Monday, August 22, 2011

UAE: To Enforce 'Rule Of Law', The Law Must First Be Defined

A new survey has revealed that the United Arab Emirates (UAE)'s public institutions are among the most well-developed and corruption-free in the world. But increased clarity on regulation would attract more foreign investors.
By Diana Hamade
The UAE (United Arab Emirates) ranks first in the Middle East and North Africa, and 13th in the world, in adherence to the rule of law, according to the recently released World Justice Project (WJP) rankings.
The 2011 Rule of Law Index, covering 66 countries, makes a number of conclusions but says public institutions in the UAE are for the most part well developed and corruption-free, and government officers are held accountable for misconduct.
But in another new report on the UAE, the Arab Centre for the Development of the Rule of Law and Integrity (ACRLI) finds that several legal hurdles still deter investors from considering the UAE as their ultimate business hub. Among these are the lack of regulations in certain crucial fields such as labour, alternative dispute resolution and immigration.
These differing interpretations of the UAE's legal climate add to the unpredictability of legal interpretations and raise a number of questions: first and foremost, how will the nation respond?
But the conclusions may also be related to a more fundamental issue, namely, ambiguity in the use of the term "rule of law" among legal scholars.
To understand why we must first consider the history of the legal concept.
The distinguished British judge and scholar Tom Bingham wrote the 2010 book The Rule Of Law because, he said, while "the expression was constantly on people's lips" its meaning was poorly understood and misconstrued.
The "rule of law" concept is traced originally to Aristotle, who said it is better for the law to rule than any of the citizens. But credit for coining the term is usually given to professor AV Dicey of Oxford, who used it first in 1885.
Dicey said "rule of law" is the principle that no one is above the law. The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted. More, it is enforced in accordance with established procedural steps known as due process, the constitution and the constitutionality of all laws.
Mr Bingham adopted a rather broad definition, insisting that the rule of law has many essential components, including legal certainty, equality and fairness.
In his reading, certainty meant that laws must be applied in a precise and predictable manner. Equality implied that all cases which are alike should be treated the same, a notion which protects every citizen from unjust discrimination by the state, including discrimination based on ethnicity, sexual identity and religious views. And fairness required that laws must be published for each citizen to see, to prevent unfair discrimination and uneven enforcement.
But the question arises, what if such a definition is too loosely stretched? Does "rule of law" mean that the law must afford adequate protection of fundamental human rights at all times in all places?
A so-called narrow definition of the rule of law was promulgated by Joseph Raz of Oxford. He argued that a non-democratic legal system, based on the denial of human rights, conforms to the requirements of rule of law better than any of the legal systems of the most democratised systems in the world.
It is not difficult to notice that in this narrow definition, civil liberties have no place. Rather, the essence of this definition is adherence by the state to its own laws.
These two opposite definitions of the same concept can not easily be merged to form a fair and just definition. That said, most experts do prefer a definition that includes inclusions of democratisation, respect of human rights and civil liberties, and good governance.
The UAE ranking in the World Justice Project index is a triumph to the country's legislative and regulatory authorities, yet it seems that the project's index parameters used the narrow definition rather than the broad one. As such, the UAE's legal system could benefit from using the wider definition, which in turn could provide the much needed confidence in that nation's markets that long-term investors seek.
Economic development can occur in societies where the thin version of the rule of law exists. But deep-rooted and robust economies such as the UAE's depend on clear laws and a strong, independent impartial judiciary so that citizens, institutions and foreign investors can be free from arbitrary forces which only the wider and thicker definition can uphold.
Thick or thin, the rule of law enables people the opportunity to fulfil their dreams, individually and collectively.
But the first step is to define it. The challenge then is to maintain it and to widen its scope and reach.
-This commentary was published in The National on 22/08/2011
-Diana Hamade is an Emirati lawyer and legal consultant. She is the founder of International Advocate Legal Services in Dubai

