senses this basic feature of the texts determines the 4 rather than edifying the mind. As a result, the development of knowledge and personality in in relation to the public mind is not opened to opportunities for the following ways: concept itself, but also self-development, knowledge acquisition or - A disjunction between text and reality. new thinking, let alone to criticism of contem- - Double standards in the way things are to values related to porary events and to creative ways of changing viewed (“our actual situation is poor and its human rights. it. More recent generations of Arabs may well parameters are set by defeat on a number of be more strongly influenced by the media than levels, but we are the best of nations in exist- by educational institutions. ence”). Not all media channels are mediocre. For - The propagation of illusion (“regardless of those able to access them, the “new wave” the givens of our current situation, we shall be

3 The other side to the equation is of course that the education system’s poor outcome in terms of skills valued by the labour market is one aspect of the deteriorating quality of education. 4 Recently many have contrasted the surfeit of short video clips in the Arab media, which are aimed at sensual arousal, with the paucity of nourishing intellectual content.

148 ARAB HUMAN DEVELOPMENT REPORT 2004 victorious, if only because we were victorious • Given the distinguished status of training in the past.” What is not specified is that vic- as a basic pillar in the process of qualification, tory here refers to the current battles against its evaluation provides a mirror that reflects the poverty, ignorance, or despotism… Thus the defining vision and background of the authors point of departure is religion and the point of of schoolbooks. If these books themselves show What does freedom arrival is the homeland, which supports the scant regard for the concept of freedom and its point of departure while failing to evoke the associated principles, values and human rights of choice mean when present reality by examining society). (Arabic Language texts) or for its legal basis the Arabic Language Taking the past as the starting point intro- (Civic Education), the questions and activities duces a self-justifying logic into the lesson, be- in the accompanying exercises reveal much texts deal with cause the present, which does not bear out the about the trends that determine the pedagogi- everything connected opinion proffered, is not allowed to challenge cal imagination. Whenever the texts incline, it. Hence the lesson becomes mere pretence, in context or meaning, to overlook rights and with marriage divorced from reality. freedoms, it should be insistently required that and the family in • The existence of individual and collective training correct this deficiency by deconstruct- freedoms is acknowledged in Civic/National ing those values that are not compatible with the language of Education classes dealing with citizenship, but rights and freedoms and by introducing the command, prohibition, the appearance of the same freedoms varies values that would reinforce them. Thus the from rare to nil in Arabic Language classes. The texts that touch on slavery could serve a ben- submission, tutelage fact that individual and collective freedoms are eficial purpose if the exercises provided an af- and obedience? interrelated and mutually reinforcing and that firmation of equality, the right to life, freedom, both rest on such freedoms as the law may and personal dignity. Texts themselves could guarantee (e.g. freedom of opinion) is relevant build a framework and opportunity for review- for students; but this point is not addressed at ing and enacting outcomes of Civic Education the level of the Arabic Language texts. Instead, at this level. these texts analyse particular freedoms via nar- • The standardized nature of exercise ques- ratives relying on suggestion, explicit direction, tions does not allow the learner to discover, and manipulation of the language. What does absorb, or assimilate the values that reinforce the guarantee of the individual’s right to own freedoms and human rights. On the contrary, property, cited in the Civic Education books, learners are limited to a few set illustrations mean to a citizen who is unemployed and thus that are maintained rigidly through an inter- unable to exercise that right in the simplest of pretation that is linked to the text, memoriza- the forms described in the books used in the tion and the language. As a result, the material Arabic Language class? And what do guar- becomes a mere vehicle for itself (language), antees of freedom of opinion and expression disassociated from its subject (values). Learning comes to be (mentioned in the same books) mean when • The different levels of exercises not only people’s thinking is restricted to one school fail to provide the learner with information governed by dictation of religious law or the ideology of one ruling related to freedom; they also fail to make him without the learner party? What, above all, does freedom of choice or her aware of its value. Discussion, opinion, mean when the Arabic Language texts deal expression, and understanding are all circum- being educated in, or with everything connected with marriage and scribed by the text and are converted through practicing, freedom. the family in the language of command, prohi- it into mere footnotes or marginalia that take a bition, submission, tutelage, and obedience? proper understanding of the text for granted. • The reality of the freedoms depicted in Learning comes to be governed by dictation, school-books (the Arabic Language texts, for without the learner being educated in, or prac- example) is the reality of their absence. They ticing, freedom. are not available and cannot be enjoyed. They are present only to the extent that prohibitions The World of Work and restrictions, which negatively imply that After completing their higher education, chil- they exist, abound and because many are de- dren of the middle class usually seek a job of prived of them.

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 149 The Political Realm BOX 6-2 Educational Development in Tunisia For those that are impelled to take an active In the early 1990s, Tunisia launched tures and to the wealth of ideas humanity an educational reform programme has produced in various ﬁelds including interest in current affairs and political trends aimed at nurturing in students the key technology, science and the humanities. and to express that interest publicly, or that try values of freedom, equality and non-dis- The reform necessitated a review of and organize to achieve some social goal, soci- crimination, especially between men and educational programmes, curricula and ety has several risks in store. Such people meet, women. Its objectives included instilling school textbooks and the organization of an appreciation of rational methods of teacher-training courses. This pioneering at the hands of the authorities and their instru- thinking and of dealing with others, and experience would repay close study and ments, enough troubles to guarantee that, in of the value of opening up to other cul- evaluation. most cases, their appetite for social action will be short-lived. At this point, the grip of the social chain on freedom in Arab countries becomes intense. BOX 6-3 Omar ibn Abd al-Aziz: Justice and the law, not the The Arab public space is small and con- sword and the whip stricted. Its limited dimensions do not enable Ibn Asakir, quoting al-Saib ibn Mu- received your letter describing the people civil society institutions to provide effective hammad, said: Al-Jarrah ibn Abdullah of Khurasan as an unruly mob who can group protection to citizens who are vulner- wrote to Omar ibn Abd al-Aziz, “The be persuaded to mend their ways only by people of Khurasan are an unruly mob, means of the sword and the whip. That able to oppression as individuals. This weak- and the only way of persuading them to is quite untrue; the way to persuade them ness increases the oppressive impact of politics mend their ways is by means of the sword to mend their ways is by means of justice on the individual in Arab countries and allows and the whip, if the Commander of the and the law, and that is the method you overt and covert powers to curtail the fragile Faithful will give me permission to adopt must apply.” that method.” Omar wrote back, “I have Jalal al-Din al-Suyuti, 194 freedoms of society’s atomised members. As discussed in the second section of this chapter, Source: Farid Abdel Khaliq, in Arabic, 1998, 24 violations from the outside world compound some note (according to prevailing criteria). this situation. This generally comes after a period of unem- Poverty and the Class Structure ployment whose length depends, in the absence of efficient labour market mechanisms, Poverty is the antithesis of human develop- on the capacity of the family to mobilize what- ment, depriving people of the opportunity ever money and power they may be blessed to acquire capabilities and to utilise them ef- with. While awaiting their release, the gradu- ficiently to achieve a decent life. Poverty also ates return to the bosoms of their families, prevents people from participating effectively, where their dependence on patriarchal bounty as families and individuals, in civil and politi- increases in proportion to their expanding cal society. It thus robs the public sphere of its needs as they get older and in the absence of vitality and contributes to the impoverishment The Arab public the independent resources that would enable of politics. space is small and them to act freely. Thus, champions of freedom and good When fate or chance ends the period of governance tend to emerge more strongly constricted. unemployment, the graduate steps onto the higher up the social structure, to the extent lowest rung of a rigid, restrictive hierarchy, that the upper echelons are sympathetic to the especially if the job is with the civil service. cause of freedom and support the organiza- The graduate’s lowly status in this hierarchy is tions of civil and political society. Nonetheless, compounded by the poor work skills he or she an aversion to involvement in public life, and has acquired, as a result of the declining quality especially in political activity, continues among of education. Only a small minority of young those in the better-off social groups who are people, usually the children of the inﬂuential concerned with protecting their possessions few with money or political authority, emerges and special social status. Eliminating poverty from the attrition of the work world with a por- in coercive societies where citizens are striving tion of individual and personal freedom intact. for freedom is especially important because poverty tends to force people to focus on meeting their basic needs and thus prevents them

150 ARAB HUMAN DEVELOPMENT REPORT 2004 from contributing to the public space, more so Hijazi, in Arabic, 2001). than in other types of societies. Yet beneath the layers of submission and There is a perception that poverty in Arab stagnation there remains a frustration that countries is higher than levels indicated in in- could explode in ways seriously detrimental ternational databases. Insofar as inequalities in to human development if ever the container income and wealth distribution are increasing, grows weak. This kind of violent outcome the numbers of the weaker social groups are would be destructive of both people and civili- growing. It is feared that the class structure sation and the antithesis of those vital energies in Arab countries does not support a free and that drive a purposeful being and existence. well-governed society. Indeed, it may impede Such frustration, however, could be chan- Suppression leads the societal transformation required to bring nelled in a positive developmental direction individuals to become that about. if appropriate civil and political frameworks were in place. their own censors and Is This Stranglehold Eternal? Such a transformation would spearhead a to contain every urge transition from oppression and waste to revi- As they tighten and grow, the constrictions talised human capacity by nurturing total com- to speak or act. of the chain on freedom become internal petence in the individual and creating capacity constraints on the self. Suppression leads and competence in institutions. These are the individuals to become their own censors and components of psychological and institutional to contain every urge to speak or act. Depriva- health that guarantee growth and strength in tion succeeds most when people feel hostility society. It would be a transition from a mor- towards themselves and rein in normal human bid state of chronically weakened human and aspirations and rebellions. At that point, the institutional resources and flagging societal individual is transformed into a complaisant resilience, to one of social efficacy that would subject “more royalist than the king”. be capable of creating a role for Arab society This complicated structure has led Arab and raising its status. Strengthening any one of citizens, including some among the intelligent- these three dimensions (of psychological, insti- sia, to a state of submission fed by fear and tutional, and societal health) will trigger growth marked by denial of their subjugation. This and a new dynamic with a mutually reinforcing state is manifested in acts of self-censorship and effect on the other dimensions. It is this that in an evident retreat from public engagement will bring about a change of orientation from that sometimes amounts to “resigning from silence and historical stagnation or retreat to politics”, a pattern that is reaffirmed among development and progress (Mustafa Hijazi, in younger generations (for example: Nader Fer- Arabic, background paper for this Report). gany, 1995). Yet there are signs, even among segments traditionally considered pillars of the Yet beneath the A MODE OF PRODUCTION THAT establishment, that this state of affairs cannot REINFORCES AUTHORITARIANISM layers of submission continue and that the natural urge of human beings to claim their freedom will re-surface. and stagnation there A society’s mode of production is the The stifling of freedom also pushes Arab method by which its economic surplus is remains a frustration individuals to retreat into a preoccupation with derived, distributed and invested, particularly the basic needs of security and livelihood, for that could explode. in developing and improving the productive they are neither master of their own persons nor system itself through investment in human master in their own countries. Their citizen- and physical assets. The mode of production, ship becomes a kind of gift conceded to them however, produces a mixture of societal ar- on condition that they remain docile. The very rangements, notably in the form of political fabric of a free and open society is thus eroded. structures and a societal system of incentives As the individual enters into a state of learned that preserve and reproduce the main charac- impotence (Westin, 1999) and society lapses teristics of the mode. into a state of historical stagnation, custom and Chapter 7 of the second AHDR discussed repetition become the desiderata rather than how the Arab countries’ prevailing rentier change, transformation, and growth (Mustafa

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 151 mode of production weakens incentives for be accountable to them. On the contrary, knowledge acquisition. Here we discuss the when the flow of rent depends on the good consequences of this mode of production for will of influential outside forces, as in the case freedom and governance. of some Arab countries, the right of account- In essence, the rentier mode of production ability passes to those who control the flow of provides an economic foundation supportive rent, instead of remaining with citizens, who of authoritarian governance or at least fails to are turned into subjects. In the rentier provide the foundation of good governance, By contrast, in countries where there is particularly with regard to representation and representation and concomitant accountability state, government accountability (George Abed, 2004). government revenue comes from taxes paid by is absolved of The basic source of rent in Arab countries citizens. The latter therefore have the right to comes from the extraction of mostly unproc- hold the ruling bodies accountable about what any periodic essed natural resources, primarily crude oil. is being done with funds that they provide for accountability, The direct benefit of oil rents is not confined to the public good and which they authorise the Arab Gulf countries; in an increasing number government to manage on their behalf. Repre- not to mention of other Arab countries, oil is also the main sentative institutions play a pivotal role in this representation. source of public revenue. Oil rents flow into regard. A social mentality is firmly established non-oil Arab countries by way of financial and patterns of behaviour are generally con- remittances, whether official or sent by their sistent with the social contract that goes with citizens working in the oil countries. this political economy model. Arab states also receive other rents, some of In the Arab countries, taxes account for which are derived from geographical location only a small percentage of public revenue, such as the income of the Suez Canal. A small (Figure 6-1), with an even smaller percentage number of Arab states that are positioned for than the average in Arab oil countries. In 2002 an influential role obtain rent on the strategic taxes in non-oil Arab countries accounted for position of the region and the challenges which 17% of GDP, and for around just 5% in Arab that position brings. They receive such inflows oil countries (Arab Joint Economic Report, principally in the form of aid. in Arabic, 2003). This can be compared, for As many studies have indicated, the example, to around 23% in Germany, 24% in rentier mode of production opens cracks in Italy, and 28% in UK. Thus taxes in themselves the fundamental relationship between citizens provide no major stimulus for Arab citizens to as a source of public tax revenue and govern- call the government to account for what it does Taxes in themselves ment. Where a government relies on financing with their money. from the tax base represented by its citizens, This type of tax structure also minimizes provide no major it is subject to questioning about how it al- the opportunity for citizens to protest against stimulus for Arab locates state resources. In a rentier mode of their government. Direct taxes, in particular production, however, the government can act income tax, are viewed as the category of tax citizens to call the as a generous provider that demands no taxes that gives citizens most proof that they are con- government to or duties in return. This hand that gives can tributing to the public purse. In Arab coun- also take away, and the government is there- tries, the majority of tax receipts are derived account for what fore entitled to require loyalty from its citizens from indirect sales and customs taxes hidden it does with their invoking the mentality of the clan. In Arab oil in the price. In addition to falling more heav- countries, such generosity has taken the form ily on the most vulnerable groups in society, money. of the “welfare State” particularly in times of these types of tax typically conceal the direct affluence. This form of governance has been link between tax payments and funding of the distinguished by the absence of taxation. public purse, thus weakening public pressure In the rentier State, therefore, government for accountability. At the same time, income is absolved of any periodic accountability, not tax revenue is negligible and tax evasion is on to mention representation. As long as the rent the rise, particularly among influential social continues to flow, there is no need for citizens groups, which, in principle, should shoulder to finance government and thus expect it to the greatest burden in funding the public

152 ARAB HUMAN DEVELOPMENT REPORT 2004 purse, if only as fair return for their greater Figure 6-1 share of power and wealth. The share of taxes in public revenues and the share of income taxes in total Moreover, in Arab countries, the share tax revenues (%), Arab countries, 1992-2002 of direct taxes appears to have dropped over time, as a result of increasing resort to indirect taxes (Figure 6-1). In addition, this rentier mode of production gives rise to specific arrangements for reinforcing authoritarian rule through the generous financing of agencies of organized repression and the mass media, invariably owned or monopolized by the regime. Such financing can even be extended to the judiciary and representative councils. As a result, the dominant few can utilize these channels to sustain their rule and facilitate and ensure the effective exercise of oppression, especially by restricting civil and political society (Chapter 5).

THE LONGING FOR FREEDOM AND Source: Data from the Joint Arab Economic Report for 1998-2003,in Arabic. JUSTICE IN POPULAR CULTURE It is well known that Ibn Khaldoun’s project, in one of its original multiple facets, was “the Despite the repressive chain that stifles free- positive, realistic opposite” of the spirit of that dom in Arab societies and the negative effect age, the mists of which he aimed to dispel. Yet of the rentier state on political participation, that heritage of the “absurd” “with its belief there remains a longing for freedom in the in magic, astrology, genies, spirits, divination, Arab world expressed in popular culture. No the miracles and powers of holy men, dreams, discussion of freedom in Arab culture would fables devils, ghosts, winds, etc. (Muhammad be complete if it confined itself to formal cul- al-Gohary, in Arabic, 1981, 2: 163-233, 411- ture, or the culture of the “elite”. In fact, the 440; Shawqi Abdel Hakim, in Arabic, 1994, 1, horizons of popular or folk culture are often 87-120), has not disappeared from the Arab in- broader than those of thinkers, philosophers, dividual and collective memory. It only began intellectuals and scientists, notwithstanding to ebb slowly in “the age of Arab enlighten- the latter’s great impact on the life and destiny There remains a ment” in the mid-nineteenth century. It is no of peoples. In its own way, the “collective con- secret that this folk heritage, where people re- longing for freedom sciousness”, with its mythological, symbolic linquish their will and determination to act in heritage, its folklore, tales, oral tradition, scien- in the Arab world, the real world, submitting instead to the magic tific knowledge or “pre-scientific” knowledge, forces of the unknown, is a superstitious state expressed in popular folk poetry and epics, national songs and so on contrary to freedom. – also shapes the history of peoples. culture. Such categories of folk culture are only In Arab cultural history, folk culture may, a limited part of the Arab folk heritage and at ﬁrst glance, seem out of sorts with freedom. oral tradition. The greatest literary manifesta- It is a culture characterized by images, beliefs tions of that tradition – folk epics and siras and legends that came from a distant past (life stories) – are glowing examples of the steeped in magic, and in fables and tales that elevation of the “dream of freedom”. They defy imagination. Such beliefs have remained conﬁrm that this heritage venerated national- alive since pre-Islamic times, into the Islamic ist and social causes and aspired to social and age and up to the modern day. They reached national liberation. When those epics and life their peak at the time of Ibn Khaldoun, con- stories were being created, such aspirations sidered the symbol of the age of “magic, of belonged to the category of “what remained talismans, of Zodiac signs and of astrology”. unsaid”, and they expressed a popular desire

