Tag Archives: legitimacy

ACTING BEYOND THE STATE: TOWARD A COSMOPOLITAN AWAKENING?

20 Jun

[Prefatory Note: The following review of Ayça Çubukçu’s For the Love of Humanityis scheduled to appear in a forthcoming issue of the London Review of International Law.]

 

ACTING BEYOND THE STATE: TOWARD A COSMOPOLITAN AWAKENING?

 

Ayça Çubukçu,For the Love of Humanity: The World Tribunal on Iraq, University of Pennsylvania Press, 2018.

 

 

Ayça Çubukçu’s For the Love of Humanity theorizes the global anti-war movement occasioned by the Iraq War of 2003 around her experience of involvement in an elaborate global initiative culminating in a tribunal established by ‘world citizens’ that held its final session in Istanbul. Beyond question, the Iraq War Tribunal (WTI) was an extraordinary undertaking from start to its finish, a worldwide non-hierarchical network of civil society activists that prior to the Istanbul finale in 2005 had organized separate tribunal sessions devoted to the Iraq War in major cities around the world including London, Seoul, Copenhagen, New York, Stockholm, several Japanese cities, Rome, Frankfurt, Genoa, Barcelona, Lisbon. Although there are many examples of prior citizen tribunalson a variety of controversial issues, none before achieved this global scale or were guided by such a grand visionary ambition.

 

The acknowledged inspirational origin of the WTI was the Bertrand Russell Tribunal organized in 1967 to document American criminality associated with its engagement in the Vietnam War. Relying on the prestige of the great British philosopher and his influential moral voice this innovative tribunal based its credibility on the participation of celebrity Western left intellectuals, with Jean-Paul Sartre serving as President.[1]What was most notable about the Russell Tribunal was the novel appropriation of a statist legal framework by private citizens for the purpose of conducting a comprehensive legal inquiry into the Vietnam War. The Tribunal secretariat gathered testimonies of witnesses and commentaries of experts, but based its authority to pass judgment largely on the reputation of its 24 prominent members, mostly men, including such iconic cultural figures as James Baldwin, Simone de Beauvoir, and Peter Weiss. Among its members was Lelio Basso, a prominent Italian jurist and legislative figure who later founded the Permanent Peoples Tribunal (PPT) in Rome on the basis of this experience, which has held many comparable sessions over the intervening years on a variety of issues that governments and the UN found too hot to handle.

 

As Ayça Çubukçushows so brilliantly, relying on an ethnographic approach, the WTI was shaped with this background in mind, but with much more organizational self-consciousness and sense of enduring purpose that any earlier civil society initiative of this kind. WTI also featured a populist, feminist, and activist organizing strategy that was very different in style and substance than all earlier tribunal initiatives that were the work of progressive elites as facilitated by a closely knit group of organizers. Çubukçurecounts, as integral to the process, the conceptual struggles among the organizers about how to address the challenge of claiming an authority to pass legal judgement not only on the behavior of powerful sovereign states but also on the criminal culpability of their leaders. The ‘law’ framing this populist venture involved a convergence of motives, chief among which is the claim that ultimate sovereignty is located in people as a belonging to nascent polity of humanity rather than the institutions of government, whether national or international. Additionally, a justification for WTI was the widely endorsed political assumption that geopolitical leverage had paralyzed international law and the UN, allowing the overriding of Iraq’s sovereign rights causing negative impacts on global justice, world peace, and the wellbeing of Iraqi people. Relying on unattributed direct quotations of the participants at a lengthy WTI organizing session, Çubukçumakes us appreciate the clarifying fact that the organizers shared an overall hostility to the Iraq War despite their realization that the US/UK intervention had toppled a cruel dictator, guilty of many crimes against humanity. In this way the mission adopted by the WTI was to accord priority to worldwide anti-war and anti-imperial goals even granting that there were some human rights benefits resulting from the invasion and occupation of Iraq.

 

This policy assessment was the backdrop for a broader, fundamental, essentially jurisprudential question about the nature of the WTI as an initiative with many of the legal trappings and pretensions of a judicial proceeding yet conducted without the presence of the defendants or any prospect of enforcement. Çubukçuis attentive to this crucial issue of how to endow the WTI with legitimacy given its lack of formal authority. The Russell Tribunal was dismissed in mainstream circles as an anti-war propaganda stunt, a kangaroo court that proceeded on the basis of pre-determined conclusions that were alleged to make a mockery of the tribunal format. At the same time, the law framing of the inquiry was believed necessary to give WTI a credibility with mainstream opponents of war and the media that it could not have achieved by way of a mere political condemnation. In effect, the WTI was claiming that its proceedings provided the public with correct interpretations of international criminal law. These interpretations filled the normative vacuum created by the political failure of the current world order system to overcome the impunity of geopoliticalwrongdoers.

