January 7th, 2010 by Josh

A revealing report by the The Arab Reform Initiative highlights the previous two decades of constitutional reform in the Arab world, and examines both the underlying catalyst for “democratic shifts” and the future direction of these reforms within five countries: Morocco, Bahrain, Egypt, Algeria, and Mauritania.

Though the report, written by Amina El Messaoudi, recognizes the unique internal circumstance of each country’s process toward reformation, it uncovers several thematic similarities across the Arab community. More specifically, it points to constitutional reforms in five general areas: 1) State support of human rights law, 2) Gender equality and women’s representation, 3) Reinforcement of constitutional law, 4) Multi-party systems, and 5) Financial regulation.

However, the impetus for democratic progress often came from different sources. Messaoudi writes that the ruling power initiated reforms in places like Egypt, Algeria, and Tunisia, while opposition parties jump-started the process in Morocco. On a functional level, civil society and media helped to spur reformation in Morocco, Egypt, Lebanon, and Mauritania, “whereas in [Algeria and Bahrain] national treaties served as the entry point for amendments.”

Parliamentary restructuring in favor of bicameral legislatures played a key role by slowly shifting power away from the executive, Messaoudi reports, however three roadblocks prevented widespread progress on that front: 1) The second legislative body is often significantly less democratic with many members appointed directly by the country’s executive, 2) most Arab constitutions impart similar powers and responsibilities to both parliamentary chambers, which “impedes a dynamic relationship from forming between them,” and 3) heads of state retain the sole authority to dissolve the parliament.

While acknowledging that these efforts “have not profoundly altered the political and constitutional arrangements in these countries,” the report attributes the “change in the relationship between the powers, and an increased role for political parties, as well as civil society” to the movement for constitutional reform throughout much of the region, and believes that civil society has been “empowered to undertake an effective role in future constitutional amendments.”

Posted in Algeria, Bahrain, Democracy Promotion, Egypt, Freedom, Human Rights, Lebanon, Mauritania, Morocco, Political Parties, Reform, Tunisia |