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 153 for freedom in the face of internal tyranny, aimed at emancipating popular culture, from oppression and external dangers. Apart from the circle of magic, idolatry and other inherited their entertainment, educational and aesthetic myths. In Al Amira that Al Himma (“The value, they also served to compensate people Story of Palestinian Genealogies”) which cov- for adversity and provoke a desire for change ers almost five thousand pages, some of the (Mohammad Rajab al-Najjar, in Arabic, 1995, main events revolve around a central social 1, 226-243). The Lives of Antara, of Hamza of issue, “the emancipation of Arab women” in (Epics), apart from the Arabs, of Seif Ibn thi Yazan, of Al Amira a backward time when a relapse into Jahiliyya their entertainment, that al- Himma, of Bani Hilal and of Al Zaher was under way. The epic narrator exposes the Bibars are not what the champions of formal society of traditions and the harem. He then educational and culture made them out to be: i.e. adulterations replaces it with “a society of free women”, aesthetic value, also of Arab history or fabrications to be dismissed making an epic heroine of its central figure as tales of myth and magic. (Some even advised of Palestinian descent (That Al Himma) who served to compensate the “men of the hisba” to prohibit the copy- becomes a national heroine, the equal of men people for adversity ing and exchange of such works). In fact, such in the making of history and life, despite what works were creative historical literature inspir- befalls her at the end because of the ‘caliph’s and to provoke a ing “the spirit of struggle and resistance against politics”. These are all social issues symboliz- desire for change. the enemies of creed and religion”. As such, ing freedom, emancipation and national libera- they played a social and nationalist role which tion (Ibid., 261-282; Shawqi Abdel Hakim, in was not limited to confronting the armies of Arabic, 1994, different passages). the Crusaders and Abyssinians, but contin- Contemporary Arab popular culture ued into the modern age to help encourage continues to draw upon the sources of this the nationalist spirit of resistance to British, freedom-affirming heritage. This culture too, French and Italian occupation in Egypt and, in under the pressure of its own present realities, the Maghreb, the Algerian struggle, beginning is full of different popular aspirations for free- with the uprising of Abdel Qader and extend- dom, particularly the myriad folk songs and ing to the armed liberation revolution (Ibid, poetry about Arab struggles in Morocco, Al- 228-229). geria and Egypt on the eve of independence or Their compensatory function resided in revolution. Freedom is also very much present their epic significance which, for ordinary in the revolutionary popular Palestinian poetry people in the Arab dark ages of disintegration of today. Arab popular culture, despite some and weakness, profoundly expressed popular freedom-inhibiting aspects, represents for the It is not possible anger against injustice, oppression and tyr- most part, a living treasury of freedom’s sym- anny. In calling for unity and liberation of the bols and one of its rich and boundless spaces. to understand the land, in voicing the dream of a better world, problem of freedom in in nourishing the popular spirit by creating THE GLOBAL AND REGIONAL popular or epic heroes capable of overcoming CONTEXT Arab society without adversity, they lifted people’s souls and minds also considering the above the trials of their time (Ibid. 233). The It is not possible to understand the problem aspiration for freedom is clear in those epics. of freedom in Arab society without also con- effects of regional In The Life of Antara, the central issue is the sidering the effects of regional factors and of factors and influences emancipation of the individual self from class influences coming from outside the region, injustice and of the public self at the social particularly those related to globalization and coming from outside level. In Hamza of the Arabs, the anonymous global governance. the region. narrator considers true national liberation to be not only a political but a “social liberation GLOBALIZATION AND FREEDOM first and foremost, particularly during periods of historical transition in the life of peoples Globalization has the potential to buttress the – transition from a nomadic tribal society to an freedom of the individual as a result of mini- urban national one”. In The Life of Seif Ibn mising the State’s capacity to repress people, thi Yazan, the popular narrator raises an issue particularly their ideas and aspirations. Also,

154 ARAB HUMAN DEVELOPMENT REPORT 2004 globalization can expand people’s opportuni- the highly qualified in patterns of migration ties to acquire knowledge and broaden their from less developed countries. In the case of horizons by facilitating communication and the the Arab world, the resulting drain of talents circulation of ideas. Indeed, some argue that and capabilities severely limits opportunities globalization constitutes an extension of the to acquire knowledge in the region, one of concept of freedom, and “a chance to renew the most important cornerstones of human the fundamental rights of the individual,” after development. the 20th century witnessed further expan- At a time when good governance—in the sion of the State’s powers over the individual sense of rational public administration—is (Micklethwait and Wooldridge, 2003). considered important to attract foreign invest- Some argue that In particular, globalization can support ment, experience with global capital shows globalization freedom by strengthening civil society through that investors might not be concerned about wider networking among its actors, using establishing good governance except as it per- constitutes an modern information and communication tains to guaranteeing capital, transferring prof- extension of the technology. This is of particular importance in its, and settling labour disputes. Sometimes it Arab countries. The task of building regional is feared that the overseas investor might well concept of freedom. civil society networks and establishing links prefer societies and governments that neglect between them and civil society institutions certain freedoms, especially those concerning outside the Arab world remains essential. workers’ rights to strike or institute work stop- There has been direct and important in- pages, for instance. Thus, while foreign invest- teraction at the international level, particularly ment is beneficial for development, it does not between industrialized and developing coun- necessarily advance good governance. tries, in the areas of freedom and good govern- The influence of the global environment on ance. Historically, relations with democratic developing countries in knowledge, economics countries in the West played an important role and politics, is growing both negatively and in spurring democratic transition in regions positively. Yet Arab countries, like other devel- that were struggling to be free. One thinks spe- oping countries, have little or no control of that cifically here of Eastern Europe as the former environment. This underscores the importance Soviet Union was breaking up. of working to reform global governance in Yet globalization also entails the selective order to serve the goals of security, peace, and restriction of certain liberties worldwide when human development throughout the world. it comes to the free flow of knowledge. Use- ful knowledge is not easily accessible – even GOVERNANCE AT THE GLOBAL on the Internet - under the rigid, often one- LEVEL sided intellectual property protection regimes favoured by the industrialized nations. The After the collapse of the Soviet Union and Yet globalization also negative impacts of this “selective” restriction the end of the Cold War; and as economic entails the selective of knowledge flows are evident in areas vital globalization accelerated, bringing worldwide to developing countries. An example is the social and political change in its train, govern- restriction of certain restricted flow of cheap medicine, particularly ance throughout the world underwent pivotal liberties worldwide. in the case of deadly and widespread diseases changes. Arab countries, in particular, have from which large numbers of poor people in been affected by the global environment, the world suffer. which has had important effects on freedom Restrictions on freedoms, also apply to and governance in the region. the free movement of people. The industrial- In particular, globalization led to deep ized nations do not usually permit entry to changes in the role and functions of the State, individuals unless this serves those nations’ which lost part of its sovereignty to interna- interests; yet, at the same time, they call for the tional actors, such as trans-national corpora- removal of barriers to the movement of goods tions and international organizations, notably and capital globally. This selective freedom, in the areas of economic activity and media. enforced by developed countries, has favoured Consequently, the destinies of states and their

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 155 citizens are now inﬂuenced more closely than This has limited the effectiveness of the ever before by the nature of governance at the Security Council in establishing peace in the The advent of a uni- global level. As states have given up a portion region. Such marginalization has been among polar world has of their sovereignty, it has become essential to factors contributing to continued or increased strengthen global governance, as embodied in human suffering and to the creation of new resulted at times in the United Nations, by transferring some of the facts on the ground, which militate against the weakening and powers relinquished by states to a global body a just and lasting peace in Palestine. The US’ committed to the values of justice, freedom use, or threat of veto has made it possible marginalization of the and equality. However, this has yet to come for Israel to establish new settlements in the world organization. about. The end of the equilibrium between the Occupied Territories, and to start construc- two great powers and the advent of a uni-polar tion of the separation wall that incorporates world has resulted at times in the weakening additional Palestinian land. Silence regarding and marginalization of the world organization Israel’s deﬁance of international legitimacy (Ghalioun, in Arabic, 2003, b, 68-69). has undoubtedly pushed many people in the

BOX 6-4 region to lose hope of obtaining justice from Counsellor Yahya al-Rifai: Justice Above Might global governance and may have exacerbated Different points of view, incompatible oped to secure their right to litigate. That extremism. interests, even human conflict are part right was entrusted to a particular group As many in the Arab world have had their of God’s way with His creation. The of their number, namely their arbitrators, confidence in the impartiality of the US as Qur’an says, “They continue in their not so that the latter could use force as an honest broker weakened, reformers have disagreement… It was for that that He they saw fit for their own ends, but rather found themselves lacking what they had hoped created them.” The Qur’an also says, so that they could use it to safeguard the “Had God not set mankind against one community as a whole. It was a weapon would be a critical ally (Barry, 2002). another, the earth would have gone to that they wielded on behalf of all mem- It is thus essential that international law is rack and ruin.” bers of the community to safeguard the upheld, and that international collective action There are two, and only two, ways rule of the community’s law, under the and UN reform are implemented in that con- of settling disputes: with the bludgeon community’s supervision. of force or the justice of law, there is no Litigation enables an individual to go text. International public opinion ought to be third possibility. With force, a person’s to a judge—who is an individual like the encouraged to provide checks and balances in life, honour and property are never safe; litigant—and ask for redress in an abuse international behaviour, to help minimize the he lives like a wild animal, hunting his of power, or initiate a prosecution or seek negative impacts of globalization and influence prey without ever being sure that he will restoration of a right that has been de- be able to keep any of it, never planting nied. In the courtroom, the litigant and Israeli-American relations for the sake of a just a crop because the harvest will go to the adversary stand on a footing of equality, peace. This should be complemented by the strongest, never building a house because out of the reach of all manifestations of creation of a regional system that is able to in- there is no certainty that he will be able power, whether in the form of money, teract with global changes, deal appropriately to live in it, and, indeed, afraid to settle weapons or the pressure of public opin- with aspects of globalization and inspire Arab anywhere. ion, and the judge can harness the power On the day when God guided man- of the State to protect the law. citizens with confidence in its identity. kind to law, by His permission, the first On this basis, all humanity adopts time that two antagonists decided not to a charter proclaiming the principles of THE IMPACT OF THE “WAR ON fight, but instead to seek the arbitration human rights, inspired from the concepts TERROR” ON FREEDOM of a third party, not deeming it unbecom- of natural law and the principles of jus- ing to submit to his judgement, despite tice, give that charter pre-eminence over their strength—on that day the first step national constitutions, and seek periodi- The events of September 11, 2001 in the United on the road to civilization was taken. cally to broaden its scope. The only way States led to a substantial measure of interna- Man realized that he had rights that were to make it effective will be to establish tional consensus around the proposition that protected by the law, and consequently international courts in which individu- terrorism has become one of the greatest perils he could be assured of being able to als can bring suit against their own States enjoy the fruits of his labour. He learned and all their institutions, constitutions of the age. That is why the entire world demon- to keep livestock, to cultivate the land, and laws. It has consistently been the strated solidarity with the United States after and to build. hope of humankind that the competence the attacks, and then again with countries from Protected by the principle of arbitra- of these courts will extend to all indi- Turkey to Morocco to Spain to Saudi Arabia tion, the law grew and developed, serving viduals and all States, so that all will be to safeguard individuals’ lives, property subject to law and enjoy peace, which can that have suffered their own terrorist attacks in and honour. The State grew and devel- only be based on justice. recent years. In this context, nobody disputes the right and responsibility of Governments Source: Ahmed Makki, in Arabic, 1990 to take strong actions to ensure the security

156 ARAB HUMAN DEVELOPMENT REPORT 2004 of their citizens. In practice, however, some governance, both in Arab countries and on It is essential to aspects of the way in which the “war on terror” the global level, under which injustices can has been conducted, have come to pose real be confronted through channels that are both rebuild a new climate threats to civil liberties and reform in the Arab peaceful and effective. In a word, the ultimate of understanding, region and beyond. antidote to terrorism is freedom, based on re- While Western leaders have strongly spect for international human rights law and confidence and asserted their support for freedom and de- respect for the rights and dignity of individu- trust that rejects mocracy as the best long-term solution to als. Such a political environment, underpinned terrorism, in practice many have also under- by a genuine regard for cultural diversity both the indiscriminate standably sought to tighten their own security in Arab countries and Western countries in grouping of all violent legislation, providing new power to monitor which Arabs and Muslims live, will, in the long and detain terror suspects at home and abroad. run, dry up the wellsprings of terrorism. actions as “terror” While some successes have been achieved, an and breaks the unfair unfortunate by-product in some countries has GOVERNANCE AT THE REGIONAL been that Arabs are increasingly the victims of LEVEL and deeply damaging stereotyping, and disproportionately harassed association of terrorism or detained without cause under new restric- A good governance system at the regional level tions. At the same time, in the Arab world, sev- could potentially have a positive impact on with Arabs and eral Governments have cited fear of terrorism freedoms and good governance at the national Muslims, or indeed any as justification for steps to impose even tighter level. Regional governance institutions – as restrictions on their citizens. supra-national bodies - would provide norms group or faith. It is essential to rebuild a new climate and points of reference for national systems of of understanding, confidence and trust that good governance. An example of this would rejects the indiscriminate grouping of all vio- BOX 6-5 lent actions as “terror” and breaks the unfair The UN Special Rapporteur on Terrorism and Human Rights: and deeply damaging association of terror- The Root Causes of Terrorism ism with Arabs and Muslims, or indeed any Addressing the root causes of terrorism for States to uphold all human rights, group or faith. Such an approach also needs has now become a rather highly con- stressing that greater respect for human to include a clearer definition of terrorism that tentious area, with a number of States rights, not their curtailment, is the best and scholars insisting that, as there is means of preventing terrorism. Address- distinguishes between terrorist organizations no justification whatever for terrorism, ing recently the Commission on Human and acts of legitimate resistance, including the there should be no effort made to try to Rights, he stated, “Let us ensure that our fight “against colonial domination and alien understand its root causes. Instead, they security measures are firmly founded in occupation and against racist regimes”, which argue, there should be ever more militant law. In defending the rule of law, we . (a) is protected by Protocol I Additional to the action against terrorists and terrorist must ourselves be bound by law ” . He groups, with the goal of wiping them out. has also pointed out that the Council Geneva Conventions relating to the Protection This position is met with dismay by the and the Counter-Terrorism Committee of Victims of International Armed Conflicts. majority, who insist that it is foolhardy to “must… be sensitive to human rights as For their part, Arabs need to resist strongly ignore review of root causes, which are, they pursue their work.”(b) any temptation to surrender to the very real in some situations, directly or indirectly Attention has already been drawn to related to the non-realisation of human the concerns of the UN High Commis- frustration and anger felt by many at the rights. The Special Rapporteur sides with sioner for Human Rights, also expressed damaging impact of the “war on terror” on those who support study of root causes in a number of statements and comments their own aspirations for reform and freedom. in order to fashion more rational means throughout the period. The UN High On the contrary, terrorism and war crimes, of eliminating terrorism. Commissioner for Refugees also has whoever commits them, should be resolutely Some of the actions undertaken in the repeatedly voiced his own consterna- cause of the global war against terrorism tion about some measures, which, even condemned. Instead, Arabs everywhere have been the cause of consternation also though adopted in good faith, have vic- should make a renewed commitment to make for the highest officials in the UN system. timized people in need of international the Arab world a place where all citizens are For instance, the UN Secretary-General protection(c). fully secure from state-sponsored and other has pleaded on a number of occasions Source: Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, 2002, forms of violence. Terrorism and Human Rights, second progress report prepared by Ms. Kalliopi K. Koufa, Special Rapporteur.

The only lasting way to achieve that goal (a) See SG/SM/8196-HR/CN/989 of 12 April 2002. and uproot terrorism is to pursue equitable (b) Ibid. (c) See, for instance, statement by Ruud Lubbers, UN High Commissioner for Refugees, to the Third Committee of development and to establish systems of good the General Assembly, New York, 19 November 2001; UN News Centre, 20 February 2002.

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 157 be the establishment of an Arab human rights aspects of freedom in the Arab world are first court for delivering justice to all Arab citizens class “regional public goods”. and for counteracting any government’s in- Unfortunately, repression at the national fringement of its citizens’ rights and freedoms. level and distractions created by animosity A stronger and more effective Arab among ruling regimes has led to squandering regional system would enhance freedom in the possibilities of Arab complementarity in Arab countries in at least two important ways: securing freedom in the Arab states. first, it would reverse the deterioration of Despite various attempts at Arab unity, the pan-Arab liberation movement brought at least in the economic sphere, the chief pat- about by its division and weakness, and by tern, ever since the founding of the League of some of its members’ vulnerability to external Arab States (LAS) in 1945, has been the loose This superficial, non- pressures. Second, it would help seize the op- arrangement for co-operation that leaves mat- binding formula…has portunity currently being missed to establish ters in the hands of national governments with the knowledge society in the Arab countries. equal voting rights. Regional decisions are led to a weakening of This requires close and effective inter-Arab co- reached by consensus. The regional co-ordi- the regional structure ordination the elements of which are present nation structure is multifaceted, with several except for the political will and commitment. specialized organs. There is the Council, which and a decline in its What can be said about regional co-or- convenes at the level of Foreign Ministers and, credibility. dination and the knowledge society in Arab more recently, once a year at the level of Heads countries can be said about most human de- of State. There is also an Economic and Social velopment issues in the region. Acquiring and Council that addresses matters determined by using human capabilities at the national levels the governments of member states. Essentially is enhanced through regional complementarity. this is an economic council that was established For example, the challenge of unemployment pursuant to article 7 of the Common Defence facing Arab countries could be dealt with more Pact, which called for economic cooperation effectively with a freer regional labour market without further clarification. responding to supply and demand across This superficial, non-binding formula has countries, promoting the full use of human been useful in fostering participation by all capabilities and ensuring the rights of work- Arab states, despite differences in their socio- ers. Such a regional market by itself would economic systems. At the same time, however, push the economic growth wheel in most Arab it has led to a weakening of the regional struc- countries. In economic terms, some important ture and a decline in its credibility (figure 6-2).

Figure 6-2 Credibility of the Arab League and the United Nations Estimates by ﬁve Arab states and comparator countries Lack of credibility of the United Nations Lack of credibility of the Arab League

Percentage of missing observations: Comparator countries: Egypt 4.10%, Jordan 13.79%, Saudi Arabia 12.05%, Algeria Simple arithmetic average of the results of South Africa, 12.71%, Morocco 40.77%, comparator countries 21.76%. Argentina, South Korea, Brazil, Nigeria, Pakistan, Turkey, Bangladesh and Indonesia. Percentage of missing observations:

Source: World Values Survey, Annex 1. Egypt 4.60%, Jordan 17.04%, Saudi Arabia 10.99%, Algeria 14.04%, Morocco 39.88%, comparator countries 11.34%.