The Experience Of Alternation In Morocco

By Mohammad el-Ashab
The ongoing debate in Morocco regarding who will be the prime minister following the elections, reflects the extent to which ‘al-Tanawoub’ [Alternation] in Morocco, or the peaceful rotation of power, may become a reality without spilling blood, ending lives, and destroying buildings. No matter what the flaws of any nascent democracy may be, the latter is still better than the unknown.
At the end of the last decade of the twentieth century, the tenacious opposition figure Abdel-Rahman al-Yousefi, finally shook hands with the late King Al-Hassan II. They since agreed on reviving a historic agreement and overcoming the mistakes of the fierce clash between the Palace and the opposition, in the course of which no weapons had been spared. All sides had by then exhausted all the roles that they have had faith in, and opted instead to sit around the dialogue table with a view to rescue the country.
This event by itself was the equivalent of a quiet revolution in concepts, convictions, and choices. The dynamics of that moment resulted in swapping the language of conflict with that of accord. Thus, there were no more obstacles preventing the Palace to open up to the opposition, or the latter from bearing responsibility, instead of merely continuing to protest without end. Chance had it that rapprochement was required by all means.
Nothing major happened that would cause a radical change in the life of the Moroccans all at once, in light of the dire outcomes of the economic crisis and the decades of estrangement. Instead, what transpired was that the wager on change transformed into numbers and issues, in the equation of reality that requires a plethora of reforms that match the aspirations.
Moreover, the Moroccans had indeed tried new forms of governance by the opposition, of which several factions experienced what it was like to be in power. Meanwhile, instead of adopting bellicose positions, many parties and trade unions chose to wager on the state, its resources, and its ability to tend to the most sensitive and controversial issues. The result was that the transition of official posts was tantamount to a new school in progression, prudence, and respect for balances and equilibriums.
The most important element of this experience is that the concerns spurred by the portrayal of the opposition’s ascent as a major coup, a claim peddled by certain lobbies that oppose the principle of change – had disappeared as new elites came to power. Adapting with this transformation was less worrisome because realistic policies were adopted, policies that the public hoped would be bolder in touching on the sources of structural economic and social problems. In truth, it is for this reason that some opposition factions were punished in the ballot boxes in previous election rounds.
Above and beyond all this, the political scene in Morocco – as the latter is now on the verge of early legislative elections – seems to be able to accommodate any positive change. Alternation – which the Moroccans like to describe as merry – has confirmed the fact that opening up to the opposition carries no threats and that it is rather the opposite of this that is engenders real fears. This is because the logic of Alternation contradicts exclusion and the monopolization of power. And in order to implement that, the desires of the voters must be respected as expressed through ballot boxes, while these should enjoy the guarantees of being free, fair, and transparent.
Practically speaking, it was out of the question that Alternation would gain support from a parliamentary majority, without the inclusion of parties affiliated to previous pre-Alternation governments. And although the logic of numbers imposed this alliance, this situation did not help many parties in becoming seasoned in opposition roles, except for the “Justice and Development” party, which benefited greatly from the nature of the alliances that cleared the opposition platform of other effective actors. It was only natural that the ascent of the former opposition to government – which was a positive first – would come in conjunction with another development: that of allowing an Islamic party to operate in the framework of democratic legitimacy. This is despite the fact that the “Justice and Development” party had realized the negative connotations of its ties to religious authorities, and proclaimed that it is merely a political party that abides by the laws that regulate political parties. This development was taken to be a major transformation that swept the rug from under the party’s opponents’ feet, opponents who see it as a “terrifying Islamic danger.”
Now, it seems that there will be a second round of political normalization, which would open up to all the various elements. The new constitution clearly states that the prime minister is to be selected by the winning party. It did not define the majority or the bloc that can rally the required majority. This means that the first step to success shall be determined through the voting ballots, in order to select the party that will form the cabinet. As to the details of the alliances, these are left to the equations of the majority and the opposition in a clash that has already started, and of which outcome no one can predict, save for the assertion that this is a bolder version of Alternation, with the hope that the country will move beyond the transitional phase that has dragged on for such a long time.
This commentary was published in al-Hayat on 21/08/2011

