The Intellectual Basis and Concept of Freedom and Good Governance

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 sur- vey 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 ne- gotiations 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