158 ARAB HUMAN DEVELOPMENT REPORT 2004 The credibility of the League of Arab the contracting states. In the main, however, States is quite low, especially in Algeria, with countries that were suppliers of labour rati- relatively higher credibility in Egypt and Jor- fied those agreements, but not countries that dan. The credibility of the UN is also low, employed labour from abroad. As a result the especially in Algeria and Saudi Arabia. agreements have remained largely ineffective. The second LAS Summit in Alexandria in Despite large-scale labour force migration 1964 resolved that an Arab Court of Justice within the Arab region, workers are generally should be established. Today, forty years later, denied many of their rights when they migrate, the Court has still not seen the light of day. and in addition they are likely to find them- There have been repeated calls for an Arab selves excluded when a political crisis results The credibility of the Parliament, but owing to differences in par- in strained relations between their host coun- League of Arab States liamentary representation among the respec- try and their home country. Under the terms tive Arab states, that institution has not been of the Economic Unity Agreement, individuals is quite low…the established either. are supposed to enjoy freedom of movement credibility of the UN is There are a number of institutions that between Arab states, but efforts to develop a work at the regional level outside the official unified identity card have ended in failure, and also low. framework. These include various profes- the process of abolishing entry visas is subject sional groups, among them parliamentarians, to the vagaries of political relations. On the workers, lawyers, economists, businessmen, other hand, the Agreements on Arab Capital investors, contractors, farmers and academics. Investment in Arab States are designed to Many of them have campaigned effectively on protect investors from nationalization or con- behalf of popular demands for freedom, good fiscation, and to ensure their right to repatriate governance and development. their capital and profits from their investments. Within the official regional framework, Those agreements also give investors the right agreements have been reached that could to travel to, and reside in countries in which have advanced freedoms and people’s rights they have invested. The Unified Agreement on at the regional level. However, these agree- Investment (1980) makes provision for an Arab ments have not been implemented as foreseen Investment Court, pending the establishment because national governments have insisted on of an Arab Court of Justice. Lastly, with a view retaining their right to approve or refuse to ap- to stimulating economic activity in Arab states, prove regional decisions, with the result that CAEU has approved an agreement aimed at Current institutional all agreements must be ratified in accordance avoiding double taxation and preventing in- with the constitutional procedures in force in come and capital tax evasion between states arrangements for the various states. For example, a number of that are members of the Council. This agree- regional coordination agreements in the field of labour were reached ment has recently been amended. in the 1960s. The Arab Agreement on Labour In sum, current institutional arrangements have failed to give Standards was designed to raise standards and for regional co-ordination have failed to give substantive support improve working conditions in the Arab world. substantive support to Arab development, to The Arab Regional Labour Force Mobility maintain security and peace in the Arab world to Arab development, Agreement was designed to facilitate the flow and to end occupation. Inter-Arab cooperation to maintain security of Arab workers and ensure that they enjoyed has not contributed to enhancing freedom and hiring preference and obtained the same rights good governance. Symbolizing this failure, the and peace in the Arab and benefits as nationals of the country in best example of successful cooperation remains world and to end which they were employed. The Agreement on the Council of Arab Ministers of Interior. Basic Social Insurance Levels allowed workers Unsurprisingly, people in the Arab region occupation. to retain entitlements earned in one country feel that co-operation at the pan-Arab level is when they took jobs in another country; while poor (figure 6-3). under the Reciprocity Agreement on Social According to the Freedom Survey, Annex Insurance Plans workers could accumulate 1, the vast majority of respondents said they insurance periods entitling them to benefits were dissatisfied with the level of Arab coop- in accordance with the legislation in force in eration.

ARAB SOCIETAL STRUCTURES AND THE REGIONAL AND INTERNATIONAL ENVIRONMENTS 159 Figure 6-3 Extent of satisfaction with the current level of Arab cooperation, ﬁve Arab countries, Freedom Survey, 2003

BOX 6-6 Adib al-Jadir: Hussein Jamil, An Iraqi Arab Activist Who Pursued Freedom Hussein Jamil is among the outstanding Iraqi figures In early 1959 he was named Minister of Cul- of the 20th century, whose pursuit of freedom began ture and Guidance, a post which he resigned after in 1927 and continued until his death in 2002. just one day in office, in protest against Abdulkarim He graduated from the Damascus College of Qassim’s interference in his ministry’s affairs. From Law in 1930 and began to practice as a lawyer the then on he refused any ministerial role, and returned following year in Baghdad. Together with Muham- instead to his law practice, research, giving lectures mad Hadid, Abdulfattah Ibrahim and Abdulqadir in national and regional fora on a range of politi- Ismail he worked in what later came to be known cal, constitutional and legal themes, in addition to as “The League of People” (Jama’at al-Ahali) to human rights. develop Iraqi civil society based on social, economic, He published a study entitled “Establishing and political tenets appropriate for that momentous an Arab Court for Arab Human Rights” in the period of Iraq’s history. In 1932 they published magazine “al-Mustaqbal al-‘Arabi” (issue no.50/ a newspaper “The People” (al-Ahali) in which he April 1983) calling on the League of Arab States to wrote “this newspaper is produced by a group of conclude an “Arab Charter for Human Rights and young people; Hussein Jamil is the proprietor and Fundamental Freedoms”, envisaging an Arab Court director”. The newspaper stated that “ national for Human Rights as an integral part of the League’s liberation and freedom for the citizen are not won institutional structure, to implement guarantees for simply by ending foreign rule or influence over Iraq. human rights at the regional level. He promoted the The nation and the citizens must be free from any view that regional human rights treaties would serve form of exploitation from whatever provenance, to enhance their protection worldwide. whether foreign or Iraqi.” In 1983 he wrote: “The way to change is From the outset Al Ahali called for democracy, through democracy. Democracy provides the means and the Jama’at al-Ahali went on to set up the Na- to address the dangers. Through democracy, and tional Democratic Party in 1946. Hussein Jamil was democratic concepts and institutions, people can one of the founding members and became the long- exercise their rights and freedoms, complete their standing Secretary General of the Party. humanity and develop their gifts”.

160 ARAB HUMAN DEVELOPMENT REPORT 2004 Part II

Reinforcing Freedom and Establishing Good Governance

Section 4: Towards Reinforcing Freedom and Establishing Good Governance in the Arab Countries

Our assessment of the state of freedom and governance, coupled with the advanced explanation of the deficit in freedom and good governance (chapters 3-6) enable us to attempt answering the historic question raised at the end of chapter1: could the future bear out a trajectory that would lead Arab societies to enjoy freedom and good governance traversing the required process of historical struggle.

161

CHAPTER SEVEN A Strategic Vision of Freedom and Governance in Arab Countries – Alternative Futures

Introduction GROUNDS FOR PEACEFUL AND DEEP POLITICAL ALTERNATION, This chapter offers a general view of the sub- ALTERNATIVE FUTURES stance of societal and institutional reform needed to establish a society of freedom and good governance in the Arab region. It starts REASONS FOR CHANGE By 21st century by underlining the need for the periodic standards, Arab alternation of power in Arab countries. It Modernization in Arab countries has yielded next discusses three alternative futures that notable achievements, especially in combat- countries have not could define the course of freedom and gov- ing morbidity and mortality - particularly met the Arab people’s ernance in the Arab world: the first is to be among children – in building infrastructure, avoided; the second would be ideal, but may in the quantitative expansion of education, aspirations for be difficult to attain quickly; and the third particularly among females, and in increasing development, security may be more realistic and could potentially the integration of women in society. Yet by contribute to the preferred alternative, if 21st century standards, Arab countries have and liberation. properly managed. The chapter and the Re- not met the Arab people’s aspirations for port conclude by highlighting the main fea- development, security and liberation despite tures of the preferred alternative future. This variations between one country and another scenario is named the “izdihar1 alternative ”, in this regard. using the Arabic word that denotes the full As the AHDRs of 2002 and 2003 showed, flourishing of individuals and societies. the vast majority of the Arab people do not As in previous Reports, recommenda- enjoy the higher forms of human development, tions made in this chapter are presented notably in relation to knowledge, freedom and as broad guidelines. They are offered to all good governance, and women’s empowerment. dynamic forces of Arab society, regardless of “Bread before freedom” is a common their position within the prevailing power dictum in the Arab region. Yet putting the sat- Putting the structure, for consideration in deﬁning their isfaction of basic human needs before people’s own path towards a society of freedom and essential liberty has in practice meant that most satisfaction of basic good governance. Such recommendations 2 Arabs have risked losing out on both. human needs before may also be helpful to those outsiders who The previous chapters of this Report has are genuinely interested in supporting an provided a detailed analysis of the freedom people’s essential Arab renaissance. and governance problem in the Arab world. liberty has in practice Central to that problem is the fact that at the political level, decision-making has remained meant that most Arab in the hands of a minority that monopolises the have lost out on both. two spheres of power - ﬁnancial resources and political authority - and has hence focused on

1 Individual and collective ﬂourishing. English borrows from French the term ‘épanouissement’ to ﬁll a lexical gap in denoting this phenomenon. However, the Arabic word “izdihar” captures the intended sense closely. Thus, rather than use a French term, which has to be explained in English, to describe something which most people in the region will recognize from the Arabic, we have opted for the Arabic word, with this explanation for non-Arab readers. 2 Idiomatically, the word “Arab’’ is used to denote all citizens of Arab countries, inclusively

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 163 About 10 per cent of serving its own interests. The vast majority of focus here on the three most relevant to the people are excluded, and thus left to impover- subject of this report. Arabs now live under ishment and marginalization. The results of the World Values Survey (annex 1) indicate that The Impending Disaster Scenario: occupation and, after Maintaining the ‘Status Quo’ nearly 70% of the public in five Arab countries several decades, believe that “ the country is run for the benefit If the situation in Arab countries today con- foreign military forces of the influential few”. tinues, intensified societal conflict is likely to Nor have Arab regimes been able to pro- follow. have reappeared in tect Arab interests in the international arena. Under the skewed distribution of power in the region. Arab lands remain occupied, with the occupa- its two spheres - wealth and political authority tion of Iraq having recently been added to that – and escalating foreign encroachment, Arabs of Palestine. About 10 per cent of Arabs now suffer multiple injustices and see little hope for live under occupation and, after several dec- a better future. Anger combined with despair ades, foreign military forces have reappeared is an explosive mixture that pushes some to- The way of strict in the region. This provokes an extremely high wards violence, with undesirable consequences level of discontent in the region, as indicated in that threaten social cohesion and debilitate na- security alone is the Freedom Survey (Annex 1 and figure 7.1) tional structures and institutions. ultimately ineffective, Finally, present-day regimes have not Simply branding violent protesters as achieved fundamental reform from within “terrorists” or further tightening the security even if it buys a brief which would correct their course and enhance restrictions already in place will not provide respite. hopes for a better future. an answer. The way of strict security alone is ultimately ineffective, even if it buys a brief ALTERNATIVE ARAB FUTURES respite. Contemporary history shows that continu- Given current trends, and looking into the fu- ation of the status quo might lead to destruc- ture, several scenarios can be envisioned. We tive upheavals that could force a transfer of Figure 7-1 power in Arab countries. However, such a Extent of dissatisfaction over the presence of foreign military bases, five Arab transfer could well involve armed violence and countries, Freedom Survey, 2003 human losses that would be unacceptable however small. Nor would this transfer of power through violence guarantee that successor governance regimes would be any more desirable. If this should materialize, the future for Arab countries holds more failures in the arena of human development. We label this prospect the “impending disaster” scenario.

The Ideal Scenario: The “Izdihar” Alternative

Disaster can be averted. The alternative is to pursue an historic, peaceful and deep process of negotiated political alternation adopted by all pro-reform segments of Arab society, whether they are in power or not, on all fronts and by all democratic means, to guarantee rights and freedoms. A process of peaceful negotiation on the redistribution of power in Arab countries represents the optimum approach for a transitional phase towards good governance. The desired outcome is a redistribution of power

164 ARAB HUMAN DEVELOPMENT REPORT 2004 within Arab societies, restoring power to its does contain at least some elements of the pre- rightful owners, the vast majority of people in ferred option. the Arab world. The process would also estab- The challenge facing the advocates of ren- lish good governance as a solid foundation for aissance in the Arab world is how to manage a human renaissance. We call this alternative this alternative – which is expected to grow in the “izdihar” scenario. significance - and maximize its contribution Unlike a continuation of the status quo, to advancing the “izdihar” alternative. This Arab regimes are, in good governance will help to address social in- would allow those outside initiatives for reform justice properly, by means that are both peace- adopted by Arab regimes to be led from the general, susceptible ful and effective, thus removing the sources of inside and would minimize the impact of their to foreign pressure disaster. most critical defects. Dealing with this challenge successfully and will try to respond The “Half Way House” Scenario: the will be an important milestone for renaissance Accommodation of External Reform positively to some advocates and will test their ability to shape the A third alternative is gathering momentum future of the Arab region from the perspective external demands for within the region and across the globe: a West- of human development. reform. ern-supported project of gradual and moderate reform aiming at liberalization in Arab coun- HOW TO DEAL WITH REFORM tries but falling short of real democratization. INITIATIVES FROM OUTSIDE? An example of this project of cautious reform is the “Broader Middle East Initiative”, adopted Arab countries cannot ignore the fact that the by the G8 summit (see Part I). This and simi- world, especially the powerful players in the lar plans might well lead to a series of internal global arena, will continue actively to safeguard reforms in Arab countries. Arab regimes are, their interests in the region. Their call for rein general, susceptible to foreign pressure and form in Arab countries falls within this context. will try to respond positively to some external But external pressures cannot be disregarded, demands for reform. At the same time, most of no matter why they are applied. Arabs cannot these regimes will try to contain the impact of afford the luxury of isolation from develop- reform measures and stop short of the desired ments in the outside world. The extent of inter- political reform and the equitable redistribu- connection between those external forces and tion of power, which constitute the core of the Arab governing and social structures is strong “izdihar”” alternative. enough to warrant a positive approach towards This third or “half way” alternative, falls external reform initiatives, but strictly from the short of the “ideal” scenario in two crucial perspective of building societies of freedom respects. First, measures imposed from out- and good governance in the Arab world. Co-operation with In addition, there are active international side according to the vision of foreign powers external forces can be are not fully consistent with the concepts of NGOs that can provide significant support to freedom and good governance advocated by the forces of reform in the Arab world if the rewarding if all parties latter were willing to work with them. successive AHDRs, especially in relation to respect principles (of liberation and independence. Second, such Co-operation with external forces can be reforms will not benefit from the dynamics of rewarding if all parties respect the following good governance). change driven from within. Indeed, they main- principles: tain the tradition of accepting that the destinies • Freedom for all and complete respect for of Arab states have to be shaped from outside. international human rights law, in particular Despite the serious shortcomings of this the right to national liberation. Furthermore, alternative, it has to be acknowledged that deeds must be consistent with words in order although the historical project of renewal of to end the double standards that have char- the Arab region started two centuries ago, it acterized some Western policies towards the has not succeeded yet in fulfilling Arab aspi- Arab region. Also, the violation of human rations for freedom and dignity; and that this rights must be proscribed, and no impunity less-than-perfect “half-way house” alternative permitted, irrespective of the perpetrator.

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 165 • Absolute respect for the tenet that Arabs • Effective popular participation, with uni- should find their own way to freedom and good versal popular representation of all the people. governance through innovation by Arab social • Efficient, transparent and accountable in- forces, without pressure to adopt ready-made stitutions as counterweights to the monopoly models, as the firm guarantee of a successful of power by individuals. These institutions and sustainable historic transformation. work among themselves under the separation • Inclusion of all societal forces in Arab and balance of powers, and are accountable to countries in a system of good governance to each other and the people directly through free ensure popular representation instead of the and fair choice exercised periodically. trend towards exclusion that has marred the • The rule of law, as the protector of free- Arab political landscape, sometimes prompted dom, applied fairly to all people. by external forces. All societal forces must have • Laws administered by an efficient, impar- the right to organize and be active in both civil tial and completely independent judiciary, and political society as long as they abide by whose judgments are upheld and applied by This good governance democratic principles and respect the rights of the Executive Authority. others. This includes: This good governance regime should regime should • Full respect for the outcomes freely chosen guarantee the rights of citizenship, in full, to guarantee the rights by the people through a good governance all citizens, and unequivocally end all forms of regime. The free will of the people, and not exclusion outside of the frame of “citizenship”, of citizenship, in full, foreign interests or designs, should be the ul- regardless of all pretexts or justification. to all citizens. timate arbiter in determining the Arab future. This governance system should balance • Dealing with the Arab people through a freedom with correct mechanisms of good gov- partnership of equals anchored in mutual re- ernance. In particular, through free and cred- spect and deep understanding, rather than pa- ible elections, such a system should guarantee tronage. peaceful political alternation in the future.

UNIVERSAL FEATURES AND AIMS REFORMING ARAB SOCIETAL OF THE DESIRED SYSTEM OF STRUCTURES TO GUARANTEE GOVERNANCE FREEDOM

The political alternation desired in the Arab No matter which reform scenario unfolds in world should lead to establishing good govern- the coming years, or whether Arab reformers ance based on the following principles: seek to take advantage of external pressure to • Preservation of freedom in order to ex- advance their cause, freedom and good govern- pand people’s choices; i.e. protect the essence ance will not materialize fully until three sets of of human development. problems are addressed: the domestic problem

BOX 7-1 of governance; the regional crisis that affects all Mahdi Bunduq, Post-Bourgeois Society Arab countries, including the problem of oc- “As Tragedy announces the demise of patriarchal censorship from anyone. All cupation; and the problems of governance that one world (and thus implicitly the birth this would come under the framework affect the entire international system, putting of a new one), the seed of post-bourgeois of a constitution whose articles do not society should be thought of as being conﬂict with human rights and under Arab countries at a serious disadvantage. formed (in the womb of time) from the the aegis of a modern State that does elements and structures of civil society: not discriminate between one school THE INTERNAL CHALLENGE parties without tutelage, a press beyond of thought and another, between one the reach of conﬁscation, unions inde- idea and another, between a man and a pendent of government authority, clubs woman; a modern State that makes a dis- Enhancing the Legal and Institutional and cultural associations practicing the tinction between itself and religion (as a Foundations that Underpin Freedom free study of all intellectual, artistic and practice of authority) but makes no such literary schools and movements with- distinction between religion and society, out criminalization or moral terrorism, as one of its heartbeats or spiritual aspi- There is an urgent and compelling need to and a cinema and theatre answering to rations.” modernize Arab legal systems, to make them the moral needs of the people without compatible with international human rights Source: Mahdi Bunduq, in Arabic, 2003, 114 standards and effective in protecting human

166 ARAB HUMAN DEVELOPMENT REPORT 2004 rights and freedoms in practice. and where the free will of the electorate is the To that end, intensive efforts are called for sole arbiter in determining the choice of parlia- to develop sound legislation and competent in- ment and government. In all cases, authority stitutions to better safeguard, protect and sup- and responsibility stay with an elected indi- port freedoms and human rights in the Arab vidual in free and fair elections. The ruling authority in world. Guaranteeing freedoms and rights at the Arab countries should heart of the constitution Adherence to International Human Rights be defined and bound Law Arab constitutions must guarantee fundamental by the law. Arab states must take steps to ratify the com- rights and freedoms. The constitution should ponent elements of international human rights clearly provide that it is unlawful to enact any law to include all major human rights treaties, legislation that restricts rights and freedoms. particularly the ICCPR, the ICESCR, CAT, All Arab constitutions should provide that in- CEDAW and the CRC. These are considered ternational human rights treaties by which they the minimum requirements in terms of Arab are legally bound take precedence over ordi- ratification. Ideally, states should go consid- nary law. These measures all serve to expand erably beyond this to embrace all elements of the legal framework to protect freedoms and international human rights law, including the human rights in the Arab world, which would All Arab constitutions Optional Protocols. be strengthened further by setting up a consti- Arab legislatures ought to take steps to tutional judicial body to monitor the constitu- should provide that revise legislation currently in force to bring tionality of legislation, and prevent the passage international human it into conformity with international human of legislation which infringes the freedoms or rights standards and constitutional provisions rights prescribed under the constitution or rights treaties by that safeguard these rights. international treaties. World experience has which they are highlighted the importance of a constitutional Binding the Ruling Authority to the Rule judicial body to establish general principles legally bound take of Law in law, making freedom, justice and fair treat- precedence over The reform of Arab constitutions is essential ment governing principles for ordinary legisla- to achieve the following four goals: a) Political tion, even when they are not stated explicitly in ordinary law. power should be subject to a defined, reason- the constitution. This would undoubtedly help able time frame, ending permanency of power. to free Arab legislation from arbitrary control b) Political power should not be absolute. The by the executive. ruling authority should be responsible for its BOX 7-2 actions before the judiciary and elected repre- Perpetuating power in the name of democracy and the people sentational bodies. c) Political pluralism should 1- The Tunisian Constitution formerly constitutional provision was amended, stated that the President of the Republic on 30 April 1980, to permit the Presi- be guaranteed by an effective system based on is elected for a five-year term, and that an dent of the Republic to be re-elected for the principle of equality in law and practice, incumbent cannot hold office for more further terms of office (with no upper with equal access to rights and opportunities than three consecutive terms. But on limit prescribed). The reasons for seek- and equal responsibilities. d) Arab citizens March 18, 1975, the National Assembly ing this constitutional amendment were elected President Bourquiba as Presi- explained as follows: must be able to exercise their right to political dent-for-Life and, by a unanimous vote, “President Sadat’s term of of- participation in the fullest sense and to enjoy amended Article 40 of the Constitution fice began before the Constitution was their fundamental rights. to provide for this. promulgated, and in accordance with The ruling authority in Arab countries, 2- Article 77 of the Egyptian Constitu- article 190 and article 77, his term of of- tion of 1971 confines the maximum term fice concludes in November 1983. This should be defined and bound by the law, and in office of the President of the Republic outcome, resulting from the application hence the law should be above all and not sub- to two consecutive terms, stating that of this provision, is not consistent with ject to the will of individuals. This is the case “The term of office for the presidency is the democratic principles which our with the system of constitutional monarchy six years, from the date on which the ref- society safeguards and seeks to further erendum results are declared. The Presi- entrench …more importantly, this re- where the king or queen rules but does not dent of the Republic may be re-elected sult is one which the steadfast people govern. Under the republican system, which for an additional consecutive term.” of Egypt rejects with their hearts, minds is parliamentary-based, it can be achieved As the end of President Sadat’s and souls…” through a clearly defined separation of powers second term of office approached, the

