Judicial Power in Transitional Regimes: Tunisia and Egypt Since the Arab Spring

Total Page:16

File Type:pdf, Size:1020Kb

Judicial Power in Transitional Regimes: Tunisia and Egypt Since the Arab Spring JUDICIAL POWER IN TRANSITIONAL REGIMES: TUNISIA AND EGYPT SINCE THE ARAB SPRING A Dissertation Presented to the Faculty of the Graduate School Of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Government By Frederick Harris Setzer, January 2017 © 2017 Frederick Harris Setzer ​ ​ ​ JUDICIAL POWER IN TRANSITIONAL REGIMES: TUNISIA AND EGYPT SINCE THE ARAB SPRING Frederick Harris Setzer, Ph.D. Cornell University, 2017 The dissertation examines the question of why political authorities assign different powers to courts during political transitions through the cases of Egypt and Tunisia following the 2011 uprisings. In Egypt, the Supreme Council of the Armed Forces allowed the Supreme Constitutional Court (SCC) to continue exercising its power of constitutional review throughout the transition. In Tunisia, the transitional Ben Achour Commission dissolved the Constitutional Council and suspended constitutional review for the duration of the transition. The dissertation argues that the formal powers of courts after 2011 were determined by a two step process that hinges on ideas about the judicial role: first, relations between the courts and the old regime produced a set of ideas about the judicial role; second, these ideas constrained the political authorities that designed the transitional institutions following the 2011 revolutions. The dissertation considers two alternative explanations. First, the powers of courts may have been determined by the interests of political authorities for or against majority rule. Second, courts may have drawn support from civil society. If courts have allies in civil society, they are more able to claim additional formal powers. The dissertation rejects these explanations based on evidence from interviews with judges, lawyers and political parties, and a study of judicial decisions and transitional documents. Instead, studies of the behavior of the Tunisian Administrative Tribunal, the Egyptian Supreme Constitutional court, and of the incorporation of the shariah into the two countries’ legal systems demonstrate the plausibility of the judicial role hypothesis. The dissertation contributes to a debate about how to conceive of democratic transitions. Against the voluntarist account presented by Philippe Schmitter and Guillermo O’Donnell, the dissertation argues that the institutional legacy of the judiciary provides a real constraint on decision makers during the transition.1 It also contributes to a debate about what role courts can play in democratization. Scholars of democratization, such as Juan Linz and Alfred Stepan, argue that strong courts aid democratization. Scholars of courts in authoritarianism, such as Nathan Brown, see courts as part of the regime.2 The dissertation emphasizes the particular characteristics of national legal systems that determine whether courts will act as holdovers from the old regime or as agents of democratization. Chapter 1: History and Institutional Choices The chapter introduces the legal history of Egypt and Tunisia and excludes explanations 1 Schmitter and O’Donnell (1978) ​ 2 Linz and Stepan (1996), Brown (2006) ​ based on an early divergence of the cases before the reform era of the 1970’s. Legal development followed similar trajectories in Tunisia and Egypt. Both countries began legal reforms during the era of pre-colonial state-building. Although Egypt was colonized by Britain and Tunisia by France, both countries retained a civil law system with strong French influences. Both countries were governed by leftist nationalist regimes in the middle of the twentieth century. An important divergence occurred in the reform era. Egyptian president Sadat (1970-1981) established the Supreme Constitutional Court as the centerpiece of his legal reforms and a guarantor of the liberal rights granted by the 1971 Constitution. Tunisia reached the same goal by establishing the Administrative Tribunal. A constitutional court occupied the center of Egypt’s legal system. In Tunisia, this role was filled by an administrative court with comparable political influence but no power of constitutional review. Chapter 2: Countermajoritarian Interests and Judicial Power The chapter examines implications of the countermajoritarian hypothesis for the design of the transitional institutions, the stances of political parties on the question of interim constitutional review, and the outcome of elections in both countries. The design of the transitional institutions is not fully countermajoritarian in Egypt or fully majoritarian in Tunisia. Electoral rules in Egypt amplified the vote share of the Muslim Brotherhood’s “Freedom and Justice Party”. Electoral rules in Tunisia limited the number of seats won by the Islamist party Ennahda. Parties from across the spectrum supported interim constitutional review in Egypt, and opposed it in Tunisia. All of these findings undermine the countermajoritarian hypothesis. They also highlight the constraints on the drafting bodies. Chapter 3: Civil Society and Judicial Power The civil society hypothesis argues that either civil society was weaker in Tunisia, or that it was unable to influence the transitional institutions, or it could not as effectively engage with the courts because of the form of constitutional review exercised by the Tunisian Constitutional Council. Civil society did engage with the courts in Tunisia, but exclusively through administrative review rather than through administrative review and constitutional review as in Egypt. Civil