Sunday, August 21, 2011

Time To End Nato's War In Libya

Whether Gaddafi goes or not, this costly intervention has thwarted peace talks and betrayed its 'humanitarian' mission
By Dennis Kucinich
Nurse at the hosptial in Misrata in Libya looks at a boy injured in the fighting
   Nurse at the hosptial in Misrata in Libya looks at a boy injured in the fighting, July 2011. Photograph: Irina   Kalashnikova
In March of this year, the US, France, Britain and their North Atlantic Treaty Organisation (Nato) allies launched military operations in Libya under the guise of a "humanitarian intervention". US diplomats and world leaders carelessly voiced unsubstantiated claims of an impending massacre in Benghazi. You hear no such appeals to humanity while Nato, in the name of the rebels (whoever they are), prepares to lay siege to Tripoli, a city of nearly 2 million people.
Libyan rebels are now advancing on the capital city of Tripoli with the aid of Nato strikes; this is sure to result in a real bloodbath, as opposed to the one that was conjured in Benghazi this past winter. Nato is assisting rebels who are blocking food, water and medical supplies from coming into the capital city, and is stopping those who need advanced medical care from travelling to Tunisia to access it. Nato is bombing power stations, creating blackouts, and using Apache helicopters to attack Libyan police checkpoints to clear roads for rebels to advance.
Regardless of whether Muammar Gaddafi is ousted in coming days, the war against Libya has seen countless violations of United Nations security council resolutions (UNSCRs) by Nato and UN member states. The funnelling of weapons (now being air-dropped) to Libyan rebels was, from the beginning of the conflict, in clear violation of UNSCR 1970. The use of military force on behalf of the rebels, in an attempt to impose regime change, has undermined international law and damaged the credibility of the United Nations. Countless innocent civilians have been killed, and Nato air strikes continue to place many at great risk.
So much for the humanitarian-inspired UNSCR 1973 as a means to protect civilians. The people of Libya cannot take another month of such humanitarian intervention.
The leading donor nations of Nato – the US, France and Great Britain – have been free to prosecute war under the cloak of this faceless, bureaucratic, alphabet security agency, now multinational war machine, which can violate UN resolutions and kill innocent civilians with impunity. War crimes trials are only for losers. The prospective conquerors, the western powers and their rebel proxies, will then expect to be able to assert control over Libya's vast oil and natural gas reserves.
The US share of the war against Libya has probably exceeded the $1bn mark. This extraordinary amount of money for an intervention that Americans were told would last "days not weeks" could only be explained by looking at the war as an investment, and at control over Libya's wealth as an opportunity to make a return on that investment. Cynical? Then tell me why else we are at war in Libya.
Viable peace proposals, such as the one put forward by the African Union (AU), have been quickly and summarily rejected. If there is going to be a peaceful resolution of the conflict, the US must work with and empower the AU to ensure regional security. The AU has proposed a peace plan that would facilitate an immediate ceasefire, the unhindered delivery of humanitarian aid, a dialogue between the Transitional National Council and the Gaddafi government, and the suspension of Nato strikes.
The use of force and ultimatums has not worked. As the war enters its sixth month, it is time for the US president and secretary of state to clean up the mess they've created with this needless military intervention, and to work to seriously to bring about a negotiated end to this war.
In June, I proposed a peace plan (pdf) derived in part from the efforts of the AU. This plan calls for an immediate ceasefire and lays out the principles necessary to create a framework to achieve reconciliation and national unity in Libya by a meaningful process. In its June report on Libya, the International Crisis Group stated:
"A political breakthrough is by far the best way out of the costly situation created by the military impasse. This will require a ceasefire between the regime and the Transitional National Council, the deployment of a peacekeeping force to monitor and guarantee this under a UN mandate, and the immediate opening of serious negotiations between regime and opposition representatives to secure agreement on a peaceful transition to a new, more legitimate political order. Nato and those states supporting its military action should facilitate this development, not hinder it."
I have recently received several reports indicating that a settlement was close, only to be scuttled by state department officials. Given that the department of state seems to have taken a singular role in launching the US into this war, it is more than disconcerting to hear that the same agency has played a role in frustrating a resolution to this conflict. There are viable solutions to peacefully end the conflict, if there is a desire to do so.
Continued military action promotes a cycle of violence that will persist whether Colonel Gaddafi is ousted or not. On 19 March 2003, the United States pursued regime change in Iraq. Eight years later, we're still wondering why the people of Iraq are not sufficiently grateful for our intervention, which has resulted in the death of over 1 million of their fellow countrymen and women.
How can we expect this grim manifesto of interventionism to ever result in anything but tragedy? It's time to end the war against Libya.
-This commentary was published in The Guardian on 21/08/2011- Dennis Kucinich is the Democratic House representative for Ohio's 10th district. A former mayor of Cleveland and Ohio state senator, Dennis has served seven terms as congressman for Ohio and in November 2010 was elected to serve an eighth

What Makes A Dictator Pack His Bags?

