Supervised by
Fadi Abi Allam & Ezzeddine el Asbahi
Edited by
Jinane Doumit Nader
Prepared by
Chahid Nakad
Beirut – Lebanon
Copyright © 2010 PPM
Content
Introduction ………………………………………………………………….… 4
Algeria ……………………………………………....Bin Dawud Abdul Kader 5
Bahrain ……………………………………………….…...Abdul Nabi Al Ikari 9
Egypt ………………………………………………………….... Haggag Nayel 12
Jordan ……………………………………………..…Houssein Abou Romman 18
Lebanon ……………………………………………………..…. Chahid Nakad 21
Saoudi Arabia …………………..……………….…..Mohamed Al Chouyoukh 24
Tunisia ………………………………………………………....Salah Al Jorchi 29
Morocco ...……………………………………………………. Hakima Chawi 33
Morocco …………………………..…………….….…Dr. Jamal Ben Dahman 40
Palestine ………….……………………………...…………..…Samih Mohsen 46
Introduction
This bookpublication is within the framework of the evaluation project about the reality of the civil society in the Arab world and its role in the Forum for the Future, and which was implemented by the Permanent Peace Movement from Lebanon and the Human Rights Information & Training Center from Yemen and the Arab program of the Human Rights activists from Egypt and funded by the Middle East partnership Initiative. This project was aiming to gather both researchers and activists from the civil society, committed to Democratic issues and human rights in the Arab world particularly from Morocco, Tunisia, Algeria, Palestine, Egypt, Bahrain, Saoudi Arabia, Yemen, Jordan and Lebanon, to stand up together prudent toward the reality of the Democratic process, and the scale of the achieved transformations, the role of the civil society in it and present a vision to reinforce and emphasize this role in a strong and active role.
This book presents in its content a group of evaluation studies that were a center for discussion and concentration in a Conference held by experts and researchers for this aim in Lebanon from 23 to 25 October 2009, and where was issued “Beirut Call” about the role of the civil society in making democratic transformations, where the invitation was aiming to create a regional space gathering activists and representatives of the civil society in the Arab region and to generate an organizational framework and an efficient process to reinforce the value of democratic dialogue among the civil society, and with the other organizations, and a framework to meet with other communities experiences and a perspective for a conscious dialogue and recognized for the importance of the human creative communication among other communities including peace, justice and freedom to everyone.
We hope that this book contributes in its contents in the making of the democratic transformation in the region and in reinforcing its partnership with other governmental sectors as well as the private sector also through the simulation of the forum for the Future which is giving a great chance to support the civil society partnership and make it a partner in political decision making and have a vision needed for the democracy in the region.
Algeria
Democratic Reform in Algeria
By Bin Dawud Abdul Kader
Democratic reform in its view of politics has witnessed many developments, but it is still suffering from many deficiencies. In this study, we will discuss what has been achieved from the reforms in the area of justice reform only.
The Algerian President Abdul Aziz Bouteflika had inaugurated the National Commission for Justice Reform in 20/10/1999 and in May 1999, the Committee submitted its report to President Mubarak attached with its recommendations regarding the establishment of justice reform in Algeria. In 2000, the implementation was initiated actively and effectively of justice reform in Algeria, and in 2003 a non-political Committee of Experts was appointed composed of 52 experts to review the law of Family and the status of women and their rights.
The most important reforms during the last five years are as follows:
27/02/2005 was the date of the first amendment of the Algerian Law of Family No. 84-11 gradually in line with Algeria's international obligations towards international conventions, and then partially Algeria withdrew its reservations in December 2008 to the Convention on the CEDAW or the Convention on the Elimination of All Forms of Discrimination against Women, and the amendment of the nationality law with the issuance of a new citizenship law that grants citizenship under the law for the Algerian children from 27/02/2005 under Order 05/01, and the amendment of the Algerian Penal Code by adopting the humanization of Algerian criminality and punishment by adopting alternative methods of punishment of deprivation of freedom by adopting the principle of respect for human rights and social reintegration of the condemned as a basis for new criminal and penal policy, where its application did not show the results on the ground by virtue of novelty of the new law in the adoption of alternative sanctions.
Furthermore, on 06/09/2004 the organic law No. 04-11 was issued pertaining to the essential Law to eliminate and make the upgrade based on efficiency, though what may be registered on the shortcomings of this text that requires it revision in subsequent amendments.
The amendment of the Code of Penal Procedure was carried out by enabling the detainees under supervision to undergo medical examination and promote for human rights of to enhance the rights of defense.