society was able to influence the design of the transitional institutions in Tunisia through representation in the Ben Achour Commission and through popular protest. In Egypt, civil society became increasingly co-opted by political forces over the course of the transition. The finding undermines the civil society hypothesis and sets the stage for the discussion of the Administrative Tribunal in Chapter 4. Chapter 4: The Administrative Tribunal and the Judicial Role The activity of the Tunisian Administrative Tribunal provides an illustration of the impact of ideas about the judicial role. The Administrative Tribunal was willing to rule against the Troika government. It was not willing to decide cases through which it might claim additional powers, including interim constitutional review. The Tribunal declined to decide the question of the Assembly’s mandate or to intervene in the summer 2013 crisis, when protesters called for the dissolution of the Assembly. The actions of the Tribunal are explained by ideas expressed by the judges. Moreover, these ideas reflect the experiences of the Tribunal during the Ben Ali era when the Tribunal maintained its independence by avoiding politicization. Chapter 5: The Incorporation of the Shariah and the Judicial Role in Egypt and Tunisia The chapter establishes the plausibility of a link between the constitutional status of shariah and the role of courts in transitional politics through a study of judicial politics in these two cases, especially since 2011. The context of the 2011 transitions gave courts in both countries an opportunity to claim greater powers, but the courts responded differently. The SCC’s role as an interpreter of Islamic law has increased its legitimacy and allowed it to rule against the government. Tunisia’s Personal Status Code reinforced a legal positivist ideology that favored judicial deference to the legislative and executive. Furthermore, the political imperative of protecting the Personal Status Code made secular opposition parties, and even judges, more skeptical of constitutional review. The incorporation of the shariah is an example of the mechanism linking judicial activity before 2011 to ideas about the judicial role to positions on the formal powers of courts after 2011. Chapter 6: Judicial Politics and the Supreme Constitutional Court of Egypt The chapter traces the process leading from judicial activity to ideas in Egypt. The Supreme Constitutional Court and the ordinary judiciary acted in tandem, even though, like the Tunisian judiciary, the Egyptian judiciary was initially suspicious of constitutional review. The activity of the SCC legitimized constitutional review in the eyes of ordinary judges. Judges on the SCC imported new constitutionalist ideas that modified the strict legal positivism of the Egyptian judiciary. The SCC’s rulings benefited the ordinary judiciary. The disputes surrounding the 2005 elections solidified an alliance between the ordinary judiciary and the SCC and legitimized the role of the judiciary as a political arbiter. Chapter 7: Institutional Choices, 2011-2014 The chapter outlines possible alternative designs for the courts and the broader transitional institutions and shows how considerations of the judicial role led to the rejection of these alternatives. The normative component of the judicial role influenced the drafting bodies directly, and the judicial role also acted as a guide for the drafting bodies' expectations about how courts would act during the transition. Extensive judicial powers were never an option in Tunisia because the courts would likely refuse to exercise them. Egyptian courts interpreted the formal powers granted to them by political authorities in a way that was compatible with their previous practices. At each turning point of the transition, considerations of the judicial role trumped considerations of the countermajoritarian impact of greater judicial powers. Conclusion The dissertation highlights an unusual feature
Recommended publications
  • Women's Struggle for Citizenship
    OCTOBER 2017 Women’s Struggle for Citizenship: Civil Society and Constitution Making after the Arab Uprisings JOSÉ S. VERICAT Cover Photo: Marchers on International ABOUT THE AUTHORS Women’s Day, Cairo, Egypt, March 8, 2011. Al Jazeera English. JOSÉ S. VERICAT is an Adviser at the International Peace Institute. Disclaimer: The views expressed in this paper represent those of the author Email: [email protected] and not necessarily those of the International Peace Institute. IPI welcomes consideration of a wide range of perspectives in the pursuit of ACKNOWLEDGEMENTS a well-informed debate on critical policies and issues in international The author would like to thank Mohamed Elagati and affairs. Nidhal Mekki for their useful feedback. This project would not have seen the light of day without the input of dozens IPI Publications of civil society activists from Egypt, Tunisia, and Yemen, as Adam Lupel, Vice President well as several from Libya and Syria, who believed in its Albert Trithart, Associate Editor value and selflessly invested their time and energy into it. Madeline Brennan, Assistant Production Editor To them IPI is very grateful. Within IPI, Amal al-Ashtal and Waleed al-Hariri provided vital support at different stages Suggested Citation: of the project’s execution. José S. Vericat, “Women’s Struggle for Citizenship: Civil Society and IPI owes a debt of gratitude to its many donors for their Constitution Making after the Arab generous support. In particular, IPI would like to thank the Uprisings,” New York: International governments of Finland and Norway for making this Peace Institute, October 2017. publication possible.