 

Considering the issue more deeply, it is well to recall that the generally affirmed war crimes tribunals after World War II (at Nuremberg and Tokyo) also went forward on the basis of pre-determined results, although the defendants were present in the courtroom, accorded partial rights of defense, and the judgment reached was enforced and the defendants punished. These tribunals did receive criticism as ‘victor’s justice,’ but mainly because of impunity, that is, the crimes of the winners (e.g. strategic bombing, atomic attacks on Hiroshima, Nagasaki) were not subject to prosecution and could not even be invoked as defenses by those accused. Çubukçudiscusses in some detail the contrast between the parallel American organized trial of Iraqi leaders held under the auspices of the Iraqi High Tribunal in Baghdad and the subsequent execution of Saddam Hussein. Such a formalized judicial proceeding in Iraq was obviously intended to serve as a kind of vindicating ritual for the attack, yet compromised by impunity for the crimes of the US/UK attackers and occupiers, as well as by the bloody end game of the botched execution of Saddam Hussein. It was as much a show trial as anything done during the notorious Stalin period in the Soviet Union that also indulged in judicial escapades, and in terms of the quality of the legal assessment compared unfavorablyto the overall undertaking of the WTI.

 

What most interests Çubukçuis the challenge of using the legal scaffolding by WTI while not endowing international law with sanctity, given its historic role of upholding war and justifying imperial undertakings, including in the past European colonialism. She instructively compares the role of the Independent International Commission on Kosovo that gave a qualified endorsement to the Kosovo War with the WTI to make the point that the NATO War in 1999 set an unfortunate legal precedent for the Iraq War. In effect, international law enjoys, at best, an equivocal relationship to justice when it comes to restraining war making diplomacy of dominant states, and so should not be unconditionally affirmed.

 

In this sense, Cubukcu’s most provocative contribution is undoubtedly the quite original depiction of the driving force that animated the formation and operation of the WTI. In her striking formulation it was ‘the love of humanity.’ The thirst for legalism, a concern with justice per se, and building a global anti-war movement were all contributing factors, but as complements to the core motivation of ‘species love.’  This conclusion overrides, but does not invalidate the claims of the WTI to clarify the relevance of international law against geopolitical violators. The love of humanity encompasses the anti-war animus of a global movement that made use of a tribunal format so as continue activist opposition to the bellicose behavior of the United States that was hiding its imperial master plan behind a hypocritical commitment to protect human rights and promote democracy. In her view, the WTI, above and beyond all else was an expression of an emergent cosmopolitan ethos of species love that transcended national boundaries and could only be activated by the agency of the peoples of the world. It was this activation by the WTI that is for Çubukçuits greatest achievement, as well as constitutes the ultimate basis of its legitimacy.

 

The book ends somewhat enigmatically with a pronouncement that law and empire cannot be reliably disentangled, and for this reason law must be ‘interrogated and overturned’ in a similar progressive move that provided the stimulus to the WTI and the repudiation of the Iraq War. Instead of law, Çubukçuopts for a humanistic version of cosmopolitan populism, expressed by reference to species identity, and given a special twist by invoking the unexpected strong referent of ‘love.’ The book ends whimsically with these words: “Perhaps then, less violent and necessary may be acting for the love of humanity.” (157) We can only hope thatÇubukçu’s next ambitious book will be devoted to explicating this tantalizing sentence!

 

Part of what makes this book so impressive is that its radical vision is sustained and deepened by sophisticated reference to the ideas of many of the leading European political philosophers of the last hundred years and by a social science methodology that relies on an ethnographic record compiled by a participant-observer who doubles as author. This fine, memorable book possesses a theoretical and practical significance that extends well beyond the confines of the WTI experience.[2]Çubukçunot only observes, reports, philosophically comments, but she engages by taking sides. As such, she is part of a recent academic trend toward ‘partisan objectivity,’ disclosing openly the author’s point of view rather than pretending neutrality. For anyone concerned about political activism, transnational organizing, a new progressive agenda, international law, the ethics of resistance, and the post-colonial, post-Cold War world order this book is required reading.

 

 

 

 

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[1]For  an account of the Russell Tribunal including a text of the proceedings see John Duffett, ed., Against the Crime of Silence (Flanders, NJ: O’Hare Books, 1968)

[2]For a comprehensive presentation of the WTI proceedings see Muge Gursoy Sokmen,World Tribunal of Iraq: Making the Case Against War(Olive Branch Press, 2008). 