We all want to see Gaddafi and Assad face their just deserts, but politicians have to reconcile justice with pragmatism
By David Owen
When the Arab Spring started in Tunisia last December and quickly spread to Egypt, it was predictable that the greatest political and military challenge for Europe would come from Libya. Colonel Gaddafi's long record of support for terrorism and brutality against his own people had, for six years, been masked by an apparent readiness to abandon both terrorism and a nuclear weapons programme. But by March 2011, the grotesque language of Gaddafi's son Saif threatening to destroy Benghazi, Libya's second largest city, confirmed the regime had no intention of changing.
Following a specific Arab League request, and French and British resolve, a no-fly zone over Libya was authorised by the Security Council. It is of long-term importance that China and Russia did not block the resolution and that the US wanted to be supportive but not take a lead role.
The German government and other EU dissenters from military action against Libya, should answer this: if we had let Gaddafi and his sons take Benghazi, what would have happened in Syria? Would the Syrian people still be fighting President Bashar Assad and his brother? Would Turkey be contemplating taking action against Assad? By a cruel coincidence of timing, just when the patience of the Turkish government was running out with the Assads, the upheaval in the Turkish military has been a huge distraction. Yet Turkey is the one country in the region capable of acting to stop the present Syrian slaughter. Israel wisely stays out of the conflict. The US rightly fears being blamed for exacerbating present tensions in Lebanon and provoking Hezbollah. Nevertheless, President Obama's decision last week to freeze Syrian assets and ban petroleum products is an important new pressure on Assad.
Overall, the implementation by Nato of the Libya no-fly zone has been a success, helping the liberation forces in the last few days to virtually control Zawiya close to Tripoli. But the price of UN-authorised intervention has been a strictly controlled and limited military operation and political intervention designed to necessitate negotiations between the Libyans.
This new form of constrained interventionism has been the inevitable consequence of US and UK failure in Iraq. It is something that China and Russia is likely in future to insist on to guide the "responsibility to protect" interpretation of the UN Charter agreed by the heads of government summit of 2005. Experience has also taught that forcefully removing despotic leaders is fraught with difficulty. The world has, however, designed a new legal mechanism for intervention. During the war in Bosnia, Cyrus Vance and I recommended that the Security Council should establish the International Criminal Tribunal for the former Yugoslavia (ICTY). President Milosevic was tried by this tribunal, but died or committed suicide before sentencing.
Tragically, the ICTY, established in 1993, did not prevent the genocide in Srebrenica in 1995. The big legal breakthrough came with the decision to bypass Security Council vetoes with a multinational treaty to establish an International Criminal Court (ICC). This Rome Statute came into force on 1 July 2002, and 116 states are ICC members. A further 34 countries, including Russia, have signed but not ratified. Israel and Sudan unsigned, as did the US under George W Bush, though the Obama administration is working with the court. China and India have neither signed nor ratified.
The ICC remains controversial. President al-Bashir of Sudan has already been indicted, but the African Union (AU) does not believe he should be sent to trial for crimes committed in Darfur and instead should be allowed to get on with the difficult task of dividing Sudan, as agreed in the recent referendum. There is also criticism within the AU that the indictment of Gaddafi makes it harder to persuade him to leave the country.
In Africa, it is widely believed that the readiness of Saudi Arabia to take President Idi Amin of Uganda in 1979 helped ease transition there. As Foreign Secretary, I was closely involved in aiding Tanzania to intervene militarily to oust Amin and have no doubt that he would have fought harder had he not been given sanctuary.
I do not believe, however, that Gaddafi has stayed in Libya just because of the ICC. This is a man of abnormal personality, whose conduct is totally unpredictable. If the Libyan negotiators representing all sections currently meeting in Tunisia decide to defy the ICC ruling and allow him to remain within their country and avoid trial – Libya is not a signatory to the statute creating the ICC – they can. That reality is not an ignominious defeat, as some claim. Until a successful negotiation is achieved among all Libyans, Nato must persist in helping the liberation forces fight the Gaddafi regime.
What happens in Tripoli always has a bearing on decision-making in Damascus. Is Gaddafi going to get away with it? There is a case for the Security Council referring the situation in Syria to the ICC. But, as in Libya, the endgame will likely be negotiations of enemies having to be reconciled. Negotiations are playing a role in Bahrain. In Iran, the only country likely to harbour the Assads, the unreconcilable among its leadership look for opportunities to exploit situations that will make the Arab Spring peter out. Iran has no interest in demonstrations for greater human rights succeeding – let alone bringing about a change of government in any Arab country which its leaders work with, particularly Syria.
This all combines to making it fundamental that Gaddafi loses power soon in Libya. The Bush-Blair days of unbridled intervention are over. Not only states but people demand respect for international law and proportionate use of military might. As Libya has shown, such constrained intervention takes patience and necessitates new mechanisms.
First and foremost, we need to see the establishment of an effective UN Rapid Reaction Force. It should be made up predominantly of forces provided by Security Council members, be well equipped and well trained. Britain and France should give the lead and commit jointly to providing from one or other's navy an aircraft carrier, if appropriate, to support the Rapid Reaction Force. The UK senior military, too cautious for action, got Libya wrong, as it got Afghanistan wrong by being too gung-ho about defeating the Taliban. Constrained intervention is the future global role for Britain's armed services.
Eventually the ICC statutes should be renegotiated to win the full-hearted support of the US, Russia, China and India, maybe bringing the court within the auspices of the UN, with some arrangement to overcome the fear of the veto power in the Security Council. And it must be given the flexibility required to judge between the sometimes conflicting priority of reconciliation or absolute justice.
-This commentary was published in The Independent On Sunday on 21/08/2011
-David Owen was British Foreign Secretary from 1977-1979