    [Show full text]
  • Petition To: United Nations Working
    PETITION TO: UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION Mr Mads Andenas (Norway) Mr José Guevara (Mexico) Ms Shaheen Ali (Pakistan) Mr Sètondji Adjovi (Benin) Mr Vladimir Tochilovsky (Ukraine) HUMAN RIGHTS COUNCIL UNITED NATIONS GENERAL ASSEMBLY COPY TO: UNITED NATIONS SPECIAL RAPPORTEUR ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION, MR DAVID KAYE; UNITED NATIONS SPECIAL RAPPORTEUR ON THE RIGHTS TO FREEDOM OF PEACEFUL ASSEMBLY AND OF ASSOCIATION, MR MAINA KIAI; UNITED NATIONS SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS DEFENDERS, MR MICHEL FORST. in the matter of Alaa Abd El Fattah (the “Petitioner”) v. Egypt _______________________________________ Petition for Relief Pursuant to Commission on Human Rights Resolutions 1997/50, 2000/36, 2003/31, and Human Rights Council Resolutions 6/4 and 15/1 Submitted by: Media Legal Defence Initiative Electronic Frontier Foundation The Grayston Centre 815 Eddy Street 28 Charles Square San Francisco CA 94109 London N1 6HT BASIS FOR REQUEST The Petitioner is a citizen of the Arab Republic of Egypt (“Egypt”), which acceded to the International Covenant on Civil and Political Rights (“ICCPR”) on 14 January 1982. 1 The Constitution of the Arab Republic of Egypt 2014 (the “Constitution”) states that Egypt shall be bound by the international human rights agreements, covenants and conventions it has ratified, which shall have the force of law after publication in accordance with the conditions set out in the Constitution. 2 Egypt is also bound by those principles of the Universal Declaration of Human Rights (“UDHR”) that have acquired the status of customary international law.
    [Show full text]
  • Comparative Commercial Law of Egypt and the Arabian Gulf
    Cleveland State Law Review Volume 34 Issue 1 Conference on Comparative Links between Islamic Law and the Common Law: Article 12 Cross-Cultural Interaction between Islamic Law and Other Legal Systems 1985 Comparative Commercial Law of Egypt and the Arabian Gulf Ian Edge University of London Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Commercial Law Commons, and the Comparative and Foreign Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Ian Edge, Comparative Commercial Law of Egypt and the Arabian Gulf, 34 Clev. St. L. Rev. 129 (1985-1986) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. COMPARATIVE COMMERCIAL LAW OF EGYPT AND THE ARABIAN GULF IAN EDGE* I. INTRODUCTION ........................................ 129 II. COLONIAL RULE ....................................... 130 A. Ottoman Turkey .................................. 131 B . Egypt ............................................ 131 III. POST SECOND WORLD WAR TO 1970 ..................... 132 IV. THE DECADE OF 1970 To 1980 .......................... 134 V. FROM 1980 TO PRESENT ................................ 136 VI. MODERNIZATION OF LAW IN THE ARABIAN GULF .......... 138 A. Practice of Law ................................... 138 B . Legislation ......................................