2017: Palestine’s Three Dark Commemorations

16 Jan

 

 

 

Increasingly, Palestinians seem doomed to become subjects, or at best second-class citizens, in their homeland. Israeli expansionism, United States unconditional support, and UN impotence. These factors are combining to create dismal prospects for Palestinian self-determination and for a negotiated peace that is sensitive to the rights and grievances of both Palestinians and Jews.

 

Recalling three notable commemorations to be observed in 2017 may help us understand better how this distressing Palestinian narrative unfolded over the course of the past hundred years. Perhaps, such remembrances might even encourage the rectification of past failures, and encourage flagging national and international efforts to find a way forward even at this belated hour. The most promising initiatives are now associated with a growing global solidarity movement dedicated to achieving a just peace for both peoples. For now, neither the United Nations nor traditional diplomacy seem to have much leverage over the play of social and political forces that lies at the core of the Palestinian struggle. Only the nonviolent resistance of Palestinians to their prolonged ordeal of occupation and transnational civil society militancy seem to have any capacity to exert positive leverage over the status quo and to sustain hope.

 

At the same time, legitimacy and visibility remain important, and here the UN and international society have important roles to play, especially to reaffirm the legitimacy of Palestinian goals and grievances, the importance of political compromise, and the persisting refusal of Israel to show respect for international law, the authority of the United Nations, and the world public opinion.

 

 

1917

 

On November 2, 1917 the British Foreign Secretary, Arthur Balfour, was persuaded to send a letter to Baron Lionel Rothschild, an influential supporter of the world Zionist project, expressing the support of the British government, for the aspirations of the movement. The key language of the letter is as follows:

 

His Majesty ‘s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use its best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.

 

An obvious initial observation is why was Britain moved to take such initiative in the midst of World War One. The most plausible explanation is that the war was not going so well, nurturing the belief and hope by British leaders that siding with the Zionist movement would encourage Jews throughout Europe to back the Allied cause, especially in Russia and Germany. A second motivation was to further British interests in Palestine, which Lloyd George, then Prime Minister, regarded as strategically vital to protect the overland trade route to India as well as safeguard access to the Suez Canal. An apparent third motivation was as an expression of gratitude to Chaim Weizmann, a Zionist leader, for his contributions as a chemist to the British war effort. And finally, there were many Europeans, including Balfour himself, who agreed with Zionism that the only lasting assurance of an elimination of anti-Semitism was for Jews to migrate to Palestine.

 

The Balfour Declaration was controversial from the day of issuance, even among some Jews. For one thing, such a commitment by the British Foreign Office was a purely colonialist undertaking without the slightest effort to consider the sentiments of the predominantly Arab population living in Palestine at the time (Jews were less than 10% of the population in 1917) or to take account of rising international support for the right of self-determination to be enjoyed by all peoples. Prominent Jews, led by Edward Montagu, Secretary of State for India at the time, opposed the Declaration, fearing that it would fan the flames of anti-Semitism, especially in the cities of Europe and North America. Beyond this, the Arabs felt betrayed as Balfour’s initiative was seen both as breaking wartime promises to the Arabs of postwar political independence in exchange for joining the fight against the Turks. It also signaled future troubles arising between the Zionist promotion of Jewish immigration to Palestine and the agitation of the indigenous Arab population, as well as producing in the midst of the Arab world a country with great military capabilities in relation to the surrounding region.

 

It should be acknowledged that even Zionist leaders were not altogether happy with the Balfour Declaration. There were deliberate ambiguities embedded in its language. For instance, Zionists would have preferred the word ‘the’ rather than ‘a’ to precede ‘national home.’ Also, the pledge to protect the status quo of non-Jews was seen as inviting trouble in the future, although as it turned out, this assumption of colonialist responsibility was never taken seriously. Most importantly, the Zionists received support only for the ambiguous reality of a national home rather than a clear promise of a sovereign state with full participatory rights in international society. On this latter point, informal backroom British diplomatic chatter agreed that a Jewish state might emerge in the future, but it was believed that this could happen only after Jews became a majority in Palestine, which happened only by way of the permanent dispossession of hundreds of thousands of Arab Palestinians in the course of the violent establishment of the state of Israel in 1948, which was also shadowed by the recent confirmation of the magnitude of the Holocaust.

 

It is worth this backward glance at the Balfour Declaration to realize how colonial ambition morphed into liberal guilt and humanitarian empathy for the plight of European Jews after World War II, while creating an endless nightmare of disappointment, oppression, and rightlessness for the Palestinian population.