Jordan Goes Morocco

By Sean Yom
  Protest in Aman
Jordan unveiled a package of constitutional amendments last Sunday which offered the most drastic overhaul of the 1952 constitution ever proposed. King Abdullah promised these revisions on June 12 in a surprising televised speech. The new push came in response to five months of increasingly strident protests and criticism, and seemed designed to emulate the constitutional reform gambit of Morocco's King Mohammed VI.
Many Jordanians were stunned by the explicit promise in June of a future system that would draw governing cabinets from the elected parliament rather than appointment by palace fiat. The idea of constitutional monarchy, which entails divesting absolute royal power to the legislature alongside other sweeping institutional changes, captivated the political salons, business magazines, and civic debates of Amman through July. Many intellectuals compared the excitement in the air to 1989, when King Hussein began to end decades of authoritarian closure through unprecedented political reforms.
The revisions unveiled on Sunday made some serious changes, but fell far short of that promise of elected governments. Unlike in Morocco, there will be no popular referendum. The reforms do not curb the king's core powers or move toward a constitutional monarchy in which he would reign but not rule. The election and parties law, unchecked security services, and rife corruption go untouched. Economic development outside Amman remains laggard. Will such a limited reform gambit be enough to blunt popular pressure on the embattled king?
The royal committee tasked with revising the constitution -- a 10-person panel loaded with former prime ministers and legal luminaries -- predictably did not ask the Hashemite dynasty to surrender its absolutist crown. The 42 amendments do recommend meaningful changes, such as establishing a constitutional court, ensuring independent oversight of elections, limiting the dreaded security courts, and reaffirming protections of expressive freedom. The reforms mostly ignore the monarchy's lopsided executive supremacy that lies at the heart of Jordanian autocracy. Further, unlike Morocco's recent example, the amendments will not face popular referendum.
Many Jordanians noted the subtle shift within official discourse from malakiyyah destouriyyah, or constitutional monarchy, to islah destouri, or constitutional reform -- a maneuver that symbolized the unwillingness of the monarchy to distance itself from executive affairs. True, the king can no longer postpone elections indefinitely following parliamentary dissolution. Yet his imperative alone, rather than an elected majority, still determines the prime minister, and by extension a governing cabinet that will initiate laws and disburse the budget. Foreign relations remain under the purview of the palace, not parliament. Likewise, intact is the pervasive but shadowy role of the formidable mukhabarat, the General Intelligence Directorate, whom many critics accuse of infiltrating civil society, monitoring university students, and disproportionately influencing royal opinion -- all while standing above legal reproach.
Reactions have been mixed. Marouf al-Bakhit's Cabinet has loudly lauded these steps as historic, and Britain and France were among the first Western voices to applaud the move. In the middle ground stood many cautious optimists, who saw a tentative opening to a long-term reform program that will require sustained commitment, unlike the ill-fated 2005 National Agenda. Meanwhile, the Muslim Brotherhood's Islamic Action Front and many liberal elites were unimpressed and demanded more concessions. The Brotherhood has already promised to organize more protest marches. Youth activists and bloggers have been most critical; their deep distrust of public officials stems from witnessing a decade's worth of empty promises. Some grumble that an independent Palestine seems more likely than a democratic Jordan.
Nobody is under any illusions that these reforms are an entrée to real democratization. The amendments have all the hallmarks of controlled liberalization, giving just enough political leeway to blunt popular grumbling while preserving the monarchy's authoritarian prerogative to dictate the terms of future policymaking. Yet what is more, too much talk of constitutionalism will mask other systemic issues that have fueled public frustration since last fall. If these are not also addressed, even successful promulgation of the amendments may fail to foreclose the kind of social tensions and urban violence that briefly exploded in late March and again this past July.
Critics of the revisions point to a number of similar more fundamental demands. Their first priority is improving the electoral and political parties laws, which produce conservative parliaments that consistently under represent the Palestinian majority and are dominated by service deputies and tribal figures. Last November's elections for the Lower House were typical: real voter turnout was less than the official 53 percent, the contest suffered an Islamist boycott, and a complex virtual sub-districting method confused voters while eviscerating competition in many general districts. Public anger hastened the fall of the Samir al-Rifai's cabinet months later; afterward, the king charged a 52-member National Dialogue Committee to review both laws. Their initial recommendations turned heads by advising the adoption of party-list proportional representation in place of the existing one-person, one-vote system.