    [Show full text]
  • Egypt and Its Laws, Edited by Natalie Bernard-Maugiron and Baudouin Dupret
    Egypt and its Laws, edited by Natalie Bernard-Maugiron and Baudouin Dupret (Assis- tant Editor Wael Rady), Kluwer Law International (Arab and Islamic Laws Series), 2002 This book, Volume 22 in the Arab and Islamic Laws Series (Series General Editor Dr Mark S. W Hoyle), published by Kluwer Law International, is an interesting collec- tion of material, enabling the reader either to dip into well-researched chapters as the fancy takes him or her, or to sit down and read through chapter by chapter, thus es- tablishing a sound basis for understanding the approach of modern Egyptian law. Given the importance of Egypt at the centre of the development and implementa- tion of legal development in the Arab world, it is hardly surprising that different authors have views of their own. The introduction (by the editors), dealing as it does with a gen- eral presentation of law and judicial bodies, has a short historical excursus into the back- ground of the present Egyptian court structure and, of course, we immediately come to one of the occasional issues in a historical analysis of Egypt, the true status of the Mixed Courts. This reviewer must immediately declare an interest, having completed his doctorate on the Mixed Courts and being a supporter of their contribution to Egypt- ian law. The statement that the mabakim wataniyya were established for Egyptian na- tionals requires qualification. Egypt had, in 1883, a curious status within the Ottoman Empire; able to reform (at a price) its own laws, but still, and despite the British Oc- cupation of 1882, nominally a part of the Ottoman Empire.
    [Show full text]
  • Playing with Fire. the Muslim Brotherhood and the Egyptian
    Playing with Fire.The Muslim Brotherhood and the Egyptian Leviathan Daniela Pioppi After the fall of Mubarak, the Muslim Brotherhood (MB) decided to act as a stabilising force, to abandon the street and to lend democratic legiti- macy to the political process designed by the army. The outcome of this strategy was that the MB was first ‘burned’ politically and then harshly repressed after having exhausted its stabilising role. The main mistakes the Brothers made were, first, to turn their back on several opportunities to spearhead the revolt by leading popular forces and, second, to keep their strategy for change gradualist and conservative, seeking compromises with parts of the former regime even though the turmoil and expectations in the country required a much bolder strategy. Keywords: Egypt, Muslim Brotherhood, Supreme Council of the Armed Forces, Arab Spring This article aims to analyse and evaluate the post-Mubarak politics of the Muslim Brotherhood (MB) in an attempt to explain its swift political parable from the heights of power to one of the worst waves of repression in the movement’s history. In order to do so, the analysis will start with the period before the ‘25th of January Revolution’. This is because current events cannot be correctly under- stood without moving beyond formal politics to the structural evolution of the Egyptian system of power before and after the 2011 uprising. In the second and third parts of this article, Egypt’s still unfinished ‘post-revolutionary’ political tran- sition is then examined. It is divided into two parts: 1) the Supreme Council of the Armed Forces (SCAF)-led phase from February 2011 up to the presidential elections in summer 2012; and 2) the MB-led phase that ended with the military takeover in July 2013 and the ensuing violent crackdown on the Brotherhood.
    [Show full text]
  • The Most Prominent Violations of Press and Media Freedom in Egypt During 2017
    Annual Report on: Freedom of Press and Media in Egypt 2017 Annual on: Freedom of PRreses apndo Merdtia in Egypt 2017 Conducted by Ahmed Abo Elmagd Reviewed by Ahmed Ragab Cover designed by Ahmed Sobhy Published year 2017 Annual Report on: Freedom of Press and Media in Egypt 2017 The Egyptian Center for Public Policy Studies (ECPPS) is a non-governmental, non- party and non-profit organization .It is mission is to propose public policies that aim at reforming the Egyptian legal and economic systems. ECPPS’s goal is to enhance the principles of free market, individual freedom and the rule of law. The Egyptian Center for Public Policy Studies (ECPPS) 1 Annual Report on: Freedom of Press and Media in Egypt 2017 In 2017, the Egyptian Center for Public Policies Studies issues a monthly monitoring to measure (Legislative climate, political climate, economic climate, media performance and civil society role) in regard to freedom of media and journalism in Egypt, in trying to stand on events, changes, violations which happen and effect on media and journalism statement in Egypt. The Egyptian Center for Public Policies Studies held general interviews and conferences with the participation of many parties and different entities (members of Parliament, members of Press Syndicate, researchers and members of media and journalism councils) just to review, present important events and actors observed over the year. This report includes an “annual detailed report for the statement of media and journalism in Egypt in 2017”. Important events and changes which affected negatively or positively in the climate of freedom of press and media work in Egypt in 2017 in addition to precise recommendations for decision makers based on these events and changes to improve the climate of media and journalism in Egypt.