 

 

 

1947

 

After World War Two, with strife in Palestine rising to intense levels, and the British Empire in free fall, Britain relinquished its mandatory role and gave the fledgling UN the job of deciding what to do. The UN created a high level group of diplomats to shape a proposal, resulting in a set of recommendations that featured the partition of Palestine into two communities, one for Jews, the other for Arabs. Jerusalem was internationalized with neither community exercising governing authority nor entitled to claim the city as part of its national identity. The UN report was adopted as an official proposal by a large majority of UN members in the form of General Assembly Resolution 181.

 

The Zionist movement purported to accept 181, while the Arab governments and the representatives of the Palestinian people rejected it, claiming it encroached upon rights of self-determination and was grossly unfair. At the time, Jews formed less than 35% of the population yet were given more than 55% of the land. It seems also that the Zionist acceptance of 181 was tactical rather than a principled commitment to confine border to the territory granted to Jews. This interpretation is reinforced by Israel’s refusal to withdraw from the land allocated to Palestine by 181 after fighting ceased in 1948, and instead Israel became a state based on ‘the green line’ borders that greatly enlarged the territorial expanse set aside for Jews in the UN plan.

 

As is widely appreciated, a war ensued, with armies of neighboring Arab countries entering Palestine being defeated by well-trained and armed Zionist militias. Israel won the war, obtaining control over 78% of Palestine at the time an armistice was reached, dispossessing over 700,000 Palestinians, and destroying several hundred Palestinian villages. This experience is the darkest hour experienced by the Palestinians, a continuing occasion of mourning, being known among Arabs as the nakba, or catastrophe.

 

 

 

 

 

1967

 

The third anniversary of 2017 is that associated with the 1967 War, which led to another military defeat of Arab neighbors, and the Israeli occupation of the whole of Palestine, including the entire city of Jerusalem and the Gaza Strip. The Israeli victory changed the strategic equation dramatically. Israel that had been previously viewed as a strategic burden for the United States was now appreciated and acknowledged as a strategic partner with impressive military capabilities, and thus deserving of unconditional geopolitical support.

 

In famous Resolution 242 UN Security Council unanimously decided on November 22, 1967 that the withdrawal of Israeli forces should be negotiated, with certain agreed border modifications understood to be minor, in the context of reaching a peace agreement that included a fair resolution of issues pertaining to Palestinian refugees living throughout the region. There was no expectation that Israel would avoid withdrawal, and immediately obstruct diplomacy by embarking on the unlawful settlement undertaking.

 

During the next fifty years we have come to realize that 242 has not been implemented. On the contrary, Israel has further encroached on Occupied Palestine through the continually expanding settlements and related infrastructure of roads and security enclaves, including the separation wall found unlawful by a near unanimous majority of the International Court of Justice in 2004.

 

A point has now been reached where few believe that an independent Palestinian state co-existing with Israel is any longer feasible or even desirable, making further reliance on ‘a two-state’ solution delusional, playing into Israeli hands by giving additional time to carry forward a hybrid approach that mixes in the West Bank and East Jerusalem a de facto pattern of gradual annexation with an apartheid structure of occupation. Despair follows because no plausible alternative to the two-state solution enjoys political traction, except possibly an Israeli one-state solution imposed upon the Palestinians at the cost of effectively relinquishing Israel’s lingering pretensions of democracy. Whether the alternative political form of an ethnocracy enjoys political legitimacy is questionable from either a human rights or global public opinion perspective.

 

 

Conclusion

 

These dark remembrances reveal three stages in the steadily worsening Palestinian reality. They also reveal the inability of the UN or international diplomacy to solve the problem of how Palestinians and Jews should share the land. It is too late to reverse altogether these strong currents of history, but the challenge remains acute to find a humane outcome that somehow finds a way to allow these two peoples to live peacefully and securely together or in separated equal political communities that do not trample upon Palestinian rights. Let’s fervently hope that a satisfactory solution is miraculously found or achieved before another dark remembrance commands our attention.  

 

Imperiled Polities: Egypt and Turkey—Two Visions of Democracy

25 Jan

 

The Meaning of a 98.1% Vote

 

In mid-January there was a vote in Egypt as to whether to approve a constitution drafted by a 50-person committee appointed by the interim government put in place after the military coup carried out on July 3, 2013. The constitution was approved by 98.1% of those who voted, 38.6% of the eligible 53 million Egyptians. This compares with 63.8% support received by the constitution prepared during the presidency of Mohammed Morsi from the 32.9% of the Egyptian citizenry that participated in the vote. It should be observed that this new constitutional referendum was boycotted by both the Muslim Brotherhood and various of the youth groups that has been at the forefront of the anti-Mubarak upheaval in 2011. Also the validity of the vote was further discredited because of the atmosphere of intimidation in Egypt well conveyed by the pro-coup slogan: “You are either with me or with the terrorists.” Not only had the MB been criminalized, its assets seized, its leaders jailed, its media outlets shut down, but anyone of any persuasion who seemed opposed to the leadership and style of General el-Sisi was subject to arrest and abuse.