Yet there are two catches, both of which could sabotage this initiative. First, only 15 percent of seats would be distributed at the national level. The rest would be allocated to the governorates, an absurd ratio given the key goal of encouraging unifying party movements rather than perpetuating fragmented voting predicated along tribal, kinship, and service-oriented lines. Second, such changes must be ratified by a current parliament whose members would not likely return under the new system. Many observers do not believe that the legislature will endorse these reforms. Such low confidence may account for the puzzling fact that more than 70 percent of Jordanians desire constitutional reform -- but 40 percent disdain the idea that their legislature should take responsibility for creating competent governments.
Second, public anger persists around widespread corruption, which concerns not only the letter but the implementation of law. Few personalities ignite as much outrage as Khalid Shaheen, an imprisoned businessman who secured government permission to seek medical care abroad in late February. Though his subsequent flight triggered the resignation of two ministers, for many Shahin-Gate represented the ultimate failure of state accountability: one of the kingdom's wealthiest businessmen had exploited his cobweb of political capital, including rumored connections with the queen, to escape punishment for massive bribery. Jordanian officials secured Shahin's return from Germany this week, but perpetual stories of official corruption involving sordid deals between parliamentarians, ministers, and financiers continue to alienate the urban public, whether Palestinian or East Bank. Casino-Gate is another case in point, and involves alleged payoffs and legal violations committed by Prime Minister Bakhit's first government in 2007 for a cancelled casino project on the Dead Sea. Though many Jordanians hold Bakhit responsible for the scandal -- including, notably, many of his fellow tribal Jordanians -- the sole result of a June parliamentary inquiry was the indictment of the Minister of Tourism.  The Anti-Corruption Commission and other state agencies must make more progress in uncovering and prosecuting such cases, lest the remainder of their credibility fade -- and by implication, drag the King's image with it.
Third, a new protest movement is emerging in the southern towns of Jordan, far from the Amman spotlight and with very different demands. While the Western press has documented the weekly marches involving thousands of Islamists, leftist parties, and professional syndicates in the capital, a different kind of dissatisfaction has rumbled elsewhere in the country. From tribal towns like Tafileh and Karak to the 32 nationally designated "poverty pockets," Palestinians and East Bankers alike evince little patience for constitutional deliberation. Concrete reform in these communities means bread and jobs, but headlines of grotesque corruption -- and new multi-billion dollar Star Trek amusement parks built to please wealthy tourists -- painfully display their marginal status in the privatizing economy.
Unrest in tribal communities has far more resonance than within Amman given their historic affinity with the monarchy. Since February, the palace has blithely ignored weekly demonstrations in the capital, in which thousands have demanded the resignation of the Bakhit government, new parliamentary elections, and new anti-corruption measures. By contrast, a few weeks of small-scale protests in Tafileh provoked a royal visit in June, in which the king announced free health care for all residents, the recruitment of 1,000 locals for new police and security jobs, and the establishment of a new development fund. Regime efforts to mobilize the perennial resentments of Transjordanian nationalists against the Palestinians will have less traction when the heavily Transjordanian communities of the south are themselves in movement. Indeed, the underground campaign to portray all the opposition as "Palestinian" rather than Jordanian, an old tactic that exploits the most enduring cleavage in Jordanian society, has become increasingly hollow. The majority of the youth activists that organized the March 24 Shabab movement were not Palestinian, and many share strong ties with the very southern areas now chafing under the false promise of development.
Despite the Ministry of Planning's inflated optimism, the economy simply cannot generate enough viable private-sector jobs, leaving 70 percent of the unemployed under the age of 30 -- a problem especially prevalent in rural areas. Yet the regime cannot cover every future quandary with money, as price subsidies and public salaries consume most of the national budget. Indeed, it would have reported a record deficit this year had not Saudi Arabia transferred $1.4 billion in budgetary aid over the past two months. This may serve as prelude to future support if Jordan joins the Gulf Cooperation Council as announced in May, but aid is not oil -- a lesson learned in the mid-1980s, when declining fiscal subsidies from the Gulf due to the global oil bust precipitated a disastrous economic downturn. That official talk of political change has lacked any accompanying national dialogue about sustainable development outside the metropole reflects stunning ignorance, but one that can be easily ameliorated.
Despite these problems, Jordan is far from a revolutionary crisis. Even the most ardent critics frame their goal as changing the system, not overturning the monarchy. Many still believe that the regime will pursue the right reforms; but their patience is wearing thin. Above all, those reforms will need to encompass far more than constitutional alterations. Executing the proposed amendments is important, but they alone will not make elections more competitive, political parties any stronger, corruption less rampant or rural development more equitable. The constitutional revisions need to be a starting point, not a final gambit, if the king hopes to move off the dangerous track on which Jordan has been running.
-This commentary was published in The Foreign Policy on 19/08/2011
-Sean L. Yom is an assistant professor of political science at Temple University