    [Show full text]
  • Al-Sanhuri and Islamic
    Al-Sanhuri and Islamic Law: The Place and Significance of Islamic Law in the Life and Work of 'Abd al-Razzaq Ahmad al-Sanhuri, Egyptian Jurist and Scholar, 1895-1971 [Part II] Author(s): Enid Hill Source: Arab Law Quarterly, Vol. 3, No. 2 (May, 1988), pp. 182-218 Published by: BRILL Stable URL: http://www.jstor.org/stable/3381872 . Accessed: 19/09/2013 09:50 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. BRILL is collaborating with JSTOR to digitize, preserve and extend access to Arab Law Quarterly. http://www.jstor.org This content downloaded from 128.111.121.42 on Thu, 19 Sep 2013 09:50:31 AM All use subject to JSTOR Terms and Conditions AL-SANHURI AND ISLAMIC LAW The Place and Significanceof IslamicLaw in the Life and Workof Abd al- RazzagAhmad al-Sanhuri Egyptian Jurist and Scholar18991971*t EnidHill: VII. THE NEW EGYPTIAN CIVIL CODE I)rafting,Opposition and Consensus A committee to revisethe EgyptianCivil Code was formedin March1936, and al- Sanhuriwas appointedto it. The ostensiblereason for establishingthe committeewas recognitionof the necessityof unifying and accordinglyrevising- the two existing civil codesin anticipationof the end of the MixedCourts in 1949and theirabsorption into one nationalcourt syseem.
    [Show full text]
  • Annotated Bibliography Primary Sources Kirkpatrick, David D. "Moderate Islamist Party Heads Toward Victory in Tunisia."
    Annotated Bibliography Primary Sources Kirkpatrick, David D. "Moderate Islamist Party Heads toward Victory in Tunisia." NY Times, ​ ​ New York Times, 24 Oct. 2011, www.nytimes.com/2011/10/25/world/africa/ennahda-moderate-islamic-party-makes-stro ng-showing-in-tunisia-vote.html. Accessed 8 Jan. 2020. This article was especially helpful for information about the results of Tunisia's election. It mentioned how the modern Islamic group is very proud that they managed to win control of a country using fair elections. This article is trustworthy because it was published by the New York Times, which is a mainstream source that has minimal bias. "Report: 338 Killed during Tunisia Revolution." AP News, 12 May 2012, ​ ​ apnews.com/f91b86df98c34fb3abedc3d2e8accbcf. Accessed 14 Feb. 2020. I used this source to find more specific numbers for the deaths and injuries that happened due to the Tunisian Arab Spring. This article was issued by AP News which is considered to have accurate news and minimal bias. Ritfai, Ryan. "Timeline: Tunisia's Uprising." Al-jazeera, 23 Jan. 2011, ​ ​ www.aljazeera.com/indepth/spotlight/tunisia/2011/01/201114142223827361.html. Accessed 14 Feb. 2020. I used this source to affirm descriptive details such as the exact dates for important events. Al-Jazeera published this article and is considered accurate, liable, and unbiased. Ryan, Yasmine. "The Tragic Life of a Street Vendor." Al-jazeera, ​ ​ www.aljazeera.com/indepth/features/2011/01/201111684242518839.html. Accessed 6 Ahmad 1 Feb. 2020. I used this source to find out if Ben Ali visited Bouazizi in the hospital. This article was published by Al-Jazeera which is a fact reporting and unbiased source.
    [Show full text]
  • Master Thesis
    MEASURES BY THE EGYPTIAN GOVERNMENT TO COUNTER THE EXPLOITATION OF (SOCIAL) MEDIA - FACEBOOK AND AL JAZEERA Master Thesis Name: Rajko Smaak Student number: S1441582 Study: Master Crisis and Security Management Date: January 13, 2016 The Hague, The Netherlands Master Thesis: Measures by the Egyptian government to counter the exploitation of (social) media II Leiden University CAPSTONE PROJECT ‘FREEDOM OF EXPRESSION VERSUS FREEDOM FROM INTIMIDATION MEASURES BY THE EGYPTIAN GOVERNMENT TO COUNTER THE EXPLOITATION OF (SOCIAL) MEDIA - FACEBOOK AND AL JAZEERA BY Rajko Smaak S1441582 MASTER THESIS Submitted in partial fulfilment of the requirements for the degree of Master of Science in Crisis and Security Management at Leiden University, The Hague Campus. January 13, 2016 Leiden, The Netherlands Adviser: Prof. em. Alex P. Schmid Second reader: Dhr. Prof. dr. Edwin Bakker Master Thesis: Measures by the Egyptian government to counter the exploitation of (social) media III Leiden University Master Thesis: Measures by the Egyptian government to counter the exploitation of (social) media IV Leiden University Abstract During the Arab uprisings in 2011, social media played a key role in ousting various regimes in the Middle East and North Africa region. Particularly, social media channel Facebook and TV broadcast Al Jazeera played a major role in ousting Hosni Mubarak, former president of Egypt. Social media channels eases the ability for people to express, formulate, send and perceive messages on political issues. However, some countries demonstrate to react in various forms of direct and indirect control of these media outlets. Whether initiated through regulations or punitive and repressive measures such as imprisonment and censorship of media channels.