 

In the background here are questions about the nature of ‘democracy,’ and how to evaluate the views of people caught in the maelstrom of political conflict. On one level, it might seem that a vote of over 90% for absolutely anything is an expression of extraordinary consensus, and as a result el-Sisi’s constitution is far more popular than Morsi’s constitution, and hence more legitimate. Reflecting on this further makes it seem evident, especially when the oppressive context is to taken into account that the one-sided vote should be interpreted in the opposite manner, making Morsi’s vote more trustworthy because it reached plausible results. Any vote in a modern society that claims 98.1% support should be automatically disregarded because it must have been contrived and coerced. In effect, we cannot trust democratic procedures to reveal true sentiments in a political atmosphere that terrorizes its opponents, and purports to delegitimize its opposition by engaging in state crime. The consent of the governed can only be truly ascertained if the conditions exist for the free and honest expression of views for and against what present power-wielders favor.

 

Maybe, however, the connections made between democracy and legitimacy, seeking this populist signal of approval by the ritual of a vote, is itself a kind of blindfold. It would seem that a majority of Egyptians did, in fact, welcome the el-Sisi coup, believing that a military leadership would at least ensure food and fuel at affordable prices and restore order on the streets. In other words, most citizens in crisis situations posit order and economic stability as their highest political priorities, and are ready to give up ‘democracy’ if its leaders fail to meet these expectations. In my view, what has happened in Egypt is the abandonment of the substance of democracy by the majority of the Egyptian people, as reinforced by the suppression of a minority hostile to the takeover. This dynamic is hidden because the discourse and rituals of democracy are retained. It is this process that I believe we are witnessing as unfolding in Egypt. In effect, polarization of the first two-and-half years following the overthrow of Mubarak has been followed by the restoration of autocratic rule, but due to the intervening embrace of political freedom, however problematic, the new autocrat is even harsher than what was rejected at Tahrir Square three years ago.

 

The Politics of Polarization and Alienation  

 

Amid this political turmoil that has been spoiling the politics of the Middle East is a conceptual confusion that contributes to acute political alienation on the part of those societal elements that feel subject to a governmental leadership and policy agenda that is perceived as hostile to their interests and values. Such circumstances are aggravated by political cultures that have been accustomed to ‘one-man shows’ that accentuate tendencies toward adoration and demonization. Each national situation reflects the particularities of history, culture, values, national memories, personalities, and a host of other considerations, and at the same time there are certain shared tendencies that may reflect some commonalities of experience and inter-societal mimicry, as well as the deformed adoption of Western hegemonic ideas of modernity, development, constitutionalism, and governance, as well as of course the relationship between religion and politics.

 

The recent disturbing political turmoil in Turkey and Egypt, each in its own way, is illustrative. In both countries there are strong, although quite divergent, traditions of charismatic authoritarian leadership, reinforced by quasi-religious sanctification. Very recently, however, this authoritarian past is being challenged by counter-traditions of populist legitimacy putting forward impassioned demands for freedom, integrity, equity, and inclusive democracy, which if not met, justify putting aside governmental procedures, including even the results of national elections. Within this emergent counter-tradition is also a willingness to give up all democratic pretensions so as to restore a preferred ideological orientation toward governance, that is, resorting to whatever instruments are effecting in transferring control of the state back to the old order that had lost control of the governing process by elections, and had poor prospects of democratically winning power in the future.

 

In Egypt, this circumstance led to unconditional opposition to the elected leadership, especially to Mohammed Morsi, the president drawn from the ranks of the Muslim Brotherhood. The aim of this opposition, whether or not consciously espoused, seemed to have been to create a crisis of governability of sufficient depth to provoke a crisis of legitimacy, which could then produce a populist challenge from below that brought together ideological demands for a different orientation and material demands for a better life. It is true that Morse lent a certain credibility to this rising tide of opposition by a combination of incompetence and some clumsy repressive moves, but this was almost irrelevant as his secular and fulool opponents wanted him to fail and never allowed him even the possibility of success. For such opponents, the idea of living under a government run by the MB was by itself intolerable. In the end, many of those who had pleaded so bravely for freedom in Tahrir Square were two years later pleading with the armed forces to engage in the most brutal expressions of counter-revolutionary vengeance. Whether this will be the end of the Egyptian story for the near future is difficult to discern, the downward spiral suggests insurrection and strife for the foreseeable future.  