The Mideast Blame Game

By Aaron David Miller
When Secretary of State James Baker was organizing the Madrid peace conference in 1991, he resorted to a device he called the dead cat on the doorstep. Simply put, Baker threatened to publicly blame Israeli, Palestinian and Syrian leaders if they didn’t accept the terms and attend the conference.
It worked.
Ironically, the dead-cat routine also explains the current state of the Israeli-Palestinian peace process — but in reverse.
The story today isn’t about an American threatening Israelis and Palestinians if they don’t get serious about negotiations. These days, everybody is maneuvering to ensure that someone else takes the blame when the dust settles after the mini-crisis at the United Nations next month.
For some time, the Israeli-Palestinian peace process has had nothing to do with getting to a serious negotiation. That’s because no one in Jerusalem, Ramallah or Washington believes that an agreement, let alone one to end the conflict, is possible now.
There was a brief moment at the beginning of the Obama administration when Israelis and Palestinians were excited about a new president who seemed prepared to marshal the toughness, reassurance and commitment required to broker a negotiated agreement. But nobody believes that anymore.
What is still important to Israelis and Palestinians, however, is ensuring that responsibility for the potential debacle following the Palestinians’ statehood initiative is placed on somebody else. President Obama, too, is ready to play the blame game. Even if the administration manages to preempt the initiative by selling a formula to relaunch negotiations or getting both sides to acquiesce in a statement through the “Quartet,” nobody wants to risk making decisions that could produce an actual agreement. Making a point is a lot easier than making a difference.
For Palestinians, this phase of the peace process isn’t about getting to the table with this Israeli government. So Palestinians have switched from discussions with the Israelis and Americans — a bi/trilateral arena in which their influence is limited — to the international stage, where they have more sway.
They understand that upgrading their status from non-member observer entity to non-member observer state (like the Vatican) would be much better than interminable talks with the Israelis. They know that a U.N. resolution recognizing the West Bank, Gaza and East Jerusalem as sovereign Palestinian territory and as a state might give them more leverage, solidify an international consensus against Israel and possibly even put them in a position to threaten legal sanctions since all Israeli actions in the West Bank might be interpreted as violating the sovereignty of the new Palestine.
The Palestinians know the risks — a rift with the United States and possible congressional cutoff of aid. Their leaders know that action at the United Nations won’t change conditions on the ground and could lead to a frustrated public and violence, most likely against the Israelis.
No matter, the Palestinians say, at least we are controlling our fate. And for President Mahmoud Abbas, who may soon be retiring from politics, virtual statehood is an achievement and sends a message: The problem isn’t me; it’s the Israelis.
As for the Israelis, Prime Minister Benjamin Netanyahu is concerned about Israel’s isolation but worries more that serious negotiation with the Palestinians would undermine his government and put him in a position where he can’t or won’t meet Palestinian bottom lines on Jerusalem or refugees.
Netanyahu rightly calculates that Obama has no choice but to stand with him in opposing Palestinian action at the United Nations, and he is counting on the United States to sway a number of Europeans. He has already gotten Washington to buy into his requirement that Palestinians accept Israel as a Jewish state or at least endorse that as a legitimate demand in negotiations. He is prepared to blast Palestinians for going to the United Nations instead of the negotiating table and for the PA’s unity talks with Hamas terrorists. If negotiations resume, he’s prepared to accept Obama’s formula of June 1967 borders with swaps — on this point alone, the two sides could talk interminably without resolving anything.
The Obama administration has learned a few things. The president doesn’t want to oppose Palestinian statehood, which he supports, and he really can’t stand Netanyahu. But he knows that given all of his other priorities, he doesn’t need a high-profile failure of the peace process or a fight with Israelis, Republicans or American Jews over a U.N. resolution criticizing a close ally. Obama isn’t looking forward to it, but he’s prepared to lay the dead cat in Ramallah if necessary or, if he really gets mad, at Netanyahu’s doorstep.
The Israeli-Palestinian issue should not be trivialized. Last week’s attacks near Eilat and the Israeli response show that violence always looms; Palestinians are suffering; Israel’s character as a Jewish and democratic state is at risk; and American credibility is on the line. But if Israeli and Palestinian leaders wanted to solve their problem, or at least make a serious run at negotiating (with or without U.S. help), we would not be on the verge of a big blame game. The fact is, however unpleasant the status quo, keeping things as they are strikes Israelis, Palestinians and Americans as much less risky than the decisions required to change it. Until that calculation changes — driven by the prospects of real pain and gain — there are going to be a lot more dead cats in the neighborhood.
-This commentary was published in The Washington Post on 20/08/2011
-Aaron David Miller, a public policy fellow at the Woodrow Wilson International Center for Scholars, has advised Republican and Democratic secretaries of state on the Middle East peace process. His next book, “Can America Have Another Great President?,” will be published in 2012