    [Show full text]
  • New Trends in Constitution-Making: the Cases of Tunisia and Egypt
    Department of Political Science Chair: Comparative Public Law New trends in Constitution-Making: the cases of Tunisia and Egypt Supervisor Professor Cristina Fasone Candidate Kristina Gumroian Student Reg.N.632772 Co- Supervisor Professor Francesca Maria Corrao Academic Year: 2017/2018 Table of contents 1 Introduction .............................................................................................................. 4 2 Constitutions as drivers for the democratic development of societies ..................... 9 2.1 Constitutional waves in modern states ............................................................. 10 2.2 Basic constitutional models ............................................................................. 15 2.3 Constituent power and the legitimacy of constitution-making ........................ 21 2.3.1 Introduction into the concept of constituent power .................................. 21 2.3.2 Constituent power in the Constitutional thought ...................................... 24 2.4 Transitional Constitutionalism ......................................................................... 26 2.4.1 Transition and the Constitutional moment ............................................... 26 2.4.2 The Backward- and the Forward-Looking Constitution........................... 28 2.5 Introduction into Constitutionalism in Islamic World ..................................... 30 3 The Arab Spring in the context of the Arab World ................................................ 41 3.1 A historical overview of the
    [Show full text]
  • Political Transition in Tunisia
    Political Transition in Tunisia Alexis Arieff Analyst in African Affairs April 15, 2011 Congressional Research Service 7-5700 www.crs.gov RS21666 CRS Report for Congress Prepared for Members and Committees of Congress Political Transition in Tunisia Summary On January 14, 2011, President Zine El Abidine Ben Ali fled the country for Saudi Arabia following weeks of mounting anti-government protests. Tunisia’s mass popular uprising, dubbed the “Jasmine Revolution,” appears to have added momentum to anti-government and pro-reform sentiment in other countries across the region, and some policy makers view Tunisia as an important “test case” for democratic transitions elsewhere in the Middle East. Ben Ali’s departure was greeted by widespread euphoria within Tunisia. However, political instability, economic crisis, and insecurity are continuing challenges. On February 27, amid a resurgence in anti-government demonstrations, Prime Minister Mohamed Ghannouchi (a holdover from Ben Ali’s administration) stepped down and was replaced by Béji Caïd Essebsi, an elder statesman from the administration of the late founding President Habib Bourguiba. On March 3, the interim government announced a new transition “road map” that would entail the election on July 24 of a “National Constituent Assembly.” The Assembly would, in turn, be charged with promulgating a new constitution ahead of expected presidential and parliamentary elections, which have not been scheduled. The protest movement has greeted the road map as a victory, but many questions remain concerning its implementation. Until January, Ben Ali and his Constitutional Democratic Rally (RCD) party exerted near-total control over parliament, state and local governments, and most political activity.
    [Show full text]
  • Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt
    Final Report of the Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt Final Report Waging Peace. Fighting Disease. Building Hope. The Carter Center strives to relieve suffering by advancing peace and health worldwide; it seeks to prevent and resolve conflicts, enhance freedom and democracy, and protect and promote human rights worldwide. Final Report of the Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt Final Report One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5188 Fax (404) 420-5196 www.cartercenter.org The Carter Center Contents Executive Summary .........................2 Media Environment ........................52 Quick Facts About the 2011–2012 Parliamentary Civil Society ..............................54 Elections in Egypt...........................5 The Role of CSOs in Witnessing the Elections ...54 Historical and Political Background ............6 The Role of CSOs in Providing Voter The Uprising .........................6 Education and Information ..................57 Aftermath: An Unstable Transition ............8 The Role of CSOs as Advocates ..............57 The March 2011 Constitutional Referendum .....9 Electoral Dispute Resolution.................58 Mismanagement and New Political Forces ......10 Consolidating and Clarifying the Electoral Complaints Process ................58 The Carter Center in Egypt .................12 Untimely Disruption of the Electoral Observation Methodology ................13 Process Through the Courts .................59
    [Show full text]