Besides, the amendment of the Civil Code promulgated in 1975 under the law no. 05-10 as of 20/06/2005 was carried out which came under new provisions, including the electronic signature in the subject of evidence and added new contracts such as contracts of sale, such as named and designs and provision of rental and sales, rent and reduce the statute of limitations for some Contracts and determine the age of cassation on 13 years old after it was 16 years since 1975. In addition to a new law that was promulgated which is the law no. 06-02 as of 20/02/2006 and a new law for the judicial representatives which is law no. 06-03 dated 02/02/2006.
Algeria has also ratified the United Nations Convention against Corruption in 2003 and then promulgated a law of prevention from corruption and fight against this latter, as it had promulgated Law no. 04/18 on 25/12/2004 pertaining to the prevention from drugs and psychotropic substances and suppress the use and trafficking thereof illegally, as well as law no. 05/01 dated 06/02/2005 pertaining to the prevention and fighting against money laundering and the financing of terrorism, and finally the issuance of law no. 08/09 dated 25/02/2008 containing the new Code of Civil and administrative Procedure, which entered into force only in April 2009 which is the law that devoted the principle of duplication of the judiciary provided for in since the decree-law dated 1996 and came with several positive points such as its focus on the mandatory representation of an Attorney at the appellate level at the judicial councils to ensure that the rights of the defense and to ensure fair justice to litigants even for legal assistance.
Furthermore, the site was upgraded in Algeria for the Algerian Ministry of Justice on the Internet to provide legal information to citizens and researchers, as well as the web of the General Secretariat of the Algerian government which provides all the legislation Algerian for citizens and researchers from 1962 till 2009 in both Arabic and French.
Justice reform within the Department of International Cooperation
On 04/10/2004, the convention was signed to fund a project supporting the reform of justice in Algeria, between Algeria and the European Union the so-called MEDA 02 to upgrade and keep pace with the Algerian justice system to the level of European standards in the field of legislation and judicial organization and the achievement of quality in the judicial services, and Algeria has then become caring for human rights significantly compared to previous times and even dedicated protection thereof.
Conclusion
In order to ensure an entire and successful democratic transition even gradually depending on the circumstances of the country, the issue of human rights and education remains and activated thereof by transferring it from the level of written legislative texts to practice in the field in need of further work.
I say as a member of the civil society in Algeria that some laws are still in need to be modified and reform in Algeria, a radical review such as the criminalization of illegal immigration texts in the Penal Code and the new draft Law of Lawyers which did not get its fair extent in the discussion on the level of professional rules and the new law Civil and administrative Procedure which requires “cleaning” it of the faults because it is a huge law that benefits the reform of justice in many respects as it includes great harm in other respects. As it is necessary to repair the deficiencies and remove the obstacles of the reforms in a generation of enemies of positive change within the departments who are somewhat “an ill-lining” for decision-makers and practice systematic displacement of the Algerian efficiencies and lead it to despair, with the need to activate the role of civil society and involved this latter in the development of perceptions of democratic transformation to ensure the success of the reforms.
Bahrain
Bahrain in the transitional stage
Why is the reform obstructed
By Abdul Nabi AL IKARI
Bahrain passed through a critical stage in its history after the dissolution of the national Council the first to be elected in the history of the country and the suspension of the parliamentary life and the ruling under the law of the state security, which lasted from 26 August 1975 till the ruling mandate of Sheikh Hamad Al Khalifa in March 6, 1999.
Then after that, steps of relaxation came into existence which was in releasing the detainees and political convicts and the return of the exiles and displaced persons under an unconditional general amnesty and it seemed that the talking about the reform project would be launched by the prince, and that is how the idea of National Action Charter was emerged.
A referendum was carried out in 14-15/2/2001 on the draft of the National Action Charter and won overwhelmingly by 98.4% after he pledged to respect the country's decree-law and not to affect or diminish the powers vested in the elected parliament.
The National Action Charter aimed at stressing on the following issues:
1- The legitimacy of the rule of Al-Khalifa, and confirmation of the legitimacy of Sheikh Hamad through the referendum on the Charter;
2- The reiteration on the principles of the society and the state as stipulated in the first decree-law of the country that was promulgated in 1973, in addition to the confirmation of the political rights of women as men;
3- The opening of the way to break a deadlock over the suspension of constitutional life by the proposal to amend the decree-law of 1973 under which the Authority will be a bicameral legislative, an elected council that practices legislation and control and an appointed council for consultation, and a change of the name of the State of Bahrain to become the Kingdom of Bahrain.
The reform project passed through three formal stages:
1- Phase of the political breakthrough, which was entitled by a general amnesty and vote on the Charter which was a stage full of hope for genuine democratic reforms;
2- The transitional medium stage where the activation of the Charter was awaited and the launching of the project of reform. However, what is more serious is the formation of a formal committee to amend the decree-law which had been published for their gravity;
3- An oriented phase of reforms under control to devote the existing political and economic system.