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 167 BOX 7-3 Ten Principles for a Constitution of Freedom and Good Governance

1. Freedom from any ideological stamp; political as well as of decrees issued by the emergency author- orientations are decided at the ballot box that repre- ity. sents the will of the people. 7. Establishment of a Supreme Constitutional 2. Adoption of the multi-party system, so that polit- Court responsible for overseeing the constitutional- ical parties may be established by mere notification, ity of laws and for facilitating procedures to allow within the limits of public order, and the affirmation individuals to bring their grievances before it, es- of the principle of equality among political parties pecially cases related to legislative abuses of human in terms of benefiting from State services. The Con- rights. The Supreme Judicial Council of the Court stitution should stipulate a separation between the alone should appoint Judges of the Court. ruling party and the State. 8. Explicit stipulation of the principle of the inde- 3. Adoption of the principle of binding power pendence of the judicial authority and the judges with responsibility, and separating the symbol of in content and guarantees, so that the judiciary is sovereignty from the authority of government. a completely independent authority from the other The Supreme Sovereignty belongs to the nation or the people, as two. Judges should be immune from any influence symbolized by the king or president, while govern- on them in their work. The regular judiciary should Constitutional Court ment (i.e., the tasks undertaken by the executive look into all disputes. No-one may be tried before authority) is carried out by a cabinet formed by the any but the regular judiciary. Special or exceptional in Egypt has had an party with the parliamentary majority or a coalition courts should be prohibited as should the trial of of constituent parties in a legislative assembly that civilians before military courts. All matters relating extremely positive represents the majority. Accordingly, the king or to the appointment, promotion and disciplining the president is not responsible before parliament of judges should fall within the competence of the impact in supporting except in specified situations, while the cabinet Supreme Judicial Council, composed of judges, with freedoms and human bears joint responsibility before parliament since it a senior judge presiding. The text should stipulate practices authority. There should be no authority immunity of judges. Members of the Public Pros- rights. without responsibility and no responsibility without ecutor’s Office should enjoy the same guarantees authority. and immunity as judges. 4. Adoption of the principle of the non-perma- 9. Stipulation of all civil, political, economic, so- nence of the elected authority. Limiting the mandate cial, and cultural rights and liberties, with explicit of the head of State and to four years, for example, prohibition of the restriction of these rights by any and under no circumstances beyond two terms, lower legislative instrument. The text should state would achieve this. The principle of direct election unequivocally that freedoms of opinion, expres- of the head of State from among multiple candidates sion and association must be fully respected, with should be adopted. explicit reference to the media, which should be 5. Formation of a neutral, independent body to free from restrictions or censorship, or any form supervise all elections, this body to be in charge of of interference with its activity or ownership. There all procedures relating to, and supplementing the must be no punishment of imprisonment in relation electoral process. to publication or the expression of opinions. 6. Prohibition of declarations of a state of emer- 10. Affirmation of the principle of the individual’s gency other than in accordance with the strictest right to compensation for damages done to her/him limits, with severe constraints and for a set period, as a result of being deprived of their liberty through with majority agreement, especially in the legislative imprisonment or preventive detention, having been assembly. Creation of a system of judicial oversight, charged with offences of which they have been to review the legality of the declaration of emergency proven innocent.

Strengthening Civil and Political Rights in Law

Arab legislation in most urgent need of a thor- BOX 7-4 The Supreme Constitutional Court in Egypt ough review includes laws regulating the exercise of political rights, the legislature and its The Supreme Constitutional Court in under criticism because of restrictions electoral processes, the right to set up civil so- Egypt has had an extremely positive im- imposed on the right to bring individual pact in supporting freedoms and human grievances related to the Constitution ciety organizations, including political parties, rights vigorously, playing a vital role in before the Court, it has succeeded none- and their activities, and laws on the judicial removing provisions from the statute theless in playing an inﬂuential role in authority. books that conﬂicted with them. While support of democracy and freedom. Laws regulating political rights should the law establishing the Court came elaborate on the principle of gender equality

168 ARAB HUMAN DEVELOPMENT REPORT 2004 to ensure that it is applied in practice. They and such measures should apply only after a should also ensure that the principles of citi- court ruling that all necessary conditions are zenship and equality apply to all constituent satisfied. elements of national society. Legislation should introduce effective Guaranteeing the Independence of the Judiciary mechanisms to ensure fair elections. Legal provisions must assure total impartiality for An independent judiciary is a basic pre-requi- the body charged with election oversight and site for any society if individuals are to enjoy guard against the state or its apparatus resort- their rights and freedoms. However, the syn- ing to any form of electoral malpractice. Total ergy between the independence of the judici- Freedom to form neutrality of the official media should also be ary and a free political environment is a matter political parties should assured. Election-related offences should be for some consideration. However exemplary be assured under addressed seriously and effectively. Electoral the laws regulating the judiciary may be, the rolls should be updated to ensure they cor- judiciary will never play an effective role in an conditions of political respond with those entitled to vote, together environment where rights and freedoms are pluralism. with a fair delineation of constituencies. suppressed and where the law and its institu- Legislation must guarantee that citizens are tions are sidelined. Similarly, a state system that free to set up their parties without requiring the makes no provision for an effective judicial sys- executive’s authorization and with no supervi- tem is inherently weak. Progress towards good sion other than that required to protect the governance, on the one hand, and towards values of freedom and good governance. The guaranteeing the independence of the judici- law should proscribe racist parties or military ary and the efficient and equitable discharge of organizations, for example, but this should not its duties, on the other, must be made side-by- lead to the imposition of increased restrictions. side. International standards that provide for Freedom to form political parties should be as- the independence of the judiciary as an institu- sured under conditions of political pluralism. tion (independence of the judicial authority) as It should protect the right of parties to carry well as the independence of judges as individu- out peaceful political activities, publicize their als should be adopted. programmes, and mobilise their members by all available means, without restriction other Abolishing the State of Emergency. than that required to maintain public order in a democratic state. There should be a clear dis- Special attention should be given to abolishing tinction in both law and practice between the the state of emergency in Arab countries where state apparatus and the party in power, so that the conditions defined by international standards and the constitution for declaring a state of the party concerned does not enjoy the pre- Combating rogative of using state services to strengthen its emergency are not met. Combating “terrorism” presence, in breach of the principle of equality should not be used as a pretext to maintain a “terrorism” should before the law. state of emergency, given that terrorism thrives not be used as a Legislation regulating civil society organi- whenever freedoms are quashed, and never zations should also be revised to embody the more so than under a state of emergency. pretext to maintain a following principles: freedom to set up civil so- In particular Arab states must desist from state of emergency. ciety organizations, removing the requirement abusing the declaration of a state of emergency for state or other official forms of authorization and the disastrous effect this has on freedoms where the simple notification of the legal exist- and human rights. ence of the organization should suffice; the Guarantees for Personal Freedom activities of civil society organizations should not be subject to restrictions, surveillance or Arab legislation must be amended urgently to administrative control and the freedom and guarantee the individual’s protection from at- independence of these organizations should tacks on personal freedom, such as unlawful ar- be guaranteed; no organization should be dis- rest, torture, administrative detention, enforced solved as a result of an administrative decision, disappearance, and to provide in law for deter-

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 169 rent penalties for public servants responsible. ing an extensive public sphere in place, one in- Effective mechanisms should be established to dependent of the current ruling power, even in end these practices and provide victims with the event that it represents the popular majority. avenues to obtain fair compensation. This public sphere would enable individuals to form their opinions and express them freely as Ending discrimination against societal well as work for their implementation. groups It would also help to impose constitutional The second AHDR emphasized that the fa- regulations on majority decisions in order to cilitation, encouragement and celebration of prevent legislation or policies that could restrict In a society of cultural diversity in every Arab country was an freedoms; and to delegate to the judiciary, and freedom and good important factor in establishing the knowledge ombudsmen, the power to review decisions of the legislative body and, if necessary, correct governance, no group society. To that, we may now add freedom in the Arab world as well. them (Chapter 1). remains deprived of That the extension of citizenship rights It is crucial to ensure that the ruling authorities are appointed as a result of direct popular citizenship rights. to all citizens of Arab countries inclusively necessarily involves ending all forms of choice, and that good governance practices discrimination against any societal group is are implemented down to the lowest levels of beyond dispute. In a society of freedom and local governance. This not only extends and good governance, no group remains deprived reinforces good governance throughout the of citizenship rights. To emphasize this spirit country, but is also important given that future of inclusiveness, we stress here again that the leaders of central government start out and word ‘Arab’ is used in this Report, for brevity, hone their experience in local government. to denote all citizens of Arab countries. The way to achieve good governance in But even before attaining that ideal, there the Arab region is thus through fundamen- are no grounds for maintaining any form of tal reform of its architecture. This means, in discrimination against various societal groups particular, ending the executive’s monopoly in Arab countries. Administrative decrees, of power, and marginalization of other state which can readily be issued and swiftly imple- organs, which obstructs the free and healthy mented, can speedily resolve persistent issues development of society’s capabilities and of citizenship among unjustly treated groups. potential. This task is however made difficult by the fact that the very structural factors that Excessive Such action would repair the national fabric, which has been torn by arbitrary measures in concentrate power at the top of the executive concentration of the past. The first step in this direction is to branch also prevent civil society from advancing political reform. power at the apex repeal all executive orders turning citizens into ‘minorities’ whose rights are violated. This can, however, lead indirectly to con- of society isolates ditions that are conducive to reform, since an authoritarian THE POLITICAL ARCHITECTURE excessive concentration of power at the apex of society isolates an authoritarian regime from regime from people people and unifies political and social opposi- Problematic issues in guaranteeing sound and unifies political tion groups behind a common goal. democratic arrangements At this stage of transition needs differ from and social opposition one country to another. The various achieve- For the most part, political institutions in the ments made to date need to be defended, groups behind a Arab world, even those that are superficially alliances set up, and appropriate demands democratic, such as elected parliaments, in re- common goal. articulated. It follows then that the nature of ality do little to further the cause of freedom working for governance reform will vary ac- in the region because they lack substance, as cording to the issues and means appropriate argued in Chapter 2. As a result, the political to each case. architecture of Arab countries needs much re- In effecting the transformation, perhaps structuring. the heaviest responsibility lies with the élites: We referred earlier to the necessity of hav- intellectuals and political and civil society

170 ARAB HUMAN DEVELOPMENT REPORT 2004 activists who will need to forge a middle way All service branches must obey the law, and for themselves and the Arab world, neither should be at the service of the people and the bowing to the influence of the powerful and nation, and not the ruler, party, sect or tribe. wealthy, nor following the route to despair and violence to which many angry young people, Obligations of the Political Élites: whose peaceful and effective avenues for ac- 1. The élites of political society, leaders and tion have been blocked, are drawn. This calls activists need to develop a constructive dis- for considerable wisdom, genuine solidarity course and reject policies of exclusion. They across national borders, and many sacrifices. must also strive to find common ground among The role of the élites is thus crucial in se- all political forces and create a new mould for The role of the élites is curing an Arab renaissance, but which élites? the political scene, clearly distinct from past These are all groups supportive of freedom crucial in securing an trends of polarization and fragmentation which and good governance inside and outside the could seriously hamper genuine democratic Arab renaissance, but existing power structure, whose members are transformation in the Arab region. committed to a renaissance and will work as- which élites? 2. The political élites must demonstrate ad- siduously to bring it about. herence to their principles, seeking democratic solutions to settle differences, rejecting any CODE OF CONDUCT FOR form of compromise which could make them SOCIETAL FORCES ON THE PATH tools of authoritarian regimes and articulating TO REFORM clearly the demands for freedom for all. They must never associate themselves with repres- Reform confers duties and responsibilities on sion or seek ways to justify its use. the state and all societal forces, starting with 3. Political forces should strive to build committed elites. It falls to the latter to set an democratic alliances, and openly demonstrate example through their own ethical and fair solidarity in the face of despotism, repression, conduct, by acting in ways beyond reproach corruption and election-rigging. and avoiding the traps of corruption, entice- ment or manipulation by ambitious foreign Obligations of Civil Society: powers. The duties that are required to effect genuine reform might be seen as follows: 1. Developing appropriate methodologies and conceptual frameworks to adapt civil and Obligations of the State: human rights work to the local Arab environment, involving the widest possible spectrum 1. Allowing freedom of expression and or- of different sectors of society at large. ganization as a first step towards agreement 2. Securing internal resources to support and with political forces on reforms of the electoral It falls to the élites finance voluntary and civil work and legal systems and guaranteeing the fairness 3. Seeking to safeguard the independence of to set an example and independence of the judiciary. civil society organizations both from the State 2. Starting a direct and immediate dialogue through their own and from competing political associations. This with all active forces in the society, whether does not imply that the organizations have no ethical and fair they are opposition political movements or ac- political role to play, since their role is clearly tive civil society institutions. Dialogue must be conduct. set within the political space, particularly when serious and produce concrete results. it comes to defending freedoms, human rights 3. Assuring institutional stability without and the disadvantaged. encouraging stagnation. 4. Setting up networks of associations and 4. Safeguarding the independence and integ- organizations with similar goals, or broader- rity of governance institutions so that they fulfil based networks to strengthen solidarity and their role at the service of the people in the best consolidate the capabilities of the forces of possible way. civil society. 5. Carrying out comprehensive structural 5. Expanding Arab networks and initiatives. and functional reform of the security services. 6. Exploiting to the full attained rights and

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 171 freedoms and insisting that they are enjoyed legislature, but still maintaining the principle in their most complete sense; optimizing all of competition within quotas. Within the leg- opportunities for action, all available space for islature this would be a matter for the parties freedom, including opportunities provided by themselves to agree upon, such as setting a spe- information and communication technology. cific quota or a minimum ratio of candidates representing these groups. Parliamentary representation: 4. Where a bi-cameral system is in place, au- thorize the lower, elected assembly to monitor Good governance With roles assigned respectively to the state government performance and hold it to ac- and the political and civil society élites, there is unattainable count. remains a crucial need to reform parliamentary 5. Establish ethics committees for fairness in without free and representation in Arab countries. Good gov- parliaments to prevent the deputies from using ernance is unattainable without free and fair fair parliamentary their political influence for private interests parliamentary representation, which is both in- and to call deputies to account for their unfair representation, which dependent and effective, particularly in giving conduct. is both independent voice to matters of public interest. Public representation should afford effective scrutiny of REFORMING ARAB and effective. the executive and hold it to account. Improv- INSTITUTIONAL PERFORMANCE ing parliamentary representation should not prove too great a challenge given the current The institutions of the three sectors of society lamentable state of affairs. In addition, in the (the state comprising the government, legisla- transitional phase towards the society of free- ture and judiciary; civil society; and the private dom and good governance, improved parlia- sector) should be reformed through applying mentary representation helps both to facilitate the principles of rational public administration. the process itself and to root out the various Reform would be based on the restriction of forms of corruption in Arab countries. authority – public or private - by law and on To ensure effective and fair parliamentary efficiency, transparency, disclosure, and ac- representation, it is essential to: countability (in the case of the state, to other 1. Establish the principle of total equality institutions and to civil society including the among citizens, especially as regards expres- media; and, in the case of government institu- sion and association, voting and standing tions and the legislature, to the general public). for election, and related procedures; provide From the perspective of building and utiliz- safeguards against disqualifying from parlia- ing human capabilities, it is evident that insti- mentary representation on the basis of gender, The most important tutions providing public services, particularly social status, culture, religion or other discrimi- in education and health care, should function reforms for natory feature. well. Applying the principles of rational public guaranteeing 2. Adopt the principle of consensual democ- administration in the context of legal reform, racy as a basis for forming the government, so as just described, should serve to root out ad- freedom need to that other parties participate in addition to the ministrative and financial corruption. be implemented party that wins the elections, under a formula The most important reforms for guarantee- and standards to be agreed on. This principle in the educational ing freedom need to be implemented in the is particularly important in states with sub- educational institutions. A mix of measures institutions. groups, as it avoids ethnic or sectarian divisions relating to administration, curricula, pedagogy between government and opposition. This also and student evaluation methods is required provides opportunities for smaller opposition to open the door to freedom, as an ultimate parties, which would not otherwise have the value in itself, and as a means to knowledge means to access power. acquisition leading to the attainment of human 3. Adopt policies based on affirmative ac- dignity. These reforms should work together to tion, at least in the initial transitional stages, create a mentality of freedom and respect for which will lead to more democratic conditions. human rights, and implant the values and tools This can take various forms, such as allocat- of good governance in the minds of learners. ing a quota of posts in government and the