 

In Turkey, such a collision has recently produced turmoil and highlighting the dangers and passions that accompany lethal polarization, initially, in the encounters of the summer of 2013 at Gezi Park and some months later in a titanic struggle between Tayyip Recip Erdogan and Fetullah Gulan generating a rising tide of mutual recriminations and accusations that threatens the AKP dominance of the political process, a threat that will be soon tested in the March local elections, especially those in Istanbul and Ankara. Turkey is different than Egypt in at least two major respects. First of all, its economy has flourished in the past decade, producing a rising middle class, and a business community with lots to lose if investor confidence and currency exchange rates decline sharply. This reality is complicated by the fact that part of those that have gained economically have been aligned with the AKP, and by the degree to which the Turkish armed forces are also major stakeholders in the private sector. Secondly, a major achievement of the AKP leadership has been to depoliticize the role of the Turkish military, partly to protect itself against interference and partly to satisfy European Union accession criteria.

 

Alienation and emotional distress is more a symptom than an explanation of why there exist such strong political tensions. Better understood, these conflicts are about class, religion, status, political style, the benefits of governmental control, and availability of capital and credit. An additional source of public antagonism is the unresolved, and mostly unacknowledged, debate about the true nature of democracy as the legitimating ideal for good governance in the 21st century. One perplexing element is language, especially its use by politicians concerned with public opinion. There is this impulse on one side to base governmental legitimacy on pleasing the citizenry, and the impulse on the other side is to insist upon fidelity to law and constitutionalism. Both sides have powerful arguments that can be invoked to support their claims. There is no right and wrong, which is infuriating for polarized discourse that can only raise its voice to shout in higher decibels, but can never reach a conclusion of the sort that might resolve a scientific debate or solve a mathematical puzzle. Each side is motivated by unshakeable convictions, and has no disposition to listen, much less appreciate, what the others are saying. In effect, good governance is impossible in the absence of community, and what has become evident is that society unity is currently unattainable in the presence of the sort of alienation that has gripped the publics in Egypt and Turkey, and elsewhere. 

 

Part of the controversy, but only part, can be reduced to these differences over the very nature of democracy. Another part, as discussed in relation to the vote on the Egyptian constitution, involves the abandonment of democracy in substance while insisting on its retention in form.

 

Varieties of Democracy

 

The word democracy itself needs to be qualified in one of two ways: majoritarian or republican. And here is the central tension: the public myth in all countries that deem themselves ‘modern’ endorse the republican tradition of limited government and internal checks and balances, while the political culture is decidedly ambivalent. It can spontaneously legitimize the majoritarian prerogatives of a popular leader with strong backing on the street and among the armed forces, even at the cost of republican correctness. Because of this reality, there exists a tendency by those social forces being displaced through societal power shifts to view a newly ascendant leader through a glass darkly. They suddenly lament authoritarian tendencies that never troubled them in the past when their elites held the reins of governmental authority. Part of the recent confusion is that sometimes the authoritarian tendency gets so corrupted that it loses support even among those who share its class and ideological outlook, and a reformist enthusiasm emerges. This happened in Egypt, but its tenure was short lived as its adherents, drawn from the ranks of the urban educated elites, quickly realized that their interests and values were more jeopardized by the ‘new’ order than it had been by the excesses of the ‘old’ order. 

 

We find in Egypt this pattern played out through the wildly gyrations in the perception of the armed forces as a political player. In the Mubarak Era the armed forces were the central pillar of the state, and a major beneficiary of governmental corruption, neoliberal inequities, and a principal perpetrator, along with other security forces, of state crime. In the Morsi period of governance the armed forces seemed to stay in the background until either responding to or prompting the populist mandate of the opposition exhibited by mass demonstrations and media mobilization based on a paranoid image of Muslim Brotherhood rule and widespread genuine distress about economic stagnancy and political disarray.

 

After the July 3rd coup led by Morsi’s Minister of Defense, General Abdel Fattah el-Sisi, the armed forces set aside the constitution, installed a transitional government, promised new elections, and set about drafting a constitution that embodied the hegemony of the armed forces. What has taken place, however, is an undisguised exercise of authoritarian closure based on declaring the former choice of the citizenry, the Muslim Brotherhood, to be a ‘terrorist’ organization whose leadership were victims of several atrocities, imprisoned, forced underground, and fled the country. Nevertheless, despite these repressive measures, the armed forces are proceeding on a basis as if their action has been mandated by ‘democracy,’ that is, by majoritarian demands for change enacted on the streets of Egyptian cities and through the subsequent endorsement of the repressive steps to be undertaken by the regime, eventually validated through demonstrations, voting, and electoral ratification. In the background of such a counter-revolutionary turn, of course, were weak institutions of government accustomed to operate for decades within a strict authoritarian political space, and a governmental bureaucracy whose judiciary and police continued to ideologically aligned with the old order. Such an entrenched bureaucracy seems to have regarded the reemergence of authoritarian and militarized politics as natural, linked in their imaginary with Egypt’s ancient heritage of greatness and more comfortable with such domineering figures as Nasser and Mubarak as compared to the density and seeming incapacities of Morsi.