Reform of the political life
Civil society institutions have been expanded and diversified, and the society became powerless, and what is required is the revival of the civil society of political parties and syndicates, associations and bodies, and enable them to operate freely.
As for the second element to disrupt the political and social life it is sectarianism which is carved out of the society for decades after independence, where the state sponsored sectarianism and become devoted to existed custom, even after the last opening, most of the political and civil societies were formed at the base of sectarianism.
The third element, of the corruption of political life, is the power of money, and therefore the oldest democracies place restrictions on the use of money in the financing of political parties and civil institutions, and electoral campaigns.
5- Adjusting the tracks
One of the main tracks that must be adjusted is as follows:
- A shift from economic random uncontrolled growth to the sustainable and comprehensive development;
- Causing no damage to the State's obligations towards its citizens;
- In fact, the elected institutions lack real power and are dominated by the government and do not exercise its rightful role required in control, laws and legislations.
-Adjusting the track of the economic and social reform program.
The success of any reform program must be based at the outset on a real consensus and participation between the state and the society. In all aspects, the state refused to sit at the same table with the representatives of the forces of the society and the state intends to block any real control by the representatives of the people on the performance of its bodies, plans and programs, and sometimes the state intends to align to the major entities and businessmen when their interests conflict with the interests of the popular majority when the convolution over the existing laws occurs, as an illustration “techniques of planning for the labor market”.
Finally, in appointments at the councils and bodies, the state intends to select what it deems away from institutions to which they belong where loyalty to the government is the most important criterion.
Egypt
Succession of power – Crucible of all changes in Egypt
Five years of controversy and debate
By Haggag Nayel
Analytical vision of the situation in Egypt in light of dualism- home and abroad:
To discuss the issue of democratic development in Egypt, we should first analyze the directions and approaches of the Egyptian state in an interactive context with the "weak" non-effective home and the abroad with its implications and impact on the track of democratic transformation and political reform at domestic level, where a quick reading of the events indicates that we could not understand the democratic transformations in the last five years without getting to understand the nature of the ruling regimes in the Arab countries, including Egypt, and without the reference to this nature in close association with regional and international powers which play a prominent role in the so-called democratic transformation and political reform, even in the last five years, and without researching for the causes of the weakness of the social and political movements at domestic level and their inability to communicate and interact with the various sectors of society.
External factors influencing democratic development:
1- The collapse of the socialist camp:
With the fall and collapse of the Soviet Union, the leader of the socialist camp in 1989, the first bulwark which was the protector of the regimes in the Arab world from any claims for political reform and freedoms as well as democratic transformation collapsed. Given the arena became entirely vacant, the United States started to exert pressure on the totalitarian and dictatorial governments and seize control over the Arab countries, but because of some of the balances associated with the protection of Israel and its interests and to enforce the Arab ruling regimes to reconcile with Israel, the U.S. has abandoned the claims for applying democracy, human rights and fundamental freedoms in Arab countries and left the people of these countries as a prey between the jaws of such regimes.
2- The events of 9/11:
The 9/11 events incited the U.S. administration, at that time, to claim the Arab ruling regimes to adopt actions and measures to implement political reform and democracy ,change the curriculum and open a door for freedoms of political parties and unions as well as for NGOs. It was confirmed beyond any doubt that the events of 9/11 were a direct result of the tyranny and oppression practiced by the Arab regimes on various opposition and political powers. Thus, the U.S. administration along with Europe began to launch the strongest and largest campaign to claim for the need for democratic transformation in the Arab world.
3-The third Gulf war:
The third gulf war had a great impact in the course of subsequent democratic transformations in the Arab countries including Egypt, where the elimination of Saddam Hussein represented an extreme and harsh message to the ruling factions, and then each Arab country quickly changed its approach and specifically in the area of freedoms, as a direct impact of the Gulf war, the capture of former Iraqi president and 9/11 events.
Levels of change and democratic transformation:
1- Community level "people":
We must decide here that the people are the stakeholders in bringing about a qualitative change, real and exploitation of available space of relative freedom for the transition towards democracy and to obtain their civil and political, economic and social rights to build a genuine democratic model based on the idea of full citizenship.
However, we do not mean by that the revolutions, uprisings and popular movements with limited demands and non-political incentives; they are mostly driven by incentives and desires of a purely economic nature (such as the uprising in January 1977). Such uprisings and revolutions do not constitute a motive for a waiver of dictatorial and repressive regimes to give up its policy of monopoly and exclusion.
The reasons for the abstention of citizens to claim their rights:
1-The negative social and cultural values pattern.
2-The deteriorated economical conditions of the majority of the Egyptian people (51% under the poverty line).