172 ARAB HUMAN DEVELOPMENT REPORT 2004 The family can make concerted efforts to influential groups. It also entails changes to en- nurture freedom and encourage enlightened hance competitiveness and efficiency in Arab education; and thus prevent any subsequent economies, and implies an obligation on Arab stages of social development from impairing states to work for distributive justice. individual freedoms established at the family levels and enhanced by the school (Chapter 6). THE REFORM OF CORPORATE Reform of these two fundamental institu- GOVERNANCE The metamorphosis tions of society should be complemented by to freedom and good the creation of a social structure supportive The challenge is how to move successfully from of freedom and good governance. First: by institutions of corporate governance that tend governance in Arab combating poverty, the antithesis of human to be centralized and heavily relationship-based countries requires a development, by ending the poor acquisition to those that are more effectively rule-based. and under-utilization of human capabilities; Sound corporate governance also requires qualitative change in and second: through the redistribution of the establishment of appropriate laws to development thinking income and wealth on a more equitable basis protect property rights, enable competitive through taxation. These steps would clearly re- market forces, foster entrepreneurship and and its dynamics, to quire deep changes in the path of development provide an efficient market infrastructure secure an economic in the Arab countries. that ensures transparency and accountability. basis for the progress This includes transparency of public tenders, CORRECTING THE ARAB efficient third-party auditing, anti-trust society desires. DEVELOPMENT TRAJECTORY legislation, strict anti-corruption legislation, and eliminating all forms of extra-legal In Arab countries, especially the wealthier transactions. The development of the region states, the concept of development may be will be hobbled if free enterprise and efficient associated with a high standard of living and competition are withheld by a limited or weak consumer prosperity, rather than with the es- legislative structure. tablishment of a strong, advanced production As noted in Chapter 5, three major princi- system capable of steady growth that provides ples of corporate governance are vital: trans- individuals and society with income, security, parency, accountability, and inclusiveness, vitality and the strength to face the challenges which are mutually reinforcing and need to be of the time and the world. upheld together. The metamorphosis to freedom and good Transparency is not only an earnest of cor- The challenge is how governance in Arab countries requires a quali- porate probity. It also ensures the disclosure tative change in development thinking and its of financial information on which corporate to move successfully dynamics, to secure an economic basis for the accountability to stakeholders rests. from institutions of progress society desires. It also calls for struc- Decision-makers in the private sector need corporate governance tural institutional transformation to good gov- to be held accountable to the public as well as ernance, which is the safeguard of a rational to institutional stakeholders. Accountability is that tend to be economic system. an important deterrent against legal and ethi- centralized and Mobilizing resources, providing incen- cal transgressions, and it is only through swiftly tives for productive investment in human and redressing such misdeeds that confidence can heavily relationship- physical assets, especially those that support be built within a market. Effective supervisory based to those that knowledge-based production (the second and regulatory boards are one of the means by AHDR) and steadily increasing productivity which firms may be held accountable. are more effectively can bring about such a change. Creating a vig- Inclusiveness is one of the core values of rule-based. orous economic system calls for the acquisition good governance everywhere. Inclusiveness of fundamental human capabilities, the institu- means ensuring the equal participation and tion of lifelong learning, societal incentives equal treatment of anyone who has a stake in and models that value knowledge and other the governance process and wants to partici- social changes aimed at rewarding productive pate in that process. Individuals’ basic rights work, rather than relying on rents or access to must be defined and protected by creating

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 173 governance mechanisms for that purpose in etary union and is making moves in the political addition to providing remedies and recourse and defence spheres. This experience is distin- guaranteed by rule of law. Within the corpo- guished as it has enhanced the effectiveness of rate sector, an area where inclusiveness needs the regional organization in two ways: ﬁrst by substantial strengthening pertains to the rights giving the regional structure precedence over of shareholders. national structures, empowering it to take de- Establishing good cisions which are binding on member states; AT THE PAN-ARAB LEVEL and second, by providing a broader space for governance at the citizens and the social sectors to participate in pan-Arab level Establishing good governance at the pan-Arab decision-making processes and scrutiny of its level means replacing the fragmented and performance. This presupposes that: citizens means replacing change-resistant regional set-up of the present are entitled to participate in government at the fragmented and day (Chapter 6) with structural arrangements the national level; representational bodies are aiming at integration and based on a new level already equipped with extensive legislative change-resistant of political will and commitment. Regional in- powers; there is a partnership between the gov- regional set-up of the tegration would bring its constituent members ernment, civil society organizations and mar- together in an economic, and possibly also ket institutions; while the judiciary protects the present day. political, union. This would call for more con- rights of all parties. sistency and common standards in social and The binding nature of decisions taken by economic systems as well as the enhancement the regional organization leads to the adoption of general awareness, solidarity and collective of the founding agreement, with the force of thinking among citizens themselves. law. On this foundation, the regional judicial The results of the Freedom Survey, (see institution bases its interpretation and rulings Figure 7-2), demonstrate the Arab people’s on disputes over implementation, whether aspirations for stronger Arab cooperation, in- between citizens and their governments or cluding support for the “Arab Free Citizenship agencies of the regional body on matters Area” as called for in the AHDRs, and even within their competence. The regional body “complete political unity”. must work transparently. It should publish its The leading model of this kind is the EU, decisions in the media and engage citizens in which recently became an economic and mon- dialogue using information and communica- Figure 7-2 Preferred forms of stronger Arab cooperation, ﬁve Arab countries, Freedom Survey, 2003

The regional body must work transparently.

174 ARAB HUMAN DEVELOPMENT REPORT 2004 tion technology. It can set up advisory bodies Rights, which would allow individuals to bring to include representatives of special interest action directly against governments if the na- groups and involve parliamentary assemblies tional system failed to give them justice. These in decision-making where the regional author- bodies should be empowered to adopt manda- ity is involved in implementing the decision. It tory resolutions. can also address the people directly through The European example however leaves It has become the Internet to create greater awareness and room for innovation in creating an Arab model invite their views on regional issues. with broader scope for integration. While the necessary for Arab As at the international level, regional Europeans have succeeded in achieving unity countries to conclude mechanisms are set up to settle disputes or among diverse nationalities, the Arabs have the support preventive diplomacy between states opportunity to explore the horizons of a single a new Arab Human and prepare draft regional agreements for nation, which is still in disarray despite shar- Rights Convention. state ratification, which are then integrated ing a common culture, language, history and by states’ into their respective national laws. future. Treaties may deal, for example, with human rights in general, or matters relating to specific LIBERATION FROM OCCUPATION disadvantaged social sectors, such as women, children or people with special needs. The Governance reform at the national and pan- regional body also sets up multi-faceted part- Arab levels would guarantee policy consistency nerships with regional civil and economic in- BOX 7-5 stitutions as well as networks that link national Recommended Good Governance Institutions at the and local institutions and individual citizens Pan-Arab Level directly with regional activities. Networking 1. The Arab Court of Justice or Arab brought by Arab citizens against their of this kind is among the most effective tools Court of Human Rights: to protect human governments especially if the judiciary in that information and communications tech- rights throughout the Arab region, and their own countries fails to protect their nology can provide to increase participation. not merely as a dispute settlement mecha- rights. nism among governments as is the case 2. The Arab Parliament: to be formed Given the significant variations in standards now, and as proposed in the governmen- ultimately through open, direct and fair of living both within countries and between tal initiatives to reform the Arab League. elections among representatives of soci- states, committees and funds should to be set To attain its objective it is imperative that etal forces in Arab countries. up to help raise the standard of living of, and the Arab Court of Justice admits cases enhance the community spirit for the less fortunate social sectors and regions. Finally, the Figure 7-3 regional organization offers opportunities for Perception of just solutions to the Palestinian question, five Arab countries, treaties or joint measures on common defence Freedom Survey, 2003 and security issues, as well as the potential to negotiate collectively with international bodies and in international forums, which reinforces the capabilities of individual member states. In particular, it has become necessary for Arab countries to conclude a new Arab Human Rights Convention, fully conforming to the human rights system as a whole as represented by all the components of international human rights law. This treaty should start where other protected rights conventions end and add to, rather than diminish them. The new convention should provide all necessary mechanisms to stop violations at the country and pan-Arab levels. Perhaps the most important of these mechanisms would be an Arab Council of Human Rights and an Arab Court of Human

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 175 between the aspirations of the Arab people for GOVERNANCE AT THE GLOBAL liberation from occupation, particularly Pales- LEVEL tine, figure 7-3, on the one hand, and the objectives and actions of the Arab good governance The Arab region continues to be labelled as regime, at the national, pan-Arab and global volatile and to suffer occupation by outside levels on the other. A good regional govern- forces and internal and cross-border conflicts ance order would also enhance the prospects that deprive people of their basic, inalienable The prospect of of liberation from occupation. This could take rights and impede human development in af- the form of support for resistance to occupa- fected areas. While much of the responsibility protecting the tion or collective bargaining to restore and for ending such conflicts lies with the parties legitimate rights of safeguard Arab rights in international arenas themselves, the failure of global governance to and to act towards their realization. Undoubt- address and help resolve such conflicts can- the Arabs improves edly, the prospect of protecting the legitimate not be ignored. This system will need to be with the reform of rights of the Arabs improves with the reform of reformed to provide effective and peaceful governance at the global level. channels for settling disputes and a framework governance at the As such, governance reform at all three of fair rules that are subscribed to, and imple- global level. levels: the national, pan-Arab and global, is of mented by all. The system has to uphold the crucial importance. Even more important per- rule of law on the weak and the strong alike. haps is that synergy in good governance at all The ﬁrst priority must be reform within the three levels could shield Arabs from the pain- UN to make it the model for good governance ful experience of occupation in the future. at the global level and an effective instrument According to the results of the Freedom for protecting peace, security and prosper- Survey, Annex 1, interviewees, particularly ity throughout the world. This is the faithful those in Palestine, do not expect the current translation of the society of freedom and good state of affairs to result in a just solution to governance at the global level. the Palestinian question. The just solution is Many ideas have been advanced in this re- represented either by setting up a Palestinian spect, ranging from changing the composition State on the 1967 borders, the preferred option of the United Nations Security Council and of Palestinians in particular, or by “setting up a limiting the dominance of certain members, to democratic State in Palestine”. expanding the enforcement authority of Gen- eral Assembly resolutions.

BOX 7-6: Excerpts from the Address by the UN Secretary General, Kofi Annan, at the Opening Session of the General Assembly, New York, 21 September 2004.

The prevalence of suffering faced by people nesses. Too often it is applied selectively, and to resuscitate societies shattered by con- around the world and acts of violence reflect enforced arbitrarily. It lacks the teeth that flict…And it is by rigorously upholding inter- our collective failure to uphold the rule of turn a body of laws into an effective legal sys- national law that we can, and must, fulfill our law, and instill respect for it in our fellow tem…Those who seek to bestow legitimacy responsibility to protect innocent civilians men and women. We all have a duty to do must themselves embody it; and those who from genocide, crimes against humanity and whatever we can to restore that respect. To invoke international law must themselves war crimes. As I warned this Assembly five do so, we must start from the principle that submit to it. Just as, within a country, respect years ago, history will judge us very harshly if no one is above the law, and no one should be for the law depends on the sense that all have we let ourselves be deflected from this task, or denied its protection. Every nation that pro- a say in making and implementing it, so it is think we are excused from it, by invocations claims the rule of law at home must respect in our global community. No nation must feel of national sovereignty. it abroad; and every nation that insists on it excluded. All must feel that international law I believe we can restore and extend the abroad must enforce it at home. belongs to them, and protects their legitimate rule of law throughout the world. But ulti- At the international level, all states interests. mately, that will depend on the hold that the – strong and weak, big and small – need a Rule of law as a mere concept is not law has on our consciences… Each genera- framework of fair rules, which each can be enough. Laws must be put into practice, and tion has its part to play in the age-old struggle confident that others will obey. Fortunately, permeate the fabric of our lives… It is by to strengthen the rule of law for all – which such a framework exists… And yet this reintroducing the rule of law, and confidence alone can guarantee freedom for all. Let our framework is riddled with gaps and weak- in its impartial application, that we can hope generation not be found wanting.

176 ARAB HUMAN DEVELOPMENT REPORT 2004 What concerns us from the perspective of present here are only the broad outlines of Arab human development is the establishment our preferred scenario: first, for Arab society of an impartial and effective international au- to discuss them, second, to place them within thority, which guarantees humanity security, their respective context, and third, to work for peace and prosperity on a solid basis of human them after they are adopted. rights and justice for all. The transitional target In Max Weber’s terminology, what is pro- towards that can be the achievement of “the posed here is a “pure” or ideal type for desired Millennium Development Goals”, which were change. If adopted, such a type would most adopted by an extraordinary international certainly be adapted and modified by each consensus. Arab country to reflect its respective characteristics and capabilities. The UN’s credibility A ROLE FOR THE UN AND OTHER We formulate here one of the possible tra- INTERNATIONAL AGENCIES jectories for attaining the “izdihar” scenario. centres on its fair, Societal innovation could generate many more, constructive and The UN enjoys widespread credibility, par- around a sequence of acts leading towards a so- ticularly among the people, a credential not ciety of freedom and good governance in Arab positive role. associated with any other international pres- countries. In our scenario, the completion of ence, although this standing fluctuates in some each act leads to the emergence of the next. political situations. This credibility can be ex- The sequence of events leading to this historic pected to increase as good governance at the metamorphosis in the Arab world, according global level advances in the directions men- to this one possible trajectory passes through tioned above. two major stages. The first is total respect for The UN’s credibility centres on its fair, the key freedoms of opinion, expression and constructive and positive role, which is widely association. The second is a historic and peace- accepted, to help peoples and States overcome ful process of negotiation among all dynamic difficult periods in their history especially in societal forces in Arab countries, including the context of political reform. The UN can authorities currently in power, aimed at redis- play a crucial role in the process of transforma- tributing power in favour of the people at large tion towards good governance and freedom in and establishing the institutional structures of Arab countries. It can help assure the comple- good governance. tion of initial legal reforms guaranteeing civil Vision dims the further one peers into the society organizations the freedom to exist and future, and prospects for alternatives multiply. carry out their activities; it can guarantee that We therefore focus on the first opening act of This first act is conditions are met for holding free and fair this sequence, it being the closest to us, and the so crucial that it elections and it can provide observers to moni- most accessible to reflection. Since this opening tor elections during transitional periods when act initiates the historic leap towards freedom represents, in our the electoral system first becomes operational. and good governance in the region, it merits view, the yardstick This role for the UN should be comple- close attention. Indeed, in this light, this first mented by stronger co-operative links among act is so crucial that it represents, in our view, by which to judge global civil society groups, in particular those the yardstick by which to judge the seriousness the seriousness of working for human rights worldwide. of governance reform in Arab countries. The opening act is then presented in governance reform in ACHIEVING PEACEFUL enough detail to appreciate its dimensions and Arab countries. POLITICAL ALTERNATION IN how it subsequently leads to a sequence of acts ARAB COUNTRIES IN ORDER TO representing variations on the trajectory suf- BUILD FREEDOM AND GOOD ficient to launch the region towards freedom GOVERNANCE: THE ‘IZDIHAR’ and good governance. The formulation of pos- SCENARIO. sible sequences of acts, leading to the society of freedom and good governance, is left to the As has become the tradition with the Arab creativity of reform forces in Arab societies, Human Development Reports, what we each acting within their own circumstances.

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 177 ACT 1: LIBERATION OF Initial conditions for this first act to ma- CIVIL SOCIETY, LAYING terialize include, in addition to the above, the THE FOUNDATION FOR elimination of all types of marginalization and COMPREHENSIVE LEGAL AND discrimination against societal groups and an POLITICAL REFORM end to all types of exceptional legal arrangements such as emergency laws and exceptional The curtain rises, so to speak, on a historic courts. Foundations also need to be set down process of transformation towards freedom for the principles of transparency and dis- and good governance in the Arab countries closure in all organizations throughout Arab Present-day civil through the unleashing of societal forces in societies. society has its own order to ensure the emergence of a societal As such, this act requires an initial far- movement for change in service to an Arab reaching legal and organizational reform the flaws, brought on by renaissance. crux of which is the guarantee of key freedoms a climate of corruption The theatrical analogy implies that this and independence of the judiciary and changes historic transformation can only start with that limit the role of security forces to their and restricted such an opening act and will unfold only on original mandate in protecting the security of freedom. its completion. That ending will be marked citizens and the nation. by the total respect of the key freedoms of In this sense, this initial reform is the indis- opinion, expression and association in Arab pensable prerequisite for the historic process countries3. These key freedoms must coexist, of change, aiming at ensuring freedom and because freedom of expression, for example, is “izdihar” in Arab societies. ineffective if not complemented by freedom of The successful enactment of this stage association in both civil and political society, is assured by the development of a public and other rights and freedoms usually follow attitude supportive of change and progress; thereon. and by the emergence of a societal movement In this opening act, civil society institu- that includes all societal forces that support tions, in particular, acquire autonomy. Their freedom and good governance. Participants situation changes from one where the ex- in this movement come from both within and ecutive branch of government licenses them to outside the government and particularly from exist, subject to supervision, intervention and civil society institutions, and are eligible to lead control, to one of absolute freedom to organize the struggle for freedom and good governance. and operate under the protection of the rule of The realization of this opening act will signifi- law and an independent judiciary. cantly contribute to the achievement of these Present-day civil society has its own flaws, two goals. brought on by a climate of corruption and The successful emergence of this opening restricted freedom. Legal and organizational act in political alternation is assisted by and reform in this act will therefore incorporate guaranteed – particularly in preparation for measures to guarantee good governance in subsequent acts - by the formation of dynamic those institutions themselves, notably to elimi- pan-Arab networks, with active country-level nate financial and administrative corruption nodes. These networks would agree on the and safeguard the public interest. minimum level of social reconstruction in Arab countries required to ensure an Arab consensus on the previously described historic BOX 7-7 Guaranteeing freedom for civil society negotiation and on renaissance objectives, and they would call for it in an effective manner. Current status: Desired status: This would require the mobilization of popular Civil society organizations must be au- The law, upheld fairly by an independ- forces and the creation of a climate of change thorized and supervised, with executive ent judiciary, guarantees freedom of or- towards the society of freedom and good gov- authority intervention in their activities. ganization and expression for all. ernance. This in turn would set the stage for

3 We recall that this was the ﬁrst pillar of the strategic vision for building the knowledge society in Arab countries, AHDR2.

178 ARAB HUMAN DEVELOPMENT REPORT 2004 subsequent acts of the “izdihar” scenario to A society that is always open to the potentials unfold. The chances of the first act succeed- of human progress through the acquisition ing would be enhanced if an “Arab renaissance and effective use of capabilities in the various network” established its own media outlets spheres of human activity, with none subject to that would call for these goals, independently unjust force or coercion; a society in which an of both ruling governments and the profit- individual is secure against all adversities. That seeking sector. society is the outcome of human development, This first act depends as well on an ena- the goal which this series of Reports is dedi- bling regional and global environment amid cated to achieving in the Arab world in honour the plethora of initiatives and plans compet- of its entire peoples. This (regional) ing to influence the Arab future. Perhaps There is a not inconsiderable distance consensus can take the potential partnership between internally between the present point of departure in generated and externally motivated reform Arab countries and this noble destination; and the form of an Arab initiatives, currently under exploration, could pitfalls and obstacles at the national, regional version of the Helsinki foster such a climate. and global level line the way forward. Perhaps At the pan-Arab level, a solid Arab consen- we Arabs have long been reluctant to engage accords. sus on the required legal and institutional rein the social struggle that offers freedom and forms would widen the path forward through establishes the society of good governance. It the first act. This consensus can take the form may be that we have been too lenient and that of an Arab version of the Helsinki Accords.4 It this has invited usurpation by those greedy for would centre on a convention to be concluded what our region has to offer. The cost of our among Arabs in an Arab city (so to become reluctance and passivity is the burdensome for example the “Fez Accords” or the “Dubai legacy that we are left with. Accords”) that officially opens up the public The time has come to make up for the sphere in Arab countries. missed opportunities of the past. It is to be The climate of freedom created by unleash- hoped that the Arab people will not again fail ing the key freedoms can be expected to secure to take the historic road leading it to its appro- the remaining conditions for systemic change: priate place in a better, fairer and freer world, high quality institutions within civil and politi- one that it will have contributed to bring into cal societies at the national and regional levels; being, and in whose benefits it will share. and to prepare for subsequent acts in the “iz- The Arab world is at a decisive point that dihar” scenario. does not admit compromise or complacency. Let each rise to the challenge. EPILOGUE: THE FURTHEST LOTUS TREE5 The time has come The foregoing pages have made it clear that to make up for the formidable obstacles stand in the way of a society of freedom and good governance in Arab missed opportunities countries. of the past. But hopefully, they also show that, at the end of this difficult journey, there lies a noble goal, worthy of the hardships endured by those who seek it. That goal is nothing less than a society of freedom. In that place, human dignity is respected and people’s basic needs - material, emotional and spiritual - are met.