 

Challenging Democracy in Turkey

 

The situation in Turkey is much more subtle and less menacing, yet exhibits several analogous features. Despite the outcome of elections that brought the AKP to power initially in 2002, a development subsequently reinforced by stronger electoral mandates in 2007 and 2012, most of the opposition never accepted these results as politically acceptable, and immediately sought to undermine the elected leadership in a variety of legal and extra-legal ways. In the background of this alienation was the implicit and feared belief that the AKP was mounting a challenge to the hallowed legacy of Kemal Ataturk, as well as to the rigid Turkish style of secularism that was periodically reinvigorated by the armed forces that staged coups, which in 1982 had imposed a highly centralized, security oriented constitution on the country. With political acumen, the AKP maneuvered pragmatically in an impressive manner, creating a rapidly growing economy, seeking to play a conflict resolving role throughout the Middle East, and repeatedly proclaiming a fidelity to the secular creed as the foundation of public order, and by stages subjecting the armed forces to civilian control. Despite the magnitude of these achievements the AKP and Erdogan never gained an iota of appreciation or respect from the anti-religious Kemalist opposition that claimed to be the only legitimate guardians of Turkish ‘secularism.’  Strangely, this alienated opposition was never able to present a responsible political platform that could give the Turkish people a positive alternative, and so the prospects of mounting an electoral challenge remained poor, especially given the accomplishments of the AKP.

 

In such a setting this intensely alienated opposition seemed increasingly dependent on manufacturing a crisis of legitimacy that would restore the old state/society balance that had prevailed since the founding of the republic in 1923. The Ataturk legacy included a somewhat reluctance acceptance of procedural democracy in the form of free and fair elections with the apparent implied assumption that the outcome would remain faithful to his modernist orientation, modeled on Europe, that accompanied the founding of the republic. The range of opposition was limited by a law allowing the closure of political parties that seemed to be straying from the prescribed Kemalist path. When the AKP defied these expectations in 2002, the opposition became quickly fed up with the workings of  ‘democracy,’ and seemed early on to count on being rescued, as in the past, by a military intervention that they hoped would be encouraged by the U.S., which was assumed to be unhappy about the Islamist leanings attributed to the AKP political base and leadership.  The disappointment among the old secular elites arising from the failure of these expectations to materialize deepened the alienation and frustrations of opposition forces, especially on the part of urban elites in the main cities of Turkey in the western part of the country, which exaggerated the faults of the government and ignored its achievements.

 

With such considerations in mind it was understandable that there would be exhilaration among the opposition generated by the Gezi Park demonstrations in the summer of 2013, especially in its initial phases that were as much a protest against the AKP’s embrace of an environmentally rapacious neoliberalism as it was against the authoritarian excesses of the Erdogan leadership. This enthusiasm weakened when the Gezi movement was substantially hijacked in its subsequent phases by the most extreme tendencies of the alienated opposition, which seemed to believe that Gezi presented an opportunity to fashion a full-fledged crisis of governability out of this narrowly focused protest that might force the resignation of Erdogan, if not the collapse of the AKP. There was an attempt to take advantage of escalating public outrage that resulted after excessive force was used by the police to maintain order in the Gezi context. Of course, Erdogan’s harsh style of discourse, including off the cuff opinions that reflected his Islamic devoutness, were part of the broader political atmosphere, and were particularly alarming to an already alienated opposition, reinforcing their their underlying beliefs that any alternative would be better for Turkey than what the AKP was bestowing upon the country. The situation was aggravated  after the AKP electoral success in 2011. It seemed to give Erdogan confidence that he need no longer adhere to his earlier cautiously pragmatic approach to leadership, and he adopted the sort of swagger that both frightened and disgusted an opposition that was not inclined to give him any leeway.

 

Similarly, the more recent, unexpected, and still obscure and bitter public falling out between the AKP and the hizmet movement has injected a new virus into the Turkish body politic posing unpredictable threats. It may turn out that this conflict represent nothing more fundamental than a struggle for relative influence and power that calmer minds will resolve before long. Perhaps also Turkey is experiencing some of the almost inevitable mishaps associated with keeping one political party with a strong leader in power for too long. Such prolonged control of government almost always produces scandal and corruption, especially in a political culture where the rule of law and the ethics of civic virtue do not have a very strong grip on behavioral patterns. In the more distant Turkish past are the memories of Ottoman times when the country was a regional power center, governed by highly authoritarian figures, a hallowed past that was secularized in the last century but not challenged in its essential role in Turkish political culture.