The Day After The Revolution

By Abdel Monem Said
Do you remember the movies “The Day After Tomorrow” and “2012” which all dealt with the end of the world? In these films – and others – human beings had to face exceptional circumstances, with the world being thrown into chaos, following major earthquakes, massive floods or significant change in the Earth’s climate, forcing people to leave their homes like migrating birds in order to survive.
Things aren't this severe in cases of revolutions, although some have come close. This is something that we have seen in the chaos and upheaval following the American, French, Bolshevik, Chinese and Iranian revolutions which dramatically transformed the lives of the people in these countries. The same seems to be happening today in several Arab countries where each home-grown revolution is experiencing a different stage. Some have already succeeded and are in the post-revolutionary stage, like Tunisia and Egypt, whilst others are still embroiled in the stage of civil conflict, like Yemen, Libya and Syria. A third group are still in the initial stage of revolution, with the regimes not believing that their time is up, whilst the people – emulating the revolutionary mood in other countries – believe that the time [for political change] has come.
In all the cases mentioned above, there were few deliberations about what would happen the “day after tomorrow.” In the Egyptian case, the revolution did not stop at overthrowing the president and his aides but it then placed them in prison and on trial. Consequently, it has become imperative to prepare for the next stage or the “day after tomorrow.” Even though only seven months have elapsed since the outbreak of the revolution, Egypt is no longer in a revolutionary state, rather we find Egypt in the midst of political mobilization, with all parties preparing themselves for the political game in Egypt. The Egyptian Supreme Council of the Armed Forces is trying to maintain stability and rationality and fulfil its pledge to transfer power within a declared time frame. The judiciary, one of Egypt’s most calm and tranquil establishments, is attempting to do something that no other revolution has ever managed to achieve, namely bring the members of the former regime to trial in a fair and just manner. Bureaucracy, as usual, has remained untouched, continuing in its accustomed manner with regards to cabinet appointments. On the other hand, a number of [political] blocs are competing to organize million man marches of various shades: including religious marches, civil marches, and sometimes a mixture of both. Amidst all this, the media and the elite live in a state of vociferous observation. At times, they sing the praises of the revolution, whilst at other times they extol the merits of Egypt.
Actually, there is no reason to extol the virtues of Egypt all the time in this manner. They praise Egypt’s past, and its glorious history; its present, namely the Egyptian Revolution and the Arab Spring; its people, who are known for their courtesy and politeness; its geographical position; its famous ancient civilizations; and it’s national identity. Such extolments might be reasonable within limits – and it doesn't hurt to be proud of your national identity and to exhibit a strong sense of belonging – however, from another perspective, this might be extremely harmful because it hides the truth about Egypt, which is an underdeveloped country that has failed over a period of 200 years to catch up with the world's advanced nations, whether we are talking about Europe and West, or Asia, Eastern Europe, and South America. The current situation in Egypt raises an important question: how can Egypt catch up with the rest of the world? The revolution has opened the door for political advancement and the constitutional amendments that have been implemented means that the political system in Egypt is one that approaches that of a democratic system. The important point is to make sure these amendments will not lead to the establishment of a fascist religious regime. In any event, we shall see what will happen in the political arena in Egypt during the forthcoming period. Even if Egypt succeeds in paving the way for real democracy, we know that this is nothing more than a political system that ensures that government operation is transparent and responsible. But the question is: what will this government be responsible for?
This is where the vision for advancement, which other countries have already achieved, comes in. It is strange nobody in Egypt has discussed this issue to the extent that the word "development" whether in its physical sense or human one has almost disappeared. Nobody says what they really wish for Egypt because it will most probably remain the same even after the trial of Hosni Mubarak and his aides. The hard facts about Egypt won't change: the overall population will reach 90 million next year, 28 percent of whom will be illiterate, and 21 percent of whom will live below the poverty line. Lower Egypt is more advanced than Upper Egypt, particularly as the people of Egypt only inhabit 7 percent of the total area of the country. Many Egyptian youth [illegally] attempt to flee Egypt by boat, only to end up drowning off the shores of European countries. Countless million man marches will be staged [in Egypt] and scores of flags will be raised. Dozens of TV shows and songs will be produced extolling the virtues of Egypt, but the harsh reality will remain the same, if the situation doesn’t get even worse!
The situation is not much different in Tunisia, and in other Arab countries that are witnessing revolutions, as well as those that are not. The main benefit from any revolution is to unleash the potential energy of the country and bring down a minority that monopolized power and prevented the development process, keeping the country’s wealth and resources for themselves. Economic wealth and political power must be used for one reason, namely to help a country develop and improve.
Arab revolutions have made a habit of postponing any thinking about the forthcoming stage until after they have ousted the regime from power. This is something that contradicts revolutionary traditions in other countries. A revolution is carried out to implement certain objectives that will differentiate the future phase from the current one, not just to overthrow the ruling regime. If we accept that Arab regimes are extremely difficult to topple, we must acknowledge that part of this difficulty lies in the fact that Arab revolutionaries do not offer a genuine alternative, except in the political domain. What is even more dangerous is that they do not want to even think about any real alternative.
Therefore Arab countries on the threshold of a revolution must think about the "day after tomorrow" now, in order not to give the reactionary elements the opportunity to weaken the revolution. As for the countries still struggling through skirmishes and confrontation, the opportunity still exists for the forces of the revolution to overtake the ruling regime, not only by liberating the entire political process, but also by proposing a serious economic and social program for development and combating corruption. With respect to the Arab countries where revolutions have yet to break out, they must be aware that this will happen unless all political and social forces grasp the opportunity now in front of them and implement radical – rather than superficial – reform. During the French Revolution in Europe, circumstances were almost similar in terms of political and social maturity, but the French revolutionaries perpetrated horrible massacres, destabilizing the independence of the entire European Continent over a period of two decades. As for other countries where revolutions took place, let us look at Britain, whose revolution was conducted in its own special manner. Political reform, technological revolution, reinforcement of civil society and economic progress were all merged in one package in Britain. Britain managed to safely circumvent the “day after tomorrow”, without even carrying out a traditional revolution.
This commentary was published in Asharq al-Awsat on 21/08/2011