4 In 1975 representatives of 35 States met in Helsinki, capital of Finland, at a conference on security and cooperation in Europe. Negotiations led to the “Helsinki Accords” guaranteeing the principles for freedom and human rights. Participating states undertook to respect human rights for all, without discrimination. They also undertook to encourage and support the effective exercise of civil, political, economic, social and cultural freedoms and rights inherent in the dignity of the human person and necessary at the same time to attain her/his enjoyment of freedom. 5 A tree in Paradise

A STRATEGIC VISION OF FREEDOM AND GOVERNANCE IN ARAB COUNTRIES – ALTERNATIVE FUTURES 179 References

In English and French Department of State-Ofﬁce of Research, 2003 “Iraqi public has wide ranging preferences Abed, G.T., 2004 for a future political system”, Washington Personal communication with N Fergany Document, 21 October 2003.

Ahram Hebdo, 2003. El-Affendi, Abdelwahab, 1993. “Réforme ou réformette”, Ahram Hebdo, 3-9 “The Eclipse of Reason: The Media in the décembre 2003. Muslim World,” Journal of International Affairs, vol. 46, no. 2, Winter 1993. Al-Ash’al, Abdallah, 2001. “La mise en oeuvre des mesures coercitives Fergany, Nader, 1998 prises par le Conseil de sécurité dans le droit Human capital and economic preference in international et le droit interne”, Thèse, Paris Egypt, Almishkat, Cairo, August 1998. II, Assas, Paris. ------, 1994 Urban women, work and poverty alleviation Amnesty International, 2004 in Egypt, Almishkat, Cairo, February 1994 International Secretariat, London, website: www.amnesty.org Fuller, G. E., 2004 Islamists in the Arab World, the Dance Ayoubi, Nazih N., 1995. around Democracy, Carnegie Endowment “Overstating the Arab State: Politics and for International Peace, Washington DC, Society in the Middle East”, I.B. Tauris, September 2004. London. Gellner, Ernest, 1994. Barry, Robin, 2002. Conditions of Liberty, Civil Society and its “The real roots of Arab anti-Americanism,” Rivals, Hamish Hamilton, London. Foreign Affairs, November-December 2002. Hayek. F. A., 1978. Berlin, Isaiah, 1969. The Constitution of Liberty, the University of Four essays on liberty, Oxford University Chicago Press, Chicago. Press, New York. Health, Development, Information and Policy Brumberg, Daniel, 2003. Institute, 2004. “The Trap of Liberalized Autocracy,” in: “Health and Segregation” Diamond, Larry et. al., eds., Islam and Democracy in the Middle East, The Johns Hook Sidney, 1987. Hopkins University Press, Baltimore, 2003, Paradoxes of Freedom, Prometheus Books, pp. 35-47. Buffalo, New York.

Dahl, R. A., 1971. Hopkins, Nicholas S. and Sadd Eddin Polyarchy, Participation and Opposition, Yale Ibrahim, eds., 1997. University Press, New Haven. Arab Society: Class, Gender, Power and

REFERENCES 181 Development, American University Press, Khalidi, Rashid, 2004, Cairo. Resurrecting Empire, Beacon Press, Boston, Massachusetts. Human Rights Watch, 2003. Linz, J. J. and A. Stepan, 1996. “Iraq; Civilians Deaths Needs US Problems of Democratic Transition and Investigation”, Human Rights Watch, New Consolidation: Southern Europe, South York, 21 October 2003 (http://hrw.org/ America and Post-communist Europe, Johns press/2003/10/Iraq102103.htm). Hopkins University Press, Baltimore.

Huntington, Samuel P., 1996 Lubbers, Ruud, 2002. The Clash of Civilisations and the Remaking “Statement by Ruud Lubbers- United Nations of the Modern World. Simon & Schuster, High Commissioner for Refugees”, the Third New York. Committee of the General Assembly, New York, 19 November 2001; UN News Center, Inglehart, R. (Ed.), 2003 20 February 2002: “Human values and social change, ﬁndings from the world values surveys”. International Marcuse, Herbert, 1969. studies in Sociology and Social Anthropology, An Essay on Liberation, a Pelican book, Brill, Leiden. Boston. Penguin, London.

Kaufmann, Daniel, Aart Kraay and Massimo MEDACT, 2003. Mastruzzi, 2003 “Continuing collateral damage: the health “Governance Matters III: Governance and environmental costs of war of Iraq”, Indicators for 1996-2002.” MEDACT, London, November 2003. The World Bank Policy Research Department Working Papers, First Draft, World Bank, Micklethwait, J. and A. Wooldridge, 2003. Washington, 30 June 2003; Revised Version, A Future Perfect, The Challenge and Promise 5 April 2004. of Globalization, Random House Trade Paperbacks, New York. Keane, John, 1998. Civil Society: Old Challenges, New Visions, Mill, John Stuart, 1978. Polity Press, Cambridge. On Liberty, edited with an Introduction by Elizabeth Rapaport, Hackett Publishing ------, 1988. Company, Inc., Indianapolis/Cambridge Civil Society and the State: New European (Originally published in 1859). Perspectives, Verso, London. Oman, C., 2001 Keddie, Nikki R, and Sayyid Jamal ad-Din, “Corporate Governance and National 1972. Sayyid Jamal ad-Din “Al-Afghani”: A Development”. OECD Development Centre, Political Biography, University of California Technical papers No. 180, September 2001. Press, Berkeley, California. Owen, 1992. Kennedy, M. D. and B. Porter, 2000 Negotiating Radical Change, Understanding Przeworski, Adam, 1988. and extending the lessons of the Polish “Democracy as a Contingent Outcome of Round Table Talks, U-M Center for Russian Conﬂicts,” in: Jon Elster and Rune Slagstad and Eastern European Studies, Ann Arbor, (eds.) Constitutionalism and Democracy, Michigan. Cambridge University Press, Cambridge,

182 ARAB HUMAN DEVELOPMENT REPORT 2003 Sadiqi, Larbi, 2004 World Bank, 2003. The Search for Arab Democracy: Discourses Better Governance for Development in the and Counter-Discourses. Hurst & Company, Middle East and North Africa: Enhancing London. Inclusiveness and Accountability, The World Bank, Washington DC., Sen, Amartya, 2002. Rationality and Freedom, The Belknap ------, 2004. Press of Harvard University Press, Harvard, West Bank and Gaza Update, March 2004. Massachusetts. World Health Organization, 2003. ------, 1999. The World Health Report, 2003, WHO, Development as Freedom, Anchor Books, A Geneva. Division of Random House, Inc., New York. World Values Survey Association, 2004. ------, 1988. World Values Survey, 1995-2001, World On Ethics and Economics, Blackwell publish- Values Survey Association (WVSA), ers, Malden, Massachusetts. Stockholm. website: www.worldvaluessurvey. org. Stepan, Alfred, 2001. In Arguing Comparative Politics, Oxford Zakaria, F., 2003. University Press. The Future of Freedom, Illiberal Democracy at Home and Abroad, Norton, New York. Transparency International, 2003. Transparency International Corruption Zogby J.J., 2002 Perceptions Index 2003, Transparency What Arabs Think: Values, Beliefs and International Website (www.transparency. Concerns, Zogby International/the Arab org). Thought Foundation. September 2002.

UN Department of Economic and Social Palestinian Red Crescent Society website, Affairs, 2000. www.palestinercs.org, September 2004. Building Partnerships for Good Governance: The Spirit and the Reality of South-South B’Tselem website, www.btselem.org, Cooperation, United Nations, New York, ST/ September 2004. ESA/PAD/SER. E/6. Ofﬁce for the Coordination of Humanitarian UNDP, 1990. affairs. occupied Palestinian territory. ‘1990 Human Development Report’, Oxford Humanitarian Information Fact Sheet January University Press, New York. 2005. www.Humanitarianinfo.org/opt/ OCHA Waltz, Susan, 2004 Muslim States’ Contributions to International UNICEF, At a glance: occupied Palestinian Human Rights Instruments, in Human Rights territory.www.unicef.org/infobycountry/opt_ Quarterly, Vol. 26, Johns Hopkins University 1535.html. Press, Baltimore, November 2004 UNDP: Millennium Development Goals Waterbury, 1995. Report - Palestine,2002.

Wiston, 1999.

REFERENCES 183 In Arabic ------, 1989. Fi al-Nizam al-Siyasi lil-Dawla al-Islamiyya ‘Abd al-Khaliq, Farid, 1998/1319. [The Political System in the Islamic State]. Mabadi’ Dusturiyya fi al-Fiqh al-Islamiyya Dar Al-Shuruq, Cairo. [Constitutional Principles in Islamic Jurisprudence]. Dar al-Shuruq, 1st ed.,Cairo. Al-Afandi, ‘Abd al-Wahhab and others, 2002. ‘Abd al-Latif, Kamal, 1999. Fi Tashrih Usul al-Istibdad: Qira’a fi Nizam al- Al-Haraka al-Islamiyya wa-Atharuha ‘ala al- Adab al-Sultaniyya [On Dissecting the Origins Istiqrar al-Siyasi fi al-‘Alam al-‘Arabi [The of Despotism: A Reading in the System of Islamic Movement and Its Impact on Political Sultanic Letters]. Dar al-Tabi’a, Beirut. Stability in the Arab World]. Markaz al-Imarat ------, 1992. lil-Dirasat al-Istiratijiyya, Abu Dhabi. Harakat al-Taharrur al-‘Arabi: al-Mafhum wal-Ahdaf al-Mumkina [The Arab Liberation Al-Ansari, Muhammad Jabir, 1994. Movement: Concept and Achievable Goals]. Takwin al-‘Arab al-Siyasi wa-Maghza al- Dawla al-Qutriyya [Arab Political Formation Abd al-Hakim, Shawqi, 1994. and the National State]. Center for Arab Unity Turath Sha’bi [Popular Cultural Heritage]. Studies, Beirut. Part 1, Al-Hay’a al-Misriyya al-‘Amma lil- Kitab, Cairo. Al-Dajani, Ahmad Sidqi, 1988. Madrasa ‘Arabiyya fi ‘Ilm al-Siyasa, [An Arab Al Najjar, Muhammad Rajab, 1995. School of Political Science]. 1st ed., Dar al- Al-Turath al-Qisasi fi al-Adab al-‘Arabi [The Mustaqbal al-‘Arabi, Cairo. Narrative Heritage in Arab Literature]. Vol. 1, Dar Al-Salasil, Kuwait. Al-Fasi, ‘Allal, 1977. Al- Hurriyya [Freedom]. Matba’at al-Risala, Al-‘Aqqad, ‘Abbas Mahmud, 2002 Rabat. ‘Abqariyyat ‘Umar [The Genius of ‘Umar]. Dar Nahdat Misr lil-Tiba’a wal-Nashr, Cairo, ------, 1963/1382. February 2002. Maqasid al-Shari’a al-Islamiyya wa-Makarimuha [Islamic Law: Intentions and Qualities]. Al-‘Arawy, Abdallah, 1993. Maktabat al-Wahda al-‘Arabiyya, Casablanca. Mafhum al-Hurriyya [The Concept of Freedom]. Arab Cultural Center, 5th edition, Al-Ghanushi, Rashid, 1993. Beirut. Al-Hurriyat al-‘Amma fi al-Dawla al-Islamiyya [Public Freedoms in the Islamic State]. Center ------, 1988. for Arab Unity Studies, Beirut. Mafhum al-Dawla [The Concept of the State]. Al-Markaz al-Thaqafi al-‘Arabi, Beirut. Al-Habbabi, Muhammad Aziz, 1972. Min al-Hurriyyat ila Al-Taharrur [From ------, 1981. Freedoms to Emancipation]. Dar al- Ma’arif, Mafhum al-Hurriyya [The Concept of Cairo. Freedom]. Arab Cultural Center, 1st edition, Casablanca. Al-Harrani (al-Halabi), Abu Muhammad Al- Hasan ibn ‘Ali ibn al-Husayn ibn Shu’ba (4th Al-‘Awwa, Muhammad Salim, 1998. cent. AH). Al-Fiqh al-Islami fi Tariq al-Tajdid [Islamic Tuhaf al-‘Uqul ‘an Al ar-Rasul [The Gems Jurisprudence on the Road to Renewal]. Al- of the Minds Concerning the Clan of the Maktab al-Islami, 2nd ed. Prophet].

184 ARAB HUMAN DEVELOPMENT REPORT 2004 Al-Jabiri, Muhammad ‘Abid, 1993. Al-Mawardi, ‘Ali ibn Muhammad Habib al- “Ishkaliyyat al-Dimuqratiyya wal-Mujtama’ Basri, 1983/1404. al-Madani ﬁ al-Watan al-‘Arabi” [The Al-Ahkam al-Sultaniyya [The Rules of Problematics of Democracy and Civil Society Government]. Dar al-Fikr lil-Tiba’a wal- in the Arab Homeland] in Al-Mustaqbal al- Nashr, Cairo. ‘Arabi, Issue 167, 1993. Al-Na’ini, al-Muhaqqiq, 1909. ------, 1992. Tanbih al-Umam wa-Tanzih al-Milla [Alerting Fikr Ibn Khaldon: al-’Asabia wa al-Dawla the Nation and Exoneration of the Sect]. [Ibn Khaldoun’s Thought: Clannism and the State] Center for Arab Unity Studies, Beirut. Al-Naqib, Khaldun Hasan, 1996. Al-Dawla al-Tasallutiyya ﬁ al-Mashriq al- Al-Jawhary, Muhammad, 1981. ‘Arabi [The Autocratic State in the Arab ‘Ilm Al-Fulklur [The Science of Folklore]. Part East]. Center for Arab Unity Studies, 2nd edi- 2, Dar Al-Ma’rifa al-Jami’iyya, Alexandria. tion, Beirut.

Al-Kandahlawi, Muhammad Yusuf, 1997. Al-Nasiri, Ahmad ibn Khalid, 1956. Hayat al-Sahaba [The Life of the Companions]. Al-Istiqsa’ li-Akhbar Duwal al-Maghrib al- Ed. By, Muhammad al-Tahir Abd al-Bari and Aqsa, [Exploring the News of the Maghrib]. Ahmad Abd al-Fattah Tammam. Vol. 2, Dar Dar al-Kitab, Casablanca. al-Salam lil-Tiba’a wal-Nashr, 1st edition, Cairo. Al-Qaradawi, Yusuf, 1977a. Al-Hulul al-Mustawrada wa-Kayf Janat ‘ala Al-Kawakibi, Abd al-Rahman, 1984. Ummatina – Hatmiyyat al-Hall al-Islami Taba’i’ al-Istibdad wa-Masari’ al-Istibdad [Imported Solutions and Their Impact on [The Characteristics of Tyranny and the Our Community: the Dire Need for an Islamic Killing Grounds of Enslavement]. Dar Al- Solution]. Maktabat Wahba, 3rd ed., Cairo. Nafa’is, Beirut. ------, 1977b. ------(“Rahhala K”), n.d. Al-Khasa’is al-‘Amma lil-Islam [The General Taba’i’ al-Istibdad wa-Masari’ al-Istibdad Characteristics of Islam]. Dar Ghurayyib lil- [The Characteristics of Tyranny and the Tiba’a, Cairo. Killing Grounds of Enslavement]. Matba’at al-Jamaliyya, Cairo. Al-Razzaz, Munif, 1985. Al-A’mal al-Fikriyya al-Kamila [Complete Al-Ma’afiri, Abu Muhammad ‘Abd al-Malik Philosophical Works]. Dar al-Mutawassit, ibn Hisham, 1418 AH/1998 AD Munif al-Razzaz Foundation for National Sirat Ibn Hisham [Ibn Hisham’s Life of the Studies, 1st edition. Prophet], edited and annotated by ‘Adil Al-Sayyid, Ahmad Lutfi, 1963. Ahmad ‘Abd al-Mawjud and ‘Ali Muhammad Mabadi’ fi al-Siyasa wal-Adab wal-Ijtima’ Mu’awwad in Al-Sira al-Nabawiyya [The Life [Principles of Politics, Literature and of the Prophet], Vol.2, Maktabat al-‘Abikan, Sociology]. Dar al-Hilal, Cairo. 1st ed., Riyadh. Al-Sayyid, Radwan, 2002. Al-Manfaluti, Mustafa Lutfi, 1984. Mas’alit Huquq al-Insan fi al-Fikr al-Islami Mu’allafat Mustafa Lutfi al-Manfaluti alal-Mu’asir [Human Rights in Contemporary Kamila Al-Juz’ al-Awwal [The Complete Islamic Thinking] in Huquq al Insan fi al-Fikr Works of Mustafa Lutfi al-Manfaluti. Part I]. al-‘Arabi – Dirasat fi al-Nusus [Human Rights 2 vols.. Darf al-Jil, Beirut. in Arab Thinking, Study of the Texts]. Ed. by Salma al-Khadra’ al-Juyusi, Center for Arab Unity Studies, Beirut.

REFERENCES 185 Al-Shuwayri, Yusuf, 2003. Bunduq, Mahdi, 2003. “Al-Shura wal-Libiraliyya wal-Dimuqratiyya Tafkik al-Thaqafa al-‘Arabiyya [The fi al-Watan al-‘Arabi: Aliyyat al-Intiqal” in Al- Disintegration of Arab Culture]. Supreme Mustaqbal al-‘Arabi, Issue 286, Beirut, March Council for Culture, Cairo. 2003. Dirgham, Raghida, 2003. Al-Taghyirat Ta’ti min Al-Kharij Idha Lam Al-Suyuti, al-Hafiz Jalal al-Din, Tanbathiq min Hayawiyya fi al-Dakhil Tarikh al-Khulafa’ [The History of the [Changes Come from the Outside If They Do Caliphs]. Dar al-Kutub al-‘Ilmiyya, ?. Not Emerge from Internal Dynamism] in Al- Hayat, 1 August 2003. Al-Tahtawi, Rifa’a, 1872. Al-Murshid al-Amin lil-Banat wal-Banin [The Fekri, Fathi, 2000 Honest Guide for Girls and Boys]. Cairo (also Al-Qanoon Al-Destouri, Al-Ketab Al-Thani, the Complete Works, edited by Muhammad Al- Nezam Al-Hezbi- Solotat Al-Hokm Fi ‘Imara, Arab Foundation for Studies and Destour 1971 [Constitutional Law, Book Publication, Beirut, 1973). Two, Party System- Governance Authoroties in the 1971 Constitution]. Dar Al-Nahda Al------, 1840. ’Arabia, Cairo. Takhlis al-Ibriz fi Talkhis Bariz [The Golden Summary of Paris]. 2nd edition, Cairo (also the Fergany, Nader, 1995. Complete Works, ed. Muhammad ‘Imara, The Al-Misriyyun wal-Siyasa [Egyptians and Arab Foundation for Studies and Publication, Politics]. Almishkat and Dar al-Mustaqbal al- Beirut, 1973). ‘Arabi, Cairo. Al-Turabi, Hassan, 2003. Al-Siyasa wal-Hukm [Politics and ------, 1992. Governance]. Dar Al Saqi, Beirut-London. ‘An Naw’iyyat al-Hayat fi al-Watan al- ‘Arabi [On the Quality of Life in the Arab Al-Zayyat, Muntasir, 2003. Homeland]. Center for Arab Unity Studies, “Al-Taghyir bi-Yadina wa-Lan Naqbilhu Beirut. Abadan min al-Kharij” [Change is in Our Own Hands and We Shall Never Accept General Secretariat, League of Arab States/ Change Imposed from Outside] in Al-Hayat, Office of the High Commissioner for Human 28 August 2003. Rights, 2003. Mashru’ Tahdith al-Mithaq al-‘Arabi li- Arab Institute for Human Rights, 2001. Huqouq al-Insan [Updating the Arab Human Dawr al-Tarbiya wal-Ta’lim fi Ta’ziz Huquq Rights Charter, a report prepared by the team al-Insan fi al-‘Alam al-Arabi [The Role of of Arab expert members of UN human rights Upbringing and Education in Strengthening bodies charged with revising the draft Arab Human Rights in the Arab World]. Tunis. Human Rights Charter]. December 2003.