 

Majoritarian and Republican Democracy Assessed

 

With this mix of considerations in mind, the distinction between ‘Majoritarian Democracy’ and ‘Republican Democracy,’ although simplifying the actual political texture, seems important.  In Majoritarian Democracy the leadership is essentially responsible to the electorate, and if its policies reflect the will of the majority, the views and values of opposed minorities need not be respected. Critical views treat such forms of government as susceptible to the ‘tyranny of the majority,’ which has subjective and objective realities distinguishing between what is perceived and what is actually taking place. Arguably after Morsi’s election in 2012, and given the embittered opposition that seemed unwilling to accept the outcome of the vote, the Muslim Brotherhood used the prerogatives of office in a failed attempt to impose the majoritarian will, and may itself have been prepared to change the rules of the political game so as to retain control. Part of the majoritarian mentality is to locate a check on its excesses in the will of the citizenry, and thus when the people are mobilized to demand a new leadership for the country without waiting upon the niceties of the next elections, the path is cleared for the sort of military takeover that occurred last July. Of course, majoritarian dynamics are subject to manipulation by anti-democratic forces whose zeal is directed toward gaining control of the state.

 

‘Republican Democracy’ in contrast starts with a generally skeptical view of human nature, and seeks above all to find procedures and support the nurturing of a political culture that prizes moderate government over efficiency and transcendent leadership. The American self-conscious adoption of Republican Democracy at the end of the 18th century, as spelled out for the ages in The Federalist Papers, is a classic instance of molding a constitutional system that was wary of majorities and protective of minorities and of individual rights ( although totally blind to the human claims of slaves and native Americans). Unlike Egypt or Turkey, Americans were seeking to arrange a different future for themselves than was associated with British royalism, and its absolutist pretensions. In the background, were political thinkers such as John Locke with a stress on the link between good governance and rights and Montesquieu who argued along analogous lines about the cardinal relevance of separation of powers to the avoidance of the concentration and excesses of state power. Delinking government from religious claims of certainty was also consistent with republican sensitivity to human flaws and the general ethos of Lord Acton’s famous saying ‘power corrupts, and absolute power corrupts absolutely.’

 

Because over time every political system faces crises, the American founders realized that the envisioned arrangements would only survive the tests of time if two conditions were realized: first, reverence for the constitution by both lawmakers and citizens, and secondly, judicial supremacy to override legislative and executive swings toward either implementing the momentary passions of the mob or aggrandizing power and authority, and thereby upsetting the delicate balance of institutions. Despite this self-conscious commitment to the republican approach, in times of war and crisis, the democratic feature of accountable power-wielding tends to yield to claims of national security and public expediency. And once such departures from republicanism become entrenched, as a result of a long period of warfare or in relation to nuclear weaponry, and now transnational terrorism, the authoritarian genie is able to escape from the constitutional bottle. As the American motto of ‘eternal vigilance’ reminds us, there are no safe paths to moderate government, and its most influential advocates realized that their wishes might be so defeated that they recognized that the people enjoyed ‘a right of revolution’ if despite all precautions the governing process had become despotic.

 

It need hardly be argued that neither Egypt nor Turkey are remotely similar to the United States or Europe, but the superficial embrace of democracy by these and other countries might benefit from examining more closely the menace of Majoritarian Democracy in a fragmented polity and the difficulties of establishing Republican Democracy in political cultures that have been so long dominated by militarism and authoritarianism. Egypt is experiencing the essentially anti-democratic restoration of authoritarian militarism, while Turkey is trying to preserve sufficient stability and consensus to enable the self-restrained persistence of procedural democracy and a successful process of constitutional renewal that rids the country of the 1982 militarist vision of governance, and moves toward creating the institutional and procedural frame and safeguards associated with Republican Democracy. Beyond this, however, will be the immense educational challenge of shaping a supportive political culture that entrenches republican values in public consciousness, above all a respect for individual and group rights and an inclusive approach to policy formation that seeks participation by and approval from stakeholding constituencies opposed to the majority. Such a vision of a democratic future for Turkey implies a process, not an event, and will require an ongoing struggle inevitably distracted by both manufactured and authentic crises of legitimacy. The hope is that moderate minds will prevail, serving the long-term interests of a state and its peoples that retain great potential to be a beacon of light for the region and beyond.