Basyuni, Mahmud Sharif, Muhammad Sa’id Ghalyun, Burhan, 2003a. al-Daqqaq and ‘Abd al-‘Azim Wazir, 1989. Al-Dimuqratiyya al-Mafruda wal- Huquq al-Insan [Human Rights]. Dar al-‘Ilm Dimuqratiyya al-Mukhtara: al-Khiyarat lil-Malayin, Beirut. al-‘Arabiyya al-Rahina ﬁ al-Intiqal ila al- Dimuqratiyya [“Imposed Democracy and Bishara, ‘Azmi, 1998. Voluntary Democracy: Current Arab Options Al-Mujtama’ al-Madani: Dirasat Naqdiyya in the Shift to Democracy”] in Al-Mustaqbal [Civil Society: Critical Studies]. Center for al-‘Arabi, no.286, Beirut, March 2003. Arab Unity Studies, Beirut.

186 ARAB HUMAN DEVELOPMENT REPORT 2004 ------, 2003b. Hijazi, Mustafa, 2001. Al-‘Arab wa-Tahawwulat al-‘Alam, Min Suqut Al-Takhalluf al-Ijtima’i: Madkhal ila Jidar Birlin ila Suqut Baghdad [The Arabs and Sikulujiyyat al-Insan al-Maqhur [Social World Change, from the fall of the Berlin Wall Backwardness: Point of Entry to the to the fall of Baghdad]. Al-Markaz al-Thaqaﬁ Psychology of the Oppressed Person]. Al- al-‘Arabi, Casablanca. Markaz al-Thaqaﬁ al-‘Arabi, 8th ed.

------, 2002. Husayn, Taha, 1996. Huquq al-Insan fi al-Fikr al-Arabi al-Mu’asir Mustaqbal al-Thaqafa fi Misr [The Future of [Human Rights in Contemporary Arab Culture in Egypt]. Dar al-Ma’arif, 2nd edition, Thought] in Huquq al-Insan fi al-Fikr al- Cairo. ‘Arabi-Dirasat fi al-Nusus [Human Rights in Arab Thought, Studies of Texts]. Ed. by Ibrahim, Sa’d al-Din, 2003. Salma al-Khadra’ al-Juyusi, Centre for Arab “Na’m bi Yad ‘Amr…In Lam Tusari’ Aydina Unity Studies, Beirut. ila al-Taghyir” [Yes to the Hand of the Other…As Long As Our Hands Do Not ------, 2001. Hasten to Change] in Al-Hayat, 13 August Mu’awwaqat al-Dimuqratiyya fi al-Watan al- 2003. ‘Arabi. Al Jazeera website. ------(ed.), 1996. ------, 1994. Al-Mujtama’ wal-Dawla fi al-Watan al-‘Arabi Al-Dimuqratiyya al-‘Arabiyya – Judhur al- [Society and State in the Arab Homeland]. Azma wa-Afaq al-Numuww [Arab Democracy Center for Arab Unity Studies, 2nd edition, – The Roots of the Crisis and Horizons for Beirut. Development] in Burhan Ghalyun, ‘Azmi Bishara, Gurj Jaqman, Sa’id Zaydan, Musa ------, 1991. al-Budayri: Hawla al-Khiyar Al-Dimuqrati Al-Mujtama’ al-Madani wal-Tahawwul al- – Dirasat Naqdiyya [The Democratic Option Dimuqrati fi al-Watan al-‘Arabi [Civil Society - Critical Studies], 1st edition, Beirut. and Democratic Transformation in the Arab Homeland]. Matabi’ al-Ahram al-Tijariyya, Ghulum, Ibrahim Abdallah, 2002 Qalyoub. Al-Thaqafa wa-Intaj al-Dimuqratiyya, [Culture and the Production of Democracy]. Ibrahim, Zakariyya, 1957. Arab Foundation for Studies and Publishing, Mushkilat al-Hurriyya [The Problem of Beirut. Freedom]. Maktabat Misr, 3rd edition.

Hanafi, Mustafa, 2002. Jid’an, Fahmi, 2002. “Al-Fikr al-Falsafi fi al-Maghrib: Su’al al- “Al-Ta’a wal-Ikhtilaf fi Daw’ Huquq al-Insan Hurriyya fi Kitabat ‘Alal Al-Fasi Al- Falsafiyya” fi al-Islam” [Obedience and Disagreement in [Philosophical Thought in Morocco: The the Light of Human Rights in Islam] in Huquq Question of Freedom in the Writings of ‘Allal al-Insan fi al-Fikr al-‘Arabi – Dirasat Al-Nusus al-Fasi] in Al-Falsafa fi al-Watan al-‘Arabi fi [Human Rights in Arab Thought] ed. Salma Mi’at ‘Amm [A Hundred Years of Philosophy al-Khadra’ al-Juyusi, Center for Arab Unity in the Arab Homeland]. Center for Arab Studies, Beirut. Unity Studies, Beirut. ------, 1988. Hananda, Mahir, 2002. Usus al-Taqaddum ‘ind Mufakkiri al-Islam fi Mafhum al-Hurriyya fi al-Fikr al-Falsafi alal-‘Alam al-‘Arabi al-Hadith [The Foundations ‘Arabi al-Mu’asir [The Concept of Freedom in of Progress according to Islamic Thinkers Contemporary Arab Philosophical Thought]. in the Contemporary Arab World]. Dar Al- Al-Mustaqbal al-‘Arabi, October 2002. Shuruq, 3rd edition, Amman.

REFERENCES 187 Kawtharani, Wajih, 2002. al-Tafawud wa-‘Ilaqatihi bil-Tawari’ Min al-Tanzimat ila al-Dustur – Huquq al- [Democracry, the Application of Emergencies Insan fi Nusus Kuttab al-Nahda, [From the and the Corrupting of Characters : A Tanzimat to the Constitution: Human Rights Historical View of the Right to Negotiation in the Writers of the Renaissance] in Huquq and Its Relationship to Emergencies]. al-Insan fi al-Fikr al-‘Arabi [Human Rights in Arab Thought]. Ed. by Salma al-Khadra’ al- Murqus, Ilyas, 1997. Juyusi, Center for Arab Unity Studies, Beirut. Naqd al-‘Aqlaniyya al-‘Arabiyya [A Critique of Arab Rationalism]. Dar al-Hisad, Damascus. Khashana, Rashid, 2003. Tunis ba’d 16 ‘Amm [Tunisia after 16 years] Nassar, Nasif, 2004. in Al-Hayat, 3 November 2003 Bab al-Hurriyya, Inbithaq al-Wujud bil-Fi’l [Gateway to Freedom, the Eruption of Existence Khayr al-Din (al-Tunusi), 1972. Through Action]. Dar Al-Tali’a, Beirut. Aqwam al-Masalik fi Ma’rifat Ahwal al- Mamalik [The Straightest Path to Knowledge ------, 2000. of the Conditons of Nations]. Matba’at al- “Al-Nahda al-‘Arabiyya al-Thaniya wa- Dawla, 1st ed., Tunis, 1284 A.H. (also: Al-Dar Tahaddi al-Hurriyya” [The Second Arab al-Tunusiyya, ed. by Monsif al-Shinufi, 1972). Renaissance and the Challenge of Freedom] in Al-Nahda al-‘Arabiyya al- Thaniya [The League of Arab States, Arab Fund for Second Arab Renaissance]. Edited and in- Economic and Social Development, The troduced by Ghassan Abd al-Khaliq, Abd Arab Monetary Fund, The Organization of al-Hamid Shuman Foundation, Al-Mu’assasa Arab Petroleum Exporting Countries, various al–‘Arabiyya lil-Dirasat wal-Nashr, Amman– dates. Beirut. Al-Taqrir al-Iqtisadi al-‘Arabi al-Muwahhad [The Consolidated Arab Economic Report] Nusayba, Sari, 1995. 1998-2003. www.amf.ae.org. Al-Hurriya bayn al-Hadd wal-Mutlaq [Freedom, Limited or Absolute?]. Dar al- Luciani, Giacomo, 1995. Saqi, Beirut–London. “Al-Ri’ al-Nafti wal-Azma al-Maliyya lil-Dawla wal-Taharrauk nahwa al-Dimuqratiyya” [Oil Palestinian submission to the International Revenue, the Financial Crisis of the State and Court of Justice, 88-89, in Arabic. the Move Towards Democracy] in Salama, Ghassan Dimuqratiyya bi-dun Dimuqratiyyin Sa’b, Hasan, 1981. [Democracy without Democrats]. Center for Al-Islam wal-Insan [Islam and Mankind]. Dar Arab Unity Studies, Beirut, p 175-206. al-‘Ilm lil-Malayin, Beirut.

Majalli, Fu’ad, 2002. ------, 1975. “Huquq al-Insan fi al-Maqala al-Ibda’iyya al- Islam al-Hurriyya La Islam al-‘Ubudiyya ‘Arabiyya hatta ‘Am 1950” [Human Rights [Islam as Freedom Not as Slavery]. Dar al- in Creative Writings in Arabic to 1950] in ‘Ilm lil-Malayin, Beirut. Huquq al-Insan fi al-Fikr al-‘Arabi – Dirasat Al-Nusus [Human Rights in Arab Thought]. Salama, Ghassan (ed.), 1995. Ed. Salma al-Khadra’ al-Juyusi, Center for Dimuqratiyya bi-dun Dimuqratiyyin Arab Unity Studies, Beirut. [Democracy without Democrats]. Center for Arab Unity Studies, Beirut. Makki, Ahmad, 1990. Al-Dimuqratiyya, Tatabiq al-Tawari’ wa- Salama, Ghassan et al. (ed.s), 1989. Ifsad al-Taba’i’: Ru’ya Tarikhiyya li-Haqq Al-Umma wal-Dawla wal-Indimaj fi al-Watan

188 ARAB HUMAN DEVELOPMENT REPORT 2004 al-‘Arabi [The Community, The State and 2004. Integration in the Arab Homeland]. Center for Arab Unity Studies, Beirut. ------, 1999. Salama, Yusuf, 2002. “Al-Idiyulujiyya al-Thawriyya wa-Istihalat “Ishkaliyyat al-Hurriyya wa-Huquq al-Insan al-Dimuqratiyya” [Revolutionary Ideology fi al-Fikr al-‘Arabi al-Islami al-Hadith” [The and the Impossibility of Democracy] in Problematic of Freedom and Human Rights Al-Dimuqratiyya wal-Ahzab fi al-Buldan in Modern Islamic Arab Thought] in Huquq al-‘Arabiyya: al-Mawaqif wal-Makhawif alal-Insan fi al-Fikr al-‘Arabi [Human Rights in Mutabadila [Democracy and Parties in Arab Arab Thought]. Ed. by Salma al-Khadra’ al- Countries: stands and mutual fears]. Ed. by Juyusi, Center for Arab Unity Studies, Beirut. ‘Ali Khalifa al-Kawwari, Center for Arab Unity Studies, Beirut. Salim, Abd al-Rahman, 1999/1420. Al-Rasul: Hayatuh wa-Tatawwur al-Da’wa United Nations High Commission for Human al-Islamiyya fi ‘Asrih [The Prophet: His Life Rights, 2002. and the Development of Islamic Propaganda “Huquq al-Insan: Majmu’at Sukuk Duwaliyya” in His Epoch]. Dar al-Fikr al-‘Arabi, 1st ed., [Human Rights: a Collection of International Cairo. Legal Instruments] in Sukuk ‘Alamiyya [Global Legal Instruments] Vol.I, Part I, New Sha’ban, Abd al-Husayn, 2004. York, Summer 2002. Mu’anat al-Mujtama’ al-Madani al-‘Iraqi min al-Istibdad al-Muzmin ila Fawda al-Ihtilal Waqidi, Muhammad, 1990. [The Sufferings of Iraqi Civil Society: from Bina’ al-Nazariyya al-Falsafiyya – Dirasat fi al- Chronic Tyranny to the Chaos of Occupation]. Falsafa al-‘Arabiyya al- Mu’asira [Constructing International and Regional Conference Philosophical Theory – Studies in on Democracy and Human Rights, Sanaa, Contemporary Arab Philosophy]. Dar Al- January 2004. Tali’a, Beirut. Shams al-Din, Muhammad Mahdi, n.d. Nizam al-Hukm wal-Idara fi al-Islam [The Zurayq, Kustantin, 1981. System of Governance and Administration in Fi Ma’rakat al-Hadara [On the Battle for Islam]. Civilization]. Dar al-‘Ilm lil- Malayin, 4th ed., Beirut. Sharabi, Hisham, 1992. Al-Mujtama’ al-Abawi wa-Ishkaliyyat Takhalluf al-Mujtama’ al-‘Arabi [Patriarchal Society and the Problematic of the Backwardness of Arab Society]. Center for Arab Unity Studies, Beirut.

------, 1990. “Al-Naqd al-Hadari lil-Mugtama’ al-’Arabi ﬁ al-Qarn al-’eshreen” [Cultural Critique of Arab Society in the Twentiteh Century] Center for Arab Unity Studies, Beirut.

Tarabishi, George, 2004. “Limadha Inhasar al-‘Unf ﬁ al-Mujtama’at al- Dimuqratiyya wa-ﬁ ma baynaha?” [Why Has Violence Been Contained Within and Among Democratic Societies?] in Al-Hayat, 30 May,

REFERENCES 189 ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES

INTRODUCTION from which the WVS was designed differs from that of this report and its concepts. In addi- In general, the measurement of freedom and tion, its field studies have some data limitations governance in Arab countries suffers from when it comes to Arab countries for essentially weak databases, subjectivity in the identi- the same reasons that constrain other surveys fication of indicators, and a scarcity of in- in the Arab region. dicators derived from solid empirical field The second approach consisted of striv- studies that capture a representative range of ing to enrich knowledge on the measurement popular opinions. of freedom and governance in Arab countries Starting from the planning stage, the through conducting controlled field surveys on AHDR team aimed to address these measure- opinions relating to the concept of freedom, ment problems by adopting two approaches. the level of enjoyment of freedom and change The first was to conduct a secondary analysis therein over time, and means of expanding of the results of the World Values Survey 2003 freedom. (WVS). This extensive international study, which includes 96 countries throughout the FREEDOM SURVEY, ARAB HUMAN world, provides an opportunity to compare DEVELOPMENT REPORT Arab and other countries in the world with respect to elements of freedom and governance. To overcome the deficient measurement The AHDR team’s secondary analysis focused of freedom used in the previous AHDRs to on comparing the Arab countries included in raise the issue of freedom in Arab countries, this large international study (five at the time of and to better serve the rich concept of freedom writing) with a number of non-Arab countries, adopted in the present Report (chapter one), all enjoying acceptable levels of democratic the Report team, in collaboration with reputa- governance but varying in location. Results of ble survey firms in Arab countries, designed a this approach are relayed throughout this Re- field survey to gauge the opinion of Arab pop- port. ulations with regard to the definition of free- This analysis was based on field surveys dom and the extent of enjoyment of freedom carried out in a number of countries including in their respective countries. The design called five Arab (Algeria, Egypt, Jordan, Morocco, for polling weighted representative samples of and Saudi Arabia1) comprising more than half Arab citizens, 18 years of age and above, se- of the Arab population. For comparison pur- lected to ensure gender balance. poses, indicators on the Arab countries are The original hope was that the survey could contrasted with those on nine non-Arab coun- be conducted in a large number of Arab countries from Latin America, Africa and Asia that tries. This hope, however, was frustrated by are considered to enjoy acceptable levels of the general constraints faced by empirical re- democracy (Argentina, Bangladesh, Brazil, In- search in Arab countries. It reflects restrictions donesia, Nigeria, Pakistan, South Korea, South on freedom of research and on the generation Africa and Turkey).2 of knowledge in the region. The problem was It is important to note that the perspective compounded, no doubt, by the sensitive nature

1 Differences among Arab States in terms of elements of the questionnaire are to be noted. 2 Presented results in the graphs included in the Report represent simple arithmetic averages of these nine countries.

ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 191 of the subject of this report. These constraints MAJOR CHARACTERISTICS OF THE compound the paucity of data and information SURVEY SAMPLES in these areas compared to other developmental spheres in Arab countries. The survey included at least 1,000 cases provid- Based on previous experience, the field ing a representative sample of the population in survey team did not entertain the possibility of each of the five Arab countries (table AI.3). implementing the survey in some Arab coun- According to the original design, survey tries where the conduct of field surveys was samples were divided equally between women clearly not possible. Among those countries and men and provided for strong representa- approached, at least one Arab country (Egypt) tion (no fewer than 250 respondents) of two refused to grant the permit required to conduct generations, the older and the younger, with a a field survey. In another country (Morocco), gap of 35 years (figure AI.1). questionnaire items relating to corruption in The distribution of the survey samples by the police and the army were excluded from residence (rural/urban) and educational level the survey. as well as by age and gender is shown in table At the time of preparing this analysis, sur- AI.3. vey results were available for only five Arab countries (Algeria, Jordan, Lebanon, Morocco QUALITY INDICATORS OF SURVEY and Palestine), comprising about one quarter RESULTS of the Arab population (more than 70 million people), located in both eastern and western Arab countries. Percentage of Missing Observations In terms of coverage, the survey sample is In less developed countries, opinion sur- below the ambition of representing the total- veys face considerable problems that are ex- ity of Arab peoples. However, and despite acerbated when the topic is thorny from one restriction on freedom and scientific research perspective or another. In these countries, such and lack of knowledge about measurements surveys are hampered by the fact that respond- of freedom in the Arab countries, one is com- ents might lack the knowledge or intellectual forted that information made available by the ability to comprehend the issues raised and limited sample is still a useful contribution. We form an opinion about them. This is normally hope that a day will come when such a research reflected in a “do not know” response. When is easily conducted towards enriching freedom the respondent does have these two elements, and knowledge alike. knowledge and ability, and formulates an opinion, s/he might lack the courage to express it to avert a real or perceived punishment. This is reflected in survey results in the form of re- Figure AI.1 sponses such as “no opinion” or “refused to Freedom Survery, 2003 Sample distribution, by age and gender in Arab countries (%) answer”. Procedurally, “do not know” and “no opinion” and “refused to reply” responses are considered as missing observations. The effective impact of missing observations is that it reduces the sample size proportionally in relation to each of the survey items with variations from one item to the other. The impact of this loss is minimized when the sample size is initially large, as in our case, since the number of responses remains reasonably high despite the missing data. Conceptually, the high rate of missing observations indicates the sensitivity of the relevant survey elements. Technically

192 ARAB HUMAN DEVELOPMENT REPORT 2004 speaking, a large proportion of missing obser- BOX AI-1 vations, especially with respect to non-contro- Description of survey samples versial issues, indicates the low quality of a field Jordan Weighting: Self-weighted. survey and its conduct. Sampling areas: All governorates were Morocco The average share of missing observations covered. The country was divided into Sampling areas: Casablanca, Fez, Keni- strata based on the results of the census tra, Meknes, Marrakesh, Rabat and Set- in the results of the Freedom Survey in the of population and housing that was con- tat. five countries about 15 per cent. If we take ducted by the Department of Statistics Sampling units selection criteria: Re- in 1994. The rural and urban segments gion, residence (urban/ rural) and socio- into consideration the rather high percentage of each governorate and each of the five economic status. of missing observations for some of the more main cities (Amman, Ar-Rossifa, Irbid, Sampling selection method: Quota sensitive items of the questionnaire in the Arab Wadi Sir and Zarqa) were considered a sampling with reference to a predeter- separate sector. mined itinerary. context, the percentage of missing observations Sample selection method Weighting: Self-weighted. declines to levels that are generally acceptable Multistage stratified cluster sampling: in opinion surveys. Sectors were divided into clusters, each Palestine containing about a number of house- Sampling areas: West Bank and Gaza; It is to be noted that the survey results pre- holds (about 80 households on average cities, villages and refugee camps. sented in the report refer to the responses of in each cluster). Samples were drawn Sampling units selection criteria: the total number of those interviewed during from clusters in each sector, proportion- Residence (urban/ rural/ camps) and ate to size, within each stratum. Finally, gender. the survey, including the missing observations. systematic sampling was adopted to se- Sampling selection method: Probabil- There are a number of the “opinion explor- lect 10 households from each cluster. ity sampling with reference to a prede- ing” elements in the freedom survey in which termined itinerary. Lebanon Weighting: Self-weighted sample. missing observations rose to a great extent. This Sampling areas: Administrative Beirut, reflects, in our opinion, the extreme sensitivity Mount Lebanon, North, Beqaa, and the Algeria of the issues raised in the Arab context or in South. Sampling units selection criteria: Re- Sampling units selection criteria: Resi- gion, residence (urban/ rural) and socio- specific Arab countries. These issues include: dence (urban/rural), gender (male/fe- economic status. • liberation from occupation, foreign mili- male) and social status (household: rich, Sampling selection method: Quota tary bases and foreign influence; particularly in middle class, and poor). sampling with reference to a predeter- Sampling selection method: Cluster mined itinerary. Jordan, Morocco, and Algeria. sampling. Weighting: Self-weighted. • minority freedoms, especially in Algeria, Jordan and Morocco; are quite strongly consistent with known and • prevalence of corruption in the judiciary, expected information on freedom and gov- police and army, especially in Morocco (where ernance in Arab countries, as shown by the all observations were lost) and Algeria. evidence presented throughout the present Strangely, however, this sensitivity extended to Report. They also reflect some of the known issues that are relatively non-controversial such characteristics of the five countries/territory as: covered. These factors raise the level of con- • freedom of thought and belief, especially in fidence in the results of the surveys. Needless Algeria and Jordan; to say, as Arab countries embark on the his- • freedom of opinion, expression, associa- toric transformation towards a society of free- tion, and organization especially in Jordan; dom and good governance, the day will come • freedom of property, movement, marriage in which such surveys can be conducted freely and economic activity, especially in Jordan and and regularly. Such a development would in Morocco. itself surely accelerate the pace of the progress These results could mean that these towards freedom and good governance. freedoms are rather fragile in the countries The results of the surveys did not differ sig- concerned, or that the sensitivity of the con- nificantly by gender or generation, especially troversial issues extended to responses to other with respect to the three major dimensions: elements. definition of freedom, extent of enjoyment thereof and change therein during the five SIGNIFICANCE OF THE years preceding the survey. This can be taken AVAILABLE RESULTS as an indication of a broad societal consensus on the main results of the AHDR 2004 Free- The results of the AHDR Freedom Survey dom Survey.

ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 193 OPINION POLL QUESTIONNAIRE

The questionnaire used in the opinion poll for the survey follows.

Conﬁdential Data QUESTIONNAIRE Country of Study Jordan 1 Public Opinion Poll Egypt 2 |__| Questionnaire No. 5 (November ) 2003 Lebanon 3 Questionnaire Number 6 Palestine 4

Introductory Data

1. Governorate: |__||__||__||__ |__||__| 6. Block No.: ||__| 2. District: |__| 7. Cluster No: |__||__||__||__| 3. Sub-District: |__| 8. Bldg. No.: |__||__||__| 4. Township : |__| 9. House No.: |__||__||__| 5. Community: |__||__| 10. Household Serial No.: |__||__||__| 11. Number of Household Members: |__||__|

Household Visit Result First Visit Household Visit Result First Visit Occupied 1 Interview completed 1

Permanently closed 2 Required person is out 2

Empty 3 No qualiﬁed person 3

Used for non residence purposes 4 Travelling away 4

No longer exists 5 Sick / invalid / elderly 5

Refused interview 6 Refused interview 6

Other (Specify): ______7 Other (Specify): ______7

Original 1 Interview completed Substitute 2 Work Progress

Interviewer Supervisor Coder Data Entry Operator Name: Name: Name: Name:

Date: / / 2003 Date: / /2003 Date: / /2003 Date: / / 2003

Introduction Good morning/ Good evening. I am ------from ------, an independent organization specialized in the field of studies carried out by talking to people and obtaining their opinions on specific issues. The organization is now conducting a survey on the issue of freedoms, and I would like you to give me some of your time to answer some questions. I assure you that the information will remain confidential and will be used only for professional research purposes. (If the respondent is not a national of the survey country and has been living there for less than five years, end the interview). Use the second column in the table below to record the ages of all family members who are 18 years old and above, starting with the eldest, and specify the sex in the table). The intersection of the number of the youngest family member with the serial number of the household visit in the block specifies the person eligible for the interview.

194 ARAB HUMAN DEVELOPMENT REPORT 2004 Please tell me about the family members (males/ females) who are 18 years old and above. Respondent’s Selection Table

Sex: 1 - Male 2 - Female |__|

Household Household members 18 Serial Number of the Household member years old and above, start- number ing with the eldest 123456789101112131415 1 111111111111111

2 212121212111212

3 321321321321321

4 432143214321432

5 543215432154521

6 654321654321654

Note to the interviewer: Please circle the corresponding response.

100 Are you willing to take part in this poll?

Yes 1 No 2 End interview |__|

SECTION ONE (Interviewer: Ask questions 104/105/106 for each of the items listed in the table below.)

101 To what extent do you think that (freedom from occupation) relates to your total concept of freedom? Does it relate to a large extent, a moderate extent, a small extent or not at all?

102 To what extent do you think that (freedom from occupation) is secured in ------(state the name of the survey country)? (Interviewer: If the answer was “to a large extent”, move to second item in the table below.)

103 Do you think that (freedom from occupation) in ------(state the name of the survey country) has improved, has stayed at the same level or has deteriorated over the last ﬁve years?

Question 101 Question 102 Question 103

Extent to which it is related to Freedom from ------secured to State of freedom from (---- the concept of total freedom: this extent: --) over the last ﬁve years: Large Moderate Small Not related at all Don’t know Refused to answer Large Moderate Small Not related at all Don’t know Refused to answer Improved Stayed at same level Deteriorated Don’t know Refused to answer 1. Freedom from occupation 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

2. Freedom from military bases 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

3. Freedom from foreign inﬂuence 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

4. Freedom from hunger 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

5. Freedom from sickness 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

6. Freedom from ignorance 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

7. Freedom from lack of income 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_|

8. Freedom from poverty (lack of 1 2 3 4 8 9 |_| 1 2 3 4 8 9 |_| 1 2 3 8 9 |_| basic human capabilities: health, education, social and political participation)

ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 195 (Interviewer: Ask questions 104/105/106 for each of the items listed in the table below.)

104 To what extent do you think that (freedom of thought) relates to your total concept of freedom? Does it relate to a large extent, a moderate extent, a small extent or not at all?

105 To what extent do you think that (freedom of thought) is secured in ------(state the name of the survey country) without considerable obstacles? (Interviewer: If the answer was “to a large extent”, move to second item in the table below).

106 Do you think that (freedom of thought) in ------(state the name of the survey country) has improved, has stayed at the same level or has deteriorated over the last ﬁve years?

Question 104 Question 105 Question 106

Extent to which it is related (Freedom of thought) se- State of freedom to the concept cured without considerable of (-----) over the of total freedom: obstacles to this extent in last five years: ------(survey country): Large Moderate Small Not related at all Don’t know Refused to answer Large Moderate Small Not related at all Don’t know Refused to answer Improved Stayed at same level Deteriorated Don’t know Refused to answer 1. Freedom of thought 1 23489|_|123489|_|12389|_| 2. Freedom of faith 1 23489|_|123489|_|12389|_| 3. Freedom of opinion and expression 1 23489|_|123489|_|12389|_| 4. Freedom of gathering and organization 1 23489|_|123489|_|12389|_| 5. Independence of the media (from authority and money) 1 23489|_|123489|_|12389|_| 6. Freedom of union and professional organizations 1 23489|_|123489|_|12389|_| 7. Freedom of civil and cooperative associations 1 23489|_|123489|_|12389|_| 8. Freedom of religious organizations 1 23489|_|123489|_|12389|_| 9. Freedom of property 1 23489|_|123489|_|12389|_| 10. Freedom of movement within the country 1 23489|_|123489|_|12389|_| 11. Freedom of marriage 1 23489|_|123489|_|12389|_| 12. Freedom of economic transactions 1 23489|_|123489|_|12389|_| 13. Equality before the law 1 23489|_|123489|_|12389|_| 14. Gender equality 1 23489|_|123489|_|12389|_| 15. Freedom of minorities – if available – to use their 1 23489|_|123489|_|12389|_| language 16. Freedom of minori-ties – if available – to practise their 1 23489|_|123489|_|12389|_| own culture 17. Freedom of minorities – if available – to practise their 1 23489|_|123489|_|12389|_| own religious rites 18. Right to organize opposing political communities 1 23489|_|123489|_|12389|_| 19. Presence of significant opposition that has the 1 23489|_|123489|_|12389|_| opportunity to influence decisions 20. Complete indepen-dence of the courts 1 23489|_|123489|_|12389|_| 21. Fighting corruption 1 23489|_|123489|_|12389|_| 22. Transparent government 1 23489|_|123489|_|12389|_| 23. Government accountability 1 23489|_|123489|_|12389|_| 24. Freedom of minorities – if available – to self-govern 1 23489|_|123489|_|12389|_| 25. Electing leaders of central government through free 1 23489|_|123489|_|12389|_| and honest elections 26. Electing leaders of local government through free and 1 23489|_|123489|_|12389|_| honest elections 27. Electing powerful representatives to the legislative 1 23489|_|123489|_|12389|_| through free and honest elections

196 ARAB HUMAN DEVELOPMENT REPORT 2004 Section Two

A. Women and Society

I will read to you a number of statements. Please tell me the extent to which you agree or disagree with 201 To what extent do you agree that (girls have the same right to education as boys)? (Interviewer: Ask about all the items in the table below.)

I agree to this extent : Large Moderate Small I don’t agree I don’t know Refused to answer

1. Girls have the same right to education as boys. 1 2 3 4 8 9 |__| 2. Women have the same right to work as men. 1 2 3 4 8 9 |__| 3. Women have the same right to political action as men. 1 2 3 4 8 9 |__| 4. A woman’s children have the right to acquire her nationality the 1 2 3 4 8 9 |__| same as a man’s children have the right to acquire his nationality. 5. A woman has the right to assume a judiciary position. 1 2 3 4 8 9 |__| 6. A woman has the right to assume the position of Minister. 1 2 3 4 8 9 |__| 7. A woman has the right to assume the position of Prime Minister. 1 2 3 4 8 9 |__| 8. A woman has the right to assume the position of Head of State. 1 2 3 4 8 9 |__|

B. Activities of the Council of Deputies/ Parliament

202 To what extent do you think that the parliament (performs its legislative role effectively)? (Interviewer: Ask about all the items in the table below.)

Parliament performs its legis- Does not perform I don’t Refused to lative role to this extent: this role at all know answer Large Moderate Small

1. Performs its legislative role effectively 1 2 3 4 8 9 |__| 2. Controls the Government’s work effectively 1 2 3 4 8 9 |__| 3. Holds the Government accountable effectively 1 2 3 4 8 9 |__|

C. Courts

203 Do you have conﬁdence in going to the courts (read):

Constantly Occasionally Rarely I don’t know Refused to answer

1. In civil disputes 1 2 3 8 9 |__| 2. In ﬁnancial and economic disputes 1 2 3 8 9 |__| 3. In disputes relating to freedoms 1 2 3 8 9 |__|

D. The media I will read to you a number of statements. Please tell me the extent to which you agree or disagree with

204 To what extent do you think that the (government) media in ------are (Interviewer: State the name of survey country, then read and describe the extent.):

Extent Not / does not I don’t know Refused to an- (-----) at all swer Large Moderate Small 1. Honest 1 2 3 4 8 9 |__| 2. Presents the opinion and the other opinion 1 2 3 4 8 9 |__| 3. Contributes to the acquisition of knowledge 1 2 3 4 8 9 |__|

ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 197 205 To what extent do you think that the (non-government) media in ------are (Interviewer: State the name of survey country, then read and describe the extent):

Extent Not/ does not I don’t know Refused to an- (-----) at all swer Large Moderate Small 1. Honest 1 2 3 4 8 9 |__| 2. Presents the opinion and the other opinion 1 2 3 4 8 9 |__| 3. Contributes to the acquisition of knowledge 1 2 3 4 8 9 |__|

E. Corruption

206 To what extent do you think that (corruption) in ------(Interviewer: State the name of survey country.) is common (read):

Common to a large extent 1 Common to a moderate extent 2 Common to a small extent 3 |__| Not common at all 4 I don’t know 8 move to Q 211 Refused to answer 9

207 In which of the following areas do you think that corruption is the most common in ------(State name of survey country) (read): (Interviewer: Only one response)

Politics 1 Economy 2 Courts 3 |__| Social relations 4 I don’t know 8 Refused to answer 9

208 To what extent do you think that corruption is common in the (Courts/ Judiciary) (read): (Interviewer: Ask about all the items in the table below.)

Corruption is common to Not com- Don’t Refused to this extent: mon at all know answer Large Moderate Small

1. Courts/ Judiciary 1 2 3 4 8 9 |__|

2. Army/ Armed Forces 1 2 3 4 8 9 |__|

3. Police/ Security Forces 1 2 3 4 8 9 |__|

4. Trafﬁc police 1 2 3 4 8 9 |__|

5. Education 1 2 3 4 8 9 |__|

6. Customs 1 2 3 4 8 9 |__|

7. Tax 1 2 3 4 8 9 |__|

8. Business community 1 2 3 4 8 9 |__|

9. Central government departments 1 2 3 4 8 9 |__|

10. Local government departments 1 2 3 4 8 9 |__|

11. Parliament 1 2 3 4 8 9 |__|

198 ARAB HUMAN DEVELOPMENT REPORT 2004 209 Which of the following groups contributes the most to the spread of corruption (read): (Interviewer: Only one response)

Politicians 1 Businessmen 2 Low-ranking employees 3 |__| High-ranking employees 4 Don’t know 8 Refused to answer 9

210 To which of the following reasons do you attribute the spread of corruption ------(State the name of study country) (read): (Interviewer: Only one response)

Poverty 1 Lack of the rule of law 2 Weak government transparency 3 |__| Lack of effective government accountability 4 Weak court system and inadequate law enforcement 5 Don’t know 8 move to Q 213 Refused to answer 9

211 Do you know of anyone who has paid a bribe to facilitate business over the last twelve months?

Yes 1 No 2 Don’t know 8 |__| Refused to answer 9

212 Was this bribe offered (read):

To secure a service or beneﬁt 1 To avoid punishment 2 |__| Other (specify): ------3 Don’t know 8 Refused to answer 9

213 Do you know of anyone who has used favouritism (mediation/ special connection) to expedite a certain business or transaction over the last twelve months?

Yes 1 No 2 |__| Don’t know 8 move to Q 215 Refused to answer 9

214 Was this wasta used (read):

To secure a service or beneﬁt 1 To avoid punishment 2 |__| Other (specify): ------3 Don’t know 8 Refused to answer 9

ANNEX I. MEASUREMENT OF FREEDOM IN ARAB COUNTRIES 199 215 In your view, what is the best way to obtain a service (beneﬁt)? (read): (Interviewer: One response only) Bribe 1 Favouritism 2 Complaint to ofﬁcial authorities 3 |__| Resort to the media 4 Other (specify): ------5 Don’t know 8 Refused to answer 9

216 In your view, what is the most successful way to avoid punishment? (read): (Interviewer: One response only) Bribe 1 Favouritism 2 Complaint to ofﬁcial authorities 3 |__| Resort to the media 4 Other (specify): ------5 Don’t know 8 Refused to answer 9

217 To what extent do you think that (establishing institutional governance system /the rule of law) contributes to fighting corruption? Would establishing the rule of institutional governance system contributes to fight corruption to a large, moderate, or small extent, or does it not fight corruption at all? (Interviewer: Ask about all the items in the table below.)

Contributes to this extent: Large Moderate Small Does not ﬁght at all Don’t know Refused to answer 1. Establishing the institutional governance system/ rule of law 1 2 3 4 8 9 |__| 2. Strengthening government transparency 1 2 3 4 8 9 |__| 3. Enforcing effective government accountability 1 2 3 4 8 9 |__| 4. Elimination of poverty 1 2 3 4 8 9 |__| 5. Ensuring the independence of the courts 1 2 3 4 8 9 |__| 6. Strengthening and rigorous enforcement of the sanctions against corrupt people 1 2 3 4 8 9 |__| (Interviewer: Ask questions 218/ 219 for each of the items in the table below.)

F. Efﬁciency of Public Services

218 To what extent do you think that (government health services) are satisfactory in ------(State the name of the survey country)? Are they satisfactory to a large, moderate or small extent or are they unsatisfactory?

219 To what extent do you think that the cost of (government health services) is satisfactory in ------(State the name of the survey country)? Is it satisfactory to a large, moderate or small extent or is it unsatisfactory?

Question 218 Question 219

To what extent do you think that To what extent do you think that government health services are the cost of government health satisfactory: services is satisfactory: Large Moderate Small Unsatisfactory Don’t know Refused to answer Large Moderate Small Unsatisfactory Don’t know Refused to answer 1. Government health services 1 2 3 4 8 9 |__| 1 2 3 4 8 9 |__| 2. Private health services 1 2 3 4 8 9 |__| 1 2 3 4 8 9 |__| 3. Government education 1 2 3 4 8 9 |__| 1 2 3 4 8 9 |__| 4. Private education 1 2 3 4 8 9 |__| 1 2 3 4 8 9 |__|

200 ARAB HUMAN DEVELOPMENT REPORT 2004 Section Three